Drug and Alcohol Policy
As a responsible employer, COMPANY has a compelling interest in establishing programs
to promote and enhance health and safety in the workplace. COMPANY has implemented
a Drug and Alcohol Policy which is directed at protecting the working environment, the
health and safety of employees, co-workers, sub-contractors and the general public.
The Drug and Alcohol Policy combines drug and alcohol testing with education, supervisor
training and access to assistance.
Alcohol and drug misuse in the workplace creates serious problems.
Alcohol and drugs are hazards to productivity, property and personnel. Most importantly,
the use of alcohol and drugs by a few employees jeopardizes the safety of the work place
for all employees. Also, the economic cost of lost output and medical expense is enormous.
Accordingly, our company has strict rules concerning alcohol and drugs in the work place.
The company wants you to be aware of these rules and the results of violations.
PURPOSE
To protect the health, safety and property of employees, the company and the general
public, and to ensure the fitness and ability of employees to perform their duties.
To inform employees and applicants of the company’s policy on substance abuse.
To ensure fair and equitable treatment of employees
DEFINITIONS (also see Attachment A)
Alcohol:
The intoxicating agent in beverage alcohol, ethyl alcohol.
Drugs
For the purpose of this policy, “drugs” include “illegal substances” such as
methamphetamine, heroin, cocaine, the “the illegal -use of controlled substances”
(Narcotic and non-narcotic drugs and other substances including but not limited to the
unauthorized and / or non-medical use of prescription drugs) and “non-controlled”
(over the counter) medicines if they render one unfit for duty. The misuse or abuse of
any substance (including the consumption of alcohol) for the purpose of receiving a
drug-like effect will fall under the prohibition of “drugs.”
Positive Drug Test / Positive Result
A “positive” result is defined as a result at or above specified level as determined by
laboratory quantitative test result and subsequent review by an MRO. .
Possession:
“Possession” includes, but is not limited to, the presence of unauthorized drugs or
alcohol in the possession or control of the employee in the work area, lunch boxes or
other personal areas
Reasonable suspicion
“Reasonable suspicion” means a good faith belief, even if incorrect, that the actions,
appearance, behavior and/or conduct of the employee indicate the use or the state of
being under the influence of alcohol or drugs.
POLICY:
1. Drug and alcohol testing will be required in the following situations:
a. Mandated testing- For example State or Federal regulations requiring testing.
b. Whenever there has been a work-related accident or incident involving personal
injury or property damage. If injury or damage or property damage occurs, all other
personnel involved and/ or in the immediate vicinity may be tested. Note: Medical aid is
the first priority; however, every attempt should be made to test for drugs and alcohol
immediately, or a soon as possible, preferably within one hour of the incident.
c. Whenever there is a reasonable suspicion that substance abuse is taking place.
An employee will be tested for alcohol and or drug use where a company supervisor or
other designated persons, who is trained to identify drug and alcohol, use by an employee,
makes observations which form a reasonable basis for suspecting that the employee is in
breach of this policy. Such observations must be documented, specific, clearly stated
observations concerning the appearance, speech or body odors of the employee.
The observations may include indications of the chronic and withdrawal effects of drug
and alcohol use, and/or the following;
1) Excessive absenteeism;
2) Unexplained absence from work;
3) Poor interpersonal relations on the job;
4) Abnormal work performance or behavior, and/or physical symptoms;
· odor of alcoholic beverage on breath
· slurred speech
· glassy eyes
· unsteadiness in walking, standing, etc.
· flushed face
· disoriented and or drowsy
· accidents or injuries
· repeated errors in job performance
· excessive absenteeism or lateness
· credible complaints of drug and or alcohol use at work
5) discovery of drugs or paraphernalia at the workplace;
6) physical condition or symptoms consistent with drug use; or
7) objective evidence provided by a governmental enforcement agency of
illegal drug use or sale
d. Testing may also be done for the following situations:
Pre-employment – (Drug Only):
For all successful applicants who are offered employment with certain exceptions.
Return to duty – Drug and or Alcohol testing of an employee who has engaged in prohibited
conduct and is returning to work after an assessment by a Substance Abuse Professional
(SAP).
Follow up - on an unannounced basis for at least one year on return after a Substance
Abuse Professional (SAP) assessment identifies the need to resolve a problem with alcohol or drug abuse.
Unannounced / Random drug testing- Testing done without previous notification
Involving testing all employees at a specific site or location and/or testing employees
on a randomly selected basis using a computerized random number generator.
2. Testing may be done for drugs (illicit drugs and/or prescription drugs) and /
or alcohol.
3. The following disciplinary actions are taken when an employee’s drug
test produces a positive reading. The company has the right to immediately
terminate an employee. If the company decides to retain an employee who has tested
positive, that person is subject to unannounced testing. That person may also be
required submit written documentation proving the employee has successfully
completed a substance abuse counseling program.
- When an employee’s test reading is positive, the employee is notified of
the findings.
Positive Screening Tests:
Potential employees who are positive on pre employment drug screening tests will not be
offered employment. An applicant who was positive on the pre employment drug test will
be encouraged to seek assistance from a Substance Abuse Professional and to reapply
for available positions when they can meet the company requirements.
Positive Drug Tests:
Employees who are positive on drug tests as verified by the MRO will be removed from
duty/suspended without pay.
Alcohol Concentration (.02 to .039):
Employees with a confirmed alcohol concentration of .02 to .039 will be removed from
duty immediately and will not be allowed to return to work until the following shift.
The employee may be subject to corrective disciplinary action.
Alcohol Concentration (.04 or Greater):
Employees having a confirmed alcohol concentration of .04 or greater will be removed
from duty/suspended without pay.
Employees Removed from Duty:
Employees removed from duty/suspended having a positive drug test verified by an
MRO and or a confirmed alcohol concentration of .04 or greater will be required to
attend a meeting with Senior management who will review each case and provide written
correspondence of the resources available in evaluating and resolving problems associated
with the misuse of alcohol and or drugs, including the names, addresses and telephone
numbers of Substance Abuse Professionals. Where practical management will endeavor
to meet or contact the employee the next working day and direction will be provided
regarding the suspension and return to work choices.
Substance Abuse Assistance:
Any employee who was removed/suspended from duty having a positive drug test result
verified by an MRO and or a confirmed alcohol concentration of .04 or greater shall be
evaluated by a Substance Abuse Professional who shall determine what assistance, if any,
the employee needs in resolving substance abuse issues.
Policy Enforcement:
In order for this policy to be effective in ensuring that Company employees will perform
their safety sensitive functions unimpaired by alcohol or drugs, the provisions of this policy
must be enforced. Accordingly, where an employee violates any provision(s) of this policy,
the employee may be subject to corrective disciplinary action, as appropriate, up to and
including removal from a client site and or discharge.
- An employee who refuses to sign a release and authorization to submit to any
drug or alcohol screen or test, or refuses to undergo such a test, or refuse to permit
an authorized employed or third partly laboratory to screen/ test and or provide the
results to the company is subject to disciplinary action. Positive test result procedures
will apply, including termination.
No supervisor shall permit an employee who refuses to submit for required testing to
perform or continue to perform safety sensitive functions.
An employee who tampers with, or attempts to tamper with a test sample, or obstructs
the testing process will be considered to have violated this policy.
6. Any submitted sample found to have been altered shall be treated a “positive” test
result AND the employee may be terminated immediately.
7. Specimen samples (for example, urine, blood, hair, and oral fluid / saliva are taken only
under the direction of employees qualified as test administrators / collection personnel
(certified by test manufacturers and / or services providers) and /or a qualified
designated third party.
8. Drug / Alcohol Screens / Tests
Alcohol:
Alcohol screening may be done with breath or oral fluid / salvia. Alcohol screening will
be with an on-site saliva or breath device. All alcohol screening results of .02 or higher
will be confirmed with an approved Evidential Breath Alcohol Testing Device and/or
appropriate clinic / laboratory / hospital. Confirmatory testing may be done via blood,
alcohol, or breath.
Drugs:
Drug testing may be done with blood, urine, oral fluid / saliva, or hair.
Specimens will be collected, screened, and tested for drugs as required.
Oral fluid specimens for on-site screening or lab-based screening and/or testing
may be collected and processed internally by designated and trained personnel.
For laboratory based testing and confirmatory testing, sample will be collected and
testing performed following appropriate chain of custody procedures. The laboratory
will perform required testing with test results forwarded to a Medical Review Officer (MRO)
as required.
- Possession, use or offering for sale of alcohol, drugs or drug paraphernalia on
company or client sites or company vehicles is prohibited. Use of alcohol for social functions
or when it relates to company business is permitted when approved by senior management
who will ensure that the use does not contravene the intent of our policy. Fitness for duty
standard require that an employee be capable of performing work functions in a safe and
efficient manner.
An employee who possesses, sells or attempts to sell illegal drugs and/or
paraphernalia or alcohol while on duty or on the company’s property, jobsite,
worksites or parking areas may be subject to disciplinary action, including discharge.
The Company may also notify law enforcement authorities as appropriate
7. No employee shall report for duty or remain on duty requiring the performance of safety
sensitive functions when the employee uses any drug, except when the use is pursuant to
the instructions of a licensed medical practitioner who has advised the employee that the
substance will not adversely affect the employee’s ability to work safely.
If a licensed medical practitioner advises the employee that the substan
ce will affect the employee’s ability to work in a safety sensitive position, the employee will
notify his/her immediate supervisor. The supervisor will advise senior management of the
circumstances.
8. The company has the right, where there is reasonable cause to believe or
reasonable suspicion that contraband may be present, to search employee’s property
including lunch boxes, purses, lockers, automobiles, etc., on company property or
jobsites without prior warning. Any employee refusing to submit to such a search will be
subject to disciplinary action, including discharge.
Any contraband or suspected contraband (illicit drugs, prescription drugs
without a valid prescription) may be impounded and turned over to the authorities
for examination and/or analysis. A receipt will be issued for any seized property.
9. RETURN to work after a positive test
The Company, solely at its own discretion, may elect to rehire and employee, or let an
employ return to work.
An employee cannot be returned to work for any safety sensitive duties until he/she has
been evaluated by a Substance Abuse Professional, complied with recommendations as
evidence by a signed document form the Substance Abuse Professional, and has a negative
result on a return to duty drug test and or a breath alcohol concentration less than .02.
The employee must provide a written report from the SAP verifying the evaluation and any
required treatment or provide a release document for the required information.
Follow-Up Testing: Follow up testing will be conducted to monitor the returning employee
for no less than one year. The frequency of testing will be determined by the company in
consultation with the MRO and or SAP and will be designed to assist the employee in
remaining alcohol and or drug free at the work site.
10. Time spent by any employee who undergoes a drug test or a search under this policy,
shall be considered compensable time worked.
12. Confidentiality: All drug / alcohol screen and test results are confidential.
Results are to be provided to the designated employee representative (s) (DER) and/or
alternates, laboratory, MRO, and associated service providers. The DER or alternate
may release relevant information to company decision makers as required.
Confidential information from a SAP will be handled in a similar manner.
All records will be maintained in a secure manner.
13. Management has the right to amend or terminate this policy at its discretion.
Attachment A
Alcohol:
The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight
alcohols including methyl or isopropyl alcohol.
Urine Drug Screen / Test:
Any on-site or laboratory screen or quantitative test... The following listing of drugs and
associated cut-off levels are provided as an example only, and may change at any time.
|
Drug or Metabolite |
Screening Level |
Confirmation Level |
|
1. Marijuana metabolites (I) Delta-9-
tetrahydrocannabinol-9-carboxyli acid (THC) |
50 |
15 |
|
2. Cocaine metabolites (Benzoylecgonine) |
300 |
150 |
|
3. Phencyclidine (PCP) |
25 |
25 |
|
4. Amphetamines |
1000 |
|
|
(i) Amphetamine |
|
500 |
|
(ii) Methamphetamine |
|
500 (Specimen must also contain amphetamine at a concentration of greater than or equal to 200 ng/mL.) |
|
5. Opiate Metabolites |
350 |
|
|
(i) Codeine |
|
350 |
|
(ii) Morphine |
|
350 |
|
(iii) 6-acetylmorphine (6-am) |
|
10 (Test for 6-AM in the specimen. Conduct this test only when specimen contains morphine at a concentration greater or equal to 2000 ng/mL.) |
The laboratory will use the cutoff concentrations displayed in the above tables for initial
and confirmation drug tests. All cutoff concentrations are expressed in nanograms per
milliliter (ng/mL).
Oral-Fluid / Saliva Drug Screen / Test:
Any on-site or laboratory screen or quantitative test. The following listing of drugs and
associated cut-off levels are provided as an example only, and may change at any time.
|
Drugs Analyzed |
On-site Screen
Cut-off Levels |
Confirmation Cut-off Levels |
|
ng/ml |
ng/ml |
|
|
|
|
|
Opiates |
|
|
|
Morphine |
4 |
5 |
|
6-AM |
10 |
5 |
|
Codeine |
4 |
5 |
|
Dihydrocodeine |
10 |
10 |
|
Hydrocodone |
10 |
10 |
|
Hydromorphone |
10 |
10 |
|
Oxycodone |
70 |
10 |
|
Oxymorphone |
100 |
10 |
|
|
|
|
|
Marijuana |
|
|
|
Delta-9-tetrahydrocannabinol
CAS No. 1972-08-3 |
4 |
2 |
|
|
|
|
|
Cocaine |
|
|
|
Cocaine |
20 |
8 |
|
Benzoylecgonine |
10 |
8 |
|
|
|
|
|
Amphetamines |
|
|
|
Methamphetamine |
50 |
50 |
|
MDMA (Ecstasy) |
50 |
50 |
The laboratory will use the cutoff concentrations displayed in the above tables for initial and
confirmation drug tests. All cutoff concentrations are expressed in nanograms per milliliter
(ng/mL).
Note: Results of a breath alcohol analysis are expressed in terms of weight to volume,
weight of alcohol (expressed in grams) per volume of breath ( 210 liters ).
Evidential Breath Alcohol Testing Devices screen at the .020 level.
Substance Abuse Professional (SAP):
A licensed Physician (Medical Doctor or Doctor of Osteopathy), licensed or certified
psychologist, social worker, employee assistance professional, or an addictions counselor.
All must have knowledge of and clinical experience in the diagnosis and treatment of alcohol,
drugs and related disorders.
Medical Review Officer (MRO):
The MRO is a licensed physician (Medical Doctor or Doctor of Osteopathy) responsible
for receiving laboratory results generated by an employer’s drug testing program that has
knowledge of substance abuse disorders and has appropriate medical training to interpret
and evaluate an individual’s confirmed positive test result together with his or her medical
history and any other relevant bio medical information.
Safety Sensitive Position/Function:
A position or function where an individual has a key and direct role in an operation
where safety is a bond fide occupational requirement at the job, in that safety is necessary
to assure the efficient and economical performance at the job without endangering the
employee, their fellow employees or the general public. Includes employees where there
is no direct or limited supervision available to provide frequent operational checks.
Supervisor Training:
Training shall include the physical, behavioral, speech and performance indicators of
probable alcohol or drug misuse.
Test Administrator or Sample / Specimen Collector:
Non medical and/or medical personnel, employees or third parties contracted the
Company or a Third Party; that have received training in collecting urine or oral fluid
samples (or blood, hair) in accordance with guidelines that would be acceptable to
general industry practice and/or relevant regulations, statutes, or regulatory agencies.
Chain of Custody:
The process of documenting the handling of a specimen from the time a donor gives
the specimen to the collector, during the testing at the laboratory, and until the results
are reported by the laboratory and MRO.
Evidential Breath Testing Device (EBT):
Capable of measuring the alcohol content of samples with sufficient accuracy for evidential purposes.
Breath Alcohol Technician (BAT):
An individual trained and certified to conduct breath alcohol testing utilizing an EBT.
Alcohol Concentration:
The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters
of breath.
20 (.02%) – 99 (.099%) mg%
100 (.10%) - 199 (.199%) mg%
200 (. 20%) - 299 (.299%)mg%
300 (. 30%)- 399 (.399%) mg%
400 (. 40%) mg%
The blood alcohol concentration, saliva/oral fluid, or breath alcohol level are the most
accurate test for alcohol use if one is looking to determine very recent use. The level is
easily determined, though does require simple equipment. The BAC can also be correlated
with physical signs and symptoms:
0.02 — 0.03 BAC: No loss of coordination, slight euphoria and loss of shyness. Depressant
effects are not apparent. Mildly relaxed and maybe a little lightheaded.
0.04 — 0.06 BAC: Feeling of well-being, relaxation, lower inhibitions, sensation of warmth.
Euphoria. Some minor impairment of reasoning and memory, lowering of caution.
Your behavior may become exaggerated and emotions intensified (Good emotions are better,
bad emotions are worse)
0.07 — 0.09 BAC: Slight impairment of balance, speech, vision, reaction time, and hearing.
Euphoria. Judgment and self-control are reduced, and caution, reason and memory are
impaired (in some* states .08 is legally impaired and it is illegal to drive at this level).
You will probably believe that you are functioning better than you really are.
( * —As of July, 2004 ALL states had
passed .08 BAC Per Se Laws. The final one took effect in August of 2005.)
0.10 — 0.125 BAC: Significant impairment of motor coordination and loss of good judgment.
Speech may be slurred; balance, vision, reaction time and hearing will be impaired.
Euphoria. It is illegal to operate a motor vehicle at this level of intoxication in all states.
0.13 — 0.15 BAC: Gross motor impairment and lack of physical control.
Blurred vision and major loss of balance. Euphoria is reduced and dysphoria* is beginning t
o appear. Judgment and perception are severely impaired.
( * —Dysphoria: An emotional state of anxiety, depression, or unease.)
0.16 — 0.19 BAC: Dysphoria predominates, nausea may appear. The drinker has the
appearance of a "sloppy drunk."
0.20 BAC: Feeling dazed/confused or otherwise disoriented. May need help to stand/walk.
If you injure yourself you may not feel the pain. Some people have nausea and vomiting
at this level. The gag reflex is impaired and you can choke if you do vomit.
Blackouts are likely at this level so you may not remember what has happened.
0.25 BAC: All mental, physical and sensory functions are severely impaired.
Increased risk of asphyxiation from choking on vomit and of seriously injuring yourself by
falls or other accidents.
0.30 BAC: STUPOR. You have little comprehension of where you are.
You may pass out suddenly and be difficult to awaken.
0.35 BAC: Coma is possible. This is the level of surgical anesthesia.
0.40 BAC and up: Onset of coma, and possible death due to respiratory arrest.
The degree of impairment is affected by the level of tolerance, though a BAC greater
than 150 if not showing signs of intoxication or any time the BAC is > 300 usually can
indicate that alcohol dependence may be present.
The half–life of the BAC is 4 hours and a BAC level of 0.1% or 100 mg% (the legal limit
in some states) returns to zero (alcohol completely metabolized and excreted) in most
people in 8–10 hours, thus due to this rapid elimination, it is a poor test outside this
timeframe.
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