| (a) Distribution. An employee will be terminated from
the department if convicted of a criminal drug violation relating
to the sale, distribution, dispensing, transportation, or manufacture
of drugs, whether in the workplace or outside the workplace. A final
applicant will not be hired if the final applicant is on probation
or parole for a felony conviction related to the sale, distribution,
dispensing, transportation, or manufacture of drugs or the possession
with the intent to sell, distribute, dispense, transport, or manufacture
drugs. An employee will be terminated from the department if it is
determined that at the time of hire, the employee was on probation
or parole for a felony conviction related to the sale, distribution,
dispensing, transportation, or manufacture of drugs or the possession
with the intent to sell, distribute, dispense, transport, or manufacture
drugs.
(b) Suspicious substance. The following procedure will
be followed if a substance appearing to be a drug is found in the
possession of an employee in the workplace. It will also be followed
if an employee is reasonably suspected of selling, distributing, dispensing,
transporting, or manufacturing drugs, or conspiring to sell, distribute,
dispense, transport, or manufacture drugs, whether in the workplace
or outside the workplace. Reasonable suspicion may be based on any
circumstance, including direct observation in the workplace or an
arrest, charge, or indictment for an offense related to selling, distributing,
dispensing, transporting, or manufacturing drugs.
(1) The employee's supervisor will immediately place
the employee on administrative leave pending investigation by the
department.
(2) The employee will immediately be provided with
a letter that:
(A) summarizes the facts on which reasonable suspicion
is based;
(B) notifies the employee that involvement in selling,
distributing, dispensing, transporting, or manufacturing drugs subjects
the employee to termination from the department;
(C) advises that the employee will have a specified
time in which to provide a reasonable explanation to the employee's
supervisor or substance control officer; and
(D) advises that the employee may be terminated from
the department if the employee refuses to offer a reasonable explanation,
if the response indicates that the employee sold, distributed, dispensed,
transported, or manufactured drugs, or conspired to sell, distribute,
dispense, transport, or manufacture drugs, or if the response is insufficient
or unacceptable.
(3) An employee who is suspected of involvement in
selling, distributing, dispensing, transporting, or manufacturing
drugs will be terminated from the department if:
(A) the employee fails to respond within the specified
time or to provide a sufficient and acceptable explanation;
(B) the substance control officer confirms the illegal
acts; or
(C) investigation by law enforcement or other governmental
authorities confirms the illegal acts.
(4) An employee who used or possessed drugs in the
workplace, but did not sell, distribute, dispense, transport, or manufacture
drugs, or conspire to sell, distribute, dispense, transport, or manufacture
drugs, will be mandatorily referred to the EAP and required to complete
treatment if:
(A) the employee fails to respond within the specified
time or to provide a sufficient and acceptable explanation;
(B) the substance control officer confirms the illegal
acts; or
(C) investigation by law enforcement or other governmental
authorities confirms the illegal acts.
(5) An employee will be made aware of the EAP if it
is determined that the employee used drugs outside the workplace and
did not use drugs in the workplace or sell, distribute, dispense,
transport, or manufacture drugs.
(6) If an employee is reasonably suspected of selling,
distributing, dispensing, transporting, or manufacturing drugs, or
conspiring to sell, distribute, dispense, transport, or manufacture
drugs, the substance control officer shall contact the Compliance
Division or the substance abuse program staff of the Human Resources
Division immediately, before turning the matter over to law enforcement
authorities.
(c) Notifications.
(1) An employee shall notify the employee's supervisor
in writing if the employee is arrested, charged, or indicted for an
offense related to selling, distributing, dispensing, transporting,
or manufacturing drugs, whether in the workplace or outside the workplace.
If the employee fails to make this notification within one day after
returning to work following the occurrence, the employee will be suspended
three days without pay.
(2) An employee shall notify the employee's supervisor
in writing if the employee is convicted of an offense related to selling,
distributing, dispensing, transporting, or manufacturing drugs, whether
in the workplace or outside the workplace. If the employee fails to
make this notification within one day after returning to work following
the occurrence, the employee will be terminated from the department
whenever it is discovered.
(3) An employee shall notify the employee's supervisor
in writing if the employee is convicted of any violation of any criminal
drug statute based on the employee's conduct in the workplace for
which notification is not required under paragraph (2) of this subsection.
This notification must occur within one work day after the employee
returns to work following the conviction if the violation is related
to conduct that occurred in the workplace. If the employee fails to
make this notification on time, the department will suspend the employee
within 30 days after it discovers the conviction. The suspension will
be for three days without pay. Under the Drug Free Workplace Act 1988,
41 U.S.C. §§701 - 707, the department will notify the appropriate
federal agency of the conviction within 10 days after receipt of the
notice.
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