Drug Testing Policy for Service Positions in Security and Facility Services
(Full-time & Part-time)
I. Statement of Purpose:
Drake University recognizes the problems of substance abuse in society and in the workplace. This substance abuse policy seeks to prevent the employment of individuals for service positions in Security and Facility Services who use controlled substances or who abuse legal drugs and to prevent workplace accidents resulting from employees illegally using drugs.
With these basic objectives in mind, Drake University has established the following program and policies.
WHILE THE UNIVERSITY BELIEVES WHOLEHEARTEDLY IN THE PLAN, POLICIES, AND PROCEDURES DESCRIBED HERE IN, IT IS COMMITTED TO REVIEWING THEM CONTINUALLY, AND RESERVES THE RIGHT TO CHANGE, TO TERMINATE OR TO DEVIATE FROM THEM AT ANY TIME. NOTHING IN THIS PROGRAM IS INTENDED, NOR SHOULD BE CONSTRUED, AS REQUIRING “CAUSE” FOR TERMINATION OR OTHERWISE ALTERING THE AT-WILL NATURE OF THE EMPLOYMENT RELATIONSHIP.
“Abuse” of a legal drug:
Any use of a legal drug which impairs an individual’s faculties (other than use of a legal drug for appropriate purposes in accordance with applicable medical directions). In addition, the taking of a prescription drug that was prescribed for another shall be considered “abuse” of a legal drug.
Any drug or substance defined as a controlled substance and included in schedule I, II, III, IV, or V under the federal Controlled Substances Act, 21 U.S.C. §801 et seq.
A drug for which there is a valid prescription for the individual taking it, or over-the-counter drug.
A person who has made application, whether written or oral, to the university to become an employee, and who has been offered employment conditioned upon receipt of a negative report of a drug screen.
A sample from the human body capable of revealing drugs or their metabolites, such as urine, saliva, skin, or hair. “Sample” does not include blood, except in situations where a blood test was conducted on an employee involved in a workplace accident if the test was administered by or at the direction of a person providing treatment to the employee and the test was not made at the request of or by the suggestion of Drake University.
III. Drug Testing Programs:
A.Post-Offer, Pre-employment Substance Abuse Screening Program:
Drake University will conduct post-offer, pre-employment drug tests for prospective employees for all service positions in Security and Facility Services (full-time & part-time) designed to prevent hiring individuals who use controlled substances or who abuse legal drugs.
a. At the time the sample is collected the prospective employee may provide any information which may be relevant to the drug test. Such information may include identification of prescription or nonprescription drugs currently or recently used or any other relevant medical information. To the extent feasible, all precautions will be taken to ensure that the testing only measures and the records concerning the testing only make use of information regarding drugs in the body. The following is a list of drugs for which testing will be conducted:
• Opiates (including morphine and codeine);
• Phencyclidine (PCP);
• Amphetamines (including methamphetamines).
b. To be considered qualified for employment with Drake University, we must receive a “negative” report on the drug screen. If that qualification is not met (i.e. in the event of a positive screen or refusal to provide a testing sample), the prospective employee will be deemed “not qualified,” and either the application process will be terminated or any conditional offer of employment that has been extended will be withdrawn. Any such action taken will be based only on the results of the drug test. A prospective employee’s positive drug test result, or the refusal of the prospective employee to provide a testing sample, does not prevent the prospective employee from later initiating another inquiry with the university.
c. A medical review officer shall, prior to the results being reported to the University, review and interpret any confirmed positive test results, including both quantitative and qualitative test results, to ensure that the chain of custody is complete and sufficient on its face and that any information provided by the individual is considered. The medical review officer will then report any confirmed positive results to the University.
d. Human Resources will notify the prospective employee in writing of the confirmed positive test result, of the name and address of the medical review officer who made the report, and of the prospective employee’s right to request any records relating to the drug test pursuant to §730.5(13)(b). This notice shall also be provided by certified mail to the parent of any minor who is a prospective employee.
B. Employee Substance Abuse Screening Program
Reasonable Suspicion: A specific active employee may be required to submit to a drug test if the university has evidence that an employee is using or has used drugs in violation of the university’s written policy. This evidence must be drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Examples of evidence that might support reasonable suspicion are:
• Observations made at work, such as direct observation of drug use or the physical symptoms of being impaired due to drug use.
• Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.
• A report by a reliable and credible source, of drug use.
• Evidence that an individual has tampered with any drug test during the individual’s employment with the university.
• Evidence that an employee has manufactured, sold, distributed, solicited, possessed, used or transferred drugs while working, or while on the university’s premises or while operating the university’s vehicle, machinery or equipment.
Drug Testing: The university has determined to conduct controlled substance, or “drug,” testing in an attempt to discourage and prevent illegal use of drugs and prevent workplace accidents resulting from employees illegally using drugs, be it the use of an illegal drug or the abuse of a legal drug. At the time the sample is collected, an employee may provide any information which may be relevant to the drug test. Such information may include identification of prescription or nonprescription drugs currently or recently used or any other relevant medical information. To the extent feasible, all precautions will be taken to ensure that the testing only measure, and the records concerning the testing only make use of information regarding drugs in the body. The following is a list of drugs for which testing will be conducted:
• Opiates (including morphine and codeine);
• Phencyclidine (PCP);
• Amphetamines (including methamphetamines)
Test Scheduling: Drug testing shall normally occur during, or immediately before or after, a regular work period. The time required for testing, including travel time, is considered work time for purposes of the FLSA, compensation and benefits.
Test Costs: The actual costs for testing, other than for a second, confirmatory test if one is requested as provided by law, are paid by the university. If the drug sample collection is conducted at a place other than the employee’s normal work site, the university will provide transportation, or pay reasonable transportation costs to the employee.
Confirmed positive results: A medical review officer shall, prior to the results being reported to the University, review and interpret any confirmed positive test results, including both quantitative and qualitative test results, to ensure that the chain of custody is complete and sufficient on its face and that any information provided by the individual is considered. The medical review officer will then report any confirmed positive results to the University.
The university’s Human Resources office will notify the employee in writing by certified mail, return receipt requested, of the confirmed positive test result, the employee’s right to request and obtain a confirmatory test of the second sample of the previously collected specimen at an approved lab of the employee’s choice, and the fee payable by the employee to the university for reimbursement of expenses concerning the test. Such notice shall also be provided by certified mail to the parent of any minor employee.
Employee Fee for Test: The fee charged an employee will be an amount that represents the costs associated with conducting the second confirmatory test, which will be consistent with the university’s cost for conducting the initial confirmatory test on an employee’s sample.
Second Confirmatory Test: If the employee, in person or by certified mail, return receipt requested, requests a second confirmatory test, and pays the university the fee for the test within seven days from the date the university mails by certified mail, return receipt requested, the written notice to the employee of the employee’s right to request a test, a second confirmatory test on the previously collected sample shall be conducted at the laboratory chosen by the employee. The results of the second confirmatory test shall be reported to the medical review officer who reviewed the initial confirmatory results and the medical review officer shall review the results and issue a report to the university on whether the results of the second confirmatory test as indicate the presence of a specific drug. If the results of the second test do not confirm the results of the initial confirmatory test, the university shall reimburse the employee for the fee paid by the employee for the second test and the initial confirmatory test shall not be considered a confirmed positive drug test for purposes of taking adverse action.
University action in connection with a positive drug test: For employees required to undergo a drug test under certain circumstances described above, the following is a list of uniform requirements for what action the university will take upon receipt of a confirmed positive drug test result, or upon the employee’s refusal to submit to such test. Any action taken is based only on the results of the drug test.
1. Refusal to Submit to a Drug Test: An employee’s refusal to submit to a drug test when requested to do so will subject the employee to termination.
2. Positive Test Result: An employee’s confirmed positive drug test will result in the employee’s termination.
IV. Employee Assistance Program
Drake offers a confidential counseling service to you and your family members through the Employee Assistance Program (EAP). Initial assessments are offered at no cost. EAP is designed to deal with a wide range of human problems including family, marital, financial, work-related, legal, emotional, alcohol and drug problems, or other issues that interfere with daily living. Follow-up, referral counseling and treatment will be coordinated for coverage under your health insurance plan. If confidential counseling assistance is needed, you are encouraged to contact EAP at 515-244-6090 or call toll free, 1-800-327-4692.