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EMPLOYEE HANDBOOK - Steamboat

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productive workplace, SSRC will conduct drug and<br />

alcohol testing in the following circumstances:<br />

Reasonable Suspicion<br />

Post Injury or Accident<br />

Reasonable suspicion may include, but is not limited<br />

to, the following: Employee observed using or<br />

possessing drugs, drug paraphernalia, or alcohol;<br />

employee demonstrating what appear to be the<br />

physical or emotional symptoms of drug or alcohol<br />

use, including through behavior, speech or<br />

performance; a pattern of abnormal conduct or erratic<br />

behavior by the employee; violation of a safety rule<br />

or other unsafe work incident which leads<br />

management to believe the employee’s functioning is<br />

impaired; arrest for drug related offenses including<br />

possession of illegal drugs, controlled substances,<br />

drug paraphernalia or information provided by<br />

reliable and credible sources including law<br />

enforcement, or otherwise independently<br />

corroborated, regarding an employee's use or<br />

possession of the foregoing or other violations of the<br />

Drug & Alcohol Policy, and any other information or<br />

indicators that leads management to a reasonable<br />

belief that drug or alcohol use may be affecting job<br />

performance and conduct in the workplace.<br />

If an active or inactive employee is arrested for<br />

illegal possession or use of drugs or drug<br />

paraphernalia, he or she may be subject to a<br />

reasonable suspicion drug test.<br />

Post injury or accident drug and alcohol tests will<br />

be conducted regardless of position in the event of (i)<br />

an accident which results in property or equipment<br />

damage of SSRC or others in excess of $250, (ii) a<br />

loss of revenue in excess of $250, (iii) a work related<br />

injury requiring medical treatment and (iv) injury to<br />

another person requiring medical treatment. Tests<br />

may be conducted in these circumstances regardless<br />

of the presence or absence of fault or other<br />

reasonable suspicion of drug or alcohol use in the<br />

sole discretion of the SSRC manager and/or vice<br />

president.<br />

The failure of an employee to submit to such tests<br />

and/or the employees failure to answer fully and<br />

truthfully all questions on the test or related forms,<br />

will be grounds for termination and the employee<br />

may not reapply for employment for one year from<br />

the date of termination; however reemployment is not<br />

guaranteed.<br />

An employee who is involved in an accident, on the<br />

job injury, or loss event must immediately report that<br />

fact to his or her supervisor.<br />

For vehicle operators subject to Department of<br />

Transportation regulations, pre-employment and<br />

random testing for alcohol, illegal drugs and<br />

controlled substances is required and will be<br />

conducted.<br />

MEDICAL MARIJUANA<br />

Marijuana is currently illegal under federal law,<br />

whether obtained through a “registry identification<br />

card” under current Colorado law (or a similar law of<br />

any other state) for medical purposes or<br />

otherwise. Under current Colorado law marijuana (in<br />

various forms) cannot be “prescribed” by a physician<br />

like other prescription drugs (except in the form<br />

known as “marinol”) but can only be obtained<br />

through a registry identification card based upon<br />

written documentation from a physician that a patient<br />

might benefit from the medical use of marijuana.<br />

Colo. Const. Art. XVIII, Sec. 14. This law also<br />

expressly provides that no employer is required to<br />

accommodate the medical use of marijuana in the<br />

workplace. Because SSRC believes that the use of<br />

marijuana, whether for medical or other purposes, is<br />

inconsistent with SSRC’s goal of a drug free<br />

workplace for its employees and guests, SSRC will<br />

not accommodate use in the workplace nor tolerate<br />

use in any other setting. A positive test result for<br />

marijuana will be considered to be a violation of this<br />

Policy, and disciplinary action up to and including<br />

termination of employment may result.<br />

DRUG AND ALCOHOL SCREENING<br />

PROCESS<br />

SSRC will utilize recognized and widely accepted<br />

procedures to endeavor to ensure the accuracy of<br />

drug and alcohol test results.<br />

<br />

Testing for illegal drugs or controlled substances<br />

will be determined by urinalysis (or, when<br />

deemed appropriate by SSRC, other methods)<br />

using an independent certified laboratory that<br />

will follow medically acceptable laboratory and<br />

chain of custody procedures. Those required to<br />

provide a urine sample will be directed to a<br />

designated medical clinic, physician's office, or<br />

the SSRC Security Office. In certain situations,<br />

the sample collection may be done under<br />

observation. Initial test results will be promptly<br />

reported to SSRC and SSRC may take temporary<br />

disciplinary or other actions based on such<br />

results. If the initial test results are inconclusive<br />

or positive, the sample will be re-tested by the<br />

certified laboratory using an alternate test<br />

procedure, which may take several days to<br />

42

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