EXECUTIVE ORDER EO
92-01
ESTABLISHING GOVERNOR'S POLICY ON A
DRUG-FREE WORK PLACE
WHEREAS,
it is the responsibility of the State of Washington as a major employer of the
state, to provide a safe a and healthy work environment; and
WHEREAS,
a motivated and healthy work force is the state's greatest asset; and
WHEREAS,
it is essential that all employees who report to work be both mentally and
physically able to perform their duties in a satisfactory manner; and
WHEREAS,
the experience of Washington business and industry over the past century and a
half have amply demonstrated the negative effects of alcohol and other drugs on
the individual employee, his or her co-workers, and productivity itself: and
WHEREAS,
the costs to employers associated with the abuse of alcohol and other drugs
includes four times the likelihood of accidents; three times the average health
care costs; and increased absenteeism and turnover costs;
NOW,
THEREFORE, I, Booth Gardner, by virtue of the authority
vested in me as the Governor of the State of Washington, do hereby declare that
the following policy shall be the State policy for the establishment and
maintenance of a drug-free work place.
The provisions of this policy are:
1. All
state employees, regardless of employment status, shall comply with the policy
regarding a Drug-Free Work Place.
2. All
state employees who report to work must be in a condition fit to perform their
duties, unimpaired due to the use of alcohol or other drugs.
3. The
unlawful use, possession, delivery, dispensation, distribution, manufacture or
sale of drugs in state vehicles, on agency premises, or on official business is
prohibited. Documented evidence of illegal drug involvement will be given to
law enforcement agencies.
4. The
possession of alcohol by an employee is prohibited in state vehicles and on
agency premises, except when:
a) the premises are used and considered
exclusively as personal residences;
b) the premises are used by the Liquor
Control Board for purchase, distribution and sale pursuant to state law.
5. Employees
representing the State at official functions should exercise prudence in
consuming alcohol.
6. Employees
taking physician-prescribed or over-the-counter medications, if there is a
substantial likelihood that such medication-will affect job safety, must notify
their supervisor or other designated official of the fact that they are taking
a medication and the side effects of the medication.
7. Any
state employee found in violation of this policy will be subject to formal
action, up to and including dismissal. Except in cases of drug delivery or
sale, an employee may be offered the services of the Employee Advisory Service
(EAS).
8. State
agencies are to comply with the Federal Drug-Free Work Place Act of 1988. State
agency heads are responsible for developing and implementing procedures for a
Drug-Free Work Place. Attached is a suggested Model Drug-Free Work Place
program for state agencies. Please consider and, where appropriate, utilize the
suggested model program.
9. All
statutory, regulatory and collective bargaining requirements will be observed
by an agency in complying with this policy. Agencies which have bargained
specific provisions on this subject shall continue to honor the existing
provisions. However, should such negotiated provisions conflict or fail to meet
the standards set forth In this policy, the agency shall work towards
negotiating necessary changes in order to comply with this policy. All agencies
are encouraged to work with their employees and their certified representative
to best effect the implementation of the procedures for a Drug-Free Work Place.
Copies of this policy should be distributed to
all employees in a manner consistent with existing agency practice.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused
the seal of the State
of Washington to be
affixed at Olympia
this 23rd day of June
A.D., Nineteen hundred and ninety-two.
BOOTH GARDNER
Governor of Washington
BY THE GOVERNOR:
_________________________________
Secretary of State
SUGGESTED
MODEL DRUG-FREE WORK PLACE PROGRAM
FOR
STATE AGENCIES
I. PURPOSE
The term "drug-free work place" has
become commonplace due to the importance of the work place in the War on Drugs.
The 1988 "Omnibus Drug Act" codified the term and at 41 U.S.C.
33701-707 and set specific mandates for many employers.
The purpose of this guide is to list those
mandates, outline strategies for implementing them, and ensure that state
agencies serve as a model for the state.
The experience of business and industry over the
past century and a half amply demonstrate as to the negative effects of alcohol
and other drugs on the employee, their co-workers, and on productivity itself.
The costs to employers associated with the abuse of alcohol and other drugs include
an increase in accidents, absenteeism and turnover, disciplinary and corrective
actions, and increased health care costs. The costs to the employee include
family disintegration, deteriorating health, loss of employment and economic
security, and loss of self-esteem.
A. GOAL
The goal of a drug-free work place is to create
and maintain a working environment free from the use and effects of alcohol and
other drugs. To do so is to encourage a work place that is both safe and
productive one in which concern for employee health and welfare results in
tangible benefits for employers and employees alike, and one in which both
labor and management have a common stake in achieving those goals.
This guide proposes a drug-free work place
program. It is intended primarily as a suggested model for state agencies and
their employees.
In adopting these general principles and
practices to specific work circumstances, agencies are reminded that the goal
is universal work place acceptance of the drug-free value. Those organizational
practices that earn the greatest trust and confidence on the part of employees
are those with the most involvement from all segments of the employee
population.
One proven strategy for optimal input and
credibility is the formation of a drug-free work place advisory committee.
Bringing together representatives of labor, management, employees and other
interest groups, (wellness coordinators, safety officers, personnel), this
committee can implement policy and shape procedures of the program from the
beginning.
B. ELEMENTS
OF A COMPREHENSIVE APPROACH
Certain common elements have been adopted by
work place organizations that have instituted effective practices to address
alcohol and other drug problems among employees. The essential elements
include:
Drug-Free Work Place Program
1. A
strong policy statement, supported by both labor and management, emphasizing
that alcohol or other drug involvement in the work place is not tolerated;
2. Opportunity
for rehabilitation of employees whose use of chemicals has resulted in the
illness of chemical dependency;
3. Clear,
consistent, and serious sanctions for violations;
4. Education
and training for employees concerning the state's policy, the health aspects
and dangers of alcohol and other drugs, the agency's Employee Advisory Service
(EAS), and healthy living strategies to help prevent abuse and dependency.
II. THE
STATE POLICY IS:
1. A
healthy and motivated work force is this state's greatest asset
2. All
employees must report to work in a condition fit to perform their duties
unimpaired due to the use of alcohol or other drugs;
3. This
agency's mission (to______________) is enhanced by safe and healthy employees;
4. Use
of mind-altering drugs affects work place performance by:
a. interfering with the satisfactory
performance of individual jobs and the worker's well-being.
b. creating dangerous working conditions;
and
c. undermining client and community
confidence in state government.
Definitions:
"Chemical Dependency" - an illness
produced by repeated use of alcohol or other drugs resulting in an inability to
perform assigned work satisfactorily or in unacceptable behavior on the job.
"Drugs" – mind-altering chemicals,
whether illegal according to statute, or legal in some circumstances (e.g.,
alcohol and certain medications).
"Impaired" - observable and documented
deterioration in work-related performance due to the use of drugs or alcohol.
Provisions of this policy are:
1. All
state employees, regardless of employment status, shall comply with the policy
regarding a Drug-Free Work Place.
2. All
state employees who report to work must be in a condition fit to perform their
duties, unimpaired due to the use of alcohol or other drugs.
3. The
unlawful use, possession, delivery, dispensation, distribution, manufacture or
sale of drugs in state vehicles, on agency premises, or on official business is
prohibited. Documented evidence of illegal drug involvement will be given to
law enforcement agencies.
4. The
possession of alcohol by an employee is prohibited in state vehicles and on
agency premises, except when:
a) the premises are used and considered
exclusively as personal residences;
b) the premises are used by the Liquor
Control Board for purchases, distribution and sale pursuant to state law.
5. Employees
representing the state at official functions should exercise prudence in
consuming alcohol.
6. Employees
taking physician-prescribed or over-the-counter medications, if there is a
substantial likelihood that such medication will affect job safety, must notify
their supervisor or other designated official of the fact that they are taking
a medication and the side effects of that medication.
7. Any
state employee found in violation of this policy will be subject to formal
action, up to and including dismissal. Except in cases of drug delivery or
sale, an employee may be offered the services of the Employee Advisory Service
(EAS).
8. State
agencies are to comply with the Federal Drug-Free Work Place Act of 1988. State agency heads are responsible for
developing and implementing procedures for a Drug-Free Work Place. Attached is
a suggested Model Drug-Free Work Place program for state agencies. Please
consider and, where appropriate, utilize the suggested model program.
9. All
statutory, regulatory and collective bargaining requirements will be observed
by an agency in complying with this policy. Agencies which have bargained
specific provisions on this subject shall continue to honor the existing
provisions. However, should such negotiated provisions conflict or fail to meet
the standards set forth in this policy, the agency shall work towards
negotiating necessary changes in order to comply with this policy. All agencies
are encouraged to work with their employees and their certified representative
to best effect the implementation of the procedures for a Drug-Free Work Place.
Federal Requirements
The Federal Drug-Free Work Place Act requires
five essential components for any agency (or other employer) receiving a
contract or federal grant valued at $25,000 or more through a contract or
federal grant of any size.
1. The
drug-free work place policy statement must be published.
2. An
employee awareness program must be established.
3. A
copy of the agency policy must be furnished to each employee. Each agency must
ensure that every employee receives an individual copy of the policy.
Explanation of the policy is also a required topic of the employee awareness
program.
4. Following
an employee's conviction on a criminal drug statute violation for an offense
occurring in the work place, two notifications are required by the Act:
a. The employee must notify his or her
agency of the conviction no later than 5 days after such conviction.
b. Within 10 days after receiving notice
of such conviction, the agency must notify the contracting federal agency.
5. Procedures
for rehabilitation, treatment or disciplinary actions for policy violations
must be established. Within 30 days following conviction, per #4 above, the
agency must either:
a. Have required successful participation
in an approved drug assistance or rehabilitation program, or
b. Imposed the appropriate disciplinary
penalty.
III. POLICY
IMPLEMENTATION STRATEGIES: DRUG-FREE WORK PLACE PROGRAM
The strategies discussed below have been found
effective in the deterring of work place drug use and directing employees
already affected by chemical dependency to personal and job recovery. Together
with the agency's policy, they constitute a comprehensive drug-free work place
program. The most effective way found to build an agency program is by starting
an agency drug-free work place advisory committee. This committee, composed of
representatives of management, bargaining units and other interest groups
(wellness coordinators, safety officers, etc.), will determine the agency
needs, resources and recommend appropriate strategies. Once the program has
been implemented, the advisory committee continues to function in an oversight
capacity.
A. EMPLOYEE AWARENESS PROGRAM
The Federal Drug-Free Work place Act requires
coverage of the following topics:
1. The
dangers of drug abuse in the work place;
2. The
agency's drug-free work place policy and its penalties for violations by
employees;
3. Any
available drug counseling, rehabilitation, and employee assistance programs.
Federal regulations require that the employee
awareness program be ongoing, and further suggest a variety of media:
newsletters, articles, presentations, brochures, etc. Each agency can structure
an employee awareness program utilizing available community resources and by
appointing an internal coordinator.
A most important component of the awareness
program, not technically required by the Act but central to the implementation
of the policy, is management and supervisory training. Since supervisors bear
primary responsibility for policy implementation, adequate training is required
for managers and supervisors at every level to ensure that they:
·
Understand the seriousness of the agency policy,
and its intent both to prevent drug involvement and offer rehabilitation;
·
Recognize drugs and drug paraphernalia in their
various forms;
·
Recognize behavioral and other signs of possible
chemical dependency;
·
Recognize deteriorating work performance as one
possible sign of chemical dependency;
·
Understand the necessity and mechanics of timely
intervention;
·
Understand the role of the union and appropriate
involvement of union officials;
·
Know how to involve EAS staff for effective
referrals.
In all these areas, it must be emphasized that supervisors
are not expected to act as counselors, nor use their observation of behavioral
changes or performance deficiencies to diagnose problems of alcohol or drug
abuse. In considering possible referral to EAS (where the problem will be
evaluated), the supervisor need do no more than document deficiencies which
have not responded to normal supervisory corrective action. The EAS is
available at all times to assist the supervisor in structuring, the referral.
Above all, supervisors and managers require training
to understand that the fair and constructive use of supervisory intervention
can provide the best motivation for the resistant employee to confront the
denial involved in chemical dependence, and to take responsibility for seeking
treatment.
B. EMPLOYEE ADVISORY SERVICE
The major strategy for identifying the
chemically dependent or abusing employee, and motivating that employee toward
productive recovery, has been the Employee Advisory Service (EAS).
Self-referrals to EAS are encouraged before job
problems become evident, and supervisors, co-workers and union representatives
may recommend the EAS to an employee whose performance is slipping.
Because the denial inherent in chemical
dependency keeps the chemically dependent employee from self-referring, the EAS
has proven its greatest effectiveness with the alcoholic or otherwise
chemically dependent employee. The perceived threat of job loss can confront
the denial of this illness more effectively than any other method.
The identification is made by the supervisor
based on clearly identified and documented job performance criteria:
productivity, attendance, behavior, work relationships, violations of agency
policy, etc. It is a tool for managing the employee whose performance is
becoming problematic due to an unresolved personal problem, including chemical
dependency.
The bottom line for an EAS lies in the clear
choice presented to an employee: either go to the EAS for assessment and
recommended assistance, or accept the discipline warranted by the job
deterioration, up to and including dismissal. Even the most resistant, denying
employee will usually accept the EAS as an alternative to job loss.
The official employee advisory service for state
agencies is in the Employee Advisory Service (EAS) of the Department of
Personnel. The EAS provides these major functions-management and supervisory
training; problem assessment and referral for assistance or treatment; and
related case follow-up within the bounds of confidentiality. However, its
capacity to provide the full range of these services is limited.
Agency heads, therefore, who wish to utilize the
EAS as a principal strategy in their drug-free work place program should
consider the following steps:
1. Arranging sufficient support for
providing the full range of EAS services to agency employees.
2. Arranging with EAS for supervisory
training, and mandating EAS training for all supervisors and managers,
including executives, as well as encouraging union participation.
3. Requiring supervisors to use EAS
procedures when normal corrective action does not produce a return to
acceptable performance levels.
4. Emphasizing the confidentiality and
rehabilitative nature of EAS procedures.
5. Encouraging self-referrals to the EAS
for personal and family problem resolution through employee awareness program
presentations and the distribution of EAS materials.
C.
DRUG TESTING
Testing urine or blood samples for the presence
of specified drugs can take place in a number of circumstances, the major ones
being:
1. pre-employment (for applicants)
2. "for cause" or
"incident" (following well-defined observable reasonable suspicion)
3. post-accident
4. random
5. periodic (such as part of scheduled
physical exam).
The decision whether and when to implement any form
of drug testing is extremely complex, involving considerations of need, cost,
law, regulation, bargaining agreements, constitutional issues, and overriding
public safety and security concerns.
Some state employees are currently subject to
the random drug testing regulations of the U.S. Dept. of Transportation, as
required by the federal Omnibus Drug Act of 1988.
State agencies desiring to implement drug testing for their classified employees must follow the guidelines and limitations of WAC 356-46-125.
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