Smoke-Free/Substance-Free Workplace

Smoking and/or use of tobacco or cannabis products is prohibited on all premises and property of Illinois Central College and the Education Foundation Student Residence, LLC, including but not limited to, all land, buildings, facilities and college-owned or controlled vehicles. As a condition of employment, Illinois Central College requires that employees adhere to a strict policy regarding the use, possession, distribution, manufacture, and sale of illegal drugs, cannabis and its derivatives

Operational Standard/Purpose

Smoke Free Campus

Smoking and/or use of tobacco or cannabis products is prohibited on all premises and property of Illinois Central College and the Education Foundation Student Residence, LLC, including but not limited to, all land, buildings, facilities and college-owned or controlled vehicles. State law provides an exception to this Policy allowing smoking and the use of tobacco products in personal vehicles more than 15 feet away from any building entrance. This exception does not apply to the use of cannabis per the Cannabis Regulation and Tax Act. Additionally, the federal Drug-Free Schools and Communities Act Amendments of 1989 prohibits the use and possession of cannabis on College property.

Substance Free Campus

As a condition of employment, Illinois Central College requires that employees adhere to a strict policy regarding the use, possession, distribution, manufacture, and sale of illegal drugs, cannabis and its derivatives, controlled substances, unauthorized prescription drugs and alcohol, as defined within the ICC Board of Trustee’s Drug Free Schools and Communities Act Policy and this Standard Operating Procedure.

The use, possession, distribution, manufacture or sale of any illegal drug, cannabis or its derivatives, controlled substance, unauthorized prescription drug, or alcoholic beverage (unless expressly authorized by the College President, in accordance with the Illinois Liquor Control Act of 1934 and any applicable local ordinances) on College property, in College-owned vehicles, while on duty or while participating in any College activity is prohibited.

Scope/Applicability

This Procedure applies to all employees and contractors during work hours and whenever an employee is on duty, on call conducting business or representing Illinois Central College, present on Illinois Central College property or in a College-owned vehicle, or participating in College-sponsored events.

Students must also comply with Board Policy and State Law regulating smoking and/or use of tobacco or cannabis products, controlled substances and alcohol. The procedures related to this Procedure is outlined in the Student Handbook.

Definitions

Controlled substances or Drugs: “controlled substances” is defined in Schedules I through V of Section 202 of the Federal Controlled Substances Act (21 U.S.C. § 812).

Smoke or smoking: The carrying, using, burning, inhaling, or exhaling of any kind of lighted pipe cigarette, cigar, weed, herb, hookah, water pipe, bong, or other lighted smoking equipment, including products containing or delivering tobacco, nicotine, or cannabis (including medical cannabis). This includes the use of "e-cigarettes" or personal vaporizers.

Procedures

Illinois Central College is committed to protecting the safety, health and well-being of all employees and other individuals in our workplace. We recognize that alcohol abuse and drug use pose a significant threat to our goals. The procedures below are intended to provide employees with information regarding Illinois Central College’s Smoke-Free/Tobacco-Free Campus and Substance-Free Awareness Program. The Board of Trustee Policy, 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. Prohibited Behavior:
   1. It is a violation of the College’s Smoke-Free/Tobacco-Free Policy to smoking and/or use tobacco or cannabis products on all premises and property of Illinois Central College and the Education Foundation Student Residence, LLC, including but not limited to, all land, buildings, facilities and college-owned or controlled vehicles.
   2. It is a violation of the College’s Drug Free Schools and Communities Act Policy for an employee to use, possess, distribute, manufacture, or sell any illegal drug, cannabis or its derivatives, controlled substance, unauthorized prescription drug, or alcoholic beverage (unless expressly authorized) on the premises of any College building or facility, in College-owned vehicles, or in any other location while the employee is on duty, on call, or otherwise participating in College activities.
   3. Prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a physician’s prescription. This provision does not apply to the use of cannabis (see subparagraph 4(d) below). Any employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with safe performance of his/her job. If the use of a medication could compromise the safety of the employee, fellow employees, or the public, it is the employee’s responsibility to use appropriate personnel procedures (e.g., call in sick, use available leave, request change of duty or to notify supervisor) to avoid unsafe workplace practices.
   4. The illegal or unauthorized use of prescription drugs is prohibited. It is a violation to misuse and/or abuse prescription medications while at work. Appropriate disciplinary action and drug/alcohol testing will be undertaken if job performance is impacted and/or at work safety accidents occur because of this misuse.
   5. Cannabis: The federal government regulates drugs through the Controlled Substances Act, which does not recognize a distinction between medical and recreational use of cannabis. The College receives federal funding in the form of student financial aid (grants, loans and work-study programs). As a condition of accepting this money, ICC is required to certify that it complies with the Drug Free Schools and Communities Act. To comply with this Act and avoid losing federal funding, ICC prohibits the use of cannabis, including medical cannabis, while on College property, in College-owned vehicles, and while participating in College activities.
2. Confidentiality: All information received by the College either through the third-party testing administrator or through the supervisory referral process of the EAP will be treated as confidential information. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies.
3. Notification of Convictions:
   1. Any employee who is convicted of a criminal drug violation must notify their supervisor within five (5) calendar days of the conviction. The employee’s manager will notify ICC’s Human Resources 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.).
   2. Persons who are convicted of drug related crimes arising at the workplace will be terminated and may be reinstated, at the College’s sole discretion, only after satisfactory completion of a drug abuse assistance or rehabilitation program acceptable to the College.
4. Drug Testing:
   1. To ensure the accuracy and fairness of the College’s testing program, all testing will be conducted by an independent third-party 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 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.
   2. Each employee, as a condition of employment, will be required to participate in the following testing program, as applicable:
      1. Pre-Employment Testing: Employment applicants are subject to a post-offer drug and alcohol screening to ascertain whether an applicant is capable of safely and effectively performing the essential duties and responsibilities of the employment position offered.
      2. Post-Accident Testing: Employees will be required to take a drug and/or alcohol test after having been involved in, or after causing, an accident or incident, which caused or could have caused personal injury or damage to ICC equipment or property. Drug and alcohol testing by use of blood will only be used for post-accident/incident testing when the employee is unable to provide a normal urine drug test and/or breath screen.
      3. Reasonable Suspicion/Cause Testing: Employees will be subject to a drug and/or alcohol test based on the reasonable and articulated belief that an employee is using or has recently used drugs, alcohol or substances while on College property, in a College-owned vehicle, while participating in College activities, or while on duty. A decision to test will be based on specific physical, behavioral, and/or performance indicators as documented by a supervisor who has received training in the detection of possible symptoms of drug and alcohol use. Supervisors should contact Human Resources to discuss the concern. Human Resources will assist the employee in scheduling the employee’s appointment with the testing center.
      4. Return to Work Testing: Employees will be required to successfully pass a drug and alcohol test upon release from an approved drug abuse assistance or rehabilitation program and prior to returning to work.
         
         Employees holding a Commercial Driver’s License (CDL) must adhere to drug free testing as dictated by DOL procedures.
5. Violation of Policy:
   1. Employees are encouraged to voluntarily seek help with alcohol and/or drug problems. If, however, an individual violates Board Policy or this Procedure, 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 rescinded. The applicant may reapply after one (1) year and will be required to undergo a pre-employment drug test.
   3. 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’s Employee Assistance Program (EAP). 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 who enters a drug abuse assistance or rehabilitation program and who is unsuccessful in completing the program and/or repeatedly violates the College’s Drug Free Schools and Communities Act Policy will be terminated from employment. Nothing in this Procedure prohibits the employee from being disciplined or discharged for violations of other College policies or procedures and/or as a result of other 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. Any employee who tests positive will be immediately removed from duty.
   5. 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 imposter, will not sign the required forms, or refuses to cooperate in the testing process in such a way that prevents completion of the test.
6. Employee Assistance Program (EAP):
   1. Illinois Central College recognizes that alcohol and drug abuse and addiction are treatable illnesses and that early intervention and support improve the success of rehabilitation. All full-time employees and their families will be aided with alcohol and drug programs through the Employee Assistance Program (EAP). Brochures of this program will be available in the common use areas of the College for ready access by the employee.
   2. Treatment for alcoholism and/or other drug use disorders may or may not be covered by the employee benefit plan.
7. Searches: Entering Illinois Central College property constitutes consent to searches and inspections. An individual who is suspected of using, possessing, distributing, manufacturing or selling a prohibited substance while on College property, in a College-owned vehicle or while participating in College activities may be asked to submit to a search or inspection at any time. Searches can be conducted of pockets and clothing, lockers, wallets, purses, briefcases, lunchboxes, desks, and workstations.
8. Shared Responsibility:
   1. A 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, the employee is to be relieved of their work duties and provided with safe transportation home.
   3. In addition, employees are encouraged to:
      1. Be concerned about working in a safe environment
      2. Support fellow workers in seeking help
      3. Use the Employee Assistance Program
      4. Report dangerous behavior to their supervisor
   4. It is the Manager/Supervisor’s responsibility to:
      1. Inform employees of the Drug Free Schools and Communities Act Policy
      2. Observe employee performance
      3. Investigate reports of dangerous practices
      4. Document negative changes and problems in performance
      5. Counsel employees as to expected performance improvement
      6. Refer employees to the Employee Assistance Program
      7. Clearly state consequences of policy violations
9. Communicating Drug-Free Workplace Policy: 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:
   1. The policy will be reviewed in orientation sessions with new employees.
   2. The policy and assistance programs will be reviewed at safety meetings.
   3. Every manager will receive training to help him/her recognize and manage employees with alcohol and other drug problems.
10. Communicating Smoke Free/Tobacco Free Campus Policy:
    1. No Smoking" signs (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) and additional signage educating students, employees and guests on the ICC Smoke-Free/Tobacco-Free Policy will be clearly and conspicuously posted on each campus.
    2. In compliance with State law, the College shall post on the ICC website a smoke-free/tobacco-free campus map indicating the locations where smoking/tobacco usage is prohibited and also information on smoking cessation programs available to students and employees.
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 (21 U.S.C. § 811)

Drug-Free Schools and Communities Act (20 U.S.C. § 1145g)

Part 86 of the Drug and Alcohol Prevention Regulations (34 C.F.R. Part 86)