CISCO Joint Labor-Management Uniform Drug & Alcohol
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The following labor union contract language was developed
by a joint team of union contractors and building trade unions
I. POLICY STATEMENT
The policies recognize the problems created by drug and alcohol
abuse and the need to develop prevention and treatment programs.
(Company name) and the signatory unions have a commitment
to protect people and property, and to provide a safe working
environment. the purpose of the following program is to establish
and maintain a drug free, alcohol free, safe, healthy work
environment for all of its employees.
A. Company Premises
The term “Company Premises” as used in this policy includes
all property, facilities, land, buildings, structures, automobiles,
trucks and other vehicles owned, leased or used by the company.
Construction job sites for which the company has responsibility
B. Prohibited Items & Substances
Prohibited substances include illegal drugs (including controlled
substances, look alike drugs and designer drugs), alcoholic
beverages, and drug paraphernalia in the possession of, or
being used by, an employee on the job.
Individuals, who perform work for (Company name), including,
but not limited to, management, supervision, engineering,
craft workers and clerical personnel.
Any event resulting in injury to a person or property to which
an employee or contractor/contractors employee, contributed
as direct or indirect cause.
An event which has all the attributes of an accident, except
that no harm was caused to person or property.
F. Reasonable Cause
Reasonable cause shall be defined as tardiness, excessive
absenteeism, and erratic behavior such as noticeable imbalance,
incoherence, and disorientation.
A. All parties to this policy and program have only
the interests of employees in mind, therefore, encourage any
employee with a substance abuse problem to come forward and
voluntarily accept our assistance in dealing with the illness.
An employee assistance program will provide guidance and direction
for you during your recovery period. If you volunteer for
help, the company will make every reasonable effort to return
you to work upon your recovery. The company will also take
action to assure that your illness is handled in a confidential
B. All actions taken under this policy and program
will be confidential and disclosed only to those with a “need
C. When a test is required, the specimen will be identified
by a code number, and not by name, to insure confidentiality
of the donor. Each specimen container will be properly labeled
and made tamper-proof. The donor must witness this procedure.
D. Unless an initial positive result is confirmed as
positive, it shall be deemed negative and reported by the
laboratory as such.
E. The handling and transportation of each specimen
will be properly documented through the strict chain of custody
IV. RULES – DISCIPLINARY ACTIONS – GRIEVANCE PROCEDURES
A. Rules – all employees must report to work in a physical
condition that will enable them to perform their jobs in a
safe and efficient manner. Employees shall not:
- Use, possess, dispense or receive substances on or at
the job site; or
- Report to work with any measurable amount of prohibited
substances in their system.
B. Discipline – when the company has reasonable cause
to believe an employee is under the influence of a prohibited
substance, for reasons of safety, the employee may be suspended
until test results are available. If no test results are received
after three (3) working days, the employee, if available, shall
be returned to work with back pay. If the test results prove
negative, the employee shall be reinstated with back pay. In
all other cases:
- Applicants testing positive for drug use will not be hired.
- Employees who have not voluntarily come forward, and who
test positive for drug use, will be terminated.
- Employees who refuse to cooperate with testing procedures
will be terminated.
- Employees found in possession of drugs or drug paraphernalia
will be terminated.
- Employees found selling or distributing drugs will be
- Employees found under the influence of alcohol while on
duty, or while operating a company vehicle, will be subject
C. Prescription Drugs – employees using a prescribed
medication which may impair performance of job duties, either
mental or motor functions, must immediately inform their supervisor
of such prescription drug use. For the safety of all employees,
the company will consult with you and your physician to determine
if a re-assignment of duties is necessary. The company will
attempt to accommodate your needs by making an appropriate
re-assignment. However, if a re-assignment is not possible,
you will be placed on temporary medical leave until released
as fit for duty by the prescribing physician.
D. Grievance – all aspects of this policy and program
shall be subject to the grievance procedure of the applicable
collective bargaining agreements.
V. DRUG/ALCOHOL TESTING
The parties to this policy and program agree that under certain
circumstances, the company will find it necessary to conduct
drug and alcohol testing. While “random” testing is not necessary
for the proper operation of this policy and program, it may
be necessary to require testing under the following conditions:
A. A pre-employment drug and alcohol test may be administered
to all applicants for employment.
B. A test may be administered in the event a supervisor
has a reasonable cause to believe that the employee has reported
to work under the influence, or is or has been under the influence
while on the job; or has violated this drug policy. During
the process of establishing reasonable cause for testing,
the employee has the right to request his on-site representative
to be present;
C. Testing may be required if an employee is involved
in a workplace accident/incident or if there is a workplace
D. Testing may be required as part of a follow-up to
counseling or rehabilitation for substance abuse, for up to
a one (1) year period;
E. Employees may also be tested on a voluntary basis.
Each employee will be required to sign a consent and chain
of custody form, assuring proper documentation and accuracy.
If an employee refuses to sign a consent form authorizing
the test, on going employment by the company will be terminated.
Drug testing will be conducted by an independent accredited
laboratory (National Institute on Drug Abuse and/or College
of American Pathology), and may consist of either blood or
urine tests, or both, as required. Blood tests will be utilized
for post accident investigations only.
The company will bear the cost of all testing procedures.
VI. REHABILITATION AND EMPLOYEE ASSISTANCE PROGRAM
Employees are encouraged to seek help for a drug or alcohol
problem before it deteriorates into a disciplinary matter.
If an employee voluntarily notifies supervision that he or
she may have a substance abuse problem, the company will assist
in locating a suitable employee assistance program for treatment,
and will counsel the employee regarding medical benefits available
under the company or union health & welfare/insurance
If treatment necessitates time away from work, the company
shall provide for the employee an unpaid leave of absence
for purposes of participation in an agreed upon treatment
program. An employee who successfully completes a rehabilitation
program shall be reinstated to his/her former employment status,
if work for which he/she is qualified exists.
Employees returning to work after successfully completing
the rehabilitation program will be subject to drug tests without
prior notice for a period of up to one (1) year. A positive
test will then result in disciplinary action as previously
outlined in this policy and program.