Grady Brothers, Inc.
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
beverages, intoxicants and narcotics, illegal or unauthorized drugs
(including marijuana), “look-alike” (simulated) drugs and
related drug paraphernalia.
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.
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.
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.
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).
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.
employee must submit a photo ID & supply proof of his social
security number at the time of testing.
drug test results will be entered into the Metro Indianapolis
Coalition for Construction Safety, Inc. (MICCS) database.
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.
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
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
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
refusal will be considered as insubordination and therefore, will be
cost of all evaluations, return to duty and follow-up drug tests
will be at the sole expense of the employee.
employees will be terminated immediately if any of their return to
duty or follow-up tests come back positive.
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.
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.
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
person possessing/using a counterfeit drug card will be dealt with
in the same manner as a person with a positive test result.
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.
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
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.
employee will provide a urine specimen for the drug test.
“hand held” breathalyzer unit, similar to those used by law
enforcement officers for field sobriety tests, will be used for
“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.
“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
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
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
Preliminary Cut-Off Levels (ng/ml)
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.
who test positive twice (2) times, while employed at Grady Brothers,
Inc., will be terminated.
Accredited Laboratory (SAMHSA):
A federally certified organization approved by the
Department of Health and Human Services (DHHS) for testing of
prohibited items and substances.
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.
with a test sample by the substitution or addition of other
ingredients to mask the presence of alcohol and/or other use of
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).
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.
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
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.
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
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.