PRP 6950 - Drug-Free Workplace Policy

PRP 6950 - Drug-Free Workplace Policy

Issued by: Dr. Robert Parrish, Vice President of Administration and Treasurer

Effective Date: 10/30/91

Illegal or inappropriate use of controlled substances or alcohol by University employees impairs the efficiency of the work force, compromises public health and safety, and undermines the attainment of the mission of this University. Bloomsburg University is concerned with the wellbeing of its employees and the general public, the attainment of a drug-free workplace as well as the need for encouragement of the use of employee assistance programs. Under the University's policy, all employees are prohibited from: The unlawful manufacturing, distributing, dispensing, selling, possessing, or using a controlled substance or alcohol on University property, in University vehicles, or while off the premises performing work functions for the University; or Reporting for work or performing work under the influence of a controlled substance or alcohol; or Using University property or one's position to facilitate the unlawful manufacture, distribution, sale, dispensation, possession or use of a controlled substance or alcohol. Employees are not prohibited under the above from the utilization of controlled substances or alcohol for legitimate research and teaching purposes as approved by the Office of Graduate Studies and Research. Any employee who is convicted of violating any statute governing the unlawful manufacture, distribution, dispensation, possession or use of controlled substances or alcohol in any University workplace shall notify the E.A.P. Coordinator (the Director of Human Resources and Labor Relations shall fulfill the function of the E.A.P. Coordinator until a new position or appointment can be made) of such conviction no later than five (5) days after such conviction. A conviction means a finding of guilty (including a plea of no contest, disposition in lieu of trial or accelerated rehabilitative disposition) or imposition of sentence, or both, by any judicial body charged with responsibility to determine violations of the federal or state criminal drug statutes. Employees who are convicted of controlled substance violations occurring in the work place must satisfactorily participate in an employee assistance program or other rehabilitation program that is approved for such purposes by the E.A.P. Coordinator. An employee who elects such participation may request that disciplinary action be suspended while counseling, rehabilitation or assistance programs are being utilized. An employee who, having successfully participated in such a program again engaged in conduct prohibited by this policy is subject to disciplinary action, as stipulated by the grievance procedures set forth in an appropriate collective bargaining agreement or the Management Rights Policy, State System of Higher Education. Any disciplinary action taken by the University pursuant to this policy against any employee who is not employed pursuant to a collective bargaining agreement may be formally appealed to the University within ten (10) days. An employee who brings such an appeal will have the opportunity to offer evidence and cross-examine the witnesses. Any employee having or suspected of having problems with a controlled substance or alcohol, as may be evidenced by poor or diminished work performance shall be referred to the Employee Assistance Program. An educational program will be established to provide all employees with the most accurate information on alcohol and substance use and abuse. This program, facilitated by the Employee Assistance Program Coordinator, will include information on the following topics: (a) Bloomsburg University's policy of maintaining a drug free workplace, (b) the provisions of the law, (c) issues of confidentiality, (d) the dangers of alcohol and substance abuse, (e) the early signs of alcohol and substance abuse, and (f) the available resources for evaluation, intervention, counseling and rehabilitation. An ongoing program will be instituted to educate new employees regarding this policy and program, and to continually update present employees as new information becomes available. (See the educational program for details.) The Office of the Vice President of Administration is responsible for assuring that the University's Policy on Substance Abuse in the Workplace and information about the Employee Assistance Programs are furnished to all employees via the Employee Assistance Coordinator. Each new employee who is subject to this policy will be furnished a copy and be required to sign a statement stating that he or she has received, reviewed and understands this policy. This policy applies to all employees as stated in the introduction except to the extent of any inconsistency with national, state or local law. Information regarding the use of drugs or alcohol by any individual or the testing results of any employee will be maintained in confidence by the University to the extent practicable under laws, and in accordance with State and Federal Rehabilitation and Privacy Acts. The Office of the Vice President of Administration, with the assistance of the Employee Assistance Program Coordinator, shall: Carry out the implementation, direction, administration and management of the entire Drug-Free Workplace Program; and Assure compliance of the University's policy in accordance with state and federal statutes and regulations, and Coordinate with the Assistant Vice President for Research and Graduate Studies the notification of employee convictions under provision #3 in order that any federal funding agency may be notified of any employee conviction for drug activity at the workplace within 10 days of receiving such notice from the employee. Coordinate the implementation and revisions of the University's policy with labor organizations. Controlled Substance, for the purpose of this policy, is defined as listed in Schedules I through V of Section 202 of the Controlled Substances Act, 21 U.S.C. 812. The lists are available in the Office of Human Resources and Labor Relations and the Office of the E.A.P. Coordinator.

"Drug Free Workplace" Education Program

The strength of the "Drug Free Workplace" policy lies in education, assessment and referral services, short-term counseling an intervention. The entire University community (top-down) needs to have an understanding of the problems and solutions involved in promoting a work environment free from drugs. Thus, the attached educational program is designed to enlighten administrators, faculty and staff. The effective implementation and ongoing success of the program depends on the endorsement and financial commitment of the President and Administration. The key individual employed to carry out this mission needs to have professional experience in a relevant human or mental health field. The development of the program would meet both the needs of the University and the individual: promoting not only a "drug free workplace" but the total concept of wellness. Our research indicates in-house assistance programs are most cost effective, provides greater control, and are more positively accepted by employees and unions. It is essential that the EAP program be highly visible and separate from direct administrative involvement.

Addendum "A" Federal Grant Requirements

This Addendum to the "Drug-Free Workplace Policy and Education Program" provides policy guidance for project directors, principal investigators, and all other employees, including students, working under a federal grand(s), either on the premises of Bloomsburg University or at an approved off-campus worksite. Authority To comply with the Drug-Free Workplace Act of 1988 (Public Law 100-690), effective March 18, 1989, organizations that receive federal grants are required to establish a formal written policy which informs employees that the use, distribution and possession of illegal drugs in the workplace are prohibited. (see: Bloomsburg University's Drug-Free Workplace Policy and Education Program, including Addendum "A" - Federal Grant Requirements) Responsibility The Director of Human Resources is responsible for publishing and implementing the University's drug-free workplace policy and distributing copies to all employees. The Director of Human Resources is also responsible for taking any personnel action for violations of a criminal drug statute (see: page 3, item 5.), and for informing the Associate Vice President and Dean of Graduate Studies & Research of any convictions reported by employees working under a grant funded by a federal agency (ies). (see: page 2, item 3.) The Associate Vice President and Dean of Graduate Studies & Research is responsible for notifying the funding agency (ies) in writing of any convictions reported to the Director of Human Resources. (see: page 2, item 4.) The Director of Research and Sponsored Programs is responsible for ensuring that the official form, "Certification Regarding Drug-Free Workplace Requirements for Grantees Other Than Individuals," is completed and submitted to the cognizant federal agency prior to the award of a grant. The Director of Research and Sponsored Programs is also responsible for obtaining a signed "Statement of Assurance of Compliance" with the University's drug-free workplace policy from individuals employed under a federal grant. (see: Addendum "A".) The project director/principal investigator is responsible for keeping the Director of Research and Sponsored Programs informed of the names, position titles, and worksites of all employees working on a federal grant in order that signed statements of assurance with the university policy are obtained.

Certification Regarding Drug-Free Workplace Requirements For Grantees Other Than Individuals

As a precondition of receiving a federal grant, Bloomsburg University certifies that it will or will continue to provide a drug-free workplace by: Providing a copy of the University's Drug-Free Workplace Policy and Education Program," including Addendum "A" - Federal Grant Requirements, to each employee to be engaged in the performance of the grant; Obtaining a signed statement of compliance with the University policy from individuals employed under a federal grant; Informing each employee to be engaged in the performance of the grant that, as a condition of employment under the grant, the employee will notify the employer (Bloomsburg University Director of Human Resources) in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace not later than five calendar days after such conviction; Notifying the funding agency in writing, within ten calendar days of receiving notice under item 3 above from an employee or otherwise receiving actual notice of each conviction. Employers of convicted employees must provide notice, including position title, to every federal grant officer of other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the e receipt of such notices. Notice shall include the identification number (s) of each affected grant; Taking appropriate personnel action against such an employee, within 30 calendar days of receiving notification under item 3 above, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or requiring each employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue; to maintain a drug-free workplace through implementation of the Bloomsburg University "Drug-Free Workplace Policy and Education Program," including Addendum "A" - Federal Grant Requirements, and by providing an ongoing drug-free awareness program. Please note: Information regarding certification requirements for grantees may be obtained from the University grants office.

Definitions

Controlled substance means a controlled substance in schedules I through V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulations at 21 CFR 1308.11 through 1308.15. Conviction means finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes. Criminal drug statute means a federal or non-federal criminal statute involving the manufacture distribution, dispensing, use, or possession of any controlled substance. Drug-free workplace means a site for the performance of work done in connection with a specific grant at which employees of the grant (Bloomsburg University) are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance; Employee means the employee of a grantee (Bloomsburg University) directly engaged in the performance of work under the grant, including all "direct charge" employees, all "indirect charge" employees, unless their impact or involvement is insignificant to the performance of the grant. Also included are student employees and temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the payroll; or employees of sub recipients or subcontractors in covered workplaces).