Extra-Hazardous Employer designation

Drug Policy Requirement

Sample Drug Policy

Help in establishing safety and drug policies

Extra-Hazardous Employer designation
If you have more accidents than reasonably expected for a restaurant of your size (measured in number of employees), the State of Texas will classify you as an "Extra-Hazardous Employer." This means the state will put you through an extensive safety consultation. At the conclusion of the consultation, a report will be written specifying what steps you are directed to take to make your restaurant safe.

Once you receive the report, you are given 6 months to comply with the state's instructions. The state will inspect your restaurant after 6 months to see if you have complied with the program. If the state determines that you have not complied with the program you will be fined up to $5,000. The state then will tell you what additional steps must be taken for your restaurant to pass inspection.

Drug Policy Requirement

The state requires all restaurants with 15 or more employees who carry workers’ compensation to have a written drug policy in place and distribute that policy to all employees. The policy should have clear details about employee notification, testing procedures and disciplinary actions. A proper drug policy can be confusing so it's important to get legal help when creating your business’ policy.

Sample Drug Policy
The following is an example of an employer's drug policy. Always consult your attorney before publishing and implementing any drug policy for your business.

This policy is implemented as part of the company's overall program to maintain the health and safety of employees, customers, and the public; and to prevent civil and criminal liability. This policy covers all employees and prospective employees. It covers the possession, use, distribution or sale of drugs and drug paraphernalia. The term drugs refers to those substances regulated under the Texas Controlled Substance Act, Chapter 481, Health and Safety Code, inhalants, alcoholic beverages and prescription drugs. The sale and reasonable consumption of alcoholic beverages in the ordinary course of business and the use of prescription drugs when taken as directed by a doctor are excluded from coverage under this policy. In those cases where an employee is using prescription drugs that could impair the employee the employee should inform their supervisor.

It is the policy of this company that we maintain a drug free work place. No drug or drug use is allowed on the company premises. In order to implement this policy the company may monitor employees for drug use, conduct drug screenings, and search the premises, including employees' personal possessions and vehicles on the premises, for drugs and/or drug paraphernalia. Failure to submit to a search may result in the company's refusal to hire or to continue employment, or any other action in conformity with the company's usual disciplinary procedures.

Monitoring of employees may include direct observation and third party reporting of drug possession or use. Observation of inconsistent work quality or performance, carelessness or the taking of needless risks, disregard for the safety of others, mood swings, and other indicia of drug use may also constitute grounds for further inquiry including testing for drug use. An employee may report concerns or observations to any supervisory personnel.

Screening for drugs may be carried out under the following circumstances:

Pre-employment
Upon suspicion of use or possession based on impairment
Discovery of drugs on premises
Report from third party
After an on-the-job accident
Randomly
Universally
The testing may be by any means including blood, hair, and urine samples. An independent laboratory will perform testing. Failure to submit to the test will result in the same penalties as are imposed for a positive test result.

If an employee or prospective employee is found to have drugs in their possession or tests positive for drugs, the company may refuse to hire or to continue employment or may take any other action in conformity with the company's usual disciplinary procedures. An employee will be afforded an opportunity to explain a positive test result. The company shall make the final determination as to what action will be taken.

I AFFIRM THAT I HAVE READ THE COMPANY'S DRUG POLICY. I UNDERSTAND THAT I MAY BE REQUESTED TO SUBMIT TO DRUG TESTING BY ANY ACCEPTED MEDICAL METHOD INCLUDING BLOOD, URINE, AND HAIR SAMPLES. I UNDERSTAND THAT I MAY BE REQUESTED TO ALLOW THE SEARCH OF MY PERSONAL BELONGINGS, VEHICLE, AND PERSON. I UNDERSTAND THAT IF I REFUSE TO CONSENT THAT THE COMPANY MAY REFUSE TO HIRE OR TO CONTINUE EMPLOYMENT OR MAY TAKE ANY OTHER ACTION IN CONFORMITY WITH THE COMPANY'S USUAL DISCIPLINARY PROCEDURES AND THIS POLICY.

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Employee or Applicant

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Social Security Number

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Date

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Employer (or representative) Signature

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Title

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Company Name

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Date

Help in establishing safety and drug policies

The Texas Restaurant Association offers affordable, easy-to-use tools for developing a safety program and drug policy of your own. Order these items through the Restaurantville General Store - Safety First !

Program Elements for Safety First !	Product Number
Safety Handbook - A convenient guide to establishing your safety program	V407
Employees' Booklet - About Kitchen Safety (available in sets of 25)	V409
Video Introduction to Kitchen Safety w/ Facilitator's Manual	V405 (English) V406 (Spanish)
Complete TRA Restaurant Safety System Set SAVE when you order Set of all 3 products	V411

Order today
The Texas Restaurant Association develops products designed to keep you and your operation SAFE !

Call (800) 395-2872 for information on becoming a member of the Texas Restaurant Association.