GBEC - Drug-Free Workplace

Code: GBEC
Adopted: 8/8/90
Re-adopted: 8/13/97; 7/13/22
 
The district shall provide a drug-free workplace.
 
The purpose of this policy is to promote safety, health and efficiency by prohibiting the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcohol in the workplace.
 
This policy applies to all employees, including but not limited to, those exempt, unclassified, management service, classified and temporary employees who are paid directly or indirectly from funds received under a federal grant or contract.
 
The district shall provide to each employee a copy of this policy.
 
An employee shall not unlawfully manufacture, distribute, dispense, possess or use a controlled substance or alcohol in the workplace.
 
No district employee shall knowingly sell, market or distribute steroid or performance enhancing substances to kindergarten through grade 12 students with whom the employee has contact as part of employee’s district duties; or knowingly endorse or suggest the use of such substances.
 
An employee shall, as a condition of employment, abide by the provisions of this policy.[1]
 
Definitions
 
1. “Controlled substance” shall include any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or other drug as classified under the federal Controlled Substances Act, as modified under Oregon Revised Statute (ORS) 475.035.
 
2. “Alcohol” shall include any form of alcohol for consumption, including beer, wine, wine coolers or liquor.
 
3. “Conviction” means a finding of guilt (including a plea of no contest) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or state criminal drug statutes.
 
4. “Criminal drug statute” means a Federal or State criminal statute involving the manufacture, distribution, dispensation, possession or use of any controlled substance or alcohol.
 
5. “Drug-free workplace” means a site for the performance of work at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcohol.
 
Sanctions and Remedies[2]
 
The district, upon determining that an employee has engaged in the unlawful manufacture, distribution, dispensation or possession of a controlled substance or alcohol, or upon having reasonable suspicion (under the section below) of an employee’s unlawful use of a controlled substance or alcohol in the workplace, shall, pending any criminal drug statute conviction for a violation occurring in the workplace, take appropriate action, which may include transfer, granting of leave with or without pay or suspension with or without pay.
 
Within 30 calendar days of learning of an employee’s criminal drug statute conviction for a violation occurring in the workplace, the district shall:
 
1. Take appropriate action, which may include discipline up to and including termination; and/or
 
2. Require satisfactory participation by the employee in a drug abuse assistance or rehabilitation program approved for such purpose by a federal, state or local health, law enforcement or other appropriate agency.
 
Basis for Reasonable Suspicion of Employee Use of Controlled Substance/Alcohol
 
Reasonable suspicion of employee use of an unlawful controlled substance or alcohol shall be based upon any of the following:
 
1. Observed abnormal behavior or impairment in mental or physical performance (e.g., slurred speech, difficulty walking);
 
2. Direct observation of use in the workplace;
 
3. The opinion of a medical professional;
 
4. Reliable information concerning use in the workplace, the reliability of any such information shall be determined by employer;
 
5. A work-related accident in conjunction with a basis for reasonable suspicion as listed above.
 
Employee Assistance Program
 
An employee having a drug or alcohol problem is encouraged to seek assistance, on a confidential basis, under the Employee Assistance Program if such program is provided by the employer.
 
The district shall, upon employee request, grant leave with or without pay to permit an employee to participate in a drug abuse assistance or rehabilitation program.
 
Establishment of Drug-Free Awareness Program
 
The district shall establish a drug-free awareness program to inform employees of the:
 
1. Dangers of drug abuse in the workplace;
 
2. Existence of and content of this policy for maintaining a drug-free workplace;
 
3. Availability of drug-counseling, rehabilitation and employee assistance programs; and
 
4. Penalties that may be imposed for drug abuse violations occurring in the workplace.
 
Notification by Employee of Conviction[3]
 
An employee shall, as a condition of employment, notify the district in writing of any criminal drug statute conviction for a violation occurring in the workplace no later than five calendar days after such conviction.
 
Notification by the District of an Employee Conviction
 
The district shall notify the appropriate federal granting or contracting agency, in writing, of an employee’s criminal drug statute conviction, for a violation occurring in the workplace, no later than 10 calendar days after learning of such conviction.
 
END OF POLICY

1 Districts directly receiving grants or contracts from the federal government are required to meet this obligation.

2 Ibid. p. 1

3 Ibid. p. 1


Legal Reference(s)

ORS 342.721
ORS 342.723
ORS 342.726
ORS 659A.127

OAR 581-022-2045                                                                                                                                        OAR 581-022-2210                                                                                                                                        OAR 584-020-0040(5)(e)

Drug-Free Workplace Act of 1988, 41 U.S.C. §§ 8101-8106 (2012); General Principles Relating to Suspension and Debarment Actions, 34 C.F.R. §§ 84.100-84.670 (2016).
Controlled Substances Act, 21 U.S.C. § 812; Schedules of Controlled Substances, 21 C.F.R. §§ 1308.11-1308.15 (2016).
Safe and Drug-Free Schools and Communities Act, 20 U.S.C. §§ 7101-7117 (2012).