PROJECT LEVEL CONSIDERATIONS

 Include project drug and alcohol testing requirements in the contracts so that all contractors are aware of the requirements .

 Testing facility considerations:

ο Identify the closest certified drug and alcohol testing facility to the project . The closer, the better since it saves a lot of travel time for the workers .

ο Develop a billing mechanism for a particular project . Typically general contractors will create a “project identification number (PID),” and will share it with their workers and subcontractor workers . When workers visit the testing facility, they will inform the facility about the project they are associated with, and the testing facility will charge the project accordingly .

ο The workers usually fill out a consent form and a chain of custody form at the facility in the presence of the collector . Ensure the testing facility has plenty of your company’s consent forms . The forms should be 3 or 4 part forms so that the worker, your company, and the project receives a copy of the consent form .

ο Project supervision should talk to workers about the quality of service provided by the test- ing facilities, the time taken to complete testing, etc ., as part of the continuous improvement process . If the company is not satisfied, it might be a good idea to meet with the facility to rectify the deficiencies or change the facility .

 Create an information sheet that includes a facility name, contact information, and directions from the project, and PID . After completion of the new employee orientation, workers can go to the testing facility with the information sheet and complete the testing return to the jobsite .

 When workers return to the jobsite verify the consent form, make sure there are no modifications made on the consent form .

 Ensure the project has good secure storage cabinets to store all documentation related to the proj- ect . These documents should also be archived as part of your project record retention policy . Drug and alcohol testing documentation can include:

ο Consent forms

ο Chain of custody copies ο Test results

ο Copies of disciplinary actions related to testing ο Reasonable suspicion forms

 Ensure the project has at least a secure room (conference room) which can be used to communi- cate test results to workers or to deal with anything related to drug and alcohol testing . Due to the sensitive nature of the information, each contractor on the jobsite should come up with a plan on how to communicate the test results, and how to remove workers from the project for positive test results .

Additional Resources, Readings, and References

For more information about substance abuse program best practices and guidelines, please refer to the following resources .

 Department of Labor’s (DOL) online Drug-Free Workplace Advisor helps employers develop

customized drug-free workplace policies (that may or may not including drug testing) by review- ing the different components of a comprehensive policy and then generating a written policy statement based on the user’s responses to pre-set questions and statements . The Advisor can be accessed at http://www .dol .gov/elaws/asp/drugfree/drugs/screen1 .asp .

 The Substance Abuse and Mental Health Services Administration (SAMHSA) has numerous re- sources on this topic such as:

ο Drug-Free Workplace Toolkit: http://www .samhsa .gov/sites/default/files/workplace-kit .pdf ο Model Plan for a Comprehensive Drug-Free Workplace Program:

http://www .samhsa .gov/sites/default/files/workplace/ModelPlan508 .pdf

 The U.S. Department of Transportation (DOT) also has many resources on this topic that can be accessed at http://www .dot .gov/odapc

 National Institute on Drug Abuse - www .drugabuse .gov  Nationwide Medical Review - www .drugfreeworkplace .com

 National Business Group on Health Publication -An Employer’s Guide to Workplace Substance

Abuse: Strategies and Treatment Recommendations:

Exhibit 15-1: Sample Prevention of Drug and Alcohol Abuse Plan

Note: This Drug and Alcohol Abuse Plan is only included as an example, and the users should be aware that the plan may reference laws and regulations depending on the company’s jurisdictions. It is the user’s responsibility to ensure that they adapt the information provided in this plan for their jurisdiction and comply with all applicable local, state, and federal regulations affecting their workplace.

Introduction

Employees are the most valuable resource of “Construction Company”, and because of that the health and safety of these employees is of paramount importance .

To ensure the continued health and safety of its employees “Construction Company” will implement the following policy regarding drug/alcohol/substance abuse in the workplace and on “Construction Company” business . The purpose of this policy is to support and further ABC’s existing safety pro- grams and to eliminate drug and alcohol related work performance problems by ensuring, if at all possible, a workplace that is drug and alcohol free .

“Construction Company” has the right, both under the law and under general industrial practices, to implement reasonable work rules governing the conduct of employees on “Construction Company” property, “Construction Company” jobsites, and/or “Construction Company” business while off of “Construction Company” property or jobsites . Under the Drug Free Workplace Act of 1988, “Con- struction Company” has a legal duty to comply with all the requirements of the act .

While “Construction Company” employees are necessarily free to select their own life-styles, “Con- struction Company” need not and will not accept the risks that drug and/or alcohol use by employees will cause in the form of accidents, injuries, and other job performance problems .

Policy

Employees are expected, and must, report for work without illegal drugs in their bodies or in their possession and not under the influence of alcohol . Compliance with this requirement is a mandatory job qualification .

ANY PERSON ACCEPTING OR CONTINUING EMPLOYMENT WITH THE “CONSTRUC- TION COMPANY” GIVES HIS/HER CONSENT TO THE TESTS AND EXAMINATIONS SET FORTH IN THIS POLICY .

1 . There will be no alcohol consumption on or off Company property during working hours .

2 . Employees who are under the influence of alcohol and/or who possess or consume alcohol on the job have the great and real potential for interfering with job performance by themselves and other employees and endangering themselves and other persons and employees . Should such interference and/or endangerment occur as the result of alcohol consumption, and/or possession, administra- tive action up to and including termination of employment, depending upon the particular situa- tion, the nature of the interference and/or endangerment, the employee’s present job assignment, the employee’s record with “Construction Company” and other relevant factors, may result .

3 . The illegal use, sale or possession of narcotics, drugs, or other controlled substances while on the job or on “Construction Company” property is a dischargeable offense . Any illegal substances will be disposed of lawfully and appropriately .

4 . Drugs which are illegal or controlled under Federal, State, and/or local laws include, but are not limited to, marijuana, heroin, hashish, cocaine, hallucinogens, depressants and stimulants NOT prescribed for CURRENT personal medical treatment by an accredited physician . While the use of prescribed drugs as part of a personal medical treatment program is not in and of itself grounds for disciplinary action, should such use adversely affect an employee’s job performance or behav- ior, administrative action up to and including termination of employment, depending upon the particular situation, may result .

5 . Off-the-job drug use which could adversely affect the employee’s job performance and/or the health and safety of other employees, the public, “Construction Company” property and/or equipment may result in administrative action up to and including termination of employment, depending upon the particular situation, the nature of the interference and/or endangerment, the employee’s present job assignment, the employee’s record with “Construction Company” and other relevant factors .

6 . Employees reasonably suspected of being under the influence of alcohol, narcotics, illegal and/or dangerous drugs as evidenced by job impairment, high absenteeism or other such manifestations, shall submit to a physical examination, including a medically validated chemical analysis of blood and/or urine sample by a recognized hospital, clinic or laboratory .

Reasonable suspicion shall include, but not be limited to, any employee involvement in any acci- dent resulting in any medical treatment, including first aid, being administered by an accredited physician, resulting in any property damage in excess of five hundred dollars ($500), and employee involvement in any physical altercation in the work place . All employees involved in the said acci- dent, property damage, and/or altercation shall be subject to the foregoing . If the involved employ- ee(s) refuses to submit to testing or examination, he/she will be immediately suspended from work without pay, pending results of the investigation as more fully explained hereafter .

As soon as reasonably possible after the suspension, the suspended employee will be given a hear- ing by a “Construction Company” personnel panel to present evidence why such employee should not be required to undergo testing or examination or should not be discharged for refusal to sub- mit to testing or examination . Should such employee refuse to participate in the hearing or fail to present good and sufficient reasons or evidence justifying such refusal, termination of employment may be taken .

Employees found by such tests and/or examinations to have illegal drugs in their systems while at work are considered to be “under the influence” of such drugs and in violation of this policy, even if impairment of functions may not be present . Because unauthorized drug use is illegal and because of the potentially serious safety consequences, “Construction Company” will not accept