Drug-Free and Alcohol-Free Workplace

I. Purpose

In compliance with the Drug-Free Workplace Act of 1988 and applicable federal and New Mexico law, Southwest Care Center (SCC) is committed to maintaining a safe, healthy, and productive work environment.

The unlawful manufacture, distribution, possession, use, or impairment from drugs or alcohol in the workplace poses serious risks to employees, patients, and organizational operations. SCC prohibits drug and alcohol use that interferes with safe and effective job performance.

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As a federal grantee, SCC must comply with federal requirements and therefore treats marijuana as an illegal drug under this policy, regardless of state legalization.

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II. Definitions

1. Company Premises:All buildings, offices, facilities, grounds, parking lots, lockers, and vehicles owned, leased, or controlled by SCC, or any site where SCC business is conducted.

2. Illegal Drug: Any controlled substance listed in Schedules I–V of 21 C.F.R. Part 1308 that is not being used pursuant to a valid prescription from a licensed healthcare provider. This includes marijuana due to SCC’s federal funding obligations.

3. Refusal to Cooperate: Failure to submit to required testing without a valid medical or legally protected reason; tampering with or adulterating a specimen; failing to report for testing when directed; or obstructing the testing process.

4. Under the Influence of Alcohol: An alcohol concentration of 0.04 or greater, or observable behavior indicating impairment such as slurred speech, unsteady movement, confusion, or diminished performance.

5. Under the Influence of Drugs: A confirmed positive test result verified by a Medical Review Officer (MRO), or observable impairment caused by illegal drugs or misuse of prescription or over-the-counter medication.

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III. Scope

This policy applies to:

• All SCC employees

• Applicants for employment

• Independent contractors, to the extent permitted by law and contractual agreement

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IV. Policy

Employees must report to work fit for duty and free from impairment caused by drugs or alcohol.

This policy does not prohibit lawful use of prescribed medications. Employees are responsible for consulting with their healthcare provider regarding medication effects on job performance and must disclose any work restrictions to their supervisor or Human Resources.

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A verified positive drug or alcohol test constitutes a violation of this policy regardless of whether impairment is observed at the time of testing.

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V. Employee Assistance

SCC will comply with the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and New Mexico law regarding reasonable accommodation and medical leave for employees seeking treatment for substance use disorders.

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SCC strongly encourages employees who may have a drug or alcohol problem to seek assistance before their job performance is affected or before they become subject to testing or disciplinary action under this policy.

Employees who voluntarily request assistance prior to a policy violation or before being directed to submit to testing may be eligible for leave, reasonable accommodation, or referral to treatment programs in accordance with applicable law.

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Employees are expected to take responsibility for maintaining compliance with this policy. SCC will not excuse policy violations based solely on a request for treatment made after a positive test result or after an employee has been directed to submit to testing. ​​Requests for assistance made after an employee has been notified of required testing or after a policy violation has occurred will not prevent disciplinary action.

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Employees in safety-sensitive positions or those who have violated this policy previously may be required to document successful participation in treatment and submit to follow-up testing as a condition of continued employment.

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Nothing in this policy limits an employee’s rights under the ADA or FMLA.

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VI. Work Rules

Employees are prohibited from the following while on SCC premises, during work hours, or while performing SCC business:

• Using, possessing, selling, manufacturing, or distributing illegal drugs (including marijuana) or drug paraphernalia

• Being under the influence of alcohol or drugs

• Possessing or consuming alcohol

• Working while impaired by prescription or over-the-counter medication

All prescription medications must be kept in their original labeled container.

Illegal drugs or paraphernalia may be reported to law enforcement when required by law.

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VII. Required Testing

A. Pre-Employment Testing: Drug testing will be conducted only after a conditional offer of employment has been made. Applicants who refuse to test or who test positive will be disqualified from employment consideration.

B. Reasonable Suspicion Testing: Employees may be tested based on specific, documented observations of behavior indicating impairment. Human Resources must be consulted prior to testing and to initiate the reasonable suspicion process.

 

Indicators may include, but are not limited to:

• Odor of alcohol

• Unsteady movement

• Slurred speech

• Altered appearance or behavior

• Confusion or loss of coordination

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Employees will be transported to and from the testing facility.  ​Refusal to submit to required testing without a valid medical or legally protected reason will be treated as a violation of this policy and may be considered equivalent to a confirmed positive test result, subject to disciplinary action up to and including termination.

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C. Post-Accident Testing

Employees may be tested following workplace accidents involving injury or significant property damage. Testing should occur as soon as practicable following the incident.

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VIII. Collection and Testing Procedures

Testing will be conducted in accordance with federal and New Mexico regulations and will maintain chain of custody and confidentiality.

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A. Alcohol Testing: Breath, blood, or saliva testing may be used. Confirmatory testing will occur if initial results meet or exceed applicable thresholds.

B. Drug Testing: Specimens will be analyzed by a federally certified laboratory and reviewed by an MRO. Employees may request split specimen testing at their own expense within 72 hours.

C. Results: No positive result will be reported to SCC until verified by the MRO and the employee has had an opportunity to provide a lawful medical explanation.

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IX. Consequences

SCC maintains a zero-tolerance standard for employees who report to work under the influence of drugs or alcohol, who possess or use illegal drugs (including marijuana), or who otherwise violate this policy.

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A confirmed positive drug or alcohol test, or refusal to submit to required testing without valid medical or legal justification, will be considered a serious violation of this policy and will normally result in disciplinary action up to and including termination, consistent with applicable law and the circumstances of the violation.

SCC may, at its sole discretion, offer a last-chance agreement that may include mandatory participation in a treatment program, follow-up testing, and continued compliance with this policy as a condition of continued employment.

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Employees will be paid for time spent in required testing. Employees suspended pending test results will receive back pay if results are negative.

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X. Confidentiality

All drug and alcohol testing records and medical information will be maintained as confidential medical records, separate from personnel files, and disclosed only on a need-to-know basis or as required by law.

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XI. Inspections

SCC may inspect company property, lockers, and vehicles. Personal searches will be conducted only when legally permissible and with appropriate consent or legal authority.

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XII. Crimes Involving Drugs

Employees must report any conviction related to illegal drugs occurring in the workplace within five (5) days. SCC will take appropriate action in compliance with federal requirements. 

 

Off-duty conduct will be addressed only when it has a direct and material impact on job performance, workplace safety, or SCC’s legal obligations.

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XIII. Non-Discrimination

This policy will be administered in a nondiscriminatory manner consistent with federal and New Mexico employment laws.

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XIV. Enforcement

The VP of Human Resources is responsible for interpretation, administration, and enforcement of this policy.

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XV. References

• Drug-Free Workplace Act of 1988 (21 U.S.C. § 813)

• Americans with Disabilities Act

• Family and Medical Leave Act

• New Mexico Human Rights Act