NORWIN SCHOOL DISTRICT
Policy No.:
554
Section:
CLASSIFIED EMPLOYEES
Title:
PRE-EMPLOYMENT DRUG TESTING
Adopted:
August 17, 2015
POLICY
554. PRE-EMPLOYMENT DRUG TESTING
Purpose
The Norwin School District is committed to a safe, healthy and productive workplace for all employees. The
illegal use of controlled substances by School District employees has an adverse impact on the workplace in the
following manners: (1) it endangers students and other employees; (2) such behavior is entirely inconsistent with
the values that the School District seeks to instill in its students; (3) such behavior increases the likelihood of
employee tardiness and absences from work and unsatisfactory job performance; (4) such behavior is inconsistent
with state and federal laws that public school districts shall maintain drug-free educational environments for
school-aged children; (5) it creates unsafe workplace conditions as a result of employees operating equipment,
machinery or otherwise performing safety-sensitive tasks while impaired.
The School District implements this pre-employment drug testing program as a means to eliminate the adverse
impact within the workplace stemming from employees’ illegal drug usage. The objective of this policy is to
ensure:
1. That applicants for employment (herein referred to as “prospective employees”) are drug-free when they
are hired.
2. That prospective employees do not endanger students and other employees through illegal drug use.
The pre-employment drug testing program will require prospective employees to undergo drug testing as part of
an overall medical assessment, which includes a post-offer, pre-employment medical examination mandated by
state law.
Definitions
Alters the integrity of a urine sample means any attempt to alter the outcome of a drug test by adding a
substance to a urine sample, attempting to switch a sample, or otherwise interfere with the detection of drugs in
the urine, or purposefully over-hydrating oneself in an attempt to dilute the urine to decrease the possible
detection of drugs.
Approved contractor shall mean a laboratory that is certified by SAMHSA (Substance Abuse and Mental Health
Services Administration) and is selected by the School District to collect and test urine samples and maintain the
confidentiality of test results in compliance with this policy.
Drug shall have the meaning assigned by 21 U.S.C. Sec. 802, and includes all substances listed on Schedules I
554-1
through V set forth in 21 CFR Sec. 1308, as amended.
Drug Test means the post-offer, pre-employment drug urinalysis screening of a prospective employee.
Drug Urinalysis means drug testing performed through urinalysis. Urinalysis will test for the presence of drugs
and/or metabolites of the following controlled substances: (1) marijuana, (2) cocaine, (3) opiates, (4)
amphetamines and (5) phencyclidine (PCP).
Medical Review Officer or MRO means a licensed physician with knowledge of drug abuse disorders and drug
testing working for the approved contractor who is responsible for reviewing and verifying drug test results prior
to communication with the School District and/or prospective employees.
Negative Test means a test in which the initial or confirmation test did not show evidence of a prohibited drug in
a prospective employee’s system above the levels necessary for a positive test; OR, a test which is verified as a
negative by the MRO (i.e. a review showed a positive test was due to lawful prescription medication or other
authorized use of a controlled substance).
Positive Test Result means a gas chromatography/mass spectrometry test result which is considered to
demonstrate the presence of a drug using the following minimum standards:
Drug Class
Amphetamines
Amphetamine
Methamphetamine
Barbiturates
Amobarbital
Butalbital
Pentobarbital
Phenobarbital
Secobarbital
Benzodiazepines
Alprazolam Metabolite
Oxazepam
Cocaine Metabolites
Marijuana Metabolites
Methadone
Methaqualone
Opiates
Morphine
Codeine
Hydromorphone
Hydrocodone
Oxycodones
Oxymorphone
Oxycodone
Phencyclidine
Propoxyphene
Initial Test
Cutoff
1000 ng/mL
Confirmatory
Test Cutoff
Confirmatory
Method
500 ng/mL
500 ng/mL
GC/MS
GC/MS
200 ng/mL
200 ng/mL
200 ng/mL
200 ng/mL
200 ng/mL
GC/MS
GC/MS
GC/MS
GC/MS
GC/MS
200 ng/mL
200 ng/mL
150 ng/mL
15 ng/mL
200 ng/mL
200 ng/mL
GC/MS
GC/MS
GC/MS
GC/MS
GC/MS
GC/MS
2000 ng/mL
2000 ng/mL
300 ng/mL
300 ng/mL
GC/MS
GC/MS
GC/MS
GC/MS
100 ng/mL
100 ng/mL
25 ng/mL
200 ng/mL
GC/MS
GC/MS
GC/MS
GC/MS
300 ng/mL
300 ng/mL
300 ng/mL
50 ng/mL
300 ng/mL
300 ng/mL
2000 ng/mL
100 ng/mL
25 ng/mL
300 ng/mL
554-2
Prospective Employee means any individual who has applied for or is otherwise seeking full-time or part-time
employment with the Norwin School District.
Refuse to cooperate means to obstruct the collection or testing process, to submit an altered, adulterated or
substitute sample or fail to promptly provide specimen(s) for testing when directed to do so, without a valid
medical basis for the failure.
SAMHSA means Substance Abuse and Mental Health Services Administration, a division of the U.S. Department
of Health and Human Services (DHHS) which is responsible for certifying laboratories to perform federal
workplace drug testing.
Guidelines
Types of Testing
Drug testing of urine samples shall be conducted on all prospective employees being provisionally offered
employment by School District administration subject to the final approval by the Board.
The drug test is to determine the presence of amphetamines, barbiturates, cocaine, depressants, marijuana,
methamphetamines, opiates (morphine, codeine, heroin, etc.), PCP, stimulants, valium, Quaaludes and Xanax in
the prospective employee’s urine sample. A test result indicating the presence of any of these substances will be
considered a positive test.
If a prospective employee refuses to submit a urine sample for testing, the refusal will be deemed a positive test
for purposes of this policy. If a prospective employee attempts to alter or alters the integrity of a urine sample
during the collection process, that conduct will be deemed as a positive test for purposes of this policy.
Testing Procedures
Drug testing will be conducted by urine samples. Specimens will be collected and tested by a SAMHSA-certified
laboratory. Trained medical personnel of the approved contractor shall collect samples in a manner that conforms
to industry standards and properly balances the values of privacy and confidentiality with the accuracy of the drug
test. The approved contractor shall analyze the urine samples. The collection and testing process shall utilize
appropriate chain of custody procedures.
As part of the collection process, the specimen provided will be split into two (2) vials: a primary vial and a
secondary vial. The SAMHSA-certified laboratory will perform initial screenings on all primary vials. In the
event that the primary specimen tests positive, a confirmation test of that specimen will be performed before
being reported by the laboratory to the Medical Review Officer (MRO) as a positive.
The School District and/or Approved Contractor will provide prospective employees subject to testing a copy of
the Protocol for Drug Testing.
All costs associated with drug testing shall be paid by the prospective employee, unless otherwise specified in this
policy.
Reporting Of Test Results
All laboratory results will be reported by the laboratory to an MRO designated by the School District. Negative
test results shall be reported by the MRO to the School District. Positive test results shall be reported by the MRO
to both the School District and the prospective employee to discuss the test result. In the MRO’s sole discretion, a
554-3
determination will be made as to whether a result is positive or negative.
An individual testing positive may make a request of the MRO to have the secondary vial tested, at his/her own
expense. The individual making the request for a test of the second specimen must pre-pay all costs associated
with the test. The request for testing a second specimen must be made to the MRO within seventy-two (72) hours
of the individual being notified by the MRO of a positive test result.
Confidentiality of Test Results and Related Information
Information and records relating to positive test results, legitimate medical explanations for positive test results
and related correspondence shall be kept confidential as required by law and maintained in secure files separate
from normal personnel or employee files and records. Such records and information may be disclosed to
appropriate School District personnel on a need-to-know basis and may also be disclosed where relevant to a legal
claim or other proceeding initiated by or on behalf of a prospective employee and/or employee.
Consequences for Violations of the Policy
The Board will not hire any prospective employee who tests positive on the drug test, unless the MRO has
confirmed that the drug found in the drug test has been lawfully prescribed by a licensed physician and there is a
bona fide medical reason for using the drug or if the retest results ultimately in a negative test.
Any prospective employee who tests positive in a drug test under this policy shall be subject to the following
restrictions:
1. Rescission of any preliminary offer of employment extended to the prospective employee.
2. Withdrawal of the prospective employee’s name and/or application from consideration for employment.
3. Immediate release from any provisional employment which may have been permitted pending the final
receipt of drug testing results under this policy.
4. Refusal to consider the prospective employee for future employment opportunities.
Notification to Prospective Employees Regarding the Policy
All prospective employees required to comply with this policy may be notified of this policy in the following
manner: (1) the School District’s employment applications shall notify prospective employees they will be subject
to pre-employment drug testing; (2) School District job postings and advertisements shall notify prospective
employees of the pre-employment drug testing program; and the entire policy shall be made accessible for public
inspection through the School District official website at www.norwinsd.org.
Prospective employees must also complete and submit the Release and Consent Form for Pre-Employment Drug
Test to the Norwin School District Human Resources Department. The Form follows this policy.
Severability Clause
The provisions of this policy are severable, and if any of its provisions shall be held invalid or unconstitutional to
any extent, such decision shall not affect or impair the remaining provisions of the policy. If that were to occur,
the Board intends to enforce those provisions of the policy that have not been invalidated.
554-4
Effective Date
This policy shall become effective on August 18, 2015 for prospective employees seeking employment with the
School District.
References
School Code – 24 P.S. Sec. 510
Procedures for Transportation Workplace Drug and Alcohol Testing Programs, Title 49, Code of Federal
Regulations – 49 CFR Part 40
554-5
ATTACHMENT NO. 1, BOARD POLICY 554
NORWIN SCHOOL DISTRICT
RELEASE AND CONSENT FORM FOR PRE-EMPLOYMENT DRUG TEST
(Provide Completed Original to Norwin School District Human Resources Department)
NAME ____________________________________________________________________
(Please Print)
I recognize that any offer of employment to me by the School District ("District") is contingent upon my
successful completion of a drug test to confirm there are no illegal or unauthorized substances in my
system. I acknowledge that no verbal or written promise or guarantee of any job or employment is made or
implied by my participating in this testing process.
This screening test must be completed within three days of the date of this notice. The Human Resources
Department will provide you with information regarding the test, contact and location information for the
facility as well as the hours of operation. This screening is in accordance with the District's Pre-Employment
Drug Testing policy. Norwin School District has an agreement with Quest Diagnostics, which offers a
network of laboratories and patient service centers, to conduct the drug test screening. If you have any
questions regarding our Policy or these tests, please contact the Human Resource Department.
I hereby consent and authorize the District through its designated collection facility, to collect a specimen of
urine from me for pre-employment drug testing. I understand that the procedure employed in this process
will ensure the integrity of the sample and is designed to comply with medicolegal requirements. I
understand that the designated collection facility may ask for photo identification. I also understand that the
designated collection facility, in accordance with its own procedures and requirements, may ask me to
complete a medical history. I understand that this medical history is not part of the District's hiring process,
and it will not be provided to the District.
The purpose of collecting a sample of urine is to test that sample for the presence of drugs. A sample
provided for drug testing will not be tested for any other purpose. The name, initials and social security
number of the person providing the sample may be requested so that the sample can be identified
accurately but confidentially. Information about medications and other information relevant to the reliability
of, or explanation for, a positive test result is requested to ensure that the test is reliable and to determine
whether there is a valid medical reason for any drug or their metabolites in the sample. All data collected,
including that in the notification form and the test report, is intended for use in determining the suitability of
the job applicant for employment. The job applicant may refuse to supply the requested data; however,
refusal to supply the requested data will prohibit the job applicant from being employed.
The designated collection facility may only disclose the test result data regarding presence or absence of
drugs or their metabolites to the District. The District or designated collection facility may not disclose the
test result reports and other information acquired in the drug testing process to another employer or to a
third party individual, governmental agency, or private organization without the written consent of the person
tested, unless permitted by law or court order.
I UNDERSTAND THAT A POSITIVE, CONFIRMED TEST FOR ILLEGAL DRUGS WILL PROHIBIT ME
FROM BEING EMPLOYED.
554-6
In consideration for such services being rendered on my behalf, I hereby agree to RELEASE and HOLD
HARMLESS the District, the designated collection facility, and their or its officers, agents and employees,
from any and all claims which I might otherwise have due to such tests being conducted or the results being
made available. I hereby AGREE NOT TO FILE ANY ACTION at law or in equity against the District, the
designated collection facility, their respective officers, agents or employees in connection with the screen
being conducted or the results of such screen being made so available, and I hereby agree to INDEMNIFY
and SAVE HARMLESS the District, the designated collection facility, their respective officers, agents, and
employees from all damages, expenses, reasonable attorney's fees, and costs of court which they or any of
them may suffer or incur, jointly or severally, due to the screen being conducted or the results of such
screen being made so available.
I further release and discharge the District, the designated collection facility and their respective officers,
directors, employees, former employees, agents, contractors, and attorneys from any claim or liability
relating to or arising out of the performance of the test, the analysis, and/or the employment determination.
including, without limitation, the testing procedures, the analysis, any follow-up investigation, the ultimate
employment determination and the disclosure of the test results as described herein and as required by law.
I further agree that a reproduced copy of this Pre-Employment Drug Testing Consent and Release Form
shall have the same force and effect as the original.
I have carefully read the preceding information, fully understand its contents, and agree to be legally bound
by the above terms. I agree to the aforementioned testing. I sign this waiver and release willingly and of my
own volition. I understand that by signing this form I give up all rights whatsoever to recover damages arising
out of the testing process.
_____________________________
Date
____________________________________________
Signature
____________________________________________
Print Name
______________________________________________________________________________
Street Address
City
State
Zip Code
____________________________________________
Witness
(Provide Completed Original to Norwin School District Human Resources Department)
554-7