Drug and Alcohol Abuse Statement and Policy

Purpose: The Federal Drug-Free Workplace Act of 1988, and all subsequent regulations and amendments thereto, requires Pittsburg State University to maintain a drug-free workplace and campus. This substance abuse policy is established to comply with federal and state law.

Applies to: This policy applies to all job applicants and employees, including student employees, and state and federal grant employees or contractors.

Policy:

Pittsburg State University has a vital interest in maintaining a safe, healthy, and efficient working environment and campus environment. The use of Illegal Drugs, on or off duty, is inconsistent with the law-abiding behavior expected of all citizens. Being under the influence of a drug or alcohol on the job poses serious safety and health risks to the user and to all those who work with the user. The university prohibits the unlawful use, sale, manufacture, purchase, transfer, or possession of an Illegal Drug or Alcohol on University Premises and on University Business.

The university has the right and obligation to protect the university’s property, information, equipment, operations, and reputation. As part of its obligation, the university is committed to establishing an on-going drug-free and alcohol abuse awareness program for employees.

A. Prohibited Activity

The university prohibits the following activities at any time where employees or federal and state grant contractors/consultants are either (1) on duty, stand-by-duty, or conducting University Business (either on or away from University Premises), or (2) on University Premises (whether or not the employee is working):

1. The possession, sale, purchase, manufacture, transfer, or distribution of Alcohol, drug paraphernalia, or Illegal Drugs, or any attempt thereof.
2. The use, abuse, or being under the influence or impairment of Alcohol or Illegal Drugs.

While the use of marijuana has been legalized under some state laws for medical and/or recreational uses, it remains an Illegal Drug under the State of Kansas and the federal law.

B. Notifications

1. Employees and state and federal grant contractors/consultants that obtain a drug or alcohol conviction for a violation occurring on University Premises or on University Business are required to, within five (5) days of conviction, notify the Human Resources office at hr@pittstate.edu and copy the General Counsel’s office at generalcounsel@pittstate.edu of the conviction(s).
2. Employees and state and federal grant contractors/consultants under investigation or charged with a drug violation must promptly notify Human Resources of the investigation and/or charge(s) to include but not limited to the case/court number, agency investigating the matter, and periodic updates of the case status.
3. Employees must promptly (within three days) notify Human Resources and General Counsel if under investigation or charged with impaired driving and: (1) are issued a university owned or rented vehicle or (2) travel regularly (twice a month or more) in the approved performance of University Business.  The notification must include but not be limited to the case/court number, agency investigating matter, and periodic updates of the case status.
4. As required by grant requirements, the General Counsel’s office will notify any applicable agency or board of a conviction within ten (10) days of receipt of the notification of conviction.

C. Drug and Alcohol Testing of Job Applicants

1. Applicants for Safety Sensitive Positions, including applicants for part-time and seasonal positions, are subject to drug and alcohol testing after an offer of conditional employment is made by the university.
2. An applicant must pass the drug and alcohol test to be considered for employment.
3. An applicant will be notified of the university’s drug and alcohol testing policy prior to being tested; will be informed in writing of the applicant’s right to refuse to undergo such testing; and will be informed that the consequence of a refusal is termination of the pre-employment process.
4. An applicant will be provided with a copy of this policy, the Alcohol and Drug Testing Consent Form, and the State of Kansas Substance Abuse Affirmation Form, and by signature will be required to acknowledge receipt and understanding of the policy and forms.
5. If an applicant refuses to take a drug or alcohol test, or evidence of the use of illegal drugs or alcohol by an applicant is discovered, either through testing or other means, the pre-employment process will be terminated.

D. Drug and Alcohol Testing of Employees

1. The university may perform drug or alcohol testing:
   1. Of any employee who manifests “reasonable suspicion” behavior; or
   2. Of any employee who is involved in a motor vehicle accident injuring the employee or third party while operating a university vehicle or university rental vehicle; or
   3. Of any employee who is subject to drug or alcohol testing pursuant to federal or state rules, regulations or laws; or
   4. Of an employee applying for a Safety Sensitive Position.

2. An employee’s consent to submit to drug or alcohol testing is required as a condition of employment and the employee’s refusal to consent may result in disciplinary action, including termination, for the first refusal or any subsequent refusal.
3. An employee who is tested in a “reasonable suspicion” situation may be placed on administrative leave pending receipt of written test results and whatever inquiries may be required.
4. The Human Resources Office must be notified promptly of any circumstance listed in this section that would warrant a request for testing of an employee.
5. The Human Resources Office will determine whether sufficient, objective facts are present to authorize presenting the Alcohol and Drug Testing Consent Form to the employee. 

E. Awareness Program

The university offers the following on-going program for employees: 

1. New employees are provided the university Alcohol and Drug Abuse Substance and Statement Policy and required to sign the Substance Abuse Policy Affirmation Form.
2. Training opportunities regarding the dangers of drug and alcohol abuse in and out of the workplace;
3. This policy on maintaining a drug-free and alcohol-free workplace and associated penalties that may be imposed for violation of this policy; and
4. Resources available for drug counseling, rehabilitation, and employee assistance programs.

F. Available Resources

All employees should work to create a university-wide attitude to encourage employees to take advantage of available treatments whenever needed. Employees seeking help or more information should refer to the attached Substance Abuse Prevention and Resource List.

G. Workplace Searches and Inspections

The University Premises are for accomplishing the educational objectives and programs of the university.  To achieve the goals of this policy and maintain a safe, healthy, and productive work environment, the university reserves the right at all times to inspect University Premises for substances or materials that are a violation of this policy. This right extends to the search or inspection of offices and employer-owned or leased vehicles.

EXCLUSIONS AND SPECIAL CIRCUMSTANCES

1. The consumption of alcoholic liquor on university campus is prohibited by State statute except under special circumstances provided by law. An alcohol liquor service must conform to the policies of the Kansas Board of Regents and the university’s Alcohol Policy.  This policy does not prohibit the use or consumption of alcohol at such events that are in compliance with law and university policy.  However, if employees choose to consume alcohol at such events, they must do so responsibly and maintain their obligation to conduct themselves properly and professionally at all times with colleagues, students, and donors.
   
   
2. Campus police are limited to possession of alcohol and drugs for duty-related circumstances, to include evidence handling, training, or legal disposal.
   
   
3. All uses of Controlled Substances in Research must be authorized under and within the scope of an individual Registrant’s Drug Enforcement Administration (DEA) registration. The university does not have a blanket license for use of controlled substances in Research, therefore, except in instances where one is acting as an Authorized Agent or Authorized Laboratory Personnel under a Registrant, it is the responsibility of the individual university personnel, in conjunction with all other university policy(s), to obtain the appropriate authorizations for Research.
   
   
4. Depending on the circumstances of the case, an employee may be offered a one-time opportunity to enter and successfully complete a rehabilitation program that has been approved by Human Resources. During rehabilitation, the employee will be subject to unannounced drug and/or alcohol testing.  Upon return to work from rehabilitation, the employee will be subject to unannounced drug or alcohol testing for a period to be determined by Human Resources.  Any test that is confirmed as positive during or following rehabilitation will result in termination.
   
   
5. Nothing in this policy is meant to prohibit the appropriate use of over-the-counter medication or other medication that can legally be prescribed under both federal and state law, to the extent that it does not impair an employee’s job performance or safety or the safety of others. Employees who take over-the-counter medication or other medication that can legally be prescribed under both federal and state law to treat a disability should notify the Human Resources Office if they believe the medication will impair their job performance, safety, or the safety of others or if they believe they need a reasonable accommodation before reporting to work while under the influence of the medication.
   
   
6. The employment terms set out in this policy work in conjunction with, and do not replace or amend the collective bargaining agreement.

CONSEQUENCES

1. Employees must abide by the terms of this policy as a condition of employment. Any employee in violation of this policy or who receives an applicable conviction will be subject to discipline up to and including termination in accordance with K.S.A. 75-2949d, university policy, or any other applicable state, federal, local or administrative law, policy, or regulation.
   
   
2. A violation of this policy may result in a referral to the Employee Assistance Program.
   
   
3. Refusal by an employee to sign the State of Kansas Substance Abuse Policy Affirmation Form will be documented by the university and placed in the employee’s personnel file.
   
   
4. Employees are reminded that violation of this policy may also lead to local, state, and federal law investigation and prosecution leading to civil and/or criminal penalties. Employee conduct may prompt the university’s duty to report suspected criminal activity to law enforcement or an appropriate licensing board.
   
   
5. Federal grant contractor/consultants are required to prepare and distribute a formal drug-free workplace policy statement or may adopt our policy. The failure to be in compliance with the Durg-Free Workplace Act is deemed to be in breach of the contract agreement.