Substance and Alcohol Abuse POLICY AND PROCEDURE

Transcription

1 Substance and Alcohol Abuse POLICY AND PROCEDURE INTRODUCTION recognizes the detrimental effect that the use of illegal substances and alcohol has on our society. We, also, recognize that the presence of these substances in our work places can affect the safety of our employees and our residents, plus the quality of our work. To address these concerns, has adopted the following Substance and Alcohol Abuse Policy (POLICY). The Policy is effective as of. SCOPE The scope of this policy includes all employees, direct subcontractors, and suppliers/vendors that enter on to s premises or field projects. POLICY ADMINISTRATOR appoints and supports as Administrator of our Substance and Alcohol Abuse Policy. The Administrator s duties include, but are not limited to the following: 1. Ensure that all current employees are informed of the POLICY, understand its components, and consequences for policy violations. 2. Ensure that all personnel who recruit applicants are informed of the inclusion of a Pre-Employment drug test requirement in any advertising, employment agency requests, and company employment applications. 3. Notify all applicants and employees who test POSITIVE for illegal substances. 4. Coordinate substance and alcohol abuse Reasonable Suspicion training for office and supervisory personnel. 5. Keep current on the drug test laws and modify our Policy as necessary. 6. Ensure that all existing and future subcontractors are aware of the POLICY. This information should be included in any bid documents and subcontracts. NOTE: If the subcontractor has a POLICY that is equal to ours, the subcontractor is permitted to continue to use their policy. 7. Inform s President/CEO or his designate of any violation of the POLICY.

2 MANAGEMENT RESPONSIBILITES Management and supervisors are assigned, but not limited to the following policy responsibilities. 1. Ensure that drug test requirement signs are posted at the entrances of our offices in the areas where employment applications are normally accepted. 2. Ensure that requests for employment applicant sources IE: newspapers, job services, etc. contain our drug test requirement. 3. Ensure that all personnel have received POLICY information and that a copy is available for their review. 4. Strictly comply with the POLICY guidelines that address Impaired Person, Reasonable Suspicion, and Post Accident situations. 5. Contact the Policy Administrator if questions or Gray Areas arise. DEFINITIONS The definitions for this POLICY are contained in Appendix. For an explanation of any terms that may arise, that are not included in the POLICY contact the Administrator. PROHIBITED DRUG AND ALCOHOL USE Legal Drugs 1. Legal drugs possession - whether prescribed or Over the Counter medicines must be reported to the department manager or supervisor if the use may cause any physical or mental impairment. See Definitions for a description of Impairment. 2. An employee may possess a legal drug that is prescribed by a licensed medical doctor or dentist. All prescription drugs MUST be maintained in their original container and taken as per label instruction. 3. Over-the Counter drugs - employees may possess and consume these items if taken only for their intended use (headaches, flu, etc.) and per label instruction. 4. Pills, powders, etc. that are possessed on premises or our projects that are not in their original containers IE: baggies, etc. will be removed and destroyed. NOTE: Possession of drugs in this type of packaging may constitute a Reasonable Suspicion situation and require drug testing. 5. Abuse of Over the Counter drugs will be addressed with the same procedure as illegal substances. 6. Any employee who knowingly uses and/ or abuse the legal prescription of another person will be in violation of this policy if the resultant effects of the use may be a hazard to themselves or their co-workers.

3 Controlled or Illegal Substances: 1. The attempted or actual use, possession, sale, conveyance, distribution or manufacture of illegal or controlled substances at any time while on property, while operating company vehicles, or on company business, is considered to be in violation of this POLICY. 2. Any employee will be considered to be in violation of this POLICY if their drugtest results in a Verified Positive test conclusion. Alcohol Use Workplace Office and On-Premises 1. It is a violation of this POLICY to sell, possess, transport, distribute, manufacture, or consume alcoholic substances at any time while using company property, conducting company business or otherwise representing the company. 2. The only exceptions to 1 is the incidental transportation and/ or consumption of alcoholic beverages, during business or social events, that are authorized by one or more corporate officers, in which limited alcoholic beverages are served. Road Licensed Vehicle Operation 1. It is a violation to operate a company owned or leased vehicle, in excess of the Breath Alcohol Concentration limit of the state in which the employee is assigned or is domiciled. (.08 Kansas) 2. It is a violation of this POLICY to receive a law enforcement citation for operating a vehicle while impaired regardless of the Breath Alcohol Concentration reading. RIGHT TO SEARCH reserves the right to search any employee s personal effects and vehicles for contraband while on company premises. Any employees who have been informed of this POLICY and enter a company facility or site are deemed to have given consent to this search. This procedure will be conducted on as needed basis. Employees who refuse to allow a search will be subject to disciplinary action up to & including termination. ACTIONS THAT REQUIRE DRUG TESTING 1. Pre-Employment/ Post Offer 2. Reasonable Suspicion/ Impaired Person 3. Post Accident Pre-Employment/ Post Offer 1. Recruitment: When using any media form to attract applicants, verbiage that states that submitting to and achieving a result of Negative is required for employment. 2. Employment Application: Applications should state that successfully achieving a drug test result of Negative is a condition of employment.

4 3. Refusal to Test: The application must also state that refusal to submit to a drug test is considered as not completing the hiring process and the applicant will not be considered for future employment consideration. Reasonable Suspicion/ Impaired Person Any employee who is suspected of being in violation of either or both of the provisions that are outlined in the Prohibited Drug and Alcohol Use section will be required to submit to drug and/ or alcohol use testing. The evidence for requiring reasonable suspicion testing will be collected from specific, objective, and tangible facts and reasonable inferences were drawn from these facts. Examples include, but aren t limited to: 1. Direct observation of use or consumption by company personnel. 2. Observation by a reliable and credible source. IE: customer personnel, suppliers, personnel, law enforcement personnel, etc. 3. Signal Symptoms : dizziness, slurred speech, staggering, lack of coordination, abnormal or erratic behavior, and deterioration of work performance. 4. Possession of drug paraphernalia is grounds for reasonable suspicion testing. 5. If, in the opinion, of the supervisor, there is reasonable suspicion that the employee is impaired due to drug or alcohol use the employee will be notified of the following: a. Due to reasonable suspicion of illegal drug or alcohol use, the employee will be tested immediately on site or transported at company expense to the designated testing location. Refusal to submit to drug testing will result in immediate dismissal. b. Review the POLICY. Impaired Persons Employees who appear to be impaired must be removed from the facility regardless of the cause. If a person is suspected of being impaired, the person s direct supervisor or core employee should consult with the affected person in private to determine the source of the impairment. The information from both the supervisor and core employee should be included in an incident report. If the impairment is due to a condition, other that substances abuse IE: flu, illness, etc. the employee should be transported to their home or medical facility. The supervisor should use their best judgment when determining if the employee should be allowed to transport himself. If the employee s impairment is determined to be drug or alcohol induced, the employee will be taken to the designated testing facility. If the employee refuses to accompany the supervisor, the employee will be informed of the consequences.

5 If the employee refuses and decides to leave, under no circumstances should the employee be restrained. The employee should be informed that the appropriate law enforcement agency will be notified regarding the facts and circumstances. Post Accident Testing Any undesired event that results in the injury of one or more employees that is severe enough to generate a state First Report of Injury or property / equipment damage in which the repair or replacement is estimated at $1,000 or greater. TEST COLLECTION PROCEDURES/ TESTING FACILITIES o Testing Threshold: Alcohol Breath Alcohol Concentration (BAC) of 0.8 (Kansas Statute) or greater. o Test Collection Procedures: The company will comply with the requirements of the State of Kansas. The company authorizes the collection be conducted through non-invasive methods and in accordance with accepted medical practices. EMPLOYEE PRIVACY The results of any drug or alcohol test will be considered as confidential information. Procedures to ensure confidentiality and protection from unauthorized disclosure will be followed. ADMINISTRATION AND ENFORCEMENT Any employee who is convicted of a moving traffic violation that involves alcohol use in a company vehicle or a conviction on a drug charge is required to notify their direct supervisor within 5 calendar days of the event. Failure to disclose this information will result in discipline up to and including dismissal. Loss of an employee s driver s license will require the employee immediately cease using a company owned or leased vehicle. REHABILATION Procedure: If the management of deems that a Second Chance for individual employees is warranted, the following conditions will apply: 1. The employee must agree to the treatment. 2. Be employed by the company at least 12 of the previous 18 months. 3. The cost is the responsibility of the employee. 4. The rehabilitation is a One Time Only treatment process. This means that if the employee completes the program and is re-instated as a employee, then tests Positive a second time, the employee will be terminated and no further consideration will be given for future employment.

6 AN OPEN LETTER TO THE EMPLOYEES OF (INSERT COMPANY NAME) We recognize that substance abuse is an on-the-job problem, as well as a social problem, for many employees at all levels. We believe the abuse of alcohol and use of illegal drugs endangers the health and safety of the abusers and of others around them. is committed to creating and maintaining a drug-free workplace without jeopardizing the job security of valued, but troubled, employees, provided they are prepared to accept help and rehabilitation. Our policy formally states that substance abuse will not be tolerated during working hours or on the company premises, including the parking lots and company vehicles. This prohibition includes the possession, use or sale of illegal drugs or alcohol. Employees who are found to be under the influence of illegal drugs or alcohol or who violate this policy in other ways are subject to disciplinary action, which may include termination. Because of the serious nature of these violations, each individual case will be thoroughly investigated to determine the appropriate course of action. It is important that all of us work together to resolve substance abuse and create a safer and healthier workplace. Sincerely, (Name of the CEO/Administrator/HR)

7 OVER-THE-COUNTER AND PRESCRIPTION DRUGS (That Could Alter or Affect Drug Test Results) Purpose of this form: The use of this form is to alert you to the possible influence that prescription drugs may have on the outcome of a drug test. It is for your information only at this time. If necessary, any question about the outcome of a drug test will be addressed by a licensed physician. ALCOHOL All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vicks Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contac Severe Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9% (54 proof). AMPHETAMINES Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Ionamine, Fastin CANNABINOIDS Marinol (Dronabinol, THC) COCAINE Cocaine HCI topical solution (Roxanne) PHENCYCLIDINE Not legal by prescription METHAQUALONE Not legal by prescription OPIATES Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), M-S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, Tussi-organidin, etc. BARBITURATES Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butabital, Phrenrinin, Triad, etc.

8 SUBSTANCE ABUSE POLICY ACKNOWLEDGMENT FORM Facility Name: Substance Abuse Policy DRUG SCREENING By my signature below, I hereby acknowledge that I have read and understand the Substance Abuse Policy of, which outlines the company s policy regarding the use or possession of drugs, alcohol and related items. I understand that the company may require employees to submit urine specimens and/or submit to alternate testing to be analyzed for the presence of drugs. I realize that the presence of a detectable trace of any unauthorized substance is grounds for disciplinary action and that this may include termination of my employment. I further realize that my cooperation is voluntary and that refusal to submit a specimen for testing is grounds for my termination. I agree to cooperate and abide by this policy and understand that any failure to do so on my part is grounds for termination. Employee Signature Date Signature of Supervisor / Witness Date

9 SUBSTANCE ABUSE COMMITMENT LETTER (OPTIONAL) I, have tested positive, or have admitted to the violation of the Substance Abuse Policy and have agreed to be evaluated by a substance abuse counselor and to take whatever treatment, rehabilitation or educational course the counselor recommends. I have agreed to this in return for the company not terminating me for this occasion of my violation of the Substance Abuse Policy. I agree that my continued employment is conditioned upon successfully completing the recommended treatment, rehabilitation or education course. I further agree that the counselor may consult with the company s Drug Free Work Place Administrator and give regular progress reports and reveal the results of any tests and any relevant information concerning my ability to perform my duties. I further understand that may require me to undergo follow up testing for up to two years. In addition, I agree to enter the random testing pool at the end of the follow up testing period. I understand that if this is my second offense, I have no more chances, if I violate any provision of the Substance Abuse Policy again, I will be terminated immediately and my records will be marked NOT FOR REHIRE. I further acknowledge that this agreement in no way limits the company s or my right to terminate employment at either parties discretion, nor does it create a contract for a set term of employment. Date Signed by Employee

10 APPENDIX: DEFINITIONS FACILITY: POLICY: Substance and Alcohol Abuse Policy DRUG: Any substance (other than alcohol) including prescription drugs that may impair a person s mental or motor functions. Examples include all controlled substances that are listed on state and federal Prohibited Substances lists. This definition does not include legally prescribed drugs that were disclosed by the employee to company management. EMPLOYEE: Any individual who is directly employed by. DRUG PARAPHERNALIA: Any article or device for the use, storage, or sale of illegal drugs. ACCIDENT: Any undesired event that results in the injury of one or more employees that is severe enough to generate a state First Report of Injury or property / equipment damage in which the repair or replacement is estimated at $1,000 or greater. VERIFIED POSITIVE TEST: A confirmed drug test that results in a Positive and is verified by a licensed medical review officer, in accordance with U.S. Department of Health and Human Services. TESTING FACILITY: A hospital, medical clinic, or doctor s office or lab that is licensed by the state for the purposes of drug-test collection and/ or analysis. PREMISES: All parts (parking, driveways etc.). departments, and locations of are under the direct control of the company. IMPAIRED PERSONS: Persons that, through illness or drug / alcohol abuse, have lost the ability to function normally. Typical Signal Symptoms include but aren t limited to: Dizziness Slurred Speech Staggering, Loss of Balance Deterioration of Work Performance Confusion IMPAIRMENT THREASHOLD: considers an employee to be impaired if the results of alcohol and/or substance abuse testing is at or above the following threshold levels: Alcohol: Breath Alcohol Concentration (BAC) Level of.08 for the workplace and 0.8 for any on-road driving of a road legal vehicle Illegal or Controlled Substance: Any Verified Positive drug test result will be considered as above the impairment threshold.