Sample Impairment and Drug Testing Policy
The following is not legal advice and will not be appropriate for all companies or all states. This is provided for informational use only. Please consult an attorney or drug testing policy professional to develop your policy. If you would like recommendations, please contact us!
Impairment and Drug Use in the Workplace Policy
Adopted [Date]
I. Introduction
[Company Name] is committed to maintaining a safe and productive work environment free from the influence of drugs and alcohol. This policy outlines the procedures for impairment and drug testing of employees and applicants and is designed to be applied consistently and fairly across all levels of the organization.
II. Scope
This policy applies to all employees, regardless of position, seniority, or location. It also applies to job applicants who have received a conditional offer of employment.
III. Prohibited Substances
The use, possession, sale, or distribution of psychoactive drugs (legal or illegal) or alcohol on company premises, while operating company equipment, or during work hours is strictly prohibited. This includes controlled substances, prescription drugs without a valid prescription, and any substance that impairs or may impair job performance or safety.
Permitted Use of Legal Substances
[Company Name] recognizes that individuals may choose to use legal impairing substances during their personal time. This right is respected, provided that such use does not impair an employee's ability to perform their job duties safely and effectively. Employees are reminded that the presence of a legal substance may still raise suspicions of impairment if accompanied by changes in behavior, performance, or appearance. If an employee has concerns about potential interaction between prescribed medication and job performance, they should proactively discuss it with their supervisor or the Employee Assistance Program.
Employees prescribed medication that could impact alertness or safety (e.g., certain pain medications) must discuss this with the company's Medical Review Officer (MRO) before using it on the job, even as prescribed. The MRO will assess the potential risks and provide guidance on safe use or alternative arrangements as needed.
IV. Testing Circumstances
Pre-employment: Applicants who receive a conditional offer of employment may be required to undergo an impairment screening and/or drug test before their start date.
Reasonable Suspicion: Supervisors and managers who have a reasonable suspicion that an employee is under the influence of drugs or alcohol at work may refer the employee for impairment and/or drug testing. Examples of reasonable suspicion may include:
Observed impairment impacting job performance or safety
Altered appearance or behavior
Odor of alcohol or drugs
Positive report from a colleague or customer
Post-Incident: Employees involved in accidents, near misses, and other incidents may be required to undergo impairment and/or drug testing based on the severity of the incident.
Random Testing: [Company Name] reserves the right to randomly select employees for impairment and/or drug testing, in accordance with applicable laws and regulations.
Additional Screening for Safety-Sensitive Roles
Due to the critical nature of their responsibilities, employees in safety-sensitive roles may be subject to additional drug and alcohol impairment and/or drug screening. These measures may include pre-employment, random, and post-incident testing, as well as more frequent reasonable suspicion testing based on the specific risks associated with the role.
V. Reasonable Suspicion Training:
Supervisors and managers will receive regular training on identifying signs of impairment and the proper procedures for reporting suspected cases. This training will be provided by qualified professionals and will include the use of Gaize Impairment Detection Technology.
VI. Impairment Detection Technology:
Gaize Impairment Detection Technology will be used as a preliminary tool to screen for fitness for duty in accordance with this policy. This technology analyzes eye movement and pupil reaction metrics to provide objective data regarding potential impairment. Results from Gaize alone will not be considered conclusive proof of violation of this policy, and cases of presumptive impairment shall be confirmed using an oral fluid drug test, or other lab-based drug test.
VII. Testing Procedures:
All drug testing will be conducted by trained and qualified personnel in accordance with applicable laws and regulations. Employees will be treated with respect and privacy throughout the testing process.
Confirmatory Testing:
In the event of a positive Gaize impairment screening assessment, employees will be required to undergo a confirmatory oral fluid or other lab-based drug testing to confirm the presence of prohibited substances. The confirmatory test will be conducted qualified personnel and will follow established chain-of-custody procedures.
VIII. Consequences of a Positive Drug Test:
A positive Gaize impairment test and/or a confirmed positive drug test will result in disciplinary action, up to and including termination of employment. The specific consequences will depend on the circumstances of the case and the employee's disciplinary history. The employee may, at the sole discretion of Company leadership, be referred to the Employee Assistance Program (EAP) and be subject to return to work requirements.
IX. Employee Assistance Program:
[Company Name] recognizes that drug and alcohol addiction are serious issues. Employees who test positive for drugs or alcohol may be offered confidential support and referral to an Employee Assistance Program (EAP). The EAP can provide third party counseling, rehabilitation services, and other resources to help employees overcome addiction and regain their health. Employees may also face disciplinary action and return to work requirements.
X. Privacy:
[Company Name] is committed to protecting the privacy of all employees. All information related to drug testing will be kept confidential and will only be used for the legitimate purposes outlined in this policy.
XI. Non-Discrimination:
This policy will be applied in a non-discriminatory manner to all employees and applicants.
XII. Review and Updates:
This policy will be reviewed and updated periodically to reflect changes in applicable laws, regulations, and best practices.
XIII. Employee Acknowledgement:
All employees will be required to acknowledge receipt and understanding of this policy.
