NWESD Policy Manual & Administrative Procedures

5201 – Drug-Free Workplace

The NWESD 189 has an obligation to staff, students, and citizens to take reasonable steps to provide a reasonably safe workplace and to provide safety and high quality performance for the students whom the staff serves.

“Workplace” is defined to mean the site for the performance of all work done in connection with NWESD 189 programs and services. The “workplace” includes any NWESD 189 building or any NWESD 189 property; any NWESD 189-owned vehicle or any other NWESD 189-approved vehicle used to transport students to and from NWESD 189 activities; and off NWESD 189 property during any NWESD 189-sponsored or NWESD 189-approved activity, event, or function, such as a field trip or athletic event, where students are under the jurisdiction of the NWESD 189, which could also include work on a federal grant.

Prohibited Behavior

To help maintain a drug-free program, community, and workplace, the following behaviors will not be tolerated:

1. Reporting to work or the workplace under the influence of alcohol, illegal and/or controlled substances including marijuana (cannabis) and anabolic steroids.
   Using, possessing, transmitting alcohol, illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids, in any amount, in any manner (including vaping products), and at any time in the workplace.
2. Any staff member convicted of a crime attributable to the use, possession, or sale of illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids, will be subject to disciplinary action, including termination.
3. Using NWESD 189 property or the staff member’s position within the NWESD 189 to make or traffic alcohol, illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids.
4. Using, possessing or transmitting illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids.

Notification Requirements

Any staff member who is taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with the safe performance of his/her job. If the use of a medication could compromise the safety of the staff member, other staff members, students or the public, it is the staff member’s responsibility to use appropriate personnel procedures (e.g., use of leave, request a change of duty, or notify his/her supervisor of potential side effects) to avoid unsafe workplace practices. If a staff member notifies his/her supervisor that the use of medication could compromise the safe performance of his/her job, the supervisor, in conjunction with the NWESD 189 Personnel office, then will determine whether the staff member can remain at work and whether any work restrictions will be necessary.

As a condition of employment, each employee will notify his/her supervisor of a conviction under any criminal drug statute violation occurring in the workplace. Such notification will be provided no later than five (5) days after such conviction. The NWESD 189 will inform the federal granting agency within ten (10) days of such conviction, regardless of the source of the information.

Disciplinary Action

Each employee will be notified of the NWESD 189’s policy and procedures regarding employee drug activity at work. Any staff member who violates any aspect of this policy will be subject to disciplinary action, which may include termination. As a condition of eligibility for reinstatement, an employee may be required to satisfactorily complete a drug rehabilitation or treatment program approved by the NWESD 189, at the employee’s expense. Nothing in this policy will be construed to guarantee reinstatement of any employee who violates this policy, nor does the NWESD 189 incur any financial obligation for treatment or rehabilitation ordered as a condition of eligibility for reinstatement.

The NWESD 189 may notify law enforcement agencies regarding a staff member’s violation of this policy at the NWESD 189’s discretion or take other actions as it deems appropriate.

First Reading: 08/22/90 (as 4730)

Second Reading: 09/26/90 (as 4730)
Revised: 02/27/91 (as 4730)
Revised: 05/23/01 (recodified 5201)
Revised: 06/23/04
Revised: 04/24/13

Reference:

RCW 28A.310.010
RCW 28A.310.180
RCW 69.50.435
41 U.S.C. 8103
21 U.S.C. 812
20 U.S.C. 7101-7117

Cross Reference:

Policy 4215
Policy 5280

Date Revised: 4/24/13