The Pocahontas County Board of Education is concerned about the health and safety of all board of education employees and recognizes the need to provide a high quality work environment. The use of alcohol and/or illegal drugs
is a health and safety hazard and inhibits productivity. Therefore, the Pocahontas County Board of Education shall assure full compliance with all regulations that define a drug-free workplace.
The unlawful manufacture, distribution, dispensing, possession or use of alcohol and/or a controlled substance is prohibited in the workplace. Additionally,
no employee shall report for work on any Pocahontas County Board of Education project. whether on-site or in the field, while under the influence of alcohol and/or an illegal drug.
REGULATIONS FOR IMPLEMENTATION
The United States Drug-Free Workplace Act of 1988 (P.L. 100-690), requires that all state agencies receiving direct funds from the federal government provide a drug-free workplace. The agency must provide a drug awareness program for all employees. All employees must sign the Drug-Free Workplace Verification Statement which indicates that they have seen and will abide by the Drug-Free Workplace Policy. Compliance is mandatory.
The Drug-Free Workplace Policy will enable the Pocahontas County Board of Education to maintain a work environment free of alcohol and/or illegal drugs. Also, it will provide a drug awareness program which will inform employees of the harmful effects of alcohol and illegal drugs.
Alcohol: Alcoholic beverages and any other intoxicating liquid which contains alcohol.
Contractor: Any department, division, unit or any person responsible for the performance of work under a contract.
Controlled Substance: A federally regulated substance listed in Exhibit A and/or Schedule I through V of Section 202 of, the Controlled Substance Act (21 U.S.C. 812) and West Virginia Code 560A-2-201, et seq., (which may be amended from time to time), when taken into the body, may impair one’s mental faculties and/or physical performance.
Conviction: A finding of guilty (including a plea of nolo contendere) or the imposition of a sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State Criminal Drug Statutes.
Criminal Drug Statute: A criminal statue involving the manufacture, distribution, dispensation, use or possession of any controlled substance.
Drug-Free Workplace: A worksite where work is performed in connection with the employee’s Pocahontas County Board of Education employment. The workplace shall include facilities, property, buildings, offices, structures, automobiles, trucks, trailers, other vehicles and parking areas, whether owned or leased by the agency Or entity.
Employee: Any person who works full-time, part-time or under contract, including management or temporary staff who are directly engaged in the performance of work pursuant to the mission of the Pocahontas County Board of Education.
Federal Agency: An agency as that term is defined in Section 552 (f) of Title IV, United States Code.
Grantee: Any department, division, unit or any person responsible for the performance of work under the provisions of a federal grant.
Illegal Drug: Any drug which is not legally obtainable and is being used in a manner or for a purpose other than as prescribed.
Legal Drug: Prescribed drugs and over-the-counter drugs which have been legally obtained and are being used solely for the purpose for which they were manufactured or as prescribed by a physician.
The Pocahontas County Board of Education will continuously work to maintain a Drug-free workplace. This policy’s primary goal is to insure that alcohol and illegal drug and/or controlled substance use is eliminated in the workplace and that the workplace is safe, healthful, productive and secure for its employees and students. All employees of Pocahontas County Board of Education shall abide by the Drug-Free Workplace Act of 1988, which states that its workplaces are free of illegal drugs and controlled substances by prohibiting the unlawful manufacture, distribution, possession or use, without medical authorization, of alcohol and/or illegal or controlled substances; the reporting to work under the influence of alcohol or a nomadically prescribed controlled substance; or possession of nomadically prescribed paraphernalia.
The policy is applicable while employees are engaged in any work-related activity which includes performance of agency business during regularly scheduled work days, meal breaks and/or occasions having a connection with the job or the agency.
The employee shall notify his/her supervisor of any criminal drug statute conviction for a violation occurring in the workplace, no later than five (5) days after such conviction. All employees shall sign the “Drug-Free Workplace Verification Statement. II Compliance with this policy is mandatory.
It shall be the responsibility of the Pocahontas County Board of Education to establish a drug awareness program for all employees to provide information on the following:
– The Employee Referral Program;
– The dangers of drug-abuse in the workplace
– The establishment and maintenance of a drug-free
– The penalties for workplace drug-abuse;
– Available drug-free literature.
The Pocahontas County Board of Education will take appropriate personnel action in accordance with the disciplinary procedure outlined in the Pocahontas County Board of Education Policy Manual Policy GBK. This policy states that, “… the board has the right to suspend or dismiss any person in its employment at any time for: immorality, incompetency, cruelty, insubordination, intemperance, willful neglect of duty, reporting to work-as identified by job performance-under the influence of alcohol, narcotics or other illegal controlled substances, or distribution of illicit drugs or alcohol by employees on school premises, unsatisfactory performance, the conviction of a felony or a guilty plea or a plea of nolo contendere to a felony charge. A charge of unsatisfactory performance shall not be made except as the result of an employee performance evaluation pursuant to section twelve of this article. The charges shall be stated in writing served upon the employee within two days of presentation of said charges to the board. The employee so affected shall be given an opportunity, within five days of receiving such written notice, to request, in writing, a level four hearing and appeals pursuant to provisions of article twenty-nine, chapter eighteen of the code of West Virginia, except that dismissal for the conviction of a felony or guilty plea or plea of nolo contendere to a felony charge is not by itself a grievable dismissal. An employee charged with commission of felony may be reassigned to duties which do not involve direct interaction with pupils pending final disposition of the charges.” Employees may be required to satisfactorily participate in an alcohol and/or drug abuse assistance or rehabilitation program. Rehabilitation will be provided according to the guidelines of the Public Employees Insurance Agency.
State or county agencies who are contractors or grantees of federal contracts or grants amounting to at least $25,000 are subject to suspension of payments and termination of the contract or grant for violations of any of the requirements of a drug-free workplace if they make a false initial certification, or if the number of drug-related convictions of employees indicates that the employer hasn’t made a good faith effort to maintain a drug-free workplace.
Adopted: August, 1991 Revised: February, 1993
Reference: United States Drug-Free Workplace Act of 1988 (P.L. 100-690); 18A-2-8; 18A-2-12; 18-29-1 through 18-29-9
POCAHONTAS COUNTY BOARD OF EDUCATION DRUG-FREE WORKPLACE VERIFICATION STATEMENT
Social Security Number:_____________________________________________________________
Date Employed by Pocahontas County Board of Education:_________________________________
As an employee of the Pocahontas County Board of Education, I agree to abide by the Drug-Free Workplace Policy which states that the unlawful manufacture, distribution; dispensing, possession or use of a controlled substance (including alcohol) is prohibited in the workplace. The workplace shall be defined as the buildings and vehicles (personal and county-owned) used for conducting the business of the Pocahontas County Board of Education. As an employee, I shall not report for work, whether on-site or in the field, under the influence of an illegal drug or alcohol.
Revised: August, 1991