Background
National Telecommuting Institute, (NTI) Community Rehabilitation Program (CRP) is a federal contractor within the meaning of the Drug-Free Workplace Act of 1988 (hereinafter, the "Act"). Consequently, NTI CRP is required to take certain steps toward maintaining and certifying to federal contractors and grantors that it strives to maintain a drug-free workplace. Accordingly, NTI CRP adopts the following policy:
Policy
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The NTI Community Rehabilitation Program (CRP) prohibits employees, contractors, statutory workers and recipients of services (i.e., consumers) from engaging in the unlawful manufacture, distribution, dispensation, possession or use of controlled substances in our workplace. The workplace includes not only the physical facility of NTI CRP, but all sites within the community where our staff and consumers work and/or provide a service. Further, employees, contractors, statutory workers and consumers are prohibited from being at work under the influence of any illicit substances.
Any employee or consumer engaged in such prohibited conduct or convicted of a crime involving a workplace drug violation shall be subject to disciplinary action up to and including termination. NTI CRP will weigh all relevant facts and circumstances in reaching a decision to discipline. In addition, an employee or consumer must report to their supervisor any criminal conviction for a workplace drug violation within five days of the conviction. The term "conviction" means a finding of guilty (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with responsibility to determine violation of state or federal criminal drug statutes.
- Within 30 days after receiving notices of such convictions, the Agency will impose the following sanctions or remedial measures on the individual involved: (A) take appropriate disciplinary action up to and including termination, or; (B) require such individual to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes.
- Nothing contained in this policy statement concerning employees, contractors, statutory workers or consumers shall be construed to limit, or in any way restrict, NTI CRP's treatment of drug-related incidents involving any of its employees, contractors, statutory workers or consumers.
- NTI CRP will establish a drug-free awareness program to inform employees, contractors, statutory workers and consumers about the dangers of drug abuse in the workplace, to reinforce the Agency's commitment to maintenance of a drug-free workplace with the meaning of the Act, and review the penalties that may be imposed on employees, contractors, statutory workers and clients for drug abuse violations. In addition, the drug-free awareness program will apprise employees, contractors, statutory workers of the availability of drug and drug rehabilitation counseling through community resources.
- employees, contractors, statutory workers and consumers shall be provided with a copy of this policy statement and shall be required to acknowledge, in writing, receipt of this policy and attendance at the drug-free awareness program specified in paragraph (4) above.
Procedures for Implementation of the Policy
- The Drug-Free Workplace Act of 1988 Policy Statement will be provided to all staff and consumers of NTI CRP. A sign-off sheet will be provided whereby the individual will acknowledge receipt of the policy.
- A Drug-Free Awareness program for all staff and clients will be developed by the Rehabilitation Services Department. The program will inform employees, contractors, statutory workers and clients of the dangers of drug abuse, any available drug counseling, rehabilitation or other assistance available, and the possible penalties for drug abuse for all individuals. A semiannual schedule will be established insuring that new staff and consumers participate in a Drug-Free Awareness Program.
- Any supervisor being informed of an individual's criminal conviction, as specified in paragraph (1) of the policy, will notify in writing, the Executive Director immediately.
- Within 15 days of such notice, the individual's Department Head (of the Director of Rehabilitation Services, in the case of a consumer) along with the Executive Director, will determine the appropriate disciplinary action to be taken. Disciplinary action will be imposed no later than 30 days after first receiving notification of the conviction.
- In the event the individual convicted was or is working on a federal contract, the Executive Director is required to notify the Contracting Officer within ten days of the notification received under paragraph (3) above.