SCHOOL
DISTRICT OF PALM BEACH COUNTY
POLICY STATEMENT AND NOTICE
TO EMPLOYEES, APPLICANTS, AND VOLUNTEERS
IMPLEMENTATION OF A
DRUG- AND ALCOHOL-FREE WORKPLACE PROGRAM
Date of Notice: May 31, 2005
Date of Implementation: August 1, 2005
Authority: Fla. Stat. § 440.102(3) and
Board Policy 3.96
1. Notice. This policy statement is being provided to employees, volunteers,
and job applicants (who have been offered employment conditioned upon
successfully passing a drug/alcohol test) as a notice prior to implementation
of the District’s Drug- and Alcohol-Free Workplace Program under School Board Policy
3.96 and Florida Statutes § 440.102 (“Drug-free Workplace Program
Requirements,” in the Workers Compensation chapter of state law). In the Policy and in this notice, the
term “drug” includes alcohol.
2. General Policy. The manufacture, distribution, dispensation,
possession, or use of controlled substances (including the possession, sale,
purchase, or consumption of alcohol), is prohibited: a) on School District of
Palm Beach County premises; b) while conducting School District business; c)
while operating School District vehicles, machinery, or equipment; or d) as a
part of any of a school’s activities or the School District’s activities or
programs.
No employee or volunteer shall report for duty or remain on duty
while under the influence of, or impaired by, any controlled substance. No employee or volunteer involved in an
on-the-job vehicular or other work-related accident shall use alcohol for eight
(8) hours following the accident, or until after undergoing a post-accident
alcohol test, whichever occurs first.
Additionally, off-the-job use or involvement with illegal drugs,
alcohol, or other controlled substances may subject an employee to disciplinary
action under applicable Board Policies such as 3.12 and 3.13; applicable State
Board of Education Rules such as F.A.C. r. 6B-4.009(2), (5); and the applicable
collective-bargaining agreement, if any.
3. Testing Program. The District will not conduct random testing
of employees (except for those employees subject to a separate Policy 3.961 for
safety-sensitive and driver positions).
To promote a drug-free workplace, the District will require the
following kinds of tests under Policy 3.96: Job applicant
testing/pre-employment screening (and pre-service testing of volunteers may
also be required as stated below); Reasonable-suspicion testing; Post-accident
reasonable-suspicion testing (following an on-the-job accident);
Fitness-for-duty testing; and Follow-up testing. Features of these kinds of
testing are summarized below:
a. Pre-Employment/Pre-Service Screening. Pre-employment screening will be required of all applicants before
employment with the District. Any
applicant who tests positive in the pre-employment screening for a drug as
defined in this Policy will not be hired, and will not be eligible to re-apply
for employment with the District for one year following the confirmed positive
test. Similarly, a person applying to
be a volunteer may be subject to pre-service screening in some cases, such as
based upon whether the volunteer applicant has a known history of substance/alcohol
abuse or other drug-related problems.
b. Reasonable Suspicion. All
employees/applicants/volunteers who are determined to be under reasonable
suspicion of drug use are required to take a drug test. Reasonable suspicion
will be determined by a supervisor at least one level above the employee to be
tested. The circumstances supporting
that determination will be drawn from specific objective and articulable facts
that must be documented in writing.
Reasonable suspicion may include, but is not necessarily limited to,
examples such as the following:
observable phenomena while at work, such as observation of drug use or
of the physical symptoms of being under the influence; abnormal conduct or
erratic behavior or a significant deterioration in work performance; evidence
that an individual has tampered with a drug test; information that the
individual has caused, or contributed to, an accident while at work; or
evidence that the employee/applicant/volunteer has used, possessed, sold,
solicited, or transferred drugs on work premises or while operating District
vehicles, machinery, or equipment.
c. Post-Accident
Reasonable-Suspicion. Post-accident reasonable-suspicion testing will be
done as soon as possible on all employees/applicants/volunteers who are
involved as a driver in any vehicular accident while performing their duties:
i) on a surviving employee/applicant/volunteer when an accident results in loss
of human life; ii) when an employee/applicant/volunteer receives a citation for
a moving violation(s) and one or more of the vehicles involved in the accident
is towed from the scene of the accident; or iii) when an employee/applicant/volunteer
receives a citation for a moving violation(s) and one or more persons involved
in the accident received medical treatment away from the scene of the accident.
d. Fitness for Duty.
Employees/volunteers who are subject to a fitness-for-duty medical
examination may be required to take a drug test as part of their medical
examination.
e. Follow-up Testing. Employees who have successfully completed an
employee assistance program or substance rehabilitation program and return to
duty must submit to unannounced drug testing at least once a year for a
two-year (2-year) period after completion of the program.
4. Confidentiality. All aspects of the substance testing process
will be kept confidential to the extent allowed by law. In general, all information,
reports, statements, memoranda, and drug test results, written or otherwise,
received by the District through a drug testing program are confidential
communications and may not be used or received in evidence, obtained in
discovery, or disclosed in any public or private proceedings, except in
accordance with Fla. Stat. §
440.102, Fla. Admin. Code r. 59A-24.008, and Policy 3.96.
5. Consequences of Refusing to Submit to a
Drug Test. No employee, applicant, or volunteer shall refuse to submit to
any test required by Policy 3.96.
Refusal to submit to a test will be treated as a positive test result.
Failure to complete and sign testing form(s), to provide an
adequate specimen, or otherwise to cooperate with the testing process in a way
that prevents the completion of the test will be considered a refusal to test
and will be deemed a positive test result.
Any attempt to adulterate a specimen or provide a specimen that is
adulterated will also be considered a refusal to test and will be deemed a
positive test result. Any obstruction
to, and lack of cooperation with, the testing process will be considered a
refusal to test and deemed a positive test result. Failure or refusal to be available for testing may be deemed a
refusal to submit to testing. As stated
in Fla. Stat. § 440.101(2), “it is a
condition of employment for an employee to refrain from reporting to work or
working with the presence of drugs or alcohol in his or her body and, if an
injured employee refuses to submit to a test for drugs or alcohol, the employee
forfeits eligibility for medical and indemnity [workers compensation] benefits.”
6. Consequences of a Positive Test. An initial test or “screen” for alcohol is
an analytical procedure to determine whether an employee, applicant, or
volunteer may have a prohibited concentration of alcohol in his/her system. A positive
test result will require the employee’s or volunteer’s immediate removal from
duty; no employee or volunteer shall perform duties after testing positive
until the terms specified in Policy 3.96 have been satisfied.[1]
When appropriate, the School Board will require employees with
workplace substance violations to satisfactorily participate in an approved
employee assistance program (EAP) or rehabilitation program. Employees will not
be discharged, disciplined, discriminated against, or requested or required to
undergo rehabilitation, on the sole basis of a positive test result that has
not been verified by a confirmation test.
A confirmation test (a second analytical procedure to confirm the
presence of a specified drug or metabolite in a specimen through a different
technique than the screen; or a second test that provides specific quantitative
data for alcohol following a screening test with a result of four
one-hundredths BAL (0.04) or greater) is used to confirm an initial positive
test.
If an employee has a confirmed-positive test result for an alcohol
level exceeding 0.04 or for an unlawful controlled substance, the employee will
be subject to disciplinary action up to and including termination of
employment, consistent with the applicable collective bargaining agreement, if
any. Applicants with such results will not be hired (and cannot re-apply for
one year); and volunteers with such results will not be allowed to perform
further volunteer functions.
Pursuant to Fla. Stat. § 440.101(2), “if a drug or alcohol is found to be present in the employee's
system at a level prescribed by rule adopted pursuant to this act, the employee
may be terminated and forfeits his or her eligibility for medical and indemnity
[workers compensation] benefits”
consistent with Fla. Stat. §§ 440.102(12) and 440.102(5)(p).
7. Effect of Common Medications. Because an initial positive test result does
not automatically identify an employee/applicant/volunteer as having used drugs
in violation of Policy 3.96, providing the MRO with detailed knowledge of
possible alternative explanations is important to the review of results and is
the responsibility of the employee/applicant/volunteer. The most common drugs and medications which
may alter or affect a drug test are listed in Appendix A to this notice,
based on Fla. Admin. Code r. 59A-24.005(2)(g) of Florida’s Agency for
Healthcare Administration.[2]
8. Reporting Medications to the MRO. Employees, job applicants, and volunteers
may confidentially report to the medical review officer (MRO) their use of
prescription or nonprescription medications both before or after being tested
in order to make the MRO aware of conditions that could alter or affect the
test. (An MRO is a licensed physician qualified under Fla. Admin. Code r.
59A-24.008 to evaluate a test result, together with the medical history or any
other biomedical information, and to make the final determination of the test
results.) Moreover, employees/applicants/volunteers have the right to consult
with an MRO for technical information regarding prescription or nonprescription
medication.
9. Drugs Tested. The District may test for any of the
following drugs: alcohol, including a
distilled spirit, wine, a malt beverage, or an intoxicating liquor;
amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens;
methaqualone; opiates or narcotics; barbiturates; benzodiazepine; synthetic
narcotics; designer drugs; or a metabolite of any of these substances. More details on some of these substances are
included in Appendix B to this notice.
Currently, drug testing is conducted at the following locations:
NORTH AREA:
COACH Comp America Monday
thru Friday
400 North Congress Avenue 7:30am
– 6:00pm
(First Floor – Suite #110) Phone:
561-640-7505
West Palm Beach, FL 33401
SOUTH AREA:
JFK Medical Center Monday
thru Friday
190 JFK Drive 8:00am
– 5:00pm
Atlantis, FL 33462 Phone:
561-548-3525
10. Response to a Positive Confirmed Test. An employee, job applicant, or volunteer whose
test result is confirmed positive may contest or explain the result to the
medical review officer (MRO) within five (5) working days after receiving
written notification of the test result. If the employee's/applicant's/volunteer’s
explanation or challenge is unsatisfactory to the MRO, the MRO will report a
positive test result to the School District. The employee/applicant/volunteer
may then contest the test result pursuant to law or to rules adopted by the
Agency for Health Care Administration.
11. Employee Assistance and Drug
Rehabilitation Programs. The
District’s Employee Assistance Program (EAP) is administered by Corporate Care
Works, Inc. This is a benefit for employees, approved and paid for by the
School Board. It provides counseling
services at no charge and is confidential, voluntary, and provided by licensed
professionals. Employees remain eligible for this service for ninety days after
termination of employment.
The EAP can provide expert
assessment of employee personal concerns; confidential and timely identification
services for substance abuse; referrals of employees for appropriate diagnosis,
treatment, and assistance; and follow-up services for employees who participate
in the program or require monitoring after returning to work.
The EAP (Corporate Care Works) is located at 2151 45th Street,
Suite 202, West Palm Beach, Florida 33406. The EAP has a toll-free, 24-hour, 7
days a week, live-answered telephone line ((561) 433-9588 or
1-800-327-9757).
Local drug rehabilitation programs are available to provide
confidential, timely, and expert identification, assessment, and resolution of
employee drug abuse through the EAP.
The following is a representative sampling of local substance
rehabilitation programs:
Transitions of America
500 Gulf stream Boulevard, Suite 106-108
Delray Beach, Florida 33483
(561) 272-9394
(866) 732-4055
Palm Beach Institute
1017 North Olive Avenue
West Palm Beach, Florida 33401
(561) 833-7553
Family Health Counseling
2677 Forest Hill Boulevard
West Palm Beach, Florida 34461
(561)433-0123
FACTS
3175 South Congress
Suite 106
Lake Worth, Florida 33406
(561) 968-2370
12. Notification
if Action is Brought. Employees, applicants, and volunteers have
a responsibility to notify the laboratory of any administrative or civil action
brought pursuant to this section.
13. Collective Bargaining and Appeal
Rights. Policy 3.96 will apply in
conjunction with applicable collective bargaining agreements, and applicable
employees have the right to appeal to the Public Employees Relations Commission
or applicable court.
14. Further Information. Employees, applicants, and volunteers are
encouraged to read and be familiar with Policy 3.96, available online at
www.palmbeach.k12.fl.us/policies/3_96.htm . Any questions about the Policy
should be directed to the District’s Department of Professional Standards.
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APPENDIX A
PRESCRIPTION OR NONPRESCRIPTION MEDICATIONS/DRUGS WHICH
COULD ALTER OR AFFECT THE OUTCOME OF A DRUG TEST
The following
list contains the most common drugs (prescription or nonprescription
medications) by brand name, common name, or chemical name which may alter or
affect the outcome of a drug test. (The term “prescription or nonprescription
medication" means a drug or medication obtained pursuant to a prescription
or a medication that is authorized pursuant to federal or state law for general
distribution and use without a prescription in the treatment of human diseases,
ailments, or injuries.) All or some of
these drugs may be tested for under the District’s drug testing policy. The
Agency for Health Care Administration’s list of common drugs/medications[3]
are:
Alcohol Analysis
Drugs that
may affect: All liquid medications containing ethyl alcohol (ethanol). Please
read the label for alcohol content. As an example, Vick's Nyquil is 25% (50
proof) ethyl alcohol; Comtrex is 20% (40 proof); Contac Severe Cold Formula
Night Strength is 25% (50 proof); and Listerine is 26.9% (54 proof).
Amphetamines Analysis
Drugs that may affect: Obetrol,
Biphetamine, Desoxyn, Dexedrine, Didrex.
Cannabinoinds Analysis
Drugs that may affect: Marinol
(Dronabinol, THC)
Cocaine Analysis
Drugs that may affect: Cocaine HCI
topical solution (Roxanne)
Phencyclidine Analysis
Drugs that may affect: Not legal by
prescription
Methaqualone Analysis
Drugs that may affect: Not legal by
prescription
Opiates Analysis
Drugs that
may affect: Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with
Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC,
Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), M-S Contin
and Roxanol (morphine sulfate), Percodan, Vicodin, etc.
Barbiturates Analysis
Drugs that
may affect: Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate,
Florinal, Floricet, Esgic, Butisol, Mebaral, Butabital, Butabarbital,
Phrenilin, Trian, etc.
Benzodiazepines Analysis
Drugs that
may affect: Ativan, Axene, Clonopin, Dalmane, Diazopam, Librium, Serax,
Tranzene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax, etc.
Methadone Analysis
Drugs that may affect: Dolophine,
Methadose
Propoxphene Analysis
Drugs that may affect: Darvocet, Darvon
N, Doline, etc.
------------------------------------------------------
APPENDIX B
DRUGS FOR WHICH THE DISTRICT MAY TEST
As noted in
the above policy statement, the District may test for any of the following drugs:
alcohol, including a distilled spirit, wine, a malt beverage, or an
intoxicating liquor; amphetamines; cannabinoids; cocaine; phencyclidine (PCP);
hallucinogens; methaqualone; opiates or narcotics; barbiturates;
benzodiazepine; synthetic narcotics; designer drugs; or a metabolite of any of
these substances.
More detail
on some of these tests is provided below, based on Rule 59A-24.006(4) of the
Agency for Health Care Administration (subject to change if the Rule is
revised):
A. Initial Test. Levels
on initially screened urine specimens which are equal to or exceed the
following will be considered presumptively positive and should be submitted for
confirmation testing (subject to change if Fla. Admin. Code r. 59A-24.006 is
revised):
|
Alcohol |
0.04 g/dL |
|
Amphetamines |
1,000 ng/mL |
|
Cannabinoids
(11-nor-Delta-9- tetrahydrocannabinol-9-carboxylic acid) |
50 ng/mL |
|
Cocaine
(benzoylecgonine) |
300 ng/mL |
|
Phencyclidine |
25 ng/mL |
|
Methaqualone |
300 ng/mL |
|
Opiates |
2,000 ng/mL |
|
Barbiturates |
300 ng/mL |
|
Benzodiazepines |
300 ng/mL |
|
Methadone |
300 ng/mL |
|
Propoxyphene |
300 ng/mL |
2. Levels which exceed the following for hair specimens will be considered
presumptively positive on initial screening and submitted for confirmation
testing (subject to change if Fla. Admin. Code r. 59A-24.006 is revised):
|
Marijuana |
10 pg/10 mg of
hair |
|
Cocaine |
5 ng/10 mg of
hair |
|
Opiate/synthetic
narcotics and metabolites |
5 ng/10 mg of
hair |
|
Phencyclidine |
3 ng/10 mg of
hair |
|
Amphetamines |
5 ng/10 mg of
hair |
B. Confirmation Test. All specimens
identified as presumptively positive on the initial test will be confirmed by quantitative
analysis.
1. Levels on confirmation testing for urine specimens which are
equal to or exceed the following will be reported as positive (subject to
change if Fla. Admin. Code r. 59A-24.006 is revised):
|
Amphetamines (amphetamine,
methamphetamine) |
500 ng/mL |
|
Cannabinoids
(11-nor-Delta-9- tetrahydrocannabinol-9-carboxylic acid) |
15 ng/mL |
|
Cocaine
(benzoylecgonine) |
150 ng/mL |
|
Phencyclidine |
25 ng/mL |
|
Methaqualone |
150 ng/mL |
|
Opiates |
|
|
Codeine |
2000 ng/mL |
|
Morphine |
2000 ng/mL |
|
6-Acetylmorphine2 |
10 ng/mL |
|
Barbiturates |
150 ng/mL |
|
Benzodiazepines |
150 ng/mL |
|
Methadone |
150 ng/mL |
|
Propoxyphene |
150 ng/mL |
2. Levels for hair specimens on confirmation testing which are
equal to or exceed the following will be reported as positive (subject to
change if Fla. Admin. Code r. 59A-24.006 is revised):
|
Marijuana
Metabolites |
1 pg/10 mg of
hair |
|
Cocaine |
5 ng/10 mg of
hair |
|
Opiate/synthetic
narcotics and metabolites |
5 ng/10 mg of
hair |
|
Phencyclidine |
3 ng/10 mg of
hair |
|
Amphetamines |
5 ng/10 mg of
hair |