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[Employer] complies with all state and federal laws and regulations regarding drug and alcohol use. This policy addresses drug and alcohol use for employees and applicants.
DRUG/ALCOHOL-FREE WORKPLACE PLEDGE
[Employer] is committed to safeguarding the health of employees, providing a safe place for employees to work, and supplying our customers with the highest quality products and service possible. As part of that commitment, [Employer] believes that illegal drugs and the abuse of alcohol have no place in workplaces and establishes a drug- and alcohol-free environment for all its workplaces.
Employees and applicants are strictly prohibited from possessing, manufacturing, distributing, storing, consuming, or otherwise using alcohol and illegal drugs, as defined by state or federal laws and regulations, on [Employer]'s premises and worksites, at [Employer] activities, or in any [Employer] vehicle.
On occasion, [Employer] permits alcohol consumption on its premises for [Employer]-sponsored functions or at other work-related functions. [Employer] notifies employees about any such functions and expects employees to abide by [Employer]'s code of professional conduct when attending these functions (such as refraining from becoming intoxicated).
[Employer] is aware that employees and applicants can be taking lawful prescription medication as authorized by health care providers. All employees and applicants can voluntarily disclose any such use on [Employer]'s Substance Abuse Testing Consent Form prior to testing and bring medical certification of such use. If such use is otherwise detected during the drug and alcohol testing process, employees and applicants must provide medical or professional authorization for such prescriptions.
DRUG AND ALCOHOL TESTING
As part of the hiring process, [Employer] conducts drug tests for all applicants. Applicants are advised of the testing requirements in detail prior to an offer of employment. [Employer]'s drug and alcohol policy is explained to all applicants, who must complete and officially sign and date [Employer]'s Substance Abuse Testing Consent Form. Applications for employment can't be processed unless applicants submit to testing procedures.
Employees are tested for drugs or alcohol:
• for cause;
• as part of annual or biennial physical examinations;
• on a random basis and at least annually if they occupy sensitive positions from a safety and health or security standpoint, including all transportation positions;
• according to government contracts with state or federal government agencies;
• following accidents, specifically when required by law;
• pursuant to conditions or procedures established in connection with [Employer]'s EAP;
• when returning from a lengthy absence from duty; or
• when required by state or federal laws and regulations or by other contractual obligations.
Once selected for such testing, employees must sign and date [Employer]'s Substance Abuse Testing Consent Form.
Employee testing conditions defined:
For-cause testing. Current employees can be asked to submit to a drug and alcohol test if cause exists to indicate that their health or ability to perform work might be impaired. Factors that could establish cause include, but aren't limited to: sudden changes in work performance; odor of alcohol or residual odor peculiar to some chemical or controlled substances; involvement in an accident or near-accident; or discovery or presence of illegal or suspicious substances or materials in employees' possession or near employees' workplace. If [Employer] has cause to believe or has a reasonable suspicion that employees are impaired or are abusing legal or illegal substances, these findings and observations are documented and reviewed by HR before employees are asked to consent to a test and sign a Substance Abuse Testing Consent Form.
Annual or biennial testing. Drug testing is performed on employees as part of annual physical examinations or biennial physical examinations where examinations are required by state or federal laws and regulations.
Sensitive-position testing. Employees are tested randomly or at least on an annual basis if their work is classified as sensitive by [Employer] or by state or federal government contracts, laws or regulations. Employees in these positions are notified of their status and any drug testing requirements.
Post-accident testing. Employees involved in reportable accidents are tested for the use of alcohol or controlled substances as soon as possible after the reportable accident where such testing is required by state or federal laws and regulations.
Return-to-work/post-rehabilitation testing. Employees who return to work after an extended period of time away from employment with [Employer], usually six months or greater, must submit to drug and alcohol testing. Additionally, employees who have been referred to rehabilitation through [Employer]'s EAP are tested before they return to work.
DRUG AND ALCOHOL TESTING PROCEDURES
Employees and applicants are given a test kit by [Employer]'s physician, [Employer]'s Human Resources Department, or designated laboratory; they must ensure that the specimen is collected properly and transmitted to the testing company in accordance with directions on the testing kit. Proper chain-of-custody procedures also must be observed.
Drug testing is done by a lab chosen by [Employer], and [Employer] determines the controlled substances for which testing is done. If an initial drug test is positive, a confirmation test is performed on the same specimen using Gas Chromatography/Mass Spectrometry.
[Employer] can use Breathalyzers or other testing procedures to detect alcohol use or possible impairment. Positive Breathalyzer results are confirmed by a blood test at a local hospital or medical facility.
Applicants are informed of drug test results by HR. If [Employer]'s physician, HR, or a lab worker has a reasonable suspicion that applicants have tampered with specimens, applicants can't be considered any further for employment. Likewise, if test results are positive, applicants can't be considered for employment at that time and are informed of the failure to meet the required medical standards; such applicants are offered referrals for professional evaluation at their own expense.
Employees are informed of drug and alcohol test the results by HR. Employees with negative test results can return to work. A confirmed positive test for drugs and alcohol results in referral to [Employer]'s EAP for assessment, which can include suitable medical treatment and rehabilitation. Alternatively, employees with a confirmed positive test can, at their option and expense, have a second confirmation test made on the same specimen. Employees aren't allowed to submit another specimen for testing.
If employees agree to enter EAP as a result of drug and alcohol testing, HR stays in contact with the employees' physician or counselor during treatment to ensure that such employees comply with the prescribed treatment; [Employer] doesn't violate confidentiality between employees and their physicians or counselors. Such employees are placed on medical leave during their absence. Once [Employer] has been informed in writing by employees' physician or counselor that employees are again suitable for employment, employees must sign the Surveillance Agreement Form and agree to submit to random drug testing for a period of one year before being reinstated.
After signing the Surveillance Agreement Form and before returning to work, employees must test negative on the drug and alcohol test.
[Employer] recognizes drug addiction and alcoholism as treatable conditions and provides employee assistance programs (EAP) to help employees whose work performance or behavior is affected adversely by such problems.
Employees are encouraged to voluntarily seek EAP assistance before disciplinary action is taken and can be accommodated by the granting of leaves of absence; employees can contact HR or EAP directly for an assessment.
Supervisors also can refer employees to EAP based on observation and documentation of employees' deteriorating job performance or suspicious or actual behavior as outlined in [Employer]'s drug and alcohol policy; such referrals can consist of assessment through EAP and a medical assessment, including drug and alcohol testing. Employees are asked to consent to such a referral and sign an Employee Assistance Program Referral Agreement.
Employees' acceptance of and participation in EAP services, including treatment and counseling, requires [Employer] follow up through HR with EAP regarding employees' progress, completion of treatment, and any after-care procedures. [Employer] only is concerned with satisfactory completion of each phase of rehabilitation and doesn't violate any confidentiality between employees and EAP providers.
Medical benefits are provided in accordance with [Employer]'s health insurance plan. [Employer]'s health insurance covers certain expenses incurred during treatment for drug addictions and alcoholism. For more information, see [Employer]'s health insurance benefits policy.
If employees are referred to [Employer]'s EAP for testing positive for drugs or alcohol and, in the opinion of the EAP counselor, are able to continue working while undergoing therapy, employees must consent to random drug testing for a period of one year.
After completion of rehabilitation, the EAP counselor certifies to [Employer] that employees can return to work. Employees then must test negative for drugs and alcohol and consent to random testing for a period of one year.
Employee and applicant drug and alcohol test forms, testing procedures, test results, and EAP services are kept strictly confidential by [Employer]. All of this information is stored separately from other HR and personnel files and in accordance with state or federal laws and regulations. Such information only is accessible by authorized personnel and released on a need-to-know basis and as required or limited by state or federal laws and regulations.
TRAINING AND ACKNOWLEDGEMENT OF EMPLOYER'S DRUG AND ALCOHOL POLICY
When hired, employees review and receive [Employer]'s drug and alcohol policy as part of their orientation. Thereafter, employees receive annual training on the policy.
At orientation and annual training seminars, employees must sign an acknowledgement form that they have reviewed and received training on [Employer]'s drug and alcohol policy.
On projects covered by the Drug-Free Workplace Act or by state or federal government contracts, laws, or regulations, all employees are given a copy of [Employer]'s drug and alcohol policy and required to notify [Employer] of any conviction for violation of a criminal drug statute in the workplace within five days. Such employees must sign an acknowledgement form that they have received a copy of the policy.
[Employer] provides a Drug-Free Awareness Education Program for all supervisors and employees on a periodic basis.
VIOLATIONS OF EMPLOYER'S DRUG AND ALCOHOL POLICY
Employees whose use of alcohol isn't otherwise permitted while on [Employer]'s premises and worksites, at [Employer] activities, or in any [Employer] vehicle or who report for duty under the effects of alcohol are removed from the workplace, required to undergo testing, referred to EAP, and disciplined (up to termination) under [Employer]'S discipline policy. Such employees also can be subject to criminal investigation and prosecution.
Employees who possess, manufacture, distribute, store, consume, or otherwise use illegal drugs while on [Employer]'s premises and worksites, at [Employer] activities, or in any [Employer] vehicle or who report for duty under the effects of illegal drugs are removed from the workplace, required to undergo testing, referred to EAP, and disciplined (up to termination), under [Employer]'s discipline policy. Such employees also can be subject to criminal investigation and prosecution.
If employees are arrested or convicted for driving under the influence or for violation of a criminal drug statute while working for [Employer], they are expected to inform [Employer] of any such arrests or convictions by the next business day. [Employer] thoroughly investigates such circumstances. At a minimum, employees are removed from the workplace, required to seek counseling in the EAP, and can be disciplined (up to termination), under [Employer]'s discipline policy.
Employees who are selected for drug and alcohol testing and refuse to sign and date [Employer]'s Substance Abuse Testing Consent Form are referred to [Employer]'s EAP or disciplined (up to termination) under [Employer]'s discipline policy. If [Employer]'s physician, HR, or a lab worker has a reasonable suspicion that employees have tampered with specimens for drug and alcohol tests, employees can be disciplined (up to termination) under [Employer]'s discipline policy.
Employees who refuse to seek assistance or cooperate with [Employer]'s EAP after referral to the program because of testing positive for drugs or alcohol can be disciplined (up to termination), under [Employer]'s discipline policy. Likewise, employees can be disciplined (up to termination), under [Employer]'s discipline policy if they test positive for drugs or alcohol as part of random drug testing while completing therapy through EAP and working or after completing rehabilitation through EAP under [Employer]'s drug and alcohol policy .
Violations of [Employer]'s drug and alcohol policy can be considered violations of other [Employer] policies.