Drug and Alcohol Policy Agreement

Drug and Alcohol Policy Agreement

This Drug and Alcohol Policy Agreement ("Agreement") is made and entered into as of Effective Date: , by and between Employer Name: , with principal address at (hereinafter "Employer"), and Employee Name: , residing at (hereinafter "Employee").

RECITALS

WHEREAS, Employer maintains a workplace safety policy intended to protect employees, customers and the public by prohibiting the unlawful manufacture, distribution, dispensation, possession, use of controlled substances or alcohol in the workplace; and

WHEREAS, Employee acknowledges receipt of the Employer's policy, understands the safety-sensitive nature of Employee's duties, and is willing to comply with the testing, reporting, and rehabilitation provisions set forth herein; and

WHEREAS, the parties desire to set forth their respective rights and obligations concerning testing, discipline, confidentiality, and return-to-duty procedures in a written agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement: "Controlled substance" means any drug or substance the use of which is prohibited by law or by Employer policy. "Alcohol" means ethyl alcohol. "Positive test result" means a laboratory-confirmed presence of prohibited substances or alcohol at or above the levels established by Employer or applicable law.

2. SCOPE AND APPLICATION

This Agreement applies to Employee during the term of employment, while on Employer premises, on Employer business, or while operating Employer vehicles or equipment. Employee's compliance with this Agreement is a condition of continued employment.

3. PROHIBITED CONDUCT

Employee shall not: (a) possess, use, distribute, sell, transfer, or be under the influence of controlled substances or alcohol while performing duties for Employer; (b) refuse or obstruct required testing; or (c) fail to report any prescription medication or lawful substance use that may impair performance when requested by Employer.

4. TESTING AUTHORIZATION; TYPES OF TESTS

Employee consents to and authorizes testing for alcohol and controlled substances in the following circumstances: pre-employment, reasonable suspicion, post-accident, random selection, return-to-duty, and follow-up. Testing methods may include urine, blood, saliva, breath, or other lawful specimen collection.

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5. CONSENT TO TESTING AND RELEASE

Employee expressly consents to submit to testing when requested and authorizes the testing laboratory and Employer to disclose test results and related medical information to Employer's designated representatives, including supervisors, safety managers, legal counsel, and any medical review officer. Employee further authorizes Employer to act upon confirmed positive results consistent with this Agreement.

Employee acknowledges that refusal to submit to testing, adulteration or substitution of samples, failure to comply with collection procedures, or attempt to interfere with testing shall be treated as a positive test result and may constitute grounds for disciplinary action, up to and including termination.

6. DISCIPLINE AND RETURN-TO-DUTY

Upon a confirmed positive test result or prohibited conduct, Employer may impose disciplinary measures, including suspension, mandatory rehabilitation, reassignment, or termination. Employer retains sole discretion to determine appropriate discipline consistent with applicable law and this Agreement.

Return-to-duty following a positive test or violation requires: (a) successful completion of any required evaluation and treatment program; (b) a negative return-to-duty test; and (c) agreement to a follow-up testing schedule determined by Employer and the treating provider.

7. EMPLOYEE ASSISTANCE AND REHABILITATION

Employer may, in its discretion, provide access to an Employee Assistance Program (EAP) or require participation in a rehabilitation program. EAP Provider Name: ; Contact: .

8. CONFIDENTIALITY AND RECORDS

Medical information and drug and alcohol test results shall be maintained as confidential medical records and disclosed only to those with a legitimate need to know, except as required by law, regulation, or this Agreement. Employer will retain records in accordance with applicable legal obligations.

9. NOTICES

Notices shall be sent to the addresses provided above and shall be deemed given on the date of personal delivery, or three business days after deposit in the U.S. mail, postage prepaid, addressed as set forth above.

10. REPRESENTATIONS AND WARRANTIES

Employee represents that Employee has not been advised by a physician against submitting to the testing procedures described herein, that Employee will comply with collection protocols, and that Employee will truthfully disclose any authorized medication use when requested. Employer represents that it will administer testing in a nondiscriminatory manner and in accordance with applicable legal standards.

11. LIABILITY RELEASE

To the fullest extent permitted by law, Employee releases Employer, its agents, and testing providers from liability for actions taken in good faith under this Agreement, including but not limited to suspension or termination based on confirmed positive results or refusal to test.

12. AMENDMENT; WAIVER

This Agreement may be amended only by a written instrument signed by both parties. Failure by either party to enforce any provision shall not constitute a waiver of that provision or any other provision.

13. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the state identified as the Governing State:

This Agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes all prior negotiations and agreements. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

ACKNOWLEDGMENT

Employee acknowledges receipt of a copy of this Agreement and confirms understanding of the policy, testing procedures, possible consequences of a violation, and available rehabilitation resources.

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