3.47 – Drug-Free Workplace

3.47 Drug-Free Workplace

A.       Purpose

To establish the guidelines to maintain a drug-free environment.

B.       Policy

The college is committed to providing each of its employees a drug-free workplace. As a Drug-Free Workplace and a recipient of federal funding, the college prohibits the use, possession, and distribution of all federally controlled substances – including marijuana. The college will take all available measures to continue to maintain a drug-free environment, including continued prohibition of use, possession, cultivation, distribution and/or sale of marijuana on the college’s campuses and education centers and in the college’s workplaces. This policy applies whenever any employee or other covered worker is representing or conducting business for the college.

C.       Procedures

This policy and the procedures are established:

• • • to promote a healthy and safe learning environment and workplace;
    • to demonstrate the commitment of the college to the provision of education and prevention services designed to help prevent illegal and improper use of alcohol, other drugs and controlled substances;
    • to encourage and facilitate the use of treatment and support services by those employees who seek or are in need of assistance;
    • to define expectations for conduct with respect to the illegal and improper use of alcohol, other drugs and controlled substances and
    • to identify appropriate corrective actions for those who engage in illegal use or improper conduct associated with the use of alcohol, other drugs and controlled substances.

Prohibited Behavior

It is a violation of this policy for a covered worker to use, be under the influence of, possess, sell, trade, and/or offer for sale or distribution of alcohol or other drugs and controlled substances in the workplace.  An exception for use of alcohol may be allowed when the legal consumption of alcoholic beverages in a social setting is authorized or sponsored by the college.

Assistance

Although the college has a legal obligation to enforce these policies and maintain a safe drug-free workplace for all, the college is also concerned for the wellbeing of all employees including those who struggle with addiction. For that reason, the college encourages employees to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem. Treatment for alcoholism and/or drug use may be covered by the employee benefit plan. The ultimate financial responsibility for recommended treatments, however, belongs to the employee.

An employee who successfully completes treatment must pass a Return-to-Duty Drug and/or Alcohol test prior to being allowed to return to work. If an employee either does not complete their rehabilitation program or tests positive after completing the rehabilitation program (during return-to-work or any necessary follow-up testing), the employee will be subject to corrective action up to and including termination.

Confidentiality

All information received related to this policy is confidential. Access to this information is limited to those persons whom the college determines have a legitimate need to know and to those persons whose access to such information is required for compliance with relevant laws and management policies.

Medical Marijuana

The consumption of marijuana products, either while on duty or preceding duty, which causes the employee to be under the influence while performing work or otherwise in the workplace is prohibited.

While Amendment 2 to the Missouri Constitution allows medicinal use of cannabis, federal laws continue to prohibit the use, possession, cultivation, distribution and/or sale of marijuana. The college receives federal funding for financial aid, grants, and contracts and is subject to compliance with the Drug Free Communities and Schools Act and the Drug Free Workplace Act. These federal laws prohibit colleges and universities receiving federal funding from allowing any form of marijuana use or possession on their premises. As a result, the college will continue to enforce its policies, which prohibit students, covered workers, and members of the general public from possessing, using or distributing marijuana in any form on all college owned or controlled property, at college sponsored or supervised activities, and at college workplaces as defined in this policy.

Alcohol

Workplace and/or on-campus use, possession, distribution, or sale of alcohol by a covered worker, regardless of age, is prohibited except as permitted by the college for specific college-sponsored events or functions, when attending functions or conferences on the college’s behalf where alcohol is served as part of a social function, or in other situations authorized by the college.

Use of Medications While Working 

The illegal or unauthorized use of prescription medications is prohibited. It is a violation of this policy to intentionally misuse and/or abuse prescription medications. Employees taking a prescribed medication must carry the medication in the container labeled by a licensed pharmacist or be prepared to produce the container on request. Appropriate corrective action will be taken if job performance deterioration and/or other accidents occur.

Prescription and over-the-counter medications are not prohibited when taken in standard dosage and/or according to a physician’s prescription. Any employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist about the medications’ effect on their fitness for duty and ability to work safely. It is the employee’s responsibility to promptly disclose any work restrictions or any medications that may impair the employee’s ability to perform work safely to their supervisor.

Drug and Alcohol Testing

The college has the right to require, and may require, an employee to undergo alcohol and drug testing when there is a reasonable suspicion that the employee may be under the influence of alcohol or drugs. The college may also require pre-employment, return-to-work and follow-up testing (drug and/or alcohol rehabilitation), and/or post-accident alcohol and/or drug testing.

Test Results, Refusal, and Interference

A covered worker who tests positive for alcohol or drugs will be immediately suspended from duty and may be subject to corrective action up to and including termination. If drug testing is required by the college and the individual tests positive for THC and presents a valid qualifying medical marijuana patient identification card, the college will evaluate the individual’s extenuating circumstance when determining disciplinary actions.

A covered worker who refuses to take a required drug and/or alcohol test as provided for in this policy will be subject to immediate corrective action up to and including termination.

A covered worker who interferes with or alters or attempts to interfere with or alter the results of a required drug test will be subject to immediate corrective action up to and including termination.

Inspection

In order to promote a safe and drug-free workplace, the college reserves the right to inspect an individual’s clothing and property, in accordance with applicable law, when it is believed that an individual is in possession of drugs or drug paraphernalia. The college may also inspect offices of employees or other covered workers for evidence of drugs or drug paraphernalia; offices are the property of the college and employees do not have an expectation of privacy in college offices. A covered worker who does not consent to and fully cooperate with such an inspection is subject to discipline, up to and including termination of employment.

Violations

If an individual violates this policy, the individual will be subject to immediate corrective action up to and including termination.

Notification of Charge, Arrest, or Conviction

Any employee who is convicted of a criminal drug crime must notify the Office of Human Resources in writing within five (5) calendar days of the conviction.

The college is required to take one of the following actions within thirty (30) days of such notification:

• • • Instituting the appropriate corrective action, up to and including termination.
    • Requiring the 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.

Federal contracting agencies will be notified where appropriate.

For additional information on notice requirements, see policy 3.44 Notification of Charges, Arrests, and Convictions.

Communication

To ensure that all employees are aware of this policy and the college’s Drug and Alcohol Prevention Program policy, all employees will receive a notification annually. All questions concerning this policy should be directed to the chief human resources officer.

D.       Definitions

Alcohol is any food or drink containing ethanol, which is produced by fermentation of grains, fruit, or other sources, and causing intoxication when consumed in certain amounts.

Covered Workers are individuals covered by this policy and include, but are not limited to, all prospective employees, administrators, supervisors, full-time employees, part-time employees, off-site employees, and any other individuals who conduct business for the college.

Drugs include substances considered unlawful under the schedules of the controlled substances section of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended, (P.L. 91-513; 84 Stat. 1247; 21 United States Code section 812).

Prospective employees are any persons who have applied for employment to the college whether written or oral.

Reasonable Suspicion is an objectively justifiable suspicion that is based on individualized specific facts or circumstances that would suggest to a reasonable person that an individual is under the influence or otherwise in violation of this policy.

Under the influence is when an individual has symptoms resulting from use of alcohol, marijuana, or other drugs that may negatively impact the performance of the job duties or tasks or constitute a threat to health or safety of the applicant, employee, or others. Indications may include symptoms of the employee’s speech, walking, standing, physical dexterity, agility, coordination, actions, movement, demeanor, appearance,  odor, irrational or unusual behavior, negligence or carelessness in operating equipment, machinery or production or manufacturing processes, disregard for the safety of the employee or others, involvement in an accident that results in serious damage to equipment, machinery or property, disruption of a production or manufacturing process, any injury to the employee or others or other symptoms causing a reasonable suspicion of the use of alcohol, marijuana, or other drugs.

Workplace is the location of an employee anytime an employee is representing or conducting business for the college.

E.       Authority

This policy is maintained under the authority the chief human resources officer.

F.        Related Policies

3.81 Reporting Work-Related Injuries & Workers’ Compensation

3.42 Employee Use of College Resources and Space

3.44 Notifications of Charges, Arrests, and Convictions

5.37 Drug and Alcohol Prevention

G.       Implementation

Policy approved and adopted by the board of trustees on June 14, 2021.

Purpose, procedures, and definitions approved and adopted by the cabinet June 7, 2021.Set the policy for review 2024-2025.