Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin - Tribal Law

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Lac Courte Oreilles Tribal Code of Law.

PAP.9.11.110 Post-Accident Testing

It is the Gaming Enterprises' policy that an alcohol and drug test will be given to any team member involved in a work-related accident or injury event requiring professional medical treatment (EMT, paramedics, and other professional medical providers) for her/himself, another team member or guest.

(a) A work related injury is defined as follows:

(1) An accident while on the clock and performing a work-related duty whether on property or off property so long as the act of which was being done at the time of the incident was for the purpose of work.

(b) The team member must report to the Human Resource Manager, or designee within 8 hours (regardless of time of day or day of week) of the reported accident or injury unless they are still under the care of a professional medical provider.

(c) Team members who refuse to take a test will be considered in violation of the Drug-Free Workplace policy and will be subject to termination.

(d) A team member whose alcohol test has a positive Blood Alcohol Concentration (BAC) reading of .01 to .029 will be sent home for the day and receive a referral to EAP. If a team member is 0.03 or higher, and/or the drug test is positive for a substance they admit not having permission to take, is considered in violation of the employer's Drug-Free Workplace policy and will be placed on a 30-day unpaid suspension pending the confirmation (if needed) of any samples sent to a lab. A team member who is placed on suspension for a violation of this policy will be referred to have an evaluation/assessment by the Human Resource Manager, or designee. A second violation of the Drug-Free Workplace policy will result in termination. A team member will be offered a ride home if they are sent home for a positive Preliminary Breathalyzer Test (PBT).

(1) Team members will be given a Portable Breathalyzer Test (PBT). A team member who receives a negative test result will immediately report back to their department. A team member who receives a positive test result must submit to a second test.

(2) Five (5) minutes following the Preliminary Test, the team member will receive a second Breathalyzer test. A team member who receives a negative test result will immediately report back to their department. A team member who tests positive on the Second Breathalyzer Test will be in violation of the company Drug-Free Workplace policy.

(3) Team members who refuse to take a Breathalyzer test will be considered in violation of the Drug-Free Workplace policy. The first violation will result in an immediate termination.

(e) Upon receiving a presumptive positive result of the first drug test, the Human Resource Manager, or designee will seal the sample to be sent to the lab for confirmation. Every effort will be made to keep this information confidential.

(1) The team member will be allowed to return to work pending the confirmed result of the sealed sample sent for lab confirmation.

(f) Lab Confirmed Results:

(1) Upon receiving the lab confirmed positive results of a presumptive positive drug screening, the EAP Manager will be notified by the lab. The EAP Manager will notify the team member's immediate manager of the policy violation. Every effort will be made to keep this information confidential.

(2) The team member will be called to the Human Resource Department to meet with the EAP Manager and are notified of their positive test results.

Original url: https://law.lco-nsn.gov/us/nsn/lco/council/code/PAP.9.11.110

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