Drug Free and Alcohol Free Workplace 

The Company prohibits employees from unlawfully manufacturing, distributing, dispensing, selling, transferring, using, or possessing illegal drugs, and/or other non-prescribed substances on The Company’s premises or while working. Any employee who is found in violation of this policy will be subject to disciplinary action, up to and including immediate termination, per applicable state law. 

All employees are forbidden from using or possessing illegal drugs, marijuana, or alcohol at any time on The Company’s premises. If an employee is taking prescription or non-prescription medication that may affect the employee’s ability to safely and efficiently perform his or her job, the employee must promptly advise Human Resources so that appropriate options may be considered. In addition, employees shall not report to work while under the influence of marijuana or alcohol. The only exception to the above policy is that employees may from time to time consume alcohol at company-related functions, including receptions, dinners, and so on. In such cases, employees should consume alcohol in moderation, behave in a responsible manner, and represent The Company well. Employees who abuse alcohol or other drugs at work-related functions will be subject to disciplinary action, up to and including immediate termination. 

The Company requires a drug screen for all candidates who have accepted an offer of employment.  Any offer from The Company is contingent upon passing a drug screen. In certain situations, The Company may require an employee to undergo a drug and/or alcohol test. Employees suspected of violating this policy (“reasonable suspicion” testing), or who are involved in a workplace accident, may be requested to undergo drug and/or alcohol testing (“post-accident” testing). Failure to satisfactorily pass the test or refusal to submit to drug or alcohol testing when requested by The Company will be grounds for discipline, up to and including immediate termination, per applicable law. Such disciplinary action is in place for an employee’s entire term of employment. For more details, please contact Human Resources. 

The Company considers alcoholism and drug addiction to be a medical problem and treats them as such. If you are suffering from alcoholism or drug addition, we encourage you to seek treatment through the group medical plan coverage if you are enrolled, or through the Employee Assistance Program (EAP), a service available to all full- and part-time employees. Participation in any treatment program will not jeopardize your future employment or advancement nor will it protect you from disciplinary action from standard job performance or rule infractions due to your continued use of alcohol or drugs.  

Drug Testing Procedures 

The Company reserves the right to use any drug test allowed by state law, including but not limited to, breath and urinalysis.  The drug test will be performed from specimens collected at a qualified collection site.   

The specimen will be analyzed by a certified, professional laboratory (unaffiliated with The Company) for adulterants and including but not limited to the following as allowed by law: 

Within three (3) business days of receipt of the test result from the laboratory, the Company shall inform the employee or applicant in writing of the (a) test results and (b) the right of the employee or applicant to receive a copy of the test result.   

In the event of a confirmatory positive test result, the employee or applicant shall have the opportunity to: 

  1. Submit information to the Medical Review Officer from the lab or to The Company representative within three (3) business days explaining the positive test result.  All drug and alcohol information regarding the test results or failure to complete rehabilitation will remain confidential and will only be given out on a strict need-to-know basis or as provided by state law; and   

  2. Submit in writing within five (5) business days after the notice of the confirmatory test result a request to obtain a confirmatory retest (at the employee’s personal expense).  Within three (3) business days after receiving the employee’s or applicant’s request to obtain a confirmatory retest, the Company shall notify the testing laboratory of the employee’s or applicant’s request for a confirmatory retest.     

Disciplinary Actions  

An employee whose initial screening test is positive for the use drugs and/or alcohol in violation of this policy or program, as reported by the testing laboratory to the Company, shall be unqualified to work for The Company and suspended pending the results of the confirmatory test.  Further, a positive confirmatory test result shall be grounds for immediate discharge of the employee if it is not the employee’s first such result.  If it is the employee’s first confirmed positive test result, the employee may not be discharged unless the following conditions have both been satisfied: 

  1. The employee has been given the opportunity to participate in a drug or alcohol (whichever is appropriate) counseling or rehabilitation program through the Employee Assistance Program; and  

  2. The employee either refuses to participate in the counseling or rehabilitation program, or has failed to successfully complete the drug or alcohol counseling or rehabilitation program.   

Right to Refuse Test 

Employees and applicants have the right to refuse to undergo drug and alcohol testing.  However, the employee’s or applicant’s refusal to submit to an alcohol or drug test will be considered a positive test result for purposes of this policy.  A “refusal to submit” means that an employee:  

  1. Fails to appear for any test within a reasonable time, as determined by the Company, consistent with this policy after being directed to do so by the Company. 

  2. Fails to remain at the testing site until the testing process is complete. 

  3. Fails to provide a urine specimen for any drug test required. 

  4. In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the employee’s provision of a specimen. 

  5. Fails to provide a sufficient amount of urine when directed and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. 

  6. Fails or declines to take a second test the employer or collector has directed the employee to take. 

  7. Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets if so directed by the collector, behave in a confrontational way that disrupts the collection process, fail to complete all documents or fail to comply with reasonable directives); or 

  8. Is reported by the testing laboratory as having a verified adulterated sample or substituted test result. 

An applicant who has a confirmed positive test result for an Illegal Drug and/or alcohol or refuses to submit to a test in violation of this policy or program, shall have his/her conditional offer of employment withdrawn.