DRUG AND ALCOHOL FREE WORKPLACE

Mains’l supports a workplace that is free from the effects of drugs, alcohol, chemicals, and abuse of prescription medications. This Drug and Alcohol Free Workplace Policy and Procedure is provided to all employees in orientation and is available for employees to view on the portal at any time. 
Behavior Expectations 

• All employees must be free from the abuse of prescription medications or under the influence of a chemical that impairs their ability to perform their job responsibilities. 
• In almost all circumstances, the consumption of alcohol is not allowed while working. Consuming alcohol is never allowed while directly responsible for a person receiving services, in our vehicles, using machinery, or using equipment (owned or leased), and will result in corrective action up to and including termination. 
  • Exceptions to the possession or consumption of alcoholic beverages are allowed only for special events/functions expressly approved by a member of the senior leadership team. However, if you choose to consume alcohol at such events, you must do so responsibly and maintain your obligation to conduct yourself properly and professionally at all times.
• Being under the influence of a controlled substance, alcohol, or illegal drugs in any manner that impairs or could impair an employee’s ability to perform their job, is prohibited and will result in corrective action up to and including termination.
• In almost all circumstances, the use of a controlled substance is not allowed while working. The sale, manufacture, distribution, or possession of a controlled substance while working, while on our property, in our vehicles, using our machinery, or equipment, is never allowed and will result in corrective action up to and including termination.
  • Exceptions to the possession or use of doctor prescribed controlled substances are allowed only for expressly approved by a member of the senior leadership team. 
• Any employee convicted of criminal drug use or activity must notify their supervisor and human resources no later than five (5) days after the conviction. Criminal conviction for the sale of narcotics, illegal drugs or controlled substances will result in corrective action up to and including termination.
• Mains’l will notify the appropriate law enforcement agency when we have reasonable suspicion to believe that an employee may have illegal drugs in his/her possession while on duty during work hours. Where appropriate, we will also notify licensing boards.
• If any employee has reasonable suspicion that any of the situations noted above have occurred, they are required to immediately contact Mains’l as follows:
  • Call the supervisor of the employee who you suspect is not meeting the expectations above.
  • If the supervisor cannot be reached, contact the supervisor’s supervisor or human resources. 
  • If you cannot reach the above parties, contact the on call administrative personnel. 
  • The supervisor and/or the on call administrative personnel notify the director of human resources or the human resource generalist immediately to receive direction about the appropriate next steps and expectations. 

Voluntary Treatment
Mains’l encourages employees who may have a substance abuse problem to seek voluntary treatment. Employees who need assistance may obtain evaluation and/or counseling through the various private and public agencies that are available. The decision to seek diagnosis and accept treatment is the employee's responsibility. When requested, human resources will provide information regarding any available drug counseling, rehabilitation and employee assistance programs that an employee may enter through his or her health insurance.

Costs associated with any treatment or rehabilitation program may be covered by the employee's health insurance. However, costs not covered by the employee's health insurance, and that are not otherwise required to be paid by any applicable plan, are the employee's responsibility.

Requests for leave are handled in accordance with the Mains’l general leave policies and any applicable medical leave or disability discrimination laws. Except as otherwise required by law, Mains’l cannot guarantee that the employee is reinstated to the same or a comparable position upon return to work. 

Employees who voluntarily come forward to request assistance with a substance abuse problem or request a leave of absence to participate in treatment are not subject to disciplinary action for making the request. However, voluntary requests for assistance do not prevent disciplinary action for violations of this or any other policy or performance expectations. Employees may not escape discipline by requesting assistance and/or a leave after being selected for testing or violating this policy or other rules of workplace conduct. Employees who voluntarily seek treatment must still continue to meet all Mains’l job performance expectations and conduct standards. Mains’l may take disciplinary action up to and including termination of an employee who fails to meet our standards.

Drug, Alcohol, or Chemical Testing

• Reasonable Suspicion Testing: To protect against drug, chemical, and alcohol abuse in our workplace, testing may be required. The method of testing shall be determined by Mains’l and the company it uses for drug testing. The testing methods may include, among others, a breath test, saliva test, blood test, and/or urine test. 

Mains’l may test an employee for drugs and alcohol when there is a reasonable suspicion that the employee: 

• Is under the influence of drugs, alcohol or chemicals that may impair their ability to perform their job;
• Has violated rules prohibiting the use, possession, sale or transfer of chemicals, drugs, or alcohol while working, while on Mains’l premises, or while operating Mains’l vehicles or equipment.

It is strongly encouraged that whenever possible, at least two (2) supervisory employees agree that there is reasonable suspicion for a drug test. 

• Treatment Program Testing: Mains’l may require an employee to undergo drug, alcohol, and chemical testing with or without prior notice:
  • If the employee has been referred for chemical dependency treatment or evaluation, 
  • While the employee is participating in a chemical dependency program. 
  • For up to two years following completion of any prescribed chemical dependency treatment program.

Treatment program testing may include a return-to-work duties test to ensure the employee is able to perform their job responsibilities. 

Actions Taken for Positive Test Results 
Employees who receive a positive test result on a drug or alcohol test, refuse to undergo a required chemical, drug and alcohol test, or engage in other conduct that violates this policy are subject to discipline, up to and including termination.
Mains’l will not automatically terminate the employment of an employee for having a positive test result if;

• It is the first time the employee has had a positive test result and,
• The employee is meeting all other performance and conduct expectations with the agency and,
• The employee participates in an appropriate drug and alcohol counseling or rehabilitation program while maintaining employment. The employee is solely responsible for the cost of any such counseling or rehabilitation program, unless otherwise covered by the employee's health insurance plan.

Any employee who refuses to participate in a required drug and alcohol counseling or rehabilitation program, fails to successfully complete the required program, is also not meeting other performance and conduct expectations, or subsequently receives a second positive test result, will face discipline up to and including termination.

When an employee returns to work after a voluntary or required leave of absence, Mains’l attempts to reinstate the employee to his or her former position, if possible, provided the employee is still qualified to properly perform the requirements of the job. However, Mains'l cannot guarantee that the employee can return to the same or a comparable position upon return to work.    

Rights and Protections
Mains’l requires employees to undergo chemical, alcohol, and drug testing in the above circumstances. However, it is important that employees understand that they have the following rights and protections under this Drug and Alcohol Policy:                       

1. Right to Refuse Testing: Employees have the right to refuse to undergo chemical, drug, and alcohol testing. However, failure to undergo testing is treated as a failure to comply with this Policy and may result in termination of employment. A refusal to undergo testing includes attempting to or actually substituting, adulterating, tampering with a specimen or otherwise interfering with the collection or testing process.
2. Opportunity to Explain Positive Test Result: Within three working days after receiving notice of a positive test result on a test, the employee may submit information to the medical review officer (MRO), director of human resources, or human resource generalist  to explain the test result. 
3. Right to a Retest: If an employee receives a positive test result, the employee may request a retest (a second test) of the original sample at the employee’s own expense to confirm the positive test result. If the retest does not confirm the original positive test result, then no action will be taken against the employee based on the original sample. If the employee wishes to exercise this right, then the employee must notify the director of human resources, or human resources generalist in writing within five working days after receiving notice of the positive test result. The employee is responsible for paying the cost of the retest before the test is performed.
4. Right to Receive Test Results: Any employee or applicant has the right to obtain from Mains’l a copy of the test result report on any chemical, drug, or alcohol test. The request must be made in writing and submitted to the director of human resources, or human resource generalist.
5. Confidentiality of Test Results: Unless Mains’l receives the employee’s prior written consent, or as otherwise provided by law, neither Mains’l nor its testing laboratories discloses test result reports and other information acquired in the drug or alcohol testing process:

• to another employer, 
• to any third-party individual, 
• to any government agency,
• to any private organization. 

Evidence of a positive test result on a confirmatory test may be used without the individual's consent in a judicial, administrative, or arbitration proceeding; as required by federal law, regulation, or order; for the purpose of evaluation or treatment of the individual to a substance abuse treatment facility; or as otherwise authorized by law.

6. Access to Employee Medical and Personnel Files: Employees are allowed access to any and all information in the employee’s medical or personnel file relating to 

• positive test results,
• other information acquired in the drug and alcohol testing process, and
• conclusions from and actions taken based on the preceding.

     
Rev. 8/25/2020, HR Policy Team