Biscuitville SUBSTANCE ABUSE POLICY

Transcription

1 Biscuitville SUBSTANCE ABUSE POLICY I. PURPOSE As a part of its commitment to safeguard the health of its employees, to provide a safe place for its employees to work and to promote a drug-free community, Biscuitville (hereinafter "Company") establishes this policy on the use or abuse of illegal drugs by its employees. Substance abuse, while at work or otherwise, seriously endangers the safety of employees, as well as the general public, and creates a variety of workplace problems, including increased injuries on the job, increased absenteeism, increased health care and benefit costs, increased theft, decreased morale, decreased productivity and a decline in the quality of products and services provided by the Company. The Company has established this policy to detect users and remove abusers of illegal drugs. It is also the policy of the Company to prevent the use and/or presence of these substances in the workplace and to assist employees in overcoming any dependence on drugs in accordance with the following guidelines. The purpose of this policy is to communicate the Company's position on drugs in the workplace and provide guidance for the implementation of related programs within the Company. II. SCOPE All Company employees, including management and administrative employees, are covered by this policy. As a condition of employment, employees are required to abide by the terms of this policy. This substance abuse policy primarily governs actions in the areas of alcohol and drugs. Other Company policies may be applicable in these areas to the extent they do not conflict with this policy. Each employee will be required to sign an acknowledgement that he or she has received and understands the Policy (Appendix A). Certain employees may be subject to additional requirements under state and/or federal regulations. III. DEFINITIONS A. Illegal Drugs "Illegal drugs" are drugs or controlled substances which are (1) not legally obtainable or (2) legally obtainable but not obtained or used in a lawful manner. Examples include cocaine and marijuana, as well as prescription drugs, which are not lawfully obtained or properly utilized. The term "illegal drugs" also refers to mind-altering and/or addictive substances which are not sold as drugs or medicines but are used for mind-or behavior-altering effect. B. Legal Drugs "Legal drugs" are those prescribed or over-the-counter drugs, which are legally obtained by the employee and used for the purpose for which they were prescribed and sold. C. Company Property The term "Company property" includes work sites; parking lots; vehicles; or offices owned, rented, utilized, or serviced by the Company or by any customer of the Company; employee-owned or employee-rented vehicles on the property of the Company or of any customer of the Company while on Company business; and locations where the employee represents the Company in any capacity. D. On Duty The term "on duty" includes all working hours as well as meal periods and break periods, regardless of whether on premises, and all hours when the employee represents the Company in any capacity. IV. DRUG USE PROHIBITIONS A. The use, sale, purchase, possession, manufacture, distribution or dispensation of illegal drugs on Company property or during working time is against Company policy and are grounds for disciplinary action up to and including discharge. B. It is also against Company policy for an employee to report to work or to work with the presence of illegal drugs in the employee's body. Employees who violate this policy are subject to disciplinary action up to and including discharge.

2 C. Legal drugs may also affect the safety of the employee or fellow employees or members of the public. Therefore, any employee who is taking any legal drug which might impair safety, performance or any motor functions must advise his or her Operator before reporting to work under such medication. A failure to do so may result in disciplinary action. If the Company determines that such use does not pose a safety risk, the employee will be permitted to work. If such use impairs the employee's ability to safely or effectively perform his or her job, the Company may temporarily reassign the employee or grant a leave of absence during the period of treatment. Improper use of "legal drugs" is prohibited and may result in disciplinary action. Prescription medication must be kept in its original container if such medication is taken during working hours or on Company property. D. Refusal to submit to, efforts to tamper with, or failure to pass a drug test are grounds for disciplinary action, up to and including discharge, and/or referral to the Company's EAP (Employee Assistance Program). V. TESTING A. Pre-employment Testing Applicants for and current employees being promoted into one of the following job classes may be tested for presence of drugs: Operator Operator Trainee Assistant Manager Assistant Manager Trainee Shift Manager Shift Manager Trainee Administrative Warehouse Executive Department Heads The Human Resources Department shall direct applicants and current employee to an appropriate collection facility. The drug test must be undertaken as soon after notification as possible, and no later than 48 hours after notice to the applicant or current employee. The Company will decline to extend a final offer of employment to any applicant with a verified positive test result and such applicant may no t reapply to the Company for a period of six months. Current employee with verified positive test result will be denied promotion and will receive disciplinary action up to and including termination and/or be referred to the EAP. The Company shall inform the applicant or current employee that a confirmed presence of an illegal drug in the applicant s urine precludes the Company from hiring the applicant or promoting the employee. B. Reasonable Suspicion Testing 1. An employee may be asked to submit to a drug test if reasonable suspicion exists to indicate that his or her ability to perform work safely or effectively may be impaired. Testing for reasonable suspicion should be based on specific objective facts and reasonable inferences drawn from these facts in the light of experience. Testing for reasonable suspicion does not require certainty; however, mere "hunches" are not sufficient to meet this standard. Factors which could establish reasonable suspicion include, but are not limited to, the following: A. Direct observation of an individual engaged in drug-related activity; B. A pattern of abnormal conduct; C. Unusual, irrational, or erratic behavior; D. Unexplained, increased, or excessive absenteeism or tardiness; E. Sudden changes in work performance; F. Repeated failure to follow instructions or operating procedures; G. Violation of Company safety policies or failure to follow safe work practices; H. Unexplained or excessive negligence or carelessness; I. Discovery or presence of drugs in an employee's possession or near the employee's workplace; J. Odor or residual odor peculiar to some drugs; K. Arrest or conviction for a drug-related crime; L. Information provided either by reliable and credible sources or independently corroborated; or M. Evidence that an employee has tampered with a prior drug test. 2. If an Operator believes reasonable suspicion exists, the Operator should report his or her findings and observations to the District Supervisor and the Human Resources Department. Factors which substantiate reasonable suspicion should be documented by the Operator on the Substance Abuse Investigation Report (Appendix B). Upon approval

3 by the Human Resources Department or an officer of the Company, the employee will be asked to submit to a drug test and sign a form acknowledging his or her consent. C. Post-accident Testing Employees may be tested for the presence of drugs, and may also be subjected to a blood test for the presence of drugs or alcohol, following an accident or other occurrence that involves one or more of the following covered events: a fatality, an injury to an employee or other individual, an employee accident whether or not an injury is involved, an accident involving a Company vehicle (whether or not anyone is injured), and/or substantial damage to other property. D. Additional Testing Additional testing may also be conducted as required by applicable state or federal laws, rules, or regulations or as deemed necessary by the Company. E. Testing Procedure 1. The Company will determine for which drugs testing will be performed. 2. The Company will use a qualified independent laboratory to conduct its drug tests. All urine samples will be tested according to the following sequence: a. All urine samples will first be subjected to an initial screening process to detect the presence of illegal drugs; b. Those samples having a negative screen (no illegal or illicitly used substance present) will be considered to have tested negative, and no further testing will be done on that sample; and c. Those samples that test positive on the first screen will be tested more extensively by means of Gas Chromatography/Mass Spectrometry (GC/MS) to confirm the presence of illegal drugs. 3. Employees will be informed of the results by Human Resources or other appropriate Company official. 4. Any employee who adulterates a specimen or otherwise attempts to invalidate a test shall be subject to disciplinary action up to and including discharge. 5. Urine collection procedures shall allow individual privacy unless there is reason to believe that a particular individual may adulterate or substitute the specimen to be provided based upon knowledge of prior substance use (e.g., a previous positive test) or based upon the circumstances. VI. F. Dilute Drug Screen Results (Non DOT) 1. In cases of urine drug screen results returned by the lab with dilute or negative-dilute results, the applicant or employee will be referred to Human Resources for further action. 2. Human Resources will locate a facility within a reasonable distance from the employee or applicant that can perform hair analysis drug screens. Once the facility is located and a company account is set up with the facility, the applicant or employee will be contacted with further testing instructions. 3. The results of a hair analysis drug screen typically are returned within hours. Once the results are obtained from the testing facility, the applicant or employee will be notified of the results as well as the Operator and/or Recruiter. 4. If the results of the hair analysis test are negative, the applicant or employee will not be referred to EAP or need to take any further action. 5. If the results of the hair analysis test are positive, the applicant will no longer be eligible for hire and a current employee will be referred to complete the EAP program. DISCIPLINARY ACTION A. Refusal to consent to testing, failure to appear for testing, tampering with the test, or failing to cooperate with the testing procedure is grounds for disciplinary action, up to and including discharge. Any employee having a positive drug test during his or her employment with the Company will be subject to disciplinary action up to and including termination. B. An employee may be suspended without pay pending the results of a drug test or investigation. VII. INVESTIGATION A. To ensure that illegal drugs do not enter or affect the workplace, the Company reserves the right to search all vehicles, containers, lockers, or other items on Company property in furtherance of this policy. Individuals may be requested to display personal property for visual inspection upon Company request. B. Searches will be conducted only where the Company has reason to believe that the employee has violated the Company's Substance Abuse Policy. C. Failure to consent to a search or display personal property for visual inspection is grounds for disciplinary action, up to and including discharge, or denial of access to Company premises. D. Searches of an employee's personal property will take place only in the employee's presence. All searches under this policy will occur with the utmost discretion and consideration for the employee involved.

4 E. Management may require individuals to empty their pockets, but under no circumstances should an employee be required to remove articles of clothing or be physically searched by another employee VIII. ARREST OR CONVICTION FOR DRUG-RELATED CRIME A. If an employee is arrested for or convicted of a drug-related crime, the Company will investigate all of the circumstances, and Company officials may utilize the drug-testing procedure if reasonable suspicion is established by the investigation. In most cases, an arrest for a drug-related crime constitutes reasonable suspicion under the Policy. The following procedures will apply: B. During the investigation, an employee may be placed on leave without pay. After the investigation is completed, the leave may be converted to a suspension or the employee may be reinstated, depending upon the facts and circumstances. C. If convicted of a drug-related crime, an employee will be subject to disciplinary action up to and including discharge. D. If an employee has been suspended and the case has been dismissed or otherwise disposed of, the Company will make a determination as to whether to authorize the employee's return to work based on its investigation. E. As a condition of employment, an employee shall notify the Company's Human Resources Department of any criminal drug statute conviction for a violation which occurred on Company premises. The employee must give notice to the Company within five (5) days of such conviction. IX. EMPLOYEE ASSISTANCE PROGRAM (EAP) A. The Company maintains an Employee Assistance Program ("EAP"). The EAP is designed to assist employees in locating local organizations which provide evaluation, counseling and treatment for alcohol and drug dependency and abuse and other personal or emotional problems. The Company encourages employees who believe they have a substance abuse problem to voluntarily seek treatment. An employee with questions about the EAP, or who seeks a referral, should contact the Human Resources Department. B. Information about a self-referred employee's contact with the EAP is confidential and will not be disseminated without the employee's permission. Further, an employee is not subject to discipline solely as a result of self-referral for treatment. Use of the EAP or other community resources will not shield an employee from appropriate disciplinary action for violation of the Company's rules or policies if such violation comes to the Company's attention through other means, such as direct observation, performance, testing, etc. C. In keeping with the Company's need for safety and security, the Operations Department and the Human Resources Department will determine whether the Company should grant a leave of absence or reassign an employee following a positive test or during the period of evaluation, treatment, or counseling. D. Participation in any evaluation, treatment, or counseling program will be at the employee's expense unless the employee is entitled to such benefits under the terms of the Company's group health plan or by other available benefits. Time lost from work for such a program shall be without pay. X. CONFIDENTIALITY Results of an employee's test for the use of illegal drugs shall be transmitted to the Human Resources Department. In order to effectively address employees with drug problems, it will be necessary for the Human Resources Department to consult with other persons in the process. However, such results will be disseminated only on a need-to-know basis. THIS POLICY SUPERSEDES ANY INFORMATION PROVIDED TO APPLICANTS AND/OR EMPLOYEES, EITHER WRITTEN OR ORAL. THE COMPANY RESERVES THE RIGHT TO CHANGE THE PROVISIONS OF THIS POLICY AND TESTING PROGRAM AT ANY TIME IN THE FUTURE. Revised: 2014

5 Substance Abuse Policy Investigation Report I have observed the following condition(s) affecting the work of which give(s) rise to suspicion of possible substance abuse and request an investigation of the same: Condition(s) Observed: Operator's Signature District Supervisor s Signature Human Resources Signature

6 Employee Acknowledgment of Receipt and Understanding I,, hereby acknowledge that I have received and read the Company s substance abuse policy and have had an opportunity to have any aspect of the policy which I did not understand fully explained. I also understand that I must abide by the policy as a condition of employment, and any violation may result in disciplinary action, up to and including termination. Further, I understand during my employment I may be required to submit to testing for the presence if illegal drugs. I understand that submission to such testing is a condition of employment with the Company and disciplinary action, up to and including termination, may result if: (1) I refuse to consent to such testing; (2) I refuse to execute all forms of consent and release of liability as are usually and reasonably attendant to such examinations; (3) I refuse to authorize release of the test results to the Company; (4) the tests establish a violation of the Company s substance abuse policy; or (5) I otherwise violate the policy. I also understand that the substance abuse policy and related documents are not intended to constitute a contract between the company and me. Employee's Signature Witness's Signature Store Number