Policy

In compliance with the Drug-Free Workplace Act of 1988, St. Norbert College prohibits the manufacture, dispensation, distribution, sale and use of drugs or alcohol in the workplace. It also prohibits the possession of and impairment by drugs or alcohol in the workplace, and prohibits certain off-duty, drug-related conduct. This policy is based on concern for the safety and wellbeing of students, faculty, employees and campus visitors.

All employees must report to work fit for duty and free of any adverse effects of illegal drugs or alcohol. This policy does not prohibit employees from the lawful use and possession of prescribed medications. However, employees must consult with their doctors about a medication’s possible effect on their fitness for duty and ability to work safely, and they must promptly disclose any work restrictions to their supervisor.

Employees may not perform their duties while taking prescribed drugs that are adversely affecting their ability to safely and effectively perform their job duties. Employees taking a prescribed medication must carry it in the container labeled by a licensed pharmacist or be prepared to produce it if asked. However, employees should not disclose any underlying medical conditions to the college, unless directed to do so.

Any illegal drugs or drug paraphernalia will be turned over to an appropriate law enforcement agency and may result in criminal prosecution.

All employees who plead guilty to, are convicted of, or are sentenced for a crime involving an illegal drug are required to report the plea, conviction or sentence to Human Resources within five days. The report may result in suspension without pay to allow the college time to review the nature of the charges and the employee's past college record. Failure to comply with this requirement will result in disciplinary action, including possible termination of employment.

Definitions
College Premises
College premises refers to all buildings, offices, facilities, grounds, parking lots, lockers, places and vehicles that are owned, leased or managed by St. Norbert College, or are on any site on which the college is conducting business.

Illegal Drug
An illegal drug is a substance whose use or possession is controlled by federal law, but which is not being used or possessed under the supervision of a licensed healthcare professional. 

Refusal to Cooperate
A refusal to cooperate means to obstruct the drug or alcohol collection or testing process; to submit an altered, adulterated or substituted sample; to fail to show up for a scheduled test; to refuse to complete the requested drug-testing forms; or to fail to promptly provide specimen(s) for testing when directed to do so, without a valid medical basis. Employees who leave the scene of an accident without justifiable explanation, and prior to submitting to drug and alcohol testing, will be considered to have refused to cooperate and will be subject to disciplinary action.

Under the Influence of Alcohol
Under the influence of alcohol means having an alcohol concentration equal to or greater than .04. It also means your actions, appearance, speech or bodily odors reasonably cause a supervisor to conclude that you’re impaired due to alcohol use.

Under the Influence of Drugs
Under the influence of drugs means having a confirmed positive test result for illegal drug use. It also includes misusing legal drugs (prescription and possibly OTC) when there is not a valid prescription from a physician for the lawful use of a drug in the course of medical treatment. Drug containers must include the patient's name, the name of the substance, the quantity/amount to be taken and the period of authorization.

Violation of College Policy
A violation of college policy means a violation of applicable state or federal laws, dishonesty, fraud and other forms of misconduct.

Procedures

Substance Abuse Awareness
Illegal drug use and alcohol misuse have many serious and adverse health and safety consequences. Information about these consequences, and sources of help for drug and alcohol problems, are available from Human Resources and St. Norbert’s Employee Resource Center (800-222-8590).

Inspections
The college reserves the right to inspect all portions of its premises for drugs, alcohol or other contraband. All employees, contract employees and visitors may be asked to cooperate in inspections of their persons, work areas and property that might conceal a drug, alcohol or other contraband. Employees who possess contraband or refuse to cooperate in inspections are subject to appropriate discipline, including termination.

Employee Assistance
St. Norbert will assist and support employees who voluntarily seek help for issues related to drug or alcohol use before disciplining or terminating them under this or other college policies. If you’re voluntarily seeking help, you may use accrued time off, be placed on a leave of absence, referred to treatment providers or otherwise accommodated as required by law.

You may be required to document that you’re successfully following prescribed treatment. You may also be required to take and pass follow-up tests if you have previously violated this policy, perform safety-sensitive functions or your position requires driving, as defined in the Drug and Alcohol Use by Employees with a Commercial Driver’s License policy.

Required Testing
Reasonable Suspicion
You may be subject to drug or alcohol testing based on your supervisor’s observation of apparent workplace use, possession or impairment. Your supervisor should consult with Human Resources or another supervisor before sending you for testing. All levels of supervision must use the college’s observation checklist (link) to document the specific observations and behaviors that create a reasonable suspicion you are under the influence of illegal drugs or alcohol. If the results of the observation checklist indicate further action is justified, your supervisor and another member of management should together show you the documentation. Under no circumstances will you be allowed to drive yourself to the testing facility. A supervisor or designee must escort you; the supervisor/designee will make arrangements for your transportation home after the testing.

Post-accident
You may be subject to drug or alcohol testing if you cause or contribute to an accident that seriously damages a college vehicle, machinery, equipment or property, or results in an injury to yourself or another person that requires offsite medical attention. Testing will be required if there’s reasonable belief that drug use may have contributed to the incident. Your supervisor should consult with Human Resources or another supervisor before sending you for testing.

Reasonable belief of drug or alcohol use will be presumed if you’ve caused a work-related accident or injury involving a motorized vehicle, including a college forklift, pickup truck, overhead crane and aerial lift. In these cases, an investigation and subsequent testing must take place within two hours following the accident, if not sooner. Under no circumstances will you be allowed to drive yourself to the testing facility.

Collection and Testing Procedures
If the college believes there is reasonable suspicion you are affected by illegal drugs or alcohol, you’ll be notified and offered a test to confirm or deny this suspicion. (Sometimes, due to the nature of an accident, this is required.)

If you agree to the test, you’ll be transported to the college’s contracted testing facilities. One member of management or a designee will accompany you. Under no circumstances will you be allowed to drive yourself to the testing facility.

Prior to leaving for the testing facility, the supervisor will contact the testing facility to say an employee from St. Norbert College will be arriving for a drug or alcohol test. You should be given water to drink, plus reasonable time (not to exceed 15 minutes) to secure photo ID (e.g., a driver’s license or state ID card) in the company of a college supervisor or designee. The supervisor/designee needs to ensure you bring your photo ID before leaving the college premises.

Once a drug test is scheduled, you will have forfeited the opportunity to be granted a leave of absence for treatment, unless otherwise required by the Family and Medical Leave Act or the Americans with Disabilities Act.

When you reach the testing facility, you must present your photo ID to facility staff before being tested. You must also sign a consent form provided by the testing facility. The college supervisor/designee must sign as a witness to the collection procedure.

• Employees subject to alcohol testing should provide breath specimens. Breath specimens should be tested by trained technicians using federally approved breath alcohol testing devices capable of producing printed results that can identify you. If your breath alcohol concentration is .04 or more, a second breath specimen should be tested approximately 20 minutes later. The results of the second test should be determinative. The college has the discretion to order a blood or saliva test in lieu of a breath test. For purposes of this policy, test results generated by law enforcement or medical providers may be considered by the college in determining policy violations.
• Employees subject to drug testing should provide urine specimens. You may provide specimens in private unless you appear to be submitting altered, adulterated or substitute specimens. Collected specimens should be sent to a federally certified laboratory and tested for evidence of marijuana, cocaine, opiates, amphetamines, PCP, benzodiazepines, methadone, methaqualone and propoxyphene use. (Specimens may be tested for other illegal drugs, if indicated.) The laboratory should screen all specimens and confirm all positive screens. There must be a chain of custody from the time specimens are collected through testing and storage.
  
  The laboratory should transmit all positive drug test results to a medical review officer (MRO) retained by the college. If you test positive, the MRO should offer you a reasonable opportunity to rebut or explain the results. You may also ask the MRO to have your split specimen sent to another federally certified laboratory to be tested at your own expense. You must make this request within 72 hours of receiving your test results. If the second facility fails to find any evidence of drug use in the split specimen, you will be considered to have passed the test. A positive test result should never be disclosed to the college until the MRO has confirmed it to be positive.

After returning to the college or when leaving the testing facility, the supervisor/designee must make arrangements to transport you home (unless testing results are immediate). Under no circumstances will you be allowed to drive yourself home.

In most cases, you will be placed on administrative leave pending the results of your drug or alcohol test. After the results are received and confirmed, a date and time will be scheduled to discuss the results with a member of management/supervision and Human Resources.

You will be paid for the time you spent in alcohol or drug testing. If your results are negative, you will also receive back pay for any time spent on leave.

Consequences
You will be subject to disciplinary action if you refuse to take a test, cooperate during a required test, or if you use, possess, buy, sell, manufacture or dispense an illegal drug in violation of this policy. Possible disciplinary action includes termination from employment. If you refuse to be tested, yet the college believes you are impaired, under no circumstances will you be allowed to drive yourself home.

If you test positive for alcohol or illegal drug use under this policy, you will be disciplined, including possible termination.

Confidentiality
Information and records relating to positive test results, drug and alcohol dependencies, and legitimate medical explanations provided to the MRO will be kept confidential to the extent required by law, and maintained in secure files separate from normal personnel files. Such records and information may be disclosed among supervisors on a need-to-know basis, and may also be disclosed when relevant to a grievance, charge, claim or other legal proceeding initiated by or on behalf of an employee.