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Drug Free Workplace Policy

Purpose 

In compliance with the Drug-Free Workplace Act of 1988 and Drug Free Schools and Communities Act of 1989, Christian Brothers University has a longstanding commitment to provide a safe, quality-oriented and productive work environment consistent with the standards of the community in which the University operates. Alcohol and drug abuse poses a threat to the health and safety of Christian Brothers University employees and to the security of the University’s equipment and facilities. For these reasons, Christian Brothers University is committed to the elimination of drug and alcohol use and abuse in the workplace. 

Scope 

This policy outlines the practice and procedure designed to correct instances of identified alcohol and drug use in the workplace. This policy applies to all employees, including student employees. The Human Resource (HR) department is responsible for policy administration. 

Policy 

It is CBU’s desire to provide a drug-free, healthy and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a safe and satisfactory manner. 

CBU employees, including student employees, are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession or use, or being under the influence of illegal drugs, or alcohol on the University campus or as a part of University activities. 

The moderate use of alcohol is permitted at University-sponsored social events and while conducting business-related activities on or off CBU premises. 

The legal use of prescribed drugs is permitted on the job only if it does not impair an employee’s ability to perform the essential functions of the job effectively and in a safe manner, and does not endanger other individuals in the workplace. 

CBU will not conduct random examinations of personal property and effects, however, under certain circumstances where reasonable suspicion exists, CBU reserves the right of search and/or surveillance while on CBU property by designated officials of CBU and/or government law enforcement officials. 

The right of search and surveillance will apply to employees, their possessions, and CBU-issued equipment and containers under employee control and all other property on CBU’s premises, whether owned by the employee or not or while conducting CBU business. 

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 to assist employees with drug or alcohol problems. 

Employee Assistance 

Christian Brothers University will assist and support employees who voluntarily seek help for such problems before becoming subject to discipline or termination under this or other Christian Brothers University policies. Such employees will be allowed to use accrued paid time off, placed on leaves of absence, referred to treatment providers and otherwise accommodated as required by law. Such employees may be required to document that they are successfully following prescribed treatment and to take and pass follow-up tests if they hold jobs that are safety-sensitive or require driving, or if they 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, however, disclose to Christian Brothers University underlying medical conditions unless directed to do so. 

Work Rules 
  1. Whenever employees are working, are operating any Christian Brothers University vehicle, are present on Christian Brothers University premises or are conducting University-related work offsite, they are prohibited from: 
    • Using, possessing, buying, selling, manufacturing or dispensing an illegal drug (to include possession of drug paraphernalia). 
    • Being under the influence of alcohol or an illegal drug as defined in this policy. 
    • Moderate consumption of alcohol at University sponsored events where alcohol has been provided or approved, will be allowed under this policy. Moderate consumption of alcohol during non-work time while traveling on University business or moderate consumption while attending a meeting or conference approved by the University is also permitted. However, being under the influence of alcohol as defined under the policy, even at a University sponsored or approved event(s) will be considered a violation of the policy and subject to the terms stated within. 
  2. The presence of any detectable amount of any illegal drug or illegal controlled substance in an employee’s body system, while performing University business or while in a University facility, is prohibited. 
  3. Christian Brothers University will also not allow employees to perform their duties while taking prescribed drugs that are adversely affecting their ability to safely and effectively perform their job duties. Employees taking a prescribed medication must carry it in the container labeled by a licensed pharmacist or be prepared to produce it if asked. 
  4. Any illegal drugs or drug paraphernalia will be turned over to an appropriate law enforcement agency and may result in criminal prosecution. 
Required Testing 

Employees are subject to testing based on (but not limited to) observations by the supervision of apparent workplace use, possession or impairment. HR, the V.P. for Administration & Finance or the President 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. If the results of the Observation Checklist indicate further action is justified, the manager or supervisor should confront the employee with the documentation or with another member of management. Under no circumstances will the employee be allowed to drive himself or herself to the testing facility. A member of supervision/management must escort the employee; the supervisor/manager will make arrangements for the employee to be transported home. 

In keeping with the goals established by the Drug Free Schools and Communities Act, and where reasonable suspicion exist, employees may be asked to provide body substance samples (e.g., blood, urine) to determine the illicit use of drugs. CBU will attempt to protect the confidentiality of all drug test results. 

Each employee will be given a copy of the Drug Free Schools and Communities policy and the following items will be reviewed and explained in detail to them on the date they begin work: 

1. Managers are required to report any alcohol or drug use in the workplace of which they have knowledge. Failure to do so could expose the manager to personal liability and disciplinary action. The university may also be exposed to liability if the manager acted outside the scope of his/her authority. Managers should focus on work performance issues. This includes documentation and counseling about unacceptable performance and behavior. Managers should discuss the facts with the department administrator and/or contact the resources listed below. 

Common indirect indicators (if present, may indicate possible drug or alcohol use): 

  • Missed work time 
  • Long breaks 
  • Patterns of absence (Monday mornings, Friday afternoons) 
  • Unexplained mood swings 
  • Sudden changes in performance 
  • Gradual worsening of performance 

If these conditions appear or persist, managers should discuss them with the employee and document them as work performance issues. Manager may also want to note the impact of the performance of behavior upon the unit’s ability to meet its goals. For further guidance, managers may seek assistance from UFSAP or from the Office of Human Resources, Consulting Services. 

Common Direct indicators (if present, seek assistance on testing for reasonable suspicion): 

  • Difficulty walking 
  • Slurred speech 
  • Smell of alcohol on breath 
  • Severe confusion or disorientation 

These conditions indicate a high probability that the employee is currently under the influence of drugs or alcohol. Certain medical conditions can also cause these symptoms, thus, it is important to troubleshoot the situation before taking action. 

2. The employee should be told immediately by a supervisor that he/she is exhibiting behavior that is affecting or is interfering with the safety of the employee or coworkers. The supervisor should request any employee believed to be under the influence of drugs or alcohol to leave the work area immediately and arrange for the employee to wait in a non-work area until a determination can be made as to whether the employee is fit for duty or whether the employee should be required to submit to a drug test according to the procedures set forth below. 

3. The employee should be given the opportunity to explain his/her behavior. 

4. Alcohol or drug tests administered at the request of CBU because there is reasonable suspicion of a drug use or alcohol abuse will be performed at CBU’s expense. 

5. An employee who is tested for reasonable suspicion may be withheld from service until test results are received by the University. Such time away from work will be paid by the University, unless the employee tests are confirmed positive. 

Refusal to Submit to Drug Test 

Subject to any limitations imposed by law, a refusal to provide a body substance sample under the conditions described above is considered insubordination and may result in disciplinary action, up to and including termination of employment. 

Collection and Testing Procedures 

Employees subject to alcohol testing should be driven to a Christian Brothers University 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 that identify 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 University’s discretion. For purposes of this policy, test results generated by law enforcement or medical providers may be considered by the University as work rule violations. 

Applicants and employees subject to drug testing should be driven to a Christian Brothers University -designated medical facility and directed to provide urine specimens. Applicants and employees may provide specimens in private unless they appear to be submitting altered, adulterated 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 propoxyphene 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 Christian Brothers University, 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 own expense. Such requests must be made within 72 hours of notice of test results. If the second facility fails to find any 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 Christian Brothers University until such time that the MRO has confirmed the test to be positive. 

Follow-up 

Employees who have tested positive, or otherwise violated this policy, are subject to discipline, up to and including discharge. Depending on the circumstances and the employee’s work history/record, Christian Brothers University may offer an employee who violates this policy or tests positive the opportunity to return to work on a last-chance basis pursuant to mutually agreeable terms, which could include follow-up drug testing at times and frequencies determined by Christian Brothers University for a minimum of one year but not more than two 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. 

Consequences 

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

Employees who refuse to cooperate in required tests or who use, possess, buy, sell, manufacture or dispense an illegal drug in violation of this policy will be terminated. If the employee refuses to be tested, yet the University believes he or she is impaired, under no circumstances will the employee be allowed to drive himself or herself 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 results of the test are received, a date and time will be scheduled to discuss the results of the test; this meeting will include a member of management/supervision and HR. Should the results prove to be negative, the employee will receive back pay for the times/days of suspension. 

Consequences of a Positive Drug Test 

Before corrective action is imposed, employees will be given the opportunity to explain positive test results. 

  • An employee’s statement regarding drug or alcohol use should, whenever practical, be documented prior to initial testing. 
  • CBU provides confidential counseling and referral services to employees. An employee who tests positive for drugs and/or alcohol will be required to provide proof of successful completion of a drug and/or alcohol abuse treatment or rehabilitation program before being considered for return to work. Continued employment, however, will be based upon the employee’s performance and is not guaranteed by participation in a treatment or rehab program. 
  • An employee who has been allowed to return to work after testing confirmed positive normally will be discharged immediately for a confirmed positive result on any subsequent drug or alcohol test. 
  • In cases where a positive drug test is confirmed, consideration will be given to available rehabilitation where appropriate. All costs associated with any treatment or rehab program are to be born by the employee or his or her insurance carrier. 
  • An employee who tests positive and who successfully completes rehabilitation will be subject to unscheduled testing for a six-month period following reinstatement. 
  • Employees with drug or alcohol problems that have not resulted in disciplinary action may request approval to take unpaid time off to participate in a rehabilitation or treatment program. Such unpaid leave may be granted if the employee agrees to abstain from use of the problem substances, abides by all University policies, rules, and prohibitions relating to conduct in the work place, and if granting the leave will not cause the University any undue hardship. 
  • Questions concerning this policy or its administration should be directed to Human Resources. 
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 normal personnel files. Such records and information may be disclosed among managers and supervisors on a need-to-know basis and 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 

Christian Brothers University reserves the right to inspect all portions of its premises for unauthorized drugs, alcohol or other contraband. All employees, contract employees and visitors may be asked to cooperate in inspections of their persons, work areas and property that might conceal a drug, alcohol or other contraband. Employees who possess such contraband or refuse to cooperate in such inspections are subject to appropriate discipline, up to and including discharge. 

Crimes Involving Drugs 

Christian Brothers University prohibits all employees, including employees performing work under government contracts, from manufacturing, distributing, dispensing, possessing or using an illegal drug in or on University premises or while conducting University business. Christian Brothers University 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. 

Christian Brothers University 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, Christian Brothers University reserves the right to take appropriate disciplinary action for drug use, sale or distribution while off University 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 five 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 past record at CBU. 

Definitions 
  • “University premises” includes all buildings, offices, facilities, grounds, parking lots, lockers, places and vehicles owned, leased or managed by Christian Brothers University or on any site on which the University is conducting business. 
  • “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. 
  • “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 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 prior to 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” 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” 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 in the course of medical treatment (containers must include the patient’s name, the name of the substance, quantity/amount to be taken and the period of authorization). 
Reasonable Suspicion Testing Protocol 
  1. The employee will be advised that Christian Brothers University believes that there is reasonable suspicion to believe that he or she is affected by illegal drugs or alcohol and that this test is being offered to confirm or deny this suspicion. 
  2. The employee will be transported to any one of the University’s contracted testing facilities (e.g., health services, prompt care or the emergency department). One member of management or a designated attendant will accompany the employee. Under no circumstances will the employee be allowed to drive himself or herself to the testing facility. 
  3. Prior to leaving for the testing facility, supervision/management will contact the testing facility to inform it that an employee from Christian Brothers University will be arriving and will need a drug or alcohol test completed. 
  4. The employee should be provided water to drink prior to leaving the University premises. 
  5. The employee should be given reasonable time—not to exceed 15 minutes—to secure photo ID in the University of a Christian Brothers University representative. 
  6. The employee to be tested must present a photo ID (i.e., a driver’s license or state ID card) to the testing facility staff before the specimen can be obtained. Ensure that the employee brings the photo ID with him or her when leaving Christian Brothers University premises. 
  7. The employee to be tested must sign a consent form provided by the testing facility. Refusal to sign is addressed under the “Consequences” section of this document. 
  8. A Christian Brothers University representative must sign as a witness to the collection procedure, along with the tested employee. 
  9. After returning to the University or when leaving the testing facility, the supervisor/manager must make arrangements to transport the person home (unless testing results are immediate). Under no circumstances will the tested employee be allowed to drive himself or herself home. 
Policy Review 

The Drug-Free Schools and Communities Act requires colleges and universities to annually review the statement of policy with faculty and staff. All employees and students are subject to applicable laws related to this matter and any violation of this policy will result in disciplinary action up to and including expulsion or termination of employment with the university and referral for prosecution or mandatory satisfactory participation in a drug or alcohol abuse assistance program. 

The legal use of prescribed drugs is permitted on the job only if the use does not impair a faculty or staff member’s ability to perform the essential functions of the job effectively and in a safe manner, and does not endanger other individuals in the workplace. 

Health Risks 

Health risks associated with the excessive use of alcohol include damage to the liver and heart; impairment of brain activity, digestion, and blood circulation; and impairment of judgment and memory. The abuse of illicit drugs can lead to organic damage, impairment of physiological processes, and impairment of mental functioning. The risk of hepatitis, AIDS, and other infections increases if illicit drugs are injected, Alcohol and other drugs can be fatal in excessive amounts or in certain combinations. 

Legal Sanctions 

Various federal, state and local statutes make it unlawful to manufacture, distribute, dispense, deliver, sell or possess with intent to manufacture, distribute, dispense, deliver or sell, controlled substances. Possible maximum penalties for a first-time violation include imprisonment for any period of time up to a term of life imprisonment; a fine of up to $4,000,000 if an individual; supervised release; any combination of the above; or all three. These sanctions are doubled when the offense involves either: 

1.) distribution or possession at or near a school or college campus or, 
2.) distribution to persons under 21 years of age. 

Repeat offenders may be punished to a greater extent as provided by statute. Further, a civil penalty of up to $10,000 may be assessed for simple possession of “personal use amounts” of certain specified substances under federal law. Under state law, the offense of possession or casual exchange is punishable as a Class A misdemeanor; if there is an exchange between a minor and an adult at least two years the minor’s senior, and the adult knew that the person was a minor, the offense is classified a felony. 

It is unlawful for any person under the age of twenty-one to buy, possess, transport (unless in the course of his employment), or consume alcoholic beverages, wine, or beer. Such offenses are classified as Class A misdemeanors punishable by imprisonment for not more than 11 months, 20 days, or a fine of not more than $2,500, or both. It is further an offense to provide alcoholic beverages to any person under the age of twenty-one, such offense being classified as a Class C misdemeanor punishable by imprisonment of not more than 30 days or a fine of not more than $50, or both 

Available Drug and Alcohol Counseling 

In the Memphis area community there are a variety of services available that can provide confidential referral, information, and/or counseling to anyone in need: 

Alcoholics Anonymous........................................ (901) 454-1414 
Narcotics Anonymous......................................... (901) 276-5483 
Lakeside Behavioral Health Services................... (800) 232-5253 
Family Services of the Mid-South......................... (901) 324-3637 
Church Health Center.......................................... (901) 272-0003 
Suicide and Crisis Intervention............................ (901) 274-7477 

Policy D.2 in CBU’s Policies and Procedures Manual