Policy Number: 1.05 - Alcohol and Other Drugs
It is the Commonwealth's objective to establish and maintain a work environment free from the adverse effects of alcohol and other drugs. The effects of alcohol and other drugs in the workplace could undermine the productivity of the Commonwealth’s workforce, one of Virginia’s greatest assets. The adverse effects of alcohol and other drugs create a serious threat to the welfare of fellow employees and to Virginia's citizens. The Commonwealth, therefore, adopts the following policy and procedures to address alcohol and other drug problems in the public work force.
|EMPLOYEES TO WHOM POLICY APPLIES|
This policy applies to all Executive Branch positions whether covered or non-covered under the Virginia Personnel Act, whether full-time or part-time, or paid on a salaried or on an hourly basis. This policy also includes all teaching, research and administrative faculty, employees of the Governor's Office, the Office of the Lieutenant Governor, and the Office of the Attorney General.
|Alcohol||Any product defined as such in the Alcohol Beverage Control Act, section 4.1-100 of the Code of Virginia, as amended.|
|Conviction||A finding of guilty (including a plea of guilty or nolo contendere), or imposition of sentence, or both, by any judicial body charged with the responsibility of determining violations of the federal or state criminal drug laws, alcohol beverage control laws, or laws that govern driving while intoxicated.|
|Criminal Drug Law||Any criminal law governing the manufacture, distribution, dispensation, use, or possession of any controlled drug.|
|Controlled Drug||Any substance defined as such in the Drug Control Act, Chapter 34, Title 54.1 of the Code of Virginia, as amended, and whose manufacture, distribution, dispensation, use, or possession is controlled by law.|
|Employee||All Executive Branch employees, whether classified or non-classified, full-time or part-time, or paid on a salaried or on an hourly basis, to include all teaching, research and administrative faculty, employees of the Governor's Office, the Office of the Lieutenant Governor, and the Office of the Attorney General.|
|Employee Assistance Program (EAP)||
A confidential assessment, referral, and short-term problem-solving service available to eligible employees and family members. Enrollment in the EAP is automatic as part of the health plan coverage. The EAP helps participants deal with problems affecting personal and work life, such as:
|Management||The person(s) ultimately responsible for an employee's workplace and performance, e.g., an agency head, a secretarial branch cabinet secretary, the Governor for the Governor's office, or their official designees.|
|Other drug||Any substance other than alcohol that may be taken into the body and may impair mental faculties and/or physical performance.|
|Supervisor||The person immediately responsible for an employee's workplace and performance.|
|Workplace||Any state-owned or leased property, or any site where state employees are performing official duties.|
|Abide by policy||Employees must abide by the Commonwealth of Virginia's Policy on Alcohol and Other Drugs, and applicable disciplinary policies.|
Each of the following constitutes a violation of this policy:
|For policy violation(s)||Any employee who commits any violation, as described in section IV above, shall be subject to the full range of disciplinary actions, including discharge, pursuant to applicable disciplinary policies, such as Policy 1.60, Standards of Conduct.|
|Severity of discipline||
The severity of disciplinary action for violations of this policy shall be determined on a case-by-case basis. Mitigating circumstances that may be considered in determining the appropriate discipline include whether the employee voluntarily admits to, and seeks assistance for, an alcohol or other drug problem.
|Fair application of policy||
|Provide employees with copy of summary of policy or, upon request, copy of entire policy||
Management must post a copy of the entire policy in a conspicuous place or places in the workplace.
|Training of agency representatives and supervisors||
The Department of Human Resource Management in coordination with the Department of Employment Dispute Resolution, shall instruct agency representatives, who in turn shall instruct agency supervisors, on the implementation of this policy, including:
|Ongoing employee education||Agencies must inform employees, on an ongoing basis, of:
|Appropriate action when notified of violations||
|Require contractor compliance||Management shall require contractors working on state agency workplaces to certify that they will not commit violations as described in Violations sections (A) and (B), above.|
|Employees with problems related to the use of alcohol or other drugs are encouraged to seek counseling or other treatment.|
|Assistance from management||
|Assistance from EAP||
|Employees may contact other agencies, such as the Department of Mental Health, Mental Retardation and Substance Abuse Services, the Department of Health, the Department of Rehabilitative Services, and/or Virginia Office for Protection and Advocacy.|
|Leaves of absence to seek rehabilitation||
|Agencies may promulgate supplemental alcohol and other drug policies as needed to comply with federal or state law, and as provided below.|
|Content of policies||
|Approval of policies||The Department of Human Resource Management and the Office of the Attorney General must approve supplemental agency policies before their implementation.|
|CONFIDENTIALITY AND MAINTENANCE OF RECORDS|
|All records and information concerning personnel actions related to this policy shall remain confidential and shall be disclosed only with the employee's permission, or when the agency determines that disclosure is necessary for its efficient operation.|
|AUTHORITY AND INTERPRETATION|
This policy is issued by the Department of Human Resource Management pursuant to the authority provided in Title 2.2, of the Code of Virginia and the federal Drug Free Workplace Act. This policy supersedes Policy 1.02, Alcohol and Other Drugs, issued July 1,1991.
The Director of the Department of Human Resource Management is responsible for official interpretation of this policy, in accordance with Virginia Code §2.2- 1201. Questions regarding application of this policy should be directed to the Department of Human Resource Management’s Office of Agency Human Resource Services. The Department of Human Resource Management reserves the right to revise or eliminate this policy as necessary.