PURPOSE

In compliance with the Drug-Free Workplace Act of 1988, the College has a longstanding commitment to providing a safe, quality-oriented, and productive work environment consistent with the standards of the College Community in which the College operates. Alcohol and drug abuse poses a threat to the health and safety of Employees and the security of the College’s equipment and facilities. For these reasons, the College is committed to the elimination of drug and alcohol use and abuse in the workplace.

SCOPE

This Policy outlines the practice and procedure for correcting instances of identified alcohol and drug use in the workplace.

This Policy applies to all college Employees and applicants for a position where an offer of employment is made contingent on the successful completion of a drug screen. The Human Resources (HR) Department is responsible for policy administration.

SUBSTANCE ABUSE AWARENESS

Illegal drug use and alcohol misuse have many serious adverse health and safety consequences. Information about those consequences and sources of help for drug or alcohol problems is available from the HR Department, which has been trained to make referrals and assist Employees with drug or alcohol problems.

EMPLOYEE ASSISTANCE

The College will assist and support Employees who voluntarily seek help for such problems before becoming subject to discipline or termination under this or other college policies. Such Employees will be allowed to use accrued paid time off, be placed on leaves of absence, be referred to treatment providers, and otherwise be accommodated as required by law. Such Employees may be required to document that they are following prescribed treatment and to take and pass follow-up tests if they hold safety-sensitive jobs, need driving, or have violated this Policy previously. Once a drug test has been scheduled unless otherwise required by the Family and Medical Leave Act or the Americans with Disabilities Act, the Employee will have forfeited the opportunity to be granted a leave of absence for treatment and possible discipline, up to and including discharge, will be unavoidable.

Employees should report to work fit for duty and free of any adverse effects of illegal drugs or alcohol. This Policy does not prohibit Employees from the lawful use and possession of prescribed medications. Employees must, however, consult with their doctors about the medications’ effect on their fitness for duty and ability to work safely, and they must promptly disclose any work restrictions to their supervisor. Employees should not disclose underlying medical conditions to the college unless directed.

WORK RULES

• Whenever Employees are working, are operating any college vehicle, are present on the College Premises, or are conducting college-related work offsite, they are prohibited from:

  • Using, possessing, buying, selling, manufacturing, or dispensing an illegal drug (including possession of drug paraphernalia).

  • Being under the influence of alcohol or an illegal drug as defined in this Policy.

  • Possessing alcohol.

*This Policy does not pertain to Culinary Arts/Food Service programs where alcohol is used in food preparation, nor does it apply to field sobriety testing conducted in the Police Science program, Police Recruit Training, and Police In-Service training.

• The presence of any detectable amount of any illegal drug or illegal controlled substance in an Employee’s body system while performing college business or while on a College Premises is prohibited.

• The College will also not allow an Employee to perform duties while taking prescribed drugs that adversely affect their ability to perform their duties safely and effectively. Employees taking prescribed medication must carry it in a container labeled by a licensed pharmacist or be prepared to produce it if asked.

• Any illegal drugs or drug paraphernalia will be turned over to an appropriate law enforcement agency and may result in criminal prosecution.

REQUIRED TESTING

Pre-Employment

• Candidates for positions that require a DOT Commercial Driver’s License (CDL) must pass a drug test before beginning work. Employment offers are contingent on the successful completion of a drug screen. Refusal to submit to testing will result in disqualification from further employment consideration.

Reasonable Suspicion

Employees are subject to testing based on (but not limited to) observations by the supervision of apparent workplace use, possession, or impairment. The Executive Director of Human Resources/CHRO or another Executive Council member should be consulted before sending an Employee for testing. All levels of supervision making this decision must use the Observation Checklist to document specific observations and behaviors that create a reasonable suspicion that the person is under the influence of illegal drugs or alcohol. One or more checklist observations may constitute reasonable suspicion. If the results of the Observation Checklist indicate further action is justified, The manager or supervisor should confront the Employee and another management member with the documentation. Under no circumstances will the Employee be allowed to drive themself to the testing facility. A member of supervision/management must escort the Employee; the supervisor/manager will arrange for the Employee to be transported home.

Post-Accident

• Employees are subject to testing when they cause or contribute to accidents that seriously damage College Premises or College Resources and injure themselves or another Employee requiring offsite medical attention. A circumstance that constitutes probable belief will be presumed to arise in any instance involving a work-related accident or injury in which an Employee who was operating a motorized vehicle (including a college forklift, pickup truck, shuttle bus, overhead cranes, and aerial/man-lifts) is found to be responsible for causing the accident. Employees are responsible for timely reporting of all accidents; failure to timely report will result in disciplinary action up to and including the termination of employment. In any of these instances, the investigation and subsequent testing must occur within two (2) hours following the accident, if not sooner. Under no circumstances will the Employee be allowed to drive themself to the testing facility.

Follow-Up

• Employees who have tested positive or otherwise violated this Policy are subject to discipline, including discharge. Depending on the circumstances and the Employee’s work history/record, the College may offer an Employee who violates this Policy or tests positive the opportunity to return to work on a last-chance basis under mutually agreeable terms, which could include follow-up drug testing at times and frequencies determined by the College for a minimum of one (1) year but not more than two (2) years as well as a waiver of the right to contest any termination resulting from a subsequent positive test. If the Employee either does not complete the rehabilitation program or tests positive after completing the rehabilitation program, the Employee will be subject to immediate discharge from employment.

COLLECTION AND TESTING PROCEDURES

Employees subject to alcohol testing should be driven to a college-designated facility and directed to provide breath specimens. Breath specimens should be tested by trained technicians using federally approved breath alcohol testing devices capable of producing printed results identifying the Employee. If an Employee’s breath alcohol concentration is .04 or more, a second breath specimen should be tested approximately 20 minutes later. The results of the second test should be determinative. Alcohol tests may, however, be a breath, blood, or saliva test at the College’s discretion. For purposes of this Policy, test results generated by law enforcement or medical providers may be considered by the College as work rule violations.

Candidates and Employees subject to drug testing should report to a college-designated medical facility to provide a urine sample. Employees being sent for reasonable suspicion should not drive themselves, but a member of management should drive the Employee to test and arrange for transportation back to their residence.

Applicants and Employees may provide specimens in private unless they appear to be submitting altered, degraded, or substitute specimens. Collected specimens should be sent to a federally certified laboratory and tested for evidence of marijuana, cocaine, opiates, amphetamines, PCP, benzodiazepines, methadone, methaqualone, and propoxphane use (Where indicated, specimens may be tested for other illegal drugs). The laboratory should screen all specimens and confirm all positive screens. There must be a chain of custody from the time specimens are collected through testing and storage.

The laboratory should transmit all positive drug test results to a Medical Review Officer (MRO) retained by the College, who should offer persons with positive results a reasonable opportunity to rebut or explain the results. Individuals with positive test results may also ask the MRO to have their split specimen sent to another federally certified laboratory to be tested at the applicant’s or Employee’s expense. Such requests must be made within 72 hours of notice of test results. If the second facility fails to find evidence of drug use in the split specimen, the Employee or applicant will be treated as passing the test. In no event should a positive test result be communicated to the College until the MRO has confirmed the test to be positive.

CONSEQUENCES

Candidates who refuse to cooperate in a drug test or who test positive will not be hired or allowed to reapply/retest in the future.

Employees who refuse to cooperate in required tests or use, possess, buy, sell, manufacture, or dispense an illegal drug violating this Policy will be terminated. If the Employee refuses to be tested, yet the College believes they are impaired, under no circumstances will the Employee be allowed to drive themself home.

The first time an Employee tests positive for alcohol or illegal drug use under this Policy, the result will be discipline up to and including discharge.

Employees will be paid for time spent in alcohol or drug testing and then suspended pending the results of the drug or alcohol test. After the test results are received, a date and time will be scheduled to discuss the results; this meeting will include a member of management/supervision, a union representative (if requested), and HR. Should the results prove harmful, the Employee will receive back pay for the times/days of suspension.

CONFIDENTIALITY

Information and records relating to positive test results, drug and alcohol dependencies, and legitimate medical explanations provided to the MRO should be kept confidential to the extent required by law and maintained in secure files separate from regular personnel files. Such records and information may be disclosed among managers and supervisors on a need-to-know basis. They may also be disclosed when relevant to a grievance, charge, claim, or other legal proceeding initiated by or on behalf of an Employee or applicant.

INSPECTIONS

The College reserves the right to inspect all portions of its premises for drugs, alcohol, or other contraband; affected Employees may have union representation involved in this process. All Employees, contract Employees, and visitors may be asked to cooperate in inspecting their persons, work areas, and property that might conceal a drug, alcohol, or other contraband. Employees who possess contraband or refuse to cooperate in such inspections are subject to appropriate discipline, including discharge.

CRIMES INVOLVING DRUGS

The College prohibits all Employees, including those performing work under government contracts, from manufacturing, distributing, dispensing, possessing, or using an illegal drug in or on College Premises or while conducting college business. College Employees are also prohibited from misusing legally prescribed or over-the-counter (OTC) drugs. Law

enforcement personnel should be notified, as appropriate, when criminal activity is suspected.

The College does not desire to intrude into the private lives of its Employees but recognizes that Employees’ off-the-job involvement with drugs and alcohol may have an impact on the workplace. Therefore, the College reserves the right to take appropriate disciplinary action for drug use, sale, or distribution while off college premises. All Employees who are convicted of, plead guilty to, or are sentenced for a crime involving an illegal drug are required to report the conviction, plea, or sentence to HR within three (3) days. Failure to comply will result in automatic discharge. Cooperation in complying may result in suspension without pay to allow management to review the nature of the charges and the Employee’s record with the College. Management will then determine the future employment status based on this review.

REASONABLE SUSPICION AND POST-ACCIDENT TESTING PROTOCOL

Step 1. The Employee will be advised that the College believes that there is reasonable suspicion to believe that they are affected by illegal drugs and alcohol (or due to the nature of the accident, the policy mandates this) and that this test is being offered to confirm or deny this suspicion.

Step 2. The Employee will be transported to any of the College’s contracted testing facilities (e.g., health services, prompt care, or the emergency department). One (1) member of management or a designated attendant will accompany the Employee. Under no circumstances will the Employee be allowed to drive themself to the testing facility.

Step 3. Before leaving for the testing facility, supervision/management will contact the facility to inform it that an Employee from the College will be arriving and will need a drug or alcohol test completed.

Step 4. The Employee should be provided water to drink before leaving the College premises.

Step 5. The Employee should be given a reasonable time—not to exceed 15 minutes—to secure a photo ID in the company of a college representative.

Step 6. Before the specimen can be obtained, the Employee to be tested must present a photo ID (e.g., a driver’s license or state ID card) to the testing facility staff. Ensure that the Employee brings a photo ID when leaving the College Premises.

Step 7. The Employee to be tested must sign a consent form provided by the testing facility. Refusal to sign is addressed under this Policy's “Consequences” section.

Step 8. The tested Employee and a college representative must sign as witnesses to the collection procedure.

Step 9. After returning to the College or leaving the testing facility, the supervisor/manager must arrange to transport the person home (unless testing results are immediate). Under no circumstances will the tested Employee be allowed to drive themself home.

ENFORCEMENT

The HR Department is responsible for policy interpretation, administration, and enforcement.

DEFINITIONS

Illegal Drug – Illegal drug means a substance whose use or possession is controlled by federal law, but that is not being used or possessed under the supervision of a licensed health care professional (Controlled substances are listed in Schedules I-V of 21 C.F.R. Part 1308).

Refuse To Cooperate – Refuse to cooperate means to obstruct the collection or testing process; to submit an altered, adulterated, or substitute sample; to fail to show up for a scheduled test; to refuse to complete the requested drug testing forms; or to fail to promptly provide a specimen(s) for testing when directed to do so, without a valid medical basis for the failure. Employees who leave the scene of an accident without justifiable explanation before submission to drug and alcohol testing will also be considered to have refused to cooperate and will automatically be subject to discharge.

Under The Influence of Alcohol – Under the influence of alcohol means an alcohol concentration equal to or greater than .04 or actions, appearance, speech, or bodily odors that reasonably cause a supervisor to conclude that an Employee is impaired because of alcohol use.

Under The Influence of Drugs – Under the influence of drugs means a confirmed positive test result for illegal drug use per this Policy. In addition, it means the misuse of legal drugs (prescription and possibly OTC) when there is not a valid prescription from a physician for the lawful use of a drug during medical treatment (containers must include the patient’s name, the name of the substance, quantity/amount to be taken and the period of authorization).