One of the Company’s most significant values is that of safety, and our commitment to work together with all employees to ensure that we provide a safe working environment for everyone on our team. As part of that value, we recognize that substance abuse, whatever its form, has the potential to undermine our efforts and poses a threat to the safety and well-being of our employees. As a result, it is vital that we take a strong stand against substance abuse and develop procedures that encourage a drug-free workplace and eliminates substance abuse within the workplace.
Use of Alcohol and Drugs
Employees shall not possess, sell or use alcohol, controlled substances and or illegal drugs while on the job, on Company property or in Company vehicles or machinery. Employees shall not work or report to work under the influence of alcohol, controlled substances or illegal drugs. If an employee is taking a medication prescribed by a physician and is having a reaction to such medication which could affect his or her performance on the job, he or she must immediately report this to his or her supervisor.
Anyone involved in the trafficking of illegal drugs or controlled substances, whether on or off the premises, will be subject to disciplinary action up to and including termination of employment. Trafficking includes the actual sale or distribution of drugs or controlled substances, or possession of a quantity of drugs that is more than would be expected for personal use. Trafficking also includes having in possession illegal drugs or controlled substances that are packaged in a way which indicates an intent to distribute.
Dependency Treatment
Employees are urged to request assistance with any drug or alcohol problem before disciplinary action becomes necessary, and before notification of a random test. If an employee seeks assistance with such a problem from his or her supervisor, that employee will be offered the opportunity to receive treatment or counseling. Any costs of such treatment not covered by Company health insurance or that of a union health insurance policy will be the responsibility of the employee.
The Shelly Company and its subsidiaries will work with individuals who voluntarily report a drug abuse problem. These individuals will be placed on a leave of absence and required to enter a rehabilitation program. After successfully completing a rehabilitation program verified by a substance abuse professional, the individual may return to active employment, subject to periodic substance abuse screening. During the rehabilitation, any available paid vacation and sick time must first be substituted and used for that unpaid medical leave.
All requests for assistance will be handled in a confidential manner.
Testing Procedures
Drug and or alcohol tests will be conducted according to pertinent U.S.D.O.T. rules and regulations as set out in 49CFR Parts 40, 382, 391 and 395. The Shelly Company reserves the right to test any employee, at any time, for any reason.
Tests are required as follows:
- Pre-employment – all candidates for employment must be tested, and a satisfactory result must be received back, prior to their first day of employment with the Company.
- Reasonable suspicion – when there is reasonable suspicion that an employee may be using, possessing, or under the influence of illegal drugs, controlled substances or alcohol at work, that employee will be required to consent to a drug and/or alcohol test immediately.
- Reasonable suspicion may be based upon, but not limited to, physical or behavioral indicators of possible impairment (such as slurred speech, lack of coordination, the odor of alcohol beverages or drugs on an employee, or any other physical or behavioral indicator), or substantiated reports that the employee uses or is under the influence of alcohol or drugs during work.
- Post-accident – drug tests are required in cases where a workplace incident has caused an injury to an employee or damage to a company vehicle or property, unless the employee can be completely discounted as a contributing factor. Post-accident tests will not be conducted if all of the following conditions exist:
- The accident resulted in a minor injury, even when off-site medical attention was required;
- There was no violation of work rules;
- An accident investigation determined there was no reasonable suspicion related to the accident;
- The accident is considered normal in relationship to the job functions of the injured employee.
- Random – the Company conducts random drug testing of employees, including those working under regulations from DOT, USCG, OSHA, MSHA, and BWC. The Company reserves the right to alter the percentage of employees selected for random drug testing, provided it meets or exceeds levels prescribed by law.
- Post-treatment – employees who have returned to work following completion of a substance abuse treatment program will be subject to return-to-duty testing and periodic follow-up substance abuse screening.
Drug Testing Procedures
- Refusal to comply with any part of the testing process will be considered insubordination and could result in the discharge of the employee.
- The Company will select the method and/or location that is most appropriate for sample collection. Whenever possible, testing will be conducted by a certified lab, and reviewed by a certified Medical Review Officer. Instant testing procedures may be used in rare occasions where a certified collection site is unavailable. All alcohol tests will be administered by a Breath Alcohol Technician (BAT). Test results will be treated confidentially and will be distributed within Company management on a need-to-know basis.
Disciplinary Action
Disciplinary action, up to and including termination of employment, will occur in the following instances:
- A drug test that results in a positive finding, adulterated, or substituted.
- An employee refuses to comply with any part of the process.
Employees may appeal action taken by the Company under this policy directly to the Human Resources Department. Any employee whose employment is subject to a Union agreement shall have recourse to the appropriate grievance procedure in the event he/she disagrees with the application of this policy.
Employees Violating the Policy
Any employee violating the Company’s Substance Abuse Policy will be subject to immediate termination. After discharge, the individual may be eligible for reinstatement after one year period elapses from the time of termination if the individual:
- Receives the assistance of a substance abuse professional (SAP).
- Satisfactorily follows the recommendations for treatment of the SAP.
- Agrees with the SAP, the drug treatment agency or individual conducting the drug treatment program to release to the Safety Committee pertinent information concerning the individual’s consultation, treatment, recommendations, and participation in any drug treatment program.
Agrees to follow-up random drug and or alcohol screening for one year in the event the individual is reinstated.
The rehabilitation of an employee discharged as a result of a positive test must be to the satisfaction of the Safety Committee before the individual can be considered for reinstatement by the Company. Nothing in this policy shall be construed to mean The Shelly Company and or its Subsidiaries are anything other than an at will employer.
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