39.       DRUG FREE WORK ENVIRONMENT – SUBSTANCE ABUSE

         SCREENING

It is the policy of Touchstone Services, Inc. to maintain a drug free work environment for the benefit of persons served and all employees.  The purpose of this policy is to assure a secure environment which protects program participants’ well-being, to sustain the highest quality services, improve staff effectiveness, productivity and reliability, reduce vehicle and in-facility accidents, reduce absenteeism and tardiness and maintain high staff morale and employee performance.  The agency reserves the right to require employees to submit to a substance abuse screen by urine or blood sample when requested.

The employer reserves the right to require new hires to submit to a substance screen as one of the contingencies established in the written conditional job offer.  The test may require a urine or blood sample when requested.  Other substance screen methods may also be used at the discretion of the testing professionals with whom Touchstone Services, Inc. contracts.

Pre-Employment Substance Screen

All new job applicants shall be informed that a substance screen is incorporated in the pre-employment physical.  Successful completion of the substance screen portion of the pre-employment physical is a condition of employment that must be met before the offer of employment may be accepted.

1.    The hiring agent will explain the nature of the screening procedure to the applicant.

2.    If the initial screen is positive, it will be followed with a confirmation test. 

3.    An applicant will be notified by the hiring agent of a positive finding from the substance abuse screen and shall have five (5) working days in which to challenge positive test results.

4.    Confidentiality of substance screen results shall be assured.  The test results will be used for hiring purposes only.  Test results will not be released to anyone except management staff of Touchstone Services, Inc.

5.    An applicant who has received an offer of employment, and subsequently refuses to submit to the substance abuse screen portion of the physical shall be in default of the terms and conditions for employment with Touchstone Services, Inc., and the offer of employment shall be null and void.  The applicant may reapply for employment if desired after twelve (12) months.

All Employees

1.    No employee shall possess, consume or carry with them alcoholic beverages of any kind, on the employer’s property or in an agency vehicle or any other employment-related location.

2.    No employee shall possess, consume or carry with them illegal drugs and controlled substances on the employer’s property, in the employer’s vehicles or at any other employment-related location.  Similarly, no employee shall possess, carry or consume medications that otherwise require a prescription by a licensed health care professional if such prescription has not been written or ordered.

3.    The on-duty or off-duty of marijuana or illegal drugs is strictly prohibited.  Anyone testing positive for marijuana or illegal drugs is ineligible for hire or continued employment.

4.    No employee shall report to work after consuming alcoholic beverages or illegal drugs.

5.    No employee shall report to work after consuming prescription medication that make him/her unfit for complete, reliable and safe performance of any and all job responsibilities. alcoholic beverages, controlled substances or illegal drugs in a condition that makes him/her unfit for full and reliable performance of job responsibilities and service provision.

6.    Any employee will be required to submit to a substance screen if suspected of being under the influence of drugs or alcohol, or for other good cause.

7.    Any employee involved in an accident may be required to submit to a substance screen.

8.    Any employee involved with damage to equipment belonging or entrusted to Touchstone Services, Inc. may be required to submit to a drug or alcohol test.

9.    Any employee who has indicated that s/he is unable to perform their duties or has given Touchstone Services, Inc. cause to suspect drug or alcohol usage is affecting his/her job may be required to submit to a drug or alcohol test.

10. Excessive or unusual absenteeism may be cause for drug or alcohol tests.

11. Upon receipt of an allegation or complaint that an employee is using or abusing alcohol or drugs on or off duty, the employee may be requested to submit to a substance screen.

12. Any employee convicted of selling drugs, or convicted of illegal drug usage, or illegal drug possession will be terminated.  If an employee is charged with selling illegal drugs, s/he may be suspended pending an employer investigation.

13. Any employee who, as part of a medical treatment plan, is required by a licensed health care professional to use prescription drugs or narcotics that may impair performance must immediately report this fact to management.  Reasonable medical documentation may be requested by the employer.  A determination will be made by the employer as to whether the employee is able to perform his/her work responsibilities safely and satisfactorily.

14. The employer reserves the right to request a substance screen tests as determined solely by the employer.

15. The employer reserves the right to request a substance screen for all employees at any time.  Similarly, the employer may test a group of employees working at a particular site or working on a specific shift or any other subset of employees determined by the employer through non-discriminatory objective reasoning.

16. Any employee who is required to carry over-the-counter or

     prescription medication must maintain it in its original container and   

     must keep it on their person or in their personal belongings in a

     manner that keeps it safe from others.

Procedure

1.    A substance screen shall be conducted by secured by urine or blood sample or conducted through another method established by the employer and/or its testing professionals. 

2.    Employer will utilize only professionally developed and administered drug detection tests.  Also, upon request the employee will receive a copy of the test results and all reports or analyses prepared as a result of a positive confirmation test.

3.    Touchstone Services, Inc. will utilize only professionally developed and administered drug detection tests and will pay all costs for drug detection tests.  Also, the employee will receive a copy of the test results and all reports or analyses prepared as a result of a positive confirmation test.

4.    The sample will be secured by means of a Chain of Custody program at the testing site to assure identity and integrity are maintained throughout the testing process.

5.    The drugs being identified are those drugs which used or abused, are not part of a medical treatment plan, and may alter the thinking and actions of its user.  The classes of drugs frequently identified by way of illustration and not a total listing of all drugs are:  amphetamines, barbiturates, benzodiazepines, cocaine, opiates and cannebenoids (marijuana and THC).  Some over-the-counter drugs may be identified.  Positive results will be evaluated in the context of the individual’s complete medical history, including evidence of a prescription by a licensed health care provider.

6.    The specimen will be subject to an initial screen.  If  drugs and/or alcohol are detected, it will be followed by a confirmation test if deemed appropriate by the testing site.

7.    The results of a drug detection test shall be limited to only authorized personnel unless disclosure of results is mandated by law, a court decision, or by the advise of Touchstone Services’ attorney.

8.    When an employee’s confirmation test results are positive, the employee will be advised how long s/he has to make an official challenge of results.

9.    If the applicant/employee chooses to use an outside laboratory for purposes of challenging the original test results, it will be at his/her sole expense and the employee shall authorize release of the test results to the employer.  The employer will reconsider the results and take reasonable action.

Rehabilitation

1.    All employees who admit they have a substance abuse problem or test positive for drug or alcohol use and who want to do through a drug or alcohol rehabilitation program for the first time will be conditionally reinstated to their job after successfully completing the substance abuse rehabilitation program and maintaining the preventative course of conduct prescribed by the employee’s drug or alcohol counselor and his or her licensed health carte professional.  Proper documentation and verification of being free or drugs and/or alcohol including a licensed health care professional’s statement shall be required before the employee will be permitted to return to work.

2.    An employee who is diagnosed as a drug abuser or alcoholic may be granted an unpaid medical leave of absence consistent with the terms and conditions of Touchstone’s leave of absence policy.  The employee will not be permitted to return to work until certification is presented to Touchstone indicating that the employee is capable of satisfactorily performing his/her job responsibilities.  Failure to cooperate with an agree upon rehabilitation treatment plan may result in discipline up to an including employee termination.

3.    Employees who do not follow the prescribed preventive maintenance treatment by their drug or alcohol counselor and who engage in drug or alcohol abuse will be subject to immediate termination.  Employees will have only one opportunity to go through a rehabilitation program.

4.    Employees who refuse to seek appropriate help or rehabilitation, as determined by Touchstone Services, Inc, shall be subject to dismissal.

5.    The employee shall be responsible for all medical and rehabilitation costs and fees.

6.    This rehabilitation policy is available only to workers who have been employed and is not available to applicants.

Refusal

If an applicant or employee refuses a substance abuse screen, that applicant or employee will be treated as insubordinate for failure to obey a directive and such action will be grounds for termination of employment or withdrawl of the conditional job offer.

Employee Statement

Employees will be required to complete and sign the following statement:

I have read this policy on substance screen testing and understand the purpose and procedures as stated.  I consent to the substance screening and grant my permission for the substance screen results to be disclosed to the employer.  I agree to cooperate fully in taking any required substance screen test.

I have been advised that, if I am a person with a disability, Touchstone Services, Inc. will make reasonable accommodations under this policy.

I hereby release Touchstone services, Inc., its directors, officers, employees, agents, contractors and substance screening agencies and individuals from all liability, claims and damages whatsoever that I may have resulting from administration of the substance screen test

.______________          ____________________________

     date                             Employee Signature                   


                                                                                                    Return

Substance Abuse Screen

I have read this policy on substance screen testing and understand the purpose and procedures as stated.  I consent to the substance screening and grant my permission for the substance screen results to be disclosed to the employer.  I agree to cooperate fully in taking any required substance screen test.

I have been advised that, if I am a person with a disability, Touchstone Services, Inc. will make reasonable accommodations under this policy.

I hereby release Touchstone services, Inc., its directors, officers, employees, agents, contractors and substance screening agencies and individuals from all liability, claims and damages whatsoever that I may have resulting from administration of the substance screen test

_______________________________          ____________________

    Employee Signature                                            Date                    

Denial of Drug Use Statement

As a part of the privileging and credentialing process to provide

services to individuals recovering with psychiatric, substance abuse

and co-occurring disorders I, ________________________, deny

the use of any illegal drugs.

______________________________           ________________

  Employee Signature                                             Date