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Use of Drugs and Controlled Substances

Use of Drugs and Controlled Substances

The College is committed to a drug-free work and learning environment in keeping with the Drug-Free Workplace Act. The College strictly prohibits employees and students from:

1. Being under the influence of drugs and/or controlled substances on the College premises, while on College business or while operating College vehicles that adversely affects the individuals work performance, safety at work, the employers regard or reputation in the community; and the students learning and safety in the learning environment.

2. The unlawful manufacture, distribution, dispensing, possession or use of drugs (licit or illicit), and/or controlled substances on College premises or at any other time while in a College owned or controlled building, office, premise, site or vehicle, or at activities under the jurisdiction or sponsorship of the College that adversely affects the individuals work performance or safety at work.

3. The unlawful manufacture, distribution, dispensing, possession or use of drugs (licit or illicit), and/or controlled substances off College premises or College owned or controlled building, office, premise, site or vehicle that adversely affects the Colleges regard or reputation in the community.

4. Failing to cooperate in College investigations of substance use and abuse.

College Assistance

The College will distribute information on:

1. MHCCs policy of a drug-free workplace.

2. Insurance benefits available to employees that may cover the cost of rehabilitation treatment programs;

3. Dangers and health risk of drug abuse

4. Availability of drug counseling, rehabilitation, and Employee Assistance Program to employees and their families; and

5. Penalties that may be imposed for violating this regulation.

Other assistance includes:

1. Student Health Center may refer students to community agencies.

2. Several support groups for persons in recovery meet on the MHCC campus. Information about these groups is posted on College bulletin boards, and is available from the counseling center in the Student Health Center.

3. Coaching to supervisors and administrators to effectively address alcohol issues in the workplace and learning environments.

4. The College may grant leave with or without pay to any employee who so requests to participate in an alcohol abuse assistance or rehabilitation program.

Notification Requirements
Any employee convicted under any criminal drug statute for a drug violation that occurs in the work place is required to notify his/her supervisor and Director of Human Resources within five (5) calendar days of conviction. For employees who are paid directly or indirectly from funds received from federal grantor contract, the College will also notify the federal agency of an employee conviction within ten (10) days after receiving notice of the drug statute conviction.

Drug Testing Policy
In order to maintain a safe workplace and learning environment, all employees shall be subject to reasonable suspicion, return-to-duty and follow-up testing for drugs or controlled substances.

In accordance with the Omnibus Transportation Employee Testing Act, the College may conduct pre-employment drug testing for high-risk, safety-sensitive jobs that may pose a danger to others and for jobs in which the employee will be responsible for the safety and security of children. The College may also conduct random, and reasonable suspicion drug testing, and may require return-to-duty and follow-up testing for drugs or controlled substances. Employees subject to testing include those who are:

1. Subject to commercial drivers license (CDL) requirements; and
2. Employed to drive vehicles carrying 16 or more passengers

The Director of Human Resources or designee will be the Colleges Designated Employer Representative (DER) to administer the Colleges drug testing program.

Basis for reasonable suspicion shall be any of the following:

1. Observed abnormal behavior or impairment in mental or physical performance (e.g., slurred speech or difficulty walking);

2. Direct observation of use;

3. The opinion of a medical professional;

4. Reliable information concerning use in the workplace; or

5. A work-related accident in conjunction with a basis for reasonable suspicion as listed above.

Sanctions
Non-compliance with the Colleges Drug and Controlled Substance Use Policy and provisions of these administrative regulations, or violations of related State and Federal regulations will be subject to sanctions which may include but not limited to immediate disciplinary action up to and including termination. Additionally, the following apply:

1. No employee will report for duty or remain on duty if the employee uses any controlled substance, except as authorized by a physician who confirms that the employees ability to perform will not be impaired by the prescribed substance.

2. No employee will remain on duty if the employee tests positive for use of a controlled substance, unless the substance is prescribed by a physician who confirms that the employees ability to perform will not be impaired by the substance.

3. An employee may be required to satisfactorily complete an approved drug abuse assistance or rehabilitation program as a condition of continued employment.

4. An employee may be reassigned.

5. An employee may be required to agree to a last chance agreement as a condition of employment.

6. Sanctions that may be imposed on students for violations of this regulation include: verbal or written warnings; disciplinary probation; payment for destroyed property; required counseling, treatment, or community service; suspension or temporary exclusion (removal from classes, privileges, or activities for a specified period up to one year); and permanent expulsion from the College.

Definition
(a) Controlled substance means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation 21 C.F.R.1308.11 through 1308.15.