Drug and Alcohol Use in the Workplace
This policy applies to all college employees and volunteers.
In compliance with the Drug-Free Workplace Act of 1988 and the NYS Policy on Alcohol and Controlled Substances in the Workplace, SUNY Delhi will not tolerate the unlawful possession, manufacture, use, distribution, or dispensation of any illicit drugs and/or alcohol on the campus of SUNY Delhi, its off-campus facilities, or as part of any of its activities. In addition, in keeping with the longstanding policy of the State of New York, employees are prohibited from on-the-job use of, or impairment from, alcohol or controlled substances.
According to the State of New York, "Use and abuse of alcohol and drugs has a detrimental effect on the productivity, attendance, and health of our workforce. As a public employer, we must be vigilant in protecting the safety and welfare of the public with whom we interact and the employees with whom we work."
Prevention and treatment, together with protecting the safety and welfare of our employees, are the college's highest priorities regarding substance abuse. The college provides ongoing drug and alcohol awareness educational programs, and dissemination of drug and alcohol awareness information. The Employee Assistance Program (EAP) is available to all employees, and provides programming and appropriate referrals to chemical dependency services.
To the extent it may exist, illicit drug use, illegal alcohol use, and alcohol abuse adversely impact the educational and working environment of SUNY Delhi.
The longstanding policy of the State of New York is that employees will be subject to criminal, civil, and disciplinary penalties if they distribute, sell, attempt to sell, possess or purchase controlled substances while at the workplace or while performing in a work-related capacity. Such illegal acts, even if engaged in off duty, may result in disciplinary action.
In those work locations where it is permitted, an employee may possess and use a controlled substance that has been properly prescribed by a physician.
Employees in positions that require a Commercial Driver’s License are required to undergo random medical testing, as prescribed by the Federal Omnibus Transportation Act of 1991.
The State of New York Policy on Alcohol and Controlled Substances in the Workplace provides that upon “reasonable suspicion,” a supervisor may require an employee to undergo a medical examination, which could include a drug and/or alcohol test. Examples of behavior giving rise to reasonable suspicion are included in the New York State Policy on Alcohol and Controlled Substances in the Workplace (pdf).
The college will actively work to prevent and eliminate illegal drug use, illegal alcohol use, and alcohol abuse from our campus through education, advisement, assessment, prevention activities, and when appropriate, referrals to campus and community resources. The college will engage in good faith efforts to maintain a drug-free workplace, which will include educational efforts to raise the awareness of all employees to the issues and concerns of illicit drug use and/or alcohol dependency or abuse.
This policy shall be deemed supplemental to all applicable state and federal laws and all personnel rules and regulations. Nothing in this policy alters any other reporting obligation established in campus policies or in state, federal, or other applicable laws.
The college will respond promptly and decisively to violations of this policy. This response may include termination of employees or referral to appropriate assistance programs, and will include timely involvement of law enforcement agencies, when appropriate.
The unlawful possession, manufacture, use, distribution, or dispensation of any illicit drugs and/or alcohol on the campus, or as a part of any college activity shall be considered a form of employee misconduct. Employees charged with offering, giving, or selling controlled substances to other employees, students, or visitors on the campus will be suspended without pay and disciplinary action will seek their dismissal from State service. Such employees shall also be subject to criminal and civil penalties. In addition, the discharging of employment duties while under the influence of any illicit drugs and/or alcohol shall be considered a serious form of employee misconduct.
Compliance with the provisions of this policy have been, and continues to be, a term and condition of employment.
Any employee, who is convicted of a violation of any criminal drug statute occurring in the workplace, must notify the Interim Director of Human Resources no later than five (5) days after the conviction. Proper notice will then be given to the appropriate federal agency. This is a term and condition of employment.
“Illicit Drugs” Defined
Illicit drugs include the many substances covered by the Controlled Substances Act (21 U.S.C. 811). See Schedules I-V of Section 202 of the Controlled Substance Act (21 U.S.C. 812) and Schedule I-V of New York State Public Health Law 3306. All so-called “street drugs” (heroin, cocaine, crack, marijuana, speed, acid) are illicit drugs.
Education and Prevention
The college will continue, on a periodic basis, to offer training programs designed to increase awareness of the dangers of drug and alcohol abuse and of available support services. These trainings are in compliance with the Drug-Free Workplace Act of 1988, in support of the New York State Policy on Alcohol and Controlled Substances in the Workplace, and in keeping with the college’s interest in maintaining a climate that promotes optimum student and employee health and welfare.