SAMPLE DRUG-FREE-WORKPLACE SUBSTANCE ABUSE POLICY



SAMPLE DRUG-FREE-WORKPLACE SUBSTANCE ABUSE POLICY

Purpose

It is the policy of _______________(hereinafter referred to as “Company”) that its employees be free of substance abuse and alcohol abuse. The abuse of alcohol and use of illegal drugs increases absenteeism and reduces productivity. Further, such use increases the risk of injury to fellow employees, customers, and other persons, and also increases the risk of damage to Company property or the property of other persons for which the Company may be held liable.

It is the policy of the Company that the use or possession of alcoholic beverages or illegal drugs by employees while on duty or on Company property is prohibited. Employees must not report for duty under the influence of alcoholic beverages or with sufficient amounts of illegal drugs in their system so as to give rise to a positive drug test. For purposes of this policy, the term “illegal drug” means intoxicants and narcotics, marijuana or any other controlled substance. The term “illegal drugs” does not include medication, which has been lawfully prescribed for an employee by his or her physician, presuming such use is consistent with the prescription. The use or possession of alcoholic beverages or illegal drugs in violation of this policy shall be grounds for_________________.

Pre-Employment/Post Offer Testing

All applicants to whom offers of employment are made must submit to a drug test. Pre-employment tests will be administered only after an offer of employment has been extended. Any offer of employment is contingent upon the applicant achieving a negative test result. A post offer test is performed after an applicant is hired, but before he or she starts working.

Post-Accident Testing

When an employee is involved in an accident, which requires medical attention away from the scene of the accident, the employee shall be subjected to a drug and alcohol test. When an employee is involved in an accident where property damage exceeds $______, the employee will also be subjected to drug and alcohol tests. In the event that an employee is so seriously injured that he or she cannot provide a urine/breath specimen at the time of the accident, then immediately after medical attention has been provided, a specimen will be collected and tested.

Reasonable Suspicion/”For Cause” Testing

Reasonable suspicion for requiring an employee to submit to a drug or alcohol test shall be deemed to exist when an employee manifests physical or psychological symptoms or reactions commonly attributed to the use of controlled substances or alcohol. Company supervisors will be trained in identifying characteristics of drug and alcohol abuse. The “reasonable suspicion” for requiring an employee to take a test shall be observed by at least a single supervisor and preferably two, and shall be recorded in a written form. The supervisor is responsible for securing all material and providing all documentation related to the incident. The supervisor, other Company official, or person designated by Company officials shall acCompany the employee to the collection facility.

Return-To-Duty Testing

It shall be in the sole discretion of the Company whether an employee who has tested positive on a drug or alcohol test shall remain eligible for continued employment. If the employee returns to work after completing necessary education and/or treatment for drug and/or alcohol, the employee will be subject to return-to-duty testing before returning to work. Failure to pass this test will subject the employee to immediate termination.

Follow-Up Testing

It shall be the sole discretion of the Company whether an employee who has tested positive on a drug or alcohol test shall remain eligible for continued employment. If the employee returns to work, the employee will be subject to random testing for a period of up to one (1) year as a condition of employment. Failure to pass any further drug or alcohol test will subject the employee to immediate termination.

Refusal To Test

Refusal to submit to the types of drug and alcohol tests employed by the Company will be grounds for refusal to hire an applicant and to terminate employment of existing employees. A refusal to test would include behavior, which is intended to obstruct the proper administration of a test. Unreasonable delay in providing a urine or breath specimen could be considered a refusal. In the event that an employee cannot provide a sufficient urine (within three (3) hours) or breath (within fifteen (15) minutes) specimen, the Company may direct the individual to a physician for purposes of evaluation. If the physician cannot find legitimate medical explanation for the employee’s inability to provide a specimen, either urine or breath, it will be considered a refusal to test.

Laboratory Procedures

All urine specimens collected under this policy will be submitted to a laboratory certified by the Substance Abuse and Mental Health Administration (SAMHA). (All specimens initially testing positive will be subjected to a subsequent confirmation test before reported by the laboratory as positive. All positive laboratory test results will be reported by the laboratory to the Company’s Medical Review Officer (MRO). In the event the employee wishes to contest the drug test results, the test result and the employee will be referred to the MRO).

In the event the MRO determines there is no legitimate basis for the employee objection, the test will stand as reported. In the event the MRO determines there is an explanation for the positive test result other than the use or abuse of illegal drugs or alcohol, the test result will be reported back as negative.

Retest

If an employee wishes to challenge the laboratory’s test result, the employee can request a retest of the original sample. The retest can be run by the same, or another SAMHA certified lab. Request for a retest must be made within seventy-two (72) hours after the employee is initially advised of the test result. The employee will be required to prepay to the Company the cost of the retest. In the event the retest demonstrates a result different than the original test, the employee will be reimbursed for the cost of the retest.

Confidentiality

Individual test results for applicants as well as existing employees will be kept strictly confidential. The only time test result information would be released would be in response to any administrative or judicial action initiated against the Company by the employee. The release of any drug testing results other than in the circumstances previously described would be made following written consent from the tested employee. Any individual who has submitted to drug testing in compliance with this policy is entitled to receive the results of such testing upon timely written request.

Drugs Tested

Any applicant who tests positive for the presence of any of the following substances is considered unsuitable for work and will not be hired. Additionally, existing employees who test positive for any of the following substances shall be deemed unsuitable for continued employment. Any employee who tests positive shall be immediately removed from his/her position. The Company reserves the right to expand, at any time the substances for which it will test. Those substances for which the Company will test presently include:

1) marijuana (THC)

2) cocaine metabolites

3) opiates/metabolites

4) amphetamines/methamphetamines

5) phencyclidine(PCP)

Alcohol Testing

Any applicant who tests above (insert specific BAC level) for the presence of alcohol is considered to have tested positive for alcohol and is unsuitable for work and will not be hired. Additionally, existing employees who test positive for any of the above substances shall be deemed unsuitable for continued employment. Any employee who tests positive shall be immediately removed from his/her position.

Prohibited Conduct

The following list of drug and alcohol-related conduct is illustrative of the offenses which subject an employee to discipline up to and including termination, but is not considered to be an all-inclusive list. Offenses of a similar nature will also result in disciplinary action up to and including termination.

• The use, purchase, sale, distribution or transfer of illegal drugs or substances, look-alike drugs or chemicals on Company premises.

• Abuse of legal (prescription or over-the-counter) drugs or alcohol.

• Coming to work under the influence or with sufficient amounts of illegal drugs in the employee’s system so as to give rise to a positive drug test.

• Substandard job performance due to an underlying drug or alcohol dependency problem.

• Consumption or possession of open containers of alcohol on Company property, in a Company vehicle or vehicles rented by the Company.

Disciplinary Action

Violation of this policy or failure to cooperate fully with any request to test may result in disciplinary action up to and including termination.

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