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Policy DOP-P02 EFFECTIVE DATE: October 1, 1991 REVISION DATE: December 18, 2020 1 DRUG- AND ALCOHOL-FREE WORKPLACE I. PURPOSE The purpose of this policy is to establish clear and uniform guidelines in accordance with federal and State regulations regarding alcohol, drugs, or controlled substances, including the provisions of the Drug-Free Workplace Act of 1988, as amended. Further, the purpose of this policy is to make every effort to institute and maintain a drug- and alcohol-free workplace by describing to all individuals (e.g., employees, visitors, vendors/independent contractors, and the general public) the prohibitions regarding alcohol and drugs in State and affiliated government workplaces as such use, abuse, and misuse of alcohol, drugs, and/or controlled substances may impact job performance and bring discredit upon the employer. The provisions of this policy apply to all employees of West Virginia Executive agencies or any affiliated political subdivision, including executive, administrative, classified, non-classified, exempt, volunteer, seasonal and temporary employees, and employees of county health departments affiliated with the West Virginia Division of Personnel, as well as vendors/independent contractors. II. DEFINITIONS A. Agency: Any administrative department of state government or an affiliated political subdivision, including, but not limited to, executive, administrative, classified, non-classified, exempt, and county health departments affiliated with the West Virginia Division of Personnel. B. Alcohol: For the purposes of this policy, includes beer, fortified beer, nonintoxicating beer, wine and spirits, ethanol, isopropanol, or methanol alcohol, and any liquid, gel, gas or solid containing more than one half of one percent of alcohol by volume and capable of being used as a beverage or being ingested, inhaled or otherwise taken into the body. C. Assessment: An evaluation used to determine the presence of drug and/or alcohol use. A drug and/or alcohol assessment may include but is not limited to observation of behavioral indicators, self-disclosure, or clinical/laboratory testing. D. Controlled Substance: A federally-regulated substance listed in Schedules I through V or a controlled substance analogue as provided in the Controlled Substance Act (21 U.S.C. 801 et seq.) and/or a substance listed in West Virginia Code § 60A-2-201, et seq., that when taken into the body, may or may not impair one’s mental faculties and/or physical performance. E. Conviction: A finding of guilt, (including a plea of nolo contendere) or the imposition of a sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or State criminal drug statutes. F. Criminal Drug Statute: A criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance. G. Drug Paraphernalia: Drug paraphernalia as defined in West Virginia Code § 47-19-3.