[Get Answer] drug policy for elora jean company

Elora Jean & Company is deeply troubled about possible drug and alcohol abuse among employees. It is their goal to establish and maintain a drug-free workplace to provide a safer work environment. The goal here today is to recommend items that should go into this policy and to recognize the type of training that will be needed for management and employees pursuant to the new policy.

In addition, there will be a discussion on how effective a new drug-free workplace policy will be in reducing work-place accidents. The legality of the policy will be discussed in addition to discussing the implementation of the new policy for both, the union and non-union environment (CTU Online, 2008). A drug-free workplace policy applying to all employees can benefit Elora Jean & Company. This policy should be included as part of the overall health and safety policy.

The drug-free workplace policy should include the purpose of the policy, which simply may state the goal of Elora Jean & Company is to create a work environment that is healthful and safe for all employees by prohibiting the use of controlled substances, toxic substances and alcohol, unless the employee has a written prescription from a physician. The drug-free policy should contain a general statement of the policy, which might include: 1) Use of alcohol, toxic substances or controlled substances, before or during work hours is prohibited.

Elora Jean & Company cannot control employees’ behaviors during off hours; however, in lieu of this, employees may be requested to participate in a random drug test as pursuant to the policy. 2) Elora Jean and Company’s intention is to enforce the policy and to take appropriate actions or discipline including termination against any employee who violates this policy (Delpo, 2005). Definitions should be included in the policy that defines alcohol, controlled substances, toxic substances, use and possession. Alcohol will include any beverage, which has alcohol content.

Controlled substances will be defined as those specified pursuant to the Controlled Substances Act, 21 U. S. C. Sect. 812 (U. S. Drug Enforcement Administration, 2002). Toxic substances will includes aerosol paint, glue, cement, or any additional chemical used or processed resulting in intoxication. The word “use” will be defined as the buying, selling, trading, distributing, or use of a prohibited item. Possession will be defined as having on one’s person, having among one’s effects, or having in an area that is under one’s control.

The policy should include the procedures of the policy such as: 1) Employees who have a prescription from a physician may possess a controlled substance. 2) Every employee will be provided with a written notice of the Drug-Free policy and will be required to sign acknowledging that they have received the policy. 3) All employees will be subject testing for alcohol and drugs according to the testing policies and procedures. 4) Training will be conducted on the drug-free workplace policy to ensure that employees understand their rights under the policy.

This educational training will be conducted annually and will be designed to help everyone understand that a drug-free workplace is more likely to produce a safe, productive and healthy work environment. Training will also serve to provide information about substance abuse, including the types and effect of the drugs. Management and staff will be trained on identifying the symptoms of drug use and abuse and the effects they have on performance. Employees will be educated on how self-referrals for rehab will be handled as well as privacy issues.

Details will be provided on procedures, circumstances, and other elements related to the drug-free policy (Fay, 2003). The policy will need to include an enforcement section that informs employees of the reporting requirements for a drug conviction and disciplinary action that will take place if this policy is violated. There should also be a provision allowing employees (at their own expense) to voluntarily enroll in an alcohol or drug abuse rehabilitation program approved by the company and the policy should stipulate, anyone who fail to satisfactorily participate and complete the program will be subject to termination.

This provision is available to employees who have come up positive on a drug test and does not apply to anyone who possesses, uses, or sells prohibited items at any company’s facilities. This provision will only be offered once and anyone coming up positive on a second drug evaluation will be terminated pursuant and in accordance with company policies, collective bargaining agreement or under any applicable statutory authority.

The types of drug testing that will be included in this policy will be pre-employment drug testing to be used as a condition of enjoyability, post-accident testing if injury or loss of property has occurred, reasonable suspicion testing, and random testing. 1) All applicants desiring to attain employment with Elora Jean & Company must submit to testing as a condition of enjoyability. 2) Post-Accident testing will occur if injury requires outside medical treatment or involves substantial property damage as determined by Elora Jean & Company.

It should be noted that under Indiana Workers’ Compensation State law an employee will be denied benefits “whose injury was caused by his or her intoxication” as pursuant to Section 22-3-238, 22-3-7-21 (National Conference of State Legislatures, 2006). 3) Drug testing may be conducted if there are reasonable suspicions/grounds that an employee has violated the drug-free workplace policy. 4) Random testing may be conducted with or without notice and a random selection process will be used to determine who will be tested.

Elora Jean & Company’s position on anyone refusing to submit to drug testing is automatically considered to have a positive result. Disciplinary action will be taken against anyone who comes up positive on a drug test including termination. 5) All drug tests will include a urinalysis to be submitted and a breathalyzer test will be required for those suspected of using alcohol on the job (Bogardus, 2004). It is my opinion a drug-free workplace policy will aid in reducing work related accidents/ injury as well as reduce absenteeism and productivity loss.

A drug free environment will make for a safer work environment for Elora Jean & Company. According to the U. S. Department of Labor, 2008, a 2001study found “there was a 51 percent reduction in injury rate within two years of a policy being implemented. ” Although that are no federal laws giving a private company the authority to have a drug policy, it is my opinion Elora Jean & Company as an employer in the State of Indiana has a right under Indiana Code 22-9-5 section 6 (b) to prohibit all employees from using drug or alcohol.

In addition, under this code, Elora Jean & Company can design and construct a drug and alcohol policy that can include drug testing. (Office of Code Revision, 2008). I believe this drug-free policy is appropriate for both non-union and union employees; however, it will need to be presented to the union representatives and an agreement be reached as to when the policy will go into effect for union employees. It will also need to be included in the collective bargaining agreement as an amendment and placed in the collective bargaining agreement permanently upon renewal.

In fact, it would be beneficial if union representatives were involved in the development of the policy. It is quite possible they could bring to the table model programs or have other ideas to offer. The union will be instrumental in communicating the programs purpose, policies and procedures to the employees they represent. I do have concerns about the union climbing on board with the new policy and there may have to be some compromises made in order to implement the policy in the short term.

I am also concerned about the term “reasonable” suspicion. The definition for “reasonable” will need to be spelled out in the policy because this term could be used in a broad context and what is reasonable to one person may not be reasonable to another. I am concerned that if the policy is not administered across the board fairly, we will have legal issues that will surface. Despite any concerns that we may have, a drug policy is a good idea to help ensure Elora Jean and Company provides a safe work environment for all employees.

The policy stated above is more or less a starting point in creating a drug-free policy. It is the intention of Elora Jean & Company to develop and implement this policy and not discriminates against anyone in the execution of this policy based on race, sex, color, religion or national origin, All information gathered pursuant to this policy will be held in strict confidence and will be protected in accordance with applicable Hippa laws.

References

Bogardus, A. M. (2004). Human Resources Jumpstart. Retrieved on October 23, 2008, from http://books.google.com/books?id=QaTLhRRqqAMC&pg= PA114&dq=Developing+and+implementing+++a+drug+policy+for+the +workplace&lr=&as_brr=3&ei=8nQBSYCJEYGCywSxwp2FDQ#PPA115,M1 CTU Online (2008). Task list. Retrieved on October 22, 2008, from https://campus.ctuonline.edu/MainFrame.aspx?ContentFrame=/Default.aspx (U.S. Delpo, A. (2005). Create your own employee handbook: A legal and practical guide, 2nd edition pp. 275-281. Retrieved on October 22, 2008, from ebrary Drug Enforcement Administration (2002). Sec. 812. Schedules of controlled substances. Retrieved on October 22, 2008, from http://www.usdoj.gov/dea/pubs/csa/812.htm Fay, J. J. (1993). Encyclopedia of Security Management. Retrieved on October 22, 2008, from http://books.google.com/books?id=gi395_eYbjcC&pg=PA244&dq= Developing+and+implementing+++a+drug+policy+for+the+workplace&lr=& as_brr=3&ei=t3ABSaCfMIquywTPmNW9Dg#PPA245,M1 National Conference of State Legislatures, (2006). State Statute Chart on Drug Testing in the Workplace. Retrieved on October 22, 2008, from http://www.ncsl.org/programs/employ/drugtest.htm Office of Code Revision (2008). Retrieved on October 22, 2008, from http://www.in.gov/legislative/ic/code/title22/ar9/ch5.html U.S. Department of Labor (2008). Drug testing reduces workplace injuries in construction industry. Retrieved on October 23, 2008, from http://www.dol.gov/asp/programs/drugs/workingpartners/whatsnew/ Archives/WhatsNew-1771.htm

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