Sample Drug and Alcohol Abuse Policy
1.1 [EMPLOYER NAME] has
a vital interest in maintaining a safe, healthy, and efficient
working environment. Being under the influence of a drug or
alcohol on the job poses serious safety and health risks to
the user and to all those who work with the user. The use,
sale, purchase, transfer, or possession of an illegal drug
in the workplace, and the use, possession, or being under the
influence of alcohol also poses unacceptable risks for safe,
healthy, and efficient operations.
1.2 [EMPLOYER] has the
right and obligation to maintain a safe, healthy, and efficient
workplace for all of its employees, and to protect the organizations
property, information, equipment, operations and reputation.
1.3 [EMPLOYER] recognizes
its obligations to its member companies for the provision of
services that are free of the influence of illegal drugs and
alcohol, and will endeavor through this policy to provide drug-and
1.4 [EMPLOYER] further
expresses its intent through this policy to comply with federal
and state rules, regulations or laws that relate to the maintenance
of a workplace free from illegal drugs and alcohol.
1.5 As a condition of
employment, all employees are required to abide by the terms
of this policy and to notify [EMPLOYERs] management of
any criminal drug statute conviction for a violation occurring
in the workplace no later than five days after such conviction.
2.1 This policy outlines
the goals and objectives of [EMPLOYERS] drug and alcohol
testing program and provides guidance to supervisors and employees
concerning their responsibilities for carrying out the program.
3.1 This policy applies
to all departments, all employees and all job applicants. The
term employee includes contracted employees.
4.1 Alcohol means
any beverage that contains ethyl alcohol (ethanol), including
but not limited to beer, wine and distilled spirits.
4.2 Company premises
or company facilities means all property of [EMPLOYER]
including, but not limited to , the offices, facilities and
surrounding areas on [EMPLOYER]-owned or -leased property,
parking lots, and storage areas. The term also includes [EMPLOYER]-owned
or -leased vehicles and equipment wherever located.
4.3 Contraband means
any article, the possession of which on [EMPLOYER] premises
or while on [EMPLOYER] business, causes an employee to be in
violation of [EMPLOYER] work rule or law. Contraband includes
illegal drugs and alcoholic beverages, drug paraphernalia,
lethal weapons, firearms, explosives, incendiaries, stolen
property, counterfeit money, untaxed whiskey, and pornographic
4.4 Drug testing means
the scientific analysis of urine, blood, breath, saliva, hair,
tissue, and other specimens of the human body for the purpose
of detecting a drug or alcohol.
4.5 Illegal drug means
any drug which is not legally obtainable; any drug which is
legally obtainable but has not been legally obtained; any prescribed
drug not legally obtained; any prescribed drug not being used
for the prescribed purpose; any over-the-counter drug being
used at a dosage level other than recommended by the manufacturer
or being used for a purpose other than intended by the manufacturer;
and any drug being used for a purpose not in accordance with
bona fide medical therapy. Examples of illegal drugs are cannabis
substances, such as marijuana and hashish, cocaine, heroin,
methamphetamine, phencyclidine (PCP), and so-called designer
drugs and look-alike drugs.
4.6 Legal drug means
any prescribed drug or over-the-counter drug that has been
legally obtained and is being used for the purpose for which
prescribed or manufactured.
4.7 Reasonable belief means
a belief based on objective facts sufficient to lead a prudent
person to conclude that a particular employee is unable to
satisfactorily perform his or her job duties due to drug or
alcohol impairment. Such inability to perform may include,
but not be limited to, decreases in the quality or quantity
of the employees productivity, judgment, reasoning, concentration
and psychomotor control, and marked changes in behavior. Accidents,
deviations from safe working practices, and erratic conduct
indicative of impairment are examples of reasonable belief situations.
4.8 Under the influence means
a condition in which a person is affected by a drug or by alcohol
in any detectable manner. The symptoms of influence are not
confined to those consistent with misbehavior, nor to obvious
impairment of physical or mental ability, such as slurred speech
or difficulty in maintaining balance. A determination of being
under the influence can be established by a professional opinion,
a scientifically valid test, such as urinalysis or blood analysis,
and in some cases by the opinion of a layperson.
5.1 Supervisors and other
management personnel are to be trained in:
a. detecting the signs
and behavior of employees who may be using drugs or alcohol
in violation of this policy;
b. intervening in situations
that may involve violations of this policy;
c. recognizing the above
activities as a direct job responsibility.
5.2 Employees are to
be informed of:
a. the health and safety
dangers associated with drug and alcohol use;
b. the provisions of
6. PROHIBITED ACTIVITIES
6.1 Legal Drugs
a. The undisclosed
use of any legal drug by any employee while performing [EMPLOYER]
business or while on [EMPLOYER] premises is prohibited. However,
an employee may continue to work even though using a legal
drug if [EMPLOYER] management has deter- mined, after consulting
with [EMPLOYERS] health and/or human resources officials,
that such use does not pose a threat to safety and that the
using employees job performance is not significantly
affected. Otherwise, the employee may be required to take
leave of absence or comply with other appropriate action
as determined by [EMPLOYER] management.
b. An employee whose
medical therapy requires the use of a legal drug must report
such use to his or her supervisor prior to the performance
of [EMPLOYER] business. The supervisor who is so informed
will contact [EMPLOYERS] designated human resources
officials for guidance.
c. [EMPLOYER] at all
times reserves the right to judge the effect that a legal
drug may have on job performance and to restrict the using
employees work activity or presence at the workplace
6.2 Illegal Drugs and
a. The use, sale, purchase,
transfer, or possession of an illegal drug or of alcohol
by any employee while on [EMPLOYER] premises or while performing
[EMPLOYER] business is prohibited.
7.1 Any employee who
possesses, distributes, sells, attempts to sell, or transfers
illegal drugs on [EMPLOYER] premises or while on [EMPLOYER]
business will be discharged.
7.2 Any employee who
is found to be in possession of or under the influence of alcohol
in violation of this policy will be subject to discipline up
to and including discharge.
7.3 Any employee who
is found to be in possession of contraband in violation of
this policy will be subject to discipline up to and including
7.4 Any employee who
is found through drug or alcohol testing to have in his or
her body a detectable amount of an illegal drug or of alcohol
will be subject to discipline up to and including discharge
except that, depending on the circumstances of the case and
the employee involved, the employee may be offered a one-time
opportunity to enter and successfully complete a rehabilitation
program that has been approved by [EMPLOYER]. During rehabilitation,
the employee will be subject to unannounced drug or alcohol
testing. Upon return to work from rehabilitation, the employee
will be subject to unannounced drug or alcohol testing for
a period of 60 months. Any test that is confirmed as positive
during or following rehabilitation will result in discharge.
8. DRUG AND ALCOHOL TESTING
OF JOB APPLICANTS
8.1 All applicants for
employment, including applicants for part-time and seasonal
positions and applicants who are former employees, are subject
to drug and alcohol testing.
8.2 An applicant must
pass the drug test to be considered for employment.
8.3 An applicant will
be notified of [EMPLOYERS] drug and alcohol testing policy
prior to being tested; will be informed in writing of his or
her right to refuse to undergo such testing; and will be informed
that the consequence of refusal is termination of the pre-employment
8.4 An applicant will
be provided written notice of this policy, and by signature
will be required to acknowledge receipt and understanding of
8.5 If an applicant refuses
to take a drug or alcohol test, or if evidence of the use of
illegal drugs or alcohol by an applicant is discovered, either
through testing or other means, the pre-employment process
will be terminated.
9. DRUG AND ALCOHOL TESTING
9.1 [EMPLOYER] will notify
employees of this policy by:
a. Providing to each
employee a copy of the policy, and obtaining a written acknowledgement
from each employee that the policy has been received and
b. Announcing the policy
in various written communications and making presentations
at employee meetings.
9.2 [EMPLOYER] may perform
drug or alcohol testing:
a. Of any employee
who manifests reasonable belief behavior.
b. Of any employee
who is involved in an accident that results or could result
in the filing of a Workers Compensation claim.
c. On a random basis
of any employee.
d. Of any employee who
is subject to drug or alcohol testing pursuant to federal
or state rules, regulations or laws.
9.3 An employees
consent to submit to drug or alcohol testing is required as
a condition of employment and the employees refusal to
consent may result in disciplinary action, including discharge,
for a first refusal or any subsequent refusal.
9.4 An employee who is
tested in a reasonable belief situation may be
suspended pending receipt of written tests results and whatever
inquiries may be required.
10. APPEAL OF A DRUG
OR ALCOHOL TEST RESULT
10.1 An applicant or
employee whose drug or alcohol test reported positive will
be offered the opportunity of a meeting to offer an explanation.
The purpose of the meeting will be to determine if there is
any reason that a positive finding could have resulted from
some cause other than drug or alcohol use. [EMPLOYER], through
its health and/or human resource officials, will judge whether
an offered explanation merits further inquiry.
10.2 An employee whose
drug or alcohol test is reported positive will be offered
the opportunity to:
a. Obtain and independently
test, at the employees expense, the remaining portion
of the urine specimen that yielded the positive result;
b. Obtain the written
test result and submit it to an independent medical review
at the employees expense.
10.3 The employee may
use [EMPLOYERS] medical benefits, to the extent that
coverage may apply, for meeting the costs of 10.2 (a) and
10.4 During the period
of an appeal and any resulting inquiries, the pre-employment
selection process for an applicant will be placed on hold,
and the employment status of an employee may be suspended.
An employee who is suspended pending appeal will be permitted
to use any available annual leave in order to remain in an
active pay status. If the employee has no annual leave or
chooses not to use it, the suspension will be without pay.
11. REHABILITATION AND
11.1 Rehabilitation assistance
in lieu of discharge may be offered:
a. To any employee
who has requested rehabilitation assistance, provided that
the request is unrelated to an identification of the employee
as a violator of this policy.
b. To any employee
who has violated this policy, provided that the violation
does not involve selling or transferring illegal drugs, or
11.2 An employee who is
in rehabilitation will be suspended, except that--when indicated
by the circumstances of the case and the written recommendation
of a licensed physician or recognized rehabilitation professional--an
employee may be permitted to work while undergoing rehabilitation
on an outside-of-work basis. The written recommendation must
include a statement to the effect that the employees
presence in the workplace will not constitute a safety hazard
to the employee, co-workers or others.
11.3 An employee whose
rehabilitative therapy involves drug maintenance, hospitalization
or detoxification will not be considered for the exception
from suspension described in 11.2.
11.4 An employee who
is in rehabilitation or who has completed rehabilitation will
be allowed to return to work upon presentation of a written
release signed by a licensed physician or recognized rehabilitation
professional. The release must include a statement to the effect
that the employees presence in the workplace will not
constitute a safety hazard to the employee, co-worker or others.
11.5 Rehabilitation assistance
given by [EMPLOYER] will be:
a. Limited to those
medical benefits that may be available in the employees
medical benefits plan.
b. Obtained through
a rehabilitation program that has been pre-approved by [EMPLOYER].
c. Obtained by the employee
during times that will not conflict with the employees
work time, except that the employee may use any available sick
leave or annual leave to be absent from the job with pay.
11.6 [EMPLOYER] will
provide to any employee, upon request and at no cost to the
employee, information concerning local resources that are available
for the treatment of drug and alcohol related problems.
12. INSPECTIONS AND SEARCHES
12.1 [EMPLOYER] may conduct
unannounced general inspections and searches for drugs or alcohol
on [EMPLOYER] premises or in [EMPLOYER] vehicles or equipment
wherever located. Employees are expected to cooperate.
12.2 Search of an employee
and his or her personal property may be made when there is
reasonable belief to conclude that the employee is in violation
of this policy.
12.3 An employees
consent to a search is required as a condition of employment,
and the employees refusal to consent may result in disciplinary
action, including discharge, even for a first refusal.
12.4 Illegal drugs, drugs
believed to be illegal, and drug paraphernalia found on [EMPLOYER]
property will be turned over to the appropriate law enforcement
agency and the full cooperation given to any subsequent investigation.
Substances that cannot be identified as an illegal drug by
a laymans examination will be turned over to a forensic
laboratory for scientific analysis.
12.5 Other forms of contraband,
such as firearms, explosives, and lethal weapons, will be subject
to seizure during an inspection or search. An employee who is found
to possess contraband on [EMPLOYER] property or while on [EMPLOYER]
business will be subject to discipline up to and including discharge.
12.6 If an employee is
the subject of a drug-related investigation by [EMPLOYER] or
by a law enforcement agency, the employee may be suspended
pending completion of the investigation.
13.1 All information
relating to drug or alcohol testing or the identification of
persons as users of drugs and alcohol will be protected by
[EMPLOYER] as confidential unless otherwise required by law,
overriding public health and safety concerns, or authorized
in writing by the persons in question.
NOTE: This sample
policy is not intended and should not be construed to be
legal guidance. Anyone who wishes to implement a substance
abuse program should first obtain the advice of legal counsel.
Not all employers will
select all of the options outlined in this policy. It is important
that you read every section carefully and decide whether it
applies to your particular program.