Collins Land Services, LLC. (The Company) recognizes that employees are our most valuable asset, and the most important contributors to our continued growth and success. We are firmly committed to the safety of our employees and will do everything possible to prevent workplace accidents.
To further this goal, our Company has developed a Drug-free Workplace Policy effective February 9, 2019. The Program consists of three components: Post-Offer Drug/Alcohol Screen, Reasonable Cause Drug/Alcohol Screen and Post-Incident Drug/Alcohol Screen.
This policy applies to all candidates for employment as well as all current employees. This policy also serves to reinforce Collins Land Services, LLC. ‘s intolerance for illegal drug use and working under the influence of alcohol.
This policy is implemented pursuant to the drug-free workplace program requirements under Florida Statute 440.102 and Administrative Rule 59A-24 of the State of Florida Agency for Health Care Administration.
Post-Offer Testing
Collins Land Services, LLC. believes accident prevention and a safe work environment begin with hiring. As such, we have contracted with Tru-Care Labs & Patients First to conduct applicable testing. Employment is conditional of pending results of a Drug/Alcohol Screen.
Procedure
Any applicant Collins Land Services, LLC. hires will be directed to undergo a Drug and/or Alcohol test, at the expense of Collins Land Services, LLC. The results will be released to the VP of Administration, who in turn will notify the candidate of the results.
The test will consist of a urine analysis test for the non-prescribed illegal substances listed in Exhibit ‘A’ attached.
Consequence
In the event the results of the drug test are positive, the Medical Review Officer (MRO) will review the report and contact the applicant to determine if any extenuating circumstances, relevant at the time of the test, could have resulted in a false positive.
The MRO will determine if the applicant will be re-tested. If any applicant tests positive with a blood alcohol level exceeding .02 or any non-prescribed illegal substance listed in Exhibit ‘A’, Collins Land Services, LLC. will withdraw our offer of employment. If any applicant refuses to submit to the tests, Collins Land Services, LLC. will withdraw the offer.
Reasonable Cause
Collins Land Services, LLC. reserves the right under all applicable laws to test any employee for alcohol and illegal drugs if the employee shows cause. Collins Land Services, LLC. management, supervisors, and lead persons have been trained to identify symptoms of being under the influence of illegal drugs or alcohol.
Procedure
If a supervisor or administrator identifies a problem, s/he will ask another Supervisor or administrator to confirm the reasonable cause. Both persons will then individually fill out a Reasonable Suspicion Report. After filling out the report and it is decided jointly that reasonable suspicion still exists, the employee will be escorted to a private area where the supervisor or administrator will speak to the person confidentially. The employee will be given a chance to explain. If after the explanation the supervisor believes the employee is unfit to perform his/her duties, and reasonable suspicion for use of illegal drugs or alcohol still exists, the employee will be asked to submit to a test.
The clinic or hospital may perform a breath alcohol test along with a urine analysis for the nonprescribed illegal drugs listed in Exhibit ‘A’ attached.
Consequence
If the test comes back positive for illegal drugs the employee may be subject to immediate termination. If the test comes back positive for an alcohol level exceeding .02 it will be grounds for disciplinary action up to and including termination. If the test comes back negative, the employee will be compensated for time off and return to normal work activities. If an employee is using prescription or over-the-counter medication, it will be Collins Land Services, LLC. ‘s decision if the employee is to go back to normal work activities.
If an employee refuses to submit to the test, they will be considered insubordinate, and it will be grounds for immediate termination. If an employee becomes hostile, law enforcement will be called, and s/he will be considered insubordinate, which will be grounds for immediate termination.
Follow-Up Drug Testing
If the employee in the course of employment enters an employee assistance program for
drug/alcohol-related problems, or a drug/alcohol rehabilitation program, Collins Land Services, LLC. requires the employee to submit to a drug/alcohol test as a follow-up to the program, unless the employee voluntarily entered the program. In those cases, Collins Land Services, LLC. has the option to not require follow-up testing. If follow-up testing is required, it must be conducted at least once a year for a 2-year period after completion of the program. Advance notice of a follow-up testing date must not be given to the employee to be tested.
Post-Incident Testing
This policy applies to all Collins Land Services LLC. employees involved in a work-related or near miss incident. This policy also serves to reinforce Collins Land Services, LLC. ‘s intolerance for illegal drug use and working under the influence of alcohol.
Procedure
Any employees involved in a work-related incident must inform a supervisor immediately. If the incident involved property damage or requires medical attention, the employee will be directed to go to have the injury taken care of and to provide a urine and/or breath sample onsite, as soon as possible following the accident. If possible, this testing will be in conjunction with medical treatment. The test results will be released to the Human Resources Manager. The test may consist of a urine analysis, and a breath alcohol test to test for the non-prescribed illegal substances listed in Exhibit ‘A’ attached.
Consequences
Any employee who tests positive for illegal substances may be subject to immediate termination. If the blood alcohol test comes back with an alcohol level exceeding .02, it will be grounds for disciplinary action up to and including immediate termination. In addition, an employee who refuses to submit to the testing procedure will be considered insubordinate and will be grounds for immediate termination.
Refusal of Test
If an injured employee refuses to submit to a drug/alcohol test, the employee forfeits eligibility for Florida workers’ compensation medical and indemnity benefits and is grounds for immediate termination of employment.
Random Drug and Alcohol Testing
This policy applies to all Company employees involved in a safety-sensitive position or their job is subject to random testing (i.e. DOT). Random screening will be at the discretion of management based on current projects and requirements.
Confidentiality
All information, interviews, reports, statement memoranda, and drug-test results, written or otherwise, received by the employer through a drug-testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in accordance with this section or in determining compensability applicable state statue.
This subsection (confidentiality) does not prohibit an employer, agent of an employer, or laboratory conducting a drug test from having access to employee drug-test information or using such information when consulting with legal counsel in connection with actions brought under or related to this section or when the information is relevant to its defense in a civil or administrative matter.
Medication Reporting Procedure
Employees or job applicants may confidentially report to the company’s medical review officer (MRO) the use of prescription or nonprescription medications both before and after being tested. Additionally, employees and job applicants shall receive notice of the most common drugs or medications – by brand name or common name, as applicable, as well as by chemical name – which may alter or affect a drug test.
Test Results – Reporting
Employees or job applicants who receive a positive confirmed test result may contest or explain the result to the medical review officer within 5 working days after receiving written notification of the test result. If the employee’s or job applicant’s explanation or challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the employer. Employees and job applicants also may contest the drug test result pursuant to law or to rules adopted by the Agency for Health Care Administration (AHCA), as outlined below.
Challenges to Test Results
A requirement of a drug-free workplace program is that within five working days after receiving the notice of a positive confirmed test result, an employee or job applicant may submit information to the employer explaining or contesting the test result, and why the result does not constitute a violation of the employer’s policy. If the employee’s or job applicant’s explanation or challenge of the positive test result is unsatisfactory to the employer, a written response as to why the employee’s or job applicant’s explanation is unsatisfactory, along with the report of positive result, shall be provided by the employer to the employee or job applicant; and all such documentation shall be kept confidential by the employer pursuant to confidentiality provisions outlined above, and shall be retained for at least 1 year.
An employee or job applicant may undertake an administrative challenge by filing a claim for benefits (where applicable) with a Judge of Compensation Claims pursuant to Florida Statutes. When an employee undertakes a challenge to the result of a test, it shall be the employee’s responsibility to notify the laboratory, and the sample shall be retained by the laboratory until the case is settled.
Medical Review Officer Consultations
Employees and job applicants may consult with a medical review officer for technical information, regarding prescription or non-prescription medication.
Drugs You Will Be Tested For:
- Amphetamines- (Speed, Uppers)
- Barbiturates – (Depressants)
- Benzodiazepines – (Valium)
- Cannabinoids – (Marijuana, THC)
- Cocaine – (Coke, Crack)
- Methadone – (Morphine)
- Methaqualone – (Quaaludes)
- Opiates – (Heroin)
- Phencyclidine – (PCP, Angel Dust)
- Propoxyphene – (Darvon)
- Alcohol
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 |
| Cannabinoids | Marinol (Dronabinol, THC) |
| Cocaine | Cocaine HCI topical solution (Roxanne) |
| Phencyclidine | Not legal by prescription |
| Methaqualone | Not legal by prescription |
| Opiates | Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Emprin with Codeine, AP AP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphine), M-S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, Tussi-organidin, etc. |
| Barbiturates | Phenobarbitol, 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, Restoril, Centrax |
| Methadone | Dolphine, Metadose |
| Propoxyphene | Darvocet, Darvon N, Dolene, etc. |
*Due to the substantial number of obscure brand names and constant marketing of new products, this list cannot and is not intended to be all-inclusive.
Purpose of this form: The use of this form is to alert you of the possible influence that prescription drugs may have on the outcome of a drug test. It is for your information only. If necessary, any questions about the outcome of a drug test will be addressed by a licensed physician.
Drug Free Workplace – Notice to Applicants
Collins Land Services, LLC (The Company) has established and maintains a drug-free workplace Program. This drug-free workplace Program is in conformity with chapter 440.102, Florida Statutes, its implementing regulations, and Federal law.
As part of this Program, offers of employment are expressly conditioned upon passing a drug test. In addition, employees of the Company may be subject to drug testing under chosen conditions outlined in the Company’s Drug and Alcohol Policy Statement.
For a person receiving a conditional offer of employment, failure of a drug test or refusal to submit to drug testing when required by the Company shall cancel or terminate any job offer. For an employee, failing a drug test or refusing to submit to a drug test will result in action against an employee up to and including termination of employment.
A person who receives a conditional offer of employment will have an opportunity to confidentially report to the Medical Review Officer (MRO) both before and after being tested regarding the use of prescription or non-prescription medications. Additionally, a job applicant shall receive a list of common medications which may alter or affect a drug test. A job applicant will also be given names, addresses, and telephone numbers of local alcohol and drug rehabilitation programs.
Any person receiving a conditional offer of employment who fails a drug test may challenge or explain the result within five working days after written notification of the test result. A job applicant will also have an opportunity to request a retest at the job applicant’s expense. If a job applicant’s explanation or challenge is unsatisfactory, the job applicant may contest the drug test results pursuant to rules adopted by the Department of Labor and Employment Security or the Florida Agency for Health Care Administration.
The job applicant also has the responsibility to notify the laboratory or clinic conducting the drug rest of any administrative or civil action brought involving the drug test conducted by that laboratory or clinic.
The job applicant also has the right to consult the testing laboratory or clinic for technical information regarding prescription and non-prescription medication. In addition, each job applicant will be given a list prior to administration of the drug tests of the substances to be tested. All test results will remain confidential except as allowed by law. The Company will provide each job applicant with a copy of the Company’s Drug and Alcohol Abuse Policy Statement prior to the administration of a drug test.
Nothing in this Notice will affect these rights provided in any collective bargaining agreement between the Company and its employees. Refusal to complete or sign this notice will result in a withdrawal of any offer of employment.
Applicant Drug Testing Consent and Release
As part of my application for employment, I understand that all job offers are expressly conditioned upon submitting to and passing a drug test to detect the presence of illegal drugs or alcohol use.
I hereby consent to submit to a urinalysis, or other tests as required by Collins Land Services, LLC. (the Company) for the purposes of testing for the presence of illegal drugs or alcohol abuse.
I agree that a clinic or laboratory approved by the Florida Agency for Health Care Administration may collect and test any specimens I provide for these tests.
I further agree to authorize the release of the results of these tests to the Medical Review Officer employed or retained by the Company, to the VP of Administration of the Company, and to such other management personnel as may require this information on a need-to-know basis.
My understanding is that any information derived from these tests will be confidential between the laboratory, the VP of Administration of the Company, and the Medical Review Officer, except as otherwise provided by law, or if I place the test or its results in issue in any administrative, legal, or other proceeding.
I have carefully read this Consent and Release form and understand it completely.
I also understand that execution of this Consent and Release is a condition of employment with the Company and my refusal to sign will result in the withdrawal of any offer of employment I may receive.
I am signing this form voluntarily and have not been coerced or placed under duress by any person.