Drug and Alcohol Policy

Purpose

To promote a safe and productive working environment and prevent accidents, injuries, and property damage that may result from inappropriate drug or alcohol use.

As used in this policy, “drugs” refers to all controlled substances and medication containing controlled substances, including “designed drugs” not approved for use by the U. S. Food and Drug Administration.  “Drugs” also applies to prescription and over-the-counter mediation, as stated in the “Prescribed Mediations” section of this Policy.

Prohibited Conduct 

Any employee of a school certified by the DMV who engages in any the following conduct will be in violation of school policy, and will be subject to discipline up to and including termination of employment:

  • Working, reporting to work, or returning to work following breaks or meal periods with any amount of drugs or alcohol in your system, or testing positive under this policy. “Testing positive” means a confirmed test result of any detectable level.
  • Consuming, manufacturing, buying, selling, distributing or possessing drugs or alcohol on company premises or while off the premises doing company work or operating a motor vehicle on behalf of the company. This rule applies regardless of whether you are on paid time.  “Company premises” includes all property rented, leased, owned or controlled by the company, including parking lots and adjacent areas.  It also includes Company equipment and vehicles on or off our property.
  • Failing to fully cooperate with any aspect of the company’s enforcement of this policy, including but not limited to refusing to promptly submit to required testing; giving false, diluted or altered urine samples and failure to comply with rehabilitation conditions imposed by the company or rehabilitation counselors.
  • Failure to promptly report conviction, arrest or plea bargaining for an alcohol or drug related criminal offense. All drug and alcohol related convictions, arrests and plea bargaining arrangements must be promptly reported to drive@1stLearnToDrive.com .  This obligation to disclose applies to all convictions, arrests or plea bargains that occur after the effective date of this Policy.

In addition to the above, employees must comply at all times with all federal and state statutes and regulations regarding alcohol and the illegal use of drugs.  For example, Marijuana is a Schedule I drug under the Federal Controlled Substances Act, which means that it has no acceptance medical use under federal law.  Therefore, any on or off-duty use of marijuana by an employee will be considered a violation of this policy, even if the employee has a doctor’s prescription under the Oregon Medical Marijuana Program.

Mandatory Testing: 

  • Pre-Employment Testing

Applicants for positions with the company may be required to undergo urine testing for drugs as a condition of employment.  Pre-employment drug testing will be conducted after an applicant has been given a conditional job offer and before the applicant starts working.  A positive drug test reported to the company will result in denial of employment.  Failure to promptly submit to the required testing, providing a diluted or otherwise altered specimen or other lack of cooperation with the company’s enforcement of this policy will also result in denial of employment.

  • Random Testing

The company reserves the right to require all employees, a percentage of all employees, or all employees in particular job positions or locations to submit to suspicionless testing without advance notice.  The company will use a random selection process so that all employees within the pool have an equal chance to be selected for testing.  Employees as instructed, and without any delay or detour.

  • Reasonable Suspicion Testing

An employee will be required to immediately submit to alcohol and drug testing whenever the company reasonably suspects that the employee has drugs or alcohol in their system, or has used drugs or alcohol before reporting to work or returning from breaks.  Blood will be used to test for alcohol, and urine or blood will be used to test for drugs.

Employees who are required to submit to reasonable suspicion testing are prohibited from transporting themselves to the collection site.  A management employee will provide transportation and will arrange for the employee to be taken home after testing.

  • Post Accident Testing

Any employee who is involved in any accident that results in bodily injury to anyone, or significant property damage will be subject to immediate testing for the detection of drugs and alcohol upon demand by the company.  The company will determine whether property damage is “significant”.

For employees who are injured, our first concern will, of course, be medical treatment.  However, all such employee will be required to authorize the release of medical records to reveal whether drugs were in their system upon the company’s request.   Refusal to submit to any of the above tests or otherwise cooperate in company investigations and enforcement of this policy will subject an employee to discipline, including discharge.

Searches

When the company has reasonable suspicion that an employee is in possession of drugs or alcohol on company premises, as defined above, or during working time, all personal items including packages, bags, and lunch boxes are subject to search.  The right to search extents to personal vehicles parked on company premises including parking lots.  Furthermore, all desks, lockers, equipment, and company vehicles remain the property of the company and will be subject to search at the company’s discretion.  No one shall be forcibly searched or detained, and reasonable efforts will be made to respect employee privacy.

All drugs or drug paraphernalia found in or on company property will be released to a law enforcement agency.

Safeguards

The Company recognizes the sensitivity of enforcement of this policy.  The Company will use qualified supervisory personnel and make arrangements with a certified laboratory to administer this policy.

As stated above, the detectable presence of any drug or alcohol in the system will constitute a “positive” test results.  All positive test results will be confirmed using the GCMS testing method.  Employees who wish to challenge a positive test result are required to notify drive@1stlearntodrive.com  of this as soon as possible, but no later than 10 days after notification of the test result.  Employees may elect to have the same sample re-tested at their own expense.  Test results and other information concerning drug and alcohol investigations will be treated confidentially and released only when there is a need-to-know or as required by law.

Prescribed Mediation

An employee who uses a prescription or over-the-counter medication is responsible for consulting with his or her doctor to determine whether there are any effects that could affect the employee’s ability to safely and competently perform the job duties.  If there are any such side effects, the employee must notify his or her supervisor prior to reporting for work with the prescription or over-the counter mediation in his or her system.  Medical verification of the ability to safely perform job duties may be required before the employee is allowed to continue his or her work assignment.  The employee need not disclose the medical condition for which the medication is being taken.  As stated above, the use of marijuana under Oregon’s Medical Marijuana Program is unlawful under federal law and is consider a violation of this policy.

Although the legal use of prescription or over-the-counter medications is not grounds for disciplinary action by itself, failure to follow the reporting procedure discussed above will subject an employee to disciplinary action.  Employees may also be displined for using mediation that is illegally obtained, or for use that is inconsistent with the prescription or label.

Rehabilitation Assistance

Employees who believe they may have substance abuse problems are encouraged to contact www.altamirarecovery.com/portland-or-drug-treatment-centers .  In the alternative, employees may contact the company owner for confidential assistance.  Although the company will support treatment efforts for employees with substance abuse problems who voluntarily seek assistance, it is up to each employee to pursue treatment before the substance abuse results in unsatisfactory performance or attendance, safety violations, or testing positive under this policy.

When an employee voluntarily reports a current substance abuse program and seeks assistance, that employee will be placed on a leave of absence to allow for evaluation by a qualified Substance Abuse Professional and/or rehabilitation treatment.  The employee will not be permitted to work until such time as a Substance Abuse Professional approval by the company certifies that the employee has controlled the problem and is able to safely perform the job assignment.  The employee will also be required to comply with any additional requirements imposed on the employee or the company by law.  The time an employee is off work for evaluation and/or treatment is unpaid.

In order to continue working for the Company, an employee who admits to a current substance abuse problem will be required to enter into Rehabilitation and Return to Work Agreement with the company.  If the employee tests positive or otherwise violate this policy before seeking assistance for a substance abuse problem the company may, at its discretion, allow the employee to enter into a Rehabilitation and Return to Work agreement in lieu of discharge.

The company’s decision will be based on all of the surrounding circumstances, including the nature of the violation, the employee’s length of service, and overall disciplinary record.  A Rehabilitation and Return to Work Agreement may be provided, among other things that the employee is subject to unannounced suspicionless testing for a period of time after returning to work, as recommended by the Substance Abuse Provider or required by the company.

 

 

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