2.1 Purpose:
To provide guidance on the circumstances in which associate drug and alcohol testing may be undertaken, the procedures for conducting such testing and safeguards to protect the rights of associates affected by this testing policy. It is PHCC’s goal to provide a safe and drug-free work environment for our clients and associates. This policy notifies all associates that it is a condition of employment for an associate to refrain from reporting to work or working with the presence of drugs or alcohol in his/her body. This policy allows PHCC to test for the presence of drugs or alcohol as a condition of continued employment for all associates and for hiring for all prospective associates. If any associate has any questions regarding this policy, or any other employment policy in place at PHCC, he/she is strongly encouraged to seek out his/her Supervisor or human resource professional to discuss his/her questions.

2.2 Scope:
The policy applies to all prospective and current associates.

2.3 Confidentiality:
Communicating necessary information regarding an associate’s fitness for duty or impairment is critical to maintaining a safe environment for our patients and associates. All information received by PHCC regarding drug and alcohol testing is strictly confidential. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies/needs. PHCC recognizes drug and alcohol dependency as an illness and major health problem. PHCC also recognizes substance abuse as a potential health, safety and security problem which affects all patients and associates working in our facility. Due to the sensitive nature of work undertaken at PHCC, it is imperative that no associate be permitted to work on or around patients when he/she is intoxicated, whether on any mind-altering substance or alcohol, at any time. Accordingly, PHCC explicitly prohibits:

• The use, possession, solicitation for, or sale of narcotics, other illegal drugs, alcohol, or prescription medication without prescription on PHCC property or while performing the essential functions of your job position.
• Being impaired or under the influence of any substance-illicit, alcoholic or otherwise away from PHCC property if such impairment or influence adversely affects your work performance, the safety of our patients, the safety of other associates or puts the reputation of PHCC at risk.

“Possession” for the intent and purposes of this drug and alcohol testing policy includes both the physical presence of the unconsumed substance or liquid in the associate’s belongings, on the associate’s person, etc. as well as the presence of a drug on an associate’s breath, in urine, or in the blood of an associate.

“Drug” for the intent and purposes of this drug and alcohol testing policy includes any narcotic or controlled substance, regulated by any state or federal agency /law, except when used in accordance with a physician’s prescription.

2.4 Drug and Alcohol Testing:

• Testing: All associates at PHCC are subject to unannounced drug testing at any interval to be conducted during, or immediately before or after, work hours. This testing is conducted for several purposes, including, but not limited to: (a) the deterrence and detection of possible illicit drug use, possession, sale, conveyance, distribution, or manufacture of illegal drugs, intoxicants, or controlled substances or the abuse of alcohol or prescription drugs; (b) investigation of accidents in the workplace, workplace theft or other employee misconduct; (c) maintenance of safety for associates, patients, clients or the public at large; (d) maintenance of productivity, quality of services, or security of property or information; and (e) investigation of possible individual associate impairment. Such drug testing shall be administered to comply with all applicable federal and state laws and will never be conducted for any discriminatory purpose.
• Pre-employment Testing: All prospective associates to whom a conditional offer of employment, regardless of what position he/she is applying for at PHCC, will submit to a drug/alcohol test prior to beginning work. This test will be scheduled by PHCC, in consultation with the prospective associate, after a conditional offer of employment has been made to the individual but prior to his/her first scheduled day of work. If the test returns a positive result, PHCC reserves the right to take appropriate action based upon the positive test result including, but not limited to, rescinding the job offer, terminating the associate or initiating disciplinary procedures.

2.5 Drug or Alcohol Testing Procedure:

PHCC will arrange for all drug/alcohol testing and will pay all actual costs. PHCC will also provide transportation or pay reasonable transportation costs to associates if off-site testing is required. Participation in the drug or alcohol testing by an associate is worked time for the purpose of compensation and benefits. All testing will be conducted by certified, qualified laboratories only. PHCC will maintain strict chain of custody rules and documentation for each sample submitted for testing.

2.6 Administration of Test:

Preliminary testing will occur in the following manner:
An associate or prospective associate will present reliable individual identification to the test administrator prior to the administration of the test. The test administrator will be from a certified, qualified laboratory and shall collect any samples for testing under reasonable and sanitary conditions. Any observer of the collection of urine samples will be of the same sex as the associate or prospective associate Sample collections shall be documented, and these documentation procedures shall include: (i) labeling of samples so as to reasonably preclude the possibility of misidentification and handling of samples in accordance with reasonable chain-of-custody and confidentiality procedures; and (ii) an opportunity for the associate or prospective associate to voluntarily provide notification of any information which may be considered as relevant to the test, including, but not limited to, identification of currently or recently used prescriptions or nonprescription drugs, or other relevant medical information. Sample collection, storage and transportation to the place of testing shall be performed so as to reasonably preclude the possibility of sample contamination, adulteration, or misidentification. 

2.7 Test Results or Refusal to Provide a Testing Sample:

Any positive test result will be disclosed to the tested associate or prospective associate in addition to appropriate PHCC supervisory and/or corporate officers; no disclosure will be made to any staff member or supervisory staff member who does not have a legitimate, business need to be aware of the result. Upon a positive test result being received, PHCC will, at its expense, cause the specimen to be subjected to confirmatory testing. The confirmatory testing shall use a different chemical process than was used in the preliminary testing and shall be a chromatographic technique such as gas chromatography / mass spectrometry, or another reliable analytical method. Confirmatory drug testing shall be conducted at a laboratory: certified by the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration; approved by the U.S. Department of Health and Human Services under the Clinical Laboratory Improvements Act or approved by the College of American Pathologists. Additionally, the associate or prospective associate who desires to challenge the preliminary results shall have the right to have the split sample tested by another certified laboratory at his/her sole expense.

If the confirmatory laboratory returns a negative result, that negative result shall be conclusive and override the first positive result received.

A positive confirmatory test result or a refusal of an associate or prospective associate to provide a testing sample may result in an adverse employment action, including but not limited to termination of an associate, suspension with or without pay, transfer or reassignment of an associate or job denial to a prospective associate. PHCC reserves the right to initiate and institute any disciplinary or rehabilitative action it deems reasonable and necessary based upon the specific circumstances present and regardless of whether the associate is in a safety sensitive position.

In the case of a positive confirmatory test result, the associate forfeits his/her eligibility for unemployment compensation benefits and, if injured at the time of the intoxication, indemnity benefits under the Workers Compensation Laws.

In the case of an associate’s refusal to provide a testing sample, the associate forfeits his/her eligibility for unemployment compensation benefits and, if injured, for indemnity benefits under the Workers Compensation Laws.

2.8 Drug/Alcohol Treatment Programs:

PHCC recognizes that alcohol and drug abuse and addiction are treatable with appropriate counseling, rehabilitation and/or treatment. Accordingly, PHCC encourages any and all associates to seek help if they are concerned that they may have a drug or alcohol problem and encourages associates to utilize the services of qualified professionals in the community to assess any addiction or abuse problems they may have. These professionals can identify sources of assistance and treatment appropriate to meet each individual’s needs.

Any associate may voluntarily, at his/her sole discretion, come forward prior to the announcement of the administration of a drug test and inform the test administrator of his/her use of drugs/alcohol for which he/she will test positive. The associate does this at his/her own risk understanding that this admission is made VOLUNTARILY: PHCC in no way requires such an admission from the associate to be verified.

IF A VOLUNTARY ADMISSION IS MADE, THE ASSOCIATE DOES SO KNOWING THAT HE/SHE MAY BE SUBJECT TO DISCIPLINARY PROCEDURES BASED UPON HIS/HER ADMISSION OF DRUG/ALCOHOL USE IN THE WORKPLACE ENDANGERING PATIENTS AND FELLOW ASSOCIATES, WHICH MAY RESULT IN DISCIPLINARY ACTION INCLUDING TERMINATION.

DRUG AND ALOCHOL TESTING POLICY ACKNOWLEDGMENT FORM (acceptance in application above)

I understand and acknowledge that I have been provided a copy of Princeton Memorial Company d/b/a Princeton Health Care Center’s Associate Drug and Alcohol Testing Policy, that I have read the drug and alcohol testing policy completely and fully understand that I may be required, as a condition of my employment, to submit to drug and/ or alcohol testing under the circumstances outlined in the policy. I further state that I have been given the opportunity to ask questions and/or discuss my concerns with a supervisor and/or human resources associate and understand that, if at any time I refuse to submit to drug and alcohol testing, I am subject to disciplinary action up to, and including, termination from employment.