JAY DEE CONTRACTORS, INC.
This is our policy on illegal drugs, controlled substances, contraband, weapons, stolen property and unauthorized items.
I. PURPOSE
A. Jay Dee Contractors, Inc. is committed to the establishment and maintenance of a safe and efficient work environment for all employees free from the effect of alcohol, illegal drugs, other controlled substances, and prohibited items. This policy establishes the guidelines applicable to all company operations.
II. POLICY
A. This policy prohibits the use, possession, concealment, transportation, promotion or sale of the following items or substances on Company premises*:
1. Illegal drugs, look-alikes, designer drugs, and drug paraphernalia.
2. Controlled substances such as medications when usage is abused.
3. Alcoholic beverages.
4. Firearms, weapons and ammunition-except when authorized for security purposes.
5. Unauthorized explosives.
6. Stolen property or contraband.
**NOTE: Company premises refer to all property, facilities, land, platforms, buildings, structures, fixtures, installations, boats, aircraft automobiles, trucks and all other vehicles and stationary or mobile equipment whether owned, leased, or uses. This definition may also include other work locations, and travel to and from those locations while in the scope and course of Company employment.
B. Substance abuse awareness and control is a management responsibility. Managers will assure that they and their supervisors are properly trained in abuse recognition and in their authorities and responsibilities with respect to dealing with substance impaired personnel.
C. Jay Dee Contractors, Inc. will participate in and fully comply with any client-imposed substance abuse programs when such programs are a contractual condition.
D. Jay Dee Contractors, Inc. reserves the right to establish drug and/or alcohol search and screening procedures consistent with applicable local, state and federal laws and where deemed necessary. See section III for further information.
E. The Director of Safety shall have responsible for coordinating the development and dissemination of substance abuse awareness and training programs.
F. Where business concerns indicate that a substance abuse program may be required on a project or in an office, a request must be submitted to the Director of Safety.
G. Each employee must certify that he/she will notify project management of any criminal drug statute conviction for a violation occurring in the work place no later than five (5) days after such conviction.
H. The company shall notify the appropriate federal contracting agency within then (10) days after receiving notice from an employee or a law enforcement agency of a criminal drug statute conviction for a violation occurring in the work place.
I. Employees who violate this policy will be subject to disciplinary action up to and including termination.
III. ALCOHOL, DRUG AND CONTROLLED SUBSTANCES SCREENING POLICY
A. In conjunction with Jay Dee Contractors, Inc.’s Corporate Safety Policy pledging a commitment to ensure protection of its works, subcontractors and the public, a controlled substances screening program will be implemented to ensure a safe and healthy work environment is maintained on all corporate projects. The screening policy is effective June 1, 1992.
CONSENT TO SEARCH
B. Employment by Jay Dee Contractors, Inc. or any of its Joint Ventures, and/or work as a subcontractor to Jay Dee Contractors, Inc. shall be deemed consent to an inspection of personal property, vehicle or person at any time while entering, on, or leaving Jay Dee Contractors, Inc. property or a project site, or while in transit in the employ of Jay Dee Contractors, Inc.. These inspections will be conducted at the discretion of Jay Dee Contractors, Inc. Contractors supervision and/or the Owner/Owner’s Representative. Searches of personal property and clothing shall be conducted under the direct supervision of Jay Dee Contractors, Inc. management personnel and accompanied by a witness for the Owner or Owner’s Representative. These searches may include personal effects form pockets, handbags or other articles
CONDITIONS WARRANTING A SEARCH
C. Conditions under which a search may be prompted include but are not limited to the following:
1. Reasonable suspicion.
2. Post-accident or injury.
3. Person found in unfit condition.
4. An accident while on the job or job site.
5. Management believes the possession of controlled substances may be occurring in violation of Corporate Policy.
D. Controlled substances, drugs or alcohol seized during a search shall be impounded and sealed in an airtight container. The container shall bear the date, names of the persons present, general description of the item, the location of the seizure and any other pertinent information regarding the search and seizure. A receipt shall be given for any seized property. The proper authorities shall be notified concerning identification of the seized material(s) and possible prosecution. Retention of seized items will be maintained in a locked cabinet under the exclusive control of the project Manger of his designated employee. Chain of custody shall be established whenever a transfer of seized property is made. If the seized property will be returned and a receipt obtained if it is determined to have been lawfully and properly in the employee’s possession at the time of seizure. If the property represents a violation of Corporate Policy or the law, the violators will be disciplined in accordance with Corporate Policy up to and including termination. All violators of this policy will be enrolled in a substance abuse program at no cost.
E. Employees refusing to cooperate with the search will not be forced to comply, but shall be informed that failure to comply is a violation of Corporate Policy, and discipline up to and including termination possible. All persons found in violation of this policy and who remain an employee of Jay Dee Contractors, Inc. will not be allowed to return to work until successfully completing the substance abuse program.
ALCOHOL AND DRUG SCREENING
F. The nature of the heavy construction industry in general, and the underground construction industry in particular warrants a comprehensive safety program to secure the health, safety and well-being of all employees, facilities and the general public. Jay Dee Contractors, Inc. will conduct alcohol and drug screening as necessary. Jay Dee Contractors, Inc. will not knowingly employ personnel who fail to meet the standards established in this policy.
G. Alcohol/drug screening will include, but not be limited to, a medical evaluation and biochemical testing/analysis. Screening may include testing for alcohol and drugs designated in Table 1. The detectable level of drugs or alcohol in a individual’s system which will be regarding as a positive test are as listed in Table 1. All samples will be analyzed by an approved laboratory.
H. Employees who test positive do not have the right to have their samples re-tested. they may however, have another test conducted at their own expense. This second test will not supersede the results of the initial test.
I. Alcohol/drug screening may be required in circumstances including, but not limited to, the following conditions.
1. Pre-Employment Screening
a. All employees offered a position with Jay Dee Contractors, Inc. will be tested prior to a job assignment. Testing will be conducted through the use of acceptable urine sampling procedures. Jay Dee reserves the right to waive this screening if it so desires.
b. Employees failing the alcohol/drug screening will not receive further consideration for job assignment at this time. Future job assignment will be considered provided the following criteria are met:
i. The employee has successfully completed an acceptable substance abuse rehabilitation program as determined by Jay Dee Contractors, Inc., including an acceptable follow-up program of unannounced screens.
ii. A minimum one-month waiting period has elapsed.
c. If the employee passes the subsequent pre-assignment screen the employee will be informed in writing that periodic screening will be a condition of assignment to any Jay Dee Contractors, Inc. project. Periodic screening will be conducted in a manner acceptable to normal rehabilitation programs or Owner requirements, whichever is more stringent. This periodic screening will last a minimum of sixty (60) months after job assignment has occurred.
2. Unfit Condition
a. If an employee is observed in an unfit condition, in terms of not being able to perform work in a safe and productive manner, the employee’s supervisor will immediately report this observation the Project Manager and the Owner/Owner Representative. At least one supervisor involved in the determination of the employee’s condition must have training for detecting symptoms of substance abuse. The supervisor and a witness will initiate a search procedure and then escort the employee to an off-site medical facility for alcohol/drug screening using a Jay Dee Contractors, Inc. supplied test kit with analysis performed by an approved laboratory. If the employee refuses screening, he will be advised that failure to cooperate will result in removal from the job site. If the employee cooperates, at the conclusion of the screening the employee will be advised they will not be allowed back on the job-site pending the outcome of the test results. Transportation arrangements will be made for the employee if required.
b. Should the results of the screen prove positive, the employee will be suspended from the job site and offered enrollment in a substance abuse rehabilitation program. Disciplinary action will be administered based on the results of a complete investigation by the designated Project Safety Representative. Reinstatement will occur only upon successfully passing a follow-up screen.
3. Incident on Duty
a. When an employee becomes involved in an incident affecting person or property while performing on the job, the Project Manager will determine whether or not alcohol/drug screening is appropriate.
b. If any employee is injured, unconscious or otherwise unable to consent to the alcohol/drug screen, all necessary steps shall be taken to obtain a valid test sample as soon as consent can be obtained.
c. Any employee involved in an incident who refuses medical screening will be advised that failure to cooperate will result in the removal of the employee from the work site.
d. If the employee cooperates, at the conclusion of the medical screening, the employee will be advised that they will be excluded from the job site pending the outcome of the test results.
e. Should the results of the screen prove positive, the employee will be suspended from the job site and offered enrollment in a substance abuse rehabilitation program. Disciplinary action will be administered based on the results of a compete investigation by the designated Project Safety Representative. Reinstatement will occur only upon successfully passing a follow-up screen.
4. Reasonable Suspicion
a. Screening will be conducted when Project Management believes or suspects there may be an alcohol or drug-related problem as it pertains to job performance, including but not limited to, productivity, deteriorating performance, safety or attendance. Prior to any action under this provision, the employee’s supervisor should immediately report the observation(s) or suspicions to his/her supervisors. At least one the supervisors involved in the decision to test must have received training for detecting symptoms of substance abuse.
b. Any employee involved in an incident who refuses medical screening will be advised that failure to cooperate will result in the removal of the employee from the work site.
c. If the employee cooperates, at the conclusion of the medical screening, the employee will be advised that they will be excluded from the job site pending the outcome of the test results.
d. Should the results of the screen prove positive, the employee will be suspended from the job site and offered enrollment in a substance abuse rehabilitation program. Disciplinary action will be administered based on the results of a complete investigation by the designated Project safety Representative. Reinstatement will occur only upon successfully passing a follow-up screen.
5. Random
a. All employees are subject to random screening whenever employment by Jay Dee Contractors, Inc. exceeds a cumulative total of 30 days or more per calendar year. Screening will be administered on a random selection and date basis at an annualized rate of fifty (50) percent of covered employees. The program will random select employees and a screening date from all covered employees all and possible test days. The names and date of the scheduled screening will be held confidential by Management until the day of the actual screening.
b. Any employee refusing to be screened will be reminded of the random nature of the screen, the business reasons for the screen, and that should the employee continue to refuse to cooperate with the procedures, his/her actions will be interpreted by Management as a positive test. Employees who continue to refuse to cooperate with the program will be advised they are no longer allowed to be assigned to any Jay Dee Contractors, Inc. project.
c. Employees who participate in random screening will not be excluded from Jay Dee Contractors, Inc. job site pending the outcome of the test results. If test results are negative, no further action will be taken.
d. Should the results of the screen prove positive, the employee will be suspended from the job site and offered enrollment in a substance abuse rehabilitation program. Disciplinary action will be administered based on the results of a complete investigation by the designated Project Safety Representative. Reinstatement will occur only upon successfully passing a follow-up screen.
TABLE 1
JAY DEE CONTRACTORS, INC.
ACTION CUT-OFF LEVELS FOR POSITIVE SCREEN – URINE
PDLA
| EIA | GC/MS | |
| Alcohol | 50 mg/dl | 10* mg/dl |
| Amphetamines | 300 ng/ml | 100 ng/ml |
| Antidepressants | 300 ng/ml | 200 ng/ml |
| Barbiturates | 300 ng/ml | 100 ng/ml |
| Benzodiazepines | 300 ng/ml | 100 ng/ml |
| Cannabinoids | 50 ng/ml | 15 ng/ml |
| Cocaine | 300 ng/ml | 50 ng/ml |
| Methadone | 300 ng/ml | 300 ng/ml |
| Methaqualone | 300 ng/ml | 50 ng/ml |
| Opiates | 300 ng/ml | 100 ng/ml |
| Phencyclidine (PCP) | 25 ng/ml | 10 ng/ml |
| Propoxyphene | 300 ng/ml | 100 ng/ml |
* Alcohol confirmed by GC
Note: These test levels are subject to change without notice. This is not a complete list of all drugs that may be tested.
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