To facilitate the maintenance of an alcohol and drug free workplace and establish the parameters of CWI’s drug and alcohol testing program.
Applies to all employees of CWI.
ILLEGAL SUBSTANCE: any drug, substance or immediate precursor as listed in Schedules I through V of Section 202 of the Controlled Substances Act, 21 U.S.C. § 812, as now exists or may be later amended or updated, including but not limited to amphetamines (including methamphetamines), barbiturates, opiates (including heroin, morphine and codeine), marijuana, THC, cocaine, hallucinogens and phencyclidine (PCP). For purposes of this policy, the term “Illegal Substance” does not include prescription drugs which are properly possessed and/or taken under the supervision of a licensed health care professional.
REASONABLE SUSPICION: circumstances related to an employee’s conduct, appearance, or behavior which, when taken as a whole, afford a reasonable basis to believe that an employee is under the influence of a controlled substance or alcohol or that he or she has otherwise violated the provisions of this policy. Circumstances which could give rise to a finding of reasonable suspicion include but are not limited to:
MEDICAL REVIEW OFFICER: a licensed M.D. or D.O. with knowledge of drugs, testing methods and drug abuse disorders. CWI will utilize the services of a Medical Review Officer (MRO) to interpret, evaluate and monitor its drug testing program. The primary responsibility of the MRO is to review and interpret positive test results obtained through CWI’s drug testing program. Before a test is considered to be verified positive, the MRO must review confirmed positive test results and determine whether a legitimate alternative medical explanation could account for the positive results. As part of the review, the MRO or his/her designee may interview the affected employee, in person or by telephone. The MRO will then make the determination as to whether a test is a verified positive drug test and report his/her determination directly to CWI’s Executive Director of Human Resources.
CWI has a strong commitment to provide a safe, efficient, and productive environment for both its employees and its students. In keeping with this commitment, CWI has a strict policy of maintaining an alcohol and drug free workplace which requires that all employees report to work fit to perform their jobs and prohibits the use, possession or being under the influence of alcohol or illegal drugs during working hours, on CWI property, or while on CWI business at any time. In furtherance of this policy, CWI has adopted the following guidelines for the purpose of maintaining an alcohol and drug free workplace and establishing the parameters of CWI’s drug and alcohol testing program.
The following are strictly prohibited and may subject any employee who is found to have committed any such violation to corrective action, up to and including termination for misconduct:
Off the job illegal drug use or an employee’s conviction of a charge of illegal sale, use or possession of any illegal substance while off-duty will also be considered a serious breach of the intent of this policy. Such incidents will be treated similarly to substance abuse on CWI’s premises. Employees must notify CWI of any criminal drug statute conviction within five (5) days after the conviction. Similarly, employees who must maintain a valid driver’s license to perform their job must notify CWI of any citation or conviction for any traffic offense involving alcohol or drugs, whether on the job or off duty, within five (5) days of the citation or conviction. Failure to do so may result in corrective action up to and including termination. For purposes of this policy, “conviction” means a plea or finding of guilt or the imposition of a withheld judgment by any applicable judicial body.
Employees must report to CWI’s Executive Director of Human Resources their use of prescription drugs if the use of the prescription drug may adversely affect their ability to perform their job or pose a significant risk of harm to the employee or others. It is the employee’s responsibility to determine, in consultation with his or her physician, whether the use of the prescription drug may adversely affect his/her ability to perform his/her job or pose a significant risk of harm to the employee or others. Employees taking over-the-counter medications which could impact judgment or job performance may also be compromising their fitness for duty. Instructions provided by the manufacturer for such medications should be strictly followed.
In furtherance of this policy, CWI has adopted the following guidelines regarding alcohol and drug testing (“substance test”):
On occasion, employees may entertain persons during work hours or after work hours as representatives of CWI. For example, these occasions may include dinners and business conferences. On any such occasion, only the moderate and limited use of alcoholic beverages is acceptable. In addition, with the express approval of CWI’s President, alcohol occasionally may be served at social events sponsored by CWI. Only the moderate and limited use of alcohol is acceptable at CWI-sponsored social events, and employees are expected to always conduct themselves in a responsible and professional manner.
It is a condition of employment that employees abide by CWI’s policies regarding illegal substances and alcohol in the workplace. The failure to do so may result in corrective action up to and including termination for misconduct.
CWI reserves the right to suspend the employment of any employee during the pendency of a substance test. Unless otherwise required by law, any such suspension shall be without pay. However, if the test is confirmed to be negative, CWI will reinstate the employee and will reimburse the employee for any lost wages during the period of the suspension.
Upon receipt of a verified or confirmed positive substance test result which indicates a violation of this policy, or upon refusal of an employee to submit to a substance test, CWI may, at its sole discretion and without limitation, use the test result or refusal as the basis for corrective or rehabilitative action, which may include one or more of the following:
Requests for substance testing, test results, and communications surrounding the investigation of substance abuse or received by CWI through its substance testing program will be treated as confidential; access to any such information will be limited to those persons who have a legitimate need to know.
CWI strongly encourages employees who believe they have an alcohol or drug dependency or a problem with alcohol or drugs to voluntarily seek treatment and/or rehabilitation, before it is discovered through a violation of this policy. Employees should contact CWI’s Human Resources Department for information as to what assistance may be available for this purpose. All inquiries of this nature will be treated as confidential and only those persons with a legitimate need to know will be made aware of any such inquiry. Employees should be advised, however, that voluntarily disclosing an alcohol or drug dependency or a problem with alcohol or drugs or seeking assistance for any such dependency or problems does not relieve the employee from job expectation requirements or preclude CWI from taking corrective action for any violation of this policy.