Article C - Drug & Alcohol-Free Workplace

Title: ARLS Personnel Policy: ARTICLE C – Drug- & Alcohol-free Workplace  
Prepared by: Valerie Bell & Donna Brumby Date: March 28, 2017
Submitted to: ARLS Policy Committee Date: April 25, 2017
Approved by: ARLS Board of Trustees Date: July 20, 2017
Revised Date:

The Athens Regional Library System maintains a drug-free workplace. The library is committed to providing a safe work environment and to fostering the well-being and health of its employees. That commitment is jeopardized when any ARLS employee illegally uses drugs on or off the job, comes to work under their influence, possesses, distributes, or sells drugs in the workplace, or abuses alcohol on the job. Therefore, ARLS establishes the following policy:

  1. It is a violation of library policy for any employee to use, possess, sell, manufacture, dispense trade, offer for sale, or offer to buy illegal drugs or controlled substances, or to otherwise engage in the illegal use of drugs on or off the job.
  2. It is a violation of library policy for any employee to report to work or to be on library property under the influence of or while possessing in his or her body, blood, or urine illegal drugs in any amount.
  3. It is a violation of library policy for any employee to report to work or to be in or on library property under the influence of or impaired by alcohol.
  4. It is a violation of library policy for any employee to use legally obtained drugs illegally, i.e., to use prescription drugs or medications that have not been legally obtained, or in a manner or for a purpose other than as prescribed.
  5. Violations of this policy are subject to disciplinary action up to and including termination.

As a condition of employment, employees must abide by the terms of this policy and must notify ARLS in writing of any personal conviction of a violation of a criminal drug statute no later than five calendar days after such conviction.

Title: ARLS Personnel Policy: ARTICLE C.1. Use of Legally Obtained Drugs  
Prepared by: Valerie Bell & Donna Brumby Date: March 28, 2017
Submitted to: ARLS Policy Committee Date: April 25, 2017
Approved by: ARLS Board of Trustees Date: July 20, 2017
Revised Date:

C.1. Use of Legally Obtained Drugs

Nothing in ARLS policy precludes the appropriate use of legally prescribed medications on the job. Employees may not be on the job, on call, on ARLS property, operating Library equipment or vehicles, or operating any other equipment or vehicle while on Library business while impaired due to any drug, legal or illegal, that renders the employee unfit for duty. Employees are not allowed to work under the influence of marijuana or cannabinoids, whether legally prescribed or not.

An employee who is using legally obtained medications must notify his or her immediate supervisor of any and all symptoms and probable adverse side effects that may render the employee unfit for duty. An employee’s failure to so notify ARLS constitutes grounds for disciplinary action, up to and including termination.

Employees using legally obtained drugs while on the job shall do so in strict accordance with physician and/or manufacturer’s directions. It is the responsibility of the employee to notify the prescribing physician of the duties required by the employee’s position and to ensure that the physician approves the use of the medication while the employee is performing his/her work duties. If side effects from taking medication impair the ability of an employee to perform work, he/she will be considered unfit for duty.

Title: ARLS Personnel Policy: ARTICLE C.2. Employee Assistance & Treatment  
Prepared by: Valerie Bell & Donna Brumby Date: March 28, 2017
Submitted to: ARLS Policy Committee Date: April 25, 2017
Approved by: ARLS Board of Trustees Date: July 20, 2017
Revised Date:

C.2. Employee Assistance & Treatment

The library offers resource information on various means of employee assistance in the community, including but not limited to, drug and alcohol abuse programs. Employees are encouraged to use this Employment Assistance Program (EAP) resource file, which is maintained by the Personnel Manager.

Employees who self-report substance abuse will be offered these referrals to local counseling and treatment centers when abuse has not been detected as being in violation of the Drug- and Alcohol-free Workplace Policy. This treatment option will be offered on a one-time basis only. Employees who are unable or unwilling to rehabilitate, are unable to perform their duties because of impairment or incapacity due to illegal drug use, have been apprehended selling drugs illegally, or who provide a risk to the safety of the public or co-workers will be dismissed. Employees will be responsible for the payment of any treatment program in which they participate.

Title: ARLS Personnel Policy: ARTICLE C.3. Employee Testing  
Prepared by: Valerie Bell & Donna Brumby Date: March 28, 2017
Submitted to: ARLS Policy Committee Date: April 25, 2017
Approved by: ARLS Board of Trustees Date: July 20, 2017
Revised Date:

C.3. Employee Testing

Drug testing of employees may be required under any of the following circumstances.

  1. When there is reasonable suspicion that an employee is using illegal drugs or abusing alcohol. “Reasonable suspicion” is based on a belief that an employee is using or has used drugs or alcohol in violation of the employer’s policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon, but not limited to, the following:
    1. Observable phenomena while at work such as direct observation of substance abuse or of the physical symptoms or manifestations of being impaired due to substance abuse;
    2. Abnormal conduct or erratic behavior while at work, or a significant deterioration in work performance;
    3. A report of substance abuse provided by a reliable and credible source;
    4. Evidence that an individual has tampered with any substance abuse test during his or her employment with the current employer;
    5. Information that an employee has caused or contributed to an accident while at work;
    6. Evidence that an employee has used, manufactured, possessed, sold, solicited, or transferred drugs while working or while on the employer’s premises or while operating the employer’s vehicle, machinery, or equipment.
  2. When employees have caused or contributed to an on-the-job injury that resulted in a loss of work time, which means any period of time during which an employee stops performing the normal duties of employment and leaves the place of employment to seek care from a licensed medical provider.
  3. When an employer sends employees for a substance abuse test if/when they are involved in on-the-job accidents where personal injury or damage to company property occurs.
  4. As part of a follow-up program to treatment for substance abuse.

If, during any test, the physician, official, or lab technician has reasonable suspicion to believe that the employee has tampered with the specimen, the employee is subject to disciplinary action up to and including immediate termination.

The library reserves the right to establish and administer a program for routine drug screening of employees.  Under such a program a substance abuse test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination that is part of the employer’s established policy; or that is scheduled on a monthly basis for randomly selected employees throughout the Region.

Employees with a confirmed positive test result may, at their option and expense, have a second test made on the same specimen, at a laboratory approved by the Library. An employee will not be allowed to submit another specimen for testing.

Title: ARLS Personnel Policy: ARTICLE C.4. Pre-employment Drug Testing  
Prepared by: Valerie Bell & Donna Brumby Date: March 28, 2017
Submitted to: ARLS Policy Committee Date: April 25, 2017
Approved by: ARLS Board of Trustees Date: July 20, 2017
Revised Date:

C.4. Pre-employment Drug Testing

Newly hired employees in this library system will undergo testing for the presence of illegal drugs as a condition of employment. Any new hire with a confirmed positive test will be denied employment.

Applicants will be required to submit voluntarily to a urinalysis test at a laboratory chosen by this library system, and by signing a consent agreement, will release the library system from liability for the test. The labs chosen by the library follow the Health and Human Services Mandatory Guidelines for Federal Workplace Drug Testing Programs published by the Substance Abuse and Mental Health Services Administration (SAMHSA).

The testing laboratories used by the library system test for some or all of the following: amphetamines, cannabinoids, cocaine, phencyclidine, methadone, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphene, or any other drugs made unlawful under federal or state laws, or a metabolite of any such substances having the same or similar psychotropic effects. Tests may also be used to detect the presence of alcohol, marijuana, hallucinogens, inhalants, or substances used to alter a urine specimen or to conceal illicit chemical substances.

If the physician, official, or lab technician has reasonable suspicion to believe that the newly hired employee has tampered with the specimen, the newly hired employee will not be considered for employment.

This library system will not discriminate against applicants for employment because of a past history of drug abuse. It is the current abuse of drugs, preventing employees from performing their jobs properly, that this library system will not tolerate.

The library reserves the right to establish and administer a program for routine drug screening of employees.  Under such a program a substance abuse test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination that is part of the employer’s established policy; or that is scheduled on a monthly basis for randomly selected employees throughout the region. Employees with a confirmed positive test result may, at their option and expense, have a second confirmation test made on the same specimen. An employee will not be allowed to submit another specimen for testing.

Title: ARLS Personnel Policy: ARTICLE C.5. Alcohol Abuse  
Prepared by: Valerie Bell & Donna Brumby Date: March 28, 2017
Submitted to: ARLS Policy Committee Date: April 25, 2017
Approved by: ARLS Board of Trustees Date: July 20, 2017
Revised Date:

C.5. Alcohol Abuse

The consumption or possession of alcoholic beverages on library premises is prohibited. An employee whose normal faculties are impaired due to the consumption of alcoholic beverages, or whose blood alcohol level tests .05 or higher, while on duty/library business shall be guilty of misconduct, and shall be subject to discipline up to and including immediate termination. Failure to submit to a required substance abuse test also is misconduct and also shall be subject to discipline up to and including termination.

Title: ARLS Personnel Policy: ARTICLE C.6. Confidentiality of Testing Results  
Prepared by: Valerie Bell & Donna Brumby Date: March 28, 2017
Submitted to: ARLS Policy Committee Date: April 25, 2017
Approved by: ARLS Board of Trustees Date: July 20, 2017
Revised Date:

C.6. Confidentiality of Testing Results

The confidentiality of any information received by the employer through a substance abuse testing program shall be maintained, except as otherwise provided by law.

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