Drug Free Workplace Compliance Kit



Drug Free Workplace Policy/Procedure ManualAll the material you need to implement a comprehensive drug-free workplace program. Copyright ? Drug Free Business 1996-2020All rights reserved. Any reproduction is strictly prohibited without prior written permission. Use restricted to Drug Free Business members and private label partners only. V.19.3Sample Policy & Procedures templateSee page 19NoticeEvery employer should have a drug and alcohol policy. The responsibility to provide a safe workplace and the potential liability from negligent hiring and retention require that employers be aware of and take steps to control work-related substance abuse.The components of a drug-free workplace program, especially drug testing of employees, may raise legal issues with a risk of legal liability if conducted improperly or in violation of federal, state or local laws.This publication is designed to provide reasonably accurate and authoritative information in regard to the subject matter covered. It is furnished with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.ACKNOWLEDGMENTSDrug Free Business thanks the following individuals and organizations for their assistance. Mark A. de Bernardo, Executive Director of the Institute for a Drug-Free Workplace, Washington DC, for the corporate policy example used with his permission.John W. Fenton, former Executive Director of Drug Free Business and Director of the National Drugs Don’t Work Partnership, Alexandria, VA, for the policy implementation details and drug and alcohol testing procedures.Mark W. Berry, former President and Board member of Drug Free Business and partner in the Davis Wright Tremaine law firm, Bellevue, WA, for the D.O.T. policy and reviewing this material.Demand Reduction Section, Drug Enforcement Administration, Washington D.C. for permission to use sections of Guidelines for a Drug-Free Workplace.NotesTable of Contents TOC \o "1-2" Notice PAGEREF _Toc502324505 \h 2ACKNOWLEDGMENTS PAGEREF _Toc502324506 \h 2Notes PAGEREF _Toc502324507 \h 3Table of Contents PAGEREF _Toc502324508 \h 4Who we are... PAGEREF _Toc502324509 \h 6·Institute for a Drug-Free Workplace PAGEREF _Toc502324510 \h 6·Substance Abuse Program Administrators Association (SAPAA) PAGEREF _Toc502324511 \h 6·Drug & Alcohol Testing Industry Association (DATIA) PAGEREF _Toc502324512 \h 6·Certification Commission for Drug & Alcohol Program Professionals (CCDAPP) PAGEREF _Toc502324513 \h 6·National Drug-Free Workplace Alliance (NDFWA) PAGEREF _Toc502324514 \h 6·Employee Assistance Professionals Association (EAPA) PAGEREF _Toc502324515 \h 6·Society for Human Resource Management (SHRM) PAGEREF _Toc502324516 \h 6·Association of Washington Business (WA State Chamber of Commerce) PAGEREF _Toc502324517 \h 6What we offer PAGEREF _Toc502324518 \h 7·Training for management, supervisors and employees PAGEREF _Toc502324519 \h 7Extent of Drug Abuse in the Workplace PAGEREF _Toc502324520 \h 8Why should I bother with this? PAGEREF _Toc502324521 \h 12How can Drug Free Business help ME? PAGEREF _Toc502324522 \h 12Drug Free Business’ membership package contains everything you need PAGEREF _Toc502324523 \h 12Employee Assistance Program (EAP) Consortium PAGEREF _Toc502324524 \h 12Supervisors Training and Employee Education PAGEREF _Toc502324525 \h 13Drug and Alcohol Testing PAGEREF _Toc502324526 \h 13Drug and Alcohol Testing Services are provided at the lowest possible cost through Drug Free Business PAGEREF _Toc502324527 \h 14Ongoing Consulting Services PAGEREF _Toc502324528 \h 14How to get more information and start your program PAGEREF _Toc502324529 \h 14Timeline for implementation PAGEREF _Toc502324530 \h 15Statement on recent Marijuana Legalization Ballot Initiative – Nov 8, 2012 PAGEREF _Toc502324531 \h 17important information on policy guidance PAGEREF _Toc502324532 \h 18Sample Company Policy PAGEREF _Toc502324533 \h 19(Company Name) Drug and Alcohol Abuse Policy PAGEREF _Toc502324534 \h 19Basis for the Policy PAGEREF _Toc502324535 \h 19Drug and Alcohol Prohibitions PAGEREF _Toc502324536 \h 19Drug and Alcohol Testing PAGEREF _Toc502324537 \h 19New Hires PAGEREF _Toc502324538 \h 20Notification of Criminal Convictions PAGEREF _Toc502324539 \h 20Searches PAGEREF _Toc502324540 \h 20Employee Assistance PAGEREF _Toc502324541 \h 20General Responsibility and Applicability PAGEREF _Toc502324542 \h 21Discipline PAGEREF _Toc502324543 \h 21Confidentiality PAGEREF _Toc502324544 \h 21Effective Date PAGEREF _Toc502324545 \h 21Reservation of Rights PAGEREF _Toc502324546 \h 22Sample Procedures or Supervisor’s Manual PAGEREF _Toc502324547 \h 23(Company Name) Procedures Manual and Implementation Details Drug & Alcohol Abuse Policy PAGEREF _Toc502324548 \h 23Implementation Details PAGEREF _Toc502324549 \h 23Types of testing required: PAGEREF _Toc502324550 \h 25Employee Protections PAGEREF _Toc502324551 \h 27Reasonable Suspicion or Post-Accident Testing Documentation Form PAGEREF _Toc502324552 \h 27Procedures for Administering the Tests PAGEREF _Toc502324553 \h 28Disciplinary Actions PAGEREF _Toc502324554 \h 28Confidentiality PAGEREF _Toc502324555 \h 29Communication of the Alcohol/Drug Testing Policy PAGEREF _Toc502324556 \h 30Reasonable Suspicion or post-accident testing documentation form (Company Name) - Exhibit A PAGEREF _Toc502324557 \h 31Last Chance Agreement - Exhibit B PAGEREF _Toc502324558 \h 32Sample employee notification letter - Exhibit C PAGEREF _Toc502324559 \h 33Dilute specimens – low creatinine levels – Exhibit E PAGEREF _Toc502324560 \h 34How the Drug Free Business Employee Assistance Program Works PAGEREF _Toc502324561 \h 35Employee Assistance Program (EAP) Consortium PAGEREF _Toc502324562 \h 35What is an EAP? PAGEREF _Toc502324563 \h 35The core activities of an EAP are: PAGEREF _Toc502324564 \h 35Benefits PAGEREF _Toc502324565 \h 36Relation to drug testing PAGEREF _Toc502324566 \h 36Self-Referral PAGEREF _Toc502324567 \h 36Who pays for this EAP? PAGEREF _Toc502324568 \h 37What about the small business? PAGEREF _Toc502324569 \h 37How can I get started? PAGEREF _Toc502324570 \h 37Selecting an EAP PAGEREF _Toc502324571 \h 37if you employ commercial drivers (CDL) PAGEREF _Toc502324572 \h 37EAP ORIENTATION form letter PAGEREF _Toc502324573 \h 39Drug Free Business Employee Assistance Program Consortium PAGEREF _Toc502324574 \h 40A.What is an EAP? PAGEREF _Toc502324575 \h 40B.Who are we? PAGEREF _Toc502324576 \h 40B.What kind of problems does the EAP deal with? PAGEREF _Toc502324577 \h 40C.How does the EAP work? PAGEREF _Toc502324578 \h 40D.What happens when I call? PAGEREF _Toc502324579 \h 41Information about Drug Free Business Drug Testing services PAGEREF _Toc502324580 \h 42Drug Testing PAGEREF _Toc502324581 \h 42Collection of Specimens PAGEREF _Toc502324582 \h 42Medical Review Officer PAGEREF _Toc502324583 \h 43Random Selection Service PAGEREF _Toc502324584 \h 43Turnaround Time PAGEREF _Toc502324585 \h 43Reporting Procedures PAGEREF _Toc502324586 \h 43Additional Services Included PAGEREF _Toc502324587 \h 43Member Prices PAGEREF _Toc502324588 \h 44How to Sign Up for Drug Free Business Drug Testing Services PAGEREF _Toc502324589 \h 44Supervisor Training and Employee Education PAGEREF _Toc502324590 \h 45Purpose of Supervisor training: PAGEREF _Toc502324591 \h 45How do I get my supervisors trained? PAGEREF _Toc502324592 \h 45Employee Education PAGEREF _Toc502324593 \h 45Policy guidance endnotES PAGEREF _Toc502324594 \h 46Who we are...Drug Free Business is a non-profit 501(c)(3) corporation formed in 1988 to assist employers, regardless of size, start and maintain effective drug-free workplace programs. This results in a safe workplace, increased productivity, lower benefit costs and improved profits as a result of the elimination of substance abuse in the workplace. We have over 3,000 active member companies. Many employer associations recommend us to their members for assistance in starting drug-free workplace programs. Over 5,000 employers have attended one or more of our workshops on creating drug-free workplaces. Our Employee Assistance Program (EAP) Consortium has over 16,200 employees from over 350 companies.For six years, Drug Free Business has been chosen by the State of Washington, Division of Alcohol and Substance Abuse, to provide technical assistance to employers starting drug-free workplace programs.Drug Free Business proposed and was the author of state legislation that gave Washington State employers a 5% discount on workers’ compensation insurance premiums as an incentive to provide drug-free workplaces. Drug Free Business is the only third-party-administrator in Washington State that has Certified Substance Abuse Program Administrators (CSAPA) on board – and we have three and a CDAPA Motor Carrier specialist.Drug Free Business maintains active membership in the following professional organizations:Institute for a Drug-Free WorkplaceSubstance Abuse Program Administrators Association (SAPAA)Drug & Alcohol Testing Industry Association (DATIA) Certification Commission for Drug & Alcohol Program Professionals (CCDAPP)National Drug-Free Workplace Alliance (NDFWA)Employee Assistance Professionals Association (EAPA)Society for Human Resource Management (SHRM)Association of Washington Business (WA State Chamber of Commerce)What we offerTraining for managers, supervisors and employeesPolicy review and consultingEmployee Assistance Program (EAP) ConsortiumDrug Testing Services — nationwideThousands of collection sites — nationwideRandom selection services for multiple selection pools – no extra chargeD.O.T. mandated policies and supervisor training Customized computer-based training software Background screening servicesExtent of Drug Abuse in the WorkplaceThe abuse of drugs and alcohol is widespread in our society and affects us all in many ways. It contributes to crime and to the costs of our already overburdened health care system and financially strapped social welfare system.The problem of drug and alcohol abuse remains a serious issue. We need to address the drug abuse issue in all segments of our communities, especially the workplace. The workplace is probably the only consistent arena where we have our adult population as a captive audience and can influence their attitudes about drugs and alcohol, provide information and resources to help them and their family members, and intervene on behalf of those in need of helpQuest Diagnostics Drug Testing Index?Workforce Drug Testing Positivity Climbed to Highest Rate in 16 Years, New Quest Diagnostics Drug Testing Index? Analysis FindsMarijuana positivity climbed by double digits across nearly all employee testing categories, while opiate and heroin positivity declineAnalysis of more than nine million workplace drug test results showed cocaine and methamphetamine positivity surges in MidwestThe rate of workforce drug positivity hit a sixteen-year high in 2019, according to a new analysis released today by Quest Diagnostics, the world's leading provider of diagnostic information services. Positivity rates in the combined U.S. workforce increased in urine drug tests, climbing to the highest level since 2003 (4.5%) and more than 28% percent higher than the thirty-year low of 3.5 percent recorded between 2010 and 2012.?In addition to overall increases in workforce drug positives, specific regions of the United States, particularly the Midwest, experienced dramatic increases in positivity for cocaine and methamphetamine as well as marijuana.?The new findings of the Quest Diagnostics Drug Testing Index?, which include an analysis of industry-specific data, were unveiled at the?Substance Abuse Program Administrators Association (SAPAA) virtual conference?taking place on August 25, 2020.For an interactive map with positivity rates and trend lines by three-digit zip code in the United States, visit?.??The Quest Diagnostics findings generally align with other research. Drug deaths in the United States rose 5 percent in 2019, driven largely by methamphetamine, cocaine and fentanyl, following a decline in 2018. During the first few months of 2020, drug deaths increased about 13 percent compared with last year, attributable partly to social isolation and other disruptions caused by COVID-19.??Marijuana?continues to top the list of the most commonly detected illicit substances across all workforce categories (general U.S. workforce; federally mandated, safety-sensitive workforce; and combined U.S. workforce, which includes the prior two populations) and specimen types (urine, oral fluid, and hair).?In the general U.S. workforce, marijuana positivity increased nearly 11 percent in urine testing (2.8% in 2018 versus 3.1% in 2019) and 29 percent since 2015 (2.4%). In the Midwest, marijuana positivity outpaced national increases in positivity in 2018 and 2019. Marijuana positivity increased in the Midwest by nearly 14 percent (2.9% in 2018 versus 3.3% in 2019). The West region also outpaced national positivity and saw double digit increases, as compared to the previous year, in 2017 through 2019. Marijuana positivity increased in the West by 24 percent (3.3% in 2018 versus 4.1% in 2019) and 78 percent since 2015 (2.3%).?“Marijuana continues to be an enduring presence in the U.S. workforce. Changing attitudes toward its use could pose heightened risks especially in safety-sensitive positions and those states exploring legalization,” said Dr. Sample.?Workforce positivity increases significantly in multiple industriesThe Quest Diagnostics Drug Testing Index Industry Insights of general U.S. workforce positivity rates, based on more than 18 million urine drug test results (between 2015 and 2019), shows year-over-year increases in overall workplace drug positivity in 15 of the 17 sectors reported. The Retail Trade industry had the highest overall positivity rate (4.7% in 2015, 5.1% in 2016, 5.3% in 2017, 5.4% in 2018 and 5.5% in 2019) across all five years of the analysis.? The Other Services (not including Public Administration) category, which includes services not listed in the other categories such as grantmaking, advocacy, and providing personal services, also had a 5.5% positivity rate in 2019.? The Accommodations and Food Service category had the highest workforce positivity for marijuana, at 4.8%, a relative increase of 65 percent over five years (2.9% in 2015 versus 4.8% in 2019).??? Source: Quest Drug Testing Indext tm Aug 25, 2020 Why should I bother with this?A drug-free workplace will reduce the impact of substance abuse at your business: Increases productivity Decreases accidents Decreases turnover Decreases absenteeism Decreases health care costs Decreases employee theft Decreases workplace violence Increases employee morale Decreases liability risk Decreases insurance costsA drug-free workplace program reduces workers’ compensation costs: Fewer accidents Fewer lost workdays Lower claims Fewer fraudulent or exaggerated claims Heightens managers’, supervisors’ ?and employees’ safety awareness Some insurance programs offer a discount for putting in a comprehensive programHow can Drug Free Business help ME?Drug Free Business’ membership package contains everything you needIt includes policy, procedures, forms, and sample letters.Follow the step-by-step instructions.Policy package includes Department of Transportation (DOT) mandated rules, which are needed if you employ anyone required to possess a Commercial Driver’s License (CDL). Call Drug Free Business to set up your random selection pool and to receive supplemental material.Employee Assistance Program (EAP) ConsortiumDrug Free Business provides you with a full-service, broad-brush professional EAP through Fully Effective Employees, with over 44 years’ experience serving employers.Unlimited use at no cost to employees and families; 24-hour access from anywhere in U.S. through a 1-800 number.Rapid intervention helps solve problems quickly and inexpensively before they become overwhelming.Consultation for supervisors and managers. We train supervisors to recognize and resolve job performance problems. Since a majority of job problems are caused by alcohol and drug issues, this is an effective tool in early resolution.Critical incident debriefings and other services are included.See page PAGEREF _Ref361997252 \# "35" 35 for more information on how the Drug Free Business Employee Assistance Program Consortium works.Supervisors Training and Employee EducationSupervisors training and employee orientation programs are furnished by Drug Free Business and Fully Effective Employees.The Department of Transportation mandates an additional two hours training for supervisors of commercial drivers (CDL). These sessions are held quarterly by Drug Free Business.Drug and alcohol educational publications, videos and posters are also available through Drug Free Business.See page 45 for more information on Supervisor Training and Employee Education.Drug and Alcohol TestingPre-employment*Post-accident*Return-to-work and follow-upReasonable suspicion*RandomOther programs to fit your specific needs. See page 42 for additional information on Drug Free Business drug and alcohol testing.* Recommended for all companies at a minimumDrug and Alcohol Testing Services are provided at the lowest possible cost through Drug Free BusinessAll drug testing packages includes collection by certified collectors, shipping, SAMHSA certified laboratory analysis, Medical Review Officer (MRO) services, online reporting and record-keepingDepartment of Transportation (DOT) drug testing package includes collection, laboratory analysis, MRO services and all required DOT reports including assistance with auditsRandom selection service for all programs at no additional charge Convenient collection sites (7,000 nationally), and 24-hour sites for emergency post-accident and reasonable suspicion testing. Mobile app for members to locate collection sitesOn-site collection service is also available in most areasSAMHSA and/or CAP/FUDT certified laboratories through LabCorp, Quest, CRL, Legacy MetroLab, Sterling, and Alere/Abbot. Medical Review Officer (MRO) services included with all drug tests - our three in-house M.D.s are Board Certified MROsConfidential reporting and record-keeping – encrypted records available to you 24/7.Alcohol testing (EBT) or Alcohol Screening (ASD) is also available at most collection sitesCall for the location of the closest collection site and pricing detailsOngoing Consulting ServicesWe realize that you may need additional help in setting up your program or dealing with unusual situations. We are always available to help with recommendations.Use Drug Free Business as a resource and consultant throughout your implementation process and after your program is in place.How to get more information and start your programEverything you need to start your drug-free workplace program is included in this package. Call Drug Free Business, 425-488-9755 if you have any questions or need additional help.Timeline for implementationStep 1Review this material. Make a management commitment to have a drug-free workplace.Step 2Begin developing your policy/procedures using samples provided. Consult with Drug Free Business for recommendations.Step 3Notify your employees that a policy is in development. If applicable, collectively bargain with your union representatives or employee association regarding your drug prevention policy and drug testing. Request their cooperation and support. Note: If you employ union workers, drug testing is a mandatory subject of collective bargaining.Step 4Call us (425-488-9755) to initiate Drug Testing Services and Employee Assistance Program (EAP) Consortium services through Drug Free Business.Drug Free Business Drug Testing ServicesYou will receive a letter from Drug Free Business within a few days to designate a drug/alcohol testing collection site(s) convenient to your location and/or where your employees live or work. If you choose, or are required to do random testing, Drug Free Business will set up a random selection service at this time.Drug Free Business will send you a supply of Drug Testing Custody and Control Forms (requisition forms) with your company name and account number pre-printed.You should visit the collection site(s) to be familiar with procedures, operating hours, location, etc.You are billed by Drug Free Business itemized statement only for drug/alcohol tests performed.Optional: Drug Free Business Employee Assistance Program Consortium (Fully Effective Employees)You will receive an annual invoice from Drug Free Business for EAP services. Employees will receive wallet cards with 1-800 number, brochures, information on substance abuse and how to access services, etc.Call Drug Free Business to schedule your managers and/or supervisors for training. Free Supervisors’ Training sessions (2 hours) are held at least once each quarter by using live online webinars. To get updates on these training events, visit our website at . On-site supervisors training may be scheduled for an additional fee, call Drug Free Business for details.Step 5Finalize your written policy. Some of your employees may be subject to the Department of Transportation mandated drug and alcohol testing regulations, e.g. commercial drivers. Please contact Drug Free Business for a special attachment to the company policy and/or additional assistance.Because substance abuse prevention and drug/alcohol testing programs involve the risk of legal liability when conducted improperly or in violation of laws, employers are advised to consult with legal counsel as necessary and appropriate.Step 6Notify your employees of the implementation of your Drug-Free Workplace Program. Deliver notification letter (with policy and procedure attached) to each employee. Exhibit C.Obtain signed receipt (attached to the last page of policy/procedures; see page PAGEREF _Ref498849439 \h 18 for example) for policy/procedures from each employee and applicant. Retain these receipts in personnel files.Publicize your program through newsletters, posters, paycheck inserts, etc. Post “We are a Drug-Free Workplace...drug testing is a condition of employment.” signs.Step 7Start pre-employment drug testing of applicants, after an offer of employment is made.Step 8Test current employees per policy. If your current employees were previously not subject to drug testing, allow 30-60 days after notification before testing any current employees.Step 9Drug Free Business remains available for your entire program needs. Use us as a resource and consultant throughout your implementation process and after your program is in place. Statement on recent Marijuana Legalization Ballot Initiative – Nov 8, 2012Colorado and Washington state voters recently passed historic measures to legalize marijuana for recreational use by adults.By approving Amendment 64, Colorado became the first state to end marijuana prohibition in the United States. Amendment 64 was passed with a 53 to 47 percent margin. The ramifications will be closely watched throughout the country as federal law remains unchanged defining marijuana as an illegal drug.Meanwhile, Washington state voters passed Initiative 502 which regulates and taxes sales of small amounts of marijuana for adults. Under the soon-to-be implemented Washington state law, adults in the state may now possess up to an ounce of marijuana, 16 ounces of marijuana products and 72 ounces of liquid infused marijuana products. The initiative passed with a 55 to 45 percent margin.Because of the obvious conflict between the federal Controlled Substance Abuse Act and the new Washington and Colorado laws, we can expect more developments shortly as these newly authorized state-regulated marijuana markets begin to take shape. Although the Administration (e.g., the Attorney General, etc.) remained silent on the marijuana-legalization initiative throughout the election cycle, it has opposed legalization in the past.How does this affect employers? Neither initiative changes the ability of employers to maintain their current employment policies, nor does it prevent them from creating whatever policies they see fit. If employers do not currently allow off-site marijuana use by employees, they can continue to prohibit it. Neither requires employers to accommodate the use of marijuana by their employees. A recent Washington State Supreme Court decision, Roe v. Teletech, clearly stated that Washington State employers didn’t even have to accommodate workers with a doctor’s authorization to use marijuana under Washington’s Medical Use of Marijuana Act (MUMA).Does this affect your current drug testing policy? No. The drug testing that your company and millions of employers around the world have been doing for decades was never based on the assumption that the user was doing something illegal under criminal law – instead, it has always been based on SAFETY and the efficiency of your workforce. No one who has failed a drug test has been reported to the police or charged criminally. Nothing changes after Amendment 64 or I-502 as far as workplace drug testing.Please note that Nevada and New York City have recent laws that may affect pre-employment drug testing for marijuana. You may contact DFB for more information.Here are some additional reasons why you should continue prohibiting the use of marijuana and continue drug testing for marijuana (THC):1. If you are subject to the federal drug testing requirements – nothing has changed. The Dept. of Transportation, Department of Defense, Department of Energy drug testing programs still require that you prohibit the use of marijuana and continue to test for marijuana.2. If you have or want to be eligible to receive federal contracts or grants, the Drug‐Free Workplace Act of 1988 still applies to you – and this includes most state and local government agencies, school districts, etc. This Act requires that your written policy must prohibit ALL illicit drug use as defined by the federal Controlled Substance Act. There is no exception for “medical marijuana” or any other marijuana use. The Drug‐Free Schools and Communities Act of 1989, declares that colleges or schools that allow illegal drugs on campus face the possibility of losing federal funding. Many different states have similar laws that will apply to you if you want to work or do business in those states.3. Smoking pot doubles the risk of serious crashes. “Cannabis consumption – Motor Vehicle Collision Risk”4. Because you are concerned about liability and risk management, you are probably aware of various courts and Supreme Court decisions that say an “employer can be held liable in such cases if it failed a duty to prevent foreseeable injury”. So, since everyone knows that marijuana use can severely impair, if you allow these people to work at your company or on your job sites, expect to be held responsible for injuries, accidents, and deaths that they cause – basically it is the same logic as to why you don’t let someone work under the influence of alcohol, even though alcohol is a legal drug.important information on policy guidanceThe endnotes for the following sample policy are found on page PAGEREF _Ref362347219 46 and provide additional guidance on certain areas of the policy and provisions that may be optional. It is important that you review each of these items and determine if inclusion is appropriate for your company or particular situation. If you have any questions, or need additional guidance, do not hesitate to call Drug Free Business.Sample Company Policy(Company Name)Drug and Alcohol Abuse PolicyBasis for the Policy(Company Name) is committed to protecting the safety, health, and well-being of its employees and all people who come into contact with its workplace(s) and property, and/or use its products and services.Recognizing that drug and alcohol abuse pose a direct and significant threat to this goal and to the goal of a productive and efficient working environment in which all employees have an opportunity to reach their full potential, (Company Name) is committed to assuring a drug-free working environment for all of its employees. The ability to operate in a constant state of alertness, and safe manner is an essential job duty.Drug and Alcohol Prohibitions(Company Name) therefore strictly prohibits the use, purchase, possession, sale, conveyance, distribution, or manufacture of illegal drugs, intoxicants, or controlled substances in any amount or in any manner, including having a detectable presence of these drugs in the body systems.In addition, (Company Name) strictly prohibits the use or being under any influence of alcohol during working hours.Prescription or nonprescription medications are not prohibited when taken in accordance with a lawful prescription or consistent with standard dosage recommendations. Prescription medication means a drug or medication lawfully prescribed, under both federal and state law, by a physician, or other health care provider licensed to prescribe medication, for an individual and taken in accordance with the prescription. For purposes of this policy, (Company Name) does not consider any use of cannabis – even use that may be authorized and/or decriminalized under state or local law (including “medicinal use”) – to be a “legitimate or authorized medical reason” explaining a positive drug test result for marijuana. Nevertheless, in cases where an employee or candidate has a disability or handicap under the ADA or similar state/local disability statutes and requests a waiver of this rule as a reasonable accommodation, the Company will engage with the individual in an interactive process to assess such a request and determine if such an accommodation is reasonable and/or would impose an undue burden or hardship on the Company. The claimed use of CBD or CBD oil shall not be considered a medical excuse for a positive marijuana test.Employees in safety-sensitive jobs are responsible for notifying their supervisors when prescribed medications may interfere with their ability to do their jobs safely.Drug and Alcohol Testing(Company Name) asserts its legal right and prerogative to test any employee for substance abuse. Employees may be asked to submit to a medical examination and/or to submit to urine, saliva, and/or breath testing for drugs or alcohol. Employee acceptance of medical examinations and testing, when requested by (Company Name), is a mandatory condition of employment. Refusal to submit to such medical examinations and tests constitutes a violation of Company policy and is grounds for adverse employment action.New HiresAll new hires—and re-hires of regular full-time or part-time employees—will acknowledge receipt of (Company Name)’s policy during the application process and are required to submit to a pre-employment drug test. Failure to pass this drug test shall result in denial of employment. Notification of Criminal ConvictionsAny employee convicted of a violation of a criminal drug statute that is workplace-related must notify (Company Name) in writing within five calendar days of the conviction. [This provision is required for most federal contractors and most recipients of federal grants under the Drug-Free Workplace Act of 1988.]SearchesWhen (Company Name) has any reason to believe that an employee is violating any aspect of this policy, he or she may be asked by (Company Name) to submit immediately to a search or inspection at any time (including during breaks and the lunch period) while on Company premises or in Company property.This includes a search of an employee’s person and/or the requirement that the employee makes his or her locker, lunch box, briefcase, purse, pockets, wallet, personal belongings, desk, workstation, vehicles or any other property he or she uses, or has access to, available for inspection.Entry on to Company premises constitutes consent to search and inspections.An employee’s refusal to consent to a search or inspection when requested by (Company Name) constitutes a violation of Company policy and is grounds for adverse employment action.Employee Assistance(Company Name) urges individuals with substance abuse problems to seek help, and (Company Name) is committed to providing assistance in this regard. (Company Name) considers drug addiction and alcoholism to be treatable diseases.The goal of (Company Name)’s policy on Employee Drug and Alcohol Abuse is not only deterrence; it also is detection and treatment. (Company Name) therefore makes available to all employees a confidential employee assistance program (EAP) whose ultimate goal is rehabilitation. This program is available at no cost to employees and their dependents, and includes initial assessment, referral, and counseling.The EAP includes family support, counseling, and re-enforcement, all of which can be critical to the successful rehabilitation of a substance abuser. Any subsequent treatment after referral from (Company Name)’s EAP program to an outside treatment provider may be covered under the employee’s health care coverage. The costs of continuing or long-term rehabilitation services, whether covered by the employee’s medical plan or not, are the ultimate responsibility of the employee.General Responsibility and ApplicabilitySubstance abuse prevention is everyone’s responsibility. (Company Name) expects all of its employees to recognize and accept this responsibility, and to do their part in assuring that, working together, we can achieve and maintain a drug-free working environment for all (Company Name) employees. This policy applies equally to all (Company Name) personnel, no matter what position or employment status, including all management employees, contract employees, and part-time employees—without exception.DisciplineAny violation of this policy shall result in adverse employment action up to and including dismissal and referral for criminal prosecution. An employee will not be terminated solely for a first-time verified positive drug or alcohol test, but will be given the opportunity for job retention through a last chance agreement. However, nothing in this policy prohibits an employee from being terminated for reasons other than the positive test result. Employees may be disciplined for failure to report an injury in the workplace.ConfidentialityAll information received by the employer through a drug/alcohol testing program is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws.Effective Date(Company Name)’s Employee Drug and Alcohol Abuse Policy is effective immediately. Pre-employment drug testing of applicants will begin immediately. Any drug testing of current employees will not commence until 60 days after the publication date of this policy. Current employees with substance abuse problems are encouraged to obtain help through the Employee Assistance Program before the testing program takes effect.Reservation of Rights(Company Name) reserves the right to interpret, change, or rescind the Employee Drug and Alcohol Abuse Policy, or any part of it, with or without notice, subject to state and federal laws and relevant collective bargaining agreements.The Employee Drug and Alcohol Abuse Policy does not create a binding employment contract or modify an existing contract. (Please sign below, detach and return)Certificate of Receipt — (company name) Drug and Alcohol Abuse PolicyI have read, understand, and am in receipt of a copy of (Company Name)’s Drug and Alcohol Abuse Policy. Employee’s Printed Name and Signature:Date:If an employee is a minor, a parent or legal guardian must also sign this form.(end of company policy) Sample Procedures or Supervisor’s Manual (The following sections may be used as, or incorporated into an existing, procedures or supervisor’s manual. Some employers may decide to add these sections to the actual policy. In any case, employers should post copies or otherwise make the following information readily available for all employees.)(Company Name)Procedures Manual and Implementation DetailsDrug & Alcohol Abuse PolicyImplementation Details (Company Name) values its employees and recognizes the need for a balanced approach to achieving an alcohol and drug-free workplace. (Company Name)’s comprehensive program includes the following components.Employee Education. (Company Name) will provide alcohol and drug awareness information for all employees. This will include (Company Name)’s policy on alcohol and drug abuse, dangers of alcohol and drug abuse and the availability of treatment and counseling (through the Employee Assistance Program).Supervisory Training. (Company Name) will provide a supervisory training program to assist supervisors to recognize the employees with possible alcohol or drug problems through the observation of specific performance or behavior criteria and referring these employees for assistance. Supervisor training is not intended to train supervisors to be alcohol or drug abuse experts or counselors. Supervisors are not required to undertake any action beyond their normal supervisory responsibilities.Rehabilitation / Employee Assistance Program (EAP). (Company Name) recognizes that alcohol and drug addiction can be successfully treated and is willing to help employees who suffer from these problems while holding them responsible for their own recovery. (Company Name) maintains an Employee Assistance Program (EAP) through which employees and their dependents can have access to professional services to aid them with their alcohol or drug problem. Employees who need help with these problems are encouraged to use these resources before the problem affects their job performance or employment status. The EAP for employees seeking assistance for alcohol or drug problems will be administered as follows:a. All alcohol or drug inpatient and outpatient treatment programs paid through (Company Name)’s health care plan should be accessed through the EAP.b. Employees seeking help on their own or who are referred to the EAP by their supervisor [or union] will be provided assistance on a confidential basis without jeopardizing their employment status.c. Employees who are required to use the EAP due to a positive drug or alcohol test or for violating a company rule associated with drugs or alcohol must sign a last chance agreement and will be offered a treatment opportunity. They must authorize the EAP to receive all relevant information regarding progress in any rehabilitation program and agree to follow-up drug testing for a period of two years as a condition of employment. Failure to successfully complete the prescribed course of rehabilitation, including all follow-up counseling and drug testing, will normally result in termination of employment.Drug and Alcohol Testing. The purpose of drug and alcohol testing is to prevent the hiring of individuals who use illegal drugs, deter employees from abusing drugs or alcohol, and provide early identification and referral to treatment of employees with drug or alcohol abuse problems. (Company Name) will follow the collection and drug testing guidelines issued by the Department of Health and Human Services. Alcohol testing will be conducted using breath-testing instruments and procedures approved by the U.S. Department of Transportation. The following employee protections will be incorporated to ensure the accuracy and integrity of the drug testing program:Only Substance Abuse and Mental Health Services Administration (SAMHSA) and/or College of American Pathologists/Forensic Urine Drug Testing (CAP/FUDT) certified drug testing laboratories will be used.A strict chain of custody will be used to ensure the integrity of each urine specimen.The process will ensure individual privacy during the collection process and confidentiality of test results.All “positive” drug screens will be confirmed by a second test using the gas chromatography/mass spectrometry method or an equivalent approved method.All confirmed positive test results will receive a professional medical review that includes offering the employee the opportunity to explain or contest the result. Employees who test positive for the first time for drugs or alcohol may be offered the opportunity for treatment through the use of a last chance agreement, except where independent grounds for termination of employment exist.The refusal of an employee to take a drug or alcohol test will be considered by (Company Name) to be equivalent to a confirmed “positive” test and therefore subjects the employee to the same adverse employment actions up to and including termination of employment. Adulterated and/or dilute specimens. A specimen determined by the laboratory to be “Adulterated” or “Dilute Positive”, will also be treated the same as a positive test. In the event a specimen is “Dilute Negative”, the company will instruct the individual to avoid drinking excessive amounts of liquids for 8 hours before a retest the individual. (Optional) [If a second pre-employment test specimen is also “Dilute Negative” (after being warned to avoid excessive fluids), the company may decide to deny employment in the absence of a valid medical explanation.] (For additional information see Appendix E: Dilute Specimen - Low Creatinine Levels.Types of testing required:1.Pre-employment Testing. Testing conducted to prevent hiring individuals who illegally use drugs. a.Applicants are required to submit to a drug test after receiving an offer of employment.b.(Company Name) may use a refusal to submit to a drug test or a verified positive test as a basis for not hiring.c.(Company Name) will not discriminate against applicants because of past drug abuse. It is the current use of drugs that will not be tolerated.d.Applicants denied employment for a positive drug test can initiate another inquiry with (Company Name) after 6 months.e.Passing a drug test is a condition of employment. Although it is not recommended, there may be emergency situations that require an applicant to start work before the company receives the drug test results. In this case, the applicant should acknowledge that continued employment is conditional on negative test results.2.Reasonable Suspicion Testing. Testing based on evidence that an employee is using drugs or alcohol in violation of (Company Name)’s policy drawn from specific, objective and certifiable facts and reasonable inferences drawn from these facts in light of experience. Among other things, such facts and inferences may be based upon:a.An employee showing signs of impairment such as difficulty in maintaining balance, slurred speech or otherwise appearing unable to perform assigned work in a safe and satisfactory manner.b.Abnormal conduct or erratic behavior while at work or a significant deterioration of work performance.c. A report of alcohol or other drug use provided by a reliable and credible source, which has been independently corroborated.d. Arrest or conviction for a drug or alcohol-related offense, or the identification of an employee as the focus of a criminal investigation into unauthorized drug possession, use or trafficking. A Reasonable Suspicion or Post-Accident Testing Documentation Form (Exhibit A) must be used to document the rationale for the test.3. Post-Accident Testing. Alcohol and/or drug testing conducted when an employee(s) is involved in an on-the-job accident or engages in unsafe job-related activity that poses a danger to himself/herself or fellow employees. Post-accident testing should be initiated in the following circumstances:a.There was an accident that resulted in:1.A death of an employee or2.An injury to an employee requiring off-site medical attention or3.Property damage estimated to exceed $2,000 4.Eight or more hours of lost time.b.There was a violation of a safety rule or standard that exposes the employee, other employees or the public to:1.Possible death or2.Serious bodily injury or3.Significant property damage.The company will investigate each workplace injury that results in off-site medical attention and require an employee to submit to drug and alcohol tests if the company reasonably believes the action or inaction of those involved may have contributed to the accident/injury, or drug/alcohol use could not be completely discounted as a contributing factor.No alcohol or drug specimen should ever be taken before the administration of necessary first-aid and/or other appropriate medical care.All employees involved in the accident or safety rule violation should be tested if drug/alcohol use could not be completely discounted as a contributing factor.Submitting to a drug test is not ever meant to be a punishment for reporting an injury, it is meant to make sure the workplace stays safe for all employees, including the worker who is injured.The Reasonable Suspicion or Post-Accident Testing Documentation Form (Exhibit A) should be used to document the rationale for the test.4.Follow-up Testing. All employees who enter an alcohol or drug abuse rehabilitation program through the EAP, as a result of being identified as an abuser by a drug test or alcohol or drug incident and receive a last chance memorandum (Exhibit B) will be subject to unannounced testing for a period of up to two years. This type of testing is an effective tool in helping recovering employees maintain their sobriety while holding them responsible for their own recovery.If the EAP determines that the employee does not require inpatient or outpatient treatment they will still be required to participate in follow-up testing.The frequency of testing will be at least four times a year for a two-year period and advance notice of the testing date may not be given.Employees who fail or refuse a follow-up test will normally be terminated.Employees who voluntarily enter treatment are not subject to (Company Name)’s follow-up testing program, but are subject to any follow-up testing that the treatment agency requires or recommends.5. Random Testing. Testing conducted without individualized suspicion that any particular individual is in violation of the company’s substance abuse policy. Selection is made by neutral criteria (computer) so that all employees eligible for testing have an equal opportunity of being tested.A designated employee shall receive the confidential computer-generated list on a quarterly or monthly basis. Because our work often involves deadlines, complicated scheduling, vacation scheduling, and/or remote job sites, management is given the flexibility to choose which day during the selection period to notify the selected employee.All selections must be unanticipated and unannounced. Once notified, the selected employee should go immediately to the collection site.Employee ProtectionsThe following employee protections are incorporated to ensure the integrity and accuracy of the drug testing program:Employees are given advance warning that a drug testing program will be implemented.Chain of custody procedures are used to account for the integrity of each urine specimen by tracking its handling and storage from point of collection to final disposition.Drug tests are conducted by laboratories certified by the Substance Abuse and Mental Health Services Administration and/or CAP/FUDT using the most accurate and reliable testing methodologies. Both initial and confirmation tests must be positive (above government established threshold detection level) before the laboratory can report the result as a confirmed positive test.All verified positive results receive an independent, professional medical review (Medical Review Officer) that includes offering the employee the opportunity to provide information to explain the test result or to have the original sample re-tested (at the employee’s expense) at a different certified drug testing laboratory.Alcohol testing will normally be conducted using a breath device approved by the National Highway Traffic Safety Administration. Alcohol testing should be conducted as closely as possible in accordance with DOT regulations.Normally, rehabilitation is offered to employees who test positive for the first time, except where independent grounds for termination of employment exist.Reasonable Suspicion or Post-Accident Testing Documentation FormThe form used to request reasonable suspicion or post-accident testing is the Reasonable Suspicion or Post-Accident Testing Form (Exhibit A). It is used to document the rationale for testing, including observed facts and circumstances, any sources of information, date and time of observation or accident, witnesses, actions taken, etc. A request for testing can be initiated by any manager or supervisor or safety or security representative. The concurrence of another manager or supervisor or a representative of Safety, Security or Human Resources is advised, if feasible.One of the two individuals signing this form must be a manager or supervisor.It is not necessary for the countersigner to have witnessed the incident.This form is not needed for pre-employment, random (if authorized), and follow-up testing. Instead, a manager will check the appropriate boxes on the Drug/Alcohol Testing Referral Form Exhibit D.Procedures for Administering the TestsThe collection for drug testing is scheduled and administered in the following manner:An authorized supervisor/manager of (Company Name):Informs the employee that he/she is going to be tested and the basis for the test, e.g., post-accident, reasonable suspicion, pletes (Company Name)’s Reasonable Suspicion or Post-Accident Testing Documentation Form (Exhibit A) for reasonable suspicion or post-accident tests. (Do not delay first aid and/or other appropriate medical care if needed).Calls the drug testing collection site and informs them that you are bringing or sending in an employee for testing.Arranges for transportation to the collection site.Never allow an employee to drive for post-accident or reasonable suspicion testing.Applicants and employees being tested randomly or for follow-up testing can be given the place and time of collection, and provide their own transportation to the collection site. You should minimize the time between notification and collection.Always arrange for a ride home when an employee is suspected of being under any influence of alcohol or drugs.The employee (applicant) is required to:Present state or federally issued photo identification to the collector (e.g. driver’s license, passport, etc.).Sign the laboratory consent and chain-of-custody (control) forms.Disciplinary Actions1. An employee’s refusal to take the following actions when required is considered insubordination and results in disciplinary action up to and including termination of employment for failure to follow a safety policy:Take a drug or alcohol test.Appear for testing (without an excused absence).Accept the EAP recommendations when required to use the EAP, due to a positive drug test, or violating a company rule pertaining to drugs or ply with the conditions of a last chance agreement.2. First Verified Positive Test:As soon as possible, but within five working days after receipt of a verified positive test result the employee will be notified of the positive test result, the consequences of the result, and the options available to the employee.Normally, no employee will be terminated because of a first verified positive test result. Instead, the employee is required to submit to EAP evaluation and, if necessary, receive a one-time opportunity to enter a treatment program. These employees are subject to discipline, up to and including termination for independent reasons.On entering a treatment program, the employee is required to accept and comply with the terms of the last chance agreement (Exhibit B).The employee will also be subject to follow-up drug and alcohol testing for 2 years following the date of the last chance agreement.Before returning to work, the employee must pass a return-to-duty drug/alcohol test.3. Second Verified Positive Test. Any employee who has a second verified positive drug or alcohol test result will normally be terminated from employment.4. Failure to Complete Rehabilitation Program.An employee who was required to enter a treatment program due to a verified positive drug or alcohol test or for violating a company rule associated with drugs or alcohol and who fails to complete all follow-up counseling and testing or otherwise violates any term of the last chance agreement will normally be terminated from employment.5. Handling Testing Results Showing Signs of Possible Dilution or AdulterationThe professional advice and recommendations of the Medical Review Officer will be followed when test results indicate possible adulteration, dilution, substitution or specimens are unsuitable for testing. Diluted tests will normally require a repeat test at the company’s discretion. Any employee who switches, adulterates, or in any way tampers with submitted specimens will normally be terminated.ConfidentialityAll information received by the employer through a drug/alcohol testing program is confidential communications. Access to this information is limited to those who have a legitimate need to know, including:Disclosure to the EAP manager or appropriate counselor;Disclosure to a supervisor or official with authority to take appropriate personnel action against the employee;Disclosure required or permitted by law or government regulation;Disclosure directed by a court order or required by (Company Name) to defend itself against a challenge to an adverse personnel munication of the Alcohol/Drug Testing PolicyNew employees will acknowledge receipt of (Company Name)’s policy during the application process and pre-employment test. Current employees will be given a copy of this policy/procedures and a notice that any drug testing of current employees takes effect 30 days after issuance of the policy. This gives current employees the opportunity to quit using drugs, seek assistance through the EAP, volunteer for treatment, or leave the company. (End of Procedures Manual and Implementation Details - Drug & Alcohol Abuse Policy)Reasonable Suspicion or post-accident testing documentation form (Company Name) - Exhibit APurpose of this form: To document the rationale, facts, and circumstances behind a decision to request a reasonable suspicion or post-accident test.Employee’s Name:Social Security No. or ID#:Date:Type of Test (Describe in detail below in comments) Reasonable Suspicion Post-Accident? Observed behavior? Accident causing a fatality?? Observed drug/alcohol use? Accident causing an injury requiring ????off-site medical attention?? Difficulty maintaining balance? Accident causing significant property ???damage?? Slurred speech? Unsafe activity or near-accident that ???could have caused:?? Abnormal/erratic behavior??? Possible death??? Possible injury?? Other(s) ? Credible report Arrest or conviction??? Possible property damage The action or inaction of those involved contributed to the accident/injury, or drug/alcohol use could not be completely discounted as a contributing factorComments (Describe, in detail, the rationale for requesting testing, including observed facts and circumstance, any sources of information, date and time of observation or accident, other witnesses, actions taken, etc.)Requestor’s Printed Name and SignatureTitleDateReviewer’s Printed Name and SignatureTitleDateI acknowledge that I have been informed of the company’s reasons for requesting this drug and/or alcohol test and consent to the testing.Employee SignatureDateLast Chance Agreement - Exhibit BI,, understand that my (reinstatement and) continued employment (are) is contingent upon compliance with all of the following terms of this agreement.I will be evaluated for chemical dependency by the company’s employee assistance program (EAP).I will comply with all of the EAP treatment and follow-up recommendations.I authorize (Company Name) to receive all relevant information regarding my progress in my rehabilitation program.I will be subject to unannounced testing (follow-up monitoring) for up to two years.I recognize, accept, and agree that any future violation of the company’s drug-free workplace policy by me will result in the termination of my employment.I am responsible for meeting the same standards of performance and conduct that are set for other employees.I understand that failure to comply, in whole or in part, with all of the terms and conditions of this agreement will result in further disciplinary action, up to and including termination of employment with (Company Name) .Employee SignatureDateCompany RepresentativeDateSample employee notification letter - Exhibit C(Company Name) Date:To: Employee’s NameSubject:Implementation of a Drug-Free Workplace Program(Company Name) is committed to protecting the safety, health, and well-being of its employees and all people who come into contact with its workplace(s) and property, and/or use its products and services.Recognizing that drug and alcohol abuse pose a direct and significant threat to this goal, and to the goal of a productive and efficient working environment in which all employees have an opportunity to reach their full potential, (Company Name) has developed the attached drug-free workplace policy.The foundation of this policy is to offer a helping hand to our employees who suffer from drug and alcohol problems while clearly communicating that the abuse of drugs and alcohol will not be tolerated. We are (have) contracting (contracted) with an employee assistance program (EAP) to help our employees and their families access the appropriate services to help them deal with drug and alcohol problems. Employees experiencing drug and alcohol problems are encouraged to use these services before these problems affect their employment status.We are also developing a drug-testing program that includes substantial safeguards to protect employee’s individual rights and to assure the accuracy and integrity of the program. All job applicants will be tested and employees will be subject to reasonable suspicion, post-accident, follow-up/post-treatment (and random, if authorized) testing.This policy will take effect immediately, although any drug testing5 of current employees will not be implemented until 30 days from this date. (Company Name) also will be implementing employee drug education and awareness and supervisor training as part of its comprehensive drug-free workplace program.It is important that we all work together to establish and maintain a work environment free from the effects of drug and alcohol abuse.Dilute specimens – low creatinine levels – Exhibit EDrug Testing – Low Creatinine Levels: By Karl Farstad; Drug/Proof What is creatinine? When the lab reports a low level does this mean someone is trying to “cheat” the test?Creatinine is a substance secreted by the kidneys at a relatively constant rate from the build-up and break down of muscle tissue. By measuring the amount of creatinine in the urine sample, the relative dilution or concentration of that sample can be determined. This determination, when taken into consideration along with other factors, comprises the integrity check performed by most laboratories to assure that the sample being tested has not been adulterated.An easy way to invalidate a drug test or to hide drug abuse is to dilute a urine sample so that any drug concentration will be below the level of detection. The initial screening phase of drug testing is based on threshold settings. If an individual dilutes their urine below the level of detection, their drug screen will be negative. Therefore, the creatinine determination is very important to assure that the tested sample is concentrated enough to validate the results. While the creatinine level reveals dilution, it does not explain how the sample got that way. In other words, the laboratory can only report a level, not what caused the level. A dilute urine specimen may be produced in two ways:drinking copious amounts of water prior to a collection adding water to the sample, i.e. from the toilet bowl or water faucet. Proper collection procedures should eliminate the latter attempt at adulteration.It is important to realize, however, that a dilute urine sample does not always indicate a purposely adulterated urine. A large percentage of the dilute samples are from individuals who merely were told to report to a location to provide a urine sample for drug testing. Nervous about producing a “sample on demand,” some donors drink large amounts of fluid to be ready. This may, in fact, be a “catch 22,” where a person wishing to provide a quick sample inadvertently dilutes their urine in the process.Regardless of the reason or cause, low urine creatinine levels should not be ignored. A positive drug test on diluted urine is valid. If this sample were of normal concentration, the drug level would be even higher! A negative drug screen report on diluted urine should be suspect. That means that instead of a “five-gallon bladder” we tested a “fifty-five-gallon drum” and a negative result can’t be guaranteed because of the dilution of the sample.Currently, we recommend that companies who receive negative drug test results on dilute urine (creatinine less than 20mg/dl) should have the employee submit another sample. Test data reveals a higher positive rate on recollected samples than those submitted for initial screening. Employees should be instructed not to drink too much water and be encouraged to give an early morning sample if at all possible.How the Drug Free Business Employee Assistance Program Workstc "Employee Assistance Programs"Employee Assistance Program (EAP) ConsortiumDrug Free Business provides you with a full-service, broad-brush professional EAP through Fully Effective Employees, with over 42 years’ experience serving Northwest companies. A professional EAP is a key element in a comprehensive drug-free workplace program.Unlimited use at no cost to employees and families; 24-hour access from anywhere in U.S. through our 1-800-648-5834 number.Rapid intervention helps solve problems quickly and inexpensively before they become overwhelming.Consultation for supervisors and managers. We train supervisors to recognize and resolve job performance problems. Since a majority of job problems are caused by alcohol and drug issues, this is an effective tool in early resolution.Critical incident debriefings and other services are included.What is an EAP?The Employee Assistance Program (EAP) had successfully demonstrated its ability to identify and successfully deal with the alcoholic employee for more than 30 years before drugs other than alcohol began appearing in large numbers in the American workplace. Rightfully understood and implemented, it serves as an excellent management tool for dealing with drug-affected employees, in addition to an employer’s drug testing program, or by itself.An Employee Assistance Program is defined as:A worksite-based programdesigned to assist in the identification and resolution of performance problemsassociated with employees impaired by personal concerns, especially alcoholism and other forms of drug dependence.The core activities of an EAP are:Supervisory training: how to identify the troubled employee on the basis of job performance deficiencies.Supervisory consultation: helping individual managers and supervisors use EAP procedures to motivate a troubled employee to seek help and improve job performance.Assessment and referral: assessing the nature and seriousness of the personal problem, and directing the employee to the most appropriate treatment or assistance.BenefitsOur EAP, with this supervisory emphasis, has been shown to produce significant benefits for the employer:reduced absenteeismimproved productivitydecreased health care costs (for both the addicted employee and family)decreased turnover, along with the costs of recruiting and retrainingreduction in accidents and security incidentsdecreased disciplinary and grievance actionsincreased supervisory skills in identifying productivity problems Relation to drug testingFor the employer with a drug testing program, an EAP provides two essential functions:1.Following a positive drug test, the EAP assesses the level of dependency, recommends appropriate treatment, if necessary, and2.follows up for a specified time to ensure employee cooperation (including follow-up drug tests).When drug testing is not applicable (especially for the alcoholic or otherwise addicted employee who is not impaired or using on the job), the EAP prepares the supervisor to give the employee the choice between EAP or disciplinary action on the basis of unacceptable performance.The EAP trains supervisors to identify troubled employees by better observation of performance deficiencies, then offering the choice of help through EAP or of accepting the appropriate discipline. Such a choice will usually motivate even the most resistant employee to seek help through the EAP.Self-ReferralProblems characterized by denial, such as alcoholism and drug dependence, generally require supervisory intervention. Although personal problems other than drug dependence do not cause nearly the amount of financial drain for an employer, encouraging confidential self-referral to the EAP produces an employee morale benefit. In addition, family, marital, and other personal problems may be found to result from underlying chemical dependency, which can be uncovered in the assessment.Who pays for this EAP?The program is available at no cost to employees and their dependents and includes initial assessment, referral, and counseling. In the Seattle, Tacoma, Everett, and Bremerton areas employer pays an annual fee of $23 per employee. Employers outside this area pay an annual fee of $10 per employee for the Employee Helpline EAP service.Any subsequent treatment after referral from the EAP to an outside treatment provider may be covered under the employee’s health care coverage. The cost of continuing or long-term rehabilitation services, whether covered by the employee’s medical plan or not, are the ultimate responsibility of the employee.What about the small business?Even the smallest company can afford an Employee Assistance Program. Drug Free Business’ Consortium is competitively priced for the small business. Members pay only $23 (or $10) per year for each employee. There is no setup fee and training is included.How can I get started?Simply fax or send us the enclosed membership form, or telephone Drug Free Business at 425-488-9755 to join the Drug Free Business Employee Assistance Program. Supervisory training sessions are held on-line 24/7, so you can schedule supervisors at your convenience. Call Drug Free Business for additional information or to reserve space.Selecting an EAPCare must be taken in selecting an assessment and referral resource. Two considerations are most important:1.Separation of assessment service from any existing treatment program, to assure referral is made strictly on the basis of clinical need and ability to pay.2.Ability to assess the whole range of personal problems, especially those conditions, such as chemical dependency, most characterized by denial.Fully Effective Employees and Drug Free Business have no financial ties or interest with anyone that treats any condition. Consequently, when we are locating help for an employee, the only consideration is what is best for the employee. Since 1976, Fully Effective Employees has developed an excellent reputation as a service-oriented and caring EAP, with the additional necessary chemical dependency skills to make a difference on an employer’s bottom line.if you employ commercial drivers (CDL)The DOT/FMCSA drug and alcohol testing regulations that took effect on 1/1/96 require employees with commercial driver's licenses (CDLs) to be both drug and alcohol tested in six situations, including random. In addition, the regulations prohibit certain conduct, e.g. pre-duty use of alcohol and possession of alcohol while on duty.Call Drug Free Business for a free copy of the Policy for Commercial Drivers.An employer is prohibited from using a driver who has violated the regulations. When a driver has engaged in prohibited conduct, the driver must be removed from performing any safety-sensitive duties immediately. The driver cannot return to those safety-sensitive functions until the driver:Is evaluated by a Substance Abuse Professional (SAP) for plies with treatment as recommended by the SAP.Is evaluated by a SAP who verifies that the driver complied with treatment.Passes a return-to-duty test.Is subject to follow-up testing (up to 60 months).A Substance Abuse Professional (SAP) must be a licensed physician, or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the NAADAC) with the knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol-related disorders. In addition, a SAP must receive qualification training and successfully pass an exam. A SAP will assess whether a driver needs treatment for a drug or alcohol problem.SAPs are providing these services for $400-$600 per case. The DOT regulations do not require an employer to provide rehabilitation, pay for treatment, or to reinstate a driver who uses drugs or alcohol in violation of the regulations. However, an employer is required to provide a referral to a SAP for evaluation, even if the employer intends to terminate the driver.Drug Free Business and our EAP Consortium will assist you in obtaining appropriate and affordable SAP services when they are needed.We have always strongly recommended that any organization doing drug testing also have an Employee Assistance Program available for all employees and to assist management in dealing with work performance problems.EAP ORIENTATION form letterThe information on the following two pages may be photocopied and used as a handout in connection with an employee education session. Thereafter, it should be given to each new employee hired to explain the EAP benefits. This letter is available on disk.Drug Free Business Employee Assistance Program ConsortiumA.What is an EAP? A PERSONAL and CONFIDENTIAL service provided to employees and their family members by their employer.History: EAPs have been in existence for over 25 years because employers have begun to realize that personal problems can interfere with job performance. EAPs have successfully helped employers reduce benefit costs, keep valuable employees on the job, increase overall productivity and morale. B.Who are we?FEE: Fully Effective Employees is a private company which has provided EAP service to employees and their families in the Puget Sound Area for over 42 years. We are an external program which means we are not employees of your company, but contract with your company to provide this service. We receive a flat rate per employee per year, so we do not get paid by the number of employees we talk with or per number of times we have contact with an employee. You are free to use the service as often as you like. We are available to you as employees, your family members and significant others.Our counselors are trained Masters degreed mental health counselors and/or Certified Chemical Dependency specialists with years of counseling experience.B.What kind of problems does the EAP deal with?Alcohol/Drug, Family, Marital, Emotional, Job Related, Stress, Parenting Issues, Aging Parents, and Legal and Financial Referrals. Admitting to having “problems” and seeking help when problems become overwhelming, is a sign of strength. It is much better to address a concern early before it becomes a serious problem. Personal stress can often become job stress. Alcohol and drug problems often become work, family and marital problems.C.How does the EAP work?Any employee or family member who wishes to use the service may call our Seattle number, 425-454-3003, or 1-800-648-5834 24 hours a day, seven days a week. From the hours of 8 a.m. to 5 p.m., Monday-Friday, a counselor will be available to take your call or return it promptly if he or she is on another line. After hours, an “on-call counselor” will be paged and your call will be returned as soon as possible. D.What happens when I call?1.ASSESSMENT- the counselor will meet with you in person at a time and location that works well for you (our offices are in the downtown Seattle area) with convenient access to the freeway and free parking. Or, you can talk on the phone at a time convenient to you. As part of the ASSESSMENT, the counselor will determine the depth of the problem and begin to help you formulate an action plan.2.PLAN - Together with the EAP counselor, you will develop a PLAN. Sometime all a person may need is a conversation with a counselor to put things in perspective or head in a certain direction. The EAP counselor may call to follow up with you within a prearranged time period. Other times a person may need a referral to a self-help group, community resource, therapist, treatment center or resource list of reading materials.3.REFERRAL - If you need longer-term counseling, you will be referred to a counselor in your area. We will try to match up your insurance benefits or find someone on a sliding fee scale so it is affordable. The EAP service is provided at no cost to you. Ongoing counseling is your financial responsibility. We have hundreds of resources in the Puget Sound area as well as nationally, and we make an effort to match up an appropriate resource for your needs. We do not get any money or benefit from referring you to any particular resource. We are not affiliated with any health insurance program, managed care system or a particular group of providers or counselors. When the referral is made, we usually contact the referral source to share a little information about you and your situation (with your permission). This ensures that the referral source or counselor is able to see you and that it is an appropriate match. You will be given the counselor’s name and phone number and you are free to make your own appointment. What you discuss with your counselor is confidential, unless you pose a risk to yourself or someone else, you have a positive drug test, or you are a supervisory referral and are not following through with treatment recommendations.4.FOLLOW UP - Your EAP counselor will contact you after the referral to ensure that you are getting the best care possible and that you are receiving help in resolving your problems. In most cases, you will only have one EAP counselor who will talk with you from the beginning, help you develop a plan, refer you for help and follow up on your progress.All of our counselors are employees of FEE, we do not farm out services to other counselors, who may be good counselors, but not know a lot about the issues facing employees or employers. In addition, we do not refer to ourselves for ongoing counseling, in order to prevent a “conflict of interest” and to ensure that you are getting a specialist in the area you need, if you require ongoing rmation about Drug Free Business Drug Testing servicesDrug testing can be a valuable tool to help your company establish and maintain a drug-free workplace. As part of a comprehensive program, drug testing offers one of the best ways to assure yourself that your worksite is safe, your employees are healthy and your company is productive and competitive.However, for many companies, the cost of drug testing is prohibitive because they don’t conduct the high volume testing of a major corporation. The majority of companies that don’t test, identify cost as one of the primary factors in their decision.Drug Free Business is pleased to make you aware of a unique cost-saving program that makes it possible for your company to take advantage of the benefits of drug testing. Through the Drug Free Business Drug Testing Services, Drug Free Business members make up the largest private drug testing network in the NW.Through a unique relationship with the most respected certified drug testing laboratory networks in the country ( LabCorp, Legacy MetroLab, Quest, CRL, Sterling Laboratory, and Abbot/Alere, Drug Free Business offers its members a comprehensive testing program that includes easy setup, training, and customized reporting. No matter where your worksite is located, we can collect your samples through a network of 7,000 collection sites nationwide. Best of all, the testing itself is technologically the highest-quality drug testing available today.Prices are well below the national average. Even if your company is fairly big and currently receiving a great rate, Drug Free Business Drug Testing Service members are probably getting a better deal. Service to clients is our number one concern. Look at the range and quality of the services you get as a member:Drug TestingAll drug testing is done at laboratories certified by the National Institute on Drug Abuse (NIDA/SAMHSA) and/or the College of American Pathologists/Forensic Urine Drug Testing Program (CAP/FUDT). A certified laboratory will be chosen depending on your location and needs. Following the strict guidelines for accuracy and confidentiality required by the certification programs, the laboratory screens samples using an immunoassay test. All positives are then confirmed by gas chromatography/mass spectrometry (GC/MS or better), the most advanced technological form of drug testing. GC/MS confirmation is a more costly separate chemical test from the initial screen. However, Drug Free Business members pay nothing additional for a confirmation. It is all part of the low-cost per test package.Collection of SpecimensCollecting urine samples can create problems for small companies located in remote locations or bigger companies with multiple worksites. Through the Drug Free Business Drug Testing Services, collection is never a problem. With more than 7,000 collection sites available nationally, Drug Free Business members are guaranteed high-quality, professional collection service anywhere in the United States. Twenty-four hour urine collection and breath alcohol testing are available at some sites at no additional charge. On-site collection services are available for an additional charge.Medical Review OfficerTo ensure quality and accuracy in drug testing, the services of an independent, professionally trained, licensed physician is part of your drug testing package. MROs review and investigate drug test results and report directly to authorized personnel designated by Drug Free Business members. Random Selection ServiceDepartment of Transportation regulations require random selection of employees for testing. Random testing is also recommended for other safety-sensitive industries. An online computer-controlled random selection service is provided at no additional charge and is available 24/7. Turnaround TimeGetting test results back immediately is the key to keeping your worksite safe and productive. Drug Free Business members will almost always receive negative results within 24 hours from the time of laboratory receipt, and usually no more than an additional 24 hours for notification of a positive test. For example, for most employers, if the collection is completed before the close of business today, a negative test will be reported back to you before 9:00 a.m. tomorrow morning.Reporting ProceduresTest results will be reported through our advanced GERTRD secure web-based reporting system or by phone directly to authorized personnel.Additional Services IncludedConsultation/Training at setup re: drug testingCustomized requisitionsApproved chain-of-custody protocolsContainers, shipping and other suppliesMonthly summary of itemized statementsRecord keepingHandling of rejected/unfit for testing specimensRandom selection servicesQuarterly reports required for DOT testingDOT past employment inquires (additional charge)Member PricesDrug Free Business has established a special preferred network of collection sites. For example, Drug Free Business has thousands of network collection sites throughout the USA. Most members are close to one or more of these sites and take advantage of even greater savings. Please call us to determine the location of the closest site to your work locations and pricing details.How to Sign Up for Drug Free Business Drug Testing ServicesFax or Mail a Membership Application form to Drug Free Business. You can request a membership application by calling 425-488-9755, or you use the sign me up form at . If you are not already a member we will invoice you for $150 annual membership in Drug Free Business. You will then be contacted by Drug Free Business to set up collections sites, select a laboratory and arrange for other services. Random selection services, if needed, will be set up at this time. Drug Free Business will provide third-party administrator services to coordinate all your drug testing services at no extra charge.You will then be contacted by your Medical Review Officer (MRO), which by regulation must be independent of the certified laboratory. The MRO will arrange for the results of tests to be reported only to authorized persons within your company.Once you start drug testing, you will receive itemized statements for drug and alcohol tests conducted. There is no sign-up fee, maintenance fee, or hidden costs.Supervisor Training and Employee Education tc "Supervisor Training "Drug Free Business and Fully Effective Employees conduct supervisors training sessions at least every quarter. There is no charge for members. This training is probably the most important part of your Employee Assistance Program. We recommend that everyone in a management or supervisory position attend one of these sessions. Your supervisors are the most important people in a drug prevention program. They are responsible for enforcing the policy. Supervisors should be thoroughly familiar with the policy and trained to properly recognize and react to drug abuse problems or incidents. Supervisors are not expected to be drug counselors, therapists, or police officers. They manage and supervise people. They observe performance and most action will be taken in response to poor or deteriorating job performance. Purpose of Supervisor training:Inform supervisors of the prevalence of drug or alcohol abuse and its impact on business and industry.Understand drug testing procedures and gain confidence in built-in safeguards.Teach supervisors how to recognize potential drug or alcohol abuse through the observation of specific objective behavior and performance criteria.How to document performance problems.Follow company policy on progressive discipline, based on observed performance.Provide supervisors with a basic understanding of alcohol and drug addiction and with the necessary skills for referral of employees to the company's Employee Assistance Program.How do I get my supervisors trained?Visit our website for current training dates and locations, .Because your final written policy may vary from sample policies, it is your responsibility to ascertain that your supervisors are familiar with the details of your specific policy.Employee EducationEvery employee should receive a copy of your drug and alcohol abuse policy and procedures (and give a signed acknowledgment of receipt). Identify the manager in your organization who can answer employee’s questions about the policy and procedures.Educational materials, including free pamphlets, brochures and posters are available from the Washington State Clearinghouse for Alcohol and Drug Information 1-206-221-8325. You may wish to contact them for additional information. Each state has a similar state clearinghouse. Locate yours at and/or order documents and other information while there.Policy guidance endnotES ................
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