DI-E (TSBVI) Employee Welfare: Drug-Free Workplace/School


The School is not eligible to receive a grant from any Federal agency unless the School provides a drug-free workplace by publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violations of such prohibition, and by establishing a drug-free awareness program to inform employees about the availability of information and assistance from the School’s Employee Assistance Program.  41 U.S.C. 702


Texas School for the Blind and Visually Impaired employees shall not unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of controlled substances, illicit drugs, inhalants, or alcohol on school premises, or while conducting school business, or engaging in school activities off school premises.  41 U.S.C. 702(a)(1)(A); 28 TAC 169.2


Employees who violate this prohibition shall be subject to disciplinary sanctions. Such sanctions may include referral to drug and alcohol counseling or rehabilitation programs, or employee assistance programs, termination from employment with the School, and referral to appropriate law enforcement officials for prosecution. Compliance with these requirements and prohibitions is mandatory and is a condition of employment.  41 U.S.C. 702(a)(1)(A)(D); 28 TAC 169.2


As a further condition of employment, an employee shall notify the Superintendent of any criminal drug statute conviction the employee incurs for a violation in the workplace no later than five days after such conviction. Within 30 days of the Superintendent’s receiving notice from any source of a conviction for any drug statute violation occurring in the workplace, the Superintendent, or designee, shall either (1) take appropriate personnel action against the employee, up to and including termination, or (2) require the employee to participate satisfactorily in a drug and alcohol abuse assistance or rehabilitation program approved by a federal, state, or local health agency, law enforcement agency, or other appropriate agency.  41U.S.C. 702(a)(1)(B), 703


TSBVI recognizes alcoholism and drug dependence as treatable and will cooperate with employees who recognize that they have an alcohol, or drug problem, and voluntarily request assistance. Such employees are strongly encouraged to avail themselves of the School’s Employee Assistance Program.

Information about the Employee Assistance Program’s free, confidential services shall be provided to new employees during Orientation, posted throughout the workplace, and made available in the Human Resources Department.

[This notice complies with notice requirements imposed by the federal Drug-Free Workplace Act [41 U.S.C. 702] and notice requirements imposed by the Texas Workers’ Compensation rules at 28 TAC 169.2]

Adopted:         5/30/91
Amended:       8/26/94, 9/29/95, 1/26/96, 11/20/15
Reviewed:       1/28/00, 1/31/03