Guidelines for a Drug-Free Workforce
3rd Edition
Sample Drug and Alcohol Abuse Policy
1.
POLICY
1.1 [EMPLOYER NAME] has a vital interest in maintaining a safe,
healthy, and efficient working environment. Being under the influence of a drug
or alcohol on the job poses serious safety and health risks to the user and to
all those who work with the user. The use, sale, purchase, transfer, or
possession of an illegal drug in the workplace, and the use, possession, or
being under the influence of alcohol also poses unacceptable risks for safe,
healthy, and efficient operations.
1.2 [EMPLOYER] has the right and obligation to maintain a safe,
healthy, and efficient workplace for all of its employees, and to protect the
organization's property, information, equipment, operations and reputation.
1.3 [EMPLOYER] recognizes its obligations to its member companies for
the provision of services that are free of the influence of illegal drugs and
alcohol, and will endeavor through this policy to provide drug-and alcohol-free
services.
1.4 [EMPLOYER] further expresses its intent through this policy to
comply with federal and state rules, regulations or laws that relate to the
maintenance of a workplace free from illegal drugs and alcohol.
1.5 As a condition of employment, all employees are required to abide
by the terms of this policy and to notify [EMPLOYER's] management of any
criminal drug statute conviction for a violation occurring in the workplace no
later than five days after such conviction.
2. PURPOSE
2.1 This policy outlines the goals and objectives of [EMPLOYER'S] drug
and alcohol testing program and provides guidance to supervisors and employees
concerning their responsibilities for carrying out the program.
3. SCOPE
3.1 This policy applies to all departments, all employees and all job
applicants. The term employee includes contracted employees.
4. DEFINITIONS
4.1 Alcohol means any beverage that contains ethyl
alcohol (ethanol), including but not limited to beer, wine and distilled
spirits.
4.2 Company premises or company facilities means all
property of [EMPLOYER] including, but not limited to , the offices, facilities
and surrounding areas on [EMPLOYER]-owned or -leased property, parking lots, and
storage areas. The term also includes [EMPLOYER]-owned or -leased vehicles and
equipment wherever located.
4.3 Contraband means any article, the possession of
which on [EMPLOYER] premises or while on [EMPLOYER] business, causes an employee
to be in violation of [EMPLOYER] work rule or law. Contraband includes illegal
drugs and alcoholic beverages, drug paraphernalia, lethal weapons, firearms,
explosives, incendiaries, stolen property, counterfeit money, untaxed whiskey,
and pornographic materials.
4.4 Drug testing means the scientific analysis of
urine, blood, breath, saliva, hair, tissue, and other specimens of the human
body for the purpose of detecting a drug or alcohol.
4.5 Illegal drug means any drug which is not legally
obtainable; any drug which is legally obtainable but has not been legally
obtained; any prescribed drug not legally obtained; any prescribed drug not
being used for the prescribed purpose; any over-the-counter drug being used at a
dosage level other than recommended by the manufacturer or being used for a
purpose other than intended by the manufacturer; and any drug being used for a
purpose not in accordance with bona fide medical therapy. Examples of illegal
drugs are cannabis substances, such as marijuana and hashish, cocaine, heroin,
methamphetamine, phencyclidine (PCP), and so-called designer drugs and
look-alike drugs.
4.6 Legal drug means any prescribed drug or
over-the-counter drug that has been legally obtained and is being used for the
purpose for which prescribed or manufactured.
4.7 Reasonable belief means a belief based on
objective facts sufficient to lead a prudent person to conclude that a
particular employee is unable to satisfactorily perform his or her job duties
due to drug or alcohol impairment. Such inability to perform may include, but
not be limited to, decreases in the quality or quantity of the employee's
productivity, judgment, reasoning, concentration and psychomotor control, and
marked changes in behavior. Accidents, deviations from safe working practices,
and erratic conduct indicative of impairment are examples of "reasonable belief"
situations.
4.8 Under the influence means a condition in which a
person is affected by a drug or by alcohol in any detectable manner. The
symptoms of influence are not confined to those consistent with misbehavior, nor
to obvious impairment of physical or mental ability, such as slurred speech or
difficulty in maintaining balance. A determination of being under the influence
can be established by a professional opinion, a scientifically valid test, such
as urinalysis or blood analysis, and in some cases by the opinion of a
layperson.
5. EDUCATION
5.1 Supervisors and other management personnel are to be trained in:
a. detecting the signs and behavior of employees who may be using
drugs or alcohol in violation of this policy;
b. intervening in situations that may involve violations of this
policy;
c. recognizing the above activities as a direct job responsibility.
5.2 Employees are to be informed of:
a. the health and safety dangers associated with drug and alcohol use;
b. the provisions of this policy.
6. PROHIBITED ACTIVITIES
6.1 Legal Drugs
a. The undisclosed use of any legal drug by any employee while
performing [EMPLOYER] business or while on [EMPLOYER] premises is prohibited.
However, an employee may continue to work even though using a legal drug if
[EMPLOYER] management has deter- mined, after consulting with [EMPLOYER'S]
health and/or human resources officials, that such use does not pose a threat to
safety and that the using employee's job performance is not significantly
affected. Otherwise, the employee may be required to take leave of absence or
comply with other appropriate action as determined by [EMPLOYER] management.
b. An employee whose medical therapy requires the use of a legal drug
must report such use to his or her supervisor prior to the performance of
[EMPLOYER] business. The supervisor who is so informed will contact [EMPLOYER'S]
designated human resources officials for guidance.
c. [EMPLOYER] at all times reserves the right to judge the effect that
a legal drug may have on job performance and to restrict the using employee's
work activity or presence at the workplace accordingly.
6.2 Illegal Drugs and Alcohol
a. The use, sale, purchase, transfer, or possession of an illegal drug
or of alcohol by any employee while on [EMPLOYER] premises or while performing
[EMPLOYER] business is prohibited.
7.
DISCIPLINE
7.1 Any employee who possesses, distributes, sells, attempts to sell,
or transfers illegal drugs on [EMPLOYER] premises or while on [EMPLOYER]
business will be discharged.
7.2 Any employee who is found to be in possession of or under the
influence of alcohol in violation of this policy will be subject to discipline
up to and including discharge.
7.3 Any employee who is found to be in possession of contraband in
violation of this policy will be subject to discipline up to and including
discharge.
7.4 Any employee who is found through drug or alcohol testing to have
in his or her body a detectable amount of an illegal drug or of alcohol will be
subject to discipline up to and including discharge except that, depending on
the circumstances of the case and the employee involved, the employee may be
offered a one-time opportunity to enter and successfully complete a
rehabilitation program that has been approved by [EMPLOYER]. During
rehabilitation, the employee will be subject to unannounced drug or alcohol
testing. Upon return to work from rehabilitation, the employee will be subject
to unannounced drug or alcohol testing for a period of 60 months. Any test that
is confirmed as positive during or following rehabilitation will result in
discharge.
8. DRUG AND ALCOHOL TESTING OF JOB APPLICANTS
8.1 All applicants for employment, including applicants for part-time
and seasonal positions and applicants who are former employees, are subject to
drug and alcohol testing.
8.2 An applicant must pass the drug test to be considered for
employment.
8.3 An applicant will be notified of [EMPLOYER'S] drug and alcohol
testing policy prior to being tested; will be informed in writing of his or her
right to refuse to undergo such testing; and will be informed that the
consequence of refusal is termination of the pre-employment process.
8.4 An applicant will be provided written notice of this policy, and
by signature will be required to acknowledge receipt and understanding of the
policy.
8.5 If an applicant refuses to take a drug or alcohol test, or if
evidence of the use of illegal drugs or alcohol by an applicant is discovered,
either through testing or other means, the pre-employment process will be
terminated.
9. DRUG AND ALCOHOL TESTING OF EMPLOYEES
9.1 [EMPLOYER] will notify employees of this policy by:
a. Providing to each employee a copy of the policy, and obtaining a
written acknowledgement from each employee that the policy has been received and
read.
b. Announcing the policy in various written communications and making
presentations at employee meetings.
9.2 [EMPLOYER] may perform drug or alcohol testing:
a. Of any employee who manifests "reasonable belief" behavior.
b. Of any employee who is involved in an accident that results or
could result in the filing of a Workers' Compensation claim.
c. On a random basis of any employee.
d. Of any employee who is subject to drug or alcohol testing pursuant
to federal or state rules, regulations or laws.
9.3 An employee's consent to submit to drug or alcohol testing is
required as a condition of employment and the employee's refusal to consent may
result in disciplinary action, including discharge, for a first refusal or any
subsequent refusal.
9.4 An employee who is tested in a "reasonable belief" situation may
be suspended pending receipt of written tests results and whatever inquiries may
be required.
10. APPEAL OF A DRUG OR ALCOHOL TEST
RESULT
10.1 An applicant or employee whose drug or alcohol test reported
positive will be offered the opportunity of a meeting to offer an explanation.
The purpose of the meeting will be to determine if there is any reason that a
positive finding could have resulted from some cause other than drug or alcohol
use. [EMPLOYER], through its health and/or human resource officials, will judge
whether an offered explanation merits further inquiry.
10.2 An employee whose drug or alcohol test is reported positive will
be offered the opportunity to:
a. Obtain and independently test, at the employee's expense, the
remaining portion of the urine specimen that yielded the positive result;
b. Obtain the written test result and submit it to an independent
medical review at the employee's expense.
10.3 The employee may use [EMPLOYER'S] medical benefits, to the extent
that coverage may apply, for meeting the costs of 10.2 (a) and (b);
10.4 During the period of an appeal and any resulting inquiries, the
pre-employment selection process for an applicant will be placed on hold, and
the employment status of an employee may be suspended. An employee who is
suspended pending appeal will be permitted to use any available annual leave in
order to remain in an active pay status. If the employee has no annual leave or
chooses not to use it, the suspension will be without pay.
11. REHABILITATION AND EMPLOYEE
ASSISTANCE
11.1 Rehabilitation assistance in lieu of discharge may be offered:
a. To any employee who has requested rehabilitation assistance,
provided that the request is unrelated to an identification of the employee as a
violator of this policy.
b. To any employee who has violated this policy, provided that the
violation does not involve selling or transferring illegal drugs, or serious
misconduct.
11.2 An employee who is in rehabilitation will be suspended, except
that--when indicated by the circumstances of the case and the written
recommendation of a licensed physician or recognized rehabilitation
professional--an employee may be permitted to work while undergoing
rehabilitation on an outside-of-work basis. The written recommendation must
include a statement to the effect that the employee's presence in the workplace
will not constitute a safety hazard to the employee, co-workers or others.
11.3 An employee whose rehabilitative therapy involves drug
maintenance, hospitalization or detoxification will not be considered for the
exception from suspension described in 11.2.
11.4 An employee who is in rehabilitation or who has completed
rehabilitation will be allowed to return to work upon presentation of a written
release signed by a licensed physician or recognized rehabilitation
professional. The release must include a statement to the effect that the
employee's presence in the workplace will not constitute a safety hazard to the
employee, co-worker or others.
11.5 Rehabilitation assistance given by [EMPLOYER] will be:
a. Limited to those medical benefits that may be available in the
employee's medical benefits plan.
b. Obtained through a rehabilitation program that has been
pre-approved by [EMPLOYER].
c. Obtained by the employee during times that will not conflict with
the employee's work time, except that the employee may use any available sick
leave or annual leave to be absent from the job with pay.
11.6 [EMPLOYER] will provide to any employee, upon request and at no
cost to the employee, information concerning local resources that are available
for the treatment of drug and alcohol related problems.
12. INSPECTIONS AND SEARCHES
12.1 [EMPLOYER] may conduct unannounced general inspections and
searches for drugs or alcohol on [EMPLOYER] premises or in [EMPLOYER] vehicles
or equipment wherever located. Employees are expected to cooperate.
12.2 Search of an employee and his or her personal property may be
made when there is reasonable belief to conclude that the employee is in
violation of this policy.
12.3 An employee's consent to a search is required as a condition of
employment, and the employee's refusal to consent may result in disciplinary
action, including discharge, even for a first refusal.
12.4 Illegal drugs, drugs believed to be illegal, and drug
paraphernalia found on [EMPLOYER] property will be turned over to the
appropriate law enforcement agency and the full cooperation given to any
subsequent investigation. Substances that cannot be identified as an illegal
drug by a layman's examination will be turned over to a forensic laboratory for
scientific analysis.
12.5 Other forms of contraband, such as firearms, explosives, and
lethal weapons, will be subject to seizure during an inspection or search. An
employee who is found to possess contraband on [EMPLOYER] property or while on
[EMPLOYER] business will be subject to discipline up to and including discharge.
12.6 If an employee is the subject of a drug-related investigation by
[EMPLOYER] or by a law enforcement agency, the employee may be suspended pending
completion of the investigation.
13.
CONFIDENTIALITY
13.1 All information relating to drug or alcohol testing or the
identification of persons as users of drugs and alcohol will be protected by
[EMPLOYER] as confidential unless otherwise required by law, overriding public
health and safety concerns, or authorized in writing by the persons in question.
NOTE: This sample policy is not intended and should not be
construed to be legal guidance. Anyone who wishes to implement a substance abuse
program should first obtain the advice of legal counsel.
Not all employers will select all of the options outlined in this
policy. It is important that you read every section carefully and decide whether
it applies to your particular program.
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