HUMA RESOURCES POLICY Title: Drug Free Workplace Policy No: 3.08 Originator: Human Resources Page: 1 of 7 Purpose To provide written notification to employees that Children s Medical Center of Dallas (Children s) prohibits the abuse or misuse of prescription drugs, non-prescription drugs, alcoholic beverages, illegal drugs, and inhalants on Children s premises To specify the actions that will be taken for violation of this policy Definitions A. Reporting to Work/ Performing Job Duties is defined as when employees are at any time: Located on Children s premises, including parking lots and various hospital locations Driving or riding as passengers in Children s vehicles, or Acting on behalf of Children s in their role as hospital employees, whether on or off Children s premises. B. Conditional Work Agreement is an agreement that lists the requirements that an employee must agree to follow contingent upon his/her self-disclosure of drug/alcohol abuse, consent to drug testing, and a willingness to obtain rehabilitation. A conditional work agreement may include but is not limited to a Texas Peer Assistance Program for Nurses (TPAPN) agreement. Nothing in this section or in any other section of this policy shall be construed to constitute a contract for employment between an employee and Children s. C. Drugs can include controlled substances, medication prescribed by a physician, medication not prescribed by a physician including over the counter medication, illegal drugs, inhalants (such as glue), and alcohol/alcoholic beverages. D. Drug paraphernalia includes any item used to administer, transfer, or store an illegal drug. E. Illegal Drugs include any drug that Is not legally obtainable, May be legally obtainable but is not legally obtained, or Is being used in a manner or for a purpose other than as prescribed.
F. Under the Influence or Impairment includes Policy o. 3.08 Page 2 of 7 Any situation or condition observed by others that impairs performance, or jeopardizes safety Testing positive for alcohol and/or illegal or controlled substances, as defined by this policy or by state or federal law G. Drug Test is any test administered to determine the presence or absence of a drug (including alcohol) or a drug metabolite in a person s urine or blood. H. Diversion of Therapeutic Drugs is any unauthorized taking of Children s or patients drugs, whether for personal use, sale, or other purpose. I. Reasonable Suspicion is defined as suspicion based on specific personal observation by the supervisor and/or a reliable witness of behavior or conduct consistent with drug or alcohol abuse. This behavior or conduct will include but is not limited to the following: Work-related accident Drowsiness or sleepiness Odor of alcohol or drugs on the breath Slurred or incoherent speech Confusion Unusually aggressive behavior Unexplained change in mood Lack of manual dexterity Lack of coordination Excessive sloppiness, illegible, or errant charting/writing Leaving the work area for extended and unexplained reasons Whenever feasible, the supervisor will draft a written statement of these observations and confer with a Human Resources (HR) representative prior to taking further action. Reasonable suspicion shall also include the discovery of a criminal charge by a law enforcement authority pertaining to drug or alcohol violations. Employees who test positive as a result of a criminal statute violation will not be eligible for a conditional work agreement. Policy A. Children s has a vital interest in maintaining a safe and healthy work environment for its patients, employees, volunteers, and visitors. In view of this interest, and in compliance with the Drug Free Work Place Act of 1988, Children s maintains this policy for the elimination of drug use and abuse in the workplace. B. Children s reserves the right to require a drug/alcohol test of any employee who is reasonably suspected of being under the influence of drugs or alcohol, or who may be involved in a work-related accident or injury. In addition, pre-employment drug testing is conducted to reduce the probability of hiring individuals whose use of any drugs may impair their ability to
Page 3 of 7 safely perform their jobs, adversely affect the quality of patient care, and/or compromise the safety of Children s visitors and other employees. Children s also reserves the right to search an employee, his/her work area, and his/her property as set forth below and in accordance with HR 9.06 Search and Surveillance. C. This policy in not intended and will not be used to discriminate based on race, color, religion, sex, national origin, age, veteran status, marital status, disability, or any other non-job related characteristic. D. Children s will provide a copy of this policy to each new employee in General Orientation. E. Children s prohibits any of the following actions: Reporting to work or performing job duties while under the influence of illegal drugs or alcoholic beverages. Reporting to work or performing job duties while under the influence of prescription or over-the-counter drugs, when there is any possibility that such use may impair the employee s ability to safely perform his or her job, adversely affect the quality of patient care, and/or compromise the safety of Children s visitors and other employees. The possession, manufacture, transportation, dispensing, use, or sales of illegal drugs, its paraphernalia, or alcoholic beverages, and/or related paraphernalia on Children s premises or while acting in the course and scope of employment at Children s. The possession, manufacture, transportation, dispensing, use, or sales of illegal drugs, drug paraphernalia, or alcoholic beverages, and/or related paraphernalia where such action would affect the reputation of Children s to the general public or threaten its integrity. This section also applies to employees when they are not in the course and scope of employment or not on Children s premises. F. Nothing in this policy shall be construed to constitute a contract for employment. Drug Test Results (Via Urinalysis and Breathalyzer for alcohol) A. For pre-employment testing, Children s has adopted the Standard Abuse Panel 10 (SAP-10) Test, with integrity checks for Creatinine and ph levels. For reasonable suspicion testing, Children s has adopted the SAP-10 as well as other appropriate tests, including but not limited to Demerol, Fentanyl, and other controlled substances. Children s utilizes collection facilities that follow the National Institute on Drug Abuse (NIDA) guidelines. B. Specimens whose test results fall outside any of the acceptable ranges for Creatinine or ph are considered invalid, and the applicant/employee will be asked to test once more. Specimens whose test results fall outside the acceptable ranges for Creatinine and ph are considered to be adulterated and will be forwarded to the Medical Review Officer (MRO) for review and verification as a positive result. C. SAP-10 specimens whose test results fall outside any of the acceptable ranges are automatically sent for a separate confirmatory test by a Gas Chromatography Mass Spectrometry method. If the results remain positive, they are sent to an independent MRO who calls the donor to
Page 4 of 7 determine if there is a valid prescription for the drug in question. If the individual cannot provide proof of a valid prescription, or a medical reason for the results, the test results will be reported as positive. D. An alcohol test result of 0.04 grams percent or greater is considered to be a positive test subject to disciplinary action. An alcohol test result of 0.01 or greater but less than 0.04 grams percent will disqualify an employee from work for a minimum of 24 hours. Upon return to work, an employee may be asked to re-submit to another alcohol test. Drug-Related Criminal Convictions A. An employee who is officially charged with violating any criminal drug statute must notify his/her supervisor within three days of such charge. Criminal drug statutes include federal, state, and local laws involving the use/possession/control of drugs (including controlled substances). B. Failure to report such charge or conviction will result in disciplinary action including termination from employment. C. An employee so charged or convicted of violating any criminal drug statute may be subject to a drug test and disciplinary action, including termination. Searches A. At any time, authorized agents/employees of Children s may search all hospital property, with or without notice to or consent from any employee/others. B. Normally, a search will only be carried out when Children s has reason to believe the employee(s) has violated policy or policies, including this policy. Hospital property includes but is not limited to lockers, desks, file cabinets, closets, storage areas, etc. These areas are Children s property and not considered the private area of individual employees. C. Children s prohibits the use of private locks on lockers or file cabinets and/or the use of private keys for desks or cabinets. D. A search shall be conducted under the direction of the Director of Security or his/her designee. E. Authorized agents/employees may also search an employee s personal property that has been brought onto Children s property. Some examples of personal property are purses, briefcases, book bags, lunch bags, coolers, and personal vehicles. F. Before an employee s personal property may be searched, the employee s written consent must be obtained; however, the employee s verbal consent may be sufficient if an emergency exists. Failure of an employee to give consent can result in disciplinary action up to and including termination (See HR 9.06 Search and Surveillance).
Pre-employment Drug Testing A. All offers of employment are contingent upon satisfactory drug test results. Policy o. 3.08 Page 5 of 7 B. Refusal by an applicant to submit to a drug test will result in non-eligibility for employment. In addition, the applicant will be ineligible for employment for one year from date of application. C. HR recruiters are responsible for communicating confirmed positive test results to applicants as well as notifying the appropriate hiring manager. D. Applicants whose tests result in a confirmed positive finding are eliminated from further consideration for employment. In addition, the applicant shall be ineligible for employment at Children s for one year from date of application. Positive drug tests may not be waived by a hiring manager. Violations of the Policy or State or Federal Drug Statutes A. Any employee who is found to be in violation of this policy due to the sale, possession, distribution, dispensation, manufacture, or diversion of drugs, alcohol, or related paraphernalia may be subject to immediate discharge. B. An employee who indicates that he/she has a drug or alcohol problem prior to any incident occurring or prior to confirmation of a positive test result, may be offered the opportunity to seek treatment and rehabilitation. An employee returning from leave due to a drug or alcohol problem shall be subject to a conditional work agreement. This agreement will include, but is not limited to, random drug testing for at least one year, documentation of follow up care, appointments with employee health personnel, or other items determined to be appropriate for monitoring. C. Children s will report employees who receive a positive drug or alcohol test result or who are otherwise found to be in violation of licensing standards to the appropriate licensing authority as required by state or federal law or regulations. Children s will cooperate with programs for rehabilitation of impaired professionals, but only if in its judgment patient and employee safety are not compromised. D. Children s reserves the right to fully investigate and report to law enforcement agencies any suspected criminal activity involving the use, possession, distribution, manufacture, sale, theft, or diversion of any drugs referred to in this policy. E. Children s reserves the right to terminate an employee who is found to be in violation of this policy. F. Employees who fail to abide by the terms of their Texas Peer Assistance Program for Nurses (TPAPN) or conditional work agreements will be discharged from employment. No second chances are given.
Page 6 of 7 Confidentiality A. Except as required for administration of this policy and/or for determination regarding corrective action, Children s will strive to keep all information related to alcohol and drug testing of individuals in strict confidence consistent with the provisions of applicable law. B. The Occupational Health and Wellness department is responsible for maintaining records and results of drug tests and for ensuring privacy and confidentiality. These records are kept separate from the personnel files. C. The willful disclosure of test results to unauthorized persons is grounds for corrective action up to and including termination. Responsibility Vice President of Human Resources, Department Directors and Managers Other Applicable Policies HR 2.03 Employment Process HR 3.10 Performance Assurance HR 6.10 Employee Assistance Program HR 9.06 Search and Surveillance Procedure Reasonable Suspicion Whenever a supervisor reasonably suspects an employee is impaired by or under the influence of drugs or alcohol, or if the employee has been involved in a work-related auto accident, the following procedure will be followed: 1. The observing supervisor seeks employee observation by another supervisor or manager, or by other witnesses and documents these observations. 2. The observing supervisor calls in the employee to explain his/her behavior. If the employee voluntarily admits to drug or alcohol use prior to drug testing and consents to a drug test, the employee may be given an opportunity to enter a rehabilitation program. Employees who have diverted drugs from patients will not be eligible for a conditional work agreement. 3. The supervisor provides the employee a reasonable amount of time to consent to alcohol and/or drug tests (approximately 15 minutes). Such tests are performed at Children s expense. Alcohol and/or drug tests require the employee s written consent and may include urine test and/or breathalyzer, or blood test. The refusal to consent to a drug and/or alcohol test will result in immediate termination.
Page 7 of 7 4. The supervisor ensures that employees to be tested as a result of reasonable suspicion are tested as soon as possible, but within 8 hours of the incident, unless there are extenuating circumstances beyond the control of Children s. Children s does not permit suspected employees to drive to the testing facility or to drive home. Children s provides transportation to the test facility. Children s calls the employee s emergency contact for the employee to get home. If no one can be located, Children s seeks other means to transport the employee home. 5. Employees required to submit to a drug test may be placed on administrative leave. The manager collects all departmental property such as keys and employee s ID badge, and suspends the employee s access to all computer systems. The employee may not return to work until the test results are received and appropriate action has been determined, if applicable. 6. Children s refers registered nurses and licensed vocational nurses who admit abuse or who test positive for alcohol, controlled substances or are otherwise impaired to TPAPN or the Board of Nurse Examiners. 7. Absent reasonable suspicion, for employees who come forward and admit to substance or other impairment, Children s refers them to the Employee Assistance Program or other appropriate treatment providers. These employees are required to consent to a conditional work agreement if the employee is to remain employed at Children s. References Drug Free Work Place Act of 1988 Texas Peer Assistance