Alcohol and Drug Policy Effective November 1, 2023
Alcohol and drug abuse rank as one of the major health problems in the United States. Our Associates are our most valuable resource, and their safety and health are of paramount concern to us. We are committed to providing a safe working environment to protect our Associates and others, to providing the highest level of service, and to minimizing the risk of accidents and injuries. The intent of the following policy is to prevent the hiring and/or continued employment of individuals who are current users of illegal drugs and to prevent individuals who currently abuse alcohol from posing a threat of serious harm to themselves or others, or from causing damage to property.
Dealership Associates must deliver services in a safe and conscientious manner, which includes being free from the influence of controlled substances and alcohol. Research and experience show that even small amounts of drugs and alcohol can impair judgment and reflexes, posing risks in the workplace. H+H is committed to a safe and efficient work environment and requires its Associates to adhere to these standards. Associates are screened for drug use using a saliva-based test, which checks for the presence of drugs and the recency of use.
H+H may use and disclose the results of any test for drugs or alcohol for any purpose and in any manner not prohibited by the law of the state in which the Associate has his or her primary work location and in which the Associate is working at the time the testing is directed or requested by H+H.
All Associates are prohibited from manufacturing, cultivating, distributing, dispensing, possessing, or using illegal drugs or other controlled or mind-altering or intoxicating substances while on Dealership property (including parking areas and grounds) or while otherwise performing work duties away from Dealership property. Included within this prohibition are lawfully controlled substances that have been illegally or improperly obtained. This Policy does not prohibit the possession and proper use of lawfully prescribed drugs taken in accordance with the prescription.
Associates are also prohibited from being under the influence of any illegal drug or unauthorized controlled substance while at work, and from having any prescription medication in excess of the medically prescribed amount in their systems while at work.
This Policy does not prohibit the authorized dispensation, distribution, or possession of legal drugs where such activity is a necessary part of an Associate's assigned duties.
All Associates are prohibited from distributing, dispensing, possessing, or using alcohol while at work or on duty, as well as from having alcohol in their systems while at work or on duty. An Associate shall be considered in violation of this Policy if the alcohol concentration in his or her system is more than .04 grams of alcohol per two hundred ten liters of breath, or its equivalent.
The proper use of medication prescribed by your physician (or another authorized and licensed health care provider) is not prohibited by this Policy; however, H+H does prohibit the misuse or abuse of prescribed medication. An Associate’s drug use may affect his/her job performance, such as by causing dizziness, slowed reaction time, or drowsiness. It is your responsibility to determine from your physician, pharmacist, or other health care provider whether your use of a prescribed drug may impair your job performance and to discuss any potential impairment with your supervisor.
Associates can report the use of any prescription or nonprescription drug(s) that may affect drug tests by completing a written consent form.
Notification of Impairment
An Associate who observes or has knowledge that another Associate:
- is in a condition that impairs or may impair the other Associate’s performance of his/her job duties, or
- is in a condition that may present a hazard to the safety, security, or welfare of the other Associate, or of other individuals, or of any property, or
- is otherwise in violation of this Policy, is responsible for and must promptly report that fact to his/her immediate Supervisor.
Who is Tested?
H+H conducts drug tests in the following circumstances:
a. Application for Employment (Prospective Associates). Compliance with this Policy is considered a condition of employment. Refusal to submit to testing or a positive confirmed drug test result may be used as a basis for refusal to hire the applicant. If a sample provided is considered invalid due to use of food, drink, gum and tobacco product usage, the prospective Associate will be allowed to provide another sample. This will be a one-time retest due to invalidation. H+H reserves the right not to hire a prospective Associate who tests positive in a confirmed drug or alcohol test, but action taken against the prospective Associate will be based only on the results of the drug or alcohol test.
b. Reasonable Suspicion. An Associate may be required to submit to drug/alcohol screening whenever Dealership Supervisors or Managers have a reasonable suspicion that the Associate has violated any of the rules set forth in this Policy. Reasonable suspicion may arise from, among other factors, supervisory observation, co-worker reports or complaints, traffic incidents on or off premises involving a company or customer vehicle, incidents involving physical impact to one’s body and/or or another person’s body or body parts, performance decline, attendance or behavioral change, results of drug searches or other detection methods, or involvement in a workplace or work hours accident indicating a possible error in judgment, unexplained inadequate reaction, or negligence. More specifically, “reasonable suspicion drug or alcohol testing” means drug or alcohol testing based upon evidence that an Associate is using or has used alcohol or other drugs in violation of this Policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. For purposes of this paragraph, facts and inferences may be based upon, but not limited to, any of the following:
- (1) Observable phenomena while at work such as direct observation of alcohol or drug use or abuse or of the physical symptoms or manifestations of being impaired due to alcohol or other drug use;
- (2) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance;
- (3) A report of alcohol or other drug use provided by a reliable and credible source;
- (4) Evidence that an Associate has tampered with any drug or alcohol test during the Associate’s employment with H+H;
- (5) Evidence that an Associate has manufactured, sold, distributed, solicited, possessed, used, or transported drugs while working or while on Dealership premises or while operating any Dealership or customer vehicle, machinery, or equipment.
c. On an Unannounced Random Basis or Periodic Basis. This refers to testing without individualized suspicion for the purposes of detecting drugs or alcohol and which is conducted on a periodic basis without advance notice of the test (prior to the day of testing) to Associates who are subject to testing. The selection of Associates to be tested from the pool of Associates subject to testing shall be done based on a neutral and objective selection process by an entity independent from H+H and shall be made by a computer-based random number generator that is matched with Associates’ social security numbers, payroll identification numbers, or other comparable identifying numbers in which each member of the Associate population subject to testing has an equal chance of selection for initial testing, regardless of whether the Associate has been selected or tested previously. The random selection process shall be conducted through a computer program that records each selection attempt by date, time, and Associate number.
H+H may conduct unannounced random drug or alcohol testing of Associates who are selected from any of the following pools of Associates:
- (1) The entire Associate population at a particular work site of H+H except for Associates who are not scheduled to be at work at the time the testing is conducted because of the status of the Associates or who have been excused from work pursuant to dealership work policy prior to the time the testing is announced to Associates.
- (2) The entire full-time active Associate population at a particular work site except for Associates who are not scheduled to be at work at the time the testing is to be conducted because of the status of the Associate or who have been excused from work pursuant to dealership work policy.
- (3) All Associates at a particular work site who are in a pool of Associates in a safety-sensitive position and who are scheduled to be at work at the time testing is conducted, other than Associates who are not scheduled to be at work at the time the testing is to be conducted or who have been excused from work pursuant to dealership work policy prior to the time the testing is announced to Associates.
d. During, and after completion of, drug or alcohol rehabilitation. An Associate may be required to submit to a drug and/or alcohol test to verify fitness for duty during or when the Associate completes drug or alcohol rehabilitation.
a. On receipt of a confirmed positive test result for drugs or alcohol which indicates a violation of this Policy, or upon the refusal of an Associate or prospective Associate to provide a testing sample, H+H may use that test result or test refusal as a basis for disciplinary and/or rehabilitative actions pursuant to this Policy, which may include, among other actions, the following:
- (1) A requirement that a current Associate enroll in an H+H-provided or approved rehabilitation, treatment, or counseling program, which may include additional drug or alcohol testing, participation in and successful completion of which may be a condition of continued employment, and the costs of which may or may not be covered by H+H’s health plan or policies.
- (2) Suspension of a current Associate, with or without pay, for a designated period of time.
- (3) Termination of employment of a current Associate.
- (4) Refusal to hire a prospective Associate.
- (5) Other adverse employment action in conformance with H+H’s written policy and procedures.
The disciplinary and/or rehabilitative actions to be taken in each particular situation will depend upon the assessment of dealership management of the seriousness of all the facts and circumstances.
b. Following a drug or alcohol test, but prior to receipt of the final results of the drug or alcohol test, H+H may suspend a current Associate, with or without pay, pending the outcome of the test. If the result of such test is not a confirmed positive test result for drugs or alcohol which indicates a violation of this Policy, an Associate who has been so suspended shall be reinstated by H+H, with any lost back pay (and with interest on such amount, if applicable and if such interest is required by applicable state law).
In order to enforce these policies and procedures, H+H may investigate potential violations and require personnel to undergo drug/alcohol screening, including saliva testing, blood test (to the extent allowed by applicable law), or other appropriate tests, and where appropriate, may search any area of H+H's physical premises, including, but not limited to work areas, personal articles of Associates, Associates' clothes, desks, work stations, and lockers, personal and company vehicles, purses, briefcases, tool boxes, and any other personal belongings brought onto Dealership property. Associates will be subject to discipline up to and including termination of employment for refusing to cooperate with searches or investigations, for refusing to submit to screening on request of H+H, or for failing to execute consent forms when requested to do so by a supervisor or Manager.
When a supervisor has reasonable suspicion that an Associate has violated H+H’s Alcohol and Drug Policy, the Manager or Supervisor or his/her designee may inspect or search any area of H+H's physical premises, including but not limited to, work areas, personal articles, Associates' clothes, desks, work stations, lockers, personal and company vehicles, purses, briefcases, tool boxes and other locations or belongings, without prior notice, in order to ensure a work environment free of prohibited substances. An Associate may be asked to be present and to remove a personal lock. Associates are hereby notified that locked areas or containers do not prevent or prohibit a search by H+H, and Associates have no expectation of privacy in any place or within any article or vehicle that is on or brought upon H+H premises.
Where the Associate is not present or refuses to remove a personal lock, H+H may do so for him or her and will compensate the Associate for the lock. Any search will be coordinated with a representative of management. H+H also may implement unannounced drug detection methods.
H+H recognizes that alcohol and drug abuse and addiction are treatable illnesses. H+H is establishing an awareness program to inform Associates of the dangers of drug and alcohol use in the workplace. H+H expects Associates who suspect they may have an alcohol or drug problem to seek treatment. H+H offers all Associates and their family members assistance with alcohol and drug problems through H+H’s Employee Assistance Program (EAP). However, it is the responsibility of the Associate to seek and accept assistance before drug or alcohol problems lead to disciplinary action, which may include termination of employment. Failure to enter, remain and participate in, or successfully complete a prescribed treatment program may result in termination of employment. Confidentiality of records, test results and information will be maintained in accordance with applicable local, state, and federal laws, except as otherwise provided in such laws.
Entrance into a treatment program does not relieve an Associate of the obligation to satisfy H+H's standards regarding an Associate's work performance and participation in a treatment program will not prevent H+H from administering discipline for violation of H+H policies or relieve the Associate of his/her responsibility to perform his/her job in a satisfactory, safe and efficient manner.
The Associate benefit plan may cover treatment for alcohol abuse and/or drug use. However, the Associate ultimately has the responsibility to pay for any treatment, except as may be otherwise required by applicable state law.
All saliva drug tests will utilize an initial immunoassay methodology or an equivalent. All initially positive test results shall be confirmed by a licensed laboratory using mass spectrometry (GC/MS) or another approved and comparably reliable analytical method.
What Happens When a Current Associate Tests Positive for Prohibited Substances?
a. If a confirmed positive test result for drugs or alcohol for a current Associate is reported to H+H by the medical review officer, H+H shall notify the Associate of the results of the test, the Associate’s right to request and obtain a confirmatory test of the second sample collected at an approved laboratory of the Associate’s choice, and the exact amount of the fee payable by the Associate to H+H for reimbursement of expenses concerning the test (which shall be consistent with H+H’s cost for conducting the initial confirmatory test).
In Nebraska, all specimens that result in a finding of drugs or alcohol (other than breath test specimens) must be refrigerated and preserved in a sufficient quantity for retesting for a period of at least 180 days.
If the current Associate, in person or by certified mail, return receipt requested, requests a second confirmatory test, identifies an approved laboratory to conduct the test, and pays H+H the fee for the test within seven days from the date H+H mails, by certified mail, return receipt requested, the written notice to the Associate of the Associate’s right to request a second test, a second confirmatory test shall be conducted at the laboratory chosen by the Associate.
The results of any second confirmatory test shall be reported to the medical review officer who reviewed the initial confirmatory test results, and the medical review officer shall review the results and issue a report to H+H on whether the results of the second confirmatory test confirmed the initial confirmatory test as to the presence of the specific drug or alcohol. If the results of the second test do not confirm the results of the initial confirmatory test, H+H shall reimburse the Associate for the fee paid by the Associate for the second test and the initial confirmatory test shall not be considered a confirmed positive test result for drugs or alcohol for purposes of taking disciplinary action.
A current Associate who is the subject of a drug or alcohol test and for whom a confirmed positive test result is reported shall, upon written request, have access to any records relating to the Associate’s drug or alcohol test, including records of the laboratory where the testing was conducted and any records relating to the results of any relevant certification or review by a medical review officer.
All Associates who test positive in a confirmed drug or alcohol test will be subject to discipline up to and including termination of employment, but action taken against an Associate will be based only on the results of the drug or alcohol test.
Alcohol and Drug Policy Effective November 1, 2023
b. If an Associate is not immediately terminated from employment for testing positive or for otherwise violating this Policy, H+H, in its sole discretion, may allow the Associate to return to work subject to the Associate executing an agreement acknowledging:
- (1) That the Associate tested positive or otherwise violated the Policy; and,
- (2) That in exchange for H+H not terminating the Associate for this instance of testing positive or for otherwise violating this Policy, the Associate agrees to enroll and participate in rehabilitation, treatment, counseling or other activities prescribed by the H+H’s coordinating physician, in conjunction with H+H management, to undergo periodic unannounced screening for a set period of time, and to be subject to termination for any future violation of this Policy.
If H+H requires rehabilitation, treatment, counseling, or such other activities pursuant to subsection 14.b. above, H+H will not take adverse employment action against the Associate so long as the Associate complies with the requirements of rehabilitation, treatment, counseling, or such other activities and successfully completes the rehabilitation, treatment, counseling, or such other activities.
Returning/Continuing To Work
Associates who test positive, admit to drug or alcohol use or related misconduct, or voluntarily seek assistance, and are not terminated, will not be allowed to return to work or continue working until they have been evaluated by an H+H-selected physician to determine if they can safely return to work.
Supervisory personnel of H+H involved with drug or alcohol testing of Associates shall attend initial training and attend, on an annual basis thereafter, a minimum of one hour of subsequent training. The training shall include, but not be limited to, information concerning the recognition of evidence of Associate alcohol and other drug abuse, the documentation and corroboration of Associate alcohol and other drug abuse, and the referral of Associates who abuse alcohol or other drugs to the EAP.