PROIETTO PAINTING, INC - The Blue Book Building ...



PROIETTO PAINTING, INC. and

PRO-TECH CAULKING & WATERPROOFING, INC.

DRUG-FREE WORKPLACE POLICY

Effective April 20, 1994

Revised July 22, 2006

Proietto Painting, Inc. and Pro-Tech Caulking & Waterproofing, Inc. (hereinafter referred to as the Companies) are dedicated to maintaining a drug-free environment for our clients and employees. The Companies are committed to only hiring employees of good character, and we consider the use of illegal drugs to be criminal activity. To that end, the following drug-free workplace policy is in effect for all employment applicants, and all current and future employees of the Companies.

The Companies require all employees to report to work without any alcohol, or illegal, mind-altering or unauthorized controlled substances (drugs) in their systems. We also will not tolerate employees manufacturing, using, selling, possessing, distributing, dispensing or making arrangements to distribute illegal drugs or other unauthorized controlled substances while at work or on Company property or otherwise engaged in Company duties. Further, outside conduct which may affect your work, our relationship with co-workers, or the public, or reflects badly on either Company is prohibited. Violation of these rules will subject you to discipline, up to, and including immediate discharge.

In order to enforce these rules, we reserve the right to require employees to submit at any time to urinalysis, blood, hair, breath or other tests to determine the presence of prohibited substances. We will utilize confirmation tests and careful collection and testing procedures to ensure that we obtain an accurate result. We also reserve the right to search desks, cabinets, tool boxes, vehicles, bags or any other property at the Companies or in their vehicles. Failure to consent to search or display for visual inspection will be grounds for termination of reason for denial of access to the premises by any others. Searches of employee's personal property will take place only in the employee's presence. All searches under this policy will occur with the utmost discretion and consideration of the employees involved. Refusal to cooperate with either Company in any investigation will result in discipline, up to and including immediate discharge.

This drug testing policy is designed to conform with the drug-free workplace program requirements set forth in Section 440.102, Florida Statutes, and Rule 38F-9 of the Department of Labor and Employment Security, Division of Workers' Compensation. Employees, as a condition of employment, are required to abide by this policy.

The Companies will conduct drug tests in the following circumstances:

a. Application for Employment. Job applicants must submit to a drug test as part of the application process. Refusal to submit or a positive confirmed drug test may be used as a basis for refusal to hire the applicant.

I. All applicants who have been offered employment conditioned on successfully passing a drug test will be tested for the presence of drugs as part of the application process.

ii. Applicants will be asked to sign the Consent Agreement. If an applicant refuses, he or she will not be considered for employment and the employment application process will be terminated.

iii. If an applicant's test is confirmed positive, the applicant will not be considered for employment and the employment application process will be terminated.

b. Reasonable Suspicion. Employees may be required to submit to screening if there is a reasonable suspicion that they are using or have used drugs, or otherwise acted in violation of this policy.

c. Routine Fitness for Duty. Employees will be required to submit to drug tests conducted as part of fitness-for-duty medical examinations.

d. Follow-up Testing. Employees who have been determined to have used drugs or alcohol in violation of this policy will be required to submit to unannounced follow-up drug testing.

e. Additional Testing. Additional testing may also be conducted as required by applicable state or federal laws, rules, or regulation, or as deemed necessary by the Companies or their Clients.

Employees who refuse to submit to drug testing or who test positive for drugs will be subject to disciplinary action up to and including immediate discharge and forfeiture of all Workers' Compensation medical and indemnity benefits.

All information received by either Company through the drug testing program is confidential and cannot be used as evidence in any public or private proceedings, except:

a. by consent of the employee tested;

b. if release is compelled by a hearing officer or court;

c. if release is deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding; or

d. The Companies, their agents, and drug test laboratories may have access to drug test information when consulting with legal counsel in connection with actions brought under or related to Florida Statute 440.102 or when the information is relevant to the Company's defense in a civil or administrative matter.

Information on drug test results shall not be released or used in any criminal proceeding against the employee or job applicant.

Applicants and employees can confidentially report to a Medical Review Officer the use of prescription or nonprescription drugs which may affect drug tests by completing a written consent form. In addition, employees are required to notify their supervisor where these drugs may affect their job performance, such as by causing dizziness or drowsiness. It is the employee's responsibility to determine from his or her physician whether a prescribed drug may impair job performance.

Common medications which may affect drug test results are listed on the attached form.

Employees may seek aid for drug or alcohol abuse from the following local employee assistance programs and alcohol and drug rehabilitation programs:

In Broward Broward County Commission on Substance Abuse (954)760-7007

In Dade The Miami Coalition for a Safe

and Drug Free Community (305) 375-8032

In Palm Beach Center for Information and Crisis Services

(561) 547-1000/ 930-1234

Employees or job applicants who receive positive confirmed test results may contest or explain the result to a Medical Review Officer within five 5 working days after receiving written notification of the positive test result. If the explanation is unsatisfactory to the Medical Review Officer, the Medical Review Officer shall report a positive test result to the Companies. Employees or job applicants may contest the drug test results pursuant to rules adopted by the Department of Labor and Employment Security.

Employees or job applicants must notify the laboratory of any administrative or civil action taken pursuant to Section 440.102, Florida Statutes, and Rule 38F-9 of the Department of Labor and Employment Security, Division of Workers' Compensation.

The Companies may test for the following drugs (brand name, common name, and/or chemical name):

1. Alcohol (booze, drink)

2. Amphetamines (Binhetamine, Desoxyn, Dexedrine)

3. Cannabinoids (marijuana, hashish, hash, hash oil, pot, joint, roach spliff, weed, reefer)

4. Cocaine (coke, blow, nose candy, snow, flake crack)

5. Phencyclidine (PCP, angel dust, hog)

6. Hallucinogens

7 Methaqualone

8. Opiates (opium, dover's powder, paregoric, parepectolin)

9. Barbiturates (Phenobarbital, Tuinal, Amytal)

10. Benzodiazepines (Ativan Azene, Clonopin, Dalmane, Diazepam, Halcion, Librium, Paxipam, Restoril, Serax, Tranxene, Valium, Vertron, Xanax)

11. Synthetic Narcotics

12. Designer Drugs

Employees may consult the Medical Review Officer (MRO) or the testing laboratory for technical information regarding prescription and nonprescription medications.

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