Policy for a Drug-Free Work Place
I. PURPOSE
The purpose of this policy, in accordance with Title 49, CFR, Part 29 and the Drug-Free Work Place Act of 1988, is to ensure that the Chesapeake Airport Authority (the Authority) provides all of its employees with a drug-free and alcohol-free work place, where the unlawful manufacture, distribution, dispensing, possession, use, or being under the influence of alcohol or a controlled substance (drug) is prohibited and to specify the actions that will be taken against employees and job applicants who violate this policy.
II. SCOPE
This policy applies to all employees of the Authority and to all applicants for employment by the Authority.
III. POLICY
It is the policy of the Authority to establish and maintain a safe work environment conducive to the efficient and effective conduct of the operation and maintenance of the Chesapeake Regional Airport (the Airport). Inherent to that safe work environment is a work place free of alcohol and illegal or controlled substances (drugs). The presence of illegal or controlled substances (drugs) or alcohol in the workplace and its influence on employees during working hours may adversely impact safety in the workplace; are often violations of the law; are inconsistent with the efficient and effective conduct of the Airport’s business; are prohibited; and will not be tolerated.
IV. IMPAIRMENT PROHIBITED
A. DEFINITION: “Impairment” means under the influence of a substance to the extent that the employee’s ability to safely perform his or her assigned duties is degraded because his or her motor senses (i.e. sight, hearing, balance, reaction, reflex) or judgment either are or may be reasonably presumed to be affected.
B. PROHIBITION: No employee may report for work or perform his or her assigned duties while impaired by any illegal or controlled substance (drug) or alcohol. When under the influence of an over-the counter or prescription drug, an employee must so advise his or her immediate supervisor prior to performing his or her assigned duties. No employee may report for work or perform his or her assigned duties under the influence of over-the counter or prescription drugs unless the employee’s supervisor has assessed and confirmed the employee’s ability to safely perform his or her assigned duties.
C. DISCIPLINARY ACTION: Any violation of this prohibition shall result in disciplinary action up to and including dismissal.
V. POSSESSION PROHIBITED
A. DEFINITIONS:
i. “Possess” or “Possession” means to have either in or on an employee, an employee’s personal effects, the motor vehicle that an employee uses, tools used by the employee, and areas substantially entrusted to the control of the employee such as an office, desk, files, lockers, cubicles, work shops, etc.
ii. “Authorized substances” include only (1) lawful over the counter drugs (excluding alcohol) in reasonable amounts, or (2) other lawful drugs prescribed for the employee by a physician, the possession of which the employee’s supervisor has been advised and approved in advance.
iii. “Authority Property” means any office, building, or property (including parking lots) owned and operated by the Authority or any other site at which an employee is to perform work for the Authority.
B. RIGHT TO SEARCH: The Authority reserves the right to search, without employee consent, all areas and property over which the Authority maintains full control or joint control with the employee. Such areas and property include, but are not limited to, motor vehicles, heavy equipment, tools, offices, desks, closets, storage rooms, file cabinets, lockers, cubicles, work shops and tool boxes. If necessary, a warrant shall be obtained to search areas or property over which the Authority has no control.
C. PROHIBITION: No employee, while working on any Authority Property, shall possess any quantity of any illegal drug. Additionally, no employee, while working on any Authority Property, shall possess any quantity of alcohol or any authorized substance which, in sufficient quantity, could result in impaired performance (unless authorized in writing by the Airport Manager or another properly authorized representative of the Authority).
D. DISCIPLINARY ACTION: Any violation of this prohibition shall result in disciplinary action up to and including dismissal. Possession of any quantity of any illegal drug shall result in dismissal.
VI. APPLICANT PROCESSING
Prior to being hired, each applicant for a job with the Authority shall be provided with a copy of the Authority’s Policy For A Drug-Free Work Place and shall certify that (1) he or she has read and understands the policy, (2) he or she is not currently using any illegal substance (drugs), (3) he or she has not used any illegal substance (drug) in the immediate past 12 months, and (4) he or she understands that any use of illegal drugs will result in termination. The form at Attachment A will be used for this certification. Any applicant who refuses to sign this certification shall not be hired, and any employee who is determined to have falsely certified regarding the use of an illegal substance (drug) shall be subject to disciplinary action up to and including dismissal.
VII. EMPLOYEE SUBSTANCE ABUSE SCREENING
A. CONDITIONS FOR SCREENING: Under certain conditions, the Authority may require an employee to take a drug screening test, at the Authority’s expense, providing a blood sample and/or a urine specimen to determine the employee’s level of alcohol, illegal drugs, and controlled substances. The Airport Manager may direct an employee to submit to the drug screening test when:
i. the employee is involved in a work-related accident resulting in bodily injury or property damage,
ii. the employee suffers a substantial period of non-productivity, tardiness, or absenteeism, or
iii. there is “reasonable” suspicion to believe that the employee is under the influence of alcohol or drug and cannot either safely or reasonable perform his or her assigned duties. Reasonable suspicion may be determined when the employee:
1. is directly observed to be using or in the possession of drugs or alcohol,
2. appears confused or uncoordinated,
3. exhibits marked personality changes or shows obvious irrational behavior,
4. exhibits abnormal conduct or erratic behavior, or
5. exhibits breath with the smell of alcohol obviously present.
B. SCREENING PROCEDURES: Substance abuse procedures have been adopted and will be maintained subject to compliance with federal, state, and local laws. The following procedures are applicable to all employees.
i. Substance abuse screening shall consist of testing of blood, urine, breath, saliva, or otherwise as reasonably deemed necessary to determine possession or impairment. The employee may also be asked to complete a substance abuse questionnaire.
ii. The employee shall be informed in writing that the Authority requires that substance abuse screening be performed. See Attachment B.
iii. Any employee who refuses to provide the required testing sample or specimen shall be deemed to have committed an act of insubordination and shall be subject to disciplinary action up to and including dismissal.
iv. The laboratory conducting the test will confirm all positive tests by a second and different test with a greater specificity than the initial test. The second test will confirm the positive test result using blood or urine from the initial sample. A second sample shall not be collected unless it has been determined by competent authority that the initial sample has been contaminated.
v. Test results shall be provided by the laboratory only to the Airport Manager. Employee inquiries to the laboratory regarding test results shall be referred to the Airport Manager. The confidentiality of the information contained on the test results form or as disclosed between the laboratory and the Airport Manager will be maintained in accordance with applicable law. The employee shall be informed of the test results within 72 hours of providing a specimen/sample.
VIII. EMPLOYEE ASSISTANCE PROGRAM
Any employee who tests positive under the substance abuse screening program shall be referred to an Employee Assistance Program (EAP) to aid the employee with respect to his or her substance abuse. The employee must realize, however, that disciplinary action up to and including dismissal may be taken to protect the health and safety of the employee and his or her co-workers, to protect the assets of the Authority, and to protect the best interests of the Authority. The telephone number of the EAP is 398-2374.
IX. NOTICE OF CONVICTION
A. Any employee who is convicted of any criminal drug statute for a violation occurring on Authority Property is required to notify the Authority within five (5) days of any such conviction.
B. Any employee convicted of such violations shall be required to undergo drug rehabilitation, enroll in a drug abuse assistance program, and shall be subject to disciplinary action up to and including dismissal.