Procedure 2.04.01 - Drug and Alcohol Procedures - Employees

1. The College does not differentiate between users and distributors. An employee who manufactures, distributes, dispenses, possesses, uses, or is under the influence of a controlled substance or alcohol while in the workplace, on college premises, or as part of any college-sponsored activities is subject to disciplinary action up to and including termination or referral for prosecution.
2. The term “controlled substance” means any drug listed in 21 CFR Part 1308 and other federal regulations, as well as those listed in Article V, Chapter 90 of the General Statutes. Generally, these are drugs that have a high potential for abuse. Such drugs include but are not limited to “crack”, PCP, cocaine, marijuana, and heroin. They also include legal drugs that are not prescribed for the individual by a licensed physician.The term alcoholic beverage includes beer, wine, whiskey, and any other beverage listed in Chapter 18B of the General Statutes.
3. If an employee is determined to be in violation of a criminal drug statute or alcohol beverage control statute while in the workplace, on College premises, or as part of a college-sponsored activity, he/she is subject to disciplinary action up to and including termination or referral for prosecution. Alternatively, the College may require the employee to successfully finish a drug/alcohol abuse program sponsored by an approved private or governmental institution as a condition for continued employment at the college.
4. It is against the College’s policy for any employee to report to work with the presence of illegal drugs or alcohol in the employee’s body. An employee will be considered under the influence of drugs when, in the judgment of the employee’s supervisor, the employee’s ability to perform the job safely and effectively is affected by the use of drugs or alcohol.
5. Employee use of prescription and over-the-counter drugs is not prohibited when taken in standard dosage or according to a physician’s prescription.An employee who takes prescription and/or over-the-counter drugs must determine whether the drug may interfere with his/her safety or the safety of others on campus, or otherwise interfere with safe performance of his/her job duties. It is the employee’s responsibility to use appropriate personnel procedures (e.g., call in sick, use leave, notify supervisor) if any use of legal drugs presents a safety risk. The illegal or unauthorized use of prescription drugs by employees is prohibited. The intentional misuse, abuse or distribution of prescription drugs or over-the-counter drugs by employees is prohibited.
6. Each employee is required to inform the college in writing within five days after he/she is convicted for violation of any federal, state, or local criminal drug statute or alcohol beverage control statute when such violation occurred while in the workplace, on college premises, or as part of any college-sponsored activity. A conviction means a finding of guilt (including a plea of nolo contendere) or the imposition of a sentence by a judge or jury in a federal or state court.
7. Convictions of an employee for violating drug laws or alcohol statutes in the workplace, on college premises, or as part of a college-sponsored activity are reported to the appropriate federal agency. The College must notify the U.S. government agency with which the grant was made within ten days after receiving notice from the employee or otherwise receiving actual notice of a violation of a criminal drug statute occurring in the workplace. The College takes appropriate disciplinary action within 30 calendar days from receipt of notice. As a condition of further employment on any federal government grant, the law requires all employees to abide by this policy.
8. Visits to the campus by the Sheriff’s K-9 Unit may occur on a random, unannounced basis. Anyone found possessing illegal drugs or alcohol may be arrested by local authorities and removed from campus.
9. Reasonable Suspicion/For Cause Testing – Any College employee may be required by his or her supervisor to submit to a drug and/or alcohol test under any of the following circumstances:
   • Evidence of drugs/alcohol on or about the employee’s person or in the employee’s vicinity;
   • Unusual conduct on the employee’s part that suggests impairment or influence of drugs/alcohol.
10. Post-Accident Testing – Any College employee who performs a job function that may be considered “safety-sensitive” and who is involved in an on-the-job accident or injury will be required to submit to a drug examination. Examples of safety-sensitive functions may include, but are not limited to:• Employees who operate SCC fleet vehicles as required by their job function.
    • Employees designated to operate power equipment, heavy equipment, handle hazardous chemicals or substances, or employees’ involvement in activities that place themselves or others at increased risk as a result of their job function/duties.
11. Testing Procedures – A drug test by a scientifically acceptable method may be performed. A medical review officer will review the results of the drug test and determine if the result is positive or negative. Employees who violate this policy are subject to disciplinary action, up to and including termination. Refusal to submit to, efforts to tamper with, or failure to pass a drug test will result in dismissal.
12. When a supervisor or College official has a reasonable suspicion that an employee is under the influence of substances in violation of this policy, the supervisor or College official will arrange, if possible, for another supervisor or College official or College security officer to verify his/her reasonable suspicion.The supervisor or College official will immediately request permission of the Human Resources Department to arrange for the employee to undergo a substance test. If the Human Resources Department is not available, the supervisor or College official shall seek the permission from his/her unit vice president (or designee).The supervisor or College official will arrange for transportation of the employee to an approved facility. The employee will not be permitted to drive.After the examination takes place, the supervisor or College official shall arrange for the employee to be taken home unless the employee is admitted to the hospital. The employee will not be permitted to drive.All examinations shall be conducted in an approved laboratory identified by the College and in accordance with all provisions of the NC Controlled Substance Examination Regulation Act.

    An employee who refuses to submit to a test, adulterates or dilutes the specimen, substitutes the specimen with that from another person, sends an imposter, does not sign the required consent forms, or refuses to cooperate in the test process in such a way that prevents completion of the test shall be dismissed.

13. After receipt of a report confirming a positive test result from the testing laboratory, the College will inform an employee in writing of the positive test result and the consequences of the positive test result.An employee may request and receive from the College a copy of the test result report. Within the three working days after receiving notice of a confirmed positive test result, the employee may submit information to the College explaining the positive test result and the reason(s) why the result does not constitute a violation of the College’s Substance Abuse Policy.The employee may request that a retest be performed on the initial specimen by a NIDA-certified laboratory. The employee shall be responsible for all costs associated with conducting this retest.
14. All drug/alcohol examination information shall be maintained in separate files and shall not be included in the employee personnel file.The College shall not release this information except under circumstances defined in NCAC 20.0503.

Adopted: May 23, 1989

Reviewed: March 11, 2019