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DTS Drug Free Workplace Policy

DTS POLICY 2000-0017


Document History

Last Reviewed Date: December 2022
Last Reviewed By: Cassandra Hart
Next Review: December 2023


1.0 Purpose

The intent of this policy is to provide a safe and productive work environment that is free from the effects of substance and alcohol abuse.

1.1 Background

It is the Division’s objective to send a clear message that any illegal drug use and/or alcohol or drug misuse are incompatible with the Division’s service. The Division of Technology Services (DTS) will conform to the Division of Human Resources (DHRM) Rules and the State of Utah Drug and Alcohol Policy and Procedures.

1.2 Scope

This policy applies to all employees of DTS.

1.3 Exceptions

None.

2.0 Definitions

Drug Program Coordinator
An HR Specialist designated by the DTS HR Director as being responsible for the coordination of the requirements of this policy.

3.0 Policy

It is the policy of DTS that the workplace will be drug and alcohol free. Employees testing positive for illegal drugs and/or misuse of drugs or alcohol shall be subject to disciplinary action, which may include termination.

3.1 General.

3.1.1

The Division will follow and abide by rules and guidelines established by the U.S. Federal Government and DHRM Rules and the State of Utah Drug and Alcohol Policies and Procedures concerning substance use, drug and alcohol testing.

3.1.2

This policy is a term and condition of employment with the Division for all employees regardless of work site location.

3.1.3

Management who suspects or has received notice of a workplace violation of this policy must contact the Division’s Drug Program Coordinator or the Human Resource Director for direction.

3.1.4

Final candidates who are not current employees will be subject to drug testing as a condition of employment in accordance with R477-14-1 (6)

3.1.5

Final candidates transferring from another State agency in the Division will be subject to pre-employment drug testing in accordance with R477-14-2(8).

3.1.6

DTS supervisors shall contact the Drug Program Coordinator immediately if drug or alcohol use is suspected, or in the event of an accident or critical incident.

3.2 Drug and Alcohol Testing

3.2.1

All tests will be conducted according to rules and guidelines published by the Omnibus Transportation Employee Testing Act of 1991, Division of Human Resource Rules, and the State of Utah Drug and Alcohol Policies and Procedures.

3.2.2

The Division shall test for alcohol and the following drugs: Marijuana, Cocaine, Amphetamines, Opiates, and Phencyclidine (PCP). The Division may choose to use a ten-panel test. A ten-panel test includes testing for the above drugs, and Methadone, Barbiturates, Benzodiazepines, Propoxyphen, and Methaqualone.

3.2.3

A qualified Medical Review Officer (MRO) will interpret and evaluate an employee’s/applicant’s laboratory reported positive test results as well as medical history or any other relevant biomedical information. Prior to the MRO reporting a test as positive, the employee/applicant shall be given an opportunity to discuss the test with the MRO in a confidential setting regarding any legitimate reason for the presence of a controlled substance. If a legitimate explanation for the positive result is provided to the MRO, the test may be declared negative.

4.0 Policy Compliance

4.1

Employees that are found to be in violation of this policy are subject to disciplinary action, which may result in termination.

4.2

Appropriate disciplinary action shall be initiated against the employee consistent with state statute and DHRM rules if the employee has a confirmed positive test result. The Division may pursue a course of action directed at terminating the employee from state employment with assistance by the HR Office.

4.3

If termination is not imposed following an initial positive test result, upon receipt of a second verified positive test or a second determination that an employee uses illegal drugs and/or misuses alcohol while on duty or on state property, termination of that employee from the Division shall be mandatory.