DRUG-FREE WORKPLACE POLICY
We all must recognize that drug use and abuse negatively affects the company, the IC, job performance and co-workers. In this regard, The Mobile Boat Guys LLC has adopted a Drug-Free workplace policy effective January 1, 2018. While we hope that this policy protects and benefits the company, we hope even more that it protects and benefits the Independent Contractor and co-workers and creates a safe, healthy and efficient work environment.
For the purpose of clarification, alcohol is considered a drug under this policy.
II. IMPAIRMENT PROHIBITED
No IC 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 IC 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 IC 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 IC such as desks, files and company vehicles.
IV. INSPECTIONS
1. For purposes of assuring compliance with the prohibition of possession of drugs, independent contractors may be subject to inspection for drugs. Any refusal by the IC to submit to an inspection is an act of insubordination subject to disciplinary action.
2. An independent contractor 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 independent contractor seeks help prior to discovery of drug use and abuse, then confidentiality, job security, and promotional opportunities of the employee will be protected; if the employee does not seek help for drug abuse, and the problem comes to the attention of the company, then the independent contractor will be subject to disciplinary action.
3. The company may refer an independent contractor to a drug use and abuse counseling agency for help because of deteriorating job performance or excessive absenteeism 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.
VIII. DISCIPLINE
Any violation of this policy may result in summary discipline for the independent contractor, up to and including termination.