Alcohol and drug abuse and the use of alcohol and drugs in the workplace are issues of concern to the state of Nevada. It is the policy of the state to ensure that its employees do not: report for work in an impaired condition resulting from the use of alcohol or drugs, or consume alcohol while on duty, at a work site, or on state property. Any employee who violates this policy is subject to disciplinary action. The specifics of the policy follow:
- As provided by statute, any state employee who is under the influence of alcohol or drugs while on duty or who applies for a position approved by the Personnel Commission as affecting public safety is subject to a screening test for alcohol or drugs.
- Emphasis will be on rehabilitation and referral to an employee assistance program when an employee is under the influence of alcohol or drugs while on duty. The appointing authority shall, however, take into consideration the circumstances and actions of the employee in determining appropriate disciplinary action.
- Any state employee who is convicted of violating a federal or state law prohibiting the sale of a controlled substance must be terminated as required by NRS 193.105, regardless of where the incident occurred.
- Any state employee who is convicted of driving under the influence in violation of NRS 484.379 or of any other offense for which driving under the influence is an element of the offense, and the offense occurred while driving a state vehicle or a privately owned vehicle on state business, is subject to discipline up to and including termination.
- The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace is prohibited. Any state employee who is convicted of unlawfully giving or transferring a controlled substance to another person or who is convicted of unlawfully manufacturing or using a controlled substance while on duty or on the premises of a state agency will be subject to discipline up to and including termination.
- The term "controlled substance" means any drug defined as such under the regulations adopted pursuant to NRS 453.146. Many of these drugs have a high potential for abuse. Such drugs include, but are not limited to, heroin, marijuana, cocaine, PCP, and "crack". They also include "legal drugs" which are not prescribed by a licensed physician.
- Each state employee is required to inform his or her employer within five days after he or she is convicted for violation of any federal or state criminal drug statute when such a violation occurred while on duty or on the employer's premises.
- Any agency receiving a federal contract or grant must notify the U.S. government agency with which the contract or grant was made within ten days after receiving notice that an employee of the agency was convicted within the means used in paragraph 7, above.
This policy is applicable to all classified and unclassified employees of agencies in state government. Specific federal guidelines, statutory provisions, and regulations applicable to this policy are set down in the Drug Free Work Place Act and Chapter 284 of the Nevada Revised Statutes and Nevada administrative Code.
This policy does not restrict agencies from augmenting the provisions of this policy with additional policies and procedures that are necessary to carry out the regulatory requirements of the Drug Free Work Place Act.