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Policies - Bloomsburg University 3.03.15

BLOOMSBURG UNIVERSITYPOLICIES AND PROCEDURES

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PRP 6950 - Drug-Free Workplace Policy

Issued by: Dr. Robert Parrish, Vice President of Administration and Treasurer

Effective Date: 10/30/91

Illegal or inappropriate use of controlled substances or alcohol by Universityemployees impairs the efficiency of the work force, compromises public heathand safety, and undermines the attainment of the mission of this University.Bloomsburg University is concemed with the well being of its employees andthe general public, the attainment of a drug-free workplace as well as the needfor encouragement of the use of employee assistance programs.

Under the University's policy, all employees are prohibited from:

The unlawful manufacturing, distributing, dispensing, selling, possessing, or

using a controlled substance or alcohol on University property, in universityvehicles, or while off the premises performing work functions for the University;or

Reporting for work or performing work under the influence of a controlledsubstance or alcohol; or

Using University property or one's position to facilitate the unlawfulmanufacture, distribution, sale, dispensation, pos~ssion or use of a controlledsubstance or alcohol.

Employees are not prohibited under (A), (B) or (C) above from the utilization ofcontrolled substances or alcohol for legitimate research and teaching purposes

as approved by the Office of Research and Graduate Studies.

Any employee who is convicted of violating any statute goveming the unlawfulmanufacture, distribution, dispensation, possession or use of controlled

substances or alcohol in any University workplace shall notify the EAP.Coordinator (the Director of Personnel and Labor Relations shall fulfill thefunction of the E.A.P. Coordinator until a new position or appointment can be

made) of such conviction no later than five (5) days after such conviction. Aconviction means a finding of guild (including a plea of no contest, disposition inlieu of trial or accelerated rehabilitative disposition) or imposition of sentence,

or both, by any judicial body charged with responsibility to determine violationsof the federal or state criminal drug statutes.

Employees who are convicted of controlled substance violations occurring inthe work place must satisfactorily participate in an employee assistance

program or other rehabilitation program that is approved for such purposes bythe E.A.P. Coordinator. An employee who elects such participation mayrequest that disciplinary action be suspended while counseling, rehabilitation orassistance programs are being utilized. An employee who, having successfullyparticipated in such a program again engaged in conduct prohibited by thispolicy I subject to disciplinary action, as stipulated by the grievance proceduresset forth in an appropriate collective bargaining agreement or the Management

Rights Policy, State System of Higher Education.

Any disciplinary action taken by the university pursuant to this policy against

any employee who is not employed pursuant to a Collective bargaining............... -.

http://www.bloomu.edu/policies/6950.php 10/9/2008

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agreement may De tormally appealea to tne University Wltnln ten (1U) aays. Anemployee who brings such an appeal will have the opportunity to offer evidenceand cross-examine the witnesses.

Any employee having or suspected of having problems with a controlledsubstance or alc9hol, as may be evidenced by poor or diminished work

performance shall be referred to the Employee Assistance Program.

And educational program will be established to provide all employees in themost accurate information on alcohol and substance use and abuse. This

program, facilitated by the Employee Assistance Program Coordinator, willinclude information on the following topics: (a) Bloomsburg University's policyof maintaining a drug free workplace, (b) the state of the law, (c) issued ofconfidentiality, (d) the dangers of alcohol and substance abuse, (e) the earlysigns of alcohol and substance abuse, and (f) the available resources forevaluation, intervention, counseling and rehabilitation. An ongoing program willbe instituted to educate new employees regarding this policy and program, andto continually update present employees as new information becomesavailable. (See the educational program for details.)

The Office of the Vice President of Administration is responsible for assuring

that the University's Policy on Substance Abuse in the Workplace andinformation about the employee assistance programs are furnished to allemployees via the Employee assistance Coordinator.

Each new employee who is subject to this policy will be furnished a copy andbe required to sign a statement stating that he or she has received, reviewedand understands this policy.

This policy applies to all employees as stated in the introduction except to theextent of any inconsistency with national, state or local law.

Information regarding the use of drugs or alcohol by any individual or thetesting results of any employee will be maintained in confidence by theUniversity to the extent practicable under laws, and in accordance with stateand federal Rehabilitation and Privacy Acts.

The Office of the Vice President of Administration, with the assistance of the

Employee Assistance Program Coordinator, shall:

Carry out the implementation, direction, administration and management of the

entire Drug-Free Workplace Program; and

Assure compliance of the University's Policy in accordance with state and

federal statutes and regulations, and

Coordinate with the Assistant Vice President for Research and Graduate

Studies the notification of employee convictions under provision #3 in order thatany federal funding agency may be notified of any employee conviction for drugactivity at the workplace within 10 days of receiving such notice from theemployee.

Coordinate the implementation and revisions of the University's Policy withlabor organizations.

Controlled Substance, for the purpose of this policy, is defined as listed inSchedules I through V of Section 202 of the Controlled Substances Act, 21U.S.C. 812. The lists are available in the Office of Personnel and LaborRelations and the Office ofthe E.A.P. Coordinator.

"Drug Free Workplace" Education ProgramThe strength of the "Drug Free Workplace" policy lies in education, assessmentand referraJ l';ervir.Al';. l';hort-term colJnl';elina an intervention. The entire


Policies - Bloomsburg University

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university community (top-cown) needs to have an understanding of theproblems and solutions involved in promoting a work environment free fromdrugs. Thus, the attached educational program is designed to enlightenadministrators, faculty and staff.

The effective implementation and ongoing success of the program depends onthe endorsement and financial commitment of the President and

Administration. The key individual employed to carry out this mission needs tohave professional experience in a relevant human or mental health field. Thedevelopment of the program would meet both the needs of the University and

the individual: promoting not only a "drug free workplace" but the total conceptofwellness.

Our research indicates in-house assistance programs are most cost effective,provides greater control, and are more positively accepted by employees andunions. It is essential that the EAP program be highly visible and separate fromdirect administrative involvement.

Addendum "A" Federal Grant Requirements

This Addendum to the "Drug-Free Workplace Policy and Education Program"provides policy guidance for project directors, principal investigators, and allother employees, including students, working under a federal grand(s), eitheron the premises of Bloomsburg University or at an approved off-campusworksite.

Authority

To comply with the Drug-Free Workplace Act of 1988 (Public Law 100-690),effective March 18, 1989, organizations that receive federal grants are required

to establish a formal written policy which informs employees that the use,distribution and possession of illegal drugs in the workplace are prohibited.(SEE: Bloomsburg University's Drug-Free Workplace Policy and EducationProgram, including Addendum "A" - Federal Grant Requirements)

Responsibility

The Director of Personnel is responsible for publishing and implementing the

university's drug-free workplace policy and distributing copies to all employees.The Director of Personnel is also responsible for taking any personnel actionfor violations of a criminal drug statute (SEE: page 3, item 5.), and for informingthe Assistant Vice President for Graduate Studies and Research of anyconvictions reported by employees working under a grant funded by a federalagency (ies). (SEE: page 2, item 3.)

The Assistant Vice President for Graduate Studies and Research is responsible

for notifying the funding agency(ies) in writing of any convictions reported to theDirector of Personnel. (SEE: page 2, item 4.)

The Director of Grants is responsible for ensuring that the official form,"Certification Regarding Drug-Free Workplace Requirements for GranteesOther Than Individuals," is completed and submitted to the cognizant federal

agency prior to the award of a grant. The Director of Grants is also responsiblefor obtaining a signed "Statement of Assurance of Compliance" with the

university's drug-free workplace policy from individuals employed under afederal grant. (SEE: Addendum "A".)

The project director/principal investigator is responsible for keeping the Directorof Grants informed of the names, position titles, and worksites of all employeesworking on a federal grant in order that signed statements of assurance withthe university policy are obtained.

http://www .bloomu.edu/policies/6950. php 10/9/2008


Certification Regarding Drug-Free Workplace Requirements For GranteesOther Than Individuals

As a precondition of receiving a federal grant, Bloomsburg University certifiesthat it will or will continue to provide a drug-free workplace by:

Providing a copy of the university's Drug-Free Workplace Policy and EducationProgram," induding Addendum "A" - Federal Grant Requirements, to eachemployee to be engaged in the performance of the grant;

Obtaining a signed statement of compliance with the university policy fromindividuals employed under a federal grant;

Informing each employee to be engaged in the performance of the grant that,as a condition of employment under the grand, the employee will notify theemployer (Bloomsburg University Director of Personnel) in writing of his or herconviction for a violation of a criminal drug statute occurring in the workplace

not later than five calendar days after such conviction;

Notifying the funding agency in writing, within ten calendar days of receivingnotice under item 3 above from an employee or otherwise receiving actualnotice of each conviction. Employers of convicted employees must providenotice, induding position title, to every federal grant officer of other designee on

whose grant activity the convicted employee was working, unless the federalagency has designated a central point for the e receipt of such notices. Noticeshall include the identification number (s) of each affected grant;

Taking appropriate personnel action against such an employee, within 30calendar days of receiving notification under item 3 above, up to and includingtermination, consistent with the requirements of the Rehabilitation Act of 1973,as amended; or requiring each employee to participate satisfactorily in a drugabuse assistance or rehabilitation program approved for such purposes by afederal, state, or local health, law enforcement, or other appropriate agency;

Making a good faith effort to continue; to maintain a drug-free workplacethrough implementation of the Bloomsburg University "Drug-Free WorkplacePolicy and Education Program," including Addendum "A" - Federal GrantRequirements, and by providing an ongoing drug-free awareness program.

Please note: Information regarding certification requirements for grantees whoare individuals may b obtained from the university grants office.

Definitions

Controlled substance means a controlled substance in schedules I through V of

the Controlled Substances Act (21 U.S.C. 812), and as further defined byregulations at 21 CFR 1308.11 through 1308.15.

Conviction means finding of guilt (including a plea of nolo contendere) orimposition of sentence, or both, by any judicial body charged with theresponsibility to determine violations of the federal or State criminal drugstatutes.

Criminal drug statute means a Federal or non-Federal criminal statute involvingthe manufacture distribution, dispensing, use, or possession of any controlledsubstance.

Drug-free workplace means a site for the performance of work done inconnection with a specific grant at which employees of the grant (Bloomsburg

University) are prohibited from engaging in the unlawful manufacture,distribution, dispensing, possession, or use of a controlled substance;

Employee means the employee of a grantee (Bloomsburg University) directly______ ..1 :_ <&oL..••••. __ ..& &~ •• _ ••.•, ••••••.••••••••.•••.•.•.••.•••._ ••.__ .•. : __ 1 ••••.• ;;__ .•••.11 1' •••• :_ ••••. -'"

http://www. bloomu.edu/policies/6950. php 10/9/2008


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charge" employees, all "indirect charge" employees, unless their impact orinvolvement is insignificant to the performance of the grant. Also included arestudent employees and temporary personnel and consultants who are directlyengaged in the performance of work under the grant and who are on thegrantee's payroll.

This definition does not include workers not on the payroll of the grantee (e.g.,volunteers, even if used to meet a matching requirement; consultants orindependent contractors not on the payroll; or employees of subrecipients orsubcontractors in covered workplaces).

Grants office

August 28, 1990Personnel Office

September 12, 1991


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