Policy Statement: Lewis & Clark College seeks to assure the physical safety of its students, employees, and visitors to campus. Therefore, consistent with state and federal laws including Higher Education Assistance Act and the Drug-Free Workplace Act, in conjunction with the Lewis & Clark College’s Alcohol and Drugs Policy, and to protect the safety of all students and employees, the College adopts the following policy designed to prevent the illicit use of drugs and the abuse of alcohol by College employees.
The College will conduct reasonable suspicion and post-accident drug and alcohol testing, at the College’s expense, when warranted.
Reasonable Suspicion Testing
Employee drug and alcohol testing may occur whenever the College has a reasonable suspicion that an employee is under the influence of alcohol, illegal drugs or controlled substances.
Reasonable suspicion testing must be based on specific observations concerning the appearance, behavior or speech of an employee. When an incident occurs, the supervisor and Human Resources must immediately be notified to review the circumstances and facts related to the suspicion in order to ascertain the merits of the observation and to specify further action. If testing is required based on a reasonable suspicion and subsequent observation, the supervisor is responsible for arranging for the employee to be safely transported to and from the testing laboratory. If necessary, a family member will be contacted to escort the employee to drug testing or to their home.
A written record of the observations leading to a drug or alcohol test shall be made and signed by the individual making the observations. The written record must be completed within 24 hours of the observed behavior and subsequently submitted to Human Resources.
The College reserves the right to determine whether reasonable suspicion exists, the level of discipline to be applied and whether an employee should be given the opportunity to participate in rehabilitation through a drug and/or alcohol treatment program.
Drug testing will generally be conducted by urinalysis for drugs and Breathalyzer for alcohol and will include testing for at least the following drugs:
Marijuana (THC), Cocaine, Opiates, Barbiturates, Amphetamines (including Methamphetamines) and Alcohol.
The College will engage the services of a qualified testing laboratory. The appropriate testing site may vary and will be determined when a test is required.
The College reserves the right to determine what constitutes an accident. Typically, testing may be required of all employees involved in the event of an accident or incident or “near miss” while in the course and scope of employment that results in or had the potential to result in physical injury or property damage.
Consent, Cooperation and Consequences: Individuals taking a drug and/or alcohol test must sign the appropriate release to allow the laboratory to release the test results to the College. Any employee who refuses to consent to drug and/or alcohol testing, tampers with a sample, tests positive or otherwise violates this policy may be placed on leave with or without pay, at the College’s discretion, until an appropriate disciplinary action is determined. Disciplinary action may include termination of employment.
Positive Test Result: A positive test result will automatically be sent to an independent Medical Review Officer (MRO). The MRO will evaluate the test result, often in consultation with the employee, to determine whether there is a medically valid reason to overturn the results.
If the MRO does not find reason to overturn the results of a positive test, an employee who has tested positive will be subject to disciplinary action up to and including termination. A meeting will be scheduled with the employee and union representative, if applicable, to discuss the results of the drug test and determine the appropriate disciplinary action.
For the first time an employee tests positive, and only then, the College may offer the employee an opportunity for rehabilitation in conjunction with a last chance agreement.
Rehabilitation: The College attempts to provide employees the opportunity to deal with drug and alcohol related problems. Any employee who voluntarily requests assistance in dealing with a drug and/or alcohol problem is encouraged to seek professional counseling for an assessment with an accredited alcohol and drug professional and, if appropriate, to enter a treatment program. Generally, employees who self-refer to such programs before work performance problems arise will not be disciplined. Professional counseling and treatment programs for drug and/or alcohol problems may be available through College-provided health insurance or the College’s Employee Assistance Program. Any cost not covered by health insurance is the employee’s responsibility. Discontinuation of any involvement with drugs and/or alcohol is a requirement for participation in any treatment program.
Because of disciplinary action arising from a drug and/or alcohol problem or as a condition of continued employment, an employee may be required to participate in a drug and/or alcohol treatment program. A professional will first evaluate an employee who is so required. An employee may be required to participate in follow-up care as part of a comprehensive drug and/or alcohol treatment program. Depending on the nature of the conduct that led to the employee’s required participation in a drug and/or alcohol treatment program, the employee may be required to submit to random drug or alcohol screenings for a specified period of time and to meet performance standards that are imposed as a condition of continued employment. An employee who has tested positive and who is subject to disciplinary action short of termination will be suspended from work without pay until the employee tests negative at a qualified testing laboratory.
Confidentiality: All medical information including drug or alcohol test results or treatment procedures will be treated as confidential medical information and will be accessible only to those College administrators and designated medical and professional persons with a specific need to know.
Alcohol: Means ethyl alcohol (ethanol). References to use or possession of alcohol include use or possession of any beverage, mixture or preparation containing alcohol.
Authorized Drug: Prescribed drugs that are used as prescribed by a medical professional or over-the-counter drugs used as intended by the manufacturer.
Controlled Substances: Means any substance (other than alcohol but including prescription medicine) that has known mind or function-altering effects that may impair or affect the ability to safely and effectively perform work, the access to which is controlled by law.
Employee: Any full-time or part-time College employee.
Employee Assistance Program: The College’s designated Employee Assistance Program, which is available to provide assessment, referral and short-term counseling on a confidential basis.
Illegal Drugs: Any form of drug, narcotic, hallucinogen, depressant stimulant, cannabis, or other substances capable of creating or maintaining impairment or otherwise affecting one’s physical, emotional or mental state; the sale, purchase, transfer, use or possession of which is prohibited by law.
Medical Review Officer (MRO): Positive test results will automatically be sent to a licensed medical doctor independent from the College and the testing laboratory. The role of the MRO is to review positive results from a medical viewpoint to look for a medically valid reason to overturn the results.
Post Accident Testing: Testing will be required in the event of an accident, incident or “near miss” while in the course and scope of employment that results in or had the potential to result in physical injury or property damage.
Reasonable Suspicion: An observation or observations of an employee’s condition or performance that indicates the employee may be under the influence of a controlled substance, illegal drug or alcohol. Examples may include altered work performance, unusual behavior, speech or appearance (including, for example, noticeable odor of an alcoholic beverage or marijuana).
Under the Influence: A breath alcohol level at or above .04 ml/dl or a detectable amount of illegal drugs or controlled substances above the threshold limit established by the testing laboratory, in an employee’s blood or urine as reported by the laboratory, or use of alcohol, illegal drugs or controlled substances that results in any noticeable or perceptible impairment of the employee’s mental or physical faculties or job performance.
Approved by the Executive Officers, April 29, 2003.