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Workplace Substance Abuse

    Title:

    Workplace Substance Abuse

    Publication date:

    7/26/2013

    Effective date:

    8/1/2013

    BRIEF

    Policy Summary

    It is the policy of Berkeley Lab to promote and maintain a safe, healthy, and productive drug-free and alcohol-free work environment for the benefit of its employees and the communities in which it operates. The Laboratory strives to maintain a work site free from the use, possession, sale, distribution, or manufacture of alcohol, illegal drugs, or controlled substances.

    The Laboratory considers substance abuse a serious issue. By recognizing that substance abuse is a treatable condition, and by establishing a program to address substance abuse in the workplace, this policy seeks to prevent its risks and ill effects.

    Who Should Read This Policy

    • This policy applies to both represented and nonrepresented employees in the following classifications: career, term, faculty, postdoctoral fellow, limited, visiting researcher, rehired retiree, graduate student research assistant (GSRA), and student assistant (See Types of Employee Appointments for appointment definitions).
    • This policy applies to all affiliates and visitors.

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    For more information, contact your division's Human Resources (HR) Center or the Workplace Substance Abuse Administrator at wsap@lbl.gov.
    Feedback on HR policies or procedures is welcomed. Send comments to HRpolicies@lbl.gov.

    Title:

    Workplace Substance Abuse

    Publication date:

    7/26/2013

    Effective date:

    8/1/2013

    POLICY

    A. Purpose

    It is the policy of Lawrence Berkeley National Laboratory (Berkeley Lab) to promote and maintain a safe, healthy, and productive drug-free and alcohol-free work environment for the benefit of its employees and the communities in which it operates. The Laboratory strives to maintain a work site free from the use, possession, sale, distribution, or manufacture of alcohol, illegal drugs, or controlled substances.

    Berkeley Lab considers substance abuse a serious issue. By recognizing that substance abuse is a treatable condition, and by establishing a program to address substance abuse in the workplace, this policy seeks to prevent its risks and ill effects.

    B. Persons Affected

    • This policy applies to both represented and nonrepresented employees in the following classifications: career, term, faculty, postdoctoral fellow, limited, visiting researcher, rehired retiree, graduate student research assistant (GSRA), and student assistant (See Types of Employee Appointments for appointment definitions).
    • This policy applies to all affiliates and visitors.

    C. Exceptions

    Request for exceptions that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at minimum, the Chief Human Resources and Diversity Officer (CHRO) approval.

    D. Policy Statement

    For Program Information

    Resources

    Employee Assistance Program (EAP)
    CARE Services

    University Health Services, Tang Center
    2222 Bancroft Way, Suite 310
    Berkeley, CA 94720-4300
    (510) 643-7754

    1. Berkeley Lab recognizes alcohol and/or drug dependency as a treatable condition and offers programs and services for Laboratory employees with substance-dependency problems. Employees are encouraged to seek assistance, as appropriate, from employee support programs, health centers, and counseling or psychological services available through the Laboratory's Employee Assistance Program (EAP), which is provided by the University of California Health Center (the Tang Center) on the Berkeley campus. Participation in such programs or services will be treated as confidential, in accordance with federal and state laws.
    2. Berkeley Lab strives to maintain a work site free from the use, possession, sale, distribution, or manufacture of alcohol, illegal drugs, or controlled substances.
      For Program Information

      Related Policies

      Serving Alcohol at Berkeley Lab Events policy

      The Laboratory strongly supports and is committed to making a good-faith effort to maintain a workplace free of substance abuse. Unlawful manufacture, distribution, dispensing, possession, use, or sale of alcohol, illegal drugs, or controlled substances by employees in the workplace, on Laboratory premises, at official Laboratory functions, or on Laboratory business is prohibited. Unauthorized possession, use, consumption, or being under the influence of alcohol on Laboratory premises is prohibited. In addition, employees may not use illegal substances or abuse legal substances, including alcohol, in a manner that impairs work performance.
    3. Condition of Laboratory Employment
      1. Compliance with this policy is a condition of employment at Berkeley Lab. Employees will abide by the terms and conditions of this policy.
      2. Employees found to be in violation of this policy may be subject to corrective action (up to and including dismissal) under applicable Laboratory policies and collective bargaining agreements (CBAs) or may be required, at the discretion of the Laboratory, to participate and successfully complete a treatment program.
    4. Testing for Drugs and Alcohol
      For Program Information

      Testing Designated Positions Covered by the Department of Transportation

      Any Laboratory position where the employee holds a Commercial Class C, Class B, or Class A driver’s license and drives for the Laboratory, including bus driver, truck driver, motor vehicle mechanic,  and/or facilities technical supervisor.

      1. To ensure the accuracy and fairness of the Berkeley Lab testing program, all testing will be conducted according to the Department of Health and Human Services (DHHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs, 53 CFR 11979, as amended ("DHHS Guidelines"), and if applicable, other federal regulations.
      2. The Laboratory will test for the use of the following drugs or classes of drugs: marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines. However, when conducting reasonable-suspicion or occurrence testing, the Laboratory may also test for any drug listed in Schedules I or II of the Controlled Substances Act, including alcohol.
      3. If an employee refuses to cooperate with the testing, the employee shall be treated in all respects as if he or she had tested positive for an illegal drug or alcohol.
      4. Employees in Testing-Designated Positions (TDPs).
        For Program Information

        Testing-Designated Positions Covered by the Code of Federal Regulations

        Currently, there are no testing-designated positions under this regulation.

        Employees covered by either the Department of Transportation (DOT) rule or the Code of Federal Regulations (CFR) rules are subject to drug and alcohol tests. Testing for both groups of employees is done under the following circumstances:
        1. Pre-employment drug test
        2. Post-accident testing
          1. These are accidents involving the operation of a Laboratory motor vehicle or motorized machinery such as a forklift.
          2. Employees must be tested in a reasonable amount of time, regardless of fault.
        3. Random testing
        4. Reasonable-suspicion testing
        5. Return-to-duty testing
        6. Follow-up testing
      5. Employees in Non-Testing-Designated Positions (Non-TDPs), Affiliates, and Visitors. Non-TDP employees, affiliates, visitors, and subcontractors may be required to participate in reasonable-suspicion drug and alcohol testing. If the employee, affiliate, visitor, or subcontractor has tested positive and is allowed back on Laboratory property, he or she may be required to adhere to follow-up testing for drugs and alcohol.
      6. Retest. Any employee, affiliate, visitor, or subcontractor who has been notified of a positive test result may request a retest of the same sample at the same or another certified laboratory. The employee, affiliate, visitor, or subcontractor is responsible for the cost of transportation and/or testing of the sample.

    E. Roles and Responsibilities

    Role

    Responsibility

    Affiliates and visitors

    • Must comply with the Berkeley Lab Workplace Substance Abuse Policy
    • May be required to participate in reasonable-suspicion drug and alcohol testing

    Chief Human Resources and Diversity Officer (CHRO)

    Has functional responsibility for this policy

    Employees in non-testing-designated positions (Non-TDPs)

    Must provide written notice to the Laboratory through their immediate supervisors or managers no later than five calendar days after being convicted of any criminal drug-statute violation occurring in the workplace or while on Laboratory business

    Employees in testing-designated positions (TDPs)

    • Are subject to drug and alcohol testing.
    • Must provide written notice to the Laboratory through their immediate supervisors or managers of any alcohol-related conviction or a drug-related arrest or conviction, or receipt of a positive drug or alcohol test results, as soon as possible but no later than five calendar days after such arrests, conviction, or receipt

    Human Resources (HR) Department

    • Advises management and employees on how to comply with this policy
    • Keeps list of testing-designated positions and employee training records

    Managers and supervisors

    Are responsible for the Laboratory's drug- and alcohol-abuse prevention and testing program, including:

    • Observing staff for possible influence of drugs or alcohol
    • Managing disciplinary actions that occur because of a positive alcohol or drug test or refusal to submit to a test

    Workplace Substance Abuse Program (WSAP) Administrator

    Has the responsibility to coordinate efforts with the WSAP Facilitator to ensure compliance with the WSAP and to maintain alcohol- and drug-testing records

    Workplace Substance Abuse Program (WSAP) Facilitator

    Has the responsibility to coordinate with the testing laboratory to conduct tests, to schedule and initiate employee testing, and to oversee the collection of samples by the testing laboratory

    Workplace Substance Abuse Program (WSAP) Manager

    • Is the Designated Employer Representative (DER) for the Laboratory
    • Ensures the program complies with applicable federal, state, Department of Energy (DOE), and the University of California regulations and policies
    • Outsources the testing procedures to a third-party vendor, which includes a Medical Review Officer (MRO) to review and decide on the results of alcohol and/or drug test.

      For TDP employees with any alcohol-related conviction or a drug-related arrest or conviction, or receipt of a positive drug or alcohol test result or for non-TDP employees convicted of any criminal drug statute violation occurring in the workplace or while on Laboratory business, the Laboratory is required to notify the federal contracting or granting agency no later than 10 calendar days after receiving notice of such arrest or conviction and to take appropriate corrective action up to and including termination or to require the employee to participate and successfully complete available counseling, treatment, and approve substance-abuse assistance, or rehabilitation programs within 30 calendar days after receiving notice of such conviction.

    Roles, responsibilities, authority and accountability are documented in applicable procedures (See Implementing Documents).

    F. Definitions/Acronyms

    Term

    Definition

    Accident

    An incident that occurs on the job where:

    • Through an employee's own actions he/she is injured; or
    • Through an employee's actions, another employee or individual is injured; or
    • An employee creates a hazardous situation that presents danger, either to the employee or to another employee or individual; or
    • The employee is involved in a vehicular accident in a Laboratory vehicle 1 or in his or her personally owned vehicle while on Laboratory business.

    Alcohol intoxication

    A determination is made when alcohol tests show a blood-alcohol content (BAC) of 0.04% or greater (49 CFR 40.285)

    BAC

    Blood alcohol content

    CBA

    Collective bargaining agreement

    CDL

    Commercial driver's license

    CFR

    Code of Federal Regulations

    CHRO

    Chief Human Resources and Diversity Officer

    CMV

    Commercial motor vehicle

    Controlled substances

    Controlled substances as defined in schedules I-V of the Controlled Substances Act (21 United States Code [USC]) §812) and 21 CFR 1308

    Criminal drug statute

    A criminal federal or nonfederal statute involving the manufacture, distribution, dispensation, use, or possession of any controlled substance

    Designated Employer Representative (DER)

    An employee authorized by the employer to take immediate action(s) to remove employees from safety-sensitive duties, or cause employees to be removed from these cover duties, and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer, consistent with the requirements of 49 CFR 40.

    DHHS

    Department of Health and Human Services

    DOE

    Department of Energy

    DOT

    Department of Transportation

    Drug or alcohol conviction

    A finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with responsibility to determine violations of any criminal drug or alcohol statutes

    EAP

    Employee Assistance Program. A program of counseling, referral, and educational services concerning illegal drug use and other medical, mental, emotional, or personal problems of employees, particularly those that adversely affect behavior and job performance. Employees are encouraged to self-refer for substance-abuse problems and to seek confidential assistance. The Lab's EAP provider is UC CARE Services.

    GSRA

    Graduate student research assistant

    HR

    Human Resources

    Illegal drugs

    A controlled substance, as specified in Schedules I through V of the Controlled Substances Act, 21 USC 811, 812. The term "illegal drugs" does not apply to the use of a controlled substance in accordance with terms of a valid prescription, or other uses authorized by law.

    Medical Review Officer (MRO)

    A third-party licensed physician responsible for receiving and reviewing laboratory results generated by an employer's drug-testing program and evaluating medical explanations for certain drug-test results

    Non-TDP

    Non-testing-designated position

    Reasonable suspicion

    A suspicion based on an articulable belief that an employee is either under the influence of alcohol, illegal drugs, or controlled substances; or is engaged in use, possession, sale or distribution, or manufacture of alcohol, illegal drugs, or controlled substances, drawn from particularized facts and reasonable inferences from those facts

    Testing-designated position (TDP)

    Employees in jobs designated as TDPs are subject to drug and alcohol testing under one or more the following regulations:

    • Department of Transportation — Testing-Designated Position (DOT-TDP): The DOT rule covers employees whose Laboratory job duties are such that federal regulations require them to hold a commercial driver's license (CDL) in order to drive the commercial motor vehicle (CMV) on public highways, and who, during the course of the workday, operate or are expected to be ready to operate a vehicle with the gross combination or gross vehicle weight of at least 26,001 pounds inclusive of a towed unit with a gross vehicle rating of more than 10,000 pounds; a vehicle originally or currently designed to transport 16 or more passengers including the driver; a vehicle of any size used to transport hazardous materials found in the Hazardous Materials Transportation Act, and that required the motor vehicle to be placarded under the Hazardous Materials Regulations.
    • 10 CFR 707 —Testing-Designated Position (CFR-TDP): An employee in a position in which failure to adequately discharge his or her position could significantly harm the environment, public health or safety, or national security; or other positions determined by DOE, to have the potential to significantly affect the environment, public health and safety, or national security

    UC

    University of California

    UC CARE

    University of California CARE Services (Berkeley Lab's Employee Assistance Program)

    Under the influence

    An employee's work performance or on-the-job behavior that may be affected in any way by alcohol, illegal drugs, or controlled substance

    WSAP

    Workplace Substance Abuse Program

    1 Vehicle refers to either (1) a Department of Transportation (DOT) commercial vehicle that is 26,001 pounds gross vehicle weight rating (gvwr) or greater, or a vehicle that carries 16 passengers or more including the driver, or that is required to display a DOT placard indicating the transportation of hazardous material; or (2) any Laboratory-owned motorized vehicle, including cars, trucks, forklifts, and GEMs (Global Electric Motorcars).

    G. Recordkeeping Requirements

    Role

    Responsibility

    Human Resources Department

    Is responsible for maintaining the following records:

    • List of testing-designated positions (TDPs)
    • Employee training records

    Third-party vendor

    Is responsible for maintaining drug and alcohol test results

     

    H. Implementing Documents

    I. Contact Information

    For information regarding this policy, contact your division's HR Center or the Workplace Substance Abuse Administrator at wsap@lbl.gov.
    Do you have feedback regarding this policy? Contact the HR Policies Analyst, HR Department, hrpolicies@lbl.gov.

    J. Revision History

     

    Date

    Revision

    By whom

    Revision Description

    Section(s) affected

    Change Type

    1/2/2012

    0

    M. Bello

    Rewrite for wiki

    All

    Minor

    8/1/2013

    1

    M. Bello

    Added and revised roles and responsibilities of Lab staff

    All

    Major+ 30 days

    DOCUMENT INFORMATION

    Title:

    Workplace Substance Abuse

    Document number

    02.02.005.000

    Revision number

    1

    Publication date:

    7/26/2013

    Effective date:

    8/1/2013

    Next review date:

    8/1/2016

    Policy Area:

    Work Environment

    RPM Section (Home)

    Human Resources

    RPM Section (cross-reference)

    none

    Functional Division

    Human Resources

    Prior reference information (optional)

    RPM Chapter 2.23(C)

    Source Requirements Documents

    Source

    Document number & effective date

    Document Title

    Department of Energy (DOE)

    DE-AC02-05CH11231, Mod No. M046, Sec. J, App. A

    Advanced Understandings on Human Resources

    University of California (UC)

    November 1, 1990

    Presidential Policy on Substance Abuse

    California

    LC 1025

    California Labor Code Section 1025 (time off for voluntary drug or alcohol rehabilitation programs)

    DOE

    10 CFR 707

    Workplace Substance Abuse Programs at DOE Sites

    DOE

    I.88

    DEAR 970.5223-4 Workplace Substance Abuse Programs at DOE Sites (December 2000)

    Federal

     

    Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D)

    Implementing Documents

    Audience

    Document Number

    Document Title

    Type

    HR

    02.02.005.001-01

    Workplace Substance Abuse Program

    Procedure

    HR

    02.02.005.003-01

    Flowchart: Recruitment and Hire the DOT-TDP and Notifying All New Employees of Lab's Workplace Substance Abuse Program

    Procedure

    HR

    02.02.005.004-01

    Flowchart: Recruitment and Hire of CFR-TDP and Notifying All New Employees of Lab's Workplace Substance Abuse Program

    Procedure

    HR

    02.02.005.005-01

    Flowchart: Reasonable Suspicion of Testing

    Procedure

    HR

    02.02.005.007-01

    Flowchart: Post-Accident Drug and Alcohol Testing

    Procedure

    HR

    02.02.005.008-01

    Flowchart: Return-to-Duty and Follow-up Testing

    Procedure

    HR

    02.02.005.009-01

    Flowchart: Releasing DOT-Testing Designated Employee's Tests Results to Prospective Employers

    Procedure

    HR

    02.02.005.010-01

    Drug and/or Alcohol Testing Consent Form

    Form

    HR

    02.02.005.011-01

    DOT Alcohol Testing Consent Form

    Form

    Public

    02.02.005.012-01

    Authorization for Release of DOT Drug and Alcohol Testing Records under 49 CFR Part 40

    Form

    HR

    02.02.005.013-01

    Unavailable for Testing

    Form

    HR

    02.02.005.014-01

    TDP Applicant-Failed Pre-employment Drug Test

    Template

    HR

    02.02.005.015-01

    LBNL Assessment of Contractor's WSAP

    Template

    HR

    02.02.005.016-01

    WSAP Position Description Template

    Template

    HR

    02.02.005.017-01

    WSAP Job Posting Template

    Template

    HR

    02.02.005.018-01

    WSAP Job Offer Template

    Template

    Lab staff

    02.02.005.019-01

    Berkeley Lab's Workplace Substance Abuse Program

    Training

    Lab staff

    02.02.005.021-01

    Training for DOT-TDP Employees

    Training

    Lab staff

    02.02.005.022-01

    Training for Supervisors of DOT-TDP Employees

    Training

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