1. PURPOSE
Apex Instruments Company Private Limited (Apex) places a top priority on establishing and maintaining a healthy environment for learning, teaching, and work. This includes ensuring that smoking, alcohol abuse, and drug and substance abuse do not negatively impact the health and safety of its employees, directors, officers, and others associated with the company.
To achieve this goal, this policy is designed to create a secure, healthy, and drug-free workplace. The policy also ensures that Apex complies with all legislative requirements related to the safety and health of its workforce and students, as well as any other laws regarding smoking, alcohol, and drug use. Furthermore, the policy outlines the consequences of non-compliance.
2. SCOPE
This policy has been developed in compliance with the provisions of various Indian laws, including The Narcotic Drugs and Psychotropic Substances Act, 1985; The Drugs And Cosmetic Act, 1940; The Drugs Control Act, 1950; The Drugs and Magic Remedies Act, 1954, and the rules formulated under them. Its objective is to promote a secure, healthy, and drug-free working environment.
3. APPLICABILITY
This policy is applicable to all employees, directors, officers or other people working with and associated with Apex, either temporarily or permanently, working in all branched throughout the Indian Territory.
4. POLICY STATEMENT
4.1. Apex is fully committed to preventing substance abuse in the workplace to ensure a safe environment that is free from the negative effects of alcohol, smoking, and drug abuse. The company will take strict disciplinary action against any member who is found to be:
4.1.1 Engaging in the sale, purchase, possession, consumption, or transfer of illegal drugs or controlled substances; or
4.1.2 Consuming alcohol during working hours, while performing official duties, or consuming excessive amounts of prescribed drugs; or
4.1.3 Non-compliant with any provision of the Narcotic Drugs and Psychotropic Substances Act, 1985, or any other related regulations.
4.2. To provide a safe working environment, Apex may, from time to time:
4.2.1 Establish specific rules and guidelines regarding alcohol and other substance abuse for its members;
4.2.2 Conduct alcohol or drug-related screening tests for prospective and current members; and
4.2.3 Conduct inspections of members and their possessions while they are present inside the office premises of the company for possession of illegal drugs or controlled substances.
5. ROLE AND RESPONSIBILITY OF APEX
5.1. Apex acknowledges its responsibility to increase awareness among its members regarding the harmful effects of alcohol and substance abuse. To achieve this, the company shall undertake the following activities:
5.1.1. Disseminate information on the harmful effects of alcohol and substance abuse through various mechanisms
5.1.2. Recognize and guide members who are struggling with alcohol or substance abuse to seek appropriate counseling or rehabilitation
5.1.3. Take any other necessary action
5.2. In discharging its responsibilities, Apex shall:
5.2.1. Utilize all available channels and resources to educate and increase awareness among its members regarding the impact of substance abuse
5.2.2. Train members to identify warning signs of alcohol and substance abuse among fellow members
5.2.3. Support local and national programs and other efforts that combat alcohol and substance abuse and its effects.
6. ROLE AND RESPONSIBILITY OF MEMBERS
6.1. As a responsible organization, Apex expects all its members to uphold the policy on anti-drug and substance abuse. Therefore, all members are expected to:
6.1.1. Report to work free of any alcohol or substance abuse and their effects;
6.1.2. Participate in and support the educational programs against substance abuse sponsored by the firm;
6.1.3. Seek and accept assistance for any alcohol or substance abuse related issues before they start affecting their physical health and job performance; and
6.1.4. Support the efforts of the firm in eliminating alcohol and other substance abuse related issues.
6.2. Any violation of the roles and responsibilities as outlined above shall attract disciplinary action against the member, which may include suspension and/or termination.
6.3. Apex expects all its members to behave responsibly in regards to anti-drug and substance abuse policies. Therefore, all members are expected to:
6.3.1. Report to work at all times, free of alcohol or other substance abuse and their effects;
6.3.2. Participate in and support education programs sponsored by the firm against substance abuse;
6.3.3. Seek and accept assistance for alcohol and other substance abuse-related issues before it starts affecting physical health and job performance; and
6.3.4. Support the efforts of the firm in eliminating alcohol and other substance abuse-related issues.
6.4. Violation of these policies and responsibilities may result in disciplinary action against the member, including suspension or termination.
7. REPORTING VIOLATIONS
7.1. Any person who becomes aware of any instance or who becomes aware of any information suggesting that a violation under this Policy has occurred or is about to occur is required to report it to the Designated Officer.
7.2. No employee, director, officer, or other person working with Apex will suffer demotion, penalty, or other adverse consequences for raising concerns or reporting possible wrongdoing under this policy, even if it may result in the Company losing business or suffering a disadvantage, or even if such a report is found to be mistaken.
7.3. Apex strictly prohibits retaliatory action against any person who raises a concern in good faith.
7.4. All reports of violations made under this policy shall be investigated thoroughly by the Designated Officer and the management.
8. INQUIRY PROCESS
8.1. After receiving a complaint as stated above, Apex will send a copy of the complaint to the Respondent(s) within 7 days of receipt. Within 10 days thereafter, the Respondent(s) shall file a reply to the complaint along with supporting documents and details of witnesses.
8.2. Apex will take necessary steps to investigate and address the complaint within 60 days of receiving it.
9. PUNISHMENT FOR VIOLATION
The disciplinary action that may be taken against an offender, commensurate with the nature and gravity of the offense, shall include, but not be limited to:
9.1. An opportunity to be heard: Apex shall provide a fair opportunity to the accused member against whom allegations have been raised to comply with the due process of law.
9.2. Warning and written apology: If the allegations against the accused member are proven true, Apex may issue warnings as part of the disciplinary action, not exceeding three warnings in total, and may ask for a written apology from the offender.
9.3. Cost: Apex may seek such costs, as it deems fit, owing to the breach caused under the policy.
9.4. Suspension: Apex may suspend the member for a period deemed appropriate.
9.5. Dismissal: In the case of grave and/or continuous offense, Apex may dismiss the offender. The offender shall not be recruited by any branch office of Apex at any position at all, and Apex may take any legal action deemed fit and proper before the proper forum
10. MISCELLANEOUS
The disciplinary actions that may be taken, commensurate with the nature and gravity of the offense, shall include, but not be limited to:
10.1. Warning: A verbal or written warning given to the offender
10.2. Written apology from the offender
10.3. Bond of good behavior: An agreement with the offender that they will not commit any further breaches of the policy
10.4. Transfer: Transfer to a different department or branch
10.5. Debarring from supervisory duties: Removal from a supervisory or managerial position
10.6. Denial of employee benefits: Loss of benefits such as increments, promotion, salary correction, etc.
10.7. Cancellation of specific work assignment: Revoking a specific project or task assigned to the offender
10.8. Suspension: Temporary suspension from work for a specified period
10.9. Dismissal: Termination of employment, and the offender may not be recruited for any position by any branch office of Apex, and/or taking any legal action deemed fit and proper by Apex.
11. NON- WAIVER OF STATUTORY RIGHTS
This policy does not limit Apex's right to seek legal remedy under applicable law for any breach committed. Non-compliance with this policy may result in criminal or civil penalties, the severity of which will depend on the offense. Violation of this policy may also lead to disciplinary action, up to and including termination of employment.
12. DISPLAY OF THIS POLICY
12.1. Apex shall display this Policy on the Apex website as well as display the same conspicuously on the notice boards of each of its offices in English.
12.2. Each employee shall view and confirm to these policies upon joining and/or upon the same being enforced by Apex.