The Drug-Free Workplace Act of 1988, 34 CFR, Part 85, Subpart F, requires certification regarding a drug-free workplace. The regulations, published January 31, 1989, Federal Register, require certification by grantees, prior to award, that they will maintain a drug-free workplace. According to the regulations published, the Enid Board of Education adopts the following policy:

(a) The Enid Board of Education, in keeping with federal requirements, makes the following statement to all employees:

The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in all workstations in the Enid school district. Such action is prohibited by any employee during that employee’s work hours or in the performance of any duties for the Enid School system. Any employee in violation of such prohibition shall have appropriate personnel action taken against said employee, including possible termination of employment.

As a condition of employment, the employee agrees to abide by the terms of this statement and to notify the Board of Education of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, provided the employee is aware of the conviction.

Each current employee will be notified of this statement in writing and future employees will be notified in writing upon employment. The statement will be published in other appropriate documents for proper distribution of this information and will be posted at appropriate work sites.

(b) The Enid Board of Education, in keeping with federal requirements, establishes a drug-free awareness program to inform employees about:

(1) The dangers of drug abuse in the workplace;
(2) The Enid Board of Education policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

The Superintendent is to utilize appropriate staff to conduct inservice meetings with all personnel to implement a drug-free awareness program.

(c) The Enid Board of Education, in keeping with federal requirements, will give the statement contained in paragraph (a) to each employee and hereafter to each new employee at the time of employment.

(d) The Enid Board of Education, in keeping with federal requirements, states that as a condition of employment the employee will abide by the terms of the prohibition statement outlined in paragraph (a). In addition, each employee will notify the Board of Education of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, provided said employee is aware of such conviction.

(e) The Enid Board of Education, in keeping with federal requirements, agrees to notify the U.S. Department of Education within ten (10) days after receiving notice from an employee or otherwise, receiving actual notice of such conviction.

(f) The Enid Board of Education, in keeping with federal requirements, agrees to take one of the following actions within thirty (30) days of receiving notice of such conviction:

(1) Take appropriate personnel action against such employee, up to and including termination of employment.
(2) Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health law enforcement, or other appropriate agency.

(g) The Enid Board of Education will endeavor to make a good faith effort to continue to maintain a drug-free workplace through implementation of this policy.