D. Employee Relations
2. Drug Free Workplace
2.1 Goal. The University System of New Hampshire values its faculty and staff members. The University System of New Hampshire views alcoholism and drug addiction as highly complex diseases that, once they have been recognized, can be arrested by appropriate treatment, and for which the same consideration is given to faculty and staff as is given in cases of other illnesses. The University System's only purpose in involving itself in the complex areas of alcoholism and drug addiction is to assist the faculty or staff member in seeking treatment and returning to a state of effectiveness and productivity. The Employee Assistance Program (USY V.D.5.4) is available to assist with such illnesses. Every case is handled with the utmost confidentiality.
2.2 Commitment & Responsibilities. The component institutions of the University System of New Hampshire shall establish guidelines for the use of alcohol and controlled substances during work hours in conformance with the following general policy: using, possessing, or being under the influence of alcoholic beverages, amphetamine-type drugs, barbiturate-type drugs, cannabis-type drugs, Phencyclidine, Methaqualone, Benzodiazepines, cocaine-type drugs, morphine-type drugs, hallucinogenic drugs, or any controlled drugs as provided in RSA 318-B during work hours by University System employees is prohibited.
2.2.1 The use of prescription drugs will be permitted by policy in strict accordance with the prescription of a licensed health care professional.
2.2.2 Where the use of alcohol is permitted by policy, safety considerations and concern for the image of the institution require that discretion be exercised in the use of alcoholic beverages either on or away from University System property.
2.2.3 In situations where the use of certain types of prescription and non-prescription medication may negatively affect mental concentration or coordination (such as antihistamines or "mood altering" drugs), safety considerations may require temporary reassignment of duties and responsibilities.
2.2.4 Supervisors who have documented a faculty or staff member's deficient or deteriorating performance and believe such performance to be related to the use of alcohol or drugs must discuss options for handling the problem with the Personnel/Human Resource Office or other official designated by the campus Chief Executive Officer. Supervisors shall not engage in diagnosis or establishing treatment plans for employees. The supervisor will meet with the employee and make a referral to the EAP.
2.2.5 The decision to undertake treatment through qualified sources is the responsibility of the individual faculty or staff member. The individual's employment status will in no way be affected by the decision to seek treatment. He or she will continue to be covered by applicable personnel policies. If work performance continues to be deficient, a performance review will be conducted within the framework of USNH policy to allow for appropriate determination concerning the individual's future employment status. Such performance reviews will consider evidence of poor work performance, frequent absences, neglect of duties and responsibilities, drastically altered moods, physical or verbal abuse, and deterioration of working relationships.
2.3 Legal Requirements. In accordance with the Drug Free Workplace Act of 1988 (Pub. L. No. 100-690, Title V, Subtitle D) employees are prohibited from the unlawful manufacture, distribution, dispensing, possession, or use of any controlled substance in the workplace. The USNH will: (a) make a good faith effort to maintain a drug free workplace, (b) conduct a biannual review of its program to determine effectiveness, (c) implement changes to the program if needed, and (d) ensure that disciplinary sanctions are enforced.
USNH will take the following actions within 30 days upon notification of an employee conviction: (1) take appropriate personnel action against a convicted employee up to and including termination; (2) place a notice of the drug conviction in the employee's personnel file in accordance with normal disciplinary policy procedures; (3) require the convicted employee to utilize the services of the EAP and, (4) require the convicted employee to successfully complete an approved drug abuse assistance or rehabilitation program recommended by the EAP as a condition of continued employment.
2.3.1 The component institutions of the University System of New Hampshire will notify, in writing, faculty and staff members working on a grant that as a condition of employment they will:
126.96.36.199 Abide by the terms of the USNH policy statement, and
188.8.131.52 Notify the Personnel/Human Resource office of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after the conviction.
2.3.2 The component institutions of the University System will notify the granting agency within ten days after receiving notice from the employee or otherwise receiving notice of the conviction.
2.3.3 Violations. In the event that a faculty or staff member is found to be acting against policy as stated above, he or she will be subject to appropriate action, which may include a warning, reprimand, suspension, referral to counseling or an employee assistance program, or discharge.
2.4 Programs. The institutions of the University System of New Hampshire will establish an ongoing drug/alcohol free awareness program that informs employees of:
2.4.1 The dangers of drug/alcohol abuse and the health risks associated with that abuse,
2.4.2 The policy of maintaining a drug/alcohol free workplace,
2.4.3 Any available drug counseling, rehabilitation program or an employee assistance program, and
2.4.4 The penalties that may be imposed upon employees
2.5 Employee Alcohol and Controlled Substance Testing under U.S. Department of Transportation Agency Regulations Implementing the Omnibus Transportation Employee Testing Act of 1991, 49 CFR Part 40, Part 382, and Part 655 as amended.
2.5.1 Purpose. The University System and its component institutions shall comply with all applicable regulations of agencies of the U.S. Department of Transportation as they relate to alcohol and controlled substance testing. Such testing is mandated for employees required to have a commercial driver's license and/or perform safety sensitive function as defined by 49 CFR Part 40 and Part 655 as amended. For reference see:
184.108.40.206 49 CFR § 40 - Office of the Secretary of Transportation: "Procedures for Transportation Workplace Drug and Alcohol Testing Programs"
220.127.116.11 49 CFR § 655 – Federal Transit Administration: "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations"
18.104.22.168 49 CFR § 382 – Federal Motor Carrier Safety Administration Regulations: "Controlled Substances and Alcohol Use and Testing"
2.5.2 Conducting the Testing
22.214.171.124 The USNH and its component institutions will contract with external agencies to conduct all testing as mandated by and in accordance with the federal regulations referenced in USY V.D.2.5.
2.5.3 Penalties for Violations of Regulations. The USNH and its component institutions shall impose such penalties as required by the regulations referenced in USY V.D.2.5 on employees whose test results indicate prohibited alcohol and/or controlled substance concentrations. Any disciplinary actions taken under this section shall be in conformance with USY V.C.8.
2.5.4 Compliance. The USNH and its component institutions shall appoint an office or officer responsible for compliance with the Omnibus Transportation Employee Testing Act of 1991 and regulations promulgated for its implementation. This appointment is not necessary for components of the USNH which do not employ personnel required to have a commercial driver's license. These offices or officers shall be responsible for:
126.96.36.199 Developing policy and procedures to assure compliance;
188.8.131.52 Generating and making available materials explaining the federal regulations and the USNH policies and procedures designed to achieve compliance; and
184.108.40.206 Maintaining all records and submitting all reports as required by the regulations.