Wednesday, November 9, 2011
Drug and Alcohol Policy
Unfortunately a policy on the use of drugs and alcohol in the work place is an essential part of an Employee Manual. Your policy should be clear and in plain English not legalese. The policy should state why you have a policy, what your policy is and the consequences of violating those policies. Below is a list a simple Policy you can adapt to your needs. Policy on the Use of Drugs and Alcohol in the Work Place. * Drugs and Alcohol are disruptive and unsafe on the job. * Use or sales of illegal drugs at any time by any employee on the job or off is strictly prohibited. * Use of alcohol on the job or prior to the job or at any time such that the employee is under the influence when they report to work is prohibited. This policy shall extend to all company facilities, vehicles, customer's facilities, company functions whether work of social and any place the employee may be seen as representing the company. * The company has the right to test for drugs and alcohol prior to hiring, at any time there is a reasonable suspicion of intoxication and after any work place accident whether the accident results in injury or not. Reasonable suspicion may include but not be limited to physical evidence or use, erratic behavior or drop off in work productivity. * Use of over the counter drugs that impact the employee's ability to perform their assigned tacks safely and efficiently are also prohibited. Employees are required to inform their supervisor of any prescription or over the counter drugs which may cause unsafe conditions or limit the employee's effectiveness so the supervisor can take appropriate steps to protect the individual and the company. * The employee will cooperate with reasonable searches by the company of company property and employee's property brought onto company property. * At the company's option the company may but is not required to cooperate with treatment and employment may continue as long as treatment is completed and the company has a position for the individual upon completion of the treatment. The company is not obligated to pay in whole or in part for any treatment. * The company has the right to suspend or terminate any employee for violation of its drug policy. * Use of illegal drugs or Alcohol or reporting to work under influence will result in immediate suspension or discharge. * The company will report illegal drugs to appropriate law enforcement and turn over any suspected drugs or paraphernalia to said law enforcement. If you have government contracts or union contracts make sure you policy is compliant with those agreements. If you do work at a customer's workplace make sure your policy conforms to the customer's policy. Remember if your employees are "at will" you can terminate them for violation of your drug policy even if you do not tell them that is why you are terminating them. If you chose to suspend them your level of proof might actually need to be higher. For example if an employee's work production falls off and you find a half empty bottle of liquor in their desk you can terminate them and you do not have to even tell them why. If you suspend them you will need to tell them why they are being suspended or there will be no benefit of the suspension. You may expose the company and you personally to legal arguments (not my bottle) and therefore liability.