Drug Free Workplace
Excerpt from Personnel Policies

6.10 Drug-Free Workplace 

NKY Health is committed to providing quality client care, to a safe work environment, and to the promotion of the health and well-being of employees and visitors. Therefore, NKY Health’s policy is to maintain a workplace free from alcohol, illegal substances (including marijuana), and inappropriate use of prescription and over-the-counter medications. NKY Health will not tolerate the use of alcohol, illegal use of substances, and/or inappropriate use of prescription or over-the-counter medications on or about the workplace.

NKY Health employees shall not manufacture, distribute, dispense, be under the influence of, purchase, possess, use, or attempt to purchase or obtain, sell or transfer any of the following in the workplace or while performing job duties:

1. Alcoholic beverages

2. Controlled substances1

3. Prohibited drugs2 and substances3

4. Drug paraphernalia

5. Substances that look like a controlled substance, where the employee possesses the intent to represent the item off as a controlled substance

 An employee who is designated to administer to clients a drug authorized by and administered in accordance with a prescription from a health professional; or an employee who is licensed and authorized under state and federal law to prescribe certain drugs and medications; shall not be considered in violation of this policy.

 1 Controlled substance shall mean any substance or immediate precursor listed in Chapter 218A of the Kentucky Revised Statutes, or any other substance added by the Kentucky Cabinet for Health and Family Services under regulations pursuant to KRS 218A.020.

 2 Prohibited drugs include, but are not limited to, any substance that an individual may not sell, possess, use, distribute or purchase under federal or Kentucky law.

 3 Prohibited substances include any or all of the following:

• •  prescription drugs obtained without authorization

  • All prescription drugs taken in a manner other than prescribed

  • All prohibited substances however taken or used, including but not limited to, inhaling, ingesting, and/or injecting. These include, but are not limited to, prescribed and over-the-counter drugs and prohibited volatile substances as defined in KRS 217.900 that are used or intended for use for an abusive and/or intoxicating purpose

6.10.1 Examples of Violations of Drug-Free Workplace Policy

The following is a list of some, but not all, examples of violations of this policy and actions necessary to assure a drug-free workplace. An employee must not:

1. Manufacture, use, possess, sell, trade, or offer for sale illegal substances at any NKY Health work location, including sites that NKY Health owns, leases or staffs, parking lots of said sites, vehicles that NKY Health owns or leases, and offsite meetings during work or non-work hourswhile working or not working

2. Divert medications for personal use, gain, or distribution

3. Use, possess, sell or distribute alcohol at any NKY Health work locations, including sites that NKY Health owns or staffs, including offsites and in vehicles that NKY Health owns, and offsite

4. Report to work with testable levels of illegal substances or alcohol, including returning to work after drinking alcohol during a paid or unpaid break

5. Report to work under the influence of any substance that impairs their ability to work safely and productively as determined by NKY Health or their representatives and to produce a work product meeting NKY Health’s standards and expectations

6. Use prescription or over-the-counter drugs illegally or inappropriately

6.10.2 Prescription Drugs

Nothing in this policy prevents an employee’s use of legally prescribed or over-the-counter medications that do not impair the ability to work safely.

If an employee is taking a prescription or over-the-counter medication and there is reason to believe that the medication may impair the ability to work safely, the employee is responsible for consulting with the prescribing physician or the pharmacist before reporting to work. Additionally, the employee must notify their supervisor in writing if they are prescribed a medication or is using an over-the-counter medication that impairs their ability to perform their job duties in a safe manner. NKY Health reserves the right to consult with the employee’s medical care provider, or to seek an opinion by another medical care provider as to whether a particular medication impairs the employee’s ability to work safely.

6.10.3 Drug Free Awareness Program

NKY Health has established a drug-free awareness program to educate employees about:

1. The danger of drug abuse in the workplace.

2. NKY Health’s policy on maintaining a drug-free workplace.

3. Drug counseling and rehabilitation available to all employees in merit system positions through the Employee Assistance Program and group health insurance available to eligible employees.

4. The penalties that may be imposed upon employees for violations of this policy.

6.10.4 Circumstances for Drug/Alcohol Testing

The following is a list of some, but not all, examples of circumstances when drug and/or alcohol tests and/or evaluations may be required:

1. Candidates for employment into safety-sensitive positions – A negative drug and/or alcohol test is a condition for employment in a safety-sensitive position. An offer of employment will be withdrawn if the candidate refuses or fails drug and/or alcohol testing after accepting an offer of employment.

2. Reasonable suspicion – Alcohol and/or drug testing and evaluation is required when an employee demonstrates a change in performance or personality, or exhibits other signs indicating the influence of alcohol or drugs, such that there is a reasonable suspicion that the employee may be under the influence of drugs or alcohol.

3. Post-incident – Drug and/or alcohol testing and evaluation may be required when an employee is involved in a work-related incident or injury requiring medical attention and/or involving property damage, and where there is reasonable suspicion that the employee was under the influence of drugs or alcohol at the time of the incident. Testing and evaluation may also be required after a series of unexplained minor incidents/accidents or a series of incidents/accidents not requiring medical attention or involving property damage. Drug and/or alcohol testing and evaluation of some or all employees whose actions or omissions contributed to an incident may also be required in order to evaluate the root cause of a work-related incident that harmed or could have harmed clients, employees or other persons in the vicinity of the incident.

4. Other Laws Requiring Testing – Drug and/or alcohol testing is required when tests and evaluations are required by other Federal, State, or local laws or Administrative Regulations.

5. Return to Work Agreement – An employee who accepts a Return to Work Agreement (Refer to section 6.10.11) will be subject to random drug and/or alcohol testing following treatment and return to work for the duration of their employment.

6. At Random – When an employee is working under a Return to Work Agreement (Refer to section 6.10.11.)

6.10.5 Drug/Alcohol Testing Environment

Tests will screen for commonly abused drugs and alcohol. State, federal and local laws apply and all tests will be performed according to accepted laboratory procedures. A positive drug and/or alcohol test will be reviewed by a Medical Review Officer (MRO) following standard guidelines of MROs before being reported to NKY Health.

6.10.6 Suspension Pending Test Results

An employee who is directed to submit to a drug and/or alcohol test due to reasonable suspicion, for cause, or post-incident may be placed on Administrative Suspension pending NKY Health’s receipt and evaluation of test results. (Refer to section 7.5)

Upon receipt of negative test results, the employee will receive full pay for the time they were on Administrative Suspension.

6.10.7 Drug/Alcohol Testing Results

Results of drug and alcohol tests will be reported directly to the head of Human Resources at NKY Health.

6.10.7.1 Positive Test Results

The offer of employment will be withdrawn from a candidate who tests positive for drugs and/or alcohol after review by an MRO. The candidate will be notified in writing of the withdrawal and the reason for the withdrawal.

An employee who tests positive for drugs and/or alcohol after review by a Medical Review Officer (MRO) will be subject to appropriate disciplinary action (Refer to section 7.4), up to and including dismissal (Refer to section 8.4.) and may be denied Workers’ Compensation benefits.

6.10.7.2 Confidentiality of Drug/Alcohol Testing Results

All information and records obtained by NKY Health regarding drug and/or alcohol test results and treatment will be kept confidential by Human Resources and management, except in the following circumstances:

1. Those with a business need-to know will be notified when an employee fails to comply with a Return to Work Agreement.

2. NKY Health will report employee involvement with drug use or controlled substances to licensing/certification/registration agencies, federal grant agencies and/or law enforcement agencies in accordance with the professional guidelines established by the appropriate regulatory and controlling authorities.

3. NKY Health will comply with professional licensing requirements to report a resignation (Refer to section 8.1) or dismissal (Refer to section 8.4) when violation of this policy exists.

6.10.8 Refusal to Submit to Drug/Alcohol Test

An employee who refuses to submit to a drug/alcohol test as directed will be immediately dismissed from employment for insubordination and may be denied Workers’ Compensation benefits. Refusing to submit includes but is not limited to:

1. Failure to report to the testing facility immediately, without stopping, and as directed.

2. Failure to produce a valid specimen.

3. Failure to provide requested information and/or documentation to the Medical Review Officer (MRO).

6.10.9 Requirement to Report Drug/Alcohol Violation/Conviction

An employee who has violated or been convicted of, pleads guilty to, or enters a plea of nolo contendere (no contest) must notify their supervisor in writing of any conviction of a violation of a criminal drug or alcohol related statute prior to their next work shift or within five (5) work days of such conviction/plea, whichever comes first.

Random drug and/or alcohol testing may be run on an employee in a safety-sensitive position, who has violated state or federal drug or alcohol laws, or who has been convicted of criminal drug and/or alcohol offenses.

While it is not NKY Health’s intention to intrude on the privacy of its employees we recognize that repeated or abusive involvement with these substances off the job eventually impacts job performance.

6.10.10 Resources for Drug/Alcohol Assistance

Some resources available to an employee, and which NKY Health may refer the employee to, include, but are not limited to:

1. Access to an Employee Assistance Program (Refer to section 4.2.7) at no cost to the employee

2. Approval of use of accrued annual leave (Refer to section 5.1) and sick leave (Refer to section 5.2) for treatment and recovery

3. Availability of group health insurance (Refer to section 4.2.2)

4. Information about community resources

5. Return to Work Agreement for eligible employees (Refer to section 6.10.11)

6.10.11 Return to Work Agreement

A Return to Work Agreement is an alternative to dismissal (Refer to section 8.4) and, in some limited instances, may be offered to an employee who self-identifies a drug or alcohol problem. A Return to Work Agreement must be approved by the District Director of Health and/or their designee, and is solely at their discretion, depending upon the best interests of NKY Health.

6.10.11.1 Eligibility for Return to Work Agreement

The following will not be offered a Return to Work Agreement:

1. An employee who commits a drug or alcohol-related offense that NKY Health considers to be a serious threat to the employees, clients, community and/or NKY Health’s reputation, and ability to provide quality services to the public

2. An employee in their introductory period of employment

3. A contract employee

4. An employee who is already under a Return to Work Agreement

6.10.11.2 Terms of Return to Work Agreement

An employee who accepts a Return to Work Agreement will be referred to the Employee Assistance Program for case management and may return to full or modified duty at the discretion of NKY Health. 

The Return to Work Agreement will specify the terms under which the employee may continue employment. These terms may include, but are not limited to, sobriety, random alcohol and/or drug testing, and any work restrictions and accommodations.

 The agreement will be created by employee assistance after consultation with the employee’s supervisor, the treatment provider, Human Resources and the employee. The agreement will be signed by the employee, the supervisor, and employee assistance. It is kept in an employee health file, separate from personnel files (Refer to section 1.4.1.)

 The Return to Work Agreement is not a guarantee of a specific job or rate of pay, and does not alter an employee’s at-will status.

6.10.11.3 Confidentiality of Return to Work Agreement

The Employee Assistance Program functions as a case manager, not as a treatment provider, for purposes of Return to Work Agreements. Therefore, the normal confidential and voluntary nature of employee assistance does not apply to return to work situations.

NKY Health will report noncompliance with a Return to Work Agreement to licensing/certification/registration agencies, federal grant agencies and/or law enforcement agencies in accordance with the professional guidelines established by the appropriate regulatory and controlling authorities.

6.10.11.4 Non-Compliance with Return to Work Agreement

An employee who fails to complete the entire treatment program as prescribed or is non-compliant with any of the terms of the Return to Work Agreement will be subject to appropriate disciplinary action (Refer to section 7.4), up to and including dismissal (Refer to section 8.4.)