IS-2098 Drug-free Workplace

Central New Mexico Community College (CNM) wishes to promote the health, safety, and welfare of its employees by striving to eliminate substance abuse from the workplace, and to assist those employees who have a drug or alcohol-related problem with rehabilitation. IS 2098 defines prohibited conduct relating to drug and alcohol abuse by employees and provides guidelines for taking steps toward rehabilitation and positive performance. While on CNM campus or property the unlawful consumption, possession, manufacturing, distribution, selling, or serving of alcoholic beverages and controlled substances is prohibited.

Additionally, CNM complies with the Drug-free Workplace Act of 1988, which stipulates that the College agrees to undertake certain steps designed to provide a drug-free workplace as a condition of receiving grants from federal agencies.

Students should refer to the student Code of Conduct for the College's drug policy statement for students.

If there is any conflict between this directive and existing Collective Bargaining Agreements, the terms of the applicable Collective Bargaining Agreement will control.

1. Prohibited Conduct

Drug and alcohol use has an adverse effect on job performance, and creates dangerous situations, Therefore: 

1.1 CNM prohibits the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the workplace or while on duty. 

1.2 CNM prohibits the consumption of alcoholic beverages and the illegal use of alcohol by employees in the workplace or while on duty. 

1.3 Employees shall not report to work under the influence of alcohol, controlled substances, or any other intoxicants. 

1.4 Employees shall not bring or store any open containers of alcoholic beverages on any College property or work site or in the employee's vehicle while the vehicle is on College property. 

1.5 Substance and alcohol use is prohibited in all CNM facilities, on all CNM property, and in any CNM-owned vehicle. 

1.6 As a condition of employment, all employees must abide by this policy and may be subject to disciplinary action up to and including termination.

2. Drug Testing

CNM employees, and prospective employees, are required to submit to drug and alcohol testing in the following situations: 

• Pre-employment testing (safety-sensitive and DOT regulated positions only) 

• Post-accident testing (all employees) 
• Random testing (safety sensitive and DOT regulated positions only) 
• Reasonable suspicion testing (all employees) 

Failure to cooperate with any of the required testing procedures cited above, or detailed below, will result in termination of employment with the College. 

In order to protect the rights of both the employees and the College, CNM will obtain the services of a third party administrator (TPA) to manage the random selection process, take samples and administer alcohol and drug testing. Such administrator shall be qualified in accordance with industry standards for such business.  If a positive result is received, a medical officer shall make the determination as to whether the result is due to an illegal substance. 

2.1 Pre-Employment Testing (controlled substance only) 

2.1.1   Applicants selected for hire in safety-sensitive and DOT regulated positions are required to submit to a drug test as a condition of employment. A position is classified by Human Resources as safety-sensitive to assure a safe working environment based on the safety considerations inherent in the job.

2.2 Post -Accident Testing (all employees) 

2.2.1 An employee driving a CNM vehicle who is involved in an accident resulting in an injury, fatality, or damage to property is subject to alcohol and drug testing. 

2.3 Random Testing (safety-sensitive positions and DOT regulated instructors and students only) 

2.3.1 Random testing of employees in safety-sensitive positions for controlled substances will be conducted in accordance with the Collective Bargaining Agreements governing those positions, and this administrative directive. 

2.3.2 Random testing of instructors and eligible student drivers holding a Commercial Driver's License is conducted in compliance with the Department of Transportation (DOT) Regulations. 

2.4 Reasonable Suspicion Testing (all employees) 

2.4.1 The College, at its sole discretion, may administer drug/alcohol testing when there is reasonable suspicion that an employee is in possession of, consuming, or under the influence of drugs and/or alcohol.  A referral for testing will be based on contemporaneous, articulable observations of the employee's actions, appearance, behavior, speech, or body odor. 

3. Prescription Drugs

In the event that an employee is taking physician-prescribed medication that has potential side effects that could affect the ability to perform the essential functions of the job or work safely, the employee may be required to provide an appropriate physician’s statement that confirms the fact of the prescription and details the side effects of the medication. 

4. Employee Assistance Program

Recognizing that employees with alcohol or drug-related problems require professional help, CNM provides an Employee Assistance Program for any employee or family member who wants to seek confidential counseling. 

4.1 Employees are encouraged to voluntarily seek assistance before drug or alcohol-related performance problems result in disciplinary action.  

4.2 The Employee Assistance Program (EAP) is a prepaid benefit that helps employees manage concerns that may adversely affect their job performance.  The EAP provides education, encouragement, and assistance, as well as referral services for assessment, continued counseling, and rehabilitation. See IS-2030 Employee Assistance Program for more information. 

4.3 Employees may c obtain the current EAP provider's phone number from the CNM Benefits SharePoint website and may then contact EAP directly.

5. Supervisory Referral to EAP

Supervisors are not called upon to diagnose the reasons behind inappropriate behavior or performance.  Supervisors who are concerned that an employee’s performance and/or inappropriate behavior are the result of illegal use of drugs or alcohol are encouraged to consult with their Human Resources Representative regarding contacting the EAP provider. 

5.1 If it is determined that the employee should be referred to EAP, the supervisor fills out a Supervisor Referral Form and forwards it to Human Resources.  Human Resources then facilitates the employee's entrance into the EAP program. 

5.2 If it is determined that the employee needs emergency EAP assistance (for example, the employee is expressing suicidal ideations or is unable to function), the supervisor should contact the Human Resources Department immediately during normal business hours. 

5.2.1 Emergencies occurring after hours should be referred to the Security Department at (505) 224-3002. 

5.3 Under no circumstances should a supervisor send an impaired employee home in the employee's own car.  A   friend or family member should be contacted to pick up the impaired employee. In some cases, CNM Security may transport an impaired employee to their home.

6. Community Resources

In addition to EAP, these community resources are available to employees who may need assistance with a drug or alcohol-related problem: 

AGORA, UNM Crisis Center	(505) 277-3013
Al-Anon Information Service	(505) 262-2177
Alcoholics Anonymous	(505) 266-1900
Substance Abuse and Mental Health Helpline	(800) 662-HELP (4357)
Rio Grande Narcotics Anonymous	(800) 925-4186
Rape Crisis Center	(505) 266-7711
UNM Center for Alcoholism, Substance Abuse and Addictions (CASAA)	(505) 7925-2300
UNM Mental Health Center Psychiatric Crisis Unit National Suicide Awareness Hotline	(505) 272-2920 or (505) 272-2800 (Switchboard) (505) 273-8255

7. Grant-funded Positions

CNM complies with the Drug-free Workplace Act of 1988, which stipulates that the College agrees to undertake certain steps designed to provide a drug-free workplace as a condition of receiving grants from federal agencies. 

7.1 As a condition of employment for employees funded by grants, the employee must 

• Abide by the terms of this policy; 
• Notify the immediate supervisor of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after that conviction. 

7.2 The division leader or designee must notify the federal funding agency within 10 days after receiving notice of an employee's conviction. 

8. ADA Considerations

A person who is an alcoholic is considered an individual with a disability for purposes of the Americans with Disabilities Act (ADA). Refer to The Source IS-2097, ADA for more information. 

8.1 Under the ADA, CNM may make reasonable accommodations for an employee who can perform the essential functions of the job. For example, the employee's work schedule may be adjusted so the employee can attend alcohol rehabilitation counseling sessions. 

8.2 The ADA does not restrict CNM from holding an employee who is an alcoholic to the same qualification standards for employment or job performance and behavior as other employees. 

8.3 An employee who is addicted to a legally prescribed drug may be considered an individual with a disability.  However, an individual who is currently using illegal drugs does not qualify for the same ADA-protected status. 

9. DOT Considerations

In compliance with Department of Transportation (DOT) regulations, instructors and eligible student drivers holding a Commercial Driver's License (CDL) are randomly tested throughout the year for controlled substance and alcohol use. 

9.1 Student drivers who are eligible for random selection drug-testing are those who have completed TRDR 1120 (basic) and are entering TRDR1220 (intermediate) and TRDR1392 (advanced). 

9.2 The random selection and testing processes are administered by a Third Party Administrator which ensures that all holders of a CDL, students and instructors, have an equal chance of being selected. 

9.3 All applicants for commercial motor vehicle driving employment or studies are subject to pre- employment or pre-enrollment drug testing in accordance with DOT regulations. 

9.4 For questions and/or further information regarding DOT alcohol and controlled substance regulations contact: 

• Truck Driving Program instructors 
• the Transportation academic advisor 
• the Human Resources Department 

10. Confidentiality

When an employee receives professional rehabilitative treatment for drug or alcohol abuse, information regarding such treatment will be kept confidential and will not be released without the written consent of the employee. 

10.1 The professional providing treatment is legally compelled to release information if the individual being treated is a danger to self or others, if child abuse is involved, or if a court order exists. 

10.2 Confidentiality applies to both self-referrals and supervisory referrals. 

11. Reporting to Authorities

CNM supports the laws of the city, state and federal government regarding the use, sale or possession of controlled substances or alcohol. 

11.1 Where available evidence warrants, the Security Department, in conjunction with the Human Resources Department, may bring matters of illegal drug or alcohol use to the attention of appropriate law enforcement authorities.  This decision is made with the approval of the appropriate division leader  

11.2 Supervisors and other employees are encouraged to contact the Security Department to report apparent or suspected violations of the law. 

12. Disciplinary Action

Violations of this administrative directive may lead to disciplinary action, up to and including termination.  Such action may require that the employee participate in a drug or alcohol rehabilitation program.  Supervisors are encouraged to confer with the appropriate Human Resources Representative when pursuing disciplinary action. 

13. Definitions

Controlled Substances	Controlled substances include, but are not limited to, marijuana, cocaine, amphetamines, opiates, PCP, fentanyl, and hallucinogens, as well as legal drugs that are obtained, distributed or used illegally.
Eligible Student Drivers	Eligible student drivers are those who have completed TRDR 101 (classroom) and are entering TRDR102L (range driving) and TRDR103L (over the road).
Illegal Use of Alcohol	Illegal use of alcohol includes, but is not limited to, serving, buying or drinking alcohol by a minor, assisting a minor or an intoxicated person to get alcohol, selling alcohol without a license, and driving while under the influence of alcohol in violation of state law.
On Duty	For the purpose of this policy, "on duty" includes meal periods, breaks, and any time that the employee is performing mandatory, job-related duties.
Reasonable Accommodations	Adjustments, within reason, which enable a qualified employee or applicant with a disability to perform the essential functions of the job.  What is considered a reasonable accommodation in a particular situation depends on the circumstances.
Reasonable Suspicion	Specific, observations or facts of an employee's actions, appearance, behavior, speech or body odor that would lead a reasonable person to believe that the employees is under the influence of alcohol or drugs while on duty.
Safety-Sensitive Position	A position classified by the Human Resources Department as safety-sensitive based on safety considerations inherent in certain jobs to assure a safe working environment.
Third Party Administrator	An outside agency hired to provide administrative and operational services.

Forms

• Supervisor Referral Form

Support Materials

• IS-2030, Employee Assistance Program 
• IS-2062, Disciplinary Action
• IS-1402, Assistance from Security

Reference Materials

• Drug-free Workplace Act of 1988
• Governing Board Guide and Policy Manual, Section 8.8 Alcohol and Controlled Substances
• Employee Handbook 12.02, Alcohol and Controlled Substances 
• Collective Bargaining Agreements
• Employee Assistance Program