Common use of Policy Statement - Employee Physical Examinations/Screening/Health Services Clause in Contracts

Policy Statement - Employee Physical Examinations/Screening/Health Services. In order to establish and support a clear standard of conduct for employees, M-DCPS adheres to the following provisions: a. Drug screening will be included in all physical examinations required under existing labor contracts, statutes, and Board Rules. b. Circumstances under which testing may be considered include, but are not limited to, the following: (1) observed use of illegal drugs and/or abuse of alcohol during work hours; (2) apparent physical state of impairment of motor functions; (3) marked changes in personal behavior on the job not attributable to other factors; and, (4) employee involvement in serious or repetitive accidents on the job causing personal injury to self or others and/or significant property damage. c. Drug and/or alcohol screening shall be conducted by Board-approved, independent, certified laboratories utilizing recognized techniques and procedures, as described in the M-DCPS "Drug-Free Work Place Technical Guide", which is incorporated by reference into this Contract, and made a part thereof. The protocol for drug screening shall include a split sample and chemical immunoassay screening procedure. In the event initial test results are screened positive, such results will be confirmed and verified by the Gas Chromatography/Mass Spectrometry (GC/MS) test. d. Medical records and information relating directly thereto will be maintained in strict confidentiality. Any laboratory contract shall provide that the contractor's records are to be kept confidential under provisions of Florida law. M-DCPS shall establish a system of maintaining records to include both the district's and the contractor's record of applicant and employee urinalysis and blood alcohol results. The contract and the record maintenance system must have specific provisions that require that employee records are maintained and used with the highest regard for employee privacy, consistent with Florida's Public Records Act, and the purpose of achieving and maintaining a drug-free work place. e. M-DCPS recognizes that chemical dependency is an illness that can be successfully treated. It is the policy of Miami-Dade County Public Schools, where possible, to seek rehabilitation of employees with a self- admitted or detected drug problem. Disciplinary action may be instituted against employees who the Board believes will not be assisted by rehabilitation or who have negatively impacted students and/or staff. Employees who have previously been referred for assistance or employees unwilling or unable to rehabilitate may be subject to appropriate action, pursuant to Board Policy, applicable Florida Statutes, State Board of Education Rules, and applicable provisions of collective bargaining agreements. The Union and the Board agree that assistance will be provided to such employees through the establishment of an Employee Assistance Program. The Employee Assistance Program is intended to help employees and their families who are suffering from such persistent problems as may tend to jeopardize an employee's health and continued employment. The program goal is to help individuals who develop such problems by providing for consultation, treatment, and rehabilitation to prevent their condition from progressing to a degree which will prevent them from working effectively. Appropriate measures will be taken to ensure the confidentiality of records for any person admitted to the program, according to established personnel guidelines and federal regulations. The Guidelines for the Employee Assistance Program, by reference, are made as a part of this Contract.