Workplace Policy

Scope:

This policy is applicable to all Company employees and applicants.

Purpose:

American Cement Company, LLC (ACC) is committed to providing a safe and drug-free environment for our customers and employees.  With this goal in mind and because of the serious drug abuse problem in today’s workplace, we have established the following policy. This policy is implemented pursuant to the Drug-Free Workplace Policy requirements under Florida Statute § 440.102. You may obtain a copy of the statute by calling the Customer Service Center at (850) 413-1601. ACC encourages employees to voluntarily seek help with drug and alcohol problems.

Policy:

American Cement Company, LLC explicitly prohibits:

  • The use, possession, manufacturing, distribution, solicitation for, trade or sale of narcotics or other illegal drugs, alcohol, intoxicants or prescription medication without a prescription on company or customer premises or while performing an assignment for ACC.
  • Any employee from reporting to work under the influence of drugs. It is a condition of employment to refrain from using alcohol or illegal drugs on the job, or abusing legal drugs on or off the job such that it affects the job.
  • Anyone to use prescription drugs illegally. However, nothing in this policy precludes the appropriate use of legally prescribed medications.

Only with approval of an Executive Officer, at events associated with official company business, may employees exercise moderation and judgment in the consumption of alcohol so as not to represent a danger to themselves, other employees, the general public, or the company’s reputation.

Any violations of this policy are subject to disciplinary action up to and including termination.

Notice:

This policy was created and implemented in 2007. All employees were given 60 days’ notice of intent to implement this policy. All applicants and new employees will be provided with a copy of this policy. The policy will be posted in a highly visible area in all work locations.

Types of Drug Testing that may be Conducted by ACC:

Job Applicant Drug Testing:

  • All applicants will be tested for the presence of drugs prior to hiring.
  • Any job applicant who refuses to submit to drug testing, refuses to sign the consent form, fails to appear for testing, tampers with the test, or fails to pass the confirmatory drug test will not be hired and, unless otherwise required by law, will be ineligible for hire for a
    period of at least 12 months.
  • Job offers are extended contingent on the results from the drug testing.

Employee Drug Testing:

  • Reasonable Suspicion Testing: All employees will be tested when there is a reasonable suspicion that the employee is using or has used drugs in violation of the policy. Employees will be subject to testing if ACC obtains evidence or has reasonable suspicion that drugs are being used. If there is reason to believe that an employee is working under the influence of drugs and/or alcohol, they will be required to undergo immediate testing. Employees with company vehicles will be removed immediately from their vehicle pending the results of the testing. Employees who refuse testing when reasonable suspicion is present will be terminated. If the results are negative, the employee will be allowed to return to work. If the test results are positive, one retest of the same original sample will be allowed at the employee’s expense. Positive results will result in termination.
  • Random Testing: To the extent allowed by law, employees will be required to submit to drug testing on a random basis. ACC may conduct monthly random drug screens. It is ACC’s policy not to employ persons who use illegal drugs or abuse alcohol. Accordingly, ACC shall have the right to require an employee to submit to testing for drug and/or alcohol use as a condition of employment as the company deems necessary to the safe and efficient operation of the program. An employee who refuses to submit to drug and/or alcohol testing or who tests positive may be suspended from duty pending further investigation and may be subject to discipline, up to and including immediate discharge.
  • Routine Fitness for Duty Testing: Employees may be subject to drug testing if the test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination applicable to all similarly situated employees.
  • Follow-up Testing: All employees who have entered drug rehabilitation programs while employed by ACC may be subject to periodic follow-up tests as may be required.
  • Position Transfers: To the extent allowed by law, employees moving from a non-safety sensitive/special risk position to one designated as safety-sensitive or special risk, as a result of a personnel action, shall be required to successfully pass a drug test within 48 hours of receiving notification that they have been selected to fill the safety-sensitive position.
  • Post –accident testing: Employees who are involved in workplace accidents that result in injury or damage will be required to take a drug and/or alcohol test immediately following the accident. Employees must report their accident within 24 hours to their immediate Supervisor or the HR Department. Employees with company vehicles will be removed from their vehicle pending the results of the drug testing. Employees who refuse testing following a workplace accident will be terminated. If the results are negative, the employee will be allowed to return to work. If the test results are positive, one retest of the same original sample will be allowed at the employee’s expense. Positive results will result in termination. If an injured worker refuses to submit to a test for drugs or alcohol, he may forfeit his eligibility for medical and indemnity benefits.
  • Additional Testing: Additional testing may also be conducted as required by applicable state or federal laws or regulations or as deemed necessary by ACC.

Types of drugs that will be tested for:

The drug use prohibitions and the testing procedures provided for under this Policy may involve the following drugs:

Alcohol (booze)
Phencyclidine (PCP)
Benzodiazophines (Valium)
Amphetamines (Desoxyn)
Methaqualone Methadone (Dolophine)
Cannabinoids (marijuana,THC)
Opiates (opium)
Propoxyphene (Darvocet)
Cocaine (coke, crack)
Barbiturates (Phenobarbital)

Any employee who must use a prescription drug that causes adverse side effects (e.g., drowsiness or impaired reflexes or reaction time) should inform their Supervisor or Manager that they are taking such medication on the advice of a physician. Employees are responsible for informing their Supervisor of the possible side effects of the drug on performance and expected duration of use.  If the prescription drug could cause production or safety problems, a Supervisor or Manager may assign the employee to different duties during the duration or use.

Drug Testing Procedure:

ACC utilizes various locations of the following certified laboratory to conduct drug testing as well as in-house testing:

U.S. HealthWorks Corporate Office
25124 Springfield Court
Suite 200
Valencia, CA 91355
800.720.2432
661.678.2600

The Medical Review Officer (MRO) at the Leesburg location (most frequently used) is Donald Bucklin, MD, MRO.

Searches:

To ensure that drugs and alcohol do not enter or affect the workplace, ACC reserves the right to conduct reasonable searches of all vehicles, containers, lockers, purses, bags, clothing, pockets, wallets, lunch boxes, briefcases, desks, workstations, or other items on ACC property in furtherance of this policy.  Individuals may be requested to display personal property for visual inspection upon ACC’s request.

All personal property searches will take place only in the employee’s presence.  All searches under this policy will occur with the utmost discretion and consideration for the employees involved.  Searches for the purposes described herein will be conducted when ACC has reasonable suspicion that the employee has violated this policy and that evidence of such misconduct may be found during the search.

Consequences/Disciplinary Action:

One of the goals of our drug-free workplace is to encourage employees to voluntarily seek help with alcohol and/or drug problems. If, however, an individual violates the policy, the consequences are serious.

In the case of applicants, if he or she violates the drug-free workplace policy, the offer of employment will be withdrawn. The applicant may reapply after one year and must successfully pass a pre-employment drug test.

Any employee that violates this policy will be subject to immediate dismissal and may forfeit his/her eligibility for all ACC workers’ compensation medical and indemnity benefits as well as unemployment benefits.

Failure to consent to a reasonable search of items on ACC property will be grounds for dismissal or reason for denial to ACC premises.
Any employee who tests positive may be terminated immediately.

An employee will be subject to the same consequences of a positive test if he/she refuses the test, adulterates or dilutes the specimen, substitutes the specimen with that from another person or sends an impostor, will not sign the required forms or refuses to cooperate in the testing process in such a way that prevents completion of the test.

Notification of Convictions:

Any employee who is convicted of a criminal drug violation in the workplace must notify Human Resources within five (5) calendar days of the conviction.

Confidentiality:

All information received by the organization through the drug-free workplace program is confidential communication.  Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies.  The only exceptions to this are: 1) when such a release is compelled by a hearing officer or a court of competent jurisdiction, and 2) for determining qualification for unemployment compensation benefits.

Drugs which may alter or effect drug test results and the need to report:

Any prescription or nonprescription medications currently or recently used that may alter or affect drug test results should be confidentially reported to the drug tester/Medical Review Officer (MRO) before and/or after being tested.
A list of the most common medication, by brand name or common name, as well as by chemical name, which may affect or alter a drug test, is attached to this document. This will allow the donor to provide necessary information to the drug tester/MRO to properly analyze the test results.

Contesting results:

An employee or job applicant who is notified by a Medical Review Officer (MRO) of a positive confirmed test result may contest the result to the MRO within 5 working days after receiving notification of the test result. If the employee’s or job applicant’s explanation or challenge is unsatisfactory to the MRO, the MRO shall report a positive test result back to the employer.

The employee or job applicant has the right to consult with the MRO for technical information regarding prescription and/or nonprescription medications.
The employee or job applicant has 180 days after receiving written notification of a positive test result, to have the sample retested at his or her expense at another licensed or certified laboratory chosen by the employee or job applicant.

An employee or job applicant has the responsibility to notify the testing laboratory of any administrative or civil action initiated pursuant to the law under Section 440.102 of the Florida Statutes in order to ensure that the laboratory retains the specimen.

Assistance:

ACC recognizes that alcohol and drug abuse and addiction are treatable illnesses. We also realize that early intervention and support improve the success of rehabilitation. To support our employees, our drug-free workplace policy:

  • Encourages employees to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem.
  • Encourages employees to utilize the services of a qualified professional in the community to assess the seriousness of suspected drug or alcohol problems and identify appropriate sources of help. A list of some local services is attached to this policy for your information.
  • Offers all employees and their family members assistance with alcohol and drug problems through an Employee Assistance Program (EAP). Current EAP information is available through Human Resources.

State Assistance:

  • Drug/Alcohol Abuse Helpline (24 Hours) 1-800-362-2644
  • Drug Abuse Alcoholism & Cocaine (Toll Free) 1-800-333-4444
  • Drug/Alcohol Abuse & Information (24 Hour Emergency Service) (850) 487-2930
  • Drug/Alcohol Abuse (24 Hour Crisis line & Treatment) 1-800-283-2600

Responsibility:

A safe and productive drug-free workplace is achieved through cooperation and shared responsibility. Both employees and management have important roles to play. All employees are required to not report to work or be subject to duty while their ability to perform job duties is impaired due to on- or off-duty use of alcohol or other drugs.

Employee Responsibilities:

  • Be concerned about working in a safe environment.
  • Follow this Drug-free Workplace Policy.
  • Use the Employee Assistance Program (EAP).
  • Report dangerous behavior to your supervisor immediately.
  • Support fellow workers in seeking help.
    Supervisor/Manager Responsibilities:
  • Inform employees of and hold them accountable for this Drug-Free Workplace Policy.
  • Observe employee performance.
  • Investigate reports of dangerous practices.
  • Refer employees to the Employee Assistance Program.

 

Employee Responsibilities:

Download pdf copy of the Drug Free Workplace Policy.

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