The College has a longstanding commitment to provide a safe and productive work environment. Alcohol and drug abuse pose a threat to the health and safety of employees and to the security of our students, equipment, and facilities. For these reasons, the College is committed to the elimination of drug and/or alcohol use and abuse in the workplace.
This policy outlines the practice and procedure designed to correct instances of identified alcohol and/or drug use in the workplace. This policy applies to all employees and all applicants for employment of the College. Human Resources is responsible for policy administration.
Employee Assistance and Drug-Free Awareness. Illegal drug use and alcohol misuse have a number of adverse health and safety consequences. Information about sources of help for drug/alcohol problems is available from Human Resources. See Article Employee Assistance Program (EAP).
The College will assist and support employees who voluntarily seek help for such problems before becoming subject to discipline and/or termination under this or other policies. Such employees may 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 that require driving or if they have violated this policy previously.
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 medication’s effect on their fitness for duty and ability to work safely and promptly disclose any work restrictions to their supervisor. Employees should not, however, disclose underlying medical conditions unless directed to do so.
Work Rules. The following work rules apply to all employees:
- Whenever employees are working, are operating any College vehicle, are present on College premises, or are conducting related work off-site, 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.
- The presence of any detectable amount of any illegal drug or illegal controlled substance in an employee’s body while performing College business or while in a College facility is prohibited.
- The College will not allow employees to perform their duties while taking prescribed drugs that are adversely affecting the employee’s 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.
- Any illegal drugs or drug paraphernalia will be turned over to an appropriate law enforcement agency and may result in criminal prosecution.
Required Testing. The College retains the right to require the following tests:
- Reasonable suspicion: Employees are subject to testing based on observations by a supervisor of apparent workplace use, possession, or impairment. Human Resources must be consulted before sending an employee for reasonable suspicion testing.
- Post-accident: Employees are subject to testing when they cause or contribute to accidents that seriously damage a College vehicle, machinery, equipment, or property and/or result in an injury to themselves or another employee or student requiring off-site medical attention. In any of these instances, the investigation and subsequent testing must take place within two hours following the accident, if not sooner.
- 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, the College 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 for a minimum of one year but not more than two years. If the employee either does not complete his/her rehabilitation program or tests positive after completing the rehabilitation program, he/she will be subject to immediate discharge from employment.
Consequences. 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. 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.
Confidentiality. Information and records relating to positive test results, drug and alcohol dependencies, and legitimate medical explanations provided to the medical review officer shall be kept confidential to the extent required by law and maintained in secure files separate from normal personnel files.
Inspections. The College reserves the right to inspect all portions of its premises for 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. The College prohibits all employees from manufacturing, distributing, dispensing, possessing, or using an illegal drug in or on College premises or while conducting College business. Employees are also prohibited from misusing legally prescribed or over-the-counter (OTC) drugs. Law enforcement personnel shall be notified, as appropriate, when criminal activity is suspected.
Notification. As a condition of employment, every employee of the College shall:
- Sign a statement for their personnel file stating: "I certify that, as a condition of my employment, I will not engage in unlawful manufacture, distribution, dispensation, possession or use of controlled substance in the workplace during the period of my employment by State Technical College of Missouri."
- Notify the College President of any criminal drug statute conviction or plea of guilty for a violation occurring in the workplace no later than five days after such conviction; and within ten days after receiving notice the College President shall notify the U.S. Department of Education Program Administration Section, Campus-based Programs Branch/DPOS, ORB-3, Room 4651, Washington, D.C. 20202-5453.