| Subject: | ADMINISTRATIVE PROCEDURES FOR THE ENFORCEMENT OF STANDARDS OF CONDUCT RELATED TO A DRUG-FREE WORKPLACE |
| Source(s): |
1. If an employee is observed unlawfully manufacturing, possessing, consuming, selling or dispensing intoxicants during working hours, the employee's supervisor shall make every reasonable effort to confiscate the intoxicant and retain for identification.
2. If any supervisor observes any employee consuming intoxicants or under the influence of intoxicants, he/she shall take immediate steps to bar the employee from operating any District vehicle, any vehicle operated on behalf of the District, or any motorized equipment.
3. If a supervisor has reasonable suspicion to believe an employee is unlawfully manufacturing, possessing, consuming, selling or dispensing intoxicants, the supervisor may search employer-owned lockers, desks, tool boxes, vehicles, etc. Whenever a search is conducted, every effort must be made to have the affected employee and a witness present. Searches of an employee's person are prohibited. Prior to conducting such searches, contact the Director of Human Resources or the Labor Contract Manager for advice and assistance.
4. If a supervisor has reasonable suspicion to believe an employee is unlawfully manufacturing, possessing, consuming, selling or dispensing intoxicants, the employee should, if possible, be escorted to a suitable location to ensure privacy and be confronted with the reasons for the supervisor's concerns. The employee shall be given an opportunity to explain the actions or behaviors which have raised the suspicion. If at all possible, arrange to have another supervisor present. If an employee is represented by a union, every effort must be made to arrange to have a representative present if one is readily available.
"Reasonable suspicion" is defined as a belief based on specific facts and reasonable inferences drawn from those facts. A supervisor's observations, the observations by a reliable and credible source, or the presence of physical symptoms commonly associated with the usage of intoxicants constitute a basis for determining "reasonable suspicion." If possible, observations should be made by two or more witnesses. Supervisors and witnesses should record the date and time of the occurrence and their observations.
The following physical symptoms often indicate intoxication:
Walking Walking - (e.g., staggering, stumbling, falling, swaying.) Walking - (e.g., staggering, stumbling, falling, swaying.) Walking - (e.g., staggering, stumbling, falling, swaying.)
Standing Standing - (e.g., swaying, sagging, unable to stand, staggering.) Standing - (e.g., swaying, sagging, unable to stand, staggering.) Standing - (e.g., swaying, sagging, unable to stand, staggering.)
Balance Balance - (e.g., falling, swaying, using arms for balance, stumbling.) Balance - (e.g., falling, swaying, using arms for balance, stumbling.) Balance - (e.g., falling, swaying, using arms for balance, stumbling.)
Speech Speech - (e.g., slurred, rambling, incoherent.) Speech - (e.g., slurred, rambling, incoherent.) Speech - (e.g., slurred, rambling, incoherent.)
Demeanor Demeanor - (e.g., crying, agitated, sarcastic, fighting, comatose.) Demeanor - (e.g., crying, agitated, sarcastic, fighting, comatose.) Demeanor - (e.g., crying, agitated, sarcastic, fighting, comatose.)
Eyes Eyes - (e.g., bloodshot, watery, dilated, glassy.) Eyes - (e.g., bloodshot, watery, dilated, glassy.) Eyes - (e.g., bloodshot, watery, dilated, glassy.)
Breath Breath - (e.g., alcoholic odor.) Breath - (e.g., alcoholic odor.) Breath - (e.g., alcoholic odor.)
5. If, following observation and confrontation, the employee admits being under the influence, the supervisor shall make a record of the employee's full statement, immediately suspend the employee from work with pay, and then arrange transportation home for the employee. If the employee refuses such assistance, the supervisor shall call the police and advise them of the employee's condition and his/her insistence on driving home. The supervisor shall direct the employee to remain at the workplace until the police arrive. The supervisor shall notify the Labor Contract Manager as soon as possible of the suspension.
If, following observation and confrontation, the employee denies being under the influence but the basis for "reasonable suspicion" is minimal (e.g., first incident and smell of alcohol only), immediately suspend the employee from work with pay for the remainder of the day and offer the employee the opportunity to be transported home. Arrange to meet with the employee prior to his/her return to work to convey your concerns and to issue a verbal warning that any future incidents would result in more serious discipline. After you have given a verbal warning, document in writing the date and circumstances, including the offer to transport, in the event there is a subsequent incident.
6. If the employee denies being under the influence but the basis for "reasonable suspicion" is substantial (e.g., clear and convincing physical symptoms) for which disciplinary action may be warranted, the supervisor shall order the employee to submit to a screening test. The supervisor shall immediately arrange to transport the employee to General Medical Laboratories (36 S. Brooks) during the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday or to the Meriter Hospital Emergency Room at other times. Employees ordered to submit to the screening test will be asked to sign a consent form prior to taking the test. Employees may be accompanied by their union representative if such can be arranged in a timely manner. Following the completion of the screening test, the supervisor should arrange transportation home for the employee.
If the employee refuses to comply with the order to take the screening procedure or to sign the consent form, the employee shall immediately be suspended from work with pay. The supervisor shall arrange transportation home for the employee. If the employee refuses such assistance, the supervisor shall call the police and advise them of the employee's condition and his/her insistence on driving home. The supervisor shall direct the employee to remain at the workplace until police arrive. The supervisor shall notify the Labor Contract Manager as soon as possible of the suspension.
Test ConfirmationTest Confirmation. All specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS). Employees may request at their own expense independent testing of the specimen at an approved laboratory of their choice.
7. If an employee is involved in an accident while operating a District vehicle, or a vehicle on behalf of the district, causing damage or personal injury, the employee should contact the supervisor and call the Police Department.
8. Supervisors shall limit their discussion of any case involving substance abuse only to those persons who have a need to know because their responsibilities relate to the official management of the case. All medical records are to be kept confidential.
9. Disposition of Cases Involving Substance Abuse. The disposition of cases involving substance abuse on the job may involve one or more of the following actions:
a. Referral to the District's Employee Assistance Program (EAP).
b. A drug and/or alcohol dependency assessment.
c. A drug and/or alcohol dependency treatment program.
d. Discipline up to and including discharge.
c. Referral for prosecution.
10. Questions concerning the interpretation and/or application of these procedures can be directed to the Department of Human Resources.
February 1994