EMPLOYEE DRUG TESTING
This Company has adopted testing practices to identify associates who use illegally use drugs on or off the job or who abuse alcohol on the job. It shall be a condition of employment for all associates to submit to substance abuse testing under the following circumstances:
1. When there is reasonable suspicion to believe that an associate illegally uses drugs or abusing alcohol. 'Reasonable suspicion' is based on a belief that an associate is using or has used drugs or alcohol in violation of the employer's policy drawn from specific objective and particularly facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon, but not limited to:
a. Observable phenomena while at work such as direct observation of substance abuse or of the physical symptoms or manifestations of being impaired due to substance abuse;
b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance;
c. A report of substance abuse provided by a reliable and credible source;
d. Evidence that an individual has tampered with any substance abuse test during his or her employment with the current employer;
e. Information that an associate has caused or contributed to an accident while at work; or
f. Evidence that an associate has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery or equipment.
2. When associates have caused or contributed to an on-the-job injury that resulted in a loss of work-time, which means any period of time during which an associate stops performing the normal duties of employment and leaves the place of employment to seek care from a licensed medical provider. An employer may send associates for a substance abuse test if they are involved in on-the-job accidents where personal injury or damage to company property occurs.
3. As part of a follow-up program to treatment for drug abuse.
4. Routine fitness-for-duty drug or alcohol testing. A covered employer must require an associate to submit to a drug or alcohol test if the test is conducted as part of a routinely scheduled associate fitness-for-duty medical examination where the examinations are required by; law, regulation, are part of the covered employer's established policy, or one that is scheduled routinely for all members of an employment classification group.
5. For the added safety and health of SW & Sons USA, Inc. associates, as well as the direct impact on profitability, image, and reputation as a drug free organization, all associates are subject to random, unannounced drug tests at any time the company deems necessary to ensure a Drug Free Workplace. The rate of random selection will be a percentage of the annual average associate base. Every associate has an equal chance of being chosen anytime a random selection is made.