Drugs and Alcohol

Dow Aero ("Company") has a long-standing commitment to providing a safe, quality-oriented, and productive work environment through compliance with the Drug-Free Workplace Act of 1988, along with appropriate Federal Aviation Administration (FAA) and Department of Transportation (DOT) regulations.

Drug and alcohol abuse poses a threat to the health and safety of all Company employees, the safe use of Company equipment and facilities, along with the protection of the surrounding communities in which we operate within and travel through. For these reasons, the Company is committed to eliminating improper drug and alcohol use and abuse by all employees while on the job.

Substance Abuse Assistance

The use of illegal drugs, improper use of prescription drugs, and alcohol abuse can have many serious adverse health and safety consequences for employees and those around them. Information about those consequences may be found in a mandated training course in which you may have just completed.

For assistance in the treatment of drug and/or alcohol abuse, the Company provides resources that employees may contact before serious complications may arise. These substance abuse service providers include:

Oklahoma Department of Mental Health & Substance Abuse Services
Address 2000 North Classen Boulevard, Suite E600, Oklahoma City, Oklahoma 73106
Phone 1.405.522.3908 | Fax 1.405.248.9321
Web www.ok.gov/odmhsas

Substance Abuse and Mental Health Administration
Address 5600 Fishers Lane, Rockville, Maryland 20857
Phone 1.800.622.HELP (4357)
Web www.samhsa.gov

The Company may be able to assist, support, and reasonably accommodate anyone who voluntarily seeks help in accordance with federal, state, and local law, along with regulatory requirements. Available support may include:

  • Approval to submit a leave request to undergo treatment .

    • Accrued paid time off (PTO) may be used.

    • Otherwise placed on a Non-FMLA Leave of Absence.

  • Referred to treatment providers.

Once a drug and/or alcohol screening has been scheduled, and unless otherwise required by the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA), the employee will have forfeited the opportunity to be granted leave for treatment and enforcement of disciplinary action shall occur.

Employees are expected to report to work fit for duty and free of any adverse effects of illegal drugs or alcohol. No one prohibited from the lawful and proper use and possession of prescribed medications. However, employees shall consult with their medical professional(s) about any medications they use and the effect on their fitness for duty, along with their ability to work safely. If work restrictions apply for the use of a prescribed medication(s) employees must promptly notify their direct/indirect manager or immediate supervisor, department lead, or the Company’s Human Resources (HR) department.

Employees shall not disclose underlying conditions, unless such conditions may impact their ability to safely complete job responsibilities.

Work Rules

  1. Whenever employees are working, operating any Company vehicles and/or equipment, present on Company premises, or are conducting Company-related duties (even when off Company premises), they are prohibited from:

    • Using, possessing, buying, selling, manufacturing, or dispensing illegal drugs and alcohol.

      • Including the use and/or possession of marijuana, as applicable by federal, state, or local law.

        • Contact the Company’s Human Resources (HR) department for site- and role-specific rules for your work area.

      • Also includes possessing drug paraphernalia.

    • Being under the influence of alcohol or an illegal drug as defined in this policy.

      • Employees shall not consume alcohol within four (4) hours before the start of their shift or eight (8) hours following an incident.

  2. Employees are required to have government-issued identification, with photograph, on them while conducting business-related activities; even when outside work premises.

    • Identification will be necessary in order for an employee to complete a drug and/or alcohol screening.

    • The Company will verify that acceptable identification is available when necessary.

  3. Employees are not to perform duties when they are required to take prescribed drugs that are adversely affecting their ability to safely and effectively perform job responsibilities.

    • Employees taking a prescribed medication must carry it in the container labeled by a licensed pharmacist and be prepared to produce if asked.

  4. When reasonable suspicion exists that an employee is under, or has been verified to be under, the influence of drugs and/or alcohol, the employee shall not be permitted to drive themselves to a collection site for a screening or back home after the screening.

    • Transportation shall be arranged to pickup the employee.

      • If the employee refuses to take arranged transportation and proceeds to drive off the premises, law enforcement shall be notified.

Collection and Testing Procedures

Drug Testing

When testing for the use of illegal drugs for employees and candidates a urine specimen is to be collected. Specimens are to be provided in private as long as the donor does not appear to be providing altered, adulterated, or substituting specimens or unless required by the Company’s Medical Review Officer (MRO). Collected specimens should be sent to a federally certified laboratory and tested for evidence on the illegal use of:

  • Marijuana

  • Cocaine

  • Opiates

  • Phencyclidine (PCP)

  • Amphetamines

The laboratory should screen all specimens and confirm all positive screenings. There must be a chain of custody from the time specimens are collected, tested, and stored.

Individuals with positive test results may also ask an applicable Medical Review Officer (MRO) to have their split specimen sent to another federally certified laboratory to be tested at the employee's or candidate's own expense. Such requests must be made within seventy-two (72) hours of notice of the test results. If the second facility fails to find any evidence of drug use in the split specimen, the employee or candidate will be treated as if they have passed the test. In no event should a positive drug test result be communicated to the Company until such time that the Medical Review Officer (MRO) has confirmed the test to be positive.

For purposes of this policy, test results generated by law enforcement or medical providers may be considered by the Company as a violation when in accordance to federal, state, and local law.

Marijuana

With many state and local laws allowing the use of marijuana for medical and/or recreational use, while federal laws and regulations prohibit its use, it can be rather confusing to determine whats acceptable and what is not. In adding to the confusion, Company drug policies will also vary depending on an employee's Job Function Status, which is determined by whether they complete safety-sensitive job functions, as determined by the Federal Aviation Administration (FAA) and Department of Transportation (DOT). The following works to clarify this, as it explains the rules for employees that have a Job Function Status of Safety-Sensitive and Non Safety-Sensitive.

Employees required to perform job duties that are considered safety-sensitive, and thus have a Job Function Status of Safety-Sensitive, shall be required to comply with federal regulations, as set by the Federal Aviation Administration (FAA) and Department of Transportation (DOT). These current regulations do not allow the use of marijuana, regardless of whether state and/or local law allows marijuana to be used medically or recreationally. This also includes applicants applying for positions that will include safety-sensitive job functions. 

Employees who do not perform safety-sensitive functions, and thus have a Job Function Status of Non Safety-Sensitive, will abide by the federal Drug-Free Workplace Act of 1988 and/or by state or local law, as appropriate. This also includes applicants applying for positions that do not include safety-sensitive job functions. Generally, marijuana use and/or possession will not be permitted on Company premises, when in accordance with state or local laws. Additionally, drug test results that confirm the use of marijuana, will only be approved when lawfully used. Please consult with Human Resources for site-specific rules for your work area.

Cannabidiol (CBD)

Cannabidiol ("CBD") products are legally permitted to be used and/or possessed while on Company premises and while conducting Company-related duties as these products lack the tetrahydrocannabinol ("THC") compound, which is identified on drug screenings and provides the feeling of being "high". When used appropriately an individual being tested would not be expected to test positive for marijuana. However, in using extremely high levels of CBD or other hemp products it is possible that a drug test could result in a positive result.

While it would appear that CBD use alone would not result in a positive drug test, it is still recommended by the Company that you refrain from using CBD as there is still the slight possibility that a drug test would be returned with a positive result. This is especially true for employees performing safety-sensitive job functions, as these employees must comply with federal laws and regulations as set by the Federal Aviation Administration (FAA) and Department of Transportation (DOT), which strictly forbids the use of marijuana, regardless of whether state or local law allows marijuana to be used medically or recreationally.

Alcohol Testing

When testing for the use of alcohol for employees a breath specimen shall be collected. Analysis of the specimen shall be performed by a trained technician that is using a federally approved breath alcohol testing device.

If a breath alcohol concentration is .04 or more, a second breath specimen will be collected. The results of the second test should be determinative. Should the second test have a breath alcohol concentration of .04 or higher this will be considered a violation of this policy and disciplinary action shall occur. Should the second test have a breath alcohol concentration above .02, but below .04 the employee will at minimum be removed from safety-sensitive job functions for the remainder of their shift.

For purposes of this policy, test results generated by law enforcement or medical providers may be considered by the Company as a violation when in accordance to federal, state, and local law.

Types of Testing

Pre-Employment

All candidates that have been awarded a conditional offer of employment with the Company shall complete and receive a negative result for a drug test before starting work with the Company. As of October 1, 2018, employees with a Job Function Status of Safety-Sensitive are no longer required to complete a breath alcohol test (BAT) prior to their hire date with the Company. Candidates will be permitted to complete the pre-employment drug screening on their own. The screening is expected to be completed within a reasonable amount of time to avoid delays in the start of employment. In excessive circumstances a delay may result in the conditional offer of employment with the Company being rescinded.

Random

All employees may be subject to an unannounced, random drug and/or alcohol screening at anytime throughout employment with the Company. Employees will be permitted to complete random drug and/or alcohol screenings on their own. Employees will be expected to submit to the random screening(s) as soon as possible, but within fifteen (15) minutes upon notice. Compensation for completing a random screening will be provided when completed in a reasonable amount of time. Employees with a Job Function Status of Safety-Sensitive may return to conducting safety-sensitive job functions while the results are pending.

Reasonable Suspicion

All employees are subject to reasonable suspicion screening(s) based on, but not limited to observations of apparent drug and/or alcohol workplace use, possession, or impairment. A member of management, or designated appointee, shall accompany the employee to the reasonable suspicion screening(s). The reasonable suspicion screening(s) shall be completed as soon as possible. Under no circumstance will the employee be allowed to transport themselves to the collection site.

Alcohol test results will be immediately available at the collection site, while drug results will require more time. When a drug screening has been performed the employee may not return to safety-sensitive job functions until the test results have been collected.

Compensation for completing a reasonable suspicion screening will not be provided unless results are negative. The Company, at it's discretion, may suspend the employee without pay until the results have been returned. If the drug results are negative, the employee will be compensated appropriately for time lost. 

Post-Accident

Employees may be subject to a post-accident screening when they:

  • Cause or contribute to an accident that results in an injury to themselves or another employee, or which causes serious damage to Company equipment and/or facilities; and

  • In which there is a reasonable foundation in concluding that drug and/or alcohol use could have contributed to the incident.

A circumstance that constitutes as probable belief will be presumed to arise in any instance involving a work-related injury or accident in which an employee who was operating a motorized vehicle (including a Company forklift, cargo van, etc.) is found to be responsible for causing the accident. In any of these instances, the investigation and subsequent screening must take place within two (2) hours following the accident. 

Under no circumstance will the employee be allowed to transport themselves to the collection site. A member of management, or designated appointee, shall accompany the employee and the test(s) shall be completed as soon as possible.

Alcohol test results will be immediately available at the collection site, while drug results will require more time. When a drug screening has been performed the employee may not return to safety-sensitive job functions until the test results have been collected. If the incident involves a vehicle, the employee will not be permitted to operate this type of equipment until test results have been returned.

Compensation for completing a post-accident screening will not be provided unless results are negative. The Company, at it's discretion, may suspend the employee without pay until the results have been returned. If the drug results are negative, the employee will be compensated appropriately for time lost. 

Follow-Up

Employees who have tested positive on a drug and/or alcohol test, or otherwise violated the Company's drug and alcohol program, may be offered an opportunity to return to work for the Company, at its discretion. This will be on a zero tolerance basis pursuant to the terms set by the Substance Abuse Professional (SAP). The terms, at minimum, shall include:

  • Follow-Up drug and/or alcohol testing with a frequency determined by the Substance Abuse Professional (SAP).

    • The Company shall determine the dates in which follow-up drug and/or alcohol testing occurs.

    • The employee shall have the cost of follow-up drug and/or alcohol testing deducted from their payroll.

      • If a positive result is returned during the follow-up schedule the employee shall be subject to immediate termination and will not be eligible for rehire.

Return-to-Duty

Employees who have been on an extended leave for over twelve (12) weeks but that maintained active employment are required to complete a drug screening and receive an acceptable result before being permitted to return to work.

Depending on the specific circumstances of a failed test result being received, an employee’s approved return-to-duty date could be delayed and may result in additional disciplinary action, up to immediate termination of employment.

Testing Protocols

For more information select to see the drug and alcohol testing protocols >

Release of Information

Once a candidate's hire date with the Company has been confirmed, for a role that includes safety-sensitive job functions, a Release of Information Record must be completed for the candidate's current and/or previous employer(s) within the last two (2) years. Similarly, when an active employee is set to transfer to a role which includes safety-sensitive job functions a Release of Information Record must be completed for the employee's current and previous employer(s) within the last two (2) years. Refusal to complete a Release of Information Record will result in the employee being disqualified from performing safety-sensitive functions, and may result in further disciplinary action, up to and including termination of employment.

If practicable, the Release of Information Record shall be obtained and reviewed before the employee performs safety-sensitive job functions, however, as this is typically not feasible the Release of Information Record shall be obtained and reviewed as soon as possible. An employee shall not be permitted to perform safety-sensitive job functions after thirty (30) days from the date the employee first performed safety-sensitive job functions, unless a good-faith effort to obtain this information has been documented. As of July 6, 2018, a documented good-faith effort to obtain this information will include:

  • Contacting the previous employer, generally up to three attempts, with the information provided by the employee on the Release of Information Record and/or via contact information that is publicly available.

    • e.g. website, advertisement, etc.

  • Any submission attempt to acquire this information shall be recorded in the employee's Human Resources Information System (HRIS), BambooHR, profile and will include:

    • Type of submission used (e.g. mail, email, fax);

    • The current/previous employer's name;

    • Whether the current/previous employer is a known Department of Transportation (DOT) regulated company;

    • Date(s) the Release of Information Record was submitted;

    • Date the Release of Information Record was returned (if applicable); and

    • Whether a violation was identified by the Release of Information Record (if applicable).

    • Identifies if verified by the Company’s designated employer representative.

Select to view release of information protocols >

Inspections

The Company reserves the right to inspect all portions of its premises for drugs, alcohol, or other unapproved contraband. All employees and visitors may be asked to cooperate in inspections of their persons, work-areas, and property that might conceal a drug, alcohol, or other unapproved contraband. Employees who possess such unapproved items or refuse to cooperate in such inspections shall be subject to appropriate disciplinary action, up to and including termination of employment.

Consequences

Any employee who refuses to submit to or receives a positive drug and/or alcohol test shall be subject to disciplinary action, up to and including termination of employment. Applicants who refuse to cooperate for a drug and/or alcohol screening or who receive a positive test result will not be hired and will no longer be considered for future employment opportunities.

All employees, including those working on government contracts, who use, possess, buy, sell, manufacture, or dispense an illegal drug while on Company premises or while conducting Company-related duties are subject to having their employment with the Company terminated. Visitors who use, possess, buy, sell, manufacture, or dispense an illegal drug while on Company premises shall no longer be permitted to return to any Company premises. Employees and visitors are also prohibited from misusing legally prescribed or over-the-counter (OTC) drugs. Law enforcement personnel may be notified, as appropriate, when a criminal act is suspected.

Any illegal drugs or drug paraphernalia will be turned over to an appropriate law enforcement agency and may result in criminal prosecution, in addition to disciplinary action, up to and including termination of employment.

Confidentiality

Information and records relating to test results (whether negative or positive), drug and alcohol dependencies, and legitimate medical explanations provided to the Medical Review Officer (MRO) shall be kept confidential to the extent required by law and/or regulation. Such records and information may be disclosed internally amongst an employee’s direct supervisor, direct/indirect managers, Human Resources, Company executives, and appropriate legal/regulatory officials on a need-to-know basis and may also be disclosed when relevant to a grievance, charge, claim, or other legal proceeding initiated by or on behalf of an employee or candidate.

Records

An entry will be made in the Company's Human Resources Information System (HRIS), BambooHR, anytime a drug and/or alcohol test is performed for an employee. This entry contains limited information, including the date on which the test was performed and when the report was collected, test type, whether a FAA/DOT test, and result of the test. This entry will be made available only to the employee, direct and indirect managers, along with Human Resources.

Employees with a Job Function Status of Safety-Sensitive will have their drug and alcohol test results returned to the Company-approved Medical Review Officer (MRO) and Consortium before being made available to the Company. Testing records for safety-sensitive employees will be kept for a minimum of:

  • Five (5) years following a test with a positive result.

  • Two (2) years following a test with a negative result.

Records will be available to the employee, the Company's Drug and Alcohol Program Designated Employer Representative (DER) and Human Resources personnel, and may also be viewed by Federal Aviation Administration (FAA) inspectors as necessary or may be used for legal proceedings when applicable by federal and/or state law.

As of July 6, 2018, Release of Information Records will be maintained for up to three (3) years from the date in which an employee began performing safety-sensitive functions.

Employees with a Job Function Status of Non Safety-Sensitive will have their drug and alcohol test results returned only to the Company. Testing records for Non Safety-Sensitive employees that have a negative result will not be kept; testing records with positive results will be kept for one year after the test was performed or one year following the employee's termination date, whichever is longer. Records with positive results will be available to Human Resources and may be used for legal proceedings when applicable by federal, state, and/or local law.

Designated Employer Representative (DER)

As defined in DOT 49 CFR Part 40, the Designated Employer Representative (“DER”) is an employee authorized by the Company to administer the Department of Transportation (DOT) regulated Drug and Alcohol Program.

DER Responsibilities

  • The primary representative for the Company’s drug and alcohol testing service agents.

    • e.g. Consortium, Medical Review Officer (MRO), Substance Abuse Professional (SAP) Referral Services.

  • The DER is informed of every test and its result.

  • The DER performs the functions necessary according to the results of the tests and are authorized by the Company to take immediate action(s):

    • To remove employees from safety sensitive duties.

    • To make necessary decisions in the testing and evaluation process.

    • Receives test results and other communications for the employer.

  • The Company liaison for appropriate regulatory agencies and their agents:

    • e.g. Federal Aviation Administration (FAA) and Department of Transportation (DOT).

Points of Contact

Program Manager | Marissa Lutz, Human Resources Manager
Address 6800 Camille Avenue, Oklahoma City, Oklahoma 73149
Phone 1.405.670.6800; 816 | Fax 1.405.671.8055
Email marissa@dowaero.com

Designated Employer Representative (DER) | Marissa Lutz, Human Resources Manger
Address 6800 Camille Avenue, Oklahoma City, Oklahoma 73149
Phone 1.405.670.6800; 816 | Fax1.405.671.8055
Email marissa@dowaero.com

Recordkeeping and Reporting | Human Resources
Address 6800 Camille Avenue, Oklahoma City, Oklahoma 73149
Phone 1.405.670.6800; 804 | Fax 1.405.671.8055
Email drugabatement@dowaero.com | Web mydowaero.com/contacthr

Training and Educational Records | Human Resources
Address 6800 Camille Avenue, Oklahoma City, Oklahoma 73149
Phone 1.405.670.6800; 804 | Fax 1.405.671.8055
Email drugabatement@dowaero.com | Web mydowaero.com/contacthr

Consortium | US Drug Test Centers
Address 770 East Warm Springs Road Suite 225, Las Vegas, Nevada 89119
Phone 1.866.566.0261 | Fax 1.702.921.9461
Email info@usdrugtestcenters.com | Web usdrugtestcenters.com

Medical Review Officer | Janelle Jaworski MD | i3Screen
Address 9501 Northfield Boulevard, Denver, Colorado 80238
Phone 1.877.253.7366 | Fax 1.855.253.5666

Collection Facilities

Primary Breath Alcohol Testing Site | Oklahoma Drug Alcohol DNA Testing
Address 8920 South Western Avenue, Oklahoma City, Oklahoma 73139, United States
Phone 1.405.517.7224 | Fax 1.877.346.7990
Email okdrugtesting@gmail.com | Web oklahomadrugalcoholdnatesting.com
Hours Monday - Friday 11:00am through 5pm

Primary Drug Testing Collection Site | Diagnostic Laboratory of Oklahoma - Crystal Park PSC
Address 8100 South Walker Avenue, Building A, Suite 250, Oklahoma City, Oklahoma 73139
Phone 1.405.632.2887 | Fax 1.405.632.9048 | Web dlolab.com/crystal-park-psc
Hours Monday - Thursday 8:00am through 4:00pm | Friday 8:00am through 3:00pm

After Hours Breath Alcohol and Drug Testing Collection Site | Oklahoma Drug Alcohol DNA Testing
Address 8920 South Western Avenue, Oklahoma City, Oklahoma 73139, United States
Phone 1.405.517.7224 | Fax 1.877.346.7990
Email okdrugtesting@gmail.com | Web oklahomadrugalcoholdnatesting.com

Accurate Safety Compliance may not be used for drug and alcohol collection as of March 16, 2022

Substance Abuse Services

SAP Referral Services
Address 8441 Belair Road, Suite 204, Nottingham, Maryland 21236
Phone 1.410.668.8110 | Fax 1.410.668.8103
Email info@srstoday.com | Web www.sapreferralservices.com

Oklahoma Department of Mental Health & Substance Abuse Services
Address 2000 North Classen Boulevard, Suite E600, Oklahoma City, Oklahoma 73106
Phone 1.405.522.3908 | Fax 1.405.248.9321
Web www.ok.gov/odmhsas

Substance Abuse and Mental Health Administration
Address 5600 Fishers Lane, Rockville, Maryland 20857
Phone 1.800.622.HELP (4357)
Web www.samhsa.gov

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