Section 22-B9003. DRUG AND ALCOHOL MISUSE

 

9003.1Policy: The PBC shall comply with the Drug Free Workplace Act. The PBC shall strive to provide both our patients and employees with a safe drug free environment. This policy is designed to protect the health of employees and ensure the safety of our patients. This policy encompasses employee conduct and performance as it relates to legal and illegal drug and alcohol use.

 

9003.2PBC shall prohibit the use, sale, dispensing, and possession of illegal drugs or alcohol in the workplace. PBC also prohibits employees from being under the influence of illegal drugs or alcohol in the workplace. This prohibition includes the presence of any legal or prescription drug which impairs the employee’s ability to perform his/her job properly and safely.

 

9003.3Drug and alcohol screening shall be performed when an employee demonstrates a “reasonable suspicion” of being under the influence of alcohol and an illegal drug.

 

9003.4The PBC shall encourage employees who are experiencing drug or alcohol problems to voluntarily seek appropriate assistance. To serve this need the services of the Employee Assistance Program shall be available to employees and anyone who lives with them. The employee shall notify his/her supervisor regarding absence from work due to inpatient treatment. It shall be treated as any short-term disability.

 

9003.5Employee drug testing is done when an employee demonstrates a “reasonable suspicion” and should be handled as follows:

 

(a)The employee is observed for signs of being under the influence of drugs or alcohol with another supervisor or administrator present. A sample listing of such signs is available from the Human Resources;

 

(b)If the supervisors concur there is a “reasonable suspicion” that the employee appears to be under the influence of a substance, the employee shall be asked to a private area in the presence of another manager and notified of their suspicions;

 

(c)The employee shall be brought to the Occupational Health Department or the Emergency Room (when Occupational Health is closed) by his/her manager who shall remain with the employee until the specimen collection is completed;

 

(d)Failure to consent to drug testing may result in termination of employment;

 

(e)Employees taking any prescribed or over-the counter medications must list all medications on the informed consent. This information shall be considered a confidential medical record;

 

(f)Employees who deny any prescribed or over-the-counter medications shall sign the consent;

 

(g)Specimen collection shall be carried out maintaining chain of custody;

 

(h)The employee shall not be permitted to work while test results are pending;

 

(i)An employee who is believed to be impaired shall not be permitted to operate a motor vehicle. Arrangements shall be made through the employee’s department to be transported home by either a taxicab, coworker, or family member;

 

(j)Test results shall be provided by the Human Resources;

 

(k)Positive test results may result in termination. At the PBC’s discretion, measures short of termination may be considered;

 

(l)PBC shall be under no obligation to refer anyone for treatment; and

 

(m)Employees who have completed a treatment program must report to the Occupational Health Department with the appropriate documentation for clearance.

 

source

Final Rulemaking published at 45 DCR 7353, 7414 (October 9, 1998).