The University of Texas Health Science Center at Houston (UTHSC-H) is committed to maintaining an environment that is free from substance abuse as well as compliance with state and federal laws. Its primary concern related to substance abuse in the university community is prevention and treatment. The institution provides educational programs to inform its community about the physical and psychological problems associated with substance abuse, as well as pertinent state and federal laws. The UTHSC-H recognizes that substance abuse is a treatable condition and, as an institution dedicated to health, facilitates the treatment and rehabilitation of this condition.
The UTHSC-H recognizes chemical dependency as a treatable condition and stands by its commitment to treatment as the most appropriate way to deal with employees who are chemically dependent. Although the UTHSC-H's primary concern is helping employees with dependency problems, in cases in which an employee causes harm to or endangers the safety of himself or others, the employee will be subject to disciplinary action. Also, if an employee is convicted of a criminal drug statute violation, the UTHSC-H's main priority becomes dealing with the legal implications of the employee's dependency.
Unlawfully purchasing, manufacturing, distributing, possessing, selling, storing, or using an illegal drug while on duty, while in or on premises or property owned or controlled by the university, or while in vehicles used for university business, is prohibited.
The unauthorized use or possession of alcohol while on duty or while in vehicles used for university business is prohibited. State law will be enforced at all times on all property controlled by The University of Texas System. (Refer to 2.02 Alcoholic Beverages, authorized use.)
Use of alcohol or any other substance while not on duty that adversely affects job performance or that may adversely affect the safety of other employees, students, visitors, or patients is prohibited.
The impairing use of alcohol at an authorized, official university function, in the course of official university business, or at an authorized university site in a manner that may adversely affect job performance or the safety of any other person is prohibited. (Refer to 2.02 Alcoholic Beverages for the policy on serving alcoholic beverages at UTHSC-H-sponsored events and on the UTHSC-H campus.)
Prescription or over-the-counter medications that may induce impairment are included in this policy. A supervisor's advice and assistance may be necessary when job adjustments are required to ensure an employee's ability to perform assigned work in a safe manner because of the use of such medicines. Distribution to others of a drug or controlled substance obtained pursuant to a prescription, except by duly licensed and certified persons, while on duty or while in or on premises or property owned or controlled by the university is prohibited.
Failure to comply with this published policy by any employee will constitute grounds for disciplinary action, including termination. At the discretion of the university, the employee may be referred to an Employee Assistance Program (EAP) and/or may be required to participate in and satisfactorily complete an approved rehabilitation program.
The UTHSC-H has determined that maintaining a drug-free work environment is dependent on a variety of component programs and approaches described as follows:
The UTHSC-H relies on the observations and judgment of first-line supervisory staff to evaluate the behavior of their employees, to identify suspected impaired behavior, and to refer an employee exhibiting such behavior to the EAP for evaluation. The EAP service is a benefit provided for all employees and their immediate family members. The service provides assessment and referral for personal problems associated with marital and family relationships, personal growth, finances, stress, depression, and grief, as well as alcohol and drug dependency.
It is imperative that managers' and supervisors' awareness of EAP services and the issues and implications of substance abuse be heightened through an educational effort. To this end, the UTHSC-H will provide instruction and disseminate educational materials to all employees concerning the following:
Any individual whose behavior or performance gives rise to a reasonable suspicion of impairment may be asked to report to an EAP counselor for an initial evaluation. The trained EAP counselor will assess the individual's condition to determine how likely it is that the observed behavior might be caused by drug or alcohol use. The employee will be expected to implement the EAP counselor's treatment recommendations. The EAP will provide necessary follow-up on behalf of the institution by informing the employee's supervisor as to whether or not the employee has agreed to seek treatment. The EAP will also participate in a return-to-work meeting in cases of supervisory referral, or when an employee who has voluntarily sought assistance requests such a meeting. Any individual who refuses to report to the EAP or fails to obtain recommended treatment may be subject to disciplinary action up to and including termination of employment by the UTHSC-H.
The assessment and referral function of the EAP provides a measure of protection for the employee who makes a good faith effort toward recovery. The individual must demonstrate a commitment to recovery by undergoing the prescribed course of treatment for the dependency problem, and the individual's commitment must be documented by the EAP.
Employees who wish to obtain assistance for the treatment of a drug-related problem are encouraged to seek assistance from the EAP. The EAP can provide short-term problem resolution free of charge as well as treatment referrals based on available resources, area of residence, and cultural background.
Employees who are eligible for and have chosen to obtain health insurance may use it to defray the cost of many drug and alcohol counseling programs, although certain restrictions may apply, depending on the type of treatment recommended. The EAP will provide financial counseling to determine how an employee's insurance coverage can be applied most efficiently. In addition, medical leaves of absence may be granted to accommodate out-patient and/or extended hospital care.
Any employee who is convicted under a criminal statute for a drug-related offense occurring in the workplace is required to notify his or her immediate supervisor not later than five days after such conviction.
In turn, the supervisor is required to inform Human Resources immediately after receiving notice of such conviction to provide for the university's compliance with federal law. The Drug-Free Workplace Act for 1988 (41 U.S.C.A. SS701-707) requires the university to notify the contracting agency within 10 days after receiving notice that an employee who is working on certain federally funded contracts and grants has been convicted of a drug-related offense under a criminal statute.a
A felony conviction of a violation of any criminal drug statute for use, possession, dispersion, distribution, or manufacture of an illegal drug within the UTHSC-H workplace will result in termination of employment.
The Department of Defense (DOD) has issued rules requiring that DOD contractors institute and maintain a program for achieving a drug-free work force.b These regulations affect only those federal contracts that contain a specific clause referring to the regulations. In accordance with the DOD regulations, the UTHSC-H has established the following procedures and policies.
In cases which the UTHSC-H is awarded a DOD contract that involves security-sensitive positions (i.e., those positions that permit access to classified information, involve national security, or require a high degree of trust and confidence), a random drug-testing procedure will be implemented for those employees who are funded by the project and whose work is classified. The procedure will be as follows:
An employee who tests positive after the confirmatory test will be sent to the EAP for assessment and referral. Any employee who declines to be tested or refuses to report to the EAP will be subject to disciplinary action up to and including termination of employment by the UTHSC-H.
An employee who tests positive and is not terminated may not perform in a security-sensitive position until such time as the UTHSC-H is satisfied that the employee has successfully completed a rehabilitation program and is capable of performing in such a position. The UTHSC-H may require the employee to complete another drug test before returning to a security-sensitive position.
aThe Drug Free Workplace Act of 1988, 41 U.S.C. [[section]][[section]] 701-7-9; U.S. Department of Health and Human Services, Federal Register, ADAMHA, 53:11970, 11 April 1988.
b U.S. Department of Defense, Federal Register, 53: 37763, 28 September 1988.
cU.S. Department of Defense, Federal Register, ADAMHA, 53: 11970, 11 April 1988.
Updated 08/05
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