Sample Drug Policy
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SAMPLE DRUG POLICY
Statement of Policy and Procedures Relating to
Alcohol, Drugs, and Other Controlled Substances
DRUG-FREE WORKPLACE PROGRAM
This program is designed to comply with the regulations of the Drug-free Workplace Act of 1988 (Public Law 100-690) and applicable Federal Regulations.
GENERAL POLICY
(Organization name) and its subsidiaries, have a vital interest in maintaining safe, healthful, and efficient working conditions for its employees. Individuals under the influence of drugs, alcohol, or other controlled substances may cause serious safety and health risks, not only to themselves, but also to others who work with them.
(Organization name) recognizes that the success of its operations is dependent upon the physical and psychological health of its employees. Accordingly, it is the right, obligation, and intent of (Organization name) to take reasonable measures to ensure that alcohol, drugs, and controlled substances do not jeopardize the success of it operations or otherwise affect (Organization name), its employees, or its customers, (collectively referred to as (Organization name), herein.)
With these basic objectives in mind, (Organization name) has established the following policy and procedures with regard to alcohol, drugs, and controlled substances.
All employees will be supplied with a copy of this policy.
1. Alcohol
The use of, or being under the influence of, alcohol by any employee while performing Company business, or while in a Company facility, is strictly prohibited.
2. Controlled Substances
The use, sale, purchase, transfer, manufacture, or possession of a controlled substance by any employee, while in a Company facility or while performing Company business, is prohibited. The presence of an amount of any controlled substance that results in a positive test of any employee, while in a Company facility or while performing Company business, is prohibited. Being under the influence of a controlled substance, while in a Company facility or while performing Company business, is prohibited.
3. Legal Drugs
The use, or being under the influence of, any legally obtainable drug by any employee while in a Company facility or while performing Company business, is prohibited, as such use or influence may affect the safety of others. Employees who are under the influence of a legal drug may continue to work provided management has determined, after seeking appropriate medical counsel, that the employee does not pose a threat to his/her own safety or to the safety of others.
Employees who feel, or have been informed that, the use of a legal drug may impair their performance or present a safety risk, must report the use of such drug to management.
4. Testing
(Organization name) will maintain pre-employment screening practices designed to prevent the hiring of individuals who use illegal drugs or individuals whose use of legal drugs or alcohol indicates a potential for impaired or unsafe job performance.
Testing will take place after the prospective employee’s accident history has been checked and at the time they undergo a pre-employment physical examination. Applicants whose test results are at a positive level for either drugs or alcohol will be rejected for employment.
Any employee involved in an on-the-job accident, whether as the victim, or the probable cause of the accident, will be subject to a blood test, urinalysis, or other drug or alcohol test. However, testing will not be limited to such situations.
(Organization name) at its exclusive discretion, may require its employees to provide a urine specimen or blood sample, at a collection site, and may require the testing of such samples and specimens. A positive-level test may result in disciplinary action at exclusive discretion, including possible termination of employment. An employee’s consent to submit to such a test is required as a condition of employment, and an employee’s refusal to consent may result in disciplinary action at (Organization name)’s exclusive discretion, up to, and including, termination of employment, even for a first refusal.
5. Visitors and Contractors, Subcontractors
The Company strictly prohibits any visitor, contractor or subcontractor from being under the influence of, using selling, purchasing, transferring, manufacturing, or possession of alcohol, drugs, or controlled substances while in a Company facility.
6. Searches
The Company may conduct unannounced searches for illegal drubs or alcohol in Company facilities. It is understood that these facilities are those of (Oganization name), and there is no expectation of privacy in employee lockers and/or other property which belongs to (Oganization name). There is absolutely no basis for the bringing of drugs or alcohol on the premises and locations such as lockers, desks, etc. These areas are the property of (Oganization name), and they, as well as personal belongings, may be searched by the employer when it is considered necessary, at (Organization name)’s exclusive discretion.
7. Employees Duty to Report Drug-related Convictions
Each employee shall notify his/her supervisor of any criminal drug statute conviction for a violation occurring in the workplace, no later than five days after such conviction. “Conviction” includes a conviction after trial, a plea of guilty, or a plea of nolo contendre. Such conviction will constitute a violation of this policy.
8. Employee Responsibilities and Assistance
(Organization name) will offer referral to rehabilitation programs which emphasize education, prevention, counseling, and treatment to employees when problems arise which may affect the employee’s performance, safety and/or the safety of others.
Each employee is responsible for complying with the requirements of this policy and should seek assistance before drug or alcohol problems lead to disciplinary action.
It is understood by management that the Constructions Laborers Health and Welfare Fund has provisions in its health insurance policy for the treatment of drug and/or alcohol abuse.
9. Disciplinary Action
Violation of (Organization name)’s Alcohol, Drug, and Controlled Substance Policy may result in disciplinary action at exclusive discretion. Such disciplinary action could result in termination of employment, even for a first offense.
Any employee who refuses to submit to a search or inspection, refuses to give a urine specimen or blood sample, or is found under the influence of alcohol, drugs, or controlled substances, may
be discharged, at (Organization name)’s_exclusive discretion, up to, and including, possible termination of employment.
10. Definitions
a. Company Facilities - any Company property including, but not limited to, all land (including parking lots), property and buildings owned or leased by (Organization name), as well as any jobsite where (Organization name) is responsible for furnishing products or where (Organization name) employees may perform services for “Property” includes motor vehicles owned by the Company.
b. Controlled Substance - any drug which is not legally obtainable or which is legally obtainable but has not been legally obtained. The term includes prescribed drugs which are not being used for the prescribed purposes.
c. Legal Drugs - all prescribed drugs and over-the-counter drugs which have been legally obtained and are being used for the purpose for which they have been prescribed or manufactured.
d. Under the Influence of - means, for the purpose of this policy, that the employee is affected by a drug, alcohol, or controlled substance, or any combination thereof, 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. This term includes a positive result in a drug or alcohol test.
e. Collection Site - a location for specific applicant/employees to report for the purpose of providing urine specimens and/or blood samples, for testing for the presence of drugs and/or alcohol. The collection of urine specimens is to be conducted under tightly controlled conditions. This site will be separate from the Company facilities, predetermined, and approved by (Organization name).
SUMMARY
Alcohol and drug abuse has become all too common in our society today. To help control this national problem, (Organization name) and its subsidiaries have developed this policy.
The primary purpose of the policy is to promote the safety and well being of all employees. (Organization name) considers it to be inconsistent to promote a strong safety policy while allowing the use of drugs, alcohol, and controlled substances to undermine the safe and effective performance of every employee on the job.
SAMPLE DRUG POLICY
Acknowledgment
By my signature below, I,______, hereby acknowledge that I have read and understood the policy of (Organization name), titled Statement of Policy and Procedures Relating to Alcohol, Drugs, and Other Controlled Substances, and hereby agree to abide by this policy. I understand that (Organization name) may require me to submit to the providing of urine specimens and/or blood samples, for the purpose of analysis for the presence of drugs, alcohol, or controlled substances. I further acknowledge that my cooperation is voluntary, but that my refusal to submit to the collection of a urine specimen or blood sample, may result in disciplinary action, including possible termination of employment, at (Organization name)’s exclusive discretion.
______
Employee Signature Date
______
Signature of Supervisor or Witness Date
SAMPLE DRUG POLICY
Consent and Release
I,______, hereby voluntarily provide a (urine sample) (blood sample) and understand and agree that said sample(s) will be subject to testing for the presence of drugs, alcohol, and controlled substances, and further authorize and agree that the results of the tests will be given to (Organization name).
I understand and agree that (Organization name) may use the results of such tests for decisions related to my employment, my continued employment, or disciplinary actions.
I understand that no one other than (Organization name) will receive the results of the tests without written consent from me.
______
Employee Signature Date
______
Witness Date
The signing of this form will be required for employment and re-employment determinations, and for post-accident evaluations and/or testing when considered necessary by the Company, at its exclusive discretion.
DISCLAIMER
Pinnacol Assurance is providing this SAMPLE DRUG POLICY for informational purposes only. It not designed for use by any reader, business or enterprise, nor is this intended to be legal advice on what a Drug Policy should or should not contain. This SAMPLE DRUG POLICY is designed to be illustrative of the types of policies used and is written in general terms, without specific consideration to individual needs or circumstances. Provisions included my not be applicable to the specific reader or business situation and specific provisions that are applicable may have been omitted from this sample. These materials are not to be used as a substitute for legal or management advice on what is necessary for a valid binding drug policy. Pinnacol Assurance will not be responsible for any consequences arising out of the use of this sample document, and recommends that before implementing a drug policy, advice be obtained from a learned professional knowledgeable in this area.