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Article 6 – Working Conditions

Article 6 – Working Conditions

6.01 - Physical Facilities:

  1. Facilities Planning: The Board shall involve teachers in the preparation of educational specifications for school facilities. The specifications shall be used in the planning and construction of new facilities and in the planning of additions or the remodeling of existing facilities. These specifications will be used at the discretion of the Board. Such specifications may include:
    1. Room Assignment: teaching room/station for each teacher commensurate with the design capacity of the school;
    2. Dining Area: teacher dining area;
    3. Lounge: teacher preparation/rest areas and furnishings;
    4. Restrooms: adult restroom facilities;
    5. Conference Rooms: conference rooms;
    6. Temperature: climate control;
    7. Parking Area: designated employee parking area;
    8. Supplies: instructional equipment;
    9. Boards: chalk boards and tack board areas;
    10. Safety / Security: building and grounds safety and security provisions;
    11. Maintenance: custodial and maintenance provisions;
    12. Sound: acoustical control.
  2. Storage: Each teacher shall have a securable storage space for teaching materials and equipment.
  3. Safe and Secure Conditions: Adequate, clean, safe, and sanitary working conditions shall be provided for all employees. No employee shall be required to work in conditions that are not safe or secure or perform tasks which endanger health and safety. The site supervisor or principal shall, in consultation with the department responsible for safety and security, whenever possible, make an initial determination as to whether an unsafe working condition exists.
  4. Reporting Unsafe Conditions: An employee who becomes aware of an unsafe working condition shall immediately report the situation to their supervisor. A safety/security deficiency form shall be provided to employees either by electronic file or by hard copy for reporting purposes. The supervisor shall investigate and initiate whatever corrective action they deem appropriate with consultation and notice given to the department responsible for safety and security. If the employee believes that the condition has not been corrected, he/she may report it to the School Safety/Security Committee in writing on the Safety/Security Deficiency Form. All hard copies of the Safety/Security Deficiency Form shall be directed to the Safety & Security Department.

6.02 - Protection of Person:

  1. Injury: The District assures employees of its support when employees have followed the laws and regulations of the State and the policies of the Board in carrying out their responsibility. An employee involved in injury to themselves, a student, or another employee shall immediately report the same to their immediate supervisor and thereafter make such written reports as necessary to comply with School Board Policy.
  2. Student Discipline: The teacher’s responsibility for the control and direction of students shall be exercised throughout the campus of each school and is not limited to a specific group of children or classroom. When in the judgment of the teacher, a student requires the attention of the principal or other school or District staff specialist, the teacher shall so inform the principal or their designee on the appropriate school form. When administrative assistance is provided, the teacher shall receive a written statement of the specific action taken within five (5) days. Individual records of student discipline, where available, will be accessible to teachers as an aid for determining disciplinary recommendations concerning particular students.
  3. Workplace Civility: Employees shall not engage in speech, conduct, behavior (verbal or nonverbal), or commit any act of any type which is reasonably interpreted as abusive, profane, intolerant, menacing, intimidating, threatening, or harassing against any person in the workplace.
  4. District Support: The District assures employees of its support when an employee’s conduct is in accordance with applicable state and federal laws, regulations, and board policy. In carrying out their responsibility for maintaining good discipline, an employee shall impose classroom discipline consistent with administrative direction. In the event that an employee feels it is necessary to protect themselves or others from injury, the employee may refer to board policy and/or Florida Statute 1003.32.
  5. Assault: Any case of assault upon a teacher which occurs in the line of duty shall promptly be reported to the principal. The District shall provide legal advice to the teacher concerning their rights and obligations with respect to such assault and its legal assistance to the teacher in connection with the handling of the incident by law enforcement and judicial authorities. In such event, the following shall apply:
    1. Legal Proceedings: Time for appearance before a judicial body or legal authority shall result in no loss of salary or reduction of accumulated leave.
    2. Criminal Actor: Where a teacher is found guilty of a criminal charge related to the incident by a court of competent jurisdiction, the District shall be immediately released from further responsibility to the teacher.
    3. Injury: In the case of injury occurring under such circumstances, the teacher shall provide a written statement from a licensed medical physician regarding the extent and nature of injuries sustained. A teacher shall be entitled to Illness or Injury In-Line-Of-Duty Leave as provided by Florida Statute 1012.63, and Article 12. 02( 2) of this Agreement. After ten (10) work days, the teacher shall receive the salary difference between Workers’ Compensation and regular salary under emergency sick leave status, for such term and under such conditions as the District shall deem appropriate after medical consultation.
  6. Harassment or Discrimination: The District is committed to ensuring equity in school programs and employment practices. The District prohibits harassment and discrimination as provided in Florida Statute 100.05 and School Board Policy. Employees who feel they have been harassed or discriminated against are encouraged to submit a complaint in accordance with board policy.
  7. Nursing Mothers: Protections shall be granted to nursing mothers in accordance with applicable state and federal laws, including Section 7 of the Fair Labor Standards Act. Nursing mothers will be provided with reasonable break time to express breast milk for one year after a child’s birth. The District will provide a place, other than a bathroom, that is shielded from view and free from intrusion by co-workers and the public, which may be used by an employee to express breast milk. Employees must keep their immediate supervisor informed of their needs so that appropriate accommodations can be made with minimal disruption to the employee and the worksite. Nursing mothers who feel they have been denied appropriate accommodations are encouraged to contact Human Resources. Nothing herein shall be construed to expand these protections beyond the limits of applicable state and federal law.
  8. Domestic or Sexual Violence: Protections shall be granted to employees who are victims of domestic or sexual violence in accordance with Florida Statute 743.313. Employees will be provided with leave in accordance with Article 12. The District will ensure that related public records exemptions are provided, may refer reported cases to the appropriate Threat Assessment Team for review, and will allow employees to request a temporary transfer or reassignment. Employees must keep their immediate supervisor informed of their needs so that appropriate accommodations can be made with minimal disruption to the employee and the worksite. Employees who feel they have been denied appropriate accommodations are encouraged to contact Human Resources. Nothing herein shall be construed to expand these protections beyond the limits of applicable state and federal law.

6.03 - Protection of Personal Property: The District shall reimburse each employee if either of the following occurs while they are discharging their duties in accordance with their job description:

  1. Criminal Act: Loss or damage to items of clothing and related personal property worn or carried about the person which is damaged or destroyed as a result of an assault, less any amount paid by insurance.
  2. Negligence: Loss or damage of personal property as a result of negligence by the building administrator or their designee as determined by the appropriate administrator of the Property/Casualty Loss Program within the guidelines of the current Property/Casualty liability guidelines. The total liability of the Board under this section, per teacher occurrence, shall not exceed six hundred dollars ($600) less any amount reimbursed by insurance. A proof of loss statement, including verified replacement value, shall be provided by the teacher.

6.04 - Alcohol, Tobacco, and Drug-free Workplace: Campuses shall be tobacco/smoke-free at all times, including e-Cigarettes and/or vapor cigarettes, per School Board Policy. No employee shall possess, consume, be under the influence of (as defined by the prevailing legal limit) or sell alcoholic beverages or manufacture, distribute, dispense, possess or use alcoholic beverages on the job or in the workplace. Employees are prohibited from using, distributing, manufacturing, processing, selling, cultivating or attempting to sell illegal, controlled substances at any time whether on or off duty or on or off District property.

  1. Notice of Arrest: As a condition of employment, each employee shall notify the appropriate administrator of any arrest/charges involving the sale or possession of drugs within 48 hours of any such arrest/charge.
  2. Notice of Conviction: The District shall take one of the following actions, within thirty (30) days of receiving such notice, with respect to any employee who is so convicted:
    1. Program Participation: Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health officials, law enforcement, or other appropriate agency.
    2. Failure to Participate: If the employee fails to participate satisfactorily in a drug abuse assistance or rehabilitation program, the District will recommend non-reappointment, suspension, or termination of the employee.
    3. Other Personnel Action: Take other appropriate personnel action, up to and including termination.
  3. Alcohol, Tobacco, or Drug Testing: All alcohol, tobacco, or drug testing shall be conducted in accordance with District policy and procedures.
    1. Mandatory: Safety sensitive positions, including those defined by the U.S. Department of Transportation standards, may be required to submit to alcohol, tobacco, or drug testing on a random basis.
    2. Reasonable Suspicion: No employee shall be required to submit to drug or alcohol testing without reasonable suspicion except as otherwise required by law or this agreement. All drug and alcohol testing shall be conducted in accordance with District policy and procedures for drug and alcohol testing.
  4. Exemptions:
    1. Prescription Drugs: Possession or use of prescription drugs by an employee for which they hold the prescription is exempt from this section.
    2. Confiscation: Employees who perform duties which require the disposition or confiscation of alcoholic beverages or controlled substances are exempt from this section if performing those specified duties.
  5. Employee Assistance Program: Employee assistance will be available through Human Resources and the Employee Assistance Program (EAP).
  6. Last Chance Agreement: A first-time Alcohol, Tobacco, and Drug-Free Workplace violation will result in an offer of a Last Chance Agreement (LCA) to the employee, a letter of reprimand (LOR), and/or mandatory referral to EAP, except in cases where aggravating factors exist. Aggravating factors may include any conduct that would be independent grounds for disciplinary action.