SECTION 340:2-1-30. The drug-free workplace

(a)   All Department of Human Services (DHS) employees are required to report to work in an appropriate condition, unimpaired by the effects of illicit substances, including alcohol. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including alcohol, on Agency premises, or while conducting Agency business, is prohibited. Violations of this policy may result in disciplinary action, up to and including termination, in addition to any legal consequences.

(b)   The term "controlled substance" means any drug listed in the Federal Schedules of Controlled Substances. These are drugs which have a high potential for abuse. Such drugs include but are not limited to heroin, cocaine, phencyclidine (PCP), marijuana, amphetamines, and various derivative compounds of these drugs. Such drugs include legal drugs which are not prescribed for the employee's personal use by a licensed physician.

(c)   DHS has a strong interest in assisting employees with substance abuse problems and makes available an Employee Assistance Program (EAP) to assist employees and their families who may have substance abuse problems. Affected employees who receive positive test results on alcohol and drug tests will be referred to the EAP; however, referrals are not in lieu of discipline.

(d)   Any DHS employee who is convicted of, or who enters a plea of guilty, or nolo contendere (no contest), to any felony charge, drug-related or other, will be discharged.

(e)   Any employee charged with a drug-related offense occurring on Agency property, while conducting Agency business, or while using a state vehicle, and which results in a non-felony conviction, guilty plea, or nolo contendere plea, is subject to disciplinary action and will be required to successfully complete a recognized drug treatment or rehabilitation program as a condition of continued employment.

(f)   Any DHS employee, whether convicted of, or who enters a guilty plea, or a nolo contendere plea, under a criminal drug statute, felony or misdemeanor, for violations occurring on Agency property, while conducting Agency business, or while using a state vehicle, must report such in writing to the appointing authority or designee within five days of conviction or of entering a guilty plea or a nolo contendere plea.

(1)   DHS offices or divisions who have programs funded in whole or in part by a federal program or agency, and who receive a report or other information of a workplace related drug conviction, guilty plea, or nolo contendere plea by an employee of that office or division, must within ten days of receiving the notice from the employee notify the appropriate federal funding agency in writing of the conviction and the disciplinary action taken by the Department.

(2)   A copy of the notification is provided to the Director, DHS, and the Director, Human Resources Management Division, DHS.

(3)   A DHS employee who fails to submit the required notice within five days of conviction or of entering a guilty plea or a nolo contendere plea is subject to discharge.

(g)   DHS provides drug-free workplace training to all employees. New employees receive the training within 12 months of the date of the employee's entry on duty. Local administrators and immediate supervisors ensure that employees receive the training.

(h)   Local administrators and immediate supervisors ensure that all employees under their direction receive a copy of this policy.

[Source: Amended at 13 Ok Reg 421, eff 11-14-95 (emergency); Amended at 13 Ok Reg 2583, eff 6-28-96; Amended at 16 Ok Reg 1008, eff 4-26-99; Amended at 19 Ok Reg 2182, eff 6-27-02]