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Safety Program - Drug-Free Workplace ProgramPurpose Policy Therefore, it is the policy of [COMPANY] to ensure a workplace that is free of illegal drugs and to eliminate illegal drug use by all employees in the [COMPANY] workplace, including, to the extent possible, contractor employees. To achieve this policy and as a deterrence to illegal drug use, [COMPANY] established a comprehensive drug-prevention program that emphasizes the following: [COMPANY] employees who are using illegal drugs should be offered the opportunity for rehabilitation. [COMPANY] provides drug education and training, employee counseling and assistance, and voluntary drug testing for all employees. [COMPANY] employees will be treated with personal dignity, and their privacy will be respected in reaching [COMPANY]'s goal of a drug-free workplace. [COMPANY] guarantees that disciplinary action will not be taken against employees who voluntarily identify themselves as users of illegal drugs and who otherwise comply with the provisions of this Plan. While it is [COMPANY]'s intent to help employees overcome their drug-related problems, it must be clear to all that illegal drug use by employees will not be tolerated. Active participation and support of labor organizations can contribute to the success of this program. [COMPANY] will seek ways in which recognized bargaining unit representatives might assist in program implementation, such as in acquainting employees with rehabilitation facilities and by enhancing employee confidence in the program. [COMPANY] will include union representatives in general employee orientation programs. It is the policy of [COMPANY] that its workplace be free from the illegal use, possession of, or distribution of controlled substances, by the officers and employees of [COMPANY]. The possession and distribution of controlled substances will be dealt with promptly in accordance with legal and administrative disciplinary procedures. However, the policy's primary goal is to ensure that illegal drug use is eliminated and that [COMPANY]'s workplace be safe, healthful, productive, and secure. Nature, Frequency, And Type Of Drug Testing Pre-employment testing. Random testing of employees in safety sensitive positions. Reasonable-suspicion testing. Involvement in accidents or unsafe-practices. Voluntary testing. Testing as part of and as a follow-up to counseling or rehabilitation. The frequency of testing will depend on the type of testing to be conducted. Generally, 10 percent of the testing pool shall be subject to random testing each year. However, [COMPANY] management reserves the right to increase or decrease the frequency and testing percentage of any category of drug testing, consistent with the duty to achieve a drug-free workplace.
Responsibilities Human Resources Manager Ensuring the implementation of this program Drug Program Manager (DPM) Reporting to the Human Resources Manager on the status of the Drug-Free Workplace Program. Overseeing implementation of this program on a company-wide basis. Coordinating all Drug-Free Workplace Program activities wherever possible to conserve resources and to accomplish reliable and accurate testing efficiently. Arrange for all testing authorized under this Plan. Ensure that all employees, subject to random testing, receive individual notice and that such employees return a signed acknowledgment of receipt. Coordinate administrative actions with management when a finding of illegal drug use occurs under this Plan. Provide educational materials and training to managers, supervisors, and employees on illegal drugs in the workplace to include the recognition and documentation of facts and circumstances that support a reasonable suspicion that an employee may be using illegal drugs. Assist supervisors whose employees have performance and/or personal problems that may be related to illegal drug use. Monitor the progress of referred employees during and after the rehabilitation period. Maintain a list of rehabilitative and treatment organizations that provide counseling and rehabilitative programs. Employee Assistance Program (EAP) Administrator Perform the lead role in the development, implementation, and evaluation of the EAP. Assist the EAP Coordinator and counselors in establishing their local EAP's. Advising on and preparing statistical reports. Medical Review Officer (MRO) Reviewing laboratory test results of employees. Ensuring that an individual who has tested positive has been afforded an opportunity to justify the test result. Evaluating and determining if the positive test result is justified or unjustified, based on an assessment Consistent with confidentiality requirements, referring written determinations regarding all verified positive test results Supervisors Supervisors will become familiar with the requirements of this program, especially the provisions concerning ensuring employees that their personal dignity and privacy will be respected. Except as modified by [COMPANY] management to suit specific program responsibilities, all supervisors will attend a training session on illegal drug use in the workplace. Supervisors may recommend a reasonable suspicion test, after first making appropriate factual observations and documenting those observations and obtaining approval from the appropriate management officials. Upon a finding of illegal drug use, supervisors will refer employees to an EAP Administrator for assistance in obtaining counseling and rehabilitation. Upon a finding of illegal drug use, supervisors will initiate appropriate disciplinary action Supervisors will assist management and the EAP Administrator in evaluating employee performance and/or personnel problems that may be related to the use of illegal drugs.
Training and Education Supervisory Training Since supervisors have a key role in establishing and monitoring a drug-free workplace, [COMPANY] shall provide training to assist supervisors in recognizing and addressing illegal drug use by [COMPANY] employees. Supervisory training will be required of all supervisors and may be presented as a separate course or be included as part of an ongoing supervisory training program. Training will be provided as soon as possible after a person assumes supervisory responsibility; however, failure to receive such training will not invalidate otherwise proper management decisions relating to this program. The purpose of supervisory training is to provide the following information: [COMPANY] policies relevant to work-performance problems, drug use, and the [COMPANY] EAP. The rights of employees. The responsibilities of offering EAP services. The ways that performance and behavioral changes should be recognized and documented. The roles of the medical staff, supervisors, personnel, and EAP Administrator How to use the [COMPANY] EAP. How EAP relates to the performance appraisal and the disciplinary process. The process of reintegrating employees into the workforce who have successfully completed a rehabilitative program. Employee Education Drug education for all employees includes the following: Objectives of the program Types and effects of drugs. Rights of the employee. Symptoms of drug use and the effects on performance and conduct. The relationship of the EAP to the Drug-Free Workplace Program. Other relevant treatment, rehabilitative, and confidentiality issues. Means of Education Drug education activities may include the following: Distribution of written materials. Videotapes. Lunchtime employee forums. Employee drug-awareness days. Testing For Illegal Drugs Technical Guidelines For Drug Testing [COMPANY]'s Drug-Free Workplace Program shall have trained collection personnel, a laboratory certification program, analytical standards and quality assurance requirements for urinalysis procedures, and strict confidentiality requirements. All laboratories designated for analyzing drug tests must be approved by the MRO. All tested employees will receive written notification of their test results. If the verification test indicates the presence of an illegal drug, the MRO will contact the employee and provide him/her the opportunity to justify the positive test result. If the employee chooses to offer an explanation for the positive test result, he/she may present to the MRO any information and/or declare any condition he/she believes might have affected the test result (e.g., prescribed medication). The MRO will consider all information provided. Employees are not entitled to present evidence to the MRO in a trial-type administrative proceeding, although the MRO has the discretion to accept evidence in any manner he/she deems most efficient or necessary. If the MRO determines that the employee's justification for the positive test result is adequate, the employee will be so notified, in writing, by the DPM, and the testing procedure is concluded at this point. If the MRO determines that the employee's justification for the positive test result is not sufficient, the findings are forwarded to the DPM for further action. Upon receipt of MRO findings the DPM shall advise the employee that he/she may request a second test of the specimen and will arrange contact with the MRO, if desired. The second test will be conducted at the same [COMPANY]-contracted laboratory, at [COMPANY] expense. The employee can also request a second test at another certified laboratory. In such instances, the contracted laboratory used by [COMPANY] will send a portion of the original sample to the laboratory designated by the employee. The cost of this test shall be paid by the employee. Privacy Provision Any individual, subject to testing under this program, shall be permitted to provide urine specimens in private and in a rest room stall or similar enclosure so that the employee is not observed while providing the sample, except in those cases where collection-site personnel, with the approval of the DPM, have reason to believe the individual may alter or substitute the specimen to be provided. Such belief should be supported by one of the following: The individual's behavior suggests that he/she is under the influence of drugs at the time of the test. The individual has previously been found by [COMPANY] to be an illegal-drug user. At the time of testing, the individual is found to possess the means of tampering or altering urine samples. The individual has previously tampered with a sample. Notice To Employees A general notice announcing the [COMPANY] Drug-Free Workplace Program was provided to all employees at least 60 days prior to the implementation date of this Plan which explained: The purpose of the [COMPANY] Drug-Free Workplace Program. That the Program included both voluntary and mandatory testing. That those who held positions selected for random testing would also receive an individual notice, prior to the commencement of testing, indicating that their position had been designated as safety sensitive.. The availability and procedures necessary to obtain counseling or rehabilitation through the EAP. The circumstances under which testing may occur. That opportunity will be afforded to submit medical documentation of lawful use of an otherwise illegal drug. That the laboratory assessment is a series of tests which are highly accurate and reliable and that, as an added safeguard, laboratory results are reviewed by the MRO. That all medical and rehabilitative records will be deemed confidential "patient" records and may not be disclosed without the prior written consent of the patient, except for the conditions or situations required by law. . That a verified positive test result may only be disclosed to: a. The employee. b. The appropriate EAP Coordinator. c. Any management employee whose duties necessitate review of the test result in order to process an adverse personnel action against the employee. d. A court of competent jurisdiction or where required by the U.S. Government to defend against any adverse personnel action. That [COMPANY] may conduct reasonable-suspicion, accident, or unsafe-practice testing without regard to the 60-day notice requirement. Types Of Testing Random Testing - Employees occupying safety sensitive positions are subject to random testing. The frequency of and the percentage of the random testing will be determined according to management's needs. Individual Notice - In addition to the general notice, an individual notice will be distributed to all employees subject to random testing, explaining, in addition to the information provided in the general notice, the following: (1) The employee's position has been designated a safety sensitive position. (2) The employee has the opportunity to identify himself/herself voluntarily as a user of an illegal drug and to receive counseling or rehabilitation. (3) It is [COMPANY] policy that disciplinary action will not be taken against employees who are found to be using an illegal drug, if the employee accomplishes the following: (a) Voluntarily identifies himself/herself as a user of an illegal drug. (b) Successfully completes counseling and rehabilitation. (c) Thereafter refrains from using illegal drugs. b. The employee will be subject to random testing no sooner than 30 days after the date of this notice. c. Each employee in a safety sensitive position shall be asked to acknowledge, in writing, that the employee has received and read the notice that states that the employee's position has been designated for random drug testing, and that refusal to submit to testing will result in initiation of disciplinary action, up to and including removal. d. If the employee refuses to sign the acknowledgment, the employee's supervisor shall note on the acknowledgment form that the employee received the notice. This acknowledgment shall be collected and maintained by the DPM. e. An employee's failure to sign the notice shall not preclude testing that employee or otherwise affect the implementation of the program since the general 60-day notice will have previously notified all employees of the requirement to be drug free. Notification of Selection. An individual selected for random testing, as well as, the first-level supervisor, will be notified, preferably, on the same day that the test is scheduled and within 2 hours of the scheduled testing. The supervisor will explain to the employee that the employee is under no suspicion of taking drugs, and that the employee's name was selected randomly. Deferral of Testing. If the first- and second-level supervisors agree, an employee's test may be deferred, if a compelling need necessitates a deferral on the following grounds: (1) The employee is in an approved leave status (administrative, annual, sick, or leave-without-pay status); (2) The employee is in official travel status or is about to embark on official travel; or (3) The employee needs to perform a task or function that is time critical and for which no other employee can be substituted. An employee whose test is deferred will be subject to an unannounced test within the 60 days following the deferral. Employee Counseling and Assistance While participating in a counseling or rehabilitative program, the employee may be exempted from the random testing for a period not to exceed 60 days or for a time period specified in an abeyance contract or rehabilitative plan approved by [COMPANY] management. Upon successful completion of the counseling or rehabilitative program, the employee will immediately be returned to the random test pool and will be subject to follow-up testing. Reasonable-Suspicion Testing Individuals Subject to Reasonable-Suspicion Testing. Reasonable-suspicion testing may be required of any employee in a position that is designated for random testing when there is a reasonable suspicion that the employee uses illegal drugs whether on or off duty. Reasonable-suspicion testing may also be required of any employee in any position when there is reasonable suspicion of on-duty drug use or on-duty drug impairment. Reasonable-suspicion testing does not require certainty; however, undocumented "hunches" are not sufficient to warrant such testing. Among other things, reasonable-suspicion testing may be based upon the following: (1) Observable phenomena, such as direct observation of drug use or possession and/or the physical symptoms of being under the influence of a drug; (2) Arrest or conviction in the last year for a drug-related offense or the identification of an employee as the focus of a criminal investigation into illegal-drug possession, use, or trafficking (e.g., distribution of a
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