Supersedes Policy No
and original date:
CR-HR-410
Approvals:
ELT- 3/13/07
CEO- 3/13/07
Board
Number:
CNB–CORP–210
CHEROKEE NATION BUSINESS
CORPORATE
POLICY AND PROCEDURE
SUBSTANCE ABUSE AND
DRUG TESTING
I.
Page 1 of 9
Date Effective:
03/13/2007
Purpose
Cherokee Nation Businesses (CNB) is committed to providing a safe and
productive workplace that fosters the well being and health of its employees. That
commitment is best served in a drug free work environment. Substance abuse
exposes the organization to the risk of property loss or damage, a higher incidence
of on-the-job accidents, increased health and insurance costs, and higher rates of
absenteeism and turnover. The intent of this policy is to offer a helping hand to
those who voluntarily request it, while sending a clear message that illegal drug
use and alcohol abuse are incompatible with employment at a Cherokee Nation
Business entity. CNB has established the following policy regarding the use of
alcohol and drugs to ensure we meet our obligations to our organization, our
employees, and our customers.
II.
Owner
Sr. Director of Employee Services
III.
Applicability
This policy applies to all CNB and all CNB wholly or majority owned subsidiaries.
Subsidiary policies must be approved and cannot increase authorities as outlined
herein.
IV.
Policy
A. All employees of CNB and all CNB wholly or majority owned subsidiaries,
applicants for employment, and all contract personnel are subject to this policy.
CNB and affiliated company employees who are required to be licensed under
any regulatory agency must also abide by all agencies' policies.
B. This policy prohibits the manufacture, dispensation, sale, possession, or
medically unauthorized use of narcotics and/or other illicit drugs by employees
either on or off company premises at any time.
C. Abuse of alcohol or unauthorized drug use either on or off the premises can
affect the organization’s reputation for integrity and customer service. Engaging
in any of these activities or reporting to work under the influence of alcohol or a
medically unauthorized drug or narcotic is considered gross misconduct and
grounds for corrective action including immediate suspension and subsequent
termination of employment.
D. A positive drug or alcohol test result or refusal to submit to a test is considered
gross misconduct and are grounds for corrective action including immediate
suspension and subsequent termination of employment.
CNB-Confidential
Supersedes Policy No
and original date:
CR-HR-410
Approvals:
ELT- 3/13/07
CEO- 3/13/07
Board
Number:
CNB–CORP–210
CHEROKEE NATION BUSINESS
CORPORATE
POLICY AND PROCEDURE
SUBSTANCE ABUSE AND
DRUG TESTING
Page 2 of 9
Date Effective:
03/13/2007
E. CNB will only utilize certified drug testing laboratories, monitor the integrity of
each test through strict chain of custody procedures, and assure that all test
results remain confidential.
F. Employees who are convicted or plead guilty or “nolo contendre" because of
off-the-job activities (drug or alcohol related) may be considered in violation of
this policy. In deciding what action to take, the CNB may consider the nature of
the charges and other factors relative to the impact of the employee’s
conviction or plea upon the reputation of the organization. Suspension and/or
termination of employment may result as a condition of employment.
G. Employees must notify CNB Employee Services, in writing, of any arrest,
conviction, or violation of a criminal drug statute no later than five (5) calendar
days after such occurrence. Failure to do so may result in immediate
termination of employment.
H. Refusal to submit to either required or requested drug testing under this policy
will result in immediate termination of employment.
I.
CNB will provide employees who self identify, rehabilitation services through
the Employee Assistance Program.
J. Under the EAP, it is the employee’s responsibility to ensure any treatment
facility/physician provides the Corporate Employee Services Department with
the necessary documentation to establish compliance with the employee’s
rehabilitation obligations and/or fitness for work.
V.
Definitions
A. Employee Assistance Program (EAP) - CNB recognizes that drug and
alcohol abuse can be successfully treated and is committed to helping
employees with these issues, while holding them responsible for their own
recovery. As a result, CNB offers an assistance program for employees and
their dependents. The scope of this benefit is to provide information,
preliminary assessment, referrals to rehabilitation services, confidential advice,
and short-term counseling to employees and their dependents that need or
request these services. Please see the Employee Assistance Program (CNBCORP-365) for complete information about this program.
CNB-Confidential
Supersedes Policy No
and original date:
CR-HR-410
Number:
CNB–CORP–210
Approvals:
ELT- 3/13/07
CEO- 3/13/07
Board
CHEROKEE NATION BUSINESS
CORPORATE
POLICY AND PROCEDURE
SUBSTANCE ABUSE AND
DRUG TESTING
VI.
Page 3 of 9
Date Effective:
03/13/2007
Procedures
A. Manager and Supervisor Roles and Responsibilities
Managers and Supervisors have a significant role in maintaining organizational
policies and programs; therefore, it is the responsibility of all Managers and
Supervisors to:
1. Ensure that all applicants are informed that a job offer is contingent
upon passing a drug screening test.
2. Ensure that all supervised employees continue to meet acceptable
standards of conduct and performance, including attendance;
promptly identify and address performance problems. This includes
counseling employees when changes in performance and/or behavior
are seen which suggest an employee may be under the influence of
alcohol or other drugs.
3. It is not the responsibility of the Manager/Supervisor to diagnose
personal problems (no mention of alcohol or drugs should be made);
however, the employee should be encouraged to seek appropriate
help and counseling through CNB’s EAP (Employee Assistance
Program) if the employee feels this would help his/her performance
and/or attendance.
4. If informed by an employee that he/she is taking a legally prescribed
medication that could affect the employee’s work, supervisors should
consult with upper management and/or Employee Services to
determine if the employee can continue working or should be
temporarily reassigned (if possible) or discontinue working.
B. Employee Roles and Responsibilities
1. Employees share responsibility for maintaining a safe and productive
work environment and are expected to be concerned about their
fellow employee and CNB.
2.
Employees are, therefore, responsible for reporting any knowledge of
any violations of the intent of this policy to their immediate
supervisors.
3. Intentional false accusations may result in corrective action up to and
including suspension and/or termination of employment. All
employees are expected to cooperate with any investigation regarding
CNB-Confidential
Supersedes Policy No
and original date:
CR-HR-410
Number:
CNB–CORP–210
Approvals:
ELT- 3/13/07
CEO- 3/13/07
Board
CHEROKEE NATION BUSINESS
CORPORATE
POLICY AND PROCEDURE
SUBSTANCE ABUSE AND
DRUG TESTING
Page 4 of 9
Date Effective:
03/13/2007
this policy. Failure to cooperate, providing false information or
omitting information may result in corrective action up to and including
suspension and/or termination of employment.
4. Prescription Drugs: Employees taking legally prescribed medications
must consult their doctors regarding any side effects of prescribed
medications. Employees must inform their supervisors if taking a
prescription medication that could alter their ability to perform their
jobs safely. Employees may do so without disclosing the medication
or medical condition requiring the prescription medication.
C. CNB Drug and Alcohol Screening Terms and Conditions
CNB reserves the right to conduct drug or alcohol screening tests for the
following reasons:
1. Pre-Employment – All job applicants who are offered a position must
sign a consent form to undergo drug testing for the presence of illegal
drugs as a condition of employment. Applicants refusing to either sign
the consent form or submit to a drug test will be disqualified from the
employment process. Any applicant with a confirmed positive test
result will be denied employment and will be informed that he/she has
failed to meet minimum employment standards. Applicants who
refuse a drug test or incur a positive test result may not be considered
for employment for a period of eighteen months. Applicants who are
being considered for employment will be checked against internal
databases for prior applications and drug test results. Applicants may
not be considered as employees or begin work until they have
successfully passed a drug test.
2. Random – All employees may be subject to random drug and/or
alcohol use testing. Random testing selection will be conducted on a
“neutral selection” basis, using statistically sound methodology, with
all employees having an equal chance of being selected. Random
testing dates will be unannounced and testing dates will be spread
throughout the calendar year. Employees selected for random testing
must proceed immediately to the testing area, no longer than one
hour from notification.
3. Post Accident – Employees involved in any incident or accident
resulting in injury to themselves or others or resulting in physical
damage to any property, product, equipment, or machinery may be
tested for drugs and/or alcohol. The determination whether or not to
CNB-Confidential
Supersedes Policy No
and original date:
CR-HR-410
Number:
CNB–CORP–210
Approvals:
ELT- 3/13/07
CEO- 3/13/07
Board
CHEROKEE NATION BUSINESS
CORPORATE
POLICY AND PROCEDURE
SUBSTANCE ABUSE AND
DRUG TESTING
Page 5 of 9
Date Effective:
03/13/2007
administer a drug test or an employee involved in an incident will
reside with the employee’s supervisor or manager, along with
consultation with Employee Services. The Employee Services
Director shall have a final determination if a consensus cannot be
reached. A Supervisor must accompany the employee to the nearest
Employee Services testing area as soon as possible after the incident
or accident. If Employee Services is unavailable (after business
hours) then security if applicable will be responsible for administering
the post accident test. If there is no security on site, the Manager on
Duty that has participated in the Reasonable Suspicion drug training
session will be responsible for administering the post-accident test. If
alcohol testing is recommended, the alcohol test must be
administered within two hours of the incident.
4. Self-Identification and Follow-up tests - Employees who selfidentify that they are voluntarily seeking treatment for a drug or
alcohol problem (see EAP Services above) prior to notification of a
drug test may retain their jobs on the basis of successful rehabilitation
and providing they voluntarily agree to unannounced follow-up testing
for up to 24 months following the date of self-identification and/or
completion of treatment. Employees returning to active work following
a rehabilitation leave of absence will be required to undergo a returnto-work test which must show a negative result. Follow-up testing
may consist of up to twelve tests in the next two-year period. Followup testing will be administered just before, during, or just after the
employee performs job duties. A positive result to a follow-up test
may result in immediate termination of employment.
5. Reasonable suspicion- Due either to facts or behavior as defined on
the Reasonable Suspicion Report such as, but not limited to:
 Discovering drugs and/or drug paraphernalia on the premises;
 Receiving a tip of drug dealing (buying or selling); Discovering or
receiving a documented tip of drug/alcohol use while on or off the
job;
 Finding unauthorized weapons and/or bullets/shell casings on
company property;
 Involvement in incidents of physical altercation;
 Having increased incidents of absenteeism;
 Having a deterioration of performance or increase in errors;
 Observing drug use/possession or drug dealing;
CNB-Confidential
Supersedes Policy No
and original date:
CR-HR-410
Number:
CNB–CORP–210
Approvals:
ELT- 3/13/07
CEO- 3/13/07
Board
CHEROKEE NATION BUSINESS
CORPORATE
POLICY AND PROCEDURE
SUBSTANCE ABUSE AND
DRUG TESTING






Page 6 of 9
Date Effective:
03/13/2007
Observing physical symptoms of being under the influence of
drugs/alcohol;
Showing a pattern of abnormal conduct (appearance, conduct, or
behavior);
Showing erratic behavior indicating potential drug use;
Receiving information of an arrest or conviction for a drug-related
offense;
Receiving information that the employee is the focus of a criminal
investigation involving drugs or alcohol;
Receiving newly discovered evidence that the employee has
tampered with a previous drug test.
D. Reasonable Suspicion Reporting
Any employee who reports to work and appears to be visibly impaired will be
deemed unfit to perform his or her duties and will not be allowed to work.
Steps to be followed under this circumstance are:
1. Supervisors/Managers must make every effort to contact and consult
with Employee Services management to review any suspicions. ES
managers may be contacted during evening hours and on weekends
via company cell phones.
2. Management should consult privately with the employee to determine
the cause of the behavior. Supervisors/Managers should focus on the
behavior of the employee and must refrain from premature
assumptions or allegations.
3. If it is the opinion of Management that the employee may be impaired,
the Supervisor/ Manager and/or Lead will complete the Reasonable
Suspicion Report form. The Reasonable Suspicion Report form must
be signed by two employees who are of a Lead or Supervisory/
Management level and who have both participated in the Reasonable
Suspicion Training Session. At least one of the approvers must be of
management level.
4. After completing the Reasonable Suspicion form, one of the
approvers must accompany the employee for testing to Employee
Services or to Security (if applicable) during evening or weekend
hours. If there is no Employee Services or security on site, the
Manager on Duty that has participated in the Reasonable Suspicion
drug training session will be responsible for administering the postaccident test. The test must be administered as soon as possible
CNB-Confidential
Supersedes Policy No
and original date:
CR-HR-410
Number:
CNB–CORP–210
Approvals:
ELT- 3/13/07
CEO- 3/13/07
Board
CHEROKEE NATION BUSINESS
CORPORATE
POLICY AND PROCEDURE
SUBSTANCE ABUSE AND
DRUG TESTING
Page 7 of 9
Date Effective:
03/13/2007
once the need is determined, generally within 8 hours for illegal drugs,
but no later than 48 hours. Testing for alcohol will occur no later than
two hours from the time the need is determined.
E. Positive Drug Test Results
1. Employees who test positively for drugs or alcohol will be immediately
suspended without pay and restricted from Company premises,
pending possible termination of employment. All positive drug test
results will be confirmed and receive professional medical review.
Company employees receiving a positive drug or alcohol test result
may not be considered eligible for rehire for a period of eighteen (18)
months following termination of employment.
2. Employees receiving a confirmed drug test result from the office of the
Medical Review Officer (MRO) may be terminated from employment
immediately. Employees wishing to contest a positive test result may
do so in writing to the Employee Services Director within two weeks of
the initial test result. Contested test result re-tests and confirmations
are at the employee's own expense and must be prepaid prior to the
retest process. Retests and test confirmations are made using the
same oral fluid sample used in the original test, utilizing a company
approved certified laboratory. Results from any tests utilizing another
test method or samples other than from the original oral fluid sample
are not acceptable. Information regarding drug test results will be
held in confidence and subsequent release to appropriate
management or regulatory agencies, as required, will be limited to
information deemed necessary to assist management in making
employment, benefit, and administrative decisions.
3. Employees receiving a positive alcohol test result may receive a
Corrective Action Notice or may be terminated, based upon the test
result as shown below:
a. An employee receiving a positive alcohol test result of below
.08 may receive an immediate Step 3 Corrective Action Notice
and may be formally referred to the Employee Assistance
Program.
b. An employee receiving a positive alcohol test result of .08 or
greater may be immediately terminated from company
employment.
CNB-Confidential
Supersedes Policy No
and original date:
CR-HR-410
Approvals:
ELT- 3/13/07
CEO- 3/13/07
Board
Number:
CNB–CORP–210
CHEROKEE NATION BUSINESS
CORPORATE
POLICY AND PROCEDURE
SUBSTANCE ABUSE AND
DRUG TESTING
Page 8 of 9
Date Effective:
03/13/2007
VII. Testing Procedures
A.
Substance abuse testing may be administered through use of an Oral Fluid
sample test, or a Urinalysis. Employee Services will determine the type of test
administered
B.
Alcohol testing will be administered by use of the Alcohol Swabs test.
C.
Administration of Test
Administration may be handled with either of the following processes and will
be determined by Employee Services
1. Administration may be handled by an on-site Employee Services
representative during regular office hours and by security personnel
after hours and on weekends if applicable, in either a confidential
Employee Services Department location or confidential office location.
If there is no Employee Services or security on site, the Manager on
Duty that has participated in the Reasonable Suspicion drug training
session will be responsible for administering the test.
2. Administration may also be handled through use of an offsite
laboratory. Employee Services will notify the employee who will be
provided a date for the test and the location of the lab.
D. Drugs Tested
Substance abuse testing for job applicants and employees may include, but is
not limited to, a screen for the following drugs:
 Alcohol
 Amphetamines (includes methamphetamine)
 Barbiturate
 Benzodiazepine
 Cannabinoid (marijuana, hashish)
 Cocaine
 Ethanol
 Methadone
 Methaqualone
 Opiates (morphine, codeine)
 PCP (phencyclidine)
NOTE: Applicants and employees are responsible for insuring that any herbal
medicines or teas (such as but not limited to coca tea or products containing extracts
from the coca plant or coca leaf) or any other non-prescription or over-the-counter
special remedies (and those purchased on-line) do not contain a controlled or illegal
CNB-Confidential
Supersedes Policy No
and original date:
CR-HR-410
Approvals:
ELT- 3/13/07
CEO- 3/13/07
Board
Number:
CNB–CORP–210
CHEROKEE NATION BUSINESS
CORPORATE
POLICY AND PROCEDURE
SUBSTANCE ABUSE AND
DRUG TESTING
Page 9 of 9
Date Effective:
03/13/2007
substance. The use of any product containing coca leaf, coca tea or coca plant (or
extract) may contain the same or similar illegal substance as cocaine and will not be
recognized by CNB as a legitimate excuse or safe harbor from the consequences of a
positive drug test result.
E. Confidentiality
1. CNB will maintain drug and alcohol test results and related information
as confidential records in CNB’s corporate Employee Services
Department. Test records are the property of CNB and will be retained
for a period of three years.
2.
Employees may request copies of their test records by submitting a
written request to the Corporate Employee Services Department and
may authorize, in writing, the release of test results to a specific,
identified person.
3.
Employees have the right to confidentially discuss test results with the
Medical Review Officer (MRO) and have the right to submit the same
test sample for retesting, at the employee’s expense.
4.
CNB may disclose information related to drug or alcohol test results for
proceedings necessary to determine continued employment or benefits
sought by the employee related, but not limited to, unemployment
compensation, workers’ compensation benefits, reinstatements, lost
wages, attorney fees, or court costs. Test results may be shared with
the Cherokee Gaming Commission for purposes of licensing
requirements.
F. Employee Training
CNB will provide drug and alcohol awareness information to employees which
will include Substance Abuse and Drug Testing policy and information about
the Employee Assistance Program. As a condition of continued employment,
all employees must sign the Substance Abuse and Drug Testing Policy
Acknowledgement and Agreement Form.
G. Supervisor/Management Training
CNB will provide drug and alcohol awareness training and training on
recognizing the signs and symptoms of substance abuse to all supervisory
employees upon implementation of the Program and to employees who are
promoted to any supervisory position.
CNB-Confidential