The employee's drug test may occur both at the time the employee is suspected of being under the influence and before the employee is allowed to return to work. An employee's refusal to take a drug test is an act of insubordination and is a separate offense subject to disciplinary action, up to and including termination.

An employee found to be under the influence is subject to disciplinary action as described herein and in the Corrective Action Policy.

An employee who is sent home due to the reasonable belief that he or she is under the influence of drugs may use vacation leave to receive payment for any unworked time.

If an employee's poor work performance or excessive tardiness or absenteeism can be reasonably determined to be caused by the off-work use of controlled substances, the employee's supervisor may advise the employee to seek counseling or assistance. The employee's supervisor shall also follow the Corrective Action Policy to address the employee's performance issues.

As required by the Drug-Free Workplace Act of 1988, any employee who works in any capacity under a federal grant or contract must notify his or her supervisor or HR of his or her conviction for a violation of any criminal drug statute that occurred while on KSU premises or while he or she was conducting KSU business. The employee must submit such notification to his or her supervisor or HR in writing and within five (5) days of such conviction. KSU shall take appropriate action within thirty (30) days of receipt of such notice.

If an employee is employed through a federal contract or grant, KSU shall notify the federal agency that awarded the grant or contract of the conviction within ten (10) days.

KSU shall impose a sanction on any employee who is convicted of a workplace drug violation. KSU may also require that the employee participate in a drug abuse assistance or rehabilitation program.

KSU will inform employees annually of the dangers associated with drug and alcohol abuse, the existence of this policy, and the drug abuse counseling services available to them. Employees may also contact HR at any time for such information.

Employees required to operate vehicles or machinery as part of their job duties may need to undergo periodic drug testing to ensure their safety and that of others.

Regardless of job duties, an employee will be drug tested if any of the following occurs: