UTTC is committed to providing a safe and productive work environment. Alcohol and drug abuse pose a threat to the health and safety of employees and to the security of our equipment and facilities. For these reasons, UTTC is committed to the elimination of alcohol or drug use and abuse in the workplace.
This policy outlines the practice and procedure designed to correct instances of identified alcohol or drug use in the workplace. This policy applies to all employees and all applicants for UTTC employment.
Employee Assistance Program (EAP)
Illegal drug use and alcohol misuse have a number of adverse health and safety consequences. The Human Resources Department will provide information about those consequences and sources of help for alcohol or drug problems through the EAP.
UTTC will assist and support employees who voluntarily seek help for such problems before becoming subject to corrective action or dismissal under this or other policies. Such employees may be allowed to use available paid leave, referred to treatment providers, and otherwise accommodated as required by law. Such employees may be required to document that they are successfully following prescribed treatment and to take and pass follow-up tests if they are employed in positions are safety sensitive, require driving, or if they have previously violated this policy.
Employees must report to work fit for duty and free of any adverse effects of illegal drugs or alcohol. This policy does not prohibit employees from the lawful use and possession of prescribed medications. Employees must, however, consult with their doctors about the medications’ effect on their fitness for duty and ability to work safely and promptly disclose any work restrictions to their supervisor. Employees should not, however, disclose underlying medical conditions unless directed to do so.
The following work rules apply to all employees or contractors:
• Whenever employees or contractors are working, are operating any UTTC vehicle, are present on UTTC premises, or are conducting related work off-site, they are prohibited from:
- Using, possessing, buying, selling, manufacturing or dispensing an illegal drug (to include possession of drug paraphernalia).
- Being under the influence of alcohol or an illegal drug as defined in this policy.
• The presence of any detectable amount of any illegal drug or illegal controlled substance in an employee’s or contractor’s body while performing UTTC business or while in a UTTC facility is prohibited.
• UTTC will not allow any employee or contractor to perform their duties while taking prescribed drugs that are adversely affecting the employee’s or contractor’s ability to safely and effectively perform their job duties. Employees or contractors taking a prescribed medication must carry that medication in the container labeled by a licensed pharmacist or be prepared to produce a prescription if asked.
• Any illegal drugs or drug paraphernalia will be turned over to an appropriate law enforcement agency and may result in criminal prosecution.
UTTC retains the right to require the following tests:
• Pre-employment: Applicants are required to pass a drug test before beginning work or receiving an offer of employment. Refusal to submit to testing will result in disqualification of employment consideration for a period of 12 months from the date of refusal.
• Random: All employees are subject to random testing to ensure compliance with the UTTC Drug-Free Workplace Policy. Those employees in safety sensitive positions, such as Bus Drivers, Security Officers, Childcare Providers, or other similar positions, are subject to more frequent testing. Random testing is defined as a selection of employees for testing performed by an outside party. The selection will result in an equal probability that any employee from a group of employees will be tested.
• Reasonable suspicion: All employees are subject to testing based on observations that are specific and made at the time of the observation of the suspected impairment. Suspected impairment must be based on the appearance, behavior, speech, or body odors of the employee. The report of the impairment will be made to the supervisor or a college administrator, who will notify the Human Resources Department. The Human Resources Department will schedule the testing and notify the employee.
• Post-accident: All employees are subject to testing when they cause or contribute to accidents that damages a UTTC vehicle, machinery, equipment, or property, or results in an injury to themselves or another individual requiring off-site medical attention. In any of these instances, the investigation and subsequent testing must take place within two (2) hours following the accident, if not sooner.
Information and records relating to positive test results, drug and alcohol dependencies, and legitimate medical explanations provided to the medical review officer (MRO) shall be kept confidential to the extent required by law and maintained in secure files separate from personnel files.
UTTC reserves the right to inspect any or all UTTC property for drugs, alcohol, or other contraband. All employees, contract employees, and visitors may be asked to cooperate in inspections of their persons, work areas and property that might conceal a drug, alcohol or other contraband. Employees who possess such contraband or refuse to cooperate in such inspections are subject to appropriate corrective action.
Crimes Involving Drugs
UTTC prohibits all employees from manufacturing, distributing, dispensing, possessing or using an illegal drug in or on UTTC property or while conducting UTTC business. Employees are also prohibited from misusing legally prescribed or over-the-counter (OTC) drugs. Law enforcement personnel shall be notified, as appropriate, when criminal activity is suspected.
Employees who use, possess, buy, sell, manufacture or dispense an illegal drug in violation of this policy will be immediately dismissed.
An employee who tests positive for alcohol or illegal drug use will be suspended without pay and referred to EAP for the first offense. The employee will be required to take a drug or alcohol evaluation and follow any recommendations. The employee will be allowed to return to work once proof has been provided that the drug or alcohol evaluation and any recommendations have been completed.
A second offense or refusal to submit to testing will result in dismissal.
TOBACCO FREE CAMPUS
"Commercial Tobacco" is defined to include any product that contains tobacco, is manufactured from tobacco, or contains nicotine. This excludes any FDA approved nicotine replacement therapy. "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. Smoking also includes the use of an e-cigarette which creates a vapor, in any manner or any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
Tobacco Free Policy
• Commercial tobacco is defined above as all tobacco-derived products sold commercially, including, but not limited to cigarettes, cigars, hookah-smoked products, spit and smokeless tobacco, chew, snuff, snus, clove cigarettes, bidis, kreteks, cigarillos, e-cigarettes, hookahs and dissolvable products.
• Tobacco use is prohibited on all campus grounds, in all campus-owned properties, and in all campus-owned vehicles.
• Tobacco use is also prohibited at all institution sponsored off-campus functions.
• Tobacco sales, industry promotions, advertising, marketing, and distribution are prohibited.
• Tobacco industry and related company sponsorship of campus groups, events, individuals, and departments is prohibited. This includes scholarships, sponsorship of faculty positions, and recruiting for employment.
• The tobacco policy is clearly posted in employee and student handbooks, on the campus website, and in other relevant publications.
• UTTC will not own tobacco company stocks and holdings.
• UTTC does not accept any direct funding from tobacco companies.
Tobacco Cessation Services
Employees seeking assistance to deal with their tobacco addiction are urged to contact EAP. In addition, the state of North Dakota provides an online program referred to as NDQuits. To contact NDQuits, call 1.800.784.8669 or view: www.ndhealth.gov/ndquits. All NDQuits services are free of charge.
All individuals on campus property or at an off-campus, school-sponsored event share in the responsibility for adhering to and enforcing this policy. All members of the United Tribes Technical College campus community are expected to support this policy and cooperate in its implementation and enforcement. Students, staff and visitors violating this policy should be reminded of the policy and asked to comply.
Employees who violate the Tobacco Free Campus policy are subject to corrective action.
VIOLENCE IN THE WORKPLACE
All employees, customers, vendors and business associates must be treated with courtesy and respect at all times. Employees are expected to refrain from conduct that may be dangerous to others.
Conduct that threatens, intimidates or coerces another employee, customer, vendor or business associate will not be tolerated. UTTC resources may not be used to threaten, stalk or harass anyone at the workplace or outside the workplace. UTTC treats threats coming from an abusive personal relationship the same as other forms of violence.
Indirect or direct threats of violence, incidents of actual violence and suspicious individuals or activities should be reported as soon as possible to a supervisor, the Human Resources Department, security personnel, and safety personnel. When reporting a threat or incident of violence, the employee should be as specific and detailed as possible. Employees should not place themselves in peril, nor should they attempt to intercede during an incident.
Employees should promptly inform the Human Resources Department of any protective or restraining order that they have obtained that lists the workplace as a protected area. Employees are encouraged to report safety concerns with regard to intimate partner violence. UTTC will not retaliate against employees making good-faith reports. UTTC will promptly and thoroughly investigate all reports of threats of violence or incidents of actual violence and of suspicious individuals or activities.
Employees who violate the Violence in the Workplace policy are subject to corrective action.
For the protection of persons and property, an individual may be banned from the UTTC campus. If it is determined there is a reason to ban a person from entering campus, the requesting individual or department should submit a written request with appropriate documentation to the President for review and determination of whether a ban will be issued. The ban from the UTTC campus may be for a limited time, or indefinite. Only the President may ban individuals from campus.
The President must send the person being banned a notice stating the reason for the ban. The Safety & Security Department will enforce the ban and keep a list of those banned, along with the President’s office. If a person is to be taken off the list, the President will send a written notice to the individual previously banned of the lifting of the ban.
The following are examples of reasons for prohibiting a person from entering the campus:
• The person is a sex offender who by law is restricted from coming within 1000 feet of a school;
• The person has recently been convicted of a crime of violence that occurred on the campus;
• The person has been engaged in recent behavior on campus, or has made a credible threat of behavior on campus that is violent, disruptive, or disrespectful, and that is either against student rules of conduct, UTTC personnel policies, normal rules of behavior, or a violation of law; or
• A lawful court order is in place, of which UTTC is aware, such as a domestic violence order that restricts an individual from coming near a student, employee, volunteer or other party who is frequently on campus.
WORKFORCE SAFETY AND INSURANCE
All UTTC employees are covered by Workforce Safety & Insurance (WSI), which manages and regulates an exclusive employer-financed, no-fault insurance system covering workplace injuries, illnesses, and death.
When you are injured on the job:
1. Notify your supervisor or the Benefits Administrator in the Human Resources Department immediately of the accident and your injury. Contact the Safety & Security Director in the absence of the Benefits Administrator. By law, you must give written or oral notice to your employer within seven (7) days of an accident or after the general nature of your injury becomes apparent. If you fail to notify your employer, Workforce Safety and Insurance (WSI) may consider that failure when deciding whether your claim will be accepted. NOTE: Even if you feel your injury is not serious enough to need medical treatment, it is important you report your accident to your employer so they are informed of the potential hazard.
2. Seek first aid or medical attention promptly after a workplace injury. Currently, UTTC does not have a Designated Medical Provider (DMP), so you may go to a doctor of your choice. Inform the doctor that your injury is a workers’ compensation injury. Also, inform the doctor of your work duties and ask if you can return to work within any work restrictions the doctor may impose. Follow restrictions, both on and off the job.
3. File a claim with WSI immediately after a work-related injury occurs (within 24 hours of occurrence). Use one of three methods: 1) online at www.WorkforceSafety.com, available 24 hours/weekends/holidays (follow online instructions); 2) by hand by completing the First Report of Injury (FROI) Form, or 3) telephonically by calling 1-800-777-5033, 8 a.m. - 5 p.m. on business days.
Whichever claim filing method is used, complete the FROI form with the Benefits Administrator, if possible. Answer all questions fully and honestly on the form. Be sure to have the Benefits Administrator complete the employer’s portion of the FROI form. If you have received benefits for an injury and are now off work again for that same injury, you must reapply for benefits in writing. Contact WSI and request a Worker’s Notice of Reapplication (C4) form.
4. WSI will inform you of your claim number, in writing, upon registering your claim. Be sure to always inform the pharmacy and medical provider of your claim number.
5. Keep in touch with the Benefits Administrator and provide them with periodic updates on your condition.
6. Notify WSI immediately: 1) when you perform any type of work activity, whether you receive pay for it or not; 2) if you change your address or telephone number; or 3) if you apply for either Social Security disability or retirement benefits or are found to be eligible for these benefits.
Types of benefits available:
• Medical Benefits
• Pharmacy Benefits
• Wage Replacement Benefits
• Permanent Partial Impairment (PPI) Benefits
• Return-to-Work Services
• Reimbursement for Personal Expenses
• Death Benefits
UTTC prohibits an employee from receiving concurrently both WSI wage replacement benefits and any UTTC paid leave benefits. The employee will be required to submit the WSI wage replacement benefits check(s) to the Benefits Administrator, in order to receive credit back for any UTTC paid leave benefits during the medical leave. Failure to report WSI wage replacement benefits is subject to corrective action.
MOTOR VEHICLE REGULATIONS
Employees are required to abide by state law and all UTTC motor vehicle regulations to ensure the safety and well-being of all children, students, staff, faculty, and visitors on UTTC property.
UTTC motor vehicle regulations include, but are not limited to:
• Upon demand, employees must provide a valid driver’s license, registration, and proof of insurance
• Seatbelts must be worn and children must be buckled in an appropriate car seat
• Use of cellphones while driving is prohibited
• Speed limit as posted on UTTC property must be obeyed
• Use turn signals
• Park in the direction of traffic
• There are no assigned parking spots on campus except for handicap parking
• State issued handicap tag is required to park in handicap parking
• Parking is prohibited in areas marked “NO PARKING”, cross walks, school bus drop off zones, or in front of any fire hydrants
Tickets and fines will be issued for any violations of UTTC motor vehicle regulations. Unpaid fines may be deducted from the employee’s pay check without notice.
Employees who violate the Motor Vehicle Regulations policy are subject to corrective action.
USE OF UTTC EQUIPMENT AND VEHICLES
Usage of UTTC motor vehicles requires a valid driver’s license and an acceptable motor vehicle record, as defined by UTTC’s Comprehensive Liability Insurance Carrier.
Employees who need to use a UTTC vehicle for work-related travel must contact the Transportation Department and follow all Transportation Department policies and procedures.
Employees will exercise care and follow all operating instructions, safety standards, and guidelines when using UTTC equipment and vehicles.
Employees must notify their supervisor if any equipment or vehicle appears to be damaged, defective, in need of repair, or requires maintenance.
Employees are subject to correction action for the improper, careless, negligent, destructive, or unsafe operation of equipment or vehicles.