Substance Abuse Policy
It is the policy of Smoking Jacket LLC to promote and maintain a safe, healthy, and productive drug-free work environment, for the benefit of its contractors, customers, and the communities in which we operate. Safe work practices, protection of company assets, and protection of the environment are always priorities for our company. Smoking Jacket LLC considers substance abuse to be a very serious issue and attaches great importance to its commitment to maintaining a drug-free work environment. Therefore: The unlawful manufacture, distribution, dispensing, possession, use of, or being under the influence of alcohol, controlled substances, drugs, narcotics, or any intoxicant is prohibited by any contractor of Smoking Jacket LLC, any subsidiary operation of Smoking Jacket LLC, or any individual on any company premise, or while conducting company business off premise. Any contractor violating any part of this policy is subject to serious disciplinary action, up to and including termination of the contractor’s agreement. Smoking Jacket LLC, or its agents, may collect body fluid (blood, urine, saliva, etc.) samples from any contractor and may test such specimens for alcohol, controlled substances, drugs, narcotics, or any intoxicant, or their metabolites. A contractor’s or applicant's consent to submit to such testing is required as a condition of contract. Refusal to consent to testing will lead to termination of contractor’s agreement.
Smoking Jacket LLC reserves the right to notify appropriate law enforcement officials regarding contractors who engage in conduct and activities which violate this policy. Potential Contractors at Smoking Jacket LLC will be required to submit to a substance abuse test after an offer of a contract is made. Any such applicant whose test result is positive will not be allowed to start work. Any applicant testing positive may re-apply for contract 180 days after the date of their previous pre-contract substance abuse test.
A contractor is subject to testing after any on-the-job accident if the contractor's human error may have been a factor in the accident or the injury involves lost workday(s). On-the-job accidents include (but are not limited to) accidents such as vehicle accidents, fires, damage to physical assets, assaults, etc. All operators of commercial vehicles are subject to testing when they are involved in a "reportable accident." A reportable accident is defined as any accident which results in death of a human being or bodily injury to a person who, because of the injury, immediately receives medical treatment away from the scene of the accident; or total damages to all property aggregating $2,999.00 or more, based upon actual costs or reliable estimates.
Legal Drugs
A contractor's use of a legal drug may pose a significant risk to the safety of the contractor and/or others. Legal drugs are defined as "prescribed drugs and over-the counter drugs which have been legally obtained and are being used only for the purpose for which they were prescribed or manufactured and in the prescribed amounts". Any contractor using prescription and/or over-the-counter drugs that may affect job performance or alter their behavior must consult with their physician regarding the effects of such legal drug use or the contractor's ability to perform their assigned duties. Upon reporting to work, the contractor should provide Smoking Jacket LLC with written documentation to support the contractor's legal drug use and fitness for duty.
Application of Federal, State and Local Regulations
Smoking Jacket LLC recognizes the existence of federal regulations, including those of the Department of Transportation and Federal Highway Administration, and certain state and local legislation regarding workplace drug testing. When such regulations or legislation apply and impose obligations on Smoking Jacket LLC which conflict with, or are in addition to, those obligations set forth in this policy, Smoking Jacket LLC will endeavor to follow the applicable regulations
