TADL is committed to providing a safe, healthy, and productive work environment. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner. This policy is established to maintain a safe, healthy, productive, and drug-free environment for all employees and the public, and to protect TADL property, equipment, and operations from the negative effects of alcohol, marijuana, and controlled substances taken for medical and non-medical purposes.
The use and effects of controlled substances, alcohol, and marijuana pose very serious problems. Not only can the use and/or abuse of controlled substances, alcohol, or marijuana jeopardize the health, safety, and well-being of the individual user, it can also endanger the safety of our employees and the general public. In view of these concerns, TADL wants to clearly set forth the terms of its drug-free workplace policy to accurately detect and to deter the use of alcohol, marijuana, and other drugs that impair the user in our work environment, through testing and/or disciplinary action, up to and including termination of employment.
Illegal Controlled Substances and Legal Prohibited Controlled Substances
Employees shall not use, possess, purchase, sell, manufacture, distribute, or be under the influence of alcohol, marijuana, or any illegal controlled substance or any legal prohibited controlled substance while on TADL property, while in a TADL vehicle, or while performing TADL business. Possession of related drug paraphernalia is also prohibited. Violation of this policy will result in disciplinary action, up to and including termination of employment.
An “illegal controlled substance” includes a controlled substance that is not legally obtained and/or a controlled substance not being used for its intended purpose or its prescribed quantity.
“Legal prohibited controlled substances” include prescription and non-prescription controlled substances that may impair working ability and/or create a safety hazard in the workplace. Any employee who is taking a legal controlled substance must notify their supervisor of any potential for impairment that would render employee unable to perform the essential functions of his/her job or pose a potential threat to the safety of others.
Employees who possess a medical marijuana registry card or who use legal recreational marijuana may not possess or use marijuana in the workplace, may not perform work for TADL while under the influence of marijuana, and must otherwise comply with this policy in all respects.
Testing
To enforce this policy, TADL may implement drug or alcohol testing: (1) as a pre-employment screening device pursuant to a conditional offer of employment; (2) as required by law, including but not limited to any drug and alcohol testing requirements for employees subject to Department of Transportation and other applicable federal or state drug and alcohol testing regulations; (3) when TADL has a reasonable suspicion that an employee has violated this policy; (4) in accordance with an agreement with an employee who previously violated this policy that provides for testing (a “Last Chance Agreement”); and (5) when an employee suffers an on-the-job injury or accident, including a traffic accident, or a safety violation, provided there is a reasonable possibility that alcohol, marijuana, or other drug use by the employee could have been a contributing factor to the reported injury, accident, or violation.
For example purposes, with respect to testing after an accident, there would be a reasonable possibility that alcohol, marijuana, or other drug use could have been a contributing factor to the incident if an employee violates a safety standard. On the other hand, if an employee is injured by lifting a box, for example, there is likely not a reasonable possibility of alcohol, marijuana, or other drug use contributing to the injury unless there are additional factors suggesting otherwise.
With respect to reasonable suspicion testing, reasonable suspicion may arise from, among other factors, supervisory observation, co-worker reports or complaints, demeanor, appearance, performance decline, attendance or behavior changes, erratic behavior (such as involvement in an accident resulting in significant property damages), physical symptoms, and results of a search or other detection methods.
If an employee refuses to cooperate with or submit to any drug or alcohol test or investigation, or tampers with a test sample, at TADL’s sole discretion, he/she may be subject to disciplinary action, up to and including termination.
Any employee who tests positive on a drug or alcohol test will be offered the opportunity of a second test on the original sample. If a current employee tests positive on a drug or alcohol test, including a test for the presence of marijuana, TADL shall take any and all additional disciplinary actions it deems necessary and appropriate, up to and including termination of employment.
Confidentiality
Information and records relating to test results and legitimate medical explanations provided to the medical review officer shall be kept confidential to the extent required by law and maintained in secure medical files separate from employee personnel files.
5-Day Notification Period for Drug-Related Criminal Convictions
All employees are required, as a condition of employment, to report any drug-related criminal convictions, including but not limited to convictions for operating a motor vehicle while under the influence or while intoxicated. Employees must notify TADL Administration no later than five (5) days after a conviction. Federal contracting agencies will be notified when appropriate.
Safety Concerns
To protect the safety of all employees and others, any employee who TADL reasonably suspects has violated this policy may not be allowed to complete his/her shift. Safe transportation will be arranged for the employee.
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Adopted 2003 / Revised October 20, 2022