Okla. Admin. Code § 612:20-3-38
Current through Vol. 42, No. 4, November 1, 2024
Section 612:20-3-38 - Use of alcohol, drugs and controlled substances by employees (Drug-Free Workplace)(a) The Department of Rehabilitation Services has committed itself to a continuing good faith effort to maintain a drug-free workplace. The Oklahoma School for the Blind and the Oklahoma School for the Deaf recognize that alcohol and drug abuse in the workplace has become a major concern. The object of the schools' alcohol and drug prevention program is to provide a safe and secure workplace to comply with federal and state health and safety regulations, and to prevent accidents. (b) Staff development programs shall be conducted to inform each employee of the school's drug-free workplace program; the dangers of drug abuse in the workplace; this policy; available drug counseling and rehabilitation programs; and the penalties that may be imposed for drug abuse violations occurring in the workplace. (c) The unlawful possession, sale, distribution, manufacture, or use of any drug, narcotic or controlled substance as defined in the Uniform Controlled Dangerous Substances Act and/or Title 63 O.S. 2-101 by any employee at any time on school premises or while on school business is prohibited and will not be tolerated. Judgment regarding the use of such substances will be based upon behaviors related to being under the influence of such substances or having an adverse effect upon job performance. Any employee found to be in violation of this policy will be subject to disciplinary action which may include termination of employment or satisfactory participation, at the employee's expense, in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (d) Each employee of the Oklahoma School for the Deaf or the Oklahoma School for the Blind is hereby notified that, as a condition of employment, the employee must abide by the terms of this policy. In addition, the employee must notify the Superintendent or his/her designee of any criminal drug statute conviction regardless of where it occurred. Such notification must be made to the Superintendent or his/her designee no later than five (5) calendar days after conviction. In compliance with the Drug-Free Workplace Act the Superintendent shall provide notice of such violation to the Impact Aid Program, United States Department of Education, or other appropriate government agency within ten (10) calendar days after receiving such notice from the employee or otherwise receiving actual notice of such conviction. Within thirty (30) calendar days of receipt of the above notification, the School will take appropriate disciplinary action which may include termination of employment or require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency at the employee's expense. (e) The unlawful possession, sale, distribution, manufacture, or use of an intoxicating beverage as defined in 37A O.S. § 1-103 by any employee in the workplace will not be tolerated. Judgment regarding the use of such substances will be based upon behaviors related to being under the influence of such substances or having an adverse effect upon job performance. Any employee found to be in violation of this policy will be subject to disciplinary action which may include termination of employment or satisfactory participation in an alcohol abuse assistance or rehabilitation program at the employee's expense Okla. Admin. Code § 612:20-3-38
Added at 15 Ok Reg 1800, eff 7-1-98Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020