Section: 3-Faculty

Policy No: 33

Approved: 5/7/99



In compliance with state and federal statutes, Dixie State College is committed to a drug-free, alcohol-free, and smoke-free workplace.

33.1 The College expects all employees to report to any work assignment unimpaired and fully able to perform their duties safely, efficiently and unoffensively.

33.1.1 Unsatisfactory job performance, poor attendance, or poor behavior, caused by alcohol or substance abuse, will not be tolerated.

33.2 The unlawful manufacture, distribution, dispensing, possession, or use of controlled substances and/or the unauthorized manufacture, use, sale, dispensing, or possession of alcohol in the workplace is expressly prohibited.

33.2.1 The workplace includes College property, College vehicles or any other location at which an employee is performing official duties for the College.

33.3 When a supervisor has reasonable grounds to suspect that an employee is not fit for duty, the supervisor shall see that the employee is removed from the workplace to a safe environment.

33.3.1 An employee's refusal to comply with a supervisor's request to be removed from the workplace under the conditions of this policy shall be considered insubordination and will result in further disciplinary action, with possible termination.

33.3.2 As soon as possible, after it is suspected that the employee is not fit for duty because of drug related impairment, the supervisor should meet with the employee and others as needed to determine whether there is sufficient evidence of a violation of this policy.

33.3.3 The supervisor must document supportive evidence.

33.4 The College will impose disciplinary sanctions upon any employee who is determined to have violated this policy.

33.4.1 Employees found working under the influence of drugs or alcohol will be suspended, without pay for at least five working days. (See the Corrective and Disciplinary Action Policy 4-26.)

33.4.2 All policy violators, if employment is to be continued, must satisfactorily participate in an alcohol, drug or substance abuse assistance or rehabilitation program.

33.4.3 Termination is a possible disciplinary action, if deemed appropriate by the supervisor, the division vice president and the human resource director.

33.5 It is a mandatory that an employee who is convicted in a court of law for a workplace violation of this policy provide notification of the conviction to the Director of Human Resources within five (5) days of the conviction.

33.5.1 The College is required to impose sanctions on an employee convicted of a workplace violation within 30 days of the conviction. Minimum sanctions include participation in an education/rehabilitation program and mandatory probation for at least 90 days with weekly supervisory reviews. All convictions resulting from buying, selling, transferring or trafficking controlled substances in the workplace will be cause for mandatory termination.

33.6 Administrative officials and/or supervisors may require drug testing for any employees whose impairment would cause a personal or public hazard.

33.6.1 The College has the option to require drug testing under the following conditions: Where there is "reasonable suspicion" that an employee is using illegal drugs. When an employee in a safety sensitive position is involved in an on-the-job accident. An employee may be tested for alcohol within 8 hours following an accident and tested for drugs within 32 hours following an accident. As part of, or as a follow-up to, counseling or rehabilitation for illegal drug use. In compliance with the federal Drug Free Workplace Act of 1988, 41 U.S.C 701 through 767, or other federal and state required drug policies. Random drug testing may be performed on employees who hold or are applying for, safety sensitive positions. These including, but are not limited to, flight instructors/pilots and those persons holding or seeking positions that require a Commercial Drivers License. Random drug testing may be performed just before or just after employees operate a vehicle in a safety sensitive position. Fifty percent of employees in safety sensitive positions must be tested for controlled substances and twenty-five percent must be tested for alcohol.

33.6.2 Employees or prospective employees undergoing drug testing will submit a urine sample, according to guidelines determined by the testing agency. A split urine sample technique of testing will be conducted.

33.6.3 Positive test results, indicating a violation of government and/or the College’s drug-free workplace policies, require disciplinary sanctions against an employee and/or participation in a rehabilitation/education program. First run negative test results will be rerun with the opportunity for the employee or prospective employee to supply information that the person considers relevant to the test, including identification of currently or recently used prescription and non-prescription drugs or other related medical information. Positive test results for prospective employees will result in applicant rejection.

33.7 Failure to comply with any of these requirements may result in immediate termination of employees or automatic rejection of prospective employees.

33.8 It is the responsibility of employees to report to their supervisors any prescribed medical treatment by a licensed physician with a controlled substance which might impair their ability to perform their work in a safe and efficient manner.

33.8.1 Impacts on the employee's ability to perform should be assessed and appropriate action taken to insure safety.

33.9 Employees who have an alcohol or substance abuse problem are encouraged to seek confidential assistance through the Human Resource Office.

33.9.1 The College will not discipline an employee for voluntarily seeking assistance. Future performance, conduct and attendance must remain satisfactory, however.

33.10 In compliance with the State of Utah Clean Air Act, smoking is prohibited in all buildings and within twenty-five (25) feet of all buildings on campus.

33.10.1 Smoking is prohibited in any College owned vehicle.