Circumstances for Testing for Alcohol, Drugs or Controlled Substances:
The District shall utilize alcohol, drugs and controlled substances testing for employees under the following circumstances:
Reasonable Suspicion Testing: Employees shall be tested based upon a finding of “reasonable suspicion” by an administrator. For purposes of this policy, “reasonable suspicion” may be found where an administrator detects that an employee is under the influence of alcohol, drugs or controlled substances and/or has made observations regarding an employee that are specific, contemporaneous, articulable, and relate to the employee’s appearance, work performance, physical behavior, speech, and/or body odor. The observations relating to the alcohol, drugs and controlled substances testing must be made during, just preceding, or just after the period of the work day.
To aid in the documentation of reasonable suspicion, the administrator shall complete an “Alcohol, Drug & Controlled Substances Reasonable Suspicion Checklist for Testing Employees,” (5205F) a copy of which is attached to this procedure. The checklist is an aid for administrators to use in documenting their observations. Therefore, only one of the checklist indicators may be sufficient to establish reasonable suspicion. The completed checklist shall be signed by the administrator. Once an administrator has completed the checklist and has determined that there is reasonable suspicion to test an employee, the administrator shall make his/her best efforts to obtain a second opinion. The administrator shall contact the Director of Human Resources or his/her Designee or a Level Director or fellow building administrator for the purposes of obtaining a second opinion on the determination of “reasonable suspicion” to test an employee. As time is of the essence in these situations, the administrator is required to use his/her best efforts to try and obtain a second opinion. However, if the administrator cannot obtain a second opinion in a reasonable amount of time, he/she may still send the employee for testing. The intent of this language is for the administrator to obtain a second opinion regarding the determination of reasonable suspicion, but a second opinion is not required under the policy if no one is available within a reasonable time period. Additionally, to be clear, the person providing the second opinion does not have to actually physically see and/or observe the employee in question, but can simply offer a second opinion based upon the first administrator’s description of the “reasonable suspicion” he or she developed through the use of the checklist.
If the administrator has reasonable suspicion, then the employee will be subject to alcohol, drugs and controlled substances screening.
All administrators are designated to determine if reasonable suspicion exists that an employee is under the influence of alcohol, drugs or controlled substances and must participate in District directed training. The training shall cover the physical, behavioral, speech and performance indicators of probable alcohol use, or drug and/or controlled substances use or misuse.
For purposes of this procedural directive, “refusal to submit to testing” will constitute a violation of this procedural directive and the employee shall be sent home by third party transportation arranged by the employee or the District and could be immediately placed on paid administrative leave. The following behavior constitutes a refusal:
- Refusal to submit to a test;
- Inability to provide sufficient quantities of breath and/or urine (whichever is required) to be tested without a valid medical explanation;
- Tampering with, diluting or attempting to adulterate the specimen or collection procedure;
- Not reporting to the collection site in the time allotted by the administrator;
- Submitting samples from individuals other than their own; and
- Attempting to influence the collection/processing staff.
If there is a determination that testing is required under one of the applicable circumstances, no discipline shall be imposed in the absence of a positive alcohol, drugs or controlled substances test showing the presence of alcohol, drugs or controlled substances in the employee’s system. The District will use the testing facility’s standard protocol regarding the number of tests given to employee and determination of a “positive” test result. The District contracts with a certified, outside, independent testing laboratory for alcohol, drugs or controlled substances testing. If the District decides to pursue a confirmatory test, the District shall adhere to the following procedure:
- The employee shall be given a copy of this alcohol, drugs or controlled substances testing policy;
- The employee will be asked to immediately go to the testing facility to submit a breath and/or urine specimen at the contracted specimen collection or testing site. The testing/collection facility’s standard testing protocol will be followed;
- The employee shall be notified that he/she has the right to refuse to undergo alcohol, drugs and controlled substances testing. If the employee refuses to undergo alcohol, drugs or controlled substances testing, no test will be administered, and the employee shall be advised that a refusal constitutes a violation of this policy and can constitute grounds for employee discipline up to and including termination;
- An administrator shall transport and accompany the employee to the local testing/collection site immediately following the determination that testing is required under the circumstances;
- Following any testing, the employee shall return home and could be immediately placed on paid administrative leave pending results of the alcohol, drugs or controlled substances laboratory test. Transport from the testing/collection site to home shall be from a relative or friend of the employee or, if no one is available, transport home may be conducted through a commercial taxi company or ride share service. The District will be responsible to cover the expense of the taxi or ride share service;
- The employee shall be given a copy of the alcohol, drugs and controlled substances test results; and
- A copy of the results of a positive alcohol, drugs and controlled substances test shall be placed in the employee’s confidential personnel file and available for review under the procedures prescribed by District policy. A copy of the completed Alcohol, Drug & Controlled Substances Reasonable Suspicion Checklist for Testing Employees will be placed in the employee’s confidential personnel file if the employee tests positive for alcohol, drugs or controlled substances. Negative or inconclusive alcohol, drugs and controlled substances test results shall not be retained in the personnel file but given to the employee upon request of the same and the District’s copy destroyed. The copy of the Alcohol, Drug & Controlled Substances Reasonable Suspicion Checklist for Testing Employees will be destroyed if an employee tests negative or inconclusive for alcohol, drugs or controlled substances. The District will strictly adhere to the State of Washington Public Records Act and/or any other applicable statute if employee records related to this process are requested.
Alcohol, Drug and Controlled Substances Testing Results:
- If the test results are negative, the employee may be reinstated back to work the following day, unless the administrator and/or District believe that other grounds for discipline exist based on their interactions or observations which require the employee to be placed on administrative leave.
- If the test results are positive, the employee may be disciplined, up to and including termination in accordance with the provisions of District policy, Collective Bargaining Agreements and/or state law.