Drug-Free Workplace and Drug-Free Schools and Communities Act Statement
As a recipient of federal aid and federal grants, the University must certify under the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989 that it will take certain steps to provide a drug-free workplace.
This policy applies to all employees of Washington and Lee University.
Alcohol and Drug Use in the Workplace
As a recipient of federal aid and federal grants, the University must certify under the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989 that it will take certain steps to provide a drug-free workplace. The possession, use, consumption, sale, dispensing, distribution or manufacture of alcohol or controlled substances is prohibited on University property, while conducting University business or as a part of University activities, except on occasions when the consumption of alcoholic beverages in a social setting is authorized and sponsored by the University. Employees who violate this policy will be subject to appropriate disciplinary action, consistent with local, state and federal law, which may include counseling, mandatory participation in an appropriate rehabilitation program, unpaid suspension from employment, loss of the privilege of operating a W&L vehicle, and/or termination of employment and referral for prosecution.
Employees are prohibited from working, and from operating any W&L vehicle or equipment, while under the influence of alcohol or non-prescribed controlled substances. Employees using prescribed or over-the-counter medication are prohibited from operating W&L vehicles or equipment at any time when their ability to do so might be impaired by the medication. In addition, no passenger in a W&L vehicle may consume alcoholic beverages or use non-prescribed controlled substances while in the vehicle.
In furtherance of its commitment to a safe workplace and a safe learning environment, with a workforce free of alcohol or drugs that may impair judgment and job performance and result in injury to self or others, the University reserves the right to require testing of employees for alcohol (including medications containing alcohol) or illegal or controlled substances, on the basis of reasonable suspicion.
Any employees who are directly engaged in the performance of work pursuant to the provisions of a federal grant or contract are required under the Drug-Free Workplace Act to notify their supervisors within five days of a conviction for a drug-statute violation occurring in the workplace. Additionally, employees must report any drug-related or alcohol-related misdemeanor or felony conviction to the Office of Human Resources (see p. 61 of the Employee Handbook).
In accordance with the Drug-Free Schools and Communities Act of 1989, the University will distribute annually to employees information on applicable legal sanctions and health risks associated with the unlawful possession or distribution of alcohol or illegal drugs, and a description of drug and alcohol treatment programs available to members of the University community. The most recent Annual Notice to Employees is available at http://www.wlu.edu/human-resources/employment/resources-for-current-employees/annual-notices-to-employees/drug-free-schools-and-communities-act-annual-notice-to-employees. Separate from the legal requirements, the University is concerned with the health and well-being of members of the University community. Employees may contact the executive director of Human Resources, in confidence, for referrals or information regarding available and appropriate substance counseling, treatment or rehabilitation programs. In addition, employees may avail themselves of the Employee Assistance Plan, which provides confidential consultation and resources for issues such as child care and elder care; alcohol and drug abuse; life improvement; difficulties in relationships; stress and anxiety with work or family; depression; personal achievement; emotional well-being; financial and legal concerns; and grief and loss. The University group health plan offers comprehensive coverage for substance abuse treatment, and patients may make direct contact with the insurer with no physician or employer referral required.
Washington and Lee University is committed to compliance with the provisions of the Omnibus Transportation Employee Testing Act of 1991 ("the Act") and to attracting and maintaining a workforce free of alcohol and drugs, which can impair judgment and job performance and may result in accident or injury to self, other employees, students, or visitors. Employees who are required to maintain a valid commercial driver's license ("CDL") because they either regularly or occasionally operate a commercial motor vehicle with a gross vehicle weight rating or gross combination weight rating of 26,001 or more lbs, or with the capacity to carry 16 or more passengers (including the driver), or of any size that is used to transport hazardous materials which require the vehicle to be placarded, are subject to pre-employment, reasonable suspicion, random, post-accident, return to duty, and follow-up testing, as mandated by the Act and described at http://www.dot.gov/ost/dapc.
This policy has not yet been revised.