The Boys & Girls Club of Central Minnesota is committed to the goal of maintaining a safe and healthy workplace free from the influence of alcohol and other drugs. Achieving this goal is necessary to maintain the safety and quality of the work environment and the safety and health of employees, volunteers, and members.
Staff are expected to report for work with no illegal drugs or alcohol in their bodies and to refrain from ingesting illegal drugs or alcohol during work time. Compliance with this requirement is considered an essential qualification for all job assignments. All staff are required to participate in, consent; and comply with the terms of this Policy as a condition of employment and continued employment.
Definitions
Drug
Drug means a controlled substance identified under MN Statutes, chapter 152, or prescription drug which is taken without a physician’s order, as well as alcohol, marijuana, THC, or other substances which may alter mental or physical capacity. These drugs do not include the use of a drug obtained and taken under the supervision by and in accordance with prescriptions or other instructions issued by a licensed healthcare professional.
Under the influence of alcohol or appearing to be under the influence of alcohol
Under the influence of alcohol or appearing to be under the influence of alcohol means (1) presence of alcohol in the individual’s system, or (2) behavior, appearance, speech, or bodily odors that lead a supervisor or manager to reasonably suspect that the staff is impaired by alcohol or is using alcohol during working time.
Under the influence of drugs/chemical or appearing to be under the influence of drugs/chemicals
Under the influence of drugs/chemical or appearing to be under the influence of drugs/chemicals means the presence of any detectable amount of an illegal, or a legal drug taken without a prescription, or its metabolites demonstrated by a verified positive drug test result, or (2) behavior, appearance, speech or bodily odors that lead a supervisor or manager to reasonably suspect that a client or staff is impaired by illegal drugs, cannabis or THC or is using illegal drugs during working time.
Drug Free Workplace Act
The Boys & Girls Club of Central Minnesota abides by the Drug Free Workplace Act (1988), which requires all federal grantees to provide a drug-free workplace as a condition for receiving federal funds. This policy maintains a drug and alcohol free workplace and anyone who tests positive for any illegal substance will not stay employed. Although Minnesota has legalized the use of marijuana it remains illegal under federal law therefore, the company will handle all marijuana positives according to federal law.
During working time
During working time means time during which the staff is being paid to work for the Club and is in fact representing the Club’s interests. The term also includes all paid breaks and meal periods.
Types of Testing Required
The Club has implemented three situations for drug and alcohol testing: (1) Reasonable Suspicion; (2) Post-Accident; (3) Substance Abuse Evaluation including Return-to-Work and Follow-up Testing.
Reasonable Suspicion
Staff and or volunteers shall immediately notify Club leadership of any action by a staff or volunteer who demonstrates an unusual pattern of behavior suggesting that they are under the influence of drugs or alcohol. Club leadership will determine whether the staff should be examined by a physician or clinic and/or tested for drugs or alcohol in accordance with the Club’s drug-testing policies. Staff and volunteers believed to be under the influence of drugs or alcohol will be required to leave the premises and asked to undergo drug and/or alcohol testing according to policy. Any illegal drugs or drug paraphernalia will be turned over to the appropriate law enforcement agency and may result in criminal prosecution.
Examples of behavior suggesting under the influence of drugs or alcohol
Examples of behavior suggesting that staff or volunteers are under the influence of drugs or alcohol include but are not limited to:
- Odors (smell of alcohol, body odor or urine);
- Movements (unsteady, fidgety, dizzy);
- Eyes (dilated, constricted or watery eyes, or involuntary eye movements);
- Face (flushed, sweating, confused or blank look);
- Speech (slurred, slow, distracted mid-thought, inability to verbalize thoughts);
- Emotions (argumentative, agitated, irritable, drowsy);
- Actions (yawning, twitching); or
- Inactions (sleeping, unconscious, no reaction to questions).
Unusual patterns of behavior that may suggest drug or alcohol misuse include but are not limited to:
- Repeatedly calling in sick;
- Being absent directly before or after holidays and weekends;
- Repeatedly damaging inventory or failing to meet reasonable work schedules; and
- Being involved in frequent accidents that can be related to the use of drugs or other substances.
Additional Reasonable Suspicion may also be present when staff:
- Violate the Club’s written work rules prohibiting the use, possession, sale, or transfer of drugs or alcohol while the staff is working or while the staff is on the Club’s premises or operating the Club’s vehicle, machinery, or equipment; or
- Sustain a personal injury or has caused another staff to sustain a personal injury.
Staff suspected of being under the influence through a reasonable suspicion assessment are required to consent to, take, and participate in a drug test. Staff who test positive must successfully complete the drug or alcohol counseling or rehabilitation program recommended, at the staff’s expense or under a staff benefit coverage program.
Boys & Girls Clubs of Central Minnesota reserves the right to take any and all appropriate and lawful actions necessary to enforce this drug- and alcohol-free workplace policy, including but not limited to the inspection of organization-issued lockers, desks, or other suspected areas of concealment, as well as a staff’s personal property when the organization has reasonable suspicion to believe that the staff has violated this drug- and alcohol-free workplace policy.