Current through all regulations passed and filed through September 16, 2024
(A)
Policy statement and purpose
To set out the policy governing a drug
free workplace.
(B)
Policy
Bowling Green state university has
adopted a drug free workplace policy (board of trustees. May 10. 1991) in order
to ensure a quality educational and work environment, one free from the effects
of alcohol and other substance abuse. It is the responsibility of each faculty,
administrative and classified staff member to adhere to the policy described
here.
The drug free workplace policy
prohibits the unlawful use, sale, dispensing, transfer, or possession of
controlled substances, alcoholic beverages, substances not medically authorized
or any other substance that may impair an individual's academic or work
performance or pose a hazard to the individual, public, students, or employees
of the university on its property or at any of its activities.
If a violation of this policy occurs,
support programs will be made available when appropriate. However, disciplinary
action may be taken up to and including dismissal or expulsion from the
university and possible criminal prosecution. The university will make
appropriate efforts to provide rehabilitative support before giving
consideration to termination of employment as stipulated in the Charter and
, sections
124.34 and
3345.22 -to
3345.25 of the Revise
Code.
Employees must, as a condition of
employment, report any conviction under a criminal drug statute for violations
occurring on or off university premises while conducting university business.
The Drug Free Workplace Act of 1988 mandates that a report of a conviction must
be made within five days after the conviction.
(1)
Reasonable
suspicion testing protocol
(a)
As part of Bowling Green state university's obligation
to ensure a quality and safe educational and work environment, a reasonable
suspicion Testing frotocol has been adopted. Using or being under the influence
or the effects of drugs or alcohol on the job, using such substances in a
manner which effects work performance, or having such substances or their
metabohtes in one's system may pose serious safety and health risks. To reduce
these risks, employees may be required to provide body substance samples (such
as breath, urine and/or blood) to determine if the uhcit. illegal or improper
use of drugs or alcohol has affected one's work performance.
(b)
The intent of
this protocol is to outline for supervisors and managers the steps they may
take in the event an employee appears to have violated the drug free workplace
policy.
(c)
Whether or not a person's behavior rises to the level
of "reasonable suspicion" must be based on the manager's/supervisor's specific
observations concerning the employee's appearance (including odor), behavior,
and/or speech. Some examples of behaviors on which reasonable suspicion may be
founded include:
(i)
Shaky, unstable or staggering walk
(ii)
Red, glazed, or
watery eyes
(iii)
Dilated or contracted pupils
(iv)
Obvious motor
skill impairment
(v)
Odors on breath or clothes.
(vi)
Credible
eyewitness reports of usage
(vii)
Impaired
reaction time
(d)
Behaviors leading to reasonable suspicion must be
documented in writing, Supervisors should write only what is observed as it
relates to unsafe behavior, performance deterioration or policy violation. No
comments are to be recorded which reflect on suspected reasons for the behavior
or opinions about it.
(e)
If, based on reasonable suspicion, any employee is
believed to pose an immediate safety risk to anyone (including self), the
supervisor is to move to relieve the individual of all work
responsibilities.
(2)
Procedure for the
supervisor/manager in case of reasonable suspicion:
(a)
Direct the
employee to a private office or area. The employee's supervisor and, if
possible, another manager/supervisor, should be present to observe the
employee's condition.
(b)
Both managers/supervisors will describe in writing the
employee behavior which has led to reasonable suspicion of substance
abuse.
(c)
Notify the office of human resources of the
incident/behavior and the actions taken. Provide them with a written report.
(Continue the process even if unable to notify HR immediately, e.g., outside of
normal business hours.)
(d)
If the managers/supervisors determine testing is
appropriate, they must accompany the staff member to Wood (county hospital for
testing. No forms are required or appointment needed, but we suggest you call
ahead (ready works) during business hours to inform them of your intentions.
After normal business hours, employees should be escorted to the laboratory in
the Wood county hospital.
(e)
If the employee refuses to proceed with the testing,
the manager/supervisor is to contact human resources. The employee will be
suspended immediately, without pay, pending an HR review of the incident. A
determination of appropriate disciplinary action will follow. While immediate
suspension means that the employee must leave the workplace, s/he should not be
allowed to drive home alone. If the employee refuses the transportation
arrangements and leaves alone in his/her own vehicle, notify the BGSU police
department. If possible, obtain a witness to corroborate the refusal of
transportation and document the incident.
(f)
When testing
occurs, the manager/supervisor is to make immediate arrangements, following
testing and return to campus, for the employee to get home (supervisor,
relative, another employee, cab, etc.). The employee should not be allowed to
drive home alone. If the employee refuses the travel arrangements and leaves
using his/her personal vehicle, notify the BGSU police department. Obtain a
witness to corroborate the refusal of transportation and document the incident.
At that time and pending the results of the testing, the employee is to be
placed on suspension with pay.
(g)
Upon receipt of
the test results, human resources will notify the manager/supervisor to
determine the appropriate course of action according to BGSU policy. If the
test result is negative, the employee is to be returned to work at the next
regular shift. A positive test result will result in disciplinary action as
provided for in the appropriate employee handbook.
Date: January 1, 2014
