Drug-Free Workplace Policy

The Squaxin Island Tribe is an equal opportunity employer.

Philosophy and Purpose
Scope
Prohibitions
Employee Assistance Programs
Consequences of a Positive Test Result
Consequences of All Other Policy Violations
Testing
Testing Procedures
Appeal Procedure
Use of Prescribed and Over-the-Counter Drugs
Rehabilitation Treatment
Inspections
Refusal to Cooperate
Educations and Training
Detection levels

Philosophy and Purpose
The Squaxin Island Tribe believes in and is committed to providing a safe work environment that is free from the harmful effects of substance abuse.

The purpose of this policy is to communicate the Squaxin Island Tribe standards on employee use of alcohol and drugs, to guide employee conduct in order to ensure a safe and efficient work environment, to protect employees and Tribal assets from injury or damage caused by an employee who is under the influence of drugs and to promote the greatest efficiency of the work force.

Scope
This policy applies to all employees of the Squaxin Island Tribe. Compliance with all elements of this policy is a condition of initial and continued employment.

Prohibitions
The following conduct by any employee is prohibited and will result in disciplinary action, up to and including discharge:

  1. The use, possession, sale, distribution or being under the influence of illegal drugs or alcohol while on Tribal property, while performing Tribal business in any location, or in a company vehicle.
  2. The use, possession, sale, distribution or being under the influence of illegal drugs or alcohol off the job when such use adversely affects the employee’s on-the-job performance, behavior or the company’s reputation or product quality.
  3. The use of prescription or over-the-counter medication that is contrary to its intended use or used on the job without prior advanced notice and approval in accordance with Article X of this policy.
  4. The conviction of an employee for an illegal drug or alcohol related crime on or off the job. Employees are required to notify the Human Resources Department of any Criminal Drug statue convictions no later than five (5) days after such conviction.

Failure to pass a drug and/or alcohol test is a prohibited act.

Employee Assistance Programs
It is our intent to encourage and support employee recovery from substance abuse before the harmful effects of such use threatens the safety and health of the employee, his/her co-workers and the viability of the business. To assist employees in effectively dealing with problems of drugs and/or alcohol, or for other personal or emotional problems, the Squaxin Island Tribe has established an Employee Assistance Program EAS. Our EAS provider is available 24 hours a day to assist employees and their family members without charge. Contact your supervisor or Human Resources Department.

It is the sole responsibility of each employee to seek help before drug or alcohol problems cause the employee to violate this policy or otherwise adversely affect his or her employment with the Squaxin Island Tribe.

An employee’s decision to seek appropriate professional assistance through the EAS will be confidential and will not be used as a basis for disciplinary action. However, the intent to use or the actual use of the EAS will not excuse the employee from complying with all provisions of this policy or exempt an employee from discipline for a policy violation.

Consequences of a Positive Test Result
Any employee who registers a positive test result is subject to discipline, up to and including discharge. The employee may continue employment only by entering into and abiding by all terms and conditions of a Continued Employment Plan. Refusal by the employee to agree to all terms or failure by the employee to comply with all terms and conditions of the Continued Employment Plan will result in the Employee’s termination.

The Continued Employment Plan includes the following requirements:

  1. Agreement by the employee to be assessed by a drug/alcohol counselor of the Squaxin Island Tribe or the Employee Assistance Program provided by the Tribe.
  2. Agreement by the employee to release his/her counselor to discuss his/her findings and recommendations with the Squaxin Island Tribe Human Resource Department.
  3. Participation by the employee in all treatment recommended by the counselor, which may include referral to an in-patient and/or out patient rehabilitation facility as well as all follow up treatment recommendation, such as Alcohol Anonymous meetings.
  4. Agreement by the employee to abstain from alcohol and/or drugs, as required by the counselor.
  5. Agreement by the employee to release all counselors and treatment facilities to discuss the employee’s progress of recovery and adherence to program requirements with appropriate Human Resource and Supervisory Staff.
  6. Agreement by the employee to unannounced, unscheduled follow up testing for up to 24 months following the employee’s return to work.

An employee, who voluntarily seeks assistance for a substance abuse problem before such a problem results in a violation of this policy, will not be subject to disciplinary action under this section. The Squaxin Island Tribe, however, reserves the right to administer appropriate disciplinary action for incidents occurring prior to or after the request for assistance, if such actions or conduct violates this policy or other work rules or standards of the Tribe.

Consequence of All Other Policy Violations
An employee who is found in violation of any policy prohibitions other than a positive test result will be subject to discharge. Any applicant who refuses to consent to the drug test, to comply with all testing procedures and requirements or to pass the test will not be hired.

Testing
Testing for drugs and alcohol will be conducted under the following circumstances:

  1. Pre-Employment. Every applicant who is extended an offer of employment will be required, as a condition of employment, to submit to and pass a test for the presence of illegal drugs. The test will be administered at the conclusion of the drug and alcohol class described below (see Education and Training, p.11).
  2. Post-Accident Testing. An employee will be required to submit to a drug and alcohol test if the worker suffers a reportable injury as a result of an on-the-job accident or the employee’s job performance, actions or conduct either contributed to an accident or cannot be completely discounted as a contributing factor to an accident. Testing will also be required if the employee’s conduct resulted in or contributed to damage to Tribal property or injury to another individual, even if the employee was not injured as a result of the incident. The employee must provide a sample of his/her urine, hair or breath when seeking medical treatment.
  3. Reasonable Cause. An employee will be required to submit to a drug and alcohol test when the Squaxin Island Tribe has reasonable cause to believe that the employee is under the influence of alcohol, an illegal drug or other prohibited substance.
  4. Three no-call/no-shows. An employee will be required to submit to a drug and alcohol test when the employee has three no-call/no-shows within a one-year period. Upon a first no-call/no-show, the employee will receive a verbal warning. Upon the second no-call/no-show within a one-year period, the employee will receive a written warning. Upon the third no-call/no-show within a one-year period, the employee will be suspended and be tested for drugs and/or alcohol. Refusal to submit to testing will subject the employee to dismissal.
  5. Follow-up. An employee who is returning to duty in accordance with a Continued Employment Plan will be subject to unannounced, unscheduled testing for not more than twenty-four (24) months. The timing and number of the tests will be at the sole discretion of the Employer.
  6. Different or additional testing procedures may be applied to certain positions due to safety or other needs. Individuals who are offered such positions will be notified of the special drug and alcohol testing procedures applicable to that position.

An employee tested under any of the above provisions who fails the drug/alcohol test will be subject to the Consequences of a Positive Test Result as outlined above.

Testing Procedures
To ensure that collection and testing procedures performed under this policy are accurate, fair and dignified, such collection and testing procedures used will adhere to the regulation and procedures approved by the U.S. Department of Health and Human Services and the U.S. Department of Transportation regulations.

The following procedures will be followed in testing employees:

  1. The Squaxin Island Tribe will provide transportation to and from the specimen collection site for any reasonable-suspicion or post-accident test of an employee. Applicants for initial employment and employees subject to follow-up testing in accordance with a Continued Employment Plan will provide their own transportation to and from the testing facility.
  2. The collection facility will use procedures that will ensure that the results of all specimens are properly matched with the provider of that specimen.
  3. All specimens with an initial positive test result for both applicants and employees will be subjected to a confirmation test to ensure the validity of the initial test results.
  4. A positive test result of any employee will only be communicated to the Squaxin Island Tribe Human Resource Department.
  5. All information regarding drug test results, rehabilitation, EAS counseling, etc., will be placed in the employee’s medical file and kept separate from all other personnel related data.

Appeal Procedure
An employee who provides a positive specimen may, within three (3) calendar days of receipt of the test results, request the Medical Review Officer (MRO) to conduct a retest of the original sample, at either the original laboratory or at a Substance Abuse and Mental Health Services Administration (SAMHSA) certified laboratory. The request must be in writing. The covered employee is responsible for all costs associated with the additional test.

Use of Prescribed and Over-the-Counter Drugs
The use of drugs that are lawfully obtained and properly used is permitted, provided that such use does not interfere with the employee’s ability to perform the essential functions of his/her job safely and productively. Any employee taking prescribed medication or over-the-counter-drugs that may impair his/her ability to work safely and/or effectively must notify the Human Resources Department prior to beginning work. Such medication may include, but is not limited to, that which warns the user not to operate motor vehicles or heavy equipment while taking the drug or warns that the drug may cause drowsiness. The Squaxin Island Tribe may seek assistance from the Medical Review Officer if question arise as to the effects of any over-the-counter drug on the employee’s ability to work safely and productively.

If required to take prescription medication, it is the sole responsibility of the employee to ask his or her physician, prior to reporting to work, whether the prescribed medication may impair his or her job performance, A written statement from the employee’s physician stating that the employee is capable of working safely and effectively must be presented to the supervisor prior to the employee beginning work. The physician’s statement need not identify the name of the drug or reason for the prescription. The Squaxin Island Tribe will attempt to accommodate any job limitations that are noted by the physician, unless to do so would pose a hardship on the Tribal operations.

Employees must keep all prescription medication in its original container, which states the employee’s name, identifies the drug, date of prescription and prescribing physician.

Failure by the employee to notify the Squaxin Island Tribe (or immediate supervisor) prior to working, of the use of prescribed or over-the-counter medication will result in discipline, up to and including discharge. The employee may continue employment only by entering into and abiding by all terms and conditions of a Continued Employment Plan. Refusal by the employee to agree to all terms or failure by the employee to comply with all terms and conditions of the Continued Employment Plan will result in the Employee’s termination.

Washington and other state laws permit certain medical providers to advise their patients on the use of marijuana for certain medical conditions. These laws do not, however, allow medical providers to prescribe marijuana for their patients. The written advice of a physician regarding the use of marijuana to treat medical conditions under Washington or other state law constitutes a prescription for the purposes of this policy.

Rehabilitation Treatment
A leave of absence will be granted for prescribed in-patient and/or outpatient treatment to any employee who voluntarily seeks treatment for substance abuse prior to having been discovered in violation of this policy. An employee will be granted up to six (6) weeks (up to 12 weeks if Family Medical Leave eligible if applicable) to fulfill all rehabilitation commitments recommended by their attending counselors. An employee who returns to work from rehabilitation leave within the required time will be returned to his/her prior position.

A leave of absence for rehabilitation will be granted to those employees who enter into a Continued Employment Plan.

Inspections
If the Squaxin Island Tribe Human Resource and/or Supervisor has reason to believe that an employee is in possession or control of alcohol, illegal drugs or unauthorized prescription or over-the-counter medication, the Tribe may conduct a search of the employee’s workplace and personal property. Employees are required to cooperate when searches are conducted.

Refusal to Cooperate
Refusal by an employee to consent, immediately upon request, to a test for the presence of alcohol illegal drugs or prescribed medication, to consent to an inspection of his or her workplace or personal property or to otherwise fully cooperate in any investigation will constitute insubordination and result in immediate termination.

An employee who refuses a test may avoid termination only by immediately agreeing to seek professional assistance through the EAS and entering into a Continued Employment Plan.

Education and Training
To educate both new and current employees on the dangers of drug and alcohol use and abuse, the Squaxin Island Tribe may present periodic drug and alcohol training.

All new employees hired after the effective date of this policy must complete a drug and alcohol class provided by the Tribe. The class will run for approximately fourteen (14) weeks, will be provided free of cost to employees, and employees will be compensated at their regular hourly wage for attendance of the class. No employee will be considered to have completed his or her introductory period until he or she has completed this drug and alcohol class and passed the required drug and alcohol testing.

Detection Levels

Under The Influence means an employee’s test results register at or above the following detection levels:

Drug Initial Confirmation
Amphetamines 1000 NG/ML 500 NG/ML
Opiate Metabolites 300 NG/ML 300 NG/ML
Cocaine Metabolites 300 NG/ML 150 NG/ML
Phencyclidine 25 NG/ML 25 NG/ML
Marijuana Metabolites 50 NG/ML 15 NG/ML
Alcohol .04 BAC .04 BAC