Grady Brothers, Inc. prohibits the unlawful use, possession, consumption, manufacture or distribution (for sale or not) on it’s premises, facilities or job sites, including Company vehicles and private vehicles parked on Company premises or job sites of any of the following:  alcoholic beverages, intoxicants and narcotics, illegal or unauthorized drugs (including marijuana), “look-alike” (simulated) drugs and related drug paraphernalia.  

Employees who fail to conform to these rules will be subject to removal from the facility or job site and appropriate disciplinary action will be taken up to and including termination of employment.  This policy applies to all employees.  

Company employees must not report for duty under the influence of any drug, alcoholic beverage, intoxicant, narcotic or other substance (including legally prescribed medication) which will in any way adversely affect their working ability, alertness, coordination, response or the safety of others on the job.  

Employees working at or visiting any job site include, but not limited to, laborers, operators, teamsters, foremen, mechanics, new hires, replacements or subs, supervisory personnel and office personnel are subject to alcohol and drug testing for:  pre-employment, random, probable cause, pre-job site entry, post-accident/incident, return to duty and follow-up testing.  

Random drug testing will be held quarterly and shall come under the control and supervision of a physician with confidentially and protected in accordance with state law and the “American Medical Association’s Code of Ethical Conduct for Physicians Providing Occupational Medical Services or the Medical Review Officer Manual, as developed by the National Institute on Drug Abuse (NIDA).  

All substance abuse testing shall will be conducted in accordance with the Department of Health and Human Services (DHHS) “Mandatory Guidelines for the Federal Workplace Drug Testing Programs,” as set forth in the Federal Register.  Only DHHS-approved laboratories, as set forth by the Federal Register, will perform urine drug testing.  

An employee must submit a photo ID & supply proof of his social security number at the time of testing.  

All drug test results will be entered into the Metro Indianapolis Coalition for Construction Safety, Inc. (MICCS) database.  

Employees, who test negative, will be issued a MICCS card to verify that he or she has had a current valid drug test, to gain entry onto a MICCS owner’s premise, or for any other such reason.  MICCS ID cards will be issued by Midwest Toxicology.  The back of the card states that you have met the MICCS requirements and that this was a NIDA 5-panel test.  

Employees, who test positive, will be required to seek the services of a Substance Abuse Professional (SAP) for an evaluation before returning to work and may be required to enroll in one of the following: an Assistance Program; Education and/or Training Program; or a Rehabilitation Program.  No employee will be allowed to take another MICCS drug test for at least 14 days from the day of the first positive test.    Documentation of the SAP’s recommendations and treatment must be furnished to Midwest Toxicology by Grady Brothers, Inc. before any re-testing can be performed or the issuing of any MICCS card.  

Employees holding any Commercial Drivers License (CDL) as a job requirement, who test positive, will be immediately removed from performing any safety sensitive function until they have been evaluated by a Substance Abuse Professional (SAP) and released by said professional.  

Any employee required to seek the services of a Substance Abuse Professional (SAP) for evaluation,  to receive counseling and/or rehabilitation and refuses to accept or follow prescribed treatment will be in violation of this policy.  Employee’s refusal will be considered as insubordination and therefore, will be terminated.  

The cost of all evaluations, return to duty and follow-up drug tests will be at the sole expense of the employee.  

All employees will be terminated immediately if any of their return to duty or follow-up tests come back positive.  

All follow-up testing requirements will be issued by a Substance Abuse Professional (SAP) and/or regulated by the Department of Transportation (DOT), after completing their evaluation, counseling or rehabilitation.  Follow-up testing will be conducted randomly, over a period of no less than twelve (12) months, from the date of first positive test.  

Mandatory random follow-up testing for any employee, holding a Commercial Drivers License (CDL), will cover a period of no less than twelve (12) months from the date of first positive test as required by the Department of Transportation (DOT) agency regulations.  

Any employee who refuses to cooperate with testing procedures, or who adulterates or switches a urine specimen is in breach of the rules of this policy, and will be treated in the same manner as a positive test result.  

Any person possessing/using a counterfeit drug card will be dealt with in the same manner as a person with a positive test result.  

A diluted specimen result will require a re-test.  A second diluted result, without a medical reason, will result in the same consequences as a positive test result.  

An employee testing “positive” shall have the right to have the secured portion of the urine sample independently re-tested by a DHHS certified laboratory of  his/her choice at  his/her  own expense.                                                                                                                                                                                                 

 If the independent re-test is “negative,” the worker shall be allowed to resume work immediately and be reimbursed for the costs of such independent test.               

 

No adverse action or discipline shall be taken against any worker or applicant for employment on the basis of any “unconfirmed positive” result of the drug test.  Confirmation of positive results shall be conducted using the GCMS method as recognized by the U.S. Department of Health and Human Services. 

The employee will provide a urine specimen for the drug test.  

A “hand held” breathalyzer unit, similar to those used by law enforcement officers for field sobriety tests, will be used for alcohol testing.  

A “positive” drug test result shall mean test levels exceed both the screening test and the confirmatory test that are recognized by the “U.S. Mandatory Guidelines for Federal Workplace Drug Testing” programs, or a diluted test which is an unacceptable specimen.  

A “positive” alcohol test result shall mean blood alcohol levels exceed limits specified within this policy, and parallel to the Department of Transportation and the Commercial Drivers License guideline requirements.  

A positive test will first be reported to the employee, and secondly to the employer, by the Medical Review Officer (MRO).  If an MRO is unable to contact an employee within a reasonable amount of time, the employer will be the only one contacted.  

Donor’s Right to Challenge the Positive Test Result:  After being notified of a positive test result, the donor has 72 hours in which to request that the MRO arrange for the split portion of the specimen be sent to a different SAMHSA (NIDA) certified laboratory for testing, providing the donor with a second opinion.  Payment for retest ($140) is the responsibility of the donor.  If the test result in the secondary laboratory is not consistent with the first lab’s result, a cancelled test will be issued and the positive result retracted. 

NIDA DRUG SCREEN

 

Drugs of abuse tested in a routine NIDA 5-Panel Screen

 

 

          Type                   Preliminary Cut-Off Levels (ng/ml)                   Confirmation Levels

 

Amphetamines                                             1000                                                             500

Cocaine                                                          300                                                             150

PCP-Phencylidine                                            25                                                               25

Opiates                                                         2000                                                           2000

THC-Cannabinoids                                          50                                                               15

Ethanol (Alcohol)                    .04% w/vol (enzyme assay)     .04% w/vol (GC/FD)

 

New drugs, preliminary cut off and confirmation levels may be modified periodically in order to parallel the  Department of Transportation  and the  Commercial Drivers License  guideline  requirements.

Employees who test positive twice (2) times, while employed at Grady Brothers, Inc., will be terminated.  

DEFINITIONS  

Accredited Laboratory (SAMHSA):  A federally certified organization approved by the Department of Health and Human Services (DHHS) for testing of prohibited items and substances.  

Accident/Incident:  Any event caused by and employee, either directly or indirectly, that results in treatment by a health care provider, or that resulted in damage to property.  This would also include any serious near-miss incidents.  

Adulteration:  Tampering with a test sample by the substitution or addition of other ingredients to mask the presence of alcohol and/or other use of drugs illegally.  

Controlled Substances:  Includes all illegal drugs listed in this policy and per the Department of Transportation (DOT) limits, (including controlled substances, look alike drugs and designer drugs), prescription drugs used by one for whom they were not prescribed, overuse of prescription drugs prescribed for the user, drug paraphernalia and alcoholic beverages in the personal possession of our being used by an employee on the premises or while assigned to work off premises.  

Confirmation Test:  A test performed by a SAMSHA-certified laboratory, on the same sample used for the screen test which involves more complex methodology, is more precise, and is therefore more expensive, for the purposes of confirming or refuting screen test results.  

Counterfeit Drug Card:  A drug card is considered counterfeit if it is modified in any manner without authorization from MICCS, or if it was not issued by a MICCS representative to the person using it to verify that he has a current valid drug test, to gain entry on a MICCS owner’s premises, or for any other such reason.  

Diluted Test:  Diluted specimens are usually caused by over hydration - meaning a person has either intentionally or unintentionally consumed a large enough volume of fluid to put the body into a temporary state of over hydration, resulting in an unacceptable specimen and an invalid test (2 dilutes = a positive test result).  

Documentation:  A card bearing the name of MICCS, issued by a third party, and has been entered into the MICCS database.  

Medical Review Officer (MRO):  A licensed physician responsible for receiving laboratory results generated by a substance abuse testing program, who has knowledge of substance abuse disorders, and who has received appropriate medical training to interpret and evaluate an individual’s medical history, and any other relevant biomedical information, as certified by either the American Medical Association (AMA) or the American College of Occupational and Environmental Medicine (ACOEM).  

Negative Test:  A negative test is obtained if:  (1) the screen test indicated the absence of legal or illegal substance in excess of the screen limit, or (2) the screen test indicates the presence of legal or illegal substance in excess of the screen limit but the confirming test indicates the absence of legal or illegal substance in excess of the confirmation limits.  

Positive Test-Alcohol:  A positive alcohol test result is obtained if the breathalyzer test, or it’s equivalent test, indicates presence of alcohol that meets or exceeds both the screen and confirmation limits of the DOT and the Commercial Drivers License (CDL) guideline requirements listed in this policy.  

Positive Test – 5 Panel Screen:  A positive test result is obtained if the substance abuse test result indicates the presence of illegal substance that meets or exceeds both the screen and confirmation limits listed in this policy, as verified by a Medical Review Officer (MRO), and the MRO has determined that the test results do not stem from use of prescription medicines, over the counter medicines, food, or any cause other than the use of illegal substances.  This would also include the illegal use of prescription drugs.  (Example would be exceeding the dose of a prescription or over the counter drug and/or using prescription drugs without a prescription.)  

Pre-employment/Pre-Job Site Entry:  Screening of prospective employees to ascertain whether an applicant is capable of safely performing his/her duties and of meeting the pre-requisites for employment contained herein.  

Probable Cause:  Probable cause shall be defined as those circumstances, based on objective evidence about the worker’s conduct in the workplace, that would cause a reasonable person to believe that the worker is demonstrating signs of impairment due to alcohol or other drugs.  In most cases, the objective evidence giving rise to probable cause will be observed by at least two individuals, ideally two supervisors, but the parties recognize that in certain circumstances the observance may be made by only one individual.  Examples of objective evidence include when a worker shows signs of impairment such as difficulty in maintaining balance, slurred speech, or erratic or atypical behavior.  Such observation must be reduced to writing, and the supervisor shall provide the employee with a documented copy.  

Random Testing:  An unannounced, unscheduled drug and/or alcohol test, pursuant to an objective method for random selection of employees to be tested.  The selection must be truly random without discrimination or arbitrary selection.  Upon notification the employee must immediately report to the testing facility.  

Substance Abuse Professional (SAP):  A licensed physician (Medical Doctor or Doctor of Osteopathy), a licensed or certified psychologist, a licensed or certified social worker, or a licensed or certified employee assistance professional.  Additionally alcohol and drug abuse counselors certified by the National Association of Alcoholism and Drug Abuse Counselors (NAASAC) Certification Commission, a national organization that imposes qualification standards for treatment of alcohol-related disorders.  All must have the knowledge of and clinical experience in the diagnosis and treatment of substance abuse-related disorders.  

All employees have the responsibility for the following:  

A.     Report to work fit for duty, including being in the appropriate mental and physical

condition necessary to perform their work in a safe, competent manner, free of the

influence of drugs and alcohol.  

B.     Report  to the  Safety Director,  any medications  he/she  may be taking,  that may

      impair his/her job performance and his/her safety or the safety of others.  

C.     Consent to and participate in  owner/employer  required testing  and consent to the

      release of the  drug screen results  to the employer,  and to the MICCS database or

      for specific purposes as permitted by law.