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Human Resources

Policies

Substance Abuse Testing

 

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

  1. Employee exhibits observable signs of substance abuse or is involved in an accident or other incident demonstrating a threat to a person’s safety.

  2. Department notifies Human Resources Employee Relations representative. During evening, night and weekend hours, the on-call Employee Health representative will be paged through the Saint Louis University Hospital switchboard operator.

  3. Test site for Reasonable Cause testing will be the Department of Employee Health, Mon. to Fri., 8:00 a.m. to 4:30 p.m. During off-hours, the on-call Employee Health representative will perform testing in the Emergency Room at Saint Louis University Hospital.

  4. Specimen collection process will include a minimum of a 10-panel urine drug screen, which will be obtained, and follow an intact chain of custody process. In addition, a separate alcohol test will be administered.

  5. For all employees sent for a Reasonable Suspicion drug test, arrangements to satisfactorily transport the employee home should be made.

  6. Failure to produce a specimen or comply with a request to do so will be treated in the same fashion as a positive test, under the Staff Corrective Counseling Policy.

  7. Employees with an initial negative test result will be returned to work immediately. The employee will be paid for all lost income, exclusive of overtime and differentials anticipated during the testing period.

  8. Initial positive test results will be reviewed by a designated MRO, with results communicated to the Drug Testing Officer.

  9. The Drug Testing Officer, a University designated official, will communicate positive results to Human Resources. Human Resources will notify the department manager.

  10. A positive test is considered a Level 3 offense under the Corrective Counseling Policy (3.6.10). Level 3 offenses result at minimum in a Final Warning. As such, any further corrective action while on a Final Warning could result in discharge from Saint Louis University.

  11. Human Resources and the immediate supervisor will meet with the employee to discuss and complete the Return to Work Agreement letter. A Return to Work Agreement, which involves random testing, will be required for employees receiving a positive test.

  12. Employees refusing to sign the agreement will be separated from employment with Saint Louis University. The original date of the suspension becomes the dismissal date.

  13. Employees signing the agreement will be returned to work following release by EAP.

  14. To return to work, employees must have a negative drug and/or alcohol screen, be evaluated and deemed to be in compliance with all EAP recommendations, and have signed a Return to Work Agreement.

  15. Employees with a positive test result will be off work and not receive regular pay.

  16. An employee off work due to a positive test result will be allowed to utilize accrued vacation and/or sick time, as applicable. If an employee is in a non-pay status for greater than one month, the employee must contact the University Benefits Office to continue medical insurance.

  17. During this period, an employee may be eligible for a medical or personal leave under Saint Louis University’s leave policies. It is the employee’s responsibility to apply to Human Resources for a medical or personal leave.

  18. Employees who refuse to comply with additional requests to produce specimens for additional tests, fail to cooperate during the testing process, fail to consent to the release of test results to appropriate University representatives, or who tamper with specimens, will be subjected to actions up to and including immediate dismissal from employment with Saint Louis University. Employees who receive a second positive test will be terminated from employment with the University.

  19. An employee who voluntarily presents himself or herself to a supervisor, manager or administrator revealing a drug/alcohol problem will be referred to EAP and required to comply with all EAP requirements in the same manner as an employee who is referred as a result of a positive test result.

  20. An employee who voluntarily presents him or herself to the EAP prior to a drug or alcohol test is entitled to full confidentiality. Information would not be released by the EAP without the written consent of the employee.

  21. The University will take corrective action for drug or alcohol related incidents involving violations of other University policies and standards of conduct as provided for under the Staff Corrective Counseling Policy.

PROCEDURES FOR FACULTY

1) Faculty member exhibits observable signs of substance abuse or is involved in an accident or other threat to a person’s safety.

2) Department notifies Human Resources Employee Relations representative. During evening, night and weekend hours, the on-call Employee Health representative would be paged through the Saint Louis University Hospital switchboard operator.

3) Test site for Reasonable Cause testing will be the Department of Employee Health, Mon. to Fri., 8:00 a.m. to 4:30 p.m. During off-hours, the on-call Employee Health representative will perform testing in the Emergency Room at Saint Louis University Hospital.

4) Specimen collection process will include a minimum of a 10-panel urine drug screen, which will be obtained, and follow an intact chain of custody process. In addition, a separate alcohol test will be administered.

5) For all employees sent for a Reasonable Suspicion drug test, arrangements to satisfactorily transport the employee home should be made.

6) Failure to comply with a first request to produce a specimen will result in a referral to the Employee Assistance Program, if the faculty member poses no threat to himself or others. Should a second request be necessary and also declined, the Dean will recommend that the termination process outlined in the Faculty Manual be initiated.

7) Faculty with an initial negative test result will be returned to work immediately.

8) Initial positive test results will be reviewed by a designated MRO, with results communicated to the Drug Testing Officer.

9) The Drug Testing Officer, a University designated official, will communicate positive results to Human Resources. Human Resources will notify the Dean or chairperson.

10) A positive test will result in a written warning from the Dean that a treatment program, as outlined by the EAP, must be followed, or termination procedures will be initiated.

11) Human Resources and the Dean or chairperson will meet with the faculty member to discuss and complete the Return to Work Agreement letter. A Return to Work Agreement, which involves random testing, will be required for employees receiving a positive test.

12) Faculty members who refuse to sign the agreement will be subjected to initiation of termination procedures under the Faculty Manual.

13) Faculty signing the agreement will be returned to work following release by EAP.

14) To return to work, faculty must have a negative drug and/or alcohol screen, be evaluated and deemed to be in compliance with all EAP recommendations, and have signed a Return to Work Agreement.

15) Faculty who do not pose a threat to themselves or others will remain working while undergoing treatment. If the course of treatment necessitates medical leave, such leave will be applied for per the terms of the Faculty Manual.

16) A faculty member off work due to a positive test result will be allowed to utilize the medical leave provisions under the Faculty Manual.

17) Faculty who receive a second positive test will have termination procedures initiated under the terms of the Faculty Manual.

18) A faculty member who voluntarily presents himself or herself to a chairperson, or administrator revealing a drug/alcohol problem will be referred to EAP and required to comply with all EAP recommendations for treatment.

19) A faculty member who voluntarily presents him or herself to the EAP prior to a drug or alcohol test is entitled to full confidentiality.

20) The University will take corrective action for drug or alcohol related incidents involving violations of other University policies and standards of conduct as provided for under the terms of the Faculty Manual.

CONFIDENTIALITY

All testing will be performed in accordance with specific procedures, which insure privacy, confidentiality, and integrity of test results. An employee will be notified of test results in a confidential manner. Test results will not be released to other parties without signed consent of the employee, unless required by law. Only those administrators or supervisors with a business need-to-know will be informed of the test results and disciplinary action taken. Administration does have the obligation to report positive drug screens to the appropriate licensing/certifying boards as required by statute. Any employee who is convicted under a criminal drug statute for a violation occurring in the workplace must notify their administrator within five (5) days of conviction. The University will notify any federal funding agency of the conviction of any employee working under a federal contract or grant within ten (10) days as required under the Drug Free Workplace Act.

Searches

The University reserves the right, with reasonable cause, to inspect the University property under the control of any employee. Refusal to cooperate in the University's investigation or search of University property may be grounds for disciplinary action, including termination, for insubordination.


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