Workplace where drug testing is optional

Purpose

The objective of this Policy is to identify and remove the adverse affects of alcohol and drugs on job performance, and to protect the health and safety of our employees by providing education and treatment. Use and misuse of alcohol or drugs can and does impair the ability of an employee to perform his/her duties and may endanger the employee, his/her co-workers, and the public as well as property. The company seeks to prevent the use/abuse/misuse of drugs and alcohol by employees in any way which impairs their ability to perform their duties.

Policy

1. The company shall implement a comprehensive drug and alcohol abuse education program. As part of that program, information will be provided on the availability of Employee Assistance Program services.
2. Alcoholism and other drug addictions are recognized as diseases responsive to proper treatment, and this will be an option as long as the employee cooperates. Employee Assistance Program (EAP) will be made available to assist employees.
3. The manufacture, distribution, dispensing, possession, sale, purchase or use of a controlled substance on company property is prohibited.
4. Being under the influence of alcohol or illegal drugs on company property is prohibited. The unauthorized use or possession of prescription drugs or over-the-counter drugs on company property is prohibited.
5. Employees who violate this Policy are subject to appropriate disciplinary action including termination.
6. The Policy applies to all employees of the company regardless of rank or position and includes temporary and part-time employees.

Definitions

Company Premises – All company property including vehicles, lockers, and parking lots.

Company Property – All company owned or leased property used by employees such as vehicles, lockers, desks, closets, etc.

Controlled Substance – Any substance listed in Schedules I-V of Section 202 of the Controlled Substance Act (21 U.S.C. S 812), as amended. Copies are maintained for employee review by Personnel and Health Services.

Drug – A drug is any chemical substance that produces physical, mental, emotional or behavioral change in the user.

Drug Paraphernalia – Equipment, a product or material that is used or intended for use in concealing an illegal drug or for use in injecting, ingesting, inhaling, or otherwise introducing into the human body an illegal drug or controlled substance.

Fitness for Duty – To work in a manner suitable for the job. To determine “fitness”, a medical evaluation may include drug and/or alcohol testing.

Illegal Drug – An illegal drug is any drug or derivative thereof which the use, possession, sale, transfer, attempted sale or transfer, manufacture or storage of is illegal or regulated under any federal, state, or local law or regulation and any other drug, including (but not limited to) a prescription drug, used for any reason other than a legitimate medical reason and inhalants used illegally. Included is marijuana or cannibis in all forms.

Reasonable Cause/Reasonable Suspicion – Supported by evidence strong enough to establish that a Policy violation has occurred.

Testing – Is generally defined as a urine, blood, or breath test to determine chemical or drug content. Testing can occur in the following instances: 

1. Use of a substance is affecting performance; or,
2. The employee is engaged in any of the prohibited acts or activities listed in this policy.

 

Under the Influence – A state of having a blood alcohol concentration of 0.10 or more, where “alcohol concentration” has the meaning assigned to it in Article 67011-1, Revised Statutes; or the state of not having the normal use of mental or physical faculties resulting from the voluntary introduction into the body of an alcoholic beverage or a controlled substance.

General Policy Provisions

Any of the following actions constitutes a violation of the Policy and may subject an employee to disciplinary action including immediate termination:

• Using, selling, purchasing, transferring, possessing, manufacturing, or storing an illegal drug or drug paraphernalia, or attempting or assisting another to do so, while in the course of employment or engaged in a company sponsored activity, on premises, in owned, leased or rented vehicles, or on business.
• Working or reporting to work, conducting company business or being on premises or in a company-owned, leased, or rented vehicle while under the influence of an illegal drug, alcohol or in an impaired condition.

Search

Search procedures, conducted under reasonable cause, such as inspections of employee’s personal property including briefcases, lunch boxes, or tool boxes, will be maintained as part of the company’s security measures. All employees will be expected to cooperate as a condition of continued employment with special drug/alcohol searches of personal vehicles on company property, purses, clothing, briefcases, or other employee personal property when there is reasonable suspicion to believe that an employee may be in possession of drugs or alcohol. Searches on company premises and company property can be conducted at any time.

Preventive Acts

• Employees taking drugs prescribed by an attending physician must advise their direct supervisor in writing of the possible effects of such medication regarding their job performance and physical/mental capabilities. This written information must be kept confidential and communicated to the direct supervisor prior to the employee commencing work. All medical information will be kept confidential and the employer, without exception, will punish any breach of privacy and confidentiality in this regard. All prescription drugs must be kept in their original container.
• Any employee involved in a work related accident where alcohol or drugs are believed to be a contributing factor will be referred to an employee assistance counselor in addition to any other accident investigation activities.

Corrective Act

Although employees will not be subjected to random fitness for duty examinations as a result of the Policy, any employee involved in a work related accident may be subject to urine and breath testing.

Employee Assistance Program

The company will provide employees and their families with confidential, professional assessment and referral for assistance in resolving or accessing treatment for addiction to, dependence on, or problems with alcohol, drugs, or other personal problems adversely affecting their job performance. Confidential assessment and referral services will be provided without cost to the employee or family member. The cost of treatment, counseling or rehabilitation resulting from EAP referral will be the responsibility of the employee.

When documented job impairment has been observed and identified, a supervisor may recommend participation in the EAP. Any action taken by the supervisor, however, will be based on job performance.

Supervisor referrals to the EAP will include employee’s release of information consent form to be returned to the company supervisor by the EAP. Refusal to participate in, or failure to complete the EAP-directed program will be documented. Should job performance not improve after a reasonable amount of time, the employee is subject to progressive corrective action up to and including termination of employment.

Self-referral by employees or family members is strongly encouraged. The earlier a problem is addressed, the easier it is to deal with and the higher the success rate. While self-referral in itself does not preclude company�s use of corrective actions, participation in an EAP-directed program may enable the supervisor to allow time for completion of such program before initiating or determining additional corrective actions.

EAP-related activities, such as referral appointments, will be treated on the same basis as other personal business or health matters with regards to use of sick leave or compensation time. Sick leave may be taken as needed, while compensation time must be preapproved.

Coordination with Law Enforcement Agencies

The sale, use, purchase, transfer or possession of an illegal drug or drug paraphernalia is a violation of the law. The company will report information concerning possession, distribution, or use of any illegal drugs to law enforcement officials and will turn over to the custody of law enforcement officials any such substances found during a search of an individual or property. Searches will only be conducted of individuals based on reasonable cause and only of their vehicles, lockers, desks, or closets when based on reasonable suspicion. The company will cooperate fully in the prosecution and/or conviction of any violation of the law.

Reservation of Rights

The company reserves the right to interpret, change, suspend, cancel or dispute, with or without notice, all or any part of this Policy, or procedures or benefits discussed herein. Employees will be notified before implementation of any change.

Although adherence to this Policy is considered a condition of continued employment, nothing in this Policy alters an employee’s status and shall not constitute nor be deemed a contract or promise of employment. Employees remain free to resign their employment at any time for any or no reason, without notice, and the company retains the right to terminate any employee at any time, for any or no reason, without notice.

Other Laws and Regulations

The provisions of this Policy shall apply in addition to, and shall be subordinated to any requirements imposed by applicable federal, state or local laws, regulations or judicial decisions. Unenforceable provisions of this policy shall be deemed to be deleted.

Texas Employees on Drugs in the Workplace

• 63% considered drug abuse among their co-workers to pose a safety problem.
• 55% said drug use on or off the job by employees where they work either “somewhat” or “greatly” affects crime on the job.
• 52% said drug use by employees in their organization “seriously affects” their “ability to get the job done.”
• 33% said they have “personally seen or heard” of illicit drug use by co-workers before or after work hours.
• 25% have “personally seen or heard” of illicit drug use by co-workers on the job.