Drug and Alcohol Policy
______________________has a vital interest in maintaining safe, healthful, and efficient
working conditions for its employees. Drug and alcohol use may impose serious safety and
health risks to the employee, the employee’s co-employees, __________________’s patients and
others in the workplace and may also impair the efficient operation of the company’s business.
For these reasons, the company has established the following policy with respect to the use,
possession, and sale of alcohol or drugs.
I. DRUG AND ALCOHOL TESTING
The consent of each employee or prospective employee/applicant to submit to drug and alcohol
testing is required as a condition of employment, and an employee’s or applicant’s refusal to
submit a sample/specimen for testing may result in a refusal to hire or disciplinary action,
including termination, for a first refusal or any subsequent refusal.
Types of Drug and Alcohol Testing. _________________________ will conduct drug and/or
alcohol testing in the following situations as described below. Failure to successfully pass a drug
and/or alcohol test could cause the individual to be ineligible for employment or subject to
discipline up to and including termination of employment.
1. Pre-Employment. All prospective employees or applicants for employment who
are actually being considered for a position must pass a substance abuse screening test prior to
being offered employment. This includes new employees and rehires.
2. Fitness for Duty. When there is a noticeable and documented inability to
perform job functions safely and efficiently due to physical or mental impairment, the company
may require the employee to undergo a medical fitness or drug or alcohol evaluation. This
evaluation will be performed by a licensed physician selected by the company. It may also
include psychiatric testing. Refusal to report for such an examination or refusal to submit to any
part of the examination may result in disciplinary action up to and including termination of
3. Post-Accident. When, after an investigation by management, an employee’s
performance may be a contributing factor to an accident or a personal injury or damage to
company property, the company may require the employee to submit to a drug and alcohol
4. Return to Work. An employee who has undergone substance abuse
rehabilitation will not be permitted to return to work until the employee has passed a drug and
alcohol screening test. Such employee must sign a contract that authorizes the company to
conduct follow-up testing of that employee for a period of 24 months.
5. Random Testing. The company may, without prior notice, subject the employee
to drug and/or alcohol testing randomly by using a method of selection that gives each employee
an equal chance of selection uninfluenced by any personal characteristics or behavior.
6. Reasonable Suspicion. Reasonable suspicion drug and/or alcohol testing may be
conducted when management has a reasonable belief that an employee may be using a controlled
substance, using alcohol while at work, or reporting to work under the influence of alcohol or a
controlled substance, using prescription drugs illegally or any other violation of company policy.
Reasonable suspicion may be required when there is any of the following:
(a) Observable phenomena (actual use, possession, odors, etc);
(b) Abnormal behavior or physical characteristics; or
(c) A drug-related investigation, arrest or conviction or an investigation of theft.
Policy Violations. Any of the following conditions will be deemed to be a violation of the
company’s Drug and Alcohol Policy for which the company may take appropriate personnel
action, from refusal-to-hire up to and including discharge from employment for misconduct:
(a) A confirmed positive drug test or a positive alcohol test, as indicated by a test result of
.02 or greater blood alcohol content;
(b) An employee’s or applicant’s refusal to provide a sample for testing;
(c) An employee’s or applicant’s alteration of or attempt to alter a test sample by adding a
foreign substance for the purpose of making the sample more difficult to analyze; or
(d) The employee’s or applicant’s submission of a sample that is not his or her own.
Test Results. All sample collection and testing for drugs and/or alcohol shall be performed in
accordance with state law. Any trace of illegal drugs will be considered a positive result. No
positive test result shall be the basis for the refusal to hire any applicant or any disciplinary
action against a current employee unless the positive test result has been confirmed by a
confirmatory test of the same sample. A blood alcohol level of .02 or above will also be
considered a positive result. All positive test results will be reviewed and confirmed by a
Medical Review Officer. The company will give any employee or applicant who tests positive
for drugs or alcohol written notice of that test result, including the type of substance involved, as
well as an opportunity to discuss the positive test result with the Medical Review Officer and to
offer an explanation for the positive test result.
Retesting. If an employee or applicant has a positive test result, either the employee or applicant
or the company may request that the same sample be retested by a mutually agreed upon
laboratory. A request for retest must be done within seven (7) working days from the date of the
first confirmed positive test notification. Any inquiries regarding testing and/or requests for a re-
test should be referred to human resources management within seven (7) days of first receiving
notice of a positive test result.
Testing Costs. The company will pay all costs of drug and alcohol testing of current employees
or applicants under this policy. If a current employee or applicant has a positive test result, either
the employee or applicant or the company may, within seven (7) working days from the date of
the first confirmed positive test notification, request that the same sample be retested by a
mutually agreed upon laboratory. A request for retest may be paid for by the employee or
applicant requesting the test. If the employee or applicant requests and pays for the retest and the
retest results in a negative test outcome, the company will reimburse the cost of the retest,
compensate the employee for his or her time if the employee was suspended without pay, and/or
reinstate the employee with back pay if the employee has been terminated solely because of the
Missed Work. Any time involved in drug or alcohol testing of a current employee shall be
deemed work time for purposes of compensation. If an employee is suspended pending the
outcome of the test result, the suspension may be either paid or unpaid, depending on the
outcome of the test result
Confidentiality and Ownership of Information. All information, interviews, reports,
statements, memoranda or test results, written or otherwise, received through the company’s
drug and alcohol testing program shall be the property of the company and shall be kept
II. USE, POSSESSION, MANUFACTURE AND SALE OF DRUGS, DRUG
PARAPHERNALIA AND/OR ALCOHOL
It is a violation of company policy:
1. For an employee to sell, use, purchase, manufacture or be in possession of an illegal
controlled substance or drug paraphernalia, whether or not the employee is on company time,
conducting company business or on company property.
2. For an employee to sell, use, purchase, manufacture or be in possession of any controlled
substance, including a prescription medication that is a controlled substance, on company time,
business or property, unless the prescription medication has been legally prescribed to the
employee and is taken as prescribed.
3. For an employee to consume or use alcohol in any form, within four hours of a scheduled
work period or “on call” period.
4. For an employee to report to work under the influence of alcohol, or to use alcohol, in
any form, or to be under the influence of alcohol, in any form, while on company time, business
or property. An employee will be considered to be under the influence of alcohol when a
positive alcohol test indicates a result of not less than .02 blood alcohol content.
5. For a company supervisor to allow an employee to work, if the supervisor has actual
knowledge that the employee has violated this policy or has reasonable suspicion to believe that
an employee may be impaired by drugs or alcohol.
6. For an employee to use any prescription or over the counter medications that may impair
the employee’s ability to safely and competently perform his/her duties without first reporting
such use to the human resources department. Employees must read any warning label on any
medication, whether prescription or over-the-counter, that the employee intends to take and
report the use to the human resources department if the label warns of possible impairment. The
use of some medications may require reassignment or temporary leave of absence without pay.
Employees must take all medication as directed on the label (and/or by their physician) and must
heed any warnings listed on the medication’s label.
The company may conduct unannounced searches of company property for illegal drugs or
alcohol in company facilities. Employees are expected to cooperate in such searches.
Searches of company facilities and property can be conducted at any time and do not have to be
based on reasonable suspicion.
IV. DISCIPLINARY ACTION
Violation of this policy can result in disciplinary action, up to and including termination, even
for a first offense. (See Disciplinary Policy section for procedure.)
V. CONTRACT PERSONNEL
The policy provisions stated above are applicable to contract personnel. Violation of these
provisions or refusal to cooperate with implementation can result in the company’s barring
contract personnel from company facilities or participating in company operations.
VI. ADA COMPLIANCE
The company will make reasonable accommodations under the Americans with Disabilities Act
for employees who are disabled or handicapped by alcoholism, including encouraging such
employees to participate in rehabilitation programs. However, the company will hold an
alcoholic employee to the same performance and behavior standards as other employees and will
discipline an employee, up to and including termination, if the employee’s alcohol use adversely
affects the employee’s job performance or presents a significant risk of substantial harm to the
health or safety of the individual employee or to other individuals that cannot be eliminated or
reduced by reasonable accommodation.
VII. AT WILL EMPLOYMENT. Nothing in this policy or any procedure hereunder is
intended to create a contract of employment or to alter the at-will nature of employment with the
I have read and understand the foregoing Drug and Alcohol Policy. I have also had an
opportunity to ask the company’s Human Resources Department questions about this Drug and
Alcohol Policy. If I have any question in the future about the information in this Drug and
Alcohol Policy or its application under any circumstances, I will ask the company’s Human
Resources Department for an answer to my question.
Employee/Applicant’s Name (please print)
________________________ _____, 20__
Date of Signature
Witness’s Name (please print)