Policy 4221 – Alcohol and Drug-Free Workplace

The district recognizes alcohol and other drug use/abuse as a potential health, safety and security problem, and it is the district’s intent and obligation to provide an alcohol and drug-free, healthy, safe and secure work environment. Therefore, the unlawful manufacture, distribution, dispensation, possession or use of alcohol and/or controlled substances or consuming intoxicating beverages on district premises or while conducting district business off premises is absolutely prohibited by the district (district business is defined as representing the district in an official capacity). As such, employees are prohibited from reporting to work with alcohol or non-prescription controlled substance in their system, unless they are able to provide documentation that such substances are needed due to their own medical condition and have been approved by the Medical Review Officer (MRO), who is contracted by the district for such services.

Employees must, as a condition of employment, abide by terms of this policy and notify the district of any criminal drug conviction for a violation occurring on district premises or while conducting district business off premises with-in 24 hours of a conviction.

Employees violating this policy shall be subject to disciplinary action in accordance with this policy, up to and including termination.

Employees shall be given a copy of this policy and a copy of this policy will be posted on the district website.

LEGAL REF.:

  • Wisconsin Statutes
    • 111.35 (Use of lawful products during working and non-working hours)
    • 125.09 (Alcohol possession prohibited on school grounds)
    • Chapter 961 (Controlled Substances Act)
    • Drug-Free Workplace Act of 1988

CROSS REF.:

  • 4223 – Staff Misconduct
  • 4231 – Staff Physical Examinations
  • 4233 – Employee Assistance Program
  • 4362 – Employee Discipline
  • Employee Handbook

REVISED:

  • June 27, 2000
  • September 23, 2014
  • October 28, 2014
  • March 28, 2017
  • July 25, 2023

Rule 4221 – Alcohol and Drug-Free Workplace

All employees shall be required to undergo pre-employment drug testing as well as alcohol and drug testing any time the district has reasonable suspicion to believe that the employee has violated this policy.

Reasonable suspicion alcohol or drug testing may be conducted when there is reasonable suspicion to believe that the employee has used or is using drugs or alcohol prior to reporting for duty, while on duty, or prior to or while attending any district function on or off district property. The district’s determination that reasonable suspicion exists will be based on specific, contemporaneous, accurate observations concerning the appearance, behavior, speech, smell, conduct and other characteristics of the employee. The employee will be suspended with pay until the results of a drug and/or alcohol test are made available to the district by the testing laboratory or tester. When reasonable suspicion exists, two district employees who have undergone drug and alcohol signs and symptoms training must concur that reasonable suspicion exists to believe the employee is in violation of the policy before the employee can be asked to submit to a test. If two symptom trained employees concur, the Office of Human Resources (HR) or its designee will meet with the employee to explain the basis for reasonable suspicion, and contact the drug testing collector to come to the location of the employee under suspicion. The employee under suspicion will be required to remain under observation by either administration staff or someone from HR until the certified tester arrives and tests the suspected employee.

Prior to submitting to a drug and/or alcohol test, the employee will be asked if they are under the influence of either drugs and/or alcohol. If the employee admits that they are under the influence of either drugs and/or alcohol, they will not be tested and will immediately be removed from their assignment and placed on an unpaid leave of absence. In the district’s sole discretion, in lieu of termination from employment, upon such a disclosure, and once on an unpaid leave of absence the employee will be required to enroll themselves into a treatment program at the district’s choosing or of their own choosing. Enrollment must be done within five business days of the start of the unpaid leave of absence. Documentation must be provided to HR that the employee is enrolled in a treatment program. Upon successful completion of the program as notified by the program to the district, the employee may return to duty with the understanding that if a similar violation occurs again, that action may lead to additional discipline up to and including termination. Before being asked to submit to an alcohol and/or drug test, the employee will receive written notice of the request and/or requirements from the certified tester and will sign a consent form releasing the results to the district. The district will incur all expenses related to the test.

Employees can refuse to undergo testing; however, refusal will be considered a violation of this policy and will be considered a positive test which will result in disciplinary action, up to and including termination. When reasonable suspicion exists, the employee will not operate a motor vehicle for the remainder of the workday or until such time as permitted by the district, and the employee will be responsible for arranging transportation off district property. If an employee attempts to operate their own vehicle, district staff will notify the Kenosha Police Department (KPD) that they have reason to believe the employee is operating a vehicle under the influence.

If the district receives notice that the employee’s drug test results were confirmed positive, the employee will be given the opportunity to explain the positive result to the Medical Review Officer (MRO). In addition, the employee may request a split test and have the sample retested at a laboratory of the employee’s choice and at their own expense pending the sample being available from the original testing site.

All testing results will remain confidential. Test results may be used in administrative hearings and court cases arising as a result of the employee’s alcohol and drug testing. Results will be sent to federal agencies as required by federal law. If the employee is to be referred to a treatment facility for evaluation, the employee’s test results will also be made available to the employee’s counselor.

In addition, employees must report any conviction under a criminal drug statute for policy violations occurring on or off district premises while conducting district business within 24-hours of a conviction to the Office of Human Resources. The Superintendent or their designee shall notify the appropriate federal agency within 10 days after receiving a report of a drug and/or alcohol conviction involving an employee engaged in the performance of a federal grant.

The district recognizes alcohol and drug dependency as an illness and a major health problem. Employees needing help in dealing with controlled substances are encouraged to use the district’s Employee Assistance Program (EAP). Conscientious efforts to seek such help will not jeopardize an employee’s job, and self-referrals will not be noted in any personnel record. Supervisory referrals will be noted in the employee’s personnel record.