Policy:             MEDICAL STAFFING SOLUTIONS (“Company”) acknowledges the problem of substance abuse (including alcohol) in our society. Furthermore, we see substance abuse as a serious threat to our staff and customers. We are addressing this problem by introducing a new substance abuse policy to ensure the company will have a drug-free workplace.

 

Drug and alcohol addiction is a complex, yet treatable disease. For this reason, our substance abuse program is targeted at alleviating the problem at the community level by involving both our employees and their families. Our commitment to eradicating substance abuse in the community reflects our firm belief that by building this community we build our company.

 

While the management of the Company understands that employees and applicants under a physician’s care are required to use prescription drugs, abuse of prescribed medications will be dealt with in the same manner as the abuse of illegal substances.

 

The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe, productive and drug-free environment. Our intention is to prevent and treat substance abuse. We would like to encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. In this way, fully rehabilitated abusers can return to work as employees in good standing.

 

Employees are given notice as of the above date that it is a condition of employment to refrain from using illegal drugs on or off the job. Employees will be subject to testing under the provisions of this substance abuse policy.

 

With these basic objectives in mind, the company has established the following policy with regard to use, possession or sale of alcohol and drugs (pursuant to requirements under Florida Statute 440.102 and Administrative Rule 38F-9 of the Department of Labor and Employment Security, Division of Workers’ Compensation).

 

 

A.                 “Legal Drug” – Prescribed drug or over-the-counter drug that has been legally obtained and is being used solely for the purpose for which it was prescribed or manufactured.

B.                 “Illegal Drug” – Any drug that is not legally obtained, which may be legally obtainable but has not been legally obtained, or which is being used in a manner or for a purpose than as prescribed.

 

 

The company’s policy is to employ a work force free from use of illegal drugs and abuse of alcohol, either on or off the job. Any employee determined to be in violation of this policy is subject to corrective action, which may include termination, even for the first offense.

 

It is a standard of conduct of employees of the Company that employees will not use illegal drugs or abuse alcohol. In order to maintain this standard, the Company will establish and maintain the programs and rules set forth below.

 

 

An employee reporting to work visibly impaired is unable to properly perform required duties and will not be allowed to work.

 

If possible, the employee’s supervisor should first seek another supervisor’s opinion to confirm the employee’s status. Then the supervisor should 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, 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, accompanied by the supervisor or another employee, if deemed necessary. An impaired employee will not be allowed to drive.

 

 

Company will conduct pre-employment screening examinations designed to prevent hiring individuals who use illegal drugs or individuals whose use of legal drugs is done illegally or individuals whose use of legal drugs indicates a potential for impaired or unsafe job performance.

 

 

The Company will maintain screening practices to identify employees who use illegal drugs or abuse alcohol, either on or off the job. It is a condition of continued employment for all employees to submit to a drug screen:

 

 

The Company does not maintain an Employee Assistance Program that provides help to employees and their families who suffer from drug or alcohol abuse.

 

However, it is the responsibility of each employee to seek assistance from an EAP before alcohol and drug problems lead to corrective action. Once a violation of this policy occurs, subsequently using an EAP on a voluntary basis will not necessarily lessen corrective action, and ma have no bearing on the determination of appropriate action.

 

The employee’s decision to seek prior assistance from an EAP will not be used as the basis for disciplinary action and will not be used against the employee in any corrective action proceeding. On the other hand, using an EAP will not prevent corrective action when facts showing violation of the policy are obtained outside the EAP. Accordingly, the purposes and practices of this policy and an EAP are not in conflict but are separate in application.

 

An EAP will provide appropriate assessment, evaluation and counseling and/or referral and treatment of drug and alcohol abuse. Such employees may be granted leave with a conditional return to work, depending on successful completion of the agreed upon treatment regimen, which will include random testing. The terms of the Leave of Absence policy will apply.

 

The cost of an EAP will be the responsibility of the employee.

 

 

An employee bringing onto the Company premises or property; having possession of, being under the influence of; possessing in the employee’s body, blood or urine in an amount that exceeds the levels established by the Department of Health and Human Services; or using, consuming, selling or attempting to sell or transfer any form of illegal drug while on the Company business or at any time during the hours between the beginning and end of the employee’s workday, whether on the Company property or not, is subject to corrective action including termination or other corrective action, including suspension without pay, even for the first offense. Failure to submit to required medical or physical examinations or tests is grounds for termination or other corrective action, including suspension without pay, and loss of workers’ compensation medical and indemnity benefits.

 

 

An employee who is under the influence of alcoholic beverages at any time while on Company business or at any time during the hours between the beginning and ending of the employee’s workday, whether on Company property or not, will be subject to corrective action, including termination or other corrective action, including suspension without pay, even for the first offense.

 

An employee will be determined to be under the influence of alcohol if:

 

Failure to submit to required medical or physical examination or testing is grounds for termination or other corrective action, including suspension without pay, and loss of workers’ compensation medical and indemnity benefits.

 

 

1.      All information, interviews, reports, statements and drug test results, written or otherwise, received by the Company through a drug-testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in accordance with this rule or in determining compensability under Chapter 440, Florida Statutes.

2.      Employers, laboratories, EAP’s, drug and alcohol rehabilitation programs and their agents who receive or have access to information concerning drug-test results will keep all information confidential. Release of such information under any circumstances will be solely pursuant to a written consent form signed voluntarily by the person tested, unless such release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal taken under this section, or unless deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The consent form must contain, at a minimum:

a.       The name of the person who is authorized to obtain the information,

b.      The purpose of the disclosure,

c.       The precise information to be disclosed,

d.      The duration of the consent, and

e.       The signature of the person authorizing the release of the information.

 

3.      Information on drug test results will not be released or used in any criminal proceeding against the employee or job applicant. Information released contrary to this section will be inadmissible as evidence in any such criminal proceeding.

 

4.      Nothing herein will be construed to prohibit the employer, agent of the employer or laboratory conducting a drug test from having access to employee drug-test information when consulting with legal counsel in connection with actions brought under or related to this section or when the information is relevant to its defense in a civil or administrative matter.

 

 

A form will be provided for employees or job applicants with a provisional offer of employment to confidentially report the use of prescription or nonprescription medication both before and after being tested. Additionally, employees and said job applicants will receive notice of the most common drugs or medications by brand name or common use as well as by chemical name which may alter or affect a drug test.

 

 

 

Company may test for any or all of the following substances:

 

 

 

 

Employees and said job applicants have the right to consult the testing lab for technical information regarding prescription and nonprescription medicines.

 

 

All job applicants will undergo screening for the presence of illegal drugs or alcohol as a condition for employment.

 

Applicants will be required to voluntarily submit to a urinalysis test at a laboratory chosen by the Company and, by signing a consent agreement, will release the Company from liability. Any employee with positive test results will have their offer of employment revoked at that time. The applicant may initiate another employment inquiry after 6 months.

 

The Company will not discriminate against applicants for employment because of the past abuse of drugs or alcohol. However, the Company will not tolerate any current drug or alcohol abuse that prevents employees from properly performing their jobs.

 

 

Employees may be required to submit to drug and/or alcohol testing at a laboratory chosen by the Company if there is cause for a reasonable suspicion of substance abuse.

 

Whenever possible, the supervisor should have the employee observed by a second supervisor before requiring testing. Employees who refuse substance testing under these circumstances will be terminated.

 

Circumstances that could be indicators of a substance abuse problem and considered suspicious are as follows:

 

If the tests are positive and if an employee is granted a leave of absence for substance abuse treatment, he/she will be required to participate in all recommended aftercare and work rehabilitation programs. Upon successful completion of all these required programs, the employee may be released to resume work, but must agree to random substance abuse testing and close performance monitoring to ensure that he/she remains drug free.