MHM is committed to providing a safe work environment and to fostering the well-being and health of its employees and patients. That commitment is jeopardized when any MHM employee illegally uses drugs on or off the job, comes to work under their influence, possesses, distributes or sells drugs in the workplace, or abuses alcohol on the job. Therefore, under authority of Georgia Law (O.C.G.A. 34-9-410) MHM has established the following policy:
POLICY:
- It is a violation of company policy for any employee to use, possess, sell, trade, offer for
sale, or offer to buy illegal drugs or otherwise engage in the illegal use of drugs on or off
the job.
- It is a violation of company policy for any employee to report to work under the influence
of or while possessing in his or her body, blood, or urine illegal drugs in any detectable
amount.
- It is a violation of company policy for any employee to report to work under the influence
of, or impaired by alcohol.
- It is a violation of company policy for any employee to use prescription drugs illegally, i.e., to use prescription drugs that have not been legally obtained or in a manner or for a purpose other than as prescribed. (However, nothing in this policy precludes the appropriate use of legally prescribed medications.)
- Refusal to submit to a drug and alcohol test constitutes will result in termination or no offer of employment.
- 6. Violations of this policy are subject to immediate termination.
PROCEDURE:
Notification of Convictions
As a condition of employment, employees must abide by the terms of this policy and must notify MHM in writing of any conviction of a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction.
Employee Assistance
MHM offers resource information on various means of employee assistance in our community, including but not limited to a list of names, addresses, and telephone numbers of employee assistance programs and local drug rehabilitation programs. Employees are encouraged to use this resource file, located in Human Resources. In addition, we will distribute this information to employees for their confidential use.
General Procedures
An employee reporting to work visibly impaired will be deemed unable to properly perform required duties and will not be allowed to work. If possible, the employee's supervisor will first seek another supervisor's opinion to confirm the employee's status. Next, the supervisor and the HR Manager or Representative will consult privately with the employee to determine the cause of the observation, including whether substance abuse has occurred. If, in the opinion of the supervisor, the employee is considered impaired, a drug and alcohol test will be conducted and the employee will be sent home or to a medical facility by taxi or other safe transportation alternative - depending on the determination of the observed impairment - and accompanied by the supervisor or another employee if necessary. An impaired employee will not be allowed to drive. If an impaired employee insists on driving while under the influence, law enforcement will be notified.
Opportunity to Contest or Explain Test Results
Within 5 working days after receipt of a positive confirmed test result from the laboratory, the applicant/employee will be informed in writing of such positive test result, the consequences of such results, and the options available to the employee or job applicant. A copy of the test results will be provided to the employee or job applicant, upon request.
Employees and job applicants who have a positive confirmed test result may explain or contest the result to the company within five (5) working days after the company contacts the employee or job applicant and shows him/her the positive test result as it was received from the lab in writing.
Confidentiality
The confidentiality of any information received by the company through a substance abuse testing program shall be maintained, except as otherwise provided by law.
Pre-Employment Drug Testing
All job applicants at MHM will undergo testing for the presence of illegal drugs as a condition of employment. Any applicant with a confirmed positive test result will be denied employment. Applicants will be required to submit voluntarily to a specimen test at a laboratory chosen by MHM, and by signing a consent agreement will release MHM from liability. If the physician,Medical Review Officer (MRO), company official, or lab personnel has reasonable suspicion to believe that the job-applicant has tampered with the specimen, the applicant will not be considered for employment.
MHM will not discriminate against applicants for employment because of a past history of drug abuse. It is the current abuse of drugs preventing employees from performing their job properly that MHM will not tolerate.
Individuals who have failed a pre-employment test may initiate another inquiry with the company after a period of not shorter than six (6) months; but they must present themselves drug-free as demonstrated by urinalysis or other specimen test selected by MHM.
Employee Testing
MHM has adopted testing practices to identify employees who use illegal drugs on or off the job or who abuse alcohol on the job. It shall be a condition of employment for all employees to submit to substance abuse testing under the following circumstances:
- When there is reasonable suspicion to believe that an employee is using illegal drugs or abusing alcohol. "Reasonable suspicion" is based on a belief that an employee is using or has used drugs or alcohol in violation of the company's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon, but not limited to, the following:
- Observable phenomena while at work such as direct observation of substance abuse or of the physical symptoms or manifestations of being impaired due to substance abuse;
- Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance;
- A report of substance abuse provided by a reliable and credible source;
- Evidence that an individual has tampered with any substance abuse test during his or her employment with the current employer;
- Information that an employee has caused or contributed to an accident while at work; or
- Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment.
- When employees have caused or contributed to an on-the-job injury that resulted in a loss of work time, which means any period of time during which an employee stops performing the normal duties of employment and leaves the place of employment to seek care from a licensed medical provider. The company may also send employees for a substance abuse test if they are involved in on-the-job accidents where personal injury or damage to company property occurs.
- As part of a follow-up program to treatment for drug abuse when an employee has involuntarily entered a rehabilitation program because of a positive confirmed test result. The frequency of such testing shall be a minimum of at least once a year for a two year period after completion of the rehabilitation program. Advance notice of testing shall not be given to the employee.
- When a substance abuse test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination that is part of the company's established policy or that is scheduled routinely for all members of an employment classification or group.
Employees with a confirmed positive test result may, at their own option and expense, have a second confirmation test performed on the same specimen. An employee will not be allowed to submit another specimen for testing. Every specimen that produces a positive confirmed test result will be preserved by the certified laboratory that conducted the confirmation test for a eriod of one year after the result of the test was mailed or otherwise delivered to MHM. During the period after written notification of a positive test result, the employee or job applicant who has provided the specimen may be permitted to have a portion of the specimen retested, at the employee's or job applicant's expense, at another approved laboratory, chosen by the employee or job applicant. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory that performed the test for the employer is responsible for the transfer of the portion of the specimen to be retested, and for the integrity of the chain of custody during such transfer. The employee will be required to pay for any and allcosts incurred by any additional test(s).
If the physician, company official, MRO or lab personnel has reasonable suspicion to believe that the employee has tampered with the specimen, the employee is subject to disciplinary action up to and including termination.
Alcohol Abuse
The consumption or possession of alcoholic beverages on MHM's premises is prohibited. An employee whose normal faculties are impaired due to the consumption of alcoholic beverages, or whose blood alcohol level tests positive while on duty/company business shall be guilty of misconduct, and shall be subject to discipline up to and including termination. Failure to submit to a required substance abuse test will result in termination.
It is the responsibility of the MHM's supervisors to counsel employees whenever they see changes in performance or behavior that suggest an employee has a drug or alcohol problem. Although it is not the supervisor's job to diagnose personal problems, the supervisor should encourage such employees to seek help and advise them about available resources for getting help. Everyone shares responsibility for maintaining a safe work environment, and co-workers should encourage anyone who has a drug problem to seek help.
The goal of this policy is to balance our respect for individuals with the need to maintain a safe, productive, and drug-free environment. The intent of this policy is to offer a helping hand to those who need it, while sending a clear message that the illegal use of drugs, and the abuse of
Postings
A posting with the following comments will be displayed where it may be easily seen by employees and persons seeking employment: “Because of our concern for the best interest of our employees, it is the desire and intent of Memorial Hospital and Manor to maintain a safe and drug and alcohol free workplace environment. Accordingly, applicants for employment will be required to undergo a drug screen before consideration for employment.”
Application Form
The employment application form includes the following language: “I understand that any offer of employment is conditioned on the successful completion of a test for drug and alcohol abuse and I will, upon request, sign all necessary consent forms. Failure to sign the necessary consent forms will be considered a withdrawal of my application from employment.”