Delta State University Policies

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Drug and Alcohol Testing

POLICY STATEMENT

Delta State University is committed to protecting the safety, health, and well-being of its employees, students, and all people who come into contact with its property and facilities. Recognizing that drug and alcohol abuse poses a direct and substantial threat to this goal, the University reserves the right to test potential employees and/or current employees for alcohol and/or controlled substances pursuant to this policy.

Delta State University implements this drug and alcohol policy and conducts a testing program pursuant to Mississippi Code Ann. § 71-7-1, et seq., entitled “Drug and Alcohol Testing of Employees” (the Act), and you are hereby advised of the existence of said Act.

DEFINITIONS

Alcohol: the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl or isopropyl alcohol.

Confirmed Test: a drug and alcohol test on specimen to substantiate the results of a prior drug and alcohol test on the specimen.

Controlled Substance: refers to any drug or substance whose use is legally prohibited including, but not limited to, marijuana (THC), cocaine, opiates, phencyclidine (PCP), amphetamines (including methamphetamines) and any other drugs and substances set forth in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C 812) and Schedules I through V of Miss. Code Ann. § 41-29-113 through §41-29-121.

Drug and Alcohol Test: a chemical test administered for the purpose of determining the presence or absence of a drug or alcohol or their metabolites in a person’s bodily fluids.

Employee: any faculty, staff, hourly, student employee, contract or at-will employee.

Illegal Drug: any substance, other than alcohol, having psychological and/or physiological effects on a human being and that is not prescription or non-prescription medication, including controlled dangerous substances and controlled substance analogs or volatile substances which produce the psychological and/or physiological effects of a controlled dangerous substance through deliberate introduction into the body.

Initial Test: an initial drug test to determine the presence or absence or drugs or their metabolites in specimens.

Prescription Drug: a drug prescribed for use by a duly licensed physician, dentist or other medical practitioner licensed to issue prescriptions.

Non-Prescription Drugs: a drug that is authorized pursuant to federal or state laws for general distribution and use without a prescription in the treatment of human diseases, ailments or injuries.

Specimen: a tissue or product of the human body chemically capable of revealing the presence of drugs in the human body.

Under the Influence: any substance that impairs behavior or ability to work safely and productively; results in a physical or mental condition that creates a risk to one’s own safety, the safety of others, or University property; or is shown to be present in one’s body, by laboratory evidence, in more than an identifiable trace.

University Premises: includes any Delta State University buildings, structures, grounds, parking lots, which are in whole or part owned, used or occupied by the University for the benefit of the University, and university-provided vehicles.

Workplace: any University premise or other location where an employee is engaged in University business.

PROCEDURES and RESPONSIBILITIES

The University shall follow the guidelines and procedures for its testing and confirmation testing as established by the Mississippi State Board of Health Drug and Alcohol Testing Regulations, revised on October 2012, or as amended thereafter. A copy is available for inspection in the Department of Human Resources.

To maintain a drug-free workplace, the University reserves the right to test any university employee or job applicant for drugs and/or alcohol when (1) there is a reasonable suspicion that the employee may be under the influence of drugs and/or alcohol while working, (2) a job applicant as a condition of the employment application, (3) the employee is in a position within a department or unit that is required by federal or state regulations to conduct drug screenings, (4) the employee’s primary job responsibilities include association with minors, (5) the employee has been offered a position that operates machinery or drives vehicles, (6) the employee is involved in an accident using a university owned, assigned or leased vehicle, machinery, and/or equipment or personally owned vehicles while conducting university business that result in an injury to themselves or another, regardless of whether or not the university employee was at fault in the accident, (7) the employee has been referred to a drug and alcohol abuse rehabilitation program, or (8) the employee has a previous positive confirmed test while employed.

The University may test for the following prohibited substances: marijuana, cocaine, opiates, amphetamines, phencyclidine, alcohol or other controlled substances set forth in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C 812) and Schedules I through V of Miss. Code Ann. § 41-29-113 through §41-29-121.

Controlled Substance and Alcohol Employee Testing:

Reasonable Suspicion

Reasonable suspicion testing is based on a reasonable belief that an employee is using or has used drugs or alcohol in violation of this policy drawn from specific facts and reasonable inferences and may be based upon the following:

Observable phenomena, such as direct observation of drug and alcohol use and/or the physical symptoms or manifestations of being under the influence of a drug or alcohol while on University premises;
Abnormal conduct or erratic behavior while at work, absenteeism, tardiness or deterioration in work performance;
A report of drug use provided by reliable and credible sources and which has been independently corroborated;
Evidence that an individual has tapered with a drug and alcohol test during employment with the University;
Information that an employee has caused or contributed to an accident while on or using University property; and
Evidence that an employee is involved in the use, possession, sale, solicitation or transfer of drugs while working or while on the University premises or operating a University vehicle, machinery, or equipment.

All employees of the University may be subject to reasonable suspicion drug and alcohol testing. Prior to any drug or alcohol testing for reasonable suspicion, the employee’s supervisor must coordinate with the Department of Human Resources and should notify the Department of Human Resources of the need for the testing. When reasonable suspicion exists, the individual who made the observations should submit a written record to the Department of Human Resources documenting the basis for the suspicion. A Reasonable Suspicion Record Form can be found on the Department of Human Resources website. If the observed behavior occurs during a shift when the Department of Human Resources is closed, the employee is to be taken to Delta State University’s authorized specimen collection facility for testing at that time. The Department of Human Resources is to be notified as soon as the office reopens. The Director of Human Resources, or a designated representative, will review the individual circumstances with the employee’s department head and recommend appropriate action.

Pre-Employment

Prior to beginning work in positions within the Police Department, Facilities Management, Child Development Center, Admissions, School of Nursing and other designated departments or units, employees will be tested for drugs and/or alcohol. New employee offers are contingent upon completion of drug and/or alcohol tests with results revealing the absence of drug use. Hiring departments will coordinate with the Department of Human Resources to schedule required tests. Any potential employee who refuses to submit to a test or tests positive for drugs and/or alcohol will not be hired. The offer of employment will be withdrawn unless documentation is provided by the employee to the Director of Human Resources and approved by the University’s designated Medical Review Officer justifying the presence of the drug and/or alcohol.

Federal or State Law Regulations or Requirements

The University may perform alcohol and/or drug tests on any employees whose job responsibilities and/or positions require compliance with alcohol and/or drug testing, such as but not limited to employees with commercial driver’s licenses and those working in sensitive positions on federal grants and/or contract. Similarly, employees performing public safety duties or primary job responsibilities include association with minors may be subject to drug and alcohol testing procedures. This testing may include, but is not limited to pre-employment testing, post-accident testing, return-to-duty testing, random or follow-up testing.

Motor Vehicle Drivers and Vehicular Accident

Employees who operate university vehicles with a commercial driver’s license are subject to the United States Department of Transportation and/or Mississippi Department of Transportation regulations. These employees are subject to drug and alcohol testing in compliance with the Omnibus Transportation Employee Testing Act of 1991. Testing will be conducted pre-employment, randomly, if there is a reasonable suspicion, and post-accident if driving a University vehicle.

Employees involved in an accident using a university owned, assigned or leased vehicle, machinery, and/or equipment or personally owned vehicles while conducting university business that result in an injury to themselves or another are also subject to drug and/or alcohol testing.

Employees should notify their supervisors of any vehicular accident as soon as possible and supervisors should notify the Department of Human Resources immediately when an employee in their department has been involved in a vehicle accident. Post-accident alcohol tests should be conducted within two hours following the vehicle accident. Drug tests should be conducted within 32 hours following the vehicle accident. Failure to report vehicular accidents in a timely manner may result in disciplinary action, up to and including discharge.

Individuals who test positive, or who refuse to submit to testing when required, will be prohibited from driving a university vehicle and/or operating university equipment and will be subject to other disciplinary action, up to and including, termination of employment.

Previous Positive Confirmed Drug and Alcohol Test

The University may require an employee to submit to a drug and/or alcohol test for one year after a previous positive confirm drug and/or alcohol test. Individuals who refuse to submit to testing when required, will be subject to other disciplinary action, up to and including, termination of employment.

Drug and/or Alcohol Abuse Rehabilitation Program

The University may require the employee to submit to testing without notice during the treatment period and as a follow-up to such rehabilitation. Individuals who test positive, or who refuse to submit to testing when required, will be subject to other disciplinary action, up to and including, termination of employment.

Prescriptions/Non-Prescription Drugs

Employees shall report to their supervisor, or to the Department of Human Resources, any use of a prescription or non-prescription medication that could adversely affect their job performance. It is each employee’s responsibility to check with a physician regarding whether any medication may adversely affect performance. Any such information will be kept confidential and shared with appropriate Delta State University personnel only on a need-to-know basis. Employees working in the Police Department, Facilities Management, Child Development Center, Admissions, School of Nursing, and other safety-security sensitive positions may be transferred or placed on leave in accordance with University leave provisions for so long as the employee may be adversely affected by a medication.

An employee or job applicant to be tested shall be given (1) a medication disclosure form to permit the employee or job applicant to disclose any non-prescription or prescription medications that have been taken within forty-five (45) days prior to being tested, and (2) a statement that the form shall be submitted directly to the employer’s designated Medical Review Officer, ensuring that no person or entity has access to the information disclosed on the form other than the Medical Review Officer.

Consequences

Applicants who refuse to cooperate in a drug test or who receive a confirmed positive drug test will not be hired and will not be allowed to reapply/retest in the future.

Employees who use an illegal drug in violation of this policy may be disciplined and/or terminated. If an employee refuses to submit to a drug and/or alcohol test pursuant to this policy, the University will take appropriate corrective or disciplinary actions, up to and including termination.

An employee who tests positive with respect to an unlawful drug or alcohol may be temporarily suspended or transferred to another position. Once the test is confirmed according to the Act, the University may take appropriate corrective or disciplinary action, up to and including termination. An employee who receives a positive confirmed drug or alcohol test result may contest the accuracy of that result or explain it. The initial and confirmation tests will be at the University’s expense, but any additional costs for testing will be borne by the employee.

If the University determines that discipline or discharge is not necessary or appropriate following a positive confirmed test result, information on opportunities for assessment and rehabilitation will be made available to the employee.

Confidentiality

All information, interviews, reports, statements, memoranda and test results, written or otherwise, received by the University through its drug and alcohol testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in accordance with the Act and these regulations. Any information obtained by the University pursuant to the Act and these regulations shall be the property of the employer. The University shall not release to any person other than the employee or job applicant, or employer medical, supervisory or other personnel, as designated by the University on a need to know basis, information related to drug and alcohol test results unless: (a) The employee or job applicant has expressly, in writing, granted permission for the University to release such information; (b) it is necessary to introduce a positive confirmed test result into an arbitration proceeding pursuant an administrative hearing under applicable state or local law, or a judicial proceeding, provided that information is relevant to the hearing or proceeding, or the information must be disclosed to a federal or state agency or other unit of the state or United States government as required under law, regulation or order, or in accordance with compliance requirements of a state or federal government contract, or disclosed to a drug abuse rehabilitation program for the purpose of evaluation or treatment of an employee; (c) there is a risk to public health or safety that can be minimized or prevented by the release of such information; provided, however, that unless such risk is immediate, a court order permitting the release shall be obtained prior to the release of the information.

The confidentiality provisions provided for by the Act shall not apply to other parts of an employee’s or job applicant’s personnel or medical files. If an employee refuses to sign a written consent form for release of information to persons as permitted in the Act, the University shall not be barred from discharging or disciplining the employee.

Information and records relating to positive test results, drug and alcohol dependencies, and legitimate medical explanations provided to the Medical Review Officer should be kept confidential to the extent required by law and maintained in secure files separate from normal personnel files. Such records and information may be disclosed among managers and 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

Delta State University reserves the right to inspect the workplace for alcohol, controlled substances, illegal drugs or paraphernalia relating to alcohol, controlled substances or illegal drugs and to question any employee when it reasonably suspects that this policy or any procedure under this policy has been violated. Employees who possess drugs, alcohol, paraphernalia, or other contraband or refuse to cooperate in such inspections are subject to appropriate discipline, up to and including discharge.

The Responsible Office and/or the Policy Owner: Office of Human Resources