Introduction and Table of Contents

This policy reaffirms the standards of SUNY Polytechnic Institute regarding prohibition of drugs and alcohol in the workplace established in compliance with the federal Drug-Free Workplace Act of 1988. It is meant to assist employees in guiding their conduct which will increase productivity at work, and protect co-workers and students. The procedures listed provide instruction for supervisors when an employee appears to be impaired at work. These efforts will contribute to a safer work and learning environment for the SUNY Poly community. We all have the responsibility of keeping our campus safe. The use and abuse of alcohol and/or controlled substances has an effect on our campus. As a public employer, we must be dedicated to protecting the safety of the public that we serve, students that we educate and the employees that we work with. The following list reflects the major sections of this document:

 

Omnibus Transportation Employee Testing Act of 1991

Beginning on January 1, 1996, the Omnibus Transportation Employee Testing Act of 1991 (OTETA) mandates that certain employees in safety sensitive positions submit to drug and alcohol testing. Currently, SUNY Polytechnic Institute employees whose positions require the possession of a Commercial Driver's License (CDL) are the only employees subject to such testing.

To comply with OTETA, SUNY Polytechnic Institute will be performing mandated pre-employment, pre-assignment (promotion), reasonable suspicion, post-accident, random, follow-up, and return to duty drug testing of these employees. Employees in this status will be notified prior to the implementation of the drug and alcohol testing program. Offers of employment will be withdrawn for otherwise qualified applicants to safety sensitive positions who fail or refuse to take drug pre-employment test.

SUNY Polytechnic Institute will assist employees who have a drug or alcohol problem to recover provided the employee seeks and/or accepts assistance. However, SUNY Poly will take appropriate formal disciplinary action which can include penalties up to and including termination of employment in order to resolve drug or alcohol related performance and/or misconduct problems. Employees may be referred to the Employee Assistance Program (EAP) to aid in dealing with drug and/or alcohol problems.

EAP is a confidential information, assessment and referral program that provides employee requested services. Services include assessment for referral to the most appropriate community resource provider related to the emotional or physical illness, alcohol or drug related problem. Information provided to EAP is kept confidential. Employees who have drug and alcohol problems who would like to seek rehabilitative services though EAP or any other recognized rehabilitation program are encouraged to pursue help before they are determined to be in violation of the Drug-Free Workplace Act or fail the testing requirements of the Omnibus Transportation Employee Testing Act.

 

Federal Drug Free Workplace Act of 1988

The Federal Drug-Free Workplace Act of 1988 included the following requirements for employers receiving federal grants or contracts of over $25,000: 

• publish an anti-drug policy statement and provide it to employees
• establish a drug awareness program
• establish as a term and condition of employment that employees report within five days, any criminal convictions for drug-related activity in the workplace
• notify the awarding federal agency of employee convictions
• take personnel actions against workplace substance abuse
• make a good faith effort to comply with the Federal Drug-Free Workplace Act.

 

Employee Responsibilities

It is the policy of SUNY Polytechnic Institute that:

1. No employee shall use, sell, distribute, dispense, possess, or manufacture any alcoholic beverage, controlled substance or illegal drug at the workplace or while fulfilling employment obligation, on SUNY Polytechnic Institute property (including property leased or rented by SUNY Polytechinc Institute), while on duty, in a State vehicle, a vehicle leased or rented for State business, or a private vehicle being used for State business during the employees' work hours.

   "Controlled substances" refers to the hundreds of chemicals listed in the Controlled Substances Act by the federal government. All so-called "street drugs" (heroin, cocaine, crack, marijuana, speed, acid) are controlled substances.

   A person using a prescribed drug under a doctor's supervision is not breaking any law. The use of prescribed drugs without a physician's prescription is illegal.

2. After January 1, 1996, an employee notified of being in a safety sensitive position as defined by the rules of the OTETA is further prohibited from the use of alcohol four (4) hours prior to operating a Commercial Motor Vehicle (CMV). No supervisor having knowledge that an employee in such a position has used alcohol within four (4) hours shall permit that employee to operate a CMV.
3. No employee shall report for work unfit for duty at the beginning of a shift or upon returning from any break, lunch or rest period, as a result of consuming alcohol and/or illegal drugs. No employee notified of being in a safety sensitive position as defined by the OTETA shall report to work in a condition that violates the Act and the corresponding rules.
4. An employee on paid standby status shall remain fit for duty at all times in accordance with this policy.
5. While prescription drugs are not prohibited, they should not render an employee unfit for duty. Situations of this nature should be brought to the attention of the supervisor by the employee, especially if the employee's job responsibilities have an impact on the health and safety of others and/or has been identified as safety sensitive. These situations are to be addressed confidentially on a case-by-case basis and it may be necessary for the employee to provide certification from their physician that the prescription substance does not adversely impact fitness to do their job.
6. Work-related accidents or injuries involving State vehicles, equipment and/or property where it can be demonstrated that the use of alcohol or drugs may have been a contributing factor will result in formal disciplinary action which can include penalties up to and including termination of employment. Employees serving in safety sensitive positions shall be required to take post-accident alcohol and drug tests in accordance with the OTETA. A safety sensitive employee shall not use alcohol for eight (8) hours following an accident or until the employee undergoes the post-accident alcohol test, whichever occurs first.
7. An employee shall notify his/her Vice President, Dean or Director, in writing, of any criminal drug and/or alcohol statute conviction which results from a violation occurring no later than five (5) calendar days after the date of conviction (Drug-Free Workplace Act of 1988). The Vice President, Dean or Director who has been notified of such conviction must inform the Vice President for Human Resources within twenty-four (24) hours of receiving the information from the employee.
8. Article 19A, Section 509(I) of the NYS Vehicle and Traffic Law states that a driver notified that their license, permit, or privilege to operate a motor vehicle has been revoked, suspended or withdrawn or who is convicted of a violation of such provisions of this chapter as shall constitute a misdemeanor or a felony in any jurisdiction shall notify the motor carrier (Director or supervisor) that employs such person of the contents of the notice before the end of the business day on which it is received. A driver who fails to notify their employer of such suspension, revocation, or conviction of a violation of such provisions of this chapter as shall constitute a misdemeanor or felony shall be subject to a five (5) working day suspension, or a suspension equivalent to the number of working days such driver was not in compliance with this article, whichever is longer.
9. An employee may be directed to undergo medical examination and/or testing under Section 72 of the NYS Civil Service Law, at the expense of SUNY Polytechnic Institute if the supervisor (or trained official) suspects that the employee is not able to perform his or her duties as a result of alcohol or controlled substance related disabilities. Employees in safety sensitive positions must undergo alcohol and/or drug testing when the supervisor (or trained official) has "reasonable suspicion" to believe the employee has violated the alcohol and drug prohibitions of the OTETA. A reasonable suspicion must be based on specific reliable observations about the employee's appearance, behavior, speech, or body odors. Some examples would be: an unsteady gait, the odor of alcohol on the breath, thick or slurring speech, abusive language or behavior, disorientation or lethargy. Other factors to consider include: the employee's time and attendance pattern, on-the-job accidents, difficulty remembering instructions or conversations, poor relationships with co-workers, supervisors, and other members of the campus community. Usually, reasonable suspicion will be based upon a combination of factors.
10. Violation of the provisions of this "Policy on Alcohol and Substance Abuse in the Workplace" may result in disciplinary action up to and including termination of employment according to the terms of the bargaining unit contract of the specific union involved, and referral for prosecution, independent of action taken by the civil authorities.

  

Supervisory Responsibilities

It is the policy of SUNY Polytechnic Institute that:

1. Supervisors (or trained official) are responsible for determining, through direct observation, whether an employee is capable of performing the duties assigned. Signs or symptoms of being under the influence of alcohol and drugs include incoherent or belligerent speech, smell of alcohol, difficulty working or erratic or unusual behavior uncommon to the employee (see 9. under Employee Responsibilities, above).
2. Employees suspected of being unfit for duty may not remain at the workplace. Such incidents and situations, as described in 1. above should be witnessed and documented in writing immediately. An employee who is impaired should not be permitted to drive home from the workplace (see 3. below).
3. After reasonable suspicion testing issues have been resolved, the supervisor (or trained official) should arrange to send the employee home with a member of the employee's family or with a friend of the employee or in a taxi, at the employee's expense. If all other alternatives have been exhausted, a supervisor may allow the employee to be driven home in a State vehicle.
4. Employees suspected of being unfit for duty as a result of alcohol or drug use should be directed for medical examination by physicians identified by SUNY Polytechnic Institute. Employees covered by the OTETA must immediately be referred for testing.
5. The fact that an employee suspected of being unfit to perform their duties due to the influence of alcohol or drugs is not considered a disciplinary suspension. After an employee is removed from the workplace the supervisor(s) and manager(s) should discuss whether disciplinary charges or other administrative actions should be brought to Human Resources. Each situation requires a case-by-case review.
6. If an employee displays dangerous, aggressive, or abusive behavior which constitutes a danger to persons or property and resists voluntarily leaving the workplace, clearance to suspend the employee, under the provisions of the disciplinary procedures of the appropriate union contract, is to be arranged and completed by Human Resources. If necessary, University Police should be contacted to assist in the removal of the employee from the workplace.
7. An employee who reports to work unfit for duty and is sent home, using sick leave accruals or sick leave without pay, may be subject to medical exam at the expense of SUNY Polytechnic Institute as a condition of returning to work. In such cases, the appropriate staff of the Human Resources Office should be contacted for advice and assistance.

Management Responsibilities

It is the policy of SUNY Polytechnic Institute that:

1. Annual drug and alcohol training be given to supervisors
2. A drug and alcohol free workplace be maintained.
3. Appropriate corrective actions be taken with managers and supervisors who fail to perform the duties and responsibilities outlined in this policy.
4. Managers and supervisors will discuss with employees any behavior or job performance factors that may indicate the use of drugs, alcohol, or other violations of this policy and, when appropriate, suggest that the employee(s) seek assistance through the EAP.
5. After January 1, 1996, managers will direct employees in designated safety sensitive positions to mandatory pre-employment, pre-assignment, reasonable suspicion, random, post-accident, return-to-duty, and follow-up testing in accordance with the OTETA. Managers should also direct other employees under their supervision believed to be unfit for duty for medical examination.
6. All employees and supervisors understand and comply with the Drug Free Workplace Act of 1988 and the OTETA testing procedures. SUNY Polytechnic Institute will train supervisors and managers how to recognize behaviors which indicate that reasonable suspicion exams or alcohol or drug testing is appropriate.

 

Resources

SUNY Poly University Police Department (available 24/7)

Utica Campus Kunsela Hall, Room B126 100 Seymour Road Utica, NY 13502 315-792-7111

Albany Campus Nano Fab East #1701 257 Fuller Road Albany, NY 12203 518-437-6800

Anonymous disclosures of crimes can be made to University Police via the anonymous witness form at: sunypoly.edu/university-police/anonymous-witness-form. Please note that this online system is not designed for immediate response.

Local Law Enforcement (911 also for emergencies)

Utica Area Oneida County Sheriff’s Office 6065 Judd Road Oriskany, NY 13424 315-736-0141

Albany Area Albany Police Department Headquarters 165 Henry Johnson Blvd. Albany, NY 12210 518-438-4000

SUNY Poly Human Resources

Utica Campus Kunsela Hall, Room A011 100 Seymour Road Utica, NY 13502 315-792-7191

Albany Campus NFE Suite 2100 257 Fuller Road Albany, NY 12203 518-437-8686

Any New York State employee may contact NYS EAP by calling 1-800-822-0244 or visit their website at https://goer.ny.gov/employee-assistance-program.  The local regional offices are as follows:

Albany – 518-465-3813

Syracuse – 315-428-4963

Utica/Binghamton – 315-793-2518 

 

For More Information...

New York State Substance Abuse Hot Line
1-800-522-5353

National Council on Alcoholism and Drug Dependent Hot Line
1-800-NCA-CALL

Cocaine Anonymous Worldwide Services
1-800-347-8998

 

Biennial Reviews and Policy on Drugs and Alcohol (pdf)