Arkansas Small Business and Technology Development Center

SAMPLE DRUG FREE WORKPLACE POLICY

The benefits of implementing a Drug Free Workplace are all encompassing. The program below is a sample generic policy that can be altered to suit your needs. You may also want to review the various Arkansas Laws and Administrative Rules governing the DFWP program. You should also consult with your attorney and have your policies and procedures reviewed.

 

DRUG FREE WORKPLACE POLICY

I. STATEMENT OF POLICY

(Company Name) acknowledges the problem of substance abuse (including alcohol) in our society. Furthermore, we see substance abuse as a serious threat to our staff and customers. We are addressing this problem by introducing a new substance abuse policy to ensure that Company Name) will have a drug-free workplace.

Drug and alcohol addiction is a complex, yet treatable disease. For this reason, our substance abuse program is targeted at alleviating the problem at the community level by involving our employees. Our commitment to eradicating substance abuse in the community reflects our firm belief that by building this community, we build our company.

While (Company Name) understands that employees and applicants under a physician’s care are required to use prescription drugs, abuse of prescribed medications will be dealt with in the same manner as the abuse of illegal substances.

The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe, productive, drug-free environment. Our intention is to prevent substance abuse. We would like to encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. In this way, fully rehabilitated abusers who remain drug free can return to work as employees in good standing.

II DEFINITIONS

A. “Legal Drug” - Prescribed drug or over-the-counter drug which has been legally obtained and is being used solely for the purpose for which it was prescribed or manufactured.

B. “Illegal Drug” - Any drug (a) which is not legally obtainable, (b) which may be legally obtainable but has not been legally obtained, or © which is being used in a manner or for a purpose other than as prescribed.

C. “Alcohol” - Any beverage that is considered an intoxicating agent.

D. “Reasonable Suspicion” - Under workers' compensation you can only test for a "reasonable suspicion " that drugs were involved and not test for every accident. NIOAS rules have requirements that also must be followed. Additionally, Section 440.102(1)(n) provides additional language relating to the "reasonable suspicion". Also, just because someone tests positive for drugs is not enough to defeat a workers' compensation claim. The claimant has the opportunity to prove that the use of drugs did not cause the injury and that there is no "reasonable hypothesis" that the use of drugs or alcohol caused the injury. If the claimant proves this, they will be entitled to benefits.

1. Observed drug abuse or alcohol use during work hours on company premises.

2. Apparent physical state of impairment.

3. Incoherent mental state.

4. Marked changes in personal behavior that are otherwise unexplainable.

5. Deteriorating work performance that is not attributable to other factors.

6. Accidents or mishaps in which injuries or property damage occur.

7. Any actions that provide reasonable cause to believe the employee may be under the influence of illegal drugs or alcohol.

E. “Training” - All employees will be trained on substance abuse symptom recognition on an annual basis.

III POLICY AND WORK RULE

(Company Name) policy is to employ a work force free from use of illegal drugs and abuse of alcohol, either on or off the job. Any employee determined to be in violation of this policy is subject to disciplinary action, which may include termination, even for the first offense.

It is a standard of conduct of employees of (Company Name) that employees shall not use illegal drugs or abuse alcohol. In order to maintain this standard, the company shall establish and maintain the programs and rules set forth below.

A. GENERAL PROCEDURES

An employee reporting for work visibly impaired or unable to properly perform required duties because of alcohol or illegal drug use will not be allowed to work.

The employee’s supervisor should first seek another supervisor’s opinion to confirm the employee’s status. Then the supervisor should 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 should be sent to a medical facility for drug testing by taxi or other safe transportation alternative, depending on the determination of the observed impairment, accompanied by the supervisor or another employee if necessary. An impaired employee will not be allowed to drive.

B. Pre-employment Drug Abuse Testing

(Company Name) will conduct pre-employment drug testing examinations designed to prevent hiring individuals who use illegal drugs or individuals whose use of legal drugs indicates a potential for impaired or unsafe job performance. (See Pre-employment Drug Testing Policy.)

C. Current Employee Drug and Alcohol Abuse Testing

(Company Name) will maintain drug testing practices to identify employees who use illegal drugs or abuse alcohol, either on or off the job. It shall be a condition of continued employment for all employees to submit to a drug test when:

1. When there is a reasonable suspicion to believe that an employee is using or has used illegal drugs or is abusing or has abused alcohol.

2. When the employee is involved in any mishap or accident in which injury to himself or herself or other persons or damage to property has occurred (an employee who tests positive for substance abuse at the time of treatment for work -related injury risks forfeiture or workers’ compensation benefits and may be liable for his or her own medical treatment for the injury, in accordance with Florida Statutes);

3. Upon return from extended absences. (See Active Employee Drug and Alcohol Abuse Testing Policy.)

D. Employee Assistance and Alcohol/Drug Rehabilitation Programs

(Company Name) maintains information on local employee assistance programs and local alcohol/drug rehabilitation programs which could provide help to employees who suffer from alcohol or drug abuse and their families. Among the list of local programs are:

(Name, address, telephone number, and mailing address of 3 facilities.)

A complete list of programs is available in the (Human Resources) department.

However, it is the responsibility of each employee to seek assistance from one of these programs before alcohol and drug problems lead to disciplinary actions. Once a violation of this policy occurs, subsequently using one of these programs on a voluntary basis will not necessarily lessen disciplinary actions and may, in fact, have no bearing on the determination or appropriate disciplinary action.

D. Employee Assistance and Alcohol/Drug Rehabilitation Programs

The employee’s decision to seek prior assistance from the programs will not be used as the basis for disciplinary action and will not be used against the employee in any disciplinary proceeding and (Company Name) strongly encourages employees who suspect they may have a problem to seek assistance. On the other hand, using the programs will not prevent disciplinary action when facts showing a violation of this policy are obtained outside of the programs. Accordingly, the purposes and practices of this policy and these programs are not in conflict but are distinctly separate in their applications.

E. Grounds for Termination of Discipline

Failure to submit to required medical or physical examinations, including drug testing, is misconduct and is grounds for immediate termination of employment.

1. Illegal Drug Use

An employee bringing onto (Company Name) ‘s premises or property, having possession of; being under the influence of; possessing in the employee’s body, blood or urine in any detectable amount; or using, consuming, transferring, selling, or attempt to sell or transfer any form of illegal drug (as defined above) while on (Company Name) business or at any time during the hours between the beginning and ending of the employee’s workday, whether on duty or not and whether on (Company Name) business or on (Company Name) property or not, is guilty of misconduct and is subject to discipline, including immediate termination or immediate suspension without pay from employment, even for the first offense.

2. Alcohol Abuse

An employee who is under the influence of alcohol beverages at any time while on (Company Name) business or at any time during the hours between the beginning and ending of the employee’s workday, whether on duty or not and whether on (Company Name ) business or on (Company Name) property or not, is guilty of misconduct and is subject to discipline, including immediate termination or immediate suspension without pay from employment, even for the first offense.

An employee shall be determined to be under the influence of alcohol if:

a. The employee’s normal faculties are impaired due to consumption of alcohol; or

b. The employee has a blood-alcohol level of .05 or higher.

The complete policy of disciplinary procedures is described in Addendum A “Disciplinary Actions”, attached.

IV TESTING PROCEDURES AND CONFIDENTIALITY

A. General Procedures

Drug testing will be accomplished via a urinalysis test, inmost cases, at a laboratory chosen by (Company Name) . Such laboratory shall be licensed and approved by the Department of Health and Rehabilitative Services. (Company Name) reserves the right to request a blood test.

Employees may be tested for alcohol, and for any or all of the drugs contained on the following list:

All specimen samples shall be collected with due regard to the privacy of the employee providing the sample, and in a manner reasonably calculated to prevent substitution or contamination of the sample.

Specimen collection shall be documented, and the documentation procedures shall include:

a. Labeling of specimen containers so as to reasonably preclude the likelihood of erroneous identification to test results.

b. A form for the employee or job applicant to provide any information he or she considers relevant to the test, including identification of currently or recently used prescription or non-prescription medication, or other relevant medical information. Such form will provide notice of the most common medications by name which may alter or affect a drug test. The providing of information shall not preclude administration of the drug test, but shall be taken into account in interpreting any positive confirmed results. These forms are available in the (Human Resources) department.

c. It is the right oft he employee or job applicant to consult the testing laboratory for technical information regarding prescription and non-prescription medications. The name, address, and telephone numbers are available in the (Human Resources) department.

Any drug test conducted or requested by (Company Name) may occur before, during, or immediately after the regular work period of the employee and shall be deemed to be performed during work-time for the purposes of determining compensation benefits for the employee.

Within 5 working days after receipt of a positive confirmed test result from the testing laboratory, (Company Name) shall inform an employee or job applicant in writing of such positive test result, the consequences of such results, and the options available to the employee or job applicant. (Company ) will also provide to the employee or job applicant, upon request, a copy of the test results.

Within 5 working days after receipt of a positive confirmed test result , the employee or job applicant may submit information to (Company Name) explaining or contesting the test results, and why the results do not constitute a violation of (Company Name) ‘s policy.

If an employee or job applicant’s explanation or challenge of the positive test results is unsatisfactory to (Company Name) , a written explanation as to why the employee or job applicant’s explanation is unsatisfactory along with the report of positive results will be provided by (Company Name) to the employee or job applicant and all such documentation will be kept by (Company Name) in a confidential manner, for a period of at least one year.

Every specimen that produces a positive confirmed result shall be preserved in a frozen state by the licensed laboratory that conducts the confirmation test for a period of 210 days from the time the results of the positive confirmation test are delivered to the employer. However, if an employee or job applicant undertakes an administrative or legal challenge to the test result, the employee or job applicant shall notify the laboratory and the sample shall be retained by the laboratory until the case or administrative appeal is settled. During the 180 day period after written notification of a positive test result, the employee or job applicant who has provided the specimen shall be permitted by (Company Name ) to have a portion of the specimen retested, at the employee or job applicant’s expense, at another laboratory, licensed and approved by the Department of Health and Rehabilitative Services, chosen by the employee or job applicant. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory which performed the test for (Company Name) shall be responsible for the transfer of the portion of the specimen to be retested and for the integrity of the chain of custody during such transfer.

B. Testing Costs

(Company Name) shall pay the cost of all drug tests, initial and confirmation, which are required by (Company Name) .

An employee or job applicant shall pay the costs of any additional drug tests not required by (Company Name) , as outlined above.

C. Statement of Confidentiality

(Company Name) , the testing laboratory, drug and alcohol rehabilitation programs and their agents who receive or have access to information concerning drug tests shall keep all information confidential. Release of such information under any other circumstances shall be solely pursuant to a written consent form signed voluntarily by the person tested, except where such release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding.

Addendum A

Disciplinary Actions

I Failure to Submit to Required Drug/Alcohol Testing

Refusal to sign a Consent Form or a Chain of Custody Form, or to allow a search or a drug or alcohol test will be deemed to be a voluntary resignation from employment by the employee. Employee will be assisted with collecting his/her personal belongings and escorted from the facility.

II Receipt of Positive Drug/Alcohol Testing

An employee who tests positive for drug or alcohol use is in violation of company policy. The employee will be issued a written disciplinary warning from (Human Resources) director and required to seek treatment in an approved program for alcohol and drug rehabilitation. The employee must provide written verification of enrollment in a program within five (5) days after receiving positive results. If employee chooses to have a specimen re-tested at another HRS approved facility then verification must be received within five (5) days after results of the second test, if results are positive.

Employees who refuse to participate in, or who do not satisfactorily complete a rehabilitation program, or who subsequently violate this policy will be terminated from the company.

An employee who provides written verification of enrollment in a rehabilitation program will be placed on probationary status for a period of 90 days. During this probationary period, the employee must submit to follow-up drug and/or alcohol testing, without prior notice. Such testing must be conducted at least twice during the 90 day probationary period.

If an employee tests positive for drug or alcohol use during the 90 day probationary period, he/she will be terminated immediately and notified of such termination in writing by (Human Resources). Employee will be assisted with collecting their personal belongings and escorted from the facility.

III Possession, Use, or Distribution of Illegal Drugs

The manufacture, sale, purchase, transfer, use, or possession of illegal (as defined in II B of this policy document) drugs by employees on Company premises, in Company vehicles, or while on Company business is prohibited and will result in immediate termination. The (Human Resources) will contact local law enforcement to notify of illegal manufacture, sale, purchase, transfer, use or possession of drugs by the employee on Company premises, employee will be terminated as set forth above. Employee’s personal belongings will be collected by (Human Resources) and employee’s immediate supervisor will be available for pickup by terminated employee in the (Human Resources) department.

Addendum B

Sample Forms & Letters

I. Consent to Release Drug Test Information

I, , whose social security number is , and whose date of birth is , do hereby authorize the (Records Custodian) to release all information and records relating to drug tests performed on any specimens provided by me, including any and all records, charts, reports, notes, tests results, documents and correspondence to , whose address is .

The above referenced information is being requested for the purpose of . The duration of this consent shall be for .

Name

Address

Telephone Number

(The person signing this consent must be the person tested and provide positive proof of identification.)

II. Employer’s First Letter to Applicant or Employee - Positive Test Results

Date:

Dear: :

Pursuant to the Drug Free Workplace policies of , it has been determined that you have a positive confirmed drug test result. As a consequence of this positive drug test, you are being (describe actions based on your written policy) as follows: (describe the action you are taking.)

Enclosed is a copy of the statement that you originally signed which explained your rights in detail. However, we would like to again reiterate your rights, duties, and obligations under the company’s drug free workplace program.

1. You have the right to contest or explain the result of the test within five (5) working days after you receive this letter notifying you of the test results. (The explanation should state why the test results do not constitute a violation of this company’s drug free workplace policy.)

2. You also may have the right to appeal to the Public Employee Relations Commission or appropriate court regarding any applicable collective bargaining agreement or contract (include if applicable).

If you intend to contest or explain the results of the drug test, you must notify the testing laboratory of any administrative or civil action brought and advise the laboratory of the need to retain any sample taken. The name, address and telephone number of the testing laboratory is: .

3. You have the right to consult this testing laboratory for technical information regarding prescription and non–prescription medications or other relevant information.

4. You have the right to a copy of the drug test results upon request and to have a portion of any sample or specimen taken and retested, at your expense, at a laboratory of your choice.

The testing must be done at an HRS—or Agency for Health Care Administration (AHCA)—licensed or NIDA approved laboratory. The testing must be performed within 180 days after receipt of this letter. The second laboratory test must test at equal or greater sensitivity for the drug is question as the first laboratory. The first laboratory which performed the test shall be responsible for the transfer of the portion of the specimen to be retested, and for the integrity of the chain of custody during such transfer. If you intend to have the specimen retested, please advise so that the sample can be forwarded to the laboratory of your choice.

5. By administrative rule, this employer has 15 days to respond to your explanation of why your positive drug test is not in violation of the drug free workplace program. If your explanation is not accepted, you have the right to administratively challenge this position by filing a claim with a Judge of Compensation Claims within thirty days after receipt of this employer’s response to your explanation. If you intend to challenge the drug test, it is your responsibility to notify the above stated laboratory at the address and telephone number shown to ensure that the specimen is retained.

III. Employer’s Second Letter to Applicant or Employee - Positive Test Results

Dear :

We are in receipt of your explanation (and/or challenge) of the positive test results. Following the company standards and developed policies, you explanation or challenge is unacceptable and unsatisfactory because:

Attached in the report of the positive test results. This is to advise you that (describe action you are taking).

Reference is made to our prior correspondence to you dated and the statement you signed on . This explains in detail what your various alternatives are in regard to contesting this action.

All documentation relating to drug testing, including this letter, shall be deemed confidential.

Be sure to consult with your attorney prior to implementing any policy relating to the DFWP.

The Arkansas Small Business and Technology Development Center is funded in part through a cooperative agreement with the U.S. Small Business Administration through a partnership with the University of Arkansas at Little Rock College of Business and other institutions of higher education. All opinions, conclusions or recommendations expressed are those of the author(s) and do not necessarily reflect the views of the SBA. It is the goal of UALR to eliminate discriminatory harassment and to promote equal opportunity regardless of race, gender, color, national origin, sexual orientation, age, religion, veteran's status, or disability.