DRUG-FREE WORKPLACE POLICY
India Currents Foundation
July 1, 2022
California’s Drug-Free Workplace Act of 1990 requires every employer who is awarded a contract or a grant for the procurement of any property or services from any state agency to certify to the contracting or granting agency that it will provide a drug-free workplace by publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the person’s or organization’s workplace and specifying the actions that will be taken against employees for violations of the prohibition.
Employers contracting with the state are also required to establish a drug-free awareness program to inform employees about all of the following:
- The dangers of drug abuse in the workplace.
- The person’s or organization’s policy of maintaining a drug-free workplace.
- Any available drug counseling, rehabilitation, and employee assistance programs.
- The penalties that may be imposed upon employees for drug abuse violations.
- Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required by subdivision (a) of the act and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement.
We all must recognize that drug use and abuse negatively affect the company, the employee, job performance, and co-workers. In this regard, India Currents Foundation (ICF) has adopted a Drug-Free workplace policy effective July 1, 2022. While we hope that this policy protects and benefits the company, we hope even more that it protects and benefits the employee and co-workers and creates a safe and efficient work environment.
For the purpose of clarification, alcohol is considered a drug under this policy.
II. IMPAIRMENT PROHIBITED
No employee shall report for work or work impaired by any substance that is legal or illegal. “Impaired” means under the influence of a substance such that the employee’s motor senses (i.e., sight, hearing, balance, reaction, reflex) or judgment either are or may be reasonably presumed to be affected.
III. POSSESSION PROHIBITED
No employee at any work site will possess any quantity of any substance, legal or illegal, which in sufficient quantity could cause impaired performance, except for authorized substances. “Work site” means any office, building, or property (including parking lots) owned or operated by the company, or any other site at which an employee performs work for the company. “Possess” means to have a drug or drugs either in or on an employee’s person, personal effects, motor vehicle, tools, and areas entrusted to the employee such as desks, files, and company vehicles.
1. For purposes of assuring compliance with the prohibition of possession of drugs, employees may be subject to inspection for drugs. Any refusal by the employee to submit to an inspection is an act of insubordination subject to disciplinary action.
2. An employee’s person, work area, desk, files, company motor vehicle, and similar areas are subject to inspection for drugs at any time on a random or any other nondiscriminatory basis for purposes of complying with this policy. Similarly, an employee’s own car, lunch box, personal containers, etc., may be inspected for drugs when brought onto any work site.
V. HELP AND MEDICAL TREATMENT
1. The company believes that drug use and abuse is an illness requiring medical treatment. In this regard, the company will:
(a) Encourage affected individuals to voluntarily seek medical help.
(b) Assist supervisors in dealing with associated problems related to the employee’s work performance.
(c) Discourage supervisors, fellow employees, and possibly family members from “covering up” for the affected individual.
2. If the employee seeks help prior to the discovery of drug use and abuse, then confidentiality, job security, and promotional opportunities of the employee could be protected; if the employee does not seek help for drug abuse, and the problem comes to the attention of the company, then the employee will be subject to disciplinary action.
3. The company may refer an employee to drug use and abuse counseling agency for help because of deteriorating job performance or excessive absenteeism of the employee associated with use and abuse of drugs.
VI. ELIGIBILITY FOR BENEFITS
Since misuse of drugs is a treatable illness, an employee participating in the company medical insurance program is eligible for insurance benefits as addressed in the insurance schedule for drug treatment.
VII. EFFECT ON COMPANY RULES
It is emphasized that recognizing drug use and abuse as an illness does not detract from company rules and regulations in respect to intoxication on the job, or having drugs on company property, which will continue to be enforced unless management approves otherwise.
Any violation of this policy may result in summary discipline for the employee, up to and including discharge.