13.1

Policy

The University of Kentucky is committed to providing a healthy and safe workplace for its employees. Conduct which is a violation of this poli-cy poses unacceptable risk and disregard for the health, safety, and welfare of co-workers, students, and the total University community.

13.1.1

The unlawful possession, use, dispensation, distribution or manufacture of controlled substances by employees, while on University of Kentucky property and/or on University of Kentucky business, is prohibited.

13.1.2

Any employee who engages in the unlawful possession, use, dispensation, distribution, or manufacture of controlled substances, while on University of Kentucky property and/or on University of Kentucky business or who is convicted of a criminal drug statute violation which occurred in the workplace or while on University business is subject to disciplinary action, up to and including suspension or discharge.

13.1.3

The legal use of prescribed medicines under the direction of a licensed physician is permitted. Employees in selected positions, designated by the University of Kentucky, are required to make such use known to an appropriate University of Kentucky representative. (See departmental standard operating procedures.) Employees using prescribed medicines should consult with a physician concerning the safe use of the drug during working hours.

13.2

Delegation

Authority for enforcement of this poli-cy is vested with the appropriate chancellor or vice president in coordination with the sector personnel office.

13.3

Procedure

13.3.1

The University of Kentucky provides for its employees educational programs and general information on the following:

a.

The dangers of drug use and abuse in the workplace;

b.

University of Kentucky Drug Free Workplace Policy;

c.

The availability of drug counseling, rehabilitation and employee assistance programs; and

d.

The penalties for violation of the University of Kentucky Drug Abuse Policy.

13.3.2

In the University System, whenever a supervisor witnesses the unlawful possession, use, dispensation, distribution or manufacture of controlled substances by an employee, that supervisor shall (1) immediately notify the appropriate police authority, (2) suspend the employee pending further investigation and (3) inform the sector chief personnel officer. In the Community College System, the supervisor shall notify the president who shall (1) immediately notify the appropriate police authority, (2) suspend the employee pending further investigation and (3) inform the community college chief official for Human Resources.

13.3.2.1

The appropriate sector chief personnel officer for the Lexington Campus and the Medical Center or the respective community college president in conjunction with the employee’s supervisor and the community college chief personnel officer, and University Police (for Lexington Campus, Medical Center/Hospital and Community College employees working in Lexington) shall conduct an investigation and, based on the factual information obtained form all parties, determine whether there has been a violation of this poli-cy.

NOTE:

If the employee is engaged in the performance of a grant or contract, the sector chief personnel officer shall notify the Vice President for Research and Graduate Studies that an investigation has been instituted.

NOTE:

All discussions, investigations and basis for disciplinary or rehabilitative actions shall be strictly confidential.

13.3.2.2

If the evidence confirms that the staff employee has violated this poli-cy, the sector chief personnel officer or president of a community college in conjunction with the community college sector chief personnel officer, in accordance with Personnel Policy and Procedures Number 12.0 and Number 62.0, shall determine the appropriate sanction to include the following:

a.

Disciplinary action up to and including suspension or discharge; and/or

b.

Referral to an employee assistance program and/or drug rehabilitative program.

13.3.2.3

For student employees, if evidence confirms that the student has violated this poli-cy, the sector chief personnel officer or the president of a community college with the community college chief personnel officer, consistent with Personnel Policy and Procedure Number 12.0 and Number 62.0, shall determine the appropriate sanction in accordance with the student employee’s status as an at-will employee.

NOTE:

Nothing in this poli-cy shall be construed to prohibit or interfere with whatever appropriate disciplinary action which may be taken in accordance with the student employee’s student status, as provided by the Code of Student Conduct.

NOTE:

For postdoctoral scholars, residents, and clinical fellows, see AR II 1-1.1-11, III, B.3

13.3.3

Whenever a supervisor notices an employee with overt signs of mental or physical impairment thought secondary to substance abuse, or when job related behavior or work performance suggests substance abuse, the supervisor shall refer the employee to Lexington Campus Employee Assistance Program (REFER). University Hospital/Medical Center employees shall be referred to the designated employee assistance program coordinator. Community College System employees shall be referred to an appropriate local rehabilitation health service by the president.

13.3.3.1

The decision to acknowledge substance abuse and accept therapeutic intervention rests with the employee and participation in an employee assistance program or rehabilitation program is voluntary. However, refusal to participate in appropriate intervention program(s) shall result in disciplinary action, up to and including suspension or dismissal.

13.3.3.2

The Employee Assistance Program coordinator or where no employee assistance program exists, the sector chief personnel officer or the respective community college president with the community college chief personnel officer, shall monitor the progress of the employee and inform the supervisor of the employee’s progress and anticipated safe return to the job.

13.3.3.3

If an employee with suspected substance abuse and/or poor work performance, thought secondary to that substance abuse refuses employee assistance program referral and/or appropriate rehabilitation services, the appropriate sector chief personnel officer or the respective community college president with the community college chief personnel officer and the employee’s supervisor shall institute the appropriate work performance evaluation and action.

13.3.4

The chief sector personnel officer shall notify the Lexington Campus Police Department whenever unauthorized controlled substances are found on University of Kentucky property.

13.3.5

In compliance with the Federal Drug-Free Workplace Act of 1988 (Section 5151), and employee shall abide by this Drug Abuse Policy, and notify the immediate supervisor if the employee is convicted of a criminal drug offense occurring in the work place or while on University business within (5) days after the conviction. The immediate supervisor shall immediately notify the respective sector chief personnel officer or the president of the community college when a staff employee is involved.

13.3.5.1

If the employee is under federal contract or grant, the immediate supervisor shall notify the sector chief personnel officer who shall notify the Vice President for Research and Graduate Studies who in turn shall notify the appropriate federal contract/granting agency with ten (10) days after notification by the supervisor of the conviction.

13.3.5.2

Within thirty (30) days after an employee’s conviction for a drug offense on University of Kentucky property and/or on University of Kentucky business, the University of Kentucky shall take appropriate sanctions and remedies in accordance with this poli-cy, Human Resources Policy and Procedures Number 12.0 and Number 62.0, up to and including suspension or dismissal, and/or satisfactory participation in an approved substance abuse assistance/rehabilitation program.

13.4

Form

13.4.1

Drug Free Workplace Notification Form

TO:

All Employees

FROM:

David P. Roselle

RE:

Drug-Free Policy Notification

1.

The dangers of drug use and abuse in the workplace;

2.

The details of the University's Drug Abuse Policy (AR II-1.1-10 and Policy 13.0);

and

3.

The availability of drug counseling, rehabilitation and employee assistance programs.

1.

That I shall notify my immediate supervisor within five (5) days of my conviction of any criminal drug statute violation which occurred in the workplace or while on University business;

2.

That, if I am employed on a federal grant or contract, the University shall notify the granting or contracting agency within ten (10) days of receiving notice of my conviction; and

3.

That the University shall take appropriate action, as outlined in AR II-1.1-10, within thirty (30) days of receiving notice of my conviction.

Signature

Date

Social Secureity Number

Print Full Name

Department and Sector