1.0 PURPOSE
Nitro Construction Services has every intention to create a drug-free work environment and does not condone any form of substance abuse. The improper use of controlled substances, illegal drugs, and the abuse of alcohol is inconsistent with the behavior expected of employees and subjects the Company and its employees to unacceptable risks of workplace accidents and other events that undermine the Company’s ability to operate effectively and safely.
2.0 APPLICABLE LAW / CUSTOMER’S POLICY
To the extent that any portion of this policy is contrary to the applicable law, the applicable law of that jurisdiction shall be controlling and shall modify only such portions of the policy that conflict with the applicable law.
This Policy may not be all-inclusive. Company employees may also be subject to substance abuse policies that may be required by a customer of the Company on a project. Additionally, the Company may adopt all or a portion of the substance abuse policies and procedures enforced by LEAD, MOST, or any other established program on any project.
3.0 REFERENCES
West Virginia Code, Chapter 21. Labor. Article 1D. West Virginia Alcohol and Drug-Free Workplace Act.
§21-1D-1
4.0 DEFINITIONS
4.1 Alcohol – Includes but is not limited to all beers, wines, and liquors that are defined and controlled under state and or federal liquor laws.
4.2 Alcohol Test – a procedure conducted to determine if an individual is under the influence of alcohol.
4.3 Controlled Substance – Controlled substance means those substances listed in the Federal Controlled Substance Act, 21 U.S.C. 812, as amended. These substances include all narcotics, including, but not limited to, marijuana, cocaine (and its derivatives, i.e. Crack, etc.), morphine, heroin, amphetamines, and barbiturates. The term does not include those controlled substances used pursuant to, and in accordance with, a valid prescription when such use has been brought to the attention of the company set forth in Section 7.
4.4 Drug of Abuse – any substance listed under the Nine Panel Drug Screen definition and any other substance the employer chooses to test for.4.4
4.5 Drug Test – a procedure using at least a nine-panel drug screen in urine specimens that are collected from individuals for the purpose of scientifically analyzing the specimens to determine if the individual ingested, was injected or otherwise exposed to a drug of abuse.
4.6 Medical Review Officer – a physician who holds a certificate authorizing them to practice medicine and surgery or osteopathic medicine and surgery, has knowledge of substance abuse disorders, has the appropriate medical training to interpret and evaluate positive drug and alcohol test results together with a person’s medical history and other relevant biomedical information, has successfully completed qualification training as outlined in the 49 CFR 40 §121 (c) and has passed an exam administered by a nationally recognized medical review officer certification board or subspecialty board for medical practitioners in the field of medical review of federally mandated drug testing.
4.7 Nine-panel Drug Screen – A drug-testing program that tests for marijuana, cocaine, opiates including hydromorphone, oxycodone, hydrocodone, phencyclidine, amphetamines, barbiturates, benzodiazepines, methadone and propoxyphene at the substance screening and confirmation limits provided under federally mandated drug and alcohol testing programs or otherwise accepted as the industry standard.
4.8 Pre-employment Drug Test – a drug test taken within the preceding 90 days of employment or seven days after hire.
4.9 Random Drug Testing – A procedure in which employees who perform safety-sensitive tasks are selected to undergo a drug test by a statistically valid random selection method without prearrangement or planning.
4.10 Reasonable Cause – a belief based on facts and inferences based primarily upon, but not limited to:
4.10.1 Observable phenomena, such as direct observation of use, possession or distribution of alcohol or a drug of abuse, or of the physical symptoms of being under the influence of alcohol or a drug of abuse, such as but not limited to, slurred speech, dilated pupils, the odor of an alcoholic beverage or a drug of abuse, changes in affect or dynamic mood swings.
4.10.2 a pattern of abnormal conduct, erratic or aberrant behavior or deteriorating work performance such as frequent absenteeism, excessive tardiness or recurrent accidents, that appears to be related to the use of alcohol or a drug of abuse and does not appear to be attributable to other factors.
4.10.3 the identification of an employee as the focus of a criminal investigation into unauthorized possession, use, or trafficking of a drug of abuse.
4.10.4 a report of the use of alcohol or a drug of abuse provided by a reliable and credible source; and
4.10.5 repeated or flagrant violations of the safety or work rules of the employee’s employer, that are determined by the employee’s supervisor to pose a substantial risk of physical injury or property damage and that appears to be related to the use of alcohol or a drug of abuse and that does not appear attributable to other factors.
4.11 Safety-Sensitive Duty – Any task or duty with such risks to the employee or others that even a momentary lapse of attention or judgment, or both, can lead to serious bodily harm or death.
4.12 Under the Influence of Alcohol – A concentration determined by current regulations.
5.0 DRUG-FREE WORKPLACE POLICY
5.1 Nitro Construction Services shall require the following protocols for drug and alcohol testing:
5.1.1 Conduct pre-employment drug tests for all employees.
5.1.2 Conduct random drug testing that annually tests at least ten percent of the contractor’s employees who perform safety-sensitive duties.
5.1.3 Conduct a post-accident drug or alcohol test of any employee who may have caused or contributed to an accident. The drug or alcohol test shall be conducted as soon as possible after the incident occurred and after any necessary medical attention has been administered to the employee.
5.1.4 Conduct a for-cause drug or alcohol test of any employee when a trained supervisor has reasonable cause to believe that the employee has reported working or is working under the influence of a drug of abuse or alcohol. Written documentation as to the nature of a supervisor’s reasonable cause shall be created.
5.2 All drug and alcohol tests shall be conducted by a laboratory certified by the US Department of Health and Human Services.
5.3 The following standards shall be required during the performance of drug and/or alcohol tests by a certified laboratory:
5.3.1 The collection of urine specimens of individuals in a scientifically or medically approved manner and under reasonable and sanitary conditions.
5.3.2 The collection and testing of urine specimens with due regard for the privacy of the individual being tested, and in a manner reasonably calculated to prevent substitutions or interference with the collection and testing of specimens.
5.3.3 The documentation of urine specimens through procedures that reasonably preclude the possibility of erroneous identification of test results and that provide the individual being tested a reasonable opportunity to furnish information identifying any prescription or nonprescription drugs used by the individual in connection with a medical condition to the medical review officer;
5.3.4 The collection, maintenance, storage, and transportation of urine specimens in a manner that reasonably precludes the possibility of contamination or adulteration of the specimens.
5.3.5 The testing of a urine specimen of an individual to determine if the individual ingested, was injected or otherwise introduced with a drug of abuse in a manner that conforms to scientifically accepted analytical methods and procedures that include verification and confirmation of any positive test result by gas chromatography or mass spectrometry.
5.4 If an employee yields a positive result for a drug and/or alcohol test, Nitro Construction Services’ shall require:
5.4.1 The drug test to be reviewed by a Medical Review Officer.
5.4.2 The employee may contest the positive result and have the original sample independently retested by an independent laboratory, which must be suitable to the Company) of their choice at the employee’s own expense within sixty (60) days.
5.4.2.1 The employee must submit the name of the independent lab to the Company so that compatibility with the Company’s standards and requirements can be verified.
5.4.2.2 If the independent test is negative, the participant will be allowed to return to work immediately and be reimbursed the cost of the test
5.4.3 Upon validation of the positive test or if the employee is caught contaminating a drug or alcohol test, the employee shall be subject to appropriate disciplinary measures up to and including termination from employment. If not terminated, the employee shall be subject to random drug or alcohol tests at any time for one year after the positive test.
5.4.4 When a supervisor has reasonable cause to believe an employee is under the influence of a drug(s) or alcohol at work, he shall require the employee to take a drug or alcohol test and immediately suspend the employee from performing safety-sensitive tasks until such time as a drug or alcohol test is performed and results of that test are available;
5.4.5 The employee testing positive for a drug of abuse or alcohol be provided the list of community resources where employees may seek assistance for themselves or their families.
5.4.6 The employee who voluntarily acknowledges that he/she may have a substance abuse problem be provided the list of community resources where employees may seek assistance for themselves or their families.
5.5 All drug testing information specifically related to individual employees is confidential and should be treated as such by anyone authorized to review or compile program records. Drug test results may not be used in a criminal proceeding without the employee’s consent.
5.6 A clearly legible copy of Nitro Construction Services’ written drug-free workplace policy shall be kept posted in a prominent and easily accessible place at the public improvement construction site thereof by each contractor subject to the provisions of this article.
6.0 TRAINING
6.1 All new hires shall be provided drug-free workplace employee education.
6.2 Employee education shall include all the following:
6.2.1 Detailed information about the content of Nitro Construction Services’ drug-free workplace policy and an opportunity for employees to ask questions regarding the policy.
6.2.2 The distribution of a hard copy of the written drug-free workplace policy, including collecting an employee-signed acknowledgment receipt from each employee.
6.3 Supervisors shall receive drug-free workplace supervisor training on an annual basis which shall include the following:
6.3.1 How to recognize a possible drug or alcohol problem.
6.3.2 How to document behaviors that demonstrate a drug or alcohol problem.
6.3.3 How to confront employees with the problem from observed behaviors.
6.3.4 How to initiate reasonable suspicion and post-accident testing.
6.3.5 How to handle the procedures associated with random testing.
6.3.6 How to make an appropriate referral for assessment and assistance.
6.3.7 How to follow up with employees returning to work after a positive test; and
6.3.8 How to handle drug-free workplace responsibilities in a manner that is consistent with the applicable sections of any pertinent collective bargaining agreements.
7.0 PROHIBITED CONDUCT
7.1 The use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances, drugs, or drug-related paraphernalia, or the use of alcohol, when performing Company duties, when on Company or customer property, when operating Company equipment or during working hours is strictly prohibited and will result in disciplinary action up to and including termination.
7.2 Reporting to work, or working under the influence of any controlled substance, drugs, or alcohol is strictly prohibited and will result in disciplinary action up to and including termination.
7.3 Applying for work under the influence of any controlled substances, drugs, or alcohol is strictly prohibited and will result in the applicant not eligible for hire.
7.4 Attempting to mask any prohibited conduct or sabotage any test or test result is strictly prohibited and will result in disciplinary action up to and including termination.
8.0 PRESCRIPTION USE OF SUBSTANCES
Some legally prescribed controlled substance drugs can have a detrimental impact on an employee’s job performance. Therefore, it is the responsibility of each employee (or new hire) who is using any controlled substance or drug pursuant to a valid prescription to consult with his/her prescribing physician to determine whether the use of the prescribed substance will affect his/her ability to safely and efficiently perform his/her job. If there is a possibility that such use will affect the employee’s work, then the employee must advise Company management prior to the use of the controlled substance or drug. It is strictly prohibited for an employee to perform work before advising the Company management of the possible impact of the prescribed substance or drug that he/she is using. If in the judgment of the Company management, the use of prescribed substances or drugs could affect the employee’s ability to perform his/her normal job, the employee may be temporarily reassigned to other duties or placed on a leave of absence during the use of the prescribed substance or drug.
9.0 SEARCHES
The company may conduct searches in Company facilities for controlled substances, drugs, drug-related paraphernalia, or alcohol at any time and without notice. Such searches need not be based upon reasonable suspicion. Employees shall cooperate in such searches. The company may conduct searches of employees and their personal property at the workplace if, in the opinion of Company management, there are grounds for reasonable suspicion that an employee is in violation of this policy. Employees shall cooperate in such searches.
10.0 EMPLOYEE ASSISTANCE
10.1 The company encourages employees with a controlled substance, drug, and alcohol-related problems to seek effective treatment either on an outpatient basis or an inpatient basis in a qualified rehabilitative or therapeutic substance/drug/alcohol abuse program.
10.2 The decision and cost associated to seek diagnosis and accept treatment is the responsibility of the employee. For information regarding this, or qualified twelve-step programs such as Alcoholics Anonymous, or Cocaine Anonymous, the employee should contact the Energy Services of America Director of Human Resources, who is designated at the drug-free workplace representative.
10.3 Employees who voluntarily seek assistance for a controlled substance, drug or alcohol problems before being asked by the company to take a drug and/or alcohol test will be given the opportunity to participate in a qualified rehabilitative or therapeutic substance abuse program on a one-time basis only, without being subject to discharge on that account, provided they enter such a program immediately and successfully complete the program.
11.0 DISCIPLINE
11.1 Any employee who violates this Policy or refuses to be tested shall not be eligible for hire for a period of at least twelve (12) months.
11.2 If the applicant is hired after the 12th month he/she shall be subject to random testing at any time unless otherwise required by law. Any employee who violates this Policy or refuses to be tested a second time shall not be eligible for rehire indefinitely. An employee who violates this Policy refuses to submit to a test or search is subject to discipline, including termination.
11.3 Any employee terminated under this Section 12 for a second time will not be eligible for rehire indefinitely.
11.4 The Company may notify its customer, the employee, and or the employee’s representatives of the employee’s violation of this policy and an employee’s ineligibility for rehire.
12.0 NOTIFICATION OF CONVICTION FOR DRUG / ALCOHOL RELATED OFFENCES
12.1 Employees who are convicted of, or plead guilty to, controlled substance/drug or alcohol-related violations under either state or federal law that occur on Company property, while using a Company vehicle, while performing Company duties or during working hours must in, writing, notify the head of Nitro Construction Services Safety Department within five (5) days, of such a conviction or guilty plea.
12.2 If an employee has his/her license revoked, the employee must notify the Corporate Safety Director immediately and thereafter cannot operate a Company vehicle until such time as the employee obtains a valid driver’s license and obtains permission from the Corporate Safety Director.
13.0 DEPARTMENT OF TRANSPORTATION (DOT) REGULATED EMPLOYEES
Employees who are regulated by the Federal Department of Transportation (DOT) are subject to all applicable DOT regulations as well as this Policy. Refer to Nitro’s DOT Policy for more information.
14.0 Appendices:
NCS Form 011 – Substance Abuse Policy Summary Acknowledgement and Consent