A. Statement of Policy
It is the policy of the Forest City Community School District that the following employee conduct is prohibited: (1) the use, sale, offering for sale, or possession of illegal drugs, controlled substances, imitation controlled substances, or counterfeit controlled substances, on the job, on the District’s premises, or in District vehicles; (2) any improper use of “legal” or physician-prescribed drugs on the job, on the District’s premises, or in District vehicles (whether or not the employee is “on duty”); (3) the use, sale, offering for sale, or possession of alcoholic beverages (beer, wine, or spirits) on the job, on the District’s premises, or in District vehicles, whether or not the employee is “on duty”; and (4) being under the influence of illegal drugs or controlled substances, alcohol (beer, wine, or spirits) or improperly used prescription drugs on the job, on the District’s premises, or in District vehicles, whether or not the employee is “on duty”.
B. Application
The District reserves the right to conduct alcohol and drug testing for employees that are NOT required to possess a Commercial Driver’s License (Non-DOT employees) under any of the following circumstances:
Pre-Employment Testing - When a position warrants a pre-employment drug test, testing will occur after the District makes a conditional offer of employment but prior to the prospective employee’s first day of work.
Reasonable Suspicion Testing - Where there is evidence that an employee may be impaired on the job due to the use of illegal drugs, controlled substances, prescription drugs, or alcohol.
C. Definitions
As used in this policy, the term “controlled substance” or “drug” for purposes of this policy means any substance specified in Schedule I, II, III, IV, or V of the federal Controlled Substances Act, 21 U.S.C. 801 et. seq. and published at 21 CFR 1308.11 and 21 CFR 1308.12, and any substance defined as a “controlled substance” by state law.
“Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol including methyl or isopropyl alcohol. The term “alcohol” includes, but is not limited to, beer, wine, liquor, spirits, other alcoholic beverages, and medicines containing alcohol.
D. Pre-Employment Testing
All employees who have been offered a contracted position (non-substitutes) will be required to pass a drug test after they have been extended a conditional offer of employment with the District.
Prospective employees who refuse to take the required drug test, who fail to cooperate in any aspect of the testing procedure, or who test positive for any of the designated drugs will be ineligible for District employment for a minimum of two years.
E. Reasonable Suspicion Testing
Any employee who is reasonably suspected of being impaired by or under the influence of a controlled substance or alcohol (that is, having a controlled substance or alcohol in the body) while “on the clock,” performing their job duties, or using District equipment, shall be either suspended from their job duties pending an investigation and verification of their condition or, if drug testing facilities are not available, ordered to immediately discontinue all work activities and leave the District’s premises. Employees who are reasonably suspected of being impaired by or under the influence of a controlled substance or alcohol will not be permitted to drive a motor vehicle after they have been suspended. If the employee has driven a motor vehicle to work, the employee must either make arrangements with another individual to drive their vehicle or must make arrangements for alternative transportation. In certain circumstances, the Police Department may be called to assist.
Employees may be subject to testing when there is reason to believe that an employee is using or has used alcohol or other drugs in violation of the District’s written policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. For purposes of this provision, facts and inferences may be based upon, but are not limited to, any of the following:
Observable indicators while at work such as direct observation of alcohol or drug use or abuse or of the physical symptoms or manifestations of being impaired due to alcohol or other drug use.
Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.
A report of alcohol or other drug use provided by a reliable and credible source.
Evidence that an individual has tampered with any drug or alcohol test during or before the individual’s work time.
Evidence that the employee has manufactured, sold, distributed, solicited, possessed, used, or transferred drugs while working or while on District’s premises or while operating the District’s vehicle, machinery, or equipment.
Reasonable suspicion testing will only be applicable during, just before, or just after the period of the day when the employee is engaged in work functions. Employees who are required to submit to reasonable suspicion testing will be suspended from their job duties pending an investigation and the report of the tests. If the test of the employee results in an alcohol concentration of less than .04 and a Medical Review Officer (MRO) verified negative test for the use of controlled substances, then the period of suspension will be with pay. If the test of the employee results in an alcohol concentration of more than .04 or a MRO-verified positive test for the use of controlled substances, then the period of suspension will be without pay.
F. Post-Injury Testing
Employees may be subject to testing if they have suffered a work-related injury for which a report could be required under Iowa Code Chapter 85. Iowa Code Section 85.16(2) provides that worker’s compensation benefits will not be allowed for an injury which was caused by the employee’s intoxication, if the intoxication was a substantial factor in causing the injury. In determining whether an employee will be required to submit to a post-injury alcohol or drug test, the District will apply the standards set forth in Part E of this policy.
The employee is permitted to obtain necessary medical attention following an accident and is permitted to leave the scene of an accident for the period necessary to obtain necessary emergency medical care. But the employee will be subject to post-injury testing and must remain readily available for testing, or the employee will be deemed to have refused to submit to testing. Tests will be administered as soon as practicable.
G. Employee Requested Testing
If a confirmed positive drug or alcohol test for a current employee is reported to the District by the medical review officer, the District shall notify the employee in writing by mail of the results of the test, the employee’s right to request and obtain a confirmatory test of the second sample collected at an approved laboratory of the employee’s choice, and the fee payable by the employee to the District for reimbursement of expenses concerning the test. The fee charged an employee shall be an amount that represents the costs associated with conducting the second confirmatory test, which shall be consistent with the District’s cost for conducting the initial confirmatory test on an employee’s sample.
If the employee, in person or by certified mail, requests a second confirmatory test, identifies an approved laboratory to conduct the test, and pays the District the fee for the test within seven days from the date the District mails the written notice to the employee of the employee’s right to request a test, a second confirmatory test shall be conducted at the laboratory chosen by the employee. The results of the second confirmatory test shall be reported to the medical review officer who reviewed the initial confirmatory test results and the medical review officer shall review the results and issue a report to the District on whether the results of the second confirmatory test confirmed the initial confirmatory test as to the presence of a specific drug or alcohol. If the results of the second test do not confirm the results of the initial confirmatory test, the District shall reimburse the employee for the fee paid by the employee for the second test and the initial confirmatory test shall not be considered a confirmed positive drug or alcohol test for purposes of taking disciplinary action.
If a confirmed positive drug or alcohol test for a prospective employee is reported to the District by the medical review officer, the District shall notify the prospective employee in writing of the results of the test, of the name and address of the medical review officer who made the report, and of the opportunity for the prospective employee to request records.
H. Confirmatory Testing
If the result of the initial test is an alcohol concentration of .04 or greater or if the result of the initial test is positive for the presence of a controlled substance, a confirmatory test must be performed. The confirmatory drug or alcohol test shall be a chromatographic technique such as gas chromatography/mass spectrometry, or another comparably reliable analytical method.
I. Cooperation Required
Any employee who refuses to submit to an alcohol or controlled substance test required by this policy (other than for a legitimate medical reason, verified independently at employee’s expense); who provides false information in connection with a test; or who attempts to falsify test results through tampering, contamination, adulteration, or substitution, will be subject to disciplinary action up to and including termination.
The phrase “refuses to submit to an alcohol or controlled substance test” means that the individual:
Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing, or
Fails to provide adequate urine for controlled substance testing without a valid medical explanation after he or she has received notice of the requirement for urine testing, or
Engages in conduct that interferes with the testing process.
Testing shall be conducted in a manner to assure the highest degree of accuracy and reliability by using techniques and laboratory facilities which meet the requirements of the Iowa Department of Human Services.
J. Consequences for Violations
If an applicant’s required pre-employment drug test results in a Medical Review Officer (MRO)-verified positive test for the use of controlled substances or an alcohol concentration of .04 or greater, the applicant will not be eligible for employment.
Disciplinary action, including termination of employment, may be taken against existing employees for any of the following reasons:
A violation of any provision of District Policy.
If the test of the employee results in a Medical Review Officer (MRO)-verified positive test for the use of controlled substances or an alcohol concentration of .04 or greater
A failure or refusal to submit to testing required by this policy.
K. Payment for Evaluation and Treatment
The District’s responsibility for the cost of any evaluation, treatment, or counseling will be limited to the benefits provided by the District’s health insurance plan for such evaluation, treatment, or counseling.
L. Record Retention
All records created under this policy, including records of individual employee drug test results, will be retained in accordance with state and federal law. Drug test results will be maintained in a confidential file, separate from the employee’s personnel file.
Cross Reference:403.5 Substance-Free Workplace
403.06 Drug and Alcohol Testing Program
403.06-E1 Drug and Alcohol Testing Program - Notice to Employees
404 Employee Conduct and Appearance
404-R1 Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation
404-R2 Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation
409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave
Approved: 10-11-21 Reviewed: 12-12-22 Revised: 12-12-22
