This policy will also support BB Landscaping in its compliance with Federal and State Drug Free Workplace Acts.
This policy applies to all employees and applicants for employment, unless prohibited by state law or otherwise.
"Alcohol" is the generic term for ethanol, which is a type of alcohol produced by the fermentation of many foodstuffs, such as barley, hops, potatoes and grapes, resulting in consumer products like beer, wine, whiskey, vodka, gin, rum, or other beverages. Other types of alcohol commonly available include ethyl (found in antifreeze) or other low molecular weight alcohols, such as methyl (found in glass cleaners) and isopropyl (found in rubbing alcohol). These latter alcohols, though occasionally consumed for their intoxicating effect, are highly poisonous, even in small quantities.
For purposes of this Policy, "Illegal drug" is defined as any controlled substance of which the sale, possession or use is prohibited under state or federal law. Illegal drugs include, but are not limited to, marijuana, cocaine, heroin, phencyclidine (PCP) and similar drugs and narcotics; prescription medications not legally obtained or not being used in the manner, combination or quantity prescribed; over-the-counter medications used other than as directed by the package instructions or as directed by a physician; and solvents, glue, inhalants or patches used as an intoxicant, even if the possession of such substances are not specifically prohibited by applicable law.
Prescription and over-the-counter medications that have been legally obtained and are being used only in the manner, combination and quantity for which they were prescribed or manufactured.
Under the Influence
"Under the influence" means affected by the use of a drug or alcohol, or any combination of drugs or alcohol, or a combination of both.
The term as used in this Policy means actual or constructive care, custody, control or having immediate access to. In the case of alcohol, receipt of unopened alcoholic beverages such as wines, beers or liquors as gifts will not be considered violations of this Policy, but such gifts may not be consumed on Company premises or in any motor vehicle used in performing work on behalf of BB Landscaping, and, when these items are received on Company premises, they should be removed from the premises as soon as practicable.
BB Landscaping strictly prohibits the use, possession, sale, or purchase of any illegal drug on Company property, in Company motor vehicles, at Company sponsored functions, or wherever Company work is being performed. Employees who violate this section of the Policy will be immediately suspended without pay. Further disciplinary action, up to and including termination, will be determined by management in consultation with Human Resources. Management may refer evidence obtained to law enforcement agencies, when it is appropriate to do so.
The legal use of prescribed drugs or over-the-counter medications at work is permitted only if such use does not impair an employee's ability to perform the essential functions of the job effectively and only if used in a safe manner that does not endanger the employee or other individuals. Any employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with safe performance of his/her job. If the use of a medication could compromise the safety of the employee, fellow employees or the public, it is the employee's responsibility to use appropriate personnel procedures (e.g., call in sick, use leave, request change of duty, notify supervisor) to avoid unsafe workplace practices. The illegal or unauthorized use of prescription drugs is prohibited and it is a violation of this Policy to intentionally misuse and/or abuse prescription medications. Appropriate disciplinary action will be taken if job performance deterioration and/or accidents occur.
Moderate consumption of alcohol is permitted when provided at Company-sponsored functions and events. Employees may purchase and/or consume alcohol off Company premises while conducting Company business with clients or customers so long as they do not become impaired, including their ability to operate vehicles, and they comply with all Company policies and the law.
As mandated by the U.S. Drug-Free Workplace Act of 1988, employees must report to the Owner or supervisor any conviction under a criminal drug statute for violations occurring within the workplace or while conducting Company business. Employees must report such a conviction within five (5) days after the conviction.
Driving Under the Influence
Any employee who is cited for driving under the influence of drugs or alcohol while operating a Company vehicle, including both on-duty or off-duty, must immediately advise the Owner and/or his/her supervisor of that fact. Employees who drive as part of their job duties for BB Landscaping must also advise his/her supervisor no later than the next business day if they are cited for driving under the influence of drugs or alcohol while driving a vehicle during either on-duty or off-duty hours.
Entering Company property constitutes consent to searches and inspections. If an individual is suspected of violating this policy, he or she may be subject to search or inspection at any time. Searches may include but are not limited to wallets, purses, briefcases, lunchboxes, other personal property, lockers, desks, work areas, vehicles and other equipment.
BB Landscaping will provide, and strongly encourages individuals to seek, assistance for drug or alcohol problems.
All information received by BB Landscaping through the employee is confidential.
BB Landscaping will conduct testing under the following circumstances, unless prohibited by law or otherwise:
Applicant Testing: All applicants for employment to whom BB Landscaping has made a job offer must undergo a pre-employment drug test. A confirmed positive result indicating the presence of drugs will result in the offer of employment being rescinded.
Other Testing: BB Landscaping may require employees to submit to drug and/or alcohol testing pursuant to the terms of the applicable operating company testing procedures.
Refusal by applicants or employees to submit to required testing will be treated the same as a positive test result under the applicable testing procedures.
VI DISCIPLINARY ACTION
Employees who test positive for drugs and/or alcohol under any of the testing scenarios above, or who in any other way violate this Policy will be subject to disciplinary action, up to and including immediate termination of employment.
Refusal to comply with a drug and/or alcohol screening request under this Policy will be treated the same as a positive test result thereby subjecting the employee to termination of employment under this Policy.
Supervisors and managers are required to take appropriate action whenever an employee's demonstrated judgment or performance seems to be impaired by the possible use of drugs and/or alcohol. Failure to do so may result in disciplinary action, up to and including termination of employment.
· Abide by the terms of the Drug and Alcohol Free Workplace Policy.
· Notify BB Landscaping of any criminal drug statute conviction occurring in the workplace or while conducting Company business no later than five (5) days after said conviction.
· For employees who drive a Company vehicle or drive as part of their job responsibilities, notify BB Landscaping of any citations for driving under the influence of drugs or alcohol no later than the next business day.
BB Landscaping Management:
· Investigate reports that an employee has violated this Policy and recommend necessary action, if any.
· Ensure appropriate drug and alcohol testing procedures are in place.
Supervisors and Managers:
· Take necessary actions to ensure compliance with this Policy.
· Take appropriate action whenever an employee's demonstrated judgment or performance seems to be impaired by the possible use of drugs and/or alcohol.
VIII ASSOCIATED MATERIALS
Drug And Alcohol Free Workplace - CDL
Drug And Alcohol Free Workplace - Testing Procedures
Standards of Conduct Policy
Drug-Free Workplace Act of 1988