Employees are prohibited from any involvement with alcohol, drugs, or any other substance that may impair their work performance or the ability to professionally represent the Practice. The object of our Drug-Free Workplace Policy is to provide a safe, healthy and productive work place for all employees. The use, possession, sale, transfer, unlawful manufacture, distribution, dispensing, or purchase by any employee of any drug (including alcohol and marijuana) or associated paraphernalia or being under the influence of drugs (including alcohol and marijuana) by any employee at any time on Practice premises (including private vehicles parked on Practice premises or work/training sites) or while on Practice business is prohibited. Employees must not report for work, attend Practice functions or be on Practice property while under the influence of, or have in their possession while on Practice property, any drug. There may be certain Practice celebrations or when entertaining business associates where moderate use of alcohol may be appropriate. Even in those limited circumstances, employees must remain professional at all times or risk disciplinary action. Consumption of alcohol and/or other drugs at lunch (or other time during the business day) is not acceptable conduct.
Definition of Drug
For the purpose of this policy, the term "drug," wherever it appears in this policy statement, means and includes alcoholic beverages, illegal drugs, controlled substances (such as marijuana) and the unauthorized use of prescription or over-the-counter drugs (or the use of prescription or over-the-counter drugs for any reason other than a legitimate medical reason).
For the purpose of this policy, the term "illegal drug," wherever it appears in this policy statement, means a drug or substance, the sale possession, or consumption of which is illegal, or a prescribed drug that is legally obtained but not being used for its intended purpose.
Employees lawfully taking drugs prescribed by an attending physician are not in violation of this policy. All prescription drugs must be kept in their original containers. Employees are prohibited from sharing with or selling these prescriptions to other employees.
Consequences of Violating the Drug-Free Workplace Policy
Violation of this Drug-Free Workplace Policy will result in immediate termination.
Random drug tests will be conducted at a certified testing agency under the discretion of the employer. The employee will have 24 hours to complete the test (at the expense of the employer). If the test is not completed within the time allotted, this will be considered a refusal by the employee and will be a notice of resignation.
An employee who refuses to submit to testing under this policy or to comply with drug testing practices, who tests positive for drugs and/or alcohol, or who refuses to consent to searches conducted under this policy, will be subject to disciplinary action up to and including termination.
Any person undergoing a “reasonable cause” test shall be given a copy of the completed incident report and will be driven to the testing facility for testing. The employee will then be driven home. The employee should be placed on leave without pay pending the outcome of the test results. If the test results are negative, the employee will be reassigned to their previous position and paid back pay for the time missed due to the testing and leave If any employee who tests positive is terminated from employment, he or she will not be eligible for consideration for rehire for ninety days. However, if any employee tests positive, the Practice may, in its sole discretion, decide not to terminate the person’s employment with the Practice if the employee, at his or her choice, asks to be referred to a qualified substance abuse professional, and successfully completes any recommended rehabilitative program. In such case, the employee will be placed on unpaid leave (after use of available paid leave), until successful completion of said program. In such cases, cooperation with the evaluation process, successful completion of any recommended rehabilitative programs and signing a return to work agreement are required for consideration of reinstatement. A probationary period and other conditions, including passing a return to work test, may be attached to any return to work agreement.
The Practice will notify local law enforcement officials of any illegal drug or drug paraphernalia found on the premises, surrender these items to the custody of these officials and cooperate fully in the investigation and/or prosecution of the individuals involved.
The Practice may inspect any area or items on the premises with cause for the presence of alcohol, drugs, or drug paraphernalia prohibited under this policy. Applicants and current employees agree, as a condition to continued employment, to consent to searches. Searches may include, but are not limited to:
Searches of employee's personal belongings, including without limitation purses, backpacks and briefcases;
Searches of work areas, including without limitation cabinets, lockers, storage areas; and
All vehicles on Practice property.
Notification of Conviction
It is a further requirement and condition of employment that any employee who is convicted under a criminal drug statute notifies the Practice of the conviction within five days of the conviction. Any conviction may result in discipline, up to and including termination.
Off-The-Job Drug/Alcohol/Substance Use and Activity
Employees who use drugs, alcohol, or chemical substances off the job run the risk of jeopardizing the safety of themselves, their family, the public, and affecting the Practices image. Whenever such usage adversely affects the Practice, interferes with the employee’s or Practice’s ability to carry out their respective responsibilities, or increases potential liability for the Practice, the Practice may take disciplinary action against the offending employee(s), up to and including termination of employment.
If any part of this Policy is held invalid by a competent authority, such part shall be invalid and the remainder of the Policy shall continue in full force and effect.
Reservation of Rights
As it does with all of its guidelines, policies, procedures, and practices, the Practice reserves the right to interpret, change, suspend, or cancel, with or without notice, all or any part of this Policy, or procedures or benefits discussed herein.
Although adherence to this Policy is considered a condition of continued employment, nothing in this Policy or any other policy alters an employee's status and shall not constitute nor be deemed a contract or promise of employment.
If You Need Help
If you have a problem with drugs or alcohol, you should seek treatment before it affects your work performance or other important aspects of your life. The Practice encourages employees to do so, and will make reasonable efforts to accommodate addicted employees.
Smoking and Tobacco Free Workplace
The Practice promotes a smoke and tobacco free workplace. This policy is designed to maintain a clean facility and serve the best interest of all employees and patients and is not based on moral judgments, or designed to deny the rights of one group of employees in favor of another group. It is the Practice’s policy that smoking and tobacco use are not permitted within Practice facilities.
If an employee comes to work smelling of tobacco smoke, alcohol, or marijuana, they will be asked to go home and change their clothes and/or shower to remove the smell. They will then be allowed to return to work.