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HR Policies regarding 'impairment'

  • 1.  HR Policies regarding 'impairment'

    Posted 12-14-2016 12:30

    Good morning,

    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  I'll admit that our handbook is outdated and needs to address substances that have become more prevalent and pervasive in the world today.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 B.

    Joe Burkett CCIFP
    Cafco Construction Management, Inc.
    Boston MA
    (857) 254-1767

  • 2.  RE: HR Policies regarding 'impairment'

    Posted 12-15-2016 09:18

    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:

    1. Employees shall not report to work under the influence of alcohol, illegal drugs, or any controlled substance or prescription drug not medically authorized.
    2. Employees shall not possess or use alcohol, illegal drugs, or any controlled substance or prescription drug not medically authorized while on company property or on company business.

    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:

    • Publish a statement prohibiting the unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs in the workplace and specify the actions that will be taken against employees for violations.
    • Distribute a copy of the policy statement to each employee engaged in the performance of a federal grant or contract.
    • Notify each employee that compliance with the policy is a condition of employment on such grant or contract and that the employee must abide by the terms of the policy statement. The policy statement includes the requirement that the employee notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
    • Notify the granting or contracting agency within 10 days after learning of a criminal drug statute conviction.
    • Impose a sanction as required under this act on any employee who is so convicted.
    • Establish a program of drug-free awareness, informing employees about the organization's policy of maintaining a drug-free workplace, the penalties that may be imposed upon employees for drug-abuse violations, the dangers of drug abuse in the workplace, and any available drug counseling, rehabilitation, and assistance programs.
    • Make a good faith effort to continue to maintain a drug-free workplace through implementation of these requirements.

    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.

    Drug-Free Workplace Policy

    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:

    • The unlawful use, possession, manufacture, dispensation, or distribution of controlled substances in all MIG Corporation, Inc. work locations is prohibited.
    • Any MIG Corporation, Inc. employee convicted of a criminal drug statute violation occurring in the workplace must notify his or her supervisor of the conviction within five days after the conviction. As required by the federal Drug-Free Workplace Act of 1988, MIG Corporation, Inc. must inform contracting or granting agencies of such convictions within 10 days after receiving notification from the employee or otherwise receiving notice of a conviction.
    • Upon receiving such notification, MIG Corporation, Inc., in conjunction with the location concerned, will take all steps necessary to assure the proper conduct of sponsored projects and programs. If a decision is reached to allow the affected employee to continue employment with MIG Corporation, Inc., the employee must participate in and satisfactorily complete an approved drug abuse assistance or rehabilitation program.

    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


    Off. 978-264-4800

    Cell. 978-317-3182

    Fax. 978-264-0123