Two federal laws, the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Amendments of 1989, stipulate that a college or university must certify to the U.S. Secretary of Education that it has adopted and implemented a program to prevent the unlawful manufacture, distribution, possession, or use of illicit drugs and alcohol by employees and students.
Franklin & Marshall College is committed to maintaining a healthy and safe environment which promotes respect for oneself and others; zero tolerance for disruptive behavior, unsafe conditions, or unsatisfactory work performance resulting from alcohol or other drug use; and compliance with the law. The entire campus community shares responsibility to eliminate alcohol and other drug abuse and the consequences of abuse. The mission of the College is supported and enhanced by these community standards. The College expects employees to obey all local, state, and federal laws regarding alcohol and illegal drug use, and to report to work fit for duty. The illegal manufacture, sale, possession, or use of drugs or alcohol may subject an employee to serious legal sanctions as well as to corrective action in the workplace. Penalties for the manufacture or sale of drugs are even more severe if violations occur within 500 feet of an educational institution, such as Franklin & Marshall College.
This policy applies to all members of the faculty and professional staff at Franklin & Marshall College. Policies for students are described in the College Life Manual.
Officers, dispatchers, and supervisors in the Department of Public Safety should refer to the Public Safety policy on drug and alcohol testing for additional information and requirements.
Scope-- All alcoholic beverages fall within the scope of this policy.
Prohibited Conduct-- The following is prohibited conduct:
All persons while in the Commonwealth of Pennsylvania are subject to the Pennsylvania Liquor and Penal Code. It is illegal for anyone who has not reached the age of 21 to possess, transport, or drink alcoholic beverages in Pennsylvania. The law also prohibits the selling or furnishing of alcoholic beverages of any kind to persons under 21 years of age by any agency or any person. "Furnish" is defined as: To supply, give, or provide to, or allow a minor to possess on premises or property owned or controlled by the person charged (Pennsylvania Crimes Code, 1986). In addition, it is unlawful to misrepresent one's age to any person to obtain alcoholic beverages or to represent to any person that a minor is of age.
Scope-- All illegal drug use falls within the scope of this policy.
Prohibited Conduct-- The following is prohibited conduct:
If an employee engages in any prohibited conduct, the consequences of that action will be corrective action up to and including immediate separation from employment, depending upon the College's view of the seriousness of the offense. Although the College offers resources to help an employee overcome substance abuse, nothing in this policy will insulate an employee from corrective action for unprofessional conduct, poor work performance, or violations of attendance requirements which may have been induced by drugs or alcohol, up to and including separation from employment. The College's response to violations on campus of local, state, and federal law includes referral for prosecution.
An employee who is required to drive a College vehicle or a personal vehicle in order to perform his/her job duties must maintain a valid driver's license. An employee who is required to drive for College business must not have had a conviction for driving under the influence/driving while intoxicated within the past 24 months. If an employee's license is suspended or revoked for any reason, and/or an employee is convicted of driving under the influence, the employee must promptly notify Human Resources. The employee may be reassigned to other job duties, if practical as determined solely by the College, or employment may be terminated.
When it has been established by Franklin & Marshall that testing an employee for drug and/or alcohol use is warranted based on reasonable suspicion of violation of this policy, the College will require the employee to undergo testing. Before testing is required, the supervisor/department manager is to consult with the Director or Assistant Director, Human Resources. Reasonable suspicion testing may be based upon:
Whenever possible, a supervisor who suspects an employee is under the influence of a drug or alcohol while working is to immediately contact his/her department manager, or the Director or Assistant Director, Human Resources, to witness the employee's behavior. The supervisor must also carefully document what he/she has observed. Generally, an employee who is believed to be under the influence while at work will be transported to Lancaster General Hospital for drug and/or alcohol testing. A refusal to submit to a drug and/or alcohol test, or refusal to allow results to be released to the College, may result in disciplinary action, up to and including termination of employment. Typically, an employee will be suspended without pay pending the results of an alcohol and/or drug test. The employee must receive a “negative” test - one that shows the employee is free from impairment due to illegal drugs, illegally prescribed drugs, and alcohol - before being permitted to return to work.
If an employee acknowledges that he/she is under the influence while working, the employee will be provided with transportation home. Disciplinary action, including a mandatory referral for evaluation and substance abuse treatment, testing for drugs and/or alcohol for some period of time, unpaid time off work, or employment termination, may result. In addition, the employee may be required to undergo drug and/or alcohol testing, and obtain a negative test, before returning to work.
Note: if a supervisor believes an employee is under the influence of drugs or alcohol while at work, the supervisor is to arrange for the employee to be safely transported to Lancaster General Hospital for testing or to the employee's home (after consulting with the Director or Assistant Director, Human Resources).
Testing will be conducted by Lancaster General Hospital (LGH) Occupational Medicine, Health Campus, 2110 Harrisburg Pike, 544-3155. After normal business hours, testing will be done at Lancaster General Hospital, 555 North Duke Street, 544-5122. LGH will test for specific drugs and use testing methods based on Department of Transportation testing regulations. Alcohol testing is done via a breath test. Testing for illegal drugs is done via a urine test. Collection methods are designed to help assure the individual's privacy, and the validity of test results. Positive tests are confirmed by LGH, through an additional test, before being reported to the College. LGH will provide an employee being tested with the opportunity to disclose any prescription medications he/she has taken which might affect test results.
Test results will be reported to the Director, Human Resources by LGH, or to the Assistant Director, Human Resources in the Director's absence. Test results will be shared with the employee's supervisor and/or department manager as necessary. The employee will be provided with the written test results. The results of the testing will become part of the employee's medical file, but not the employee's personnel file. The College will respect the confidentiality of the test results and treat test results in accordance with relevant local, state, and federal medical privacy regulations.
A “positive” test - one that indicates the tested employee was under the influence of alcohol or an illegal drug, including a prescription drug which was not legally prescribed for the employee - will generally result in disciplinary action. Such disciplinary action may include a mandatory referral for evaluation and substance abuse treatment, additional testing for drugs and/or alcohol for some period of time, unpaid time off work, or employment termination.
The College will pay the costs associated with having drug and/or alcohol tests administered, and will pay normal base wages if an employee is required to undergo testing during his/her regularly scheduled working hours. If testing is done during non-working hours, there will be no compensation to an employee for time spent submitting to the test.
The College will require a drug and alcohol screen before a newly hired staff member begins employment, if he/she will have access to controlled substances during the course of employment. Employment will be contingent on a negative test.
Officers, dispatchers, and supervisors in the Department of Public Safety should refer to the Public Safety policy on drug and alcohol testing for additional information.
Episodes of intoxication or alcohol or drug-related injury that threaten a person's health or safety are emergencies that must be attended to swiftly. In such a situation, the Public Safety office (717-291-3939) or 911 is to immediately be called for emergency assistance.
Full-time College employees may contact Life Management Associates, at (717) 394- 6688, for confidential alcohol or drug-related counseling. Employees and their immediate family members are eligible for up to 3 free, confidential sessions with a trained counselor per fiscal year through the Employee Assistance Program.
Coverage for substance abuse treatment is currently provided to Franklin & Marshall employees enrolled in the College's Group Health & Prescription Drug Plan. Coverage as described within health plan documents is provided. Full-time employees enrolled in the group Health & Prescription Drug Plan should contact the College’s health plan administrator, at the phone number on the back of their health plan ID card, for detailed information regarding coverage for drug or alcohol-related treatment. To receive coverage for substance abuse treatment, the employee/patient must call the health plan administratorfor pre-authorization before care is received.
Literature describing the risks and effects of alcohol and drug use is available at the following location:
Additional resources may be identified by calling United Way LINC, (717) 291-5462.
Alcohol-- Alcohol consumption causes a number of changes in behavior and physiology. Even low doses significantly impair judgment, coordination, and mental functioning. Low doses of alcohol can significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol increase the incidence of a variety of aggressive acts. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce these effects.
Repeated use of alcohol may lead to dependency, which often causes permanent damage to vital organs. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.
Women who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation.
Cannabis (such as marijuana, hashish)-- The use of marijuana may impair or reduce short-term memory and comprehension, alter sense of time, reduce coordination and energy level, and cause paranoia. Users often have lowered immune system functioning and an increased risk of lung cancer. The active ingredient in marijuana, THC, is stored in the fatty tissues of the brain and reproductive system for a minimum of 28 to 30 days.
Depressants (such as barbiturates, methaqualone)-- Use of depressants can cause slurred speech and disorientation. Overdose may result in shallow breathing, clammy skin, dilated pupils, rapid pulse, coma, and possibly death.
Hallucinogens (such as LSD, mescaline, PCP)-- Lysergic acid (LSD), mescaline, and psilocybin cause illusions and hallucinations. The user may experience panic, confusion, suspicion, anxiety, and loss of control. Delayed effects, or flashbacks, can occur even when use has ceased. Phencyclidine (PCP) affects the section of the brain that controls the intellect and keeps instincts in check. Because the drug blocks pain receptors, PCP episodes may result in self-inflicted injuries. Overdose can lead to psychosis and possibly death.
Narcotics (such as heroin, opium, morphine, codeine, methadone)-- Heroin is an opiate drug that causes the body to have diminished pain reactions. The use of heroin can result in coma or death due to a reduction in heart rate. Use of narcotics may cause drowsiness, respiratory depression, and nausea. Overdose may lead to shallow breathing, convulsions, coma, and possibly death.
Stimulants (such as cocaine/crack, amphetamines)-- Cocaine users often have a stuffy, runny nose and may have a perforated nasal septum. The immediate effects of cocaine use include dilated pupils and elevated blood pressure, heart rate, respiratory rate, and body temperature, followed by depression. Crack, or freebase rock cocaine, is extremely addictive and can cause delirium, hallucinations, blurred vision, severe chest pain, muscle spasms, convulsions, and even death. Amphetamines can cause a rapid or irregular heartbeat, tremors, loss of coordination, collapse, and death. Heavy users are prone to irrational acts. An overdose of stimulants may cause agitation, hallucinations, convulsions, and possibly death.
Members of the faculty and professional staff should contact their health care provider for additional information regarding the health risks associated with alcohol and drug use.
Policy Maintained by: Human Resources, Director
Last Reviewed: May 9, 2013