Massachusetts voters recently approved legalizing recreational marajuana. Effective midnight tonight...I'm curious if any of you would be willing to share your employee handbook/guidelines as it relates to 'impairment'. I'll admit that our handbook is outdated and needs to address substances that have become more prevalent and pervasive in the world today.
I would appreciate any assistance you all could offer.
Joe, I just copied from our policy that I'm in the process of updating. Our health insurance agent hooked us up with www.thinkhr.com and it's a great site for guidance and one of the things you can do is build a handbook. I'm about halfway through the process, and I haven't tweaked it for the legalization of marihuana, effective today in Mass, but I hope this helps.
5.6 Drug and Alcohol Policy
MIG Corporation, Inc. considers drug and alcohol abuse a serious matter which will not be tolerated. The Company absolutely prohibits employees from using, selling, possessing, or being under the influence of illegal drugs, alcohol, or a controlled substance or prescription drug not medically authorized while at their job, on Company property, or while on work time.
Therefore, it is the Company's policy that:
The Company also cautions against use of prescribed or over-the-counter medication which can affect an employee's ability to perform his or her job safely or the use of prescribed or over-the-counter medication in a manner violating the recommended dosage or instructions from the doctor. Employees must have a valid prescription for any prescription medication or medical marijuana used by employees while working for the Company. Please inform your supervisor prior to working under the influence of a prescribed or over-the-counter medication that may affect your ability to perform your job safely. If the Company determines that the prescribed or over-the-counter medication does not pose a safety risk, you will be allowed to work. Failure to comply with these guidelines concerning prescription or over-the-counter medication may result in disciplinary action, up to and including termination of employment.
A violation of this policy will result in disciplinary action up to and including termination of employment.
The Company may assist its employees who seek treatment or rehabilitation for drug or alcohol dependency. The company may consider continued employment as long as the employee adequately addresses continued concerns regarding safety, health, production, communication, or other work-related matters. Employees may also be required to obtain a medical clearance, and agree to random testing and a "one-strike" rule as a condition of continued employment.
Drug-Free Workplace Policy
As a federal contractor, MIG Corporation, Inc. must comply with the requirements of the Drug-Free Workplace Act of 1988, which is a part of Public Law 100-690, Anti-Drug Abuse Act of 1988. The federal Drug-Free Workplace Act of 1988 (section 5152) covers grants and contracts for the procurement of any service with a value of $25,000 or more.
Drug-Free Workplace Act
To comply with the act, federal agency contractors and federal grant recipients must provide a drug-free workplace. These federal contractors and grant recipients will:
Americans with Disabilities Act
In addition to complying with the federal Drug-Free Workplace Act of 1988, MIG Corporation, Inc. must comply with the requirements of the Americans with Disabilities Act of 1990 (ADA). Individuals who currently use drugs illegally are not individuals with disabilities protected under the ADA when an employer takes action because of their continued use of drugs. This includes people who use prescription drugs illegally as well as those who use illegal drugs. However, people who have been rehabilitated and do not currently use drugs illegally, or who are in the process of completing a rehabilitation program, may be protected by the ADA.
MIG Corporation, Inc., in compliance with the federal Drug-Free Workplace Act of 1988, has adopted the following policy that must be adhered to as a condition of employment:
If you have any questions, you may contact the Human Resources Department.
Paul L. DeRoche, Controller
MIG Corporation, Inc.
One Acton Place, Suite 200
Acton, MA 01720