CLEMSON UNIVERSITY
PERSONNEL POLICIES AND PROCEDURES MANUAL
Rev. 12/05
THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THE DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.
DRUG AND ALCOHOL TESTING POLICY FOR CLEMSON UNIVERSITY
POLICE AND FIRE DEPARTMENT
GENERAL PURPOSE:
Clemson University recognizes that for certain individuals, in high risk or security sensitive positions, being under the influence of drugs or alcohol while in the scope of employment jeopardizes the safety of the individual employee and the campus community. These employees are categorized as high risk and/or security sensitive positions. Any distraction and/or negligence with regard to duty or error in judgment provide the potential to result in harm to themselves and/or others.
POLICY:
Clemson University recognizes that the use of drugs or alcohol jeopardizes the safety of the individual and the campus community and is, therefore, committed to having a drug free workplace and workforce.
It is the policy of Clemson University that the critical missions of the Police and the Fire Departments require implementation and maintenance of a drug and alcohol testing program. Due to the sensitive and/or high-risk nature of work performed by these employees, it is essential to ensure that these employees are not affected by drugs. Therefore, a drug and alcohol testing program will be implemented effective January 1, 2006, for employees in the Clemson University Police Department and the Clemson University Fire Department with the exception of the following job classifications: Administrative Assistant-Chief's Receptionist, Administrative Specialist II - Records Clerk, and Communication Specialist II - Dispatchers.
DEFINITIONS:
Controlled Substances: Includes marijuana, cocaine, opiates, amphetamines, and phencyclidine.
Alcohol Test: A test administered by a blood alcohol or breath alcohol technician (BAT) on the blood or breath specimen of an employee using appropriate lab or breath testing device (EBT). Also, any other test deemed such and conducted as on scene post-accident testing by federal, state or local officials.
Drug Test: The compulsory production and submission of urine by an employee or prospective employee in accordance with agency procedures for comprehensive testing for substances including, but not limited to, marijuana, cocaine, opiates, amphetamines, and/or phencyclidine.
Medical Review Officer (MRO): A licensed physician knowledgeable of substance abuse disorders and trained in the procedures necessary to competently interpret and evaluate drug and alcohol tests.
Reasonable Suspicion: The quantity of proof or evidence that is more than a hunch, but less than probable cause. Reasonable suspicion must be based on specific, objective facts and any rationally-derived inferences from those facts about the conduct of any individual that would lead a reasonable person to suspect that an individual is using or under the influence of drugs while on duty.
Refusal to Test: Failure to provide an adequate urine specimen for a drug test without a valid medical explanation; failure to submit to tests as directed; engaging in any conduct which obstructs the testing process.
Substance Abuse Professional: A Substance Abuse Professional has an addictions certification as well as clinical experience. The Substance Abuse Professional is responsible for releasing the employee for return to duty.
PROHIBITED CONDUCT:
No employee shall refuse to submit to an initial drug test, post-accident test, random drug test, reasonable suspicion drug test, return to duty drug test or follow-up drug or alcohol test as required under this policy.
No employee shall report for duty or remain on duty when the employee uses any controlled substances, except where the use is pursuant to the instructions of a licensed medical practitioner who has advised the employee that the substance will not adversely affect the employee’s ability to perform their duties.
No employee shall ingest any prescribed or over-the-counter medication in amounts beyond the recommended dosage so as to affect job related performance.
Employees shall immediately notify their supervisor/or appropriate chain of command when required to use prescription medicine and having been informed that the substance has the potential to impair job performance. The employee shall advise the supervisor of the known side effect of such medication, and the prescribed period of use.
No employee shall submit an adulterated sample nor conceal the actual knowledge of another employee’s use of, or being under the influence of a controlled substance or alcohol.
No employee shall report for duty or remain on duty if the employee tests positive for a controlled substance.
SANCTIONS
Any employee who engages in any prohibited conduct and poses a risk of harm to her/himself or others may be removed from duty immediately and is subject to disciplinary action up to and including termination. The employee will be suspended without pay pending further investigation in accordance with State regulations. In accordance with the Drugfree Workplace Act of 1988, the employee will be offered Employee Assistance and will be evaluated by a Substance Abuse Professional (SAP). Once recommended treatment is complete, the employee must pass a return-to-duty test prior to returning to duty. According to procedure, this test is at the employee’s expense with six additional tests will be given during the following 12 months at the employee’s expense. A second positive will result in immediate termination.
Employees subject to this policy are advised to review and be aware of the sanctions that may be imposed by the University resulting from a violation of the Standards of Conduct as stated in the Clemson University Employee Drug and Alcohol Policy.
Any applicant who refuses to take a pre-employment test or tests positive on a pre-employment drug test will not be given further consideration for that position. The background check for these employees will include driving record, criminal record, and a credit check.
TESTING:
Drug testing shall be conducted under the following circumstances:
Pre-employment/Applicant Testing (drugs only)
Employee Initial Testing (drugs only)
Employee Random Testing (drugs only) 25% of pool for each department
Reasonable Suspicion (drugs and alcohol)
Post Accident Testing (drugs and alcohol)
Weapon Use Incident (drugs and alcohol) Police Department Only
Return to Duty Testing (drugs only)
Follow-up Testing (drugs only)
A “split specimen” procedure will be incorporated into the drug testing program. If a drug test result is positive, the employee may request the second part of the urine, which was collected as a split sample, be sent to another certified laboratory for analysis. Should the employee desire analysis of the split sample, the request must be made in writing to the Medical Review Officer within 72 hours of result notification. Any cost or expense associated with the split sample analysis will be the responsibility of the employee. If the second test results in a negative analysis, the employee is viewed as passing the test. Should it be determined that a urine sample has been diluted (as identified through the appropriate chain of custody, and/or personnel designated in the testing process) the employee will be required to submit to repeat testing upon notification.
PRE-EMPLOYMENT/INITIAL TESTING:
A pre-employment drug test will be required for the final candidate selected for any full time, part-time, permanent, or temporary position within the specified departments. Failure to pass the pre-employment/initial testing will result in the termination of consideration for that applicant.
RANDOM TESTNG:
Employees shall be randomly drug tested as a condition of continued employment in order to ensure a drug free workplace. Selection of employees to be tested will be made by an external contractor hired by the Office of Human Resources and/or the State of South Carolina. When an employee is randomly selected by the contractor, he/she shall be notified in writing and instructed to report to the collection site within one hour of notification. Positive identification will be required from each employee prior to entering the testing area.
Where the employee appears unable or unwilling to provide a specimen at the time of the drug test, testing personnel shall document the circumstances on the drug-test report form. The employee shall be permitted to no more than three hours to provide a sample on site. Reasonable amounts of water may be given to an employee to encourage urination. Failure to submit a sample without a valid medical explanation shall be considered a refusal to submit to a drug test which will result in termination of employment. Employees submitting adulterated or diluted samples may be subject to sanctions in accordance with the Department of Transportation regulations.
Whenever there is reason to believe that the employee may have altered or substituted the specimen to be provided, the department head will determine if a second specimen is to be obtained immediately and/or if charges will be filed against the employee. Adulteration of a specimen is a misdemeanor in the State of South Carolina.
REASONABLE SUSPICION:
An employee may be tested for drugs and alcohol when specific objective facts infer that his/her conduct would lead a reasonable person to suspect that he/she has engaged in any prohibited conduct. Such facts may include, but not be limited to, appearance, behavior, speech and/or body odor and must be observed by a Clemson University supervisor who has received the minimum required training in detecting signs and symptoms of drug and alcohol use. The observations must be made by the supervisor while the employee is on duty. A written record of the observations leading to the reasonable suspicion testing will be made by the supervisor within 24 hours of the observations and sent to the Office of Human Resources. Final determination for testing must be approved through the Office of Human Resources.
When an employee is notified of reasonable suspicion testing for drugs and/or alcohol, he/she must report to the test site immediately [within one (1) hour]. The employee shall be given the necessary documentation and driven to the test site by the supervisor or department official. Because the employee is being tested for reasonable suspicion and may possibly be under the influence, the employee shall not be allowed to operate a vehicle. The employing department is responsible for providing transportation to and from the testing facility.
Clemson University reserves the right to take whatever action necessary to prevent an employee from driving a vehicle to the test site for reasonable suspicion testing including, but not limited to, contacting appropriate and/or additional law enforcement. When an employee is transported to a test site for reasonable suspicion, it will be the responsibility of the employing department to provide transportation from the testing facility.
If an alcohol test, required by this section, is not administered within two hours following the reasonable suspicion determination, the supervisor will prepare a report stating the reasons the alcohol test was not administered in a timely manner. If the alcohol test is not administered within eight hours following the reasonable suspicion determination, there will be no further attempts to administer the test and the supervisor will prepare a report stating the reasons why the test was administered in a timely manner. The report(s) will be forwarded to the Office of Human Resources.
If a supervisor is unable to obtain a reasonable suspicion alcohol test, the employee may not remain on or return to duty if the employee appears to be under the influence or impaired by alcohol as indicated by specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. In this situation, the employee will only be permitted to return to work when an alcohol test shows a concentration of less than 0.02; or twenty-four hours have elapsed since the reasonable suspicion observations.
Any employee having a reasonable basis to believe that another employee is illegally using or in possession of any controlled substance shall immediately report the facts and circumstances to their supervisor.
POST- ACCIDENT TESTING:
An employee must submit to a post-accident drug and alcohol test under the following circumstances:
1. After an accident involving a fatality (loss of life);
2. Upon being issued a citation for a moving violation as a result of the accident and someone immediately receives medical treatment away from the scene of the accident, and/or;
3. Upon being issued a citation for a moving traffic violation as a result of the accident where one or more vehicles are towed from the scene of the accident.
An employee may be tested on the scene of an accident by a law enforcement officer. If a federal, state or local law enforcement officer directs an employee to submit to a drug and/or alcohol test at the scene of an accident, it will be the responsibility of the employee to immediately notify his/her supervisor or other Clemson University official in his/her chain of command and/or the Office of Human Resources at 656-2727 or 656-2726.
When reporting involvement in an accident, the employee shall provide the following:
1. Name of the officer
2. Jurisdiction (Federal, State, County, etc.)
3. Badge Number
4. Telephone number of officer conducting test(s)
If an employee is not tested on the scene of an accident by law enforcement officials, the employee must immediately notify his/her supervisor and submit to a drug test no later than thirty-two (32) hours and/or alcohol test no later than eight (8) hours after the accident.
In the case where an employee is seriously injured and cannot provide a specimen at the time of the accident, he/she must provide the necessary authorization to release information needed to determine the existence of drugs and/or alcohol in his/her system.
WEAPON USE INCIDENT TESTING: (Police Department Only)
In the event of a weapon use incident, the involved officer will be mandated to undergo a drug test no later than eight (8) hours after the incident and an alcohol test no later than two hours after the incident. If the alcohol test is positive, the employee will be terminated immediately. If the drug test is positive, the employee may request testing of the split sample within 72 hours of the incident and will be placed on suspension without pay pending further investigation. If the employee does not request split sample testing or if the split sample test is positive, the employee will be terminated immediately.
RETURN TO DUTY TESTING:
An employee will be suspended without pay following a verified positive drug test, a verified positive alcohol test result of 0.04% or greater, a refusal to submit to a test, or after engaging in other conduct that violates this policy. He/she must be evaluated by a Substance Abuse Professional (SAP), complete recommended treatment, and pass a return-to-duty test prior to returning to duty.
The return-to-duty test and Substance Abuse Professional evaluation ensures that an employee is:
1. Free of alcohol and/or any prohibited drugs, and;
2. Able to return without undue concern about continued substance abuse.
Any employee who had a positive alcohol test result of 0.04% or greater must have a verified alcohol test result of less than 0.02% before any attempt is made to return him/her to duty.
Any employee who had a positive alcohol test result of 0.02% or greater but less than 0.04%shall not return to duty for at least twenty-four hours following administration of the test.
FOLLOW-UP TESTING:
Follow-up drug and alcohol testing is separate from, and in addition to, the regulated random testing program. Once allowed to return to duty after a positive test result, the employee shall be subject to unannounced follow-up testing for at least twelve (12) months and no more than sixty (60) months. The frequency and duration of the follow-up testing shall be recommended by the Substance Abuse Professional. However, a minimum of six (6) tests must be performed during the first twelve (12) months after the employee has returned to duty. Employees subject to follow-up testing shall remain in the random pool even if it results in duplicate testing.
RELEASE OF INFORMATION
The results of drug and alcohol tests will be made known to the employee and/or applicant as follows.
Employee: The results of all drug and alcohol tests on employees will be made known to the employee any time a test result is positive. The employee will be notified that the test indicated a positive result and which drug(s) were revealed.
Applicant: The results of a pre-employment drug test must be made available to those applicants requesting the information, in writing, within sixty (60) calendar days of being notified of the University’s disposition of his/her employment application.
DRUG AND ALCOHOL AWARENESS
Clemson University has established the Employee Drug and Alcohol Policy containing information on drug and alcohol treatment and counseling programs as well as information regarding the health risks and effects of drugs and alcohol. Employees in need of counseling or treatment are encouraged to utilize the University’s Employee Assistance Program. The goal of this program is to provide confidential assistance resources for individual employees and to enable employees to maintain or enhance productivity despite problems that may arise. All employees are encouraged to review the information in the Employee Drug and Alcohol Policy. Questions regarding any of this material should be directed to the Office of Human Resources.
All employees shall be required to sign the attached statement certifying that they have received, read and understand the Drug and Alcohol Testing Policy for Employees in High Risk/Security Sensitive Positions, Employee Drug and Alcohol Policy as well as a release of information to appropriate University officials if the employee is injured and cannot provide information after an accident.
TRAINING
Training for employees and supervisors in the Fire Department and Police Department will be conducted 60 days in advance of implementation of the policy. The training sessions will include a review of the Drug and Alcohol Testing Policy for Employees in High Risk/Security Sensitive Positions and the Employee Drug and Alcohol Policy. An attendance sheet and Release of Information Authorization form will be signed by participants.
After implementation of the program, new employees and transfers to the Fire Department and Police Department will attend a training session prior to being tested.
Rev. 8/12/04; 09/30/04, 12/05, 04/12/2007