Procedures P-VII-1.10-GC Procedures for UMGC Policy on a Drug and Alcohol-Free Workplace for Staff and Faculty Employees

Reporting Prohibited Activities for Stateside Employees

1. Employees with reasonable suspicion to believe that another employee engaged in prohibited activities pursuant to VII-1.10-GC – UMGC Policy on a Drug and Alcohol-Free Workplace for Staff and Faculty Employees should immediately notify their immediate supervisor, the supervisor of the other employee, or the Office of Human Resources, Employee Relations at hrer@umgc.edu.

2. Supervisors with reasonable suspicion to believe that an Employee engaged in prohibited activities pursuant to VII-1.10-GC – UMGC Policy on a Drug and Alcohol-Free Workplace for Staff and Faculty Employees or supervisors who have been informed by their direct report of their reasonable suspicion that another employee has engaged in such prohibited activities, should immediately notify UMGC Office of Human Resources, Employee Relations (HRER), at hrer@umgc.edu. Once notified, the HRER, in consultation with the Office of Legal Affairs, will work with the responsible supervisor to determine whether drug and/or alcohol testing is warranted. The Office of Human Resources, Employee Relations, will advise the supervisor on the appropriate next steps.

Drug and Alcohol Testing Administration For Stateside Employees

1. If drug and/or alcohol testing is approved by the Office of Human Resources, the steps set forth below shall be followed to the extent practicable. Deviation from a procedure and/or the order in which the procedures are set forth below shall not invalidate drug and alcohol test results nor affect enforcement of UMGC's Drug and Alcohol-Free Workplace Policy and implementation of these Procedures.

2. Prior to drug and alcohol testing, the Employee must consent to or refuse such testing.

   1. The Employee shall be provided the Authorization for Examination or Treatment Form. Execution of the Form indicates the Employee's consent to drug and alcohol testing.

   2. The HRER, will provide the Authorization for Examination or Treatment Form, if executed by the Employee, to the testing center to the supervisor.

   3. The Office of Human Resources will provide the location of the testing facility to the supervisor and the employee.

   4. The employee's supervisor or the HRER Director designee, shall escort the employee to the testing facility by taxi service.

   5. Supervisors are prohibited from transporting an employee in his or her personal vehicle.

   6. If at any time prior to the conclusion of testing, an Employee revokes their consent to be tested, it will be treated as a refusal in accordance with the applicable Procedures. The Employee must sign and date an Acknowledgement of Refusal Form as appropriate, indicating his/her refusal. The supervisor shall document the Employee's action.

3. Employee Refusal to Alcohol and Drug Testing

   1. An Employee who refuses to submit to drug and alcohol testing must sign and date the Acknowledgement of Refusal Form as appropriate, indicating such refusal.

   2. An Employee who refuses to sign the Form will not be tested.

   3. Employees who refuse to be tested may be terminated.

   4. If an Employee refuses to be tested, yet UMGC believes the Employee is impaired, UMGC shall assist the Employee with making transportation arrangements to his/her residence, including taxi service as necessary. If the employee refuses the supervisor's assistance in making transportation arrangements, the supervisor must immediately notify the Office of Human Resources, Employee Relations.

   5. Employees are strongly discouraged from operating motor vehicles while impaired. If a supervisor observes an Employee for whom there is reasonable suspicion of having engaged in prohibited activities driving a motor vehicle, the supervisor should gather as much descriptive information as possible (e.g. direction of travel, make and model of vehicle, license plate number, etc.), and contact the local police and HRER immediately.

   6. Supervisors shall not physically restrain an Employee from leaving the testing facility or work premises.

4. Administration

   1. The supervisor or HRER Director, as appropriate, shall provide the testing facility with the Authorization for Examination or Treatment Form.

   2. The Employee must sign a consent form provided by the testing facility.

   3. The testing facility will collect the specimen from the Employee and initiate the medical review and chain of custody process.

   4. At the conclusion of the test, the supervisor should inform the Employee that he or she will be placed on Administrative Time Off with pay pending the results of the test and shall assist with making arrangements for employee's transportation from the testing location to his/her residence. If the employee refuses the supervisor's assistance in making transportation arrangements, the supervisor must immediately notify HRER.

   5. A supervisor is prohibited from transporting the employee.

   6. The employee may return to the workplace with the supervisor by taxi service and wait at the workplace for his/her transportation.

   7. Employees are strongly discouraged from operating motor vehicles while impaired. If a supervisor observes an Employee for whom there is reasonable suspicion of having engaged in prohibited activities driving a motor vehicle, the supervisor should gather as much descriptive information as possible (e.g. direction of travel, make and model of vehicle, license plate number, etc.), and contact the local police and HRER immediately.

   8. If the employee leaves the testing facility or work premises prior to the arrangement of transportation or arrival of the arranged transportation, the supervisor shall document the employee's action and notify HRER immediately.

   9. The testing facility's medical review officer is responsible for deciding whether the test results are positive or negative. The HRER Director or designee will notify the Employee and the supervisor of the test results.

   10. Employees who have tested positive or otherwise violated UMGC's Drug and Alcohol-Free Workplace Policy are subject to disciplinary action, up to and including termination.

Reporting Prohibited Activities and Drug and Alcohol Testing Administration for Overseas Employees

1. Employees and/or supervisors with reasonable suspicion to believe that an employee engaged in prohibited activities pursuant to UMGC's Policy on a Drug and Alcohol-Free Workplace shall immediately notify the Office of Human Resources for the Employee's respective UMGC Division.

2. Military base authorities may test Employees for suspected drug and/or alcohol violations, in accordance with their respective testing procedures and determine whether an Employee may remain onsite. Military base authorities will notify UMGC of an Employee's test result and of any determination to restrict an Employee's presence on, or access to, the military installation.

3. Overseas employees who have tested positive or otherwise violated UMGC's Drug and Alcohol-Free Workplace Policy are subject to disciplinary action, up to and including termination.