9.0
Drug and Alcohol Policies
Riverside
has established the following policies regarding drug and/or
alcohol that are based on the following principles:
- Establish and maintain a drug and alcohol-free,
safe, healthful working environment for all staff and consumers.
- Minimize the potential for accidents or injuries
to persons or property.
- Protect and ensure the Organization's reputation
within the community at large.
- Promote appropriate consumers behavior
through staff modeling.
9.1
Definitions
9.1.1
Covered Employees
This
policy applies to all regular and temporary employees including
all supervisors, Program Directors, Division Directors
and other employees. Contract employees working for the
Organization, on or off the premises, are also subject
to this policy, unless a written agreement between the
Organization and an independent contractor provides otherwise.
9.1.2 Legal Drugs
For
the purpose of this policy, legal drugs are defined as
any prescribed drug or over-the-counter drug, which has
been legally obtained and is being used solely for the
purposes for which it was prescribed or manufactured.
9.1.3 Illegal
Drugs
Illegal
drugs are defined as any drug which (a) is not legally
obtainable; (b) may be legally obtainable but has not been
legally obtained; (c) is being used in a manner or for
a purpose other than as prescribed. For the purposes of
this policy, illegal drugs are defined as: any narcotics,
hallucinogens, depressants, stimulants, or other substances
capable of creating or maintaining adverse effects on an
individuals physical, emotional, or mental condition.
Exceptions include medicine prescribed for current medical
treatment by a licensed health professional where the individual
does not intentionally exceed prescribed dosages, or an
over-the-counter medicine used for treatment of health
problems where the package instructions are not intentionally
violated.
9.1.4 Prescription
Drug Use
The
legal use of prescribed drugs is permitted on the job only
if it does not impair an employees ability to perform
the essential functions of the job effectively and in a
safe manner that does not endanger other individuals in
the workplace.
9.1.5 Reasonable
Suspicion
Procedures have been established
to handle situations where employees are suspected of substance
abuse while on Organization premises, whether on or off
duty, or while conducting business-related activities off
Organization premises. Observations which constitute a
factual basis for determining reasonable suspicion may
include, but are not limited to, one or more of the following:
- Observation of drug or alcohol use;
- Erratic behavior (endangerment to consumers,
self, fellow employees, Organization property, or equipment)
or a pattern of conduct that indicates substance abuse;
- A workplace accident which is caused by
the apparent action or inaction of the employee and endangers
the safety of consumers, co-workers or equipment as determined
by the supervisor;
- Conviction for drug- or alcohol-related
offenses while employed by the Organization;
- Observation of possession of alcohol, drugs
or drug paraphernalia at a business-related work site or
on Organization premises;
- Information provided either by a reliable
and credible source or independently corroborated;
- Observation of physical symptoms or other
manifestations which may indicate drug or alcohol use.
9.2
Drug and Alcohol Policy Statement
In keeping with this commitment,
employees are required to report to work in appropriate mental
and physical condition to perform their jobs in a satisfactory
manner. All employees and contract workers must be free from
the effects of illegal drugs, abuse of legal drugs, and alcohol
while working, either on or off Riverside work sites. To
that end, employees may not:
- Consume or use drugs or alcohol in the company
of consumers.
- Report to work with alcohol on their breath.
- Report to work while under the influence of
illegal drugs or alcohol as evidenced by exhibiting obvious
signs of mental or physical impairment.
- Return to their workstations after breaks
or lunch period with alcohol on their breath or under the
influence of illegal drugs.
- Otherwise report to work in a mental or physical
condition which would compromise the health, safety and well-being
of staff and consumers, as determined by their supervisor.
The Organization reserves
the right to utilize every reasonable measure, including
drug and alcohol testing, to insure the safety of workers,
consumers and other individuals. It is a condition of employment
that all employees abide by this policy. Violators will be
subject to disciplinary action up to and including termination.
As part of any disciplinary action, the employee may be required
to undergo counseling or other treatment at his/her own expense.
Authorization for the use
of alcohol, either on or off work hours, in connection with
Organization events (including authorized trips or any other
exception to this policy) can only be granted by the President/CEO.
At such authorized events, employees are expected to use
alcohol in a responsible manner. No employee who is supervising
consumers at an event, either on or off work premises, or
who is scheduled to work following an event, may use alcohol.
9.3
Rules of Conduct
Violations of the following
rules subject an employee to disciplinary action, up to and
including termination from employment. Prohibited acts include:
- The use, possession, sale, attempt to sell,
manufacture, purchase, attempt to purchase, or transfer of
illegal drugs or alcohol while on the job, at a Riverside
program/site, or in or about an Organization vehicle. Riverside
also reserves the right to impose discipline, up to and including
termination, for convictions resulting from any of the above
violations, regardless of whether the illegal acts occurred
during work time or outside of work time.
- Being under the influence of drugs or alcohol
while working or while at an Organization program/site.
- Refusing to undergo a drug or alcohol screening
test when directed to do so by a supervisor or other appropriate
management official, as approved by the Human Resources Director
or designee.
- Testing positive for illegal drugs or alcohol
during an initial or follow-up drug or alcohol screening
test
- Refusing to allow inspection of a motor vehicle,
locker, desk, files or storage containers at an Organization
program/site.
- Use of drugs prescribed for consumers.
- Failure to participate and complete a rehabilitation
program recommended by qualified medical personnel or as
required as a condition of continued employment following
a positive test for alcohol or controlled substance use.
9.4 Drug and
Alcohol Testing
The
Organization reserves the right to test employees and contract
workers for the presence of drugs or alcohol. No individual
shall be tested for drugs or alcohol unless s/he gives consent
to the test. However, individuals who refuse to give consent
should be warned that the refusal is grounds for discipline,
up to and including termination. Each individual shall sign
a consent form before any drug or alcohol test is administered.
9.4.1 Standards
for Substance Testing
Reasonable
Suspicion: When a Supervisor determines that there
is reasonable suspicion, as outlined in Section
9.1.5, that an employee has violated the Organizations
drug and alcohol policy, the employee may be asked to
consent to a drug or alcohol test.
Post-Accident: Any
employee who is involved in an automobile accident while
driving an Organization vehicle or driving consumers, or
is involved in a serious incident or accident while on
duty, whether on or off the Organization premises, may
be asked to provide a body substance sample.
9.4.2 Conducting
Drug/Alcohol Testing
Only a Division Director/Senior
Manager may require substance testing, based upon standards
described in Section 9.4.1 as reported
to the Division Director/Senior Manager by the employees
immediate supervisor. The employee to be tested shall be
accompanied to the Organizations designated testing
contractor. The employee shall cooperate with the contractor
by providing breath or urine specimens in the manner requested
by the contractor and by completing the contractors
questionnaire and consent form. The employee will be advised
that refusing to sign the form or give breath and/or urine
samples will be treated as refusal to obey a direct order,
will be regarded as failing the test, and is grounds for
disciplinary action. Once the specimen(s) is (are) provided,
the employee will be regarded as suspended with pay, pending
the organizations review of the test results and
the circumstances necessitating the test.
If the test results reveal
the presence of alcohol or controlled substances, the employee
will be subject to disciplinary action up to and including
termination. If the test results do not demonstrate a violation
of organization policy, and no corrective action is imposed
as a consequence of the incident, the organization shall
not maintain a record of a substance test in the employees
personnel file. All documents pertaining to the incident
which results in a negative screening examination will
be maintained in a secure file by the Vice President, Human
Resources.