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G-32-6 Drug-Free Workplace Policy

COCC Employee Conduct - Drug and Alcohol Policy

In compliance with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendment of 1989 (Public Law 101-226), it shall be the policy of Central Oregon Community College to maintain a drug-free campus for all employees and students.

COCC's Drug Free Campus Policy includes prohibiting the use of medical marijuana on campus property or for any campus-sponsored class, activity or event regardless of location. While Oregon law as of July 1, 2015, may allow certain marijuana-related activities, such as limited medical marijuana use and other recreational use and possession, using and possessing marijuana in any form remains a crime under federal law.  COCC’s policies related to the use and possession of recreational marijuana has not changed now that the state of Oregon’s recreational marijuana law has taken effect.

The unlawful possession, use, or distribution of illicit drugs and alcohol is prohibited on the College campuses, in all College facilities, or as part of any College-sponsored activity, regardless of where that activity is located. Violators of this policy will be prosecuted to the full extent of State and Federal law and, in addition, there are specific consequences for employees and for students which are also stated in the College Drug-Free Campus Procedures.

 

COCC Employee Conduct - Drug and Alcohol Policy 

Policy Purpose:

Central Oregon Community College has a responsibility to our employees, to our students, and to the general public to ensure safe operating and working conditions.  To satisfy our drug free workplace objective and meet these responsibilities, we must establish a work environment where employees are free from the effects of drugs, alcohol, or other impairing substances. Accordingly, we have adopted this drug and alcohol policy.

Scope:

This policy applies to all employees of COCC while on COCC premises, as that term is described below. The Human Resource (HR) department is responsible for policy administration.

Definitions:

  1. “COCC premises” includes all buildings, offices, facilities, grounds, parking lots, lockers, places and vehicles owned, leased or managed by COCC, or any site on which COCC is conducting work-related activities.

b. “Drugs” shall include any illegal drug, hallucinogenic drug, prescription drug (in the possession of an individual without a valid prescription), narcotic drug, amphetamine, barbiturate, marijuana, or any other controlled substance (as the same is defined in ORS 475B.005 pr Schedules I through V under the Federal Controlled Substance Act, 21 U.S.C. Section 812).

c. “Alcohol” shall include any form of alcohol consumption, including but not limited to beer, wine, wine coolers or distilled liquor.

d. “Refuse to cooperate” means any employee who: (1) expressly refuses to take a test when so requested by the HR department; (2) fails to provide an adequate breath, saliva, or urine sample without a valid explanation; or (3) engaged in conduct that clearly obstructs the testing process. See Notification of Test Results in this policy for additional details on testing.

 

Possession, Use or Distribution of Illegal Drugs or Alcohol:

The following conditions and activities are expressly prohibited on COCC premises and/or during work time and/or while representing COCC in any work-related fashion and will subject employees to disciplinary action at the sole discretion of COCC, up to and including immediate termination of employment, and may be referred to local law enforcement authorities, if necessary: 

 

    1. The unlawful manufacture, distribution, offer, sale, attempt to sell, use or possession of alcohol or illicit drugs.
    2. Reporting for work or being at work under the influence of alcohol or illegal drugs in a manner that may impair work performance.

 

Events on the COCC Campus:

Alcohol is prohibited on COCC premises except at sponsored events where prior permission has been granted in accordance with G-2-2.  Alcoholic beverages may be served at events where the target audience is not primarily students and with prior approval of the President and notification of the Board. The servicing of alcoholic beverages will be managed and handled by a licensed food service contractor.

 

Employee Assistance:

COCC will assist and support employees who voluntarily seek help for drug or alcohol problems before becoming subject to discipline or termination under this or other COCC policies. Such employees may be allowed to use accrued paid time off, placed on leaves of absence, referred to treatment providers, or otherwise accommodated, as required by law. Employees may be required to provide documentation of successful completion of a prescribed treatment program. Employees may also be required to submit to follow-up testing if, in the College’s determination, the employee’s position involves performing safety-sensitive functions. Employees who demonstrate successful progress or completion of a recommended course of treatment may return to work after taking and passing a drug and/or alcohol test. Any employee returning to work after such treatment will be expected to comply with all aspects of this policy. A request for rehabilitation may not be made in order to avoid the consequence of a positive drug or alcohol test or to avoid taking a drug or alcohol test when requested to do so under the terms of this policy.

Once an alcohol and/or drug test has been initiated by COCC under this policy, (in lieu of the employee seeking employee assistance), and unless otherwise required by law, the employee may forfeit the opportunity to use accrued paid time off or other employee leave options. The employee may also be placed on a leave of absence, be referred to treatment providers, or otherwise be accommodated to ensure their safety and the protection of the College and its employees. Employees who violate this policy and/or fail to seek treatment, may be subject to disciplinary action, up to and including dismissal.

 

Testing:

Pre-employment: Offers of employment for certain positions may be contingent upon successful passage of a College required drug test.    

Reasonable suspicion: The College will require any employee to be tested for alcohol and/or illegal drugs if the employee’s physical appearance or pattern of behavior gives a supervisor or College official reason to believe the employee may be impaired. The basis of suspicion may be a specific, contemporaneous event or conduct evidencing impairment observed over a period of time. Reasonable suspicion testing also includes testing an employee for the presence of prescription medication when the College has reason to believe the employee may be abusing the medication.

The College will be responsible for transporting the employee, or arranging for the employee to be transported, to the testing facility when an event providing reasonable suspicion takes place on COCC premises.

COCC reserves the right to search employee workspaces and personal affects for the presence of prohibited alcohol, illegal drugs, and controlled substances at any time when reasonable suspicion exists that an employee may be under the influence. Any illegal drugs or drug paraphernalia will be turned over to an appropriate law enforcement agency and may result in criminal prosecution.

 

Notification of Test Results:

All drug test results received from a laboratory will be forwarded to Human Resources. In forwarding test results, the laboratory staff will only report results to authorized College officials. The College will be notified of both the employee’s name and the drug(s) for which they were tested. Any employee who tests positive will be given the opportunity to discuss that result with the laboratory staff prior to the College taking disciplinary action. In talking with any such individual, the laboratory staff will follow up on all information deemed necessary to resolve the employee’s positive drug test. If the laboratory staff determines that an employee’s positive test result was due to his/her authorized use of prescription medication they will immediately report that result to the College and no further action will be taken. However, if an employee cannot provide a reasonable explanation for his/her positive test results, the College will then take disciplinary action consistent with the terms of this policy. Reasonable efforts shall be made to handle such requests confidentially.