08DOA-S2299 NRS and NAC Regulations.docx

NRS 284.4062 Employee who consumes or is under the influence of alcohol or drugs or who possesses controlled substance on duty is subject to disciplinary action; state agency required to refer certain employees to employee assistance program; regulations.

1. Except as otherwise provided in subsections 3 and 4, an employee who:

(a) Consumes or is under the influence of alcohol while on duty, unless the alcohol is an integral part of a commonly recognized medication which the employee consumes pursuant to the manufacturer’s instructions or in accordance with a lawfully issued prescription;

(b) Possesses, consumes or is under the influence of a controlled substance while on duty, at a work site or on state property, except in accordance with a lawfully issued prescription; or

(c) Consumes or is under the influence of any other drug which could interfere with the safe and efficient performance of the employee’s duties, unless the drug is an integral part of a commonly recognized medication which the employee consumes pursuant to the manufacturer’s instructions or in accordance with a lawfully issued prescription, Ê is subject to disciplinary action. An appointing authority may summarily discharge an employee who, within a period of 5 years, commits a second act which would subject the employee to disciplinary action pursuant to this subsection.

2. Except as otherwise provided in subsection 3, a state agency shall refer an employee who:

(a) Tests positive for the first time in a screening test; and

(b) Has committed no other acts for which the employee is subject to termination during the course of conduct giving rise to the screening test, Ê to an employee assistance program. An employee who fails to accept such a referral or fails to complete such a program successfully is subject to further disciplinary action.

3. The Commission may adopt regulations setting forth the circumstances under which a person who holds a valid registry identification card to engage in the medical use of cannabis pursuant to chapter 678C of NRS is subject to disciplinary action pursuant to subsection 1 or must be referred to an employee assistance program pursuant to subsection 2.

4. Subsection 1 does not apply to:

(a) An employee who consumes alcohol in the course of the employment of the employee while hosting or attending a special event.

(b) A peace officer who possesses a controlled substance or consumes alcohol within the scope of the peace officer’s duties.

(Added to NRS by 1991, 1348; A 1995, 1714; 2015, 1047; 2019, 3864)

NAC 284.892 Duties of employee who is referred to employee assistance program. (NRS 284.065, 284.155, 284.407)

1. If an employee is referred to an employee assistance program as a result of a positive result on a screening test or pursuant to NAC 284.653, the employee or the employee assistance program to which the employee was referred shall provide to the appointing authority:

(a) Evidence of the employee’s consultation with a counselor employed by the employee assistance program; and

(b) Any recommendation of the counselor with respect to the employee’s rehabilitation, Ê within 5 working days after the date of the initial consultation.

2. The employee or the employee assistance program to which the employee was referred shall provide to the appointing authority on a monthly basis all recommendations of the counselor with respect to the employee’s rehabilitation.

3. The employee or the employee assistance program to which the employee was referred shall provide to the appointing authority evidence of the employee’s completion of any rehabilitation program recommended by the counselor within 5 working days after completing the program.

4. An employee is subject to disciplinary action if:

(a) Evidence of the employee’s consultation with a counselor or successful completion of a rehabilitation program is not provided to the appointing authority in accordance with this section; and

(b) The appointing authority determines that the failure to provide the evidence is the fault of the employee.

(Added to NAC by Dep’t of Personnel, eff. 12-26-91; A 11-12-93; R069-19, 6-8-2020)

NAC 284.893 Return to work of employee who tests positive for alcohol or controlled substance while on duty. (NRS 284.065, 284.155, 284.407)

1. The appointing authority of an employee who tests positive for the presence of alcohol or a controlled substance while on duty and who, as a result, is subject to disciplinary action pursuant to NAC 284.646 or 284.650 but is not terminated shall, before allowing the employee to return to work, require:

(a) The employee or the employee assistance program to which the employee was referred to provide to the appointing authority documentation from a counselor who is licensed or certified pursuant to chapter 641C of NRS or another health care provider who has training or experience in substance abuse counseling, which verifies that the employee is able to return to duty and perform the essential functions of his or her job.

(b) The employee to submit to a screening test.

2. The employee is responsible for the cost of any:

(a) Counseling services the employee receives to verify that the employee is able to return to duty and perform the essential functions of his or her job and any documentation of those services; and

(b) Screening test, Ê required pursuant to subsection 1.

3. An employee who fails or refuses to submit to a screening test required pursuant to subsection 1 is subject to disciplinary action, including, without limitation, termination, at the discretion of the employee’s appointing authority.

(Added to NAC by Personnel Comm’n by R066-09, eff. 10-27-2009; A by R195-09, 4-20-2010; R138-12, 10-4-2013; R069-19, 6-8-2020) 08DOA-S2299 Employee Assistance Program