DRUG AND ALCOHOL USE AND TESTING POLICY
STATEMENT OF POLICY REGARDING DRUG AND/OR ALCOHOL USE BY EMPLOYEES
Reasor's is committed to providing its employees with a safe workplace and an atmosphere which allows them to protect property and other assets placed in their care. Employees are expected to be in a suitable mental and physical condition while at work, allowing them to perform their jobs effectively and safely.
Whenever use or abuse of any mood altering substance (such as alcohol or other drugs) interferes with a safe workplace, appropriate action must be taken. Reasor's has no desire to intrude into its employees' personal lives. However, both on-the-job and off-the-job involvement with any mood altering substances can have an impact on our workplace, Reasor's interests and reputation, and on Reasor's ability to achieve its objectives of safety and security. Employees are expected to report to the Reasor's premises, work sites, vehicles, client locations or customer work sites with no mood altering substances in their body. Further, the possession, sale or use of mood altering substances at work, or coming to work under the influence of such substances will be a violation of safe work practices and may result in disciplinary action up to and including termination.
All employees are prohibited from the unlawful use, sale, dispensing, distribution, possession, or manufacture of illegal drugs or alcoholic beverages on Reasor's premises, work sites, vehicles, client locations or customer work sites. In addition, employees are prohibited from the off-premises use of alcohol and possession, use, or sale of illegal drugs when such activities adversely affect job performance, job safety, or Reasor's reputation. All employees will be subject to disciplinary action up to and including termination, for violations of this Policy.
Any employee who is charged and/or convicted under any federal or state criminal drug and/or alcohol statute must notify their supervisor or the Human Resources department within five (5) days of the charge and/or conviction. A charge and/or conviction may result in disciplinary action up to and including termination.
The proper use of controlled medications or over-the-counter drugs as part of a prescribed medical treatment program of the individual does not constitute, by that fact alone, a violation of this Policy, but it may be important for an employee's supervisor to be aware such use is occurring in order to determine job assignments. Such use may provide a basis for reassignment, a leave of absence or termination due to medical reasons. An employee undergoing prescribed medical treatment with a controlled medication that could impair his/her physical, mental or emotional faculties must immediately report this treatment to his/her supervisor. Failure to do so will constitute a violation of this Policy.
Reasor's may also search Employer owned property or premises used by the employees, as well as the personal effects of employees (to include, clothing, vehicles, containers, tool boxes, lunches, lockers, and the like) brought onto Reasor's property. Reasor's may take into custody any illegal, unauthorized or prohibited items and may turn them over to the proper law enforcement agencies. Interference with a search may result in disciplinary action up to and including termination.
DRUG AND ALCOHOL TESTING
Individual Subject to Drug and/or Alcohol Testing
All employees, applicants who have received a conditional offer of employment, independent contractors, subcontractors, and/or employees of independent contractors or subcontractors are subject to drug and/or alcohol testing and the provisions of this Policy.
Circumstances for Testing
The circumstances under which Reasor's may require drug and/or alcohol testing are:
- Applicant Testing: Applicants who have received a conditional offer of employment will be required to submit to drug and/or alcohol testing. A positive test or a refusal to undergo testing may result in a refusal to hire.
- For-Cause Testing: Any time Reasor's reasonably believes an individual is under the influence of drugs and/or alcohol, Reasor's may require a drug and/or alcohol test. Circumstances causing Reasor's to require testing of an individual may include, but are not limited to:
- Drugs and/or alcohol on or about the individual's person or an individual's vicinity;
- Conduct on the individual's part that suggests impairment or influence of drugs and/or alcohol;
- A report of drug and/or alcohol use while at work or on duty;
- Information that an individual has tampered with drug and/or alcohol testing at any time;
- Negative performance patterns; or
- Excessive or unexplained absenteeism or tardiness.
- Post-Accident Testing: If an employee or another person has sustained an injury while at work, or in cases in which Reasor's property has been damaged, including damage to equipment, Reasor's may require drug and/or alcohol testing.
- Random Testing: Reasor's may require an individual or all members of a classification or group to undergo drug and/or alcohol testing at random and may limit its random testing to particular employment classifications or groups.
- Post-Rehabilitation Testing: In those instances in which Reasor's offers or requires an employee the opportunity to successfully complete a drug and/or alcohol rehabilitation program in lieu of termination or following a positive test that did not result in termination, the employee may be required to undergo drug and/or alcohol testing for a period of up to two years commencing with the employee's return to work.
Under this Policy, Reasor's shall test for drugs and/or alcohol.
Testing Methods and Collection Procedures
- Samples shall be collected and tested only by individuals deemed qualified by the State Department of Health and may be collected on the premises of the employer;
- Only samples deemed appropriate by the State Department of Health for drug and/or alcohol testing shall be collected;
- The collection of samples shall be performed under reasonable and sanitary conditions;
- A sample shall be collected in sufficient quantity for splitting into two separate specimens, pursuant to rules of the State Board of Health, to provide for any subsequent independent analysis in the event of challenge of the test results of the main specimen;
- Samples shall be collected and tested with due regard to the privacy of the individual being tested. In the instances of urinalysis, no employer or representative, agent or designee of the employee shall directly observe an applicant or employee in the process of producing a urine sample; provided, however, collection shall be in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of reliable samples;
- Sample collection shall be documented, and the documentation procedures shall include:
- Labeling of samples so as reasonably to preclude the probability of erroneous identification of test results, and
- An opportunity for the applicant or employee to provide notification of any information which the applicant or employee considers relevant to the test, including identification of currently or recently used prescription or nonprescription drugs, or other relevant information;
- Sample collection, storage, and transportation to the testing facility shall be performed so as reasonably to preclude the probability of sample contamination or adulteration;
- Sample testing shall conform to scientifically accepted analytical methods and procedures. Testing shall include confirmation of any positive test result by gas chromatography, gas chromatography-mass spectroscopy, or an equivalent scientifically accepted method of equal or greater accuracy as approved by Board rule, at the cutoff levels as determined by Board rule, before the result of any test may be used as a basis for refusal to hire a job applicant or any action by an employee pursuant to 40 O.S. § 562 of this act; and
- A written record of the chain of custody of the sample shall be maintained from the time of the collection of the sample until the sample is no longer required.
- Reasor's will use testing services and facilities which have been licensed by the State Department of Health to test for the presence of or abuse of drugs and/or alcohol.
Consequences for Violating the Testing Policy
- Failure to Cooperate or Refusal to be Tested: Any individual who fails to cooperate with Reasor's requirement for drug testing or refuses to submit to Reasor's request for drug and/or alcohol testing, or refused to complete the required forms will be subject to disciplinary action up, to and including termination from employment, or will not be eligible for employment, as the case may be. Interfering with and/or failing to cooperate with the testing process will be treated as refusal to be tested.
- Adulteration, Tampering or Manipulation of Samples: The actual or attempted adulteration, tampering, and/or manipulation of drug and/or alcohol testing samples is prohibited. Any individual who attempts to alter, tamper or manipulate any testing samples will be subject to disciplinary action up to and including termination from employment, or will not be eligible for employment, as the case may be.
- Personnel Action Which May Be Taken as a Result of a Positive Test Result:
- Any individual who violates this Policy regarding actual or intent to possession, consumption, use, transfer, solicitation or sale of illegal drugs, the abuse of prescription or over-the-counter drugs, or illegal possession or inappropriate or moderate use of alcohol will be subject to disciplinary action up to and including termination.
- Any employee who tests positive will be subject to disciplinary action up to and including termination. However, Reasor's may, in its sole discretion, suspend disciplinary action or impose discipline less than termination, on the condition that the employee successfully completes a program of rehabilitation or treatment satisfactory to the employer. An employee who has been afforded this opportunity, but who does not successfully complete their rehabilitation or treatment of the program will be subject to disciplinary action up to and including termination from employment.
Confidential Explanation By Individual
Any individual who receives a positive drug and/or alcohol test result or has otherwise violated this Policy will be given an opportunity to offer an explanation, in confidence, to a representative of Reasor's.
Records of all drug and/or alcohol test results and related information are the property of Reasor's. However, upon written request, those test results and related information will be made available for inspection and copying to the individual tested. The drug and/or alcohol test results and related information will be treated as confidential and will be maintained separate from other personnel records. Reasor's will not release these records other than to the individual, or the Reasor's review officer, unless the individual has expressly and in writing granted permission for the employer to release such records, or in order to comply with or respond to a valid judicial or administrative order.
[Reasor's may share drug and/or alcohol test results and related information regarding employees of independent contractor or subcontractors with the respective independent contractor or subcontractor.]
The testing facility, or any agent, representative or designee of the facility, or any review officer, will not disclose to Reasor's, based on the analysis of a sample collected from an individual under this Policy, any information relating to the general health, pregnancy or other physical or mental condition of the individual. The testing facility will release the results of the drug and/or alcohol test, and any analysis and information related thereto, to the individual testing upon request.
Within 24 hours of receiving notice of a positive test, an individual may request a subsequent confirmation test of a sample. The individual shall pay all costs of the subsequent confirmation test, unless the subsequent confirmation test reverses the findings of the challenged positive test. In those cases where the confirmed test reverses the initial findings, Reasor's will reimburse the individual for the cost of the subsequent confirmation test.
An individual who is aggrieved by an alleged violation of the Oklahoma Standards for Workplace Drug and Alcohol Testing Act may file a civil action within one year of the alleged willful violation.
Any part of this Policy may be changed by Reasor's with ten (10) days' notice.
PDF version of Reasor's Drug and Alcohol Use and Testing Policy