Employee Drug Free Policy

EMPLOYEE DRUG FREE POLICY

Employer Name:   Effective Date:

Purpose

This Drug Free Policy establishes the Employer's commitment to a workplace free from the use, possession, distribution, sale, or being under the influence of illegal drugs and the misuse of controlled substances and alcohol. The policy sets forth prohibited conduct, testing procedures, assistance resources, confidentiality protections, and disciplinary consequences to protect safety, health, and property.

Scope

This policy applies to all employees, contractors, interns, volunteers, and applicants for employment of Employer Name regardless of position or classification, unless limited by applicable law. Compliance with this policy is a condition of employment and continued assignment.

Definitions

Controlled Substance: any drug or substance regulated by law. Illegal Drug: a substance whose possession, use, or distribution is unlawful. Impairment: a physical or mental condition resulting in diminished capacity to perform job duties safely. Reasonable Suspicion: a belief based on specific, articulable observations concerning appearance, behavior, speech, or smell indicating possible drug or alcohol use.

Prohibited Conduct

The following conduct is prohibited on Employer premises, in Employer vehicles, during work hours, or while performing job duties off-site: (a) unlawful manufacture, possession, distribution, sale, or transfer of controlled substances; (b) reporting to work or performing duties while under the influence of illegal drugs or alcohol; (c) refusal to submit to required drug or alcohol testing; (d) concealment of drugs or drug paraphernalia; and (e) tampering with a specimen or testing process.

Testing Procedures

Employer may require testing in the following circumstances; selection of applicable tests is at Employer's discretion:

Types of Testing (check all that apply): Pre-employment testing Reasonable suspicion testing Post-accident testing Random testing Return-to-duty testing Follow-up testing

Specimen collection and testing will be conducted by a qualified collection facility and laboratory using accepted scientific methods, including initial immunoassay screening and confirmatory testing by a validated technique when appropriate. A Medical Review Officer (MRO) or designated clinician will review positive confirmatory results and any legitimate medical explanations submitted by the employee. Employees may request testing of a split specimen where permitted by the testing laboratory and applicable law; the time periods and conditions for split-sample testing will be those provided by the laboratory and applicable regulations.

Prescription and Over-the-Counter Medication

Employees taking prescribed or over-the-counter medication that may affect ability to safely perform duties must notify their supervisor or Human Resources prior to performing safety-sensitive duties. Notification must include name of medication, prescribing clinician, and anticipated duration. A valid prescription or medical documentation will be evaluated for reasonable accommodations where required by law.

Confidentiality

Test results, medical information, and related records will be maintained as confidential personnel records to the extent permitted by law. Disclosure of test results will be limited to those with a legitimate business or legal need to know, including supervisors for safety purposes, designated medical personnel, the MRO, and as required by law or legal process.

Disciplinary Actions and Return-to-Work

A confirmed positive test result, refusal to test, tampering with specimens, or other prohibited conduct may result in disciplinary action up to and including termination. Where applicable and feasible, Employer may offer or require referral to an employee assistance program, conditional reinstatement, or last-chance agreement. Reinstatement following a positive test may require successful completion of a treatment program, a negative return-to-duty test, and a schedule of unannounced follow-up testing.

Employee Assistance

Employer encourages employees with substance use issues to seek voluntary assistance. Participation in treatment or counseling programs will be handled in a manner consistent with confidentiality obligations and applicable law. Requesting assistance will not be a substitute for required testing or an automatic shield from discipline for policy violations.

Notification, Recordkeeping and Compliance

Employer will maintain records of tests, results, and actions taken in accordance with recordkeeping obligations under applicable laws. Employer will comply with legal requirements for notice to employees and applicants regarding drug testing and will cooperate with law enforcement when required by law.

At-Will Employment and Equal Opportunity

Nothing in this policy is intended to alter the at-will nature of employment where applicable; either Employer or employee may terminate employment at any time with or without cause and with or without notice unless a written agreement provides otherwise. Employer is an equal opportunity employer and will not discriminate against employees or applicants on the basis of protected characteristics where protections apply.

Authorization to Test and Release Information

By signing below, I authorize Employer and its authorized agents to administer drug and alcohol tests as described in this policy. I authorize release of test results, medical information, and related records to Employer, the MRO, treatment providers, and as required by law. I also authorize the MRO and laboratory to discuss test results with Employer and treatment providers for purposes of evaluation, treatment, and safety determinations.

Employee Information

Position Information

Employment History (Most Recent)

Employment History (Prior)

Education

References (Professional)

Applicant / Employee Certification and Authorization

I certify that all information provided on this form is true and complete to the best of my knowledge. I understand that providing false information or omitting material facts may result in disciplinary action up to and including termination.

I authorize Employer to contact my previous employers and listed references for the purpose of verifying employment history and job-related qualifications. I further authorize release of employment records and information necessary to verify my qualifications and fitness for duty, subject to applicable legal limitations.

By signing below I give my informed consent to alcohol and drug testing as permitted under this policy and applicable law. I understand that refusal to submit to testing or tampering with a specimen will be treated as a positive test result for disciplinary purposes. I authorize any medical provider, clinic, laboratory, or MRO with information relevant to my test results to disclose such information to Employer.

Employee acknowledges receipt of this policy and understands their responsibilities under it. Employee further acknowledges that Employer retains the right to amend or modify this policy at any time in accordance with business needs and legal requirements.

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