Drug-Free Workplace Policy

The university supports and maintains a drug-free working and living environment to provide for the health and safety of students, employees, and visitors. This policy prohibits the unlawful manufacture, distribution, dispensation, possession, or use of alcohol, illegal drugs, intoxicants, or controlled substances; inappropriate use of prescription drugs at work; unauthorized use of alcohol by university employees on university premises or in university vehicles on or off campus; and working under the influence of alcohol or while unlawfully using controlled substances.

Testing that is conducted after there is reasonable cause for suspicion of using or being under the influence of drugs or alcohol while at work.

 Testing based upon observable signs and symptoms of possible drug/alcohol use  Testing conducted during a time when individual exhibits signs and symptoms  Not based upon second hand reports  Decision to test made by 2 supervisors who concur

Observation/Documentation (two supervisors) Collective Bargaining Agreement considerations Notification to individual Consent or Refusal to consent Specimen Collection Transportation HR notification Test Results

When a supervisor is notified an individual may be in violation of the Drug- Free Workplace Policy, the supervisor must observe the individual ’s behavior and immediately complete the Reasonable Suspicion Testing Checklist. If the supervisor believes there is reasonable suspicion the individual may be in violation of the policy, the supervisor must contact their manager (if unavailable, another witness such as a supervisor, manager, or human resource professional must be utilized). The second witness must also observe the individual ’s behavior and complete a separate Reasonable Suspicion Testing Checklist.

After completing the Reasonable Suspicion Testing Checklist, if the supervisor and witness believe the individual may be in violation of the policy, the supervisor and witness must escort the individual to an area where a conversation with the individual can be held in private. When feasible, an OHR Employee and Labor Relations Consultant must be consulted.

Both the supervisor and a second witness:  involved in all steps of the process  fully document the events immediately

If the employee is covered under a collective bargaining agreement and the employee requests steward representation, the employee will have the right to consult with a union steward. If requested, up to one half hour will be made available to obtain this consultation.

The supervisor will  Inform individual of a potential violation of the Drug-Free Workplace Policy  Inform individual of supervisor and witness observations  Ask individual to offer an explanation of the observed behaviors “What explanation do you have for these behaviors?” Both supervisor and witness will document the conversation (including a note if the individual declined to comment).

If both supervisor and witness believe the individual is in violation of the Drug-Free Workplace policy:  Inform employee they believe he/she is in violation of the policy  Ask individual to submit to a reasonable suspicion drug/alcohol test  Ask individual to sign and complete the Reasonable Suspicion Testing Consent Form (i.e., CONSENT FORM) indicating the individual’s consent or refusal to the screening

“At this time, we believe you are in violation of the Drug-Free Workplace Policy and are requesting that you submit to a reasonable suspicion drug/alcohol test. This test will involve screenings to detect the presence of alcohol or drugs in your system. A positive test could result in corrective action, up to and including termination of your employment. Please read this consent form and sign in the appropriate area to indicate either your consent to or your refusal to the test. Failure to submit to and/or complete this testing may lead to corrective action, up to and including termination of your employment.” If the individual is 17 years of age or younger, the parent or guardian must be contacted to provide consent.

Individual Refuses Testing or Individual Consents to Testing

 Tell individual that refusal to submit to and complete the testing could subject them to corrective action up to and including termination of employment  Again – ask individual to submit to the testing  If the individual again refuses, inform individual that the refusal could subject them to corrective action and inform the individual to report to duty at their next assigned shift

 Instruct individual to make arrangements to be taken home safely  If individual insists upon driving, inform individual that both campus and local police may be notified and again instruct the individual to make arrangements to get home safely  If the individual refuses, supervisor may obtain vehicle information and notify campus and local police that the caller is the supervisor of an individual suspected of being in violation of the Drug-Free Workplace Policy and that the suspected individual may be attempting to operate a motor vehicle

 Report refusal to unit HR as soon as possible  Provide original copies of checklists, consent form, and other documentation to unit HR  Unit HR must notify their OHR Employee and Labor Relations Consultant as soon as possible

Once individual consents to testing.... Supervisor contacts and informs the appropriate specimen collector that they are the supervisor of an individual suspected of being in violation of the Drug-Free Workplace Policy and that the suspected individual will be transported to the specimen collection location for a drug/alcohol test screening.

 Immediately fax a copy of the completed Reasonable Suspicion Testing Checklists, Consent Form, and any other relevant documentation to attention of “MEDICAL REVIEW OFFICER”  The supervisor and witness will transport the individual to the collection location  If there is a safety concern, contact the University Police at and a request will be made for an officer to follow the transporting vehicle containing the supervisor, manager and individual

 Supervisor and witness remain with the individual while at the collection location.  If individual refuses to cooperate in the testing process, supervisor must tell individual that refusal to submit to and complete the testing will subject them to corrective action up to and including termination of employment.  If after reasonable efforts have been made to enable the individual to provide a breath or urine specimen and the individual is unable to do so, an evaluation by Employee Health Services or other surrogate medical personnel (Dr. Paul Kirk – pager) is to be conducted to establish medical impediment to providing a specimen. If no medical impediment exists, it is considered a refusal to test.

 Inform the individual to report to duty at their next assigned shift  Instruct employee to make arrangements to be taken home safely  If individual insists upon driving, inform individual that both campus and local police may be notified and again instruct the individual to make arrangements to get home safely  If the individual refuses, supervisor may obtain vehicle information and notify campus and local police that the caller is the supervisor of an individual suspected of being in violation of the Drug-Free Workplace Policy and that the suspected individual may be attempting to operate a motor vehicle

 Report incident to unit HR as soon as possible  Provide original copies of checklists, consent form, and other documentation to unit HR  Unit HR must notify their OHR Employee and Labor Relations Consultant as soon as possible

 Test results will be reviewed by the Medical Review Officer (MRO)  MRO will determine if a policy violation occurred  MRO will forward determination (“positive” or “negative”) to the OHR employment law and compliance manager  OHR will work with the college/unit senior human resource professional to determine next steps

 If an individual refuses to sign the CONSENT FORM but agrees to submit to and complete the specimen collection process, this would not be considered a “refusal” and should not be reported as such. The remainder of the process should be followed as if the employee had provided consent.  Establish how your department will provide back up witnesses to supervisors during evenings, weekends, and holidays. (such as call lists, on call lists, etc.)  The goal of this policy is to maintain a SAFE working and living environment. The intent is not to police behavior.

QUESTIONS ? Contact your unit HR department or your OHR Employment and Labor Relations Consultant