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This policy reaffirms the standards of Binghamton University
regarding the
Beginning on January 1, 1996, the Omnibus Transportation
Employee Testing Act of 1991 (OTETA) mandates that certain employees
in safety sensitive positions submit to drug and alcohol testing. Currently,
Binghamton University employees whose positions require the possession
of a Commercial Drivers License (CDL) are the only employees subject
to such testing.
To comply with OTETA, Binghamton University will be performing
mandated pre-employment, pre-assignment (promotion), reasonable suspicion,
post-accident, random, follow-up, and return to duty drug testing of
these employees. Employees in this status will be notified as to their
inclusion in this program and will also be notified prior to the implementation
of the drug and alcohol testing program. Offers of employment will be
withdrawn for otherwise qualified applicants to safety sensitive positions
who fail or refuse to take drug pre-employment test.
Binghamton University will assist faculty and staff who have
a drug or alcohol problem in their recovery provided the employee seeks
and/or accepts assistance. However, Binghamton University will take
appropriate formal disciplinary action, which can include penalties
up to, and including termination of employment in order to resolve drug
or alcohol related performance and/or misconduct problems. Employees
may be referred to the Employee Assistance Program (EAP) to aid in dealing
with drug and/or alcohol problems. EAP is a confidential information
assessment and referral program that provides employee requested services.
Services include assessment for referral to the most appropriate community
resource provider related to the emotional or physical illness, alcohol
or drug related problem. Information provided to EAP is kept confidential.
Employees who have drug and alcohol problems
who would like to seek rehabilitative services through EAP or any other
recognized rehabilitation program are encouraged to pursue help before
they are determined to be in violation of the Drug-Free
Workplace Act or fail the testing requirements of the Omnibus
Transportation Employee Testing Act.
RESPONSIBILITIES
Employee
It is the policy of Binghamton University that:
1. No employee shall use, sell, distribute, dispense, possess,
or manufacture any alcoholic beverage or illegal drug on the job site,
on Binghamton University property (including property leased or rented
by Binghamton University), while on duty, in a state vehicle, a vehicle
leased or rented for state business, or a private vehicle being used
for state business during the employees’ work hours.
2. After January 1, 1996, an employee covered by OTETA and
notified of being in a safety sensitive position as defined by the rules
of OTETA is further prohibited from the use of alcohol four (4) hours
prior to operating a Commercial Motor Vehicle (CMV). No supervisor having
knowledge that an employee in such a position has used alcohol within
four (4) hours shall permit that employee to operate a CMV.
3. No employee shall report for work unfit for duty at the
beginning of a shift or upon returning from any break, lunch or rest
period, as a result of consuming alcohol and/or illegal drugs. Further,
no employee serving in a safety sensitive position as defined by the
OTETA shall report to work in a condition that violates the Act and
the corresponding rules.
4. An employee on paid standby status shall remain fit for
duty at all times in accordance with this policy.
5. While prescription drugs are not prohibited, they should
not render an employee unfit for duty. The employee should bring situations
of this nature to the attention of the supervisor, especially if the
employee’s job responsibilities have an impact on the health and
safety sensitive. These situations are to be addressed confidentially
on a case-by-case basis and it may be necessary for the employee to
provide certification from their physician that the prescription substance
does not adversely impact fitness to do their job.
6. Work-related accidents or injuries involving state vehicles,
equipment and/or property where it can be demonstrated that the use
of alcohol or drugs may have been a contributing factor will result
in formal disciplinary action which can include penalties up to and
including termination of employment. In addition, for employees serving
in safety sensitive positions covered under OTETA, they shall be required
to take post-accident alcohol and drug tests. Employees serving in OTETA
covered positions shall not use alcohol for eight (8) hours following
an accident or until the employee undergoes the post-accident alcohol
test, whichever occurs first.
7. An employee shall notify their supervisor of any criminal
drug and/or alcohol statute conviction, which results from a violation
occurring no later than five (5) days after the date of conviction (Drug-Free
Workplace Act of 1988). The supervisor who has been notified of such
conviction must inform the Director of Human Resources within twenty-four (24) hours of receiving
the information from the employee.
8. This provision within this policy applies to employees
for whom possession of a valid driver's license is a requirement of
their position at the University. Article 19A, Section 509(I) of the
NYS Vehicle and Traffic Law states that a driver notified that their
license, permit, or privilege to operate a motor vehicle has been revoked,
suspended or withdrawn or who is convicted of a violation of such provisions
of this chapter as shall constitute a misdemeanor or a felony in any
jurisdiction shall notify the motor carrier (supervisor) that employs
such person of the contents of the notice before the end of the business
day on which it is received. A driver who fails to notify their employer
of such suspension, revocation, or conviction or a violation of such
provisions of this chapter as shall constitute a misdemeanor or felony
shall be subject to a five (5) working day suspension, or a suspension
equivalent to the number of working days such driver was not in compliance
with this article, whichever is longer.
9. An employee may be directed to undergo medical examination
and/or testing under Section 72 of the NYS Civil Service Law, at the
expense of Binghamton University if the supervisor suspects that the
employee is not able to perform their duties as a result of alcohol
or controlled substance related disabilities. Further, employees covered
under OTETA serving in safety sensitive positions must undergo alcohol
and/or drug testing when the supervisor has “reasonable suspicion”
to believe that employee has violated the alcohol and drug prohibitions
of the OTETA. A reasonable suspicion must be based on specific reliable
observations about the employee’s appearance, behavior, speech,
or body odors. Some examples would be: an unsteady gait, the odor of
alcohol on the breath, thick or slurring speech, abusive language or
behavior, disorientation or lethargy. Other factors to consider include:
the employee’s time and attendance pattern, on- the-job accidents,
difficulty remembering instructions of conversations, poor relationships
with co-workers, supervisors, and other members of the campus community.
Usually, reasonable suspicion will be based upon a combination of factors.
10. Violation of the provisions of this “Policy on Alcohol
and Substance Abuse in the Workplace” may result in disciplinary
action up to and including termination of employment according to the
terms of the bargaining unit contract of the specific union involved.
Supervisory
It is the policy of Binghamton University that:
1. Supervisors have a very important role i establishing
and perpetuating a productive work environment at the University. As
such, they are responsible for determining through direct observation
whether an employee is capable of performing the duties assigned. Signs
or symptoms of being under the influence of alcohol and drugs include
incoherent or belligerent speech, smell of alcohol, difficulty working
or erratic or unusual behavior uncommon to the employee.
2. Employees suspected of being unfit for duty may not remain
at the workplace since they may represent a danger to themselves, others
or University property. Any incidents representing performance problems
possibly resulting from the use of drugs and/or alcohol should be documented
in writing immediately and a second trained supervisor/manager should
be consulted to confirm the observations of the primary supervisor.
An employee who is impaired should not be permitted to drive home from
the workplace.
4. The fact that an employee is suspected of being unfit to perform their duties due to the influence of alcohol or drugs is not considered an automatic disciplinary suspension. After an employee is removed from the workplace, the supervisor(s) and manager(s) should discuss with the Office of Human Resources whether disciplinary charges or other administrative actions should be pursued or what actions seem prudent. Often, in the course of disciplinary actions, assistance is sought for the employee through many avenues. Each situation requires a case-by-case review. 5. If an employee displays dangerous, aggressive, or abusive
behavior, which constitutes a danger to persons or property and resists
voluntarily leaving the workplace, the Office of Human Resources must
be contacted immediately to proceed with clearance to suspend the employee
under the provisions of the disciplinary procedures of the appropriate
union contract. If necessary, the University Police Department should
be contacted to assist in the removal of the employee from the workplace
since safety is always the first priority.
6. An employee who reports to work unfit for duty and is
sent home using sick leave accruals or sick leave without pay may be
subject to medical exam at the expense of Binghamton University as a
condition of returning to work. In such cases, the appropriate staff
of Human Resources should be contacted for advice and assistance.
Management
It is the policy of Binghamton University that:
1. A drug and alcohol free workplace be maintained.
2. Appropriate corrective actions be taken with managers
and supervisors who fail to perform the duties and responsibilities
outlined in this policy.
3. Managers and supervisors will discuss with employees any
behavior or job performance factors that may indicate the use of drugs,
alcohol, or other violations of this policy and, when appropriate, suggest
that
4. After January 1, 1996, as per OTETA provisions, managers
will direct employees in designated safety sensitive positions to mandatory
pre-employment, pre-assignment, reasonable suspicion, random, post-accident,
return-to-duty, and follow-up testing in accordance with the OTETA.
5. All employees and supervisors understand and comply with
the Drug Free Workplace Act of 1988 and the OTETA testing procedures.
Binghamton University will train or arrange for training for supervisors
on how to recognize behaviors of alcohol and/or other drug use.
In summary, it is the policy of Binghamton University that
all employees will remain free of any drug and/or alcohol induced impairments
while on duty, refrain from the use of illegal drugs and/or alcohol
while on duty, and while serving in a designated safety sensitive position,
undergo any drug and/or alcohol testing in accordance with the Omnibus
Transportation Employee Testing Act.
Contacts:
Director of Human Resources, 7-2187
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