Substances Use and Workplace Safety Policy*

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Purpose and Commitment

The Kalamazoo Public Library is committed to maintaining a safe, healthy, and productive environment for all employees.  We recognize that substance use can affect workplace performance, health, and safety, and our goal is to address these issues in a manner that is fair, respectful, and consistent with applicable federal, state, and local laws.

In implementing this policy, KPL will actively work to prevent disparate impact and ensure equitable treatment for all employees, regardless of race, ethnicity, gender, disability, or other protected status.

This policy is intended to:

• • Support safety and well-being in the workplace.
  • Comply with legal requirements, including the Americans with Disabilities Act (ADA) and Michigan law.
  • Provide clear expectations for all employees, regardless of classification or status.
  • Balance the Library’s operational needs with employees’ rights to privacy, dignity, and equitable treatment.

Scope

This policy applies:

• • On all Library property, in Library vehicles, and during work hours.
  • While conducting Library business off-site.
  • To all employees, regardless of job classification or work schedule.

Definition

Prohibited Conduct

1. Alcohol and Controlled Substances at Work
   Employees may not use, possess, be impaired by alcohol or other prohibited substances during work hours or while on Library property.

– “Prohibited substances” include illegal drugs under federal law, alcohol while on duty or reporting to work with a BAC of 0.02% or higher, cannabis^[1]  (‘marijuana’ as defined under Michigan law) if used, possessed, or causing impairment during work hours or on Library property, and any prescription or over-the-counter medication used in a manner inconsistent with its intended use or without a lawful prescription.

– “Impairment” is defined as a state in which an employee’s mental or physical capabilities are adversely affected by the use of alcohol, cannabis, prescription drugs, over-the-counter medications, or other controlled substances, such that the employee cannot safely or effectively perform their job duties.  Impairment may be demonstrated by, but is not limited to, observable behaviors, physical signs, or performance deficiencies that reasonably indicate reduced functioning, judgement, or coordination.

1. Alcohol Use at Library-Sanctioned Events
   The Library recognizes that alcohol may be served at certain conferences, meetings, or other Library-sanctioned events held outside of normal work hours.

If the Library is sponsoring or hosting an event where alcohol is served, employees may only consume alcohol if they are present as an attendee and not working at the event.

As indicated, employees may consume alcohol in moderation at these events, provided they continue to act responsibly, safely, and professionally. Employees must not return to work impaired or engage in any conduct that could compromise safety, performance, or the Library’s reputation.

2. Cannabis and Workplace Safety
   While recreational and medical cannabis (‘marijuana’) are legal in Michigan, federal law prohibits cannabis use in the workplace, and safety concerns require KPL to maintain a drug-free work environment. Employees may not use, possess, or be impaired by marijuana during work hours or on Library property. Employees authorized to use medical cannabis must notify Human Resources if there is a potential for impairment and may request reasonable accommodations. Requests will be considered on a case-by-case basis in compliance with federal and Michigan law.
3. Possession, Sale, or Distribution
   Possessing, selling, transferring, or distributing alcohol, cannabis, or other prohibited substances on Library property or during work hours is strictly prohibited.

Prescription and Over-the-Counter Medications

• Employees using prescription or over-the-counter medications that may cause impairment must:
• Consult with a healthcare provider or pharmacist about potential work-related risks.
• Notify their supervisor or Human Resources before starting work if there is a possible impact on safety or job performance.
• Remain responsible for ensuring they are fit for duty.

Employee Reporting Obligations

• Employees with responsibilities for operating a library vehicle must:
  • Report any DUI/DWI/OWI charge, citation, or arrest within seven (7) calendar days to Human Resources.
  • Report any conviction, plea, or adjudication for an alcohol- or drug-related offense within seven (7) calendar days.

Failure to report as required may result in disciplinary action, up to and including termination. The Library will review each situation considering the seriousness of the offense, job responsibilities, safety risks, connection to the employee’s role, and any mitigating circumstances.

Drug and Alcohol Testing

Testing will be conducted at Library expense under the following circumstances:

1.Reasonable Suspicion Testing: Required when two trained supervisors observe specific, contemporaneous signs of impairment. Supervisors will receive annual training on objective recognition and documentation.

All supervisors involved in the evaluation of reasonable suspicion and drug and alcohol testing will receive annual training (from an external certified training resource) on recognizing and mitigating implicit bias; understanding disparate impact and its consequences; and ensuring fair and consistent application of the policy.

2. Post-Incident Testing: Required after workplace accidents, injuries, or property damage where there is reasonable suspicion that substance impairment may have contributed.
3. Testing Standards and Employee Protections: KPL utilizes oral fluid testing through Forensic Fluids with onsite sample collection whenever possible by trained administrators. Library administrators (department heads) must provide annual certification indicating completion of the Oral Fluid Drug Testing – Collection Procedure course through Forensic Fluids. In situations where a trained administrator is not available, offsite testing will be arranged through Bronson Health Systems.

Non-negative drug test results are reviewed with employee by a Medical Officer affiliated with agency conducting the drug testing (Forensic Fluids or Bronson Health Systems).

4. Refusal to Test: Refusal or failure to cooperate may result in disciplinary action, up to and including termination, after consideration of circumstances.

Consequences

Positive tests, possession, or distribution of prohibited substances may result in corrective action, which can include referral to rehabilitation services, Second Chance Agreements, progressive discipline, or termination. Employees returning after a violation may be subject to unannounced follow-up testing.

All investigations related to policy violations and disciplinary actions will be conducted by a Human Resources representative, a trained supervisor, and when applicable, a union representative.  Each case will be thoroughly documented and reviewed for consistency, fairness, and adherence to established procedures.

Investigators are responsible for objectively reviewing all relevant facts and documentation, applying policies consistently based on established guidelines, and documenting their findings along with the rationale for any recommended corrective actions.

Each investigation must also provide employees the opportunity to share their perspective and respond to any concerns before final recommendations are submitted to the Library Director.

Appeal Process

Employees are encouraged to report any concerns about bias or inequitable treatment or to appeal related decisions. Written comments or appeals should be submitted to the Library Director within 10 days of the policy violation, investigation outcome, or disciplinary action.

The Library Director will provide a written response to any appeal or concern within ten (10) business days.

If applicable, employees covered under a collective bargaining agreement should follow the grievance procedures outlined in their union contract.

Support

Employees are encouraged to seek help before a policy violation occurs.  KPL offers an Employee Assistance (EAP) benefit through Bronson Helpnet. The EAP provides confidential assessment, referral, and short-term counseling to employees who request it. Services provided by Helpnet are confidential and will not be shared with Kalamazoo Public Library.  Voluntary requests for assistance will not, by themselves, jeopardize employment.

The Human Resources Office will work individually with staff members to assess leave available for those seeking treatment.

Interaction with Disability Laws

KPL complies with the ADA and Michigan disability law. While accommodation will be considered, the Library is not required to permit impairment from substances that could compromise workplace safety or performance.

Confidentiality

All testing and related health information will be kept confidential, disclosed only to those with a legitimate business or legal need, or as required by law.

Policy Audit

The HR department will conduct and record an annual audit of this policy’s application in the first quarter of the calendar year which will include reviewing disciplinary actions and testing referrals and assessing for patterns of disparate impact or bias.  Findings will be shared with Personnel Committee. Any changes to the policy would be brought to the Board at the Personnel Committee request.

[1] Kalamazoo Public Library uses the term “cannabis” instead of “marijuana” to avoid stigma and reflect current medical and legal language.  The term “marijuana” is used only where required by Michigan law.