Alcohol and Drug Testing

Alcohol and Drug Testing

State of Estates seeks to comply with the Drug Free Workplace Act of 1988, which requires employers to provide a safe work environment. Abuse of substances poses an extensive risk to the safety and well-being of employees as well as its clients (SHRM, 2021). The compliance is expected to not only ensure that the work environment is alcohol and substance-free but also encourage all employees with such dependencies to access assistance voluntarily.

State of Estates will incur all costs pertaining to drug tests and reimburse transport costs to and from the collection centers.

Employees who are found under the influence of drugs or alcohol will be encouraged to undergo rehabilitation or face dismissal, depending on the context.

Any employee who is dismissed on these grounds will receive full remuneration up to the specific time for work done.

Rules and Regulations

1. Employees are expected to undertake various activities on behalf of the State of Estates. During this time, they should not be under the influence of alcohol or any other substance that could alter judgment.
2. They should not also be in possession of any drug or subsequent paraphernalia.
3. Employees should not sell or buy any of these substances to or from their colleagues.
4. Upon testing, any traces of alcohol or other addictive substances that lack an authentic prescription during working hours (in-situ or offsite) amount to a violation of this policy.
5. State of Estates employees are expected to declare any prescribed medication that interferes with their judgment and ability to carry out their duties efficiently. Such medication should be in its appropriate container and labeled. Employees will not be allowed to work under such influence.
6. Any illegal substances that are found in the possession of employees will be submitted to the appropriate authorities for investigative procedures.
7. Employees are encouraged to voluntarily come forward if they have substance abuse issues for assistance.

Testing Categories

• Pre-employment drug/alcohol testing
• Random drug/alcohol testing
• Testing upon suspicion
• Testing after accidents occur
• Return to work testing
• Compliance testing

Pre-employment drug/alcohol testing

Candidates who expect to work at State of Estates will take mandatory tests at designated facilities before they receive the job offer. The test will comprise the final stages of the recruitment process. Any candidates who decline to undertake the test will be automatically disqualified. Candidates whose test results turn out positive will also be disqualified if licensed pharmacists or physicians do not prescribe the substances. Such candidates will require a prescription to prove the possession of the drugs. These candidates will receive future employment opportunities at the State of Estates if other candidates are found more suitable for the position.

Random Testing

Employees at State of Estates will be expected to take random alcohol and drug tests to ensure that the work environment remains safe for all employees.

Such tests will result from;

• Other employees’ reports/concerns
• Smell of alcohol
• Unsteady movements
• Unusual facial observations such as blank looks and confusion
• Slurred speech
• Sleepiness or unconsciousness
• Tests after accidents occur while on duty

Such tests will be conducted within one hour after reports or suspicions. Employees who decline to take the tests will be considered guilty of policy violation and face dismissal.

Return to work testing.

All employees returning from leave or any other break from work will be required to take the alcohol and drug tests.

Procedure for employees who disagree with results of drug/alcohol Testing

Employees who disagree with the results of a drug/alcohol test will be required to provide an account of their opinions. They will also take tests from a different facility to ascertain any fault in the first test. However, they must request a different test within 48 hours through the company’s medical officer.

Drug/alcohol procedure for contracted government employees who work in satellite offices

Government employees working in satellite offices will be required to take tests as other employees to ensure compliance with the law. They will also be expected to observe this policy through coordination with their supervisors/managers.

Drug testing in states with legal marijuana use

Testing in states that have legalized marijuana use will require employees to provide prescriptions for the same in case of dependent conditions (NCSL, 2021). However, recreational use will not be allowed during working hours.

Testing procedures

Alcohol testing will be conducted using the employee’s breath specimen. A qualified candidate at the chosen facility will manage this procedure. A second test that involves a blood or saliva specimen will be carried out if the first test produces results that indicate 0.4 and above alcohol concentration.

Urine samples will be collected from employees privately to test for marijuana, cocaine, propoxyphene, opiates, PCP, amphetamines, methadone, and other controlled/illegal substances. All positive results will be submitted to the company’s medical officer, who will inform the employee. All tests and results will be managed confidentially.

Employee Monitoring

The Electronic Communications Privacy Act of 1986 allows monitoring of employees. This federal law allows employers to monitor their employees’ electronic communications. The Wiretap Act allowed employers to intercept oral as well as wire communications. Employers can only monitor employees’ communications for business purposes or with their consent (SHRM, 2019). State of Estates intends to monitor employees’ communications while adhering to the laws that guide such actions. The monitoring process is expected to ensure that productivity, efficiency, safety, and confidentiality are observed.

Monitoring of employee desktop computers

State of Estates intends to install firewalls on computers to avoid access to websites that encourage any form of abuse, including pornography and human trafficking. Employees are expected to use desktop computers for work purposes only (Privacy Rights Clearinghouse, 2019). Personal communications should not be stored on desktop computers to avoid work interruption.

Employees are prohibited from using the company’s computers and the internet for personal social media interactions. Those who do so are only allowed from a business perspective and will be monitored to ensure that the interactions are related to business.

Monitoring of employee cell phones and company car

State of Estates does not intend to monitor the employee’s cell phone. However, the company’s car will be monitored to ensure that it is used for the right purpose. Installation of tracking devices in the vehicles will be conducted since the cars are the company’s property. Any violation of rules regarding the use of company vehicles will attract a warning. Persistence of such behaviors will lead to dismissal of the employee. The respective insurance agencies will assess any damages to the company’s vehicles to determine the actual cause. Cases of carelessness will attract dismissal and deduction of the costs of repair from the employee’s salary.

References

NCSL. (2021). State Medical Marijuana Laws. Retrieved from https://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx

Privacy Rights Clearinghouse. (2019). Workplace Privacy and Employee Monitoring. Retrieved from https://privacyrights.org/consumer-guides/workplace-privacy-and-employee-monitoring

SHRM. (2019, March). Managing Workplace Monitoring and Surveillance. Retrieved from https://www.shrm.org/ResourcesAndTools/tools-and-samples/toolkits/Pages/workplaceprivacy.aspx

SHRM. (2021). Drug and Alcohol Policy. Retrieved from https://www.shrm.org/ResourcesAndTools/tools-and-samples/policies/Pages/cms_019908.aspx

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HRM 546 Week 6 Individual Assignment: Employee Handbook

• You are a first-year Human Resource Specialist at “State of Estates” estate planning firm. The firm is devising a new employee handbook. You have been asked to create two sections:
  

  Alcohol and Drug Testing

  • The Company Policy regarding Alcohol/Drug Testing
  • The Company Policy regarding Employer Monitoring of Employees.
• Formulate these policies in a single document, reflecting an understanding of course materials and credible outside research.

Include and cite applicable laws for each topic as the basis for the policy. You may use federal, state, or case law as the foundation for your work. Following is a list of topics you may want to consider in your policies:

• • Pre-employment drug/alcohol testing
  • Random drug/alcohol testing
  • Procedure for employees who disagree with results of drug/alcohol Testing
  • Drug/alcohol procedure for contracted government employees who work in satellite offices
  • Drug testing in states with legal marijuana use
  • Monitoring of employee desktop computers
  • Monitoring of employee personal social media use
  • Monitoring of employee cell phone and company car

Note: Do not cut and paste an existing policy.

Create your own 1,050-word policy, using APA format for the cover page and references. Both policies should be included in a single document with subheadings to delineate “Alcohol/Drug Testing” and “Employee Monitoring.”