DRUG-FREE WORKPLACE POLICY POLICY STATEMENT PRE-EMPLOYMENT TESTING Hollywood Casino Joliet is committed to the goal of maintaining a drug-free workplace. Achieving this goal is necessary to maintain the safety and integrity of our business and the safety and health of our Cast Members and customers. While Hollywood Casino Joliet has no intention of intruding into the private lives of its Cast Members, Hollywood Casino Joliet recognizes that Cast Member off-the-job as well as on-thejob involvement with illegal drugs can have an impact on the workplace, on customers, and on fellow Cast Members. As a consequence, Cast Members are expected to report for work with no illegal drugs in their bodies. Compliance with this requirement is considered to be an essential job qualification for all job assignments. Consistent with Hollywood Casino Joliet s objectives and concerns, Hollywood Casino Joliet has implemented pre-employment testing procedures designed to discourage hiring individuals who use illegal drugs. Further, after hire, Hollywood Casino Joliet reserves the right at any time to administer testing procedures to Cast Members in order to detect the presence of illegal drugs or alcohol in the body. This may occur on a scheduled, random or incident basis. Hollywood Casino Joliet also reserves the right to use other methods to determine compliance with its Drug-Free Workplace Policy, which may include periodic searches and inspections. As a condition of hire, all applicants are required to execute the attached Pre-Employment Drug Testing Consent Form. Further, upon hire, all Cast Members as a condition of employment are required to sign the Acknowledgment which is attached to this policy, confirming that they have received a copy of Hollywood Casino Joliet s Drug-Free Workplace Policy and that it is their obligation as a condition of employment and employment and continued employment to abide by all of its terms. Discussed below is a more detailed discussion of the general rules that will be enforced in maintaining a work environment that is free from the affects of substance abuse:
GENERAL RULES Applicants and Cast Members should be aware of the following rules concerning substance abuse. 1. The use, sale, possession or distribution of illegal drugs, being under the influence of illegal drugs, or having any illegal drug in one s body while on the job or on Hollywood Casino Joliet premises is a dischargeable offense. Any illegal drugs will be turned over to the appropriate law enforcement agency and may result in criminal prosecution. 2. Cast Members who are under the influence of alcohol, or who posses or consume alcohol on the job or on company premises, have the potential for interfering with their own as well as their co-workers safe and efficient job performance. Violation of this provision also will be proper cause for disciplinary action, up to and including termination of employment. 3. Cast Members who are arrested for off-the-job illegal drug activity may be considered to be in violation of this policy. In deciding what action to take, management will take into consideration the nature of the charges, the Cast Member s record with Hollywood Casino Joliet and other factors relative to the impact of the Cast Member s arrest upon the conduct of Company business. 4. Some of the drugs which are illegal under Federal, State, or local laws include, among others, marijuana, heroin, hashish, cocaine, hallucinogens, PCP, opiates, methamphetamine, and depressants and stimulants not prescribed for current personal treatment by an accredited physician. 5. Cast Members undergoing prescribed medical treatment with a legal drug that may impair job performance would report this treatment to Hollywood Casino Joliet. The use of a legal drug as part of a prescribed medical treatment program is naturally not grounds for disciplinary action, but it is important for Hollywood Casino Joliet to know such use is occurring. Further, in appropriate cases, certain job restrictions may be necessary for the safety of the Cast Member, the public and fellow Cast Members. Failure to disclose such treatment, particularly where it may create a safety risk, is also grounds for disciplinary action up to and including termination. 6. Further restrictions and/or requirements concerning Hollywood Casino Joliet s Drug-Free Workplace Policy may be necessary based on compliance with Federal, State and/or local laws and regulations.
DEFINITIONS Company premises means all property, facilities, boat, dock, buildings, structures, grounds, and parking lots as well as cars, truck and other vehicles owned, leased, or used by Hollywood Casino Joliet of any vehicles brought onto Hollywood Casino Joliet premises by Cast Members. Illegal drug means any drug (a) that is not legally obtainable, (b) that is legally obtainable but which has not been legally obtained, or (c) that is being used in a manner or for a purpose other than that prescribed. Legal drug means any drug that has been legally prescribed and is used solely for its prescribed purpose and any over-the-counter drug that has been legally obtained and is being used solely for its manufactured purpose. Testing means the use of any substance measurement or detection test selected by Hollywood Casino Joliet (in its sole discretion), which detects or infers the presence, past or present, of drugs or alcohol in the body. Under the influence means that a Cast Member is affected in any detectable manner of alcohol, one or more illegal drugs, or any combination thereof. The symptoms of influence need not involve misbehavior or obvious impairment of physical or mental ability such as slurred speech or difficulty in maintaining balance. Illegal drug in one s body means the presence of any detectable amount of any illegal drug (or chemical substance or residue from which the presence of any illegal drug may be reasonably inferred) in the body of an applicant or Cast Member. Reasonable suspicion means circumstances, workplace conditions, or Cast Member behavior indication alcohol or other drug use. It includes, but is not limited to, the following circumstances: (a) (b) (c) (d) (e) observable phenomena, such as direct observation of alcohol or other drug use and/or the physical symptoms of being under the influence; a pattern of abnormal conduct, incoherent mental state, or erratic behavior that is otherwise unexplained; arrest or conviction for a drug-related offense, or the identification of a Cast Member as the focus of a criminal investigation into illegal drug possession, use, or trafficking; information provided either by reliable and credible sources or independently corroborated; newly discovered evidence that the Cast Member has tampered with a previously administered drug test;
(f) other actions, conduct or misfeasance that provide reasonable suspicion that the Cast Member may be under the influence. DRUG-FREE AWARNESS PROGRAM Hollywood Casino Joliet has established a Drug-Free Awareness Program to inform Cast Members about (1) the dangers of alcohol or other drug use in the workplace; (2) Hollywood Casino Joliet s policy of maintaining a drug-free workplace; and (3) the sanctions that may be imposed upon Cast Members for violations of the Company s Drug-Free Workplace Policy. Hollywood Casino Joliet will use its Drug-Free Awareness Program in an ongoing educational effort to prevent and eliminate drug use that may affect the workplace. PRE-EMPLOYMENT TESTING The following procedures shall apply in the pre-employment process. 1. All applicants for employment will be required to sign the Pre- Employment Drug Testing Consent Form," which is attached to this policy. Failure to sign the form will result in termination of the remainder of the pre-employment process. 2. After a conditional offer of employment has been made, all final applicants will be tested for illegal drugs as a condition of employment. 3. In order to be eligible for employment, applicants will be required to submit to the required testing at a time and place designed by Hollywood Casino Joliet. 4. All initial applicant positive drug test results may be subject to confirmation through the use of a second test using the gas chromatography/mass spectrometry spectrometry (GC/MS) methodology. 5. Where the presence of an illegal drug is detected, employment will be denied. 6. Neither the adoption nor implementation of the above practices and procedures shall be construed as giving any person any right to employment with Hollywood Casino Joliet nor be construed to limit in any way the Hollywood Casino Joliet s right, at its sole discretion, to decline making an offer of employment or to terminate or modify any employment relationship. These policies and procedures may be modified or revoked by the Company at any time. CAST MEMBER TESTING POLICY For current Cast Members the procedures discussed below shall be as follows: 1. As discussed at the outset of this policy, drug and/or alcohol testing of current Cast Members may be required on a scheduled, random or incident basis.
2. A Cast Member s consent to submit to drug and/or alcohol testing is required as a condition of continued employment. A Cast Member s refusal to sign the Cast Member Consent Form, attached to this policy, will be treated as an act of insubordination and may result in disciplinary action up to and including termination. 3. A Cast Member will be required to submit to the testing procedures at a time and place designated by Hollywood Casino Joliet and the Cast Member s failure or refusal to appear, as scheduled, may be viewed as a refusal to participate in the test and result in disciplinary action up to and including termination. 4. Whenever a Cast Member is to be tested for cause, under the conditions specified above, the Cast Member will not be permitted to return to work until the results of the test are received from the testing laboratory. In the event that the test results are negative for the presence of a prohibited level of alcohol or other drug and the Cast Member has not otherwise violated any work rules, the Cast Member will be paid for time lost awaiting the test results. 5. All Cast Member positive drug test results may be subject to confirmation through the use of a second test using the gas chromatography/mass spectrometry (GC/MS) methodology. 6. In the event of a confirmed positive test result for alcohol or drugs, the following procedures will apply: a. Before management decides upon the final course of action, including potential discipline, to be taken in the event of a positive alcohol/drug test, the affected Cast Member will be given a reasonable opportunity to rebut or explain the positive test result. A Cast Member who receives a confirmed positive test result also will be given an opportunity, upon request, to have the sample retested at his/her own expensed at a reputable testing laboratory at his/her choosing. b. Upon written request, management will provide the affected Cast Member with a copy of the confirmed positive alcohol or other drug test results. SEARCHES AND INSPECTIONS In order to enforce this policy, Hollywood Casino Joliet reserves the right to search and inspect Hollywood Casino Joliet property (including, but not limited to, vehicles, machines, equipment, lockers, tool boxes, work station, desks, file cabinets and other containers) for alcohol or illegal drugs at any time without permission. These searches and inspections do not have to be based on reasonable suspicion.
Hollywood Casino Joliet also may search an individual s person or property (including, but not limited to, lunch boxes, pockets, parcels, packages, purses, briefcases, tool boxes and other containers) when there is reasonable suspicion that the individual or individuals are in violation of the policy. Searches of individuals and their personal property for other reasons may be conducted when circumstances or workplace conditions justify them. All individuals are expected to cooperate with such searches and inspections. A Cast Member s refusal to consent or otherwise cooperate may result in disciplinary action, up to and including termination. NO ALTERATION OF AT-WILL EMPLOYMENT Neither the adoption nor implementation of this policy shall be construed as creating a contractual obligation or modifying the at-will employment relationship between Hollywood Casino Joliet and its Cast Members. Hollywood Casino Joliet also reserves the right to modify or rescind this policy in whole or in part at any time with or without notice.
PRE-EMPLOYMENT DRUG-TESTING CONSENT FORM 1. I have been provided a copy of the Hollywood Casino Joliet policy against the use, sale, possession, or distribution of illegal drugs or alcohol having any illegal drug in one s body while on the job or being under the influence of illegal drugs or alcohol by its Cast Members. I further understand that Hollywood Casino Joliet has adopted an employment drug testing program as method of implementing that policy. 2. I hereby consent to the taking of samples of my hair, blood, breath or urine by Hollywood Casino Joliet or its agents, for the purpose of the above drug/alcohol testing program and the testing of such samples by a testing laboratory designated by the Company. I understand that such testing may reveal drug use during the period of 90 days immediately proceeding such testing. I hereby further consent to the release of any test reports on such samples to Hollywood Casino Joliet and the use of all such reports by Hollywood Casino Joliet in its assessment of my employment application. 3. I understand that my refusal to consent to such testing will result in my disqualification from further consideration for employment with Hollywood Casino Joliet. 4. I also understand that determining my suitability or fitness for employment is within the sole discretion of Hollywood Casino Joliet, and that a positive test finding will result in my disqualification from further consideration for employment. 5. I release and discharge Hollywood Casino Joliet and the testing laboratory selected by Hollywood Casino Joliet, and the officers, directors, Cast Members and agents of each of the aforementioned, from any and all claims or potential claims or actions relating to such testing, including the taking of samples, the testing process, procedures and analysis and the disclosure and utilization of the test results in considering my employment at Hollywood Casino Joliet. 6. I understand that body hair provides qualitative results of drug use up to approximately one year prior to the collection of the sample. My signature below acknowledges that I have read and understand this consent form, and I agree to be considered for employment with Hollywood Casino Joliet on the conditions set forth above. DATE SOCIAL SECURITY # DATE SIGNATURE NAME (PLEASE PRINT) WITNESS SIGNATURE WITNESS NAME (PLEASE PRINT)
EMPLOYMENT DRUG-TESTING CONSENT FORM 1. I have been provided a copy of the Hollywood Casino Joliet policy against the use, sale, possession, or distribution of illegal drugs or alcohol having any illegal drug in one s body while on the job or being under the influence of illegal drugs or alcohol by its Cast Members. I further understand that Hollywood Casino Joliet has adopted an employment drug testing program as method of implementing that policy. 2. I hereby consent to the taking of samples of my hair, blood, breath or urine by Hollywood Casino Joliet or its agents, for the purpose of the above drug/alcohol testing program and the testing of such samples by a testing laboratory designated by Hollywood Casino Joliet. I understand that such testing may reveal drug use during the period of 90 days immediately proceeding such testing. I hereby further consent to the release of any test reports on such samples to Hollywood Casino Joliet and the use of all such reports by the Company in its assessment of my continued employment. 3. I understand that my refusal to consent to such testing will result in my disqualification from further consideration for employment with Hollywood Casino Joliet. 4. I also understand that determining my suitability or fitness for employment is within the sole discretion of Hollywood Casino Joliet, and that a positive test finding will result in my disqualification from further consideration for employment. 5. I release and discharge Hollywood Casino Joliet and the testing laboratory selected by Hollywood Casino Joliet, and the officers, directors, Cast Members and agents of each of the aforementioned, from any and all claims or potential claims or actions relating to such testing, including the taking of samples, the testing process, procedures and analysis and the disclosure and utilization of the test results in considering my employment at Hollywood Casino Joliet. 6. I understand that body hair provides qualitative results of drug use up to approximately one year prior to the collection of the sample. My signature below acknowledges that I have read and understand this consent form, and I agree to be considered for employment with Hollywood Casino Joliet on the conditions set forth above. DATE SOCIAL SECURITY # SIGNATURE NAME (PLEASE PRINT) DATE WITNESS SIGNATURE WITNESS NAME (PLEASE PRINT)