GBED-AR - Pre-Employment Drug Testing Procedures

Code: GBED-AR
Adopted: 8/13/97
Re-adopted: 2/18/14; 7/13/22
 

Purpose

This procedure sets forth the manner in which the district seeks to ensure that candidates for employment in the district are not currently using illegal drugs.

Definitions

  1.  Applicant - A person who has filed an application for employment with the district.
  2.  Candidate - An applicant for a safety sensitive position (e.g., bus drivers, heavy machinery operators) and positions in which the person is responsible for students’ safety and security[1] who has been selected for employment on a probationary basis pending satisfactory completion of the district’s drug testing program.
  3.  Drugs - Any drug or substance classified in Schedules I through V under the Federal Controlled Substances Act, 21 U.S.C. 811 to 812, including but not limited to mind-altering substances or narcotic drugs such as hallucinogenic, amphetamines, barbiturates, marijuana or any other illegal drug or controlled substance, except those prescribed by a physician and used as directed.

Procedure

  1.  A statement that drug testing is a part of the district’s pre-employment process and that satisfactory completion of such tests is a prerequisite of employment for a safety sensitive position (e.g., bus drivers, heavy machinery operators) and positions in which the person is responsible for students’ safety and security, will be included as a part of the candidate packet. Also included in the candidate packet will be the “Consent for Pre-Employment Drug Testing”.
  2.  A candidate will be offered employment on a probationary basis pending a satisfactory completion of the district’s drug testing program for illegal drugs.
  3.  The personnel office will schedule an appointment with the district-designated drug testing laboratory.
  4.  A candidate must report to the district designated laboratory to conduct the pre-employment drug screening at the approved time or the district may withdraw the job offer.
  5.  The district’s designated drug screening laboratory will be required to provide written assurance that the following standards will be maintained:
    1.  It will utilize reliable testing protocols and procedures. It will also establish screening cut-off levels that assure that drugs are present at a sufficiently high level to allow the district to reasonably conclude that the candidate is currently engaging in the illegal use of drugs, consistent with generally accepted standards and protect the candidate’s right to privacy to the extent possible;
    2.  It will perform drug screening tests for the presence of illegal drugs and will use generally accepted drug testing procedures to verify positive tests and use accepted follow-up procedures where appropriate;
    3.  Following verbal communication to the district indicating the results, it will provide written confirmation to the district personnel office within two days following screening.
  6. The personnel office will notify the candidate of any positive or diluted results of the drug tests.
    1.  If results are diluted, candidate must be re-screened within one business day of the results.
    2.  Candidates who wish to challenge the accuracy of a positive result on the drug test may request that the test be repeated. The original specimen will be utilized for re-testing. Requests for retesting must be submitted in writing to the personnel office within two working days of notification of a positive test result.
    3.  The candidate will pay for the cost of the original drug screening and a second test on the original sample, as necessary, in order to confirm the results of the first test.
  7.  If the candidate is unable to pass the test, the district’s offer of employment will be withdrawn.
  8.  If the drug testing inadvertently reveals that a candidate is taking medication for the treatment of a disability, this information will not be used by the district to unlawfully discriminate against the candidate on the basis of that disability.
  9.  Written records of drug testing results will be maintained as required by law in the personnel office and will be treated as confidential medical records by the district.

 

NOTICE TO ALL APPLICANTS

Douglas County School District 4 strives to provide a safe, drug-free environment for all students and employees.

All candidates selected for employment in for a safety sensitive position (e.g., bus drivers, heavy machinery operators) and positions in which the person is responsible for students’ safety and security , including former employees selected for rehire for a safety sensitive position (e.g., bus drivers, heavy machinery operators) and positions in which the person is responsible for students’ safety and security, must satisfactorily complete screening tests for illegal drug use prior to the district presenting a final offer of employment.

CONSENT FOR PRE-EMPLOYMENT DRUG TESTING

One part of the employment application process for candidates for safety-sensitive positions (e.g., bus drivers, heavy machinery operators) and positions in which the person is responsible for students’ safety and security[2] who have been selected for employment with Douglas County School District 4 includes testing for current use of illegal drugs. The district’s offer of employment is conditional upon the successful completion of a pre-employment screening test for illegal drugs. If you wish to complete the employment process, you must consent to testing by signing this form.

Your signature indicates your consent to testing of a urine specimen in order to determine the presence of illegal drugs and your understanding that the results of an analysis will be kept confidential and will be used solely to determine eligibility for employment.

If you fail to report for testing at the designated time the district may withdraw its offer of employment. In case of a diluted result, candidate agrees to re-screening within one business day of results.

SIGNED AUTHORIZATION MUST BE RETURNED WITH EMPLOYMENT MATERIALS

I hereby authorize the district-designated laboratory to release to Douglas County School District 4 the results of my pre-employment drug screening tests and further release Douglas County School District 4 and its employees from all liabilities associated with said testing.

Candidate’s Name ____________________________________________________________________                                                                                          (Please Print)

Candidate’s Signature _________________________________________________________________        Date ____________________________________________

                                                                                                                                                Office Use Only                                                                                                                                              Approved __________                                                                                                                  Denied     __________
 


1 Based on Lanier v. City of Woodburn – “Safety sensitive” may also include positions that have heavy student contact and in loco parentis responsibility (e.g., teachers, administrators, paraprofessionals).

2 Based on Lanier v. City of Woodburn – “Safety sensitive” may also include positions that have heavy student contact and in loco parentis responsibility (e.g., teachers, administrators, paraprofessionals).