Drug Free Workplace and Substance Abuse

Standards of Conduct and Purpose 

In compliance with the Drug-Free Schools and Communities Act Amendments of 1989 and the Drug-Free Workplace Act of 1988, MTSA prohibits the unlawful manufacture, possession, use, or distribution of illegal drugs, alcohol, and tobacco on the MTSA campus, any school-owned vehicle, at any school-sponsored activity or event, or on any campus of any affiliate site. Alcohol and drug misuse poses a threat to the health and safety of MTSA employees and the security of the School's equipment and facilities. For these reasons, MTSA is committed to eliminating drug and alcohol use and misuse in the workplace. 

MTSA will notify employees of its Drug Free Workplace and Substance Abuse policy and drug awareness program annually. MTSA will also perform a biennial review of its program and retain the records of that review in accordance with the Department of Education’s requirements. 

Scope 

This policy applies to all employees of MTSA. The Office of Human Resources (HR) is responsible for policy administration. 

Health Risks 

As part of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989, MTSA is required to inform all students, staff, and faculty of the health risks associated with the use of illicit drugs and the abuse of alcohol. MTSA recognizes that substance use disorders of any sort are a major health problem. 

Alcohol and other drugs are associated with many health risks. The use and abuse of alcohol and other drugs may have negative effects on one’s work performance and personal relationships. Some common health risks are addiction; damage to liver, heart, and to a developing fetus; accidents as a result of impaired judgment; and unwanted sexual activity that could result in sexual assault or sexually transmitted infections. 

For more information about the health risks associated with particular types of drugs and alcohol, please visit the National Institute on Drug Abuse's page, Commonly Abused Drugs Charts. 

Employee Assistance 

MTSA will assist and support employees who voluntarily seek help for drug or alcohol addiction before becoming subject to discipline or termination under this or other MTSA policies. Such employees will be allowed to use accrued paid time off, be placed on leave  

of absence, referred to treatment providers, and otherwise accommodated as required by law. Employees may be required to document that they are successfully following prescribed treatment and to take and pass follow-up tests if they hold safety-sensitive jobs, require driving, or have previously violated this policy. Once a drug test has been initiated under this policy, unless otherwise required by the Family and Medical Leave Act or the Americans with Disabilities Act, the employee will have forfeited the opportunity to be granted a leave of absence for treatment and will face possible discipline, up to and including termination. 

Employees should report to work fit for duty and free of any adverse effects of illegal drugs or alcohol. This policy does not prohibit employees from the lawful use and possession of prescribed medications. Employees must, however, consult with their doctors about the medications' effects on their fitness for duty and ability to work safely, and they must promptly disclose any work restrictions to the Office of Human Resources. 

Work Rules 

1. Whenever employees are working, operating any MTSA vehicle, present on MTSA premises, or conducting MTSA-related work offsite, they are prohibited from: 

• Using, possessing, buying, selling, manufacturing, or dispensing illegal drugs (including possession of drug paraphernalia). 
• Being under the influence of alcohol or illegal drugs as defined in this policy. 

• Possessing or consuming alcohol. 

2. The presence of any detectable amount of illegal drugs, controlled substances, or alcohol in an employee's body while performing MTSA business or while in a MTSA facility is prohibited. 

3. MTSA will also not allow employees to perform their duties while taking prescribed drugs that adversely affect their ability to perform their job duties safely and effectively. Employees taking prescribed medication must carry it in a container labeled by a licensed pharmacist or be prepared to produce the container if asked. 

4. Any illegal drugs or drug paraphernalia will be turned over to an appropriate law enforcement agency and may result in criminal prosecution. 

Required Testing 

Reasonable Suspicion 

Employees are subject to testing based on observations of apparent workplace use, possession, or impairment by at least one member of administration and the supervisor. The Office of Human Resources should be consulted before sending an employee for testing. The reasonable suspicion observation checklist must be used to document specific observations and behaviors that create a reasonable suspicion that an employee is under the influence of illegal drugs or alcohol. 

Examples include: 

• Odors (smell of alcohol, body odor, or urine). 

• Movements (unsteady, fidgety, dizzy). 

• Eyes (dilated, constricted, or watery eyes, or involuntary eye movements). 

• Face (flushed, sweating, confused, or blank look). 

• Speech (slurred, slow, distracted mid-thought, inability to verbalize thoughts). 

• Emotions (argumentative, agitated, irritable, drowsy). 

• Actions (yawning, twitching). 

• Inactions (sleeping, unconscious, no reaction to questions). 

When reasonable suspicion testing is warranted, both the supervisor and HR will meet with the employee to explain the observations and the requirement to undergo a drug and/or alcohol test within two hours. Refusal by an employee will be treated as a positive drug test result and will result in immediate termination of employment. 

Under no circumstances is an employee allowed to drive themselves to the testing facility. A member of administration or HR must either transport the employee directly or arrange for a cab and ensure that the employee is safely transported home. 

Post-Accident 

Employees are subject to testing when they cause or contribute to accidents that seriously damage a MTSA vehicle, machinery, equipment, or property, or result in an injury to themselves or another employee requiring offsite medical attention. A circumstance that constitutes probable belief will be presumed to arise in any instance involving a work-related accident or injury where an employee operating a motorized vehicle is found responsible for causing the accident. In these instances, the investigation and subsequent testing must occur within two hours following the accident, if not sooner. Refusal by an employee will be treated as a positive test result and will result in immediate termination of employment. 

Collection & Testing Procedures 

When it is suspected that an individual is under the influence of substances or may be abusing substances, the following protocol must be followed: When the MTSA representative meets the suspected individual for the first time after an allegation, the representative must ensure that the suspected individual is not left unsupervised while on campus. The suspected individual must be transported to the drug testing facility. Once at the facility, the suspected individual is then supervised by the collection facility's personnel. Under no circumstances should a suspected individual be allowed to drive a vehicle at this point. 

The first specimen collected by the facility will be unobserved by a witness (per the protocol of the specimen collection facility), giving the suspected individual the benefit of the doubt. If the personnel at the specimen collection facility determine that the first specimen submitted is not within normal limits (i.e., is “too hot” or “too cold”) and they suspect it may have been tampered with or altered, a second specimen must be collected and witnessed. 

After specimen collection, the suspected individual should be transported home, either by MTSA personnel or a taxi. If a taxi is utilized, the cost will be the responsibility of the suspected individual. By ensuring that the suspected individual did not drive but was transported safely home, MTSA has fulfilled its duty to protect the individual’s safety and that of others. Even after ensuring the suspected individual has been safely transported home, they should be advised not to drive until at least 24 hours have passed or the results of the analysis are known. If the suspected individual refuses transportation arrangements provided by MTSA, the Executive Administration reserves the right to notify the proper authorities of the potential risk to the general public and could subject the individual to termination. 

It will take at least 24 hours for initial specimen analysis and the return of results to the specimen collection facility. Per the specimen collection facility procedures, if a Medical Review Officer needs to be consulted regarding the results, this will occur before the return of official results to the specimen collection facility and may take a few days. After the specimen collection facility receives the final results, they will contact the MTSA Office of Human Resources to report the results. 

The suspected individual may not return to work until the specimen results are known. If the specimen is negative AND no Medical Review was needed, the employee should be allowed to return to work without further action taken or loss of clock hours. 

MTSA Sanctions for Employees 

Consequences 

Employees who refuse to cooperate in required tests or who use, possess, buy, sell, manufacture, or dispense illegal drugs in violation of this policy will be terminated. The first time an employee tests positive for alcohol or illegal drug use under this policy, the employee will be subject to discipline up to and including termination. Whether such an employee is offered a last-chance basis to maintain their job depends on the circumstances and the employee’s work history/record. 

Employees will be paid for reasonable time spent in alcohol/drug testing and then suspended pending the results of the test. After the results are received, a meeting will be scheduled to discuss the results, including a member of administration and one from the Office of Human Resources. If the results are negative, the employee will receive back pay for the work hours/days of suspension. 

Inspections 

MTSA reserves the right to inspect all portions of its premises for drugs, alcohol, or other contraband. All employees, faculty, and visitors may be asked to cooperate in inspections of their persons, work areas, and property that might conceal drugs, alcohol, or other contraband. Employees who possess such contraband or refuse to cooperate in such inspections are subject to appropriate discipline, up to and including termination. 

All employees consent to and agree to inspections of themselves, their vehicles, lockers, and personal property brought onto MTSA property that might conceal alcohol, drugs, or other inappropriate materials. 

Crimes Involving Drugs 

MTSA prohibits all employees from manufacturing, distributing, dispensing, possessing, or using illegal drugs on MTSA premises or while conducting School business. MTSA employees are also prohibited from misusing legally prescribed or over-the-counter (OTC) drugs. Law enforcement personnel may be notified, as appropriate, when criminal activity is suspected. 

MTSA does not desire to intrude into the private lives of its employees but recognizes that employees' off-the-job involvement with drugs and alcohol may impact the workplace. Therefore, MTSA reserves the right to take appropriate disciplinary action for drug use, sale, or distribution while off MTSA premises. All employees convicted of, pleading guilty to, or sentenced for an illegal drug crime must report the conviction, plea, or sentence to the Office of Human Resources within four business days. Failure to comply will result in automatic termination. Cooperation in complying may result in suspension without pay to allow Executive Administration to review the nature of the charges and the employee's past record with the organization. 

Legal Sanctions Under State and Federal Law 

The following is a summary of Tennessee and federal sanctions for the unlawful use of controlled substances and alcohol. While the summary is a good faith effort to provide information, MTSA does not guarantee that it is error-free or exhaustive. 

Under state law, it is unlawful for any person under the age of twenty-one (21) to buy, possess, transport (unless in the course of their employment and over the age of 18), or consume alcoholic beverages, including wine or beer. It is also unlawful for any adult to buy alcoholic beverages for or furnish them for any purpose to anyone under twenty- one years of age. These offenses are classified Class A Misdemeanors punishable by imprisonment for not more than eleven months and twenty-nine days, or a fine of not more than $2,500, or both. (T.C.A. §§ 1-3-113, 39-15-404, 57-5-301.) The offense of public intoxication is a Class C Misdemeanor punishable by 11 hours of community service, possible revocation of driver's license, imprisonment of not more than thirty days or a fine of not more than $50, or both. (T.C.A. § 39- 17-310.) Under Tennessee law, the offense of possession or casual exchange of a controlled substance (such as marijuana) is punishable as a Class A Misdemeanor (eleven months twenty- nine days and/or a fine of $2,500). For the third and subsequent offense of possession of 1/2 oz. or less of marijuana, punishment is one to six years of imprisonment and a $3,000 fine. If there is an exchange from a person over twenty-one years of age to a person under twenty-one, and the older person is at least two years older than the younger, and the older person knows that the younger is under twenty-one years of age, then the offense is classified as a felony. Possession of more than 1/2 oz. of marijuana under circumstances where intent to resell may be implicit is punishable by one to six years of imprisonment and a $5,000 fine for the first offense. (T.C.A. §§ 39-17-417, 39-17-418; 21 U.S.C. § 801, et seq.) 

State penalties for possession of substantial quantities of a controlled substance or for manufacturing or distribution range up to a maximum of fifteen to sixty years of imprisonment and a $500,000 fine. (Title 39, T.C.A., Chapter 17.) For example, possession of more than twenty-six grams of cocaine is punishable by eight to thirty years of imprisonment and a $200,000 fine for the first offense. 

The state may, under certain circumstances, impound a vehicle used to transport or conceal controlled substances. 

State penalties for possession of substantial quantities of a controlled substance or for manufacturing or distribution range up to a maximum of fifteen to sixty years of imprisonment and a $500,000 fine. (Title 39, T.C.A., Chapter 17.) For example, possession of more than twenty-six grams of cocaine is punishable by eight to thirty years of imprisonment and a $200,000 fine for the first offense. 

The state may, under certain circumstances, impound a vehicle used to transport or conceal controlled substances. 

United States Penalties and Sanctions for Illegal Possession of a Controlled Substance:  

21 U.S.C. 844(a) 

• First conviction: Up to one year imprisonment and fine of at least $1,000. 

• After one prior drug conviction: At least fifteen days in prison, not to exceed two years, and fine of at least $2,500. 

• After two or more prior drug convictions: At least ninety days in prison, not to exceed three years, and a fine of at least $5,000. 

21 U.S.C. §§ 853(a)(2) and 881(a)(7) 

• Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one year imprisonment.  

21 U.S.C. § 881(a)(4)  

• Forfeiture of vehicles, boats, aircraft, or any other conveyance used to transport or conceal a controlled substance. [An automobile may be impounded in cases involving any controlled substance in any amount.] 

21 U.S.C. § 844a  

• Any individual who knowingly possesses a controlled substance in a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.  

21 U.S.C. § 862  

• Denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one year for first offense, up to five years for second and subsequent offenses.  

18 U.S.C. 922(g)  

• Ineligibility to receive or purchase a firearm or ammunition. 

Confidentiality 

Information and records relating to test results, drug and alcohol dependencies, and legitimate medical explanations will be kept confidential to the extent required by law and maintained in secure files separate from normal personnel files. 

Resources 

• Human Resources - (615) 732-7854  

• Employee Assistance Program (EAP) - (800) 964-3577  

• Tennessee REDLINE (Substance Abuse Referral Hotline) - (800) 889-9789  

• Narcotics Anonymous - (800) 945-4673  

• Alcoholics Anonymous (Middle Tennessee Central Office) - (615) 973-9898 

Definitions 

"MTSA premises" includes all buildings, offices, facilities, grounds, parking lots, clinical sites, places and vehicles owned, leased or managed by MTSA or any site on which the institution is conducting business. 

"Illegal drug" means a substance whose use or possession is controlled by federal law but that is not being used or possessed under the supervision of a licensed health care professional. (Controlled substances are listed in Schedules I-V of 21 C.F.R. Part 1308.) 

"Refuse to cooperate" means to obstruct the collection or testing process; to submit an altered, adulterated or substitute sample; to fail to show up for a scheduled test; to refuse to complete the requested drug testing forms; or to fail to promptly provide specimen(s) for testing when directed to do so, without a valid medical basis for the failure. Employees who leave the scene of an accident without justifiable explanation prior to submission to drug and alcohol testing will also be considered to have refused to cooperate and will automatically be subject to discharge. 

"Under the influence of alcohol" means an alcohol concentration equal to or greater than .04, or actions, appearance, speech or bodily odors that reasonably cause a supervisor to conclude that an employee is impaired because of alcohol use. 

"Under the influence of drugs" means a confirmed positive test result for illegal drug use per this policy. In addition, it means the misuse of legal drugs (prescription and possibly OTC) when there is not a valid prescription from a physician for the lawful use of a drug in the course of medical treatment (containers must include the patient's name, the name of the substance, quantity/amount to be taken and the period of authorization).