11. Substance Abuse

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.