Drug Screening Sample

The following should be considered an example regarding policy or possible procedures to be used as guidelines for possible implementation.  It is recommended that any implemented policy be reviewed by an attorney familiar with employment and occupational law prior to any implementation.

SAMPLE

SUBSTANCE ABUSE POLICY (Sample)

PURPOSE
A company that is interested in maintaining a safe, healthful, and efficient workplace would benefit from the use of an alcohol or performance impairment drug evaluation process, thus limiting avoidable injuries, damage to property and potential productivity loss.

STATEMENT OF POLICY
In an effort to maintain a safe and productive work environment, the employees are prohibited from the following:

  1. The unlawful manufacturing, distribution, dispensing, possession, or use of alcohol or controlled substances, or misusing or abusing prescribed or over-the-counter drugs.
  2. Having present in their possession during work hours, detectable levels of illegal drugs or alcohol.
  3. The violation of any federal or state laws relating to drugs or alcohol.
  4. With exception, is the authorized possession of drugs as prescribed by a physician and used in accordance to the prescription instruction. With exception to prescription medication used in such a way, that it would pose a safety risk to the employee, themselves, or others or to the public.

EMPLOYER RESPONSIBILITIES
As a condition of employment, each employee must:

  1. Abide by the substance abuse policy.
  2. Notify the company of any criminal drug statute convictions for violation of federal or state regulations to drug and alcohol abuse, or possession while on or using company property no later than five (5) days after such conviction.
  3. Employees who are required to submit reasonable suspicion or post accident testing agree to accept, at the companies discretion, transportation to location where the test will be conducted, and to their residence.

PENALTIES
Any employee who violates the substance abuse policy shall be subject to discipline up to and including termination. Nothing in this policy changes the at-will employment relationship. An employee may be terminated at any time or without cause or notice.

DEFINITIONS:
"Alcohol" means beer, wine, and all items of distilled liquors containing "Drugs" means any substance, other than alcohol, that has known mind or function-altering effects on a person, including psychoactive substances "Prescribed drugs" means any substance prescribed for use by the employee by a licensed medical.

DRUG AND ALCOHOL TESTING POLICY
Pre-placement testing:

  1. Each applicant for a position in the company will be subject to the companies
  2. All offers of employment to applicants will be contingent upon the applicant taking a drug and/or alcohol test in accordance with the company policy and successful passing.
  3. The applicant who refuses to submit to a pre-placement testing when requested, or refusing to sign a companies consent form will not be employed by the company.
  4. If the applicants test is positive for any prohibited substance, he or she will not be employed by the company.

RANDOM / PERIODIC TESTING

  1. The company, at its discretion, may institute a program of random testing of current employees. This program will include testing of all personnel at a job site or computerized random selection program of individuals through out the year.
  2. If selected for random test, the employee is to go immediately to a collection site and submit a urine or breath sample for alcohol testing.
  3. Refusal to submit a sample or properly complete a document for random tests will be a refusal to test, which will require discipline up to and including termination.

POST ACCIDENT TESTING

  1. Employees involved in a work-related injury, regardless of severity, that requires professional medical treatment, will be subject to a drug and/or alcohol test.
  2. Employees involved in an accident or safety-related incident of any kind while in the companies vehicle, while on company time, or on company property, will be subject to a drug and/or alcohol test.
  3. The company may require an employee who contributes to an accident to be tested, if there is reasonable cause to believe that the accident may have resulted from drug or alcohol use.

REASONABLE SUSPICION TESTING

  1. When the company has reasonable suspicion that the employee may be affected by drug and/or alcohol, a test may be conducted immediately.
  2. Employees suspected of being unfit for duty will be escorted by supervisor or designated company representative, to an authorized testing facility. The employees cooperation with the escort and collection procedure will be required.
  3. Refusal to cooperate in the collection / testing process, or refusal to take the tests will require disciplinary action up to and including termination.

CONFIDENTIALITY

Only those authorized to receive results will be allowed to discuss these results with the supervisor or employee. Individuals in the company will be notified of the results on a limited, need-to-know basis. No laboratory initial screen test results shall appear in the personnel folder. Information of this nature will be included in a separate file. Drug and alcohol tests will be released to a decision-maker in a lawsuit, grievance, or other proceeding, such as Workers Compensation Unemployment Insurance claim form (initiated by or on behalf of the donor). Use of prescription drugs in the event that the employee is under the care of a physician and is taking prescribed medication, which may impair his or her abilities to perform a job safely, or effectively, the employee must inform his or her manager in advance of starting work. It is at the managers discretion as to whether the employee may continue to perform normal assigned duties or to the be reassigned to the duties (available) until the employee provides a physicians release to perform normal duties.