Drug and Alcohol-Free Workplace Policy

Policy Statement

Cape Fear Community College is committed to the well-being of the College community and to
promoting and providing a safe and healthy environment. 

Procedure

Drug and alcohol abuse in the workplace are subjects of immediate concern to the College and in our society. These problems are extremely complex and ones for which there are no easy solutions. From a safety perspective, users of drugs or alcohol may impact the wellbeing of College employees, students, the public at large, and result in damage to College property. Therefore, it is policy of the College that the unlawful manufacture, distribution, dispensation, possession, or use of any illegal or controlled substance in the workplace is strictly prohibited.

The College reserves the right to require an employee to submit to drug or alcohol testing when there is reasonable cause or suspicion that the employee may be under the influence or impaired. The basis for reasonable cause or suspicion can include, but is not limited to:
• Observations by college employees, students, or representatives of a college vendor/partner of apparent workplace possession, use, or perceived influence or impairment

• Following a work-related accident, safety-related incident, or work-related injury

• Upon reinstatement from suspension

College employees who personally observe or are made aware of suspected drug or alcohol abuse have a responsibility to immediately report such suspicions to a college official, next-level supervisor, or Human Resources.

To ensure a safe and productive work environment, employees are prohibited from:
• Having detectable levels of drugs or alcohol in their system during work hours, including lunch or break periods, while operating a College-owned vehicle, or while on College premises.

• Using or being under the influence of drugs or alcohol while acting in the course and scope of employment outside of regular work hours.

• Being mentally or physically impaired by the use of prescription or nonprescription drugs or alcohol.

• Unlawfully manufacturing, selling, distributing, delivering, dispensing, possessing, or using any illegal drug or controlled substance as defined by the North Carolina Controlled Substances Act.

• Violating any Federal or State statutes or laws relating to drugs or alcohol.

For purposes of this policy, the term “drugs” includes any “controlled substances” as defined at 21 U.S.C. § 802 and listed on Schedules I through V of 21 U.S.C. § 812 and in the North Carolina Controlled Substance Examination Regulations, as revised from time to time, and as defined by other federal and state statutes and regulations. Generally, these are drugs which have a high potential for abuse and include, but are not limited to, opiates, marijuana, cocaine, PCP, amphetamines, and “crack”. Also included are any other drugs that are illegal under federal, state, or local law, legal drugs that have been obtained illegally or are not being taken as prescribed by a licensed physician, and substances that are not intended for human consumption (such as glue). “Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl and isopropyl alcohol.

Testing Procedures

• Human Resources will make testing arrangements for the employee.

• Drug or alcohol testing shall be conducted in an approved laboratory chosen by the College and in accordance with all provisions of the North Carolina Controlled Substance Examination Regulation Act.

• For drug testing, an initial screening test will be conducted. If the initial screening test is positive, the same sample or specimen will be retested using a confirmation test that complies with applicable law. All confirmation tests will be performed by a laboratory approved under the North Carolina Controlled Substance Examination Act. The results of the confirmation test will take precedence over the results of the initial screening test, meaning that the results of the confirmation test must be positive before the test will be considered positive.

• An employee whose drug test confirms positive may request a retest of the original specimen sample by the same or another approved laboratory at his or her expense. The individual must request release of the specimen in writing to the original laboratory within 90 days of the laboratory’s notification to the College of a confirmed positive test result, specifying the approved laboratory to which the sample is to be sent. Any employee requesting a retest will be responsible for all reasonable expenses for chain of custody procedures, shipping, and retesting of confirmed positive specimens related to his or her request.

• An employee who undergoes a drug or alcohol test conducted pursuant to this policy will be notified by the College of the results of any such test if the results are confirmed positive. The College will treat all information relating to an individual’s testing as a confidential medical record accessible only to management with a need to know.

• Transportation to and from the testing facility will be provided by the College and arranged by Human Resources.

Violations

Any employee who violates this Drug Testing policy or refuses to submit to testing, adulterates or dilutes the specimen, substitutes the specimen with that from another individual, sends an imposter, does not sign the required consent forms, or refuses to cooperate in the testing process in such a way that intervenes or prevents the completion of the testing, will be subject to disciplinary action, up to and including termination of employment.

Corrective action taken against College employees may include disciplinary action, satisfactorily participating in a drug or alcohol abuse assistance or rehabilitation program, or termination of employment. The College encourages employees struggling with drug or alcohol abuse to seek assistance through the drug or alcohol prevention and/or counseling services offered throughout the community.

Revision History:
November, 2023