SUBSTANCE ABUSE PROGRAM

 

I.  STATEMENT OF POLICY

 

______________________________

 

In a commitment to safeguard the health of our employees and to provide a safe environment for everyone, A.W.A. Contracting Co., Inc.   has established a drug-free workplace policy.

 

The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe, productive, drug-free environment.  We would like to encourage those who use illegal drugs or abuse alcohol to seek help in overcoming their problem.  Employees who do so will be able to retain their job position in good standing.

 

While this company understands that employees and applicants under a physician's care are required to use prescription drugs, abuse of prescribed medications will be dealt with in the same manner as the abuse of illegal substances.

 

Employees are given notice as of the above date that it is a condition of employment to refrain from reporting to work, or working with the presence of drugs or alcohol in his or her body.  Employees are subject to drug testing under the standards of this policy on which is 60 days from the above date. 

 

This policy is implemented pursuant to the drug-free workplace program requirements under Florida Statute 440.102 and Administrative Rule 59A-24 of the State of Florida Agency for Health Care Administration.

II. DEFINITIONS

 

  1. "Legal Drug" - Prescribed drug or over-the-counter drug which has been legally obtained and is being used solely for the purpose for which it was prescribed or manufactured.

 

  1. "Illegal Drug" - Any drug (a) which is not legally obtainable, (b) which may be legally obtainable but has not been legally obtained, or (c) which is being used in a manner or for a purpose other than as prescribed.

 

                                                            III.  POLICY AND WORK RULE

 

The policy of A.W.A. Contracting Co., Inc. is to employ a work force free from use of illegal drugs and abuse of alcohol, either on or off the job.  Any employee determined to be in violation of this policy is subject to disciplinary action, which may include termination, even for the first offense.

 

It is a standard of conduct for employees of the company that no employee shall report to work or work with the presence of illegal drugs or alcohol in his or her body.  In order to maintain this standard, the company shall establish and maintain the programs and rules set forth below.

 

  1. Drug Testing of Applicants

 

      All job applicants at this company will undergo screening for the presence of illegal drugs as a condition for employment.

 

      Any applicant with a positive test result will be denied employment at that time but may initiate another inquiry with the company after six months.

 

 

  1. Drug Testing of Employees

      This company will maintain screening practices to identify employees who use illegal drugs or abuse alcohol, either on or off the job.  It shall be a condition of continued employment for all employees to submit to a drug screen:

 

  1. When there is a reasonable suspicion to believe that an employee is using or has used illegal drugs or is abusing or has abused alcohol;

 

            Circumstances that could be indicators of a substance-abuse problem and considered reasonably suspicious are as follows:

 

  • Information that an employee has caused, or contributed to, an accident while at work. "Accident" includes injury to person(s) and/or damage to equipment or property.

 

  • Observable phenomena while at work - such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug.

 

  • Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.

 

  • A report of drug use provided by a reliable and credible source and independently corroborated.

 

  • Evidence that an individual has tampered with a drug test during his employment with the current employer.

 

  • Evidence that an employee has used, possessed, sold, solicited or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery or equipment.

 

            Whenever possible, the supervisor should have the employee observed by a second supervisor or manager before requiring testing.  Employees who refuse substance testing under these circumstances will be terminated and forfeit workers' compensation medical and indemnity benefits.

 

  1. As a follow-up to Employee Assistance.

 

            If the employee, in the course of employment, enters an Employee Assistance Program or a drug rehabilitation program, the employer must require the employee to submit to a drug test as a follow-up to such program, unless the employee voluntarily entered the program.  In that case, follow-up testing is optional.  If follow-up testing is required, it must be conducted at least once a year for a two-year period after completion of the program.  Advance notice of a follow-up testing date will not be given to the employee.

 

  1. When the test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination that is part of the employer's established policy or that is scheduled routinely for all members of an employment classification or group.

 

  1. At other times and under such circumstances as deemed appropriate by company management and current state and/or federal standards.  Employees will be given adequate notice of any addition/change/deletion in the company's drug testing requirements.

 

  1. Employee Assistance Program

 

      This company  an Employee Assistance Program (EAP).  The purpose of an EAP is to provide help to employees and their families who suffer from alcohol, drug abuse or other problems.  We do, however, maintain a list of local providers of employee assistance, drug and alcohol treatment and family services that employees may access without company involvement.

 

      It is the responsibility of an employee to seek assistance from an EAP before alcohol and drug problems lead to disciplinary actions.  Once a violation of this policy occurs, subsequently using an EAP on a voluntary basis will not necessarily lessen disciplinary action and may, in fact, have no bearing on the determination of appropriate disciplinary action.

 

      An EAP will provide appropriate assessment, evaluation and counseling and/or referral for treatment of drug and alcohol abuse.  Such employees may be granted leave with a conditional return to work, depending on successful completion of the agreed-upon appropriate treatment regimen, which may include follow-up testing.

 

      The cost of seeking assistance from an EAP or other provider will be the responsibility of the  and is subject to provisions of the company's health insurance plan, if any.  Please consult the provider for specifics concerning this issue.

 

  1. Grounds for Termination or Discipline

 

  1. Illegal Drug Use

 

            The following are considered violations of the A.W.A. Contracting Co., Inc.  drug-free workplace policy and are subject to discipline, including discharge or suspension from employment without pay and loss of Workers’ Compensation benefits, even for the first offense:

  • Refusing to take a company-required drug test
  • Failing a company-required drug test (a positive test result)
  • An employee bringing illegal drugs onto the company's premises or property (including company vehicles)
  • Possession of illegal drugs or drug paraphernalia on the employee’s person
  • Using, consuming, transferring, selling or attempting to sell or transfer any form of illegal drug (as previously defined) while on company business or at any time during the hours between the beginning and ending of the employee's workday, whether on company property or not.

 

 

 

 

  1. Alcohol Abuse

 

            The following are considered violations of the A.W.A. Contracting Co., Inc.  drug-free workplace policy and are subject to discipline, including discharge or suspension from employment without pay and loss of Workers’ Compensation benefits, even for the first offense:

  • Refusing to take a company-required alcohol test
  • Failing a company-required alcohol test
  • An employee who is under the influence of alcoholic beverages at any time while on company business or at any time during the hours between the beginning and ending of the employee's workday, whether on company property or not (including company vehicles)

 

            An employee shall be determined to be under the influence of alcohol if -

 

  1. the employee's normal faculties are impaired due to consumption of alcohol

                                                                                   or if

  1. the employee has a blood-alcohol level of .04 or higher.

 

 

  1. Confidentiality

 

  1. All information, interviews, reports, statement memoranda, and drug-test results, written or otherwise, received by the employer through a drug-testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in accordance with this section or in determining compensability under this chapter 440.,F.S (Workers’ Compensation).

 

  1. This subsection (confidentiality) does not prohibit an employer, agent of an employer, or laboratory conducting a drug test from having access to employee drug-test information or using such information when consulting with legal counsel in connection with actions brought under or related to this section or when the information is relevant to its defense in a civil or administrative matter.

 

  1. Medication Reporting Procedure

 

      Employees or job applicants may confidentially report to the company's medical review officer (MRO) the use of prescription or nonprescription medications both before and after being tested.  Additionally, employees and job applicants shall receive notice of the most common drugs or medications - by brand name or common name, as applicable, as well as by chemical name - which may alter or affect a drug test.  (A listing of these is attached.)

 

  1. Reporting of Test Results

 

      Employees or job applicants who receive a positive confirmed test result may contest or explain the result to the medical review officer within 5 working days after receiving written notification of the test result.  If the employee's or job applicant's explanation or challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the employer.  Employees and job applicants also may contest the drug test result pursuant to law or to rules adopted by the Agency for Health Care Administration (AHCA), as outlined below.

 

 

 

  1. Challenges to Test Results

 

  1. A requirement of a drug-free workplace program is that within five working days after receiving the notice of a positive confirmed test result, an employee or job applicant may submit information to the employer explaining or contesting the test result, and why the result does not constitute a violation of the employer's policy.  If the employee's or job applicant's explanation or challenge of the positive test result is unsatisfactory to the employer, a written response as to why the employee's or job applicant's explanation is unsatisfactory, along with the report of positive result, shall be provided by the employer to the employee or job applicant; and all such documentation shall be kept confidential by the employer pursuant to confidentiality provisions outlined above, and shall be retained by the employer for at least 1 year.

 

  1. An employee or job applicant may undertake an administrative challenge by filing a claim for benefits with a Judge of Compensation Claims pursuant to Chapter 440, Florida Statutes, or, if no workplace injury has occurred, the person must challenge the test result in a court of competent jurisdiction. When an employee undertakes a challenge to the result of a test, it shall be the employee's responsibility to notify the laboratory, and the sample shall be retained by the laboratory until the case is settled.

 

  1. Drugs To Test For

 

      The company may test for any or all of the following substances:

 

      Drugs                                                                                                                  Trade or Common Name        

      Alcohol                                                                                                                           Liquor, Beer, Booze

      Amphetamines                                                                                       Biphetamine, Desoxyn, Dexedrine

      Cannabinoids                                                                                                             Marijuana, Pot, Grass

      Cocaine                                                                                                               Coke, Flake, Snow, Crack

      Phencyclidine HCI                                                                                                              PCP, Angel Dust

      Methaqualone HCI                                                                                                                         Quaalude

      Opiates                                                                                      Paregoric, Morphine, Tylenol with Codeine

      Barbiturates                                                                               Phenobarbital, Amytal, Nembutal, Seconal

      Benzodiazepines                                                                                     Librium, Valium, Halcion, Restoril

      Synthetic Narcotics        Methadone-Polophine, Methadose Propoxyphene-Darvocet, Darvon-N, Dolene

 

J.    Collective Bargaining

 

            This company has no collective bargaining agreement.

 

  1. Consultation Rights

 

            Employees and applicants have the right to consult the company's Medical Review Officer (MRO) for technical information regarding prescription and nonprescription medications.

 

  1. Medical Review Officer

 

The company's Medical Review Officer is

Solantic- 12303 San Jose Blvd., Jacksonville, FL. 32258

 

            Telephone # (904) 288-0277.

 

          DRUG-FREE WORKPLACE POLICY ACKNOWLEDGEMENT

 

I hereby acknowledge that I have received and read the A.W.A. Contracting Co., Inc.  Drug-Free Workplace Policy, a summary of the drugs which may alter or affect a drug test and a list of local Employee Assistance Programs and drug and alcohol treatment programs.  I have had an opportunity to have all aspects of this material fully explained.  I also understand that I must abide by the policy as a condition of initial and/or continued employment, and any violation may result in disciplinary action up to and including discharge.

 

Further, I understand that during my employment I may be required to submit to testing for the presence of drugs or alcohol.  I understand that submission to such testing is a condition of employment with the Company and disciplinary action up to and including discharge may result if:

  • I refuse to consent to such testing
  • I refuse to execute all forms of consent and release of liability as are usually and reasonably attendant to such examinations
  • I refuse to authorize release of the test results to the Company
  • The tests establish a violation of the Company's Drug-Free Workplace Policy
  • I otherwise violate the policy.

 

I also understand that if I am injured in the course and scope of my employment and test positive or refuse to be tested, I forfeit my eligibility for medical and indemnity benefits under the Workers' Compensation Act upon exhaustion of the remedies provided in Florida Statute 440.102(5).

 

I ALSO UNDERSTAND THAT THE DRUG-FREE WORKPLACE POLICY AND RELATED DOCUMENTS ARE NOT INTENDED TO CONSTITUTE A CONTRACT BETWEEN THE COMPANY AND ME.

 

THE UNDERSIGNED FURTHER STATES THAT HE OR SHE HAS READ THE FOREGOING ACKNOWLEDGEMENT AND KNOWS THE CONTENTS THEREOF AND SIGNS THE SAME OF HIS OR HER OWN FREE WILL.

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