Drug and Alcohol Testing During Employment CREA, LLC reserves the right to require a drug test as a condition of continued employment at any time for the following reasons: Reasonable Suspicion . An employee must submit to testing upon reasonable suspicion that he/she is under the influence of drugs or alcohol during the workday. Reasonable suspicion generally means when an employee appears to be in a condition that impairs his/her ability to safely perform the job. Reasonable suspicion may be based on a number of factors, such as: (1) observation of drug or alcohol use; (2) observation of drugs, drug paraphernalia, alcohol or containers traditionally used for drugs or alcohol; (3) the smell of alcohol on an employee’s breath; (4) physical symptoms of being under the influence, such as staggering or lumbering walk, bloodshot eyes, slurred speech, repetitive talking, flushed face, swaying while standing, slow reactions, or impaired judgment, reasoning, concentration or motor control; (5) exhibiting a pattern of irrational or erratic behavior or a marked change in behavior; or (6) engaging in other conduct and behavior in the workplace which reasonably appears to be the result of drug or alcohol use or being under the influence. All testing will be conducted in accordance with applicable law and CREA will pay all costs associated with the drug and alcohol test, including the cost of any transportation if the testing is conducted away from the work place. All testing will be done by a qualified testing facility using generally accepted methods and procedures. Test results will be released only to those persons who have a legitimate need to know such information. Refusing to provide a sample for testing when required or attempting to tamper with or alter the testing procedure or results is a violation of this policy and grounds for discipline. Treatment and/or Rehabilitation CREA, LLC may assist you in seeking voluntary treatment or rehabilitation for substance abuse issues including after a first, positive test result. In such cases, CREA may consider your continued employment as long as concerns regarding safety, health, production, communication, or other work-related matters are adequately addressed. CREA may also require you to obtain a medical clearance and agree to random testing and a "one-strike" rule as a condition of continued employment. An employee's decision to voluntarily seek diagnosis and treatment will not be used as a basis for disciplinary action under this policy as long as the employee voluntarily comes forward before being detected or selected for testing. An employee who refuses participation in a designated program, fails to complete the program, fails to obtain a release to return to work, or fails to abide by the terms of treatment relevant to the workplace, will have their employment terminated immediately. Employees who test positive a second time will be immediately terminated, regardless of the length of time between offenses. Violations Violation of this policy may result in disciplinary action, up to and including termination of employment. 7.5 Workplace Tobacco Usage CREA, LLC is concerned about the detrimental effects of smoking and secondhand smoke inhalation. Smoking (including the use of electronic vaping products such as e-cigarettes) is prohibited in the following: Or any other areas within any CREA office. The Company also prohibits the use of smokeless tobacco (e.g., chewing tobacco, dip, and snuff) in such areas. The Company will not discriminate against employees based on their off-premises, off-duty tobacco usage. At any CREA office.
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