4020 - Drug and Alcohol-Free Workplace

San Bernardino County Superintendent of Schools believes that the maintenance of drug and alcohol-free work places is essential to school and office operations.

No employee shall unlawfully manufacture, distribute, dispense, possess, use or be under the influence of any alcoholic beverage, drug or controlled substance as defined in the Controlled Substances Act and Code of Federal Regulations before, during or after school or office hours at school or in any other County Office work place.

San Bernardino County Superintendent of Schools or designee shall:

1. Publish and give to each employee a notification of the above prohibitions. The notification shall specify the actions that will be taken against employees who violate these prohibitions. The notification shall also state that as a condition of employment, the employee will abide by the terms of this policy and notify the employer, within five days, of any criminal drug or alcohol statute conviction which he/she receives for a violation occurring in the work place. For the purpose of this policy, “conviction” shall mean a finding of guilt, including a plea of nolo contendere, or imposition of sentence, or both, by a judicial body charged to determine violations of federal or state criminal drug or alcohol statutes.

2. Establish a drug and alcohol-free awareness program to inform employees about:

a. The dangers of drug and alcohol abuse in the work place.

b. The Office policy of maintaining drug and alcohol-free work places.

c. Any available drug and alcohol counseling, rehabilitation, and employee assistance programs

d. The penalties that may be imposed on employees for drug and alcohol abuse violations.

3. Notify the appropriate federal granting or contracting agencies within ten days after receiving notification, from an employee or otherwise, of any conviction for a violation occurring in the work place.

4. Initiate disciplinary action within 30 days after receiving notice of a conviction of a violation in the work place from an employee or otherwise. Such action shall be consistent with state and federal law, the appropriate employment contract, the applicable collective bargaining agreement, and County Office policies and procedures.

5. Make a good faith effort to continue maintaining a drug and alcohol-free work place through implementation of office policy.

In taking disciplinary action, San Bernardino County Superintendent of Schools shall require termination when termination is required by law. When termination is not required by law, San Bernardino County Superintendent of Schools shall either take disciplinary action, up to and including termination, or shall require the employee to satisfactorily participate and complete a drug assistance or rehabilitation program approved by a federal, state or local health, law enforcement or other appropriate agency. San Bernardino County Superintendent of Schools’ decision shall be made in accordance with relevant state and federal laws, employment contracts, collective bargaining agreements, and San Bernardino County Superintendent of Schools’ Policies and Procedures.

Approved: September 15, 1994