Current through all regulations passed and filed through September 16, 2024
The version of this rule that includes
live links to associated resources is online at https://www.ohio.edu/policy/41-133
(A)
Purpose
The Ohio university alcohol and other
drugs policy and program is designed to prevent drug and alcohol problems
within the university setting. The policy and programs are designed to identify
problems at the earliest possible stage, motivate the affected individual(s) to
seek help, and to direct the individual toward the best assistance
available.
(B)
Policy
The university recognizes that the use
and abuse of alcohol and other drugs can seriously impair an employee's
performance and create an unhealthy and unsafe environment for employees,
students and visitors and is therefore a university-wide concern. Due to the
university's concern, this alcohol and other drugs policy is
instituted.
With that said, it is strictly
prohibited for an employee to use, possess, manufacture or distribute drugs
and/alcohol, or be under the influence of drugs and/or alcohol, while in the
workplace or in university vehicles and equipment and while on duty. This
includes the misuse or inappropriate use of prescription medications and drugs.
The consumption of alcohol at university sanctioned events may be permitted if
such use has been authorized by the university. This policy is in accordance
with the Drug-free Workplace (41 USC 701) and the Drug-free
Schools and Communities Act (PL
101-226).
(C)
Alcohol and other
drugs awareness program
(1)
Ohio university hereby establishes an alcohol and other
drugs awareness program. Under this program, the university will regularly and
periodically publish literature warning about the dangers of the abuse of
alcohol and other drugs in the workplace or in any environment. The program
will specifically cover the following major topics:
(a)
Health and safety
concerns associated with drug abuse;
(b)
University policy
regarding illegal drug or alcohol use;
(c)
Availability of
counseling and assistance for employees;
(d)
Penalties that
may be imposed for drug or alcohol abuse violations.
(D)
Employee compliance with university substance abuse
policy
(1)
An
employee found to be illegally possessing or using alcohol, or other drugs or
being under the influence of such, shall be subject to disciplinary action up
to and including termination of employment in accordance with university
policy, the faculty handbook or the collective bargaining agreements. A
disciplinary sanction may include the completion of an appropriate
rehabilitation program. Such sanctions may include disciplinary action up to
and including termination of employment.
(2)
All university
employees shall, as a condition of employment, abide by the following
requirements:
(a)
Comply with the terms of the university's alcohol and
other drugs policy and guidelines promulgated pursuant to this
policy.
(b)
Notify their administrative supervisor of any alcohol
or drug related arrests and/or convictions no later than five working days
after such conviction.
(3)
As required by
legislation and upon receipt of notice under the preceding paragraph, the
university shall notify the federal agency sponsoring grants or contracts with
the employee's department. This notification shall take place within ten
working days after receiving such conviction notice.
(E)
Employee
disclosure
(1)
Any employee who is chemically dependent will not be
disciplined for disclosing this dependency. If the substance abuse dependency
adversely affects the employee's behavior, job performance or poses a direct
threat to the property or safety of the university or fellow employees, such
employee shall be subject to disciplinary action up to and including
termination of employment consistent with university policies and
procedures.
(2)
Records pertaining to the diagnosis or treatment of
alcohol or drug related medical conditions will not be made part of the faculty
or staff member's personnel file and will be regarded as strictly confidential
in all cases. Self-disclosure of a medical diagnosis or documented substance
abuse treatment shall be referred to the university accessibility
office.
(3)
The principal investigator of any grant, project, or
contract from a federal agency is required to ensure that each employee engaged
in the performance of the grant be given a copy of and acknowledge receipt of
this policy.
(F)
Employee assistance program
The university shall operate an
"Employee Assistance Program" (EAP) that shall be monitored through university
human resources. For details of the EAP, refer to policy 41.130, employee
assistance program.
(G)
Guidelines for
reasonable suspicion testing
University human resources will
maintain and post guidelines online for supervisors to follow when it is
suspicioned that an employee may be under the influence of alcohol and/or
drugs.
The version of this rule that includes
live links to associated resources is online at https://www.ohio.edu/policy/41-133
