Alcohol, Drugs and Controlled Substances Testing for Employees

Purpose:

The Lake Washington School District (“District”) believes that substance abuse seriously endangers the health and safety of students and employees. The District has therefore established this policy to detect the use and/or influence of alcohol, drugs, or other controlled substances by employees while performing their official duties and responsibilities. The District is committed to preventing the use and/or presence of these substances in the workplace in compliance with the Drug Free School Community and Workplace 5201, procedure P5201, and federal statutes. This policy will be used by the District to assist in determining if employees are under the influence of alcohol, drugs or controlled substances at the workplace or offsite while performing their official duties and responsibilities. “Under the influence” is a condition where an employee’s sensory functions or job related capabilities are affected, impaired or diminished and may be exhibited through various behaviors including but not limited to slurred speech, difficulty walking or standing, red eyes, the odor of alcohol, etc. 

Prohibited Alcohol, Drug and Controlled Substance-Related Conduct:

It is a violation of  District policy for any employee to use, possess or be under the influence of alcohol, drugs or a controlled substance as defined in Schedules I through V of Section 202 of the Controlled Substance Act 1(21 U.S.C. 812) and as further defined by regulation at 21 CFR 1300.11 through 1300.15, in the workplace and/or while performing their official duties and responsibilities while offsite. 

Although this procedural directive refers specifically to alcohol, drugs and controlled substances, it is intended to apply to all forms of substance abuse, including the misuse of legally prescribed drugs in the workplace. “Misuse” of prescription drugs means taking a medication in a manner or dose other than prescribed; taking someone else’s prescription, even if for a legitimate medical complaint such as pain; or taking a medication to feel euphoria (i.e., to get high).

“Workplace” is defined to include: (1) any school building or any school premises; (2) any school-owned vehicle, white fleet vehicles, employee personal vehicles if travelling between two District job sites, or any other school-approved vehicle used to transport students to and from school or school activities; or (3) off school property during any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the District.

The Superintendent or Designee will develop procedures related to Policy 5205: Alcohol, Drugs and Controlled Substances Testing for Employees.

Adopted:
06/01/20

LEGAL REFS.:
41 U.S.C. § 8103 Drug Free Workplace Requirements for Federal Grant Recipients 
21 U.S.C. §812, Controlled Substance Act 
21 CFR 1300.11-1300.15, Section 112, Ch. 271, Laws of 1989, Crimes and Penalties - Drug offenses within 1000 feet of school - Double fine or imprisonment 
20 U.S.C. § 7101-7118 Safe and Drug-Free Schools and Communities Act
RCW 69.50.435 Violations committed in or on certain public places or facilities 

CROSS REF.: