For anyone interested in the full scoop on the Motorola drug craze - what the rules for their testing program are and so on - here is a verbatim copy of the manager's briefing book. The few comments in curly brackets are mine - everything else is straight from the book. Watch out for the non-sequitors. ----------- April 1990 TO: Senior Managers Site implementation teams Addressing the issue of drug use in Motorola is not new. In addition to our Employee Assistance Program, we have "applicant" and "for-cause" testing policies in place. We've talked at length to Motorolans at all levels of the company. We've consulted with recognized experts throughout the U.S. And, we've examined the drug-free programs of other companies, including those in the defense community. As a result of these discussions, we've put together a policy that will enable all U.S. Motorolans to work in a drug-free environment. On May 18, we will announce to all U.S. employees the new policy for a drug-free work force. Implementing this policy will likely be among the most challenging tasks we've ever undertaken as a company. As senior managers and implementers, I am looking to you to take hold of this policy and to help manage this program in your respective organizations. Your role is critical: To help insure that the policy is understood and implemented fairly. Consider these potential employee questions: * Why does Motorola have a drug-testing policy? * How will individuals be selected for testing? * What if I don't want to be tested? * Is the test accurate? * What if I test positive? * Can I use my spouse's prescription drugs? * Is the drug-testing policy legal? This briefing book provides you with advance material. It will help you begin thinking about implementation at your site, prepare you to respond to employee questions and concerns, and give you a resource for briefing your managers and supervisors. I encourage you to review the contents of this briefing book and to bring your comments and questions to the attention of your local personnel manager. George Fisher MOTOROLA CONCERNS 1. Business Environment and Culture Motorola is concerned about drug use in its business environment and culture. Chief among these concerns is the impact of drugs on the quality of our products and services. Quality depends on creative, clear thinking, productive employees. Drugs change the way we feel, think, decide, perform and perceive. 2. Customer, Stockholder and Employee Expectations Attainment of increased global market share and total customer satisfaction requires best-in-class people, products and work environment. Customers, stockholders and employees who have a stake in Motorola's performance stand to lose a great deal because of drug use in the work force. By offering our customers, stockholders and employees an environment free from the damage caused by drug use, we're also giving ourselves a truly competitives advantage. Our stockholders look to us for maximum productivity. That includes employee profit sharers. We are also committed to comply with the requirements of the Drug-Free Work Place Act of 1988, and for certain segments of our company, the Department of Defense Drug-Free Work Force regulations and the Department of Transportation regulations. 3. Safety, Security, and Health Statistics tell us that workers who use drugs are involved in accidents 3 to 4 times more often than other employees. The drug-using employee costs U.S. industry $100 billion every year. For example, drug users are late to work 3 times the norm, and are absent 3.6 times the norm. Employees on drugs are 3 to 4 times more likely to be injured on the job. They are accident prone 3.6 times the norm, and use sick benefits 3 times the norm. Employees on drugs are 5 times more likely to use Workers' Compensation. 4. Our Drug Experience Motorolans have become increasingly aware of the growing use of drugs on the job. They have expressed these concerns during focus group sessions conducted at several Motorola sites during the past six months. Our experience in applicant testing showed a drop from 9 percent positive tests when the program began in 1987 to a current level of 2 percent. We have also had our Employee Assistance Program in place since 1979. Event with these resources, we have to assume that drug use affects between 4 and 10 percent of our work force. 5. Society's Problem is Ours Surveys tell us that 10 to 23 percent of all U.S. workers use dangerous drugs on the job. Our Policy Committee, comprising the CEO and business and functional general management, believes that society's problem is our problem and that industry can impact society's drug problem. The U.S. comprises 6% of the world's population, but consumes 60% of the world's illegal drugs. The drop-out rate among ninth graders entering school today ranges between 30-40%. Statistics tell us that today's "casual" drug users are, in fact, financing the drug industry. EMPLOYEE CONCERNS Twenty focus groups were held between October 1989 and April 1990 in Schaumburg, Plantation, Austin, Phoenix, and Boston. Approximately 400 Motorolans provided input to the question: "Should Motorola have a policy for a drug-free work force?" Here are some reactions: 1. General Tone and Feeling * A vast majority of those participating enthusiastically support the idea of a Motorola policy for a drug-free workplace. * Some individuals struggle with the invasion of privacy issue in drug testing. * Many feel that such a policy is long overdue in Motorola. They can support it because they believe it will heighten their feelings of safety and security in the work place. 2. Selected Responses "There is cocaine use in the chemical bays at our site." "Our increased absenteeism is directly related to drug use." "Mandatory testing would be an invasion of my privacy. I don't like it!" "We need to minimize the illegal use of prescription drugs." "About 20-30% of my department is using drugs." "Why would Motorola ask me to prove my loyalty?" "We need to get tougher on drug dealing and gang-related activity" "I support drug-free, but I don't want to have to prove my innocence." "Some lower-paid employees have to 'deal drugs' in order to 'use drugs'" "Three employees in our department were testing and all were dirty." "One professional abandoned his family while selling and using drugs." RATIONALE 1. Consistent With Motorola's Culture Establishment of a drug-free work force policy is consistent with Motorola's desired culture and in the best interest of Motorola and Motorolans. 2. Must Have to Achieve Fundamental Objective Attainment of increased global market share and total customer satisfaction requires best-in-class people, products and work environment. 3. Help Solve Society's Problem Elimination of drugs in the work place and work force is essential to help solve society's problems in dealing with drugs. 4. Enhance Safety, Security and Well-Being Eliminating the possession and illegal use of drugs in the work place and work force, and providing the opportunity for rehabilitation for employees who use drugs, will enhance the safety, well-being and productivity of all Motorolans. 5. Motorola Drug Experience Motorola has experienced problems with drugs in the work place (as have all major U.S. companies) and there is an employee perception that drug use is an ongoing problem at Motorola and should be eliminated. 6. Meet Government Regulations Motorola will meet the requirements of the Drug-Free Work Place Act and the regulations of all government agencies with which we do business. POLICY HIGHLIGHTS 1. Objective Is A Drug-Free Work Force The objective of our policy is a drug-free work force and work place. We will achieve this by eliminating the use of illegal drugs and the abuse of controlled substances. 2. U.S. Employees The new policy applies to all U.S. operations, including subsidiaries, unless restricted by state or local laws. It also includes outside / independent contractors and temporary employees. 3. Adds Universal Testing to Existing Policies Motorola's policy for a drug-free work force expands its current drug use policies to includes universal drug testing for U.S. employees. We currently maintain policies covering "applicant" testing and "for cause" testing. Universal testing is a logical next step. 4. Multi-Dimensional Approach Motorola's policy provides a multi-dimensional approach to the drug use issue, while meeting all federal and DoD regulations. The multiple elements of our approach provide: * _Education and Awareness_ through meetings, resources and training; * _Rehabilitation_ through Motorola's Employee Assistance Program; * _Prohibitions_ against the use, sale, possession and manufacture of illegal drugs; * _Universal Testing_ of U.S. Motorolans at least once every three years; * _Consequences_ for Motorolans who test positive. POLICY VIOLATIONS Motorola's policy for a drug-free work force specifically prohibits the following: * Manufacture, distribution, possession and use of illegal drugs and the abuse of controlled substances; * Refusal to authorize the collection of a sample or provide a urine sample for testing; * Failure to attend the Employee Assistance Program for consultation and assessment after a verified first-time positive urine test; * Failure to adhere to an agreed-upon Employee Assistance Program action plan; * Failure to comply with Motorola rules with regard to testing; * Use of a medication / prescription prescribed in another person's name; * Storage of any illegal drug on company premises; * Being under the influence of any illegal drug while on company business; * Testing positive for the use of illegal drugs or abuse of controlled substances; * Switching or adulterating any urine sample. RANDOM SELECTION Motorolans will be tested at least once every three years. The selection process uses a non-biased computer selection program. This is a formula which tells the computer how to select employees for the drug test. It guarantees the integrity of the selection process. This random-selection process is scheduled by collection point so that no one area will have more tests than it can handle. Each day, the computer selects employee numbers randomly from four pools: 1. Those yet to be tested; 2. Those tested who received a negative result; 3. Those who tested first-time positive who must retest at least three times over the next 12 months; 4. Those who were no-shows for their previous scheduled test. NOTIFICATION 1. Timing Before the first shift each day, Health Services receives the names of Motorolans to be tested that day. Department managers are then informed of the names and scheduled test times. 2. No Shows If the Motorolan is on site that day, the supervisor is responsible for arranging the employee's schedule so the testing appointment will be kept. If the Motorolan is not on site, the supervisor will be asked to supply a reason for the "no-show" to Health Services. Employees who are not available on the day of the test, as a result of an absence, will be re-selected for testing within the next 90 days. 3. Location The Motorolan reports to Health Services or the collection point, where the collection and chain of custody process begins. COLLECTION Motorola and its certified drug-testing laboratory will maintain a clear, well-documented procedure for the collection, shipment and documentation of urine specimens for testing. 1. Chain of custody This procedure includes the use of a multiple-part chain of custody form with an original that accompanies the specimen to the laboratory. 2. Tamperproof sealing system It also includes the use of a tamperproof sealing system designed such that: * The specimen bottle top can be sealed against undetected opening; * The bottle can be identified with a unique identifying number identical to that appearing on the chain of custody form; * The bottle can be initialed to affirm its identity. 3. Consent form At Health Services (or other collection site), the Motorolan will be required to complete a consent form, agreeing to take the test and to have the test results released to Motorola. 4. Collection Process * Employee receives a plastic cup, which had been sealed to prevent contamination; * Employee provides a urine specimen in private; * Specimen is checked for temperature and poured into a shipping bottle; * Chain of custody form is explained and signed; * Specimen bottle is sealed with a lid and tamperproof sealing tape; * Seal is fixed to the bottle; * Employee writes his / her initials on the tape; * Chain of custody form and the bottle are placed in shipping box; and * Final seal is placed around box, which is sent to CompuChem. RESULTS NOTIFICATION 1. Negative and First-Time Positive Test Results A Medical Review Officer will review and interpret all positive test results. A negative test result will cause a letter to be sent from Health Services to inform the employee of the result. An employee will be notified of a positive test result by registered letter from Health Services. It requires the employee to contact the Medical Review Officer within 24 hours. The Medical Review Officer will conduct: * A medical interview with the individual; * A review of the individual's medical history; or * A review of any other relevant biomedical factors. If the Medical Review Officer determines there is a legitimate medical explanation for the positive test result, he will report the test result as negative. 2. Referral to the Employee Assistance Program Once a first-time positive test results has been verified, the Medical Review Officer shall refer the case to Health Services, which is responsible for notifying Personnel. Personnel will meet with the employee and will refer him / her to the Employee Assistance Program for consultation, assessment and the completion of an appropriate and agreed-upon action plan. 3. Supervisory Knowledge / Security Clearance The employee's supervisor shall be notified of the verified positive test result only if the employee agrees that his / her supervisor should be told, or on a need-to-know basis including, as required, to insure the employee's safety and that of others, to protect Motorola's proprietary and confidential information, and to comply with state or federal regulations. Employees having a security clearance who are confirmed first-time positive will be reported to the federal agency which authorized the security clearance. If an employee loses a security clearance as a result of such adverse information, the employee may be subject to termination. 4. Second-Time Positive Test Results Once a second-time positive test result has been verified, the Medical Review Officer will refer the case to Motorola management empowered to take administrative action. Individuals having confirmed second positives will be immediately subject to termination. APPEALS 1. Right to appeal An employee will have the right to appeal a positive test result by written request to the sector / group / corporate personnel director. 2. Considered by Medical Review Officer and Personnel Director The Medical Review Officer and the personnel director shall consider the appeal, and their decision shall be final. 3. Remedy Where the appeal challenges the accuracy or validity of the laboratory test result, if granted, the sole remedy shall be a re-analysis of the original sample by Motorola's testing laboratory. TIMEFRAME 1990 - 4/24 Brief Public Relations and Spokespersons 5/3 Announce to All Officers 5/3 Conduct Videoconference Briefing 5/4-16 Announce to Managers and Supervisors 5/18 Announce to U.S. Employees 5/21 Announce to Media May (ongoing) Initiate Drug-Test Information Line Jun-Aug Test Senior Management Participants Jun-Sept Train Managers/Supervisors Sept Begin Testing at GEG {gov't equipment group} 1991 Jan Begin Testing for All U.S. Employees EMPLOYEE COMMUNICATION April 26 Briefing Book Videoconference participants receive an advance briefing book prior to the videoconference. {this document} May 3 Officer CMS Post Officers receive a CMS-Post announcing the new policy and providing a copy of the letter to the home. May 3 Videoconference Local implementation teams participate in a two-way dialogue on the new policy. May 4-16 Management/Supervisory Briefings Managers and supervisors are briefed on the policy, timeframes and Q&As prior to the general employee announcement. May 18 Employee Announcement Employees receive a letter from the CEO, announcing the new policy. May-April 1991 Information Hotline Corporate Personnel operates an anonymous drug testing information hotline for U.S. employees. May 18 Drug Awareness Booklet Send a drug awareness educational booklet to employees. June-March 1991 Site Publication Articles Site publications run a series of monthly articles to increase awareness. September-December Site Posters Sites display a series of four posters to increase awareness. October-December Employee Briefings Sector / group / corporate briefs employees at communication meetings. PUBLIC RELATIONS PLAN 1. News Release A news release on the announcement to employees will be issued on May 21, 1990, in each major plant location (draft to be distributed) during or just after the employee announcement. The timing is to insure the employees are informed first. 2. Handling Inquiries All press inquiries will be answered at the plant community level by designated public relations personnel. In some cases, a Sector / Group may elect to handle press inquiries from a central location for plant cities where no public relations personnel are present. 3. Tone The tone of the news release (and the tone of the responses to press inquiries) will be positive and straight-forward, with no apologies or defensiveness. Our position on this announcement is that we are taking a positive stand for a drug-free work force, and that our stand also will make a difference in the communities in which we have plants and facilities. In addition, Motorola must meet the requirements of the Drug-Free Work Place Act of 1988 and, for certain segments of our company, the Department of Defense Work Force regulations and the Department of Transportation regulations. 4. Interviews A designated spokesperson will be available at each major plant city location for interviews by the press as deemed necessary or prudent. The need for these interviews may be triggered simply by the desire of given media to probe the new policy more deeply, or an interview may be desirable in any community where there is latent opposition to such policies or for other reasons. These spokespersons have been selected jointly by the local public relations manager, personnel manager and plant or facility manager, and will be prepared for any interviews. We generally decline on-camera television or on-air radio interviews. Judgement should be used if a spokesperson does elect to go on camera or on air. 5. Questions and Answers In responding to press inquiries or in interviews, Motorola public relations personnel and designated spokespersons will adhere to the approved questions and answers provided in the Briefing Book, the news release and the Public Comment Guidelines. If additional questions or issues are raised that are not covered in the Briefing Book or news release, public relations personnel will determine the appropriate answers or responses off-line and respond to the inquirer as quickly as possible. TRAINING PLAN 1. Purpose of Training The purpose of the training is to assist Motorola in the implementation of the new Policy for a Drug-Free Work Force by training supervisors and managers to administer the policy with confidence and competence. 2. Objectives 1 - To understand and be able to communicate to employees the rationale for the policy; 2 - To understand and be able to communicate to employees the policy itself; 3 - To recognize and respond appropriately to pre-defined events relating to the policy; 4 - To respond professionally to employee questions, objectives and statements relating to the policy. 3. Course Structure Module One: The policy rationale Module Two: The policy itself Module Three: Policy administration Module Four: Professional Confrontation Skills Module Five: Presenting the Policy to Employees 4. Training Outputs 1 - a 150-minute video incorporating the above modules. 2 - Printed supervisor and facilitator guides to provide support to the video-based training; 3 - Train-the-trainer materials * Methodology for Training (training technique) * Facilitator training system (video). 5. Training Delivery Mode A continuation of video-based and print-based training with breaks for discussion, role play and questions and answers, facilitated by one of 64 trained Motorola supervisors. EMPLOYEE ASSISTANCE PROGRAM The Motorola Employee Assistance Program (EAP) has been available to Motorola employees and covered dependents since 1979. EAP provides assessment and consultation for a wide range of difficulties including marital, personal and stress-related problems, as well as problems with the abuse of drugs. The Employee Assistance Program is staffed by professionals who respect employee confidentiality and offer quality and cost-effective referrals for rehabilitation. The initial EAP assessment and consultation is available without cost. However, further assessment and rehabilitation costs can be reimbursed through the employee's HMO, which generally has limited coverage for drug-related problems, or the Motorola Employee Medical Plan. Employees are responsible for the payment of any cost not covered by their chosen medical coverage. Employees may seek assistance from their local EAP representative before the implementation of universal drug testing. EAP staff will provide an assessment, consultation, rehabilitation recommendations and a continuing action plan for recovery. Early intervention by qualified professionals can assist employees in contributing their full potential to Motorola and enjoying life to its fullest. EAP professionals will not notify management, unless required by law, if a employee requests assistance prior to implementation of universal drug testing. Participation in EAP does not exclude an employee from being selected or required to take the drug test. When selected, the drug test must be taken. If an employee is selected and tests positive, the employee will be referred to EAP where a mutually agreed upon action plan will be designed, based upon individual need. The employee's participation, cooperation and successful completion of the agreed upon action plan is required. The emphasis of Motorola's drug testing policy is rehabilitation. The Employee Assistance Program provides the avenue to accomplish that goal. GENERAL Q: If employees are, for the most part, in favor of the program and Motorola focus groups suggest that the most fair policy tests all employees, how do you explain that there is a highly vocal group in Austin who are picketing, threatening to unionize, filing a class action lawsuit, and so forth? A: We know from our focus groups that this policy would be supported by the majority but not all of our employees,. Based on what we heard >from employees and what we know about this issue in Motorola and in the U.S., we were willing to assume some of the risks. (The employees in question are employees of Texas Instruments.) Q: What would Motorola do if it found out that one of its key executives was a recreational cocaine user? Would he be treated exactly the same as a production worker? Wouldn't a highly placed executive get special treatment or special consideration? A: All employees will be treated under the same policy guidelines. Q: What percentage of potential new hires fail the pre-employment drug test? A: Approximately 2-3 percent of current job candidates do not pass the drug test. Q: Can you break it down for our area? A: We prefer not to do so. Q: Aren't you making me prove my innocence by taking a drug test? A: Motorolans involved in focus group sessions around the company recommended that a fair policy should include the testing of all Motorola employees, rather than selected employees. For the good of the cause, we are asking you to be part of the process to maintain a safe, drug-free work force. We need your understanding and cooperation in order to preserve the high quality of our products and to meet the expectations and requirements of our customers. Q: Is there one area of the country worse than another in terms of drug-related problems Motorola has had? A: There does not appear to be an appreciable difference. Q: What were some of the drug-related problems at Motorola that prompted the company to take such an action? A: Employee input during focus group sessions indicates they feel we have a problem. We cannot site {sic} specific instances for reasons of confidentiality. However, we have experienced a variety of problems, >from theft and vandalism to the emotional, physical and other health problems experienced by some of our employees. GENERAL [You should be familiar with the following questions and answers regarding Motorola's policy for a drug-free work force. These are typical of the questions employees are likely to ask. You may find it helpful to write out a list of the "local" questions you can anticipate from your employees.] Q: Why is Motorola doing this? A: Motorola developed this policy as a logical extension of its applicant and its "for-cause" drug testing policies and its commitment to the Employee Assistance Program. Motorola's top mangement believe that a best-in-class work force is a key ingredient for a safe, drug-free work place and a competitive advantage in achieving total customer satisfaction. While it is true that we have experienced drug use problems, like other major U.S. companies, our purpose is to prevent the kind of drug problems in our work place which are now facing our nation. Motorola must meet the requirements of the Drug-Free Work Place Act of 1988 and, for certain segments of our company, the Department of Defense Drug-Free Work Force Regulations and the Department of Transportation regulations. We also believe that by taking a positive stand for a drug-free work place for Motorolans, we will make a difference in the communities in which we work and live. Q: Who made this decision? A: Motorola's Policy Committee made the decision to establish this policy. This committee comprises the CEO members and the general managers of our businesses and functions. Q: How long has the company been contemplating such a policy? A: Motorola has been looking at drugs in the work place since 1985. In 1987, we established a pre-employment drug test program. We have been researching a universal drug testing program for all U.S. employees since 1988. Q: What does illegal drug usage cost Motorola annually in health care costs? A: Assuming that Motorola hired those job candidates who were screened out since April 1987 by our applicant drug test, and projecting the national average of 7 percent employee involvement in illegal drugs, we would have spent $1 million more per year in increased medical costs alone. Q: What percentage of the employee population will be lost due to (a) refusal to comply with the voluntary testing, (b) two positive test/failing rehabilitation? A: We prefer not to speculate on either question. DRUG TESTING PROCEDURE Q: Who will be tested under this policy? A: All full- and part-time employees of Motorola, Inc. and its subsidiaries are included. Outside contract / temporary employees are also subject to Motorola's drug testing program. Guidelines for handling these groups will be implemented by sector / group / corporate. Q: How will employees be selected? A: A number of Motorolans will be selected, via a non-biased selection procedure, from the employee population which has not been tested. Also, a number of Motorolans will be selected from the employee population that has been previously tested. This computerized process ensures fairness and an equal statistical chance to all. Q: What is the non-biased selection procedure? A: It is a formula that tells the computer how to select employees for the drug test. It guarantees the integrity of the selection process. Q: Is the test going to be a blood test or a urine test? A: The test will be conducted on a urine sample. Q: How much time does the test require? A: Normally, 15 to 20 minutes. Q: Must I sign a consent form before taking the test? A: Yes, a consent form must be signed before the test sample is taken. Q: If I put a statement on the form that I'm signing under duress (or other statement that I disagree with the policy), will I be terminated? A: No, as long as you sign the form and take the test. Q: What if I don't want to be tested? A: Your employment will be terminated if you do not consent to the test. Q: How will anyone know if I don't show up for the test? A: Attendance will be tracked and "no shows" will be re-selected for testing within 90 days. Q: What if I have a meeting when I'm supposed to take the test? A: You must comply with the testing schedule if you are on the site. In special situations, Health Services may reschedule you for another time on the same day. Failure to complete the test on the day scheduled will result in your being re-selected for testing within 90 days. GENERAL Q: What are other companies doing about the problem? A: Many companies are testing for pre-employment. Motorola is one of a few leaders in the universal testing of current employees. Q: Who else has universal drug testing? A: Texas Instruments is the only company our size which has such a policy. Dow Chemical and Exxon are testing universally at some of their facilities. Q: How much will this program cost? A: It will cost approximately $1.5 million in the first year. Q: How soon will Motorola complete the testing of all its employees? A: All employees will be tested at least once every three years in those states where such testing is permitted. Q: Do Motorolans outside the U.S. have to do this? A: At present, they don't. Because of differences in laws and practices in various countries, future decisions to test Motorolans at international sites will have to be made on a country-by-country basis. Q: Who will we use as our testing laboratory? A: We will use the CompuChem Laboratory in Research Triangle Park NC, the same firm that provides our current applicant tests. Q: What drugs will be tested for? A: We will test for the following: * Amphetamines, e.g., Dexedrine, Speed, Ice, Crank, Uppers * Barbiturates, e.g., Downers, Seconal, Nembutal, Amytal * Benzodiazepines, e.g., Ativan, Dalmane, Librium, Valium * Cocaine, e.g., Crack * Cannabinoids, e.g., Marijuana * Methodone * Methaqualone, e.g., Quaaludes * Opiates, e.g., Heroin, Morphine, Codeine * Phencyclidine, e.g., PCP, Angel Dust Q: What about alcohol abuse? A: Although alcohol abuse is a major national problem, alcohol is not an illegal drug. However, the use, possession, sale or distribution of alcohol on company premises or in company-supplied vehicles is prohibited and constitutes a major infraction of Motorola's policy. Our current policy encourages employees with alcohol abuse problems to seek treatment through the Employee Assistance Program. ACTIONS IF TEST IS POSITIVE Q: Who determines a "verified" test result? A: The Medical Review Officer is the only person who can a {sic} verify a positive test result. That individual makes the determination based on the test results from CompuChem and interviews with employees. Q: How will I find out if I tested positive? A: Once the Medical Review Officer has made a determination, Health Services will notify you. A positive test result will be documented in your confidential Health Services file. Q: Who is a Medical Review Officer? A: The Medical Review Officer is a licensed physician who has knowledge of substance abuse disorders and appropriate medical training to interpret and evaluate a positive test result. Q: Who else will be informed of my verified positive test result? A: Besides Health Services, the only people who have a need to know about a positive test results are Personnel and, where appropriate, your supervisor. Q: When is it "appropriate" for my supervisor to know? A: It is appropriate when you agree that your supervisor should be told, and on a need-to-know basis including, as required, to insure your safety and that of others, to protect Motorola's proprietary and confidential information, and to comply with state or federal regulations. Q: If I have a positive test, will I receive disciplinary action? A: If this is your first positive test, you will be given an opportunity, though counseling or rehabilitation, to stop using drugs without jeopardizing your employment. If this is the second positive test, your employment will be terminated. Q: Will Motorola permit a "re-test" if I feel a mistake has been made? A: You have the right to appeal a positive test result. You should make a written request to your sector / group / corporate personnel director. The Medical Review Officer and your personnel officer will consider your appeal and their decision will be final. If your appeal challenges the accuracy or validity of the laboratory test result, if granted, the sole remedy will be a re-analysis of the original sample by Motorola's testing laboratory. Q: What if I have government clearance and test positive? A: Motorola is required by contract with the government to comply with the provisions of the Industrial Security Manual. This requires that Motorola notify the government and suspend the clearance. The agencies of the government, not Motorola, grant and rescind clearances. Q: Can I be rehired if I am terminated under this policy? A: You can be considered for rehire as any other employee terminated "for cause". DRUG TEST PROCEDURE Q: How many times will my sample be tested? A: Each sample will be screened first by enzyme immunoassay procedures (EMIT) to determine the presence of a drug in the sample. Those samples with such a presence will undergo a confirmatory test by Gas Chromatography / Mass Spectrometry (GC/MS). Q: How and when will I be notified of test results? A: Health Services will send a letter to the address you designate, within 10 business days of your test. The letter will announce a negative result or, in the case of a positive result, will ask you to call the Medical Review Officer within 24 hours of your receipt of the letter. Q: Will I be tested again if my test is negative? A: The selection process for testing does not set limits on the number of times you may be tested during the course of your employment. A non-biased selection process means that all employees are subject to selection on an ongoing basis. Q: Will anyone else know if I passed or failed the test? A: Only those who need to know, generally Health Services, Personnel, and, where appropriate, your supervisor. Test results will be electronically passed from CompuChem to the Medical Review Officer. Health Services will notify you. Q: Will Motorola test me after an accident or injury? A: If there is a reasonable basis to suspect drug use, or you are in a position involving national security, health or safety, or other functions relating to defense contract work, you could be tested. Q: What if I used drugs in the past but not now? A: Most drugs will be out of the system in a matter of days. Some, like marijuana, may remain in the system for 30 to 60 days, depending on the extent of use. Q: How do we know the test lab is not making mistakes? A: In addition to the many safeguards in the procedure and certification by all the leading drug certification organizations, both the lab and Motorola submit blind samples to make sure there are no errors. If a blind sample were to come back with an erroneous reading, the who batch would be destroyed and systems would be checked before samples were re-tested. CONFIDENTIALITY / PRIVACY / EQUAL TREATMENT Q: What is on the consent form? A: Before taking the universal drug test, you must sign an approval form agreeing to the test and consenting to the release of test results to Health Services. This permits Health Services to communicate or disclose your test results to others in accordance with the policy and procedures. This information may also be disclosed to others where required or permitted by law. Q: Will there be exceptions for employees who have to take medication? A: The Medical Review Officer will verify all prescription drugs. This information will remain confidential. Q: If I get help for drug use, will this be put in my file? A: If you seek help voluntarily through the Employee Assistance Program prior to your test selection, your participation in the Employee Assistance Program will remain confidential in accordance with the Employee Assistance Program policy. If you are referred to the Employee Assistance Program as a result of a first-time positive drug test, information relating to that test and rehabilitation will be kept in your Employee Assistance Program file, but not in your personnel file. Q: How can I be sure my rehabilitation is confidential? A: Your rehabilitation is confidential, and will be held in your Employee Assistance Program file. Q: Can supervisors harass Motorolans they don't like by making them test more than once? A: No. Drug testing selection is a computer-generated program. There is no possible way that the non-biased selection procedure can be used by a manager or supervisor to harass an employee. PRESCRIPTION DRUGS Q: What proof will I have to show that I am taking a prescribed drug? A: You will need to have a prescription number, doctor's name and the name of the drug store. Q: What if I use my spouse's prescription? A: If you have tested positive for a certain drug, you must have a prescription in your name for that drug. If you do not have a prescription, it will be treated like a positive test result. Q: What if I have a prescription from a year ago and have not renewed it? A: If the prescription is for a drug which tests positive, and the valid prescription is in your name, the prescription will be acceptable for establishing a legal basis for the drug. Q: Will I be treated like anyone else who tests positive? A: Yes, if you cannot provide a legal prescription for a drug for which you test positive. Q: Should I bring my prescription drugs with me every day, in case today is the day I get tested? A: No, you do not have to bring in your prescription drugs with you each day. You will have the opportunity to indicate any medication use before you take the test and following any positive result reported >from the laboratory. Q: How is Motorola going to verify a prescription? A: The Medical Review Officer will contact your doctor or pharmacist. Q: How will I know what type of drugs I may have received under surgery? A: The Medical Review Officer will contact your doctor. OTHER TESTS / INVESTIGATIONS Q: Besides drug testing, what other ways will be used to find drugs? A: Motorola will investigate reported violations of the Drug-Free Policy. Q: What happens if I am caught with drugs or under the influence of drugs? A: Current Motorola policy already states that you will be immediately terminated for the manufacture, possession, sale or distribution of drugs. If you are found to be under the influence of drugs on the job, your employment will be terminated. The same conditions apply as the current policy on "for cause" testing. Q: Will Motorola search my personal property? A: Motorola does not plan to search you personal property without your consent. However, your locker or desk, for example, is the property of the company and may be searched. Q: Does Motorola have undercover police to monitor drug use? A: No. But, in some cases, undercover police have been called in to assist with an investigation. Q: What if my supervisor suspects that I am using drugs? A: No individual supervisor can make that determination alone. In order to make a determination to test for suspected drug use, two or more supervisors, managers, nurses or Personnel professionals, in any combination, must have a reasonable suspicion to believe you are under the influence or have been using drugs on the premises. LEGALITY Q: Is Motorola's drug-free policy legal? A: Yes. Actions by private employers are generally not subject to review under the U.S. Constitution and Bill of Rights because no government action is involved. Therefore, any challenges to Motorola's Drug-Free Policy will be measured against protections extended private sector employees by lawmakers at the state and local levels and by the courts. Those entities have imposed few restraints on employers such as Motorola, permitting them considerable latitude in prescribing the terms and conditions of employment. Deterring illegal drug use through drug-testing programs has been held to be a lawful exercise of a private employer's ability to set work place safety, productivity and integrity standards. Some states and cities have passed legislation which regulates the method and circumstances under which employers may test. Motorola's testing programs will comply with those laws. Q: Doesn't drug testing constitute an invasion of my privacy? A: Deterring illegal drug use through drug testing has been held by courts to be a lawful exercise of a private employer's ability to set work place safety, productivity and integrity standards. Motorola is taking steps to minimize and protect all employees' right of privacy, as opposed to invading your right to privacy. EMPLOYEE ASSISTANCE PROGRAM Q: Can I voluntarily enter a drug rehabilitation program before being tested? A: Yes, the Employee Assistance Program will conduct an assessment, make a referral to a qualified professional and follow-up to ensure satisfactory treatment. Q: Who provides these services? A: Motorola's Employee Assistance Program is staffed by qualified professionals who are certified in the addictions and employee assistance fields. Q: How can I reach the Employee Assistance Program at my site? A: You can call your nearest Employee Assistance Program number: Austin 512/928-7744 Mansfield 617/364-2000 Mesa 602/898-5392 Phoenix 602/244-6067 Schaumburg 708/576-0493 Scottsdale 602/994-6666 South Florida 305/475-6420 Q: What if I have a positive drug test result? Do I have to go to the Employee Assistance Program or can I go to my own physician / counselor / self-help group? A: You will be referred to the Employee Assistance Program for consultation and assessment. Your counselor will work with you to develop an appropriate and agreed-upon action plan, which may include the use of your own physician, counselor or self-help group. You must successfully complete all phases of the Employee Assistance Program action plan. Q: Will the results of my Employee Assistance Program be confidential if I am required to attend because of a positive test result? A: The results of the rehabilitation are confidential. Your cooperation and participation in fulfilling the Employee Assistance Program action plan will be shared with the appropriate management, in accordance with Motorola policy and as required or permitted by law. Q: Will I have to miss work to attend? A: In most cases, you will meet with the Employee Assistance staff during work hours. Q: Does the new drug policy require the Employee Assistance Program to report my drug use if I voluntarily go in for counseling? A: No. If you voluntarily seek help from the Employee Assistance Program, this information is confidential. Q: If I am notified to report for a drug test but voluntarily contact the Employee Assistance Program before the test, must I still take the test? A: Yes. Enrollment in Employee Assistance Program has no bearing on the requirement to report for a test when notified to do so. EMPLOYEE ASSISTANCE PROGRAM Q: If I am applying for a security clearance or already have one, will voluntary participation in the Employee Assistance Program affect my security clearance? A: If you already have a clearance and have or will voluntarily use the services of the Employee Assistance Program, your drug use will not be reportable to the government under the reporting requirements as adverse information. But, if the company knows that you have a drug problem prior to your admission to Employee Assistance Program, it is required to report this information as adverse information. Q: If Motorola tells me to get treatment, and my insurance won't pay for all or part of the bill, who pays the rest? A: You are responsible for choosing the type of medical coverage you want -- either the Motorola Medical Plan or an HMO, where offered. You are responsible for the payment of any cost not covered by your medical coverage. HMOs generally have limited coverage for chemical dependency treatment. Q: If I am a voluntary participant in the Employee Assistance Program and then test positive in universal testing, is that considered my second positive? A: No. It is considered a first-time positive. Q: If I am in the Employee Assistance Program as a results of a first-time positive, and then test positive again in universal testing, is that considered my second positive? A: yes. CONTRACT AND TEMPORARY EMPLOYEES Q: If I am a contractor, who will pay for my testing? A: You will be responsible for covering the expenses of the test. Q: Will temporary summer help be required to take this test? A: Yes. You will take the applicant drug test which is administered to all temporary employees. Q: If I take the test in 1990 as a contractor and then leave for a year and come back in 1991, will I have to take the test again? A: When you come back to Motorola as an employee or contract employee you will be required to meet the requirements of the drug-free policy (as an employee) or the requirements of the agreement or contract (as a contract employee). ------------If this was a forwarded post, the article ends here.------------