Substance Abuse Policy
Jackson County Memorial Hospital is entrusted with the responsibility of providing quality health care and a safe, healthy and efficient working environment. We recognize that drug dependency and alcoholism are a significant hazard to patients and employees. This policy is adapted to follow the Standards For Workplace Drug and Alcohol Testing Act – Title 40 Okla. Stat. Sec. 551 et seq.
Jackson County Memorial Hospital asserts the right of employees to engage in their personal, off-duty activity. However, if an employee’s impaired job performance can be attributed to drug or alcohol activities, the Hospital has a legitimate right to intervene. Employees who are under the influence of drugs or alcohol present safety and health risks to themselves, patients and co-workers, thereby resulting in a detrimental effect upon our high standards of quality patient care.
I. PURPOSE:
To establish and maintain a safe, healthy working environment for all employees, patients and visitors as well as ensure a good reputation of the institution within the community. The purpose is also to reduce the incidence of accidental injury to persons or property and reduce absenteeism, tardiness and/or poor job performance.
II. POLICY:
It is the policy of Jackson County Memorial Hospital to:
A. Maintain a safe, healthy working environment for all employees, free from the influence of alcohol and drugs in order to ensure the excellent reputation of the Hospital, its employees and its high standards of patient care.
B. Provide assistance to employees in meeting their responsibility to correct or alleviate their substance abuse problem through our Employee Assistance Program, and by utilizing organizations capable of providing the best rehabilitation assistance
C. Utilize constructive disciplinary measures, if appropriate, in order to address impaired employees who pose a hazard to patients and co-workers.
In summary: Under no circumstances will the possession, sale, use, purchase or distribution of illegal drugs or alcoholic beverages by employees in the work place be tolerated nor will the continuing effects of off premises usage be tolerated. A consequence of this type of behavior on the part of an employee is appropriate for discipline, which could possibly include immediate discharge. This policy applies in the broadest sense to depressants, stimulants, narcotics, and hallucinogens. Misuse of prescribed drugs, as well as alcohol, is also prohibited.
III. DEFINITIONS:
A. Alcohol or alcoholic beverages: Any beverage that may be legally sold and
consumed and that has an alcoholic content.
B. Drug: Any substance (other than alcohol) capable of altering the mood, perception, pain level or judgement of the individual consuming it.
C. Prescribed Drug: Any substance prescribed for the individual by a licensed medical practitioner.
D. Illegal Drug: Any drug or controlled substance, the sale or consumption of which is illegal.
IV. RESPONSIBILITIES:
A. Vice President of Human Resources is responsible for establishing and implementing policies and procedures necessary to ensure that this policy is consistent with the organization’s objective. This individual is also responsible for confidentiality of the records.
B. Director/Supervisor is responsible for implementing procedures within their area of responsibilities to assure implementation of this policy.
C. Employee Health Nurse is responsible for facilitating and administration of this policy by being available for advice and counsel.
D. Medical Review Officer shall be responsible for interpreting and evaluating individual test results together with the individual’s medical history and any other relevant information.
E. Employee Assistance Program Practitioner is responsible for receiving formal referrals and making appropriate recommendations in accordance with the Employee Assistance Program.
F. Employee is responsible for adhering to the conditions as outlined in this policy.
Substance Abuse Policy
V. EMPLOYEE ASSISTANCE PROGRAM:
Jackson County Memorial Hospital maintains an Employee Assistance Program (EAP) for all employees and their dependents. The purpose of this program is to provide professional assessment, counseling and referral to the appropriate community resources. An employee may obtain assistance from the Hospital’s EAP for himself/herself or his/her dependents on the basis of a SELF REFERRAL, which means that the employee or his/her dependent is voluntarily seeking and accepting assistance fro drug and/or alcohol problems. An employee may be referred to our EAP Practitioner by means of an INFORMAL SUPERVISORY REFERRAL; in the event a Supervisor perceives that an employee’s problem with substance abuse is affecting his/her work performance. A Director or Supervisor may refer an employee to the EAP Practitioner by means of a FORMAL REFERRAL whenever the Director or Supervisor believes that a substance abuse problem exists that my jeopardize the health or safety of the employee, or patients or fellow workers.
VI. AMERICANS WITH DISABILITIES ACT OF 1990:
Employment discrimination against any “qualified individual with a disability” is prohibited by Section 104 of Title I of the Americans with Disabilities Act of 1990. A “qualified individual with a disability” is defined as a person who:
A. Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has been otherwise rehabilitated.
B. Is participating in a supervised rehabilitation program and is no longer engaged in illegal drug use.
C. Is erroneously regarded as engaging in illegal use of drugs, but is not engaging in such.
VII. LEGAL/ILLEGAL DRUGS:
Legal drugs are those specifically prescribed by a medical licensed practitioner and used by the individual for whom the drugs are prescribed consistent with that prescription. Also included are over-the-counter drugs not requiring prescriptions, which are being used according to the package instruction. ALL OTHER DRUGS AND ALCOHOL ARE ILLEGAL DRUGS FOR THE PURPSES OF THIS POLICY.
According to the ADA, illegal use of drugs means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act. Furthermore, the ADA does not protect the use of illegal drugs and the illegal use of prescription drugs that are controlled substances because of their abuse and potential for abuse. An employer can deny employment to or discharge individuals on the basis of illegal drug use because the individual would not be a “qualified individual with a disability.”
Employees are required to report the use of any legal drug that may impair their job performance to their Supervisor. Employees who do not report the use of a legal drug that may present a safety risk, or may interfere in any way with their job performance to their Supervisor are subject to the same provisions outlined in Section IX of this policy.
VIII. PROHIBITION OF DRUGS AND ALCOHOL:
Management has a number of rights that are not limited by Americans with Disabilities Act. Specifically under Section 104, the Hospital has the right to:
· Prohibit illegal drug use and the use of alcohol at the work place.
· Require that employees be free from the influence of alcohol and not engage in illegal drug use at the work place.
· Support standards of the Drug Free Work Place Act of 1988, which requires that employee behavior conform to requirements established under the Act.
· Hold employees who are alcoholics or who engage in illegal drug use to the same qualification standards for employment or job performance and behavior to which other employees are held, even if unsatisfactory performance or behavior is related to drug use or alcoholism.
IX. EMPLOYEE WHO VIOLATE THIS POLICY:
A. For the purpose of the Jackson County Memorial Hospital Substance Abuse Policy, the use, sale, purchase, manufacture, transfer, or possession of drugs and alcohol by any employee while on company premises or while performing hospital business is prohibited and is grounds for immediate termination.
B. An employee will not be permitted to work while under the influence of alcohol or drugs, except that an employee who is using legal drugs and who has reported that usage under the procedure set forth in this
Substance Abuse Policy
policy, may continue to work if it has been determined under this policy that the use of the legal drug does not present a safety risk or adversely affect the employee’s job performance.
C. When there is reasonable suspicion to believe that an employee is under the influence of alcohol or drugs, he or she will be sent for drug and/or alcohol screening tests.
D. Any employee who is arrested or convicted of the illegal sale or use of narcotics, alcohol, drugs or other controlled substance while off the job and away from the hospital premises is considered to be in violation of this policy. In deciding what action is appropriate, management will take into consideration the nature of the charges and any litigating circumstances surrounding the situation.
X. DRUG AND ALCOHOL TESTING
A. All applicants for employment will submit to drug screening as a condition for employment at the Hospital.
B. The drugs tested for will include the following:
* Amphetamines (stimulants) *Phencyclidine (PCP)
* Babiturates (sedatives) *Propoxyphene (Darvon)
* Benzodiazepines (tranquilizers) *Meperidine (Demerol)
* Cannabinoids (marijuana metabolite) *Butorphanol (synthetic narcotic)
* Cocaine *Fentanyl (synthetic narcotic)
* Methadone *Nalbuphine (Nubain)
* Opiates (Morphine, Heroin) *Alcohol
A person who tests positive on a test for illegal drug use is considered a “current” drug user under the ADA, where the test correctly indicates that the individual is engaging in illegal use of a controlled substance or alcohol.
“Current” drug use means that the illegal use of drugs occurred recently enough to justify an employer’s reasonable belief that involvement with drugs or alcohol is an ongoing problem. It is not limited to the days of use, or recent weeks or days for purposes of employment action. A “current user” is not entitled to protection that may be available to former users who have been or are in rehabilitation.
XI. DRUG AND ALCOHOL TESTING FOR REASONABLE SUSPICION:
A. Any employee will be required to submit to an immediate drug and/or alcohol screening test whenever a “reasonable suspicion” exists that the employee is under the influence of alcohol or drugs when reporting to work or when acting within the course of employment. Positive test results for any illegal drugs or a breath/blood alcohol level (1) of 0.05% to 0.09% may be grounds for disciplinary action up to, and including suspension and/or discharge, (2) of 0.10% or greater may be grounds for immediate termination of employment.
B. Positive test results for legal drugs will be evaluated by the Medical Review Officer. If it is determined that use of these legal drugs have adversely affected job performance, it will result in disciplinary action up to and including termination of employment.
C. “Reasonable Suspicion” will include, but not be limited to, the following:
1. Observation of slurred speech, red, watery and glassy eyes, dilated or constricted pupils, the smell of alcohol, unusually poor coordination, abnormal physical reactions, irrational or unexplainable behavior, impairment in social function or mental slow down.
2. Observable phenomena, such as:
a. The physical symptoms or manisfestations of being under the influence of a drug or alcohol while at work or on duty.
b. The direct observation of drug or alcohol use while at work or on duty.
3. A report of drug or alcohol use while at work or on duty, provided by reliable and credible sources and which has been independently corroborated.
4. Evidence that an individual has tampered with a drug or alcohol test during his/her employment with the current employer.
Substance Abuse Policy
5. Evidence that an employee is involved in the use, possession, sale, solicitation or transfer of drugs while on duty or while on the employer’s premises or operating the employer’s vehicle, machinery, or equipment.
6. Any employee involved in a serious accident or injury.
7. Major violations of safety rules or procedures, which potentially jeopardize the well being of the patients, visitors, or co-workers.
8. Instances where controlled substances are reported missing, tampered with or diverted and the employee is a potential suspect.
9. Instances where law enforcement agencies or reliable third party sources report information to the Hospital directly related to employee substance abuse problems.
10. Possession of drug paraphernalia on Hospital premises.
D. Where there is “reasonable suspicion” that an employee is in violation of this policy and, at the discretion of Jackson County Memorial Hospital, any vehicle, pocket, package, purse, briefcase, tool box, lunch box, or other container brought onto Hospital property and any locker, desk, file or other stationary container provided by the Hospital will be searched with notification given to the employee in order to ensure a work environment free of illegal drugs. The employee will be required to sign a consent form authorizing the search of said items. Failure to sign the consent form will result in disciplinary action up to and including termination of employment.
E. When there is “reasonable suspicion” to believe that an employee is under the influence of drugs or alcohol, the employee will be required to submit to a drug-screening test. The drug and/or alcohol screening testing will be administered utilizing the following procedure:
1. Day Shift: Whenever the employee working on day shift is suspected of violating the substance abuse policy, the employee’s Supervisor should contact the Vice President of Human Resources or his designee and set-up an immediate consultation. After investigating the situation, should the parties determine that “reasonable suspicion” exists to suspect the employee of violating the policy, a Certified collector for JCMH will direct the employee to sign the consent form for the drug and/or alcohol screening test. If the employee fails to consent to the drug and/or alcohol-screening test, the employee will be subject to termination of employment. The employee will be given an opportunity to list the drugs he/she may have taken within the last thirty (30) days and identify any legal drugs currently being taken. If any of the legal drugs include prescription medication, the employee may be required to provide Medical Review Officer with the physician’s prescription to verify the employee’s claim that the use of the medication is pursuant to a medical prescription. After the employee signs the consent form, he/she will be tested for alcohol and/or drugs.
2. Evening, Nights and Weekend Shifts: Whenever there is a “reasonable suspicion” that an employee, working evenings, nights, or weekends, is under the influence of drugs or alcohol, the Nursing Supervisor on duty will be notified. After investigation of the situation, the Nursing Supervisor will consult with Senior Management on-call or the Vice President of Human Resources and determine if there is sufficient evidence to warrant the administration of a drug and/or alcohol-screening test. If the decision is made to require the employee to consent to a drug and/or alcohol-screening test, the same procedure that is used for day shift employees will be utilized for evening, nights, and weekend employees.