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11.1. Drug and Alcohol Free Workplace
..........11.1.a. It is the
policy of the Department that the unlawful manufacture, distribution,
dispensing, possession or use of controlled substances, including
illegal drugs and alcohol, is prohibited in the workplace.
..........11.1.b. Employees
are also prohibited from being under the influence of any controlled
substance, including illegal drugs and alcohol, during working hours.
..........11.1.c. As a condition
of employment all employees will:
....................11.1.c.A.
abide by the terms of this policy;
....................11.1.c.B.
refrain from the use of controlled substances, including illegal
drugs and alcohol, in the workplace;
....................11.1.c.C.
notify his/her supervisor of any criminal drug statute conviction
for a violation occurring in the workplace not later than five (5)
days after such conviction; and
....................11.1.c.D.
notify his/her supervisor of any other criminal drug statute
conviction for a violation no later than ten (10) days after such
conviction.
..........11.1.d. Within thirty
(30) days of receiving such notice, the Department will take appropriate
disciplinary action.
..........11.1.e. The Department
will maintain on file copies of the certification of compliance
with the United States Government's Drug-Free Workplace Act of 1988.
11.2. Testing
..........11.2.a. Testing is
mandatory for those employees in safety sensitive positions covered
by federal requirements where the employee's job responsibilities
involve public safety or the safety of others (i.e., truck drivers,
heavy equipment operators, machinery operators, etc.).
..........11.2.b. Reasonable
suspicion testing is authorized when the Department has good faith
or objective evidence that an employee is working under the influence
of controlled substances, including illegal drugs and alcohol.
..........11.2.c. Testing will
also be used for post rehabilitation employees who are provided
with an opportunity to overcome a substance abuse problem.
..........11.2.d. The Department's
current drug testing program identifies the following controlled
substances: amphetamines, cannabinoids, cocaine, phencyclidine,
and opiates.
..........11.2.e. Employees
refusing to submit samples for testing are subject to disciplinary
action for insubordination.
11.3. Disciplinary Action
..........11.3.a. Test results
are merely one factor in disciplinary decisions and the Department
reserves the right to discipline or discharge employees based on
their conduct or other evidence of working under the influence,
even if a particular sample is untestable or tests negative.
..........11.3.b. Employees
who submit two (2) untestable samples are subject to disciplinary
action for presumed tampering.
..........11.3.c. Disciplinary
action for violating this policy may range from written reprimand
to discharge, and may include requiring such employees to participate
in a substance abuse assistance or rehabilitation program as provided
through the Department's Employee Referral Program, in accordance
with Section 12 of this policy.
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