4014 Drug-Free Workplace
Danville Area Community College recognizes that substance abuse poses a serious threat to the College's goal of providing a safe and productive workplace for all employees. In order to provide a workplace free of drugs, the Danville Area Community College Board of Trustees prohibits the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance and the abuse of legal drugs and alcohol while on Danville Area Community College owned or supervised property, and while on College business. Employees are also prohibited from using alcohol and cannabis while on Danville Area Community College owned or supervised grounds at any time, including meal periods and breaks, except where authorized by the College for approved College functions. Employees are further prohibited from reporting to work while under the influence of alcohol, cannabis or illegal drugs.
Furthermore, any employee, if convicted of a criminal drug offense that occurred in the workplace, shall, within five days of the conviction, notify the Vice President, Human Resources of said conviction. Upon notification, the Vice President, Human Resources shall inform the Federal government of the conviction. For the purposes of this notice requirement, a conviction includes a finding of guilt, a no contest plea, and/or an imposition of sentence by any judicial body for any violation of a criminal statute involving the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances.
An employee who violates any aspect of this Policy Statement will be subject to disciplinary action up to and including discharge and referral for prosecution. Additionally, if deemed appropriate by the College under the particular circumstances, an employee who violates this Policy Statement may be required to participate in and complete a substance abuse assistance or rehabilitation program to the satisfaction of the College. An employee subject to disciplinary action of being under the influence of alcohol, cannabis or illegal drugs in the workplace has the right to contest the basis of determination of impairment. The Board supports the drug and alcohol awareness workshops and seminars, as required by the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989. The Board also supports the College’s efforts to make substance abuse pamphlets and brochures available to employees and students.
Drug-Free Workplace (Procedure)
Danville Area Community College works to maintain a drug-free workplace for all College employees and students. The College has established an education and training program in an effort to ensure that all College individuals are aware of issues regarding alcohol and drug use/abuse in the workplace, including:
- The dangers
- The policy of the College regarding a drug-free workplace
- The availability of alcohol and drug counseling and rehabilitation programs
- The penalties that may be imposed upon employees for alcohol and drug abuse violations.
Each employee of the College receives a written or electronic copy of the Policy Statement regarding a drug- free workplace, which includes the penalties for violating the policy. Each employee is made aware that information regarding the dangers of alcohol and drug use/abuse in the workplace and alcohol and drug abuse counseling and rehabilitation is available through the Human Resources Office. Each employee is notified that as a condition of employment he/she must abide by the Policy Statement, including notifying the employer of a conviction for a violation of a criminal drug statute in the workplace no later than five days after such conviction.
Danville Area Community College will notify any Federal contracting agency within ten days of having received notice that an employee who is engaged in the performance of such contract has been convicted of violating a criminal drug statute in the workplace. An employee who violates any aspect of the Policy Statement, including being convicted of a criminal drug offense, will be subject to disciplinary action up to and including discharge and referral for prosecution. The employee has a right to due process to contest the basis for determination of impairment in the workplace. Additionally, if deemed appropriate by the College under the particular circumstances, an employee may be required to participate in and complete a substance abuse or rehabilitation program to the satisfaction of the College.
Impairment in the Workplace
An employee may be considered impaired by alcohol or cannabis if the employer has a good faith belief that the employee was under the influence of alcohol or cannabis; and the employee manifests specific articulable symptoms while working that decrease or lessen the employee’s performance of the duties or tasks of his/her position.
Specific Symptoms of Alcohol or Cannabis Impairment:
- Employee’s speech
- Physical dexterity
- Agility
- Coordination
- Demeanor
- Irrational or unusual behavior
- Negligence or carelessness in operating equipment
- Disregard for safety of self or others
- An accident that results in damage to property or equipment, disruption of the workplace or carelessness that results in injury.
Employees must follow State and Federal laws as applicable to a specific profession. As an example, one possessing a Commercial Driver’s License (CDL) through the U.S. Department of Transportation as a qualification for employment must be compliant with all laws specific to that position.
Through this program of providing every employee with the information listed above, as well as alcohol/drug education and training programs and related programs, the College is making a good-faith effort to maintain a drug-free workplace.