Drug and Alcohol Policy

It is the interest of the entire College to maintain a workplace which is free from the presence of alcohol, drugs or other intoxicating substances and free from the impairments associated with alcohol or drug usage.

Concerns with respect to employee and student safety, employee health and corporate competitiveness require that York College take an active approach to the resolution of suspected or identified substance abuse situations. In order to protect the safety of its employees, customers and visitors, York College must maintain and enforce rules and regulations. York College will discipline employees for violation of its policy on drugs and alcohol or for other appropriate work-related reasons.

Employees may be tested for the following controlled substances: Marijuana, cocaine, opiates, amphetamines and phencyclidine. Employees will also be tested for alcohol.

An employee may use a substance administered by or under the instructions of a physician who has advised the employee that the substance will not affect the employee’s ability to perform his or her position or affect the safety of the employee or others in the workplace.

Prohibited Conduct

The following shall be considered prohibited conduct:

  1. The use or possession of alcohol or a controlled substance by an employee on York College’s premises or during College-sponsored events or activities.  Possession includes any situation where the employee exercises control over the controlled substance or alcohol, including carrying the item on his or her person, in a College office, in a College owned vehicle, or consumption on College property or during College events or activities.
  2. The distribution of or receipt from others of any item listed within the scope of this policy while on York College’s business or premises.
  3. The use of a controlled substance or alcohol while not on College time, if an employee reports to work with the presence of the item in his/her bodily systems or if an employee’s work performance is affected by use of the item.

If an employee engages in any of the prohibited conduct, the consequences of that action will be appropriate disciplinary action up to and including termination subject to state law requirements.  Although York College may offer help to employees with their substance abuse problems, nothing in this policy will insulate an employee from discipline for poor work performance or attendance problems which may have been induced by drugs or alcohol.

Testing Conducted

  1. Reasonable Suspicion (Probable Cause):  Situations will present themselves when Supervisors/Senior Administrators will have a reasonable suspicion that an employee’s performance is being impaired as a result of substance abuse, which may occur either on or off the job.  Reasonable suspicion may exist by virtue of:  (a) an employee’s visible impairment on the job; (b) an objective evaluation of an employee’s declining productivity, quality of performance or attendance; (c) a work-related accident or injury, or following an unsafe act; (d) otherwise unexplainable behavior by an employee; or (e) other objective signals.

In these situations York College may require employees to undergo testing for alcohol and controlled substances.  Where employees refuse such testing they will be subject to disciplinary action, up to and including termination.

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

Any employee who returns to work after a positive alcohol test or who tests positive for a controlled substance and/or who undergoes a rehabilitation or treatment program must undergo follow-up testing at periodic intervals as determined by York College in accordance with applicable state laws.

York College will employ a breath alcohol or blood test for purposes of alcohol testing and a urine screen for purposes of controlled substance testing.  In all cases, York College and its designated collection sites shall utilize procedures for collecting urine specimens which allow individual privacy; unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided.  No test will be performed on any blood or urine sample other than a test to determine the presence of controlled substances or alcohol.  York College will not use any such tests to gather medical information about an employee or applicant other than use of alcohol or controlled substances as defined in this policy.

The results of the testing will become part of the employee’s medical file, but not the employee’s personnel file.  The employee will be provided with the written results of the test upon request.

York College respects the confidentiality of test results.  Only those management personnel with a need to know will be provided access to test information.

Failure of any employee to undergo controlled substance and alcohol testing when required under this policy will be considered insubordination and will subject the employee to discipline up to and including immediate discharge.  Efforts by employees to “beat” the test by any method including substitution or altering urine will result in immediate discharge.

York College reserves the right to alter, abolish or amend this policy and any other term or condition of employment at any time without the consent of its employees.  The adoption of this policy and the provision of any benefit hereunder does not create a contract of employment for a specific term nor does it imply any right to continued employment.

Nothing in this policy should be construed to prohibit the College from its responsibility to maintain a safe and secure work environment for its employees or from invoking such disciplinary actions as may be deemed appropriate for actions of misconduct by virtue of their having arisen out of the use or abuse of alcohol or drugs, or both.