Approved by Chancellor effective June 30, 2004
Approved and Revised November 10, 2010
Approved and Revised May 2, 2012
Document Reference: Drug Free Workplace 41 USC 701, 30 ILCS 580/
The safety and security of personnel, students, and visitors as well as property of the State of Illinois is of vital importance to Southern Illinois University Edwardsville (SIUE). The purpose of this policy is to create and maintain a drug and alcohol free work environment by identifying existing employees and potential employees, who use or abuse illicit drugs and/or abuse prescribed medications.
II. Policy Statement
It is the policy of this institution to provide a safe environment in order to conduct the mission of the University in the most effective manner possible. A safe environment will be attained by appropriate employee screening, employee education and training, surveillance of the work area, and the effective management of situations involving drugs and alcohol regarding individuals who fall under the purview of University authority (i.e., this would include individuals operating equipment on or off of University property). It is the intent of the University through its policy, procedures, and practices to reduce the potential for:
A. The manufacture, possession, use, sale, distribution, dispensation, receipt, or transportation of illegal substances while on SIUE property or while otherwise engaged in University business.
B. The theft, unauthorized use, or intentional mishandling, or misuse of any medication and/or substance that is present at SIUE for the purpose of treating patients.
C. The consumption or abuse of alcoholic beverages, except the limited consumption of alcoholic beverages at University-sponsored events or groups approved by the University.
D. Being under the influence of substances while on SIUE property or while otherwise engaged in University business or during employment.
E. Performing duties while under the influence of substances whether on or off University property.
This policy and companion procedures apply to all SIUE facilities and property, to all faculty, staff, students, and visitors to the University. All employees are responsible to be familiar with and comply with this policy and companion procedures.
V. Policy Provisions
A. It is a violation of the law to manufacture, possess, use, sell, distribute, receive, or transport illicit drugs onto State of Illinois Property; SIUE is State property. The illegal possession, distribution, or use of drugs or abuse of alcohol by employees, faculty, staff, students, customers, visitors, guests, or other individuals on SIUE property will not be tolerated. Violators may be subject to discipline, up to and including termination of employment pursuant to the applicable University policies and procedures, State Universities Civil Service Statute and Rules or collective bargaining procedures. Any individual engaging in prohibited conduct under this policy is also subject to legal action.
B. Legal Compliance: The provisions of this policy are subject to any federal, state, or local laws that may prohibit or restrict their applicability, and testing for substances shall be conducted in accordance with and limited by such laws notwithstanding any terms of this policy to the contrary.
C. Pre-Employment Substance Testing: Pre-Employment Substance Testing: This provision applies to individuals to whom a contingent offer is made; an offer of employment is contingent on testing results. This testing may include test of breath, saliva, urine, blood, and/or hair for substance in accordance with this policy. When an applicant tests positive for the use of illegal drugs, alcohol or the possible illegal use of prescribed drugs, a Medical Review Officer will contact the applicant to rule out the influence of prescribed and/or over-the-counter medications. The use of prescribed drugs that may influence test results will require supporting documentation from the prescribing physician. In the event of a confirmed positive test result, the applicant will be notified in writing of the test results by the Office of Human Resources and any offer of employment will be rescinded.
The applicant may request in writing a confirmation test on the original sample held by the lab, within seventy-two (72) hours of notification. Should the confirmation test results be negative, the University reserves the option to re-test the sample or send the applicant for another substance test. Depending on the results of the later test, the University reserves the right to rescind the contingent offer of employment. However, the University may choose to extend an offer of employment as a result of said test, and place the employee on a random sample substance testing program during the employee’s probationary period.
D. Other Substance Tests: The University may periodically conduct substance tests in breath, saliva, urine, blood, and/or hair samples under any of the circumstances noted below. Any employee subjected to any substance test will be required to sign a Substance Test Consent Form. Refusal to sign the form or leaving the work area prior to the substance test without permission of the supervisor, or refusal to cooperate in any way with the testing process, shall be grounds for immediate termination of employment. In the event an employee consents to a substance test but fails to sign a Substance Test Consent Form, his/her failure will not invalidate the consent for the testing. An employee, who appears to be Under the Influence of Substance (s), in the sole discretion of the University, shall be removed from the work area and provided with transportation to the place of testing. The University shall call the emergency contact indicated by the employee or, if unavailable, arrange for a cab or other means to transport the employee home following the test. At the discretion of the University, employees suspected of violating this policy may be placed on administrative leave with pay pending test results. If test results are negative and the employee is on administrative leave without pay, the employee will be reimbursed for any salary lost during administrative leave.
E. Post-Accident Testing: If the University has reasonable cause to believe an employee has caused an on-the-job injury that is considered recordable under OSHA guidelines (i.e., requiring medical treatment) as a result of being Under the Influence, the supervisor may require the injured employee to undergo a post-accident substance test. Refusal to submit to the substance test shall be grounds for immediate termination of employment. SIUE employees who operate SIUE vehicles or equipment are subject to random no-notice substance testing.
F. Missing Substances: This portion of the Workplace Drug And Alcohol Testing Policy applies to any healthcare professional employed by SIUE, who has access to controlled substances. This includes but is not limited to University Health Services staff and the School of Dental Medicine (e.g., faculty, residents, dental hygienist, dental assistant, etc.). When there is a medication administration/handling discrepancy or where a substance is missing, all staff members who were involved in the handling of, or had access to, the missing substance will be immediately required to submit to a substance test. Employees who admit to diversion of medications will undergo substance testing. Refusal to submit to a substance test will be grounds for immediate termination of employment.
G. Fitness for Duty: Employees suspected to be unfit for duty as a result of the use or reasonably suspected use of substances will be subject to substance testing. Refusal to submit to a substance test will be grounds for immediate termination of employment.
H. Reasonable Suspicion: The University may require an employee to submit to a substance test if the employee’s supervisor and another individual in a management position have a reasonable belief that the employee is using, is Under the Influence of, or is in the possession of a substance or has otherwise violated this policy’s prohibition on the use of substances. Several indicators (see Table 1) are commonly observed with individuals under the influence. At least two or more of these indicators should be observed by one or more individuals prior to concluding reasonable suspicion. The Office of Human Resources has the responsibility for determining if a substance test is warranted based on the information provided by the supervisor or member of management and the employee.
It is recognized that some individuals exhibiting these symptoms may be under the influence of legally prescribed drugs. Employees will have the opportunity to provide an explanation of observed indicators or observed behavior to their supervisor or member of management prior to being required to submit to a substance test. Refusal to submit to a substance test will be grounds for immediate termination of employment.
I. Random Selection Testing: Employees in safety sensitive positions are subject to random testing for substances. Other employees may be placed on a random sample testing program where circumstances warrant, such as a Last Chance agreements or prior positive test results. Where random testing is prohibited or restricted by applicable federal, state or local statute or regulation, or other legally-binding agreement, the University will conform to all applicable laws, regulations, or agreements notwithstanding the provisions of this policy.
J. Alteration of Sample: Specimens reported by the testing laboratory as adulterated or substituted will be considered a refusal to test, and therefore grounds for immediate termination of employment or ineligibility for hire.
K. Workplace Searches: Management may conduct searches of University property, including lockers, and an employee’s personal property in cases where there is reasonable cause to suspect a violation of this policy. While no search will be conducted without an employee’s consent, consent to a search is a condition of continued employment with the facility. An employee who refuses to cooperate in the conducting of such searches will be subject to disciplinary action up to and including termination of employment.
L. Collection of Samples: Testing samples will be collected by a qualified individual only, including an individual who is an employee of an outside testing laboratory. Collection of samples will be performed under reasonable and sanitary conditions. The chain of custody of the sample will be recorded, and this record will be retained by the testing organization.
M. Off-Premise Use: The University reserves the right to suspend with pay any employee who has been arrested for criminal offenses related to the manufacture, possession, sale, use, distribution, dispensation, receipt, or transport of any illegal substance pending resolution of the charges to the University’s satisfaction. Employees who are convicted of any substance related violation under state or federal law or who plead guilty or nolo contendre (i.e., no contest) to such charges must inform the University in writing within five (5) days of the conviction or plea. Failure to do so will result in disciplinary action, up to and including termination. In the event of an employee’s conviction or plea to charges relating to the manufacture, possession, sale, use, distribution, dispensation, receipt, or transportation of any substance, the facility will determine whether disciplinary action will be taken, including the appropriateness of continued employment.
N. Confidentiality of Test Results: All test results will be handled on a confidential basis and will be available only to the University personnel who have a need to know such results. The Director of Human Resources or his/her designated representative will determine who will have access to these records.
The SIUE Office of Human Resources will make counseling, direction, training, and education regarding drug testing available to managers, employees, and student employees.
The Office of Human Resources is the primary administrator, however all University employees have responsibility to achieve and maintain the goals stated in this policy,
Southern Illinois University Edwardsville (SIUE)
CONFIDENTIAL DRUG AND ALCOHOL TESTING CONSENT FORM
Printed Name ___________________________________
Account Number ______________
1. I certify that I have read and understand the Southern Illinois University Edwardsville Workplace Drug Testing Policy & Procedure. Additionally, by signing below, I accept all conditions of this policy.
2. I understand that I am being asked to provide a blood, urine, or hair sample for testing to determine the presence of alcohol, drugs, or controlled substances in my system. I understand that I do not have to provide such a specimen if I choose not to do so, but that my refusal will result in termination of my employment at the University or revocation of any offer of employment. In addition, I understand that I have 48 hours to provide said test sample and that failure to do so will result in termination of my employment at the University or revocation of any offer of employment.
3. I hereby give consent to and authorize Southern Illinois University Edwardsville and its agents, servants, employees and/or physician chosen by the University to take blood, urine, or hair specimen and to use such specimen in any manner that the facility and its agents, servants, employees, and physicians deem appropriate, including, but not limited to, releasing such specimen to a testing laboratory, hospital, other person or service for testing. I hereby give consent to and authorize the facility and its agents, servants, employees, and/or physicians chosen by the facility and any such testing laboratory, hospital, person or service to conduct drug tests and to release the results of the tests or other information concerning the specimen to Office of Human Resources or to any person or firm designated by the University.
4. I hereby release Southern Illinois University Edwardsville and its agents, any of their officers, servants, employees and physicians, any laboratory, hospital, person or facility responsible for testing from any and all claims, causes of action, damages or liability relating to the testing or use and dissemination of test results. This includes, but not limited to, all claims for injuries or damages arising out of or relating to the collection of specimens, procedures, the release of information or results concerning such testing, or any action taken regarding any employability or continued employment as a result of such testing and/or test results.
______ I consent to provide a blood, urine, or hair specimen for use in the manner described herein.
______ I refuse to provide a blood, urine, or hair specimen. I understand that my refusal constitute grounds for immediate termination or disqualification from employment consideration.
Employee/Applicant’s Signature (Print and Sign) Date
Witness’s Signature (Print and Sign) Date
Southern Illinois University Edwardsville (SIUE)
STATEMENT OF A DRUG-FREE WORKPLACE1. SIUE is committed to maintaining a drug-free workplace in compliance with applicable state and federal laws. The unlawful possession, use, distribution, dispensation, sale, or manufacture of controlled substances is prohibited on University property. Violation of this policy may result in the imposition of employment discipline as defined for specific employee categories by existing University policies, statutes, rules, regulations, employment contracts, and appropriate collective bargaining agreements. Any employee convicted of a drug offense involving the workplace shall be subject to employee discipline and/or required satisfactory completion of a drug rehabilitation program as a condition of continued employment.
2. The illegal use of controlled substances can seriously injure the health of employees, adversely impair the performance of their responsibilities and endanger the safety and well being of fellow employees, students, and members of the general public. Therefore, the University strongly encourages employees who have a problem with the use of illegal controlled substances or abuse prescribed medications to seek professional treatment. A list of sources for drug counseling, rehabilitation, and assistance programs may be obtained from the Office of Human Resources, University Health Services, or the Employment Assistance Service. Employees may obtain this information anonymously either through self-referral, direction of his/her supervisor or the Office of Human Resources. Employees who are engaged in work under a federal contract may be required to submit to a drug test for use of illegal controlled substances as provided by the law or regulations of the contracting agency.
3. As a condition of employment, employees will strictly adhere to the stipulations as outlined in this statement. In addition, those employees working on a federal contract or grant will notify his/her supervisor if he/she is convicted of a criminal drug offense occurring in the workplace within five (5) days of the conviction. The University will notify the granting or contracting federal agency within ten (10) days of receiving notice of the conviction of any employee working on a federal contract or grant when said conviction involves a drug offense occurring in the workplace. A copy of this statement shall be given to all employees assigned to a federal contract or grant.
4. The requirements outlined in this statement are in accordance with the provisions of the Drug-Free Workplace Act of 1988 and will be applied in accordance with the law, rules and regulations pursuant the act.I acknowledge that I have read and understand the SIUE Statement of a Drug-Free Workplace.
Employee/Applicant Signature (Print Name and Sign)
Southern Illinois University Edwardsville Pre-employment Drug & Alcohol Testing Policy and Procedure
I. Why do we have a Drug Policy?
Southern Illinois University Edwardsville is committed to maintaining a drug and alcohol-free environment for its students and employees in compliance with applicable state and federal laws. Therefore, a pre-employment drug and alcohol policy is being implemented to:
II. What are the Safety Issues?
The unlawful or unauthorized possession, use, distribution, dispensation, sale or manufacture of controlled substances or alcohol is prohibited on University premises. Improper use of drugs or alcohol can seriously injure the health of employees and students impair the performance of their responsibilities and endanger the safety and well-being of fellow employees, students and members of the general public.
III. Who’s Affected?
Beginning June 2004, job applicants will be screened for the use of illegal drugs and the illegal use of prescribed drugs at an independent lab of SIUE’s choice and at the hiring unit’s expense. The applicant may be required to take a drug and alcohol test before or after an offer of employment has been made and before their first day of employment. No employee may begin work until a drug and alcohol test yielding negative results has been completed.
Offers of employment will be rescinded and applicants will no longer be considered for employment for any of the following reasons:
When an applicant tests positive for the use of illegal drugs or the Illegal use of prescribed drugs, a medical review officer will contact the applicant to rule out the influence of prescribed and/or over the counter medications. The use of prescribed drugs that may influence test results will require support documentation from the prescribing physician. If the medical review officer determines that the use of prescribed or over the counter medications have had no influence on the positive test results, the applicant may request, at their own expense, a confirmation test on the copy of the sample held by the lab.
Negative test results from a test prior to the application process with SIUE will not be accepted.
IV. Lab Process/Requirements
Upon arrival at the lab, applicants will be required to present a State approved photo I.D. (such as a driver’s license).
The applicant must follow the guidelines provided by the collection technician and be prepared to produce a urine sample. Once the specimen has been successfully collected, it will be read by a certified technician. Negative test results will be reported to the employer within 48 hours after the specimen was collected.
Samples are identified by identification number to protect the applicant’s privacy. Lab employees and HR employees directly involved in the testing and results process are the only parties who will be allowed access to drug and alcohol testing information on applicants. This information will not be released to a third party unless required by law or at the request of the applicant.
V. Drug and Alcohol Testing for Current Employees
SIUE will require drug and alcohol testing on current employees for the following reasons:
Random/Reasonable Suspicion – For employees who are in security sensitive positions (those involving work with children, funds, master keys, or controlled substances) or for any employee who displays physical, behavioral, or performance indicators of being under the influence of drugs or alcohol.
During normal working hours supervisors will contact the Director of Human Resources or his designated representative (Extension 2190) upon reasonable suspicion of an employee being under the influence of drugs or alcohol.
After normal working hours supervisors will contact the Director of Human Resources via SIUEPD (Extension 3324) upon reasonable suspicion of an employee being under the influence of drugs or alcohol.