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adb_drug-free_workplace [2019/11/20 18:11]
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-**Drug-Free Workplace ​POLICY: ADB\\ +**Policy ADB\\ 
-School Board Approved: ​September 122016**\\+Drug-Free Workplace\\ 
 +School Board Approved: ​June 192023**\\
  
-The School ​District ​will provide a drug-free ​workplace in accordance with the Drug-Free Schools ​and Communities Act of 1988 and Amendments of 1989 (41 USC Section 701 Et. Seq.). In compliance with statutory requirements,​ the District will: \\+**Drug-Free Workplace**\\ 
 +All District ​workplaces are drug- and alcohol-free. All employees ​and contracted personnel are prohibited from:\\
  
-1. Notify all employeesin writingthat the unlawful manufacturedistributiondispensationpossession, or use of illicit drugs and alcohol ​is prohibited ​in the District’s ​workplace ​and that any violation is subject to disciplinary action. Notification will be accomplished by distribution of this policy to all employees. \\+  * Unlawfully manufacturingdispensingdistributing,​ possessing, using, or being under the influence of any controlled substance or drug while on or in the workplaceincluding employees possessing a "​medical marijuana"​ card. 
 +  * Distributingconsumingusing, possessing, or being under the influence ​of alcohol ​while on or in the workplace.\\
  
-2. Provide ​a drug-free awareness program to inform employees about: \\ +For purposes of this policy, ​"​controlled substance or drug" means and includes any controlled substance or drug defined ​in the Controlled Substances Act, 21 U.S.C. § 812(c), or New Hampshire Controlled Drug Act RSA 318-B. 
-  - The dangers of illicit drugs in the workplace; \\ +For purposes of this policy, "​workplace"​ shall mean the site for the performance ​of work, and will include at minimum any District building or grounds owned or operated by the District, any school-owned vehicle, and any other school-approved vehicle used to transport students to and from school or school activities. It shall also include 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,​ care or control of the District.\\
-  ​The District’s ​policy of maintaining ​drug-free workplace; \\ +
-  ​The penalty/​penalties that may be imposed on employees for drug and alcohol violations occurring in the workplace. \\+
  
-3. Notify employees that, as a condition of employment ​in the District, they will agree to and abide by the terms of the policy, and will notify the District of any drug statute conviction resulting from workplace conduct within five days of conviction. ​\\+As a condition of employment, ​each employee ​and all contracted personnel ​will:\\
  
-4. Establish ​the following as grounds ​of disciplinary action: ​\\+  * Abide by the terms of this policy respecting a drug- and alcohol-free workplace, including any administrative rules, regulations or procedures implementing this policy. 
 +  * Notify his or her supervisor of his or her conviction under any criminal drug statute, for a violation occurring on District premises or while performing work for the District, no later than five (5) days after such conviction.\\
  
-  - Working under the influence ​of alcohol ​or illegal drugsno matter where consumed. \\ +In order to make employees aware of dangers of drug and alcohol ​abusethe District will 
-  - Having an unsealed container of alcohol or consuming alcohol on school property. (Any employee who finds any type of container of alcohol on school property should report it to the administration as soon as possible.) \\ +endeavor ​to:\\
-  - Possessing or distributing controlled substances on school property. \\ +
-  - Consuming, possessing, or distributing alcohol or illegal drugs at official* School functions not on school property. \\ +
-5. Alert the local law enforcement agency of suspected violations of the policy. ​\\+
  
-6. Take any of the following disciplinary actions (either alone or in combination) regarding an employee ​who is in violation ​of the policy: \\ +  * Provide each employee ​with a copy of the District drug- and alcohol-free workplace ​policy. 
-  -   Suspension \\ +  ​* Post notice of the District drugand alcohol-free workplace policy in a place where other information for employees is posted. 
-  ​  Termination \\ +  ​* Establish ​a drug-free awareness ​program ​to educate employees about the dangers of drug abuse and drug use in the work place, the specifics of this policy, including, the consequences ​for violating the policyand any information about available drug and alcohol counseling, rehabilitation,​ reentry, or other employee-assistance programs.\\
-  ​-  Satisfactory participation in a drug abuse assistance or rehabilitation ​program ​approved ​for such purposes by a federalstate or local health or law enforcement, or other appropriate agency. \\+
  
-7. Make a good faith effort ​to continue ​to maintain a drug-free workplace through implementation ​of all the provisions of this policyIn so doing, the District will conduct a biennial review of its programs ​to determine their effectiveness and to ensure that the disciplinary sanctions are consistently enforced and changes are implementedif needed. \\+**District Action Upon Violation of Policy**\\ 
 +An employee who violates this policy may be subject ​to disciplinary action; up to and including termination ​of employmentAlternatively, the Board may require an employee ​to successfully complete an appropriate drug- or alcohol-abuseemployee-assistance rehabilitation program.\\
  
 +The Board will take disciplinary action with respect to an employee convicted of a drug offense in the workplace, within thirty (30) days of receiving notice of a conviction. Should District employees or contracted personnel be engaged in the performance of work under a federal contract or grant, or under a state contract or grant, the Superintendent will notify the appropriate state or federal agency from which the District receives contract or grant moneys of an employee/​contracted personnel'​s conviction, within ten (10) days after receiving notice of the conviction.\\
  
-* An official School function is defined as one which is authorized and conducted by the School with School officials present, ​in chargeand on dutysuch asbut not limited ​to: \\ +The processes for disciplinary action shall be those provided generally to other misconduct for the employee/​contractor personnel as may be found in applicable collective bargaining agreementsindividual contractsSchool Board policiescontractor agreements, and or governing law. Disciplinary action should be applied consistently and fairly with respect ​to employees of the District and/or contractor personnel as the case may be.\\
-  - Interscholastic athletic contests \\ +
-  - Field Trips \\ +
-  - School dances ​\\+
  
 +**Drug-Free School Zone**\\
 +Pursuant to New Hampshire'​s "​Drug-Free School Zone" law (RSA Chapter 193-B), it is unlawful for any person to manufacture,​ sell prescribe administer, dispense, or possess with intent to sell, dispense or compound any controlled drug or its analog, within a "​drug-free school zone". The Superintendent is directed to assure that the District is and remains in compliance with the requirements of RSA 193-B, I, and N.H. Ed. Part 316 with respect to establishment,​ mapping and signage of the drug-free zone around each school of the District.\\
  
-**Legal References** +Notwithstanding above paragraphthe board grants an exception to allow for a Syringe Service Program within the boundaries of the Drug-Free ​Zone of the _________ [name of particular ​School], and as requested by ___________________________ [name of organization],​ a syringe service program administrator/​operator as that terms is used in RSA 318-B:​43 ​and 45.\\
-RSA 193-B, Drug-Free School ​Zones  +
-41 U.S.C. Section 701 et. seq. Drug-Free Schools ​and Communities Act of 1988 and Amendments of 1989  +
-NH Code of Administrative Rules, Section Ed316, Procedure to Mark Drug-Free School Zones +
  
-{{ :​adb_drug-free_workplace.pdf |Download}}\\+**Implementation and Review**\\ 
 +The Superintendent is directed to promulgate administrative procedures and rules necessary and appropriate to implement the provisions of this policy.\\ 
 + 
 +In order to maintain a drug-free workplace, the Superintendent will perform a biennial review of the implementation of this policy. The review shall be designed to (i) determine and assure compliance with the notification requirements of section A.5.a, b and d; (ii) determine the effectiveness of programs established under paragraph A.5.c above; (iii) ensure that disciplinary sanctions are consistently and fairly enforced; and (iv) and identify any changes required, if any.\\ 
 + 
 +**Legal References:​**\\ 
 +//41 U.S.C. §101, et. Seq. - Drug-free workplace requirements for Federal contractors,​ and Federal grant recipients\\ 
 +RSA Chapter 193-B Drug Free School Zones\\ 
 +N.H. Admin. Code, Ed. Part 316// 
 + 
 + 
 +{{:​adb_drug-free_workplace.pdf |Download}}\\
 [[section_a|Section A]]\\ [[section_a|Section A]]\\
 [[start|Policy Manual]] [[start|Policy Manual]]
adb_drug-free_workplace.1574269875.txt.gz · Last modified: 2019/11/20 18:11 by sau47