205 CMR 138.17
Searches of Employees and the Workplace by the Gaming Licensee
(1)
The system of internal controls submitted by a gaming licensee in accordance with
205 CMR 138.02 shall include internal policies and procedures for the gaming licensee's security
department to conduct searches of employees, including screening for drugs and alcohol, and
employee workplaces, workspaces, and personal receptacles, specificallydescribing the policies
and procedures with respect to searches conducted at random and based upon reasonable
suspicion. Examples of "workspaces" include, but are not limited to, desks, closets, lockers, and
drawers located within the gaming establishment.
(2)
If the policies and procedures referenced in 205 CMR 138.17(1) are approved by the
commission, such policies and procedures shall be set forth in writing, prior to implementation,
as a portion of the gaming licensee's employee personnel policy manual. The content of this
manual shall include a requirement that the employee consents to searches conducted in the
described workplace areas and subject to the described circumstances as a condition of
employment with the gaming licensee. This manual shall be distributed to all employees. Each
employee shall acknowledge in writing, by way of the employee's signature, receipt of the
manual and an understanding of its contents, and specificallyan understanding that the employee
consents to the policy and understands it. The gaming licensee shall maintain the written
acknowledgements in a central repository.