Working FREE ….of drugs and alcohol
A drug-free workplace is one of the most effective tools for keeping employee
Insurance cost Low.
Premium credit - 5%
Cost - The cost of testing all new applicants, after the job offer is made, and employees who have compensable injuries. This cost may vary from one location to another, but generally around $40 per screening.
Additional Benefit - Lower experience modifier as much as 35% or more.
This resource covers the following information for the development and implementation of a drug free program for your business:
Ø Introduction/Benefits of the Drug-free program
Ø Employer Check list
Ø The benefits of a Drug-Free Workplace
Ø Setting up a drug testing Program
Ø Notice to Employees
Ø Notice to Applicants
Ø Setting up an Employee Education Program
Ø Employee Consent and Release
Ø Employee Agreement
Ø Applicant Consent and Release
Ø Drug-Free Policy (Draft)
Substance abuse is a major issue for business and industry. By establishing a Certified Drug-Free Workplace, you have taken a serious stand against this problem. Setting up a Drug-Free workplace is not difficult, it is not expensive, nor is it a project you must handle alone. Your Insurance Services professional at Applied Insurance Services, Inc., can assist your business to become Drug-Free. Keep the following in mind:
The following Drug-Free Workplace Policy should be reviewed by your own legal counsel. While similar versions have worked for others in its entirety, we DO NOT WARRANT the contents in any form, written or implied. We offer this program as a service, not intended for use by you without review by your legal counsel.
Implementing a Drug-Free workplace program has potential benefits and potential risks. Such risks include the increased chance of suits filed against your company by your employees. Your own legal counsel can best advise you concerning these risks and benefits, and assist you in making an informed decision about implementing this Program.
The Drug-Free Workplace Policy permits you, as she employer, to take a tougher or "hard-line" stand against the use of alcohol and drugs. The program that follows is a "hard line” approach version. The best policy would include your own variation in the approach, bearing in mind the particular needs of your business.
When implementing this program, be sure that all employees read and understand the Notice to Employees. If any employee cannot read due to illiteracy or physical disability, have the notice and policy read to the employee.
Once the Drug-Free Workplace Policy is in effect, do not deviate from the policy adopted. Making exceptions to the policy for individual employees, may expose you to lawsuit by employees who are not given the same special treatment.
Any vacancy announcements or advertisements for employment must state that your Company is a Drug-Free workplace.
By becoming, a certified Drug-Free Workplace you are entitled to a 5% premium credit. Ask your insurance agent for the premium discount application after your program is in place, or call
Applied Insurance Services, Inc.
505 Lakeshore Drive,
Lake Mary, FL 32746
(Phone 407 322 2380);
CHAIN OF CUSTODY: The process of control established by the drug testing laboratory to ensure that drug testing samples remain tamper free and properly identified, including ensuring that all times an individual has responsibility for the samples and tests. The laboratory may create forms for tracking and proving the Chain of Custody.
CONDITIONAL OFFER OF EMPLOYMENT: Giving a job applicant an offer of employment, conditioned on the applicant passing a drug test. An applicant cannot be required to take a physical examination or drug test before getting a conditional offer of employment. If the applicant passes the drug test, he or she may begin his employment. If the applicant fails the drug test, the Company must withdraw the offer and not allow the applicant to work for the Company.
EMPLOYEE: any person employed by the Company, in any capacity, including managerial and supervisory personnel.
ILLEGAL DRUG: Any drug which (a) is not legally obtainable;(b) may be legally obtainable but which has not been legally obtained; or (c) is being used in a manner or for purposes other than as prescribed or intended.
LEGAL DRUG: prescribed drugs and over-the-counter drugs which have been legally obtained or are being used solely for the purpose for which they were prescribed or manufactured, and intended.
MEDICAL REVIEW OFFICER (MRO): A licensed physician employed or retained by the Company, and who has knowledge of substance abuse disorders and shall be knowledgeable in the medical use of prescription drugs and in the pharmacology and toxicology of illegal drugs.
REASONABLE SUSPICION: A belief that an employee is using, or has used drugs or alcohol in violation of the Company policy. A basis for reasonable suspicion must specific, objective, and easily discernible facts, or reasonable inferences drawn from those facts in light of the Company’s experience. Among other things, such facts, and inferences may be based upon:
(A) Observable behavior while at work, including a workplace accident
(B) Abnormal conduct or erratic behavior while at work, or significant deterioration of work performance; or,
(C) Report of drug use, provided by a reliable and credible source that has been confirmed another person.
SAFETY SENSITIVE POSITION: Any position, including supervisory or management positions, in which drug or alcohol impairment would constitute an immediate and direct threat to public health and safety. Such a position may require an employee to carry a firearm, perform life-threatening procedures, work with confidenttial information or documents, work with controlled substances, or where a momentary lapse of attention could result in injury or death to another person.
SPECIAL RISK POSITION: Employees who are required as a condition of employment to certified under chapter 633 (fire prevention and control) or chapter 943 (Department of Law Enforcement Act of 1974), Florida Statutes.
DRUG TESTING PROGRAM
SETTING UP A DRUG AND ALCOHOL TESTING PROGRAM
To set up a Drug and Alcohol Testing Program or to obtain a list of licensed drug testing
firms in your area contact the Florida Agency for Health Care Administration by calling I-850-487-3063. Remember, you must use an approved, licensed drug testing facility in order to get certification.
Do the following:
Shop for service by contacting a number of local drug testing firms to get information about their services and cost.
Give the drug testing firms with a copy of the Drug Testing policy to ensure that the drug-testing firm will test for each or the drugs listed in the policy.
Ensure that the drug-testing firm will provide you with a medical review officer (MRO) to:
A) Review and interpret the test results.
B) Receive confidential information concerning the legal drugs that may affect the employees test results.
Steps in setting up a DRUG-FREE Program for Your Business
Nine (9) Steps to setting up a Drug-Free Workplace.
1) __ Review this Drug-Free Workplace program thoroughly with the help of your attorney. This program is only a guide. Your council will have the opportunity to explaining to you the potential benefits and risks of applying this program to your business.
2) __ Establish an Employee Assistance Program (EAP).
3) __ Arrange for drug testing services.
Direct listing for direct service for Central Florida: American Medical Laboratories Web http://www.ammed.com
4) __ Develop an Employee Education Program.
5) __ Post the Notice to Employees in a prominent location on your premises.
q Distribute the policy and give the required 60 day notice before implementation.
q Have Acknowledgments signed by management and all employees.
q Contact Applied Insurance Services to gain the 5% premium credit.
6) __ Post the “Notice to Applicants” in a prominent location in your personnel office.'
Include in all applications for employment and any vacancy announcements, or advertisements for available Positions that you are a Drug-Free Workplace and conduct drug
7) __ Wait 60 days after posting the Notice to Employees to begin the drug testing of current employees.
8) __ Begin operating under the Drug-Free Workplace Policy by placing a copy of the policy in your employee handbook or post or post it in a prominent place in your office.
9) __ Remain familiar with the contents of your Drug-Free workplace program to
insure consistent enforcement of the program.
Notice to Employees
NOTICE TO EMPLOYEES - DRUG FREE WORKPLACE
Post the Notice in a prominent location at the workplace and distribute to all employee, both current and future.
............................. (The Company) intends to promote and establish a Drug-Free Workplace Program to maximize safety and productivity in the workplace, enhance our competitive position in the marketplace, without experiencing the costs, delays, and tragedies associated with accidents that result from drug or alcohol abuse by employees.
A Drug-Free Workplace means that of our employees must remain Drug-Free both on and off the job, and free from alcohol on the job.
The Company discourages alcohol abuse or the use of illegal drugs. Employees who engage in the use of illegal drugs, or alcohol abuse face the risk of termination and forfeiture of workers compensation benefits. This Drug-Free Workplace Program is in conformity with Chapter. 440.102, Florida Statutes, its implementing regulations, and Federal law.
Because the Company feels that drug and alcohol abuse are treatable diseases, the company announces it’s intention to offer a drug and alcohol education program, as well as an Employee Assistance Program to encourage rehabilitation. The Company intends to immediately begin testing all applicants for employment for the use of illegal drugs or alcohol abuse. Tests are administered in compliance with Chapter 440.102, Florida Statute, and Federal law, and conducted only by a testing laboratory approved by the Florida Agency for Health Care Administration.
Further, the Company intends to undertake Drug testing of existing employees. This conforms to those conditions outlined in the Company's Drug and Alcohol Abuse Policy Statement. This testing will begin no sooner than sixty (60) days from the effective date of ……………..
Employees will have the opportunity to confidentially report to the Medical Review Officer(MRO) the use of prescription or non-prescription medications both before and after being tested. All employees will receive a list of common medications that may alter or affect a drug test. Employees will also be given the names, addresses, and telephone numbers of local alcohol and drug rehabilitation programs and access to an employee assistance program.
Any employee who fails a drug or alcohol test may challenge or explain the result within five (5) working days after receiving written notification of the result. An employee will also have an opportunity to request a retest at the employee’s expense. If an employee's explanation or challenge is unsatisfactory, the employee may contest the Drug tests’ results pursuant to rules adopted by the Department of Labor and Employment Security or the Agency for Employee Health Care Administration. The employee also has the responsibility to notify the laboratory or clinic conducting the drug test of any administrative or civil action being brought involving the drug test conducted by the laboratory or Clinic. The employee also has a right to consult the testing laboratory or clinic for technical information regarding prescription and non-prescription medication. In addition each employee will receive a list of substances being tested before administration of the drug tests. All results will remain confidential except as allowed by law.
The Company will provide all employees with get a copy of the Company's Drug and Alcohol Abuse Policy Statement before beginning its drug testing program.
Nothing in this Notice will affect those rights provided in any collective bargaining agreement between the company and its employees. I understand that to comply with any of the requirements of the Company's Drug and Alcohol Abuse Policy, including my refusal to read and sign this notice, will be grounds for termination.
(NAME OF COMPANY) ....................................................................................………..
Notice to Applicants
NOTICE TO APPLICANTS
You should include this Notice in any application for employment this notice should also be Post notices in an appropriate and conspicuous location on your premises, making them available for inspection by the general public during regular business hours. Applicants should complete the forms at the same time they complete the employment application.
..................................... (The Company) has established and maintains a Drug-Free Workplace Program. This Drug-Free Workplace Program is in conformity with chapter 440.102, Florida Statutes, its implementing regulations, and Federal law.
Offers of employment must require the Applicant to pass a drug test. Employees of the Company may also be subject to drug testing under the conditions outlined in the Company's Drug and Alcohol Policy Statement.
For persons receiving a conditional offer of employment, failure of a drug test or refusal to submit to drug testing when required by the Company shall terminate any offer of employment. If an employees, failing a drug test or refusing to submit to a drug test will result in action against an employee up to and including termination of employment.
Persons receiving a conditional offer of employment will have an opportunity to confidentially report to the Medical Review Officer(MRO) the use of prescription or nonprescription medications both before and after being tested. Additionally, job applicants shall receive a list of common medications that may alter or affect a drug test. Job applicants will also be given the names, addresses, and telephone numbers of local alcohol and drug rehabilitation programs.
Any person, receiving a conditional offer of employment, who fails a drug test may challenge or offer possible reason for the result within five (5) working days after receiving a written notification of the result. A job applicant will also have an opportunity to request a retest at his or her expense. If a job applicant's explanation or challenge is unsatisfactory, the job applicant may contest the drug test results pursuant to rules adopted by the Department of Labor and Employment Security or the Agency for Health Care Administration
The job applicant also has the responsibility to notify the laboratory or clinic of any administrative or civil action brought against those facilities involving the drug test conducted by them.
The job applicant also has a right to consult the testing laboratory or clinic for technical information regarding prescription and non-prescription medication. In addition, each job applicant will receive a copy of the Company's Drug and alcohol Abuse Policy, and a list of the substances being tested, before sending the applicant for the drug tests. All test results will remain confidential except as allowed by law.
Nothing in this Notice will affect these rights provided in any collective bargaining agreement between the Company and its employees. Refusal to complete or sign this document will result in a withdrawal of any offer of employment.
(NAME OF COMPANY) .........................................................................…….
Date: ........................................... Witness: ……………………………
EMPLOYEE EDUCATION PROGRAM
SETTING UP AN EMPLOYEE EDUCATION PROGRAM
Obtain information on the effect of drugs in the workplace, and upon workers in the workplace, from the Florida Agency for Health Care Administration at 1-850-487-3063.
You may also obtain drug information from the National Clearinghouse for Alcohol and Drug Information at 1-800-729-6686 or 1-301-468-2600. Additional information is available the US Department of Labor substance abuse information database (SAID). It contains a list of pamphlets, books, articles, and other information on drugs in the workplace, home, schools, and other locations. Free computer disks with bulletin board capabilities are available by contacting the U. S. Department of Labor at 1-800-775-SAID between the hours of 8:00 a.m. and 8:00 p.m. EST. The data is also available online by modem. This service is free.
AIS recommends that you contact one of these sources to obtain materials regarding drug awareness and education for your employees. Employees should be given the opportunity to discreetly review the drug information files at reasonable times, convenient to the employer.
A resource for information on the effects of drugs as well as an annual education on the effects of drugs is an essential requirement for obtaining certification as a Drug-Free Workplace.
EMPLOYEE ASSISTANCE PROGRAM
SETTING UP AN EMPLOYEE ASSISTANCE PROGRAM
To set up an employee Assistance Program (EAP) referenced in this Policy, contact the
Florida Agency for Health Care Administration at 1-850-487-3063 for a list of Employee Assistance Program providers in your area. They can also provide information on how to set up your own, in-house, Employee Assistance Program.
The method that you use to obtain an Employee Assistance Program service is entirely within your business discretion; however, employers are not required to pay for programs.
An Employee Assistance Program is an essential component of obtaining certification as a Drug-free Workplace.
EMPLOYEE EDUCATION PROGRAM
EMPLOYEE EDUCATION PROGRAM
Pursuant to its effort to establish a Drug-Free Workplace Program, ……………………... (the Company) hereby establishes an Employee Education Program for the benefit of all of its employees. This Program will contain the following elements:
An annual education course for all employees designed to assist them in identifying personal and emotional problems that may result in the abuse of alcohol or drugs. This Program will include a presentation on the legal, social, physical, and emotional consequences of the abuse of alcohol and drugs.
A catalog of programs available to employees, including alcohol and drug abuse programs, mental health providers, and other entities designed to assist employees with personal or behavioral problems that could lead to drug or alcohol abuse. The information will be available at a reasonable time convenient to the Company and may be reviewed by all employees on a confidential basis.
A resource file of pamphlets, brochures, and other information designed to educate employees regarding the visible effects of drug and alcohol abuse. Employees will have the ability to discreetly review this information.
The Company believes that with proper attention and treatment, many employees with drug or alcohol problems may be able to return to a productive and healthy lifestyle. Any information obtained through reference to a counselor or other provider listed in this education Program will be strictly confidential unless released by the employee or otherwise by law. Participation in the Employee Education program will not protect an employee from disciplinary action due to substandard job performance.
(NAME OF COMPANY) ……………………………………………………..
Employee Consent & Release
EMPLOYEE DRUG TESTING CONSENT AND RELEASE
This form should be completed by all employees.
Pursuant to my continued employment, I understand that.................................... (The Company) requires all employees to submit to and pass a drug test under certain conditions as part of its Drug-Free Workplace Program. I hereby consent to submit to a urinalysis or other tests as required by the Company for the purposes of testing for the presence of illegal drugs or alcohol abuse. I agree that clinics or laboratories approved by the Florida Agency for Health Care Administration may collect and test the any specimens I provide for such purpose. I further agree to authorize the lease of the results of these tests to the Medical Review Officer employed or retained by the company to the human resource officer of the Company, and to such other management personnel as may require this information on a need-to-know basis. My Understanding is that any information derived from these tests will be confidential between the laboratory, the Company, and the Medical Review Officer, except as otherwise provided by-law. If I place the test or its results in contest with in any administrative, legal, or other proceeding, I acknowledge that I waive my right to confidentiality.
I further agree to release and hold the Company, its agents, employees and assigns, including the laboratory collecting and conducting these tests, harmless from any liability in whole or in part out of the collection or testing of the specimens I provide or from the use of the of the information derived from the tests in consideration of my employment application.
I have carefully read this Consent and Release form and understand it completely, and I understand that failure to comply with any of the requirements of the Company's Drug and Alcohol Abuse Policy, including my refusal to read and sign this Consent and Release, will be grounds for dismissal. I am signing this form voluntarily and have not been coerced nor placed under duress by any person.
Date: ........................ Print Name:....................................
Applicant Signature:................................ Print Name: ....................................
Social Security No .................................. Signature: ...................................
EMPLOYEE AGREEMENT AND ACKNOWLEDGEMENT
All employees must sign after receiving policy.
I HEREBY acknowledge that I have received and read a copy of
…………………………. (the Company) Drug and Alcohol Abuse Policy. I
...................................... recognize that the Company may modify or supplement this Policy at anytime and that I will continue to be subject to the conditions of any modified or supplemental Policy. I understand that I may have to submit to drug testing if required by this policy and execute a Release and Consent for drug testing. I further understand that this Acknowledgment and Agreement will become part of my employee personnel file and that any failure to Comply with the requirements of the Company’s Drug and Alcohol Abuse Policy, including my refusal to sign this Employee Agreement and Acknowledgment, will be grounds for dismissal.
Date:....................................... Print Name:............................……..
Applicant Name............................................ Signature: ….............................…....
Applicant's Signature.................................... Print Name:...............................
Social Security No........................................ Signature: .................................
APPLICANT DRUG TESTING CONSENT AND RELEASE
APPLICANT DRUG TESTING CONSENT AND RELEASE
Applicants given a conditional job offer must complete this form.
Pursuant to my application for employment, I understand that all job offers are expressly conditioned upon submitting to and passing a drug test to detect the presence of illegal drugs, or alcohol use. I hereby consent to submit to a urinalysis or other tests as required by……………….. (the Company) for the above purposes. I agree that a clinic or laboratory approved by the state of Florida Agency for HealthCare Administration may collect and test any specimens I provide for these tests. I further agree to authorize the release of the results of these tests to the Medical Review Officer employed or retained by the Company, to the officer of the Company, and to such other management personnel as may require this information on a need to know basis. However, I understand that any information derived from these tests will be confidential between the laboratory, the officer of the Company, and the Medical Review Officer, except as otherwise provided by law, or if I place the test or its results in issue in any administrative, legal, or other proceeding.
I further agree to release and hold the Company and its agents, employees and assigns, including the laboratory collecting and conducting these tests, harmless from any liability arising in whole or in part out of the collection or testing of the specimens I provide or from the use of the information from these tests in consideration of my employment application.
I have carefully read this Consent and Release form and understand it completely. I also understand that execution of this Consent and Release is a condition of employment with the Company and my refusal to sign will result in withdrawal of any offer of employment I may have received. I am signing this form voluntarily and have not been under duress by any person.
Date: Print Name:
Applicant Name:............................................... Signature: ......................
Applicant Signature:.......................................... Witness:
Social Security No: ........................................... Print Name:……………………......
……………………………(the "Company") recognizes that drug and alcohol abuse in the workplace leads to decreased productivity, increased risk of accidents, high turnover, and decreased morale. Because the Company is committed to a safe and healthy workplace, we hereby announce our intention to establish a Drug-Free. Workplace Program and adopt the following policy on drug and alcohol abuse. This policy conforms with F. A.C. 38 F. 9.005 (2)(a).
POLICY – General Statement
The Company will not tolerate the use of illegal drugs on or off the job, or use of alcohol on the job.
Therefore, the Company will test, at the company’s expense, all job applicants for drug and alcohol use as outlined in this Policy. Further, the Company will test, at company expense, any current employees for drug or alcohol use if a reasonable suspicion exists that the employee is in violation of this Policy; as a regular part of fitness for duty examinations; after a work related injury, and as a follow-up procedure to any drug or alcohol treatment program. A positive drug test can lead to withdrawal of an offer of employment for job applicants. If a current employee receives a positive result, that employee will be referred to the Employee Assistance Program (EAP). All drug testing will conform to the requirement of this Policy and to State and Federal law.
POSSESSION OF DRUGS AND ALCOHOL ON THE COMPANY’S PREMISES
Employees who bring drugs or alcohol to work are subject to immediate termination.
Drugs and alcohol will not be permitted in the workplace. Any employee in possession of or using alcohol or illegal drugs on Company premises during working hours will be subject to immediate referral to the Employee Assistance Program (EAP), a program to aid employees in overcoming drug and alcohol addiction.
A second incident involving possession of drugs or alcohol on Company premises during working hours shaft result in immediate termination, and reported, if appropriate, to law enforcement agencies.
Company premises include parking lots and other outlying areas. Use or possession of alcohol or illegal drugs on the Company’s shall be reported to a supervisor who will verify the report and report the incident to the person responsible for terminating employees.
Employees will not be allowed to work while under the influence of drugs (Legal or illegal) or alcohol.
Any employee who reports to work visibly impaired or becomes visibly impaired while at work will not be allowed to continue work. An employee or other supervisor who observes visible impairment of an employee should seek the opinion of a supervisor or additional competent co-worker regarding the extent of the employee’s visible impairment.
The supervisor of the visibly impaired employee should consult privately with the employee in order to determine the basis for the impairment. If, in the opinion of two, supervisors, or a supervisor and an additional competent co-worker, the employee's visible impairment is the result of alcohol or illegal drugs, the employee will be required to submit to drug testing as outlined in the Reasonable Suspicion portion of policy and will be subject to the prescribed penalty. In addition, the Active Employee Drug Testing section of this p9 the employee will be sent home immediately by taxi or other safe transportation including transportation by other employees if necessary.
PRE-EMPLOYMENT DRUG TESTING
Job offers are conditional pending pre-employment drug test results:
If the Company chooses to extend an offer of employment to a job applicant who otherwise satisfactorily meets the Company’s employment requirements, the offer is conditioned upon the job applicant submitting to a drug test to determine illegal drugs or alcohol is present. This test will be administered in compliance with both State and Federal law and will be conducted only by a testing laboratory approved by the Florida Agency for Health Care Administration.
Persons receiving a conditional job offer will have an opportunity to confidentially report the use of prescription or non-prescription medications to the MRO, both before and after being tested.
Job applicants shall also receive a list of common medications that may alter or affect a drug test. This list will include those medications contained in the list of medications that could affect a drug test developed and amended from time to time by the Florida Agency for Health Care Administration or the Department of Labor and Employment Security. Further, job applicants will be given the names, addresses, and telephone numbers of approved local alcohol and drug rehabilitation programs.
A drug test indicating the use of illegal drugs or alcohol abuse will result in revocation of an offer of employment. Job applicants will have the right to challenge any drug test or request a retest at the applicant’s expense. The procedures for challenging a drug test or requesting a retest are outlined under the Review of Test Results section of this Policy.
ACTIVE EMPLOYEE DRUG TESTING
The Company reserves the right to ask any employee to submit to drug testing under the following conditions:
Testing should be done:
(A) When an employee is involved in an accident that causes injury to himself or to any other person or damage to any property. If, because of the accident, an employee is unable to submit to drug testing immediately, the employee will authorize the release of any medical reports or documentation to the MRO, regarding the presence of illegal drugs or alcohol in the employee's body at the time of the accident. Refusal to agree to this release will result in termination of the employee;
(B) If, in the opinion of two supervisors, or a supervisor and an additional competent co-worker, there is reasonable suspicion that any employee may be abusing or under the influence of illegal drugs or alcohol, the supervisory personnel will document, in writing, the basis for their reasonable suspicion. If the reasonable suspicion is based on a report by another person, this report must be confirmed by a supervisor;
(C) If, in the opinion of two supervisors, or a supervisor and an additional competent co-worker, an employee has sold, or otherwise solicited the sale of illegal drugs or alcohol to any other person during working hours, the supervisory personnel will document, in
writing, the basis for their reasonable suspicion. If the suspicion is based on a report by another person, this report must be confirmed by a supervisor. Nothing herein shall prevent the Company from immediately terminating any employee selling or otherwise soliciting illegal drugs or providing or selling alcohol to an other person during working hours upon a report by the supervisors to the person In charge of terminating employees;
(D) Upon return from any extended absence. An extended absence is defined as a continuous absence of three or more months;
(E) Pursuant to any required employee fitness for duty examination; or,
(F) As a follow-up to any referral to the Employee Assistance Program or enrollment in a drug or alcohol abuse program. This follow-up testing will continue at random for two years after referral to an Employee Assistance Program. The Company reserves the right to waive follow-up testing in the event an employee voluntarily submits to an Employee-Assistance Program or drug or alcohol abuse program.
LOSS OF WORKERS COMPENSATION BENEFITS - DRUG RULE STATEMENT
Employees who are injured on the job will be tested for the presence of drugs: Positive results may cause loss of workers compensation benefits.
If an employee is injured in the scope of his or her employment and drug tests or other medical evidence indicates the presence of drugs or alcohol in the employee's body at the time of the accident, the employee may be required to forfeit any medical or indemnity benefits available under the Florida Workers' Compensation Statute. (F.S. 440.101(2)). This penalty is in addition to any other penalties that might apply either under this policy or under applicable law.
All drug test results will be strictly confidential.
All test results of active employees will be strictly confidential, except as consented to by the employee, if placed at issue by the employee in any legal, administrative or other proceeding to determine compensability of a workers compensation claim or as otherwise provided by law. However, any result indicating the use of illegal drugs or alcohol abuse will result in termination as provided for in this Policy.
MEDICATION DISCLOSURE PROCEDURE
Disclosure of the use of medication to the MRO is strictly confidential.
Employees will have an opportunity to confidentially report the use of prescription or non-prescription medications to the medical review officer at the drug testing laboratory both before and after being tested. Such reports by employees will not come a part of the employee's personnel file. Employees will also receive a list of common medications that may alter or effect a drug test, including the list of medications developed and amended from time to time by the Florida Agency for Health Care Administration or the department of Labor and Employment Security. Employees will also, be given the names, addresses and telephone numbers of approved local alcohol and drug rehabilitation and
Employee Assistance Programs, and will be given access to an Employee Assistance Program. Further, employees will have the right to challenge any drug test or request a
retest at the employee's expense. The procedures for challenging a drug test or requesting a retest are outlined under the Review of Test Results section of this Policy.
CONSEQUENCES OF REFUSING A DRUG TEST OR TREATMENT
Refusal to co-operate will result in termination.
1.) REFUSAL TO COOPERATE
The Company immediately disqualifies any person receiving a conditional offer of employment who refuses to submit to drug and alcohol testing, or who alters, adulterates or otherwise interferes with drug testing collection, samples, or analysis, from employment.
Any employee who refuses to submit to drug and alcohol testing when required, or who alters, adulterates, or other-wise interferes with drug testing collection, samples, or analysis, will be immediately terminated and may forfeit any medical or indemnity benefits available under the workers compensation regulations.(F.S. 440~@101 (2)).
2.) REFUSAL TO ACCEPT TREATMENT OR FAILURE TO REHABILITATE
Any employee who rejects a treatment program offered through the Employee Assistance Program, or who leaves a treatment program prior to being properly discharged, will be immediately terminated from employment with the Company. This sanction applies regardless of whether the Company referred the employee to the treatment program or Employee Assistance Program or whether the employee voluntarily sought treatment.
3.) LIMITATIONS ON REFERRAL TO EMPLOYEE ASSISTANCE PROGRAM
The Company wishes to make every effort to rehabilitate its employees who may be experiencing drug or alcohol problems. Because of this, the Company will not retaliate in any manner against an employee who is referred to an Employee Assistance Program or treatment program, or who voluntarily refers themselves to the Employee Assistance
Program or submits to treatment in a drug or alcohol abuse program. Should an employee be referred to an Employee Assistance Program for drug or alcohol treatment or enroll in a drug or alcohol treatment program 2 times within a three (3) year period, that employee will be immediately terminated.
Name of provider: ……………………………………………………………………
City ………………….. State …… Code …....…… Phone number: ……………….
REVIEW OF DRUG TEST RESULTS AND EMPLOYEE RIGHT TO CONTEST OR EXPLAIN DRUG TEST RESULTS
Employee has the right to contest results.
REVIEW OF TEST RESULTS
The Medical Review Officer (MRO) will review all test results of job applicants, or employees.
The MRO shall evaluate the drug test results of an employee or job applicant and verify that the specimens were collected, transported, and analyzed under proper procedures. The MRO shall make this determination by checking any Chain of Custody forms for required signatures, procedures and information. If an employee or job applicant fails the drug test, the MRO shall also determine if any alternative medical explanations for the failure. The MRO shall maintain the confidentiality of any information received from drug tests, except as authorized by the employee or job applicant, or as otherwise provided by law, or if placed at issue by the employee or job applicant in any legal, administrative, or other proceeding.
In the event a job applicant or employee fails a drug test, the MRO will inform the employee or job applicant of the result within three (3) days after receiving the test result from the testing laboratory. The employee or job applicant will have five (5) days after notification from the MRO to discuss the test results with the MRO, submit documentation of any prescription drugs relevant to the test result to the MRO, or request a retest at the employee or job applicant's expense.
MRO INABILITY TO CONTACT EMPLOYEE/JOB APPLICANT-
MRO contact with employee/job applicant
If the MRO is unable to contact an employee or job applicant within three (3) days, the MRO shall contact the Company and request that the Company direct the employee or job applicant to contact the MRO as soon as possible. If the employee or job applicant does not contact the MRO within two (2) days from the request by the Company, the MRO shall verify that the, job applicant or employee failed the drug test. Should the job applicant or employee present satisfactory documentation that serious illness, injury, or other circumstances unavoidably prevented the job applicant or employee from contacting the MRO within the specified time and present legitimate explanations for the failure of the drug test, the MRO may change the test result. However, if the job applicant or employee refuses to talk with the MRO regarding a drug test failure, the MRO shall record the refusal in the “Remarks” section of the verification form.
EXPLANATIONS FOR DRUG TEST RESULTS
The MRO will review all results carefully
After contacting an employee or job applicant, the MRO will inquire as to whether prescription or over-the-counter medications could have caused a positive test result. If the MRO determines that the employee's medical explanation is not a legitimate explanation for the positive test results, the MRO will within 15 days, give a written explanation to the employer.
If the MRO determines that a legitimate medical explanation exists for the test results, the MRO shall report to the Company that the employee or job applicant passed the drug test. If, however, the legitimate medical explanation is the use of a legal prescription or over-the-counter medication, and the MRO feels that the legal use of the drug would endanger the employee, job applicant, or others, or if the employee or job applicant would be in a safety sensitive or special risk position, then the MRO may confirm that the employee or job applicant passed the drug test. The MRO will note the presence of prescription or other medication and may request that the Company place the employee or job applicant in a position that would not threaten the safety of anyone.
Retesting conducted after written results received (Requested by the employee or job applicant)
Should an employee or job applicant request a retest of an original specimen, the MRO will process this request within one hundred eighty (I 80) days after the original test. The retest will conform to all the same requirements and procedures applicable to the original test. The retest will occur at another laboratory approved by the Florida Agency for the Health Care Administration and selected by the employee or job applicant. The employee or job applicant shall bear the cost of this retest. Any retesting must be done on the original specimen because new specimens cannot verify the test results.
Retest by the MRO
Should the MRO question the validity of the testing procedures the MRO may, at his or her sole discretion, (1) order a re-analysis of the original sample at any laboratory or clinic approved by the Florida Agency for Health Care Administration; or (2) request additional samples from the employee or job applicant for testing.
TYPES OF TESTS CONDUCTED
The types of tests required by law.
Initial tests for all drugs other than, alcohol shall use an immunoassay method. Initial tests for alcohol shall use an enzyme oxidation method. All tests to confirm an initial positive result for drugs other than alcohol shall use a gas chromatography/mass spectrometry method. All tests to confirm positive results for alcohol shall use a gas chromatography method.
NOTIFICATION OF THE COMPANY
How and when the Company is notified of test results
After contacting the employee or job applicant as outlined in this section and conducting any retests, the MRO will notify the company, in writing, of the verified test results, either negative, positive, or invalid. If the MRO, employee or job applicant requested a retest, the MRO will report only the verified results of the test to the Company. The MRO will file any required chain of custody form under confidential procedures. The MRO will maintain these forms for five (5) years from the date of the test.
HOW EMPLOYER NOTIFIES EMPLOYEES OF POSITIVE TEST RESULTS
Within five (5) working days after the receipt of the confirmed positive test results from the MRO the employer shall inform the employee in writing of such positive test results, the consequences of such results, and the options available to the employee, including the right to file an administrative or legal challenge (F.A.C.38F-9.008(3)).
EMPLOYEE'S DUTY TO NOTIFY LABORATORY OF LEGAL ACTION CONCERNING TEST RESULTS
Employees must notify laboratory 30 days in advance of legal action
Employees are required to notify the Company and that Drug Testing Laboratory thirty (30) days prior to bringing any legal action concerning the results of a drug test. Such notification shall be a condition precedent to any such legal action. (38 F-9.005 (2)(h)).
COMPLETE LIST OF DRUGS TESTED
The company may test for the following drugs:
Alcohol (beer, wine, booze, liquor, etc.).
Amphetamines (speed, eve, biphetamine, desoxyn dexedrine, etc.)
Cannabinoids (marijuana, hashish, hash, hash oil, pot, joint, reefer, roach, spleaf, grass, weed, etc.)
Cocaine (Coke, blow, snow, flake, crack, etc.)
Phencyclidine (PCP, angel dust, hog etc.)
Hallucinogens (LSD, acid, mushrooms, shrooms, etc.)
Methaqualone (quaaludes, ludes, etc.)
Opiates (heroin, codeine, morphine, opium, Dover’s powder, paregoric, parepectolin, etc.)
Barbiturates (phenobarbital, butabarbital, secobarbital, tuinal, amytal, etc.)
Benzodiazepine (librium, valium, ativan, azene, clonopin, dalmone, diozepam, halcion, poxipam, restoril, serax, transene, vertron, xanax, etc.)
Synthetic narcotics, including Methadone (dolophine, methadose, etc.)
Designer Drugs (ecstasy, etc.)
The Company reserves the right to expand or otherwise modify the number or types of drugs tested at any time.
The Company will provide employees with sixty (60) days notice of any expansion or modification of the drugs tested under the Company’s policy.
COLLECTIVE BARGAINING STATEMENT
Nothing in this Policy is intended to effect those rights provided for by any collective bargaining agreement between the Company and its employees.
EMPLOYEE’S RIGHT TO CONSULT WITH LABORATORY
Employee legal rights.
All employees may consult with the testing laboratory or MRO for technical information regarding the effects of prescription and non-prescription medications on drug testing. Any consultation by an employee with the testing laboratory or MRO for the purpose of gaining technical information shall be confidential. An MRO must supply technical information to any employee who fails a drug test.
REPORT OF DRUG CONVICTIONS
All employees shall report any drug conviction to the company within five (5) days after such conviction. The Company will report the conviction to any Federal, agency with which the Company is contracted, or if otherwise required by Federal law, within ten (10) days of the notification of the conviction. The employee will be referred to the Employee Assistance Program immediately upon notification of the condition. If an employee fails to report a drug
conviction to the Company within the required time, the employee will be immediately
terminated from employment. This action may be avoided if there is good reason for the employee's failure to make the report to the Company. An arrest for a drug or alcohol offense shall be considered Reasonable Suspicion allowing the Company to test the arrested employee for the presence of alcohol or illegal drugs.