Drug-Free Work Place Act of 1988
The Drug-Free Workplace Act of 1988 requires Delta College to certify that it is a “Drug-Free Workplace” in order to maintain eligibility for federal grants and contracts.
Under the Drug-Free Workplace Act of 1988 effective March 18, 1989, all Federal grants recipients are required to publish a statement, notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the work place, specifying sanctions that will take place against violators of their policy. The following is the position statement of Delta College pursuant to the requirements of such act.
Drug-free workplace act of 1988 statement
No member of the college community shall manufacture, possess, distribute or use any prohibited drug in either the refines or crude form, except:
- Controlled substance for personal usage must be under a current prescription of a licensed physician.
- Those specifically authorized to Delta College by federal or state authorizing agencies
for educational purposes, nor shall any member of the college community possess property,
which is used, or intended for use, as a container for any controlled substances.
Such policy is specifically applicable to college employees during the course of their employment or at their work place. Employees who admit to violating such policy or are found to be in violation by a judicial process of the state or Delta College shall be suspended from employment.
Employees who are certified to be medically dependent (hereafter dependent employees) by a licensed physician will be considered to have a health problem and eligible for medical leave provided they participate in a recognized medically supervised program of treatment for chemical dependency under the following conditions:
- Dependent employees will first obtain Delta's written consent to participate in a specified treatment program.
- Dependent employees who voluntarily enroll in such a recognized program may use personal and/or vacation time, if medical leave is not available, or may apply to borrow sick leave. Otherwise, such employees will be considered to be on an approved leave of absence (without pay) for the period of the rehabilitation program.
- During the period of the enrollment in the program, such employees will comply with all medical decisions made by the treating or supervising physician of the program under the above conditions after being given the opportunity to participate, will be subject to disciplinary action including suspension for a stated period of time, or termination of employment.
- A dependent employee will be given only one opportunity for rehabilitation. If after returning to work it is determined by Delta that such employee has again violated any of Delta's rules and regulations related to possession or use of illegal drugs, or that such employee has been convicted of a drug-related violation in the workplace, such employee will be subject to immediate discharge.
- Dependent employees who do not participate in a rehabilitation program under the above conditions after being given the opportunity to participate, will be subject to disciplinary action including suspension for a stated period of time, or termination of employment.
Upon such notification, if funded under a Federal Grant, the Human Resources Office
of the College must notify the granting agency within ten days.
Delta College has established and is making a good faith effort to maintain a drug-free workplace through the implementation of a drug-free awareness program to inform and educate employees about:
- The dangers of drug abuse in the workplace;
- The policy of maintaining a drug-free workplace;
- Any available drug counseling, rehabilitation, and employee assistance program; and
- The penalties that may be imposed upon employees from drug violations occurring in the workplace.
All employees are notified that as a condition of employment each employee shall abide by the terms of this statement and must further notify Delta College of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after receiving such conviction.
Cross Reference Locations
Senate Policy 2.075 Regulations and Rules of Conduct
All Delta College employees