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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