STATE OF WYOMING SUBSTANCE ABUSE POLICY

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1 Execati.ve Order STATE OF WYOMING SUBSTANCE ABUSE POLICY I. Purpose - Employees are Wyoming State Government's most valuable resource and their health and safety is a' major concern. Substance abuse is a national crisis which has detrimentally affected the lives of many citizens and has adversely affected the work place. The State of Wyoming will not tolerate substance abuse or use which affects the health and well-being of its employees or threatens its service to the public. The State of Wyoming is committed to maintaining a safe and healthy work force, free from the. influence of substance abuse. Additionally, the State of Wyoming will comply with the requirements of the f=ederal Drug-Free Work Place Act of I986, The use of illegal drugs and abuse of controlled substances, on or off duty, is illegal. Employees who use illegal drugs or abuse controlled substances or alcohol, on or off duty, may be less productive, less reliable and prone to absenteeism resulting in increased cost, delay and risk in providing services. Ultimately, they may threaten the State's ability to effectively and safely service the public. 2. Policy - it is the policy of the State of Wyoming to maintain a work place free of substance abuse. Reporting to work or performing work for the State while impaired by or under the influence of illegal drugs or alcohol is prohibited. Testing for drug or alcohol use is not required in determining whether an employee is impaired by or under the influence of drugs or alcohol. Eyewitness evidence of unusual behavioral and physical signs and symptoms can be used to determine whether an employee is impaired or under the influence of drugs or 'alcohol. The illegal use, possession, dispensation, distribution, manufacture, or sale of a controlled substance by an employee in the work place is prohibited. Violation of such prohibitions by an employee shall result in discipline in accordance with the State of Wyoming Personnel Rules and applicable agency policies and procedures. The conviction of an applicant or employee for the illegal use, possession, dispensation, distribution, manufacture, or sale of a controlled substance outside the work place shall be taken into consideration in determining job qualifications or in administering disciplinary action up to and including dismissal. Employees shall notify their agency of any criminal drug statute conviction not later than five (5) days after such conviction. Agencies that receive federal grants or contracts must report any criminal drug statute convictions of their employees engaged in the performance of a federal grant or contract, to federal agencies from which grants or contracts are received within ten (10) days after receiving notice from the employee or otherwise receives actual notice of such conviction.

2 All employees shall be given a copy of the Substance Abuse Policy. Employees shall be informed that they must abide by the terms of the policy as a condition of employment and of the consequences of any violation of such policy, 3, Awareness Program - State agencies shall inform employees about the dangers of substance abuse by establishing a Substance Abuse Awareness Program. The Substance Abuse Awareness Program shall contain provisions to Inform employees about the: (1) dangers of alcohol and drug abuse; (2) State of Wyoming Substance abuse Policy; (3) availability of effective treatment and counseling for employees who voluntarily seek such assistance; and (4) sanctions the State will impose for violations of its Substance Abuse Policy. Sanctions imposed shall be done in accordance with the State of Wyoming Personnel Rules SUBSTANCE ABUSE POLICY GUIDELINES The purpose of these guidelines Is to assist State agencies in the administration of the State`s substance abuse policy. The policy statement is a written description of the State's position regarding substance abuse and the guidelines were developed to provide guidance In supporting that position. Questions concerning the State's substance abuse policy and these guidelines should be directed to the State Human Resources Division. Substance Abuse Policy Definitions: (1) "Substance" means alcohol or drugs. (2) "Alcohol" means ethyl. alcohol or ethanol, (3) "Drugs" means any substance including controlled substances and prescription drugs, taken into the body, other than alcohol, which may impair one's mental faculties, change one's mood and/or physical performance. (4) "Abuse" means: a. Any use of an Illegal drug: b, Misuse of any over-the-counter drug in cases where such misuse impairs job performance; c. Use of any prescription drug in a manner Inconsistent with its medically prescribed Intended use, or under circumstances where use is not permitted; d. Use of alcohol where use impairs job performance; and (5) "Work Place" means a State-owned or utilized premise for official State business. This also Includes State-owned vehicles and personal vehicles which are being used to conduct State business, (6) "Controlled Substance" means a drug, substance, or immediate precursor in schedules I through V of Article ill of the Wyoming Controlled Substance,Act of Federal and State Handicapped Discrimination Laws

3 State agencies which receive federal financial assistance are covered by the handicapped discrimination in employment provisions of the Vocational Rehabilitation Act of All State agencies must comply with the Wyoming Fair Employment Practices Act of 1965, which prohibits discrimination in employment on the basis of handicap. Under the above laws, a "handicapped" person means any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment. Drug addiction and alcoholism are "physical or mental impairments" within the meaning of state and federal laws. Therefore, employees addicted to drugs and/or alcohol are handicapped if their impairment substantially limits one of their major life activities and have a record of such impairment or are regarded as having such impairment. it must be emphasized that the state and federal laws and regulations apply only to discrimination against qualified handicapped persons. The fact that drug addiction and alcoholism may be handicaps does not mean that these conditions must be ignored in determining whether an individual is qualified for employment opportunities. An agency may hold an employee addicted to drugs and/or alcohol to the same standard of performance and behavior to which they hold others, even if any unsatisfactory performance or behavior is related to the person's drug addiction or alcoholism. While an employee addicted to drugs and/or alcohol may not be denied employment or adversely affected solely because of his or her addiction, the behavioral manifestations of the condition may be taken into account in determining whether he or she is qualified. An agency does not have to hire an applicant with a known addiction to drugs or alcohol when the addiction prevents successful job performance. An agency may consider, for all applicants and employees, past work history, absenteeism, disruptive, abusive or dangerous behavior, violations of rules or laws, and unsatisfactory work performance in determining suitability for employment. Agencies shall enforce rules prohibiting the possession or use of alcohol ar illegal drugs in the work place equally and in a nondiscriminatory manner. Both state and federal laws require an employer to make a reasonable accommodation to the known physical or mental limitations of a handicapped applicant or employee unless the employer can demonstrate that the accommodation would Impose an undue hardship. Where a handicapped person Is not qualified to perform a particular job, where reasonable accommodation does not overcome the effects of a person's handicap, or where reasonable accommodation causes undue hardship to the employer, the failure to hire or promote the handicapped person will not be considered discrimination. Reasonable accommodations may include modification of work schedules, including part-time employment, job restructuring or granting authorized leave to enroll in and attend a treatment program. Policy Dissemination Agency heads should ensure that all employees are informed of the State's substance abuse policy and implementing guidelines. Supervisors should be trained in monitoring and. documenting behaviors affected by substance abuse, such as attendance, presence at the work site, alertness, safety practices, quality and quantity of work, and personal interactions with clients, co-workers, and the public. Documentation Documenting incidents involving possible substance abuse in the work place is necessary in identifying and effectively dealing with the problem. Proper documentation is essential in providing assistance to an employee or, If necessary, justifying disciplinary action. The following steps should be taken to assure that proper documentation is made:

4 Document signs of unusual behavior and deteriorating Job performance of each employee. Although the abuse of drugs er alcohol are personal problems, it becomes important to management when it affects the employee's job performance. Be specific in documenting when and where you observe signs of unusual behavior and deteriorating job performance. The date, time and place of such Incidents is necessary for proper documentation. Note exactly what you observe concerning the employee 's conduct. Where possible, Include any supporting evidence to substantiate drug abuse or alcohol use. If there are other witnesses, it is important to note who they are and record their comments. If an employee admits to drug or alcohol use, record his/her exact response. Retrieve and preserve any physical evidence which you suspect may be alcohol or an illegal drug, Note the time and place when this was done so the exact nature of the substance can be accurately identified. Document the date and time that any signs of unusual behavior and deteriorating job performance are discussed'with an employee and record the content of the discussion. Treatment Referral When it appears that personal problems associated with substance abuse may be impacting job performance, management should assist the employee. If discussions do not succeed in changing the worker's behavior, management should; Express genuine concern to the employee about the lack of noticeable improvement, identify and explain the substandard work performance. Inform the employee that if the problem is personal, it is the employee's responsibility to resolve it. Call attention to the availability of community resources that offer confidential assistance for personal problems. Emphasize that lack of improvement in job performance could lead to disciplinary action. Diagnosis of alcohol or drug-related treatment problems can only be made by persons having the appropriate training and qualifications. Therefore, referral (other than selfreferral) for diagnosis, counseling, and/or treatment should be based solely on identified and documented work performance deficiencies. Self-referrals, as well as management referrals, to counseling and/or treatment should be afforded maximum respect for individual confidentiality consistent with safety and security issues. An employee's job should not be jeopardized in any manner solely because of referral for diagnosis, counseling or treatment. Agency management should consider the operational needs of the agency in authorizing leaves of absence for diagnosis, counseling, and treatment.. Disciplinary Action

5 Violation of the substance'abuse policy, which has been properly documented and substantiated, shall be considered just cause for disciplinary action in accordance with the State of Wyoming Personnel Rules, (Refer to state of Wyoming Personnel Rules, December 7, 2001, Chapter 1, Section 8)

6 Section 8. Substance Abuse. (a) Policy, It is the policy of the State of Wyoming to maintain a workplace free of substance abuse: 1-4 (1) Reporting to work or performing work for the State while impaired by or under the influence of illegal drugs or alcohol is prohibited, Testing for drug or alcohol use is not required in determining whether ars employee is Impaired by or under the influence of drugs or alcohol. Eyewitness evidence of. unusual behavioral and physical signs and symptoms can be used to determine whether an employee is impaired or under the Influence of drugs or alcohol. (II) The illegal use, possession, dispensation, distribution, manufacture or sale of a controlled substance by an employee In the workplace is prohibited. Oil) Violation of such prohibitions by an employee shall result iri discipline in accordance with the State of Wyoming Personnel Rules and applicable agency policies and procedures, (iv)the conviction of an applicant or employee fur the illegal use, possession, dispensation, distribution, manufacture or sale of a controlled substance outside the workplace shall be taken into consideration In determining job qualification or in administering disciplinary action up to and including dismissal. (v)employees shall notify their agency of any criminal drug statute conviction not later than five (5) days after such conviction. (vi)agencies that receive federal grants or contracts must report any criminal drug statute convictions of their employees engaged in the performance of a federal grant or contract, to federal agencies from which grants or contracts are received within tan (10) days after receiving notice from the employee or otherwise receives actual notice of such conviction. (vii)all employees shall be given a copy of the Substance Abuse Policy. Employees shall be informed that they must abide by the terms of the policy as a condition of employment and of the consequences of any violation of such polio/.