1470 - SUBSTANCE ABUSE

The Governing Board recognizes alcoholism and drug abuse as treatable illnesses. Such illnesses may impair the performance of an employee. When appropriate, the Governing Board may assist such employees in a manner recommended by appropriate specialists in the treatment of those illnesses.

An employee having an illness or other problem relating to the use of alcohol or other drugs including controlled substances, medications not prescribed by the employee’s physician, or medications not taken as prescribed, shall receive the same careful consideration and offer of assistance that is presently extended to an employee having any other illness.

The responsibility to correct unsatisfactory job performance, attendance or behavioral problems resulting from a suspected health problem rests with the employee. Additionally, regardless of whether an employee has an illness or other problem relating to the use of alcohol or other drugs it remains the responsibility of the employee to report to work and perform the employee’s duties in a fit and appropriate condition at all times. Being under the influence of alcohol or other drugs while on duty, on ESC property, or at an ESC related activity/event is not acceptable. Failure to correct unsatisfactory job performance, attendance or behavior and/or working or reporting to work under the influence of alcohol or other drugs for whatever reason, shall result in appropriate corrective or disciplinary action as determined by the Governing Board, up to and including termination.

If an employee sustains a workplace injury while the employee is under the influence of alcohol or a controlled substance not prescribed by the employee’s physician, the employee may be disqualified for compensation and benefits under the Workers Compensation Act. If the employee tests positive or refuses to submit to a test for alcohol and/or other drugs after sustaining a workplace injury, the employee may dispute or prove untrue the presumption or belief that alcohol and/or other drugs are the proximate cause of the injury (i.e., rebuttable presumption). Notice advising employees that the results of, or the employee’s refusal to submit to an alcohol or other drug test may affect an employee’s right to receive workers’ compensation benefits.

If an employee voluntarily requests counseling or assistance before the Governing Board learns of the employee’s substance abuse problem (through a positive test result or otherwise), the employee’s job security or promotion opportunities shall not be jeopardized by the employee’s request for counseling or referral assistance. An employee may not avoid the consequences of a positive test by requesting counseling or assistance for a substance abuse problem after being instructed to submit to a drug test.

Employees who suspect they may have an alcoholism or other drug abuse problem are encouraged to seek counseling and information on a confidential basis by contacting resources available for such service.

© Neola 2004