Common use of Alcohol and Drugs Clause in Contracts

Alcohol and Drugs. Contractor shall comply with Owner’s policies and practices regarding alcohol and drugs and shall not possess, consume, import, sell, give, barter or otherwise dispose of any alcoholic beverages or drugs (excluding drugs for proper medical purposes and then only in accordance with Applicable Law) at the Project Site, or permit or suffer any such possession, consumption, importation, sale, gift, barter or disposal by its Subcontractors, agents or Labor. Subject to requirements of Applicable Law, Contractor shall perform random drug and alcohol testing on Persons employed by its Subcontractors and shall perform a drug and alcohol test on any Person employed by a Subcontractor who Owner or Contractor reasonably suspects is in possession of or under the influence of any dangerous or controlled drug, alcohol or other such substance at any time during such Person’s performance of any portion of the Work at the Project Site. Subject to requirements of Applicable Law, Contractor shall perform drug and alcohol testing on its Subcontractors, agents and Labor for purposes of such Person’s hiring, treatment or annual physical. Additionally, Contractor shall perform, or cause its Subcontractors and agents to perform, a drug and alcohol test on each of their respective employees prior to any such employee first entering the Project Site to perform any Work. Contractor shall immediately identify and remove from its or its Subcontractors’ employment at the Project Site any Person (whether in the charge of Contractor or any of its Subcontractors) who is in possession of or under the influence of any dangerous or controlled drug, alcohol or other such substance at any time during such Person’s performance of any portion of the Work, excluding any Person using a prescription drug under supervision and approval from a medical doctor, or any other Person who does or whose actions may create any unsafe condition or other situation that may cause damage or harm to any Person or property, including any Person using a prescription drug under supervision and approval from a medical doctor. Contractor’s Drug and Alcohol Abuse Policy is attached as Exhibit L. This policy does not apply to Owner and its Personnel. Owner shall enforce its own drug and alcohol policy with respect to its Personnel.

Appears in 6 contracts

Samples: Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement

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