Drug and Alcohol Policy for Healthcare Program Employees

Download as PDF

Purpose

In compliance with the Drug-Free Workplace Act of 1988 and Alabama Community College System Board Policy 613.01, Northeast Alabama Community College (NACC or College) is committed to providing a safe and productive work environment. Alcohol and drug abuse pose a threat to the health and safety of NACC employees and to the security of the College’s equipment and facilities. Additionally, the healthcare facilities utilized by NACC Healthcare Programs for clinical rotations and other assignments require that employees working in these environments be held to the same standards as student participants, including that they undergo drug and alcohol testing prior to entering the facilities. Positions within the Division of Healthcare Programs that involve clinical supervision, direct or indirect patient contact, or access to controlled substances are designated as safety-sensitive. The designation of certain positions as safety-sensitive does not limit the application of this policy to those positions; except as expressly excluded within the Scope section, this policy applies to all faculty and staff positions within the Division of Healthcare Programs. For these reasons, NACC is committed to the elimination of drug and alcohol use in Healthcare Program work sites, including at on-campus and off-campus educational and healthcare facilities.

Scope

This policy applies to all employees and applicants selected for faculty and/or staff positions within the Division of Healthcare Programs except for those (a) teaching dual enrollment courses at the high school sites, (b) adjunct instructors teaching solely online, and (c) office staff who do not work directly with students on a regular basis in lab or classroom settings. The Office of Human Resources is responsible for the administration of this policy, with assistance from the Dean of Healthcare Programs.

Employees who also perform driving duties covered by the College’s Drug and Alcohol Testing Guidelines for CDL and non-CDL drivers remain subject to the requirements of that policy in addition to this policy.

Guidelines

  1. Employees should report to work fit for duty and free of any adverse effects of illegal drugs or alcohol.
  2. Whenever healthcare program employees are working on college premises or are conducting college-related work offsite, they are prohibited from:
    1. Using, possessing, buying, selling, manufacturing, or dispensing an illegal drug (to include possession of drug paraphernalia).
    2. Being under the influence of alcohol or an illegal drug as defined in this policy.
    3. Possessing or consuming alcohol.
  3. The presence of an amount sufficient to cause a positive test result for any illegal drug, illegal controlled substance, or alcohol in an employee’s body system, while performing College business or while in a college or contracted healthcare facility, is prohibited.
  4. NACC will also not allow healthcare program employees to perform their duties while taking prescribed drugs that are adversely affecting their ability to safely and effectively perform their job duties. Employees taking prescribed medication must carry it in a container labeled by a licensed pharmacist or be prepared to produce the container if asked.
  5. Any illegal drugs or drug paraphernalia will be turned over to an appropriate law enforcement agency and may result in criminal prosecution.

Mandatory Testing

1. Pre-Employment Testing:

Before hiring or promoting individuals into positions within healthcare programs, Northeast Alabama Community College shall conduct pre-employment drug and alcohol testing. Positions involving clinical supervision, patient contact, or access to controlled substances are designated as safety-sensitive, supporting the requirement for such testing.

Requirements include:

  • A pre-employment drug and alcohol test will be conducted.
  • The Office of Human Resources will maintain a copy of the pre-employment drug test results.
  • Positive test results will be reported to the Dean of Healthcare Programs and the President by the Executive Human Resources Director.

2. Annual Testing

All faculty and staff within the Division of Healthcare Programs are subject to drug and alcohol testing as coordinated by the institution. Testing will commence as follows:

  • Initial Testing: All employees within healthcare programs of the institution will be subject to testing upon initiation of this policy in Fall 2026.
  • Annual Testing: After the initial testing period, employees assigned to work in a clinical setting will be required to undergo annual testing. Those not working in clinical settings will be subject to random testing each semester. The random sampling will be based on 25% of the employees within the Division of Healthcare Programs.

Employees who fail the test must notify his or her immediate supervisor at the College. The Executive Human Resources Director will inform the Dean of Healthcare Programs and the President.

3. Random Drug and Alcohol Testing:

To ensure compliance and safety, NACC reserves the right to institute random drug and alcohol testing during the year for healthcare program employees, upon request of the President.

Prescribed Medications

This policy does not prohibit employees from the lawful use and possession of medications prescribed to the employee by their licensed medical provider. Employees must, however, consult with their licensed medical provider about the medications’ effect on their fitness for duty and ability to work safely, and they must promptly disclose any work restrictions to the Executive Human Resources Director. Employees must be able to perform the essential functions and complete the job duties of their position. A positive test result attributable to the lawful use of a prescribed medication will be reviewed by the Medical Review Officer and will not, standing alone, result in discipline. Employees must nevertheless be able to safely perform the essential functions of their positions, with or without reasonable accommodation, and may be removed from duty when medication use causes impairment that prevents the safe or effective performance of those functions.

Reasonable Suspicion

Employees are subject to testing based on, but not limited to, observations of apparent workplace use, possession, or impairment. Only the President, Dean of Healthcare Programs, or the Executive Human Resources Director can require an employee to submit to testing. In all cases, the President should be consulted prior to the arrangements of the test.

Before referring an employee for testing, the Reasonable Suspicion Observation Checklist must be used to document specific observations and behaviors that create a reasonable suspicion that an employee is under the influence of illegal drugs, alcohol, and/or prescribed drugs taken in excess. Examples include:

  • Odors (smell of alcohol, body odor or urine).
  • Movements (unsteady, fidgety, dizzy).
  • Eyes (dilated, constricted or watery eyes, or involuntary eye movements).
  • Face (flushed, sweating, confused or blank look).
  • Speech (slurred, slow, distracted mid-thought, inability to verbalize thoughts).
  • Emotions (argumentative, agitated, irritable, drowsy).
  • Actions (yawning, twitching).
  • Inactions (sleeping, unconscious, no reaction to questions).

When reasonable suspicion testing is warranted, either the Dean of Healthcare Programs, the Executive Human Resources Director, or the President’s designee will speak with the employee to explain the observations and the requirement to undergo a drug and/or alcohol test within two hours. Refusal by an employee will be treated as a positive drug test result and will subject the employee to possible discipline including, but not limited to, suspension or termination.

Under no circumstances will the employee be allowed to drive himself or herself to the testing facility. Campus Police or another individual designated by the Dean of Healthcare Programs or the Executive Human Resources Director will transport the employee and arrange for the employee to be transported home.

Post-Accident

NACC healthcare employees are subject to testing when they cause or contribute to accidents that result in injury to themselves or another employee requiring medical attention in the following circumstances:

  1. Serious damage has been caused or contributed to by the employee to an NACC vehicle, machinery, equipment, or property.
  2. Serious damage has been caused or contributed to by the employee to the machinery, equipment, or property of an off-campus healthcare site during clinical or other educational assignments.

A circumstance that constitutes reasonable belief will be presumed to arise in any instance involving a work-related accident or injury in which a healthcare employee is found to be responsible for causing the accident. In any of these instances, the investigation and subsequent testing must take place within two hours following the accident, if not sooner. Refusal by an employee will be treated as a positive drug test result and will subject an employee to disciplinary measures, up to termination.

Under no circumstances will the employee be allowed to drive himself or herself to the testing facility. Campus Police or other individual designated by the Dean of Healthcare Programs or Executive Human Resources Director must transport the employee and arrange for the employee to be transported home.

Collection and Testing Procedures

Employees subject to alcohol testing will be transported to an NACC designated facility and directed to provide breath specimens. Breath specimens will be tested by trained technicians using federally approved breath alcohol testing devices capable of producing printed results that identify the employee. If an employee’s breath alcohol concentration is .04 or more, a second breath specimen will be tested approximately 20 minutes later. The results of the second test will be determinative. Alcohol tests may, however, be a breath or saliva test, at the College’s discretion. For purposes of this policy, test results generated by law enforcement or medical providers may be considered by the College as a violation of this policy.

Employees subject to drug testing will be transported to an NACC designated testing facility and directed to provide urine and/or hair specimens per the facility’s normal collection method. Applicants who have been recommended for hire within the Division of Healthcare Programs must undergo drug and alcohol testing at the NACC designated testing facility as well upon direction of the Executive Human Resources Director. Collected specimens will be tested by a licensed facility for evidence of mood/mind altering substances. There must be a chain of custody from the time specimens are collected through testing and storage.

The laboratory will screen all specimens and confirm all positive screens through a medical review officer (MRO). The MRO will offer individuals with positive results a reasonable opportunity to rebut or explain the results. An MRO shall be a licensed physician with knowledge of substance abuse disorders who will review and interpret positive test results. The MRO will:

  • Examine alternate medical explanations for any positive test results. This action may include conducting a medical interview and review of the medical history of the employee or applicant or a review of any other relevant biomedical factors.
  • Review all medical records made available by the tested individual when a confirmed positive test could have resulted from legally prescribed medication. Prior to making a final decision on the results of the confirmed positive test, the MRO shall give the employee or applicant an opportunity to discuss the results. The MRO may contact the employee or applicant directly to discuss the results of the test.
  • Offer individuals with positive results a reasonable opportunity to rebut or explain the results and submit documentation. If the MRO is unable to contact the tested individual, the result will be reported to the Executive Human Resources Director as positive, with notation that the employee or applicant was unresponsive. The individual will still have a reasonable amount of time, as determined by the College, to make the proper communications with the MRO.
  • Address requests from individuals showing positive results with requests to have their split specimen sent to another federally certified laboratory, to be tested at the applicant’s or employee’s own expense. Such requests must be made within 72 hours of notice of test results. If the second facility fails to find any evidence of drug use in the split specimen, the employee or applicant will be treated as passing the test.

Testing is paid by the institution, except in instances where an employee is required to pay for follow-up testing as part of an agreement with the institution or as otherwise noted within this policy.

Consequences

Employees who refuse to cooperate in required tests or who use, possess, buy, sell, manufacture or dispense an illegal drug in violation of this policy will be subject to discipline, up to and including termination. If the employee refuses to be tested, yet the College believes he or she is impaired, the College will request that the employee not leave the premises by driving himself or herself. The College shall make all reasonable attempts to prevent the employee from driving but recognizes that it cannot retain an employee unwillingly. In such an event when the College believes an employee is impaired and should not drive, yet the employee insists on doing so, campus or local police will be contacted.

Employees who test positive, or otherwise violate this policy, will be subject to discipline, up to and including termination. Depending on the circumstances, the employee’s work history/record, available leave, and any state or federal law requirements, NACC may offer an employee who violates this policy or tests positive the opportunity to return to work on a last-chance basis pursuant to mutually agreeable terms, which could include, but is not limited to, counseling, in-patient treatment, and/or follow-up drug testing at times and frequencies determined by the College for a minimum of one year but not more than two years. Any such agreement shall be subject to applicable law, including the Students First Act where it applies. If the employee either does not complete the agreed-upon rehabilitation program or tests positive after completing the rehabilitation program, the employee will be immediately discharged from employment. The College will abide by guidelines of the Students First Act at all times in this process and decisions regarding discipline, termination, and returning to work may only be made by the President. All costs involved in a rehabilitation program and follow-up drug testing are the responsibility of the individual employee.

Employees will be paid for time spent in alcohol and drug testing. After the results of the test are received, a date and time will be scheduled to discuss the results of the test; this meeting will include the Dean of Healthcare Programs and Executive Human Resources Director, and/or President or designee.

Applicants who refuse to cooperate in required tests or who use, possess, buy, sell, manufacture or dispense an illegal drug will be in violation of this policy and will not be allowed to begin work unless determined permissible by the President.

Confidentiality

Information and records relating to positive test results, drug and alcohol dependencies, and legitimate medical explanations provided to the institution will be kept confidential to the extent required by law and maintained in secure files separate from normal personnel files within the Office of Human Resources. Such records and information may be disclosed to the President and among supervisors on a need-to-know basis and may also be disclosed when relevant to a grievance, charge, claim or other legal proceeding initiated by or on behalf of an employee or applicant.

Inspections

NACC reserves the right to inspect all portions of its premises for drugs, alcohol, or other contraband. All healthcare program employees may be asked to cooperate in inspections of work areas that might conceal a drug, alcohol, or other contraband. Employees who possess such contraband or refuse to cooperate in such inspections are subject to appropriate discipline, up to and including discharge.

Employee Assistance

NACC will assist and support employees who voluntarily seek help for drug or alcohol problems by providing references to treatment providers and by otherwise providing accommodations as required by law. Paid leave, unpaid leave, and leave under the Family and Medical Leave Act may be available, depending upon compliance with Alabama Community College System board policy and federal law and/or at the discretion of the President.

Crimes Involving Drugs

NACC prohibits all employees from manufacturing, distributing, dispensing, possessing or using an illegal drug in or on College premises or while conducting College business. NACC employees are also prohibited from misusing legally prescribed or over-the-counter (OTC) drugs. Law enforcement personnel may be notified, as appropriate, when criminal activity is suspected.

All employees who are convicted of, plead guilty to or are sentenced for a crime involving an illegal drug are required to report the conviction, plea or sentence to the President within five days. Failure to comply will subject the employee to termination. Cooperation in complying may result in suspension without pay based on administrator’s review of the nature of the charges and the employee’s past record with NACC.

Training for Recognition of Impaired Individuals

Training will be provided on an annual basis for healthcare program supervisors to recognize employees who may be under the influence of drugs and/or alcohol. This training will be coordinated by the Office of Human Resources.

Enforcement

The Executive Human Resources Director is responsible for policy interpretation, administration and enforcement, in coordination with the Dean of Healthcare Programs.