Drug and Alcohol Policy

ADMINISTRATIVE POLICY

 

Drug and Alcohol Policy
Responsible Office(s)
Contact Information (email and phone)
Date Proposed
Effective Date

Permanent or Temporary
Permanent

Policy Statement

Employees are prohibited from the unlawful manufacture, distribution, sale, possession, or use of illegal drugs (as defined by state or federal laws and regulations) in the workplace. Employees may not report to work under the influence of alcohol or illegal drugs.

Purpose and Scope

The purpose of this policy is to provide guidance regarding drug and alcohol use for all employees and applicants.

Applicability of this Policy

This policy applies to all staff and faculty employees.

Definitions

Controlled Substance: a drug or chemical whose manufacture, possession, or use is regulated by a government, such as illicitly used drugs or prescription medications that are designated by law.

Under the Influence: refers to impairment, to any degree, of an individual’s ability to safely perform the activity in question as a result of the use of alcohol, drugs, or a combination of both.

Policy and Procedures

The purpose of this policy is to provide guidance regarding drug and alcohol use for all employees and applicants. According to the provisions of the Drug-Free Workplace Act of 1988, and the Drugfree Schools and Communities Act amendments of 1989, employees are prohibited from the unlawful manufacture, distribution, sale, possession or use of illegal drugs (as defined by state or federal laws and regulations) in the workplace. Employees may not report to work under the influence of alcohol or illegal drugs. As dictated by job duties, designated employees may be subject to drug and alcohol testing and are considered covered under this policy.

Employees and applicants are strictly prohibited from possessing, manufacturing, distributing, storing, consuming, or otherwise using alcohol and illegal drugs, as defined by state or federal laws and regulations, on Tulane University’s premises and worksites, at Tulane University activities, or in any Tulane University vehicle.

On occasion, Tulane University permits alcohol consumption on its premises for Tulane University sponsored functions or at other work-related functions. Employees are expected to abide by Tulane University’s standards of conduct when attending these functions (such as refraining from becoming intoxicated).

The consumption, possession, sale or purchase of alcohol at any University-sponsored business or social functions held on or off campus must have the prior approval of your Senior Vice President and must be served in alignment with the University’s Alcohol Policy.

Whenever use or abuse of any controlled substance (such as alcohol or other drugs) interferes with a safe workplace, appropriate action will be taken. Failure to adhere to the guidelines outlined in this policy may impact an employee’s employment status or an applicant’s ability to gain employment status.

Employees convicted of illegal drug activity must notify Tulane within five (5) days of conviction. Drug and Alcohol Testing:

As part of the hiring process, Tulane University conducts drug and alcohol tests for the following personnel:

  • Tulane Police Department employees;
  • Shuttles and Transportation department drivers; 
  • employees who have access to Biosafety Level 3 Laboratories; 
  • employees without access to Biosafety Level 3 Laboratories, but work in Biosafety Level 3 Laboratories under the supervision of employees with access; 
  • employees who have access to controlled drug storage boxes at the Tulane National Primate Research Center; and 
  • any other position that, for reasons of health and/or safety, necessitate performance of a pre-employment drug and alcohol test. 

Applicants are advised of the drug and alcohol testing requirements in detail prior to an offer of employment. Applications for employment will not be processed unless applicants submit to drug and alcohol testing procedures.

Employees may be tested for drugs or alcohol:

  • for reasonable suspicion
  • on a random basis and at least annually if they occupy driver positions; 
  • according to government contracts with state or federal government agencies; 
  • following accidents, specifically when required by law or when there is a reasonable possibility that drug or alcohol use was a causal factor in the incident; 
  • when required by state or federal laws and regulations or by other contractual obligations.   

Employees who drive motor vehicles carrying more than 16 passengers, trucks weighing more than 26,000 pounds, and/or vehicles used to transport materials considered to be hazardous under the Hazardous Materials Transportation Act and required to be placarded under the Hazardous Materials Regulations are subject to the Department of Transportation (DOT) alcohol testing rules. Under DOT regulations, employees who operate vehicles requiring a commercial driver’s license are subject to drug testing as well as any drivers who operate a commercial motor vehicle as defined by DOT.

DOT policy dictates applicable employees are tested if they are involved in an on-the-job vehicle accident and are cited for a moving vehicle violation; note that both these conditions must be met. To be valid, a Breathalyzer test must be administered within two hours of an accident and a drug test must be conducted within 32 hours of an accident. Applicable employees are prohibited from using alcohol or controlled substances following an accident until they have been tested.

Once selected for such drug and alcohol testing, employees must sign and submit all applicable consent forms. Refusal by an employee will be treated as a positive drug test result and will result in immediate termination of employment.

A contract medical facility conducts the tests, analyzes the results, and counsels covered employees regarding the outcome of the test(s). The contract medical facility and its laboratory must be certified for drug and alcohol testing by the U.S. Department of Health and Human Services. Only personnel trained in the use of equipment and taking specimens can be involved in the drug and alcohol testing process.

The contract medical facility’s Medical Review Officer also must be certified as a substance abuse professional. Tulane University will rely on the Medical Review Officer to provide appropriate documented data and testimony if the test results in an adverse personnel action.

Consequence of Violating the Policy

Violation of this policy may result in disciplinary action, up to and including termination and/or criminal prosecution.