Common use of Drug Testing and Substance Abuse Clause in Contracts

Drug Testing and Substance Abuse. 1. Statement of Purpose The use of illegal drugs, on or off duty, by USD 500 teachers is inconsistent both with the duty of all citizens to abide by the law and with the duty of care expected of teachers who drive USD 500 vehicles. Maintaining a drug free work place is important in establishing an appropriate learning environment for the students of the district. The unlawful manufacture, distribution, sale, dispensing, possession or use of a controlled substance, illicit drugs and alcohol by school professional employees at school, on or while utilizing school property, or at school sponsored activities or events is prohibited. This article is required by the Drug-Free Workplace Act of 1988 and by the 1989 amendments to the Drug-Free Schools and Communities Act, P.L. 102-226, 103 St. 1928. Teachers are further prohibited from reporting to or remaining on duty while impaired by controlled substances and/or alcohol. Violation of this prohibition shall result in appropriate disciplinary action up to and including termination and referral for prosecution. While a function of schools in a democratic society is to xxxxxx adherence to constitutional rights, USD 500 believes that its adherence to the constitutional rights of employees must be measured against its interest in regulating certain conduct of employees performing said functions to ensure the safety of the traveling public, other employees and students. Toward this end, USD No. 500 has engaged in careful analysis and has determined that its interest presents special needs beyond normal law enforcement which justify adopting a physical examination procedure designed to identify improper drug and alcohol use. The procedure selected and which is hereby implemented includes testing blood, breath, and urine as well as utilizing other diagnostic tests designed to detect alcohol and/or drugs (or drug metabolites). The inherent difficulty in detecting drug abuse, coupled with the safety concerns such use poses to the public and our students mandates the implementation of a detection procedure designed to identify improper drug and alcohol use. This procedure should include, among other things, breath, blood and urinalysis testing. Furthermore, any such procedure should be targeted toward those individuals performing “safety sensitive functions” as defined below. Our goal, therefore, and the purpose of this policy is to establish and maintain a safe workplace and a healthy and efficient workforce free from the effects of drug and alcohol abuse.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Employment Agreement, Employment Agreement

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Drug Testing and Substance Abuse. 1. Statement of Purpose The use of illegal drugs, on or off duty, by USD 500 teachers who perform safety sensitive functions is inconsistent both with the duty of all citizens to abide by the law and with the duty of care expected of teachers who drive USD 500 vehicles. Maintaining a drug free work place is important in establishing an appropriate learning environment for the students of the district. The unlawful manufacture, distribution, sale, dispensing, possession or use of a controlled substance, illicit drugs and alcohol by school professional employees at school, on or while utilizing school property, or at school sponsored activities or events is prohibited. This article is required by the Drug-Free Workplace Act of 1988 and by the 1989 amendments to the Drug-Free Schools and Communities Act, P.L. 102-226, 103 St. 1928. Teachers are further prohibited from reporting to or remaining on duty while impaired by controlled substances and/or alcohol. Violation of this prohibition shall result in appropriate disciplinary action up to and including termination and referral for prosecution. While a function of schools in a democratic society is to xxxxxx adherence to constitutional rights, USD 500 believes that its adherence to the constitutional rights of employees performing safety sensitive functions must be measured against its interest in regulating certain conduct of employees performing said functions to ensure the safety of the traveling public, other employees and students. Toward this end, USD No. 500 has engaged in careful analysis and has determined that its interest presents special needs beyond normal law enforcement which justify adopting a physical examination procedure designed to identify improper drug and alcohol use. The procedure selected and which is hereby implemented includes testing blood, breath, and urine as well as utilizing other diagnostic tests designed to detect alcohol and/or drugs (or drug metabolites). The inherent difficulty in detecting drug abuse, coupled with the safety concerns such use poses to the public and our students when such abuse is committed by employees performing safety sensitive functions, mandates the implementation of a detection procedure designed to identify improper drug and alcohol use. This procedure should include, among other things, breath, blood and urinalysis testing. Furthermore, any such procedure should be targeted toward those individuals performing "safety sensitive functions” as defined below. Our goal, therefore, and the purpose of this policy is to establish and maintain a safe workplace and a healthy and efficient workforce free from the effects of drug and alcohol abuse. The examination and detection procedures described herein are not intended to be punitive in nature. Reports of physical examination which disclose improper drug and alcohol use will not be voluntarily submitted for use in criminal prosecutions.

Appears in 3 contracts

Samples: Employment Agreement, Employment Agreement, Collective Bargaining Agreement

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Drug Testing and Substance Abuse. 1. Statement of Purpose The use of illegal drugs, on or off duty, by USD U.S.D. No. 500 teachers who perform safety sensitive functions is inconsistent both with the duty of all citizens to abide by the law and with the duty of care expected of teachers who drive USD 500 vehicles. Maintaining a drug free work place is important in establishing an appropriate learning environment for the students of the district. The unlawful manufacture, distribution, sale, dispensing, possession or use of a controlled substance, illicit drugs and alcohol by school professional employees at school, on or while utilizing school property, or at school sponsored activities or events is prohibited. This article is required by the Drug-Free Workplace Act of 1988 and by the 1989 amendments to the Drug-Free Schools and Communities Act, P.L. 102-226, 103 St. 1928. Teachers are further prohibited from reporting to or remaining on duty while impaired by controlled substances and/or alcohol. Violation of this prohibition shall result in appropriate disciplinary action up to and including termination and referral for prosecution. While a function of schools in a democratic society is to xxxxxx adherence to constitutional rights, USD U.S.D. No. 500 believes that its adherence to the constitutional rights of employees performing safety sensitive functions must be measured against its interest in regulating certain conduct of employees performing said functions to ensure the safety of the traveling public, other employees and students. Toward this end, USD U.S.D. No. 500 has engaged in careful analysis and has determined that its interest presents special needs beyond normal law enforcement which justify adopting a physical examination procedure designed to identify improper drug and alcohol use. The procedure selected and which is hereby implemented includes testing blood, breath, and urine as well as utilizing other diagnostic tests designed to detect alcohol and/or drugs (or drug metabolites). The inherent difficulty in detecting drug abuse, coupled with the safety concerns such use poses to the public and our students when such abuse is committed by employees performing safety sensitive functions, mandates the implementation of a detection procedure designed to identify improper drug and alcohol use. This procedure should include, among other things, breath, blood and urinalysis testing. Furthermore, any such procedure should be targeted toward those individuals performing "safety sensitive functions" as defined below. Our goal, therefore, and the purpose of this policy is to establish and maintain a safe workplace and a healthy and efficient workforce free from the effects of drug and alcohol abuse. The examination and detection procedures described herein are not intended to be punitive in nature. Reports of physical examination which disclose improper drug and alcohol use will not be voluntarily submitted for use in criminal prosecutions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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