Policy
HR-013
ALCOHOL-AND DRUG-FREE WORKPLACE POLICY 1 Objective:
Henry Schein, Inc. is committed to protecting the safety, health, and well-being of all TSMs and other individuals in our workplace; alcohol and drug abuse pose a significant threat to this commitment. The misuse of alcohol and drugs can adversely affect the quality of work, pose serious health risks, and have a negative impact on productivity and morale, and the effects of substance abuse may linger long after the user believes them to have worn off. Therefore, in accordance with the Drug Free Workplace Act of 1988, we have established this alcohol and drugfree workplace policy that balances our respect for individuals with the need to maintain an alcohol- and drug-free environment.
2 Applicability/Scope:
This Policy applies to all U.S. TSMs, temporary workers, and interns at all U.S. divisions and subsidiaries. It also applies to any individual joining the Company as part of an acquisition or joint venture.
3 Policy:
This Policy prohibits a TSM (including, for the purposes of this policy, temporary workers and interns) from reporting to work, entering the workplace, or otherwise engaging in Company business while impaired by illegal drugs, prescription or non-prescription medication, inhalants, or alcohol in violation of this policy. The Policy also prohibits TSMs from engaging in illegal activity involving drugs or alcohol regardless of whether the conduct occurs at work or while working. Violations of this policy will result in disciplinary action, up to and including termination. 3.1 When a TSM takes a prescription or over-the-counter medication at work, or is required to use a device or product for the treatment of a medical condition, the following preventive measures must be observed to protect against accidents and other safety risks. 3.1.1
Printed 7/20/2010
It is the responsibility of the TSM to consult with a physician to determine if the TSM’s medication has side effects that could impair his/her ability to perform job-related duties, including operating machinery or driving a vehicle. This requirement also extends to duties required of the TSM on an infrequent basis. If there are side effects that impair the TSM’s ability to safely perform his/her duties, the TSM must notify his/her supervisor or the Human Resources Department immediately. TSMs may be required to provide written documentation from their physician stating the limitations or duration of the impairment, and any required modifications in their job-related duties.
Page 1 of 9
Policy
HR-013
Every effort will be made to adjust the TSM’s job-related duties until such time as full, effective, and safe work activities can be resumed. If the required adjustment is not possible due to business needs, then the TSM will not be permitted to work, but may access applicable Company benefits, e.g., sick leave, FMLA leave, short-term disability, or Personal Leave of Absence, until such time as he/she can return to work with a written release from a physician stating that a safe return to work is possible. 3.2 The following activities are prohibited while a TSM is on Company premises or otherwise engaged in Company business and may subject a TSM to immediate disciplinary action up to and including termination of employment: 3.2.1 The use, sale, storage, purchase, possession, manufacture, dispensation, distribution, receipt or transportation of any illegal drug, including any associated substances or paraphernalia. 3.2.2 The consumption of alcoholic beverages is prohibited on Company premises. However, if authorized, alcohol may be consumed at Company-sponsored activities or events not held on our premises. If a TSM chooses to consume alcohol at an approved off-site Company-sponsored activity or event, excessive consumption rendering one intoxicated or impaired is expressly prohibited under any circumstances. 3.2.3 Having the detectable presence of alcohol, illegal drugs or substances in one’s system during business hours whether or not consumed outside of working hours. This includes being impaired by abusing lawfully prescribed drugs. An alcohol test showing 0.04 percent or more alcohol in an individual’s system is considered positive and a violation of this policy. 3.3 The following actions, reflect poorly on the individual’s qualifications for employment and to endanger the Company’s reputation for honesty, integrity and safety. A TSM involved in the actions described below may be subject to disciplinary action up to and including termination of employment. 3.3.1 Conviction of a criminal offense related to the use, sale, purchase, possession, manufacture, dispensation, distribution, receipt, or transportation of any controlled substances or illegal drugs. Printed 7/20/2010
Page 2 of 9
Policy
HR-013
3.3.2 Any misconduct involving alcohol, controlled substances and/or illegal drugs, or lawfully prescribed drugs or substances, that, in the opinion of management, endanger the Company’s reputation for honesty, integrity and safety. 3.4 Any TSM who is convicted of violating any federal or state criminal drug statute must notify his or her immediate supervisor and Human Resources within five (5) calendar days of such conviction. A conviction is defined as a finding of guilt, a no-contest plea, and/or an imposition of sentence by any judicial body for any violation of a criminal statute involving the unlawful use, sale, purchase, possession, manufacture, dispensation, or distribution of illegal drugs. Henry Schein will report the conviction to the federal or state contracting entity if the TSM works on a contract subject to a federal or state drug-free workplace law, and will discipline the individual within 30 days of learning of the conviction. This may include termination of any TSM who is convicted of violating any federal or state criminal drug statute while employed by the Company. In addition, failure to report this information will result in disciplinary action up to and including termination of employment. 3.5 TSMs must not operate a vehicle at any time when his/her ability to do so is impaired, affected, or influenced by alcohol, illegal drugs, prescribed or over-the counter medication, illness, fatigue or injury. Any TSM who drives a vehicle (Company-owned or personal) as part of their position with the Company must immediately report any change in their driving status (i.e., suspended license, conditional license) and any alcohol or drug-related driving conviction to his or her immediate supervisor and Human Resources. Violation of the paragraph will result in disciplinary action, up to and including termination of employment. 3.6 The Company reserves the right to conduct searches of all areas in which the Company operates, including but not limited to, its property, Company-owned or leased equipment, or vehicles, lockers, desks, work space and storage facilities. 3.7 Suspected illegal substance(s) or drug paraphernalia confiscated by the Company will be turned over to the appropriate law enforcement agency for additional investigation and handling. The Company will cooperate with law enforcement in any resulting investigation. 3.8 The Company recognizes that alcohol and drug abuse and addiction can be treatable illnesses. We also realize that early intervention and support improve the success of rehabilitation. In many locations, the Company offers a TSM Assistance Plan that is staffed with Printed 7/20/2010
Page 3 of 9
Policy
HR-013
professionals who specialize in providing services to assist individuals with drug and alcohol related problems. If the TSM Assistance Plan is not offered at your work location, please contact your local Human Resources Representative for assistance in finding rehabilitation resources. 3.8.1 If a TSM Assistance Plan is offered at your location, informational brochures regarding the TSM Assistance Plan can be obtained by contacting the Human Resources Department or your supervisor. In addition, you can reach the TSM Assistance Plan, Corporate Counseling Associates, directly at 1-800-833-8707. 3.8.2 All services rendered through the TSM Assistance Plan are confidential and no information related to the TSM’s contact with and/or services from the TSM Assistance Plan are reported back to the Company unless initiated by management through the Management Referral Program. For TSMs participating pursuant to the Management Referral Program, the TSM Assistance Plan will confidentially report to the Human Resources Department the progress and cooperation of the TSM relative to the progress in any prescribed education or treatment program. The TSM must adhere to all ongoing and follow-up stipulations from the TSM Assistance Plan and must remain drug free and in compliance with this Policy as a condition of continued employment, and must meet performance standards and other work rules. 3.8.3 In the interest of safety, the Company may transfer or suspend a TSM who is seeking assistance with alcohol or drug-related concerns so that he or she will not perform safety-sensitive work. The Company may also restrict the individual’s use of a Company vehicle. 3.9 The Company reserves the right to require a TSM to submit to a test for illegal drugs and/or alcohol immediately after an on-the-job accident leading to an injury (of any person) requiring off-site medical attention or causing significant property damage if the TSM’s acts, or failure to act, appear to have caused or contributed to the accident. In addition, a reasonable suspicion test may be required when a TSM is in possession or control of suspected drugs or substances or paraphernalia prohibited by this policy, or exhibits a physical appearance, smell, or symptoms which may indicate drug or alcohol use in violation of this Policy. Individuals who are asked to submit to a reasonable suspicion or post-accident test will be provided with transportation to and from the test location. TSMs may also be subject to return-to-work and follow-up testing Printed 7/20/2010
Page 4 of 9
Policy
HR-013
following the completion of an approved Assistance Plan. 3.10 Henry Schein may also require individuals who work in safety- or security-sensitive roles, or whose jobs require them to have access to narcotics, to submit to unannounced suspicionless drug tests. Individuals subject to such tests will be so notified at the time they apply for a covered position, when they are transferred to such a position, or at such time as their position becomes subject to suspicionless testing requirements.
4
Testing Procedures:
Henry Schein’s drug and alcohol tests are conducted under circumstances designed to ensure the accuracy and integrity of the testing process. The Company may test for amphetamines (including methamphetamine and MDMA), barbiturates (sleep aids), benzodiazepines (Xanax, Valium), cocaine (including “crack” cocaine), marijuana (THC, hemp), methadone, opiates (including codeine, heroin, oxycodone, oxymorphone, hydrocodone and morphine, hydromorphone), phencyclidine (PCP) and propoxyphene, as well as alcohol, as described below. Consent: No sample will be collected, or test conducted on any sample, without the consent of the person being tested. However, a refusal to submit to a test when asked will be viewed as insubordination and will subject the individual to termination. The Company will pay the costs of all drug and/or alcohol tests it requires of TSMs. Transportation: Private transportation paid for by the Company will be provided for persons being tested. TSMs are prohibited from driving persons being tested to the testing facility and/or the person being tested’s home. Collection and Chain-of-Custody: Persons being tested will be asked to provide a test sample to the collection site person. Procedures for the collection of specimens will allow for reasonable individual privacy. Drug test specimens may include urine, oral fluids, or hair, at the Company’s discretion. The collection site person and the person being tested will follow chain-of-custody procedures for specimens at all times. 4.1 Testing Methods Tests will seek only information about the presence of drugs and alcohol (or their metabolites) in an individual’s specimen, and will not test for any medical condition. Individuals tested for reasonable suspicion and following an accident will not be permitted to return to
Printed 7/20/2010
Page 5 of 9
Policy
HR-013
work until they receive negative test results. 4.1.1 Drug Tests: All drug test samples will be screened using an immunoassay technique and all presumptive positive drug tests will be confirmed using gas chromatography/mass spectrometry (GC/MS). This method is extraordinarily accurate. Additional tests to assist in validating the sample (i.e., to determine the presence of adulterants, masking agents, dilution, etc.) may be conducted. All drug tests will be performed by a laboratory certified by the U.S. Department of Health and Human Services for the type of test performed. 4.1.2 Alcohol Tests: Breath and/or saliva tests ordinarily will be used to detect the presence of alcohol. All initial positive tests will be confirmed by a second test that is typically performed and confirmed at the collection location. 4.1.3 Notification and Medical Review: Any individual who tests positive for drugs will be so notified by a Medical Review Officer (MRO) (a medical professional with an expertise in toxicology) and given an opportunity to explain in confidence any legitimate reasons he or she may have that would explain the positive drug test (such as, for example, evidence that the individual holds a prescription for the substance detected). The MRO may also review suspected adulterated, substituted, and dilute specimens and make determinations about their validity. If the individual provides an explanation acceptable to the MRO that the positive drug test result is due to factors other than the consumption of illegal drugs, the MRO will order the positive test result to be disregarded and will report the test as negative. Otherwise, the MRO will verify the test as positive. Individuals may request or will be provided with a copy of their own nonnegative test results. An individual who tests positive for drugs may ask the MRO to have his or her urine sample sent to an independent certified laboratory for a second confirmatory test, at the individual’s expense, and provided that the request is made within seven business days of the date the MRO informed the individual of the positive test result. Henry Schein may suspend, transfer, or take other appropriate employment action against the employee pending the results of any such re-test. If the re-test is negative, the individual will be reimbursed for the cost of the test and reinstated to his or her position. 4.1.4 Confidentiality: All records relating to positive test results, drug and alcohol dependencies, and medical information revealed to Printed 7/20/2010
Page 6 of 9
Policy
HR-013
the Company and/or its MRO shall be kept confidential, and disseminated within Henry Schein and to its agents charged with implementing this Policy only on a need-to-know basis. Any records in the Company’s possession will be kept in secure files separate from personnel files. Test results will not be released outside the Company without the written consent of the tested individual, except when related to an administrative proceeding or court claim brought on the individual’s behalf, or as otherwise may be required by law or legal process. 4.1.5 Refusing a Test: An individual’s refusal to submit to drug and/or alcohol testing will be considered insubordination, and ordinarily will result in termination of employment. Attempts to tamper with, substitute, adulterate, dilute or otherwise falsify a test sample or to disrupt the testing process are considered refusals to submit to a test, as is a failure to appear at the testing location promptly after being asked to submit to a test, to remain available after being notified to submit to a test, or to remain at the collection and testing location through the completion of the collection and/or testing process.
5 Drug-free Policy Awareness Program:
In order to maintain a drug free workplace, and to comply with federal and state drug-free workplace act requirements, the Company has established this policy. The purpose of this program is to educate TSMs about the Company’s Alcohol and Drug Free Workplace Policy, the dangers of drug/alcohol abuse in the workplace, the availability of services such as the TSM Assistance Program, and the penalties imposed for violation of this Policy. This awareness program includes, but is not limited to, the following activities: 5.1 Distribution of the Company’s written Drug Free Workplace Policy to all TSMs. 5.2 Review of the Policy in orientation sessions with new TSMs. 5.3 Education about the dangers of alcohol and drug use and the availability of help for TSMs.
6
Definitions: 6.1 For purposes of this Policy, illegal drugs, prescription drugs and over-the-counter medications and related substances or paraphernalia are defined as, but not limited to: 6.1.1 Illegal drugs including those substances identified in
Printed 7/20/2010
Page 7 of 9
Policy
HR-013
the federal Controlled Substances Act, or any other, or any other substances capable of creating or maintaining adverse effects on one’s physical, emotional, or mental state not prescribed for current personal treatment by a state licensed physician to address a specific medical condition. 6.2 The illegal, unauthorized or abusive use of prescription drugs is a violation of this Policy. 6.3 Please note that although some state laws have decriminalized the use of marijuana for medical reasons, such use remains unlawful as a matter of federal law and is a violation of this Policy. 6.4 Over-the-counter medications include those medications or substances that can be legally purchased without being prescribed by a physician or authorized health care provider. 6..5 Paraphernalia includes but is not limited to syringes, inhalant devices or any other product that is purchased or made for the purpose of injecting, ingesting, inhaling or absorbing prescribed or prohibited substances.
7 Compliance with Law
This Policy, including the drug and alcohol testing provisions, will be implemented in a manner which complies with all federal, state, and local laws. If the terms of this Policy differ from applicable law, the Policy will be applied in a manner that complies with the law.
8
N/A
Links/References
9 General Information 6.1 Policy Owner:
Lorelei McGlynn, Sr. Vice President, Global Human Resources & Financial Operations
6.2 Policy Contact:
Joanne Gianninoto, Manager, Human Resources
6.3 Published Date: 1
1/25/2005
6.4 Required Adoption Date: 2
1/25/2005
1
Published Date – The original published date the policy was approved by Senior Company Management Required Adoption Date – Date by which all subsidiaries of Henry Schein, Inc. need to comply with the policy 3 Date Last Revised – Last date policy was updated 2
Printed 7/20/2010
Page 8 of 9
Policy
HR-013
6.5 Date Last Revised: 3
04/08/2015
6.6 Approved By:
Gerry Benjamin, Executive Vice President & Chief Administrative Officer
Revision History Date of Revision
Revision Recap
03/05/08 04/24/09 05/06/09 07/22/09 09/15/09 11/13/2013
Date policy was last reviewed for revisions/updates Policy owner has been updated Policy approver has been updated Policy contact has been updated Policy owner has been updated Updated: Objective, Applicability/Scope, Policy Owner title, the policy in its entirety
04/08/15
Printed 7/20/2010
Requires Site Re-Confirmation? (Y/N) N N N N N Y
N
Page 9 of 9
