Drug-Alcohol Free Workplace Program
Prohibited Substance Policy
I. Policy Statement
The Company has a vital interest in maintaining a safe, healthy and efficient work place for its employees. The unauthorized possession, use or abuse of any controlled substance or alcohol poses an unacceptable risk to safe, healthy and efficient work performance.
The Company recognizes that its business success is dependent upon the physical and psychological health of its employees. Accordingly, it is the right, obligation and intent of the Company to maintain a safe, healthful and efficient working environment for all of its employees, and to protect the Company staff, clients, reputation, property, equipment and operations.
The Company may elect to implement an Employee Assistance Program (EAP) and/or, but not limited to consider an employee’s rights under the American with Disabilities Amendment Act (ADAAA) that provides help to employees who seek assistance for alcohol and/or drug abuse and other personal or emotional problems.
II. Purposes of the Policy
This Policy is established to (1) ensure a safe environment for employees and clients; (2) protect Company and employee property; (3) increase productivity, efficiency and quality of service; and (4) enhance operational security.
This Policy applies to all employees of the Company and any of its subsidiaries, divisions and related corporate entities.
IV. When the Policy Applies
The Policy shall apply to employees when they are on Company time, on Company/Client premises or are representing the Company. It also covers certain specified conduct that takes place outside of Company time and off Company premises. For the purposes of this Policy, Company "premises" is defined as all property, facilities, land, buildings, structures, fixtures, installations, automobiles, trucks and other vehicles, whether owned, leased or used by the Company. Company "time" is defined as any period when an employee is on duty, is performing, expected to be performing, or is ready to perform work duties for the Company, whether or not the employee is at his or her regularly assigned work station or location.
A. Searches. An employee's personal property may be subject to a search if there is reasonable suspicion to believe the employee is in possession of or has sold, stored purchased, manufactured, dispensed or distributed prohibited substances while on Company time or premises. The Company reserves the right to inspect the contents of any Company property being used by the employee at any time. An employee who refuses to submit to a test or search may be subject to disciplinary action up to and including termination.
B. Employee Privacy. Testing and searches will be conducted with due regard for the personal privacy and integrity of each employee.
VI. Consequences and Last Chance Agreements
If an employee violates this Policy in any manner, including but not limited to refusing to be tested, having a confirmed test result indicating the presence of illegal drug metabolites or an alcohol concentration of 0.02 or greater, the employee may be subject to corrective action up to and including immediate termination.
An employee charged with a violation of this Policy may, at the Company's sole and absolute discretion and without precedent, may be offered the opportunity to enter into a "Last Chance Agreement." The primary objective of a Last Chance Agreement is to rehabilitate an employee who has or may develop problems with alcohol, drugs, or other health or behavioral problems. An employee returning to work under a Last Chance Agreement will be subject to immediate discharge for any violation of this Policy or any other Company policy or Workplace Rule.
VII. Confiscating substances
In the event of a substance being on company property or on any employee the appropriate authority will be notified of someone being in possession of an illegal substance. It is up to the authority to confiscate the substance and not the employer.
VIII. Prohibited Conduct
A. On Company/Client Time or Premises.
- Unauthorized use, consumption, possession, manufacture, distribution, dispensation, solicitation, purchase or sale of a prohibited substance as defined in Section IX. Prohibited Substances.
- Storing any prohibited substance or drug paraphernalia in or on a person, vehicle, locker, desk, purse, backpack, office, tool box, meal container or other repository.
- Being under the influence of or impaired by a controlled substance or alcohol. "Under the influence or impaired by" means having any detectable level of an illegal drug or controlled substance or its metabolite in an employee's system (as indicated by a positive drug test result), or having a breath alcohol concentration of 0.02 or greater.
- Refusing to submit to a search when requested by the Company consistent with the requirements of this Policy.
- Refusing to sign a statement agreeing to abide by the Company's Prohibited Substances Policy.
- Refusing to sign a consent form authorizing testing and release of results to the Company, or refusal to consent to the testing process.
- Failure to report to the Company the use of a prescribed drug, which may alter the employee's behavior or physical or mental ability to perform work activities.
B. Off Company Time or Premises.
- Possession, use, consumption, manufacture, distribution, dispensation, solicitation, purchase or sale of illegal drugs.
- Consumption of alcohol or other prohibited substance that adversely affects an employee's work performance; his/her safety at work or the safety of clients or co-workers; or the Company's regard or reputation in the community.
- Refusing to consent to testing or failing to submit urine, breath or other sample for testing without valid medical explanation when requested by the Company consistent with the requirements of this Policy.
- Substituting or adulterating anybody substance or specimen submitted for testing, or falsely representing the body substance or specimen as the employee's own sample, or otherwise interfering with the sample submission or testing process.
- Failing to adhere to the requirements of any drug or alcohol treatment or rehabilitation program in which the employee is enrolled pursuant to this Policy.
C. On-Call Employees
An employee who is placed on an official on-call status by the Company will not be in violation of the Prohibited Substances Policy if the employee is called in and reports to work at the request of facility management after consuming not more than a moderate and socially reasonable amount of alcohol. The call-in must involve the need to address a business emergency or other non-regularly scheduled matter. Such an on-call employee must notify the requesting manager in advance if he/she has consumed alcohol. No exception will be made for an employee who has consumed or is under the influence of illegal drugs or other controlled substances.
An employee who is called in to work after consuming alcohol may not drive a vehicle to the facility if he/she reasonably believes, or reasonably should have known, that (1) his/her alcohol concentration exceeds the legal allowable limits under State and/or Local traffic laws, or (2) that his/her ability to operate a motor vehicle is impaired in any manner. Such an employee must obtain alternate means of transportation to the facility. Some examples may include being driven to work by a family member or friend, requesting to be picked up by a Company employee, or utilizing public transportation or a taxi service, which shall be reimbursed by the Company.
IX. Prohibited Substances
The following are prohibited substances within the meaning of this policy:
A. Illegal drugs and other controlled substances (including trace amounts) which have the effect of altering the physical and/or mental abilities of the employee, including any substance for which the possession, sale, distribution or use is unlawful pursuant to federal, state or local laws or regulation.
B. Alcoholic beverages, which includes any beverage, mixture or preparation, including any medication, containing alcohol.
C. Prescription drugs which are known to or may impair an employee's work performance, or which have not been legally obtained, or which are not being used for its intended purpose, or in the prescribed manner or quantity/dosage - except as provided in Section Prescription Drugs and Other Medications.
D. Products or substances containing hemp or dronabinol (brand name Marinol).
X. Prescription Drugs and Other Medications
A. Employee Responsibility.
An employee using a prescription drug or over-the-counter medication which is known to or may cause job impairment, is responsible for being aware of any potential effect such drug may have on his/her judgment or ability to perform work related duties and for reporting such use to his/her supervisor prior to beginning work. The consumption of marijuana and/or marijuana based substances is not permitted even if prescribed by a physician or taken for medicinal purposes. Note: Although legalized in some states, federal employment laws may not offer legal protection for the use of marijuana. Employees reporting to work under the influence of marijuana and/or other substances may be subject to corrective to corrective action up to and including termination of employment.
If an employee fails to comply with the provisions stated in this Section X., neither a physician's prescription nor other medical reason will be an acceptable excuse. A violation of this section may be treated as any other violation under this Policy.
B. Employee Affirmative Duties
- An employee shall inform his/her supervisor prior to using any prescription or over-the-counter medication that has the potential to impair performance on the job.
- Each prescription drug container shall be in the employee's name and shall be used only as directed by the employee's health care provider.
- An employee is responsible for informing his/her supervisor about any other substance that inhibits his/her ability to competently or safely perform his/her job.
XI. Implementation and Enforcement of Policy
A. Employee Testing.
Employees are subject to testing for prohibited substances. Testing will be administered to detect levels of alcohol and, at a minimum, the following controlled substances and/or their metabolites: marijuana, cocaine, opiates, phencyclidine and amphetamines
1. Drug testing will generally utilize urine specimens via the split sample method except when circumstances permit or require testing of other body substances such as saliva, hair follicle or blood testing.
A medical review officer ("MRO") shall review all positive drug test results. In the event of a positive drug test result, the MRO shall make reasonable attempts to contact the employee in order to give him/her an opportunity to discuss the test results with the MRO. Within 72 hours of notification by the MRO, the employee may request that an independent certified laboratory test his/her split sample. The employee shall be responsible for making arrangements and paying for the retest.
2. Alcohol testing will generally utilize breath specimens analyzed by an evidential breath testing device (EBT) except when circumstances permit or require testing by other means such as saliva or blood testing.
B. Job Applicant testing
Job Applicants may be requested to submit samples for prohibited substance testing, which may include, but is not limited to, urine, saliva, blood, breath, hair follicle or other accepted testing procedures in the following circumstances:
- Pre-Employment. Drug testing may be required before a prospective employee can continue to be considered for possible hire. When required, all prospective employees must take and pass a drug test, which means a negative drug test result.
A refusal to be tested or a positive drug test result may disqualify a job applicant from further consideration for a position.
C. Reasonable Suspicion.
Reasonable suspicion for a drug/alcohol test exists when an employee's appearance, behavior, speech, breath or body odors, attendance patterns, work performance level or any other factor relied upon by the Company indicate the use or effects of alcohol and/or drugs.
If a supervisor has determined an employee needs testing based on reasonable suspicion and does not require immediate medical attention, the Company will provide transportation to a specimen collection site. The Company will also make arrangements for suitable transportation to the employee’s residence following testing.
An employee who is required to take a test, based on reasonable suspicion is considered unqualified to work and will be placed on immediate unpaid suspension, pending the results of his/her test(s). If the test results are negative and if the employee has fully cooperated with the testing, the employee will suffer no loss of pay or benefits as a result of the testing.
D. Post-Accident Testing
Employees will be subject to drug and/or alcohol testing following an accident or incident in which medical attention is required from an authorized medical facility, a safety precaution may have been violated or a careless act may have been performed. Post-accident testing may also be ordered for, but not limited to accidents resulting in any damage to Company property.
E. Random. The Company may test employees for drugs and/or alcohol at random and without prior notice. Each employee will have an equal chance of being selected for testing during each selection period, and may be selected more than one time per year. Therefore, employees are subject to random testing at any time throughout the year. When an employee selected for random testing is notified, he/she must immediately report to the specimen collection site.
F. Return-to-duty and Follow-Up. As described in VI. Consequences and Last Chance Agreements, an employee who violates any portion of this Policy may be subject to corrective, up to and including discharge. However, at the Company's sole discretion, any employee with a confirmed positive drug test result, alcohol test result of 0.02 or higher, or a refusal to submit to testing may be reinstated, provided that he/she is first evaluated by a substance abuse professional (SAP) who will determine what assistance, if any, the employee needs in resolving problems associated with substance abuse. The employee will be further evaluated to determine compliance with any rehabilitation program prescribed by the SAP. The employee must also undergo and pass a return-to-duty test for drugs and/or alcohol and be subject to unannounced drug and/or alcohol tests for up to 24 months following return-to-duty. Employee will be responsible for reimbursing the Company for the cost of return-to-duty and prescribed unannounced drug and/or alcohol test(s). The employee will also be subject to a Last Chance Agreement, as described in Section VI. Consequences and Last Chance Agreements.
DRUG/ALCOHOL SCREENING AND INSPECTION CONSENT
Upstream has a policy against drug and alcohol abuse and reserves the right to screen its employees and applicants for employment as an enforcement measure in providing a safe, healthy, and productive working environment.
- By my signature below, I am freely and voluntarily agreeing and consenting to submit a personal specimen of urine and/or blood for chemical analysis and testing to determine or rule out the presence of illegal, abused, or prohibited drugs/alcohol or substances in my body fluids.
- I hereby authorize Upstream’s duly appointed collection facility, or Upstream and testing laboratory, and their personnel, to obtain, process, and test the specimen and to release and discuss the results of the analysis and test to the Human Resources Department for employment purposes. Said information will be handled as confidentially as is reasonably possible, shared only on a "need to know" basis.
- I understand a documented chain of custody exists to ensure the identity and integrity of my specimen throughout the collection and testing process.
- As an applicant, I understand that if I have a positive test or refuse to submit to this drug/alcohol screening analysis and test, this will constitute voluntary withdrawal of my application for employment and no further consideration shall be given. As an employee, I understand that if I have a positive test or refuse to submit to this drug/alcohol screening analysis and test, this will constitute a violation of Upstream’s policy and I will be subject to corrective action up to and including termination of employment.
- I hereby release, forever discharge, and hold harmless Upstream, any physician, technician, medical facility, and laboratory facility and all of their respective officers, directors, employees, representatives, and agents from any and all claims of whatever nature arising out of or in connection with any act or omission relating to any (1) examination, (2) test, (3) collection, (4) procedure, (5) chain of custody, (6) disclosure, (7) analysis, (8) diagnosis, (9) inaccuracy, (10) report, or (11) action performed. This paragraph applies to any negligence, sole negligence, comparative negligence, concurrent negligence, gross negligence, recklessness, wantonness, willfulness, error, act, or omission of any of the individuals or entities covered hereby.
- In consideration of my personal desire for as safe a work environment as possible, I hereby voluntarily give my consent for Upstream to search my person, personal effects, vehicle, and other property located on upstream premises or client worksites, including Upstream vehicles and private vehicles located on Upstream premises or worksites.
- I understand that, like all other Upstream forms, this form does not alter the employment-at-will relationship. I may terminate my employment at any time without cause and Upstream retains the same right.
I agree to all terms and conditions of the substance abuse policy. I have read and understood all aspects of the policy. I have read it under my own will. I understand that any violation of these policies will end my employment immediately