20.04 Drug Free Environment

(Approved August 13, 2010) To comply with the enactment of Senate Bill 1120, which established the Drug-Free Workplace Act of 1990, the Academic Senate accordingly must certify that it provides a drug-free workplace and has issued drug-free workplace statements with these provisions to Executive Committee members or employees of the Academic Senate and to every person who works on federal or state grants for the Academic Senate. It is the policy of the Academic Senate that the workplace is free from effects of drug and alcohol abuse. This is to avoid the dangers arising from substance abuse in the workplace. These dangers include death and injury to the Executive Committee member(s), employee, co-workers, or the public resulting from accidents, dereliction of duty, poor judgment, and carelessness. Substance abuse also results in the loss of productivity, reduced efficiency, and increased absenteeism by the substance abuser and interferes with the job performance of other Executive Committee members or employees. This policy, which is consistent with Government Code Section 19572 and Governor's Executive Order D-58-86, states that no employee who is on duty shall (1) use, possess, or be under the influence of illegal or unauthorized drugs or other illegal mind-altering substances; or (2) use or be under the influence of alcohol to any extent that would impede the employee's ability to perform his or her duties safely and effectively. Not in Government Code or Executive Order, but required by federal and state grants is the application of items 1 and 2 above to individuals who work on such grants. Furthermore, no Executive Committee members, employee of the Senate or individual working on a federal or state grant on behalf of the Senate shall perform duties which, because of drugs taken under a legal prescription, the Executive Committee member, employee or individual cannot perform without posing a threat to the health or safety of others. California Law also prohibits the unlawful manufacture, dispensation, possession, or illegal use of a controlled substance. That prohibition extends to all places and includes the workplace of the Academic Senate employee or individual working on Senate matters. In the event of the unlawful manufacture, distribution, dispensation, possession of illegal use of a controlled substance at the Academic Senate workplace or function by any such person, the Academic Senate may take disciplinary action according to the Executive Committee policies and require the satisfactory completion of a drug abuse assistance or rehabilitation program. In addition, the Academic Senate will terminate the Executive Committee member's, committee member's or employee's participation on all grants that require such action. The Academic Senate does not provide for any counseling, rehabilitation, or employee assistance for substance or alcohol abuse. Executive Committee members, employees of the Academic Senate or individuals working on Senate grants convicted of a violation of a criminal drug statute when the violation occurred at the workplace of the Academic Senate shall report this violation to the Executive Director or President in writing within five working days of the conviction. It is the intent of the Academic Senate that each employee of the Senate and all individuals working on Senate business abides by the terms of this drug-free workplace statement. (Approved August 13, 2010)