It is the Company’s policy not to employ persons who use illegal drugs or abuse alcohol. Accordingly, the Company shall have the right to require an employee to submit to testing for drug and/or alcohol use as a continuing condition of employment as the Company deems necessary to the safe and efficient operation of the program. An employee who refuses to submit to drug and/or alcohol testing or who tests positive may be suspended from duty pending further investigation and may be subject to discipline, up to and including immediate discharge.
Commentary (if any): Like most personnel policies, drug and alcohol policies vary widely. Some employee manuals contain simple prohibitions on drug and alcohol use, while others contain detailed provisions relating to drug and alcohol testing at both the pre-employment and post-employment stages. Of course, employers that are subject to drug testing laws or regulations (e.g., those subject to DOT regulations), must ensure that their policies conform to the applicable standards.
Most employers should consider adopting some type of drug and alcohol policy in an effort to maintain a drug and alcohol free workplace. At minimum, the employee manual may simply state that the employer maintains a place of employment which is free from recognized hazards, such as drug and alcohol use. Employers that have or wish to adopt drug and alcohol testing policies should ensure that their policies and testing procedures meet the following criteria:
WARNING: Do NOT simply adopt a policy or add it to your handbook or manual without consulting with a qualified HR professional or employment lawyer. A sample policy may not be proper or even lawful in your particular situation. You’ve been warned.