Sample Workplace Searches Policy

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August 23, 2018
Author: Julie A. Proscia
Organization: SmithAmundsen LLC


To 1) better protect and secure the property of our employees, our customers, and [*insert Employer name*], 2) help prevent the possession, sale, and use of illegal drugs on [*insert Employer name*] premises (in support of [*insert Employer name*] drug-free workplace policy), and 3) assist with and support a safe and efficient workplace free from threats, intimidation, harassment and discrimination, [*insert Employer name*] establishes the right to question employees (and all other persons entering and leaving our premises), and to inspect any property whether locked or unlocked including packages, parcels, purses, handbags, briefcases, lunchboxes, electronic equipment or any other possessions or articles carried to and from [*insert Employer name*] premises.

In addition, [*insert Employer name*] reserves the right to search any employee’s office, desk, files, locker, palm pilot, computer, laptop computer, electronic organizer, or any other area or article on our premises, including personal or Employer vehicles, whether or not such property is locked or unlocked and whether or not the lock is Employer owned or employee owned. In this connection, it should be noted that all offices, desks, files, lockers, and so forth, whether locked or unlocked, are the property of [*insert Employer name*] and are issued for the use of employees only during their employment with [*insert Employer name*].

Searches and inspections may be conducted at any time at the discretion of [*insert Employer name*] when reasonable grounds exist.

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To this end, the Employer has posted notices in our facilities informing all employees, prospective employees, customers, visitors, and all other individuals of the Employer’s broad workplace search policy.

Individuals entering the premises of [*insert Employer name*] who refuse to cooperate in an inspection or search conducted under this policy will not be permitted to enter the premises of [*insert Employer name*]. Employees who refuse to cooperate in an inspection or search, as well as employees who after the inspection or search are believed to be in possession of stolen property, illegal or unauthorized firearms or weapons, or illegal drugs, will be sent immediately to the Human Resources Department and be subjected to disciplinary action up to and including discharge (if, on investigation, they are found to be in violation of the Employer’s security procedures or any other Employer rules and regulations). Additionally, [*insert Employer name*] reserves the right to contact and/or involve law enforcement as it deems appropriate or necessary.

Employees who unreasonably fail or refuse to promptly permit a search under this policy will be subject to discipline up to and including termination from employment.

Employees should not have an expectation of privacy as to any property or articles on Employer premises, including computers, electronic equipment, etc.

Nothing stated in this policy is intended to preclude or dissuade employees from engaging in otherwise legally protected activities protected by state or federal law, including the National Labor Relations Act.

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