Newport-Mesa USD | BP 4312.41 Personnel
Employee Drug Testing
The Governing Board maintains a drug- and alcohol-free workplace. In accordance with law, all employees shall render service without using, possessing, being impaired by, or being under the influence of alcohol or drugs.
(cf. 0450 - Comprehensive Safety Plan)
(cf. 4020 - Drug and Alcohol-Free Workplace)
(cf. 4030 - Nondiscrimination in Employment)
(cf. 4032 - Reasonable Accommodation)
(cf. 5131.61 - Drug Testing)
Pre-Employment Drug/Alcohol Testing for Safety-Sensitive Positions
Because students and staff have the right to a safe and secure campus where they are free from physical and psychological harm, the Board authorizes the testing of prospective employees in safety-sensitive positions for drug and alcohol use.
Once a conditional offer of employment has been made, prospective employees in these identified positions shall undergo a pre-employment drug and alcohol screening for any substance which could impair their ability to safely and effectively perform their job functions. This screening shall be part of the employee's pre-employment physical examination.
Final selection of a job applicant for a position shall not be made until the applicant has successfully completed the screening.
All testing and medical examinations shall be conducted in accordance with state and federal law, Board policy, and administrative regulation.
44011 Controlled substance offense
44455 Conviction for controlled substance offenses as grounds for revocation of credential
44836 Employment of certificated persons convicted of controlled substance offenses
44940 Compulsory leave of absence for certificated persons
44940.5 Procedures when employees are placed on compulsory leave of absence
45123 Employment after conviction for controlled substance offense
45304 Compulsory leave of absence for classified persons
44839 Medical certificate; periodic medical examination
45122 Physical examinations
12940 Unlawful employment practices
CODE OF REGULATIONS, TITLE 5
5504 Medical certification procedures
Article 1, Section 28(c) Right to Safe Schools
UNITED STATES CODE, TITLE 20
UNITED STATES CODE, TITLE 41
701-707 Drug-Free Workplace Act
Lanier v. City of Woodburn, (2008, 9th Circuit) 518 F.3d 1147
Knox County Education Association v. Knox County Board of Education, (1998, 6th Circuit) 158 F.3d 361
Loder v. City of Glendale, (1997) 14 Cal. 4th 846
Vernonia School District 47J v. Acton, (1995) 115 S.Ct. 2386
International Brotherhood of Teamsters v. Department of Transportation, (1991) 932 F.2d 1292
Skinner v. Railway Labor Executives' Assn, (1989) 489 U.S. 602
National Treasury Employees Union v. Von Raab, (1989) 489 U.S. 456
Policy NEWPORT-MESA UNIFIED SCHOOL DISTRICT
adopted: September 8, 2009 Costa Mesa, California