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Policy DOP-P02 EFFECTIVE DATE: October 1, 1991 REVISION DATE: December 18, 2020 4 D. When reasonable suspicion exists that an employee or vendor/independent contractor has reported to work under the influence of alcohol or an illegal drug, or is impaired due to abuse or misuse of controlled substances or a legal drug, the individual may be subject to assessment, which may include a drug or alcohol test. Refusal of an employee to submit to an assessment or an assessment resulting in a positive result may result in disciplinary action up to and including dismissal. E. Exceptions to the provisions of this policy may be necessary in limited situations where employees or vendors/independent contractors are engaged in a lawful work-/service-related activity which may otherwise result in violation of this policy (e.g., law enforcement, regulatory enforcement, confiscation, collection and disposal of refuse, etc.). Appointing authorities may be required to conduct random testing in compliance with applicable state and federal law and/or for safety- sensitive positions. Exceptions to this policy approved by appointing authorities must be communicated in writing to the Director of Personnel. F. An appointing authority, or his or her designee, may issue specific safety reporting standards requiring reporting or notification of use of a controlled substance or legal drug, whether prescribed or over-the-counter, that may substantially affect the performance of job responsibilities and give rise to a safety issue (e.g., driving, operating machinery, etc.). G. Though legal intoxicants (e.g., glue, paint, etc.) are not specifically prohibited in this policy, unacceptable performance or conduct resulting from the misuse of such intoxicants may result in disciplinary action up to and including dismissal. H. As a condition of employment/service with the State of West Virginia or its affiliated agencies, employees and vendors/independent contractors shall: 1. Abide by the terms of this policy; 2. Notify their supervisor or appointing authority in writing of any criminal drug statute conviction for a violation occurring in the workplace, no later than five (5) calendar days after such conviction; 3. Comply with agency-issued safety reporting standards if using a controlled substance or legal drug, whether prescribed or over-the-counter, that may substantially affect the performance of job responsibilities and give rise to a safety issue (e.g., driving, operating machinery, etc.); and, 4. Acknowledge understanding of and compliance with this policy by signing the Drug- and Alcohol-Free Workplace Employee Acknowledgment Form (Appendix A) or appropriate volunteer/service agreement, as applicable. IV. RESPONSIBILITIES A. It shall be the responsibility of the West Virginia Division of Personnel to establish a drug awareness program and to provide training to employees of Executive and affiliated agencies on the following: