Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

PAP.9.11.040 Drug Free Workplace Rules of Conduct

The following rules of conduct apply to all Team Members. Violation of these rules subjects team members to disciplinary action, up to and including termination:

(a) The unlawful manufacture, distribution, dispensation, attempted sale, possession, or use of alcohol, illegal drugs, or prescribed medication is prohibited in the team member's work environment.

(b) Being subject to the effects of alcohol, illegal drugs, or abused prescribed medication in the team member's work environment is normally just-cause for the team member to be referred for alcohol and drug testing. However, being subject to the effects of alcohol, illegal drugs, or abused prescribed medication does not excuse a team member's misconduct that violates any of the employer's rules, policies, procedures, or regulations. For example, an assault committed while subject to the effects of alcohol, illegal drugs, or abused prescribed medication will subject the team member to disciplinary action, up to and including termination, because of the misconduct.

(c) All prospective team members will be tested prior to beginning employment. In addition to the initial drug screen, all team members are subject to future for cause and/or post-accident drug screens.

(1) The Casino Executive Team may amend, as reasonably determined, which substances will be tested for to provide a healthy and safe drug free workplace. The following is a list of the substances which may be tested for and their corresponding cut-off levels. Nothing precludes the Casino in testing for substances which are not included on this list, should the Executive Team determine it is in the best interests of the Casino to include substances which are not listed below to ensure a drug free workplace.

Test Name Abbreviation Cut-Off
Amphetamine (AMP) AMP 300
Barbiturates (BAR) BAR 200
Benzodiazepines (BZO) BZO 200
Buprenorphine (BUP) BUP 10
Cocaine (COC) COC 100
Marijuana (THC) THC 40
Methadone (MTD) MTD 200
Methamphetamine (mAMP) mAMP 1000
Opiate (OPI) OPI 100
Oxycodone (OXY) OXY 100
Phencyclidine (PCP) PCP 25

(d) Any team member who appears to be under the influence of alcohol, illegal drugs, and/or abused prescribed medication while in the work environment will be the subject of an immediate investigation. Similarly, any team member who is found to have any illegal drugs on his or her person, or in his or her possession (e.g., his or her desk, locker or the employer's company/rental vehicle) will be the subject of an investigation. If team member use or possession is substantiated, disciplinary action will be imposed.

(e) The team member found to be under the influence of a legal or illegal substance and unable to perform their job function will be offered transportation to their home or a treatment site when this situation occurs.

(f) Any team member appearing unfit for duty due to the effects of a prescribed medication will be subject to an investigation.

(g) Off-the-job abuse of alcohol, illegal drugs, or prescribed medication that adversely affects a team member's job performance will be cause for disciplinary action consistent with this policy.

(h) Team members who are charged and/or convicted of any alcohol or drug-related offense will be considered to be in violation of this policy. Team members must notify the Human Resource Director of any alcohol or drug-related offense conviction or charges within twenty-four (24) hours. The Human Resource Director must immediately notify the Lac Courte Oreilles Gaming Commission. Failure to report the conviction to the Human Resource Director or the Human Resource Director's failure to notify the Lac Courte Oreilles Gaming Commission will result in disciplinary actions up to and including termination.

(i) Team members undergoing treatment with a prescribed medication that will require work restrictions are required to have their physician document the restrictions and to then supply this document to the Human Resource Department. It may be necessary to change the team member's job assignment while he or she is undergoing treatment. Immediate notification must be made by the team member to his or her immediate supervisor and to the Human Resource Director before going to work after having been placed on restriction. Failure to report work restrictions due to a prescribed medication may result in disciplinary action up to and including termination.