unCommon Construction seeks to maintain a work environment that is free from the effects of alcohol and drug use and abuse. We believe that unCommon Construction has responsibility to its employees, youth participants, community volunteers and those who use or come in contact with its products/services, to ensure a safe and productive work environment. We also believe that unCommon Construction and its employees have a responsibility to uphold high standards of professionalism and personal responsibility that reflect our organization's values and serve as models for future professional behavior for youth participants.
To satisfy these responsibilities, it is the policy of unCommon Construction and a condition of employment that an employee be present and able to perform their job free from the effects of alcohol, narcotics, depressants, stimulants, hallucinogens and cannabis or any other substances, which can impair job performance, put others at physical risk of injury or otherwise impair judgement.
We recognize that drug and alcohol abuse may be a sign of chemical dependency and that substance abuse can be successfully treated with professional help.
unCommon Construction provides an Employee Assistance Program (EAP) through referrals to trained professionals and other support programs for employees to deal with substance abuse and other personal problems that can affect work performance. Our commitment is to help employees remain productive members of our team, ensuring the safety of our job sites and to support positive outcomes for the youth our mission serves. In certain circumstances, unCommon Construction may insist upon a mandatory referral to our EAP as a condition of continued employment. No employee will be disciplined or discriminated against simply for seeking help.
The employee is responsible for following all of our work and safety rules, and for observing the standards of behavior. And, supervisors, co-workers, apprentices and customers have the right to expect unCommon Construction employees to make decisions and act in the interest of their safety and well-being.
In addition, if you, the employee, believe you may have a problem with drugs or alcohol, you are responsible for seeking assistance, whether from or through the company or any other resource, before a drug or alcohol problem adversely affects your work performance or results in a violation of this policy. The time to seek help is BEFORE you are in “trouble”, NOT AFTER. If a professional assessment is made that you have a problem with Drugs or Alcohol, your continued employment may be conditioned upon one or more of the following:
-Entering into and completing a treatment program approved by the company.
-Signing and living up to a last chance performance agreement.
-Undergoing a Follow-up Testing Program at company's’ discretion.
Scope of our Policy
This Policy and each of its rules apply whenever an employee is on or in Company Property, surrounding grounds and parking lots, leased or rented space or otherwise engaging in company activities which may occur elsewhere in the community. This policy also applies during company time (including breaks and meal periods), in any vehicle used on Company business, and in other circumstances (such as on customer premises or at business/sales functions) we believe may adversely affect our operations, safety, reputation or the administration of this policy.
We recognize that there are times at unCommon Construction during company time or through other activities such as fundraisers or celebrations, when alcohol may be consumed by employees. This policy applies to instances in which the use and abuse of drugs or alcohol to excess during or outside of regular work hours impairs judgement or job performance or otherwise endangers the lives and/or safety of coworkers or others.
Safety sensitive employees may be required to pass a pre-employment urine drug test before being hired. Safety sensitive employees are any employees who spend time on an unCommon Construction build site or engage directly with youth program participants.
Our Drug & Alcohol Rules
The following rules are extremely important and an employee who violates any one of them will be subject to disciplinary action, up to and including termination.
1.) Alcohol: An employee may not possess, use, transfer, offer, or be under the influence of any intoxicating liquor while at work or on company business. This rule prohibits using any alcohol prior to reporting to work, during breaks or meal periods, or in conjunction with any Company activity, except social or business events where a Corporate Officer has authorized the moderate consumption of Alcoholic Beverages.
-An employee will be removed from a Safety Sensitive Position for 24 hours if his/her Blood Alcohol is at or above the benchmark for a legal DWI limit of .02 for under 21-years old and .08 for over 21-years old. A referral may be required to a Substance Abuse Professional before being released back to a safety sensitive position.
2.) Drugs: An Employee may not possess, use, transfer, offer, share, attempt to sell or obtain, manufacture, or be under the influence of any drug or similar substance and also may not have any drugs or similar substances present in the body. Thus, an employee who tests positive for any illegal-drug violates this rule. This rule also pertains to Prescription drugs being taken without doctor’s authorization.
3.) Drug Paraphernalia and Alcohol Containers: An Employee may not possess any Drug Paraphernalia or Alcohol Containers.
4.) Prescriptions/ Over–the-counter Medications: It is the employee’s responsibility to check the potential effects of prescribed drugs and over-the counter Medications with a doctor or pharmacist before starting work, and to immediately let the supervisor know when such use makes it unsafe to report to work or perform one’s job.
5.) Adulterants: Any substance that is used for the purpose of manipulating a drug test by adding to the specimen or ingesting.
Random Testing Program
unCommon Construction reserves the right to implement a random-testing program by a third party and/or a computerized Selection Process throughout the year. When selected for and notified of random testing, the employee must test ASAP, and may be required to go directly from worksite or the location of an incident to be tested.
Mandatory Post Accident Testing
Post accident drug and/or alcohol testing will be at supervisor or company request, or as required by the Occupational Safety & Health Administration (OSHA), and may be required of all employees involved in a particular incident.
Reasonable Suspicion Testing or Reasonable Cause
At least one Supervisor will be trained in accordance to 49 CFR 382.603 of the Federal Register to make these observations of Work Performance, Behavior, and Physical Indicators.
-Observable Symptoms or Unusual Behavior.
-The Odor or Smell of Alcohol or Drugs on the employee’s breath or clothes or in an area (such as in a vehicle, office, work area, or restroom) immediately controlled or occupied by the employee.
-Alcohol, alcohol containers, illegal drugs or drug paraphernalia in the employee’s possession or in an area controlled or occupied by the employee (vehicle, office, desk restroom. );
-Unexplained or Significant deterioration in job performance.
-Unexplained significant changes in behavior (e.g., abusive behavior, repeated disregard of safety rules or procedures, insubordination, etc.);
-Evidence that the employee may have tampered with a previous drug test.
-Criminal citations, arrests or convictions involving drugs and alcohol.
-Unexplained absenteeism or tardiness
-Employee admissions regarding drug or alcohol use;
-Any involvement in any work-related accident or near misses.
-Any type of Paraphernalia discover on your person or Company Property
-Frequent presence of or reference to drug or alcohol in employees conversation, social media or other means of communication.
Fit for Duty
The company could require a fit for duty exam by a certified Medical Practitioner; this exam can be administered along with Drug and Alcohol Screen to determine if employee is fit for Duty. This could be requested in addition to the DOT Medical card Certificate.
Duty to Cooperate
An employee who fails to cooperate in the administration of this policy generally will be terminated and is in violation the terms of employment with unCommon Construction. This includes such things as:
-Refusing to consent to testing, to submit a sample, or to sign required forms.
-Refusing to cooperate in any way (for example, refusing to courteously and candidly cooperate in any interview or investigation, including any form of truthfulness, misrepresentation or misleading statements or omissions.)
-Intentional or unintentional delayed reporting for testing or failure to report for testing on the timeline required for accuracy or as outlined by a supervisor
-Aiding a co-worker in evading testing or otherwise acting to mislead the Company about another employee’s fitness for duty
-Any form of dishonesty in the investigation or testing process.
-Refusing to test again at a time of the Company’s choosing whenever any test results in a finding of a dilute sample or reasonable suspicion.
-Failure to accept the referral, to enter into and complete an approved treatment program, or to sign or adhere to the commitments in the Last Chance Performance Agreement.
Consequences for Positive Testing
In the event of positive testing, the company takes into consideration a range of factors in determining consequences. In no particular order, positive testing or physical evidence of illegal drugs or alcohol as described above may result in one or more of the following consequences in no particular order:
-A verbal or written warning to be kept and recorded in the employee’s permanent HR file
-Suspension of employment without pay for 24 hours up to or until such time that the employee successfully passes a drug or alcohol screening
-Immediate termination of employment
Reinstatement, Return-to-Duty and Follow-Up Testing/Rehabilitation Programs
The company maintains a referral relationship with drug and alcohol abuse services. Additionally, certain health insurance benefits may provide help to employees who suffer from substance abuse and/or other personal or emotional problems; however, it is the responsibility of each employee to seek necessary professional assistance before alcohol and drug problems lead to disciplinary action.
If the company mandates a sponsored rehabilitation program, the employee will be subjected to a drug screen following the procedures outlined in Section I (Drug Screening of Applicants for Employment) prior to reinstatement. In addition, per post-rehabilitation program monitoring guidelines, the company may subject the employee to follow-up testing for a period to be determined in cooperation with the rehabilitation program and employer. Testing will follow the procedures outlined in Section V (Random Testing).
Employee information, including drug screen results and rehabilitative programs, will be treated as medical records and will remain strictly confidential following HIPAA guidelines for patient confidentiality. Employee requests to release the results of drug screens to any party outside the company must be made in writing and given to the employee’s immediate supervisor and designated safety and health officer.