SP 3-24 – Drug-Free Workplace

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SP 3-24

EFFECTIVE: April 20, 1989
REVISED: July 1, 1997
RETITLED: September 14, 2000
RETITLED: August 25, 2001
REVISED: January 10, 2019
REVISED: June 17, 2019

REFERENCES:
Drug-Free Workplace Acts of 1988 and 1998 (41 USC, Sec. 81)
Drug-Free Schools and Communities Act Amendments of 1989 (20 USC 1011i)
Controlled Substances Act of 1970 (21 USC, Sec. 801 et. seq.) and Implementing Regulations
Colorado Revised Statutes Section 42-4-1301 and Sections 18-18-203 through 207
Board Policy 3-24, Drug-Free Workplace
Board Policy 19-30 Drug Free Schools
State Personnel Board Rules and Personnel Director’s Administrative Procedures

APPROVED:

/ Joseph A. Garcia /
Joseph A. Garcia, Chancellor

Application

This procedure applies to all employees, as defined in BP 3-10, and volunteers in the Colorado Community College System (CCCS or System).

Basis

CCCS is committed to protecting the safety, health and well-being of its employees, students, authorized volunteers, guests, and visitors through implementation of this procedure outlining the requirements for drug-free awareness programs at each College and the System Office.

Employees impaired by alcohol, controlled substances, or other drugs including prescription and non-prescription medications during work hours may pose safety and health risks. It is the System’s intent to comply with each of the provisions of the Drug-Free Workplace Acts of 1988 and 1998 which prohibit the unlawful manufacture, distribution, dispensation, possession and/or use of a controlled substance where CCCS employees work, including while operating any state or CCCS owned vehicles or while conducting business for or representing CCCS. Additionally, it is the intent of CCCS to comply with the Drug-Free Schools and Communities Act Amendments as outlined in Board Policy (BP) and System President’s Procedure (SP) 19-30, Drug Free Schools.

All employees are encouraged to report dangerous behavior or evidence of impairment in the workplace to their supervisor or Human Resources Department.

Definitions

Controlled Substance: A drug, substance, or immediate precursor included in schedules I through V, as further defined in federal and state law, including cocaine, marijuana, marijuana concentrate, cathinones, any synthetic cannabinoid, and salvia divinorum (21 USC, Sec. 812 and related federal regulations, as well as Colorado Revised Statute § 18-18-102(5), §§ 18-18-203—207).

Prescription and Prescribed Medication: A written or oral order for a pharmaceutical drug for use by a particular person given by a practitioner in the course of professional practice, including controlled substances prescribed in accordance with the regulations promulgated by the Director of the United States Drug Enforcement Administration, pursuant to the federal drug abuse control laws.

Federal Sanctions

A federal agency may apply the following sanctions when an institution or organization receiving federal grants or contracting with a federal agency fails to comply with the provisions of the Drug-Free Workplace Act:

Compliance

Compliance with the Drug-Free Workplace Act requires an institution that receives federal grants; or that allocates federal funds to individuals; or that contracts with a federal agency; to provide a drug-free workplace and to obtain certification from individuals receiving funds that they will comply with applicable policies and laws related to drugs.

Students who receive grants from federal funds are required to complete the certification form provided by the federal agency, which is the funding source.

Institutions that receive funds allocated for the Perkins Loan, College Work-Study, and Supplemental Educational Opportunity Grant programs, must complete the annual Certification Regarding Drug-Free Workplace Requirements provided by the United States Department of Education.

Procedure

All employees are required to refrain from reporting to work or being subject to duty while their ability to perform job duties is impaired due to on or off-duty use of alcohol or drugs. This procedure applies during all work hours, whenever conducting business or representing CCCS and while on-call. If an employee tests positive for alcohol or other drugs during work hours, he or she may be in violation of this procedure and may be subject to disciplinary action, up to and including termination.

Employees taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may affect their ability to safely and efficiently perform their job duties. Any employee whose prescription or over-the-counter drugs may affect job performance must contact the College’s or System’s Human Resources office. In order to avoid unsafe workplace practices, if the use of a medication could compromise the safety of the employee, fellow employees or the public, it is the employee’s responsibility to notify her/his supervisor and the supervisor must notify Human Resources, or the employee may notify their Human Resources office directly.

Prohibited Behavior

It is a violation of this procedure for an employee to unlawfully possess, manufacture, use, sell or transfer, or be impaired by alcohol, marijuana, controlled substances, over-the-counter drugs, or other intoxicants during working hours, whenever conducting business or representing the System, and while on-call. The illegal or unauthorized use of prescription drugs is also prohibited. If an employee tests positive for alcohol or other drugs during work hours, the employee may be in violation of this policy.

Notification Requirements

Any employee who is charged with or convicted of a criminal drug violation occurring in the workplace or while performing job duties must notify her/his Human Resources office in writing as soon as possible, but no later than within five (5) calendar days of the charge or conviction. Employees must notify their Human Resources office within the same timeframe of any charges or convictions involving alcohol occurring in the workplace or while performing job duties, as well.

Consistent with the Drug-Free Workplace Act, upon notification from the employee pursuant to this procedure, or actual notification from any other source that an employee has been convicted of violating any criminal drug statute in the workplace, the Chancellor or College President or respective designee(s) shall take the following steps:

If the College or System receives notice that a classified employee has been convicted of violating a criminal drug statute in the workplace, a copy of the College’s or System’s notification of such to appropriate federal agencies must be forwarded to the State Personnel Director.

The System or each College receiving federal grants or contracts should refer to its contractual requirements and grant obligations after being notified by an employee convicted of a criminal drug crime occurring in the workplace, as many of these agreements include mandatory reporting requirements by the College or System to a federal component.

Applicable Alcohol and Drug Testing

To ensure the accuracy and fairness of our testing program, the System’s alcohol and drug testing vendors will comply with the model collection and drug testing standards issued by the United States Department of Health and Human Services through state price agreements in place for substance abuse testing.

All employees may be required to participate in reasonable suspicion testing when it is determined by the College or System that reasonable suspicion exists to suggest that the employee is under the influence of alcohol or drugs while on the job. Employees may be subject to post-accident testing when they cause or contribute to accidents that seriously damage a state vehicle, machinery, equipment, or property and/or result in an injury to the employee or another employee requiring offsite medical attention.

In addition to reasonable suspicion testing, some employees, depending on the nature and place of their duties or employment, and subject to applicable law including, but not limited to, Federal Motor Carrier Safety Administration regulations, may be subject to the following tests:

Testing for the presence of alcohol may be conducted by analysis of breath and/or urine. Testing for the presence of the metabolites of drugs may be conducted by the analysis of urine.

An employee who refuses to cooperate in the testing process, or who adulterates, dilutes, tampers with, or otherwise interferes with accurate testing may be subject to the same consequences as a positive test.

Any employee who tests positive will be given the opportunity to provide an explanation for the positive result.

Consequences and Personnel Actions

One of the goals of this procedure is to encourage employees to voluntarily seek help with alcohol and/or drug problems. An employee who violates this procedure may be subject to referral for treatment. In addition, violations of this procedure may result in personnel action, up to and including termination of employment depending on the circumstances involved.

In the case of applicants, if an individual violates this procedure, the offer of employment can be withdrawn.

Violators of the procedure may also be referred to the appropriate authorities for prosecution depending on the circumstances of the violation.

Return to Duty Agreements

If a College or the System determines that it is appropriate for positions requiring a commercial driver’s license, a Return-to-Duty (RTD) agreement may be implemented when an employee violates this procedure but remains employed or is otherwise retained by the entity. RTD work agreements are implemented to ensure the employee abides by the provisions set forth in the RTD agreement, while performing their job duties. An employee who violates an RTD work agreement may be subject to corrective and/or disciplinary action, up to and including termination.

Colorado State Employee Assistance Program

The Colorado State Employee Assistance Program (C-SEAP) is available to provide consultation regarding substance abuse issues. When an employee tests positive for alcohol, controlled substances, or other drugs including prescription and over-the-counter drugs or otherwise violates this procedure, and the appointing authority determines that the employee will be retained, the College or System is encouraged to utilize the resources available through C-SEAP.

It is the role and function of C-SEAP to:

Any employee referred to C-SEAP under this procedure for mandatory treatment will be required to sign a release of information allowing C-SEAP to report progress to the employee’s appointing authority.

An employee may seek assistance from C-SEAP at any time. The C-SEAP staff is also available for consultation with the Colleges or System regarding drug-free workplace education and training.

Confidentiality

CCCS respects the privacy of all employees. Therefore, reasonable precautions will be taken to ensure the privacy and confidentiality of an employee throughout the testing process and to administer procedures fairly and consistently. Access to this information is limited to those who have a legitimate “need to know” in compliance with relevant laws and policies. All drug testing information will be maintained in separate confidential records.

Distribution of Policy Statement and Verification

Each College and the System will require that each employee covered by this procedure receive a copy of the Drug-Free Workplace Policy Statement, which is based on BP 3-24, and that each employee signs an Employee Acknowledgment Form verifying receipt and acknowledging compliance as a condition of employment.

Revising this Procedure

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.

Appendix

Employee Acknowledgement Form Drug-Free Workplace Policy Statement

EMPLOYEE ACKNOWLEDGMENT FORM

DRUG-FREE WORKPLACE POLICY STATEMENT

_____________________________
Name of College/System

I, THE UNDERSIGNED EMPLOYEE have received a copy of the Drug-Free Workplace Policy Statement; and

                                                                                    
__________________________
Employee Name (Printed)

                                                                                                                                                           
__________________________
Employee Signature                                                                                   
__________________________
Date