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This is a
sample policy covering an important aspect of workplace conduct.
If an employer reserves the right to conduct workplace searches, it is
essential to have a written policy that clearly removes and all
expectations of privacy. Employers should consult an attorney who
specializes in labor and employment law about establishing this policy in
your organization.
Sample Search, Inspection and Investigation Policy
From time to time (Company name) will conduct investigations that involve
inspections and searches of persons and property on our premises or work areas under our management or
control. Inspections and searches will be conducted for the security, health, safety and welfare of our
employees, customers, clients, guests and (Company name).
(Company name) reserves the right to search and inspect any property and personal items, including vehicles,
brought onto our property. An employee’s refusal to cooperate in a search, inspection, or investigation will
result in disciplinary action.
The decision to conduct a search, inspection or investigation during work time will be made by
(CEO title), a Department head [of any employee(s) involved] , the (Security/Safety title) in consultation with
the (Manager/Director) of Human Resources. In some cases, the decision will be made by the Department head
or Supervisor [of employee(s) involved].
A minimum of three management personnel are required to conduct a search, inspection or investigation.
Searches of an employee’s person may only be performed by management staff of the same gender as the
person being searched. Two personnel shall be present during a the search, and a third shall record the
inventory of items found.
Searches of an employee’s person shall be carried out this way:
A. The employee(s) involved will be called to a private location and informed that (designated official)
is conducting an investigation and that a search and inspection of their personal possessions (including vehicle)
is necessary. The employee(s) will be asked to cooperate with the investigation, search and inspection.
B. The search is not to be undertaken until the person signs a consent to the search.
C. In the presence of all responsible management staff and the employee(s) involved, a search will be
made of the relevant items, locker, work area and/or vehicle.
D. When the search or inspection is completed, the employee(s) involved will be advised of any initial
findings and -- if there is some irregularity -- advised when and where they are to meet with (CEO title or other
designated management official).
An employee who refuses to cooperate with a search, inspection or investigation should:
A. Not be detained for any reason. They are to be advised that any of refusal to cooperate will be
grounds for disciplinary action.
B. Be relived of duty and placed on unpaid suspension pending completion of the investigation and
until a decision is made by the (CEO title).
Searches may be conducted of all anyone or anything on (Company name) property, including:
A. Offices, desks, lockers, storage areas and spaces individually assigned.
B. Persons and personal property including:
1. Pockets
2. Purses/wallets
3. Briefcases/Carrying cases/backpacks, etc.
4. Motor vehicles
5. Shopping bags/boxes
6. Removable clothing (unless removal would be inappropriate)
All persons subject to search, inspection or investigation shall be treated with respect at all times and not
subjected to undue embarrassment. It is acceptable to ask the person to remove a coat, sweater, jacket or
similar type clothing so that it can be inspected. The person may be asked to turn their pockets inside out.
Searches shall not extend to examination of body cavities.
All management-level employees present during a search or inspection must immediately prepare a written,
independent report of the incident, or at their discretion, a joint statement/summary may be written and signed
by all management staff involved and forwarded to (CEO title). Information in the
report(s) shall include:
A. A statement of why a search or inspection was conducted?
B. Identification by name and title of everyone [including the employee(s)] involved.
C. Specifically state when (date and time) and where the search/inspection was conducted.
D. A full description of what, if anything, was found.
E. An explanation of what actions were taken with the person involved?
G. A full description of any items seized and what action was taken with the
item(s)?
H. Any instructions given to the employee(s) involved.
The (Safety/Security management title) and the (Human Resources manager title), shall immediately notify
appropriate law-enforcement authorities about all possible unlawful items (weapons, controlled substances,
stolen property) that may be discovered during an inspection or search. Authorities will be advised as to the
identity of the person from whom any unlawful items were taken.
WEAPONS
IN OUR WORKPLACE
It is
strictly prohibited for any employee, vendors, supplier, visitor,
customer or contractor to possess firearms (including handguns,
regardless of any authorized permit), explosives or any dangerous
weapons or objects on (Company name) premises or at (Company
name)-sponsored events.
(Company name)
premises include, but are not limited to: (Company name) work sites,
(Company name)-owned, rented, used, or leased property, including
(Company name)-owned, rented or leased vehicles, parking garages,
and parking lots.
We will conduct
searches when there is reason to believe that a person is in
possession of a firearm (including handguns, regardless of any
authorized permit), explosives or any other weapon, device,
instrument, substance or object that may be capable of producing
bodily injury or death.
Any violation of this
policy -- including refusal to consent to searches -- will subject
an employee to immediate suspension and discipline up to and
including termination of employment. Violations by non-employees
will result in their immediate removal from (Company name) premises
and the filing of appropriate charges.
There are no
exceptions to this policy.
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