Notification of Drug Statute Violations
Employees must, as a condition of employment, abide by the terms of the policy and these procedures. By law, any convictions under a criminal drug statute for violations occurring in the workplace must be reported within five days to the employer. A conviction includes a plea of guilty or no contest.
The Director of Human Resources and the Vice-President for Finance and Administration must immediately be notified
of any such convictions. The Vice-President for Finance and Administration notifies the granting agency within ten days after receiving notice.
Drug Awareness Program
UCAR's drug awareness program informs employees about the dangers of chemical dependency. Information is available on substance and alcohol abuse. The Human Resources Department advises staff as to the availability of substance abuse counseling, supervisory training, rehabilitation, and group health insurance coverage for drug dependency treatments. Any questions about chemical dependency should be directed to the Human Resources Department or to the Employee Assistance Program.
Disciplinary Process
All employees are subject to the following disciplinary process, if found to be in violation of any part(s) of this policy:
A Any employee who pleads guilty or no contest to possessing or using a controlled substance in the workplace is suspended for a minimum of five working days without pay (as required by the Drug-Free Workplace Act) for the first offense and required to seek and obtain rehabilitative counseling and/or treatment for controlled substance dependency.
The second such offense occurring any time during the employee's tenure with UCAR results in immediate termination.
B Any employee who is convicted or who pleads guilty or no contest to the unlawful manufacture, distribution, or dispensation of a controlled substance in the workplace is terminated immediately for gross misconduct.
C
Any employee who is judged to be impaired while performing UCAR duties due to the consumption or use of illegal or unauthorized drugs is terminated immediately for gross misconduct.
Definitions
Controlled Substances
These are typically considered to be marijuana, cocaine, heroin, and morphine as well as other barbiturates and amphetamines. A The drug or other substance has a high potential for abuse.
B The drug or other substance has no currently accepted medical use in treatment in the United States.
C
There is a lack of accepted safety for use of the drug or other substance under medical supervision.
Unauthorized Drugs
Controlled substances which include marijuana, cocaine, amphetamines, PCP and opiates; other substances which may impair performance and/or use of which on or off the job is not required by any legitimate medical reason.
Responsibilities
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The Director of Human Resources is responsible for 1) developing and/or coordinating the drug awareness program and associated supervisory training, 2) ensuring compliance with Federal requirements under the Drug-Free workplace Act of 1988, and 3) notifying the appropriate member of the President's Council and the Vice President for Finance and Administration of relevant drug convictions.
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Employees and/or supervisors are responsible for notifying their Division or Program Director within five days of any convictions under a criminal drug statute for violations occurring in the workplace and of instances in which an employee is believed drug-impaired while performing UCAR duties.
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Supervisors are responsible for notifying the UCAR/UCP Program Director or NCAR Associate Director of employee convictions under a criminal drug statute, if such facts become known, and of instances in which an employee is believed drug-impaired while performing UCAR duties.
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UCAR/UCP Program or NCAR Associate Directors are responsible for notifying the Director of Human Resources of relevant drug convictions.
See Also:
Alcohol and Drug Effects Information/Appendix to UCAR'S Drug and Alcohol Testing Procedures |
