Ohio Admin. Code 3358:11-5-12 - Drug-free workplace and alcohol prevention policy

(A) Purpose. Pursuant to the Drug-free Workplace Act of 1988, Owens community college supports and maintains is a drug-free workplace environment to provide for the health and safety of students, employees and visitors. This rule prohibits the Accordingly, unlawful activities are prohibited, which include but are not limited to: the possession, use, manufacture, distribution, and/or dispensation, possession or use of a drug, intoxicant, or of a controlled substance; inappropriate use of a prescription drug, cannabis, or alcohol on college college-owned or college-controlled property premises or while conducting college business; unauthorized use of alcohol by college employees on college premises or in college vehicles on or off campus; and working under the influence of alcohol or while using controlled substances. The consumption of alcohol at events when the College has authorized such use is permitted; such consumption at events must be approved by the College and comply with State regulations and laws, including compliance with the legal drinking age.

(B) Application.

(1) This rule and the terms of college or campus applies to all campuses, any location where college activity takes place, and property owned, leased, operated or controlled by the college and includes as well as any college vehicles and buses owned, leased or operated by the college.

(2) This rule applies to all faculty, staff, and student employees and as well as contractors.

(3) This rule applies while working or participating in any college-related activity.

(4) Controlled substances include but are not limited to:

(a) Any chemical compound added to federal or state regulations and denoted as a controlled substance in the future;

(b) Cannabis, such as marijuana and hashish;

(c) Depressants, such as chloral hydrate, barbiturates, benzodiazepines and methaqualone;

(d) Hallucinogens, such as LSD, mescaline, PCP, peyote, psilocybin, Ecstasy and MDMA;

(e) Narcotics, such as propoxyphene, opium, heroin, morphine and synthetic substitutes;

(f) Stimulants, such as cocaine (and any derivatives) and amphetamines;

(C) Compliance. Compliance with the provisions of this rule shall be a condition of employment at Owens community college. If any employee of the college engages in any activities prohibited by this rule, that employee will be subject to disciplinary action by the college which may include termination of employment, and/or referral for prosecution.

(D) Corrective action. Corrective action for a policy violaton may include disciplinary action up to and including termination.Discipline. As referenced in the procedures for rule 3358:11-5-52 of the Administrative Code (standards of conduct and disciplinary procedures), conduct involving prohibited activities shall be subject to disciplinary or remedial action.

(E) Notification. Federal law requires that employees notify the college of any criminal drug statute conviction involving a violation occurring at the workplace or in the course of employment within five calendar days after such conviction. Such notice should be given in writing to the vice president of administration. This notice requirement is a condition of employment. The college, in turn, is required by law to relay said information to the appropriate federal authorities.

Upon notification of any criminal drug statute conviction for a violation occurring at the workplace or in the course of employment, the college, within thirty calendar days of such notification, is required by federal law to either:

(1) Take appropriate disciplinary action against such employee, which may include termination of employment; or

(2) Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency.

(a) The details of the selected method of treatment or any related medical condition will be kept confidential and maintained in a separate medical file apart from the employee's regular personnel file.

(b) As a condition of returning to work, the employee must present a release from the physician or medical provider stating, that the employee is fit to return either with a restriction (including detailed restriction(s) and length of time in place) or without restriction including the date of return. An employee attempting to return to work without the required documentation will be sent home.

(F) Drug and alcohol abuse prevention program resources. Owens provides drug and alcohol abuse prevention program resources regarding the use of drugs or alcohol and the dangers associated with such use.

(1) The employee assistance program provides referrals to off-campus, community-based rehabilitation and drug counseling programs.

(2) Drug awareness and alcohol prevention information may be made available to employees.

(G) The chief student affairs officer or designee will initiate a biennial review of the drug and alcohol prevention program to determine the effectiveness of the drug and alcohol abuse prevention program.

(H) Implementation. The vice president of administration human resources will implement the provisions of this rule.

Notes

Ohio Admin. Code 3358:11-5-12

Effective: 4/19/2024
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 03/07/2002, 08/13/2016, 02/17/2018, 02/12/2021