Alcohol And Drug Policy And Testing Procedures

1. PURPOSE

D.L. HANNON INC. is committed to a drug and alcohol free workplace. In order to ensure the safety of its employees and the general public, as well as to comply with provincial and federal laws, D.L. HANNON INC. has adopted this employment policy.

D.L. HANNON INC. takes pride in its employees who perform critical duties in a truly effective manner with safety foremost in their minds. This policy strengthens our commitment to a safe workplace.

2. PROGRAM ADMINISTRATOR

The Program Administrator is responsible for answering questions from employees or the public in general. The Program Administrator will maintain the confidentiality of all information relating to drug and alcohol testing. The Program Administrator will provide such information as necessary to enable the appropriate supervisor to take the appropriate action to ensure compliance with this policy. D.L. HANNON INC. Management is responsible as the Program Administrator.

3. SCOPE OF POLICY

This policy applies to all regular full-time, part-time, seasonal, on-call and temporary employees. All covered employees shall receive a copy of this policy.

4. COMPLIANCE WITH REGULATIONS

All employees subject to alcohol and drug testing must be in compliance with this policy at all times while working for D.L. HANNON INC.

D.L. HANNON INC. will not provide or pay for tests, evaluation or rehabilitation for independent contractors or their employees.

5. SEVERABILITY

In the event that a Court finds that any provision of this policy is void or unenforceable, the remaining provisions shall continue in full force and effect.

6. SUBSTANCES TESTED

When drug and alcohol screening is required by this policy, a breath test and/or urine test will be given to detect the following:

  • 1) Alcohol; (see Section 10, Alcohol Testing, for alcohol positive levels)
  • 2) Marijuana;
  • 3) Cocaine;
  • 4) Amphetamines;
  • 5) Phencyclidine (PCP);
  • 6) Opiates.

    Positive Levels:

    Drug

     

    Initial Test (Screen)

    Levels (ng/ml)*GC/MS)

    Confirmation Test

    Levels(ng/ml)*

    Marijuana

    50

    15

    Cocaine

    300

    150

    Amphetamines

    1000

    500

    Methamphetamine

     

    500

    Phencyclidine (PCP)

    25

    25

    Opiates

    2000

     

    Morphine

     

    2000

    Codeine

     

    2000

    * A ng/ml means nanograms per millilitre. A nanogram is one billionth of a gram. A
    millilitre is one thousandth of a litre.

    7. PRESCRIPTION DRUG USE

    Employees covered by this policy may use prescription drugs and "over the counter" medications provided that:

  • 1) The prescription drugs or their generic equivalent have been prescribed to the employee within the past 12 months by an authorized medical practitioner;

  • 2) The employee does not consume prescribed drugs more often than as prescribed by the employee's physician;

  • 3) Any employee who has been informed that the medication could cause adverse side effects while working shall inform his/her supervisor prior to using these substances. D.L. HANNON INC. at all times reserves the right to have a licensed physician determine if use of a prescription drug or medication by an employee produces an adverse effect. If such a finding is made, D.L. HANNON INC. may notify the employee's doctor (with employee's permission) to determine if other medications are available which would not seriously affect the employee's ability to work safely. If an appropriate substitute medication is not available, D.L. HANNON INC. may limit or suspend the employee's work activities to non-safety sensitive duties.
  • 8. TESTS REQUIRED

    All employees subject to this policy shall be tested for alcohol and/or controlled substances in the following circumstances:

  • 1) Post-accident. As soon as is practicable after an accident, the employee shall be tested for alcohol and drugs if: (a) the accident involved the loss of human life; or (b) any employee was injured in the accident.

  • 2) Reasonable suspicion. All employees who exhibit to a trained supervisor signs and symptoms of alcohol and/or drug abuse while on the job, prior to reporting to work, or just after work will be required to submit to an alcohol and/or drug test. The supervisor shall document the specific facts, symptoms or observations by completing a "Reasonable Suspicion Record" form.
  • NOTE: Do not allow an employee to drive him/herself to the testing facility for a reasonable suspicion test. Instead, the supervisor or another employee should provide transportation to the testing facility.

    3) Return-to-duty. An employee who engaged in conduct prohibited by Section 11 must submit to an alcohol test and drug test to return to duty. The results of a drug test must be negative to return to duty, and the results of an alcohol test must be less than 0.02 to return to duty

    4) Follow-up. An employee who previously tested positive and has returned to duty must submit to a combination of at least six (6) alcohol and drug tests during the first year after returning to work. Follow-up tests will be unannounced and may continue for up to sixty (60) months after returning to work, not to exceed twelve (12) a year.

    9. REFUSAL TO TEST

    Under D.L. HANNON INC. Alcohol and Drug Policy, refusal to an alcohol or drug test would include refusal to be tested, failure to cooperate with the collection process, failure to complete and sign the certification on the alcohol or drug testing form and failure to remain readily available for testing following an accident. Individuals would also be determined to have refused to submit to a test if a licensed physician is unable to determine that a medical condition has, or with a high degree of probability could have, precluded the employee from providing an adequate amount of breath; or provide a sufficient quantity of urine for a drug test; if they fail to attend the assessment; and if they refuse to allow the results to be reported to the company Program Administrator.

    10. TESTING PROCEDURES

    Drug Testing:

    Drug testing is accomplished by analyzing the employee's urine specimen (Urinalysis). Specimens will be collected by a certified testing company selected by D.L. HANNON INC.

    All urinalysis procedures are required to include split-specimen techniques. Each urine sample is sub-divided into two containers and labelled as primary and split specimens. Both specimens are forwarded to the laboratory. Only the primary specimen is used in the urinalysis. In the event of a confirmed positive test result, the split specimen may be used for a second confirmation test if requested by the employee.

    During testing, an initial screening test is performed. If the test is positive for one or more drugs, a confirmation test will be performed for each individual drug using gas chromatography/mass spectrometry (GC/MS) analysis. This test ensures that over the counter medications are not reported as positive results.

    If the analysis of the primary specimen results in a confirmed positive test, the employee may, within 72 hours, request that the split specimen also be tested at a certified laboratory of his choice. The second test is at the employee's expense.

    All test results are reviewed by a Medical Review Officer (MRO) prior to results being reported to D.L. HANNON INC. In the event of a positive test result, the MRO will first attempt to contact the employee and conduct an interview to determine if there are any alternative legitimate reasons for the positive results (such as over-the-counter or prescription medications). If the MRO determines there is a legitimate medical explanation for the presence of drugs, the result will be reported as negative. If the MRO is unable to contact the employee, then the employer will be contacted and requested to advise the employee to contact the MRO.

    Urine specimens will be collected by a certified/authorized agent of the testing facility under highly controlled conditions, who will ensure privacy during collection, security, and integrity of the sample. Chain of custody documentation will follow the sample throughout the process, noting everyone who handles it (with every effort made to minimize the number of persons handling specimens). Collection is normally not observed. An applicant or employee may waive the right to privacy and provide the urine sample in the presence of a witness (of the same gender) and not be required to disrobe and wear a hospital gown. Procedures to minimize the possibility of tampering with or diluting the sample will be followed, and a temperature strip on the collection cup will be checked to confirm normal human body temperature of the sample. The custody and control form will be completed and signed by the donor and collector, and the sample(s) secured for transportation to a laboratory, (certified in accordance with DHHS guidelines or equivalent guidelines), with the lab's copy of the custody and control form, which ensures the donor is not identified to the lab. The donor will keep a copy for his/her records, and the Medical Review Officer (MRO) will receive a copy in case contact with the donor or collector is required.

    Alcohol Testing:

    Alcohol testing will be conducted using an Evidential Breath Testing (EBT) device, or, when a breath analyzer is not immediately available, by Urine Alcohol Testing Procedures. Specimens will be collected by a certified testing company selected by D.L. HANNON INC.

    Alcohol testing conducted using an Evidential Breath Testing (EBT) device, must be performed by a certified Breath Alcohol Technician (BAT) trained in the use of EBT and alcohol testing procedures. Under certain circumstances, post-accident tests conducted by law enforcement personnel or edictal personnel will be acceptable.

    Two (2) breath tests are required to determine if an individual is over the alcohol concentration limit permitted. Any result of less than 0.02 concentration is considered a negative result. Any result of 0.02 or greater requires a confirmation test. A confirmed test of 0.02 or greater is considered a positive result.

    In situations when a breath analyzer is not immediately available for sample collection, a urine sample will be collected for analysis at a certified laboratory. This collection is preceded by a saliva test to screen out negative results. The urine sample will be collected and sealed in the same way as a drug test and forwarded to the laboratory. Urine specimens will be collected by a certified/authorized agent of the testing facility under highly controlled conditions, who will ensure privacy during collection, security, and integrity of the sample. Chain of custody documentation will follow the sample throughout the process, noting everyone who handles it (with every effort made to minimize the number of persons handling specimens). Collection is normally not observed. An applicant or employee may waive the right to privacy and provide the urine sample in the presence of a witness (of the same gender) and not be required to disrobe and wear a hospital gown. Procedures to minimize the possibility of tampering with or diluting the sample will be followed, and a temperature strip on the collection cup will be checked to confirm normal human body temperature of the sample. The custody and control form will be completed and signed by the donor and collector, and the sample(s) secured for transportation to a laboratory, (certified in accordance with DHHS guidelines or equivalent guidelines), with the lab's copy of the custody and control form, which ensures the donor is not identified to the lab. The donor will keep a copy for his/her records, and the Medical Review Officer (MRO) will receive a copy in case contact with the donor or collector is required.

    Because the concentration of urine is different than blood, appropriate calculations must be done to determine an approximate blood alcohol content equivalent for Company action. Any result of less than 0.02 concentration is considered a negative result. Any result of 0.02 or greater requires a confirmation test. A confirmed test of 0.02 or greater is considered a positive result.

    11. PROHIBITED CONDUCT

    D.L. HANNON INC. employees shall not:

  • 1) Report to work and/or remain on duty with an alcohol concentration of 0.04 or greater;

  • 2) Possess any alcohol while on duty;

  • 3) Use any alcohol while on duty;

  • 4) Use any alcohol within four (4) hours before going on duty;

  • 5) Use any alcohol within eight (8) hours after an accident for which the employee must be tested for alcohol concentration;

  • 6) Refuse to submit to the following alcohol and/or controlled substance tests: post-accident test, reasonable suspicion test, return to duty test, or, follow-up test;

  • 7) Report to or remain on duty when using any controlled substance, except when used under a physician's orders and when the physician has informed the employee in writing that the use will not affect safe work performance. In the case of a written warning by the physician, the employee shall report this to his/her supervisor immediately;

  • 8) Report to or remain on duty if the employee tests positive for controlled substances.
  • Failure to comply with these rules is a violation of this policy and may result in disciplinary action and could result in referral to a substance abuse professional.

    12. ALCOHOL CONCENTRATION OF 0.02 OR GREATER BUT LESS THAN 0.04

    Provided that the employee has not violated Section 10, any employee whose alcohol test results in a concentration of 0.02 or greater but less than 0.04 shall not be permitted to perform any safety sensitive function for at least 24 hours following the test. The employee will not be paid for work-time lost as a result of this section. The employee will not be required to undergo evaluation by a substance abuse professional if the test result is 0.02 or greater but less than 0.04, nor will a return-to-duty test be required unless there is reasonable suspicion that the employee is still under the influence of alcohol or drugs.

    NOTE: This Section applies only in limited situations. For example, if an employee last consumed alcohol more than four (4) hours before work, but still has a blood/alcohol level of 0.03 when he shows up for work, he is not in violation of Section 9, but is subject to this Section.

    13. CONSEQUENCES OF VIOLATION OF THIS POLICY

  • 1) Any employee who violates Sections 11 or 12 of this policy shall be immediately removed from the safety sensitive function and will be advised by D.L. HANNON INC. of the resources available for evaluating and resolving drug and alcohol abuse problems. The employee may be required to be evaluated by a substance abuse professional. All evaluation and rehabilitation shall be at the employee's cost. An employee shall not be allowed to return to the safety sensitive function until he/she has a return-to-duty alcohol test result of less than 0.02 or a return-to-duty drug test with a verified negative result.

  • 2) In addition, any employee who violates Sections 11 and 12 of this policy may be subject to disciplinary action up to and including dismissal. Before discipline, reassignment or dismissal is imposed following a confirmed positive drug test, the employee shall have the opportunity to participate for up to 6 months in a rehabilitation program. The employee is responsible for all costs associated with the rehabilitation program. Factors to be considered in determining the appropriate disciplinary response include, but are not limited to the following: Employee's work history, length of employment, current job performance and existence of past disciplinary actions. Disciplinary action is imposed by D.L. HANNON INC.; federal law does not require it.

  • 3) Further grounds for discipline or dismissal under D.L. HANNON INC. policy include, but are not limited to:

  • a) Refusal to submit to a rehabilitation program after testing positive;
  • b) Failure within six (6) months to successfully complete a rehabilitation program after commencing the program, or failure to pass a return-to-duty drug or alcohol test;
  • c) Evidence that the employee has substituted, adulterated, diluted or otherwise tampered with his/her urine sample;
  • d) Failure to contact a substance abuse professional, if ordered by D.L. HANNON INC., within five (5) regular working days after being notified of a confirmed (MRO certified) positive test for the improper use of alcohol or unauthorized substances.
  • 4) During the period D.L. HANNON INC. is awaiting an employee's test result for a post accident test, reasonable suspicion test, or return-to-duty test, D.L. HANNON INC. reserves the right to place an employee on unpaid suspension to reduce any possible safety hazard. A determination as to whether an employee is placed on paid or unpaid suspension may be based on, but is not limited to: who is responsible for and/or the severity of the accident, if applicable; the observed condition of the employee, if applicable; the employee's work history; length of employment; current job performance and the existence of past disciplinary actions. Action taken by D.L. HANNON INC. under this subsection is a matter of D.L. HANNON INC. policy, and is not imposed by federal law.
  • 14. DOCUMENTS PROVIDED

    D.L. HANNON INC. will provide each person subject to this policy a copy of the policy.

    15. NOTICE AND CONSENT

    Before a drug or alcohol test is administered, employees will be asked to sign a consent form authorizing the test and permitting the release of test results to those officials with a need to know. The chemical screen consent form shall provide space to indicate current or recent use of prescription and over-the-counter medications.

    16. EMPLOYEE/APPLICANT RIGHTS AND RESPONSIBILITIES

  • 1) In the event of a confirmed positive test result, employees and job applicants shall have the opportunity to present an alternative explanation for the test result by contacting the Medical Review Officer (MRO). This shall be done within 72 hours after notification of the confirmed result. No further action will be taken if there is a justified explanation, or there is a reasonable doubt as to the accuracy of the result or chain of custody of the sample.
  • 2) Any employee with a positive test result may upon written request to the Program Administrator have the right to any information relating to the test result and procedures.
  • 3) Upon successfully completing a rehabilitation program within six (6) months after it commences and upon passing a return-to-duty test, the employee is entitled to return to his/her previous job with full pay (but not back pay) and accrued benefits, unless conditions unrelated to the employee's previous test make the employee's return impossible or inappropriate. The rehabilitation or treatment provider in consultation with the Program Administrator shall determine whether the employee has successfully completed participation in the rehabilitation program. D.L. HANNON INC. is not required to hold the employee's job open for more than six (6) months after the employee commences a rehabilitation program. The employee may apply accrued vacation, personal time and sick leave, if any, against any time period where he or she is unavailable for work due to drug abuse rehabilitation.
  • 17. CONFIDENTIALITY OF INFORMATION

    Unless the employee consents, all information acquired by D.L. HANNON INC. in connection with the testing processes is confidential and may not be released to any person other than to the employee who is tested, the Program Administrator, officials with a need to know, and the rehabilitation provider. The foregoing shall not prevent the release of information that is required or permitted by provincial or federal law, or the use of information in any grievance procedure, administrative hearing or lawsuit relating to the imposition of the test or the use of the test results.