Drug Free Workplace Program

Operational Standard/Purpose

The use of drugs undermines the quality and safety of job performance, endangers co-workers, and brings discredit to Illinois Central College and its community. Therefore, it is the policy of Illinois Central College that the unlawful manufacture, distribution, transfer, dispensation, purchase, sale, possession, or use of or being under the influence of a controlled substance on the job, in a job status, while attending business-related activities, or on College property is strictly prohibited and may lead to disciplinary action, including suspension without pay or discharge.

Scope/Applicability

Refer to the Employee Handbook for additional information.

Procedures

The procedures below are intended to provide employees with information regarding Illinois Central College’s Drug Free Awareness Program. The Employee Handbook and this standard operating procedure (SOP) work together to accomplish the program requirements as required in the Drug-Free Workplace Act of 1988; as amended 1994.

1. Drug Free Workplace Policy Details: Refer to the Employee Handbook.
2. Prohibited Behavior: Refer to the Employee Handbook.
3. Notification of Convictions to Contracting or Granting Agency: Any employee who is convicted of a criminal drug violation in the workplace must notify their manager, in writing, within five calendar days of the conviction. The employee’s manager will notify ICC’s HR Department. By law, the College must then provide written notice within 10 calendar days to the appropriate person or office in the Federal agency from which the College receives a contract or grant. The notice must include the convicted employee’s position title and grant or contract identification number. The College must notify the appropriate Federal contact regardless of how the College was informed of the employee’s conviction (i.e., by the employee, a co-worker, the newspaper, etc.).
4. Drug Testing: To ensure the accuracy and fairness of our testing program, all testing will be conducted by an independent third party (currently IWIRC) according to DHHS/SAMHSA guidelines where applicable and will include a screening test; a confirmation test; the opportunity for a split sample; review by a Medical Review Officer, including the opportunity for employees who test Page 2 of 3 positive to provide a legitimate medical explanation, such as a physician’s prescription, for the positive result; and a documented chain of custody. All drug-testing information will be maintained in separate confidential records. Refer to the Employee Handbook for additional information.
5. Reasonable Suspicion Notification and Testing: If there is a reasonable suspicion that an employee is under the influence of drugs or alcohols while at work, the supervisor is required to report the incident immediately to the Manager of Benefits, Leaves, Risk Management, and Safety. The Manager of Benefits, Leaves, Risk Management, and Safety will coordinate testing of the employee.
6. Violation of Policy:
   1. One of the goals of our drug-free workplace program is to encourage employees to voluntarily seek help with alcohol and/or drug problems. If, however, an individual violates the policy, the consequences are serious.
   2. In the case of applicants, if he or she violates the drug-free workplace policy, the offer of employment can be withdrawn. The applicant may reapply after one year and must successfully pass a pre-employment drug test.
   3. If an employee violates the policy, he or she will be subject to progressive disciplinary action, will be encouraged to use the Employee Assistance Program (EAP) and may be required to enter rehabilitation. In such cases, the employee must sign and abide by the terms set forth in a Drug Free Workplace Return to Work Agreement Form as a condition of continued employment. An employee required to enter rehabilitation that fails to successfully complete it and/or repeatedly violates the policy will be terminated from employment. Nothing in this policy prohibits the employee from being disciplined or discharged for other violations and/or performance problems. Refer to the Corrective Action – Progressive Discipline section of the Employee Handbook and the Employee Corrective Action – Progressive Discipline Standard Operating Procedure (SOP) for additional information.
   4. If an employee fails to pass a reasonable suspicion authorized drug test, he or she will be subject to progressive disciplinary action and will have a supervisory referral to the College’ EAP. An employee who enters rehabilitation that fails to successfully complete it and/or repeatedly violates the policy will be terminated from employment. Nothing in this procedure prohibits the employee from being disciplined or discharged for other violations and/or performance problems.
   5. Any employee who tests positive will be immediately removed from duty and terminated immediately if he/she tests positive a second time or violates the Return-to-Work Agreement.
   6. An employee will be subject to the same consequences of a positive test if he/she refuses the screening or the test, adulterates or dilutes the specimen, substitutes the specimen with that from another person or sends an impostor, will not sign the required forms, or refuses to cooperate in the testing process in such a way that prevents completion of the test.
7. Employee Assistance: Refer to the Employee Handbook.
8. Confidentiality: Refer to the Employee Handbook.
9. Shared Responsibility:
   1. safe and productive drug-free workplace is achieved through cooperation and shared responsibility. Both employees and management have important roles to play.
   2. If an employee is impaired due to on or off duty use of drugs or alcohol he or she is not to report to work. If the employee is at work he or she is to be relieved of work duties and safe transportation home must be provided.
   3. In addition, employees are encouraged to:
      • be concerned about working in a safe environment
      • support fellow workers in seeking help
      • use the Employee Assistance Program
      • report dangerous behavior to their manager
   4. It is the manager’s responsibility to:
      • inform employees of the drug-free workplace policy
      • observe employee performance
      • investigate reports of dangerous practices
      • document negative changes and problems in performance
      • counsel employees as to expected performance improvement
      • refer employees to the Employee Assistance Program clearly state consequences of policy violations
10. Communication: Communicating the drug-free workplace policy to both managers and employees is critical. To ensure all employees are aware of their role in supporting our drug-free workplace program:
    • The policy will be reviewed in orientation sessions with new employees.
    • The policy and assistance programs will be reviewed at safety meetings.
    • Every manager will receive training to help him/her recognize and manage employees with alcohol and other drug problems.
11. Education: ICC will provide ongoing educational programs to educate employees about the dangers of drug abuse as well as ICC’s policy on Drug Free Awareness. Educational program may include educational seminars, brochures and/or posters, video materials, and online learning.

Additional Provisions/Information

Drug-Free Workplace Act of 1988; as amended 1994

Illinois statute (720 ILCS 600/2) Drug Paraphernalia Control Act

Controlled Substances Act (CSA) (21 U.S.C. A 811)

Drug-Free Schools and Communities Act (DFSCA) (20 U.S.C. 1145g part 86 of the Drug and Alcohol Prevention Regulations)