Drug Free Workplace Policy
Purpose
It is the intent of SDSU Research to maintain a workplace that is free of drug use and to discourage drug abuse by its employees. SDSU Research (SDSURF) has an obvious interest in maintaining safe and efficient working conditions for its employees. Substance abuse is incompatible with health, safety, efficiency and success at SDSURF . Employees who are under the influence of a drug on the job compromise the SDSURF ’s interests, endanger their own health and safety and the health and safety of others, and can cause a number of other work-related problems, including absenteeism and tardiness, substandard job performance, increased work loads for co-workers, behavior that disrupts other employees, delays in the completion of jobs, inferior quality in products or services, and disruption of customer relations.
To further its interest in avoiding accidents, to promote and maintain safe and efficient working conditions for its employees, and to protect its business, property, equipment and operations, SDSURF has established this policy concerning the use of drugs. As a condition of continued employment with SDSU Research Foundation , each employee must abide by this policy
Employee Cooperation
Early detection of substance abuse problems benefits everyone. For example, it benefits the employee with the substance abuse problem because it gives him/her the opportunity to correct the problem before it leads to serious harm to the employee or others; it benefits the employee’s co-workers who otherwise might have to carry an extra burden by “covering” for the substance abuser or who otherwise might be exposed to serious injury; and it benefits SDSURF because it gives SDSURF an opportunity to prevent accidents and avoid the performance problems and other losses associated with substance abuse. Accordingly, all employees should understand that co-workers with substance abuse problems should be encouraged to seek assistance from SDSURF ’s Employee Assistance Program.
Prohibitions
SDSU Research Foundation prohibits the unlawful manufacture, distribution, dispensation, possession, promotion, sale or use of drugs or other illegal substances, drug paraphernalia or look-alike (simulated) drugs while performing work for SDSURF ; while on SDSURF property; while operating or responsible for the operation, custody, or care of SDSURF equipment, vehicles or other property; or while responsible for the safety of others.
SDSU Research Foundation expects each employee to perform his/her duties in a safe and competent manner. Employees who are under the influence of drugs on the job compromise SDSURF ’s interest, endanger their own health and safety and the health and safety of others, and can cause a number of other work-related problems. Accordingly, SDSURF employees must not report for duty or attempt to work under the influence of any drug or other substance which will in any way adversely affect their work performance, alertness, coordination, or response.
Medically Prescribed Drugs
The use of prescribed drugs, or possession incident to such use, is not prohibited by this Policy, if:
- The drug has been legally obtained and is being properly used for the purpose for which it was prescribed; and
- The use of the drug is not inconsistent with the safe and/or efficient performance of the employee's duties.
Any employee who is using a prescribed drug (e.g. muscle relaxants, pain medication, anti-depressants) and who has been informed or has reason to believe that the use of any such drug may limit his/her ability to perform his/her job duties safely and/or efficiently, is required to advise his/her supervisor (or the Director of Human Resources & Risk Management) that (s)he is using a prescribed drug and that the use of such a drug may affect his/her ability to perform his or her duties safely and/or efficiently. Any supervisor so notified shall immediately consult with SDSURF 's Director of Human Resources & Risk Management in order to consider what accommodations, if any, can be made to facilitate employment without risk to safety or loss of efficiency.
Information concerning an employee's use of prescribed drugs shall be accorded confidential status and only those persons who have a need to know shall have access to such information.
Fitness For Duty Examinations and Testing
SDSU Research Foundation reserves the right to require that an employee submit to a physical examination or clinical testing procedures, designed to detect the presence of drugs when there are reasonable grounds for believing that the employee is under the influence of or improperly using drugs in violation of this policy.
In addition, those employees who drive SDSURF vehicles on a regular basis, transport passengers as part of their jobs, work with children or youths, work in a medical setting, or perform sensitive work in connection with certain contracts may be required to undergo physical examinations or clinical testing procedures designed to detect the presence of drugs as a condition of continuing employment. Applicants for such positions may also be required to undergo pre-employment physical examination or clinical testing designed to detect the presence of drugs. Employees who hold any of the above positions will be notified as SDSURF determines that they are so employed. Further, SDSURF will advise applicants for positions that are classified as sensitive that the positions are so classified.
All required physical examinations or clinical testing procedures are at the expense of the employer.
Inspections
To help ensure a work environment free of illegal drugs and/or drug paraphernalia SDSURF reserves the right to inspect or authorize responsible University or other worksite authorities (including campus police) to inspect desks, lockers, vehicles and/or related personal items (i.e. briefcases, purses, tote-bags, lunch boxes) located on SDSURF , University or other worksite property (such as the County), without prior notice, provided, however, that such inspections shall be conducted only in those circumstances where there is reasonable suspicion to believe that prohibited drugs or drug paraphernalia will be found in the item inspected.
Employee Assistance
SDSU Research Foundation recognizes the importance of assisting employees in dealing with drug problems and to that end offers educational and benefit programs dealing with such matters. Employees who voluntarily seek assistance for substance abuse before problems associated with such abuse come to the attention of SDSURF , may be permitted to continue to work, at the discretion of the SDSURF , provided that 1( a recognized treatment or rehabilitation program is followed; and 2( all standards of job performance and conduct are met. Employees who require time away from work to participate in a recognized treatment or rehabilitation program will be accommodated in accordance with SDSURF 's leave of absence policy.
Information concerning employees who participate in treatment and/or rehabilitation programs will be accorded confidential status. Only those persons who have a need to know shall have access to such information. Information concerning educational and benefit programs is available from the SDSURF Director of Human Resources & Risk Management or designee.
Disciplinary Action
Any employee who violates this policy in any way, or who refuses to cooperate with any aspect of this policy, is subject to appropriate disciplinary action up to and including immediate termination.
SDSU Research Foundation may, at the discretion of SDSURF ’s Director of Human Resources & Risk Management choose not to terminate an employee for a first violation of this policy if the employee satisfactorily completes participation in an approved drug or alcohol abuse assistance or rehabilitation program when recommended to do so by SDSURF, or if the employee contacts the Employee Assistance Plan within two working days of being referred there by SDSURF and follows the recommendations made by the Employee Assistance Plan, including satisfactory completion of participation in an approved drug or alcohol abuse assistance or rehabilitation program.
Responsibility
The SDSU Research Foundation Director of Human Resources & Risk Management or designee is responsible for the administration of this policy and acting as a resource for employee assistance programs. Supervisors are responsible for reporting any incident of suspected substance abuse to the SDSURF Director of Human Resources & Risk Management.
As a condition of employment, each employee is responsible for notifying the SDSURF Human Resources & Risk Management Office if (s)he has been convicted of violating a drug statute in the workplace or during any SDSURF-related activity or event. Such notification is required to be given within five days of the conviction. When required by federal law, SDSURF will notify any federal agency with which it has a contract of any employee who has been convicted under a criminal drug statute for violations occurring in the workplace.
Approved by the Foundation Board of Directors on March 14, 1989. Revised November 3, 1989, March 1, 1992, February 14, 1997, and May 5, 1999. Updated 12/15/2009