6.6 Employee Substance Abuse Policy
6.6.1 Overview
Calvin College has a vital interest in maintaining a safe, healthful and efficient workplace for its employees. Being under the influence of illegal drugs or alcohol on the job may pose serious safety and health risks not only to the user but to all those who work with the user.
Calvin College recognizes that its future is largely dependent upon the physical and psychological health of its employees. Accordingly, it is the right, obligation and intent of Calvin College and Seminary to maintain a safe, healthful and efficient working environment for all of its employees and to protect Calvin's reputation, property, equipment and operations.
Calvin College maintains a short-term employee assistance program through the Broene Center. Upon referral from the Department of Human Resources help will be given to employees who have need of assistance for alcohol or illegal drug abuse.
With these basic objectives in mind, Calvin College has established the following policy with regard to the use, possession, abuse or distribution of alcohol or illegal drugs.
6.6.2 Policy Statement
6.6.2.1 Pre-Employment Screening
Calvin College maintains the right to require pre-employment screening to prevent hiring individuals who use illegal drugs or individuals whose use of alcohol would impair or cause unsafe job performance.
6.6.2.2 On-The-Job-Use, Possession or Distribution of Drugs or Alcohol
- Alcohol: Being under the influence of alcohol* by any employee while performing Calvin business or while on Calvin property is prohibited. Consumption or possession of alcohol on Calvin property or in a Calvin vehicle is prohibited.
- Illegal Drugs**: The use, sale, purchase, transfer or possession of an illegal drug by an employee while on Calvin property, while in a Calvin vehicle or while performing Calvin business is prohibited. The presence in any detectable amount of any illegal drug in an employee while performing Calvin business, while in a Calvin vehicle or while on Calvin property is prohibited.
6.6.3 Notification
6.6.3.1 Criminal Drug Conviction
Employees who are convicted of any workplace related criminal drug activity are required to inform Calvin of such conviction within five days of their conviction. Notification must be made to the Director of Human Resources. It is a condition of employment with Calvin that all employees provide this notification.
6.6.3.2 Agency Notification
Calvin will be required to notify Federal contracting officers or Federal granting officers within ten days of receiving notification of an employee's criminal drug conviction under the provisions of the Drug-Free Workplace Act of 1988 as incorporated in the Federal Acquisition Regulation, if and when this Act applies to Calvin.
6.6.3.3 Modification of Policy
The administration of Calvin is authorized and directed to modify this Policy in order that it would continue to remain in compliance with the Drug Free Workplace Act of 1988, and related regulations.
6.6.4 Discipline
6.6.4.1 Disciplinary Action
The procedure of Section 6.1 will generally be used to determine if there is a violation of the policy and, if there is, the appropriate disciplinary sanction.
6.6.4.2 Drug and Alcohol Screening
Calvin may require a blood test, urinalysis or other drug/alcohol screening of those persons suspected of using or being under the influence of a drug or alcohol or where circumstances or workplace conditions justify it. Employee consent to submit to such a test is required as a condition of continued employment.
6.6.5 Employee Assistance Program
Drug and Alcohol Use Policy: Relationship to Employee Assistance Program
Calvin maintains a short-term Employee Assistance Program through the Broene Center. Upon referral from the Department of Human Resources help will be given to employees who suffer from alcohol or illegal drug abuse. It is, however, the responsibility of each employee to seek assistance before alcohol and drug problems lead to disciplinary offense. Once a violation of this policy occurs, subsequently using the Employee Assistance Program will not necessarily lessen disciplinary action and may, in fact, have no bearing on the determination of appropriate disciplinary action. An employee's decision to seek prior assistance through the Department of Human Resources' referral to the Broene Center or through one of Calvin's Health Care Benefits will not be used as the basis for disciplinary action and will not be used against the employee in any disciplinary proceeding.
6.6.6 Searches
6.6.6.1 Calvin Property and Facilities
Calvin may conduct unannounced searches for illegal drugs or alcohol anywhere in Calvin facilities or vehicles or on Calvin property. Employees are expected to cooperate in the conduct of such searches which may be conducted at any time and do not have to be based on reasonable suspicion.
6.6.6.2 Searches of Employees and Their Personal Property
Searches of employees and their personal property may be conducted where there is reasonable suspicion to believe that the employee or employees are in violation of this policy or when circumstances or workplace conditions justify the search in the opinion of Calvin College.
An employee's consent to a search is required as a condition of continued employment and the employee's refusal to consent may result in disciplinary action, including termination, even for a first refusal.
*"Under the influence" means, for the purposes of this policy, that the employee is affected by a drug or alcohol or the combination of a drug and alcohol in any detectable manner. The symptoms of influence are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of influence can be established by a professional opinion, a scientifically valid test and in some cases by a lay person's opinion.
**"Illegal drug" means any drug (a) which is not legally obtainable or (b) which is legally obtainable but has not been legally obtained. The term includes prescribed drugs not legally obtained and prescribed drugs not being used for the prescribed purposes or in prescribed quantities. It also includes marijuana.