TITLE: Drug Free Workplace Policy
REVISED: January 1, 2018
Evergreen Estates is a drug-free workplace. Evergreen anticipates that by implementing this policy its employees, residents and tenants will enjoy a safer work and living environment.
USE OF ALCOHOL & ILLEGAL DRUGS
Employees are strictly prohibited from the use, consumption, possession, transfer, sale, purchase, manufacture, or distribution of any alcohol or illegal drug during work time, during breaks or meal periods, while on the facility premises, or while performing any work-related activities for Evergreen Estates.
Employees are strictly prohibited from reporting to work or performing any work-related activities with any detectible amount of alcohol or illegal drugs in their system.
For purposes of this policy, “illegal drugs” include all forms of narcotics, depressants, stimulants, hallucinogens, and cannabis whose sale, purchase, transfer, use, or possession is prohibited or restricted by state or federal law. This includes substances that may be legal under state law, but remain illegal under federal law, including but not limited to the recreational and medical use of marijuana. It also includes the abuse or misuse of prescription or over-the-counter drugs.
PRESCRIPTION MEDICATION
Employees are required to inform their supervisor when they are taking a prescription medication that either (1) contains a warning label stating the use of the drug may impair their ability to safely operate equipment or machinery or (2) may otherwise impair or affect the employee’s ability to safely perform work-related duties.
Employees may be allowed to work while using such medication if the drug is prescribed by a licensed medical practitioner who is familiar with the employee’s medical history and assigned duties, and who has advised the employee that the prescribed drug will not adversely affect the employee’s ability to safely perform the job. Your supervisor may request that this documentation be provided to them before allowing you to work.
DRUG OR ALCOHOL TESTING
An employee’s off the job illegal use, consumption, possession, transfer, sale purchase, manufacture, or distribution of illegal drugs or drug paraphernalia that results in criminal charges being brought against the employee, will result in the employee being requested to submit to drug and/or alcohol testing and may result in the employee being terminated.
An employee will be tested for the presence of any detectible amount of alcohol or drugs if an employee’s physical appearance, pattern of behavior, or pattern of speech, gives management reasonable suspicion that the employee is impaired due to the use of alcohol or drugs. The basis of suspicion regarding drug or alcohol abuse may be a specific one-time event or conduct evidencing impairment that is observed over a period of time
An employee will be tested for the presence of any detectible amount of alcohol or drugs upon management being informed by the employee of being involved in an incident that results in an injury to oneself or another individual or when the incident results in damage to the facility or another individual’s property. This includes intentional or unintentional actions of an individual.
Evergreen Estates reserves the right to test an employee for the presence of any detectible amount of prescription medications when it has reason to believe the employee may be abusing such medications.
TESTING PROCEDURE
The employee will be informed of our request for alcohol or drug testing in a private setting. If the employee agrees to the testing the employee will be escorted to the hospital lab or held in a private office until lab personnel arrives to perform the collection process. If the employee refuses consent to the testing, the employee will be terminated.
ADULTERATION OR SUBMISSION OF A CONCEALED SPECIMEN
If, during the collection procedure, the collection monitor detects an effort by an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is not provided, the employee will have their employment terminated.
In the event that an employee submits a specimen that the laboratory later identifies as a diluted specimen, Evergreen Estates or the collection monitor will advise the employee of that finding and request that the employee submit a second specimen. If a second specimen is not provided, the employee will have their employment terminated.
NOTIFICATION OF TEST RESULTS
The lab will only report test results to the Administrator, who will share these results with the employee. The employee will be given the ability to discuss positive test results with the lab prior to any disciplinary action being taken.
If, after consideration of the matter, the staff of the lab determines an employee’s positive test result was due to their authorized use of prescription medications, the employee will have no disciplinary action taken. However, if the employee is unable to provide a reasonable explanation of their positive test result, the employee’s employment will be terminated.
The employee may request the same specimen be tested at their own expense. The employee must inform the Administrator of their desire to have such a test performed when the employee’s original test results are reviewed with them. This test must be performed within 24 hours of the employee being notified of the positive test result.
CRIMINAL BACKGROUND CHECKS
An employee found to have been convicted of a crime listed on list of disqualifying crimes, or who has any pending charges for a crime listed on the list of disqualifying crimes, will have their employment terminated. Several of these crimes are drug related.