Print

Skills >> Browse Articles >> Tools and Policies

+1

Drugs and Alcohol Policy

March 08, 2008

The Drugs and Alcohol policy documents the company’s intention to maintain its property and to provide a drug-free work environment that is both safe for its employees, including others having business with the Company or on Company property, and conducive to efficient and productive work standards. This policy restricts certain items and substances from being brought on or being present on Company property, including its parking areas and its vehicles, prohibits Company employees and all others from reporting to work, working, or being present on Company property, nondependent of whether on duty, from having detectable levels or identifiable trace quantities of certain drugs and other substances, and prohibits the unauthorized possession, by employees or others, of certain materials. Prohibited items, policy enforcement, penalties for violations, off-work expectations regarding use of alcohol and drugs, and the definitions of drugs, are all listed in this policy.

Subject: Drugs and Alcohol

Organization: Anonymous

Example of: Standard Policy

To help ensure a safe, healthy, and productive drug-free work environment for the employees of the Company, ABC, Inc., hereinafter referred to as “Company,” and others on Company property, to protect Company property and assets, maintain favorable public image, and to ensure efficient operations, the Company has adopted a policy on drugs, alcohol, and other prohibited items.

It is the policy of the Company to maintain its property and to provide a drug-free work environment that is both safe for our employees, including others having business with the Company or on Company property, and conducive to efficient and productive work standards. This policy restricts certain items and substances from being brought on or being present on Company property, including its parking areas and its vehicles, prohibits Company employees and all others from reporting to work, working, or being present on Company property, nondependent of whether on duty, from having detectable levels or identifiable trace quantities of certain drugs and other substances, and prohibits the unauthorized possession, by employees or others, of certain materials.

Prohibited Items

The use, possession, sale, manufacture, distribution, dispensing, concealment, receipt, transportation, or being under the influence of any of the following items or substances on Company property (including the presence of detectable levels or identifiable trace quantities), by employees and all others, is prohibited:

• Illegal drugs, controlled substances, marijuana, intoxicants (legal or illegal), “look-alike” substances, designer drugs, counterfeit or synthetic drugs, inhalants, and any other drugs or substances that will, in any way, affect safety, work ability, alertness, coordination, judgment, response, or the safety of others on the job.

• Alcoholic beverages, except as specifically authorized by Company management. (Note: Moderate use of alcohol at Company-approved meetings, or in an appropriate social setting, is not prohibited by this Policy.) Consuming alcoholic beverages while driving or driving any vehicle for Company business while intoxicated is prohibited. The consumption of alcohol on Company time or on Company property is prohibited.

• Drug paraphernalia.

• Prescription drugs and over-the-counter medications, except under the following conditions:

a. The drugs have been prescribed by an authorized medical practitioner for current use (within the past 12 months) for the person in possession of the drugs.

The drugs/medications, both prescribed and over-the-counter, are limited to a 1 day’s supply, or must be kept in their original container and must be taken in accordance with the dosage recommendations and usage cautions and generally must not affect the person’s ability to perform work safely.

c. The Company reserves the right to consult with a medical doctor to determine if a drug or medication, whether prescribed or not, produces hazardous or unsafe effects and may restrict the use of any such drug or medication accordingly on Company property. The Company also reserves the right to require an employee to undergo a fitness for duty medical examination by a physician of the Company’s choosing. This may also include restricting or altering the individual’s work activity or presence at the worksite.

Policy Enforcement

Because of the importance of this policy, the Company reserves the right, at all times, while on Company premises and property and when circumstances warrant, to have Company supervisors and/or authorized Search and Inspection Specialists, including scent-trained dogs, conduct searches and inspections of employees, or other persons, and their personal property and effects, to include, but not be limited to, lunch boxes, purses, briefcases, baggage, offices, desks, clothing, and vehicles (including trunks, glove compartments, etc.), for the purpose of determining if such employees or other persons are using, possessing, selling, manufacturing, distributing, dispensing, concealing, receiving, or transporting any of the prohibited items and substances contained in the policy.

The employee’s supervisor and a senior company officer have the right to conduct an on-the-spot search and inspection of employees, or others, and their personal property and effects, as described, if said supervisor has a reason to believe that employees, or others, are in direct violation of any part of this policy. All searches and inspections conducted by outside authorized specialists will be in the presence of a senior company officer.

All employees are expected to cooperate with any investigation regarding this policy. Failure to cooperate, providing false information, or omitting information may subject any employee to disciplinary action up to and including termination of employment.

A Search and inspection, as defined herein, may also include and require employees and others present on Company property to submit to a urine drug screen test and/or blood test or other examination. Tests/inspections may be required under the following circumstances:

a. During preemployment examinations.

When an employee’s supervisor has reason to believe that an employee on Company property is using or under the influence of prohibited drugs, alcohol, and substances, or that there has been a violation of this policy.

c. When an employee, or other person, is found in possession of suspected illegal or prohibited drugs and substances, or when any of these drugs and substances are found in an area controlled or used exclusively by said employee or other person.

d. When an employee returns to active employment after a leave of absence of 30 or more days.

e. Following an on-the-job injury requiring treatment from a physician or following a serious or potentially serious accident or incident, including near misses, in which safety precautions were violated, unsafe instructions or orders were given, vehicles/equipment/property was damaged, or unusually careless acts were performed. All persons involved and within the immediate vicinity of the incident may have their urine and blood tested. If it is impossible or impractical, because of the physical condition of the individual(s) involved in the accident, to give a urine and blood sample, and if in subsequent medical treatment of the person(s) blood will be drawn, this blood sample will be analyzed for drugs, alcohol, and other prohibited substances.

f. Randomly (periodically and unannounced). Random testing, other than to meet current specific jobsite requirements, will not commence until 30 days following the date of this policy; however, applicants for employment shall be subject to testing as of the date of this policy. The search, inspection, urine, and/or blood drug screening provisions herein will be performed with concern for the personal privacy of each employee, or other person, and will also apply to contract labor, when feasible.

All persons shall have the opportunity, before testing, to list all prescription and nonprescription drugs they have used in the last 30 days and to explain the circumstances surrounding the use of such drugs. All records containing medical information will be maintained in accordance with applicable law.

Drugs Usually Tested For and Levels of Detection

1) Drug or Metabolite in Urine: Amphetamine (includes Methamphetamine)

Initial Test (Emit) (GC/MS): 1.000 ng/ml

Confirmation Test (GC/MS): 500 ng/ml

2) Drug or Metabolite in Urine: Barbiturate

Initial Test (Emit) (GC/MS): 300 ng/ml

Confirmation Test (GC/MS): 300 ng/ml

3) Drug or Metabolite in Urine: Benzodiazepine

Initial Test (Emit) (GC/MS): 300 ng/ml

Confirmation Test (GC/MS): 300 ng/ml

4) Drug or Metabolite in Urine: Cannabinoid (Marijuana, hashish)(carboxy THC)

Initial Test (Emit) (GC/MS): 20 ng/ml

Confirmation Test (GC/MS): 15 ng/ml

5) Drug or Metabolite in Urine: Methadone

Initial Test (Emit) (GC/MS): 300 ng/ml

Confirmation Test (GC/MS): 150 ng/ml

6) Drug or Metabolite in Urine: Opiate: Morphine, Codeine

Initial Test (Emit) (GC/MS): 300 ng/ml

Confirmation Test (GC/MS): 300 ng/ml

7) Drug or Metabolite in Urine: Opiate: Morphine, Codeine

Initial Test (Emit) (GC/MS): 300 ng/ml

Confirmation Test (GC/MS): 300 ng/ml

8) Drug or Metabolite in Urine: Methaqualone

Initial Test (Emit) (GC/MS): 300 ng/ml

Confirmation Test (GC/MS): 300 ng/ml

9) Drug or Metabolite in Urine: Phencyclidine (PCP)

Initial Test (Emit) (GC/MS): 25 ng/ml

Confirmation Test (GC/MS): 25 ng/ml

10) Drug or Metabolite in Urine: Ethanol (Enzyme Assay)(GC/FID)

Initial Test (Emit) (GC/MS): .04/%w/volume

Confirmation Test (GC/MS): .04/%w/volume

h4. Penalties for Violating Policy

Any employee found in violation of this policy, or who refuses to submit to a search or urine and/or blood analysis, shall be removed from Company property and be subject to disciplinary action, up to and including termination of employment.

Any employee ordered to submit to a urine and/or blood test shall be informed of the reasons why he or she is being ordered to submit the specimen. Any employee failing, after a 3-hour period, to submit the specimen will be informed that this refusal constitutes failure to obey a direct order and that this is grounds for termination.

Any employee who, as a result of drug testing and screening, is found to have detectable levels or identifiable trace quantities of a prohibited drug or substance in his or her system, regardless of when or where the drug or substance entered that person’s system, without an explanation satisfactory to the Company, will be considered in violation of this policy, will be removed from Company property, and will be subject to disciplinary action, up to and including termination of employment. Additionally, if employment is continued, such employees may be required to submit to random drug screens and/or to participate in and successfully complete a substance abuse program.

Preliminary findings of a policy violation may require that the employee be suspended, without pay, pending the results of a Company investigation. If said investigation clears the employee of any policy violation, said employee will be fully reinstated, including pay, to his or her job.

An employee, or anyone else, who in any way alters, tampers with, or substitutes a urine or blood specimen will be considered a violator of this policy and the employee shall be discharged. A nonemployee shall be removed and barred from Company premises. The Company may take into custody any illegal, unauthorized, or prohibited items or substances and may turn them over to the proper law enforcement agencies.

Off-the-Job Drug and Alcohol Substance Use and Activity

Employees who use drugs, alcohol, or chemical substances off the job run the risk of jeopardizing the safety of themselves, their family, the public, and the Company. Whenever such usage adversely affects public trust in the Company or otherwise interferes with the Company’s ability to carry out its responsibilities, or increases potential liability for the Company, the Company may be forced to take disciplinary action against the offending employee(s), up to and including termination of employment. Employees who are convicted or plead guilty or nolo contendere because of off-the-job activities (drug or alcohol related) may be considered in violation of this policy. In deciding what action to take, the Company will consider the nature of the charges and other factors relative to the impact of the employee’s conviction or plea on the conduct of the Company’s business.

Savings Clause

If any part of this policy is held invalid by a competent authority, such part shall be invalid and the remainder of the policy shall continue in full force and effect.

Employment At Will

Like all other Company policies, this policy does not alter the employment-at-will relationship. Any employee may terminate his or her employment at any time without cause and the Company retains the same right.

Definitions

To aid in understanding and administering this policy, the following definitions apply:

Company property/company premises-includes all property, facilities, land, offices, buildings, structures, fixtures, installations, equipment, boats, vessels, barges, aircraft, automobiles, trucks, all other vehicles, and parking areas, whether owned, leased, used, or under the control of the Company.

Controlled substances-chemical substances and drugs controlled under the laws of the United States of America or by appropriate state law. Anything that one can consume, but cannot purchase at will.

Designer drugs—any drug which, through the alteration of the chemical structure of an illegal drug, is manufactured, sold, and used or intended to be used to produce the desired effect of the parent drug.

Detectable levels/identifiable trace quantities-the measurable presence of an illegal or prohibited drug or substance found in bodily fluids at levels of detection above the lowest cutoff levels, as established by the analytical methods used by the testing laboratory. Drug paraphernalia—includes, but not limited to:

1. Blenders, bowls, containers, spoons, and mixing devices used or intended for use in compounding controlled substances.

2. Capsules, balloons, envelopes, and other containers used or intended for use in concealing or packaging of controlled substances.

3. Hypodermic syringes, needles, or other objects designed or intended for injecting controlled substances into the human body.

4. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, etc., into the human body, such as pipes, (metal, wooden, glass, acrylic, stone, plastic, or ceramic, with or without screens), water pipes, carburetion tubes and devices, smoking and carburetion masks, roach clips, or other objects used to hold smoking materials: chamber pipes, electric pipes, air-driver pipes, bongs, ice pipes, and rolling paper (e.g., Zig-Zag, E-Z Wider, Job, Joker) not associated specifically with tobacco products.

Illegal drugs-drugs that are not legally obtainable and drugs that are legally obtainable, but have been obtained illegally.

Look-alike drugs—substances which may be legal to possess, such as caffeine, but which are manufactured and sold in such a manner that they have the physical appearance of a controlled substance and are represented as such.

Possession—actual or constructive care, custody, control, or immediate access.

Proprietary information—information or knowledge, written or otherwise, either owned or of an exclusive or confidential nature. Reason to believe—a belief based on reasonable observable, objective, or articulable facts sufficient to lead a prudent supervisor to suspect that the employee or other person has been using a prohibited drug, alcohol, or substance. The following are examples of such facts: discovering a cache of marijuana, receiving tips of cocaine use during working hours, tips of drug dealing, tips of concealed weapons, discovering bullets and shell casings in a workroom, increased incidents of absenteeism, increased incidents of physical altercations, an increase in errors, observation of drug use, observation of possession of drugs, observation of physical symptoms of being under the influence of a drug, a pattern of abnormal conduct that indicates drug abuse, erratic behavior that indicates drug abuse, arrest or conviction for a drug-related offense, identification of an employee as the focus of a criminal investigation into illegal drug possession, use or trafficking, and newly discovered evidence that the employee has tampered with a previous drug test.

Under the influence—being unable to perform work in a safe and productive manner, being in a physical or mental condition that creates a risk to the safety and well-being of the individual, other employees, the public, or company property and/or having any laboratory evidence of the presence of drugs, alcohol, prohibited, or controlled substances, in excess of an identifiable trace quantity and regardless of quality, in the body.

This policy supersedes any and all other Company drug policies.

EMPLOYEE MUST SIGN


Poll: How do you feel about crying at work?

Poll: How do you feel about crying at work?