Intoxication Substance Policy

Intoxicating Substance Policy 

Purpose

In compliance with the Drug-Free Workplace Act of 1988, Earth Rides, Inc. is committed to providing a safe, quality-oriented and productive work environment. Intoxicating substances pose a threat to the health and safety of Earth Rides, Inc.’s employees, customers, and to the security of the company’s equipment and facilities. For these reasons, Earth Rides, Inc. is committed to the elimination of intoxicating substances use and abuse in the workplace.

Compliance with the Policy is required as a condition of continued employment with Earth Rides, Inc.

Scope

This policy applies to all employees and all applicants for employment of Earth Rides, Inc. The human resource (HR) department is responsible for policy interpretation, administration, and enforcement.

Definitions

“Company premises” includes all buildings, offices, facilities, grounds, parking lots, lockers, places and vehicles owned, leased or managed by Earth Rides, Inc. or any site on which the company is conducting business.

“Illegal drug” means a substance whose use or possession is controlled by federal law but that is not being used or possessed under the supervision of a licensed healthcare professional. (Controlled substances are listed in Schedules I-V of 21 C.F.R. Part 1308.)

“Refuse to cooperate” means to obstruct the collection or testing process; to submit an altered, adulterated or substitute sample; to fail to show up for a scheduled test; to refuse to complete the requested drug testing forms; or to fail to promptly provide specimen(s) for testing when directed to do so, without a valid medical basis for the failure. Employees who leave the scene of an accident without justifiable explanation prior to submission to drug and alcohol testing will also be considered to have refused to cooperate and will automatically be subject to discharge.

“Under the influence of alcohol” means any alcohol concentration or actions, appearance, speech or bodily odors that reasonably cause a supervisor to conclude that an employee is impaired because of alcohol use.

“Under the influence of drugs” means a confirmed positive test result for illegal drug use per this policy. In addition, it means the misuse of legal drugs (prescription and possibly OTC) when there is not a valid prescription from a physician for the lawful use of a drug in the course of medical treatment (containers must include the patient’s name, the name of the substance, quantity/amount to be taken and the period of authorization).

Prohibiting Conduct Concerning Intoxicating Substances

Responsible, professional, business-like behavior is expected of all employees at all times. Inappropriate, unprofessional behavior associated with intoxicating substance consumption will subject employees to corrective action, up to and including termination from employment.

Whenever employees are working, are operating any Earth Rides, Inc. vehicle, are present on Earth Rides, Inc. premises or are conducting company-related work offsite, they are prohibited from:

  1. Using, possessing, buying, selling, manufacturing or dispensing an illegal drug (to include possession of drug paraphernalia).

  2. Being under the influence of alcohol or an illegal drug as defined in this policy.

  3. Possessing or consuming alcohol.

The presence of any detectable amount of any illegal drug, illegal controlled substance or alcohol in an employee’s body system, while performing company business or while in a company facility, is prohibited.

Earth Rides, Inc. will also not allow employees to perform their duties while taking prescribed drugs that are adversely affecting their ability to safely and effectively perform their job duties. Employees taking a prescribed medication must carry it in a container labeled by a licensed pharmacist or be prepared to produce the container if asked.

Any illegal drugs or drug paraphernalia will be turned over to an appropriate law enforcement agency and may result in criminal prosecution.

Passenger Complaints Alleging Violation of Policy

On receipt of a passenger complaint alleging a violation of this policy, Earth Rides, Inc. will conduct an investigation into the reported incident and immediately suspend the driver’s access to the company’s digital network for the duration of the investigation.

Earth Rides, Inc. will maintain records relevant to a complaint for a period of at least two years after the complaint is received.

Required Testing

Reasonable suspicion

Employees are subject to testing based on (but not limited to) observations by at least two members of management of apparent workplace use, possession or impairment. HR or the Chief Operations Officer should be consulted before sending an employee for testing. Management must use the Reasonable Suspicion Observation Checklist to document specific observations and behaviors that create a reasonable suspicion that an employee is under the influence of illegal intoxicating substances. Examples include:

  • ●  Odors (smell of alcohol, body odor or urine).

  • ●  Movements (unsteady, fidgety, dizzy).

  • ●  Eyes (dilated, constricted or watery eyes, or involuntary eye movements).

  • ●  Face (flushed, sweating, confused or blank look).

  • ●  Speech (slurred, slow, distracted mid-thought, inability to verbalize thoughts).

  • ●  Emotions (argumentative, agitated, irritable, drowsy).

  • ●  Actions (yawning, twitching).

  • ●  Inactions (sleeping, unconscious, no reaction to questions).

    When reasonable suspicion testing is warranted, both management and HR will meet with the employee to explain the observations and the requirement to undergo a drug and/or alcohol test within two hours. Refusal by an employee will be treated as a positive drug test result and will result in immediate termination of employment.

    Under no circumstances will the employee be allowed to drive themselves to the testing facility. A member of management must transport the employee or arrange for a cab and arrange for the employee to be transported home.

    Post-Accident

    Employees are subject to testing when they cause or contribute to accidents that seriously damage an Earth Rides, Inc. vehicle, machinery, equipment or property or that result in an injury to themselves or another employee requiring offsite medical attention. A circumstance that constitutes probable belief will be presumed to arise in any instance involving a work-related accident or injury in which an employee who was operating a motorized vehicle is found to be responsible for causing the accident. In any of these instances, the investigation and subsequent testing must take place within two hours following the accident, if not sooner. Refusal by an employee will be treated as a positive drug test result and will result in immediate termination of employment.

Under no circumstances will the employee be allowed to drive themselves to the testing facility. A member of management must transport the employee or arrange a ride and arrange for the employee to be transported home.

Collection and Testing Procedures

Employees subject to alcohol testing will be transported to an Earth Rides, Inc.-designated facility and directed to provide breath specimens. Breath specimens will be tested by trained technicians using federally approved breath alcohol testing devices capable of producing printed results that identify the employee. If any breath alcohol concentration is found, a second breath specimen will be tested approximately 20 minutes later. The results of the second test will be determinative. Alcohol tests may, however, be a breath, blood or saliva test, at the company’s discretion. For purposes of this policy, test results generated by law enforcement or medical providers may be considered by the company as work rule violations.

Employees subject to drug testing will be transported to an Earth Rides, Inc.-designated testing facility and directed to provide urine specimens. Employees may provide specimens in private unless they appear to be submitting altered, adulterated or substitute specimens. Collected specimens will be sent to a federally certified laboratory and tested for evidence of marijuana, cocaine, opiates, amphetamines, PCP, benzodiazepines, methadone, methaqualone and propoxphane use. (Where indicated, specimens may be tested for other illegal drugs.) The laboratory will screen all specimens and confirm all positive screens. There must be a chain of custody from the time specimens are collected through testing and storage.

The laboratory will transmit all positive drug test results to a medical review officer (MRO) retained by Earth Rides, Inc., who will offer individuals with positive results a reasonable opportunity to rebut or explain the results. Individuals with positive test results may also ask the MRO to have their split specimen sent to another federally certified laboratory to be tested at the applicant’s or employee’s own expense. Such requests must be made within 72 hours of notice of test results. If the second facility fails to find any evidence of drug use in the split specimen, the employee will be treated as passing the test. In no event should a positive test result be communicated to Earth Rides, Inc. until such time that the MRO has confirmed the test to be positive.

Consequences for Policy Violation

Employees who refuse to cooperate in required tests or who use, possess, buy, sell, manufacture or dispense an illegal drug in violation of this policy will be terminated. If the employee refuses to be tested, yet the company believes he or she is impaired, under no circumstances will the employee be allowed to drive themself home.

Employees who test positive, or otherwise violate this policy, will be subject to discipline, up to and including termination. Depending on the circumstances, the employee’s work history/record and any state law requirements, Earth Rides, Inc. may offer an employee who violates this policy or tests positive the opportunity to return to work on a last-chance basis pursuant to mutually agreeable terms, which could include follow-up drug testing at times and frequencies determined by Earth Rides, Inc. for a minimum of one year but not more than two years as well as a waiver of the right to contest any termination resulting from a subsequent positive test. If the employee either does not complete the rehabilitation program or tests positive after completing the rehabilitation program, the employee will be immediately discharged from employment.

Employees will be paid for time spent in alcohol or drug testing and then suspended pending the results of the drug or alcohol test. After the results of the test are received, a date and time will be scheduled to discuss the results of the test; this meeting will include a member of management and HR. Should the results prove to be negative, the employee will receive back pay for the times/days of suspension.

Employee Assistance

Earth Rides, Inc. will assist and support employees who voluntarily seek help for drug or alcohol problems before becoming subject to discipline or termination under this or other Earth Rides, Inc. policies. Such employees will be allowed to use accrued paid time off (if available), placed on leaves of absence, referred to treatment providers and otherwise accommodated as required by law. Employees may be required to document that they are successfully following prescribed treatment and to take and pass follow-up tests if they hold jobs that are safety-sensitive or require driving, or if they have violated this policy previously. Once a drug test has been initiated under this policy, unless otherwise required by the Family and Medical Leave Act or the Americans with Disabilities Act, the employee will have forfeited the opportunity to be granted a leave of absence for treatment, and will face possible discipline, up to and including discharge.

Employees should report to work fit for duty and free of any adverse effects of illegal drugs or alcohol. This policy does not prohibit employees from the lawful use and possession of prescribed medications. Employees must, however, consult with their doctors about the medications’ effect on their fitness for duty and ability to work safely, and they must promptly disclose any work restrictions to their supervisor.

Confidentiality

Information and records relating to positive test results, drug and alcohol dependencies, and legitimate medical explanations provided to the MRO will be kept confidential to the extent required by law and maintained in secure files separate from normal personnel files. Such records and information may be disclosed among managers and supervisors on a need-to-know basis and may also be disclosed when relevant to a grievance, charge, claim or other legal proceeding initiated by or on behalf of an employee or applicant.

Inspections

Earth Rides, Inc. reserves the right to inspect all portions of its premises for intoxicating substances or other contraband. All employees, contract employees and visitors may be asked to cooperate in inspections of their persons, work areas and property that might conceal intoxicating substances or other contraband. Employees who possess such contraband or refuse to cooperate in such inspections are subject to appropriate discipline, up to and including discharge.