SUBSTANCE ABUSE PREVENTION/DETECTION POLICY
SUBSTANCE ABUSE IN THE WORKPLACE
Workers who abuse drugs or alcohol:
- Have 16 times more absences
- Use 3 times more sickness benefits
- Use 8 times more hospital days
- Are 5 times more likely to file a Worker’s Compensation claim
- Are 3.6 times more likely to be involved in accidents
- Perform at less than 70% of normal ability
POLICY OBJECTIVES
Corcoran Management Company has a desire to assist ANY employee who seeks confidential help for substance abuse or dependency BEFORE it starts affecting job performance. To seek assistance or referral, call the toll free number for the Employee Assistance Program (EAP) provided by the Company (details attached).
Employees are our Company’s most valuable resource, and for that reason, your safety and well-being are of paramount concern. The Company maintains a strong commitment to its employees and residents of our communities to provide a safe workplace and to establish programs promoting high standards of safety and health. Consistent with the spirit of this commitment, the Company expects all employees to report to work in drug-free, sober, and proper condition to perform their duties. The intent of these guidelines is to prevent the use and presence of drugs and alcohol in the working environment; to reduce the opportunities for accidental injuries to persons and to protect the property of the Company, employees, and customers; to provide employees with confidential counseling; to improve productivity and the quality of management; to improve employee tardiness and absenteeism; and to comply with contractual obligations of customers and government agencies.
As the above statistics point out, use of alcohol and drugs poses a serious threat to the health and safety of all employees, and we have a responsibility to you to eliminate substance abuse from the workplace.
SCOPE
All employees of Corcoran Management Company, from the President down, are covered by the terms and conditions of the Company’s Substance Abuse Policy.
Applicants for employment are included in this policy.
Offers of employment to applicants are based on “post-conditional job offer testing”. Any offer of employment is considered to be conditional until a drug screening test has been passed. New hires with positive test results, refusing to submit to a drug screening test, or attempting to invalidate or circumvent a drug screening test will be disqualified on a fair and equitable basis. New hires agree to take the required test within 48 hours of the “conditional” offer of employment. If a POSITIVE test results in the offer of employment being withdrawn, the “tested” person may ask for a second set of tests on the same sample. Both tests will be paid for by the Company.
NOTE: The American Disabilities Act of 1990 (ADA) neither requires nor prohibits drug testing by employers. An employer may not require an applicant to take a pre-employment physical unless it is a condition of a job offer, but this law does not consider a drug test to be part of a physical examination. The ADA also protects qualified persons who are recovering from drug addition and are participating in, or have successfully completed, a supervised drug rehabilitation program, as long as they can safely perform their required duties.
Under the ADA, employers are permitted to hold drug and alcohol abusers to the same performance and behavior standards as other employees, even if it is their addition to the drugs or alcohol that causes their unsatisfactory performance. In fact, the ADA specifically excludes current illegal drug users and alcoholics from its definition of qualified individuals with a disability. Both drug users and alcoholics ARE NOT afforded ADA’s protection if their condition interferes with their work or poses a threat to the property or safety of others.
The law (ADA) DOES, however, protect alcoholics and past drug users who have successfully completed rehabilitation treatment.
DEFINITIONS
A. The terms “drugs” and “drug usage”, as used in this Company Substance Abuse Policy, refer to the use of illegal drugs or other controlled substances such as marijuana, cocaine, PCP, LSD, heroin, and other narcotics. All LEGALLY prescribed drugs must be taken in accordance with a doctor’s prescription.
B. Alcohol usage, as defined in this policy, is the use or consumption of alcohol in any of its forms, i.e., liquor, beer, wine, etc. Any individual who is tested for breath alcohol content and has an alcohol level of 0.04 or higher will be considered to have tested “positive” and will be disciplined according to this policy (see Discipline section).
C. The Company premises are all areas in which the Company owns, operates, or manages including, but not limited to its property; Company owned or leased equipment, privately owned vehicles entering or parked on the property; lockers, desks, work space, and storage facilities.
DISCIPLINE FOR SUBSTANCE ABUSE
A. The possession, use, sale, transfer, or purchase of drugs or alcoholic beverages on Company property or during working time is against Company policy and is grounds for immediate discharge. Conviction for the illegal sale, purchase, transfer, use or possession of drugs off duty and off Company premises will also be grounds for immediate discharge.
B. It is also against Company policy to report to work under the influence of alcohol or illegal drugs, and if “reasonable suspicion” exists that an employee is intoxicated or under the influence of illegal drugs on the job, he/she will be asked to take a test immediately. If said test is positive for alcohol (0.04 or more), or for illegal drugs (a positive test result from an administered drug test), an employee will be discharged for a first offense.
For the purpose of this policy, an employee is irrefutably considered to fail a drug test with a “positive” test result from an administered drug test (GC/MS). An employee will be irrefutably presumed to be under the influence of alcohol if a breath test shows a level of 0.04 or above.
Refusal of an employee to submit to or cooperate with the administration of an alcohol or drug test shall result in a termination of employment. Any attempt to invalidate or circumvent a test will also result in termination of employment.
Any employee who is discharged due to a “positive” test result of a drug or alcohol test (or having refused to take said test) will be eligible to re-apply for employment with the Company after a six-month period from the date of the test. Additionally, the discharged employee will have to meet the following conditions to be considered for re-employment.
- The applicant must be the best qualified individual applying for the job, and be able to perform all of the essential functions of the job, with or without reasonable accommodation.
- The applicant must be able to show written proof of their completion of (or current participation in) a qualified drug/alcohol treatment or counseling program.
- The applicant must agree in writing to be monitored and tested for evidence of substance abuse on a regular basis for two (2) years.
- The applicant must satisfactorily pass a post-conditional job offer substance abuse test.
- As a condition of employment, employees must abide by the terms of this policy and must notify the Company, in writing, of any conviction of a violation of a criminal drug statute occurring in the workplace no later than 5 days after such conviction.
TESTING
A. Drug testing will be done by current methodology by an approved lab. Confirmation of positive screening test will be conducted by any approved method, such as the use of Gas Chromatography/Mass Spectrometry (GC/MS) equipment by a Nation Institute of Drug Abuse (NIDA) or College of Pathology (CAP) approved lab.
B. Testing for the presence of alcohol may be conducted in any approved method, to include a breath alcohol test at a local medical facility of screenings done on an authorized “Breathalyzer” testing apparatus or other apparatus or device.
C. The Company reserves the right to require drug and alcohol testing of all employees for the following circumstances, and to change this Drug Abuse Policy in part or total at any time. The following groups may be among those tested, but the list is in no way designed to be exclusive.
- Pre-Employment - as discussed earlier in Drug Abuse Policy.
- “Reasonable Suspicion” - “For cause” testing may be required of any employee in the event of irrational or unusual behavior, injury, accident, or damage to Company personnel or equipment; negligence or carelessness; disregard for the safety, life or well-being of any Company employee, resident, contractor, or customer; credible reports or credible evidence or observance of drug or alcohol use, transfer, sale or possession while at work, on Company time, or reporting to or remaining at work in an apparently unfit condition.
- Post-Accident - Testing will be required as part of any investigation involving an on-the-job accident or near accident, including but not limited to any accident where an employee suffers an on-the-job injury. Testing positive for an on-the-job accident can effect worker’s compensation benefits.
- Post-Counseling/Rehabilitation or Return to Work - Testing may be required when an employee returns to work from a long illness, disabling injury, extended absence, reduction in force, or drug or alcohol treatment program.
- As Necessary to Comply with any contractual or legal obligation of customers, clients, government agencies or individual state drug-testing laws. Those employees affected by these types of tests will be notified as to specifics as information becomes available.
Refusal of an employee to submit to or cooperate with the administration of an alcohol or drug test shall result in termination of employment. Any attempt to invalidate or circumvent a test will also result in termination of employment.
ATTACHMENT I
TO CORCORAN MANAGEMENT COMPANY’S
SUBSTANCE ABUSE PREVENTION/DETECTION POLICY
INVESTIGATION
1. Employees reasonably suspected of the sale, transfer, possession, use, purchase, or of being under the influence of drugs or alcohol on Company premises or during working hours may be suspended without pay and/or asked to take a breathalyzer or urinalysis test within a specified number of hours. In the case of suspension, the Company will endeavor to complete its investigation within three (3) working days.
(”Reasonable Suspicion” is defined as supervisor’s belief, based upon objective and articulable facts sufficient to lead a prudent supervisor to suspect that an employee is using drugs, alcohol, or in some way is unfit to safely perform their duties due to observed behavior.)
A “reasonable suspicion” or belief that an employee shows signs of possible intoxication, or appears to be under the influence of drugs or alcohol, or is otherwise unable to perform his/her job in a safe and satisfactory manner must exist.
Observations that may lead to “reasonable suspicion” include, but are not limited to, observable phenomena such as direct observation of drug or alcohol use, or a pattern of abnormal conduct, erratic behavior or:
- Lack of balance, unsteady or staggered walk or muscle twitching
- Red, watery, or glassy eyes, dilated or constricted pupils, or difficulty in focusing eyes
- Disorientation, uncoordinated movement of body and hands
- Face, cheeks flushed, face sallow (sickly yellow)
- Slurred speech, memory loss or drowsiness