Drug-Free Workplace Policy & Testing Program
American Preparatory Academy's Drug-Free Workplace Policy & Testing Program began September 1, 2003. This policy applies to all employees. If you have questions about the policy statement or the testing program, please contact the APA Human Resource Department.
The problem of drug and alcohol abuse has received recent attention because of its magnitude and its potential for harm to individuals and our society. We strongly believe that our working environment must be free of illegal drugs, alcohol, and the threat of theft for reasons of safety, health, quality service, and productivity.
The cooperation of all employees is required in order for our illegal drug and alcohol policy to be successful. American Preparatory Academy requires that all employees follow these rules:
- Employees are prohibited to illegally use, manufacture, possess, distribute or sell drugs in the workplace.
- Possession or storage of alcohol or illegal drugs in company vehicles or on school premises (including parking lots, and entry roads) is strictly prohibited. An employee will be considered in possession of illegal drugs or alcohol if illegal drugs or alcohol are discovered on the employee's person, in the employee's locker, desk, office, toolbox, personal workplace equipment, lunch box, personal vehicle while on school property, or company vehicle or equipment which is in their custody.
- Employees are prohibited from being at work or operating company-provided vehicles or equipment under the influence of drugs or alcohol.
- Violation of this policy may subject an employee to termination.
Includes Ethyl Alcohol or Ethanol. Alcohol is not limited to popularly recognized alcoholic beverages such as beer, wine, or liquor.
A controlled substance included in schedule II, as defined by section 802 (6) of title 21 of the United States Code, the possession of which is unlawful under chapter 13 of the title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or other use authorized by law.
Any person in the service of APA for compensation of any kind.
Verified Positive Result
Any result above confirmation levels for drugs or alcohol.
"Drug Test" means analysis of urine, blood, and/or breath sample for the presence of "illegal drugs."
The screening and confirmation cutoff levels are listed below:
1. Marijuana 50ng/ml
2. Cocaine 300ng/ml
3. Opiates 300ng/ml
4. Amphetamines 1000ng/ml
5. Phencyclidine 25ng/ml
1. Marijuana Metabolite 15ng/ml
2. Cocaine Metabolite 150ng/ml
5. Phencyclidine 25ng/ml
6. Urine alcohol level .05%
American Preparatory Academy has established standards in the following areas.
- Reasonable Cause - APA may require testing of any employee during their employment period when there is a reasonable cause (see "Reasonable Cause" below) or other overt reason to believe that the employee is under the influence of drugs or alcohol.
- Random Testing - APA reserves the right to implement a random testing procedure at any time.
- Post-Accident – Any accident that occurs on company time or while operating any equipment owned by APA may require that the injured employee submit to a "post-accident" drug test.
B. Reasonable Cause
Reasonable cause for testing employees includes, but is not limited to, any accident involving an employee who was driving a company-provided vehicle or operating company-provided equipment; any appearance and/or behavior indicating the influence of drugs or alcohol; or anytime employees are injured or violate a safety rule that could lead to significant injury to themselves or others.
If an employee is sent to be tested for drugs or alcohol for "reasonable cause" the employee will be placed on administrative leave until American Preparatory Academy receives the test results. If the results come back negative, the employee will be paid for the time off and be allowed to return to work immediately. If the results come back positive, the employee will not be compensated for the time off and he/she may be subject to termination. In either case, the employee is not to return to American Prep until the Human Resources Director notifies them.
Refusal to take a drug or alcohol test under the conditions of this policy is sufficient grounds for termination.
When there is credible reason to believe that an employee is in possession of a controlled substance or alcohol (i.e., first hand or eye witness reports of the violation), American Preparatory Academy reserves the right to request an inspection of any item(s) the employee has brought onto APA premises, including employee vehicles parked on school premises. American Preparatory Academy also reserves the right to search any company-owned property at any time.
Any employee who refuses to comply with the request for inspection of their personal property or vehicle may be subject to termination.
- Each employee will receive a copy of American Preparatory Academy's drug testing policy and procedure prior to the date of implementation or at the time they are hired, whichever occurs first.
- Each employee must sign an acknowledgement that they have received a copy of American Preparatory Academy's drug and alcohol policy and testing program and agree to comply with the provisions of the policy.
- A copy of American Preparatory Academy's drug and alcohol policy and testing program will be made available to all prospective employees for their review at the time of application if so requested. Each prospective employee will be informed of the policy and their right to review the policy.
D. Prescription Drugs
Employees are solely responsible and expected to inform their supervisor of any prescription drugs they are taking which may alter their ability to perform their jobs. Supervisors have the responsibility to deny an employee access to company-provided vehicles and equipment if the effects of prescription drugs will render the employee unsafe in the operation of the vehicle or equipment.
For your safety, if you are taking prescription medication or have a medical condition that may affect your ability to perform the tasks required in your job description or that may require first aid, please notify your supervisor. Examples of medical conditions that may require first aid could include but are not limited to:
— Allergies (severe – bee/wasp, food, etc.)
— Taking blood thinners
— Chronic or Acute Pain
If your medical condition is treated by prescription aids, such as epinephrine for bee stings, please tell your supervisor where you normally keep your aids in case assistance is needed. Possession or use of prescription medications that are not in the employee's name may subject the employee to discipline.
American Preparatory Academy encourages voluntary participation in appropriate counseling and treatment for drug and alcohol-related problems. However, participation will not prevent or lessen the extent of disciplinary action for violation of this and associated policies.
Employee Assistance Plan
The APA Employee Assistance Program provides short-term, confidential counseling for you and anyone living in your household regardless of whether you and/or they are covered under your health insurance plan at no out-of-pocket expense to you.
For information on APA health insurance coverage of counseling and treatment, please see your company-provided benefits documents or contact the Human Resources department.
APA recognizes the importance of confidentiality of testing information. It will take all reasonable steps to assure the confidentiality of information obtained by APA as a result of this policy. No information will be released to anyone without the employee or applicant's signed authorization, except when necessary to implement the provisions of this and related policies or to comply with legal requirements.
G. Reporting of Arrests
A licensed or non-licensed educator who is arrested, cited, or charged with an alcohol or drug offense must report the arrest, citation, or charge within 48 hours or as soon as possible to the licensed educator's supervisor and Executive Director. The Executive Director or designee shall report conviction, arrest, or offense information received from a licensed educator to the State Superintendent within 48 hours of receipt of information from the educator.
For more information, see Policy C-10.2.1 Personal Reporting of Arrests.
41 USC 701 et seq., Drug Free Workplace Act of 1988
Utah Code Ann. 34-41-101 et seq., Local Governmental Entity Drug-Free Workplace Policies
Utah Code Ann. 53-10-211, Notice Required of Arrest of School Employee for Controlled Substance or Sex Offense
Utah Code Ann. 53G-8-602, Possession or Consumption of Alcoholic Beverages at School or School-Sponsored Activities
Utah Code Ann. 58-37-8, Controlled Substances, Prohibited Acts
Utah Code Ann. 58-37a-5, Utah Drug Paraphernalia Act
Utah Admin. Code R277-515, Utah Educator Standards
Utah Admin. Code R477-14, Substance Abuse and Drug-Free Workplace