Drug Free Workplace Program

 Drug Free Workplace Program

Policy

Drug use by any employee, which impairs judgement or performance poses a great threat to client safety.  Therefore, all employees of Concierge Care, on or off duty, are required to refrain from the use or possession of illegal drugs (including but not limited to): Marijuana, Cocaine, Opiates, Amphetamines, Phencyclidine (PCP) .

I. SUMMARY OF DRUG-FREE WORKPLACE PROGRAM

In a commitment to safeguard the health of our employees and to provide a safe and productive working environment for everyone, we have established a Drug-Free Workplace Program.  

As a condition of employment, employees may not manufacture, sell, possess, use, distributed, dispense or purchase alcohol beverages, controlled substances, or illegal or illicit drugs during working hours, while on client property, or while operating agency or client vehicles and/or equipment.  Off-duty use detectable during working hours is also prohibited.  Further, the Federal Drug-Free Workplace Act requires that any conviction under a criminal drug statute for a violation occurring in the workplace must be reported to the agency. Convicted employees must provide notice to the administrator within five calendar days after such conviction.  Failure to report a conviction will result in automatic discharge of the employee whenever discovered.  A conviction means a finding of guilt, including a plea of nolo contendere or imposition of a sentence or both by a judicial body.

Any employee violating the Concierge Care Drug-Free Workplace Program will be subject to discipline up to and including termination of employment.   In addition, any employee who consumes, manufactures, sells, possesses, distributes, dispenses, or purchases any substance used to become intoxicated or “high” during working hours, while on agency or client property, or while operating agency or client vehicles and/or equipment will be subject to discipline up to and including termination of employment for the first offense.   

Caring Hearts of UtahConcierge Care shall perform random, unannounced on-site evaluations of employees, to confirm that employees are following the Drug-Free Program.  The Agency will not pay for drug tests not required or for employee assistance/rehabilitation treatment programs.  

The agency has established a Drug-Free Workplace Program which all employees must review as part of new employee orientation and the contents of which is posted on Concierge Care employee blog (conciergehandbook.blogspot.com).  The program includes information about the dangers of drug abuse in the workplace (see Appendix 2), the agency’s policy on maintaining a drug-free workplace, and the penalties that may be imposed on employees for drug abuse violations.   Employees are required to adhere to the Concierge Care Drug Free Workplace Program as a condition of employment.  The agency may change and update this Drug-Free Workplace Program as desired.  Nothing in this program is intended to create a contract between the agency and any employee.  Employees are hired and remain employed in an at-will status.

II.   Notice of Drug-Free Workplace Program

      The agency includes notice of drug-free workplace program on vacancy announcements.  A notice of the agency’s drug-free workplace program is also posted in appropriate and conspicuous locations on the agency’s premises.  Copies of the Drug-Free Workplace Program are available for inspection at any time on the company blog, “conciergehandbook.blogspot.com”.

III.   Types of Drug Testing

      1. Job Applicants:   “Job Applicant” means a person who has applied for a position with an employer and has been offered employment conditioned upon successfully fulfilling the Drug-Free Program.    

      a.   All applicants offered a position will be tested for the presence of alcohol and drugs and other prohibited substances at the discretion of Concierge Care.     

   b.   Applicants will be asked to sign the “Applicant Drug Testing Consent Agreement” and the “Job Applicant  Acknowledgement of Receipt and Understanding.”  If an applicant refuses to sign the consent agreement, he or she will be considered disqualified and the employment process will be terminated.  

  c.   Applicants will be asked to report immediately or the same day for drug testing, or within 24 hours of Concierge Care requesting a drug test.  Failure to do so will disqualify the applicant.  The applicant will not be considered for employment for a period of six (6) months.   

     d.   If an applicant’s drug test result is confirmed positive the applicant will be notified in writing that he or she has failed to meet employment screening standards.    

 

2. Employee Drug Testing  

Employee:  “Employee” means any person who works for salary, wages, or other remuneration for an employer.  Types of drug testing for employees include: 

a. Post-Accident Testing

b. Reasonable Suspicion Testing  

Employees will be tested if an accident results in an injury to the employee or another person and requires outside medical attention, or when the employee is determined to have caused or contributed to an accident.

Employees will be tested if involved in an accident resulting in physical damage to agency or client property, product, equipment, or machinery.

Employees will be tested any time there is an accident by a driver of a motorized vehicle including personal vehicles used while conducting agency or client business.

3. Reasonable Suspicion Testing:  Employees will be tested when there is a reasonable suspicion that an employee is using or has used drugs.

“Reasonable Suspicion Drug Testing” means drug testing based on a belief that an employee is using or has used drugs in violation of the agency’s policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience.  Among other things, that facts and inferences may be based upon:

• Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. 
  
  

• Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.

• A report of drug use, provided by a reliable and credible source.  

• Evidence that an individual has tampered with a drug test during his or her employment with the agency.   

• Information that an employee has caused or contributed to or been involved in an accident while at work.  See Post-Accident Drug Testing for further details.

• Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the agency’s premises or while operating agency or client vehicles, machinery or equipment.

If drug testing is conducted based on “reasonable suspicion”, the agency shall promptly detail in writing the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant the testing.   A copy of this documentation shall be given to the employee upon request.  

a. Follow up Testing:  In the course of employment, if an employee enters an employee assistance program for drug-related problems or a drug rehabilitation program, he or she must submit to follow up testing.   The employee must successfully complete the treatment program to be eligible for continued employment.   The agency will require the employee to submit to follow-up testing.  Such testing will be unannounced and occur at least once a year for a two-year period after completion of the treatment program. 

b. Additional Testing:  Additional testing may also be conducted as required by applicable state or federal laws, rules, or regulations, or as consequences of a Confirmed Positive Drug Test Result

IV. Consequences of Positive Drug Test

1.    Job Applicant – If an applicant’s test is confirmed positive, the applicant will not be

considered for employment at that time and will be informed that he or she has failed to meet employment screening standards.  The applicant will not be considered for employment for a period of six (6) months.  A new employment application must be completed before an applicant will be reconsidered.

2.    Employee – Violation of the agency’s Drug-Free Workplace Program or violation with evidence of use, sale, possession, distribution, dispensation, or purchase of drugs or alcohol on agency premises or during working hours will result in immediate termination.  Terminated employees may also forfeit unemployment compensation benefits.

4.    An injured employee with a confirmed positive drug test result may also forfeit medical and indemnity benefits under workers compensation.   

 

V.    Consequences of Refusing to Submit to a Drug Test

1. Job Applicant:  An applicant refusing to be drug tested will be disqualified from further

employment consideration and the employment process will be terminated.  The applicant will not be considered for employment for a period of six (6) months and will be required to submit new hiring paperwork.    

        2.   Employee:  Any employee who refuses to submit to a drug test may be discharged from employment or otherwise disciplined by the agency.  Terminated employees may also forfeit unemployment compensation.    If injured, the employee may also forfeit worker’s compensation medical and indemnity benefits.

VI.    Procedures   

       The following will generally apply.    

a.     A “chain of custody” form will be given to the employee or job applicant to document the handling and storage of a specimen from the time it is collected until the time of disposal. This form links the individual to the specimen sample.   It is written proof of everything that happens to the specimen while at the collection site and the laboratory.

              b.     Any applicant or employee who refuses to cooperate with the directives set forth in the drug testing procedures or policy, or fails to report for drug testing as required, or attempts to tamper, contaminate, or switch a sample will be considered to have violated the drug testing policy and will be subject to termination from employment or ineligible for employment.    

c.     Employees will have signed an “Applicant Drug Testing Acknowledgement of Receipt and Understanding” and “Applicant Drug Testing Consent Agreement”.

d.     When an employee is required to undergo post-accident or reasonable suspicion testing, the employee will be placed on administrative leave, without pay, and not permitted to return to work pending the results of the drug test or investigation.

e.    The agency will not discharge, discipline, refuse to hire, discriminate against, request or require rehabilitation of an employee or job applicant on the sole basis of a confirmed positive test result that has not been verified by a confirmation test.   

 

f.    An employee will not be discharged, disciplined, or discriminated against solely upon the employee voluntarily seeking treatment, while employed by Concierge Care for a drug-related problem if the employee has not previously tested positive for drug use, entered an employee assistance program for drug-related problems, or entered a drug rehabilitation program.

VII    Confidentiality  

       All information, interviews, reports, statements, memoranda, and drug test results, written or otherwise, received or produced by the agency as a result of this drug testing program are considered confidential communications.  Unless authorized by state laws, rules or regulations, the agency will not use, release, or disclose such information in any private or public proceedings, except as permitted by Law, without written consent signed voluntarily by the person tested.  Information on drug testing shall not be released or used in any criminal proceedings(s) against the employee or job applicant.  The agency, agent of the agency, or laboratory conducting a drug test may have access to employee drug testing information when consulting with legal counsel with actions brought under or related to its defense in a civil or administrative matter or as compelled by an administrative law judge, a hearing officer, or court of competent  jurisdiction  pursuant to an appeal taken under this section or as deemed appropriate by a professional or occupational licensing board in a related disciplinary hearing.

     The Voluntary Report of Relevant Information is a confidential report for the administrator.  This form permits individuals to list all prescription and non-prescription drugs that they are currently using or have used in the past month, as well as any other information they consider relevant to the test.   This information permits the administrator to properly analyze test results.  This form must be provided to the administrator.  The form is attached hereto as Appendix 1.  Providing information will not preclude the administration of the drug test but shall be taken into consideration in interpreting any positive, confirmed test result.  This form also provides notice of the most common medications by brand name or common name and chemical name which will be tested for and which may alter or affect a drug test.   A list of brand name or common name as well as chemical name which alter or affect a drug test is part of Appendix 1.

    Drug Testing will be administered by a laboratory certified by the U.S. Department of Health and Human Services licensed by the Agency for Health Care Administration, for the purpose of determining the presence or absence of a drug or its metabolites.

     All drug test results are reviewed by a licensed physician with knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collection procedures.  The licensed physician verifies positive, confirmed drug test results, and has the necessary medical training to interpret and evaluate an employee’s positive test result in relation to the employee’s medical history or any other relevant biomedical information.   

     Caring Hearts of Utah will inform an employee or job applicant in writing of a positive test result within five (5) working days after notification from the physician and the consequences of such results.  The agency will provide a copy of the test results to the employee or job applicant upon request.  

    A job applicant or employee who receives a positive, confirmed test result may contest or explain the result to the physician within five (5) working days after receiving written notification of a positive test result.  If the employee’s or job applicant’s explanation or challenge is unsatisfactory to the physician, the physician shall report a positive test result back to the agency. 

    The job applicant or employee may contest the drug test result pursuant to law or rules adopted by the Agency for Healthcare Administration.

     If a job applicant or employee fails to contest or explain the positive test result within the five (5) working days, the job applicant will not be eligible for employment and may reapply after six (6) months, and an employee will be terminated for “violation of the drug-free workplace program.”

    A job applicant or employee has the responsibility of notifying the drug testing laboratory of any administrative or civil action.  The result of a drug test may appeal to an applicable court.

     During the 180-day period after written notification of a positive test result, the employee or applicant who has provided the specimen will be permitted to have a portion of the specimen re-tested, at the employee’s or job applicant’s expense, at another laboratory, licensed and approved by the Agency for Health Care Administration, chosen by the employee or job applicant.   

     Job applicants and employees have the right to consult with the physician for technical information regarding prescription and non-prescription medication.  An applicant or employee found to be using a prescription drug belonging to someone else or misusing prescription or non-prescription drugs may be terminated for illegal drug use.   Any employee sent for drug testing during the course of employment shall receive Appendix 1, included elsewhere in this package, prior to drug testing for any reason. The employee may send the completed form directly to the physician indicated on Appendix 1.    

      If drug testing is conducted on reasonable suspicion, the agency shall promptly detail in writing the circumstances forming the basis of the determination that reasonable suspicion existed to warrant testing.

      The following is a list of all drugs (described by brand name, common name and/or chemical name) for which the agency will test:     

Alcohol –Distilled spirits, wine, a malt beverage or intoxicating liquor; all liquid medications containing ethyl alcohol (ethanol).  Please read the label for alcohol content.  As an example, Vick’s Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9% (54 proof) (booze, drink).   

Amphetamines – Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Ionamine, Fastin, Speed, Uppers, Crank, Meth.

Cannabinoid- Marinot, Dronabinol, (marijuana) (pot, Acapulco Gold, grass, reefer, joint, weed), Tetrahydrocannibinol (THC), hashish (hash) hashish oil

Cocaine – Cocaine HCL topical solution (Roxanne, coke, snow, flake, crack, nose candy)

Barbiturates – Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Foricet, Esgic, Butisol, Mebral, Butabarbital, Butabital, Phrenilin, Triad, etc.

Benzodiazophines – Ativan, Azene, Clonopin, Dalmine, Diazepan, Librium, Xanax, Serax, Tranxine, Valium, Verstran, Halcoin, Paxipam, Restroil, Centrax.   

Phencyclidine – Not legal by prescription; (PCP, angel dust, hog)

Methaqualone – Not legal by prescription (Quaalude), Ludes, Downs

Opiates –  Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Emprin with Codine, APAP with Codeine, Asprin with Codine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphine), M-S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, Tussi-organidin), Heroin, Percodan, Oxycodone, etc.  

Synthetic Narcotics  

Propoxyphene – (Darvocet, Darvon N, Dolene)

Methadone – (Dolophine, Methadose)

Metabolites of any substance listed above

VIII.      Specimen Collection Sites

Quest Diagnostics is our primary collection center of specimens for drug testing.   Locations near you may be found at www.questdiagnostics.com , Official Site by selecting the following.

- Select “Make Appointment”       - Enter city, state OR zip code - Select reason for testing  - Select date and time - Select location 

III. Searches

A. The agency reserves the right to conduct routine and “on the spot” searches and inspections of all vehicles,  offices, briefcases, desks, totes, backpacks, boxes, packages, containers, lockers, coolers, or other items on agency or client property in furtherance of this policy.  Individuals may be requested to display personal property for visual inspection upon agency request.

B.    The agency has the right to conduct “on–the-spot” searches and inspections of employees or other persons leaving any Concierge Care facility or client home, including boxes, packages, employee purses, briefcases, desks, backpacks, totes, lunch bags, coolers, lockers, large and/or unusual items, or other personal items on agency property to ensure drugs and alcohol do not enter or effect the workplace or in violation of any part of this policy.

C.    The agency reserves the right to conduct “on-the-spot” searches and inspections of its employees or other persons if the agency has “reasonable suspicion” such employees or other persons are in violation of any part of this policy.     

D.    Failure to consent to a search or display for visual inspection will be grounds for termination.

E.    Routine and “on-the-spot” searches of an employee’s personal property will take place only in the employee’s presence.  All searches under this policy will occur with discretion and consideration for the employee involved.

F.    Under no circumstances will an employee drive an agency vehicle or a personal vehicle on company business after the consumption of alcoholic beverages, illegal drug, or legally prescribed drug that impairs the employee’s judgment and/or ability to drive.

 

APPENDIX 1

Concierge Care VOLUNTARY REPORT OF RELEVANT INFORMATION TO MEDICAL REVIEW OFFICER

Employees and job applicants may list any information on this form they consider relevant to their drug test, including identification of currently or recently used prescription or nonprescription medication or other relevant medical information.   This form is confidential and must be turned into the physician conducting the drug test.

I, ____________________________________________, voluntarily report that I have used the following drugs in the last month:

__________________________  Used Last: _______________________________

__________________________  Used Last: _______________________________

__________________________  Used Last: _______________________________

__________________________  Used Last: _______________________________

__________________________  Used Last: _______________________________

__________________________  Used Last: _______________________________

Over-the-Counter and Prescription Drugs which could alter or affect drug test results

Alcohol: All liquid medications containing ethyl alcohol (ethanol).  Please read the label for alcohol content.  As an example, Vick’s Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9% (54 proof)    

Amphetamines: Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Ionamine, Fastine Barbiturates    Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebral, Butabarbital, Butalbital, Phenrinin, Triad, etc.

Benzodiazepines: Ativan, Azene, Clonopin, Dalmine, Diazepam, Librium, Xanax, Serax, Tranxene, Valium.Verstran, Halcion, Paxipam, Retoril, Centrax Benzoylecgonini   

Cannabinoids: Marinol (Dronabinol, THC)

Cocaine:  Cocaine HCL topical solution (Roxanne)      

Methadone: Dolphine, Metadose

Methaqualone: Not legal by prescription.   

Opiates:      Paregoric, Parapectolin, Donnegal PG, Morphine, Tylenol with       Codeine, Emprin with Codeine, APAP with Codeine, Aspirin with   Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine       Expectorant, Dilaudid (Hydromorphine), M-S Contin and Roxanol   (morphine sulfate), Percodan, Vicodin, Tussiorganidin, etc. Phencyclidine    Not legal by prescription 

Propoxyphene    Darvocet, Darvon, N, Dolene, etc.

Due to the large number of obscure brand names and constant marketing of new products, this list cannot and is not intended to be all-inclusive.    

OTHER RELEVANT INFORMATION:

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

__________________________________________  __________________________________________ Date       Signature

APPENDIX 2 Concierge Care Drug-Free Workplace Program

THE EFFECTS OF DRUGS AND ALCOHOL IN THE WORKPLACE

Alcohol and drug abuse by employees causes many expensive problems for business and industry ranging from lost productivity, injuries, absenteeism, fatalities, theft and low morale, increased health care costs, legal liabilities, and workers’ compensations costs.   

In compliance with this policy, the agency is providing you with the following information on the effects of alcohol and drugs on general health and workplace performance.

Drugs are chemical and because of their chemical structures can affect the body in different ways.  Most abused drugs directly or indirectly target the brain and actually change how the brain performs its job.  The impact of drug abuse can be far-reaching, affecting almost every organ in the human body.

Injuries

More deaths, illnesses and disabilities stem from substance abuse than from any other preventable health condition.

Effects of Alcohol Abuse on Health

Alcohol abuse can lead to high blood pressure, pancreatitis, enlarged and weakened heart, congestive heart failure and stroke.  Binge drinking can be associated with atrial fibrillation, a problem with the rate of rhythm of the heartbeat.  

Alcohol abuse increases the risks of cancer.  For women, even moderate drinking can increase chances of developing breast cancer by 10%.  Although alcohol can make you feel energetic or uninhibited, it is actually a depressant.  Alcohol shuts down parts of the brain.  When the amount of alcohol in your blood exceeds a certain level, your respiratory system slows down markedly, and can cause a coma or death because oxygen no longer reaches the brain.  This is referred to as alcohol poisoning.  Daily alcohol intake may impact the ability of adults to produce and retain new cells, reducing new brain cell production by nearly 40%.  Alcohol abuse is related to cirrhosis of the liver, fetal alcohol spectrum disorder (FAS), malnutrition, ulcers, hepatitis, among other things.  Poorer outcomes from surgical procedures due to alcohol’s effects on the person’s health, malnutrition, and the depressive effects of alcohol on the body.  Heavy drinking affects the body’s ability to stop bleeding because the liver has difficulty producing the proteins that cause clotting.  Alcohol abuse can result in brain damage, slower thinking, poor judgment, unsteadiness and slurred speech.  Alcohol doesn’t mix well with many prescription drugs.

EFFECTS OF DRUG USE ON YOUR HEALTH

Drug use can:

Weaken the immune system, increasing susceptibility to infections.  Cause cardiovascular conditions ranging from abnormal heart rate to heart attacks.  Injected drugs can also lead to collapsed veins and infections of the blood vessels, heart valves and death.   Cause nausea, vomiting and abdominal pain.  Cause the liver to have to work harder, possibly causing significant liver damage or liver failure.  Cause seizures, stroke, and widespread brain damage that can impact all aspects of daily life by causing problems with memory, attention and decision-making, including sustained mental confusion and permanent brain damage.  Produce global body changes such as breast development in men, dramatic fluctuations in appetite and increases in body temperature, which may impact a variety of health conditions.

EFFECTS OF DRUG USE ON THE BRAIN

Although initial drug use may be voluntary, drugs have been shown to alter brain chemistry, which interferes with an individual’s ability to make decisions and can lead to compulsive craving, seeking and use.   

All drugs of use – nicotine, cocaine, marijuana, and others – affect the brain circuit, which is part of the limbic system.  The limbic system combines higher mental functions and primitive emotion into one system.  Drugs cause unusually large amounts of dopamine to flood the brain.  This flood of dopamine is what causes the “high” or euphoria associated with drug abuse.

Behavioral Problems Associated with Drug and Alcohol Abuse

Paranoia  Aggressiveness  Hallucinations  Addiction  Impaired Judgment  Impulsiveness  Loss of Self-Control  Slowed Reaction Time

Effects of Drug Abuse on Birth Defects and Fetuses

The use of illicit drugs may pose various risks for pregnant women and their babies.  Some of these drugs can cause a baby to be born too small or too soon, or to have withdrawal symptoms, birth defects or learning and behavioral problems.  Additionally, illicit drugs may be prepared with impurities that may be harmful to a pregnancy.

Prescription Drugs: There is always a level of risk when using any drug including prescription or over-the-counter medications.  It’s important to follow your doctor’s advice when taking prescription drugs and discuss any side-effects and how this might impact on your work.   

Individuals who abuse depressants, including benzodiazepines, tranquilizers, barbiturates and sedatives, place themselves at risk of seizures, respiratory depression and decreased heart rate.  Stimulant abuse can cause high body temperature, irregular heart rate, cardiovascular system failure and fatal seizures.  It can also result in hostility or feelings of paranoia.  Individuals who abuse prescription drugs by injecting them expose themselves to additional risks, including contracting HIV (human immunodeficiency virus), hepatitis B and C and other blood-borne viruses.

Use of controlled substances with a valid prescription is not prohibited.  Nevertheless, if such use during work impairs the employee’s judgment, reaction time or work performance, the employee must report his/her use to the vice president for human resources or the director of human resources.  Where and when appropriate, reasonable accommodation will be provided for such prescription use.  

EFFECTS OF DRUG USE ON THE WORKPLACE

In addition to the above effects caused by alcohol and drug abuse, the use of Club Drugs, Cocaine, Hallucinogens, Heroin, Inhalants, Marijuana, Methamphetamine or Meth, Steroids, and Synthetic Drugs contribute significantly to work-related performance problems.

Areas of work that may be impacted by alcohol or drug abuse in the workplace include:

Low productivity and self-initiative  Poor judgment and effectiveness  Safety – carelessness, lack of initiative, poor coordination, poor  and impaired  judgment, blurred vision, hallucinations, and impulsiveness, and lack of self-control  Security and loss issues  Poor public trust and perception  Behavioral work problems including instability, arguments, fighting  Increased costs associated with increased absenteeism, accidents, and the increased loss and need for loss prevention

Let your supervisor or manager know if you suspect that you are working with someone who has a problem with or is impaired by alcohol and/or drugs or if you have a problem with alcohol or drug abuse.