Western Nevada CollegeWestern Nevada College Policies

Policy 4-6-1: State of Nevada Guidelines for Substance Abuse Situations not Covered by the Drug Free Workplace Act of 1988

WNC Policy 4-6-1
Procedure: State of Nevada Guidelines for Substance Abuse Situations not Covered by the Drug Free Workplace Act of 1988
Policy No.: 4-6-1
Department: Human Resources
Contact: Vice President of Human Resources and General Counsel
Policy:

WNC is obligated to implement rules and regulations pertaining to problems related to alcohol and drugs, the health and social effects, legal sanctions, and counseling and treatment programs available.

  • Section 1: Employee Assistance Program
    • A. Employees who voluntarily seek assistance for dealing with a drug or alcohol abuse problem should be referred to the Employee Assistance Program for consultation and assistance.
  • Section 2: Employee Convicted Off-the-Job of a Drug/Alcohol Related Problem
    • A. As noted in Section 1 of Chapter 78, Statutes of Nevada 1989, an employee convicted of violating any federal or state law prohibiting the sale of a controlled substance must be dismissed.
    • B. An employee is a highly sensitive position or a position entrusted with the public safety, may be subject to disciplinary action for a conviction involving the use of alcohol or a controlled substance. This should be considered on a case by case basis. Otherwise, action should be taken only if it interferes with the employee's ability to perform his/her job. The employee should be counseled with the intent of encouraging him/her to seek help through the Employee Assistance Program.
  • Section 3: Employer Recognized Problem Involving Drugs/Alcohol
    • A. An employee who is suspected of drug or alcohol use which results in a deterioration of his/her performance should be handled as any other employee experiencing work performance problems.
    • B. The employee should be counseled regarding the specific shortcomings in his/her work performance and the need for improvement. As part of the counseling, the employee should be advised of the help available through the Employee Assistance Program for any problems which may be affecting their work performance.
    • C. Under no circumstances should direct allegations of drug or alcohol use be made without concrete supporting evidence.
    • D. An employee who is under the influence of alcohol or drugs on-the-job as determined by the observation of the employee's supervisor and/or management may be placed on administrative leave with pay pending the investigation of the wrongdoing. In such an incident, it is in the best interest of supervision to have two or more supervisors or managers witness the actions of the employee to attest to the employee's inability to perform in a safe and efficient manner.
    • E. The provisions of Nevada Administrative Code (NAC) 284.650 apply.
  • Section 4: Employee Convicted Of Driving Under The Influence While On State Business
    • A. The provisions of the Nevada Administrative Code, (NAC) 284.653, provides for disciplinary action ranging from suspension to dismissal when an employee is convicted of driving under the influence of alcohol or drugs while on state business. State employees should be held to a high standard of accountability for their actions. As such, a dismissal should be strongly considered for this type of conviction.
    • B. If an employee needs assistance with the administration of this policy or the procedural guidelines, contact the Department of Personnel or the appropriate Deputy Attorney General.
Date Adopted and Dates Revised
Date Adopted Dates Revised September 2, 2008; May 11, 2004
NSHE and NRS Codes
NSHE Code Reference NSHE Board of Regents Handbook
NAC Code NAC 284.650, NAC 284.653
NRS Code NRS 193.105, NRS 453.146

Memorandum from Governor Bob Miller to all department heads on January 17, 1990

Please direct comments about this page to the Assistant to the President
URL: http://www.wnc.edu/policymanual/4-6-1.php
Date Printed: November 24, 2014
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