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Drug-Free Workplace and Drug-Free Schools and Communities Act Statement

Introduction

Summary

As a recipient of federal aid and federal grants, the University must certify under the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989 that it will take certain steps to provide a drug-free workplace.

Applicability

This policy applies to all employees of Washington and Lee University.

Statement

Alcohol and Drug Use in the Workplace

As a recipient of federal aid and federal grants, the University must certify under the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989 that it will take certain steps to provide a drug-free workplace. The possession, use, consumption, sale, dispensing, distribution or manufacture of alcohol or controlled substances is prohibited on University property, while conducting University business or as a part of University activities, except on occasions when the consumption of alcoholic beverages in a social setting is authorized and sponsored by the University. Employees who violate this policy will be subject to appropriate disciplinary action, consistent with local, state and federal law, which may include counseling, mandatory participation in an appropriate rehabilitation program, unpaid suspension from employment, loss of the privilege of operating a W&L vehicle, and/or termination of employment and referral for prosecution.

Employees are prohibited from working, and from operating any W&L vehicle or equipment, while under the influence of alcohol or non-prescribed controlled substances. Employees using prescribed or over-the-counter medication are prohibited from operating W&L vehicles or equipment at any time when their ability to do so might be impaired by the medication and must report use of any medication, prescribed or over the counter, which may alter their ability to function safely to their supervisor. In addition, no passenger in a W&L vehicle may consume alcoholic beverages or use non-prescribed controlled substances while in the vehicle.

In furtherance of its commitment to a safe workplace and a safe learning environment, with a workforce free of alcohol or controlled substances that may impair judgment and job performance and result in injury to self or others, the University reserves the right to require testing of employees for alcohol (including medications containing alcohol) or illegal or controlled substances, when a supervisor has reason to believe the employee may be under the influence of alcohol (including medications containing alcohol) or controlled substances, and may not be able to meet established performance standards, thereby placing the employee and/or others at risk of injury or loss on the basis of reasonable suspicion. Reasonable suspicion occurs when there is evidence of or an observable sign of impairment.

Any employees who are directly engaged in the performance of work pursuant to the provisions of a federal grant or contract are required under the Drug-Free Workplace Act to notify their supervisors within five days of a conviction for a drug-statute violation occurring in the workplace. Additionally, employees must report any drug-related or alcohol-related misdemeanor or felony conviction to the Office of Human Resources. See the Reporting Convictions Policy in the Employee Handbook.

In accordance with the Drug-Free Schools and Communities Act of 1989, the University distributes annually to employees information on applicable legal sanctions and health risks associated with the unlawful possession or distribution of alcohol or controlled substances, and a description of drug and alcohol treatment programs available to members of the University community (links embedded to those resources). Separate from the legal requirements, the University is concerned with the health and well-being of members of the University community. Employees may contact the executive director of Human Resources, in confidence, for referral to the Employee Assistance Program (EAP) or to the employee's insurance plan for treatment resources. The University group health plan offers comprehensive coverage for substance abuse treatment, and patients may make direct contact with the insurer with no physician or employer referral required.

Washington and Lee University is committed to compliance with the provisions of the Omnibus Transportation Employee Testing Act of 1991 ("the Act") and to attracting and maintaining a workforce free of alcohol and controlled substances, which can impair judgment and job performance and may result in accident or injury to self, other employees, students, or visitors. Employees who are required to maintain a valid commercial driver's license ("CDL") because they either regularly or occasionally operate a commercial motor vehicle with a gross vehicle weight rating or gross combination weight rating of 26,001 or more lbs, or with the capacity to carry 16 or more passengers (including the driver), are subject to pre-employment, reasonable suspicion, random, post-accident, return to duty, and follow-up testing, as mandated by the Act and described at http://www.dot.gov/ost/dapc.