LeadingAge Washington

April 28, 2009

Sample Member Drug Policies/Procedures

DRUG-FREE WORKPLACE (DFW)

In an effort to constructively address the destructive impact that drug and alcohol abuse can have on the work environment, the following rules and testing procedures will apply.

  1. Rules
  1. All employees are prohibited from using or being under the influence of alcohol or illegal drugs during working hours, including break and lunch times.
  1. The use, sale, possession, transfer or purchase of illegal drugs or alcohol on WesleyHomes’ property or while performing company business or while attending company sponsored activities is strictly prohibited.WesleyHomes reserves the right to notify and involve appropriate law enforcement agencies.
  1. Prescription drugs may only be brought onto company premises by the employee for whom the prescription drug is prescribed. It is not permissible to use someone else’s prescription medication or to dispense personal prescription drugs to others. All legally prescribed drugs should only be used in the manner, combination and quantity prescribed. The use of prescription drugs in a manner that is inconsistent with the prescription may be considered a use of illegal drugs under this policy.
  1. Drug means any substance other than alcohol capable of altering an individual’s mood, perception, pain level or judgment, including but not limited to prescribed drugs (any substance, prescribed by a licensed medical practitioner, for individual consumption) or illegal drugs (any drug or controlled substance, the sale or consumption of which is illegal).
  1. Testing
  1. Pre-Employment Screening
  1. Applicants are required to submit to a drug test through our designated collection site after an offer of employment has been made. Applicants will not begin to work for WesleyHomes until a negative test result is received.
  1. Refusal to submit to a drug test or a verified positive test result will be used as a basis for not hiring.

  1. Reasonable Cause

An employee may be required to undergo drug testing if (Community Name) has reasonable cause to believe that this policy is being violated.(Community Name) shall have sole discretion to determine when Reasonable Cause exists for testing. Examples of when Reasonable Cause might exist include but are not limited to:

  1. An employee showing unexplained signs of impairment such as difficulty maintaining balance, slurred speech or appearing unable to perform work in a safe and satisfactory manner.
  1. Abnormal conduct or erratic behavior.
  1. An unexplained deterioration of compliance with the standards set in the Employee Handbook such as work performance, attendance, safety, etc.
  1. A documented arrest for a drug or drug related offense on or off campus.
  1. Identification of an employee, by legal authorities, as the focus of a criminal investigation into illegal drug possession, use or trafficking.
  1. Reports of violations of this policy.
  1. Accidents resulting in personal injury or damage to property.
  1. Random Testing

All employees of (Community Name), regardless of their position, department or exempt status, will be subject to random drug testing.(Community Name) will not discriminate against anyone participating in a random drug screen and will keep the results of any drug test confidential.

  1. Alcohol Testing

(Community Name) reserves the right, for job related or business necessity reasons, to require an employee to undergo an alcohol test or submit to an evaluation for alcohol dependency.

  1. Positive Test Results or Refusal to Test

A verified positive test result will be grounds for termination. Refusal to submit to pre-employment testing or a verified positive pre-employment test will be used as a basis for not hiring. Refusal to submit to reasonable cause testing or random testing will be grounds for termination.

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We do our testing inhouse, so it is easy for us. At my last facility we had to have someone drive them to the testing facility due to possible liability issues of sending someone we suspected was under the influence of drugs out driving while "on duty".

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We have tested employees for specific performance issues and whenever a work comp injury occurs. They are always sent to the testing center by "taxi".

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We do our own drug tests, including for suspected use. The only time we would take the employee elsewhere is if there is suspected tampering with the urine sample or some other abnormality. At that point our administrator would determine how the employee would be transported and who would accompany them.

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The first time it was with two key management staff that were suspected of taking some resident meds. We sat with each of them separately and told them they needed to go to the drug testing site within the next hour or two – we did it during work time so that it was more convenient. Most drug testing sites are drop in, so it’s not a big deal.Someone should call ahead of time to make sure you know which type of drug/alcohol screening you are having the employee(s) do.Expenses vary as do the wide array of tests/drug screenings.
Those staff went on their own, and came back with a time stamped receipt, so we knew it had happened.
Another time I had caught someone on staff with alcohol on her breath and then we found cold beer cans in her purse in a resident’s room. I personally transported her down to the site b/c time is of the essence when it is for alcohol screening. Not all drug testing sites do alcohol screening. Results can be somewhat determined at the time of screening (depending on what tests are done) or sometimes they take up to 48 hours.

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We have our own clinic and when they have happened the administrator has escorted them to the clinic to have it done.

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We do some of our drug testing on site when it is for cause, however there has been a time when I have had to drive an employee to a drug testing facility for a test. I also offered a taxi ride home.

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We have a “policy” that if an employee is being sent for a drug test because of suspected use we drive them down. For us the issue is one of liability. If they are in an accident driving to or from the test site and we allowed them to drive when we suspected they were under the influence of drugs, then we may have a liability. Our policy states that if they insist on driving themselves, even if they refuse to go for a drug test, we will tell them that we may contact local law enforcement to inform them that they are driving a vehicle and are suspected of being under the influence. We’ve never had an employee drive off. They have requested us to call a family member to come and pick them up and take them home. It is very inconvenient to take a supervisor away from work to transport the employee to the drug test, but it is the only way to be sure it is handled correctly.

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First you need your policy for drug testing in the employee manual and it should be specific as to whom and when you test. I worked for a company that tested randomly once a quarter.I received a call from the corporate office during the first week of the quarter.They would pick a month and tell us “everyone with a birthday in February (or whatever month) will be tested today”.

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We contracted with a company who mailed the test kits to us and management staff monitored the sample collection. The sample receptacles were clear and had a temperature indicator on the plastic bottle. The collection procedure was very specific. The employee tested was present when the sample was packed. Their initials along with the manager’s initials were placed in the sealed sample bag with the specimen. The sample was then mailed to the lab and results followed in about a week.

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I have worked for companies who mandate testing when an employee injures themselves on the job. I have heard that drug and alcohol are a factor in as many as 80% of work injuries. I personally think this is a good idea to test when an employee is injured on the job.

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Our testing company said that the threshold for a “positive” outcome to a tested sample requires a level higher than that of an occasional user. For instance, if an employee smoked a left handed cigarette about once a month then the THC level would not be high enough to trigger a “positive” response.

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I had a fellow administrator institute mandated drug testing for all employees. She lost about 1/3 of her staff that week. Few tested positive but were unhappy about how the mandated drug testing was implemented. This is a sensitive topic so should be thought through carefully.

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Many local clinics are able to provide the testing service. When we ask for a drug test for an employee we take them to the clinic. We usually select an honest but unthreatening manager or key employee to take them to the clinic for the drug test.

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We do drug testing on site and we set it up with Sterling Reference Laboratories out of Tacoma. They will send a representative to your building to explain how the process works and will help you set up policies and procedures for how to conduct the testing. You actually mail in the urine sample via regular postal service so it's quick and easy. We usually get the results back within a week. There are also saliva tests that can be used for certain substances. It's been well-worth the effort here in our building.

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We currently do not accompany the employee to the test site because I feel it puts the transporter in a difficult, if not dangerous position. If we suspect someone is on drugs we alert the drug test site that the employee will be coming in, then the employee is notified either in person or by phone to report for the test by the end of the day. If they do not report for the test in the time frame allowed it is considered grounds for termination. This is written into our policy.

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I had one employee who was suspected of drug use. She was a night shift worker. She was asked to come in one morning for a meeting, at which time I sat down with her and explained in detail our suspicions. As per our policy (see attached) she was then escorted to our drug testing site (our rural health clinic) by me. We are lucky becauseour campus contains notonly our assisted living facility, rural clinic, but our hospitalas well, so there wasn't a need for any long drive somewhere.I sat with her until the test was over. Once the suspicion has been brought forth, she cannot be left alone until after the test is completed. She was then put on paid leave until the results of the test came back (which was like a day or so). She ended up being clean and apologies were given - I know that sounds awful for her, but understanding the alternative (thinking you have an employee who is using drugs and working with vulnerable adults) I think is worse.

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Our ADNS suspected alcohol consumption by one of our NACs, based on smelling alcohol on his breathe. We transported the employee to the drug screen site. I would not want to take responsibility for putting someone on the road that had been suspected of alcohol or drug consumption. I don’t remember if we sent him home after the test or not. But that would put your company under the same liability, at least in this state.

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If you have reasonable cause you are responsible to provide transport for a medical evaluation. I have experienced using an ambulance as well as management transporting.

These details should be spelled out clearly in your policies – perhaps that is the reason for the question. Next, when we have sent an employee for testing due to our suspicions, we have provided transportation to the test site and back (or home).

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US Healthworks does a drug screen that we have used with suspected drug use. We did not escort, but did verify with US that the employee did get there minutes after he/she left our place of business.

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We have had some experience related to this subject.We did the following:

Covered employee’s shift with another staff member. Manager explained to employee they were going to escort employee for a supervised drug test.

Manager or trusted employee escorted staff member to testing lab and accompanied them (except for the actual procedure of giving the urine).

Manager explained to employee that they were suspended until the drug results came back and that if they were positive they would be terminated and if negative then the suspension would be lifted and as soon as results were in the employee would be notified.

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We’ve had our program for over 6 years. Whenever we have a drug test for ‘suspicion’ a supervisor drives the employee to and from the test. Sometimes the employee chooses not to be tested and therefore voluntarily terminates their employment.

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