4430-Alcohol Tobacco and Drug-free Workplace

Book                        Policy Manual

Section            4430 4000 - Personnel Certified/Non-Certified
Title                       Alcohol, Tobacco and Drug-Free Workplace Policy

Code                        Series 4000

Status                      Active

Adopted                     October 9, 1990

Last Revised                December 8, 2015

Prior Revised Dates         11/17/1993; 04/03/2006; 08/12/2014;




                             ALCOHOL, TOBACCO, AND DRUG-FREE WORKPLACE POLICY

PURPOSE

The purpose of this policy is to establish a workplace which is free of the effects of alcohol and second-hand smoke, and
free from drug abuse. By accomplishing this purpose, the Board also seeks to promote a safe, healthy working environment
for all employees and to reduce absenteeism, tardiness, and other job performance problems which may be caused by
alcohol and/or drug abuse. This policy is adopted in accordance with state law and the Drug-Free Workplace Act.

STATEMENT OF POLICY

Employees shall not be involved with the unlawful manufacture, distribution, possession, or use of an illegal drug, controlled
substance, or alcohol and shall not be under the influence of such substances while on school property or while conducting
Board business on or off school property. Any employee who discovers illegal drugs or alcohol on school property shall
notify the Superintendent or his/her designee who shall investigate the matter.

An employee must report any conviction under a criminal drug statute for violations occurring on or off school property
while on Board business, to the Superintendent or his/her designee within five (5) days after the conviction. The Board will
notify any agency awarding a grant to the Board of such conviction, within ten (10) days thereafter.

Employees shall only use prescription drugs on school property, or during the conduct of Board business, that have been
prescribed by a licensed medical practitioner, and such drugs shall be used only as prescribed. However, in accordance with
Conn. Gen. Stat. § 21a-408a through 408q, the Board specifically prohibits the palliative use of marijuana on school
property, at a school-sponsored activity, or during the conduct of Board business, and specifically prohibits employees from
being under the influence of intoxicating substances, including marijuana used for palliative purposes, during work hours.

The Board prohibits smoking, including smoking using an electronic nicotine delivery system (e.g. e-cigarettes) or vapor
product, and the use of tobacco products on school property or at any school-sponsored activity. For purposes of this policy,
the term “electronic nicotine delivery system” shall mean an electronic device that may be used to simulate smoking in the
delivery of nicotine or other substance to a person inhaling from the device and includes, but is not limited to, an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge
or other component of such device, and the term “vapor product” shall mean any product that employs a heating element,
power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, to produce a
vapor that may or may not contain nicotine, that is inhaled by the user of such product. Notwithstanding the above,
transdermal nicotine patches used solely as part of an organized treatment program to quit smoking shall not be considered
tobacco for the purposes of this policy.
Violations of this policy may result in disciplinary action, up to and including possible termination of employment.

DEFINITIONS

“School property” means any land and all temporary and permanent structures comprising the district’s elementary and
secondary schools, and administrative office building and includes, but is not limited to, classrooms, hallways, storage
facilities, theatres, gymnasiums, fields and parking lots.

“School-sponsored activity” means any activity sponsored, recognized or authorized by a board of education and includes
activities conducted on or off school property.

EMPLOYEE ASSISTANCE

In appropriate circumstances, the Board shall provide an employee with an opportunity for rehabilitation in overcoming
addiction to, dependence upon or other problem with alcohol or drugs.

An employee who feels he or she has developed an addiction to, dependence upon or other problem with alcohol or drugs,
is encouraged to seek assistance. Certain benefits for alcoholism or drug addiction are provided under the Board's group
medical insurance plan. An employee may be given an opportunity to participate in a rehabilitation program which requires
absence from work for bona fide treatment. Such absence may be charged to the employee's accrued and unused sick
leave, subject to the provisions of the employee's collective bargaining agreement and/or any applicable Board policies and
regulations.

Any request for assistance with a drug or alcohol problem will be treated as confidential and only those persons "needing to
know" will be made aware of such request.


Legal                       Conn. Gen. Stat. § 10-233a(h) (definition of school-sponsored activity)
                            Conn. Gen. Stat. § 21a-408a through 408q (palliative use of marijuana)
                            Public Act 14-76, “An Act Concerning The Governor’s Recommendations Regarding
                            Electronic Nicotine Delivery Systems And Youth Smoking Prevention”
                            Public Act 15-206, “An Act Regulating Electronic Nicotine Delivery Systems and Vapor
                            Products”

                            Safe and Drug-Free Schools and Community Act, 41 U.S.C. Section 7101 et seq
                            Pro-Children Act of 2001, Pub. L. 107-110, 115 Stat. 1174, 20 U.S.C. § 7183




           Replace with new Shipman recommended legal