INSTRUCTIONS:
The following policy should have the first page printed on company letterhead. The sections which are in italics (may appear orange or bright on the computer screen) are to be removed. They are for your instruction only.
Sample letters and forms follow the policy. These should each be printed on company letterhead. Existing and new employees must be provided with a clear, concise and readable copy of this program and it must remain conspicuously posted in employee common areas.
Summit Consulting, Inc. disclaims any responsibility for the implementation of these policies. All employers are advised to seek legal counsel prior to implementing substance abuse policies.
SUBSTANCE ABUSE POLICY STATEMENT
1) (Company Name) is committed to providing a safe work environment and to fostering the well-being and health of its employees. That commitment is jeopardized when any (Company Name) employee illegally uses drugs on or off the job, comes to work under their influence, possesses, distributes or sells drugs in the workplace, or abuses alcohol on the job. Therefore, (Company Name) has established the following policy:
a. It is a violation of company policy for any employee to use, possess, sell, trade, offer for sale, or offer to buy illegal drugs or otherwise engage in the illegal use of drugs on or off the job.
b. It is a violation of company policy for any employee to report to work under the influence of or while possessing in his or her body, blood, or urine illegal drugs in any detectable amount.
c. It is a violation of company policy for any employee to report to work under the influence of or impaired by alcohol.
d. It is a violation of the company policy for any employee to use prescription drugs illegally, i.e., to use prescription drugs that have not been legally obtained or in a manner or for a purpose other than as prescribed. (However, nothing in this policy precludes the appropriate use of legally prescribed medications.)
e. Violations of this policy are subject to disciplinary action up to and including termination.
2) GENERAL PROCEDURES
An employee reporting to work visibly impaired will be deemed unable to properly perform required duties and will not be allowed to work. If possible, the employee's supervisor will first seek another supervisor's opinion to confirm the employee's status. Next the supervisor will consult privately with the employee to determine the cause of the observation, including whether substance abuse has occurred. If, in the opinion of the supervisor, the employee is considered impaired, the employee will be sent home or to a medical facility by taxi or other safe transportation alternative - depending on the determination of the observed impairment - and accompanied by the supervisor or another employee if necessary. A drug test may be in order. An impaired employee will not be allowed to drive.
3) OPPORTUNITY TO CONTEST OR EXPLAIN TEST RESULTS
Employees who have a positive confirmed test will be notified within 24 hours of (Company Name) receiving the results in written form. Employees may explain or contest the results to the Company within five (5) working days after the Company contacts the employee and shows him/her the positive test result as it was received from the laboratory in writing.
4) CONFIDENTIALITY
The confidentiality of any information received by the employer through a substance abuse testing program shall be maintained, except as otherwise provided by law.
5) EMPLOYEE TESTING
This Company has adopted random testing practices to identify employees who use illegal drugs on or off the job or who abuse alcohol on the job Random testing is conducted without individualized suspicion of a violation of the company's substance abuse policy. Selection is made by neutral criteria so that all employees eligible for testing have an equal opportunity of being tested. A provision has been adopted to include all employees who receive wages and compensation in any form from (Company Name) to be included in the selection process for testing.
It shall be a condition of employment for all employees to submit to substance abuse testing upon request. Failure to submit to a substance abuse test also is misconduct and also shall be subject to discipline up to and including termination.
If the physician, official, or lab personnel has reasonable suspicion to believe that the employee has tampered with the specimen, the employee is subject to disciplinary action up to and including termination.
6) TESTING PROCEDURE
a) Substance abuse testing will be a 3 step process. An initial screening will be performed in accordance with an appropriate testing method. The testing procedure will include the giving of a second sample within 30 minutes of the first sample. All positive initial screening tests, including a test revealing an alcohol concentration of 0.05 or greater, will be confirmed by first, testing the second sample. Positive drug tests of the second sample will be confirmed by means of gas chromatograph/mass spectrometry or other appropriate test. Samples for testing will be obtained and maintained in accordance with the procedure specified by the laboratory selected for the analysis.
b) Substance abuse testing for all employees will include a urinalysis screen for the following drugs:
Alcohol: Any 00lcoholic beverage00 all liquid medications containing ethyl alcohol (ethanol). Please read the label for content. For example Vicks Nyquil 00is 25% (50 proof) ethanol, Comtrex 00is 20% (40 proof), Contac Severe Cold Formula night strength 00is 25% (50 proof) and Listerine 00is 26.9% (54 proof).
Amphetamines: 00peed,00 00ppers,00etc.
Cannabinoids: THC, Marijuana, hashish, 00ot,0000rass,0000ash,00etc.
Cocaine: 00oke,00 00rack,00etc.
Phencyclidine: PCP, 00ngel dust00/font>
Opiates: Narcotics, heroin, codeine, morphine, 00mack00 00ope,00etc
Section 7, which immediately follows, refers to Employee Assistance Programs. The second "Section 7" refers to other means of employee assistance. If you are including an EAP in your company's program, use the first "Section 7." If you are providing other means of employee assistance such as a referral list, use the second "Section 7." Do not include both. In either case, remove this instructional paragraph.
7) EMPLOYEE ASSISTANCE PROGRAM
The Company offers an Employee Assistance Program (EAP) benefit for employees and their dependents. The EAP provides confidential assessment, referral and short-term counseling for employees who need or request it. If an EAP referral to a treatment provider outside the EAP is necessary, costs may be covered by the employee's medical insurance, but the cost of such outside services are the employee's responsibility. Confidentiality is assured. NO information regarding the nature of the personal problem will be made available to the supervisors nor will it be included in the permanent personnel file.
Participation in the EAP will not affect an employee's career advancement or employment, nor will it protect an employee from disciplinary action if substandard job performance continues. The EAP is a process used in conjunction with discipline; it is not a substitute for discipline.
The EAP can be accessed by an employee through self-referral or through referral by a supervisor.
7. EMPLOYEE ASSISTANCE
The Company offers resource information on various means of employee assistance in our community, including but not limited to drug and alcohol abuse programs. Employees are encouraged to use this resource file, which is located (insert where). In addition, we will distribute this information to employees for their confidential use.
It is the responsibility of the Company's supervisors to counsel employees whenever they see changes in performance or behavior that suggest an employee has a drug problem. Although it is not the supervisor's job to diagnose personal problems, the supervisor should encourage such employees to seek help and advise them about available resources for getting help. Everyone shares responsibility for maintaining a safe work environment, and co-workers should encourage anyone who has a drug problem to seek help.
The goal of this policy is to balance our respect for individuals with the need to maintain a safe, productive, and drug-free environment. The intent of this policy is to offer a helping hand to those who need it, while sending a clear message that the illegal use of drugs, and the abuse of alcohol are incompatible with employment at (Company Name).
The following letter is for employers offering an Employee Assistance Program. It should be printed on company letterhead. Do not use the second letter that follows, it is for companies not offering an EAP.
LETTER TO ALL EMPLOYEES
The illegal use of drugs and the abuse of alcohol are problems that invade the workplace, endangering the health and safety of the abusers and those who work around them. This Company is committed to creating and maintaining a workplace free of substance abuse without jeopardizing valued employees' job security.
To address this problem, our Company has developed a policy regarding the illegal use of drugs and the abuse of alcohol that we believe best serves the interests of all employees. Our policy formally and clearly states that the illegal use of drugs or abuse of alcohol or prescription drugs will not be tolerated. As a means of maintaining our policy, we have implemented pre-employment and active employee drug testing. This policy was designed with two basic objectives in mind: (1) employees deserve a work environment that is free from the effects of illegal drug use or alcohol abuse and the problems associated with such, and (2) this Company has a responsibility to maintain a healthy and safe workplace.
To assist us in maintaining a safe and healthful workplace, we have created an Employee Assistance Program (EAP). The EAP provides employees and their families confidential assessment, referral, and follow-up for personal or health problems.
An employee whose conduct violates this Company's Substance Abuse Policy and who does not accept the help we offer under the EAP will be disciplined up to and including termination.
I believe it is important that we all work together to make this Company a drug-free workplace and a safe, rewarding place to work.
Sincerely,
Name of Person Sending Letter Title of Person Sending Letter
The following letter is for employers not offering an Employee Assistance Program but instead providing other means of employee assistance in the community. It should be printed on company letterhead.
LETTER TO ALL EMPLOYEES
The illegal use of drugs and the abuse of alcohol are problems that invade the workplace, endangering the health and safety of the abusers and those who work around them. This Company is committed to creating and maintaining a workplace free of substance abuse without jeopardizing valued employees' job security.
To address this problem, our Company has developed a policy regarding the illegal use of drugs and the abuse of alcohol that we believe best serves the interests of all employees. Our policy formally and clearly states that the illegal use of drugs or abuse of alcohol or prescription drugs will not be tolerated. As a means of maintaining our policy, we have implemented pre-employment and active employee drug testing. This policy was designed with two basic objectives in mind: (1) employees deserve a work environment that is free from the effects of illegal drug use or alcohol abuse and the problems associated with such, and (2) this Company has a responsibility to maintain a healthy and safe workplace.
To assist us in providing a safe and healthy workplace, we maintain a resources file of information of various means of employee assistance in our community, including but not limited to drug and alcohol abuse programs. Employees are encouraged to use this resource file, which is located (insert where list is located). In addition, we will distribute this information to employees for their confidential use.
An employee whose conduct violates this Company's Substance Abuse Policy will be disciplined up to and including termination.
I believe it is important that we all work together to make this Company a drug-free workplace and a safe, rewarding place to work.
Sincerely,
Name of Person Sending Letter Title of Person Sending Letter
ACTIVE EMPLOYEE CERTIFICATE OF AGREEMENT
I do hereby certify that I have received and read the (Company Name) Substance Abuse and Testing Policy and have had the South Carolina Workplace Drug Prevention Program (41-1-15) explained to me. I understand that if I am randomly selected for substance abuse testing, I will submit to a substance abuse test. I also understand that failure to comply with a substance abuse test request, or a positive result may lead to termination of employment and denial of unemployment benefits. I understand that failure to submit to a substance abuse test, or a positive test result may affect my right to obtain workers' compensation benefits. I further agree to and hereby authorize the release of the results of said tests to the following company personnel:
Name (please print): _________________________________________ Title: ________________
Name (please print): _________________________________________ Title: ________________
Name (please print): _________________________________________ Title: ________________
This agreements shall be valid for the length of my employment with (Company Name), and shall be considered withdrawn upon separation of employment with (Company Name).
Nothing in this consent form is to be construed as a contract between the parties.
Name (please print): _________________________________________
Signature: ____________________________________
Date: ___________________
