POLICY NUMBER
3.6.17

DATE ISSUED
09/24/1999

DATE REVISED
1/03/2007

  

STATEMENT OF PURPOSE

It is the belief of Saint Louis University that all employees will strive to reflect our mission of excellence in Jesuit education by working to maintain a drug free workplace in accordance with the Drug Free Workplace Act, Drug Free School and Communities Act and Saint Louis University’s Drug and Alcohol Abuse Prevention Policy, policy number 3.6.1. The purpose of this policy is to provide assistance from the University for those employees who may need help. It is only after this aid has not been successful, or the University would be in potential violation of law or regulation, that disciplinary procedures will be invoked.

POLICY STATEMENT

Employees will be tested for the presence of drugs and alcohol if there is reasonable cause or suspicion to believe that an employee has violated the standards of conduct set forth in this policy. Reasonable suspicion will be documented and based on physical, behavioral, or performance indicators, including but not limited to errors, safety violations, significant occurrences and accidents or unusual behavioral patterns. It is the policy of the University to maintain an environment free from impairment from substance abuse by any of its employees. The University prohibits the unlawful manufacture, distribution, dispensation, possession, sale, or use of illicit drugs or alcohol in the workplace, on University Property, or as part of University activities. In addition, this policy prohibits applicants or employees from testing positive for the presence of illicit drugs or alcohol in their system at specified levels. All employees are expected to abide by these standards of conduct as a condition of employment. Employees violating the standards of conduct in this policy will be disciplined up to and including discharge in accordance with the Staff Corrective Counseling policy, number 3.6.10 and any applicable local, state, or federal law.

SCOPE

This policy applies to all full-time, part-time and temporary staff, faculty, and residents (housestaff) including those in an "on-call" status, of Saint Louis University with the exception of those covered under a collective bargaining agreement. In addition, certain categories of employees, such as flight instructors or those in public safety, may be required to comply with other drug testing requirements as a condition of their employment. Student workers are covered by applicable student policies and disciplinary procedures.

DEFINITIONS

Drug Testing Officer. University employee designated to serve as coordinator of drug and alcohol testing procedures and serves as a liaison between various parties such as the Employee Assistance Program, the Medical Review Officer, Human Resources, and department managers.

Employee Assistance Program (EAP). A program of SLUCare available free of charge to employees to provide counseling services for personal or work-related concerns. In the case of a positive drug or alcohol test, employees are required to undergo an evaluation through EAP. In addition, employees must follow all recommendations made by EAP as well as sign any and all releases of information deemed necessary by the EAP.

Follow up Testing. Required during the period covered by the Return to Work Agreement. Requires the employee to submit to drug and alcohol tests as requested without previous notice.

Medical Review Officer (MRO). A designated physician who is certified to review drug and alcohol test results. The MRO establishes the procedures and insures the chain of custody is followed.

Positive Test. Drug test levels on both the screening test and the confirmatory test that are recognized as positive by the U.S. Department of Health and Human Services in its "Mandatory Guidelines for Federal Workplace Drug Testing Programs" or in a subsequently issued rule or regulation issued by the Agency. A "positive" alcohol test result shall mean .04 mg. percent blood/alcohol level, which is the OSHA workplace violation standard. A result would not be reported as positive until a confirmatory test is made.

Reasonable Cause or Suspicion. Dependent on the facts of each situation, reasonable cause or suspicion is based on physical, behavioral, or performance indicators, including, but not limited to, unusual behavioral patterns, errors, safety violations, significant occurrences, accidents, safety risks to customers or co-workers and work-related incidents resulting in loss or damage of University property or bodily injury. Some employees, by virtue of their positions, may be subject to random drug or alcohol testing. Applicants and employees are notified during the selection process whether there is a possibility of random drug and alcohol testing associated with a position.

Return to Work Agreement. Letter signed by employee following a positive test result. This letter covers a period of no less than one year. It requires the employee to meet all recognized standards of performance, agree to submit to random and follow up testing without notice for a period of no less than one year, pay for the cost of the testing, and comply with all standards set forth in the University Drug and Alcohol Abuse Prevention Policy (3.6.1). The agreement also requires the employee to comply with all rehabilitative recommendations made by the Employee Assistance Program, agree that failure to follow these recommendations or refusal to participate in full, including follow up testing, will result in actions up to and including termination as provided by the Corrective Counseling Policy or the Faculty Manual.

University Property. All tangible personal property and real property owned or controlled by Saint Louis University including, but not limited to, desks, lockers, computers, buildings, work areas, break areas, parking lots, University vehicles.

PROCEDURE

The following procedures will be utilized when there is documented reasonable cause or suspicion to believe that an employee has violated the standards of conduct set forth in this policy. Due to different terms contained in the Faculty Manual, procedures vary somewhat for staff and faculty.

PROCEDURES FOR STAFF