PII DRUG-FREE WORKPLACE POLICY
1. Purpose
The Drug-Free Workplace Act of 1988 requires all employers with government contracts to establish guidelines which specifically identify the company’s posture regarding drugs in the workplace. Since our company does engage in work performed under government contracts and our organization is fully committed to the idea of keeping controlled drugs out of the workplace, this Drug-Free Workplace Policy has been established.
The following rules represent Peckham Industries Inc.’s (PII) Policy concerning substance abuse. They will be enforced uniformly with respect to all employees, as indicated.
· All employees are prohibited from being under the influence of alcohol or illegal drugs during working hours.
· The sale, possession, transfer or purchase of illegal drugs on Company property, while performing Company business or while in Company supplied vehicles is strictly prohibited and is cause for termination. Such action will be reported to appropriate law enforcement officials.
2. Employees Affected
This policy will cover all PII employees with the exception of those who are already covered by the PII “Drug Free Workplace Policy & Procedure” for CDL drivers. This policy will go into affect as of February 1, 2000.
3. Drug Free Policies
No prescription drug will be brought on Company premises by any person other than the one for whom it is prescribed. All employees using a prescription drug, which may alter his/her ability to perform the duties of their job assignment, must report this treatment to their immediate supervisor. The supervisor will then determine whether a temporary change in the employee’s job assignment during the period of treatment is warranted.
For purposes of this rule, an alcoholic beverage is any beverage that may be legally sold consumed and has an alcoholic content in excess of 1% by volume.
Drug means any substance other than alcohol capable of altering an individual’s mood, perception, pain level or judgment. A prescribed drug is any substance prescribed for individual consumption by a licensed medical practitioner. An illegal drug is any drug or controlled substance, the sale or consumption of which is illegal.
The purpose of the policy set forth above is:
1. to establish and maintain a safe, healthy working environment for all employees;
2. to reduce the number of accidental injuries to person and property;
3. to reduce absenteeism and tardiness, and improve productivity; and
4. to provide information regarding rehabilitation assistance programs for any employee who seeks such help.
4. Employee Assistance Program
PII has developed the following Employee Assistance Program (EAP) to assist employees and their families to understand and to avoid the perils of drug and alcohol abuse. The Company will use this program in an educational effort to prevent and eliminate drug and alcohol abuse that may effect the workplace.
The Employee Assistance Program includes:
Education and training for supervisors and employees on types and effects of drugs, symptoms of drug use and its impact on performance and conduct, relationship of the EAP to drug testing, and related treatment, rehabilitation, and confidentiality issues;
Provide counseling information to employees who self-refer for treatment; and the sanctions for violations of the Company’s Drug Free Workplace Policy.
Employees are Peckham Industries Inc.’s most valuable resource and, for that reason, their health and safety is our number one concern. Any drug or alcohol use, which imperils the health and well being of our employees or threatens our business, will not be tolerated. Employees who use illegal drugs or abuse other controlled substances, on or off duty, tend to be less productive, less reliable, and prone to greater absenteeism. This, in turn, can result in increased costs, delays and risks to the company’s business. Drug or alcohol use in the workplace puts the health and safety of the abuser and all other workers around him or her at increased risk. Employees have the right to work in a drug-free environment. In addition, drug or alcohol abuse inflicts a terrible toll on the nation’s productive resources and the health and well being of American workers. The use of illegal drugs and abuse of other controlled substances, on or off-duty, is inconsistent with the law abiding behavior expected of all employees. Early recognition and treatment of drug or alcohol abuse is important for successful rehabilitation. Whenever feasible, the Company will assist employees in overcoming drug or alcohol abuse by having information provided on treatment opportunities and programs. However, the decision to seek diagnosis and accept treatment for drug or alcohol abuse is primarily the individual employee’s responsibility. In addition, the expense of such diagnosis and treatment is solely the employee’s responsibility.
Employees with drug abuse problems should request assistance from their supervisor or the Company Safety Director. The Company will treat such requests as confidential and will refer the employee to the appropriate treatment and counseling services. Employees who voluntarily request the company’s assistance in dealing with a drug abuse problem may do so without jeopardizing their continued employment, provided they strictly adhere to the terms of their treatment and counseling program. Please note that employees who voluntarily seek assistance with substance abuse problems are not protected from disciplinary action if they violate the Company’s Drug-Free Workplace Policy while on duty, on Company property, performing Company business, or in Company supplied vehicles.
5. Education and Training
Employee education – The EAP Administrator shall offer education to PII employees to include the following: types and effects of drugs; symptoms of drug use, and the effects on performance and conduct; and information regarding available treatment and rehabilitation programs. The drug education activity may include distribution of written material, videotapes or employee safety meeting forums.
Supervisory training – As supervisors have a key role in establishing and monitoring a drug-free workplace, PII shall provide training to assist supervisors and managers in recognizing and addressing illegal drug use by company employees. The purpose of this training is as follows: to understand both the Drug-Free Workplace Policy and the Alcohol and Drug Abuse Policy, drug use, and the company’s EAP; to recognize and document employee performance and behavior change; to understand the roles of the Medical Review Officer, and EAP personnel; how to use the EAP, including its referral procedure and; the process for employee discipline.
6. Nature of Drug Testing
Drug testing will be performed to detect the following drugs: marijuana, cocaine, opiates, amphetamines and PCP.
The following types of drug and alcohol testing will be required under this policy:
Pre Hire: All applicants for employment will submit to drug testing only.
Random: Throughout the year, all employees covered by this plan are subject to unannounced random drug testing. The total number of unannounced random drug tests will equal or exceed 5% of the average number of employees on staff during the year. An independent drug testing company will generate a list of employees that will be tested. Selected employees will be notified by the Company Safety Director and will be required to report to a local medical facility the same day for testing.
Reasonable suspicion: Reasonable suspicion drug and alcohol testing may be based upon, among other things: observable use, possession, and/or physical symptoms of being under the influence of a drug or alcohol; a pattern of abnormal behavior; arrest or conviction 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. Any employee involved in an accident (vehicular or otherwise) may be subject to post accident drug and or alcohol testing.
An employee who refuses to be tested when so required will be subject to the full range of disciplinary action, including dismissal. Attempts to alter or substitute the specimen provided will be deemed a refusal to take the drug test when required.
7. Disciplinary Action
Employees found in violation of this policy will be subject to disciplinary action in the following manner:
ANY JOB APPLICANT who fails a drug test will not be considered for employment.
ANY EMPLOYEE, who reports to work under the influence of alcohol or drugs, will face suspension and/or termination (at the sole discretion of the Company).
ANY EMPLOYEE found to be using, possessing, or transferring any controlled substances while on duty, will face suspension and/or termination (at the sole discretion of the Company).
ANY EMPLOYEE found selling or distributing an illegal drug on a PII project or on Company property, will be terminated and the matter will be reported to appropriate law enforcement officials.
If a suspended employee achieves medically qualified status (achieved by testing negative in a drug/alcohol test), the employee may apply for reinstatement. The Company may, at its sole discretion, re-activate the employee. The employee will then be subject to a drug/alcohol rehabilitation program (at their own expense and time) and a program of random testing in addition to the Company’s random and reasonable cause testing procedures.
8. Voluntary Treatment
A fundamental purpose of PII’s Drug-Free Workplace Plan is to assist employees who themselves are seeking treatment for drug use. For this reason, the company will not initiate disciplinary action against any employee who meets all three of these conditions:
· Voluntarily identifies him/herself as a user of illegal drugs prior to being identified through other means;
· Obtains counseling or rehabilitation through an EAP; and
· Thereafter refrains from using illegal drugs.
This provision is not available to an employee who requests protection after being asked to provide a urine sample or having been found to have used illegal drugs pursuant to the Drug-Free Workplace Act.
9. Confidentiality
All drug testing and treatment information specifically relating to individuals is confidential and will be treated as such by anyone authorized to review or compile program records. The Company Safety Director shall maintain all records relating to drug testing and act as the EAP Administrator. These records shall be retained in a secure file, separate from other personnel files.