Drug Free Workplace

Drug Free Workplace Policy

Frank Prestigiacomo

HRM/546

June 20, 2016

Thomas Kershaw

Drug Free Workplace Policy

HR POLICIES & PROCEDURES

1.0         PURPOSE

To establish a drug-free and alcohol-free work environment that is committed to protecting the safety, health and well-being of all employees and other individuals in our workplace and to adhere to the Federal Drug-Free Workplace Act of 1988. Providing consistent and relevant guidelines for all employees regarding substance abuse situations.

This organization encourages employees to voluntarily seek help with drug or alcohol related dependence or substance abuse problems.

2.0         POLICY

2.1         The Company has established a drug-free workplace program that balances our respect for Individuals with the need to maintain an alcohol and drug-free environment. Employees are expected to work completely free from the influence of alcohol, illegal drugs and/or any prescription drug that impairs and may prevent the employee from reasonably performing their job in a safe and effective manner. If an individual is reasonably suspected of being under the influence of alcohol or drugs in violation of the Company’s drug-free workplace policy, he or she may be required to take a drug and alcohol test as set forth in this policy.

2.2         If any employee incurs a workplace injury or other workplace incident requiring medical attention at a clinic or medical facility, the employee will be tested for possible drugs and alcohol.^[1] If such testing is “positive” for illegal drugs, alcohol, or drugs in which they do not have a valid prescription the employee will be terminated.^[2] If the employee refuses testing during the medical treatment as a result of a workplace injury or workplace incident, that employee will be terminated.

2.3         It is a violation of our drug-free workplace policy to use, possess, sell, trade, distribute and/or offer for sale illegal drugs or intoxicants in the workplace at any time. Any employee who violates this policy will be subject to termination. Illegal drugs, controlled substances and misused over-the-counter or prescription medications have no place in our workplace. Although marijuana is considered to be legal in California and other states with a prescription, federal law mandates marijuana to be an illegal drug. Therefore, any employee who is in possession or under the influence of marijuana while on duty or while on Company property will be subject to discipline and termination as set forth in this policy

2.4         With respect to legal prescription drugs and over the counter medications, it is the employee’s responsibility to understand fully the potential effects of these substances provided to them in the course of legitimate medical treatment and to make certain that they are able to present to work and safely perform work duties. If necessary, the employee must seek medical advice regarding the potential effects. Employees must notify the location EHS Department and/or nurse if they have been informed by their physician that a medication they are taking could impact any of the following:

• impair their ability
• cause hazardous side effects
• use of the drug presents a safety risk while working,

Such notification is similarly required if the label of the medication indicates such a warning. This notification to location EHS and/or nurse must occur prior to using or being under the influence of any such medication. Any employee who is convicted of a criminal drug violation must notify the company in writing within five calendar days of the conviction. The company will take appropriate action within 30 days of notification. Federal contracting agencies will be notified when appropriate.

3.0         PROCEDURE

3.1         Each employee, as a condition of employment, will be required to participate in pre-employment, post-accident and reasonable suspicion testing upon selection or request of management and consistent with applicable law.

A.         All applicants for employment will be required to pass a drug test prior  

 to commencement of employment.

B.         Based on observable facts, such as slurring of speech, limited mobility, erratic behavior, etc., an employee who is reasonably suspected of being under the influence of alcohol or drugs while at work will be required to take a drug and alcohol test.

C.         An employee who refuses to take a drug test when requested will result in termination.

D.         Any employee injured at work requiring medical attention as set forth in  

            Section 2.2 above and any employee involved in a work-related accident

causing property damage or injury to another will be required to take a drug and alcohol test.

E.         Subject to applicable law, the Company requires that employees subject themselves to random drug or alcohol testing.^[3] 

3.2        To ensure the accuracy and fairness of our testing program, all testing will be conducted according to Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines where applicable and will include a screening test, a confirmation test, the opportunity for a split sample, review by Medical Review Officer, including the opportunity for employees who test positive to provide a legitimate medical explanation, such as a physician’s prescription, for the positive result, and a documented chain of custody.