COMPLETE DRUG AND ALCOHOL POLICY & Testing Policy

Transcription

1 COMPLETE DRUG AND ALCOHOL POLICY & Testing Policy... Rev 12/2012 1

2 I. STATEMENT OF POLICY Robért Resources LLC. ( Robért s ) and it s related companies is committed to providing safe, healthful, and efficient working conditions for all of our employees. To further this commitment, the Company has established a policy against substance abuse in the workplace. The purpose of this policy is to establish a clearly defined and openly communicated Drug and Alcohol Policy to help provide for the safety and security of our employees and others affected by the Company s operations, and to protect the property and assets of the Company. II. III. DEFINITIONS A. Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or low molecular weight alcohols including methyl and isopropyl alcohol. B. Company means Robért Fresh Market, or any of its affiliates or subsidiaries. C. Company premises means premises or property owned or operated by the Company and also any site on which Company operations are conducted. D. Drug paraphernalia means any material or equipment used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing an illegal substance into the body. E. Illegal drug means a controlled substance included in Schedules I, II, III, IV or V of the Controlled Substances Act, 21 U.S.C. 812, unless used pursuant to a valid medical prescription or when used as otherwise authorized by law. F. Medical Review Officer means a licensed physician responsible for receiving laboratory results generated by the Company or the Company s drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual s positive test results together with his medical history and any other relevant biomedical information. G. NIDA means the National Institute on Drug Abuse. H. NIDA-Certified Laboratory means a laboratory certified for forensic drug testing by the National Institute on Drug Abuse. I. Possession means to have upon one s person, personal effects, clothes, lunch box, tool box or bag, motor vehicle, or other property brought by one upon Company premises or within an area entrusted to the control of the employee. J. Prescription drug means any drug prescribed for a specific individual by a licensed medical practitioner. K. Prospective employee means any person who has applied for employment with Company, whether written or oral. L. Reasonable suspicion means suspicion of an employee s drug use or abuse, or alcohol impairment based upon recognized, observable behavior or patterns of behavior associated with such conduct. M. SAMHSA means the Substance Abuse and Mental Health Services Administration. N. SAMHSA-Certified Laboratory means a laboratory certified for forensic drug testing by the Substance Abuse and Mental Health Services Administration. O. Under the influence means that a person has tested positive for the use of drugs or alcohol. PROHIBITIONS A. Alcohol 1. The manufacture, use, possession, transportation, distribution, or sale of intoxicating beverages by any employee while on duty, while on a meal or other break, while on Company premises or in a Company vehicle, or while on any job site, is prohibited unless specifically authorized by the Company. 2. Reporting to work under the influence of intoxicating beverages is prohibited. B. Drugs The manufacture, use, possession, transportation, distribution, delivery, or sale of illegal drugs or drug paraphernalia by any employee at any time is prohibited, whether such activities take place on Company premises, in a Company vehicle, during working hours, or otherwise; and with respect to use, regardless of how, when, or where such illegal drug being used may have entered the employee s system. Rev 12/2012 1

3 C. Prescription Drugs 1. Prescription drugs may be brought upon Company premises only by the person for whom they are prescribed. 2. Prescription drugs shall only be used by the person to whom they are prescribed by a licensed physician and in the manner, combination, and quantity prescribed. IV. ALCOHOL TESTING A. Bases For Testing Employees will be tested for alcohol in the following situations: 1. Post-Accident: Any employee involved in a work-related accident and/or injury will be required to submit blood samples to be used for alcohol analysis or submit to an evidential breath test. 2. Reasonable Suspicion: Any employee showing signs of substance abuse will be required to submit blood samples to be used for alcohol analysis or submit to an evidential breath test. 3. DOT Testing: Company will conduct all alcohol tests required by United States Department of Transportation (DOT) regulations. 4. Random Testing: All employees are subject to random alcohol testing in order to prevent and deter substance abuse. B. Cut-Off Level For alcohol tests: the Company will use the Blood Alcohol Concentration level (BAC) used for legal intoxication for driving purposes as established by applicable state law. V. DRUG TESTING A. Bases For Testing Employees will be tested in the following situations: 1. Post-Accident: Any employee involved in a work-related accident and/or injury will be required to submit urine samples to be used for drug analysis. 2. Reasonable Suspicion: Any employee showing signs of substance abuse will be required to submit urine samples to be used for drug analysis. 3. Pre-Employment: As a prerequisite of employment, all prospective employees or any employee who has not worked for the Company for more than one year will be required to submit urine samples to be used for drug analysis. 4. DOT Testing: Company will conduct all drug tests required by United States Department of Transportation (DOT) regulations. 5. Random Testing: All employees are subject to random drug testing in order to prevent and deter substance abuse. B. Cut-Off Levels For drug tests: Any amount of a drug in the employee s system that is above the cut-off levels specified by SAMHSA (formerly NIDA) guidelines or by applicable state law. C. Drugs Included A drug test administered under this policy may include, but is not limited to, testing for the following drugs: Amphetamines, Cocaine, Barbiturates, Methaqualone, Benzodiazepines, Opiates, Marijuana, and Phencyclidine. Rev 12/2012 2

4 VI. VII. VIII. PROCEDURE FOR DRUG AND ALCOHOL TESTING If a current employee is selected to be tested for alcohol and/or drugs, the following procedure will be used: A. Employee Transported to Medical Facility The employee will be transported to the nearest designated medical facility as soon as practical, and will be accompanied by a Company supervisor. Alternatively, the Company will arrange for on-site collection of a specimen. All specimen collections will be conducted under sanitary conditions. B. Specimen Collection Specimens will be collected by the medical facility for the appropriate tests. C. Confirmation Testing If the employee is identified as having a positive test result for drugs (not alcohol), a confirmation test of the same specimen will automatically be performed. D. SAMHSA-Certified Laboratories Confirmation tests will be conducted by a laboratory which is certified by SAMHSA (formerly NIDA). The confirmation procedure used for drug analysis will be GC/MS (gas chromatography/mass spectrometry). E. Results Sent to Medical Review Officer 1. All drug test results will be reported directly to the Company s Medical Review Officer, who is responsible for evaluating an employee s test results and contacting the employee upon receiving a positive confirmed test result. 2. When a confirmed positive result has been returned by the laboratory, the Medical Review Officer shall perform the duties set forth in SAMHSA (formerly NIDA) guidelines and/or state law. F. Temporary Suspension The employee may be temporarily suspended from work without pay until the Medical Review Officer reports the test results to the Company. An employee who does not test positive will be reimbursed for time lost. G. Costs All tests will be paid for by the Company. H. Employee Access to Test Records For non-dot mandated drug tests (not alcohol), an employee who has tested positive will have access to his drug testing records in accordance with applicable state law. EDUCATION AND REHABILITATION PROGRAMS The Company encourages employees who have alcohol or drug related problems to seek assistance and utilize available community assistance and rehabilitation programs. The Company will make reasonable accommodations for an employee who desires to voluntarily enter a rehabilitation program. While the Company encourages employees to voluntarily seek assistance for substance abuse, all employees must comply with this policy regardless of whether an employee is participating in a community assistance or rehabilitation program. A violation of any of the provisions of this policy will subject an employee to disciplinary action as described below. DISCIPLINE If an employee tests positive for drugs or alcohol, as determined above, the employee shall be subject to any and all disciplinary action deemed appropriate by the Company. Such disciplinary action includes, but is not limited to, suspension or discharge {discharge being the norm unless circumstances warrant otherwise}. At a minimum, however, an employee who remains employed and tests positive for drugs or alcohol must enroll in a rehabilitation or education program approved by the Company. A prospective employee, who tests positive for drugs, as determined above, is not eligible for employment with the Company. Refusal by any employee to cooperate in any test required by this policy will result in the presumption that the employee may be under the influence of drugs or alcohol and will be considered an immediate resignation of employment. An employee who is in possession of or distributes drugs or drug paraphernalia in violation of the Company s policy may be terminated without regard to whether he or she tests positive for drugs or alcohol. Rev 12/2012 3

5 IX. FOLLOW-UP TESTING An employee who tests positive for drugs and/or alcohol, and has been permitted to return to work, will be subject to unannounced testing at the Company s discretion for a period of five years after returning to work; all of the requirements of this policy apply as well. The employee will be required to acknowledge this by signing a Conditional Reinstatement Agreement. X. CONFIDENTIALITY Due to the extremely sensitive nature of drug and alcohol testing, test results will be held in strict confidence. Disclosure will be made only on a business, need-to-know basis for the purpose of properly administering this policy. XI. XII. XIII. WORKER S COMPENSATION AND UNEMPLOYMENT COMPENSATION Any injuries caused by drug and/or alcohol usage may not be compensable under worker s compensation. In addition, unemployment compensation benefits may be denied to an employee who tests positive for drugs and/or alcohol. EMPLOYMENT-AT-WILL This policy is not intended to create an express or implied contract or covenant of any type between the Company and its employees. Unless otherwise provided in a written agreement and signed by a Company officer, all employees are hired for an indefinite period of time; either the employee or the Company is free to terminate the employment relationship at any time with or without cause or notice. ACKNOWLEDGING RECEIPT OF THIS POLICY All employees are required to sign a written acknowledgment that the employee has received and read the Company s Drug and Alcohol Policy. An employee s failure to sign this acknowledgment shall be considered a violation of this Policy and may result in termination. Rev 12/2012 4

6 ACKNOWLEDGMENT I,, have read, understand, and received a copy of the Drug and Alcohol Policy of Robért Resources LLC. I understand and agree that my employment with Robért Resources is conditioned upon my compliance with all of the provisions of this Policy. I further understand and agree that this Drug and Alcohol Policy is not intended to create an express or implied contract or covenant of any type, and that the Company or I may terminate the employment relationship at any time with or without cause or notice. Signature Date Print Name Manager Signature Date Rev 12/2012 5