Create a Policy program

NOTE: These materials do not constitute legal advice. Laws pertaining to drug-free workplace policies and procedures are complex and subject to frequent change by legislation and court decisions. Consult your attorney before implementing any policy or practice.

Introduction

You have just read a sample of a brief policy that spells out the consequences for using drugs and alcohol on the job. However, the sample policy is not specific in regard to certain industry requirements, drug testing or some of the other options you may want to include in your policy. For that reason, we have provided you with the following tool to comprehensively create a policy specific to your particular company needs.

Instructions

There are a number of statements with a variety of options for each subject area. Read each option carefully as there are slight but important differences in each. Unless noted otherwise, select only one option for each statement. It is not required that you select an option from every statement. You need to only enter your company name once in the provided space below and your name will be inserted throughout the policy. When you are finished making your choices, click on the Review button. Only the statements you chose will be shown in the right frame. When you are ready to print, click the Finalize button in the right frame. Print the resulting page. Be sure to have your attorney review the policy. Once approved by your attorney, put the policy on letterhead and have all employees sign and date it.

Opening Statement

Policy Options:

Step 1:
Select the options you want in the left frame. The text will appear in the textbox on the right. Hit the 'Refresh' button at the bottom of the frame to reset all custom changes you've made in the edit box.

Choose One

Option 1.1: is committed to providing a safe work environment and to fostering the well being and health of its employees. That commitment is jeopardized when any employee illegally uses drugs or alcohol on the job, comes to work with these substances present in his/her body, or possesses, distributes, or sells drugs in the workplace. Therefore, has established the following policy:

Option 1.2: is committed to providing a safe work environment and to fostering the well being and health of its employees. That commitment is jeopardized when any employee illegally uses drugs or alcohol on the job, comes to work with these substances present in his/her body, or possesses, distributes, or sells drugs in the workplace. has established the following policy with regard to alcohol and other drugs to ensure that we can meet our obligations to our employees, customers, and the public.

Option 1.3: is committed to providing a safe work environment and to promoting and protecting the health, safety, and well being of our employees. This commitment is jeopardized when any employee engages in the use, possession, sale, conveyance, distribution or manufacture of illegal drug, intoxicants or controlled substances or abuses prescription drugs or alcohol. Substance abuse is a significant public health problem, which has a detrimental effect on the business community in terms of productivity, absenteeism, accidents, medical costs, theft, and workers’ compensation costs. Therefore, has established the following policy:

Violation 1

Choose One

Option 2.1: It is a violation of company policy for any employee to possess, sell, trade, or offer for sale illegal drugs or otherwise engage in the illegal use of drugs or alcohol on the job.

Option 2.2: It is a violation of company policy for any employee to possess, sell, trade, or offer for sale illegal drugs or otherwise engage in the illegal use of drugs on the job.

Option 2.3: It is a violation of company policy for any employee to possess, sell, convey distribute, or manufacture illegal drugs, intoxicants, or controlled substances, or to attempt to do the same.

Violation 2

Choose One

Option 2.4: It is a violation of company policy for anyone to report to work under the influence of illegal drugs or alcohol-that is, with illegal drugs or alcohol in his/her body.

Option 2.5: It is a violation of company policy to use or be under the influence of illegal drugs or alcohol at anytime while on or using company property, conducting company business or otherwise representing the company.

Option 2.6: It is a violation of company policy to use or be under the influence of illegal drugs at anytime while on or using company property, conducting company business or otherwise representing the company.

Option 2.7 : It is a violation of company policy to use or be under the influence of illegal drugs or alcohol at anytime while on or using company property, conducting company business or otherwise representing the company. Alcohol may be permitted at certain company-sponsored events. These events will be specifically authorized by (add appropriate title or titles here).

Violation 3

Choose One

Option 2.8: It is a violation of the company policy for anyone to use prescription drugs illegally. However, nothing in this policy precludes the appropriate use of legally prescribed medications.

Option 2.9: It is a violation of the company policy for anyone to use prescription drugs illegally. However, nothing in this policy precludes the appropriate use of legally prescribed medications. Employees are responsible for notifying his/her supervisor if the prescribed medication will affect the employee’s ability to perform any function of his or her job.

Violation 4

Choose One

Option 2.10: Violations of this policy are subject to disciplinary action up to and including termination of employment.

Option 2.11: Violations of this policy are subject to disciplinary action ranging from a letter of reprimand, to suspension from work without pay, up to and including dismissal.

Option 2.12: Violations of this policy are subject to immediate termination.

Option 2.13: Violations of this policy are subject to immediate termination and will be referred for criminal prosecution when violations involve illegal drugs.

Supervisor width=

Choose One

Option 3.1: Supervisors will be responsible for the overall job performance of those they supervise. They have a significant role in establishing and maintaining all of the company’s programs. Once annually supervisors will be trained on how to implement and enforce this policy. The training is not intended to train supervisors to be drug or alcohol abuse experts, counselors or to conduct medical evaluations. Supervisors are not required to undertake any actions beyond their normal supervisory responsibilities.

Option 3.2 :It is the responsibility of the company’s supervisors to counsel employees whenever they see changes in performance or behavior that suggests an employee may be under the influence of alcohol or other drugs. Although it is not the supervisor’s job to diagnose personal problems, the supervisor should encourage such employees to seek help and advise them about available resources for getting help. Resource lists will be available to Supervisor’s during training sessions held throughout the year.

Option 3.3 :It is the responsibility of the company’s supervisors to counsel employees whenever they see changes in performance or behavior that suggests an employee has an alcohol or other drug problem. Although it is not the supervisor’s job to diagnose an employee’s problems, the supervisor should encourage such an employee to seek help and tell him/her about available resources for getting help.

Employee

Choose One.

Option 4.1: The Company will provide drug and alcohol awareness information to all employees. This will include the company’s policy on drug and alcohol abuse, information on the magnitude and dangers of drug and alcohol abuse, and the availability of counseling and treatment through the employee assistance program.

Option 4.2: The Company will provide drug and alcohol awareness information to all employees. This will include the company's policy on drug and alcohol abuse, information on the magnitude and dangers of drug and alcohol abuse, and the availability of local community resources through the employee assistance program.

Choose One

Option 5.1: All employees share responsibility for maintaining a safe work environment and should encourage co- workers who uses alcohol or other drugs in the workplace to seek help.

Option 5.2: All employees are expected to be concerned about working in a safe environment, and should encourage their fellow employees who may have an alcohol or other drug problem to seek help.

Option 5.3: All employees are expected to be concerned about working in a safe environment; they are responsible for reporting any knowledge of any violations of the intent of this policy to their immediate supervisors. False accusations will result in disciplinary action up to and including termination of employment.

Drug Testing

All drug testing options are optional unless governed by Department of Transportation (DOT)

Choose One

Option 6.1: The purpose of drug and alcohol testing is to prevent the hiring of individuals who illegally use drugs, deter employees from abusing drugs or alcohol, and provide early identification and referral to treatment, when necessary, for employees with drug or alcohol abuse problems. is committed to promoting and maintaining a drug free working environment for all its employees and to promoting and protecting the safety, health, and well being of its employees.

Option 6.2: The purpose of drug and alcohol testing is to prevent the hiring of individuals who illegally use drugs, deter employees from abusing drugs or alcohol. is committed to promoting and maintaining a drug free working environment for all its employees and to promoting and protecting the safety, health, and well being of its employees.

Option 6.3: is committed to safeguarding the health and welfare of our employees and to provide a safe working environment. Drug and alcohol testing assists us in ensuring our commitment to our employees, customers, and the public.

Option 6.4: has a Zero Tolerance® stand. Any employee found violating this policy will be immediately terminated. The company will offer an employee a list of information and referral numbers with his or her final check.

Pre-Employment

Choose One

Option 7.1: All job applicants who are conditionally offered a position at will undergo testing for the presence of illegal drugs as a condition of employment. Any applicant with a confirmed positive test result will be denied employment.

Option 7.2: All applicants offered a job will be tested for the presence of illegal drugs or other prohibited substances prior to placement within the position.

Pre-Employment"

Choose One

Option 7.3: Applicants will be asked to sign a consent form to undergo drug testing should a position be offered to them prior to any interview occurring. If an applicant refuses, they will be considered disqualified, and the employment process will be terminated.

Option 7.4: The use of anything that is meant to alter and or change the chemistry of the urine sample will immediately disqualify the applicant from the employment process.

Option 7.5: If an applicant’s test is confirmed positive, the applicant will not be considered for employment and will be informed that s/he has failed to meet the minimum employment standards.

Post Accident width=

Choose One

Option 8.1: Employees will be tested if an accident occurs on company premises or time and results in an injury to anyone that requires outside medical attention, or when the employee is determined to have caused or contributed to that accident.

Option 8.2: Employees will be tested if involved in an accident resulting in physical damage to any business property, product, equipment or machinery and/or any property on the business premises.

Option 8.3: Employees will be tested anytime there is an accident by a driver of a motorized vehicle including personal vehicles used while conducting business.

Reasonable Suspion

Choose One

Option 9.1: Testing that is conducted when there is information about an employee’s appearance, conduct or behavior that would cause a reasonable person to believe that the employee has used or may be impaired by drugs or alcohol.

Option 9.2: Employees will be tested when there is reasonable suspicion that an employee is using or has used drugs or alcohol.

Option 9.3: Employees will be tested when someone has observed the use of or the physical symptoms of being under the influence of drugs or alcohol.

Ransom Drug Testing

Choose One

Option 10.1: All employees will be subject to random testing.

Option 10.2: Random testing will be conducted on a neutral selection basis with all employees having an equal chance of being selected.

Employee Assistance Program

Choose One

Option 11.1: The Company recognizes that drug and alcohol abuse can be successfully treated and is committed to helping employees who suffer from these problems, while holding them responsible for their own recovery. offers an employee assistance program (EAP) benefit for employees and their dependents. The scope of this benefit is providing information and referral numbers to the employee. It is the employee’s responsibility to ensure the treatment facility provides the Company with the necessary documentation to establish compliance with the employee’s rehabilitation obligations. If the EAP determines a referral to a treatment provider is necessary, the employee is responsible for the full cost of these services.

Option 11.2: The Company recognizes that drug and alcohol abuse can be successfully treated and is committed to helping employees who suffer from these problems, while holding them responsible for their own recovery. offers an employee assistance program (EAP) benefit for employees and their dependents. The scope of this benefit is confidential assessment, referral, and short-term counseling for employees and their dependents that need or request these services. It is the employee’s responsibility to ensure the treatment facility provides the Company with the necessary documentation to establish compliance with the employee’s rehabilitation obligations. If the EAP determines a referral to a treatment provider is necessary, the employee is responsible for the full cost of these services.

Option 11.3: The Company recognizes that drug and alcohol abuse can be successfully treated and is committed to helping employees who suffer from these problems, while holding them responsible for their own recovery. offers an employee assistance program (EAP) benefit for employees and their dependents. The EAP provides confidential assessment, referral, and short-term counseling for employees and their dependents that need or request these services. If the EAP determines a referral to a treatment provider is necessary, the Company’s insurance may cover a portion or all of the provider’s costs. However, it is the employee’s responsibility to ensure the treatment facility provides the Company with the necessary documentation to establish compliance with the employee’s rehabilitation obligations.

Follow-Up

Choose One

Option 12.1: Employees who have violated this policy, but were given the opportunity t