Drug Free Workplace - MHA



|[pic] |Department: |Human Resources |

| | | |

| |Number: |D-1 |

| |Effective Date: |10/16/13 |

|Human Resources Policy and Procedure | | |

| | |Supersedes: |9/1/12, 1/2/08, 5/17/04, |

| | | |4/1/03,8/7/01,2/11/91, 9/11/90 |

|SUBJECT: |Drug Free Workplace | | |

PURPOSE:

To provide a drug-free working environment to the employees of St. Luke’s (Employer), thereby promoting the health and welfare of employees, patients and visitors. By definition, a drug-free workplace is a place of employment where employees are prohibited from engaging in the manufacture, distribution, dispensing, possession or use of controlled substances except as part of their job.

POLICY STATEMENT:

The Employer will require its employees to report for work and perform their duties without illegal drugs in their bodies or under the influence of alcohol. No employee shall use or consume, possess, sell, buy, manufacture, transfer or dispense unauthorized drugs or alcohol while the employee is working or while the employee is on the Employer’s premises or operating any of the Employer’s vehicles, machinery or equipment or is conducting company business off site. To enforce this policy, the Employer will make all job offers contingent upon passing a drug test, will test certain members of safety sensitive positions including Certified Registered Nurse Anesthetists (CRNA), Medical Doctors of Anesthesia (MDA), and employees in the Pharmacy, Security Department and Storeroom on a random basis, and may test other employees if there is a reasonable suspicion that they are using, selling, possessing, transferring or under the influence of alcohol or unauthorized drugs while at work. The Employer recognizes that drug and alcohol misuse/abuse is potential health, safety and security problems. Therefore, the Employer will recommend rehabilitative services and programs as appropriate. Conscientious efforts to seek and use such help will not jeopardize an employee’s position. Employees must follow guidelines for any program entered.

Employees suspecting a violation of this policy should contact their supervisor or Human Resources as soon as possible.

DEFINITIONS:

DRUG: Any illicit chemical, medically unauthorized prescription or controlled substance as defined in Minnesota Statutes.

DRUG AND ALCOHOL TEST: Laboratory analysis of urine and blood samples (as approved by Chapter 181 of Minnesota Statutes) for the purpose of measuring the presence or absence of drugs, alcohol or their metabolites in the sample tested.

INITIAL SCREENING TEST: A drug or alcohol test which uses a method of analysis approved in Chapter 181 of Minnesota Statutes capable of providing data as to general classes of drugs, alcohol or their metabolites.

CONFIRMATORY TEST AND CONFIRMATORY RETEST: A drug or alcohol test which uses a method of analysis approved in Chapter 181 of Minnesota Statutes as being reliable for providing specific data as to the drugs, alcohol or their metabolites detected in an initial screening test.

MEDICAL REVIEW OFFICER (MRO): Medical Review Officer (MRO) means a licensed physician responsible for receiving laboratory results generated by this testing program who has appropriate medical knowledge and training to interpret and evaluate an individual’s test result together with the individual’s medical history and other relevant biomedical information.

REASONABLE SUSPICION: A basis for forming a belief based on specific facts and rational inferences drawn from those facts.

SAFETY-SENSITIVE POSITION: A job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person.

RANDOM SELECTION BASIS: A mechanism for selecting employees that (1) results in an equal probability that any employee for a group of employees subject to the selection mechanism will be selected and (2) does not give an employer discretion to waive the selection of any employee selected under this mechanism.

REFUSAL TO TEST: Refusal to submit to testing means the employee or applicant fails to sign a consent form or selects “refusal to test” at the bottom of the consent form. Failing to provide an adequate sample without a valid medical explanation or engaging in conduct that clearly obstructs the testing process constitutes refusal to test.

PERSONAL PROPERTY: including, but is not limited to: vehicles, briefcases, suitcases, tool boxes, computer bags, backpacks, purses, clothing/jackets, lunch bags/boxes, or any other container or object brought to and from St. Luke’s property, worksites, or St. Luke’s-sponsored functions.

PERMISSIBLE TESTING:

1. DRUG TESTING FOR NEW JOB APPLICANTS:

Pre-employment testing is required for all applicants who have received a conditional offer of employment. After completing the Employer’s form on which the job applicant acknowledges that she/he has seen this policy, each applicant to whom a conditional offer of employment has been made will be required to undergo a urine drug test, administered by Occupational Health as part of the post-offer screening.

2. RANDOM DRUG AND ALCOHOL TESTING:

Testing on a random basis is required for certain safety sensitive positions, including Certified Registered Nurse Anesthetists (CRNA), Medical Doctors of Anesthesia (MDA), as well as all Security, Pharmacy and select Storeroom employees and for all employees transporting patients in rented or leased vehicles.

A. After completing the Employer’s form on which the Employee acknowledges that she/he has seen this policy, each designated safety sensitive employee will be included in a consortium of individuals maintained by an independent third party. The Employees will be selected for testing on a quarterly basis in a random and unannounced fashion. All employees in the random pool will have an equal chance of being selected and will remain in the pool even after being tested. The Employee may refuse to submit to the random testing, but if he or she does so, will be subject to termination.

B. The independent consortium will periodically notify Human Resources that particular employee(s) are being requested to submit a specimen for random drug and alcohol testing. Human Resources will notify Occupational Health of the need of the employee(s) to submit a sample and will schedule an appointment within a reasonable period of time taking into consideration work schedules and appointment availability. Human Resources will notify the Employee just prior to the appointment in Occupational Health. Upon being notified of the request to submit a sample pursuant to the random testing herein, the Employee is to immediately report to Occupational Health to submit a specimen.

3. DRUG AND ALCOHOL TESTING ON THE BASIS OF REASONABLE SUSPICION FOR ALL EMPLOYEES:

A. The Employer may require any employee to undergo drug and alcohol testing if the Employer has reasonable suspicion that the employee:

1) is under the influence of drugs or alcohol;

2) has violated the Employer’s written work rule prohibiting the use or consumption, possession, selling, buying, manufacturing, transferring or dispensing of unauthorized drugs or alcohol while the employee is working or while the employee is on the Employer’s premises or operating any of the Employer’s vehicles, machinery or equipment or is conducting company business off site.

3) Was involved in an accident or incident involving bodily injury to self or others or causes damage to company property.

B. If any employee is reasonably suspected of being under the influence of drugs or alcohol, the suspicious behavior (e.g., unexplained unusual behavior or unexplained unusual poor performance, other indicators of intoxication such as slurred speech, impaired mobility, or on the job use or possession) will be documented by the Department Director, Manager or Supervisor. A representative of the Human Resources Department or another management representative will also be contacted to observe the employee and confirm the documentation of suspicious behavior. The employee will be given an opportunity to explain the suspicious behavior and the explanation will also be documented. The evaluation to determine if reasonable suspicion exists may or may not include administration of a breath alcohol test.

Once it has been determined by the Department Director or Manager and a representative from Human Resources that there is reasonable suspicion that an employee is under the influence of drugs or alcohol, the employee will be requested to submit to testing. Additionally, the Employer reserves the right to inspect any company property, including company vehicles, and any employee personal property brought onto our premises for alcohol, intoxicating substances, controlled or illegal substances, or any other substances which could impair job performance. The refusal to submit to an inspection, or a refusal to cooperate in an investigation, will subject employees to disciplinary action up to and including termination. (Please see Security Workplace Search policy W-2)

TESTING PROCEDURE:

1. Pre-employment or random testing that can be arranged in advance will be scheduled at Occupational Medicine by Human Resources. Human Resources will notify the Employee or Applicant of the schedule location and time.

2. Reasonable suspicion tests will be arranged as follows:

A. During business hours on campus: the Human Resources representative will review this policy with the employee, allow the employee to retain a copy of the policy and have him/her complete the form on which the employee acknowledges having seen this policy. The Human Resources representative will then ask the employee to accompany him/her to the St. Luke’s Occupational Health for immediate blood and urine collection. If Occupational Health is unavailable on campus to obtain urine and blood samples, Occupational Health at Denfeld (249-6822) will be contacted to determine if a collector can be sent to the campus. In the event that Occupational Health is unable to accommodate this request, the employee may be transported in a cab provided by the employer. A Human Resources representative will then follow the cab to the Denfeld Occupational Health location in order to proceed with the collection.

B. After business hours on campus: The employee will be asked to accompany the Director or Manager to a private area (e.g., ED conference room). The Human Resources representative will review this policy with the employee and have him/her complete the form on which he/she acknowledges having seen this policy. The Human Resources representative will also contact an outside testing service representative to collect urine and/or blood samples. If necessary, the laboratory on campus may be contacted to conduct a blood draw. The outside testing service representative will process all collected samples for submission to a licensed laboratory not affiliated with the Employer.

C. Off-Campus locations. For off-campus locations outside of the Duluth-Superior area, the Clinic Manager will be responsible to observe and conduct an investigation to confirm reasonable suspicion of an employee being under the influence of, or using, drugs/alcohol. The Clinic Manager will contact Human Resources to consult and reconfirm reasonable suspicion. The Clinic Manager will manage the testing and administration provided for in this policy and will have the employee complete the form on which the employee acknowledges having seen this policy. An outside testing service will be contacted to obtain a urine sample, and the Clinic will collect a blood sample from the employee.

3. Proper chain of custody is established and the specimens are sent to a licensed laboratory not affiliated with the Employer.

4. If an employee is unable to provide a suitable sample for testing, the Employer may require a medical examination, by a health care provider of its choice, to determine if there is a medical reason for the failure to provide a suitable sample. If there is no medical explanation, the failure will be treated as a refusal to submit to testing.

5. An applicant may refuse to submit to testing, but if he or she does so, the job offer will be withdrawn. An employee may refuse the Employer’s request to take a drug and alcohol test by selecting “refusal to test” at the bottom of the consent form and, in such case, no test will be administered. However, refusal may result in adverse personnel action, up to and including the employee’s termination from employment. Any such adverse personnel action will be based upon the reasonable suspicion of being under the influence of drugs and/or alcohol and not solely upon refusal to undergo testing.

6. An employee who is reasonably suspected of being under the influence of drugs or alcohol will not be allowed to work, and after furnishing blood and urine specimens or refusing the test, will be sent home on a non-disciplinary suspension (the duration of which will not extend beyond three (3) work days after receipt of the test results) pending results of the drug and alcohol test. The employee will be reinstated with back-pay and benefits if the outcome of the confirmatory test or requested confirmatory retest is negative.

7. When an employee is sent home due to reasonable suspicion of violating this policy, the Department Director, Manager or Supervisor will take reasonable precaution to ensure the employee’s safe return from the workplace to the employee’s home.

POST-TESTING PROCEDURE:

1. Drug tests are reported by the testing laboratory directly to the MRO. The MRO reports the results to the Employer. If the results are negative, the MRO informs the Employer who subsequently provides written notification to the Employee or Applicant. If the test is confirmed positive, the MRO shall directly contact the donor to give the donor the opportunity to discuss the test result. The MRO may confirm a test as positive without having communicated directly with the donor about the test results if the donor declines to discuss the results or ignores a repeated attempt by the MRO to contact the donor.

2. Within three (3) working days after receipt of a test report from the MRO, the Human Resources Department shall inform the employee in writing of a negative test result on an initial screening test or a negative or positive test result on a confirmatory test, and of his/her right to request and receive a copy of the test result.

3. In the case of a positive test result on a confirmatory test, the employee may also submit, within three (3) working days, additional information (such as any over-the-counter or prescription medications that he/she is currently taking or has recently taken) which could explain the test result, and may request a confirmatory retest of the original sample. In order to obtain a confirmatory retest the employee must, within five (5) working days after notice of the confirmatory test result, notify Human Resources in writing of his or her intention to obtain a confirmatory retest. The Employer will then take appropriate steps to arrange for the retest. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test will be taken against the employee.

If the original test, the confirmatory test and, if requested, the confirmatory retest are all positive, the Applicant’s job offer will be withdrawn and an employee will be referred to the Employee Assistance Program, which is competent to perform assessments and to provide referrals. An Employee Assistance Program representative may then confer with Occupational Health before recommending a program of care and/or treatment for the employee. After receiving a positive confirmatory test or retest result, Employee Assistance must determine that the Employee is fit for duty prior to the Employee’s return to work.

4. Any adverse action taken by the Employer against an employee based upon a positive result of a test and a confirmatory test will be in accordance with past practice and the Human Resources Discipline Policy (D-2). Action taken, depending on the individual circumstances, may be a warning, suspension, or discharge. Any such adverse action will be based upon the employee’s detrimental behavior and not on the condition of chemical impairment. However, the Employer will not discharge an employee for whom a positive test result on a confirmatory test was the first such result for the employee on the Employer’s drug or alcohol test unless the employee was given an opportunity to participate in a drug or alcohol counseling or rehabilitation program, and that employee either refused to participate or failed to successfully complete such a program.

Personnel action taken as a result of a positive test result will be subject to any appeal or grievance procedures applicable to the employee’s position.

5. Any employee who has completed a drug or alcohol rehabilitation program must be cleared through Occupational Health before returning to work. Proper documentation must be submitted to validate successful completion of such a program.

After successful completion of a drug or alcohol rehabilitation program, the employee will continue to be subject to random drug and/or alcohol screens for a period of time not to exceed two (2) years. Length of time in this random pool will be determined by the Employee Assistance Program or Occupational Health.

6. The fact that an employee has been requested to take a drug and/or alcohol test, the result of the test, and information acquired in the alcohol and/or drug testing process shall be treated in the same fashion as other confidential employee information. This information may be communicated to individuals inside or outside St. Luke’s without the employee’s consent on a need to know basis when such disclosure complies with HIPAA regulations.

However, evidence of a positive test result on a confirmatory test may be: (1) used in an arbitration proceeding pursuant to a collective bargaining agreement, an administrative hearing under chapter 43A or other applicable state or local law, or a judicial proceeding, provided that information is relevant to the hearing or proceeding; (2) disclosed to any federal agency or other unit of the United States government as required under federal law, regulation, or order, or in accordance with compliance requirements of a federal government contract; and (3) disclosed to a substance abuse treatment facility for the purpose of evaluation or treatment of the employee.

Positive test results from an employer drug or alcohol testing program may not be used as evidence in a criminal action against the employee tested.

POSTING:

Notices shall be posted in appropriate and conspicuous locations stating the Employer has adopted this drug and alcohol testing policy. Copies of the policy are available for inspection during regular business hours by employees and job applicants in the Employer’s Human Resources Department.

REFERNCE:

Security Workplace Search Policy (W-2)

Human Resources Discipline Policy (D-2)

COORDINATION:

Human Resources Department

KEY INVOLVED DEPARTMENTS:

Human Resources Department

Occupational Health

Employee Assistance Program

|APPROVED: | | |

| | |President/CEO |

| | | |

| | |Director of Human Resources |

| | | |

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DRUG AND ALCOHOL TESTING CONSENT FORM

1. I have been allowed to read and inspect a written copy of the Drug Free Workplace policy.

2. I have read the entire contents of this policy and I am aware and fully understand:

a. the policy and its contents;

b. what conduct the policy prohibits and the consequences of such conduct;

c. my rights under the policy and the consequences if I exercise certain rights; and

d. that certain events as described in the policy may result in adverse personnel action, including the termination of my employment.

3. I understand that this policy in any form, and any employee handbook including this policy, are not a unilateral employment contract or offer thereof.

4. I hereby voluntarily consent to St. Luke's, or its health service providers, or other persons or entities acting for or with them, to collect a body component (blood, urine, breath, or any combination or specimens as requested) from me for testing for alcohol and/or drugs. I understand that the laboratory selected by St. Luke’s may conduct testing and other analysis on the sample provided by me. I further voluntarily consent to the laboratory’s disclosure to St. Luke’s of the results of my drug and/or alcohol test and other information related to the test.

____________________________________

Applicant/Employee

__________________________________

Date

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NOTIFICATION OF

NEGATIVE ALCOHOL AND/OR DRUG TEST RESULT

Applicant/Employee__________________________

Date Test Results were Received__________________

This is to notify you that the result of the sample you recently submitted for alcohol and/or drug testing is negative. You have passed the alcohol and/or drug test.

You have a right to receive a copy of the test result report. If you would like a copy of the report, please contact the human resource administrator or other appropriate company personnel within 5 days.

ST. LUKE’S

Dated: _______________________ By___________________________

Its___________________________

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NOTIFICATION OF POSITIVE ALCOHOL AND/OR DRUG TEST RESULT

AND REQUEST FOR RETEST

Applicant/Employee_________________________

Date Test Results were Received__________________

This is to notify you that the results of both the test and the confirmatory test of the sample you recently submitted for alcohol and/or drug testing are positive. You have a right to receive a copy of your test result report. If you would like a copy, please contact the Human Resource Department.

You have the opportunity at this time to indicate any over-the-counter or prescription medications you are currently taking or have recently taken and any additional information you believe is relevant to the reliability of or provides an explanation for the positive test results.

You also have the opportunity to request a confirmatory retest of the tested sample at your own expense. If you would like to have a confirmatory retest, you must indicate your decision to have a retest in writing within five days of receiving this notice. To request a retest, fill out the bottom of this form, sign the form, and submit it to the Human Resources Department.

CONSENT:

I voluntarily consent to provide the following information which may be relevant to the reliability of or provides an explanation for the above-noted positive test results. I am currently taking or have been taking the following over-the-counter and/or prescription medications (use the back of this form if necessary). Write “none,” if applicable.

|NAME OF MEDICINE | WHEN TAKEN |

| | |

| | |

| | |

| | |

In addition to the above medications, the following information may be relevant to the reliability of or explanation for the positive test results.

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

____ I REQUEST A CONFIRMATORY RETEST, TO BE PERFORMED AT MY EXPENSE.

____ I DO NOT WISH TO HAVE A CONFIRMATORY RETEST PERFORMED.

ST. LUKE’S

By________________________________

Applicant/Employee

Date: __________________ Its________________________________

Date:

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Refusal to Test

I acknowledge that refusing to consent to the pre-employment drug test in accordance with the St. Luke’s Drug Free Workplace Policy will result in the withdrawal of the job offer.

I acknowledge that refusing to consent to a drug and/or alcohol test when there is reasonable suspicion or as part of a random test in accordance with the St. Luke’s Drug Free Workplace Policy may result in adverse action, up to and including termination from employment.

I refuse to test ________________________________________

Signature Date

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