5091 - Drug-Free Workplace Policy

Statement

Washtenaw Community College employees are prohibited from the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance* in the workplace.

Objective

To notify employees that as a condition of employment, all Washtenaw Community College employees shall abide by the Drug-free Workplace Policy.

The College to be considered a responsible contract, under Section 4(8) of the Office of Federal Procurement Policy Act for the purpose of being awarded a contract for procurement of property or services valued at $25,000 or more, or a grant in any amount, from any federal agency, through certification by the College to provide a drug-free workplace.

Related Policy/Law

• Drug-free Workplace Act 1988, P.L. 100-690, effective March 18, 1989
• Policy on Work Practices and Rules of Conduct for Faculty and Staff, 1972 Employee Assistance Program
• Washtenaw Community College Education Association Master Agreement
• Washtenaw Community College Custodians' Chapter Master Agreement

*controlled substance refers to all illegal drugs and to legal drugs used without a physician's order. This policy does not prohibit taking prescribed medication under the direction of a physician.

Procedure/Definition

The College shall:

1. notify each employee in writing of the policy
2. have an awareness program designed to education employees about:
   • the policy
   • damages of workplace drug and alcohol abuse
   • availability of the Employee Assistance Program
   • penalties for drug and alcohol abuse in the workplace violations
3. require employees employed in a federal grant or contract, as a condition of employment, to notify their supervisor within five days of a conviction for a violation of any federal or state criminal drug statute occurring in the workplace. Subsequently, the College shall notify contracting/granting agencies within ten days of receipt of an employee conviction notice or within ten days of otherwise receiving actual notice of such conviction.
4. within 30 days following receipt of any College employee conviction notice, the College shall take appropriate personnel action against the convicted employee up to and including discharge. Such action may include required participation in the Employee Assistance Program; however, should the employee refuse participation or is unable to be rehabilitated, this may be cause for discharge.

Penalties

Any employee who violates any aspect of this policy will be subject to disciplinary action which may be immediate termination. Appropriate law enforcement agencies will be contacted with respect to confirmed employee use, sale, purchase, or possession of illegal drugs on the job.

Legal Drugs or Medications

Any employee taking drugs or medication prescribed by the employee's physician which may adversely affect that employee's ability to perform work in a safe or productive manner is required to advise his/her immediate supervisor of such medication. A physician's statement of the employee's ability to perform should be presented to assist the supervisor in determining whether the employee can remain at work and perform in safety to him/herself and others.

This policy is adopted in compliance with the Drug-free Workplace Act of 1988, P.L. 100-690.

Adopted: July 25, 1989
Administrative Review: May 2002
(5091)