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BUREAU OF HUMAN RESOURCES
HUMAN RESOURCES POLICY AND PRACTICES MANUAL
15.1 DRUG FREE WORKPLACE POLICY EFFECTIVE MARCH 27, 1989
In November, 1988, President Reagan signed the "Drug-Free Workplace Act of 1988". The law requires that grantees of federal agencies and most federal contractors certify that they will provide and maintain a drug-free workplace. The State of Maine maintains a strong commitment to provide a safe and healthy environment for State employees and the public they serve. Consistent with that commitment, the State, in accordance with collective bargaining agreements, will implement this work rule for all employees to ensure a work environment free from the effects of alcohol and drug abuse.
While the State of Maine has no intention of intruding into the private lives of State employees, it does retain the right and responsibility to expect each employee to report for work and to perform his/her duties in a manner which does not jeopardize the health and safety of co-workers and the public. Work performance impaired by alcohol or drugs poses a threat to the well-being of employees and the public. Some of the drugs which are illegal under federal, state and local laws include marijuana, heroin, hashish, cocaine, hallucinogens, and depressants and stimulants not prescribed for current medical treatment by an accredited physician. Further, the State recognizes that an employee's consumption of drugs and alcohol, both on or off the job, can have a detrimental impact in the workplace.
It is the goal of the State of Maine to achieve an alcohol and drug-free work environment. It is also the goal of the State to assist employees in the rehabilitation and treatment of alcohol and drug abuse. The Employee Assistance Program (EAP) will continue to serve employees who voluntarily seek assistance in dealing with drug or alcohol problems. The EAP will provide consultation and referral to an appropriate treatment resource. Any employee may participate in the Employee Assistance Program without jeopardizing his/her employment status. However, voluntary participation in the Employee Assistance Program will not diminish appropriate disciplinary action for a violation of this or other policies.
In order to protect the health and safety of all State employees and the general public, the following policy will become effective March 27, 1989.
Any employee who is under the influence of alcohol or illegal drugs or who possesses or consumes alcohol on the job or in the workplace has the potential for disrupting his or her own, as well as co-workers', safe and efficient performance of duties. Such employees shall be subject to disciplinary action up to and including termination of employment.
The illegal manufacture, distribution, dispensing, sale, use or possession of narcotics, drugs, or controlled substances is strictly prohibited on the job or in the workplace and shall constitute a dischargeable offense. Any illegal substance found in the workplace will be turned over to the appropriate law enforcement agency and may result in criminal prosecution.
Any employee who is convicted of a criminal drug statute violation occurring on the job or in the workplace shall notify his or her employing agency no later than five (5) days after such conviction. Each State agency receiving federal funds shall notify its federal funding agency within ten (10) days after receiving such notification. Upon notification of a conviction it shall be the responsibility of the employing agency to terminate the employee.
It shall be the responsibility of all State agencies and departments to work with the Bureau of State Employee Health, labor unions and other organizations to:
(a) advise and inform employees of the dangers of drug and alcohol use and abuse on the job or in the workplace; and
(b) advise and inform employees of the Employee Assistance Program and rehabilitation services.
It shall be the responsibility of each employee to abide by the terms of this work rule.