It is the policy of Independent Living Services to maintain a work place that is free from the effects of drug and alcohol use or abuse.
All employees are prohibited from using or possessing controlled substances or alcohol while on duty or working with the presence of alcohol or illegal drugs in the employee’s body or abusing legal drugs. Abusing legal drugs includes using drugs prescribed for another person. Legal drugs are defined as medications prescribed by a licensed physician or medical facility for an employee or another person. Employees who engage in drug or alcohol use or abuse face the risk of termination and the forfeiture or worker’s compensation medical and indemnity benefits.
All employees are subject to the provisions of this policy when engaged in the following activities:
when conducting Independent Living Services business, whether on or off ILS property
when on ILS property at any time, including parking lots, whether leased or owned by ILS
when driving or riding as a passenger in a vehicle owned by ILS
For Cause, Reasonable Suspicion
Supervisors should report immediately any action by an employee who demonstrates an unusual behavior pattern, work habits, or the observation of drugs, alcohol or drug paraphernalia on or about the person. Other behavior commonly associated with drug or alcohol influence, such as staggered walk, erratic behavior, slurred speech, and/or dilated pupils must also be reported immediately.
The Human Resource Director and/or Executive Director will determine whether the employee should be examined by a physician or clinic and/or tested for drugs and alcohol.
Employees believed to be under the influence of drugs, narcotics, or alcohol will be required to leave the premises.
An employee who has been requested to be tested for drugs and alcohol for cause must report to the designated testing site within four (4) hours of notification.
If an employee will be working in a position that requires drug screening, the qualified applicant will receive a conditional offer of employment, subject to passing a drug test. The Human Resource Director or designee will arrange a drug test for the qualified applicant. Only after a conditional offer of employment is made can the employee be required to take the drug test.
Within 48 hours of the initial notification the selectee must report to the designated testing site. If extenuating circumstances beyond the selectee’s control prevent the selectee from providing a sample within 48 hours, the selectee must request an extension within 48 hour of the initial notification of selection. Scheduling or transportation problems experienced by the selectee are not considered extenuating circumstances. The decision of whether or not to grant an extension will be made by the Executive Director and/or the Human Resources Director.
Employees of Independent Living Services may be required to undergo drug testing, at the Executive Director and/or Human Resource Director’s sole, absolute and unfettered discretion, following an accident of any type.
However, all drivers involved in a vehicle accident while on duty, regardless of being issued a citation, must undergo a drug test.
Employees will not be allowed to operate an Independent Living Services vehicle or a private owned vehicle while conducting Independent Living Services business until the testing results have been received by the Human Resources Director. Testing will be conducted immediately upon the completion of the on-scene investigation.
Employees of Independent Living Services will be required to undergo drug testing following all workers’ compensation claims. An employee who makes a workers’ compensation claim must report to the designated testing site within four(4) hours of notifying their supervisor of the claim.
True random testing for employees working in a position which requires random drug testing will be performed on a regular basis.
Independent Living Services will employ an outside agency which will be responsible for insuring a percentage of employees will be tested from the list of employees who are in the required random pool.
Appropriate personnel will arrange for the test and notify those selected on the day of the testing. An employee selected under random testing must report to the designated testing site within four (4) hours of notification.
Employees are only subject to random testing on scheduled workdays.
Failure to Submit
Failure to submit to a drug screen will result in termination.
Employees subject to the Drug-Free Work Place Act who are convicted of any criminal drug violation occurring in the work place must report such conviction to their supervisor within five days, and management is then to take appropriate action as required by law.
Employees in violation of this policy will be terminated. Such violations include, but are not limited to the following:
refusal to submit to testing as outlined in this policy
possessing illegal or non-prescribed drugs and narcotics or alcoholic beverages at work
being under the influence of such substances while working
using, manufacturing, or selling them on company premises
Employees, their possessions, company issued equipment, and containers under their control are subject to search and surveillance at all times while on company premises or while conducting company business.
Employees terminated for violation of this policy will be eligible for rehire with Independent Living Services after thirty (30) days.
If offered a position, the individual will receive a conditional offer of employment, subject to passing a drug test. If the individual is rehired within twelve months of termination for the first year they will be required to work in a position that has direct supervision, will not be allowed to drive a company vehicle or transport consumers in their own vehicle and will be subject to periodic drug testing.
Rehabilitation and Counseling
Employees who are experiencing work related problems resulting from drug, narcotic, or alcohol abuse or dependency may request counseling help prior to being selected for testing. Job performance alone, not the fact that an employee seeks counseling, is the basis for all performance appraisals.
Any employee who is abusing drugs or alcohol may be granted a leave of absence to undertake rehabilitation treatment provided the request for leave is made prior to the employee being selected for testing. An employee seeking leave for treatment after being selected for testing, provided the employee testes negative, the employee’s employment may be continued and leave for the treatment may be allowed. The employee will not be permitted to return to work until certification is presented to his/her supervisor stating that the employee has begun and completed a treatment program. Failure to cooperate with an agreed upon treatment plan my result in discipline, up to and including termination. Employees will be subject to periodic drug testing while participating in the agreed upon treatment plan. Participation in a treatment plan does not insulate an employee from the imposition of discipline for violations of this or other Independent Living Services policies, including, but not limited to, termination of employment.
All data, information, and results related to employee drug and alcohol testing are confidential. Disclosure of information will only be to those individuals whose official business duties necessitate disclosure or as required by law.
Independent Living Services will, to the extent feasible, provide continuing education for the workforce about the ill effects of drug and alcohol abuse.