[{"id":"4bce22fb-ff01-4ce7-b9c3-b318505101db","order":1,"text":"ZERO-TOLERANCE DRUG AND ALCOHOL POLICY","fontSize":"20","textAlign":"center","bold":true,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"5916a509-d22a-4572-9f82-e5898c324440","order":2,"text":"Substance Abuse Policy for Safety-Sensitive and Corporate Personnel","fontSize":"14","textAlign":"center","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"32685676-fcfc-4a51-b366-f532cb8cf951","order":3,"text":"[Company legal name]","fontSize":"16","textAlign":"center","bold":true,"underline":false,"marginBottom":"2","cflou":false,"active":true},{"id":"8152b826-3513-4375-bf06-b95c4cecd082","order":4,"text":"[Company address]
[City, State, ZIP]","fontSize":"12","textAlign":"center","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"75884a9f-f1c7-4bb6-86a4-09555f22014e","order":5,"text":"Effective Date: [Effective date]","fontSize":"12","textAlign":"center","bold":true,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"a2f2dbaf-4e20-472a-a9f5-9b112a94d768","order":6,"text":"1. PURPOSE AND POLICY STATEMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S01"},{"id":"bd774bba-a67e-4d4f-9b11-1fc0a936c2ca","order":7,"text":"[Company legal name] (the "Company") is committed to maintaining a safe, healthy, productive, and drug-free work environment for all employees, contractors, customers, and visitors. The unlawful or unauthorized use, possession, sale, distribution, manufacture, dispensation, or being under the influence of alcohol, illegal drugs, controlled substances, or impairing substances in the workplace poses an unacceptable risk to the safety of personnel, the integrity of the Company's operations, and the well-being of the communities the Company serves.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4cbea3c2-63cf-4310-803d-af87c0f8ac9f","order":8,"text":"This Zero-Tolerance Drug and Alcohol Policy (the "Policy") establishes the Company's expectations and the consequences of non-compliance. The Company operates a mixed workforce that includes both corporate and safety-sensitive personnel, and this Policy is designed to comply with applicable federal, state, and local law, including, where applicable, the regulations of the U.S. Department of Transportation ("DOT"). The Policy reflects the Company's good-faith effort to deter substance abuse while respecting the rights and dignity of its employees.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e0c53f24-1ddd-4588-b87d-43e6a15ca151","order":9,"text":"Nothing in this Policy is intended to create a contract of employment or to alter the at-will nature of employment, where applicable. The Company reserves the right to interpret, modify, suspend, or revoke this Policy, in whole or in part, at any time, with or without notice, to the extent permitted by law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"01c92e2b-0c38-4b4e-bdc9-4f95bc4929c5","order":10,"text":"2. SCOPE AND APPLICATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S02"},{"id":"c3b8a241-e9ac-4114-bcf4-1ab22486ad72","order":11,"text":"This Policy applies to all employees of the Company, including full-time, part-time, temporary, probationary, and seasonal employees, as well as to applicants for employment, and, where contractually agreed, to independent contractors, consultants, agents, and volunteers performing services for or on behalf of the Company. The Company is engaged in the [Industry / sector] sector and employs approximately [Approx. number of employees] personnel across its operations.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c64aa788-456d-45a7-a4dd-f8e7d78e9868","order":12,"text":"This Policy applies whenever an individual is: (a) on Company premises or worksites, including parking areas and Company-controlled property; (b) operating a Company vehicle, machinery, or equipment; (c) on duty or on call, regardless of location; (d) representing the Company in any capacity; or (e) at a Company-sponsored event where work is being performed or the individual is identifiable as Company personnel.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7b0b0cca-edb0-4680-b053-ef95067490a2","order":13,"text":""Safety-Sensitive Position" means any position in which the employee's impairment, even momentarily, could cause death, injury, or significant property or environmental damage, including without limitation positions requiring the operation of motor vehicles, heavy machinery, or hazardous equipment, and any position designated as safety-sensitive by the Company or governed by DOT regulations (49 C.F.R. Part 40 and related agency rules). Employees in DOT-regulated Safety-Sensitive Positions are subject to additional federal testing requirements as described below.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"05496309-7142-479e-8cc7-4f2369b682f7","order":14,"text":"3. DEFINITIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S03"},{"id":"cb80a084-d6cd-4a77-ac8b-a1e8abc72f19","order":15,"text":"For purposes of this Policy, the following definitions apply:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"795636d9-4eba-4043-b047-a457e1adaa22","order":16,"text":"(a) "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low-molecular-weight alcohols, including methyl and isopropyl alcohol.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"3a6d8f3c-4aed-4f98-a730-8b1a8ffe1865","order":17,"text":"(b) "Controlled Substance" means any substance listed in Schedules I through V of the Controlled Substances Act (21 U.S.C. § 812) and the regulations thereunder, as amended.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"e40395ec-00fd-4c8f-820f-4ef3ad538b21","order":18,"text":"(c) "Illegal Drug" means any drug or controlled substance the use, possession, sale, or distribution of which is unlawful under federal law, or any legal drug used in a manner inconsistent with its lawful prescription or label.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"eccf7d29-3cf5-4325-978c-1165df8d5918","order":19,"text":"(d) "Under the Influence" means a state in which an individual's normal physical or mental faculties are measurably impaired, or in which the individual's tested specimen contains a concentration of alcohol or a drug at or above the threshold established by this Policy or applicable law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"b8eca14b-a177-452f-b6ad-f056403f3418","order":20,"text":"(e) "Reasonable Suspicion" means an articulable belief, based on specific, contemporaneous, and objective facts and reasonable inferences drawn from those facts, that an individual is or has been using alcohol or drugs in violation of this Policy.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"a5c509e6-17e4-4807-9bef-6260b73ca689","order":21,"text":"(f) "Medical Review Officer" or "MRO" means a licensed physician responsible for receiving and reviewing laboratory results and evaluating medical explanations for certain drug-test results.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"dfa7bdf0-faf2-4adb-94de-d9fe84abbfa1","order":22,"text":"(g) "Prohibited Concentration" means, for alcohol, a concentration of [Alcohol concentration limit] or greater as measured by an evidential breath-testing device or equivalent, and for drugs, any confirmed concentration at or above the applicable cutoff level.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"470b3081-b0bb-4560-bf97-d9bc94c99745","order":23,"text":"4. PROHIBITED CONDUCT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S04"},{"id":"2ee852aa-e8a7-4e67-a14e-f34e08e6a835","order":24,"text":"The following conduct is strictly prohibited and constitutes a violation of this Policy. The Company maintains a zero-tolerance standard with respect to the conduct described below:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"8fd02927-2f1c-4edd-ba63-3b989996d7ab","order":25,"text":"(a) Reporting to work, or being on duty or on Company premises, while Under the Influence of alcohol, an Illegal Drug, or any impairing substance;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"ff7fb569-d28d-407f-8c3e-8ac08514517a","order":26,"text":"(b) The use, possession, custody, sale, purchase, transfer, distribution, manufacture, dispensation, or concealment of alcohol, Illegal Drugs, Controlled Substances, or drug paraphernalia on Company premises, in Company vehicles, or while on duty;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"d8906c9f-ef85-4a93-b8a2-106dd584cbed","order":27,"text":"(c) Consuming alcohol during working hours, including meal and rest periods, except at a Company-authorized function where alcohol is expressly permitted and consumed responsibly;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"175dc6e8-0914-4536-a5cf-612b8039b872","order":28,"text":"(d) The misuse of any legally prescribed or over-the-counter medication in a manner that impairs the employee's ability to perform job duties safely;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"375426ac-3aa8-4265-af22-f50921046b26","order":29,"text":"(e) Refusing to submit to, tampering with, adulterating, substituting, or otherwise interfering with any test required under this Policy, each of which shall be treated as a positive test result and a separate violation;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"4192cfb1-bced-4155-99c9-ef1bf79d1073","order":30,"text":"(f) Failing to notify a supervisor, before performing any safety-sensitive function, of the use of any prescription or over-the-counter medication that carries a warning against operating machinery or that may cause impairment; and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"741cea09-5ca9-421c-acf3-b2bceb805844","order":31,"text":"(g) Retaliating against any individual who, in good faith, reports a suspected violation, participates in an investigation, or seeks assistance under this Policy.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"0a6fc895-86f7-46d5-bc2f-eea634105088","order":32,"text":"5. DRUG AND ALCOHOL TESTING","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S05"},{"id":"a7e499d4-26fa-4d0a-9a8b-e595c7e81a38","order":33,"text":"The Company conducts drug and alcohol testing as set forth below, in accordance with applicable law. All testing shall be performed by a qualified collection site and a laboratory certified by the U.S. Department of Health and Human Services (where applicable), and confirmed results shall be reviewed by a Medical Review Officer before any adverse action is taken on the basis of a non-negative drug test. Testing services for the Company are administered through [Testing laboratory / TPA name], and laboratory results are reviewed by Medical Review Officer [Medical Review Officer name].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3701190c-475d-48ff-ac81-5acc514f2f3c","order":34,"text":"The Company tests for, at a minimum, marijuana metabolites, cocaine, amphetamines, opioids, and phencyclidine, and may test for any additional substances permitted by law. Alcohol testing is conducted by evidential breath-testing device or other lawful method. A confirmed result at or above the applicable cutoff, or an alcohol concentration of [Alcohol concentration limit] or greater, constitutes a positive result.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"06fdd16e-6ae8-44a7-bb75-ef1c9049d4f7","order":35,"text":"The Company will authorize and conduct testing under the following circumstances, each described below where applicable.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"f64d8f61-9096-42c6-9b14-2e85e095df47","order":36,"text":"Pre-Employment Testing. Applicants to whom a conditional offer of employment has been extended must submit to and pass a drug test before commencing work. A confirmed positive result, or a refusal to test, will result in withdrawal of the conditional offer, to the extent permitted by applicable law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"fbf2aab5-6440-4c4c-b18b-322a62e9b8d2","value":"pre","type":"add","operator":"="}]},{"id":"daf340f4-f161-4f0f-9fcb-7018edb5b1e6","order":37,"text":"Reasonable Suspicion Testing. An employee will be required to submit to testing when a trained supervisor or manager has Reasonable Suspicion that the employee is in violation of this Policy. The basis for the suspicion shall be documented in writing as soon as practicable. The employee will be relieved from duty pending results and will not be permitted to drive himself or herself from the worksite.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"fbf2aab5-6440-4c4c-b18b-322a62e9b8d2","value":"rs","type":"add","operator":"="}]},{"id":"ee065243-3375-4433-91dd-b043e2bf08a6","order":38,"text":"Post-Accident Testing. An employee involved in a work-related accident or incident will be required to submit to testing where the accident results in a fatality, bodily injury requiring medical treatment away from the scene, disabling damage to a vehicle or equipment, or where the employee's conduct may have contributed to the accident, subject to the threshold described below. Testing shall be conducted as soon as practicable following the accident.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"fbf2aab5-6440-4c4c-b18b-322a62e9b8d2","value":"pa","type":"add","operator":"="}]},{"id":"00f5efc2-938f-4a90-b7e1-0c61c4d05be8","order":39,"text":"Random Testing. Employees in Safety-Sensitive Positions are subject to unannounced random testing conducted on a scientifically valid, random-selection basis such that each covered employee has an equal probability of selection. The selection and testing rates are set forth below. No advance notice of random selection will be given.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"fbf2aab5-6440-4c4c-b18b-322a62e9b8d2","value":"rand","type":"add","operator":"="}]},{"id":"5a11055f-d8b2-4ae6-a223-0aa4d23ce9ba","order":40,"text":"Return-to-Duty and Follow-Up Testing. An employee who has violated this Policy and who is permitted to return to work, in the Company's discretion and where required by law, must first pass a return-to-duty test and will thereafter be subject to a program of unannounced follow-up testing for a period determined by the Company or a Substance Abuse Professional, consistent with applicable regulations.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"fbf2aab5-6440-4c4c-b18b-322a62e9b8d2","value":"rtd","type":"add","operator":"="}]},{"id":"63dad132-4a93-461c-b5a9-e303dcc2b2dc","order":41,"text":"All specimen collection, chain-of-custody, and testing procedures will be conducted in a manner designed to protect employee privacy and the integrity and confidentiality of the testing process. An employee will be given the opportunity to provide a legitimate medical explanation for a non-negative result to the MRO and, where applicable, may request a test of the split specimen at his or her own expense.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"a6342946-0125-4a2d-bf34-ab3fbb2ca8a8","order":42,"text":"6. SAFETY-SENSITIVE AND DOT-REGULATED PERSONNEL","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S06"},{"id":"b09f4334-6817-49a9-946f-c143e37fd6f6","order":43,"text":"Because the Company operates a mixed workforce that includes Safety-Sensitive Positions, the following additional provisions apply to employees in such positions. Where an employee is subject to DOT regulations (49 C.F.R. Part 40 and the rules of the applicable DOT operating administration), those federal requirements govern the conduct, procedures, cutoff levels, and consequences of testing, and this Policy is to be read consistently with them. In the event of any conflict between this Policy and an applicable DOT regulation as to a DOT-regulated employee, the DOT regulation controls.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"96d2a592-6291-4e93-9acf-9cd8d94bb535","order":44,"text":"Random Testing Rates. The annual random testing rate for controlled substances is [Annual random drug-testing rate (%)] of the average number of covered employee positions, and the annual random testing rate for alcohol is [Annual random alcohol-testing rate (%)], or such higher minimum rate as the applicable DOT operating administration may require from time to time.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"fbf2aab5-6440-4c4c-b18b-322a62e9b8d2","value":"rand","type":"add","operator":"="}]},{"id":"42cb8c59-d3f7-4dd9-a2f9-5b8083be6f8d","order":45,"text":"Post-Accident Threshold. Following a qualifying accident, a safety-sensitive employee will be tested where the circumstances meet the criteria described above, and in any event where required by the applicable DOT operating administration. The Company will document the basis for each post-accident testing decision. Where the Company applies an internal property-damage threshold for non-DOT accidents, that threshold is [Property-damage threshold for non-DOT post-accident testing].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"fbf2aab5-6440-4c4c-b18b-322a62e9b8d2","value":"pa","type":"add","operator":"="}]},{"id":"f7a24b46-6761-46bb-9088-06508862733c","order":46,"text":"Removal from Duty. A safety-sensitive employee who tests positive, who refuses to test, or who is otherwise determined to have violated this Policy will be immediately removed from all safety-sensitive functions and will not be returned to such functions unless and until the applicable return-to-duty requirements and applicable law have been satisfied.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"40ebed54-fecd-4112-803c-e9ec6bd9cdaa","order":47,"text":"7. PRESCRIPTION AND OVER-THE-COUNTER MEDICATIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S07"},{"id":"1db92527-8bc5-4ebb-9ad7-d4b8fc6a6fdf","order":48,"text":"The lawful use of a validly prescribed medication or an over-the-counter medication is not prohibited by this Policy, provided that such use does not impair the employee's ability to perform job duties safely and does not endanger the employee or others. An employee who is taking any medication that carries a warning that it may impair judgment, coordination, or the safe operation of vehicles or machinery must, before performing any safety-sensitive function, disclose that fact to his or her supervisor or to Human Resources, without disclosing the underlying medical condition. The Company will treat such disclosures confidentially and will engage in the interactive process and provide reasonable accommodation as required by the Americans with Disabilities Act and applicable state law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"c26db43f-c78b-41d3-8fe0-812153874556","order":49,"text":"8. MARIJUANA AND APPLICABLE STATE LAW","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S08"},{"id":"c67a21c8-deb5-4e6e-8ece-a4775904845b","order":50,"text":"Marijuana remains a Schedule I Controlled Substance under federal law. However, the Company's treatment of marijuana will be governed by the law of [Governing state] (the "Governing State") and any other state in which an affected employee works, to the extent such law affords protections to employees who lawfully use marijuana off duty or who hold a valid medical-marijuana authorization. The Company will not take adverse action against an employee solely on the basis of conduct that is protected under the law of the Governing State.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"37e8f2c0-3663-4643-90f0-926e91021fbe","order":51,"text":"Notwithstanding the foregoing, the Company at all times prohibits the possession, use, or being Under the Influence of marijuana while on duty, on Company premises, or while performing any safety-sensitive function, and nothing in the law of the Governing State requires the Company to permit on-duty impairment. Employees in DOT-regulated Safety-Sensitive Positions remain subject to the federal prohibition on marijuana use without exception, regardless of state law, and a state medical-marijuana authorization is not a valid defense to a positive DOT drug test.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"413964d2-7672-442f-b76f-dfe6dd118c30","order":52,"text":"9. VOLUNTARY SELF-DISCLOSURE AND EMPLOYEE ASSISTANCE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S09"},{"id":"0e027de5-1ac9-459f-b836-c509c4590d1d","order":53,"text":"The Company encourages any employee who has a substance-abuse problem to seek assistance voluntarily before the problem affects job performance, safety, or results in a Policy violation. An employee who, on his or her own initiative and before being selected for testing or being asked to test, voluntarily discloses a substance-abuse problem and requests assistance will not be subject to discipline solely on the basis of that disclosure, provided the employee thereafter complies with the terms of any treatment or rehabilitation program and refrains from further violations. Voluntary self-disclosure does not excuse a prior or subsequent Policy violation, nor does it relieve an employee of the obligation to meet all performance and conduct standards.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4117b827-b196-4b72-974f-12ed91506135","order":54,"text":"The Company makes available a confidential Employee Assistance Program through [EAP provider name], which offers counseling, assessment, and referral services to employees and, where applicable, their eligible dependents. Participation in the program is confidential to the extent permitted by law and does not affect an employee's job security or advancement opportunities, except as may be required by safety considerations and applicable law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"e6b5faaf-ffee-4fe8-9c85-b74a4cd7eee9","value":"no","type":"remove","operator":"="}]},{"id":"d903dd15-32b7-4160-92b8-cb7af60a2a44","order":55,"text":"Employees seeking assistance are encouraged to contact Human Resources or to use the resources made available by the Company. Seeking assistance will not be used as a basis for adverse employment action where the employee is otherwise in compliance with this Policy.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"219663a9-a2a0-4379-a161-8a3d0694cf9d","order":56,"text":"10. CONSEQUENCES OF VIOLATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S10"},{"id":"e36a11c1-150a-4668-b1f3-184bcc5fdcc8","order":57,"text":"Consistent with its zero-tolerance standard, the Company will treat any violation of this Policy as a serious matter that may result in disciplinary action up to and including immediate termination of employment, even for a first offense, subject to applicable law. In determining the appropriate response, the Company may consider the nature and severity of the violation, the position held by the employee, the risk posed to safety, and any applicable legal requirements. A refusal to test, or an adulterated, substituted, or tampered specimen, will be treated as a positive result and may itself warrant termination.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5a3499b8-a686-4055-b4a0-046d69a9ce5d","order":58,"text":"An applicant who tests positive or refuses to test will not be hired, to the extent permitted by law. Nothing in this Section limits the Company's right to take any other lawful action, including reporting suspected criminal conduct to law-enforcement authorities and pursuing any available civil remedies.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"6977e6bb-d968-4505-82de-69bee4212c62","order":59,"text":"11. SEARCHES AND INSPECTIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S11"},{"id":"8d382b25-e82d-4525-b83e-a50913a64fd4","order":60,"text":"To maintain a safe and drug-free workplace, the Company reserves the right, to the extent permitted by law and upon reasonable suspicion or as part of a lawful inspection program, to inspect and search Company property and, with appropriate justification, personal effects brought onto Company premises, including lockers, desks, vehicles, bags, and containers. Company-provided lockers, desks, and storage areas remain the property of the Company, and employees should have no expectation of privacy in such areas. Refusal to cooperate with a lawful search may result in disciplinary action up to and including termination.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"f56d8371-7a5b-4038-a0a7-b9fc9bcde40c","order":61,"text":"12. CONFIDENTIALITY AND RECORDKEEPING","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S12"},{"id":"9feecb99-8fd1-4594-86e8-b94ac4030181","order":62,"text":"All records relating to drug and alcohol testing, including test results, medical information, and records of participation in treatment programs, are confidential and will be maintained separately from an employee's general personnel file, with access limited to those with a legitimate need to know. The Company will not disclose such records except as authorized by the employee in writing, as required to administer this Policy, or as required or permitted by law, including the requirements applicable to DOT-regulated testing records. The Company will handle all personal and medical data in accordance with applicable privacy laws.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"ddccf034-7ea4-42df-97f4-bb1bf83fa877","order":63,"text":"13. EMPLOYEE RIGHTS AND NON-RETALIATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S13"},{"id":"afbdefda-a229-436a-ab7f-5d481ea3c6be","order":64,"text":"This Policy will be administered in a manner that respects employees' legal rights, including rights under the Americans with Disabilities Act, applicable state disability and privacy laws, and any applicable collective-bargaining agreement. The Company prohibits retaliation against any employee who, in good faith, reports a suspected violation, raises a concern about the administration of this Policy, requests an accommodation, or participates in any investigation or proceeding. Any employee who believes he or she has been subjected to retaliation should report the matter to Human Resources, and such reports will be promptly investigated.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"b38af6a0-41bc-4410-9a82-77407b000fb7","order":65,"text":"14. SUPERVISOR AND MANAGEMENT RESPONSIBILITIES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S14"},{"id":"ae24b533-ef9b-48fa-8e80-2af33eccd4e2","order":66,"text":"Supervisors and managers are responsible for understanding and consistently enforcing this Policy, for completing any required training on the recognition of the signs and symptoms of substance use and on the documentation of Reasonable Suspicion, for promptly and accurately documenting observations giving rise to a testing decision, and for handling all related information confidentially. Supervisors must not attempt to diagnose a substance-abuse problem but must instead refer the matter through the appropriate channels established by this Policy.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"ce857882-3f62-48e6-bff7-798b9d193709","order":67,"text":"15. EMPLOYEE ACKNOWLEDGMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S15"},{"id":"5c07e910-e45e-41bb-b83c-b2c16537b4a9","order":68,"text":"Each employee will be provided a copy of this Policy and will be required to sign an acknowledgment confirming that he or she has received, read, and understands the Policy and agrees to comply with its terms as a condition of employment. The failure to sign an acknowledgment does not exempt an employee from the application of this Policy.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"e0fa5b58-53d7-4576-9ce7-f6e0f673eca8","order":69,"text":"16. ADMINISTRATION, AMENDMENT, AND SEVERABILITY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S16"},{"id":"f5ad8bbf-c201-4fe2-b2c5-35be37571464","order":70,"text":"This Policy is administered by the Human Resources function of the Company. Questions regarding the interpretation or application of this Policy should be directed to [HR / policy contact name], [Contact title], who may be reached at [Contact email] or [Contact phone].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"57ee5e11-4951-497c-9114-51de2ad45e37","order":71,"text":"The Company will review this Policy periodically, and in any event at least once every [Review period], to ensure continued compliance with applicable law and the Company's operational needs. The Company reserves the right to amend or rescind this Policy at any time. If any provision of this Policy is held to be invalid or unenforceable under applicable law, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e633f10d-1527-452c-b30a-dd4f877e30d9","order":72,"text":"This Policy is governed by and will be construed in accordance with the laws of the State of [Governing state] and applicable federal law, without regard to conflict-of-laws principles. To the extent any provision of this Policy conflicts with a mandatory requirement of applicable state or federal law, the applicable legal requirement will control and this Policy will be deemed modified accordingly.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true},{"id":"7103a46b-34dd-4582-bfce-8f07bf3f6dc4","order":73,"text":"17. EFFECTIVE DATE AND ADOPTION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10","sectionNum":"S17"},{"id":"d329644d-816a-4d66-b0ba-6ada5a9b6ecb","order":74,"text":"This Policy is adopted by the Company and is effective as of [Effective date]. It supersedes and replaces all prior drug and alcohol policies, practices, and communications, whether written or oral, on the subjects addressed herein.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"16b9141f-1417-4a3d-96ed-c87411544935","order":75,"text":"ADOPTED AND APPROVED ON BEHALF OF [Company legal name]:","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"dfa87bba-e753-4843-9053-74e14752b36c","order":76,"text":"By: ____________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"2041aca8-0eea-4bd6-8ccb-6521cace8700","order":77,"text":"[Authorized signatory name]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"2","cflou":false,"active":true},{"id":"206ab8e5-d4cd-4b61-b39d-9cc8aae8c2b4","order":78,"text":"[Signatory title]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"2","cflou":false,"active":true},{"id":"aadbdc1f-bc67-4155-83ba-bafee01f485c","order":79,"text":"Date: ____________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true}]