Page | 1 – Drug & Alcohol-Free Workplace Policy Policy ... - Mercy

Page | 1 – Drug & Alcohol-Free Workplace Policy Policy ... - Mercy

D. Co-workers are encouraged to notify their supervisor or Human Resources if they suspectanother co-worker is in violation of this policy. Every attempt will be made to hold thisinformation in confidence, unless it violates the legal rights of the co-worker in question.E. Prescription or over-the-counter medications being used in a manner other than intended orprescribed, or used by someone who was not prescribed the medication, will be considered inviolation of this policy and subject to disciplinary action, up to and including discharge. Any coworkertaking prescription or over-the-counter medications which may impact their ability toeffectively perform their jobs as expected must inform their supervisor prior to the start of theirshift. The supervisor should contact Human Resources to determine whether the co-worker’sjob duties should be temporarily modified, the co-worker should be temporarily reassigned orbe given a leave of absence during the timeframe the medication is in use. Managementreserves the right to consult with a Medical Review Officer (MRO) to determine whether misuseof a medication is a concern.REQUIRED TESTINGCo-workers are subject to a drug/alcohol test for the use of illegal, illicit or improper use ofprescription drugs, alcohol and other intoxicating substances under any of the followingcircumstances:Pre-employment/Post-Offer: All prospective co-workers will receive a conditionaloffer of employment contingent upon passing a drug screen and other medicalevaluations as appropriate. This shall include Mercy-employed physicians, unlesstheir individual employment contract stipulates otherwise. All individuals who haveconditionally been offered employment will be required to sign a form consentingto drug screening prior to orientation and being placed on the work schedule as partof the hiring process. Refusal to submit to screening will result in disqualification offurther employment consideration. If the drug screen reports positive, illicit druguse or use of prescription medication without a valid prescription, the results will bereviewed by a Medical Review Officer (MRO). If the MRO upholds the report, theoffer of employment will be withdrawn and the applicant will be ineligible for hirewith Mercy for a period of one year.Acquisition: The procedures outlined for Pre-employment/Post-Offer will befollowed for co-workers and physicians joining Mercy as a result of an acquisition, asoutlined in the acquisition document.Reasonable Suspicion/For Cause: Co-workers who show signs of being unfit for dutyor exhibit signs of unsafe work behavior may be screened at Mercy’s discretion.Screening may also occur any time a co-worker’s conduct or behavior creates areasonable suspicion that the co-worker may have either illegal drugs,unauthorized controlled substances and/or alcohol or other intoxicants in his or hersystem while on Mercy property during working hours, performing work for Mercyoff Mercy property, or when attempting to report to work. This is especiallyapplicable when such condition could affect the safety of the individual, patientsand/or other co-workers or property.Page | 2 – Drug & Alcohol-Free Workplace Policy

REASONABLE BELIEF CHECKLISTooooooDrug or alcohol on our about the co-worker’s person or in the co-worker’svicinity;Conduct on the co-worker’s part that suggest impairment or influence ofdrugs or alcohol;A report of drug or alcohol use while at work or on duty;Evidence that a co-worker has tampered with drug or alcohol testing atany time;Negative performance patterns; orExcessive or unexplained absenteeism or tardiness.Post-Accident: Mercy reserves the right to require drug and/or alcohol screening inthe event of a workplace injury or incident, especially incidents which risk or causeinjury to a patient or cause damage to Mercy equipment or vehicles. Co-workerseeking treatment through the Workers’ Compensation process will be screened fordrugs and alcohol either prior to treatment or at the time of treatment. In stateswhere allowed by statute, Mercy reserves the right to request a reduction incompensation benefits in cases where impairment results in a work-related injury.Random Screening: Mercy reserves the right to conduct random drug screening onselected groups of co-workers or individual co-workers who may be selected atrandom for screening in order to monitor and ensure compliance by all co-workersto this policy. Furthermore, groups of co-workers within a department may berandomly screened in cases where an investigation is conducted by Mercy in anattempt to reconcile a discrepancy in medication counts. Random screening will beconducted through a process that removes discretion in selection from anysupervisory personnel. Co-workers who are selected for random drug screening willcontinue working until the test results are confirmed. Any co-worker employed byMercy who tests positive to a random screen will be subject to disciplinary action upto and including termination of employment. Any decisions regarding disciplinaryaction will take into consideration any state regulatory or licensing boardrequirements. Any decision to conduct a drug screen will be coordinated withHuman Resources.Follow-Up: Any co-worker who refuses to submit to a drug/alcohol test set forthabove or withholds or withdraws his or her medical consent under any of the abovesituations will be subject to disciplinary action, up to an including immediatedischarge. Mercy will bear the cost of any tests requested under this section. Alldrug and alcohol test procedures will contain safeguards ensuring disclosure ofresults only to those Mercy officials and managers with a need to know. Any nonnegativescreening results must be confirmed through a SAMSHA certified lab. In allcases of drug screening performed by Mercy, if the results report dilute,

after the initial result). A second dilute specimen will be considered as a second“non-negative” and either the offer of employment will be rescinded or the coworkerwill be subject to disciplinary action up to and including termination ofemployment.Recognizing that chemical dependency is a treatable disease, in cases where a coworkerhas come forward and requested treatment for drug and/or alcoholaddiction prior to an incident or screening (random or otherwise), Mercy willconsider whether to offer a co-worker who violates this policy, or tests positive, theopportunity to return to work by making a one-time referral to the EmployeeAssistance Program (EAP). The co-worker would then be granted a leave of absenceto complete the treatment program. All time off of work for such treatment will bededucted from any applicable leave entitlement or benefit, including FMLA leave.Any co-worker permitted to use the EAP after screening positive will be required tofulfill all obligations and requirements imposed by such programs before beingreinstated. Failure to comply with all requirements, including follow-up randomdrug screening for up to two (2) years, contained in the Return to Work Agreementwill result in termination of employment. If the co-worker tests positive again aftercompleting the rehabilitation program, he/she will be subject to immediatetermination of employment. Co-workers found to have diverted narcotics, orotherwise committed other intolerable offenses, prior to asking for or seekingtreatment, are subject to immediate termination of employment from Mercy.Mercy will cooperate fully in the prosecution or conviction of any employee whoviolates the law and will turn over to the custody of law enforcement officials anyillegal or illicit substance found during the search of an individual or property. Themanufacture, sale, distribution, diversion, possession, use or theft of an illegal drugis a violation of the law. Mercy will refer such illegal drug activities to licensing andcredentialing agencies when required.In accordance with the Drug-Free Workplace Act of 1988, Mercy must notify theappropriate granting agency, within 10 days, of any employee in a federal grant orcontract who is convicted of a drug statute violation in the workplace.If any provision of this policy conflicts with the medical staff by-laws in place for aspecific facility, the medical staff by-laws govern.COLLECTION AND TESTING PROCEDURESCo-workers subject to drug and alcohol screening shall be screened onsite or driven to aMercy designated facility and directed to provide either blood, saliva or urine specimens. Alcoholtesting will be accomplished by breath alcohol testing with non-negatives confirmed either by a secondbreath scan after 15 minutes, or by blood alcohol testing. For purposes of this policy, test resultsgenerated by law enforcement or medical providers may be considered by Mercy as work ruleviolations.Urine specimens will be collected using an appropriate consent, chain of custody andstandard protocol: water to bathroom shut off, dye in toilet and no personal belongings carried into thescreening area. Witnessed collections may be conducted when there is reasonable concern that aspecimen may be altered or adulterated, as allowed by law. Collected specimens shall be sent to afederally certified laboratory. Drug screens are to contain a minimum six (6) panel drug screen whichPage | 4 – Drug & Alcohol-Free Workplace Policy

This policy statement is an integral part of Mercy’s commitment to a drug and alcohol-freeworkplace. The administration of this policy is the responsibility of all management, working inconjunction with Human Resources. Questions regarding this policy should be directed to one’ssupervisor or Human Resources.DEFINITIONS“Mercy Premises” includes, but is not limited to, all buildings, offices, facilities, grounds,parking lots, parking garages, lockers, places and vehicles owned, leased or managed by Mercy or on anysite on which Mercy conducts business.“Illegal Drug” means a substance whose use or possession is controlled by federal law but thatis not being used or possessed under the supervision of a licensed health care professional. (Controlledsubstances are listed in Schedules I-V of 21 C.F.R. part 1308)“Refuse to Cooperate” means to obstruct the collection or screening process; to submit analtered, adulterated or substitute sample; to fail to show up for a scheduled test; to refuse to completethe requested drug test forms; or fail to promptly provide specimen(s) for screening when directed todo so, without valid medical basis for the failure. Co-workers who leave the scene of an accident withoutjustifiable explanation prior to submission to drug and alcohol screening will also be considered to haverefused to cooperate and will automatically be subject to termination of employment.“Under the Influence of Alcohol” means an alcohol concentration equal to or greater than.04, or actions, appearance, speech or bodily odors that reasonably cause a member of Management toconclude that a co-worker is impaired because of alcohol use.“Under the Influence of Drugs” means a confirmed positive test result for illegal drug use perthis policy. In addition, it means the misuse of legal drugs (prescription or over-the-counter) wherethere is not a valid prescription from a physician for the lawful use of a drug in the course ofmedical treatment (prescription containers must include the patient’s name, the name of the substance,quantity/amount to be taken, and the period of authorization) or where over-the-counter medicationsare abused or used in a way that prevents a co-worker from safely and effectively performing his or herjob functions.APPROVALSLegal review by: Charles Gilham (VP-Legal Counsel)Date: 9/21/2011HR review by: Donna McDaniel (VP – Standardization & Mercy Service)Date: 9/21/2011Final Review and Approval by:Approved by Date 9/23/2011Cynthia Mercer, Senior Vice President, Human ResourcesPage | 7 – Drug & Alcohol-Free Workplace Policy

CO-WORKER CONSENT TO ALCOHOL AND/OR DRUG SCREENINGI hereby consent to provide Mercy with samples of blood, urine, saliva and/or breath for the purposeof screening for illegal drugs, illegally used legal drugs and/or alcohol, as designated by Mercy. Icertify that the specimen collected from me will be mine and will not be adulterated or altered in anymanner. I understand that all screening procedures comply with state, federal and regulatoryrequirements and that confirmation screening is accomplished by an accredited laboratory licensed inthis process and designated by Mercy.I understand the results of these tests and other relevant medical information may be used foremployment decisions. Testing positive to an applicant drug screen would disqualify me foremployment with Mercy. Testing positive, or refusing to test, while employed at Mercy may result indisciplinary action, up to and including termination.I understand the results of this test may be released to state, federal, and regulatory agencies, as wellas the appropriate Mercy Human Resources personnel.Candidate Name:Social Security/Mercy ID #Collection Date:DOB:Phone Number:CollectorPrescription Medications/OTCMedications:PrescribingPhysician/pharmacy:Date:Verified by:Consent to Testing:Refuse Testing:I CERTIFY THAT ALL INFORMATION PROVIDED IS TRUE AND CORRECT TO THE BEST OF MYKNOWLEDGE AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENTS OF MATERIALFACTS HEREIN MAY CAUSE FORFEITURE OF ALL RIGHTS TO ANY EMPLOYMENT ORCONTINUED EMPLOYMENT.Candidate/Co-worker SignatureDate & TimePage | 8 – Drug & Alcohol-Free Workplace Policy

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