PURPOSE: This Policy expressly prohibits the unauthorized use, possession, sale, purchase or distribution of weapons, alcohol, illegal drugs or the improper/abusive use of legally prescribed drugs or other intoxicating substances or being under the influence while on company premises, other work locations or while conducting company business. The company will employ every reasonable measure to maintain the enforcement of this policy and compliance with all relevant drug laws of the Federal Republic of Nigeria.
Those who refuse to abide by the terms of this policy will be subject to disciplinary action up to and including termination. In some cases of drug, alcohol and weapon possession, because of safety considerations, an employee may be terminated immediately.
This policy covers all persons employed by the company on a full, part-time or temporary basis and all installations, vessels and facilities. Lease or contract personnel performing work for the company on or off the premises or other third parties on company premises, are also subject to this policy.
DEFINITIONS: Relevant words and phrases shall be construed for purposes of administering this policy as follows:
Company Premises: include all company property and facilities, such as docks, parking lots, offices, desks, lockers, and vessels or vehicles, engaged in company operations.
Personal Effects include pockets, packages, bags, briefcases, lunchboxes, purses, toolboxes, motor vehicles and other items or belongings that are brought onto, on or are removed from company premises.
Legal or Valid Prescription is a medication prescribed by a licensed physician for the person in possession, kept in its original container, for which the person in possession has notified his/her supervisor and completed/submitted the prescription form to the vessel medic, master or any other person designated by the company.
Unauthorized Drugs or Alcohol include any controlled substance or other mood/mind altering substance, prescription drugs, alcoholic beverages, equipments or paraphernalia utilized for illegal substance abuse and other similar drugs or substance prohibited by law.
Unauthorized weapons/firearms include but not limited to all firearms, ammunition for such firearms and/or any other weapon capable of being employed to occasion grievous bodily harm or death.
Non-Employees include visitors, vendors, temporaries and/or candidates for employment.
Disciplinary Actions are all actions taken in furtherance of the enforcement of this policy including the issuance of warning letters, periodic drug screenings, and suspension of employment and termination of employment.
SCOPE: All categories of Employees, Non-Employees and Contractors shall be subject under the enforcement of this policy.
PROHIBITED ACTIVITIES: Any persons working for or employed by the company are prohibited from:
Reporting to work or working under the influence of or while impaired by alcohol, drug or a controlled substance (whether or not legally “intoxicated”).
Chemical dependence on alcohol or other drugs where job performance or safety of employees is adversely affected.
The use of illegal drugs. The term “illegal drugs” as used under this policy, include but is not limited to marijuana, cocaine, heroin and similar drugs whose possession and use are prohibited by law as well as prescription drug unless validly prescribed to the employee by a licensed physician.
The abuse of other substance whether available legally (such as cough syrup, over- the- counter medication or drugs for which an employee may have a valid prescription) or those other substance never intended for human consumption such as glue, which may cause addiction or affect coordination or memory function.
The unauthorized use, possession, transfer or sale of alcohol, illegal drugs, narcotics and weapons on company property or job sites whether located on company property or not.
The abuse of local drugs by overuse or misuse.
Refusal to authorize the release of the drug test results to the company.
POLICY ENFORCEMENT: Shall be by Investigations/Searches. The company shall at all times reserve and exercise the right to have authorized personnel conduct unannounced investigations that may include searches or inspections on company of employees’ personal effects for illegal or unauthorized items.
All personal items such as pockets, packages, bags, briefcases, lunchboxes, purses, toolboxes or other belongings or items, including motor vehicles that are brought onto, on or are removed from company premises are subject to inspection by the company, or its authorized agents at any time. Likewise all company-assigned property such as but not limited to motor vehicles, lockers, desks, living quarters are subject to inspection.
Any company employee who refuses to submit to a search or who is found in possession of any illegal or unauthorized items without an explanation satisfactory to the company will be subject to disciplinary action up to and including immediate termination. Unauthorized items include but are not limited to illegal drugs, drugs paraphernalia, alcohol or firearms of any type, ammunition of such firearms. The company or its authorized agents has the right to confiscate prohibited items or substances and where appropriate, deliver such items to law enforcement authorities.
While on company property, facilities, installations or vessels, prescription medication must be submitted to the person in charge. The term “valid prescription” as used in the policy includes but not limited to medications prescribed by a licensed physician assigned to the employee in possession of the prescription.
TESTING: All candidates given a conditional offer of employment must complete a drug-screening test prior to employment with the company with the outcome of a negative result. Prospective employees will be asked to read and sign a Drug and Alcohol Release Notice and a Drug screening Release Form.
All employees are subject to clinically accepted tests (urinalysis, blood tests, etc.) that may be deemed appropriate by the company, to detect the use or presence of alcohol, illegal drugs or unreported medication or prescription drugs or other prohibited substances.
The company reserves the right to require urinalysis and/or blood tests of employees at any time for the following reasons:
Reasonable Cause: Where good cause or reasonable suspicion exists to believe that the employee’s job is or could be adversely affected as a result of being or having been under the influence of drugs or alcohol.
Random Testing: This is a part of an established program.
Post Accident Testing: Immediately after a job related accident, regardless of injury to person or damage to property or degree of involvement, to confirm or refute drug or alcohol use as a contributing cause.
Regulatory Testing: Defined as any testing that is required by a regulatory body or other applicable federal authority having jurisdiction over the Hercules workplace.
DETERMINATION OF VIOLATION:
Company Employees who are found to have positive level of illegal or unreported drug, alcohol or other prohibited substances in his/her system, regardless of when or where these substances entered his/her system, will be considered in violation of this policy and subject to disciplinary action up to and including termination.
Lease or Contract personnel performing work for the company, on or off the premises, found in violation of this policy will be subject to removal from the company’s premises or other work sites. Furthermore, violation of this policy by outside contractor employees may cause the cancellation of the contract between the company and the contractor.
Non-Employees including visitors, vendors, temporary staff and/or candidates for employment, found to be in violation of this policy will be subject to removal or permanent restriction from company premises.
DISCIPLINARY ACTION: Disciplinary action for violation of this policy may include warning letters, periodic drug screenings and suspension of employment or termination of employment.
The Human Resources department shall not terminate employees without a review; however, supervisors can remove an employee from the work site pending an investigation.
EXCLUSION: The use or possession of alcoholic beverages may be allowed in special instances at land locations when approved in advance by management.