Policy & Legal Support

Value

A policy is the foundation of your program and is an important tool in routine operation of your company.  We work with you to address all the issues necessary to create a policy that:

• Reflects the company’s culture
• emulates how the company functions operationally
• has management commitment
• is legally sound and ensures liability protection
• creates the broadest possible impact
• provides the best return-on-investment
• maintains the best rates & highest quality testing
• is user-friendly
• is able to be utilized effectively and consistently

Description

Serving as the cornerstone, the policy and its appendices are important components which set forth all the parameters that ensure a sound, defensible approach, including:

• circumstances permitting the consumption and possession of alcohol
• reporting of prescription drugs without violating privacy laws
• appropriate levels of testing (there are 23 possibilities)
• definition of “under the influence” of drugs and alcohol
• what constitutes reasonable suspicion and who is empowered to make the decision
• definition of an accident and the referral process
• actions against tests that are tampered with (adulterated, diluted, substituted)

In addition, it is important to consider the laws that impact this issue, including:

• federal regulations such as ADA, FMLA, Title VII, NLRA, and the Drug-Free Workplace Act;
• relevant case law and statutory law
• both worker’s and unemployment compensation
• civil, administrative and judicial remedies (including employer exposure to criminal and civil liability)

NOTE: With the policy, a policy summary is provided for distribution to applicants, employees,, and insertion into an Employee Handbook.