4020
BP
Board Policy
Drug And Alcohol-Free Workplace
The Governing Board believes that the maintenance of a drug- and alcohol-free workplace is essential to staff and student safety and to help ensure a productive and safe work and learning environment.
An employee shall not unlawfully manufacture, distribute, dispense, possess, or use any controlled substance in the workplace. (Government Code 8355; 41 USC 8103)
Employees are prohibited from being under the influence of controlled substances or alcohol while on duty. For purposes of this policy, on duty means while an employee is on duty during both instructional and noninstructional time in the classroom or workplace, at extracurricular or cocurricular activities, or while transporting students or otherwise supervising them. Under the influence means that the employee's capabilities are adversely or negatively affected, impaired, or diminished to an extent that impacts the employee's ability to safely and effectively perform their job.
The Superintendent or designee shall notify employees of the district's prohibition against drug use and the actions that will be taken for violation of such prohibition. (Government Code 8355; 41 USC 8103)
An employee shall abide by the terms of this policy and shall notify the district, within five days, of their conviction for violation in the workplace, of any criminal drug statute. (Government Code 8355; 41 USC 8103)
The Superintendent or designee shall notify the appropriate federal granting or contracting agency within 10 days after receiving notification, from an employee or otherwise, of any conviction for a violation occurring in the workplace. (41 USC 8103)
In accordance with law and the district's collective bargaining agreements, the Superintendent or designee shall take appropriate disciplinary action, up to and including termination, against an employee for violating the terms of this policy and/or shall require the employee to satisfactorily participate in and complete a drug assistance or rehabilitation program approved by a federal, state, or local public health or law enforcement agency or other appropriate agency.
Substance Abuse Awareness Program
The Superintendent or designee shall establish a drug- and alcohol-free awareness program to inform employees about: (Government Code 8355; 41 USC 8103)
- The dangers of drug and alcohol abuse in the workplace
- The district's policy of maintaining drug- and alcohol-free workplaces
- Any available drug and alcohol counseling, rehabilitation, and employee assistance programs
- The penalties that may be imposed on employees for drug and alcohol abuse violations
Legal & Management References
State
Ed. Code 44011 - Controlled substance offense; definition
Ed. Code 44425 - Conviction of a sex or narcotic offense
Ed. Code 44836 - Employment of certificated persons convicted of sex offense or controlled substance offense
Ed. Code 44940 - Compulsory leave of absence for certificated persons
Ed. Code 44940.5 - Procedures when employees are placed on compulsory leave of absence
Ed. Code 45123 - Employment after conviction of controlled substance offense
Ed. Code 45304 - Compulsory leave of absence for classified persons
Gov. Code 8350-8357 - Drug-free workplace
Federal
20 USC 7111-7117 - Safe and Drug Free Schools and Communities Act
21 CFR 1308.01-1308.49 - Schedule of controlled substances
21 USC 812 - Schedule of controlled substances
41 USC 8101-8106 - Drug-Free Workplace Act
Management Resources
Court Decision - Cahoon v. Governing Board of Ventura USD (2009) 171 Cal.App.4th 381
Court Decision - Ross v. RagingWire Telecommunications, Inc. (2008) 42 Cal.4th 920
Website - CSBA District and County Office of Education Legal Services
Website - California Department of Education
Website - California Department of Health Care Services
Website - U.S. Department of Labor
Cross References
3513.4 BP Drug And Alcohol Free Schools
4032 AR Reasonable Accommodation
4112.9 AR Employee Notifications
4119.21 BP Professional Standards
4119.21-E PDF(1) AR Professional Standards
4159 BP Employee Assistance Programs
4212.41 BP Employee Drug Testing
4212.9 BP Employee Notifications
4219.21 BP Professional Standards
4259 BP Employee Assistance Programs
4312.41 BP Employee Drug Testing
4312.9 BP Employee Notifications
4319.21 BP Professional Standards
4359 BP Employee Assistance Programs