FACILITIES MANAGEMENT SERVICES

DIRECTIVE NO. 104                                                                     DATE:  September 1, 1995

 SUBJECT:   Alcohol and Drugs in the Workplace

      DISTRIBUTION: A

NEXT REVIEW DATE: June, 1997

POSITION RESPONSIBLE FOR REVIEW: Deputy to the AVP

PURPOSE: To establish a policy and procedure regarding drugs and alcohol in the workplace.

BACKGROUND: Carnegie Mellon issued REFERENCE 1 as a resource for the entire campus community concerning the issue of substance abuse as it relates to the workplace. In his letter of introduction, President Mehrabian recognizes that our campus community is not immune from some of the problems of society at large. He refers to both the strict policies regarding illegal use of controlled substances and also the support services available to people who may need and choose to use them. FMS is committed to the university's policy goals and is equally committed to the support of any staff member who seeks to benefit from the services listed in REFERENCE 1.

POLICY: FMS policy is strict adherence to the university's employee policy on illegal drugs, which concerns work while under the influence of drugs used in an unlawful manner, and which concerns possession of drugs on university property or while on duty as a university employee. It is FMS policy to adhere to all university standards of conduct regarding alcohol, and to the university policy which concerns work under the influence of alcohol and consumption of alcohol that impairs performance

FMS policy also is to support the efforts of staff members who may seek to benefit from services available to them for help with problems for which substance abuse may be symptomatic. This policy assures that confidentiality of the content of counseling will be maintained, and that counseling will not jeopardize job security or career opportunity for staff members who turn to such services. However, this policy confers no relief from normal job performance or attendance standards, and it does not provide unique time off from work for these services.

PROCEDURES:

1. Adherence to university policies and standards of conduct

1.1. An FMS staff member who violates the university's employee policy on illegal drugs is subject to disciplinary action including suspension and dismissal. FMS supervisors, when confronting an apparent violation, gather and preserve evidence of the apparent violation, and initiate disciplinary procedures applicable to the employment terms and conditions of the staff member(s) involved.

1.2. An FMS staff member who is convicted of any criminal drug statute violation that occurred at the university is obligated by law to notify both the immediate supervisor and the Office of the Provost no later than five days after that conviction. The university is then obligated to report the conviction to the appropriate federal agency, and, within thirty days, it will take appropriate disciplinary action up to and including dismissal, or will require the staff member to participate satisfactorily in a drug abuse assistance or rehabilitation program. FMS supervisors who receive reports of such convictions initiate the reporting and disciplinary action sequences required by law and by university policy.

1.3. An FMS staff member who is responsible for a university social activity or other activity, on or off campus, for which university resources are used, and at which alcoholic beverages are served, follows the university policies presented in its Standards of Conduct Regarding Alcohol addressing responsible conduct, violations of law, and permission to serve alcoholic beverages at events where students are in attendance, and the guidelines regarding the location, service fees, and public advertising for an event where alcohol is served.

1.4. An FMS staff member who violates the university's policy against work under the influence of alcohol and against alcohol consumption that impairs performance is subject to disciplinary action, including suspension and dismissal. FMS supervisors, when confronting an apparent violation, gather and preserve evidence of the apparent violation, and initiate disciplinary procedures applicable to the employment terms and conditions of the staff member(s) involved.

2. Support for Employee Assistance Program (EAP) referrals

2.1. An FMS supervisor may suggest an EAP referral to a staff member whose on-the-job behavior or overall work performance changes detectably. Because FMS supervisors are not trained to diagnose problems for which these changes may be symptoms, supervisors may refer staff members to the EAP even if based only on a belief that changes in job performance might be the result of problems for which EAP services are appropriate.

2.2. A supervisor's referral to EAP services is confidential to the staff member, the supervisor, the director, and the AVP within FMS, and to the VP for Business Affairs and to assigned staff members of university organizations with functional responsibilities that compel disclosure of the referral.

2.3. A supervisor's referral to EAP services, and any actual known or presumed use that a staff member might make of EAP services, is not an acceptable basis for any job-related action affecting that staff member by any person in FMS, whether the action is beneficial or unfavorable to the staff member.

2.3.1. A staff member's actual or presumed use of EAP services may not be the basis for withholding job or pay opportunities or other benefits of employment. Such actions may be based only on that person's job performance and relevant qualifications.

2.3.2. A staff member's actual or presumed use of EAP services may not be a condition for employment in FMS. Employment may be based only on that person's job performance and relevant qualifications.

2.3.3. A staff member's actual or presumed use of EAP services may not be the basis for actions on requested or actual paid time off, or schedule changes, or absences from work, or early or late arrival at work, or departure from work. Such actions, where appropriate, may be based only on the requirements of the work, and may be taken only in the context of procedures applicable to the employment terms and conditions of the staff member.

2.4. An FMS staff member may refer himself or herself, as a matter of personal initiative, for EAP services, and is not obliged to disclose such a referral to, or use of, EAP services to anyone.

2.5. Any assessment, or further referral, or communication between the individual and the EAP service is a matter of complete confidentiality, passing exclusively between the staff member and the counselor, and specifically excluding the supervisor, the director, the AVP, and the VP for Business Affairs, unless the staff member, in writing, in advance, consents to the disclosure.

RESPONSIBILITIES:

1. FMS staff members are responsible for acting in accordance with applicable law, and Carnegie Mellon policies and standards of conduct regarding illegal drugs and alcohol.

2. FMS supervisors are responsible for attempting to avert job performance problems, once detectable, by referring a staff member for EAP services that the supervisor believes may be appropriate. Supervisors are responsible for the confidentiality of such referrals, according to FMS guidelines, and for basing job-, or benefit-, or career-related actions on job performance and qualifications, and not on the presumed or actual use of EAP services, whether the effect of consideration is favorable or unfavorable to the staff member. Supervisors who confront apparent violations of university policies or standards of conduct among the staff members they supervise are responsible for gathering and preserving evidence, and for initiating applicable disciplinary procedures.

3. Directors are responsible for developing a work environment that supports adherence to applicable law and university policies on illegal drugs and alcohol, and that also supports the willingness of staff members to address and resolve substance use problems. Directors are responsible for carrying out the reporting requirements on criminal drug statute convictions for violations on Carnegie Mellon property

REFERENCE:

1. Memo to Members of the Carnegie Mellon Community from Robert Mehrabian on information about alcohol and drugs, dated October 1993, covering policy, procedure, reference, and resource documents pertaining to substance use and related problems

CANCELLATION(S): None

SIGNATURE:

Oscar H. Mayer
Deputy to the AVP

ATTACHMENT(S): None