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8.11.2 Bodily injury to a person who, because of injury, immediately receives medical <br />treatment away from the scene of the accident, or <br />8.11.3 Property damage estimated to equal or exceed $1,000, or <br />8.11.4 Any other reported actions and behavior, or observations that a corporate officer <br />believes create a reasonable suspicion of drug or alcohol use <br />Corporate officers have the authority and the responsibility to make determinations as to whether <br />or not there is a "reasonable suspicion" that an employee is under the influence of, or impaired by <br />alcohol, controlled substances, or other drugs. Authorized personnel should note any <br />observations concerning the appearance, behavior, speech, or body odors of the employee. They <br />may also include information gathered from other persons or sources in their determination. <br />If an employee is under the influence of, or impaired by alcohol, controlled substances, or other <br />drugs it does not matter whether the use of alcohol or drugs was at work or prior to reporting to <br />work. Such use shall be grounds for discharge. <br />9. Drivers and Motor Vehicle Operators <br />Drivers and motor vehicle operators subject to regulations by the federal Department of <br />Transportation or other agency will be subject to testing requirements as determined by the <br />governmental agency and shall be subject to all BERGLUND policies. To the extent that <br />BERGLUND policy is more strict or specific than a government regulation, the Company policy <br />will control, unless expressly preempted by law. <br />10. Treatment <br />BERGLUND recognizes that drug and alcohol dependency is a treatable health problem. <br />Employees needing assistance in dealing with such a problem or dependency are encouraged to <br />consult with BERGLUND to obtain information on the availability of treatment clinics and <br />programs. Costs of treatment will be the responsibility of the employee. <br />BERGLUND encourages treatment for any drug or alcohol dependency and this policy is <br />implemented to encourage employees with health problems to seek treatment before their jobs <br />are in jeopardy or the safety, health and security of fellow employees or the work environment is <br />put at risk. However, once an employee is in a job jeopardy status, subsequent treatment may not <br />be considered a mitigating factor. <br />11. Re-employment / Re-entry into the Workforce <br />An employee who leaves BERGLUND either through layoff, resignation, termination, or disability <br />for a period exceeding 60 days will be subject to the same testing as a new applicant prior to re- <br />entry into the workforce. BERGLUND will not rehire any individual who fails to pass the alcohol <br />and drug test. <br />12. Discipline <br />Employees are warned and advised that those who violate the Drug and Alcohol Policy shall be <br />subject to disciplinary action up to and including termination. <br />13. Implementation <br />The implementation of this drug policy does not alter the employment -at -will status of its <br />employees nor does it create an expressed or implied contract in the employment relationship. <br />You or BERGLUND may terminate your employment at any time without cause or reason. <br />88 <br />