16.65 Drug and Alcohol Free Workplace

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Scope: NMSU System

Source: RPM Title 16 | Safety and Risk Management

Policy Administrator:

Last Updated: 07/15/2008



Revision History:

Recompiled 2017, formerly Policy 3.40
07/15/2008 Amendment approved by Board of Regents

The university is a recipient of federal grants and contracts in excess of $100,000 and is subject to the provisions of the Drug-Free Workplace Act of 1988, the special Drug-Free Workforce rules promulgated by the Department of Defense, and the Drug Free Schools and Communities Act. The Board of Regents has directed the Chancellor to institute and maintain programs that meet the requirements of federal drug and alcohol regulations. These programs are administered through the Office of Human Resource Services.

A. General Policy Prohibiting Drugs and Alcohol on NMSU Property

The unlawful possession, use, or distribution of illicit drugs and alcohol on its property or as part of any of its activities is prohibited and a violation of university policy. University property is defined as all lands and building under the control of the Board of Regents. It is a federal requirement and a university policy that, as a condition of employment, an employee will notify the immediate supervisor within 5 days after conviction of a criminal drug offense occurring in the workplace. Supervisors will inform the Office of Human Resource Services, through appropriate channels, of any notifications received.


B. Disciplinary Sanctions for Employees

Employees who violate the university’s alcohol or drug policies are subject to termination, demotion, or suspension. Additionally, employees may be required to report to the Employee Assistance Program for a clinical assessment and participate in a recommended counseling/rehabilitation program. When returned to work, the employee must comply with all university policies and maintain acceptable job performance or be subject to appropriate disciplinary action.