(a) Employee obligation. Department employees have
an obligation to uphold the public's trust in the department by projecting
a positive image to other employees and the public at all times.
(b) Alcohol and drug use. An employee is prohibited
from using alcohol or drugs, possessing an open container of an alcoholic
beverage, or possessing a drug in the workplace.
(c) Alcohol use after accident. An employee is prohibited
from using alcohol within eight hours after an accident or before
undergoing a post-accident alcohol test, whichever comes first.
(d) Sale of drugs. An employee is prohibited from the
illegal sale, distribution, dispensing, transportation, or manufacture
of drugs, whether in the workplace or outside the workplace. This
prohibition includes any violation of state and federal controlled
substances acts.
(e) Lawful medication. An employee is prohibited from
reporting to work, working, or operating a state vehicle while under
the influence of lawfully prescribed or over-the-counter substances
if the employee's performance is impaired. An employee may appropriately
use prescribed or over-the-counter medications if work performance
is not impaired.
(f) Responsibilities of supervisors. A supervisor may
not allow an employee to continue to work if the supervisor has actual
knowledge that the employee in the workplace is using alcohol or drugs
in the workplace, possesses an open container of an alcoholic beverage
in the workplace, or possesses a drug in the workplace.
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Source Note: The provisions of this §4.33 adopted to be effective November 21, 2002, 27 TexReg 10754; amended to be effective March 18, 2015, 40 TexReg 1523; amended to be effective April 18, 2017, 42 TexReg 2008 |