3357:12-3-06. Drug-free workplace policy and procedures

Zane state college, in coordination with the Omnibus Anti Drug Abuse Act of 1988 and specifically in compliance with the Drug Free Workplace Act of 1988 Pub. L. No. 100 690, 5151 5160, is committed to providing a drug free workplace for all employees.

The following policy is effective immediately for all employees as a condition of employment at the college:

(A) Employees are prohibited from the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance as defined in schedules I through V of section 202 of the Controlled Substances Act, 21 U.S.C. 812 and as further defined by regulation at 21 CFR 1300.11 through 1300.15, and the abuse of alcohol and unlawful use, sale, etc. of prescription drugs in the workplace at Zane state college.

(B) Employees are required to notify Zane state college of any criminal drug statute conviction for a violation occurring at the college no later than five days after that conviction.

Failure to abide by this college policy will result in immediate disciplinary probation status for the employee and possible termination of employment. If an employee is in violation of paragraph (A) of this rule, he or she has available the "Grievance Policy" of the college.

(C) In compliance with federal regulations, Zane state college will provide a drug free workplace. Toward this end, the college will:

(1) Publish a policy statement stating that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance or alcohol is prohibited on campus or at college activities off campus.

(2) Conduct drug and alcohol awareness programs concerning:

(a) The health risks associated with the use of drugs and abuse of alcohol;

(b) The desire of Zane state college to maintain a drug free workplace;

(c) The availability of drug use and alcohol abuse counseling, rehabilitation, and employee assistance programs;

(d) The penalties that may be imposed upon employees for drug use or alcohol abuse violations occurring in the workplace.

(3) Provide a copy of the policy statement and procedures to all employees at the college.

(4) Impose sanctions consistent with local, state, and federal law up to and including termination of employment and referral for prosecution for violations.

(5) Have available in the human resources department:

(a) A description of the applicable legal sanctions under local, state, and federal law for unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance and alcohol,

(b) Health risks associated with the use of controlled substances and abuse of alcohol, and

(c) Availability of drugs and alcohol counseling treatment and rehabilitation programs.

(6) Notify employees that as a condition of employment they will:

(a) Abide by the terms of the policy and procedures, and

(b) Notify the college of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.

(7) Notify the appropriate federal agency providing a grant to the college within ten days after receiving notice under paragraph, (C)(6)(b) of this rule from an employee or otherwise receiving actual notice of a workplace drug conviction.

(8) Within thirty days of receiving such notice, the college will:

(a) Take appropriate personnel action up to and including termination, or

(b) Require such 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.

(9) Make a good faith effort to continue to maintain a drug free workplace through implementation of the above.

(D) The human resources department will monitor the implementation and operation of these procedures.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357