Employee Alcohol and Illegal Drug Use
Employee Alcohol and Illegal Drug UseGeorgia Tech has a vital interest in maintaining safe and healthy working conditions for its employees. Being under the influence of a drug or alcohol on the job may pose serious safety and health risks not only to the user and to those who work with the user, but also to the students and public we serve. In compliance with the federal Drug-Free Workplace Act of 1988 and Drug-Free School and Communities Act Amendments of 1989, Georgia Tech has established this policy on employee alcohol and illegal drug use.
Georgia Tech employees must not perform job duties while using any substance in any manner that has a negative effect on performance of assigned duties or adversely affects Georgia Tech business. In accordance with federal and state laws and because of the potential detriment to the health and well-being of Georgia Tech employees, all employees are prohibited from engaging in the unlawful use, possession, manufacture, distribution, dispensation, or sale of alcoholic beverages, controlled substances (including marijuana), or other dangerous drugs on the campus of Georgia Tech (including all property owned or leased by Georgia Tech) and at all Georgia Tech activities on or off campus.
Federal, state, and local sanctions for those convicted of violating laws prohibiting the unlawful use, sale, possession, or distribution of alcohol, controlled substances, or other dangerous drugs include heavy fines, incarceration for various periods of time including life, forfeiture of assets, and suspension or loss of driver, business, or professional licenses.
It is Georgia Tech’s policy to educate our employees about wellness and the hazards of alcohol and drug abuse and the impact this has on their health and well-being, and to provide appropriate referrals to health professionals when problems are reported. Georgia Tech operates an Employee Assistance Program that provides free information and referrals to professional services for its faculty and staff on matters related to the abuse of alcohol and drugs. For more information about the Employee Assistance Program, please visit https://benefits.usg.edu/work-life/employee-assistance-program.
This policy applies to all employees, both faculty and staff (including full-time, part-time, student, temporary, intermittent and contracted employees).
Subcontracts with other organizations may require additional procedures for Georgia Tech employees working under those contracts.
Definitions
| Alcohol | The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol including methyl and isopropyl alcohol. |
| Controlled Substance | Any drug (including marijuana), substance, or immediate precursor in Schedules I through V of Official Code of Georgia Sections 16-13-25, 16-13-26, 16-13-27, 16-13-28, and 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308 (see “controlled substance” definition in Official Code of Georgia Section 16-13-21 (4)), as well as Schedules I through V of the Federal Controlled Substances Act: 21 United States Code Section 812 et seq. |
| Dangerous Drug | Prescription drugs as defined in the Official Code of Georgia Section 16-13-71. |
| Illegal Drug | All controlled substances and the illegal use of dangerous drugs. The term illegal drug shall not include any drug when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law. |
| 5.1 Annual Notice | |
| Office of Human Resources | The Georgia Tech Office of Human Resources is responsible for ensuring that this policy is distributed annually to each employee of Georgia Tech. |
| 5.2 Drug & Alcohol Testing | |
| Office of Human Resources | The Georgia Tech Office of Human Resources manages the process for pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow-up to rehabilitation drug and/or alcohol testing for employees per the Pre-Employment and Substance Abuse Screening Policy and Drug and Alcohol Testing Policy. |
| 5.3 Disclosure | |
| Pre-Arrest Disclosure | Per the University System of Georgia Policy 8.2.17 Voluntary Disclosure of Drug Use, if prior to arrest for an offense involving a controlled substance, including marijuana, or a dangerous drug, an employee notifies his or her supervisor that he or she illegally uses a controlled substance, including marijuana, or a dangerous drug, and is receiving or agrees to receive treatment under a substance abuse and education program approved by Georgia Tech Office of Human Resources, such employee shall be eligible to retain their position for up to 1 year, provided such employee follows the treatment program and is subject to random drug testing. Retention of such employee is conditioned upon satisfactory job performance and does not affect any disciplinary action for criminal conviction or drug related misconduct on the job. The employee’s work activities may be restructured if in the opinion of the immediate supervisor it is deemed advisable. This option is available to employees only once during a 5 year period and shall not apply to any such employee who has refused to be tested or who has tested positive for a controlled substance, including marijuana, or dangerous drug. |
Criminal Charge Disclosure
| Pursuant to University System of Georgia General Criteria for Employment Policy, any current employee charged with a crime (other than a minor traffic offense) shall report being charged with such crime in writing to the Georgia Tech Office of Human Resources within 72 hours of becoming aware of such a charge. Failure to report being charged with such a crime may result in appropriate disciplinary action, including termination of employment. The Georgia Tech Office of Human Resources - Employee Relations will review the nature of the crime and determine what, if any, action should be taken regarding the employee’s employment status until resolution of the charge. |
| 5.4 Conviction Notice | |
| All Convictions | Pursuant to University System of Georgia General Criteria for Employment Policy, any current employee convicted of a crime (other than a minor traffic offense) must report such conviction in writing to the Georgia Tech Office of Human Resources - Employee Relations within 24 hours of the conviction. Failure to report such conviction may result in appropriate disciplinary action, including termination of employment. The Georgia Tech Office of Human Resources - Employee Relations will review the nature of the crime and determine what, if any, action should be taken regarding the employee’s employment status. |
| Employees Working under Federal Contracts | If the employee is working under a federal contract, Georgia Tech Office of Sponsored Programs will notify the federal contracting agency within 10 calendar days after receiving notice from the employee, or otherwise receiving notice, of drug convictions that occur in the workplace. |
| 5.5 Employee Assistance Program | |
| Office of Human Resources - Employee Engagement & Well-Being Team | The Employee Assistance Program confidentially refers employees to resources such as clinics, physicians, and agencies. The Employee Assistance Program is provided at no cost to employees; however, the employee may be responsible for payment of services that are beyond the number of sessions provided by the Employee Assistance Program. For more information about the Employee Assistance Program, please visit the Employee Assistance Program (EAP) Human Resources page. |
Employee misconduct related to alcohol or drug abuse in violation of this policy will not be tolerated. Any employee who violates this policy or any state or federal law regarding the unlawful use, possession, manufacture, distribution, dispensation, and sale of alcoholic beverages, controlled substances (including marijuana), or other dangerous drugs shall be subject to appropriate disciplinary actions and penalties up to and including termination of employment and referral to appropriate federal, state, or local authorities for prosecution in the courts. Employees may be required, at the discretion of Georgia Tech, or as mandated by law, to participate satisfactorily in a substance abuse assistance or rehabilitation program.
To report suspected instances of noncompliance with this policy, please contact the Georgia Tech Office of Human Resources: employee-relations@ohr.gatech.edu or submit an Intake Form.
| Revision Date | Author | Description |
|---|---|---|
| October 2009 | Office of Human Resources | New Policy |
| October 2011 | Office of Human Resources | Legal compliance update |
| March 2018 | Office of Human Resources | Legal compliance update |
| October 2023 | GTHR | Updated to conform with USG HRAP updates. |
| September 2024 | GTHR | Editorial Updates |