IS - 2098 Drug-free Workplace	Human Resources Release Date: 9/25/01 Revision 1: 2/18/04
Policy

CNM Board Policy

Governing Board Handbook 5.06, Dangerous Substances
Employee Handbook 12.02, Dangerous Substances

Administrative Directive

Introduction

Central New Mexico Community College (CNM) wishes to promote the health, safety, and welfare of its employees by striving to eliminate the negative effects of substance use and abuse from the workplace, and to assist those employees who have a drug or alcohol-related problem with rehabilitation.  This administrative directive defines prohibited conduct relating to drug and alcohol abuse by employees and provides guidelines for taking steps toward rehabilitation and positive performance.  

Additionally, CNM complies with the Drug-free Workplace Act of 1988, which stipulates that the College agrees to undertake certain steps designed to provide a drug-free workplace as a condition of receiving grants from federal agencies.

Students should refer to the Student Catalog for the student Code of Conduct and for the College's drug policy statement for students.

If there is any conflict between this directive and existing Collective Bargaining Agreements, the terms of the applicable Collective Bargaining Agreement will control.

1. Prohibited Conduct

Drug and alcohol use has an adverse effect on job performance, creates dangerous situations, and serves to undermine the community's confidence in the College.  Therefore:

1.1 CNM prohibits the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the workplace or while on duty. 

1.2 CNM prohibits the consumption of alcoholic beverages and the illegal use of alcohol by employees while on duty. 

1.3 Employees may not report to work under the influence of controlled substances or intoxicants to any degree.

1.4 Employees may not bring or store any open containers of alcoholic beverages on any College property or work site or in the employee's vehicle while the vehicle is on College property.

1.5 Substance and alcohol use is prohibited in all CNM facilities, on all CNM property, in any CNM-owned vehicle, and at any CNM-sponsored activity. 

1.6 As a condition of employment, all employees must abide by this administrative directive.

1.7 Employees who violate this administrative directive may be subject to disciplinary action up to and including termination.

2. Drug Testing

CNM employees, and prospective employees, are required to submit to drug and alcohol testing in the following situations:

• Pre-employment testing (safety-sensitive and DOT regulated positions only)

• Post-accident testing (all employees)

• Random testing (safety sensitive and DOT regulated positions only)

• Reasonable suspicion testing (all employees)

Failure to cooperate with any of the required testing procedures cited above, or detailed below, will result in termination of employment with the College.

In order to protect the rights of both the employees and the College, CNM will obtain the services of a third party administrator (TPA) to manage the random selection process, take samples and administer alcohol and drug testing. Such administrator shall be qualified in accordance with industry standards for such business.  If a positive result is received, a Medical Officer shall make the determination as to whether the result is due to an illegal substance.

    2.1 Pre-Employment Testing (controlled substance only)

2.1.1   Applicants selected for hire in safety-sensitive and DOT regulated positions are required
           to submit to a drug test as a condition of employment.

           A position is classified by Human Resources as safety-sensitive to assure a safe
           working environment based on the safety considerations inherent in the job.  

    2.2 Post-Accident Testing (all employees)

2.2.1   An employee involved in an accident resulting in an injury, fatality, or damage to
           property is subject to alcohol and drug testing.

    2.3 Random Testing (safety-sensitive positions and DOT regulated instructors and students only)

2.3.1   Random testing of employees in safety-sensitive positions for controlled substances
           will be conducted in accordance with the Collective Bargaining Agreements governing
           those positions, and this administrative directive.

2.3.2   Random testing of instructors and eligible student drivers holding a Commercial Driver's
           License is conducted in compliance with the Department of Transportation (DOT)
           Regulations.

    2.4 Reasonable Suspicion Testing (all employees)

2.4.1  The College, at its sole discretion, may administer drug/alcohol testing when there is
          reasonable suspicion that an employee is in possession of, consuming, or under the
          influence of drugs and/or alcohol.  A referral for testing will be based on
          contemporaneous, articulable observations of the employee's actions, appearance,
          behavior, speech, or body odor.

3. Prescription Drugs

An employee taking physician-prescribed medication must notify his or her immediate supervisor of the potential side effects of that medication if the employee has reason to believe that those side-effects may affect his or her ability to:  (1) perform the essential functions of the job; or (2) work safely.  In such cases, the employee may be required to provide an appropriate statement from his or her physician that confirms the fact of the prescription and details the side effects of the medication. 

4. Employee Assistance Program

Recognizing that employees with alcohol or drug-related problems require professional help, CNM provides an Employee Assistance Program for any employee or family member who wants to seek confidential counseling. 

4.1 The Employee Assistance Program (EAP) is a prepaid benefit which helps employees manage concerns that may adversely affect their job performance.  The EAP provides education, encouragement, and assistance, as well as referral services for assessment, continued counseling, and rehabilitation.  See IS-2030 Employee Assistance Program for more information.

4.2 Without disclosing the reason, employees may contact the Human Resources Department (224-4600) to obtain the current EAP provider's phone number, and may then contact EAP directly.

5. Self-Identification

5.1 Employees who voluntarily self-identify that they may be impaired due to drug or alcohol use may be referred to the Employee Assistance Program.  Employees are not disciplined for announcing an impairment due to drug or alcohol use, but will be disciplined for coming to work impaired. 

5.2 Employees are encouraged to voluntarily seek assistance before drug or alcohol-related performance problems result in disciplinary action.

5.3 Without disclosing the reason, employees may contact the Human Resources Department (224-4600) to obtain the current EAP provider's phone number, and may then contact EAP directly.

6. Supervisory Referral to EAP  

Supervisors are not called upon to diagnose the reasons behind inappropriate behavior or performance.  Supervisors who are concerned that an employee’s performance and/or inappropriate behavior are the result of illegal use of drugs or alcohol are encouraged to consult with their Human Resources Representative regarding contacting the EAP provider.  Click here for examples of performance problems.

6.1 If it is determined that the employee should be referred to EAP, the supervisor fills out a Supervisor Referral Form and forwards it to the appropriate Human Resources Representative.  The Human Resources Representative then facilitates the employee's entrance into the EAP program.

6.2 If it is determined that the employee needs emergency EAP assistance (for example, the employee is expressing suicidal ideations or is unable to function), the supervisor should contact the Human Resources Department immediately during normal business hours. 

6.2.1 Emergencies occurring after hours should be referred to the Security Department.

6.3 Under no circumstances should a supervisor send an impaired employee home in the employee's own car.  A taxi or a family member should be contacted to pick up the impaired employee.

7. Community Resources

In addition to EAP, these community resources are available to employees who may need assistance with a drug or alcohol-related problem:

8. Grant-funded Positions

CNM complies with the Drug-free Workplace Act of 1988, which stipulates that the College agrees to undertake certain steps designed to provide a drug-free workplace as a condition of receiving grants from federal agencies.

 8.1 As a condition of employment for employees funded by grants, the employee must

• Abide by the terms of this policy;

• Notify the immediate supervisor of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after that conviction.

8.2 The vice president or designee must notify the federal funding agency within 10 days after receiving notice of an employee's conviction.

9. ADA Considerations

A person who is an alcoholic is considered an individual with a disability for purposes of the Americans with Disabilities Act (ADA).  Refer to The Source IS-2097, ADA for more information.

9.1 Under the ADA, CNM may make reasonable accommodations for an employee who can perform the essential functions of the job.  For example, the employee's work schedule may be adjusted so the employee can attend alcohol rehabilitation counseling sessions. 

9.2 The ADA does not restrict CNM from holding an employee who is an alcoholic to the same qualification standards for employment or job performance and behavior as other employees.

9.3 An employee addicted to drugs that have been legally prescribed also can be considered an individual with a disability.  However, an individual who currently is engaged in the illegal use of drugs does not qualify for the same ADA-protected status.

10. DOT Considerations

In compliance with Department of Transportation (DOT) regulations, instructors and eligible student drivers holding a Commercial Driver's License (CDL) are randomly tested throughout the year for controlled substance and alcohol use. 

10.1 Student drivers who are eligible for random selection drug-testing are those who have
  completed TRDR 101 (classroom) and are entering TRDR102L (range driving) and
  TRDR103L (over the road). 

10.2 The random selection and testing processes are administered by a Third Party Administrator
  which ensures that all holders of a CDL, students and instructors, have an equal chance of
  being selected.

10.3 All applicants for commercial motor vehicle driving employment or studies are subject to pre-
  employment or pre-enrollment drug testing in accordance with DOT regulations. 

10.4 For questions and/or further information regarding DOT alcohol and controlled substance
  regulations contact:

• Truck Driving Program instructors

• the Transportation academic advisor

• the Human Resources Department

11. Confidentiality

When an employee receives professional rehabilitative treatment for drug or alcohol abuse, information regarding such treatment will be kept confidential and will not be released without the written consent of the employee. 

11.1 The professional providing treatment is legally compelled to release information if the individual
   being treated is a danger to self or others, if child abuse is involved, or if a court order exists. 

11.2 Confidentiality applies to both self-referrals and supervisory referrals.

12. Reporting to Authorities

CNM supports the laws of the city, state and federal government regarding the use, sale or possession of controlled substances or alcohol. 

12.1 Where available evidence warrants, the Security Department, in conjunction with the Human
  Resources Department, may bring matters of illegal drug or alcohol use to the attention of
  appropriate law enforcement authorities.  This decision is made with the approval of the
  appropriate Vice President or next level of administrative supervision if necessary.

12.2 Supervisors and other employees are encouraged to contact the Security Department to report
  apparent or suspected violations of the law.

13. Disciplinary Action

Violations of this policy may lead to disciplinary action, up to and including termination.  Such action may require that the employee participate in a drug or alcohol rehabilitation program.  Supervisors are encouraged to confer with the appropriate Human Resources Representative when pursuing disciplinary action.

14. Definitions  

Forms:	Supervisor Referral Form
Support Materials:	IS-2030, Employee Assistance Program IS-2062, Disciplinary Action IS-1402, Assistance from Security IS-2008, Equal Employment Opportunity
Reference Materials:	Drug-free Workplace Act of 1988 Governing Board Handbook 5.06, Dangerous Substances Employee Handbook 12.02, Dangerous Substances Collective Bargaining Agreements