Drug and Alcohol Policy Error! AutoText entry not defined.Error! AutoText entry not defined. 2 1. GENERAL POLICY 1.1 The employer is committed to providing an environment that ensures the well being and safety of its employees. The overall purpose of this policy is to ensure a drug and alcohol free work environment and that employees are not impaired in their ability to perform their duties in a safe, productive and healthy manner, which in turn will reduce/prevent accidents and injuries in the workplace. 1.2 Drug and alcohol testing pursuant to this policy is an integral part of the employer's comprehensive safety programme. 2. DEFINITIONS Alcohol – means the intoxicating agent in beverage alcohol, Ethyl alcohol, other low molecular weight alcohols, including Methyl and isopropyl alcohol. Drug test – any method or process used to detect the presence of drugs in an individual’s system. Illicit drug – any illegal substance, including but not limited to hallucinogens, cocaine, marijuana, and designer drugs, as well as controlled drugs including but not limited to amphetamines and barbiturates that are not accompanied with a prescription by a licensed physician or use of the abovementioned drugs in excess of the amount prescribed by a licensed physician. Positive alcohol test – test levels which are recognised as positive by an accredited laboratory. Positive drug test – test levels which are recognised as positive by an accredited laboratory. Work environment – any office, building, or property (including company Error! AutoText entry not defined.Error! AutoText entry not defined. 3 vehicles) owned or leased by the employer, or any buildings or vehicles used by the employer as part of their business. Work time – The time during which an employee is expected to perform their duties under their employment agreement. This may include work at night and during the weekend, as the position may require. 3. APPLICATION OF POLICY 3.1 This policy applies to all employees. 3.2 Compliance with this policy is considered a pre-condition of employment. If an applicant refuses to comply with the drug and alcohol testing policy, they will not be considered for employment. 4. TESTING 4.1 The following types of tests will be conducted: (a) Pre-employment testing A successful applicant for a position with the employer will be required to pass a drug and alcohol test following a conditional offer of employment. (b) Random testing All employees are subject to unannounced random testing. Before being asked to submit to a drug and alcohol test, an employee will receive written notice of the request. Error! AutoText entry not defined.Error! AutoText entry not defined. 4 (c) Reasonable suspicion test An employee will be asked to submit to a drug and alcohol test if the employer has reasonable grounds to suspect, due to an employee’s performance, behaviour or other observable characteristics that the employee is or may be adversely affected as a result of the employee’s use of an illicit drug or from alcohol. 5. PROCEDURE 5.1 The drug and alcohol policy is restricted to testing only for those illicit drugs and alcohol defined in paragraph 2. Any other substances that may be tested using the same method used to test for illicit drugs and/or alcohol will not, if found, be reported. 5.2 The procedure for drug and alcohol testing will be done by urinalysis. In this process an employee is required to provide a urine sample in a supplied container, which is then transported to an accredited laboratory in a manner which ensures that the integrity of the sample is retained. The chain of custody will be documented to ensure the sample is not tampered with. 6. POSITIVE TEST RESULTS 6.1 If an employee is asked to submit to a drug and alcohol test, the employer will notify the employee of the results of the test within one week after it receives them from the laboratory. To preserve the confidentiality of the employee, the employer will notify the employee by letter whether the test was negative or confirmed positive, and, if confirmed positive what the next step will be. 6.2 If an employee receives notice from the employer that the results of the drug and alcohol test yielded a positive drug result or a positive alcohol result, that employee will be given an opportunity to explain the positive result of that test. Error! AutoText entry not defined.Error! AutoText entry not defined. 5 7. CONFIDENTIALITY 7.1 The employer will make every effort to keep the results of the drug and alcohol test confidential. The employer will not disclose the results of any test to any other employees other than the particular employee who is tested. The employer will obtain the employee’s consent before disclosing the test results to anybody else. 7.2 The employer reserves the right to use the test results in any mediation, hearing or any other proceeding which may occur as a result of the positive drug test result and/or the positive alcohol test result. 8. COSTS 8.1 The employer will pay for the cost of all drug and alcohol testing that it requires or requests employees to submit to. Any additional testing that the employee wishes to have done will be paid for by the employee. 9. DISCIPLINARY ACTION/DISMISSAL 9.1 The employer will not tolerate any use of drugs or the consumption of alcohol in the work environment or during work time. 9.2 If an employee refuses to comply with the drug and alcohol policy, an investigation will be carried out in respect of that employee. During the investigation, the employee shall have the opportunity to offer an explanation for their refusal. The employer will decide an appropriate course of action pending the outcome of the investigation, and if the employee’s explanation is not satisfactory, that may result in grounds for dismissal. 9.3 Any employee who receives a positive alcohol result and/or a positive drug result from a drug and/or alcohol test will be subject to a disciplinary process and possibly to summary dismissal. The employee will first be given an opportunity to discuss the positive test result and to explain the reasons for the positive result. Error! AutoText entry not defined.Error! AutoText entry not defined. 6 9.4 If an employee comes to work under the influence of drugs and/or alcohol, or is under the influence of drugs and/or alcohol during work time, then that employee will be summarily dismissed. The drug and alcohol testing provisions of this policy do not in any way limit the employer's right to discipline or to dismiss an employee summarily where it is evident based on reasons other than a positive drug and/or alcohol test result that the employee is under the influence of drugs and/or alcohol. 9.5 The tampering of any urine samples used for drug and alcohol testing is considered by the employer to be a serious breach and will result in a summary dismissal. Error! AutoText entry not defined.Error! AutoText entry not defined. 7 APPENDIX A ACKNOWLEDGMENT BY EMPLOYEE OF RECEIPT OF COPY OF DRUG AND ALCOHOL FREE POLICY 1.1 I acknowledge that I have received a copy of the drug and alcohol free policy from my employer. 1.2 I confirm that I have read and understood the drug and alcohol policy. 1.3 I acknowledge that my employer does not tolerate the use of illicit drugs and/or alcohol (as referred to in their policy). 1.4 I further acknowledge the contents of the drug and alcohol free policy and consent to being tested for drugs and/or alcohol in accordance with the drug and alcohol policy. Dated: Signed: ________________________________________________ Error! AutoText entry not defined.Error! AutoText entry not defined.
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