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SAMPLE DRUG TESTING POLICY Drug abuse is a serious problem that affects employee safety and the security of overall operations of (Company name). We make no moral judgments about employee lifestyle choices, but we have a “zero-tolerance” policy about the use of controlled substances in our workplace. We consider this to be a major operating policy and we enforce it on a non-discriminatory basis. To carry out this policy, we reserve the right to conduct drug testing following rules adapted from regulations issued by the U. S. government. We will not engage in any debate over the fairness, legality or propriety of drug testing -- this issue has been well-settled by the courts. Our drug-testing program uses recognized professionals and the services of a “Medical Review Officer” or MRO (a licensed physician) and is focused on five drugs of abuse: marijuana, cocaine, opiates (morphine and codeine), amphetamines, and phencyclidine (PCP). Drug testing will be done: -- as part of pre-employment screening; Random testing will be conducted in a way that every 12 months, at least half of our workforce will be tested. No personal identifying information (other than an employee’s Social Security number) will be provided to drug testing laboratories or technicians. Tested employees will be given access to their test records and to any records containing the results of relevant certification, review, or revocation-of-certification proceedings. Job applicants cannot be hired if they test positive for illegal drug use. Employees who refuse to be tested or who test positive for illegal drugs will be considered medically unfit for employment at (Company name) until they have entered a recognized drug treatment program -- the cost of which will be paid for by (Company name). They will not be permitted to perform any work until they: -- No longer use controlled substances; No employee who tests positive for drug use has an automatic right to offered an opportunity for rehabilitation. If an employee is using an “over-the-counter” (or other medication under the supervision of a licensed physician) that causes a positive result on a drug test, should ask to have our MRO consult with their physician. (Company name) has -- as an integral part of our overall Employee Assistance Program -- developed a plan for providing drug education and training for all employees, including supervisory personnel and other management officials. Employees who use controlled substances -- on a chronic or recreational basis -- are encouraged to speak confidentially to their supervisor or to any other member of management so (Company name) can deal with drug problems on a discreet, confidential basis. Once again, this is a major operating policy of (Company name) and we expect the full cooperation of all employees in maintaining our drug-free workplace. GUIDANCE TO MANAGEMENT Under federal rules EAP training programs must consist of at least 60 minutes of training. Training must cover -- at a minimum -- the effects and consequences of controlled substance use on personal health, safety, and the work environment and the manifestations and behavioral changes that may indicate controlled substance use or abuse. Specific records required to be kept include: -- Administrative records pertaining to the employer's controlled substances testing program. Administrative records include agreements with collection facilities, laboratories, MROs, consortia, names and positions of company officials and their role in the employers testing program, monthly laboratory summaries, and recordkeeping and testing procedures, including random testing selection and notification procedures. -- An annual calendar year summary of the results of tests performed. The summary must include: the number of employees subject to controlled substances testing; the number of specimens collected by type of test (pre-employment, random, reasonable cause or suspicion, post-accident); the number of positives verified by a MRO by type of test, type of controlled substance; the number of negatives verified by a MRO by type of test; number of persons denied a position as a driver following a verified controlled substances test; the number of employees verified positive by a MRO who were returned to duty during the reporting period; the number of employees with tests verified positive by a MRO for multiple controlled substances; the number of employees who refused to submit to a controlled substances test required under federal anti-drug rules; and the number of supervisors who have received required training during the reporting period. -- A written statement outlining the employers employee assistance program. The statement must be kept on file and be available for inspection at the employer's principal place of business. -- Employee qualification files. Employers are required to retain in their employee files information that will indicate: the types of controlled substances testing for which a urine specimen was submitted; the date of the collection; the location of the collection; the identity of the person or entity performing the collection, analyzing the specimen, and serving as the MRO; and whether the test finding was positive or negative and, if positive, for which specific controlled substance(s). The medical review officer employed by the employer is designated the sole custodian of test results, and is required to retain reports of test results for at least five years. All records related to the administration and results of controlled substance testing must be produced upon demand of, and permitted to be examined by, any appropriate federal agency that may have regulatory responsibility (such as DOT, FAA, FCC, etc.). Link to federal drug regulation
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