1087.0.0
EMPLOYEE DRUG AND ALCOHOL PREVENTION POLICY
1087.1.0
Policy
All Department of Health and Human Services (DHHS) employees
are prohibited from using, possessing or selling controlled substances or
alcohol while on duty or working with the presence of alcohol or illegal drugs
in the employee's body, or abusing legal drugs. The abuse of legal drugs
includes taking any form of prescription medicine without a prescription.
Employees who engage in drug or alcohol abuse face the risk of termination and
the forfeiture of worker's compensation medical and indemnity benefits. DHHS
complies with the Drug Free Workplace Act of 1988.
1087.2.0
Application
1087.2.1 This rule will be strictly applied
according to its terms. No terms or conditions not appearing under this policy
apply. For example, no Administrative Review is required to implement
disciplinary action pursuant to this policy. This is a special promulgated
policy, not part of DHHS Policy #1085, Minimum Conduct Standards for DHHS
Employees.
1087.2.2 Nothing in this
rule abrogates the employment at will doctrine. Any departmental error that is
trivial or formal or merely academic and that does not prejudice the
substantive rights of an affected party and that in no way affected the final
outcome of the case will be deemed harmless error and will not be grounds for
overturning the agency decision.
1087.3.0
Drug Use, Sale or
Conviction
1087.3.1 State
agencies will not differentiate between drug users and drug pushers or sellers.
Any employee who gives or in any way transfers a controlled substance to
another person or sells or manufactures a controlled substance while on the job
or an agency premises will be subject to discipline up to and including
termination.
1087.3.2 The term
"controlled substance" means any drug listed in
21 U.S.C. Section
812 and other federal regulations. Generally,
these are drugs which have a high potential for abuse. Such drugs include, but
are not limited to, Heroin, Marijuana, Cocaine, PCP, and "Crack". They also
include "legal drugs" which are not prescribed by a licensed
physician.
1087.3.3 Each employee
is required by law to inform the agency within five days after he or she is
convicted for violation of any federal or state criminal drug statute where
such violation occurred on the agency's premises. A conviction means a finding
of guilt (including a plea of nolo contendre) or the imposition of a sentence
by a judge or jury in any federal court, state court or other court of
competent jurisdiction.
1087.3.4
The Department of Human Services (DHHS) must notify the U.S. government agency
with which the contract was made within ten days after receiving notice from
the employee or otherwise receives actual notice of such a
conviction.
1087.3.5 If an employee
is convicted of violating any criminal drug statute while in the workplace, he
or she will be subject to discipline up to and including termination.
Alternatively, the agency may require the employee to successfully finish a
drug abuse program sponsored by an approved private or governmental
institution.
1087.3.6 As a
condition of further employment on any federal government contract, the law
requires all employees to abide by this policy.
1087.4.0
All Employees are Subject to
the Provisions of this Policy when Engaged in the Following Activities:
A. When conducting DHHS business, whether on
or off DHHS property.
B. When on
DHHS property at any time, including parking lots, whether leased or owned by
DHHS.
C. When driving or riding as
a passenger in a DHHS vehicle.
D.
When assigned to on-call status, required to remain available by telephone or
pocket pager, in order to be called in to work.
1087.5.0
Information is
Confidential
All data, information, and results related to employee drug and
alcohol testing are confidential. Disclosure of information will only be to
those individuals whose official business duties necessitate disclosure or as
required by law.
1087.6.0
Three Levels of Drug Testing
1087.6.1
Pre-Employment: All persons selected for new
employment or a change of employment within DHHS must submit to a drug test as
a precondition of employment. All hiring decisions are contingent on the
selectee passing the drug test. This applies to current DHHS employees applying
for different positions as well as external applicants.
1087.6.2
Reasonable
Cause: All employees are subject to reasonable cause drug and
alcohol screening.
1087.6.3
Random: Employees in safety sensitive positions or
engaged in drug prevention activities are also subject to random drug testing
as a condition of employment.
1087.7.0
Pre-Employment Drug Testing
Process
1087.7.1 Vacancy
announcements for positions for which drug or alcohol testing is required will
include notice of testing in the announcement. The Career Opportunities
Bulletin and other job advertisements will include a statement advising
applicants that they will be required to submit to drug and alcohol testing
after a conditional offer of employment.
1087.7.2 All applicants selected for
employment (includes applicants for temporary, emergency, and extra help
positions), will also be notified in writing (DHHS Form 1956, Pre-Employment
Drug Testing Process Application Notice) at the time of application or
interview that an offer of employment is conditional upon passing a
pre-employment drug test. The written notification will inform applicants of
the consequences of:
(a) failing to appear
for testing or
(b) a test
indicating positive for drugs or alcohol.
1087.7.3 Upon conditional selection of an
individual for employment, the hiring official must notify the selectee (via
telephone and letter) that the selectee is conditionally selected for
employment contingent on he/she successfully passing a pre-employment drug
test, and provide instructions for taking the test.
1087.7.4 DHHS will select the drug testing
site and pay for the initial drug test.
1087.8.0
Drug Testing
Timeframe
1087.8.1 Within 48
hours of the initial notification the selectee must pick up a Chain of Custody
form, take the form to the testing location, and provide a sample for
testing.
1087.8.2 Keeping in mind
that some testing locations are closed on weekends and holidays, the hiring
official will not make the initial notification on the last workday before a
weekend, holiday, or scheduled time off.
1087.8.3 If extenuating circumstances beyond
the selectee's control prevent the selectee from providing a sample within 48
hours, the selectee must request an extension within 48 hours of the initial
notification of selection. Scheduling or transportation problems experienced by
the selectee are not extenuating circumstances. The decision of whether to
grant the extension will be made by the hiring supervisor. The supervisor must
notify the selectee of the decision verbally within one working day, followed
by written notification.
1087.9.0
Two Year Employment Ban
The following will result in the selectee being banned from
applying for employment with DHHS for two years:
A. If the drug test is not performed within
48 hours (unless an extension is granted).
B. If the drug test is positive. A test is
considered to be positive if the test results indicate that the sample has been
tampered with in any way or that the selectee has attempted to falsify the test
results, including the use of masking agents or chemicals.
C. If the selectee fails to appear for drug
testing without notifying the hiring official that he/she is declining the
position.
1087.10.0
Drug Test Results
1087.10.1 Drug test results are forwarded
directly to the Policy and Administrative Program Management Unit (PAPM). PAPM
then notifies the hiring supervisor whether the applicant is eligible or not
eligible for hiring.
1087.10.2
If the results of the drug test are negative for
controlled substances, the hiring supervisor will notify the selectee of his or
her final selection and ask the selectee to complete the necessary documents
for employment.
1087.10.3
If the results of the drug test are positive for
controlled substances, the selectee will be notified in writing of the results
and will not be considered further for the position. Internal applicants will
be disciplined in accordance with this policy. External applicants will not be
eligible for employment with DHHS until all of the following conditions have
been met:
A. The selectee has successfully
completed a supervised drug rehabilitation program that has been approved by
DHHS.
B. A two-year waiting period
has expired.
C. The selectee passes
a new employee drug screening.
D.
The selectee signs an agreement to allow random drug testing during his/her
first year of employment. DHHS will pay for the drug tests. If the selectee is
hired for a safety sensitive or drug prevention position, the selectee must
agree to random drug screening throughout his/her employment with
DHHS.
1087.11.0
Disagreement with Findings of Drug Test (by Selectee)
1087.11.1 If the selectee disagrees with the
findings of the drug testing, the selectee may arrange to have a portion of the
original sample retested at a laboratory certified by the National Institute of
Drug Abuse. The selectee must arrange and pay for the second test. The second
test must be performed within five working days after learning the results of
the first test. If the second test is negative for the presence of drugs or
alcohol, the hiring supervisor may either accept the second result or have a
third test performed at the department's expense. The results of the third test
will be considered conclusive.
1087.11.2 No applicant will be placed on the
payroll before successful completion of the pre-employment drug
screening.
1087.12.0
Reasonable Cause Drug Testing Process
1087.12.1 DHHS may require a blood test,
urinalysis or other drug/alcohol screening for employees any time there is
reasonable cause to suspect the employee has violated the Employee Drug and
Alcohol Prevention Policy. Reasonable cause to suspect a violation of the
policy may be established by any of the following:
A. Observed impairment of job
performance.
B. Uncharacteristic or
erratic behavior.
C. The employee's
attendance changes, e.g., habitual absenteeism.
D. Direct observation (by a manager,
supervisor, or other DHHS employee) of drug or alcohol use or possession during
working hours or while on DHHS premises.
E. A workplace accident or an accident
involving a DHHS vehicle when the accident results in personal
injury.
F. Physical symptoms
indicative of drug or alcohol use. For example, slurred speech, tremors,
drowsiness, pupils dilated or constricted, irritability, hyperactivity, general
motor impairment, disorientation, or the smell of alcohol on the
breath.
G. Arrest or conviction for
a drug or alcohol related offense or the identification of an employee as the
subject of a criminal investigation into illegal drug possession, use, or
trafficking.
H. Evidence the
employee has tampered with a previous drug or alcohol test.
I. Evidence drugs have been tampered with or
are missing from a unit or designated area to which the employee has
access.
J. Any other facts or
circumstances which would cause a reasonable person to believe that the
employee is in possession of, or under the influence of drugs or
alcohol.
1087.12.2 Upon
establishing reasonable cause, the employee's supervisor will promptly detail
in writing the circumstances that formed the basis of the determination that
reasonable suspicion existed to warrant the testing. A written record will be
made of the observation leading to a controlled substances reasonable suspicion
test within twenty-four hours of the observed behavior. Original documentation
will be kept for at least one year. A copy of the documentation will be given
to the employee upon request. The employee must be ordered to report for drug
and alcohol testing.
1087.13.0
Random Drug Testing Process
1087.13.1 Division and facility directors may
identify those positions within their divisions or institutions that are
"safety sensitive" or require integrity to a drug prevention job mission.
Safety sensitive positions are those in which a drug or alcohol impairment
constitutes an immediate and direct threat to public health or safety. The
positions will be identified by position number.
1087.13.2 As a condition of employment in
safety sensitive or drug prevention positions, employees agree to random drug
testing. Employees in these positions will be randomly selected at intervals
determined by DHHS. The contractor will generate a list of names for the random
drug testing. Once an employee is selected for testing, the employee must
report for drug testing procedures.
1087.13.3 If changes in the job duties
associated with a position make the position safety sensitive or require
integrity to a drug prevention job mission, any employee holding the position
must agree to random drug testing as a condition of continued
employment.
1087.14.0
Random/Reasonable Cause Testing Compliance
1087.14.1 An employee selected under random
or reasonable cause for drug or alcohol testing must report to the
designated testing site within four (4) hours of notification. The
employee is subject to random or reasonable cause testing only on scheduled
workdays.
1087.14.2 An employee
failing to submit to testing within four hours of notification will be
terminated. If the employee tampers with the sample or in any way falsifies
test results, including the use of masking agents or chemicals, the employee
will be terminated and will not be eligible for rehire.
1087.14.3 If the employee is to be tested at
a location other than the employee's work site, supervisors will be responsible
for arranging transportation to the test site in cases of reasonable cause
testing.
1087.15.0
Failure
to Provide Sample
Normal drug screening uses a urinalysis test. If the employee
or applicant is unable to provide a sample when he or she reports to the
sampling site, the person to be tested may opt to provide a blood sample or a
hair sample. If blood or hair is provided, the cost of testing will be at the
employee or applicant's own expense. Failure to provide a urine, blood, or hair
sample will have the same consequences as testing positive for drugs or
alcohol.
1087.16.0
Disagreement with Findings of Drug or Alcohol Test (by Employee)
If an employee disagrees with the findings of the drug or
alcohol test, the employee may arrange to have a portion of the original sample
retested at a laboratory certified by the National Institute of Drug Abuse. The
employee will arrange and pay for the second test. The second test must be
performed within five working days of learning the results of the first test.
If the second test is negative for the presence of drugs or alcohol, the
supervisor may either accept the second test result or have a third test
performed at the department's expense. The result of the third test will be
considered conclusive.
1087.17.0
Disciplinary Actions for
Violations
The supervisor of an employee who tests positive for drugs or
alcohol will be notified and the employee must abide by the following
terms:
1087.17.1
First Offense
A. Ten
days suspension without pay.
B.
Sign and adhere to a "Return to Work Agreement" to refrain from all illegal
drug use. Failure to sign or fulfill the terms of this agreement is a second
offense.
C. Enroll in the State of
Arkansas Employee Assistance Program (EAP), request substance abuse services,
and fully participate in all offered services. Contact the
EAP before returning to work from the ten-day suspension.
Failure to complete any of the above is a second offense.
D. Participating in mandatory EAP random
interval drug screening for at least one year. Failure to take these drug tests
at the times determined by EAP is a second offense. The employee will pay the
cost of the drug tests.
E.
Obtaining EAP Certification that the employee has successfully completed a
substance abuse program designated by EAP. EAP notification of program
non-compliance is a second offense.
1087.17.2
Second
Offense
A. Second offense
includes the failure to meet any condition imposed as a result of a first
offense.
B. Any employee committing
a second offense under this policy will be immediately terminated. A terminated
employee forfeits eligibility for workman's compensation, and medical and
indemnity benefits.
C. Terminated
employees will be eligible for re-employment consideration only after all of
the following conditions are met:
1. The
applicant has successfully completed a supervised drug rehabilitation program
approved by DHHS.
2. A two-year
waiting period has expired.
3. The
applicant passes a new employee drug screening.
4. The applicant signs an agreement to allow
random drug testing during the first year of employment at the department's
expense.
1087.18.0
Employee Assistance
Program
1087.18.1 EAP is an
established program capable of providing problem assessment, short-term
counseling, referrals to other providers, follow-up services, and education and
training.
1087.18.2 If an employee
in the course of employment voluntarily enters EAP or an approved treatment
program requesting services related to substance abuse, DHHS has the option of
not requiring follow-up testing. If follow-up testing is required, it must be
conducted at least once a year for a two-year period after completion of the
program. Advance notice of a follow-up test will not be given to the employee
to be tested.
1087.18.3 DHHS will
not discharge, discipline or discriminate against an employee solely upon the
employee's voluntarily seeking treatment for a drug-related or alcohol-related
problem, entering an employee assistance program for drug-related or
alcohol-related problems or entering a drug or alcohol rehabilitation program,
if the employee has not previously tested positive for drug or alcohol
use.
1087.19.0
Department
Contact
Office of Administrative Services
Human Resources/Support Services Section
Policy and Administrative Program Management
P.O. Box 1437/Slot W403
Little Rock, AR 72203-1437
Telephone: 501/682-6476
Replacement Notation: This policy replaces DHHS Policy 1051
dated April 9, 1989