UNITED COMMUNITY HEALTH CENTER CORPORATE DRUG TESTING POLICY

Transcription

1 UNITED COMMUNITY HEALTH CENTER CORPORATE DRUG TESTING POLICY # UCHC Board approved October 25, 2007

2 DRUG TESTING Table of Contents I. Statement II. III. IV. Definitions General Rules Drug Testing Programs UCHC Board approved October 25,

3 NOTICE Nothing in this program or policy is intended, nor should it be construed, as creating any rights (contractual or otherwise) in any individual, nor any obligations or duties on the part of United Community Health Center. While the company believes wholeheartedly in the plans, policies, and procedures described, it is committed to reviewing them continually, and reserves the right to change, or to terminate or deviate from them at any time to the extent permitted by law. Nothing in this program is intended, nor should it be construed, as requiring "cause" for termination or otherwise alter in any manner at-will nature of the employment relationship. This program is intended to cover the employees that work on the behalf of United Community Health Center. We intend to comply with the laws of the particular jurisdiction in which we are working. To the extent that some jurisdictions may have laws that are contrary to this policy, it will be deemed modified to comply with those laws. UCHC Board approved October 25,

4 UNITED COMMUNITY HEALTH CENTER S POLICY FOR A DRUG-FREE WORKPLACE STATEMENT OF PURPOSE United Community Health Center recognizes the problems of substance abuse in society and in the workplace. Substance abuse poses a serious threat to our staff, patients, and to the communities in which we provide services. By enacting a new substance abuse policy and program, we hope to combat the problems attached to substance abuse by creating a drug free workplace. Our substance abuse policy seeks to balance our respect for individual privacy with our need to keep a safe, productive, drug free environment. Our intention is to prevent substance abuse and promote its treatment. We encourage those who use drugs to seek help in overcoming their problem. With these basic objectives in mind, United Community Health Center has established the following program and policies for a drug free workplace. UCHC Board approved October 25,

5 DEFINITIONS Abuse of a Legal Drug: Any use of a legal drug, which impairs an individual's faculties or is used in an unapproved manner (other than use of a legal drug for appropriate purposes in accordance with applicable medical directions). Taking a prescription drug that was prescribed for another shall be considered "abuse" of a legal drug. Alcohol: Ethanol, isopropanol, or methanol. Controlled Substance: The term controlled substance as used in this policy means Any drug or substance defined as a controlled substance and included in schedule I, II, III, IV, or V under the Federal Controlled Substances Act, 21 U.S.C. 801 et seq., Any substance regulated by the "Iowa Imitation Controlled Substances Act" (which includes, a substance which is not a controlled substance but which by color, shape, size, markings, and other aspects of dosage unit appearance, and packaging or other factors, appears to be or resembles a controlled substance ) found at Iowa Code Chapter 124A, and Any controlled substance or counterfeit substance under the Iowa Uniform Controlled Substances Act, found at Iowa Code Chapter 124. Drug: Any drug or substance defined as a controlled substance and included in schedule I, II, III, IV, or V under the Federal Controlled Substances Act, 21 U.S.C. 801 et seq. Legal Drugs: A drug for which there is a valid prescription for the employee or an over-the-counter-medication which are properly used. Medical Review Officer (MRO): A licensed physician, osteopathic physician, chiropractor, nurse practitioner, or physician assistant authorized to practice in any state of the United States, who is responsible for receiving laboratory results generated by an employer's drug testing program, and who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with the individual's medical history and any other relevant biomedical information. Parental Notice: Whenever notification of results to an employee or prospective employee is required to be given under the provisions of Iowa Code Section 730.5, and the employee or the prospective employee is a minor as defined by that statute, that notice shall also be provided to the parent of the individual by certified mail, return receipt requested in accordance with the provisions of that statute. Pre-employment: Pre-employment drug testing may be performed in conjunction with pre-employment physicals or as a stand-alone exam. UCHC Board approved October 25,

6 Prospective Employee: A person who has made application, whether written or oral, to our facility to become an employee. Refusal to Submit to a Test: An individual will be deemed to have refused to submit to a test if he or she declines to consent to a test, fails to provide an adequate specimen or engages in any conduct which impairs or obstructs the testing process. Sample: A sample from the human body capable of revealing metabolites, such as urine, saliva, skin, or hair as allowed by Iowa law. "Sample" does not include blood (except in situations where a blood test was made on an employee involved in a workplace accident if the test was administered by or at the direction of a person providing treatment to the employee and the test was not made at the request of or by the suggestion of the employer). WORK RULES A. Legal Drugs 1. Prescription Drugs: An employee may bring to work and take a prescription drug during work hours only if the drug has been prescribed for the employee by a physician or other authorized prescriber and only if the drug is taken in accordance with the prescriber's directions. All prescription drugs must be kept in the container in which they were received from the pharmacy or other dispenser. 2. Over-the Counter Medications: An employee may bring to work an over-the-counter drug during work hours only if the drug is used for its intended purposes and in accordance with package directions and any supplemental directions of the employee's physician. All over-the-counter drugs must be kept in the original container (including the box, with all package inserts). UCHC Board approved October 25,

7 3. Notification: An employee must notify his/her Supervisor whenever he/she is using a prescription or over-the-counter medication which potentially may affect safety or work-performance. In making this determination, the employee should rely on the warnings or cautions that are received with the particular legal drug. The facility does not seek information on all drugs that an individual may be taking, but only those where there is an indication that the drug may affect performance, or there is a caution that one should not engage in certain activities which are part of the employee's job duties while taking the drug. The facility reserves the right to take appropriate action (including relieving the employee from work) if the use of the drug impairs or is likely to impair the employee's faculties or work performance or any safety issue is involved. 4. Abuse: Abuse of legal drugs will not be tolerated, and will be dealt with in the same manner as the illegal use of a controlled substance. B. Drug and/or Alcohol Possession, Transfer or Use, Other Than Use Detected by a Drug Test The facility expressly prohibits bringing or attempting to bring on the facility s premises or property, or to any facility worksite, any drug or other controlled substance at any time. The facility expressly prohibits any employee having possession of, using, consuming, selling, transferring, or attempting to sell or transfer or being under the influence of alcohol or any drug or other controlled substances while on facility business or at any time during the hours between the beginning and ending of the employee s workday whether or not the employee is then currently on duty. Employees on-call must be prepared to assume their on-call duties and may not be under the influence of any drug or alcohol. Any employee in violation of this policy is subject to discipline including, immediate discharge or suspension without pay, even for the first occurrence. This rule does not apply to alcoholic beverages provided by the facility for use at special facility-sponsored activities. No employee may perform any job-related function if that employee has been using alcohol. C. Impairment During Work Hours UCHC Board approved October 25,

8 1. It is our intent that an employee whose faculties appear to be impaired during work hours will not be allowed to work, regardless of the cause. 2. An employee whose faculties are impaired during work hours due to the effects of the use of alcohol or illegal use of a controlled substance including the abuse of a legal drug is subject to discipline, even for the first occurrence.. The facility shall make the determination regarding whether or not testing will be done and what discipline is imposed. D. Prospective Employee Drug Test 1. Prospective employees will be required to undergo a drug test. To be considered qualified for employment with the facility, it must receive a "negative" report on a valid pre-employment drug screen. If that qualification is not met, the prospective employee will be deemed "not qualified," and any conditional offer of employment that has been extended will be withdrawn. A prospective employee's positive drug test result, or the refusal of the prospective employee to provide a testing sample, does not prevent the prospective employee from later initiating another inquiry with the facility. To be reconsidered, the prospective employee may reapply after twelve months, and employment will again be conditional upon passing a drug test. 2. In the event of a confirmed positive drug or alcohol test, the prospective employee will be provided the following information via regular and certified mail from the facility, return receipt requested: (1) the drug and/or alcohol test results; (2) the address and name of the MRO supervising the test; and (3) notification of the right to request records concerning the test results. 3. If the prospective employee is a minor, such notice of the confirmed positive drug or alcohol test will also be mailed to a parent, step-parent, or guardian of the prospective employee by certified mail, return receipt requested. 4. The prospective employee shall be entitled to receive records of a confirmed drug or alcohol test only if a request for records is made within 15 calendar days from the date that notice of the test results are provided. The request for records shall be directed to the facility. E. Employee Discipline in Connection With a Drug Test Employees may be required to undergo a drug test under certain circumstances. The following is a list of uniform requirements for action the UCHC Board approved October 25,

9 facility will take against the employee upon receipt of a confirmed positive drug test result, or upon the employee s refusal to submit to such test or upon any admission by an employee of a policy violation. 1. Refusal to Submit to a Drug Test. An employee's refusal to submit to a drug test when requested to do so will result in the employee s termination from the facility. 2. First Positive Drug Test Result. An employee's first confirmed positive drug test will result in the employee s termination from the facility. 3. Pre-Result Suspension. Prior to the facility receiving the results of the employee's drug test for reasonable suspicion, the employee's employment with the facility will be suspended without pay, pending the outcome of the test. If the result of the test does not violate the terms of this written policy, the employee will be reinstated, with back pay and interest, as provided under Iowa law. DRUG TESTING PROGRAMS A. Prospective Employee Substance Abuse Screening Program 1. An individual applying for a job will be required to submit to a drug test: B. Employee Substance Abuse Screening Program 1. An active employee may be requested or required to submit to a drug test under the following circumstances: a. Reasonable Suspicion Drug Testing: A specific employee may be required to submit to a drug test if the facility has evidence that an associate is using or has used drugs in violation of the facility's written policy. This evidence must be drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Examples that might support such include the following: observations made at work, such as direct observation of drug use or the physical symptoms of being impaired by drug use; abnormal conduct or erratic behavior while at work or a significant deterioration in work performance; UCHC Board approved October 25,

10 a report, by a reliable and credible source, of drug use; evidence that an individual has tampered with any drug test during the individual's employment with the current employer; and evidence that an employee has manufactured, sold, distributed, solicited, possessed, used, or transferred drugs while working, or while on the employer's premises, or while operating the employer's vehicle, machinery, or equipment. The "Reasonable Suspicion Documentation" form will be used in evaluating an employee's capabilities in performing his/her job. The individual making the evaluation will complete this form. b. Workplace Accident Testing: The facility may require an employee to submit to a drug test in conjunction with its investigation of any accident in the workplace which results in damage to property, including equipment, in an amount reasonably estimated at the time of the accident to exceed $1,000.00, or which results in an OSHAreportable injury to any person (regardless of whether the injured person is an employee of the facility). For purposes of this section, where there is a death or where the condition of the individual is such that he/she may lose work time other than the day of the accident, was unconscious, or may have some restriction in work or motion, the requirement of an OSHA-reportable injury will be deemed to have been met. It should be emphasized that testing in conjunction with the investigation of a workplace accident is not limited to the individual who was injured. c. Federal Laws/Regulations: The facility will conduct testing as required by a federal law or regulation or by law enforcement. C. Types of Testing that May Be Required 1. Drug Testing. The facility has determined to conduct controlled substance or "drug" testing in an attempt to discourage and prevent prospective and existing employees from illegally using drugs. At the time the sample is collected, the prospective employee or current employee may provide any information, which may be relevant to the drug test. Such information may include identification of prescription or nonprescription drugs currently or recently used or any other relevant medical information. Precautions will be taken to ensure that the testing only measures and the records concerning the testing only make use of information regarding drugs in the body. The following is a list of drugs for which testing will occur: UCHC Board approved October 25,

11 Marijuana (Including cannabinoids and THC derivatives. The facility has a "zero tolerance" for cannabinoids and has instructed its MRO that no explanation for the presence of this substance should be accepted); Barbiturates; Cocaine; Opiates (and their derivatives including morphine and codeine); Phencyclidine; Amphetamines (including methamphetamines); C. Standards Applicable to All Testing of Current Employees 1. Test Scheduling: Drug testing shall normally occur during, or immediately before or after, a regular work period. The time required for testing, including travel time, is considered work time for purposes of the FLSA, compensation, and benefits. 2. Test Costs: The actual costs for testing, other than for a second confirmatory drug test if one is requested as provided by law, are paid by the facility. If the drug sample collection is conducted at a place other than the employee's normal worksite, the facility will provide transportation, or pay reasonable transportation costs to the employee. 3. Transportation of Employees Subject to Drug Tests: Any employee deemed unfit for duty, regardless of whether that decision is based on a reasonable suspicion that he/she is under the influence of a controlled substance or alcohol, will be instructed and directed not to transport him/herself home or to a testing center. A representative of the facility will be responsible for transporting the employee. Circumstances may require use of public transportation for transporting the employee home; however, this will generally only be used when a family member cannot be reached and facility representatives are not available. If the employee refuses transportation assistance, and indicates an intention to drive from work, the supervisor and/or manager will document the refusal and that they warned the employee that proper authorities would be notified. 4. In the event of a confirmed positive drug or alcohol test, the employee will be notified in writing by certified mail, return receipt requested of the test results, the employee s right to request and obtain a confirmatory test, the test fee and the procedure to request a confirmatory test. UCHC Board approved October 25,

12 5. If the employee is a minor, such notice of the confirmed positive drug or alcohol test will also be mailed to a parent, step-parent, or guardian of the employee by certified mail, return receipt requested. 6. Employees shall be entitled to receive records of a confirmed drug or alcohol test only if a request for records is made within 15 calendar days from the date that notice of the test results are provided. The request for records shall be directed to the facility. D. Confidentiality of Records. 1. All communication received by the facility relevant to employee or prospective employee drug or alcohol test results, or otherwise received through the facility s drug or alcohol testing program, is confidential communication and shall not be used or received in evidence, obtained in discovery or disclosed in any public or private proceeding, except as otherwise provided or authorized under Section of the Iowa Code. 2. An employee or prospective employee, who is the subject of a drug or alcohol test pursuant to the facility s written policy and for whom a confirmed positive test result is reported shall, upon written request, have access to any records relating to his/her own drug or alcohol test, including records of the laboratory where the testing was conducted and records relating to the results of any relevant certification or review by a medical review officer. UCHC Board approved October 25,