Drug & Alcohol Policy
Drug & Alcohol Policy
Drug & Alcohol Policy
Purpose
In compliance with the Drug-Free Workplace Act of 1988, [Company Name] has a
longstanding commitment to provide a safe, quality-oriented and productive work
environment. Alcohol and drug misuse poses a threat to the health and safety of
[Company Name] employees and to the security of the company's equipment and
facilities. For these reasons, [Company Name] is committed to the elimination of drug
and alcohol use and misuse in the workplace.
Scope
This policy applies to all employees and all applicants for employment of [Company
Name]. The human resource (HR) department is responsible for policy administration.
Employee Assistance
[Company Name] will assist and support employees who voluntarily seek help for drug
or alcohol addiction before becoming subject to discipline or termination under this or
other [Company Name] policies. Such employees will be allowed to use accrued paid
time off, placed on leaves of absence, referred to treatment providers and otherwise
accommodated as required by law. Employees may be required to document that they
are successfully following prescribed treatment and to take and pass follow-up tests if
they hold jobs that are safety-sensitive or require driving, or if they have violated this
policy previously. Once a drug test has been initiated under this policy, unless otherwise
required by the Family and Medical Leave Act or the Americans with Disabilities Act, the
employee will have forfeited the opportunity to be granted a leave of absence for
treatment, and will face possible discipline, up to and including discharge.
Employees should report to work fit for duty and free of any adverse effects of illegal
drugs or alcohol. This policy does not prohibit employees from the lawful use and
possession of prescribed medications. Employees must, however, consult with their
doctors about the medications' effect on their fitness for duty and ability to work safely,
and they must promptly disclose any work restrictions to their supervisor.
Work Rules
1. Whenever employees are working, are operating any [Company Name] vehicle,
are present on [Company Name] premises or are conducting company-related
work offsite, they are prohibited from:
a. Using, possessing, buying, selling, manufacturing or dispensing an illegal
drug (to include possession of drug paraphernalia).
b. Being under the influence of alcohol or an illegal drug as defined in this
policy.
c. Possessing or consuming alcohol.
2. The presence of any detectable amount of any illegal drug, illegal controlled
substance or alcohol in an employee's body system, while performing company
business or while in a company facility, is prohibited.
3. [Company Name] will also not allow employees to perform their duties while
taking prescribed drugs that are adversely affecting their ability to perform their
job duties safely and effectively. Employees taking a prescribed medication must
carry it in a container labeled by a licensed pharmacist or be prepared to produce
the container if asked.
4. Any illegal drugs or drug paraphernalia will be turned over to an appropriate law
enforcement agency and may result in criminal prosecution.
Required Testing
Pre-employment
Applicants being considered for hire must pass a drug test before beginning work or
receiving an offer of employment. Refusal to submit to testing will result in
disqualification of further employment consideration.
Reasonable suspicion
Employees are subject to testing based on, but not limited to, observations of apparent
workplace use, possession or impairment by at least two members of management. HR,
the plant manager or the director of operations should be consulted before sending an
employee for testing. Management must use the reasonable suspicion observation
checklist to document specific observations and behaviors that create a reasonable
suspicion that an employee is under the influence of illegal drugs or alcohol. Examples
include:
When reasonable suspicion testing is warranted, both management and HR will meet
with the employee to explain the observations and the requirement to undergo a drug
and/or alcohol test within two hours. Refusal by an employee will be treated as a
positive drug test result and will result in immediate termination of employment.
Under no circumstances will the employee be allowed to drive himself or herself to the
testing facility. A member of management must transport the employee or arrange for a
cab and arrange for the employee to be transported home.
Post-accident
Employees are subject to testing when they cause or contribute to accidents that
seriously damage a [Company Name] vehicle, machinery, equipment or property or that
result in an injury to themselves or another employee requiring offsite medical attention.
A circumstance that constitutes probable belief will be presumed to arise in any instance
involving a work-related accident or injury in which an employee who was operating a
motorized vehicle (including a [Company Name] forklift, pickup truck, overhead crane or
aerial/man-lift) is found to be responsible for causing the accident. In any of these
instances, the investigation and subsequent testing must take place within two hours
following the accident, if not sooner. Refusal by an employee will be treated as a
positive test result and will result in immediate termination of employment
Under no circumstances will the employee be allowed to drive himself or herself to the
testing facility. A member of management must transport the employee or arrange for a
cab and arrange for the employee to be transported home.
The laboratory will transmit all positive drug test results to a medical review officer
(MRO) retained by [Company Name], who will offer individuals with positive results a
reasonable opportunity to rebut or explain the results. Individuals with positive test
results may also ask the MRO to have their split specimen sent to another federally
certified laboratory to be tested at the applicant's or employee's own expense. Such
requests must be made within 72 hours of notice of test results. If the second facility
fails to find any evidence of drug use in the split specimen, the employee or applicant
will be treated as passing the test. In no event should a positive test result be
communicated to [Company Name] until such time that the MRO has confirmed the test
to be positive.
Consequences
Applicants who refuse to cooperate in a drug test or who test positive will not be hired
and will not be allowed to reapply/retest in the future.
Employees who refuse to cooperate in required tests or who use, possess, buy, sell,
manufacture or dispense an illegal drug in violation of this policy will be terminated. If
the employee refuses to be tested, yet the company believes he or she is impaired,
under no circumstances will the employee be allowed to drive himself or herself home.
Employees who test positive, or otherwise violate this policy, will be subject to
discipline, up to and including termination. Depending on the circumstances, the
employee's work history/record and any state law requirements, [Company Name] may
offer an employee who violates this policy or tests positive the opportunity to return to
work on a last-chance basis pursuant to mutually agreeable terms, which could include
follow-up drug testing at times and frequencies determined by [Company Name] for a
minimum of one year but not more than two years as well as a waiver of the right to
contest any termination resulting from a subsequent positive test. If the employee either
does not complete the rehabilitation program or tests positive after completing the
rehabilitation program, the employee will be immediately discharged from employment.
Employees will be paid for time spent in alcohol or drug testing and then suspended
pending the results of the drug or alcohol test. After the results of the test are received,
a date and time will be scheduled to discuss the results of the test; this meeting will
include a member of management, a union representative (if requested), and HR.
Should the results prove to be negative, the employee will receive back pay for the
times/days of suspension.
Confidentiality
Information and records relating to positive test results, drug and alcohol dependencies,
and legitimate medical explanations provided to the MRO will be kept confidential to the
extent required by law and maintained in secure files separate from normal personnel
files. Such records and information may be disclosed among managers and supervisors
on a need-to-know basis and may also be disclosed when relevant to a grievance,
charge, claim or other legal proceeding initiated by or on behalf of an employee or
applicant.
Inspections
[Company Name] reserves the right to inspect all portions of its premises for drugs,
alcohol or other contraband; affected employees may have union representation
involved in this process. All employees, contract employees and visitors may be asked
to cooperate in inspections of their persons, work areas and property that might conceal
a drug, alcohol or other contraband. Employees who possess such contraband or
refuse to cooperate in such inspections are subject to appropriate discipline, up to and
including discharge.
[Company Name] prohibits all employees, including employees performing work under
government contracts, from manufacturing, distributing, dispensing, possessing or using
an illegal drug in or on company premises or while conducting company business.
[Company Name] employees are also prohibited from misusing legally prescribed or
over-the-counter (OTC) drugs. Law enforcement personnel may be notified, as
appropriate, when criminal activity is suspected.
[Company Name] does not desire to intrude into the private lives of its employees but
recognizes that employees' off-the-job involvement with drugs and alcohol may have an
impact on the workplace. Therefore, [Company Name] reserves the right to take
appropriate disciplinary action for drug use, sale or distribution while off company
premises. All employees who are convicted of, plead guilty to or are sentenced for a
crime involving an illegal drug are required to report the conviction, plea or sentence to
HR within five days. Failure to comply will result in automatic discharge. Cooperation in
complying may result in suspension without pay to allow management to review the
nature of the charges and the employee's past record with [Company Name].
Definitions
"Under the influence of drugs" means a confirmed positive test result for illegal drug use
per this policy. In addition, it means the misuse of legal drugs (prescription and possibly
OTC) when there is not a valid prescription from a physician for the lawful use of a drug
in the course of medical treatment (containers must include the patient's name, the
name of the substance, quantity/amount to be taken and the period of authorization).
Enforcement
The HR director is responsible for policy interpretation, administration and enforcement.
I hereby certify that I have received a copy of [Company Name's] Drug and Alcohol
Policy.
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Employee Signature Date