MEMORANDUM. Employees. Human Resources AGENCY DRUG-FREE WORKPLACE POLICY

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Cecilia Bathsheba Harrington
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1 MEMORANDUM TO: FROM: RE: Employees Human Resources AGENCY DRUG-FREE WORKPLACE POLICY Attached is a copy of the Mississippi Department of Health s established Drug-Free Workplace Policy. This policy reflects the agency s concern for employees, patients and clients. Employees who engage in chemical substance abuse on the job pose a serious threat to the safety, security, and job satisfaction of other employees, and to the safety of persons served by the Agency. In order to insure compliance with the Drug-Free Workplace Act of 1988 (PL ), please read and sign the attached policy, retain a copy for yourself, and return the original to your Office Director, District Administrator, District Deputy Director, Office Manager or Supervisor who in turn will be responsible for forwarding it to Human Resources. Your compliance with this policy will insure that the Mississippi Department of Health remains a safe, satisfying and enjoyable place to work and to provide high quality, safe health service to the public. Attachment s/l/agency drug-free workplace policy eff date 5/1/90 rev date 01/28/05 rev date 01/17/07

Employees who engage in chemical substance abuse on the job pose a serious threat to the safety, security, and job satisfaction of other employees, and to the safety of persons served by the Agency.

2 MISSISSIPPI STATE DEPARTMENT OF HEALTH SUBSTANCE ABUSE & DRUG FREE WORKPLACE ABUSE POLICY MSDH is a substance/drug-free agency and strict adherence to such policies is required by all MSDH employees, contracted personnel, contractors, subcontractors, grantees, sub-grantees, their employees, and by other contractually-related Human Resources. An employee violating the MSDH s substance/drug-free workplace policy could pose a danger to himself/herself as well as other employees, clients, etc. Compliance shall be notified immediately in such situations. Compliance will coordinate any further action and/or reporting. MSDH eff date 5/98 Employees must abide by this policy as a condition of employment with the Mississippi State Department of Health. Violations may result in disciplinary action up to and including termination. I hereby state and affirm that I have read and understand the Mississippi State Department of Health s Substance Abuse & Drug Free Workplace Abuse Policy. I further certify that I shall abide by these terms as a condition of my employment. Please Print Name Signature Social Security Number Date

An employee violating the MSDH s substance/drug-free workplace policy could pose a danger to himself/herself as well as other employees, clients, etc.

3 MISSISSIPPI STATE DEPARTMENT OF HEALTH SUBSTANCE ABUSE & DRUG FREE WORKPLACE ABUSE INFORMATION Law The Mississippi State Department of Health (MSDH) is required by the Drug-Free Workplace Act of 1988 (PL ) to maintain a drug-free workplace. The law was passed in November, It directs grantees receiving federal funding to establish and communicate policies on drug awareness to all employees, as well as to report workers convicted of workplace related drug activities to the respective federal agency. The law also requires individuals who are awarded government contracts to certify they will not engage in illegal drug activities while performing the contracted work. Agency Implementation The Mississippi State Department of Health is committed to maintaining a safe and healthful work environment which enhances the welfare of its employees, clients and visitors. It is the policy of the Agency to maintain an environment which is free of substance abuse by any of its employees. Our clients and the Mississippi State Department of Health expect employees to arrive for work in a condition free of the influence of alcohol and controlled substances and to refrain from their use, possession or sale on the work site. Purpose The purpose of the policy is: - to establish and maintain a safe, healthful working environment for all employees; - to reduce the number of accidental injuries to persons or property; - to reduce absenteeism and tardiness, and improve productivity; and - to provide rehabilitation assistance for any employee who may seek such help. Definitions Terms applied in the policy are defined as follows: 1. Alcoholic beverage - any beverage, including beer, with an alcoholic content in excess of 1% of alcohol by volume. 2. Controlled substance - a controlled substance outlined in (a) schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812), (b) regulation at 21 CFR through , and (c) Mississippi Code Annotated sections through Conviction - a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. 4. Criminal Drug Statute - a Federal or non-federal criminal statute involving the manufacture, distribution, dispensing, use or possession of any controlled substance.

It directs grantees receiving federal funding to establish and communicate policies on drug awareness to all employees, as well as to report workers convicted of workplace related drug activities to

4 5. Drug-Free Workplace - a site for the performance of work done in connection with a specific grant at which employees of the grantee are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance. 6. Drugs - intoxicating/alcohol beverages, mood altering substances of any nature, and controlled substances of which the sale or consumption is illegal as defined by state or federal statutes, or any drug or controlled substance which is available upon order of a licensed medical practitioner which has been obtained without a valid medical prescription order from a licensed medical practitioner. 7. Employee - the employee of a grantee directly engaged in the performance of work pursuant to the provisions of the grant. 8. Federal agency - any United States executive department, military department, government corporation, government controlled corporation, any other establishment in the executive branch (including the Executive Office of the President), or any dependent regulatory agency. 9. Grant - an award of financial assistance, including a cooperative agreement in the form of money, or property in lieu of money, by a Federal agency directly to a grantee. 10. Grantee - a person or agency who applies for or receives a grant directly from a Federal agency. 11. Individual - a natural person. Policy The policy will be enforced uniformly with respect to all employees. 1. The unlawful manufacture, distribution, dispensing, administering, possession, or use of a controlled substance or illegal drug on the work site or while performing Agency business is strictly prohibited. To do so constitutes a Group Three Offense under the State Personnel Board Regulations 9.10(C)(2) and (3). Commission of one (1) Group Three Offense may result in termination of employment. Illegal use of controlled substances in the workplace will be reported to law enforcement officials, licensing and credentialing agencies when determined appropriate by the Agency. Such referrals will be done only after consultation with the Office of Compliance. 2. No alcohol beverage will be brought or consumed on an Agency work site. 3. Prescription drugs may be brought on the work site. Such drugs must be used only in the manner, combination and quantity prescribed, and must not impair the employee s ability to perform job responsibilities. 4. Over-the-counter medications that have mood or mind altering effects must be used in the manner, combination and quantity indicated by label instructions, and must not impair the employee s ability to perform job responsibilities. 5. Any employee whose off-duty abuse of alcohol, and/or illegal, prescription or over-thecounter drugs results in excessive absenteeism, tardiness, accidents, or poor work performance may face termination. 6. Employees must notify the Office of Compliance of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. The pertinent federal funding agency will be notified within ten (10) days after notice of an employee conviction. Within thirty (30) days of receiving a notice of an employee conviction, appropriate Human Resources action will be taken by the Agency, or the employee will be required to participate satisfactorily in a substance abuse assistance or rehabilitation program.

Drugs - intoxicating/alcohol beverages, mood altering substances of any nature, and controlled substances of which the sale or consumption is illegal as defined by state or federal statutes, or any

5 7. All other alcohol and/or illegal drug use will be reported to the Office of Compliance by the appropriate supervisor. 8. Any employee who feels that he/she has developed an addiction or dependence on alcohol or drugs is encourages to seek assistance. Requests for assistance will be confidential. Requests for assistance may be made directly to the District Deputy Director or Office of Compliance. Employees will be assisted with referrals to substance abuse assistance/rehabilitation programs. Rehabilitation itself is the responsibility of the employee. An employee seeking medical attention for alcohol or drug addiction is entitled to benefits under the state health insurance plan. Any employee of the Agency may be granted leave to avail himself/herself to a substance abuse assistance/rehabilitation program (refer to Leave Policy). The Agency reserves the right to require certified medical statements in order to determine under what conditions employees will be permitted to return to work. Professional employees who are involved in service delivery (e.g. nurses, pharmacists, physicians), with a substance abuse problem, will be required to participate in the rehabilitation program of their respective licensing agency or an organization/agency designated or approved by that authority prior to re-entry into the workplace. The Mississippi State Department of Health reserves the right to approve any rehabilitation program. s/l/agency drug-free workplace policy eff date 5/1/90 rev date 9/22/00

Requests for assistance may be made directly to the District Deputy Director or Office of Compliance. Employees will be assisted with referrals to substance abuse assistance/rehabilitation programs.

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