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HomeMy WebLinkAboutDrug Free PolicyDRUG FREE WORKPLACE POLICY Greater Miami Caterers acknowledges the problem of substance abuse in our society. Furthermore, we see substance abuse as a serious threat to our staff and customers. We are addressing this problem by introducing a new :substance abuse policy to ensure that Greater Miami Caterers will have a drug- free workplace effective November 14, 2008. This program is in compliance with Chapter 440.102 of the Florida Statutes. While Greater Miami Caterers understands that employees and applicants under a physician's care are required to use prescription drugs, abuse of prescribed medications will be dealt with in the same manner as the abuse of illegal substances. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe, productive work environment. If you are experiencing problems with drugs or alcohol, you are encouraged to contact an Employee Assistance Program. You may use the company's Employee Assistance Program or request a referral to another agency. In either case, the information will be kept strictly confidential. If you voluntarily come forward and seek help prior to being required to submit to a drug or alcohol test, no disciplinary action will be taken against you. However, a testing and rehabilitation regiment will be established. Also, you will still be expected to perform your job and report for work unless your treatment program counselor requires you to miss work. Enrollment in a treatment program or attending counseling will not grant you a license to violate any company policies or shield you from disciplinary action for such violations. We reserve the right under certain circumstances including, but not limited to, safety and security to reassign you to another position. 1. POLICY AND WORK RULE This is your official notification that Greater Miami Caterers is a "Drug -Free Workplace" as authorized by FS Chapter 440.102. All employees are absolutely prohibited from unlawfully manufacturing, distributing, possessing or using controlled or illegal substances in the workplace. It is a condition of employment to refrain from taking illegal drugs, abusing prescription drugs on or off the job, reporting to work or working with the presence of illegal drugs or alcohol in your body. Therefore, Greater Miami Caterers has established the following specific policy: It is a violation of company policy for an employee to use, possess, sell, trade, offer for sale, or offer to buy illegal drugs or otherwise engage in the illegal use of drugs on the job, including the illegal use of prescription medication. A. General Procedures An employee reporting for work visibly impaired or unable to properly perform required duties because of alcohol or drug abuse will not be allowed to work. The employee's supervisor should seek another supervisor's opinion to confirm the employee's status. The supervisor should consult privately with the employee to determine the cause of the observation, including whether substance abuse has occurred. If, in the opinion of thct supervisor, the employee is considered impaired, the employee will be sent to a medical facility for drug testing by taxi or other safe transportation alternative, accompanied by the supervisor. An impaired employee will not be allowed to drive. B. Pre-employment Drug Abuse Testing Job Applicant Testing: All applicants for a p.psition with this company will be tested. A refusal to submit to a test or a positive confirmed test result will be used as a basis to reject the applicant for employment at that time. C. Current Employee Drug and Alcohol Abuse Testing Reasonable Suspicion Testing: An employee may be required to submit for testing when the company has a reasonable suspicion, as defined in Chapter 440.102 (n). This portion of the law states; " ... Reasonable suspicion testing ... " means drug testing based on belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience." Among other things, such facts and inferences may be based upon the following: 1. Observable Phenomenon while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. 2. Abnormal conduct or erratic behavior while at work or a significant deteriorL-ion in work performance. 3. A report of drug use provided by a reliable and credible source. 4. Evidence that an individual has tampered with a drug test during his/her employment with the current employer. 5. Information that an employee has caused, or contributed, or been involved in an accident while at work. 6. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment. 7. Routine Fitness for Duty Testing: An employee must submit to a drug test as part of a routinely scheduled fitness for duty medical examination that is either part of the employer's established policy or that is scheduled routinely for all members of an employment classification or group. Follow -Up Testing: An employee, who while employed, enters an employee assistance program for drug related problems or an alcohol and drug rehabilitation program, will be tested as a follow-up measure and thereafter at least on an annual basis for two (2) years after completion of the program. D. Employee Assistance and Alcohonrug Rehabilitation Programs Greater Miami Caterers maintains information on local employee assistance programs and local alcohol/drug rehabilitation programs, which could provide help to employees who suffer from alcohol or drug abuse. Among thz list of local programs are: L. Human Potential 9370 S.W. 72nd Street 4A215 Miami, F133173 Telephone — (305)595-8688 2. New Horizons CMHC Inc. 1469 N. W. 3 6 Street Miami, F133142 Telephone — (305)635-0366 3. Jackson Memorial Hospital — Public Health Trust: Employee Assistance Program Miami, F133125 Telephone — (305)585-6096 A complete list of programs is available in the [Human Resources Department). However, it is the responsibility of each employee to seek assistance from a rehabilitation program before alcohol and drug problems lead to disciplinary actions. Once a violation of this policy occurs, subsequently using one of these programs on a voluntary basis will not necessarily lessen disciplinary actions. E. Consequences of Testing Positive or Refusal to Allow TestinE Job applicants: An applicant who refuses a drug test will not be hired. An applicant who submits to a drug test which is both positive and confirmed as positive will not be hired. Employed worker who has not been injured: In the event an employed worker who has not been injured, refuses to submit to a drug test or is tested positive and confirmed positive m4y be subject to one or more of the following requirements: • Attend educational seminars and courses and participate in an employee assistance programs. • Required attendance at rehabilitation programs. • Agree to reasonable discipline, which may include job transfer to a less hazardous position, probationary employment and/or reduction in compensation. • Immediate discharge from employment. • Possible forfeit their eligibility for unemployment benefits. An employed worker who is injured: In the event an employed worker is injured in the course and scope of their employment, refuses to submit to a drug test or is tested positive and confirmed positive may be subject to one or more of the following requirements: Forfeit their eligibility for medical and indemnity benefits under the Workers' Compensation Law. • Forfeit their eligibility for unemployment benefits. • Be terminated from employment. • Otherwise be subject to the sanctions provided above for an employed worker who is not injured. II. TESTING PROCEDURES AND CONFIDENTIALITY A. General Procedures Drug testing will be accomplished via a urinalysis test, in most cases, at a laboratory chosen by Greater Miami Caterers_ Such laboratory shall be licensed and approved the Agency For Health Care Administration Greater Miami Caterers reserves the right to request a blood test. Emnlovee may be tested for alcohol_ and for anv or all of the drugs contained on the following list: DRUG CLASS OF DRUG TRADE OR OTHER NAMES Amphetamines Stimulant Biphetamine, Delcobese, Desoxyn, Dexedrine, Mediatric Amphetamine Variant Hallucinogen 2,5 -DMA, PMA, STP, MDA, MIR:DA, TMA, &M, DaB Marijuana Cannabinoid Grass, Acapulco Gold, Pot, Thai Sticks, Sensemilla Tetrahydocannabinoid Cannabinoid THC Hashish Cannabinoid Hash Hashish Oil Cannabinoid Hash Oil Cocaine Stimulant Coke, Flake, Snow Phencyclidine Hallucinogen PCP, Angle Dust, Hog Phencyclidine Analogs Hallucinogen PCE, PCPy, TCP Methanqualone Depressant Optimil, Parest, Sopor, Quaalude, Somnafac Opiates Narcotic Dover's Powder, Opium, Paregoric, Parepectolin Barbiturates Depressant Amobarbital, Butisal, Phenoxbarbital, Tuinal, Secobarbital, Phenobarbital Benzodiazephines Depressant Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium Methadone (Synthetic) Narcotic Dolophine, Methadone, Methadose Porpxyphene Narcotic Hydrochloride, Darvon. Propxyphene, Nap, Sycate, Darvon-N All snecimen samnles shall be collected with due regard to the nrivacv of the emnlovee providing the sample, and in a manner reasonably calculated to prevent substitution or contamination of the sample. Specimen collection shall be documented and the documentation procedures shall include: a. Labeiing of specimen containers to reasonably preclude the likelihood of erroneous identification to test results. b. A form for the employee or job applicant to provide any information he or she considers relevant to the test, including identification of currently or recently used prescription or non-prescription medication, or other relevant medical information. Such form will provide notice of the most common medications by name, which may alter or affect a drug test. The providing of information shall not preclude administration of the drug test, but shall be taken into account in interpreting any positive confirmed results. These forms are available in the [Human Resources Department]. c. It is the right of the employee or job applicant to consult the testing laboratory for technical information regarding prescription and non-prescription medications. The name, address, and telephone numbers are available in the [Human Resources Department]. Any drug test conducted or requested by Greater Miami Caterers may occur before, during, or immediately after the regular work period of the employee and shall be deemed to be performed during work -time for the purposes of determining compensation benefits for the employee. Within 5 working days after receipt of a positive confirmed test result from the testing laboratory, Greater Miami Caterers shall inform an employee or job applicant in writing of such positive test result, the consequences of such results, and the options available to the employee or job applicant. Greater Miami Caterers will also provide to the employee or job applicant, upon request, a copy of the test results. Within 5 working days after receipt of a positive confirmed test result, the employee or job applicant may submit information to Greater Miami Caterers explaining or contesting the test results, and why the results do not constitute a violation of Greater Miami Caterers policy. If an employee or job applicant's explanation or challenge of the positive test results is unsatisfactory to Greater Miami Caterers, a written explanation as to why the employee or job applicant's explanation is unsatisfactory along with the report of positive results will be provided by Greater Miami Caterers to the employee or job applicant and all such documentation will be kept by Greater Miami Caterers in a confidential manner, for a period of at least one year. Every specimen that produces a positive confirmed result shall be preserved in a frozen state by the licensed laboratory that conducts the confirmation test for a period of 210 days from the time the results of the positive confirmation test are delivered to the 'employer. However, if an employee or job applicant undertakes an administrative or legal challenge to the test result, the employee or job applicant shall notify the laboratory and the sample shall be retained by the laboratory until the case or administrative appeal is settled. During the 180 day period after written notification of a positive test result, the employee or job applicant who has provided the specimen shall be permitted by Greater Miami Caterers to have a portion of the specimen retested, at the employee or job applicant's expense, at another laboratory, licensed and approved by the Agency For Health Care Administration, chosen by the employee or job applicant. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory which performed the test for Greater Miami Caterers shall be responsible for the transfer of the portion of the specimen to be retested and for the integrity of the chain of custody during such transfer. B. Testing Costs Greater Miami Caterers shall pay the cost of all drug tests, initial and confirmation, which are required by Greater Miami Caterers. An employee or job applicant shall pay the costs of any additional drug tests not required by _ Greater Miami Caterers, as outlined above. C. Statement of Confidentiality Greater Miami Caterers, the testing laboratory, drug and alcohol rehabilitation programs and their agents who receive or have access to information concerning drug tests shall keep all information confidential. Release of such information under any other circumstances shall be solely pursuant to a written consent form signed voluntarily by the person tested, except where such release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding.