Drug and Alcohol-Free Workplace Policy

Montclair State University is committed to providing a safe and productive work environment for all employees. To achieve this goal and to comply with the Drug-Free Workplace Act of 1988, employees are prohibited from possessing, distributing, manufacturing, consuming, or being under the influence of alcohol, illegal drugs, or controlled substances while on University premises.

Employees who appear to be under the influence of alcohol, illegal drugs, or controlled substances shall not be permitted to work, particularly when the University has reasonable cause to suspect that their business judgment, personal safety, work performance, or the safety of others may be impaired.

For purposes of this policy, "illegal drugs or controlled substances" refer to those defined as illegal under federal, state, and/or local laws. They include, but are not limited to, all forms of narcotics, depressants, stimulants, hallucinogens, or other drugs whose use, possession, or transfer is restricted or prohibited by law (except for drugs prescribed by a physician or dentist and used according to instructions for the purpose for which they were prescribed).

If there is reasonable cause to suspect that an employee is in possession of illegal drugs or controlled substances, the University reserves the right to conduct searches of its property, vehicles, and facilities, including work areas, desks, and lockers assigned to employees, at any time. In addition, it reserves the right to search an employee’s person and/or personal property, such as but not limited to lunch boxes or bags, pocketbooks, or briefcases if such property is brought onto University premises or into University vehicles. University Police shall conduct such searches when there is reasonable cause to believe that an employee may be in possession of alcohol, illegal drugs and/or controlled substances and/or if an employee’s business judgment, job performance, or the safety of others may be affected by the use of drugs or alcohol.

The University recognizes that drug abuse and/or dependency are medical/behavioral conditions that may be successfully treated. Employees with drug and/or alcohol problems are encouraged to request assistance from the Employee Advisory Program (EAP). The EAP is a confidential counseling service to help state employees and their families who are experiencing problems with job performance because of drugs, alcohol, compulsive gambling, family and marital conflicts, stress, depression, interpersonal conflicts, and anxiety. Participation in the EAP is voluntary and confidential; however, a request for assistance or participation in the EAP does not excuse an employee from charges of violation of this policy. The only exception to the EAP confidentiality provision occurs when the University refers an employee to the EAP provider as set forth in this policy.

Employees in violation of this policy are subject to appropriate disciplinary action, up to and including termination.

Guidelines

Employees are required to report to work and remain at work in condition to perform assigned duties free from the effects of alcohol or drugs.

Off-the-job illegal drug activity or alcohol abuse that could have an adverse effect on an employee’s job performance or that could jeopardize the safety of other employees, the public, University equipment, or the University’s relations with the public constitutes a violation of this policy and will not be tolerated.

In addition to disciplinary action up to and including termination, an employee who is involved with the use, sale, or personal possession (e.g., on the person or in a desk or vehicle) of illegal drugs while on the job, including rest periods and meal periods, or on University property may also be subject to criminal prosecution. Any illegal drugs found shall be turned over to the appropriate law enforcement agency.

Alcohol consumption is generally prohibited during the workday, including rest periods and meal periods, except at authorized University-sponsored events where alcohol is served. The use, sale, or personal possession (e.g., on the person or in a desk or vehicle) of alcohol during work time or on University property shall result in disciplinary action up to and including termination.