POLICY NUMBER: SUBJECT: BEH003 DRUG & ALCOHOL TESTING POLICY EFFECTIVE DATE: 10/1/2007 REVISION DATE: 5/1/2014 APPLICABLE FOR: Office Mazzio s Oliveto POLICY: Mazzio s has a vital interest in maintaining a safe, healthy and efficient working environment for all its employees. Drug and alcohol abuse are regarded as serious social and economic problems. Individuals under the influence of drugs or alcohol present safety and health risks to themselves and their fellow employees and have a detrimental effect upon high standards of performance and conduct. Mazzio s LLC will post a copy of this policy in a prominent employee access area and will provide a copy of this policy to each employee. Mazzio s LLC may cancel, modify, or otherwise amend this policy from time to time and for any reason as Mazzio s LLC deems necessary or as required by law. Mazzio s LLC will provide employees sufficient notice, as provided by governing statutes, of a new or modified policy prior to the policy s implementation. SCOPE: This policy applies to all employees of Mazzio s LLC and will be applied uniformly. The term employee means a person who is employed by Mazzio s LLC on a regular or temporary basis in a full-time or parttime status. The provisions in this policy related to applicant testing apply only to those individuals applying for management and corporate positions. Violations of any provision of this policy may result in disciplinary action, up to and including termination of employment. This policy also applies to all contract personnel in the same manner as it applies to employees according to the provisions of the contractual agreement. Facility management shall inform all contractors doing work in a Mazzio s LLC facility about the applicable provisions of this policy. Violation of the applicable provisions or refusal to cooperate with implementation of the policy may result in Mazzio s LLC barring contract personnel from Mazzio s LLC facilities or from participating in Mazzio s LLC operations. Company property referred to throughout the policy means property owned or leased by Mazzio s. PROHIBITED ACTIVITY: Mazzio s LLC strictly prohibits each of the following activities, which may result in withdrawal of a conditional offer of employment or disciplinary action that may include suspension or termination: A. Possessing, using, being under the influence of, manufacturing, dispensing, selling, or distributing inhalants, illegal drugs, or illegally obtained prescription medications while on the job, in a Mazzio s LLC-owned vehicle, or on Mazzio s LLC property.
B. Possessing, using, being under the influence of, manufacturing, dispensing, selling, or distributing alcohol, except selling alcohol as a part of normal company operations, on Mazzio s LLC property unless expressly authorized by a member of management at a level of Vice President or above. C. The conduct described in paragraphs A and B is also prohibited during non-working hours to the extent that, in Mazzio s LLC s opinion, it impairs the individual's ability to perform on the job, threatens the safety of that individual or others, or threatens the reputation or integrity of Mazzio s LLC. D. For safety reasons, the use of prescription drugs or over-the-counter drugs which may adversely affect performance or behavior must be reported by the individual to Mazzio s LLC. In no case should an individual begin work prior to reporting such information to the individual s immediate supervisor. If appropriate modified duty is not available, then the individual will be placed on leave of absence until modified duty is available or the employee can return to work without restriction. Administration of the leave will be done in accordance with the requirements of the company s leave policies. E. Failure to adhere to the requirements of any drug or alcohol treatment or counseling program in which the individual is enrolled as a condition of continued employment. F. Conviction for an alcohol or drug-related offense. G. Failure to notify Mazzio s LLC of any arrest or conviction for an alcohol or drug-related offense within five working days of the arrest or conviction. H. Failure or refusal to cooperate with Mazzio s LLC or a testing facility in connection with the performance of a drug or alcohol test conducted pursuant to this policy, including, but not limited to, a failure or refusal to timely provide a testable sample for a drug or alcohol test upon request. This includes providing an adulterated sample or sample that has been tampered with. I. A positive drug or alcohol test result obtained pursuant to this policy for which there is no satisfactory explanation. J. Refusal to cooperate with a workplace search or investigation conducted in furtherance of and pursuant to this policy. K. It is a condition of employment for an employee to refrain from the above activities. If an injured employee refuses to submit to a test for drugs or alcohol, the employee may be precluded from workers compensation medical and indemnity benefits. PROCEDURE: 1. Drug and Alcohol Testing To enforce the policy against drugs and alcohol in the workplace, Mazzio s LLC may require an employee to undergo a test for drugs and/or alcohol under the following circumstances: A. Testing of applicants. Applicants for all salaried management and corporate office positions will be required to undergo testing for drugs and alcohol upon receiving a conditional offer of employment. Individuals will be notified when applying for these positions with Mazzio s LLC that these positions require drug and alcohol testing upon receipt of a conditional offer of employment. The individual will be provided a copy of this policy upon receipt of a conditional offer of employment. A refusal to take the test or a positive test will result in withdrawal of the conditional
offer. NOTE: if an applicant fails a pre-employment drug-screening test, they cannot reapply for employment for a minimum of 90 days. B. Other testing reasons. Current employees will be requested or required to undergo testing for drugs and/or alcohol 1 in the following circumstances: 1. Reasonable Belief: When Mazzio s LLC has a reasonable belief that an employee has engaged in conduct prohibited by this policy. 2. Post-Accident: When an individual has sustained a work-related injury, including during a motor vehicle accident, or Mazzio s LLC property has been damaged by an employee or third party, including damage to equipment. 3. Follow-up: Without prior notice, annually, for a period of two (2) years from the date of the individual s return to work, following a positive test or following participation in a drug or alcohol dependency treatment program undertaken at the request of Mazzio s LLC. When an individual enters into a drug or alcohol dependency treatment program voluntarily, Mazzio s LLC has the option not to require follow-up testing and will make such determination on a case-by-case basis. Current employees may be requested or required to undergo testing for drugs and/or alcohol in the following circumstances: 1. Random testing: Random testing where the basis for selection is a method that results in an equal probability that any single individual from a group of persons subject to the selection process will be selected. Mazzio s LLC will not waive the testing of any individual selected under the random testing mechanism. 2. Fitness-for-duty: Testing conducted as a routine part of a routinely scheduled fitness-forduty medical examination or an examination, which is scheduled routinely for all members of a designated job classification or group. 2. Definitions and Scope of Policy A. Alcohol. For purposes of this policy, the term alcohol means ethyl alcohol or ethanol. An individual is considered to be under the influence of alcohol if the individual has a positive test for alcohol. B. Drugs. For purposes of this policy, the term "drug" includes controlled substances approved for testing by governing authorities and include but are not necessarily limited to the substances identified below. C. Controlled substances may include, but are not limited to the following: 1. Marijuana; 2. Opiates/synthetic narcotics including codeine, hydrocodone, dydromorphone, meperidine, methadone, oxycodone, propoxyphene, heroin, and morphine; 3. Cocaine; 4. Phencyclidine (PCP) 5. Amphetamines including amphetamines, methamphetamines, methylenedioxyamphetamine, and phentermine; 6. Barbiturates including amobarbital, butalbital, pentobarbital, and secobarbital; 7. Benzodiazepines including diazepam, chlordiasezam, alprazolam, and clorazepate; 8. Methaqualone; and, 1 Arkansas employees who are not in safety-sensitive positions will be tested for alcohol only upon reasonable suspicion or belief.
9. Drugs for which the United States Department of Health and Human Services has established an approved protocol and positive threshold level. The trade and/or common names for some of these drugs include, but are not limited to, pot, cannabinoids, hycodan, dilaudid, Demerol, percocet, percodan, darvon, coke, benzoylecgonine, pcp, angel dust, d-amphetamine, d-methamphetamine, amytal, fiorinal, Nembutal, seconal, valium, Librium, xanax, tranxene, and Quaalude. Positive test results will be considered use and/or being under the influence of the drug. D. Legal Drugs. The term legal drug means prescribed drugs and over-the-counter medicines which have been legally obtained and are being used in recommended dosages and for the purposes for which they were prescribed or manufactured. E. Reasonable Belief. In this policy, the term reasonable belief means a belief that an individual is using or has used drugs or alcohol in violation of Mazzio s LLC policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of Mazzio s LLC experience. The belief may be based upon, but not limited to, the following circumstances: evidence of drugs or alcohol on or about the employee s person or in the employee s vicinity, unusual conduct on the employee s part that suggests impairment or influence of drugs or alcohol, a report of drug or alcohol use while at work or on duty, evidence that an employee has tampered with drug or alcohol testing at any time, negative performance patterns, or excessive and unexplained absenteeism or tardiness. F. Mazzio s LLC will make a written record of the observations leading to a controlled-substances reasonable belief test within 48 hours of the observed behavior or before the results of the test are released, whichever is earlier. 3. Testing and Collection Procedures A. Unless otherwise specifically prohibited by statute, Mazzio s may test by any method which is reasonably calculated to detect the presence of drugs or alcohol, including, but not limited to, breathalyzer testing, testing by use of a single-use test device to collect, handle, store and ship a sample collected for testing. B. Payment of Tests. Mazzio s LLC will pay all costs of testing required by Mazzio s LLC. The cost of transportation for current employees will be paid by Mazzio s LLC. If an individual requests a retest of a sample in order to challenge the results of a positive test or a confirmed positive test, the individual is responsible for the costs of the retest unless the retest reverses the findings of the challenged test. In such a case, Mazzio s LLC will reimburse the individual for the costs of the retest. C. Collection Procedures. All sample collection and testing for drugs and alcohol for testing in a testing facility shall be conducted in accordance with the following conditions: 1. Samples shall be collected and tested only by licensed or otherwise qualified individuals and may be collected on the premises of the employer; 2. The collection of samples shall be performed under reasonable and sanitary conditions; 3. A sample shall be collected in sufficient quantity to provide for any subsequent independent analysis in the event of challenge of the test results of the main specimen; 4. Sample collection shall be documented, and the documentation procedures shall include:
a. labeling of samples so as reasonably to preclude the probability of erroneous identification of test results, and b. an opportunity for the applicant or employee to provide notification of any information which the applicant or employee considers relevant to the test, including identification of currently or recently used prescription or nonprescription drugs, or other relevant information; 6. Sample collection, storage, and transportation to the testing facility shall be performed so as reasonably to preclude the probability of sample contamination or adulteration; 7. Sample testing shall conform to scientifically accepted analytical methods and procedures; and 8. A written record of the chain of custody of the sample shall be maintained in accordance with procedures established by federal regulations from the time of the collection of the sample until the sample is no longer required. D. Testing Procedures. When testing will be at laboratory facilities licensed or otherwise qualified to perform drug or alcohol testing, the testing facility will be responsible for maintaining and documenting that the proper chain of custody is assured for all samples while in the possession of the testing facility. Positive test results will be sent by the testing facility to the medical review officer designated by Mazzio s LLC. Management and supervisors are to restrict conversations concerning possible violations of this policy to those persons who are participating in any questioning, evaluation, investigation or disciplinary action and who have a need to know about the details of the investigation. 4. Rights of Test Subjects A. In conjunction with a drug or alcohol test, an individual has the right to provide notification of any information which he or she considers relevant to the test, including identification of currently or recently used prescription or nonprescription drugs, or other relevant information. An individual who receives a positive test result must contest or explain the result to the medical review officer within 5 working days after receiving written notification of the test result. If an individual s explanation or challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the covered employer 2. B. An individual has the right to explain, in confidence, the test results. C. An individual has the right to inspect and copy Mazzio s LLC records of his or her test results and related information. Mazzio s LLC may make a reasonable charge for the copying of the records. D. An individual may, at their own expense, challenge the results of a positive test or a confirmed positive test by requesting a retest of the sample. If the retest reverses the findings of the challenged test, Mazzio s LLC will reimburse the individual for the cost of the retest. 2 In Arkansas, individuals may contest the drug or alcohol test result pursuant to rules adopted by the Workers Health and Safety Division of the Workers Compensation Commission. Additionally, employees and job applicants have a responsibility to notify the testing laboratory of any administrative or civil action brought pursuant to Ark. Code Ann. 11-14-105. This policy complies with the requirements for employer drug and alcohol testing policies in accordance with the Voluntary Program For Drug-Free Workplaces. Such requirements are listed in Ark. Code Ann. 11-14-105.
5. Confidentiality Mazzio s LLC will not release an individual s records to any person other than to the individual, Mazzio s Review Officer or those persons authorized by law, unless the individual, in writing following receipt of the test results, has expressly granted Mazzio s permission to release the records or pursuant to a valid court order. The release of drug testing information pursuant to a written consent signed by the individual must contain the following: (1) The name of the person who is authorized to obtain the information; (2) The purpose of the disclosure; (3) The precise information to be disclosed; (4) The duration of the consent; and (5) The signature of the person authorizing release of the information. A testing review officer will not disclose an individual s test results and related information to any third party. 6. Workplace Monitoring and Searches To promote the purposes of this policy, Mazzio s LLC reserves the right to and upon reasonable belief may engage in monitoring or searches of Mazzio s LLC property, personal property of employees brought onto Mazzio s LLC property, or property of third parties brought onto the Mazzio s LLC premises to determine whether this policy has been violated. Mazzio s LLC shall not, however, engage in monitoring or searches that would go beyond the bounds of decency or that would be unconscionable. For example, Mazzio s LLC will not monitor restrooms, search or touch the body of an employee, or hold an employee in custody against his or her will. Consent to monitoring and searching is a condition of employment. 7. Disciplinary Action If an employee tests positive on a drug or alcohol test, Mazzio s LLC may take any disciplinary action against the individual, up to and including discharge. The progressive discipline related to Drug and Alcohol Testing for Mazzio s LLC is as follows: A. First-time offenders who test positive may be suspended for at least one calendar month (four work weeks) without pay. During that time, the employee is expected to examine his/her continued working relationship with the Company and seek appropriate rehabilitative assistance. Mazzio s LLC reserves the right to terminate any employee that tests positive for drugs or alcohol. There is no guarantee of reinstatement after suspension. Each employee s situation will be determined on a case-by-case basis. B. At the end of the suspension and before returning to work, the employee must be retested with negative results. Failure to test negative at this point will result in termination. C. Employees who test positive for the first time and complete their period of suspension, rehabilitation (if required), and subsequent negative testing may be offered an opportunity to return to work. These employees will be subject to the completion of a two-year probation period, and the basic provisions of the drug testing program will still apply. D. Second-time offenders and/or those subject to unscheduled random retesting who test positive will be discharged and terminated from payroll.
E. Employees who test positive after a motor vehicle accident will be terminated and not be eligible for rehire. F. Mazzio s LLC may take disciplinary action, up to and including discharge, against an individual who refuses to undergo a drug or alcohol test, or who fails or refuses to provide a testable sample based upon the qualified protocol. G. Subject to applicable state law, an employee discharged on the basis of a refusal to undergo drug or alcohol testing or a positive test result may be considered to have been discharged for misconduct for purposes of unemployment compensation benefits and may be disqualified from unemployment benefits. H. Under the law for most states, employees that test positive for drugs or alcohol are ineligible to receive compensation or benefits for work-related injuries. 8. Appeals As in all cases of job-related problems, concerns or questions related to the Mazzio s LLC Drug and Alcohol Testing policy should be directed to Mazzio s LLC Human Resources at 918-663-8880, option 3, then option 4. 9. Employee Assistance Program ( EAP ) Mazzio s LLC recognizes drug or alcohol dependency as a treatable condition. Mazzio s LLC provides an Employee Assistance Program ( EAP ) for employees, which assists those who seek counseling or treatment for drug or alcohol abuse or other personal/behavioral problems. Employees experiencing drug or alcohol abuse problems are strongly encouraged to seek assistance through the EAP before safety or performance problems occur. An individual may request admission into an EAP through calling in Tulsa 918-594-5232, or in all other areas 800-221-3976. The employee s decision to seek professional help will not be used as the basis for disciplinary action and will not be used against the employee in a disciplinary proceeding. On the other hand, using the EAP will not be a defense to the imposition of disciplinary action.