COLORADO ATTORNEY GENERAL’S OFFICE POLICY

HUMAN RESOURCES
 
 
Policy Title Drug and Alcohol
Originator Shelley Oxenreider, Human Resources Director
Reviewer Melanie Snyder, Chief Deputy Attorney General
Leora Joseph, Chief of Staff
Approver Cynthia H. Coffman, Attorney General
Original Effective Date October 3, 2006
Effective Date This Revision April 16, 2018

The Attorney General's Office is committed to providing a safe, healthy and

productive work environment for its covered workers, as the term is defined in this
policy. This policy addresses the effect that drug and alcohol use may have on a
covered worker’s safety, job performance, attendance, and behavior; outlines the
office's responsibility to provide safe, effective service to the public; and establishes
standards as well as procedures to be followed by covered workers, supervisors and
managers. This policy is designed to comply with the Federal Drug Free Workplace
Act of 1988, 41 U.S.C. Chapter 81, and to be consistent with the Drug and Alcohol
Policy for State Employees dated January 23, 2017. Nothing in this Policy shall be
construed as limiting the authority of the Attorney General to take appropriate
disciplinary action in any situation where conduct on or off duty affects an
individual's ability to perform job duties.

Applicability

This policy applies to “covered workers,” which includes, but is not

limited to, managers, supervisors, permanent full-time and part-time
employees, temporary employees, off-site employees, contractors, applicants,
volunteers, Fellows, and interns.

Prohibited Conduct

Covered workers are prohibited from reporting to work or being subject to

duty while their ability to perform job duties is impaired due to on- or off-duty use
of alcohol or other drugs. This includes during the operation of official vehicles or
when otherwise acting on official business.

During work hours or at any time while at the workplace, covered workers
are prohibited from unlawfully manufacturing, distributing, dispensing, possessing,
transporting, using, selling, or transferring controlled substances or other
intoxicants. During work hours or at any time while at the workplace, covered
workers are prohibited from being under the influence of alcohol, controlled
substances, or other intoxicants, with the exception of prescription drugs. The term
“prescription drugs” applies to drugs prescribed by a physician, dentist, or other
person licensed by the State or Federal Government to prescribe or dispense
controlled substances, and used in accordance with their instructions. The term
“prescription drugs” does not include a recommendation or “prescription” for use of
medical marijuana, as the use of marijuana by covered workers is prohibited. All
covered workers are prohibited from testing positive for metabolites of substances
that are listed in the schedules of the Federal Controlled Substances Act and the
State of Colorado Controlled Substances Act, with the exception of prescription
drugs.

Although the Colorado Constitution decriminalizes certain activities related

to the possession and use of marijuana, Colo. Const. art. XVIII, §§ 14, 16, such
activities remain illegal under federal law and are thus considered unlawful and in
violation of this policy. See Coats v. Dish Network, LLC, 350 P.3d 849 (Colo. 2015)
(holding marijuana use is unlawful under federal law and employee may be
terminated for medical marijuana use consistent with the Colorado Constitution).
Covered workers are prohibited from manufacturing, distributing, dispensing,
possessing, transporting, using, selling, transferring, or being under the influence of
marijuana at all times. The prohibition of using marijuana applies to all covered
employees at all times, meaning both work time and off-duty personal time.

Duty to Report

Covered workers are required to report any alcohol or drug-related charge or

arrest to their immediate supervisor or someone in their direct chain of command
on the next business day.

Reasonable Suspicion

Covered workers exhibiting specific objective signs of being under the

influence of alcohol and/or drugs while engaged in official activities shall be
required to meet immediately with their immediate supervisor, the section Deputy,
the Chief Deputy, the Chief of Staff or the Human Resources Director to verify the
specific evidence and behaviors that were observed. If reasonable suspicion exists
to believe that the covered worker is under the influence of drugs and/or alcohol in
violation of this policy, the covered worker may be subject to “reasonable suspicion"
drug/alcohol testing. Cause for such reasonable suspicion includes, but is not limited
to, the odor of alcohol on a covered worker’s breath, reduced coordination or
alertness, slurred or extremely loud speech, or unprofessional conduct detrimental
to the public’s perception of covered workers. Where such reasonable suspicion
exists, the covered worker will be relieved from their job duties and placed on paid
administrative leave for the remainder of the workday.

Covered workers may be subject to post-accident testing when the covered

worker is involved in an accident while operating a state-owned vehicle on or off
duty, or is operating a personally-owned vehicle while on state business. Covered
workers might also be subject to testing if their actions cause or contribute to
damaging a state vehicle, machinery, equipment, or property, and/or if the actions
result in an injury to the covered worker or another individual, including where off-
site medical attention is required. In these circumstances, the covered worker may
be required to:

 Submit to a breathalyzer or blood test where a law enforcement officer

determines that there is reasonable suspicion to believe the covered
worker’s ability to operate a motor vehicle was impaired by drugs or
alcohol.

 Submit a copy of the accident report to his/her immediate supervisor

or appointing authority as soon as the accident report is available.

If the covered worker refuses to submit to the breathalyzer or blood test, fails
to send a copy of an accident report to the chain of command, or fails to report any
drug or alcohol-related criminal charges, the covered worker will be required to
meet to determine whether corrective and/or disciplinary action, up to and
including termination, is warranted.

Testing Procedures

The Division of Risk Management within the Department of Personnel and

Administration maintains a statewide contract with the vendor responsible for
performing drug and alcohol screening tests for covered workers. Specimens
required for drug and alcohol testing for covered workers will be taken and analyzed
by the vendor with whom Risk Management maintains such contract. The cost of
drug and alcohol testing required of a covered worker will be the responsibility of
the specific section requiring the test. Whenever a covered worker requests a split
sample to be tested at a second laboratory, the covered worker will be responsible
for paying all costs associated with the second test.

The individual requesting a drug or alcohol test is responsible for

maintaining the confidentiality of the test. Confidentiality means making the fact
that such a test has been requested and the results of the test known to only the
covered worker and other persons who have a need to know (e.g., those directly
involved in administering a possible corrective or disciplinary action or providing
counseling or treatment to the covered worker).
 The individual requesting that a covered worker submit to a drug or alcohol
test must see to it that the covered worker is transported to the testing site and
then transported to the covered worker’s home. In no case in which a covered
worker is suspected of being impaired should the covered worker be expected or
permitted to drive himself/herself to the testing site or their home.

The use of force is strictly prohibited in seeking compliance with a direction

to submit to testing or to be driven home or to a test site. If a covered worker
refuses to submit to testing, it should be explained to the covered worker that
noncompliance with an order to submit to a test or be transported to a test site may
be viewed as willful misconduct and could subject the covered worker to discipline,
including termination.

If it is necessary to remove the covered worker from the work place for a
period longer than the remainder of the work day pending the results of a drug or
alcohol test, the covered worker must be given written notice and placed on
administrative leave with pay. It is recommended that the covered worker be placed
on administrative leave with pay until the results of the test are known. This
would be particularly true of a covered worker in a safety-related position (e.g., an
Investigator).

Consequences of Violations of this Policy

Failure to timely report any alcohol or drug related charge or arrest,

confirmed positive tests for alcohol impairment or drug use, refusal to submit to a
drug or alcohol test, or any other violation of this policy or the procedures set forth
herein, may result in corrective and/or disciplinary action up to and including
termination. Such action will be handled in accordance with Department of Law
policy, and for classified employees, applicable State Personnel Board Rules.

Employee Assistance Program

The Department of Law encourages the use of the Colorado State Employee
Assistance Program (CSEAP) as appropriate. State employees are eligible for up to
six free sessions at CSEAP or may be referred to another counselor or health care
provider. These counseling sessions are confidential.