Alcohol and Substance Abuse Policy
Alcohol and Drug Abuse Policy:
WHC ABQ, LLC dba zTrip prohibits the use, purchase, manufacture, distribution, dispensing, possession or selling of alcohol and illegal, controlled or other substances and the unauthorized use of prescription drugs during working hours or on standby status, while engaged in WHC ABQ, LLC dba zTrip activities either on or off company premises, while in WHC ABQ, LLC dba zTrip uniform, or while operating a company vehicle or motorized equipment.
While at work, each employee of WHC ABQ, LLC dba zTrip has the responsibility to our clients, vendors or suppliers to deliver services in a safe and conscientious manner. In order to ensure the safety of our employees, clients, vendors., suppliers, the work/ transportation environment, and to reduce injuries and fatalities, employees must be free from potential harm by illegal, controlled or other substances, alcohol and the unauthorized use of prescription drugs.
Failure to strictly comply with this Policy and the prohibitions outlined below will result in disciplinary action, including termination.
Definitions:
Controlled Substances – Any drugs that are classified by Federal and California law on the basis of their potential for abuse, accepted use, and accepted safety under medical supervision. This includes, but is not limited to, marijuana, opiates, phencyclidine (PCP) and cocaine. Prescriptions for drugs in these controlled schedules must bear the physician’s DEA license number.
Illegal Substances – Any medication, chemical or drug used outside of the controls established by Federal or State of California law.
Other Substances – Any chemical or substance not designed for human consumption and used for the purpose of intoxication (i.e., inhaling glue or gasoline fumes to cause an altered mental state) shall be considered in violation of this policy.
Employee Requirements
WHC ABQ, LLC dba zTrip employees are prohibited from any of the following conduct, the violation of which will likely result in immediate termination.
1) Being impaired by or under the influence or possessing alcohol or illegal, controlled or other substances during work hours (including breaks and meal periods), while on WHC ABQ, LLC dba zTrip property, at work locations, while on standby status, while operating a company vehicle or motorized equipment, or otherwise engaged in activities on behalf of WHC ABQ, LLC dba zTrip. Possessing alcohol includes testing positive for alcohol at an alcohol concentration of .02 or greater.
2) Selling, purchasing, transferring, manufacturing, giving or providing illegal, controlled or other substances or drug paraphernalia to any other employee or to any other person while such employee is on duty, is on standby status, or on or near the company’s premises, either directly or through a third party.
3) Refusing to submit immediately to an alcohol or drug test when directed by a manager or supervisor responsible for enforcement of this Policy; switching, attempting to tamper with any sample submitted for testing, or otherwise interfering or attempting to interfere with the testing process.
4) Using an over the counter or prescription drug which may cause or caused the employee to be unable to perform the job in a safe manner or cause the employee to be a danger for himself, other employees, vendors, or suppliers or the general public.
5) The employee must notify his/her supervisor before beginning work, when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of WHC ABQ, LLC dba zTrip equipment.
6) In addition, employee must provide within 24 hours of request, a valid prescription for any drug or medication identified when a drug screen/analysis is positive. The prescription must be in the employee’s name.
7) The employee may be required to obtained written clearance from a qualified physician to verify their ability to safely and effectively perform assigned duties while using the medication or drugs.
8) Failing to notify the Human Resources Department in writing of any conviction under a criminal drug statute within five (5) calendar days of the conviction.
Company Social Events
Notwithstanding this Policy, the President of WHC ABQ, LLC dba zTrip may occasionally authorize alcohol to be served at company hosted and sponsored social events. In all such instances, the employee is expected to demonstrate good judgment and refrain from inappropriate alcohol use. Any employee attending any such event who has consumed alcohol will not be permitted to return to work. If the employee returns to work under these circumstances, he/she will be subjected to an alcohol test and may risk termination of employment if tested above the required blood concentration level.
Return from Leave
When an employee returns from any kind of leave in excess of 30 days, he/she will be required to submit to a substance testing approved by the company.
Searches
WHC ABQ, LLC dba zTrip shall not physically search the person of any employee. The appropriateness of any physical search will be left to the determination of the proper law enforcement authorities. Searches of employee’s personal belongings may be done only pursuant to freely given consent of the employee or as permitted by law (such as pursuant to a search warrant, drugs or alcohol in plain sight, etc.)
WHC ABQ, LLC dba zTrip reserves the right to search at any time and without the employee’s consent all areas and any property in which WHC ABQ, LLC dba zTrip maintains control or joint control with the employee. Employees are specifically notified that the following areas are not private and are subject to company searches: desks, file cabinets, computer terminal, e-mails, voice mail, work areas, employee lounges, lunch areas, restrooms, lockers and WHC ABQ, LLC dba zTrip vehicles.
Management Responsibilities
1) Managers and supervisors are responsible for enforcement of this Policy, including those personnel designated to serve in an acting supervisory or management capacity. Lead personnel are responsible for reporting to their supervisor an employee who may appeared to be impaired by illegal, Controlled or Other substances or alcohol.
2) Managers and supervisors shall notify the President of WHC ABQ, LLC dba zTrip or the Human Resources Manager when they have reasonable suspicion, defined below, to believe that an employee may have alcohol or Illegal, Controlled or Other substances in his or her possession or in an area not jointly or fully controlled by WHC ABQ, LLC dba zTrip. If the President, or the Human Resources Manager or their designee concurs that there is reasonable suspicion of possession, the President, HR Manager, or designee shall notify the appropriate law enforcement agency.
3) Supervisors and management employees may direct an employee in their department to submit to an Illegal, Controlled or Other substance and/or alcohol test when they have a reasonable suspicion that an employee is impaired while on the job or standby status.
a. “Reasonable-Suspicion” is a belief based on objective facts sufficient to lead a supervisor or management employee to suspect that an employee is impaired by alcohol or illegal, Controlled or Other substances.
b. Factors that may constitute reasonable suspicion, alone or in combination, the physical symptoms of which should be documented in writing by the supervisor or manager as may be applicable, include, but are not limited to:
i. Bloodshot Eyes
ii. Glazed
iii. Slurred Speech
iv. Alcohol odor on breath
v. Unsteady walking or movement
vi. A vehicle or other accident involving injury to people or <company> property, where it appears the employee’s conduct is at fault.
vii. Physical Altercation Verbal Altercation
viii. Behavior which is so unusual that it warrants summoning a supervisor or anyone else with authority
ix. Information obtained from a reliable person with personal knowledge.
4) When a supervisor or management employee has reasonable suspicion to believe that an employee is impaired by drugs or alcohol, the employee will be removed to a suitable location that will ensure his or her privacy. The President of WHC ABQ, LLC dba zTrip or the Human Resources Manager or their designee will be present at this meeting with the employee. The employee is to be informed of the reasonable suspicion, and interview to determine any reasonable explanation for the action and/or appearance.
5) Any statements made during the interview may be used in any subsequent proceeding involving the employee. If the supervisor or other management employee and the President of WHC ABQ, LLC dba zTrip or HR Manager or their designee still has a reasonable suspicion that the employee is still not drug or alcohol free, he/she shall direct the employee to submit to a drug and/or alcohol test in accordance with the procedures established by this policy.
6) Any supervisor or management employee requesting that an employee in their department submit to a drug and/or alcohol test are to document in writing the facts constituting reasonable suspicion that the employee is intoxicated, under the influence or impaired by alcohol or illegal, Controlled or Other substances.
a. The Reasonable Suspicion Documentation Report is provided as a resource that the supervisor or manager may wish to use to record information concerning his/her belief that an employee is impaired by illegal/controlled substances or alcohol.
7) The supervisor or management employee shall personally drive the employee to the medical facility designated by <company> and wait for the test to be completed. If the test cannot be completed at that time, the employee is to be released from work for the remainder of the day. The supervisor or management employee shall arrange for the employee to be transported home, or in appropriate situations to the hospital, as determined by the doctor. The supervisor or management employee shall notify the HR Manager immediately of the test results.
8) Any Supervisor or management employee encountering an employee in their department who refuses a request to submit to the test is a violation of this Policy and will result in immediate termination.
9) If the employee refuses to submit to a drug and/or alcohol test, the supervisor or management employee is to verbally order the employee to remain at the present location until arrangements can be made to have the employee safely transported home.
10) All managers and supervisors are responsible to support the overall effort to maintain a substance free environment. All managers and supervisors ·are-representatives ·of <company>, and therefore, are expected to fulfill their obligation as a company role model and policy enforcer. Any manager and/or supervisor who fails to meet their responsibilities as they pertain to this Policy will be subjected to disciplinary action up to and including termination of employment.
Types of Alcohol & Drug testing Performed
1) Pre-employment – Drug testing only
2) Random (PUC) – This testing is accomplished for both alcohol and substances and is only performed on drivers, as required by the Public Utilities Commission (PUC)
a. The number and identify of employees tested are determined by a computer software program, which complies with Federal drug and alcohol testing requirements, and not the company. If an employee is randomly selected, the employee will be required to visit the company’s clinic for a drug and alcohol test within 30 minutes from the time the employee has been notified. If the employee alcohol test is .02 or greater, immediate termination will result.
b. Random testing is performed at the rate of 50% for illegal and Controlled substances and 25% for alcohol, as required by the PUC.
3) Reasonable Suspicion- See above.
4) Post-Accident Testing
a. This testing is required following a reportable vehicle accident if the responsible manager or supervisor on duty who is conducting the investigation determines there is reasonable cause to believe the illegal, Controlled or Other or alcohol use was a factor in the accident. Said manager or supervisor will instruct the employee to visit the clinic for appropriate and/or drug testing.
b. In the event the employee is so seriously injured from the accident and had been hospitalized, the employee must provide the necessary authorization for WHC ABQ, LLC dba zTrip to obtain hospital reports or other documentation that will indicate there were substances or alcohol in the employee’s system at the time of the accident.
c. Refusal by any employee to submit to Post-Accident testing will result in immediate termination.
c. Refusal by any employee to submit to Post-Accident testing will result in immediate termination.
All testing procedures for illegal, Controlled or Other substances and alcohol are in accordance with State regulations. The levels of presence of either substances or alcohol are in accordance with State regulations. All tests for substances and alcohol will be administered by certified technicians and laboratories to ensure the integrity and validity of the test results. Test results are confidential and shall not be released without the consent of the employee, except as authorized or required by law.
Voluntary Admission
1) An employee who voluntarily admits to a substance abuse or alcohol problem, may take an unpaid leave of absence and enter into an alcohol/substance abuse rehabilitation program at his or her own cost if authorization has been received by the Department Manager or Human Resources Manager and the President of WHC ABQ, LLC dba zTrip.
2) Voluntary admission prior to being asked by management to take a schedule pre- employment, random, reasonable suspicion, post-accident or reasonable cause drug and/or alcohol test does not exempt an employee from taking the test, and he/she shall not be subject to termination provided the employee seeks assistance prior to being tested for the use of substances covered by this Policy and before WHC ABQ, LLC dba zTrip has reason to believe the employee has violated the Policy.
3) Rehabilitation- The employee who has been referred by management to visit an outside treatment professional through, company’s Employee Assistance Program shall enroll in and complete a rehabilitation, aftercare, substance abuse education or similar program at the recommendation of the treatment professional.
a. The employee will be furnished with a mandatory referral letter for WHC ABQ, LLC dba zTrip‘s Employee Assistance Program to contact for an appointment. In Addition, an employee may select his/her own treatment professional with approval from the Human Resources Manager, or Operations Manager, or the President of WHC ABQ, LLC dba zTrip.
b. The employee shall bear the costs of the rehabilitation, aftercare or substance abuse education program and shall be entitled to use whatever available sick leave, holiday and vacation benefits necessary for program participation.
c. At the company’s discretion based upon the recommendation of the Employee Assistance Program professional, an employee covered by this policy may be exempt from the rehabilitation and after care provisions of this Policy.
d. Following an assessment made by the treatment professional, the employee shall execute a written agreement with <company> in order for the employee’s position to be maintained. The written agreement shall include the following obligations of the employee:
i. Enrollment in and completion of the company approved rehabilitation/aftercare or substance abuse education programs, if applicable;
i. Execution of appropriate release of medical information forms to permit company monitoring of compliance with the rehabilitation treatment and aftercare program commitments, if applicable;
ii. Ensuring that the treatment program provides WHC ABQ, LLC dba zTrip with the necessary documentation to establish compliance with the employee’s rehabilitation obligations;
iii. Submissions to at least six random urinalyses and/or alcohol tests within a one-year period from the date of the agreement and executing the appropriate release of medical information forms. A second positive result from any of these drugs and/or alcohol tests (above .02 blood concentration level) will result in immediate termination;
iv. Failure to comply with any provision of the written agreement shall result in immediate termination of employment; and
v. Access to grievance-arbitration procedures, if applicable, shall be limited to a factual determination of whether the employee violated any provision of this agreement.
4) If the employee refuses to enroll in and complete the rehabilitation program, immediate termination will occur.
A copy of this Policy is distributed to all employees and each employee is required to sign acknowledging receipt. The signed receipt is maintained in the employee’s confidential file, separate from the employee file.
zTrip Alcohol/Substance Abuse Policy Acknowledgement
I have received a copy of zTrip’s Alcohol and Substance Abuse Policy.
I have read my obligations under the policy and will comply with my obligations or risk termination of employment.
I further understand that a condition of my employment shall include my consent to submit to alcohol and/or substance abuse testing if required.
I, the undersigned, also acknowledge that this Policy Acknowledgment will become a permanent record within my confidential employee file, separate from my personnel file.
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(Please print)
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Signature
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Date Signed