Internal Drug Free Workplace Memo And Acknowledgement

Summary

Internal Drug Free Workplace Memo and Acknowledgement Form
Purpose
In compliance with the Drug-Free Workplace Act of 1988, Power Component Systems
Inc. (PCS) has a longstanding commitment to provide a safe, quality-oriented and
productive work environment consistent with the standards of the community in which
the company operates. Alcohol and drug abuse poses a threat to the health and safety
of Power Component Systems Inc. employees and to the security of the company's
equipment and facilities. For these reasons, PCS is committed to the elimination of drug
and alcohol use and abuse in the workplace

Scope
This policy outlines the practice and procedure designed to correct instances of
identified alcohol and drug use in the workplace

This policy applies to all employees and all applicants for employment of Power
Component Systems. The human resource (HR) department is responsible for policy
administration

Substance Abuse Awareness
Illegal drug use and alcohol misuse have many serious adverse health and safety
consequences. Information about those consequences and sources of help for drug or
alcohol problems is available from the HR department, which has been trained to make
referrals and to assist employees with drug or alcohol problems

Employee Assistance
PCS will assist and support employees who voluntarily seek help for such problems
before becoming subject to discipline or termination under this or other company
policies. Such employees will be allowed to use accrued paid time off, placed on leaves
of absence, referred to treatment providers and otherwise accommodated as required
by law. Such employees may be required to document that they are successfully
following prescribed treatment and to take and pass follow-up tests if they hold jobs that
are safety-sensitive or require driving, or if they have violated this policy previously

Once a drug test has been scheduled, unless otherwise required by the Family and
Medical Leave Act or the Americans with Disabilities Act, the employee will have
forfeited the opportunity to be granted a leave of absence for treatment, and possible
discipline, up to and including discharge, will be enforced

Employees should report to work fit for duty and free of any adverse effects of illegal
drugs or alcohol. This policy does not prohibit employees from the lawful use and
possession of prescribed medications. Employees must, however, consult with their
doctors about the medications' effect on their fitness for duty and ability to work safely,
and they must promptly disclose any work restrictions to their supervisor. Employees
should not, however, disclose to Power Component Systems Inc. underlying medical
conditions unless directed to do so

Work Rules
1. Whenever employees are working, are operating any Power Component
Systems Inc. vehicle, are present on Power Component Systems Inc. premises
or are conducting company-related work offsite, they are prohibited from:
a. Using, possessing, buying, selling, manufacturing or dispensing an illegal
drug (to include possession of drug paraphernalia)

b. Being under the influence of alcohol or an illegal drug as defined in this
policy

c. Possessing or consuming alcohol

2. The presence of any detectable amount of any illegal drug or illegal controlled
substance in an employee's body system, while performing company business or
while in a company facility, is prohibited

3. Power Component Systems Inc. will also not allow employees to perform their
duties while taking prescribed drugs that are adversely affecting their ability to
safely and effectively perform their job duties. Employees taking a prescribed
medication must carry it in the container labeled by a licensed pharmacist or be
prepared to produce it if asked

4. Any illegal drugs or drug paraphernalia will be turned over to an appropriate law
enforcement agency and may result in criminal prosecution

Required Testing
Pre-employment
All applicants must pass a drug test before beginning work after receiving an offer of
employment. Refusal to submit to testing will result in disqualification of further
employment consideration

Reasonable suspicion
Employees are subject to testing based on (but not limited to) observations by the
supervision of apparent workplace use, possession or impairment. HR, the department
manager or the director of operations should be consulted before sending an employee
for testing. All levels of supervision making this decision must use the Observation
Checklist to document specific observations and behaviors that create a reasonable
suspicion that the person is under the influence of illegal drugs or alcohol. If the results
of the Observation Checklist indicate further action is justified, the manager or
supervisor should confront the employee with the documentation and another member
of management. Under no circumstances will the employee be allowed to drive himself
or herself to the testing facility. A member of supervision/management must escort the
employee; the supervisor/manager will make arrangements for the employee to be
transported home

Post-accident
Employees are subject to testing when they cause or contribute to accidents that
seriously damage a Power Component Systems Inc. vehicle, machinery, equipment or
property or result in an injury to themselves or another employee requiring offsite
medical attention in which there is a reasonable basis for concluding that drug use could
have contributed to the incident. A circumstance that constitutes probable belief will be
presumed to arise in any instance involving a work-related accident or injury in which an
employee who was operating a motorized vehicle (including a forklift, pickup truck,
overhead cranes and aerial/man-lifts) is found to be responsible for causing the
accident. In any of these instances, the investigation and subsequent testing must take
place within two hours following the accident, if not sooner. Under no circumstances will
the employee be allowed to drive himself or herself to the testing facility

Random Testing
PCS reserves the right to conduct random drug tests in compliance with its drug-free
workplace policy. As used in this policy, “random testing” refers to a method of selecting
employees for testing. The selection will result in an equal probability that any employee
from a group of employees will be tested without bias to age, race, gender, position etc

PCS will conduct oral drug tests in a private and confidential manner to where
employees’ privacy rights are not violated. Once the drug test is complete, the HR
representative will disclose the employees’ results to the employee. Should the
employee refute the results of the drug screen, the employee will then be directed to
retest at an outside designated testing facility. All expenses related to the offsite testing
facility will be incurred by the company in accordance with State and Federal
regulations. The employee must report to the outside testing facility no more than 1 ½
hours from the time of the initial drug screen result or the secondary test will not be
considered

Follow-up
Employees who have tested positive, or otherwise violated this policy, are subject to
discipline, up to and including discharge. Depending on the circumstances and the
employee's work history/record, Power Component Systems Inc. may offer an
employee who violates this policy or tests positive the opportunity to return to work on a
last-chance basis pursuant to mutually agreeable terms, which could include follow-up
drug testing at times and frequencies determined by Power Component Systems for a
minimum of one year but not more than two years as well as a waiver of the right to
contest any termination resulting from a subsequent positive test. If the employee either
does not complete the rehabilitation program or tests positive after completing the
rehabilitation program, the employee will be subject to immediate discharge from
employment

Consequences
Applicants who refuse to cooperate in a drug test or who test positive will not be hired
and will not be allowed to reapply/retest in the future

Employees who refuse to cooperate in required tests or who use, possess, buy, sell,
manufacture or dispense an illegal drug in violation of this policy will be terminated. If
the employee refuses to be tested, yet the company believes he or she is impaired,
under no circumstances will the employee be allowed to drive himself or herself home

The first time an employee tests positive for alcohol or illegal drug use under this policy,
the result will be discipline up to and including discharge

Employees will be paid for time spent in alcohol or drug testing and then suspended
pending the results of the drug or alcohol test. After the results of the test are received,
a date and time will be scheduled to discuss the results of the test; this meeting will
include a member of management/supervision, and HR. Should the results prove to be
negative, the employee will receive back pay for the times/days of suspension

Confidentiality
Information and records relating to positive test results, drug and alcohol dependencies,
and legitimate medical explanations provided to the MRO should be kept confidential to
the extent required by law and maintained in secure files separate from normal
personnel files. Such records and information may be disclosed among managers and
supervisors on a need-to-know basis and may also be disclosed when relevant to a
grievance, charge, claim or other legal proceeding initiated by or on behalf of an
employee or applicant

Inspections
PCS reserves the right to inspect all portions of its premises for drugs, alcohol or other
contraband All employees, contract employees and visitors may be asked to cooperate
in inspections of their persons, work areas and property that might conceal a drug,
alcohol or other contraband. Employees who possess such contraband or refuse to
cooperate in such inspections are subject to appropriate discipline, up to and including
discharge

Crimes Involving Drugs
PCS prohibits all employees, including employees performing work under government
contracts, from manufacturing, distributing, dispensing, possessing or using an illegal
drug in or on company premises or while conducting company business. PCS
employees are also prohibited from misusing legally prescribed or over-the-counter
(OTC) drugs. Law enforcement personnel should be notified, as appropriate, when
criminal activity is suspected

PCS does not desire to intrude into the private lives of its employees, but recognizes
that employees' off-the-job involvement with drugs and alcohol may have an impact on
the workplace. Therefore, PCS reserves the right to take appropriate disciplinary action
for drug use, sale or distribution while off company premises. All employees who are
convicted of, plead guilty to or are sentenced for a crime involving an illegal drug are
required to report the conviction, plea or sentence to HR within five days. Failure to
comply will result in automatic discharge. Cooperation in complying may result in
suspension without pay to allow management to review the nature of the charges and
the employee's past record with PCS

Definitions
"Company premises" includes all buildings, offices, facilities, grounds, parking lots,
lockers, places and vehicles owned, leased or managed by PCS or on any site on which
the company is conducting business

"Illegal drug" means a substance whose use or possession is controlled by federal law
but that is not being used or possessed under the supervision of a licensed health care
professional. (Controlled substances are listed in Schedules I-V of 21 C.F.R. Part 1308.)
"Refuse to cooperate" means to obstruct the collection or testing process; to submit an
altered, adulterated or substitute sample; to fail to show up for a scheduled test; to
refuse to complete the requested drug testing forms; or to fail to promptly provide
specimen(s) for testing when directed to do so, without a valid medical basis for the
failure. Employees who leave the scene of an accident without justifiable explanation
prior to submission to drug and alcohol testing will also be considered to have refused
to cooperate and will automatically be subject to discharge

"Under the influence of alcohol" means an alcohol concentration equal to or greater
than .04, or actions, appearance, speech or bodily odors that reasonably cause a
supervisor to conclude that an employee is impaired because of alcohol use

"Under the influence of drugs" means a confirmed positive test result for illegal drug use
per this policy. In addition, it means the misuse of legal drugs (prescription and possibly
OTC) when there is not a valid prescription from a physician for the lawful use of a drug
in the course of medical treatment (containers must include the patient's name, the
name of the substance, quantity/amount to be taken and the period of authorization)

Reasonable Suspicion and Post-Accident Testing Protocol
1. The employee will be advised that PCS believes that there is reasonable
suspicion to believe that he or she is affected by illegal drugs or alcohol (or due
to the nature of the accident the policy mandates this) and that this test is being
offered to confirm or deny this suspicion

2. The employee will be transported to any one of the company's contracted testing
facilities (e.g., health services, prompt care or the emergency department). One
member of management or a designated attendant will accompany the
employee. Under no circumstances will the employee be allowed to drive himself
or herself to the testing facility

3. Prior to leaving for the testing facility, supervision/management will contact the
testing facility to inform it that a staff member from [Company Name] will be
arriving and will need a drug or alcohol test completed

4. The employee should be provided water to drink prior to leaving the company
premises

5. The employee should be given reasonable time—not to exceed 15 minutes—to
secure photo ID in the company of a PCS representative

6. The employee to be tested must present a photo ID (i.e., a driver's license or
state ID card) to the testing facility staff before the specimen can be obtained

Ensure that the employee brings the photo ID with him or her when leaving PCS
premises

7. The employee to be tested must sign a consent form provided by the testing
facility. Refusal to sign is addressed under the "Consequences" section of this
document

8. A PCS representative must sign as a witness to the collection procedure, along
with the tested employee

9. After returning to the company or when leaving the testing facility, the
supervisor/manager must make arrangements to transport the person home
(unless testing results are immediate). Under no circumstances will the tested
employee be allowed to drive himself or herself home

Enforcement
The HR department is responsible for policy interpretation, administration and
enforcement

Drug and Alcohol Policy Certificate of Receipt
I hereby certify that I have received a copy of this latest version of the PCS Drug and
Alcohol Policy

Internal Drug Free Workplace Memo and Acknowledgement Form Purpose. In compliance with the Drug-Free Workplace Act of 1988, Power Component Systems Inc. (PCS) has a …

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Frequently Asked Questions

How to implement a drug free policy in your workplace?

Give a copy of the Drug Free Policy to all employees as well as those offered a position with the company, along with these forms: a. Consent, Release and Acknowledgement of Understanding b. Worker’s Compensation Policy Acknowledgement 4. Make sure all forms are signed and are witnessed where necessary. 5.

How to apply for work comp drug free workplace credit?

A written letter attached to the form saying that the applicant has 24 or 48 hours (Or whatever you choose) to complete the test. 1. To receive work comp insurance drug free workplace credit, send DFWP Credit Application with policy and forms to your Workers’ Compensation Insurance Company. 2.

Do you have a company drug screening policy for employees?

Please note it may be important to have your company drug screening policy in your employee’s handbooks. You should also address the time limit for taking the drug test at the time you provide the chain of custody forms to the applicant.

Are there any release documents available for automated employment screening clients?

Please also note that many drug screening, driving record and state release authorization forms are available in a PDF file to our Automated Employment Screening Clients. All of these FCRA compliant release documents may be e-mailed to the applicants and easily completed online.