The Company recognizes alcohol and drug abuse as a potential health and safety issue and encourages employees to seek help.

A CONSCIENTIOUS EFFORT TO SEEK SUCH HELP BY ITSELF WILL NOT JEOPARDIZE ANY EMPLOYEE’S JOB.
—SUMMARY section—

This SUMMARY SECTION is for your convenience. It does cover the primary principles of the Drug- and Alcohol-free Workplace Policy. Your reading assignment and associated quiz will cover this summary section.


The content of the DETAILS SECTION will still apply in full to your employment at Hogan. However, if you abide by the policy to:

  • Not use drugs—recreational drugs or performance-altering prescription drugs without a doctor’s supervision and/or without the knowledge of your supervisor—on or off the job or while driving
  • Not use or possess alcohol while on the job or while in or using company vehicles
  • Not come to work or drive impaired
  • Not have on your person or in a company vehicle any impairing substances,

you will likely never require the content of the DETAILS SECTION.

DRUG USE

Illegal drug use, including prescription drug abuse, is not tolerated—zero tolerance on and off the job.

 
 
DRUG-USE TESTING

We do drug testing at the beginning of employment, and then we randomly drug test all employees at the rate of 20% of the average staff count on an annualized basis. And we will target employees for drug testing if we have suspicions of substance abuse.

We will also drug test any employee involved (directly or indirectly) in an on-the-job incident requiring more than first aid, or for which there was extensive property damage, within 32 hours of the incident. If an employee is subject to one of these post-accident drug or alcohol tests, he or she must not consume alcohol until the test is done.

We will also drug test any employee involved (directly or indirectly) in an on-the-job incident requiring more than first aid, or for which there was extensive property damage, within 32 hours of the incident. If an employee is subject to one of these post-accident drug or alcohol tests, he or she must not consume alcohol until the test is done.

 
 

The drug test results we get back from the lab are the employee’s results—the employee is responsible for the results. No amount of excuses will make it otherwise. An employee claiming he or she was at a party where pot was being smoked but he or she didn’t smoke other than as second-hand smoke, is a cute story, but the test results are the test results; there is no second chance. And, in this example, if true, that employee should have found a different party to attend, because now it’s probably cost him or her their job.

 
CONSEQUENT DISCIPLINARY ACTION

Any employee who violates this company drug-abuse policy will be subject to disciplinary action, including termination of employment, possible loss of company benefits, and refusal to hire in the case of pre-employment tests.

 
 
INSPECTIONS

Hogan & Associates Construction reserves the right to inspect with or without notice, all persons, packages, automobiles, and any other items that come or are brought onto the company premises and job site locations. In addition, all desks, lockers, rooms machines, computers, and other company-purchased items remain the property of Hogan & Associates Construction; and Hogan & Associates Construction reserves the right to inspect them with or without notice.

 
 
ALCOHOL USE

While an employee is free to responsibly use alcohol when not working, such use must be responsibly done and not result in any impairment of ability on the job. If there is any day-after impairment, we maintain the right to render disciplinary action, including termination of employment. And just as for illegal substances, we do not tolerate any alcohol use on the job at all. Period. Zero tolerance.

These rules and protections also apply to all the subcontractors on the site.

 
 
PRESCRIPTION AND OVER-THE-COUNTER DRUG USE

Use of prescribed medicines that might impair judgment, reaction time, or physical abilities must be reported to Jared Morgan, Vice President of Human Resources and Safety, prior to any work being done. The failure to report the use of a prescription drug, where a licensed health care practitioner, the pharmacist, or label indicates it may impair the employee’s ability to safely perform their job will be a violation of this policy. Employees who use prescribed medicine must have a current or unexpired prescription that was prescribed within a year of the date of the collection of the test. The prescription must be the employee’s prescription.

Prescription or over-the-counter medications with impairment warnings should not be taken during or before work. An employee undergoing prescribed medical treatment with any drug which may alter his or her physical or mental ability must report this treatment to Hogan & Associates job site superintendent. The Safety Department will determine whether a temporary change in the employee’s job assignment during the period of treatment is warranted.

GO TO THIS SECTION'S QUIZ
 
 
—DETAILS—
  1. Definitions
    1. ADULTERANT: Any foreign substance added to a test specimen.
    2. ADULTERATE: Means to replace, add foreign substances to or tamper with a specimen in any way with the intent to alter true test results.
    3. ALCOHOL: Means the intoxicating agent in beverage-alcohol, ethyl alcohol, or other low molecular weight alcohol, including methyl and isopropyl alcohol.
    4. ALCOHOL TESTING: Means to be tested by a qualified alcohol testing technician, using a dot approved alcohol testing device or a dot approved initial screening device.
    5. CDL: Commercial Driver’s License
    6. CMV: Commercial Motor Vehicle
    7. COMPANY PREMISES: In addition to all Hogan offices, properties, project sites, company vehicles and equipment, company premises also includes any place or vehicle where employees are doing work for or representing Hogan in any way.
    8. CONTROLLED SUBSTANCES: For the purposes of this program, controlled substances are equivalent to prescription drugs and illegal drugs, both of which include, but are not limited to: Cocaine, Cannabinoids (marijuana), Opiates, Amphetamines, Phencyclidine (PCP), Barbiturates (Phenobarbital, Secobarbital), Benzodiazepines (Librium, Valium), Propoxyphene (Darvon), Methadone and Methaqualone. Testing for these substances has been upheld in court for Federally-mandated drug- testing programs. Other substances may be tested for as needed.
    9. DHHS: The Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services.
    10. DOT: Department of Transportation
    11. DPC: Drug Program Coordinator (Jared Morgan, 801-951-7000)
    12. METABOLITE: Means metabolic waste product that is more or less toxic to the organism producing it. As drugs are eliminated from the body through metabolism by making the substances more excretable, some metabolites have their own pharmacological activities, which can either be similar to or different from the original drug.
    13. POSITIVE ALCOHOL TEST: Means test levels on both the screening test and the confirmation test produces a result of .04 or greater.
    14. POSITIVE DRUG TEST: Means the test levels on both the screening test and the confirmation test which are recognized as positive by the U.S. Department of Health and Human Services in it’s Mandatory Guidelines for Federal Workplace Drug Testing Program, or standardized cutoff levels at a DHHS certified lab.
    15. PRESCRIBED MEDICINE: Prescription drug under the care of a licensed health care practitioner that may impair the employee’s ability to safely perform their duties.
    16. UTAH DRUG AND ALCOHOL TESTING ACT: (Private sector) Means Utah Code Annotated 34-38-1.
    17. ZERO TOLERANCE: Means any positive result from drug/alcohol testing will be subject to immediate disciplinary action.
  2. In keeping with Hogan & Associates Construction’s concern for the health and safety of our work force, in keeping with the intent of the federal Drug-Free Workplace Act, Hogan & Associates Construction has instituted a drug-free work place policy.
  3. Employees of Hogan & Associates Construction are our most valuable resource and for that reason their health and safety is our number one concern. Any drug and alcohol use that impairs the health and well being of our employees or threatens our business will not be tolerated. The use of and abuse of controlled substances and alcohol on or off duty, is not consistent with the law abiding behavior expected of all employees. Employees who abuse controlled substances or alcohol on or off duty tend to be less productive, less reliable, and prone to greater absenteeism. This in turn can result in increased costs, delays and risks to the company’s business. Drug use and alcohol use in the work place puts the health and safety of the abuser and all other workers around them at increased risk. Employees have the right to work in a drug-free environment. In addition, drug and alcohol abuse inflicts a terrible toll on the nation’s productive resources and the health and well being of American workers.
  4. This policy certifies Hogan & Associates Construction’s intent to maintain a drug-free work place. The manufacture, distribution, sale, possession or use of a controlled substance and/or alcohol in the work place is prohibited. Posters notifying potential employees and current employees of substance abuse testing will be kept in conspicuous locations on the job and in Hogan’s main office.
  5. Additionally, the U.S. Department of Transportation (DOT) has regulations which govern the use of drugs and alcohol by employees who hold a Commercial Driver’s License (CLD) and drive a Commercial Motor Vehicle (CMV). Hogan employees who fall under these conditions will be subject to the “Hogan & Associates DOT Drug and Alcohol policy.”
  6. If you have questions regarding terms used in this policy, please refer to Section E, “Definition Section”. Other questions regarding this policy can be directed to Jared Morgan, Hogan & Associates Construction, Inc.’s Drug Program Coordinator (DPC). Jared will provide a copy of this policy to job applicant and employees upon request.
  7. To protect confidentiality and to comply with the law, all records relating to drug and alcohol testing will be maintained in a confidential file in a secure location with controlled access.
  8. Zero Tolerance Policy
    1. Hogan & Associates Construction is instituting a zero tolerance level program and is committed to maintaining a safe work place free from the influence of drugs and/or alcohol. The Drug-Free Work Place Act specifically requires Hogan & Associates Construction to notify each employee that as a condition of employment each employee (including all Worker’s Compensation covered employees) must comply with the company’s Drug-Free Work Place Policy. Any employee who violates this company policy will be subject to disciplinary action, including termination of employment, possible loss of company benefits, and refusal to hire in the case of pre-employment tests. All employees are hereby notified that Hogan & Associates Construction reserves the right to the following:
      1. Inspect with or without notice, all persons, packages, automobiles, and any other items that come or are brought onto the company premises. In addition all desks, lockers, rooms machines, computers and other company purchased items remain the property of Hogan & Associates Construction; and Hogan & Associates Construction reserves the right to inspect them with or without notice.
      2. Require drug and alcohol testing of (a) any employee at any time on a random basis. Random testing shall be conducted, at a minimum, on 20% of the average staff on an annualized basis. (b) Potential hires applying for employment with Hogan & Associates (a statement that substance abuse testing is required will be posted on vacancy announcements for all positions which require testing), new employees (part or full time) within three weeks of hire date, and re-hires who have not worked for Hogan for 6 months or longer, within three weeks of re-hire date. © Any employee involved (directly or indirectly) in an on-the-job incident requiring more than first aid or extensive property damage within 32 hours of the incident. If an employee is subject to a post accident drug/alcohol test, he/she must not consume alcohol before the test is done. (d) Any employee who gives, for any reason, reasonable suspicion that he or she may be under the influence of drugs or alcohol. In such a situation, supervisors will fill out the attached “Observed behavior – Reasonable Suspicion Record” form before the test, and within 48 hours of the incident, and turn in to the company’s DPC. For reasonable suspicion, the employee will not be allowed to return to work until after the results are provided. Employees will be compensated for lost time if the results are negative. If the results are positive the termination date will be the date and time of the test. In post-accident and reasonable cause situations when alcohol is suspected, a quantitative enzyme diagnostic (QED) or other alcohol screen may be given in addition to the drug test. Such alcohol tests should be performed immediately and must be performed within eight hours of the incident. Employees who must follow dot guidelines, please refer to the Module available in the Centerville office for drug and alcohol testing options and for types of drugs tested. All testing will be done not only for the presence of drugs and alcohol, but also the presence as a metabolite.
      3. Allow specimens to be collected and analyzed by DHHS-certified, professional laboratories for the following controlled substances:
        1. Cocaine
        2. Cannabinoids (marijuana) – whether or not applicant/employee has a Medical Cannabis Card issued by the laws of the State of Utah; see 26-61a-111(4) Utah Code Annotated.
        3. Opiates/synthetic
        4. Phencyclidine (PCP)
        5. Barbiturates (Phenobarbital, Butalbital, etc.)
        6. Any and all suspected adulterant products and validity testing
        7. Bath salts or other stimulants
        8. Any and all other controlled substances
        9. Propoxyphene (Darvon)
        10. Methadone
        11. Amphetamnes
        12. Benzodiazepines (Librium, Valium, etc.)
    2. Section A – Prohibitions
      1. Hogan & Associates Construction’s Drug-Free Work Place Policy prohibits employees from engaging in any of the following activities:
        1. Use, possession, manufacture, distribution, dispensation or sale of controlled substances or alcohol on company premises or on company business, in company supplied vehicles, during working hours.
        2. Unauthorized use or possession, or any manufacture, distribution, dispensation or sale of a controlled substance on company premises or while on company business or while in company supplied vehicles.
        3. Storing in a locker, desk or automobile or other repository on company premises any controlled substance.
        4. Being under the influence of a controlled substance or alcohol on company premises or while on company business, or while in company supplied vehicles. It is against Company policy for any employee to operate any vehicle or equipment while under the influence of any drug or alcohol which renders the employee incapable of safely and adequately operating the vehicle or equipment. Presence of a listed prohibited drug or its metabolite in the body of an employee will constitute a violation of this policy.
        5. Any possession, use, manufacture, distribution, dispensation or sale of controlled substances off company premises that adversely affects the individual’s work performance, his own or other’s safety at work, or the company’s regard or reputation in the community.
        6. Failure to adhere to the requirements of any drug treatment or counseling program in which the employee is enrolled.
        7. Failure to notify the company of any conviction under criminal drug statutes for a work place offense within 5 days of the conviction.
        8. Use of alcohol while on company premises, or to report to work under the influence of alcohol. An employee is considered to be in violation of this policy when he or she reports to work and can not pass an alcohol screening that has a cut-off level of .04 percent.
        9. Refusal to sign a statement to abide by this Drug-Free Work Place Policy.
        10. Refusal to be tested when required as outlined in this policy. Employees will be given three hours from the time of notification to provide a specimen. Any situation where an employee “can’t go” within that three hour time period will be considered and treated as a refusal to be tested unless the donor can provide a medical explanation to the MRO within 5 days.
        11. Adulterate specimens by the use of adulterant products, dilution, substitution, or any other method.
      2. Providing positive, substituted, diluted specimens. The company reserves the right to re-collect diluted specimens.
    3. Section B – Authorized Use Of Prescribed Medicine
      1. Use of prescribed medicine must be reported to the employee’s supervisor prior to any work being done. The failure to report the use of a prescription drug, where a licensed health care practitioner, the pharmacist or label indicates that it may impair the employee’s ability to safely perform their job will be a violation of this policy. Employees who use prescribed medicine must have a current or unexpired prescription that was prescribed within a year of the date of the collection of the test. The prescription must be the employees prescription.
      2. Prescription or over-the-counter medications with warnings should not be taken during or before work. An employee undergoing prescribed medical treatment with any drug which may alter his or her physical or mental ability must report this treatment to Hogan & Associates job site superintendent. The Safety Department will determine whether a temporary change in the employees’ job assignment during the period of treatment is warranted.
    4. Section C – Drug Abuse Treatment Programs
      1. Recognition and confession of drug abuse is vital for successful rehabilitation. Whenever feasible, Hogan & Associates Construction, Inc. will assist employees in overcoming drug abuse by providing information on treatment, counseling and education programs. However, the decision to seek diagnosis, to apply for and attend such programs is primarily the individual employee’s responsibility. Employees will be solely responsible to pay all costs related to enrolling and participating in such programs.
      2. When employees confess drug problems and request assistance from Hogan & Associates Construction, the company will treat all such requests as confidential and will recommend various treatment, counseling, or educational programs to the employee. Employees who voluntarily request the company’s assistance in dealing with a drug problem may do so without jeopardizing their continued employment, provided they strictly adhere to the terms of their treatment, counseling, or educational program. Such a request must be made at least 24 hours prior to the notification of an upcoming drug test. Once an employee is notified of an upcoming test, he/she will be required to take the test. “Last minute” confessions will not be tolerated. Voluntary requests for assistance from employees will not prevent disciplinary action for violation of Hogan Associates Construction, Inc.’s Drug-Free Work Place Policy. At a minimum, such program terms must include, a) the immediate cessation of any use of drugs, b) regular attendance and active participation in the recommended program, c) periodic unannounced testing during enrollment in the program. d) Passing a return to duty test before returning to job duties.
      3. Hogan & Associates Construction reserves the right to give “follow up” tests as often as deemed necessary while he/she is enrolled in the program. Upon graduation of the program, the employee may be given “follow up” tests on an unannounced basis at the discretion of company officers, for the following two years.
    5. Section D – Disciplinary Actions For Violation
      1. A violation of Hogan Associates Construction’s Drug-Free Work Place Policy may result in disciplinary action of termination or refusal to hire, at the company’s sole discretion. Employment termination includes loss of all company benefits. In order to qualify for rehire, the terminated employee must provide the DCP with a signed statement from a counselor, education, or rehabilitation center (hereafter called “rehab.”) verifying enrollment in a rehab program. The statement must include a signed release by the terminated employee allowing the DCP to check up and receive all information regarding his/her enrollment and progression in the program. Approval of rehab. programs will be at the sole discretion of the DCP. The terminated worker will be responsible to pay all costs related to the program. Only with the DCP’s approval and following the minimal time frame of at least one week from the date of the positive result are terminated employees eligible for rehire. Rehire is not guaranteed by enrollment in a rehab program. If the individual is rehired, his/her employment will be contingent upon his/her active involvement, strict attendance and complete adherence to the guidelines of his/her program. Further, the worker’s rehab schedule must not conflict with his/her work schedule and Hogan will not compensate workers for their rehab time. Upon rehire, a drug screen will be required before returning to work and monthly “follow up” tests will be required for up to two years with the employee paying for the tests. If while enrolled in such programs, or anytime following graduation from such programs, another positive test result is received, immediate termination will follow, and the individual will not be eligible for rehire for a minimum of one year.
      2. In the case of positive post-accident drug/alcohol testing, and it is determined that termination of employment is necessary, the termination date will be the date and time of the incident. A positive post-accident result may constitute a loss in worker’s comp. benefits.
      3. When an employee receives written notification of a positive result he/she will have two days to contest or explain the result to Hogan. Contesting the result means he/she requests that the same specimen be retested at a different DHHS certified lab. The employee will be responsible to cover all related costs unless he/she can prove that the first lab made a mistake.
      4. Employees that have worked for Hogan & Associates for more than a year whose employment is terminated due to a positive result, may retain his/her benefits if he/she enrolls in an approved treatment, counseling, or educational program within two weeks of the termination date and follows the guidelines outlined in section C and paragraph 1 of this section (D). A violation of program guidelines will result in the loss of benefits as well as rehire eligibility as outlined in paragraph 1 of this section (D).
      5. Any employee testing under DOT or OCIP will be subject to the guideline outlined in their respective programs. Please refer to the dot and OCIP handbooks available in the Centerville office.
    6. Section E – Employee Education & Supervisor Training
      1. Employee Education – Hogan & Associates Construction shall provide at least 1 hour of employee substance abuse education training per year. Hogan & Associates Construction shall retain records, to include attendee’s signatures, dates and training topics, to document employee participation in education.
      2. Supervisor Training – Hogan & Associates Construction shall provide at least 2 hours of substance abuse training per year. Supervisors shall receive training to encompass at least 60 minutes on alcohol misuse and at least 60 minutes on drug use. Training shall incorporate physical, behavioral, speech and performance indicators of probable alcohol misuse and use of drugs. Hogan & Associates Construction shall retain records, to include attendee’s signatures, dates and training topics, to document supervisory participation in training. ■
  • Introduction
  • OSHA