How To Test For Drugs And Alcohol

Transcription

1 Group Policy GE Healthcare issued By. HUMAN RESOURCES NO 2.7 To be Reviewed: November 2013 Date 9/13/10 subject DRUG-FREE WORKPLACE I. INTRODUCTION GE Healthcare believes that its employees are the Company's most valued resources. As part of its effort to provide a safe, healthy and productive work environment, the Company has implemented a comprehensive drug control program, which includes mandatory pre-employment drug screening, possible employee drug screening and strives toward the goal of a drug-free workplace. As part of the program, the Company intends to communicate to employees about the dangers of drug use and distribution. The Company may assist, through counseling, rehabilitation and its established benefit programs, those employees who may have problems with illegal or unauthorized drug use. Where appropriate, the Company will discipline employees for engaging in the unlawful manufacture, distribution, dispensation, possession or use of a controlled, illegal or unauthorized substance, or working under the impairment of such a substance or alcohol, all of which are strictly prohibited in the workplace, during working hours and while operating a Company (including a Fleet) vehicle. All employees, as a condition of continued employment, must comply with this policy for a drug-free workplace. II. STANDARDS OF CONDUCT The following activities are contrary to the standards of conduct we expect of our employees: (1) Reporting for work, working, or operating a Company (including a Fleet) vehicle while under the influence of: (a) prescribed medications or overthe-counter medications that, for that employee, cause drowsiness or have other side effects that may pose a safety problem, unless prior approval has been obtained from the Company's medical clinic; (b) intoxicating beverages; or (c) controlled substances (including medically prescribed marijuana). Page 1 of 14

2 (2) Doing any of the following while on the job, during working hours, while on Company or customer premises, while on Company business or while operating or riding in a Company (including a Fleet) vehicle: (a) possession, transmittal, receipt or use of intoxicating beverages (unless used in moderation during a management approved customer or team event); or (b) unlawful manufacture, distribution, dispensing, receipt, possession or use of controlled substances (including medically prescribed marijuana) or drug paraphernalia. Failure to comply with any of these standards will result in discipline, up to and including discharge. Any employee convicted of a drug-related crime occurring in the workplace or involving the use of a company vehicle must notify his/her Human Resources Manager of the conviction within five days of the conviction. Failure to do so will result in discipline, up to and including discharge. III. TESTING A. Circumstances Under Which Testing Will Occur. 1. Pre-Emplovment. All applicants for employment must timely take and pass a pre-employment drug test administered after a job offer has been extended but before a hiring decision becomes final. 2. Customer Required. All employees that have access to a customer site are subject to testing when a customer has required such testing in order to gain such access, unless prohibited by applicable law. 3. Reasonable Suspicion. All employees are subject to testing when, in the Company's sole judgment, reasonable suspicion exists to believe an employee may be using or under the influence of drugs or alcohol while on Company or customer premises, while on Company business, while operating a Company (including a Fleet) vehicle, or during working hours. Reasonable suspicion may be considered in circumstances including, but not limited to, erratic behavior, unpredictable mood swings, accidents, increased absenteeism, physical manifestations, information from credible sources or violation of other Company policies. 4. Post-Accident. Employees who are injured, who have caused injury to another person, or who have been involved in an accident during the course of the workday, on Company premises, or while operating a Company (including a Fleet) vehicle are subject to drug and/or alcohol testing at the Company's option if, in its sole judgment, there is reason to suspect that drugs and/or alcohol may have contributed to the cause of the accident or incident. Page 2 of 14

3 5. Return to Duty. Employees are subject to unannounced testing if they have been allowed to return to work after having received a confirmed positive test for drugs and/or alcohol in a reasonable suspicion, customer required, or post-accident test and after having thereafter gone through prescribed rehabilitation treatment. This testing will occur periodically throughout the year for a period of twenty-four (24) months following completion of the prescribed rehabilitation treatment. Nothing in this section requires the Company to permit an employee who has tested positive to continue employment and the Company reserves the right to discharge or take other appropriate disciplinary action following a positive test result. 6. Random Testing. The Company will randomly test employees only where required by applicable law. B. Cooperation. An applicant or employee has the right to refuse to submit to a requested drug and/or alcohol test. However, switching or adulterating a urine, blood or other sample used for testing, refusing to submit or unreasonably delaying in submitting a urine, blood or other sample for testing when requested by the Company, or any other action evidencing a refusal to fully cooperate in the collection/testing process (including refusal to sign an authorization form for the testing) will constitute grounds for not hiring an applicant or for imposing discipline on an employee, up to and including discharge. C. Testing Procedure. Drug and/or alcohol tests will be conducted by qualified, Company approved facilities using specimen collection, storage and transfer procedures designed to safeguard testing integrity and clinically accepted testing methods. Employees and applicants will be tested for the following substances: cannabinoids (THC) (marijuana), cocaine, opiates, phencyclidine (PCP), and amphetamines. Employees who will have regular access to customer sites will also be tested for additional substances, including amphetamines, benzoylecgonine, barbiturates, benzodiazepines, propoxyphene, methadone, and methaqualone, as the standard Company test, and other substances as may be required by specific customers in order to access their sites. In the necessary case that additional substances must be tested for, it will be limited to the specific case and the persons to be tested will be notified in advance. If the urine sample provided by an applicant or employee for drug testing screens positive for a controlled or illegal substance, the sample will be subjected to a confirmatory test and a medical officer review as necessary. If the confirmatory test is reported positive, the Company will notify the employee or applicant of the result and the person will have five working days in which to request in writing a retest of the original sample. The person requesting the retest will have to pay the cost of the retest. The Company will reimburse the cost of the retest if it is negative. Page 3 of 14

4 Persons who test positive on an alcohol test, or confirmatory drug test or retest, if one was requested, will be provided an opportunity to offer evidence of their recent or current use of any over-the-counter or validly prescribed medication(s), and any other relevant information that affects the reliability of the test or provides a legitimate explanation for the result, to the Company or to a physician designated by the Company to review such information. If a retest requested by an applicant or employee is negative, or if, in the opinion of the Company and/or its designated physician, a valid explanation for a positive test result exists and the person is otherwise qualified for employment, no adverse employment action will occur. An applicant who receives a verified positive test result and who does not offer a legitimate explanation for the verified positive test result will not be hired. D. Confidentiality. Test results shall be accessible to Company personnel involved in human resources decisions, Company physicians, and persons tested. If the person tested will have access to a customer site, and the customer requires access to the tested person's test results, GEHC will obtain the tested person's written authorization prior to releasing the test results. Refusal to consent will result in termination from employment. Results shall otherwise be kept confidential as required by law. Persons tested have the right to obtain all information and records related to their testing. IV. REHABILATION IN LIEU OF DISCHARGE. An employee (which does not include applicants for employment or persons who have received conditional offers of employment) who fails to pass a drug or blood-alcohol test, and who fails to offer a valid explanation for a verified positive test result, must enter and successfully complete the rehabilitation and/or treatment program recommended by the Company's Employee Assistance Program ("EAP") and approved by the Company to remain eligible for continued employment. Failure to comply with the EAP's recommended rehabilitation and/or treatment program, including failure to comply with program requirements, will result in discharge. Unpaid time off to obtain treatment will be granted if necessary. Such an employee must provide, if requested, any authorization(s) needed by the Company to permit it to obtain information regarding the employee's compliance with program requirements. If, having once received an opportunity for rehabilitation after a positive confirmed test, an employee receives a verified positive result on another drug or alcohol test, the employee will be subject to discipline up to and including discharge. Depending on the seriousness of an employee's conduct, including whether or not he/she has violated more than one of the standards of conduct described in section II above, and whether the positive test results will impact his/her ability to access a customer(s) site(s), the Company may deny the rehabilitation option and terminate the employee. Employees, therefore, are strongly urged to seek appropriate rehabilitation before a drug or alcohol problem leads to testing and/or disciplinary action. The Page 4 of 14

5 Company will attempt to accommodate any treatment or rehabilitation needs such an employee may have, granting unpaid time off for such purposes, if necessary. Although the Company does not specifically endorse any local drug counseling, rehabilitation or treatment programs, GEHC's EAR can refer you to treatment for such problems. In addition, the "yellow pages" of your phone book lists health care providers who offer treatment for such problems and your personal physician can also provide appropriate referrals. V. EMPLOYEE ASSISTANCE PROGRAMS. Controlled substance dependency is a personal, highly complex health and employment problem. It may be treated and controlled through education, counseling and rehabilitation programs. GEHC has established the EAR, in part, to help employees who are prepared to make the commitment to terminate substance abuse, use or dependency. While GEHC believes wholeheartedly in the practices and procedures described in this Drug/Alcohol Policy, the Company reserves the right to modify, revoke, suspend, terminate or change policy provisions in whole or in part at any time. Neither the language used in this policy nor any other written materials you may receive in connection with its administration, oral statements or any assurances of any kind or nature, are intended or shall be construed to create a contract or give rise to any contract rights between the Company or any one or all of its employees. The final decision on any question regarding interpretation of this policy rests with GEHC's Management. In the event there is something you do not understand in this policy, please feel free to discuss it with your supervisor or Human Resources manager. Page 5 of 14

6 ADDENDUM FOR ALASKA Testing Procedures: The employee has a right to request and obtain the written results of his or her drug test. GEHC will provide these results within five (5) working days of receipt of the written request to do so, so long as the employee has made the written request within six months of the date of the test. Furthermore, upon his/her written request, an employee has a right to explain a positive test result in a confidential setting. If the employee so requests within 10 days of notification of the test results, GEHC will provide the employee an opportunity to explain the test results within 72 hours of receiving the written request, or before taking any adverse employment action. ADDENDUM FOR CONNECTICUT Pre-Employment testing does not apply to former employees being rehired within twelve (12) months of terminating his or her employment. GEHC will not require testing at the insistence of customers unless one of the other grounds for testing exists. Even though GEHC may not require testing at a customer's insistence in the absence of other grounds for testing, refusal to voluntarily consent to a customer requested test may have consequences due to lack of work/inability to access customer sites. Page 6 of 14

7 ADDENDUM FOR IOWA GEHC Drug Testing Policy: With respect to testing for alcohol impairment of current employees, the standard for alcohol concentration that will be deemed to violate the policy is.04 grams of alcohol per two hundred and ten liters of breath or its equivalent. If an employee has a confirmed positive alcohol test that indicates alcohol concentration higher than this level, if the employee has been employed by GEHC for at least twelve of the eighteen preceding months, and if rehabilitation is agreed to by the employee, the employee must undergo rehabilitation. If the employee completes the recommended rehabilitation, the Company will not take adverse action based on the test result. The costs of such rehabilitation will be apportioned as provided under GEHC's employee benefit plan. Thereafter, GEHC may take adverse employment action against an employee for failure to comply with the requirements of the rehabilitation program. In all other circumstances, a positive alcohol test will be treated in accordance with the Company's general policy and any action taken will be based solely on the test result. GEHC will test current employees if there is a reasonable suspicion to believe that the employee is using drugs; at the time during, after completion of, drug and alcohol rehabilitation; as required by federal law; and to investigate workplace accidents. GEHC will not require testing at the insistence of customers unless one of these other grounds for testing exists. Even though GEHC may not require testing at a customer's insistence in the absence of other grounds for testing, refusal to voluntarily consent to a customer requested test may have consequences due to lack of work/inability to access customer sites. GEHC may conduct drug testing or alcohol impairment testing for the purpose of investigating accidents in the workplace in circumstances where the accident resulted in injury to the employee or another person, or resulted in damage to property, including equipment, in an amount reasonably estimated at the time of the accident to be over one thousand dollars. Testing Procedures: When GEHC receives a report of a confirmed positive drug test for an employee, it will notify the employee (and the employee's guardian, if the employee is under 18) of the results of the test by certified mail, return receipt requested. At this time, the employee has a right to request and obtain a confirmatory test of the second sample at a laboratory of the employee's choice. The employee must pay the fee for this test. If an Page 7 of 14

8 employee, with seven days from the date of notification of the confirmatory test results by GEHC, either in person or by certified mail, return receipt requested, requests a second confirmatory test, identifies an approved laboratory to conduct the test, and pays GEHC the fee for the test, a second confirmatory test will be conducted. An employee or prospective employee who is the subject of a drug or alcohol test has the right of access, upon written request, to any records relating to the employee's drug or alcohol test, including records of the laboratory where the testing was conducted and any records relating to the results of any relevant certification or review by a medical review officer. However, a prospective employee shall be entitled to records only if he or she requests the records within fifteen calendar days from the date GEHC provided the prospective employee written notice of the results of a drug test. ADDENDUM FOR MAINE GEHC Drug Testing Policy: GEHC's Drug-Free Workplace policy is in accordance with the Maine Substance Abuse Testing Law (26 M.R.S.A ) and the Maine Department of Labor Rules relating to Substance Abuse Testing (adopted October 27,1989). GEHC will require all applicants for employment to submit to drug testing only after they have received an offer of employment conditioned upon a negative drug test. An applicant who receives a positive test result will not be hired. Pre-Employment testing does not apply to any person separated from employment by GEHC while receiving a mandated benefit from or on account of GEHC, including but not limited to workers' compensation, unemployment compensation and Family Medical Leave for a period of 30 days beyond the termination of the benefit, nor will PreEmployment testing apply to any person separated from employment by GEHC while receiving a non-mandated benefit from or on account of GEHC for a period of 30 days beyond the separation. GEHC will test current employees if there is a reasonable suspicion to believe that the employee is using drugs; at the time during, after completion of, drug and alcohol rehabilitation; and as required by federal law. GEHC will not test employees at the insistence of customers unless one of these other grounds for testing exists. Even though GEHC may not require testing at a customer's insistence in the absence of other Page 8 of 14

9 grounds for testing, refusal to voluntarily consent to a customer requested test may have consequences due to lack of work/inability to access customer sites. Reasonable suspicion testing will not be based exclusively on any of the following: (i) information received from an anonymous informant; (ii) information tending to indicate that an employee may have possessed or used a substance of abuse off duty (except when the employee is observed possessing or ingesting any substance of abuse either while on the premises or in the proximity of GEHC's premises during or immediately before the employee's working hours; or (iii) a single work-related accident. GEHC staff will state, in writing, the facts upon which a determination of reasonable cause is based and provide a copy of the statement to the employee prior to testing. Testing Procedures: During the period between testing and the receipt of the test results, an employee may be suspended with full pay and benefits, may be allowed to work while awaiting results, or may have a change in assignment without a loss of pay or benefits (determined at the discretion of GEHC). Employees and applicants will be notified by personal telephone call and confirmed by mail of test results, unless the employee or applicant instructs GEHC otherwise. If an employee receives a confirmed positive result, an employee will be offered the opportunity for up to six months of rehabilitative services. If the employee refuses to use rehabilitative resources, the employee may be terminated from employment. Upon successfully completed rehabilitation as determined by the provider after consulting with GEHC, the employee is entitled to return to his/her previously held job with full pay and benefits unless conditions unrelated to the employee's previous confirmed positive result make the employee's return impossible. No reduction may be made in an employee's previous benefits or rate of pay while waiting reassignment to work or while working in a position other than the previous job. The employee shall be reinstated to the previous position or another position with the equivalent rate of pay and benefits and with no loss of seniority within six months after returning to work in any capacity with GEHC, unless the employee has received a subsequent confirmed positive test result within that time, or unless conditions unrelated to the employee's previous confirmed positive test makes reinstatement or reassignment impossible. At the request of an applicant or employee, at the time a test sample is taken, a portion of the same collected, sealed and labeled according to State regulations and these procedures, will be segregated for that person's own testing. The employee shall notify GEHC and the facility of the testing laboratory selected for that person's own testing within 5 days after receiving notice of the initial test results. The employee or applicant will be required to pay for the segregation of a second sample as well as the expense of the additional testing only if and when the employee or applicant notifies GEHC of the choice of laboratory to which the second sample will be sent. If an employee chose to Page 9 of 14

10 segregate a portion of their sample and elects to submit that sample to a laboratory of their choice, the results of the second test will be controlling. To appeal the results of a confirmed positive result in lieu of testing the segregated sample, the employee or applicant must fill out and sign the attached "Substance Abuse Test Appeal" form submitting information explaining or contesting the results, within five (5) working days after notice of a confirmed positive test result. The appeal process will be conducted without cost to the employee or applicant. The employee or applicant will then be scheduled to meet within 14 days with the MRO or GEHC's Medical Director. The employer applicant will explain the basis for the appeal and may be asked questions. After the meeting concludes, a written report of findings and conclusions will be prepared and a copy sent to the employee or applicant. For an alcohol or marijuana test, the employee may request that a blood sample be taken for testing. The employee must make the request at the time a test sample is taken. If the employee requests a blood test, no other sample from the employee will be tested for alcohol or marijuana. However, the employee may be required to provide a urine sample for testing of other drugs. Confidentiality: Drug or alcohol test results shall be accessible to Company personnel involved in human resources decisions, Company physicians and persons tested. If the person tested is tested at the insistence of a customer where reasonable cause to test exists, GEHC will obtain tested person's written authorization prior to releasing the test results to the customer. Refusal to consent will result in termination or no hire. Employee Assistance Program: The GEHC Employee Assistance Program ("EAR") has been certified under the State's Department of Human Services "Regulations for Employee Assistance Programs for Employers Operating in the State of Maine." The EAP provides a range of services to employees for substance abuse. A copy of the DHS approval, description of GEHC's program and explanation of how to obtain services is attached. If an employee elects to use the services provided under the EAP, the cost will be covered by GEHC. If any employee elects to use another rehabilitation program, some of those costs may be covered by the employee's health insurance. To the extent that costs may not be covered by health insurance, the additional costs are divided equally between GEHC and the employee. If the employee has difficulty paying his or her share of these expenses, the employee should consult with GEHC to arrange for a loan or advance against future earnings through a payroll deduction plan. Page 10 of 14

11 ADDENDUM FOR MARYLAND Testing Procedures: Employees and applicants may request independent testing of the same specimen used for the purpose of GEHC's drug testing in order to verify test results. The laboratory chosen by the individual to test the sample must be certified by the Maryland Department of Health and Mental Hygiene. The individual requesting the independent test must bear the cost of the test. ADDENDUM FOR MINNESOTA The Company will test applicants for employment only if a job offer has been made and all applicants who receive an offer for that position are required to undergo the test. If a job offer is withdrawn based on a positive test result, GEHC will inform the applicant of the reason for its action. GEHC will not require employees to submit to drug and alcohol testing at the insistence of customers, unless another permissible ground listed in the GEHC Drug-Free Workplace Policy exists. Even though GEHC may not require testing at a customer's insistence in the absence of other grounds for testing, refusal to voluntarily consent to a customer requested test may have consequences due to lack of work/inability to access customer sites. Testing Procedures: Before undergoing drug and alcohol testing, each employee or applicant will receive a form on which to acknowledge that he or she has seen the employer's drug testing policy. An employee with a first positive confirmed test result will be given the opportunity to participate in a counseling or rehabilitation program. If the employee refuses to participate in the program or fails to successfully complete the program, he/she will be discharged. Subsequent positive confirmed test results will result in discharge. Page 11 of 14

12 ADDENDUM FOR MISSISSIPPI GEHC Drug Testing Policy: GEHC's Drug-Free Workplace policy is in accordance with Mississippi Statute Sections 71-7 et seq., the statutory provisions concerning employee drug testing in this state. GEHC will only test employees when there is a reasonable suspicion to believe that the employee is using or has used drugs in violation of the employer's policy or, under the return to duty provision, may require drug and alcohol testing if an employee has entered a drug abuse rehabilitation program or if a previous drug or alcohol test within a twelve-month period resulted in a positive confirmed test result. GEHC will not test employees at the insistence of its customers unless such reasonable suspicion also exists. Even though GEHC may not require testing at a customer's insistence in the absence of reasonable suspicion, refusal to voluntarily consent to a customer requested test may have consequences due to lack of work/inability to access customer sites. Applicants will be subject to a pre-employment drug test. Testing Procedures: Employees and applicants will be tested for the following substances: cannabinoids (THC) (marijuana), cocaine, opiates, phencyclidine (PGP), and amphetamines. Prior to submitting to a drug or alcohol test, an employee may confidentially report the use of prescription or non-prescription medications to the drug testing facility or to GEHC's medical office at (262) ADDENDUM FOR MONTANA Only employees in and applicants for positions, which the Company deems safetysensitive, will be subject to alcohol and/or drug testing. Safety-sensitive positions include, but are not limited to, Field Engineer positions and other positions where the incumbent assembles or repairs medical imaging, monitoring or other equipment, and employees who operate Company vehicles. Page 12 of 14

13 ADDENDUM FOR OKLAHOMA GEHC will test applicants for employment only if a job offer has been made and all applicants who receive an offer for that position are required to undergo the test. An applicant who receives a positive test result will not be hired. GEHC will test current employees if there is a reasonable suspicion to believe that the employee is using drugs; at the time during, after completion of, drug and alcohol rehabilitation; as required by federal law; and to investigate workplace accidents. GEHC will not test employees at the insistence of customers unless one of these other grounds for testing exists. Even though GEHC may not require testing at a customer's insistence in the absence of other grounds for testing, refusal to voluntarily consent to a customer requested test may have consequences due to lack of work/inability to access customer sites. GEHC may conduct drug testing or alcohol impairment testing for the purpose of investigating accidents in the workplace in circumstances where the accident resulted in injury to the employee or another person, or resulted in damage to property, including equipment, in an amount reasonably estimated at the time of the accident to be over five hundred dollars. ADDENDUM FOR RHODE ISLAND GEHC will only test employees if GEHC has reasonable grounds to believe the employee's use of controlled substances is impairing his or her ability to perform his or her job. Employees who test positive will be referred to a substance abuse professional for assistance. The Company may test employees who have been referred to a substance abuse professional, and an employee whose testing indicates any continued use of controlled substances despite treatment, or who does not comply with required treatment, may be discharged. Employees in Rhode Island will not be tested on a company-wide basis or at the insistence of customers, unless such reasonable cause also exists. Even though GEHC may not require testing at a customer's insistence in the absence of reasonable cause, refusal to voluntarily consent to a customer requested test may have consequences due to lack of work/inability to access customer sites. Page 13 of 14

14 TEN-PANEL CONTROLLED SUBSTANCES TEST When processing your specimens, all U.S. Department of Health and Human Services/Substance Abuse and Mental Health Services Administration (HHS/SAMHSA) laboratories use the following test cut-off limits, established by HHS/SAMHSA in their "Mandatory Guidelines for Federal Workplace Drug Testing Programs" - November 25, DRUG CLASS SCREENING METHOD SCREENING CONFIRMATION CONFIRMATION CUT-OFF METHOD CUT-OFF (Ng/MI) (Ng/MI) Amphetamines* Amphetamine Methamphetamine Benzoylecgonine* Cocaine Metabolite Cannabinoids* Marijuana Metabolite THC-COOH Opiates* Codeine Morphine Phencyclidine* PCP Barbiturates Amobarbital Butabarbital Butalbital Pentabarbital Phenobarbital Secobarbital Benzodiazepines Nordiazepam (Librium, Valium) Oxazepam (Librium, Valium) Temazepam (Restoril) Alprazolam Metabolite (Xanax) Propoxyphene (Darvon) Methadone Methaqualone = Immunoassay Techniques = Gas Chromatography/Mass Spectrometry Ng/MI = Nanograms per Milliliter = 5 Panel drug

15 Prepared by: Division of Workplace Programs Posted: February 2005 Drug Cutoff Concentrations* The following cutoff concentrations are used by certified laboratories to test urine specimens collected by Federal agencies and by employers regulated by the Department of Transportation: Initial Test Cutoff Concentration (nanograms/milliliter) Marijuana metabolites 50 Cocaine metabolites 300 Opiate metabolites 2000 Phencyclidine 25 Amphetamines 1000 Confirmatory Test Cutoff Concentration (nanograms/milliliter) Marijuana metabolite (1) 15 Cocaine metabolite (2) 150 Opiates: Morphine 2000 Codeine Acetylmorphine (4) 10 Phencyclidine 25 Amphetamines: Amphetamine 500 Methamphetamine (3) 500 Footnotes: (1) Delta-9-tetrahydrocannabinol-9-carboxylic acid (2) Benzoylecgonine (3) Specimen must also contain amphetamine at a concentration greater than or equal to 200 nanograms/milliliter (4) Test for 6-AM when morphine concentration exceeds 2000 nanograms/milliliter * From the Mandatory Guidelines for Federal Workplace Drug Testing Programs, Federal Register notice published April 13, 2004 (69 FR 19644) effective November 1, 2004.