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UNIVERSITY POLICY 

To set policy that: (1) addresses the behavioral issues associated with impaired staff; (2) provides assistance to impaired staff and (3) protects the health and safety of patients, students and employees of the University.

II.       ACCOUNTABILITY

Under the direction of the President, the Vice President for Human Resources shall be responsible for ensuring compliance with this policy. All managers/supervisors shall be responsible for implementing this policy in collaboration with Labor Relations, and ensuring staff appearing to need assistance are referred to the Employee Assistance Program (EAP).

III.      DEFINITION

An impaired staff member is one who is unable to participate within the University environment and perform his/her job duties with requisite skill and safety. This impairment may be due to alcohol and/or drug dependency, mental and/or emotional disorder, or other medical disorders. Signs and symptoms of such impairment could include, but are not limited to a pattern of the following:

• Unusual or inappropriate behavior
• Negative changes in performance of assigned duties
• Frequent or unexplained absences and/or tardiness from duties
• Frequent or unexplained illnesses or accidents
• Conduct which may constitute violations of law, including citations for driving while impaired
• Significant inability to contend with routine difficulties and to act to overcome them

 See also EXHIBIT A, Employee Problem Behavior Checklist and EXHIBIT B, Indications of Impairment.

IV.     REFERENCES

A.       Employee Assistance Program                  00-01-30-45:05

B.       Individuals with Handicaps/Disabilities       00-01-35-40:00

C.      Medical/FMLA Policy                               30-01-40-40:00

V.      POLICY

A.       Requirements:

This policy applies to all staff members, whether temporary, regular, full or part-time. It addresses the behavior of impaired staff and the staff member’s ability to perform his/her job, including attendance. Physical and mental disorders and alcohol and other drug abuse are often treatable and it is the policy of the University to assist impaired staff (as defined above) in obtaining treatment.

1.        If impairment is caused by a disability, it shall be the staff member’s obligation to comply with University policy, Individuals with Handicaps/Disabilities, 00-01-35-40:00 with regard to requests for accommodation.

2.       Impairment of staff due to substance abuse and other forms of mental and physical disorders adversely affects all aspects of the University’s missions. Conduct related to impairment may be sufficient grounds for disciplinary action, including dismissal, and may require immediate action to protect the health and safety of others. The University's concern regarding impairment is not, however, limited to its effects on the staff member's ability to perform his/her job and/or attendance on the job. In some cases, conduct off duty may result in a staff member being removed from work temporarily or permanently if such conduct may affect the staff member's ability to perform his/her job in a safe and efficient manner.

3.       The University makes available trained professionals to provide counseling to help impaired staff members; staff members who have an impairment which is affecting their performance and/or attendance are encouraged to seek assistance through the University’s Employee Assistance Program (EAP). Supervisors will make referrals to the EAP based on observation and/or documented unsatisfactory performance and/or attendance. In cases where a leave of absence is recommended by a diagnostician or counseling agent, a leave may be granted for treatment or rehabilitation on the same basis as is granted for other health problems. Refer to the Human Resources Medical/FMLA policy, 30-01-40-40:00.

4.       The Employee Assistance Program in no way diminishes the University's right to impose discipline. If a staff member violates University work rules or policies, participation in the Employee Assistance Program will not serve as a defense, nor mitigate the circumstances of the offense. Neither the availability of this program, nor participation therein will serve to absolve staff members of their responsibility.

5.       Any grievances regarding this policy by unionized staff members will be handled in accordance with the applicable collective bargaining agreement.

6.       The University’s goal is to provide a drug-free workplace and to comply with the Drug-Free Workplace Act (see University policy, Drug-Free Environment, 00-01-10-60:00).

B.       Responsibilities:

Supervisors/Managers:

Supervisors and Managers will be responsible for the following:

1.        implementing this policy and ensuring that every effort is made to assist staff members in overcoming an impairment affecting the safe and effective performance of job duties; supervisors may consult with Labor Relations.

2.        the timely identification and documentation of impaired work performance or conduct and performance which deteriorates from acceptable to unacceptable; refer to Employee Problem Behavior Checklist (EXHIBIT A) and Indications of Impairment (EXHIBIT B).

3.       implementation of corrective or disciplinary actions; and

4.       maintaining the confidentiality of information and protecting the staff member’s privacy to the maximum extent possible.

Staff Members:

1.       Staff members are expected to be aware of the requirements of this policy. Further, staff members are expected to fully cooperate with supervisors and the procedures of this policy;

2.       Staff members who suspect that a fellow staff member’s performance may be impaired by drugs or alcohol are expected to bring this matter to the attention of the supervisor; and

3.       It is the staff member’s responsibility to report to the immediate supervisor any physical or mental impairment which may be the result of illness or injury or the use of a chemical substance which could adversely affect his/her ability to perform job duties. Staff members shall also report to their supervisor the temporary use of any prescription or over the counter medication if it may in any way cause impairment in job performance.

V.      PROCEDURES

A.       If a supervisor believes that a staff member has either reported to work in an unfit condition or has become unfit during the course of the shift, the following procedure should be followed:

1.       The department supervisor shall immediately remove the staff member from the work area to a private area and call another supervisor.

2.       The supervisors shall jointly try to determine the reason for the staff member’s apparent inability to safely and adequately perform work duties. If another supervisor is not available the department supervisor shall be responsible for such determination.

3.       The supervisor(s) shall document the observed behaviors which have given them reasonable cause to believe the staff member is impaired or unfit for duty.

4.       The supervisor shall promptly consult with the campus Labor Relations manager in the Department of Human Resources concerning the matter and any disciplinary measures that may apply as soon as practicable.

5.       If it is determined that the staff member is unfit to work, the supervisor shall call a family member to transport the staff member home or send the staff member home in a taxi at the staff member’s expense.

6.      Under no circumstances is the staff member permitted to drive home. If the staff member refuses assistance in getting home the supervisor shall notify Public Safety that the staff member is preparing to operate a motor vehicle.

B.      The staff member will be approved to return to work at the sole discretion of the University.

VI.     EXHIBITS

A.       Employee Problem Behavior Checklist

B.       Indications of Impairment

By Direction of the President:

______________________________________
Vice President for Human Resources

EXHIBIT A

 Employee Problem Behavior Checklist
(Adopted from the UBHC Employee Assistance Program)

 Absenteeism

 On-Job Absenteeism

 High Accident Rate

 Changes in Personal Habits

 Poor Job Performance

Poor Interpersonal Relationships on the Job

EXHIBIT B

Indications of Impairment 

(Adopted from the UBHC Employee Assistance Program)

Physical Appearance

Unusual/Abnormal

Cognitive (Mental) Factors

 

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