Substance Abuse and Testing Program 

● Purpose

○ Because the Company provides services to individuals who may be frail and unable to care for their own needs and pursuant to programs regulated by state and federal laws, it has a compelling obligation to eliminate substance abuse from its workforce. Alcohol or drug abuse adversely impacts an employee’s job performance, as well as endangers other employees, our clients and the general public. It is therefore necessary that the Company maintain a work environment that is free from the effects of alcohol and drugs.

● Prohibited Illegal Drug and Alcohol Use

○ The use, possession, distribution, selling, consuming, transferring or receiving of controlled substances ("illegal drugs"), drug paraphernalia or alcohol during work hours is strictly prohibited. Being under the influence of illegal drugs, intoxicants or alcohol at any level is strictly prohibited while on duty, while in the home of a client, on Company premises or while operating a vehicle during work hours or on the way to work. This policy is applicable to all employees without exception.

● Use of Prescribed Medications and Over-the-Counter Medications

○ Use of prescribed medications and over-the-counter medications is permitted only when the use of such medications does not adversely affect the employee's ability to perform the essential functions of his or her job in a safe manner. If you are on a physician’s prescribed medication or over-the-counter medication, or both, and you have concerns that your medication(s) has the potential of affecting your ability to perform your job duties in a safe manner, you must advise your Manager of this fact before reporting to work so that the Company can determine whether or not there is a significant risk to the employee or others that can be eliminated or reduced by reasonable accommodation.

○ The Company’s intent is to comply with all legal requirements impacting this policy, and in all instances, the provisions of this policy shall be interpreted and construed to be consistent with the requirements of all applicable laws.

REMINDER: Off-the-job use of alcohol or controlled substances will have a residual effect in the person’s system which will influence the results of any testing. Employees are warned that this makes no difference in the Company’s assessment of the appropriate discipline action which may include discharge.

● Notification of Drug Offense

○ Employees are required to notify the Company’s Administrator of any arrest or criminal charge made against the employee of any criminal statute involving the manufacture, distribution, dispensing, possession, purchase, sale or use of any controlled substance. This notification must be provided no later than five (5) calendar days after such arrest or charge. The Administrator, in his/her sole discretion and based on all circumstances known at the time may place the employee on immediate unpaid leave, pending the Company’s investigation and determination of the matter. Such leave may or may not be extended until such time as the proceedings stemming from the charge are concluded. Actions which would constitute a criminal offense will result in disciplinary action up to and including termination of employment.

● Enforcement and Searches

○ To facilitate the administration and enforcement of this policy, the Company will require employees to submit to drug and/or alcohol testing as described below. The Company will pay the full cost of the requested testing. The Company also enforces this policy by conducting searches. Entry onto Company property or other workplace settings, including without limitation a client’s home, is deemed consent to an inspection of person, vehicle, and/or personal property.

● Employment Testing

○ Job applicants for PCA and HHA positions will be required to submit to substance abuse screening test(s) as part of the employment application process, after the job applicant receives a copy of this written policy.

The Company will also require all employees to submit to substance abuse screening test(s) under the following circumstances:

○ (a) where the employee’s manager or any other management member believes there is reasonable suspicion that the employee is engaged in illegal use of a controlled substance or is impaired by alcohol;

○ (b) where the employee’s manager or any other management member believes there is reasonable suspicion that the employee is in violation of this policy; or

○ (c) where an employee is involved in or contributes to (by action or inaction) a work-related accident or unsafe practice AND the Company has reasonable suspicion to believe drugs or alcohol may have been involved.

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● Testing Procedures - Consent

○ Applicants and Employees must consent to the Company’s pre screening drug test, and to confirmatory testing if a pre screening test result is positive.

● Prescreening

○ The Company uses state-approved pre screening methodology when prescreening for illegal drug use on site. The Company pays for the cost of all pre screening tests.

● Confirmatory Testing

○ In the event a pre screening test result is positive, the Company will arrange for a confirmatory test by a qualified, independent drug testing facility using medically accepted testing methodology. All individuals who test positive will be offered the opportunity to provide a legitimate medical explanation to the independent drug testing facility for the positive test result, such as a physician’s prescription. Applicants and employees must pay the cost of their confirmatory tests. The Company will reimburse an applicant or employee the cost of a confirmatory test that confirms that the applicant or employee has a valid prescription for the substance which tested positive in the pre screening test.

○ Prescreening and confirmatory testing may require that the employee provide a breath, saliva, urine, blood or other scientifically acceptable sample.

○ An employee may request a second confirmatory retest of the original sample, at the employee’s expense, after notice that a positive test result has been confirmed. The employee must request this within five (5) calendar days after receiving notice of the confirmatory test result.

○ Job applicants and employees who test positive for pre screening will not have any contact with patients until the results of the confirmatory test are confirmed by the Company.

● Confidentiality

○ Consent forms, medical disclosures and test results will be kept confidential as required by law. Such information will be distributed only on a need-to-know basis to the extent necessary to protect a legitimate interest of the Company.

● Consequences

○ Job applicants and employees who refuse to submit to pre screening or confirmatory testing will be ineligible for employment or continued employment. Job applicants and employees who test positive for drugs without a legitimate medical explanation or alcohol will be ineligible for employment or continued employment.

● Shared Responsibility

○ A safe and productive drug-free workplace is achieved through cooperation and shared responsibility. All employees should report dangerous behavior to their Supervisor or any Manager. All employees receive a handbook, which contains this policy. The Company also reviews this policy in orientation sessions with new employees.

By signing below, you agree that you have read, understood and agree to abide by the Company’s Substance Abuse and Testing Program.

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Employee’s Printed Name Position

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Employee’s Signature Date

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Company Authorized Signature Date