Alcohol and Drug Free Workplace
Keuka College is committed to providing and maintaining a workplace that is safe and healthful. Consistent with that commitment, the College. has adopted this alcohol and drug-free workplace policy. The use, influence of, or impairment by alcohol or drugs in the workplace presents a risk to the safety and security of employees, team members, students, customers, and all others. Moreover, use of or impairment by drugs or alcohol can directly impact productivity and efficiency of our operations. Therefore, it is College policy to prohibit the use, sale, manufacture, transfer, distribution, possession, dispensation, consumption, cultivation, or impairment by alcohol or drugs, including marijuana (cannabis) and other intoxicating substances, on College property, during working hours (including meal periods/rest breaks), while otherwise engaged in College business, or with the use of or while using College equipment or property.
The unlawful manufacture, distribution, dispensation, formulation, possession, sale, transfer or use of illegal drugs, marijuana, controlled substances, other illegal substances or non-prescribed prescription drugs is not permitted on College property (including any parking areas) or while on duty in the employment of Keuka College. Such conduct is also prohibited during non-working time to the extent that, in the opinion of Keuka College, it impairs an employee’s ability to perform on the job and/or threatens the reputation or integrity of the College. However, this policy does not prohibit lawful off-duty use or consumption of marijuana (cannabis) as protected by New York State law.
“Controlled substances” are defined as those drugs listed in Schedule I through V of Section 202 of the Federal Controlled Substances Act (21 U.S.C. 812) as amended, and include but are not limited to marijuana, cocaine, (including “crack” and other cocaine derivatives), morphine, codeine, Phenobarbital, heroin amphetamines, and any barbiturates. For the purpose of this policy “drugs” shall also include: “look-alike drugs,” “designer drugs,” and drugs that are legally obtainable but have been obtained without authorization (e.g., without prescription) or that are used inappropriately (e.g., not in accordance with the prescription).
Employees are prohibited from reporting for duty while under the influence of alcohol, marijuana (cannabis), drugs, or other intoxicating substances. Employees may not consume alcohol, use drugs or other intoxicating substances, or otherwise be impaired by alcohol or drugs or other intoxicating substances on College property or while on duty in the employment of the College. This includes while in the field and engaged in Keuka College work even if the work performed is not on College owned property.
The College will make good faith efforts to establish and maintain a drug-free workplace in accordance with its obligations under the Drug Free Workplace Act and the Drug-Free Schools and Communities Act.
Reporting of Drug Convictions
In accordance with the Drug-Free Workplace Act, any employee convicted of any criminal drug statute violation which has occurred in or on College premises (or workplace premises, if not directly on College premises), is required to notify the College within five (5) calendar days following such a conviction. Any supervisor with knowledge or that has received notice of a conviction for a criminal drug offense on College premises (or workplace premises) must immediately notify Human Resources. The College is obligated to notify the appropriate federal contracting agency within ten (10) days of receipt of notice of an employee conviction.
Medical Marijuana
The College recognizes that New York’s Compassionate Care Act legalizes a physician’s prescription of marijuana for individuals with certain medical conditions. An employee who qualifies as a patient under the laws and complies with its regulations may be entitled to a reasonable accommodation. An employee who believes that they qualify for these protections and needs a reasonable accommodation should contact The Office of Human Resources. The College may request supporting documentation including but not limited to a copy of the individual’s medical marijuana card, documentation from an employee’s medical provider, including an assessment of what, if any accommodations may be appropriate and necessary. It is the College’s policy not to discriminate against a qualified individual with a medical marijuana prescription with regards to any terms or conditions of employment. Employees are reminded, however, that use of, possession of, or impairment by marijuana during working time and on College premises or while engaged in College business is still generally prohibited.
Adult Use of Recreational Marijuana (NY Employees)
The College recognizes that effective March 31, 2021, New York legalized adult recreational use of marijuana (cannabis). In accordance with state law, the College will not refuse to hire, employ, or will not discharge an employee, or otherwise discriminate against an individual in terms, conditions, or privileges of employment because of an individual’s lawful off-duty use of consumable cannabis products or for engaging in lawful off-duty cannabis related recreational activities, in accordance with state law.
However, the following conduct is still explicitly prohibited:
- Possession, purchase, sale, cultivation, or use of marijuana (cannabis) during work hours (including during meal or break periods), on College premises, and/or while using College equipment or College -owned property (including College owned vehicles or vehicles used in the course of conducting College -business).
- Working while impaired by the use of marijuana (cannabis), meaning the employee manifests specific articulable symptoms while working, which may include a decrease or decline in the employee’s performance of the duties or tasks of their position, or which interfere with the College’s obligation to provide a safe and healthy workplace,
- Driving while impaired by the use of marijuana (cannabis) while engaged in College business.
- Smoking marijuana (cannabis) in any location where smoking tobacco is prohibited.
- Engaging in conduct that otherwise endangers others.
The College reserves the right to require employees who exhibit articulable symptoms to submit to a drug test, in accordance with applicable law. The College may take appropriate action, including discipline up to and including termination, based on a violation of this policy in compliance with applicable law and regulations.
Nothing in this policy prohibits or limits the College from taking action as required by state or federal statute, regulation, ordinance, or other governmental mandate. Moreover, nothing in this policy requires the College to commit any act that would cause it to be in violation of federal law, or which would result in the loss of a federal contract or federal funding.
Lawful Use of Prescription Drugs and/or Over the Counter Medication
This policy does not prohibit an employee from possessing or using prescription drugs which are lawfully prescribed to them by their health care provider and used in accordance with the prescribing health care provider’s instructions (“as prescribed”), provided that the prescription drugs do not adversely affect the employee’s job performance or create a threat to the health and safety of the employee, co-workers, or others in the workplace, or in the course of performing the employee’s duties. Prescription drugs and other over-the-counter medications must be contained in the original prescription container and kept in the possession of the employee for whom the medication was prescribed. Employees are responsible for understanding whether use of a prescription or over-the-counter medication would, will, or does affect their ability to perform the essential functions of their position, pose issues with the employee’s ability to safely perform their job duties, or otherwise create any risk of harm (e.g., drowsiness, impaired reflexes, reaction time, etc.). Employees should check with their medical provider to determine whether or not such impairment is likely. Any employee taking medication that is likely to, or does impair their ability to safely perform their job or affect the safety or wellbeing of others must notify the CFO if the use of a prescription drug affects or could affect their job performance and/or create a threat to health and safety before reporting to work or engaging in any such job functions where safety could be jeopardized by the use of such substances. NOTE: Employees do not need to identify the specific medication they are taking or the underlying medical condition for which the medication is being taken. Absent undue hardship, the College will reasonably accommodate an employee’s lawful use of prescription drugs as required by applicable federal, state, and local law. An employee seeking an accommodation should contact The Office of Human Resources. The College may require submission of additional supporting information from the employee’s health care provider, including an assessment of what, if any accommodations may be appropriate and necessary.
Employees should report any suspected violations of this policy to their immediate supervisor, Department and/or Division Head, or The Office of Human Resources. Violations of this policy may result in disciplinary action, up to and including termination.