Alcohol and Drug-Free Workplace

Approval Date January 12, 2011

Steward Associate Vice President for Human Resources

Approval Authority President and Vice Presidents

Previous Version Drug-Free Workplace (archived January 2011)

Purpose/Rationale:

to comply with the requirements of the Drug-Free Workplace Act of 1988, the federal Drug-Free Schools and Communities Act Amendments of 1989, and other applicable federal and state laws.

Applies to:

all students, employees, and volunteers acting in an official capacity of the college. This policy is in addition to any related articles in applicable collective bargaining agreements (CBAs) as they relate to alcohol and a drug-free workplace.

1. To help ensure the safety and well-being of employees, students, and the general public, the college is committed to maintaining a campus work and educational environment that is free of the illegal use of drugs and alcohol.

All employees must report to work in a condition fit to perform their assigned duties unimpaired by alcohol or drugs.
Employees and students should be aware that it is dangerous to use and abuse alcohol and other drugs, and that many illnesses and deaths have been medically related to the use and abuse of illegal drugs and alcohol.
As a condition of employment or enrollment, employees and students are required to abide by this policy.
All employees and students shall receive a copy of this policy when they commence work or upon enrollment.

2. Employees taking physician-prescribed or over-the-counter medications must notify their supervisor if there is a substantial likelihood that such medication will affect job safety or performance.

Employees whose work performance is temporarily impacted by prescription or over-the-counter drugs may be reassigned productive alternate work if available. If no alternate work is available, the employee may be required to take leave in accordance to the applicable collective bargaining agreement, rules, regulations and college policy.

3. No one may possess, use, manufacture, distribute, sell, trade and/or offer for sale, or auction alcoholic beverages on college property or at college-sponsored events except in accordance with state of Washington liquor license, Banquet Permit, or Special Occasion License procedures and college regulations.

Alcoholic beverages may not, under any circumstances, be used by, possessed by, consumed by, or distributed to any person under 21 years of age.
Alcohol is strictly prohibited in Substance Free and Freshman Housing for residents and guests.
Residents and guests of legal age may consume alcohol in other private apartments or housing units.
Kegs and other containers for communal consumption of alcohol are prohibited for any use.

4. Outside of an approved and licensed research program, no one on the college premises or at any location at which official college functions are held may manufacture, distribute, dispense, possess, sell, trade and/or offer for sale or use controlled substances defined in RCW 69.50, Schedules I through V of §202 of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation at 21 CFR 1308.11 through 1308.15.

5. Students and employees of the college who violate this policy face sanctions within the college's disciplinary action procedures ranging from a warning to dismissal.

6. Students and employees of the college who violate the laws underlying this policy are subject to arrest and conviction under the applicable criminal laws of local municipalities, the State of Washington, and/or the United States .

Those convicted face sanctions including probation, fines and imprisonment.

7. Any college employee convicted of a criminal violation occurring in the workplace involving a controlled substance must notify his or her supervisor, dean or vice-president, in writing, within five days of the conviction.

Employees who fail to report such a conviction within five days will face disciplinary sanctions.
If the employee is supported by federal funds, the college must notify the appropriating federal agency within ten days of the employee's conviction.
When notified of a conviction by the employee or whenever an employee violates this policy, the college will take appropriate disciplinary action and/or require the employee to participate in and satisfactorily complete an approved drug abuse assistance or rehabilitation program as a condition of continuing employment.

8. Employees whose position requires that they drive a state vehicle or a personal or rented vehicle on state business must notify their immediate supervisor of any revocation or suspension of their driver’s license on the first work day following the license suspension or revocation.

9. Employees of the college are responsible for resolving any alcohol or drug abuse problems they have.

The college will make every reasonable effort to assist employees who make it known that they have an alcohol or drug abuse problem.
Employees who have unresolved job performance problems that result from alcohol or drug abuse or intentional misuse face disciplinary action, including termination.
Students found in violation of this policy are subject to discipline in accordance with Student Conduct Code, which may include disciplinary probation, suspension, or dismissal from the college.

10. The college will provide educational workshops on drugs and alcohol use and abuse to all employees and students no less than once a year.

11. The college recognizes that alcoholism and drug abuse are treatable illnesses, and encourages employees who have alcohol or drug abuse problems to seek treatment .

Any individual afflicted by alcoholism or drug dependency will have the same options that employees with other illnesses have to participate in prescribed treatment programs, including the use of paid leave and unpaid leave of absence.
Employees should consult their health insurance plan to determine the coverage that may be available to them. However, the ultimate financial responsibility for recommended treatment belongs with the employee.

12. The college provides access to drug counseling and employee assistance programs for the support of its employees and students.

Students should contact the campus counseling center for drugs and substance abuse counseling and referral information.
Employees have state-paid insurance options for drug counseling and rehabilitation and may contact the Washington state employee assistance program at no cost.

13. The use or possession of illegal substances, or any other trafficking in drugs, is incompatible with Evergreen’s mission. However, the off-duty activities of an employee will not be grounds for disciplinary action absent a nexus to the employee’s work performance or to the college.

14. All information received by the college through the alcohol and drug-free workplace program is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies.

Resources:

a. Community Referral Information

A current directory of substance addiction and alcoholism services published by the Department of Social and Health Services, Division of Alcohol and Substance Abuse is available at the campus counseling center and through Human Resource Services.

b. Employee Assistance Program

The Employee Assistance Program (EAP) provides services to faculty and staff, dependents, and family or household members in any location nationwide. Contact EAP toll free at 877-313-4455 or on the web at http://www.dop.wa.gov/EAP/Pages/default.aspx.

c. Alcoholics Anonymous

Information about AA and AA meetings in the community is available 24 hours a day from:

South Sound Service Center
344 Cleveland Ave. SE Suite K
Tumwater, WA 98501-3342

Mon-Sat 10am-2pm
Phone:(360) 352-7344

Web: http://aadistrict8.org/index.php

d. Human Resource Services Consultants

Human Resource Services Consultants are available to provide general information on college and other resources to help address alcohol and drug abuse problems, and to assist individual employees and supervisors regarding corrective performance procedures.

Definitions:

Impaired by drugs or alcohol: Exhibiting behavior, work performance and/or judgment, and/or physical characteristics leading to a reasonable belief that the individual may be impaired because of the use of alcohol or drugs.

Examples of characteristics include, but are not limited to:

Eyes: glassy; dilated or constricted pupils; lack of focus
Speech: slurred; uncharacteristically rapid or very slow and deliberate
Head/body: staggers; sways while attempting to stand still; has to hold on to furniture or steady self to walk or stand; head bobs; extreme sleepiness; eyelids drooping
Behavioral manifestations: uncharacteristic aggressiveness; impulsive behavior; fighting
Odor of alcohol, marijuana, or other drugs
Sudden unexplained mood changes
Loud or inappropriately talkative; persistently boisterous; difficulty in concentrating; displays emotions not appropriate to situation; verbally abusive; belligerent.

Controlled substance: Any substance or its immediate precursor listed in Schedules I through V of Article II, RCW 69.50 , Schedules I through V of §202 of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation at 21 CFR 1308.11 through 1308.15.

Drug: Any substance, whether controlled, medically prescribed, or over-the-counter, which has or tends to have the effect of altering one’s mood or mental functioning, and of interfering with an employee’s ability to perform duties safely and with the exercise of necessary judgment.

Authority:

Drug-Free Schools and Communities Act Amendments of 1989 ( 20 USC §1011i )
Drug-Free Workplace Act of 1988 ( 41 USC 10)
Controlled Substances Act (21 USC 812)
Federal Commercial Motor Vehicle Act of 1986 (49 USC 311)
RCW 69.50 Uniform Controlled Substances Act
RCW 46.25 Uniform Commercial Driver’s License Act
49 CFR Part 382 Controlled substances and alcohol use and testing
WAC 296-800-11025 Prohibit Alcohol and Narcotics from Your Workplace