ALCOHOL, DRUG, AND DISCIPLINE POLICY

 

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1. Purpose

[YOUR ORGANIZATION NAME] has a vital interest in insuring safe, healthful, and efficient working conditions for our employees. In addition, as federal contractors, we have to safely and efficiently provide the public with quality goods and services at a reasonable cost. The unlawful presence of controlled substances in the workplace conflicts with these vital interests and constitutes a violation of public trust. For these reasons, we have established, as a condition of employment and continued employment, the following drug-free workplace policy.

2. General

2.1. Prohibition against Unlawful Presence of Controlled Substances in the Workplace

The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on our premises, in the Company's vehicles, or while engaged in the Company's activities is strictly prohibited.

2.2. Notification of Workplace Drug Conviction

You must notify corporate Human Resources of any criminal drug statute conviction for a violation occurring within the workplace within five (5) days of such conviction. Within ten (10) days of such notification or other actual notice, [YOUR ORGANIZATION NAME] will advise the contracting agency of such conviction.

2.3. Compliance as a Condition of Employment

All employees are hereby advised that full compliance with the foregoing policies shall be a condition of employment at [YOUR ORGANIZATION NAME].

2.4. Sanctions for Violations of Drug-Free Workplace Policy

Any employee who violates the foregoing drug-free workplace policy described above shall be subject to discipline up to and including immediate discharge.

2.5. Required Participation in Drug Rehabilitation

At the discretion of the Company, any employee who violates our drug-free workplace policy may be required, in connection with or instead of disciplinary sanctions, to participate to the Company's satisfaction in an approved drug assistance or rehabilitation program.

2.6. Prohibited Conduct

The following conduct regarding alcohol and drug use or abuse is prohibited under this policy:

• Alcohol Use – An employee may not report for duty or remain on duty while having any detectable alcohol concentration in his or her body.
• Alcohol Possession and On-Duty Use of Alcohol – An employee may not possess or use alcohol while on duty.
• Use of Drugs – An employee may not report for duty or remain on duty when the employee has used a drug or drugs or has any detectable amount of such drug in his or her body, except when the use of a legal drug is according to instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to safely perform his or her duties. Employees who are taking a prescription or over-the-counter medication that may impair their ability to perform their duties safely and effectively should provide written notice from their physician or pharmacist to [YOUR ORGANIZATION NAME] Human Resources (HR) Department.
• Refusal to Submit to a Required Test – An employee may not refuse to submit to an alcohol or drug test as directed by [YOUR ORGANIZATION NAME].
• Tampering with a Required Test – An employee may not tamper with, adulterate, alter, substitute, or otherwise obstruct the testing process.
• Possession of Transfer or Sale – No employee may possess, transfer or sell drugs or alcohol while on duty or [YOUR ORGANIZATION NAME] premises, nor may any employee possess any drug paraphernalia.
• Convictions – No employee may be convicted of any crime related to the use, possession, or sale of a drug or alcohol.

3. Implementation

Any employee taking a prescription or over-the-counter medication should determine from his or her physician or pharmacist whether such medication may adversely affect the employee's ability to perform his or her job without accommodation. If the employee may be so impaired, the employee should report this to his or her supervisor so that appropriate accommodations may be considered.

To protect the best interest of employees and clients, [YOUR ORGANIZATION NAME] management will take whatever measures are necessary to determine if alcohol or illegal drugs are located on, or are being used on, company property. These measures will not be taken unreasonably, but only when the company believes them to be completely justified and necessary. Measures may include, not be limited to, searches of people and personal property located on company premises. Searches may be conducted by law enforcement authorities or by management personnel.  Drug and/or alcohol tests may be conducted:

• When there is reasonable suspicion of violation of this policy
• Post Incident
• Randomly where required by law or contract
• For all final candidates for employment as a condition of employment

When urine, breath, or other tests are requested or necessary, samples will be taken under the supervision of appropriate health care or specially trained professionals. The above-mentioned searches and drug tests will not be conducted if an individual refuses to submit; however, refusal to submit will result in immediate removal from service and may result in the employee's termination.

Offers of employment will be contingent upon the candidate satisfactorily passing a drug screen.  A candidate may not report to work without passing the pre-employment drug screen. Candidates who fail their initial drug screen will not be eligible for further employment consideration with [YOUR ORGANIZATION NAME]. A current employee who fails a drug test may be subject to disciplinary action up to and including termination.

[YOUR ORGANIZATION NAME] must certify that the candidate has satisfactorily passed the drug screening within the last 180 days. No documentation shall be furnished to [YOUR ORGANIZATION NAME], aside from the Affidavit of Completion of Drug Screening and Background Check. Agency temporaries who are hired by [YOUR ORGANIZATION NAME] as regular employees must complete the [YOUR ORGANIZATION NAME] drug testing upon hire.

Employees experiencing problems with alcohol or other drugs are urged to voluntarily seek assistance to resolve such problems before they become serious enough to require management referral or disciplinary action. A portion of the cost of treatment may be covered by [YOUR ORGANIZATION NAME]’s healthcare program and employees may have to assume responsibility for the cost of a portion of the treatment. Successful treatment will be viewed positively.  However, participation in a treatment program will not prevent normal disciplinary action for a violation that may have already occurred nor will it relieve an employee of the responsibility to perform assigned duties safely and efficiently.

Company Representatives are expected to identify performance or behavioral problems and to begin investigative or corrective action with guidance from your HR Department, as appropriate, based on behaviors demonstrated by employees and observed by supervisory personnel.

4. Disciplinary Action

[YOUR ORGANIZATION NAME] employees are expected to perform his/her job functions safely and legally. Violation(s) of this policy may result in disciplinary action.  Preceding termination, the following progressive disciplinary actions should be performed given the nature of the offense (Note: Serious offenses, such as physical or sexual assault and/or theft will have Zero Tolerance):

4.1. Verbal Warning

• The employee will be given a verbal warning regarding the undesirable behavior or action.
• Employees will be explained when and how the behavior or action took place.  This will include the reason why the behavior or action was unacceptable.
• Employees will be allowed to explain the situation and their actions. This should be his/her opportunity to give their side of the story.
• Employees will be given a description of the desirable and/or acceptable behavior or actions.
• Employees will be informed that further disciplinary action, up to and including termination, will follow if unacceptable behavior continues.
• Employees will be explained that the incident will not go into their file, but that it will be taken note of to follow up on possible further disciplinary incidents.

4.2. Written Warning

• The employee will be given a written warning regarding his/her undesirable behavior or action if the behavior or action had either been discussed in a previous verbal warning or the behavior or action was considered severe.
• The employee will be explained when and how the undesirable behavior or action took place. This will include the reason why the behavior or action was unacceptable.
• Employees will be allowed to explain the situation and his/her actions.
• This should be his/her opportunity to give their side of the story.
• The employee will be given a description of the desirable and/or acceptable behavior or actions.
• The employee will be provided with a copy of the written warning and another will be placed in the employee’s file.
• The employee will sign the document as proof that he/she has received it.
• Employees will be explained that future disciplinary problems will be addressed with further progressive disciplinary actions up to and including termination.

4.3. Suspension

• The employee will be given written documentation regarding the suspension concerning the undesirable behavior or action if the behavior or action had either been discussed in a previous verbal or written warning or the behavior or action was considered severe.
• The documentation will include information on the offense and the length of the term of suspension and why the employee has been suspended.
• Employees will be explained when and how the undesirable behavior or action took place. This will include the reason why the behavior or action was unacceptable.
• Employees will be given a description of the desirable and/or acceptable behavior or actions.
• The employee will be provided a copy of the suspension and another copy will be placed in the employee’s file.
• The employee will sign the document as proof that he/she has received it.
• The employee will be explained that future disciplinary problems will be addressed with further progressive disciplinary actions up to and including termination.

4.4. Termination

• The employee will be given written documentation regarding his/her termination and the undesirable behavior or action leading to and justifying the termination.
• Documentation should include information on the offense and previous disciplinary communications with the employee.
• Employees will be described when and how the unacceptable behavior or action took place. This will include the reason why the behavior or action was unacceptable.
• The employee will be given a description of the desirable and/or acceptable behavior or actions.
• The employee will be provided with a copy of the termination notice and another copy will be placed in the employee’s file.
• The employee will be escorted from the location immediately maintaining the dignity of the terminated employee by not making it obvious to other employees that the employee has been terminated and for what reasons.

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ALCOHOL, DRUG, AND DISCIPLINE POLICY