Article 11: Drug/Alcohol Testing

11.1

The parties agree that the maintenance of a drug/alcohol free work place is a goal of both the College and the Union. Employees are prohibited from possession, consumption and/or being under the influence of a controlled substance/alcohol while on the Colleges premises or during time paid by the employer. Violations of this prohibition may result in a disciplinary action up to and including termination.

11.2

The College may administer an alcohol and/or drug test of an employee when the College has probable cause or reasonable suspicion to believe the employee is under the influence of a controlled substance and/or alcohol. For the purposes of this section, probable cause and reasonable suspicion shall be defined as observable and articulable behavior exhibited by an employee that would lead a reasonable adult to conclude that the employee may be under the influence of a controlled substance and/or alcohol. Failure of an employee to cooperate in such testing may result in disciplinary action, including termination, of the employee.

11.3

CNM may implement and/or continue random and post accident drug testing consistent with the determination of safety sensitive positions in existing case law. Employees in work areas who work with power tools and/or electricity; heavy equipment such as trucks and automobiles; and hazardous chemicals and equipment are considered safety sensitive and may be subject to random drug testing.

11.4

Employees with substance abuse problems shall continue to be offered the opportunity to utilize the services provided by the Colleges Employee Assistance Program (EAP). Depending on the severity of the detected employees substance abuse problem, the College may either offer the employee EAP services and/or commence disciplinary action against the employee. An employees self-referral to the EAP shall remain confidential and will not be used as the sole basis for disciplinary action.

11.5

Any additional policies and/or practices related to drug and/or alcohol testing shall not conflict with these provisions. Prior to the implementation of these new or additional policies and/or procedures, the Union will be given the opportunity to review the proposed policies and/or procedures and provide input to the Colleges Human Resource Director.

11.6

Employees who participate in substance abuse programs as a condition of continuing employment with the College shall be subject to return to work agreements and periodic substance abuse testing as a further condition of continued employment. If the College has initiated substance abuse testing of an employee or disciplinary action is pending, an employees self-referral shall not preclude either action being taken by the College.