Subject: Substance Abuse and Drug Testing
Policy:
As we are all aware, drug abuse and alcohol dependency are national social and health problems that have devastating consequences to individuals and their friends and families. Such issues can also have a negative impact on the workplace, the well-being of our employees and the quality of work performed for our residents. Schmitt Woodland Hills is concerned about the adverse effects of drug abuse on employee’s job performance, health, and safety as well as on the safety of our residents.
Purpose:
To foster a drug-free, healthy, and safe work environment for all at Schmitt Woodland Hills.
Definitions:
Possession: To have on one’s person, in one’s personal effects, in one’s vehicle or otherwise under one’s care, custody, or control.
Substance: Any alcohol, drugs, other substances whether ingested, inhaled, injected (subcutaneously, or otherwise) that have known mind-altering or function-altering effects upon the human body or that impair one’s ability to safely perform his or her work, specifically including, but not limited to, prescription drugs and over-the-counter medications; alcohol; drugs and other substances made illegal under federal or state law; “synthetic or designer” drugs: illegal inhalants; “look-alike” drugs; amphetamines, cannabinoids (marijuana and hashish), cocaine, phencyclidine (PCP), and opiates.
Premises: For the purpose of this policy all property, facilities, buildings, structures, work locations, work areas, or vehicles owned, operated, leased, or under the control of Schmitt Woodland Hills. Private vehicles parked on premises or properties are also included under this definition. Although the vehicle used by an employee is not under the control of the Company, this Policy shall be construed as prohibiting the use of substances by the employee while traveling to and from the premises, or to any other location at which the employee has been designated to work, in such vehicle.
Under the Influence: The condition wherein any of the body’s sensory, cognitive, or motor functions or capabilities is altered, impaired, diminished, or affected due to substances. This means the detectable presence of illegal or legal substances within the body that effect the employee’s fitness for duty.
Prescription: A valid prescription issued to the employee by a licensed health care provider authorized to issue such prescription and used for its intended purpose as prescribed before any expiration date.
Procedure:
1. The scope of this policy includes all of Schmitt Woodland Hills employees who are present on Schmitt Woodland Hills premises (as defined above) or who are engaged in or traveling to/from any activity/appearance/other engagement on behalf of Schmitt Woodland Hills.
2. All employees are prohibited from the following:
a. The manufacture, possession, use, sale, distribution, dispensation, receipt, or transportation of illegal substances while on Schmitt Woodland Hills property or while otherwise engaged in Schmitt Woodland Hills business.
b. The theft, unauthorized use, or intentional mishandling or misuse of any medication and/or substance that is present at Schmitt Woodland Hills for the purpose of treating residents.
c. Being under the influence of legal substances while on Schmitt Woodland Hills property or while otherwise engaged in Schmitt Woodland Hills business or during employment that affect your ability to perform your job safely. (See details in latter section of this policy)
3. Violation of this policy will not be tolerated and may subject violator to discipline, up to and including termination of employment.
4. Any employee who refuses to submit to testing as provided for in this policy may also be subject to disciplinary action, up to and including termination of employment.
5. Legal Compliance –The provisions of this policy are subject to any federal, state, or local laws that may prohibit or restrict their applicability. Testing for substances shall be conducted in accordance with and limited by such laws. Federal and State laws take precedence over any provisions in this policy.
6. Post-Offer Testing – Prior to beginning employment for Schmitt Woodland Hills, all those to whom an offer of employment is made will be subject to drug testing. A positive finding for which the individual cannot offer an acceptable explanation (such as a prescription from a provider) will generally result in withdrawal of the offer of employment.
7. Post-Accident / Injury Testing – If a workplace accident occurs causing injury to any person on Schmitt Woodland Hills premises by an employee or damage to property on Schmitt Woodland Hills premise, the employee may be asked to drug test.
8. Reasonable Suspicion
a. Schmitt Woodland Hills may require an employee to submit to a drug test at the discretion of the employee’s supervisor or another individual in a management position if there is reasonable suspicion that the employee is using, is under the influence of, is in the possession of or is unlawfully distributing substances of while on Schmitt Woodland Hills premises or has otherwise violated this policy’s prohibitions with respect to substances. The following is a non-inclusive list of factors that may lead to reasonable suspicion under this policy:
a. Odors (i.e., smell of alcohol or marijuana)
b. Movements (unsteady, fidgety, dizzy)
c. Eyes (dilated, glassy, constricted, watery, involuntary eye movements)
d. Face (flushed, sweating, confused or blank look, constant sniffing, redness under nose)
e. Speech (slurred, slow, distracted mid-thought, inability to verbalize thoughts)
f. Indication of drug use (needle marks, possession of drug paraphernalia)
g. Personality (change in personality, argumentative, agitated, irritable, forgetful)
h. Other observations (extreme drowsiness, sleeping, unconsciousness, slowed reaction rate, erratic behavior)
i. Abnormally dilated or constricted pupils
For Marijuana Use:
a. Red, blood-shot eyes
b. Poor concentration
c. Impaired perception of time
d. Loss of energy
e. Impaired perception of distance
b. In addition, when there is a medication administration/handling discrepancy or where a substance is missing, all staff members who were involved in the handling of, or had access to, the missing substance may be required to submit to a drug test. Employees who admit to diversion of medications may also be required to undergo drug testing.
c. If there is reason to suspect that the employee is working while under the influence of an illegal drug or alcohol, the employee may be suspended until the results of the drug test are made available to the Schmitt Woodland Hills.
d. Reporting to Law Enforcement:
Where available evidence warrants, Schmitt Woodland Hills may bring violations of this policy to the attention of appropriate law enforcement authorities.
9. Medications
a. Employees taking legally prescribed or over-the-counter medications that have the potential to negatively impact the employee’s ability to perform his/her job functions in a safe and effective manner (e.g., medications which caution against using while operating machinery) must report such use to their immediate supervisor.
b. The Employee may be required to present medical documentation describing the effects such medication may have on the employee’s ability to perform his/her tasks. Schmitt Woodland Hills may take such action as it deems appropriate, including but not limited to temporarily transferring the employee to a different position, permitting the employee to take a leave of absence or other steps, depending on the circumstances.
10. Workplace Searches:
Management, with a witness who must be another member of management, may conduct searches of Schmitt Woodland Hills property, including lockers, and an employee’s personal property in situations where there is reason to suspect a violation of this policy. An employee who refuses to consent to and/or cooperate in the conducting of such searches may be subject to disciplinary action up to and including termination of employment.
11. Off-Premises Use
Schmitt Woodland Hills reserves the right to suspend, without pay, any employee who has been charged with a criminal offense related to alcohol, marijuana or other illegal substances pending resolution of the charges to Schmitt Woodland Hill’s satisfaction. Schmitt Woodland Hills reserves the right to take such action as it deems appropriate under the circumstances, including termination. Employees who are convicted of any substance related violation under state or federal law, including employees who plead guilty to such charges must inform Schmitt Woodland Hills. Failure to do so may result in disciplinary action, up to and including termination.
12. Testing Procedures / Confidentiality of Test Results
Any drug testing required or requested by Schmitt Woodland Hills will be conducted by the Director of Nursing or his or her designee. All expenses related to the test will be incurred by Schmitt Woodland Hills.
Employees asked to undergo a drug test will be asked to sign a Consent for Drug Testing Form. Refusal to sign the form may result in discipline, up to and including termination.
Schmitt Woodland Hills will strive to keep the employee’s test results confidential, treating them the same as other medical records and disseminating the result only on a need-to-know basis, such as in response to any government inquiry, court order, in defense of any legal, administrative, or grievance proceedings that may be brought against Schmitt Woodland Hills by the tested employee, or as otherwise may be required by law or in the course of legal, administrative or grievance proceeding.
13. Prior Reporting of an Abuse Problem
Employees are encouraged to seek help if they have a drug or alcohol problem. Any employee who, prior to being asked to report for testing and prior to any violation of this policy, reports to his or her manager or Human Resources that he or she believes he or she has a substance abuse problem, shall be permitted an unpaid leave of absence to seek treatment for such problem provided (1) Schmitt Woodland Hills is made aware of the treatment program, and (2) the employee successfully completes the treatment program, as determined and certified by the treatment facility.
14. Positive Results
a. If an employee tests positive on an initial screening test, the employee may be placed on unpaid administrative leave. The employee will be given the opportunity to explain the positive result and will be informed that employee may have the same sample retested at a laboratory of their choice at their cost.
b. Employees with confirmed positive results may be subject to disciplinary action, up to and including termination. Discipline selected by Schmitt Woodland Hills will depend upon a variety of factors, including the prior work record of the employee; the length of prior employment; the prior accident and attendance record of the employee; the circumstances which led to the testing; and the proposals by the employee to address the problem.
c. First time violators may, at the discretion of Schmitt Woodland Hills, be permitted an unpaid leave of absence to seek treatment, as provided for in the section above on prior reporting of a substance abuse problem. In such circumstances, the employee must agree to provide Schmitt Woodland Hills with information about their progress and completion of the program. Such employees will also be required to submit to drug testing prior to being permitting to return to work, and may also be subject to random testing for a one-year period following completion of the program, in addition to any testing, otherwise provided for in this policy.
Enforcement
Schmitt Woodland Hills’ Human Resources department shall be charged with implementing and monitoring this policy. Failure by any employee responsible for complying with the directions set forth in this policy may result in disciplinary action up to and including termination of employment.
ACKNOWLEDGEMENT OF RECEIPT OF SUBSTANCE ABUSE/TESTING POLICY
I acknowledge that I have received a copy of the Schmitt Woodland Hills, Inc. Substance Abuse Testing Policy (the “Policy”). I have read and understand the Policy. I understand that, if I violate the Policy, I may be subject to disciplinary action, including termination. I further understand that, under the Policy, I may be subject to post- accident/injury and reasonable suspicion substance abuse testing. I also understand that if I am asked to submit to a substance abuse test, and refuse to do so, I may be subject to disciplinary action, including termination. I will contact my supervisor if I have any questions about any aspect of the Policy. I further understand that I am an employee-at-will and that the Policy does not alter that status.
CONSENT FOR DRUG TESTING
I have received, read and understand the Workplace Substance Abuse Testing policy of Schmitt Woodland Hills, Inc. (the “Company”).
I hereby give voluntary consent to allow Schmitt Woodland Hills or their designated Laboratory (herin known as the “Laboratory”) administer a drug test. I further consent to allow the Laboratory to make the results of such test available to Schmitt Woodland Hills. I understand
that the information so released to Schmitt Woodland Hills will be used to determine whether I was fit to perform my job duties, and/or whether I had violated the Schmitt Woodland Hill’s policies concerning substance abuse. The results of such tests may form the basis for disciplinary action against me, up to and including termination.
In consideration for such testing services being rendered on my behalf, I hereby release the Laboratory, its officers, agents, and employees, from any and all claims which I might otherwise have due to such results being made so available. I hereby consent not to file any action at law against Schmitt Woodland Hills, Laboratory, their respective officers, agents or employees in connection with the test results being made so available, and I hereby agree to indemnify and save harmless, Schmitt Woodland Hills, Laboratory, their respective officers, agents, and employees from all damages, expenses, reasonable attorney’s fees, and court costs which they or any of them may suffer or incur, jointly or severally, due to the results of such test(s) being made so available.
With full knowledge of the above information, I give voluntary consent to allow submit to the requested drug test.