The contents of this sample are not to be regarded as legal advice. individuals with particular questions should seek advice of counsel.

Transcription

1 Sample Drug, Alcohol, and Contraband Policy This sample reflects only one generic approach. Legal obligations differ among U.S. jurisdictions and among industries. For purposes of this presentation paper, this sample policy was drafted in compliance with, and specifically references, Louisiana law and would need to be tailored to other jurisdictions. The contents of this sample are not to be regarded as legal advice. individuals with particular questions should seek advice of counsel. Companies or (hereinafter the Employer ) established this drug, alcohol, and contraband policy (this Policy ) in connection with testing and other actions which the Employer may take in accordance with applicable law. To the extent an applicable federal, state, or local law is contrary to this Policy, the applicable law will prevail, and the Policy shall be deemed modified to comply with the applicable law. 1. Definitions A. The term Employer s premises shall mean the following when used in this Policy: 1. All premises and locations owned by, leased by or under the control of the Employer including all parking lots, desks, lockers, and storage areas; 2. All premises and locations at which any work is performed by the Employer or any of its employees, agents, or contractors; and/or 3. All automobiles, trucks, and other vehicles owned by, leased by, used by or otherwise under the Employer s control and all other automobiles, trucks, and other vehicles under the Employer s control or used by or operated by the Employer s employee(s) during the course and scope of the employee s employment with the Employer, including the employee s personal vehicle. B. The term illegal drug means any drug or other similar substances which, the possession, use, concealment, transportation, promotion, purchase, or sale of which is made illegal by any law of the United States or any regulation of any U.S. department, subdivision, or agency, or by any applicable state or local law or regulation. C. The term controlled substance means any drugs, substances, or items which are defined or listed as a controlled substance by any law of the United States or any regulation of any U.S. department, subdivision, or agency, or by any applicable state or local law or regulation. The term controlled substance specifically includes, but is not limited to, any drugs, substances, or items which are defined

2 or listed as controlled substances in 21 U.S.C. Section 812, Schedules I, II, III, IV, and/or V. D. The term dangerous drug means a narcotic drug, a controlled substance, or a controlled-substance analog (as defined in Section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 802)). 2. Prohibited Conduct in Regard to All Employees The provisions set forth in 2(A)-(D) apply to all employees. A. Prohibited Items and Substances All employees are prohibited from possessing, using, concealing, transporting, promoting, purchasing or selling, or offering to purchase or sell, any of the following items or substances on all Employer premises: 1. Any illegal drugs; 2. Any non-prescribed controlled substance; 3. Any non-prescribed dangerous drug; 4. Synthetic drugs, designer drugs or look-alike drugs; 5. Alcoholic beverages; and 6. Paraphernalia related to illegal drugs and/or non-prescribed controlled substances or non-prescribed dangerous drugs. B. Alcohol All employees are prohibited from working, reporting for work, or being on the Employer s premises under the influence of alcohol. An employee will be considered to be under the influence of alcohol under any one or more of the following circumstances: 1. if his or her blood alcohol concentration is 0.04% or more; 2. if he or she would be considered as being under the influence of alcohol pursuant to any applicable federal, state, or local law, rule or regulation; or 3. if other circumstances show him or her to be under the influence of alcohol.

3 C. Drugs All employees are prohibited from working, reporting for work or being on the Employer s premises with any detectable amount of any illegal drug, nonprescribed controlled substance, non-prescribed dangerous drug, or metabolite thereof in their systems. D. Federal, State and Local Laws, Rules and Regulations In addition to the rules and requirements set forth in this Policy, all employees must comply with all applicable federal, state and local laws, rules and regulations in connection with their work with the Employer. 3. Searches and Inspections The Employer may, at any time and without advance notification, conduct searches or inspections of any employees. Areas subject to these searches or inspections include, without limitation, employees : lockers, desks, file cabinets; lunch boxes, purses, and other hand bags and/or backpacks, brief cases; personal effects; clothing; work areas; and vehicles. Employees should have no expectation of privacy in these or similar areas. These searches or inspections will be made for the purpose of determining if the searched employee(s) are using, possessing, transporting, or concealing any prohibited items or substances. These searches and inspections may be conducted by supervisors or by other individuals or entities authorized by the Employer. Trained dogs may be used. Prohibited items may be confiscated and turned over to law enforcement authorities. 4. Alcohol And Drug Testing Of Employees As Allowed By Applicable Law A. Testing Allowed by Law The Employer may test its employees for the purpose of detecting alcohol, illegal drugs, controlled substances, dangerous drugs, or metabolites thereof in their systems by using urine, breath, or other tests. These tests may (to the extent and in the manner allowed by law) be used in any of the following circumstances: 1. Pre-placement testing;

4 2. Return-to-work testing; 3. Annual or periodic drug testing; 4. Drug testing as part of an overall search and inspection of the Employer s premises; 5. When a supervisor or other appropriate personnel suspects that an employee is under the influence of, is in the possession of, is using or has used an illegal drug, a controlled substance, a dangerous drug, or alcohol; 6. When an official of the Employer or supervisor believes that there is reasonable cause to require such a test or tests; 7. When an employee is found in possession of any item or substance that is prohibited or suspected to be prohibited; 8. Following an accident or potential accident; 9. Drug testing of all employees or all employees in a group of employees; and 10. Random drug testing of all employees or random testing within a group of employees. B. The Execution of Forms and Documents Employees will be required to execute various forms or documents in connection with this Policy or the testing referred to in this Policy. These forms or documents may include forms or documents which will (to the extent and in the manner allowed by law): document the chain of custody of the specimen tested; and acknowledge notice of this Policy. The Employer may authorize other individuals or entities to conduct or assist with any of the tests described above, and to assist in the execution of all required forms or documents. C. Action Which May Be Taken for Policy Violations Compliance with this Policy is a condition of continued employment for all employees. Employees will be subject to disciplinary action up to and including termination from employment for the following:

5 1. Refusing at any time to submit to a search or inspection or to a urine, breath, or other test for the detection of alcohol, illegal drugs, controlled substances, or dangerous drugs, or metabolites thereof; 2. Possessing, using, concealing, transporting, promoting, purchasing or offering to purchase, distributing, or selling any prohibited item or substance on the Employer s premises; 3. Working, reporting for work, or being on the Employer s premises while under the influence of alcohol; 4. Working, reporting for work, or being on the Employer s premises with an illegal drug or non-prescribed controlled substance, non-prescribed dangerous drug, or any metabolite thereof in his or her system; 5. Refusing or failing to properly and fully complete all forms or documents requested in connection with this Policy or any urine, breath, or other test; 6. Any violation of any applicable federal, state or local law, rule or regulation in connection with the employee s work with the Employer. The proper law enforcement authorities may be notified in appropriate cases. In addition to, and not in lieu of possible termination, any employee who tests positive for alcohol or drug use prohibited by this Policy may (to the extent and manner allowed by law) be denied benefits to which the employee may have otherwise been entitled but for the employee s violation of this policy. Pursuant to La. R.S. 49:1011, any employee whose drug test is confirmed positive, upon his or her written request, shall have the right of access, within seven (7) working days, to records relating to his or her drug test and any records relating to the results of any relevant certification, review, or suspension/revocation-of-certification proceedings. The Employer may consider any confirmed positive test for drug use as misconduct pursuant to applicable law, including but not limited to La. R.S. 23:1601(10). The refusal to submit to a drug test shall also be considered misconduct pursuant to applicable law, including but not limited to, La. R.S. 23:1601(10). Pursuant to La. R.S. 23:1081, an employee may be denied workers compensation if the employee was intoxicated as defined in La. R.S. 23:1081, at the time of the injury.

6 Pursuant to applicable law, an employee who was intoxicated at the time of an injury occurring in the course of and within the scope of employment may be denied workers compensation. 5. Drug Testing Of Applicants A. Testing as Allowed by Law The Employer may (to the extent and in the manner allowed by law) require anyone applying to work for the Employer to be tested for the detection of illegal drugs, dangerous drugs, or controlled substances or metabolites thereof, but not alcohol. B. The Execution of Forms and Documents In addition, the Employer may require any applicants to complete various forms or documents in connection with this Policy. These forms or documents may include forms or documents which will (to the extent and in the manner allowed by law): document the chain of custody of the specimen tested; and acknowledge notice of this Policy. The Employer may authorize other individuals and entities to conduct or assist with any such tests and to assist in the execution of all required forms and documents. C. Action Which May be Taken The Employer reserves the right to refuse to hire any individual applying for employment with the Employer who: refuses to submit to any such urine, breath or other tests; fails to complete fully and properly all forms or documents in connection with this Policy or with such tests; or tests positive. This Policy and these programs are made for the maximum safety and well-being of all employees and the general public. Your assistance and cooperation in the achievement of this goal is vitally important and will be greatly appreciated.

7 EMPLOYEE ACKNOWLEDGMENT I have received a copy of ( the Company ) Drug, Alcohol, and Contraband Policy (the Policy ). I have read the policy, or have had the Policy read to me, and I understand the Policy and agree to submit to all of its requirements, including urine, breath, and any other testing procedures and any searches or inspections which the Company may wish to perform or conduct. I agree to properly and fully complete all required forms or documents. I understand and agree that the Company may use the services of other individuals and entities in connection with the testing procedures and to assist in the execution of all required forms or documents. I understand and agree that information, including the results of such tests, may (to the extent and in the manner allowed by law) be disclosed to and known by such other individuals and entities. I additionally understand and agree that the Company may (to the extent and in the manner allowed by law) disclose any information which it obtains in connection with this Policy to other persons or entities including, but not limited to, members of the Company s management and its attorneys. I understand and agree that compliance with the Policy is a condition of my employment with the Company. I understand and agree that the disciplinary action that may be taken if I violate any provision of the Policy includes discharge. Employee Signature Date Employee s Printed Name [EMPLOYER] Date Representative s Printed Name

8 APPLICANT ACKNOWLEDGMENT I have received a copy of ( the Company ) Drug, Alcohol, and Contraband Policy (the Policy ). I have read the Policy, or have had the Policy read to me, and I understand the Policy and agree to submit to all of its requirements, including urine, breath, and any other testing procedures which the Company may wish to perform or conduct. I agree to properly and fully complete all required forms or documents. I understand and agree that compliance with the Policy will be a condition of my employment with the Company if I am hired by the Company. I understand and agree that the Company may use the services of other individuals and entities in connection with the testing procedures and to assist in the execution of all required forms or documents. I understand and agree that information, including the results of such tests, may (to the extent and in the manner allowed by law) be disclosed to and known by such other individuals and entities. I additionally understand and agree that the Company may (to the extent and in the manner allowed by law) disclose any information which it obtains in connection with this Policy to other persons or entities including, but not limited to, members of the Company s management and its attorneys. I additionally understand and agree that the Company may refuse to hire me because of the results of any test performed in connection with this Policy or because I fail to properly or fully complete all forms or documents requests in connection with such tests. Applicant for Employment With [EMPLOYER] _ Date Applicant s Printed Name [EMPLOYER] Representative Date Representative s Printed Name