Drug and Alcohol Workplace Rules and Testing Policy and Procedures (non-MN)

Last Modified:  Oct. 4, 2012

WORK RULES

I. PHILOSOPHY

U.S. Bank is committed to providing a work environment free from the effects of alcohol, illegal drugs and the abuse or improper use of prescription and over-the-counter medication. Consistent with this philosophy, U.S. Bank has adopted this Policy prohibiting use of alcohol and drugs in the workplace. This Policy is in furtherance of the U.S. Bank Code of Ethics and Business Conduct statements (see Section 2.2.1 and Driving for U.S. Bank Business) regarding our Drug- and Alcohol-Free Workplace. Also, as a condition of employment on a Federal contract or grant, employees must (1) abide by the terms of this policy; and (2) notify their manager or Human Resources generalist - within five calendar days – if they are convicted of a criminal drug violation in the workplace.

II. WORK RULE ON ALCOHOL

The possession, use, sale, transfer, or dispensation of alcoholic beverages on U.S. Bank property or job sites, or on non-U.S. Bank property during regular working hours, is prohibited (except in moderation at business-related social functions, in which circumstances employees must remain professional, sober and safe at all times so that they do not compromise their own safety or the safety of others). Furthermore, an employee is not permitted to report to work or operate U.S. Bank vehicles, machinery, or equipment while under the influence of alcoholic beverages, as determined by U.S. Bank. An employee will be considered to be "under the influence" when consumption of any alcoholic beverage has impaired or is likely to impair the employee's job performance in the judgment of a U.S. Bank supervisor. Employees who violate this work rule are subject to disciplinary action up to and including discharge. See also, policies in the Code of Ethics and Business Conduct, Sections 2.2.1 and 2.2.2 for additional information.

III. WORK RULE ON DRUGS

The possession, manufacture, use, sale, transfer, or dispensation of controlled substances (including, but not necessarily limited to amphetamines, cocaine, marijuana, opiates, phencyclidine (PCP)), intoxicants (any substance whether legal or illegal that produces a condition of diminished mental or physical capabilities, including medical marijuana) or the improper use of other drugs during working hours or on U.S. Bank or Customer property and job sites is prohibited. An employee is not permitted to report to work or operate U.S. Bank vehicles, machinery, or equipment while under the influence of any drug or controlled substance that could cause safety risks or otherwise adversely affect performance. Employees who violate this work rule are subject to disciplinary action up to and including discharge.

No prescription drug shall be brought upon U.S. Bank or Customer property by any person other than the person for whom the drug is currently prescribed by a licensed medical practitioner, and shall be used only in the manner, combination and quantity prescribed.

Employees who are under a physician's care and who are taking prescribed or over-the-counter substances that could affect performance must inform their manager or supervisor of safety risks and other performance concerns.  (The employee is not required to provide the name of the medication.)  This information is important to U.S. Bank in ensuring that safety and efficiency are maintained. Employees failing to make such a report and/or whose performance, attendance, or safety (or that of others) is adversely affected by their abuse of prescription drugs may be referred to the Employee Assistance Program and shall be subject to disciplinary action up to and including discharge. See also, policies in the Code of Ethics and Business Conduct, Sections 2.2.1 and 2.2.2 for additional information. Employees will not be disciplined for reporting concerns related to the valid use of over-the-counter and prescription medications.

IV. EMPLOYEE ASSISTANCE PROGRAM (EAP)

U.S. Bank recognizes that drug and alcohol abuse may be successfully treated. Employees who feel that substance abuse is a problem for themselves or family members can obtain confidential help through the employee assistance provider.

Any employee who is unable to work due to alcohol or drug use or who violates this policy may be sent home and may be subject to disciplinary action, up to and including termination. In addition, the employee may be referred to the employee assistance program for a confidential evaluation. This referral does not preclude other disciplinary action, including termination of employment, nor does it imply or constitute disciplinary action.

Participation in a rehabilitation program for a drug and/or alcohol-related problem generally will not jeopardize an employee's job. However, participation in rehabilitation will not prevent U.S. Bank from taking disciplinary action, up to and including termination, for a violation of this or any other applicable U.S. Bank policy in situations deemed appropriate by management, or relieving an employee of the responsibility to perform job duties.

V. RIGHT TO CONDUCT A SEARCH

U.S. Bank reserves the right to take necessary action to maintain a safe work environment free from drugs and alcohol. Such action may include, but is not limited to, inspections or searches of U.S. Bank premises and/or property, including personal property of employees, property of other persons entering or leaving U.S. Bank premises, and any other personal property found or maintained on U.S. Bank premises. Such searches or inspections will be conducted when U.S. Bank believes this policy has been violated. A property search will be conducted in consultation with U.S. Bank Corporate Security and Human Resources.
 

DRUG AND ALCOHOL TESTING PROCEDURES

I. DEFINITIONS

A. Alcohol - any liquid that has an alcohol content in excess of .5% by volume. This may include, but is not limited to, beer, wine, liquor, cough syrups, and similar mixtures containing alcohol as an ingredient.

B. Company Property - the work site, parking lot, vehicles or machinery owned by U.S. Bank and all other real or physical property owned, leased, or occupied by U.S. Bank.

C. Confirmatory Test and Confirmatory Retest - a drug or alcohol test that uses a method of analysis that is reliable for providing specific data as to the drugs, alcohol, or their metabolites detected in an initial screening test and that meets with the requirements of applicable state law and/or regulations.

D. Drug - a controlled substance, including, but not necessarily limited to, the following: amphetamines, cocaine, marijuana, (including medical marijuana), opiates, or phencyclidine (PCP), or their metabolites, and any substance used outside of prescribed medical direction for the primary purpose of altering moods, behavior, consciousness or performance. Such prohibited substances include, but are not limited to, non-prescription inhalants, and prescription medications without a valid prescription or used in a manner inconsistent with a valid prescription. The terms "drug" and "controlled substance" are used interchangeably throughout this Policy.

E. Employee - any person, independent contractor, or person working for an independent contractor who performs services for compensation, in whatever form, for U.S. Bank.

F. Initial Screening Test - a drug or alcohol test that uses a method of analysis that is capable of providing data as to general classes of drugs, alcohol, or their metabolites and that meets with the requirements of applicable state law and/or regulations.

G. Job Applicant - a person, independent contractor, or person working for an independent contractor who applies to become an employee of U.S. Bank and who has received a job offer made contingent on passing a drug test.

H. Positive Test Result - a finding of the presence of drugs, alcohol, or their metabolites in the sample tested in levels at or above the threshold detection levels set by applicable state law or regulations.

I. Treatment program testing - applies to employees who have been referred by U.S. Bank for chemical dependency treatment or evaluation, or is participating in a chemical dependency treatment program under an employee benefit plan, in which case the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program.

J. Reasonable suspicion - a basis for forming a belief based on specific facts and rational inferences drawn from those facts. Testing may include situations when observed behavior is characteristic of one who is under the influence of drugs or alcohol or where there is reason to believe an employee has violated this policy.

K. Safety-sensitive or "high-risk" position - a job, including any supervisory or management position, in which impairment caused by drug or alcohol usage would threaten the health or safety of any person. 

II. INDIVIDUALS SUBJECT TO TESTING AND CIRCUMSTANCES UNDER WHICH TESTING MAY BE REQUIRED

A. Job Applicants.  External job applicants who are offered a position with U.S. Bank may be required to submit to a drug test prior to beginning their employment.  The drug test shall be administered only after the making of a conditional offer of employment. All applicants conditionally offered a position in the same job will be subject to testing.
B. Employees.  An employee may be tested in the circumstances described in Section IV, below.

III. REFUSAL TO SUBMIT TO TESTING

A. Before requesting a job applicant to undergo drug testing, U.S. Bank will ask the job applicant to complete a form on which the job applicant acknowledges that he or she has seen and read this Policy. A job applicant may refuse to submit to a drug test that U.S. Bank has requested pursuant to this Policy. Upon such refusal, U.S. Bank will withdraw its offer of employment to the job applicant.

B. Before requesting an employee to undergo drug and/or alcohol testing, U.S. Bank will ask the employee to complete a form whereby the employee acknowledges that he or she has seen and read this Policy. Employees may refuse testing. Employees who refuse to be tested will be discharged.

C. In addition to verbally refusing to undergo testing, an employee/job applicant is considered to have refused to submit to testing if he or she:

(1) Fails to provide an adequate sample (whether urine or other), without a genuine inability to do so, as determined by a medical evaluation;

(2) Engages in conduct that obstructs the testing, including alteration, adulteration or sabotage of such test;

(3) Refuses to sign a drug or alcohol testing form provided by U.S. Bank or a designated laboratory;

(4) Does not make himself or herself readily available for testing following an accident, as defined in Section IV. However, nothing in this Policy shall be construed to require the delay of necessary medical attention for injured persons following an accident or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.

IV. TESTING CIRCUMSTANCES

A. Pre-Employment/Post-Offer Testing.  External job applicants who are offered a position with U.S. Bank may be required to submit to a drug test prior to beginning their employment depending on the anticipated job assignment. The drug test shall be administered only after the making of a conditional offer of employment.

B. Existing Employees.  Existing employees may be subject to testing where required by law or by contract.

C. Post-Accident Testing.  An employee may be subject to drug and/or alcohol testing when the employee has caused or is involved in a work-related accident or was operating or helping to operate machinery, equipment, or a vehicle in a work-related accident and such accident results in a serious injury or property damage estimated at the time of the accident to exceed $1,000. For purposes of this Policy, a "serious injury" is defined as an injury requiring medical treatment other than very basic first aid (i.e., the application of an adhesive bandage or the dispensation of aspirin).

D. Reasonable Suspicion.  An employee may be requested or required to undergo a drug and/or alcohol test if there is reasonable suspicion that the employee has violated this Policy or any other applicable U.S. Bank policy.

E. Treatment Program Testing.  U.S. Bank may require an employee to undergo drug and/or alcohol testing if that employee has been referred by U.S. Bank for chemical dependency treatment or evaluation, or is participating in a chemical dependency treatment program under an employee benefit plan. Under such circumstances, the employee may be required to undergo drug and/or alcohol testing at any time, without prior notice, during the evaluation or treatment period and for a period of up to two (2) years following completion of the treatment, evaluation, or program.

F. Random.  Employees in safety-sensitive or "high-risk" positions may be randomly tested, without prior notice.

V. SPECIFIC PROCEDURES

A. Before an employee or job applicant is asked to undergo drug or alcohol testing, the employee or job applicant will be given an acknowledgment and consent form to complete.

B. If the initial screening test of the fluid sample evidences a negative test result, U.S. Bank will inform the employee or job applicant in writing of the negative test result within a reasonable amount of time (or as required by state law) after receipt of the test result from the testing laboratory.

C. If the initial screening test evidences a positive test result, the testing laboratory will automatically run a confirmatory test on the sample.

D. If the confirmatory drug and/or alcohol test evidences a negative test result, U.S. Bank will notify the employee in writing within a reasonable amount of time (or as required by state law) of receipt of the result from the testing laboratory.

E. If the confirmatory drug and/or alcohol test evidences a positive test result, U.S. Bank will notify the employee or job applicant in writing within a reasonable amount of time (or as required by state law) of receipt of the result from the laboratory and will further inform the employee of the following

(1) The employee or job applicant may submit information to U.S. Bank in writing within three (3) working days after notice of a positive test result on a confirmatory test to explain that result. The employee or job applicant may provide information about any over-the-counter or prescription medication he or she is currently taking or has recently taken, or any other information relevant to the reliability of, or explanation for, a positive test result.

(2) The employee or job applicant may request in writing a confirmatory retest of an original sample at the employee's own expense after notice of a positive test result on a confirmatory test.

(i) Within five (5) working days after notice of a confirmatory test result, the employee must notify U.S. Bank in writing of his or her intention to obtain a confirmatory retest by the laboratory utilized by U.S. Bank or another certified laboratory.

(ii) After receipt of notice that the employee wishes to have a confirmatory retest conducted on his or her sample, U.S. Bank will, within a reasonable amount of time (or as required by state law), notify the original testing laboratory that the employee has requested a confirmatory retest. No adverse personnel action will be taken if a confirmatory retest does not confirm an original positive test result.

VI. CONSEQUENCES OF A POSITIVE TEST

A. Job Applicants.  Where an applicant's confirmatory drug test is positive and where the job applicant either does not obtain a confirmatory retest or the confirmatory retest is positive, the contingent employment offer to a job applicant will be withdrawn and the individual will not be hired.

B. Employees.  If an employee who tests positive on a confirmatory test and/or a confirmatory retest, the employee may be terminated.

At the sole discretion of U.S. Bank, an employee who tests positive on a confirmatory test and/or a confirmatory retest, may be given an opportunity to participate in either a drug or alcohol counseling or rehabilitation program. U.S. Bank will consult with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency to determine what type of program is appropriate. The employee may participate in the program at their own expense or pursuant to coverage under U.S. Bank's employee benefit plan (to the extent that the employee is eligible for such benefits). If the employee successfully completes the program, the employee will be returned to work with U.S. Bank. Refusal to participate in the counseling or rehabilitation program, withdrawal from the program before its completion, or a positive test result on a treatment program test after completion of the program, may result in immediate discharge.

C. Copy of Test Report.  An employee or job applicant may request in writing from U.S. Bank a copy of the test results report on any drug or alcohol test taken by that employee.

VII. CONFIDENTIALITY

Employees are allowed access to any information in their personnel file relating to drug and alcohol testing. All information acquired in the testing process is confidential information, which will not be disclosed to another employer, or third-party individual, governmental agency or private organization without the written consent of the employee or job applicant, with the following exceptions: (1) evidence of a positive test result on a confirmatory test or confirmatory retest may be used in an administrative hearing, judicial proceeding, or arbitration, where the test result is relevant to the proceeding; (2) evidence of a positive test result on a confirmatory test or a confirmatory retest may be disclosed to any federal agency or United States government unit as required under federal law, regulation or order, or in accordance with a federal government contract; (3) evidence of a positive test result on a confirmatory test or confirmatory retest may be disclosed to a substance abuse treatment facility for the purpose of evaluation or treatment of the employee.

VIII. EFFECT OF POLICY

None of the provisions of this Policy is to be regarded as a contract between U.S. Bank and any of U.S. Bank's employees or job applicants. Any actions taken pursuant to this Policy are in U.S. Bank' complete discretion and U.S. Bank shall have complete and final discretion concerning all interpretations of the Policy and any disciplinary action including discharge which U.S. Bank chooses to impose on its employees. Nothing in this Policy constitutes a modification or limitation on U.S. Bank's right to terminate the employment of a U.S. Bank employee for any reason or no reason or refuse to hire any job applicant.

IX. QUESTIONS

Please direct any questions regarding this Policy to your Human Resources representative.