Alcohol and Other Drugs Policy

Purpose

It is the NEGC’s objective to establish and maintain a work environment free from the effects of alcohol and other drugs.The effects of alcohol and other drugs in the workplacecould undermine the productivity of the NEGC’s workplace.The adverse effects of alcohol and other drugs create a serious threat to the welfare of fellow employees and to citizens. NEGC’s,therefore,adopts the following policy and procedures to address alcohol and other drug problems in the public work force.

Employees to Whom Policy Applies

This policy applies to all positions whether full-time or part-time,or paid on a salaried or an hourly basis.

Definitions

Alcohol

Any product defined as such in the Alcohol Beverage Control Act.

Conviction

A finding of guilty (including a plea of guilty or nolo contendere),or imposition of sentence,or both,by any judicial body charged with the responsibility of determining violations of the criminal drug laws,alcohol beverage control  laws,or laws that govern driving while intoxicated.

Criminal Drug Law

Any criminal law governing the manufacture ,distribution,dispensation,use,or possession of any controlled drug.

Controlled Drug

Any substance defined as such in the Drug Control Act, and whose manufacture, distribution, dispensation, use, or ,possession is controlled by law.

Employee

All employees,whether full-time or part-time,or paid on a salaried or on an hourly basis.

Management

The person(s) ultimately responsible for an employee’s workplace and performance.

Other Drug

Any substance other than alcohol that may be taken into the body and may impair mental  difficulties and/or physical performance.

Supervisor

The person immediately responsible for an employee’s workplace and performance.

Employee Responsibilities

Abide by policy

Employees must abide on Alcohol and Other Drugs, and applicable disciplinary policies.

Report convictions

  1. Employees must notify their supervisors of any conviction of:
  • a criminal drug law,based on conduct occurring in or outside of the workplace;or
  • an alcohol beverage control law or law that governs driving while intoxicated ,based on conduct occurring in the workplace.
  1. How notification given
  • Notification of a conviction must be made in writing and delivered no later than five calendar days after such conviction.
  1. Effect of appeal of conviction

An employee’s appeal of a conviction does not affect the employee’s obligation to report the conviction.

Violations

Each of the following constitutes a violations of this policy:

A

The unlawful or unauthorized manufacture, distribution , dispensation, possession, or use of alcohol or other drugs in the workplace;

B

Impairment in the workplace from the use of alcohol or other drugs, except from the use of drugs for legitimate medical purposes;

C

A criminal conviction for a:

  1. violation of any criminal drug law, based upon conduct occurring either on or off the workplace; or
  2. violation of any alcohol beverage control law or law that governs driving while intoxicated, based upon conduct occurring in the workplace; and

D

An employee’s failure to report to hiss or her supervisor the employee’s conviction of any offense.

Disciplinary Action

For policy violation(s)

Any employee who commits any violation , shall be subject to the full range of disciplinary actions, including discharge, pursuant to applicable disciplinary policies.

Severity of discipline

The severity of disciplinary action for violations of this policy shall be determined on a case-by-case basis. Mitigating circumstances that may be considered in determining the appropriate discipline include whether the employee voluntarily admits to , and seeks assistance for, an alcohol or other drug problem.

Management Responsibilities

Fair application of policy

  1. NEGC’s is dedicated to assuring fair and equitable application of this policy. Therefore, management shall use and apply all aspects of this policy in an unbiased and impartial manner.
  2. Any supervisor who knowingly disregards the requirements of this policy , or who is found to have deliberately misused this policy in regard to subordinates, shall be subject to disciplinary action, up to and including discharge.

Provide employees with copy of summary of policy or, upon request, copy of entire policy

  1. Management must provide to every employee a copy of the Summary of NEGC’s Policy on Alcohol and Other Drugs (see Attachment1), or, upon an employee’s request , a copy of the entire policy.
  2. Employees shall be required to sign a form indicating their receipt of either the Summary or the entire policy. This form shall be kept in the employee’s personnel file.

Post policy

Management must post a copy of the entire policy in a conspicuous place or places in the workplace.

Training of agency representatives and supervisors

The Department of Human Resource Management shall instruct other departmental representatives, who in turn shall instruct their corresponding supervisors, on the implementation of this policy, including:

  1. how to recognize behaviors that may indicate impairment from alcohol and/or other drug use:
  2. appropriate referral techniques; and
  3. resources for rehabilitation for alcohol and other drug use.

Ongoing employee education

Departments must inform employees, on an ongoing basis, of:

  1. the dangers of alcohol and/or other drug use or abuse in the workplace;
  2. available counseling for alcohol and/or other drug use;
  3. available rehabilitation and employee assistance programs; and
  4. the penalties that may be imposed for policy violations.

Appropriate action whennotified of violations

  1. Within 30 calendar days of receiving notice of an employee’s criminal conviction, or of any other violation of this policy, management must:
  • take appropriate disciplinary action against the employee;and/or
  • require the employee to participate satisfactorily in a rehabilitation program if a drug-related conviction is received, or recommend such a program if an alcohol-related conviction is received. An employee’s satisfactory participation in a rehabilitation program shall be determined by management after:
  • the employee’s presentation of adequate documentation (the agency has discretion to determine what documentation will be required ); and/or
  • consultation any rehabilitation program ,provided that the employee gives his or her consent when the rehabilitation program that treated the employee.

2. Within ten calendar days after receiving notice that an employee has been convicted of a criminal drug law violation occurring in the workplace, the department shall notify the management.

Rehabilitaton Programs

Employees with problems related to the use of alcohol or other drugs are encouraged to seek counseling or other treatment.

Assistance from management

  1. Management is encouraged to assist employees seeking counseling or other treatment.
  2. Management should refer an eligible employee to a rehabilitationprogram.

Assistance from other agencies

Employees may contact other agencies, such as the Department of Mental Health, Mental  Retardation and Substance Abuse Services, the Department of Health, the Department of Rehabilitative Services.

Leaves of absence to seek rehabilitation

  1. At the discretion of management , employees may be granted leaves from work to participate in treatment programs for alcohol and/or other drug use problems.

Confidentiality and Maintenance of Records

All records and information concerning personnel actions related to his policy shall remain confidential and shall be disclosed only with the employee’s permission , or when the management determines that disclosure is necessary for its efficient operation.