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

Table of Contents:

1. Employee Assistance Program
2. Employee Convicted Off-the-Job of a Drug/Alcohol Related Problem
3. Employer Recognized Problem Involving Drugs/Alcohol
4. Employee Convicted Of Driving Under The Influence While On State Business

Section 1: Employee Assistance Program

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1. 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

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1. 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.
2. 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 employees 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

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1. 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.
2. Advised of the help available through the Employee Assistance Program for any problems which may be affecting their work performance.
3. Under no circumstances should direct allegations of drug or alcohol use be made without concrete supporting evidence.
4. An employee who is under the influence of alcohol or drugs on-the-job as determined by the observation of the employees 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 employees inability to perform in a safe and efficient manner.
5. The provisions of Nevada Administrative Code (NAC) 284.650 apply.

Section 4: Employee Convicted Of Driving Under The Influence While On State Business

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1. 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.
2. 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.

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