Drug-free Workplace Program

OVERVIEW

The advantages of a drug-free workplace for both patrons and staff are innumerable. Only in such an environment can you truly build strong kids, strong families, and strong communities. Because it is necessary for your mission you should not take anything for granted and should not assume that everyone who walks through your doors feels similarly.

That means you need to make a statement and take a stand. To do so legally there are some things that you need to do – these are found in the program template that follows. Specifics that need to be altered to make the program your own are highlighted.

The program details purpose, policy, and definitions as well as prohibited activities, testing, and voluntary referral. An employee acknowledgement and consent form is also provided.

Establishing a drug-free workplace is a natural fit for any child-serving organization. It can be done inexpensively and unobtrusively, depending on how much control you wish or need to establish. The benefits are generally found not only in a safer environment for patrons and staff, but in increased attendance, reduced healthcare and workers’ compensation costs, etc. Implementing a drug-free workplace policy is definitely a win-win proposition.

1

Drug-Free Workplace Program

DRUG-FREE WORKPLACE PROGRAM

TABLE OF CONTENTS

I Purpose...... 1

II Policy...... 1

IIIDefinitions...... 2

IV Prohibited Activities and Remedial Action...... 2

VTesting...... 3

VI Other Provisions...... 3

VIIVoluntary Self Referral...... 4

VIIIReturn to Duty...... 5

FormAcknowledgement and Consent...... 6

AppendixDrug-Free Workplace Act of 1988 – 41 USC Chapter 10...... 7

§ 701Drug-free workplace requirements for Federal contractors...... 7

§ 702Drug-free workplace requirements for Federal grant recipients....9

§ 703Employee sanctions and remedies...... 10

§ 704Waiver...... 11

§ 705Regulations...... 11

§ 706 Definitions...... 12

§ 707Construction ofchapter...... 12

DRUG-FREE WORKPLACE PROGRAM

I – Purpose

This Drug-Free Workplace Program is to create and apply a fair and consistent policy regarding the use of controlled substances in order to model appropriate behavior to the children and families whom we serve, help reduce accidents, and increase the productivity and quality of life of our employees.

II – Policy

<INSERT NAME> prohibits

  • the unlawful manufacture, distribution, dispensation, possession, and use of illegal controlled substances or illegal drugson the jobor on its owned or controlled premises
  • its employees from being under the influence of legal controlled substances or legal drugs on the job if such influence impairs the employee’s ability to safely and effectively perform the essential functions of his or her job – it is the responsibility of the employee to read the labels of and/or consult a pharmacist regarding medications being taken to understand potential side effects and their possible impact on the employee’s duties in the workplace
  • its employees from being under the influence of illegal drugson thejob or on Campowned or controlled premises regardless of the effect of such drugs on performance.

<INSERT NAME> reserves the right to perform drug testingif your association/organization does not utilize pre-employment testing, eliminate the two major bullet points; the sentence would read “…reserves the right…testing of current employees.”

  • of applicants before employment (post offer), which will be stated in the offer letter <if you do not use an offer letter (1) you should because its use will clarify several points of the employment relationship; (2) the reference to offer letter should be removed.>
  • of current employees <if any form of testing is only for testing-designated positions then those positions must be identified below – if none are identified it is assumed that all employees are subject to that form of testing
  • randomly
  • for reasonable cause
  • after the following determine the form of testing your association/organization will use and delete any of those belowthat you will not – note that many are inclusive, e.g., any incident includes everything below it, as does any accident; if you elect either of those you can eliminate all of the sub-points and just say “after any…” Similarly, both any motor vehicle or … and any motor vehicle... include any at-fault motor…
  • any incident – i.e., an occurrence that results in injury or could have resulted in an injury and did not
  • any accident – i.e., an occurrence that results in injury
  • any recordable accident – i.e., an accident requiring medical attention beyond first aid
  • any power tool or machinery accident – i.e., an accident involving any form of power tool or machinery that requires energy produced from a source beyond that physically applied by the individual
  • any motor vehicle or moving equipment accident – e.g., truck, bus, car, motorcycle, tractor, riding lawnmower, etc.
  • any motor vehicle accident – i.e., only cars, trucks, buses, motorcycles, etc.
  • any at-fault motor vehicle accident – i.e., only motor vehicle accidents where the driver was the cause of the altercation
  • as a condition of return to duty following an employee’s compliance with drug rehabilitation

III – Definitions

Controlled Substances and Drugs include, but are not limited to, any substance that is listed under the federal Controlled Substances Act of 1970. Many prescribed medications that alter physical and mental control are categorized under these laws.

Illegal Controlled Substances and Illegal Drugsmean any narcotic, drug, or drug-like substance that is (a) not legally obtainableor (b) legally obtainable but which has not been legally obtained. The term includes but is not limited to (i) prescription medication that is not prescribed for the employee or for the employee’s current use by a health care provider licensed to prescribe controlled substances, and (ii) other medications and substances that are not used for their prescribed purposes or are otherwise abused and impair job performance.

Legal Controlled Substances and Legal Drugs means prescription drugs prescribed for the employee’s current use by a health care provider licensed to prescribe controlled substances and that are being used for the purpose for which they were prescribed and over-the-counter drugs which have been legally obtained by the employee and are being used by the employee for their intended purpose and according to manufacturer specifications. Alcohol is a legal controlled substance whose use is herein considered to impair an employee’s ability to safely perform essential job functions.

On the job means wherever an employee is performing a task for the Camp, whether it is at owned or controlled premises, at an unrelated location, or traveling between any locations.

Owned or controlled premises means any site where the Camp has offices or does programming, whether owned, leased, rented, or borrowed.

Reasonable cause means just that – it does not require certainty, but a mere hunchisinsufficient to meet this standard. Some of the triggers for reasonable include:

  • Observable phenomena, such as direct observation of drug use or possession and/or the physical symptoms of beingunder the influence of a drug;
  • A pattern of abnormal conduct or erratic behavior;
  • Arrest or conviction for a drug-related offense, or theidentification of an employee as the focus of a criminalinvestigation into illegal drug possession, use, or trafficking;
  • Information provided either by reliable and credible sourcesor independently corroborated;
  • Newly discovered evidence that the employee has tampered with a previous drug test;
  • More specifics are found in section V – Testing, Reasonable Cause

Testing-designated position means a position where the employee does any of the following: drives an automobile or piece of mobile equipment; works directly with children; guards a pool or waterfront; works with power tools, equipment, or machinery; works with caustic chemicals; or does any function where significant injury could result from employee error

Under the influence means the employee is affected or impaired by a drug in any detectable manner, or has a detectable level of a drug in his or her system as determined by a positive drug test.

IV – Prohibited Activities and Remedial Action

  1. The use, manufacture, distribution, dispensation, sale, purchase, transfer, possession, or being under the influence of an illegal drug by an employee (and/or the use, manufacture, distribution, dispensation, sale, purchase, transfer, possession, or being under theinfluence of a legal drug for illegal purposes) is prohibited for all employees.The presence of any illegal drug in or on an employee while on <INSERT NAME>’s owned or controlled premisesis prohibited. Any employee in violationwill be subject to disciplinary action up to and including termination and possible criminal prosecution. Non-employees will be asked to leave the premises – the authorities will be contacted if departure is not immediate. A criminal complaint may be filed with the authorities whether or not the individual(s) leave immediately.
  2. Those employees who use, manufacture, distribute, dispense, sell, purchase, transfer, possess or who are under the influence of an illegal drug (or those employees charged with using legaldrugs in an illegal manner) will be subject to disciplinary action up to and including termination and possible criminal prosecution.
  3. <INSERT NAME> has the right to take any reasonable action to protect the health, safety, and security of the affected individual and other members of the Camp’s community. Therefore, an employee who is found to be under the influence of alcohol or an illegaldrug must, as a condition to further employment, be referred to outside counseling and <INSERT NAME> reserves the right to determine whether, when and under what conditions an employee may be suspended, terminated or returned to employment after an instance of alcohol abuse or improper drug use.

V – Testing

  1. Methodology: Testing shall be by any legal means as designated by Camp; this may be oral sample, urine sample, or hair-follicle sample.
  2. Applicants: All applicants will be tested for illegal drugs as part of post-offer conditions. This testing will be conducted prior to the applicant starting work.Avoid testing on the first day of employment or any time thereafter because a positive test will result in wasting time and may create a question regarding whether the individual was actually hired or not.>
  3. Random: All employees are subject to random testing with selections made by an independent third party using a scientifically valid random selection process.
  4. Reasonable Cause. Current employees may be asked to submit to testing if reasonable cause exists to indicate that an employee is using Drugs in violation of this Policy. Factors which could establish cause include but are not limited to:
  5. Odor of a controlled substance about the employee;
  6. Direct observation of employee in drug related activity;
  7. Disorientation or irrational or erratic behavior;
  8. Unexplained or excessive negligence or carelessness;
  9. Discovery or presence of illegal or controlled drugs in employee’s possession, workplace, or belongings;
  10. Sudden decline in work performance or unexplained increased or excessive absenteeism;
  11. Post at-fault vehicular accident (see below);
  12. Repeated, unexplained failure to follow instructions;
  13. Arrest or conviction for a drug-related crime or drug-related crimes;
  14. When an employee reasonably appears to be under the influence in violation of this Policy.
  15. Post Event: Employees will be tested after <insert specifics according to your entries under the third bullet point of II Policy – drug testing of current employees
  16. Return to Duty: Employees who have agreed to participate in drug rehabilitation as a condition to continued employment may be tested as a condition to return to duty and on a follow-up basis at the Company’s discretion for up to three years following return to duty.

VI – Other Provisions

  1. Following a confirmed positive drug test or a report of a tampered specimen, the individual will have the opportunity to discuss the test result confidentially with a licensed physician employed by the third party administrator, called a Medical Review Officer, and to offer alternative explanations for the test result. The Medical ReviewOfficer will follow the direction of federal drug testing programs and will not accept the “medicinal use of marijuana” as an acceptable reason for a positive drug test. Further, the Company will consider the presence of any drug in question at a level to cause a positive drug test as a violation of this Policy unless there is a medical explanation for the presence of the substancethat is acceptable to the Medical Review Officer.
  2. Any verified positive test will result in disciplinary action up to and including termination. Employees with a verified positive drug test may, at their option and at company expense, have a second confirmation test made on the same specimen. The individual employee may request in writing the release of the initial sample to another designated certified laboratory for the purpose of reconfirmation testing. The individual will not be allowed to submit another specimen to replace the original specimen submitted for testing. An employee with a verified positive test result awaiting pending reconfirmation results may be placed on leave status with pay during the time required for a specimen to be evaluated.
  3. Any employee selected for or asked to submit a specimen for a drug test must do so as a condition of continued employment. Refusal to provide a sample lawfully requested will be considered grounds for discipline up to and including termination. Refusal to test includes providing a specimen reported by the testing laboratory as substituted or adulterated.
  4. All applicable federal and state laws will be followed while implementing this Policy, including use of appropriate specimen collection procedures, testing performed by a certified laboratory, gas chromatography/mass spectrometry (GC/MS) confirmation for specimens screening positive, retention of positive specimens by the testing laboratory for at least 90 days, and proper pre-test and post positive notifications. Should any applicable federal or state law change, the law will take precedence over this Policy. Should this Policy be in variance with any particular state’s laws that law shall prevail for testing in that state only.
  5. The Camp will disclose the results of the drug testing, records of any qualifying disabilities under the Americans with Disabilities Act, and accommodation of such disabilities only on a need-to-know basis as permitted under applicable state and federal law. This includes providing information to the regulatory decision-maker in an action initiated by or on behalf of an employee such as, but not limited to, an unemployment or worker’s compensation hearing.
  6. Any areas on the owned or controlled premises of the Camp are under the control of the Camp and employees have no reasonable expectation of privacy with respect to such areas. For the purposes of this Policy only, Camp premises will include rental cars used in the carrying out of company business.
  7. The Camp reserves the right to seize all illegal drugs, alcohol, drug paraphernalia, or other contraband found on its owned or controlled premises. The Camp may also turn such evidence over to the appropriate authorities.
  8. Violations of this Policy may result in disciplinary action up to and including termination. Nothing in this Policy shall limit the Camp’s right to take disciplinary action for other policy or work rule violations that may have occurred in conjunction with violations of this Policy or separately from this Policy caused by illegal drug dependence or use.
  9. It is the responsibility of every employee to seek assistance for his or her own drug problem before it leads to disciplinary action.
  10. Once a violation of this Policy occurs, the employee must seek immediate drug rehabilitation, must follow the prescribed course of treatment through to completion, and must present evidence of his/her rehabilitation to the HR Manager. Failure to do so will be a factor considered by the Company in determining the appropriate disciplinary action to be taken up to and including termination.
  11. Compliance with this Policy is mandatory, but compliance does not alter the “at will” status of the employer and, therefore, is not a guarantee of continued employment with the Camp.

VII – Voluntary Self Referral

1. An employee in good standing with the Camp (i.e., not involved in disciplinary action for performance issues) may, prior to being identified by the Camp as being in violation of this Policy, request assistance with a substance abuse disorder. The Camp will provide the employee with information on local assessment and treatment facilities. <INSERT NAME> has the right to take any reasonable action to protect the health, safety, and security of the affected individual and other membersof the <INSERT NAME> community, including deciding whether, when, and under what conditions an employee should be referred to counseling and whether, when and under what conditions an employee may be suspended, terminated or returned to employment after an instance of alcohol abuse or improper drug use.

2. The employee may take vacation days or unpaid leave to receive help. Costs associated with evaluation or treatment will be the sole responsibility of the employee except for what assistance might be available through any current employee health care benefits package.

3. During the period of treatment, the employee may be reassigned certain job duties for his or her welfare and the safety of the workplace.

4. Employees who self-refer but fail to complete recommended treatment with a substance abuse professional - including clinical assessment, treatment recommendations, and a treatment plan - may be subject to disciplinary action up to and including termination.

VIII – Return to Duty

1. For an employee to be considered for return to duty, he or she must:

  1. complete the level of treatment or education recommended, based on the evaluation by a substance abuse counselor.
  2. undergo a follow-up evaluation with the counselor to determine if the treatment conditions were fulfilled.

2. To protect the employee, co-workers, and the workplace, the employee will be required to undergo return to duty and aftercare or follow-up testing for up to one year after his/her return to duty.

3. A written return to duty agreement will be required of any employee in this program prior to returning to work.

Acknowledgement and Consent

I, ______, have read and understand <INSERT NAME’s Drug-Free Workplace Policy and have had an opportunity to have any questions that I had regarding the Policy answered. I agree to comply with all of the terms and provisions of the Policy and understand that my failure to do so can result in my discipline, up to and including termination of my employment.