Drug Policy
Objective
Illegal drugs and other controlled substances have become serious threats to the safety and productivity of employees in this county. One indication of the magnitude of the threat is legislation enacted by Congress known as the Drug-Free Workplace Act of 1998. That statute places requirement on employers doing business with the government and is intended to aid them in maintaining a work place free of drugs.
(For government contractors subject to the Drug-Free Workplace Act of 1988):
J&J’s Boat Services, LLC is subject to that ACT and, moreover, has as one of its objectives that elimination of illegal drugs and other controlled substances in the work place because of the risks to safety, security, and health that are caused by those substances.
(For employer not subject to the Drug-Free Workplace Act of 1988):
J&J’s Boat Services, LLC likewise has as one of its objectives the elimination of illegal drugs in the work place because of the risks of safety, security, and health that are caused by those substances, not only to employee but also to innocent coworkers, customers, families of employees, and members of the public.
Policy
(For employers subject to the Drug-Free Workplace Act of 1988):
In compliance with the Drug-Free Workplace Act of 1988, and in furtherance of its objective of having safe and productive work places throughout, J&J’s Boat Services, LLC adopts the following Drug Policy consisting for three components, as follows: (1) Drug-Free Awareness Program; (2) Company Rules and Discipline; (3) Testing of Applicants and Employees.
(For employers not subject to the Drug-Free Workplace Act of 1988):
The J&J’s Boat Services, LLC Drug Policy consists of four components, as follows: (1) Drug-Free Awareness Program; (2) Company Rules and Discipline; (3) Testing for Illegal Drugs.
Company Rules and Discipline
Any employee who manufactures, distributes, or dispenses any illegal drug or controlled substance at any place or location, or any employee who uses, conceals, or possesses any illegal drug or controlled substance except for lawfully prescribed substance at any place or location, will be subject to discharge, without advance notice or other warning, in accordance with the principle of employment-at-will.
It is a condition of employment for all employees to submit to searches of their persons, work areas, company vehicles, lockers, personal property (such as clothing, lunch boxes, handbags, and luggage), and personal vehicles for the presence of illegal drugs or other controlled substances while at work, or on J&J’s Boat Services, LLC control. Search may be conducted in the manner and under such circumstances as J&J’s Boat Services, LLC may direct when the company suspects, in the exercise of its discretion, that an employee is possessing or is under the influence of any illegal drugs or controlled substances.
It also is a condition of employment for all employees to submit to blood and urine test for determining the presence of illegal drugs and controlled substances under the circumstances and for the reasons stated under the heading entitled A Testing of Applicants and Employees, unless otherwise Proscribed by law.
Refusal to consent to, or failure to cooperate in, a search or test, as described above and as direct by J&J’s Boat Services, LLC, will result in the employee being discharged, without advance notice or other warning, in accordance with the principles of employment-at-will.
Testing of Applicants and Employees
1. All applicants are required to submit to J&J’s Boat Services, LLC designated drug tests before being employed. Applicants who refuse to take such test, refuse or fail to cooperate in their administration, test positive, or who attempt to alter, conceal, or compromise test results, will not be given further consideration for employment.
2. It is a condition of employment that employees may be required to submit to J&J’s Boat Services, LLC approved drug test under circumstances that include the following:
a. As part of company-mandated physical examinations;
b. As part of physical examinations mandated by the United State Department of Transportation;
c. Incident to investigations of accidents resulting in bodily injury or property damage;
d. Where, in J&J’s Boat Services, LLC discretion, drug involvement is suspected, such as:
a.i. Observed Drug use;
a.ii. Arrest or conviction for involvement with illegal drugs or other controlled substances;
a.iii. Abnormal, or erratic, behavior or changes in the employee’s work performance or attendance;
a.iv. Where there is information satisfactory to J&J’s Boat Services, LLC in its discretion that an employee has caused or contributed to an accident at work where illegal drugs or controlled substances may have been consumed or otherwise were present;
a.v. Where there is information satisfactory to J&J’s Boat Services, LLC that an employee has been or is manufacturing, distributing, dispensing, using concealing, possessing, or under the influence of any illegal drug or controlled substance on property owned or controlled by J&J’s Boat Services, LLC, in company vehicles, or while off the premises performing work for J&J’s Boat Services, LLC;
e. On a periodic or random basis, as directed by J&J’s Boat Services, LLC; and
f. Random or periodic follow-up testing for all employees who have participated in the rehabilitation program described below.
Employee/Contractor of J&J’s Boat Services, LLC has read and understands the document/procedures before them.