ADMINISTRATIVE RULE NO: 6135-01
RELATED TO POLICY SERIES NO: 6135
TITLE: DRUG FREE WORKPLACE
To clarify employee expectations related to on/off the job drug and alcohol use, and to clarify the administrative programs that discourage drug use/abuse through staff awareness and for-cause testing.
EXPECTATIONS FOR EMPLOYEES
LBCC specifically prohibits the use, unlawful distribution, or unlawful possession of alcohol, illegal drugs or other unauthorized controlled substances on its properties, controlled areas, or as part of its activities. This administrative rule specifically prohibits the possession or use of marijuana products on any campus, or campus controlled properties. This prohibition includes the use of such substances during non-work time (such as personal meal/break time) or while otherwise performing their work duties away from college premises, if such use may result in job impairment. This prohibition also applies to employees traveling over-night for college related functions who may be called upon or responsible for student related services, as impairment may inhibit service quality and may cause potential liability under the college’s liability and workers’ compensation insurance policies. Included within this prohibition are lawful controlled substances which have been illegally or improperly obtained. This administrative rule does not prohibit the possession and proper use of lawfully prescribed or physician-recommended drugs taken in accordance with the prescription or recommendation.
Drugs and alcohol are not allowed on campus or at college-related functions except as they relate to the teaching/learning process, or as specifically allowed and sanctioned by Administrative Rule 5045-01- Use of College Facilities and Food/Conference Services. "College-related functions" are work related activities or gatherings that produce specific work products, and where employees are present as a conditionof their employment. This would not include gatherings where attendance is purely voluntary in nature, no work agenda is pursued and no work products are generated.
All employees and/or sponsors of any on-campus or College-sponsored activity or social event at which alcoholic beverages are served must abide by all applicable laws. Sponsors must obtain and follow applicable procedures.
The Drug-Free Workplace Act of 1988 requires that any employee of the College who has been convicted of a violation of the statute involving illegal drugs shall notify the Director of Human Resources within five days of the criminal conviction if the conduct giving rise to the conviction occurred on campus or while the member was engaged in activities sponsored by or connected to the College. The College should then make any reports to government agencies that may be required by law. It is expected that any employee who observes or has knowledge of another employee being in a condition which appears to be impaired, presents a hazard to others, or otherwise is in violation of this policy, to report that fact immediately to their supervisor or Human Resources.
LBCC DRUG / ALCOHOL AWARENESS PROGRAM
As part of the Drug Free Schools and Communities Act of 1989, the College has established a drug and alcohol awareness program to inform members of the College community about: the dangers of alcohol and drug abuse; the College policy on drugs and alcohol use; available alcohol and drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed for violations of this policy.
The College encourages employees who use illegal drugs or who abuse alcohol to seek appropriate assistance. Employees and/or dependents enrolled in any LBCC sponsored group health plan receive benefits for drug and alcohol abuse as mandated by Oregon statutes.
The Drug and Alcohol Prevention Committee has responsibility for developing, coordinating and implementing a comprehensive LBCC drug and alcohol abuse prevention program. This team is administered by the Manager for Student Conduct and Retention.
DRUG / ALCOHOL TESTING
To encourage employees to provide the highest quality services and to promote the safety and health of staff, under certain circumstances, as outlined below, the college may require employees to submit to a confidential, third-party drug / alcohol screening.
- Reasonable Cause Testing
LBCC reserves the right to request drug or alcohol testing if there is reasonable suspicion that an employee may be either using or under the influence of drugs and/or alcohol while on the job. “Reasonable suspicion” is an objective, factual, individualized basis for concern, such as when an employee’s observed behavior or physical appearance suggests drug and/or alcohol use or possession of drugs and/or alcohol. Examples where testing may be required include occasions when there is any:
- Observable phenomena (actual use or possession), including credible reports of either on-the-job or off-site usage.
- Abnormal behavior not satisfactorily explained by circumstances not attributable to drug use.
- An accident on employer time involving a motor vehicle or college equipment which results in property damage, injury or loss of human life (see post-accident testing below).
If, after an initial discussion with the employee, the College has reasonable suspicion that the employee may be in violation of this policy, the employee may be required to submit to confidential, third-party testing to determine the presence or use of either alcohol or drugs. LBCC reserves the right to determine whether a reasonable suspicion for testing exists.
B. Post-Accident Testing
Any employee involved in or otherwise causing a job-related accident which causes personal injury to the employee, students, staff or others, that requires medical treatment by a physician or by hospital/clinic medical personnel, and whose behavior may have caused or contributed to the accident, may be required to take an alcohol and/or drug test immediately following the accident or at the time of initial treatment by a medical care facility.
Any employee involved in or otherwise causing an accident resulting in what LBCC deems substantial damage to LBCC property or to another's property while the employee is conducting College business may be required to take an alcohol and/or drug test. Also, "near miss" incidents, where there is no personal or physical damage or injuries may be evaluated and LBCC will make a determination as to whether or not to test for drugs or alcohol for any or all employees involved.
To ensure strict confidentiality of all test results and the privacy of all employees, all communication concerning drug and alcohol testing, sample collection, test results, employee notification and discipline, will be handled by an authorized representative of the College Human Resources Department, the third party administrator or the employee assistance program (EAP).
In the event of a positive result, a Medical Review Officer (MRO) will contact the employee before notifying the college of the result. The MRO will discuss any medications prescribed by the employee’s physician that may have affected the result of the test.
In the interest of employee safety and health, any employee with a verified positive test may be removed from performance of duties and advised of an available substance abuse professional (SAP) to evaluate and help resolve any substance abuse issues that may exist. Subsequently, and investigation of circumstances leading to the violation will be conducted by Human Resources.
Based on the facts leading to the discovery of a violation of this administrative rule, employees may be referred to the Employee Assistance Program for further evaluation and treatment and/or may face disciplinary action up to and including suspension or discharge. The nature and severity of the violation will determine the level of corrective action. As required by federal law, the College reserves the right to refer employees for prosecution depending on the severity of the violation. In addition to any disciplinary action that may be taken against individuals, any College-sponsored or College-supported groups that condone or encourage violations of this policy may be subject to discipline and possibly dissolution.
REFUSAL TO SUBMIT TO A TEST
Any employee who refuses to submit to a drug or alcohol test may be evaluated by a licensed SAP. Such an employee may be placed on administrative leave of absence pending the results of an evaluation by the SAP. Such an employee may be subject to disciplinary action up to and including suspension or discharge. Refusal to submit to a test includes, but is not limited to:
- Failure to provide or unduly delaying a sample.
- Failure to remain at the testing site until the test is complete.
- Tampering with the specimen or collection procedure.
- Leaving the scene of an accident without a valid reason before tests have been conducted.
Refusal to submit to testing will bring the same consequences as a positive result, including disciplinary action as referenced above. Any employee engaged in a safety sensitive position who refuses to submit to testing will be immediately removed from any safety sensitive duties.
DATE OF ADOPTION: 8/25/87
DATE (S) OF REVISION(S): 6/7/12; 1/10/18; 1/6/22
DATE OF LAST REVIEW: 6/7/12