TARRY HOUSE, INC.
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Subject: Drug and Alcohol Free
Workplace Policy |
Procedure
Number: |
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Site: All Tarry
House Sites |
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Issued By: Executive
Director |
Effective: |
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Approved By: The
Board of Trustees |
Revised: |
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Reference Policy:
HR 01 |
Reviewed: |
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Standards
Reference: |
CARF: Section – 1. F ODMH: 5122-30-20 |
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I.
Policy
Tarry
House, Inc. provides a safe and productive work environment for all employees. For the purpose of this policy, “employee”
refers to all part-time and full-time personnel, persons under contract, and
volunteers. It is the policy of Tarry
House, Inc. that employees, contract service personnel and volunteers shall not
be involved with the unlawful use, possession, sale, or transfer of drugs in
any manner that may impair their ability to perform assigned duties or
otherwise adversely affect the company’s business. Further, employees shall not possess
alcoholic beverages in the workplace or consume alcoholic beverages in
association with the workplace or during working time. The specific purpose of this policy is to
outline the methods for maintaining a work environment free from the effects of
alcohol/drug abuse or other substances that adversely affect the mind or body.
Tarry
House accepts the responsibility to provide reliable and safe service to those
served by maintaining a safe working environment. To sustain this type of
environment, employees must be physically and mentally fit to perform their
duties in a safe and efficient manner.
II.
Procedure
All
potential employees will be required to take part in drug-testing as part of
the pre-employment decision-making process. Beyond that, reasonable suspicion testing will
be based on observance, documentation and concurrence between the trained
supervisor and the Executive Director. All employees may be tested randomly at
any time. Any or all employees who may have caused or contributed to an on-the-job
accident, as defined in this rule, shall submit to a drug or alcohol test. This
test will be administered as soon as possible after necessary medical attention
is received, or within eight (8) hours for alcohol and within thirty-two (32)
hours for other drugs. “Accident” means an unplanned, unexpected or unintended
event that occurs on the employer’s property, during the conduct of the
employer’s business, during working hours within the scope of employment, or
that involves employer-owned/supplied vehicles.
1.
Expectation
A.
Employees are expected to report for work and remain at work in
condition to perform assigned duties free from the effects of alcohol and
drugs.
1) Alcohol/illegal drug use and
its physiological effects represent a threat to the well-being and security of
employees and could cause extensive damage to the company’s reputation,
liability exposure, and community standing.
2) Any involvement with
alcohol/drugs that adversely affects the workplace or the work environment will
not be tolerated.
3) Off-the-job illegal drug
activity or alcohol abuse that could have an adverse effect on an employee’s
job performance or that could jeopardize the safety of other employees, persons
served, the public, Tarry House equipment, and/or Tarry House, Inc. relationship
with the public. This will not be
tolerated and will be grounds for disciplinary action, up to and including loss
of employment.
4) Tarry House, Inc. considers
alcoholism and other drug addictions to be treatable illnesses. Approved absences directly or indirectly utilized
for the purpose of seeking alcohol/drug treatment will be excused up to 30 days.
B.
Illegal drugs are those drugs defined as illegal under federal, state,
or local laws. These include, but are not limited to: marijuana, heroin, hashish,
cocaine, hallucinogens, depressants and stimulants not prescribed for current
personal treatment by an accredited physician.
Illegal use of drugs also includes significant deviations from
prescribed dosages.
C.
Any employee who tests above the cut-off levels for the following five
drugs will be considered to have a positive test and be in violation of this
policy.
DRUG EMIT
Screen(ng/ml) GC/MC
Confirmation(ng/ml)
Amphetamines 1000 500
Cannabinoids (THC) 50 15
Cocaine & Crack 300 150
Opiates 2000 2000
Phencyclidine (PCP) 25 25
D.
Any employee who test at .04% or higher for alcohol will be considered
to have a positive test and will be in violation of this policy
E.
Drug paraphernalia and items used for substance abuse are prohibited
from the workplace at all times.
F.
Tarry House, Inc. may conduct unannounced searches including employee’s
personal effects, lockers, baggage, desks, tool boxes and vehicles. The purpose
of such searches is to ensure compliance with this policy.
G.
As a
participating employer in a drug free workplace program, Tarry House will
provide training to all staff related to maintaining a drug and alcohol free
environment on an annual basis. Specialized training is provided to assist
management in recognizing potential symptoms of alcohol/drug abuse that may
lead to or be causing a performance problem.
2.
Securing
Professional Treatment
A. Employees experiencing
problems with alcohol or other drugs are urged to voluntarily seek assistance
from a professional counselor to resolve such problems before they become
serious enough to require management referral or disciplinary action.
B. Tarry House’s health
insurance carrier has lists of professionally trained counselors to assist
employees in the treatment of alcohol or substance abuse problems. Counseling
resources may be contacted by any employee to discuss such problems. Based on a confidential consultation,
employees may be referred to another resource within our community for
additional assistance if necessary. The
cost to full-time employee for such services is based on the insurance
carrier’s co-payment and deductibles.
Part-time employees and full-time employees who have “opted out” of
health insurance are to secure alcohol/drug addiction treatment through his/her
health insurance carrier.
C. Participation in the
profession treatment for an alcohol/drug problem, in itself, will in no way
jeopardize an employee’s job. In fact,
successful treatment will be viewed positively.
However, participation will not:
1) Prevent normal disciplinary
action for (a) violation(s) that may have already occurred.
2)
Relieve an
employee of the responsibility to perform assigned duties in a safe and efficient
manner.
3)
Eliminate consequences of alcohol/drug abuse.
D.
If an employee voluntarily
enrolls in a rehabilitation, education or assistance program, continued
employment is conditional upon the following requirements:
1)
The employee must
present written certification that he/she has successfully completed the
appropriate rehabilitation program.
2)
The employee must
satisfactorily complete an alcohol and drug test.
3.
Drug Abuse
The use, sale, or personal possession of illegal
drugs while on the job, including breaks and lunchtime or on company property
is grounds for termination of employment and may result in criminal
prosecution. Any illegal drugs found
will be turned over to the appropriate law enforcement agency. Employees taking prescription or
nonprescription drugs must report this use to supervision when the use of such
drugs may affect the employee’s ability to perform assigned duties. This reporting requirement is intended to
protect the safety of the employee, those served, coworkers, property, and the
public. Employees failing to follow this
instruction may be subject to disciplinary action. Off-the-job
selling, distributing, or manufacturing of illegal drugs by a Tarry House
employee is a dischargeable offense.
4.
Alcohol
Abuse
The use or personal possession (for example, on the
person or in a desk or locker) of alcohol during work time or on Tarry House
property is a dischargeable offense.
A.
For all employees, alcohol consumption is prohibited during the
workday, including breaks and lunchtime.
B.
The possession of alcohol in a company vehicle on or off Tarry House
property is prohibited.
C.
Personal possession of alcohol or illegal drugs in company vehicles is
expressly prohibited.
D.
Where there is no
evidence of consumption of alcohol during regular work time, including breaks
and lunchtime, the following will apply:
1)
For the purpose of this policy, an employee will be considered under
the influence when, in the judgment of the supervisor, the employee’s ability
to perform his or her job safely and effectively is affected by the use of
alcohol.
2)
Any employee, in any job, who is perceived to be under the influence of
alcohol will be immediately removed from service and evaluated by medical
personnel, if reasonably available.
Management will take further appropriate action (i.e. referral to
Employee Assistance Program and/or disciplinary action) based on the medical
information, past history, and other relevant factors, such as performance,
record of disciplinary actions, etc.
3)
An employee who
is not perceived to be under the influence of alcohol, but who displays
evidence of alcohol consumption, such as the smell of alcohol on the breath,
will be immediately removed from service.
Management will take appropriate action based on past history and other
relevant factors, such as performance, record of disciplinary actions, etc.
4)
Illegal selling,
distributing, or manufacturing of alcohol is a dischargeable offense. The Executive Director shall make decisions
regarding discharge.
5)
Any applicant who
refuses to take or who receives a positive test result from an employment test
will not be granted employment with Tarry House, Inc.
5.
Special
Action
In
order to protect the best interests of employees, those served, the public, and
Tarry House, Inc., the company will take whatever measures are necessary to
find out if alcohol or illegal drugs are located on or being used on company
property. These measures will not be
taken unreasonably, but when the company believes them to be completely
justified and necessary. The measures
that may be used will include but not be limited to the following:
A.
Searches of
personal property located on company premises, may be conducted by
management. Searches of the person and
of non-company property (where reason to suspect exists) will not be conducted
if an individual refuses to submit to a search.
Upon refusal to submit to such searches, the purpose of the requested
search and the potential implications of refusal will be carefully explained to
the employee. Further refusal to submit
will result in immediate removal from service and may result in termination for
insubordination.
B.
Federal, state, and/or local authorities may be called upon to assist
in an investigation.
C.
The decision to
use the measures described above, or other similar measures must be approved by
the Executive Director.
D.
Property searches
may be conducted by the Executive Director, accompanied by another manager in
situations where time is critical to the success of the search, prior to
involving local law enforcement agencies.
E.
As a supplement
to other means of detecting drug and alcohol use, as stated earlier,
professional drug/alcohol testing will be conducted.
1)
Drug tests will
be conducted as a part of the pre-employment physical examination for all
regular full-time and regular part-time job applicants. An applicant must satisfactorily pass both
the examination and the drug screen prior to reporting to work. Offers of employment may be made contingent
upon satisfactorily meeting these requirements.
If the drug screening procedures indicate the presence of drugs or
controlled substances, the applicant will not be considered further for employment
until a confirming test is performed.
2)
Drug tests will
be conducted on a random basis as part of promotion/transfer for all employees
being considered for positions for which a company-mandated physical is
required and/or that may directly affect public safety or employee safety. If the drug screening indicates the presence
of drugs, other than prescription drugs, the employee will not be considered
further for the position until a confirming test is performed.
3)
Drug tests may be
conducted on a random basis for all employees. Positive results on a drug
screening will be cause for referral to voluntary drug/alcohol treatment and/or
consideration for disciplinary action.
4)
Drug and/or
alcohol tests may be conducted at the option of management as a part of the
investigation involving an accident (vehicular or personal) or “near accident”
in which safety precautions were violated and/or unusually careless acts were
performed.
5)
Drug and/or
alcohol tests will be conducted when an employee’s supervisor has cause to
believe that the employee is “unfit for duty.”
6)
Drug tests will
be conducted when there is reason to suspect use or possession of illegal drugs.
7)
When there is a
change in group behavior, a high rate of accidents or injuries, reliable
information about drug involvement, and/or reason to suspect the use of illegal
drugs within a work group, there may be cause for testing all employees in the
work group after the approval of the Executive Director.
F.
In cases where a
drug screen indicates illegal drug use, the following steps will be taken:
1)
In the case of a
first-time positive result on a drug screen, but where no evidence exists of
use on the job, the following steps will be taken:
a.
The employee will
receive a written reprimand as part of the agency’s progressive discipline
procedure, and a possible suspension without pay as approved by the Executive
Director. The length of the suspension
will be decided by the Executive Director.
b. The agency will recommend the employee consider
alcohol/drug treatment.
c.
At the request of
the agency, the employee must submit to and have a negative test result in a drug
screen administered at
the contracted health lab within a period of six weeks from the date of the
written reprimand and or suspension. In
the event the employee fails to submit to the drug screen or fails the drug
screen, the employee will be discharged.
d. Employees who have been disciplined following a
positive drug screen will be subject to random screening for an indefinite
period of time. Supervisors shall have
the responsibility to require follow-up random screening.
G.
When urinalysis
and/or blood tests are requested or necessary, samples will be taken under the
supervision of an appropriate health care professional. The Executive Director will advise employee
of the medical facility providing these services.
6.
Testing
All
alcohol and drug testing procedures will conform to all local, state and
federal regulations. No testing
procedures will be implemented that will not meet the company’s professional
and certifiable standards. All
laboratories, hospitals, and their professional staffs must meet the standards
of the National Institute on Drug Use.
Any attempt to hinder, affect, change or falsify a specimen for testing
will result in immediate discharge. The company will require, but not limit,
alcohol and drug testing for accidents, specific incidents, fitness for duty,
pre-employment, probable cause and random testing.
7.
Confidentiality
Tarry
House, Inc. will maintain the highest standards of confidentiality for all
records and information concerning alcohol and drug abuse and dependency. No employee is authorized without the express
consent of the Executive Director to release, communicate, or leave unsecured
information on alcohol or drug abuse problems.
Any employee violating this policy will be subject to disciplinary
action including possible termination of employment. Non-employees,
contractors, vendors, and agencies that disclose unauthorized information will
be subject to legal recourse. Law enforcement authorities may be contacted and
requested to come onto company property in conjunction with a referral for
criminal prosecution.
Nothing
in this statement of policy is to be interpreted as constituting a waiver of
management’s responsibility to maintain discipline or the right to take
disciplinary measures in the case of poor performance or misconduct.
_____________________________________ _____________________
Executive Director Date