Employee Handbook Everything (well, almost) you need to know, in 10 pages - LAZER SPOT, INC.
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Confirmation of Receipt I have received this handbook, and because it is so short and interesting, I actually read it. If I have any questions about it, I’ll ask my Manager or the HR Team. (INITIAL THIS_______) Because I read this handbook, I know that it is not a contract, and I am at-will employee. (INITIAL THIS_______) I read the Anti-Harassment Policy, and I get it! I will not say dumb things or show dumb images or do anything else that makes another person feel singled out because of his or her race, religion, gender, disability, or any other protected category. When in doubt, I will not do the potentially dumb thing. Especially if a person has complained that he or she doesn’t like my joke or action, I will stop doing that thing. (INITIAL THIS_______) I will not talk about sex or make racial jokes at work. Duh. There’s more to it than that, but I get the drift. I will report anybody who does things that don’t seem like they jive with this handbook. (INITIAL THIS_______) I understand the Problem Solving Procedure: Manager first, REMA second, VPOPS third, then HR. If I think I need to, I can skip any step in this process and call 678-771-2600 and ask for an HR team member. I can even call the hotline at 866-318-7450 and be all anonymous if I want to. But I agree I won’t just keep my work concerns to myself and let them fester. (INITIAL THIS_______) I understand that if I was hired as a driver, additional rules and regulations apply to me. They are found at the end of this handbook and in the Federal Motor Carrier Safety Regulations. I will follow those. (INITIAL THIS_______) I have received a copy of What Drivers Need To Know About DOT Drug & Alcohol Testing . (INITIAL THIS_______) Employee's Signature______________________________________________ Employee's Printed Name __________________________________________ Date ____________________________
TABLE OF CONTENTS SECTION 1: Glad you’re here! SECTION 2: Employment Policies (How We Do the Right Thing) 2.1 Equal Opportunity-.Anti-Discrimination Policy 2.2 Problem-Solving Procedure 2.3 Work Schedules 2.4 Updating Your Info 2.5 Discipline 2.6 Performance Reviews 2.7 Illness and Injuries SECTION 3: Standards of Conduct (How You Do the Right Thing) 3.1 Attendance/Punctuality 3.2 Customer Service 3.3 Outside Employment 3.4 Workplace Violence 3.5 Visitors in the Workplace 3.6 Social Media 3.7 Use of Gadgets 3.8 Substance Abuse 3.9 Smoking 3.10 Dress Policy 3.11 Audio/Video Recordings 3.12 Employee Property 3.13 Housekeeping 3.14 Solicitation/Distribution 3.15 Cellphone Use While Driving 3.16 Prohibited Conduct SECTION 4: Employee Status 4.1 Exempt v. Non-Exempt 4.2 Full-Time v. Part-Time 4.3 Job Descriptions SECTION 5: Wage Payment Policies (Show Me the Money!) 5.1 Method of Payment 5.2 Time keeping 5.3 Loans or Advances 5.4 Wage or Salary Increases 5.5 Meal and Rest Breaks 5.6 Payment of Vacation at Termination SECTION 6: Benefits 6.1 Insurance 6.2 401(k) 6.3 Bereavement Pay 6.4 Vacation 6.5 FMLA 6.6 Holidays 6.7 Personal Days 6.8 Civic Duties Page 1
SECTION 1: GLAD YOU’RE HERE! Welcome! As an employee of Lazer Spot, Inc. (the "Company"), you are an important member of a team effort. We hope you’ll enjoy working here. Most employee handbooks are kind of a drag. They go on and on in legalese, and nobody wants to read them – not even the people who write them. Ours is short and sweet, and we hope you’ll take a few minutes to get the skinny on how we do things around here. This handbook isn’t a contract; it’s just some guidelines for keeping us all on the same page. We don’t want to be all negative, so just know this: we want you to use good judgment. Whenever you read in this handbook that something is a bad thing, assume you might get fired for doing that thing. (Now we don’t have to repeat it every time. That would be very negative.) We hope you’ll be with us for a long time! We hope we’ll know you so well we can guess what kind of cake you want at your retirement party! But sometimes things don’t work out, so you should know that you work for Lazer Spot on an at-will basis. That means we don’t need a reason to let you go, and you don’t need a reason to quit. Only the CEO can change this rule, so get him to send you a contract if you’ve got a different deal. (This almost never happens.) If we need to part company, we hope we can still be friends. We’ve had lots of folks leave the company and come back when circumstances have changed, so let’s treat each other with respect and leave the door open where we can. SECTION 2: EMPLOYMENT POLICIES 2.1 Equal Opportunity/Anti-Discrimination Policy Lazer Spot is an equal opportunity employer. We hire the best person for the job, and make all our decisions based on merit. We won’t allow you to be discriminated against, and we won’t allow you to discriminate against other people – including co-workers, vendors, and customers. Discrimination includes harassment, so every time you see the word “discrimination” here, think “and/or harassment.” Basically, don’t be a jerk. Don’t say things that single people out, don’t show them things they don’t want to see, don’t touch them in unwelcome ways, and don’t do things that seem threatening or creepy or sketchy. Remember that things that seem funny to you may not seem funny to other people, so err on the side of being professional. Don’t treat people differently because of their race, national origin, sex, age, disability, military, or other legally protected status. Just treat people like people, and everything should be fine. If someone treats you differently because of your protected status, your job is to let us know. Our job is to promptly check it out, and if your concerns are legit, make that behavior stop. Any time you see someone treating another person differently because of his or her protected status, go straight to the Problem Solving section (next) and figure out who to call. We’ll take it from there. We won’t retaliate against you for filing a complaint or participating in an investigation. We’ll try to keep sensitive information confidential, but because we’re following the law, sometimes we’ll have to disclose things you might have preferred to keep quiet. If you feel your complaint wasn’t resolved, or that someone has retaliated against you, please contact your Manager, your REMA, your VPOPS, or the HR Page 2
Team to talk about it. They want to hear from you. If you’re qualified, but you need an accommodation due to physical or mental limitations, or you need an accommodation for your religious practices, let us know. You have to be able to perform the essential functions of the job, but let your Manager or the HR team know what accommodation you think might work. We won’t retaliate against you for asking. 2.2 Problem-Solving Procedure First, a little Who’s Who: • Your Site or Area Manager – You should know this person. He or she probably hired you and sets your schedule. Get on good terms with Your Manager. If you are a responsible, reliable, pleasant person, y’all should be fine. • Your Regional Manager (REMA) – But just in case you and your Manager are ever not fine, feel free to reach out to your REMA. There are ten of them, and we hope you’ll meet yours pretty soon after joining the team. • Your VP of Operations (VPOPS) – The VPOPS have a lot going on! So don’t call them to ask for the day off – that’s what your Manager is for. But if you’ve got a problem your Manager or REMA don’t seem to be able to solve, call your VPOPS. If your Manager or REMA is the problem, definitely call your VPOPS. • The HR Team – The HR team helped get you here! They recruited you, got you set up in payroll (yay!), and keep track of all the documents the government requires us to hav e on file for you. They’re also great at helping solve problems, so pick up the phone and call them at 678-771-2600. If they can’t help you, they’ll be able to find someone who will. The HR Team is the place to go for all kinds of things: discrimination complaints, leave requests, and questions about anything in this handbook. You don’t have to contact people in this order, although we think it’s helpful to try to work things out with the folks you work with most often. And if these people don’t solve your problem, or you think they are the problem, call our hotline: 866-318-7450. It’s run by an outside company, so you can be anonymous if you choose. Just don’t complain to customers! We’re here to solve our customers’ problems, not vice versa. Bring your concerns to the people listed here, and we’ll get it sorted out. 2.3 Work Schedules You’ll have a primary site, which is part of a group of sites within a 100-mile radius called a pod. You may be required to work at other sites in the pod – either temporarily or permanently - to meet customer needs. Your manager will try to set a schedule that works for you, but there is a 99% chance you will have to work at other times, including weekends and holidays. We’ll try to spread the pain and give everybody a chance to work those “extra” hours. But be aware that the assigned hours are not “outside of your schedule.” Once a manager has assigned them to you, those hours are your schedule. Miss your assigned shift, and you will be subject to discipline. 2.4 Updating Your Info Let us know where you live. If you’re a driver, let the state that issues your license know where you live, so if there’s a problem with it, you’ll get the notice. Keep us updated on who to call in case of an emergency, and what your new phone number is, and the fact that you just got married or had a baby. We need to know for your tax calculations, benefits eligibility, and other reasons, so keep us in the know. Page 3
2.5 Discipline Lazer Spot has a system of progressive discipline that may include verbal warnings, written warnings, and suspension. As a general rule, three write-ups in a year will get you fired. The system is not formal, and the Company may use whatever form of discipline is deemed appropriate under the circumstances, including immediate discharge. This policy in no way alters the at-will employment relationship. 2.6 Performance Reviews You’ll get an evaluation when you’ve been here for six months, and after that, an evaluation every year. An evaluation tells you how you’ve been doing. It doesn’t necessarily mean you get a raise. You get a chance to evaluate Lazer Spot, too. On your evaluation form, there’s space for you to write what you think about the company, our policies and procedures, and your manager. Give it to your manager, or mail it to 6525 Shiloh Road, Suite 900, Alpharetta, GA 30005. 2.7 Illness and Injuries If you are sick or injured, immediately report it to your Manager or Lead. It’s your job to take care of yourself, including making sure you get enough rest and are prepared for work each day. But if you’re fatigued or sick or hurt – especially if you’re taking medication – let a Manager know before you drive. If it’s work-related, it will be covered by workers' compensation insurance. When you report a work-related illness or injury, you will be sent for medical treatment, if treatment is necessary. Any further medical treatment will be under the direction of the health care provider. Please work closely with your Manager and the Work Comp Coordinator (678-771-2600) to plan treatment, including which doctors are available for your treatment. Work comp programs are governed by state law, and there may be specific rules in your state that must be followed. You’ll be able to work light duty if your health care provider allows it. SECTION 3: Standards of Conduct 3.1 Attendance/Punctuality Be on time. Some managers think one minute late is too late; some managers will give you the benefit of the doubt on five – every once in a while. But to be on the safe side, just be on time. If you’re going to be absent or late, call in at least four hours in advance. Call, don’t text. If you’re going to be out unexpectedly, you’d better have a good excuse. “It’s the first day of deer season” is not a good excuse. Nor is, “It’s Black Friday and I need to go snag some deals!” Oh, and you don’t just have to come to work on time. You have to stay the whole day. Don’t leave without letting a Manager or a Lead know. If you don’t show up and don’t call for two days, we’ll assume you quit. 3.2 Customer Service Customers pay our bills! So be polite, even if they aren’t. If a customer is rude or makes an unreasonable request, contact your Manager or a Lead to deal with it. Don’t argue with the customer, just discreetly call someone else to handle the situation. Page 4
Never ignore a customer. If they’re asking for something you don’t think you can do, reach out to your Manager or a Lead. Take a breath, do the best you can, and remain professional. Same goes for vendors, other companies’ drivers, and other contractors. If they do something that gets on your nerves, politely remove yourself from the chaos and call a Manager or Lead. 3.3 Outside Employment If you work somewhere else in addition to Lazer Spot, please make sure it doesn’t interfere with your work here. You need your rest, and you need to be available to work the schedule your manager assigns. If you’re a driver, please remember you have to track your hours of service in accordance with FMCSA regs. See your manager for a reporting form. 3.4 Workplace Violence This is no joke. The Company has zero tolerance for violence and threats of violence. Do not under any circumstances carry a weapon on work premises. Don’t even kid about this stuff, because that will get you fired, too. 3.5 Visitors in the Workplace No can do. The workplace is for work. See your peeps after work. 3.6 Social Media We cut about 20 pages out of the handbook because we think you have good sense. Posting racial slurs, slanderous remarks, or sexually explicit images shows a lack of good sense, particularly if people connect you to Lazer Spot. Be aware that if you post something that reflects badly on the company or its customers, you are risking the company’s reputation. We’re going to try very hard not to make you look bad in public. Please return the favor. Okay, that part was about your own time. On customer time (which is any time you are clocked in at work), just don’t use social media. Really, if you were paying someone to do something for you, wouldn’t you want them to look alive and be on task? Don’t Tweet, Facetime, Gram, or do anything else that wastes the customer’s time. It’s fine to send a quick e-mail or make a Facebook post during a break or lunch time, but be smart about it. 3.7 Use of Gadgets If the company issues you a gadget, or has you use equipment attached to a gadget, it does not belong to you. But you should take care of it just like it does. Please help us make sure that systems (including Geotab, YMS, Skybitz or other devices) stay enabled and in working order; if you find an electronic system that’s not doing its job, please let your Manager or Lead know. Don’t download software, don’t violate copyright law, and don’t share Lazer Spot’s or its customer’s confidential information. It goes without saying that you should never use company- or customer-owned assets to do dumb things like look at porn or send nasty messages, right? You may be issued a company phone, Toughpad, or other device. There may be a cost for data usage, so don’t use them for any personal reasons, even the non-nasty ones. These devices are not yours, which means our IT people can peek over your electronic shoulder at any Page 5
time. You have ZERO expectation of privacy when using Lazer Spot equipment, so assume all your e- mail, texts, Internet history, etc. can be seen by your boss – because they can. Make sure you leave this stuff on-site. Don’t take it home, because it’s not yours. 3.8 Substance Abuse You may not have illegal drugs or alcohol on Lazer Spot or customer property or in Lazer Spot or customer vehicles. Don’t show up for work hungover. Even if you aren’t legally under the influence, reporting for work red- eyed or smelling like a brewery is bad form. If you need to take prescription or other legal drugs, check with your health care provider to make sure it’s safe for you to take them while you work. And if you have to keep them at work, keep them in the original bottle with the original label. If you are a driver, see the Driver Section at the end of this handbook, and know that you are expected to comply with the FMCSRs. 3.9 Smoking Most of our customers prohibit smoking on site. Check with your Manager to see what the policy is where you work. 3.10 Dress Policy If you look in the mirror and your first thought is, “You look hot!,” consider the possibility that your outfit is not work appropriate. If it’s torn, tight, or low-cut, save it for your off-duty hours. Your clothing should generally not make any statement other than, “I am a professional employee showing up for work.” It definitely should not say anything derogatory or offensive. Y’all know you work around heavy equipment, so don’t show up wearing flip-flops. We have a shoe program; see your manager about getting some work books. It’s called “personal” protective equipment because it’s designed to protect your person. Wear your reflective vest, safety glasses, and anything else your site requires. And like your mom always told you, take a shower and brush your teeth. Clean underwear never hurt anybody; just don’t let it peek out of your actual clothing. 3.11 Audio/Video Recordings Don’t do it. Most of our customers prohibit it, and you can get in trouble for doing it. So don’t. Exception: If you see damage related to an accident, please record that discreetly, and give it to your manager. You aren’t the Keystone Kops, so it’s not your job to put anybody under surveillance. Just take a quick pic of, say, a damaged trailer hinge or a dented bumper. 3.12 Employee Property Your purses, backpacks, desks, and lockers are subject to search, so don’t put anything in them you’ll be Page 6
embarrassed for someone to see. 3.13 Housekeeping Keep it clean, people! Wipe off the lunch table, use good aim in the bathroom, and remove the empty cans from your truck. 3.14 Solicitation/Distribution We know: You need to sell some gift wrap for your kids’ school, you want to sell BBQ tickets for your social club, and there are these really cute kittens you need to give away. Unfortunately, we can’t permit solicitation and distribution of literature in work areas or on work time. 3.15 Cell Phone Use While Driving Don’t talk, text, or fiddle around with any other electronics while driving. If you need to answer the phone or enter some data, pull over. 3.16 Prohibited Conduct This is not the be-all and end-all of lists. And most of it is really common sense, but here goes. You can get fired for: • Falsifying records, including your application; • Failing to report a DUI, moving violation, or accident within 48 hours of the ticket, citation, or arrest (This applies to your personal vehicle as well as work vehicles) • Not getting all your work done; • Theft or damage to property; • Unauthorized use of stuff that doesn’t belong to you, including equipment and fuel cards; • Horseplay; • Insubordination, including refusing to follow your manager’s directions; • Failing to observe working schedules, including rest and lunch periods; • Sleeping or malingering on the job (do we really have to say this?); • Working overtime without authorization or refusing to work assigned overtime; • Violating any safety, site, or company policy, rule, or procedure, especially the Big 6; • Committing a fraudulent act or a breach of trust under any circumstances; • Failing to promptly report accidents or work-related injury or illness. “Report” means “to your manager, the very minute you can call him or her.” None of this alters the Company's policy of at-will employment. SECTION 4: Employee Status 4.1 Exempt v. Non-Exempt If your position is classified as “Exempt” (such as because of the Motor Carrier Exemption or the Executive Exemption), you are exempt from overtime pay requirements. If your position is classified as “Non-Exempt,” you’ll receive time-and-a-half for all hours worked over 40 hours per week. This will vary by site, so check with your manager to make sure you understand your pay! Page 7
4.2 Full-Time v. Part-Time If you work at least 30 hours a week, you’re Full-Time and will be eligible for benefits shown on page 9. If you’re Part-Time, you’re generally not eligible for benefits other than our appreciation (which is substantial!). 4.3 Job Descriptions • Gate Clerks/Yard Checkers/Auditors: These folks perform clerical duties, but they usually walk around a lot. They support Lazer Spot drivers and our customers’ employees, vendors, and contractors. • Drivers: The heart of the operation! Drivers generally must have a CDL, a clean MVR, and a DOT medical card. Lazer Spot drivers are true professionals who are willing and able to drive all kinds of equipment (spotters and day cabs) in all kinds of conditions (smooth yards, pot-holed yards, quiet private streets, busy public roads). Drivers are sometimes asked to perform other duties, like yard checks or the occasional paperwork, but their main function is to facilitate the transport of our customers’ goods and trailers. (This is a fancy way of saying we get paper towels, socks, and soda from our customers’ facilities to their customers’ houses. Big props to us!) The first and foremost duty of a driver is moving trailers safely. • Leads: A Lead is a supervisor. He or she has all the duties of a driver, but is also responsible for making sure the site runs smoothly. This means interacting with the customer, directing fellow drivers to ensure efficiency and safety, and completing a lot of paperwork. The Lead may be the highest-ranking Lazer Spot employee on site most of the time, but should call a Manager if he or she thinks the Manager’s input is needed. • Managers: We have Site, Area, and Regional Managers, as well as Assistant Managers, who are responsible for hiring, training, scheduling, and other tasks. They are your best resource for any problem or question, so get to know yours! SECTION 5: Wage Payment Policies 5.1 Method of Payment Get direct deposit. No seriously, get direct deposit. If there’s a mistake on your check, in most cases we can wire the money to your account in 48 hours or less! That’s better than longer than 48 hours, right? So get direct deposit. Check your pay stubs every week to make sure they’re accurate. If you see a mistake, let us know! We want you to get paid correctly. 5.2 Timekeeping At most sites, we use a fingerprint swipe time clock. Swipe in when you start work, and swipe out when you leave. Failure to do this will cause problems for everyone – especially you. Never work “off the clock.” If anyone asks you to, report it to your REMA, V-POPS, or HR. Please don’t come to work more than 15 minutes early, and please leave when your shift is done. The work site is for working, so we don’t need to distract others by just “hanging out.” Page 8
5.3 Loans or Advances Can’t do it. Sorry. 5.4 Wage or Salary Increases Raises are discretionary. That means you may or may not get one. Raises are based on a lot of factors, including your own performance. Our general goal is to evaluate your performance once a year, and if you’re doing a great job, we hope we’ll be able to give you a raise then. 5.5 Meal and Rest Breaks Your Manager will let you know what the Meal and Rest Break policy is at your site. At some sites, we need to “catch as catch can” by taking breaks when things aren’t busy. At other sites, there’s a more structured policy for breaks, and you may be required to clock out for breaks. Follow your manager’s direction on this, but know two things for sure: • We follow federal, state and local laws and regulations, so if you think your site isn’t getting it right, please see the Problem Solving Procedure on Page 3. • Again, never work off the clock. If you’re working, you’re getting paid for it. If anybody tries to tell you differently, please see the Problem Solving Procedure on Page 3. 5.6 Payment of Vacation at Termination Basically, if you do right by us, we’ll do right by you. If you resign in good standing with two weeks’ notice, we’ll pay the vacation you have left. If you leave us in the lurch, we won’t (unless your state requires it). If you are fired for cause, same thing – no vacation payout. Follow our policies, give us notice that you’re leaving, and you can take it with you when you go. SECTION 6: Benefits 6.1 Insurance You’ll be eligible for medical, vision, dental, short- and long-term disability, and life insurance after 60 days of service. Please return your enrollment forms promptly. If you don’t get them in by the deadline, you may lose the chance to enroll until the next Open Enrollment Period comes around. The Company pays a lot for your insurance, and it’s important to you. Make sure we’ve got a good address on file for you, and open your mail! Check out your bills to make sure they’re accurate. Pay attention to requests for information, and read the plan descriptions and other documents carefully. If you have questions, call the Benefits Department at 678-771-2600. 6.2 401(k) You’ll be eligible for the 401(k) Plan after 90 days of service. It’s a great way to increase your own pay, because Lazer Spot matches your contributions. Read the packet mailed to your house, and if you have questions, call the Benefits Department at 678-771-2600. Page 9
6.3 Bereavement Leave If you suffer a loss in your family, first know that we are so sorry for your loss. Second, we’ll work with you to get some time off; just let your Manager know so we can work out the details. For certain deaths, you’ll get paid time off. Those covered are a spouse, registered domestic partner, child, parent, legal guardian, sibling, grandparent, grandchild, stepchild from an existing marriage, or mother-, father-, sister-, brother-, son-, or daughter-in-law. If you’ve been with the company for at least six months, you’ll receive eight hours of paid bereavement leave. If you’ve been with the company for a year, you will be eligible for 16 hours of paid bereavement leave. 6.4 Vacation Full-time employees who reach their first anniversary are eligible for one week (40 hours) of paid vacation. After three years, you get 80 hours; after five years, you get 120 hours; and after ten years, you get 160 hours. You earn your vacation on your anniversary date, and it is not carried over from year to year, so use it or lose it! If you want, you can just keep working and have your vacation time paid out. (Salaried employees must take the time off.) Vacations should be requested well in advance, and are not scheduled until your Manager informs you that your request is approved. 6.5 Family and Medical Leave If you’ve worked with the company for at least 12 months, you may be eligible for Family and Medical Leave or some other kind of leave. It depends on how many hours you’ve worked, how many employees the company has in your area, and some other factors. But please make sure to ask. Even if you aren’t eligible for any kind of leave required by law, the company may be able to work with you to extend leave of some kind. Leave is generally unpaid, although it may be paid in some states; if you have a question about your state’s requirements, just call HR at 678-771-2600. FMLA leave is up to 12 weeks (calculated on a rolling 12-month basis), but you may be eligible for more or less leave, depending on your circumstances. You may be required to use vacation time concurrently with your leave. It is very important that you provide all the information requested by your Manager, the HR Team, or the Benefits Department. If they send you a form to be filled out by you or your doctor, that form is very important and may determine whether your leave is granted, extended, or terminated. Be sure to return it on time. Leave is generally available for the illness of you or a close family member, or birth or adoption of a child. There’s a whole bunch of information about eligibility available at https://www.dol.gov/whd/regs/compliance/whdfs28.pdf and https://www.dol.gov/whd/fmla/fmla-faqs.htm. If you need more information or have a question, don’t hesitate to ask your Manager or the HR Team. We want you to understand your rights and the process, and will be glad to get you the information you need. You may also be eligible for leave if you or a close family member is called to active duty or training in the military, returning from deployment, or taking care of financial, legal, or other matters related to military service. If that’s the case for you, thanks for your service, and see your Manager or the HR Team to learn what time off is available to you. If you’re enrolled in a Lazer Spot health or other benefit plan, you’ll need to make your premium payments while you’re on leave in order to maintain coverage. Please contact the Benefits Department at 678-771- 2600 to find out how to keep current on your premiums. Page 10
Generally, you won’t continue to accrue benefits such as vacation or credit toward a retention bonus while you’re on leave. Those will resume when you come back to work. Please contact your Manager and the HR Team as soon as you realize you need leave, and preferably at least 30 days in advance. And good luck with whatever’s going on – we’ll keep our fingers crossed for a good outcome for you and your family. 6.6 Holidays Full-time employees who have been with Lazer Spot for 60 days will be paid eight hours for New Year’s Day, Memorial Day, July 4, Labor Day, Thanksgiving, and Christmas. If you have to work on a holiday, you’ll receive holiday pay in addition to pay for hours you worked. Your Manager may require you to work the day before or day after a holiday in order to be eligible for holiday pay. 6.7 Personal Day Full-time employees who have been with Lazer Spot for a year are eligible for one personal day (eight hours) each year. Personal days don’t carry over from year to year, so use it. Or you can choose to cash it out and actually work your scheduled shifts. If you decide to use it, talk to your Manager about when it can be scheduled. Personal days are not paid out when you leave the company. 6.8 Civic Duties You should vote; it’s the price and privilege of living in a democratic republic. Try to vote at some time other than working hours, but if you just can’t make it work, we’ll give you up to two hours of unpaid time to go vote. Please give your manager at least three days’ notice if you need time away from work. Sometimes you’ll get called for jury duty. It’s your job as a citizen, and Lazer Spot does not pay for your time away unless state law in your state requires it. Please let your Manager know as soon as you get a summons so we can schedule around jury duty. That’s all, folks! If you have any questions, about the handbook or the rules of your site, talk to your Manager. We’re glad you’re on board! Page 11
What Drivers Need To Know About DOT Drug & Alcohol Testing Participating in Lazer Spot’s drug and alcohol testing program is a condition of your employment, and refusal to test will result in discharge This publication includes information provided by the U.S. Department of Transportation (DOT)’s Office of Drug & Alcohol Policy & Compliance. It’s meant to assist employees subject to workplace drug & alcohol testing in understanding DOT agency regulations. Who is subject to DOT testing? Anyone designated in DOT regulations as a safety-sensitive employee – including Commercial Drivers License (CDL) holders who operate Commercial Motor Vehicles – is required to submit to testing as outlined in the Federal Motor Carrier Safety Regulations. What conduct is prohibited by the regulations? As a safety-sensitive employee… • You must not use or possess alcohol or any illicit drug while assigned to perform safety- sensitive functions or actually performing safety-sensitive functions. • You must not report for service, or remain on duty if you: § Are under the influence or impaired by alcohol; § Have a blood alcohol concentration .04 or greater (NOTE that .04 is is the federal standard; Lazer Spot prohibits employees from performing safety- sensitive functions while having a blood alcohol concentration of .02 or greater); § Have used any illicit drug. • You must not use alcohol within four hours of reporting for service or after receiving notice to report. • You must not use alcohol up to eight hours following an accident or until you undergo a post-accident test, whichever occurs first. • You must not report for duty or remain on duty when using any controlled substance unless used pursuant to the instructions of an authorized medical practitioner. • You must not refuse to submit to any test for alcohol or controlled substances. • You must not refuse to submit to any test by adulterating or substituting your specimen. What drugs does DOT test for? DOT drug tests are conducted using urine specimens, which are analyzed for: • Marijuana metabolites /THC • Cocaine metabolites • Amphetamines (including methamphetamine, MDMA) Page 12
• Opiates (including codeine, heroin (6-AM), morphine) • Phencyclidine (PCP) • Semi-synthetic opioids including hydrocodone, oxycodone, hydromorphone, oxymorphone. Some common names for these semi-synthetic opioids include OxyContin®, Percodan®, Percocet®, Vicodin®, Lortab®, Norco®, Dilaudid®, Exalgo®. To learn more about the effects of these and other drugs visit the following sites: • Drugs and Human Performance Fact Sheet. National Highway Traffic Safety Administration (NHTSA) www.nhtsa.dot.gov. • Driving While You Are Taking Medications. National Highway Traffic Safety Administration (NHTSA) www.nhtsa.dot.gov. • Common Drugs of Abuse. National Institute for Drug Abuse (NIDA) www.nida.nih.gov. • Substance Abuse. Substance Abuse and Mental Health Administration (SAMHSA) www.workplace.samhsa.gov. Drug Facts. Office of National Drug Policy Control (ONDCP) www.whitehousedrugpolicy.gov. • Prevention On-line. National Clearinghouse for Alcohol and Drug Information (NCADI) www.health.org. Can I use prescribed medications & over-the-counter (OTC) drugs and perform safety- sensitive functions? Prescription medicine and OTC drugs may be allowed if you must meet the following standards: • The medicine is prescribed to you by a licensed physician, such as your personal doctor. • The treating/prescribing physician has made a good faith judgment that the use of the substance at the prescribed or authorized dosage level is consistent with the safe performance of your duties. Best Practice: To assist your doctor in prescribing the best possible treatment, consider providing your physician with a detailed description of your job. • The substance is used at the dosage prescribed or authorized. Note: While some states allow medical use of marijuana, federal laws and policy do not recognize any legitimate medical use of marijuana. DOT regulations treat its use as the same as the use of any other illicit drug. • If you are being treated by more than one physician, you must show that at least one of the treating doctors has been informed of all prescribed and authorized medications and has determined that the use of the medications is consistent with the safe performance of your duties. • Taking the prescription medication and performing your DOT safety-sensitive functions is not prohibited by agency drug and alcohol regulations. DOT agency regulations may have prohibitive provisions, such as medical certifications. Remember: Some agencies have regulations prohibiting use of specific prescription drugs, e.g. methadone, etc. If you are using prescription or OTC medication, check first with a physician, but do not forget to consult your industry-specific regulations before deciding to perform safety- sensitive tasks. Also be sure to refer to Lazer Spot’s policy regarding prescription drugs. When will I be tested? Page 13
Safety-sensitive employees are subject to drug or alcohol testing in the following situations: • Pre-employment. • Reasonable Suspicion/Cause. • Random. • Return-to-duty. • Follow-up. • Post-Accident. Pre-Employment. As a new hire, you are required to submit to a drug test. Lazer Spot may in its discretion also conduct alcohol testing. Only after Lazer Sot receives a negative drug test result (and negative alcohol test result - if administered) may you begin performing safety- sensitive functions. This also applies if you are a current employee transferring from a non- safety-sensitive function into a safety-sensitive position (even if it is the same employer). Reasonable Suspicion/Cause You are required to submit to any test (drug, alcohol or both) that a supervisor requests based on reasonable suspicion. Reasonable suspicion means that a trained supervisor believes or suspects that you are under the influence of drugs or alcohol, based on observations concerning your appearance, behavior, speech and smell that are usually associated with drug or alcohol use. Random You are subject to unannounced random drug & alcohol testing. Alcohol testing is administered just prior to, during or just after performing safety-sensitive functions. No manager, supervisor, official or agent may select you for testing just because they want to. Under DOT regulations, employers must use a truly random selection process. Each employee must have an equal chance to be selected and tested. Just prior to the testing event, you will be notified of your selection and provided enough time to stop performing your safety sensitive function and report to the testing location. Failure to show for a test or interfering with the testing process can be considered a refusal. Post-Accident If you are involved in an event (accident, crash, etc.) meeting certain criteria of the DOT agency, a post-accident test will be required. You will then have to take a drug test and an alcohol test. You are required to remain available for this testing and are not permitted to refuse testing. Remember: Safety-sensitive employees are obligated by law to submit to and cooperate in drug & alcohol testing mandated by DOT regulations. Return to Duty If you have violated the prohibited drug & alcohol rules, you are required to take a drug and/or alcohol test before returning to safety-sensitive functions for any DOT regulated employer. You are subject to unannounced follow-up testing at least 6 times in the first 12 months following your return to active safety-sensitive service. Return-to-duty tests must be conducted under direct observation. Page 14
Follow-up The amount of follow-up testing you receive is determined by a Substance Abuse Professional (SAP) and may continue for up to 5 years. This means the SAP will determine how many times you will be tested (at least 6 times in the first year), for how long, and for what substance (i.e., drugs, alcohol, or both). Your employer is responsible for ensuring that follow-up testing is conducted and completed. Follow-up testing is in addition to all other DOT required testing. All follow-up tests will be observed. Overview of DOT Drug Testing How is a urine drug test administered? Regardless of the DOT agency requiring the drug test, the drug testing process always consists of three components: • The Collection. (49 CFR Part 40, Subparts C, D, E) • Testing at the Laboratory. (49 CFR Part 40, Subpart F) • Review by the Medical Review Officer. (49 CFR Part 40, Subpart G) What follows is a summary of the procedures for each step. For a more detailed account, please visit 49 CFR Part 40, which can be found in its entirety at www.dot.gov/ost/dapc. The Collection During the collection process, a urine specimen collector will: • Verify your identity using a current valid photo ID, such as driver’s license, passport, employer issued picture ID, etc. • Create a secure collection site by: § Restricting access to the site to only those being tested. § Securing all water sources and placing blue dye in any standing water. § Removing or securing all cleaning products/fluids at the collection site. • Afford you privacy to provide a urine specimen. Exceptions to the rule generally surround issues of attempted adulteration or substitution of a specimen or any situation where general questions of validity arise, like an unusual temperature. • Ask you to remove any unnecessary garments and empty your pockets (you may retain your wallet). • Instruct you to wash and dry your hands. • Select or have you select a sealed collection kit and open it in your presence. • Request you to provide a specimen (a minimum of 45 mL) of your urine into a collection container. • Check the temperature and color of the urine. • In your presence, pour the urine into two separate bottles (A or primary and B or split), seal them with tamper-evident tape, and then ask you to sign the seals after they have been placed on the bottles. Remember: Neither you nor the collector should let the specimen out of your sight until it has been poured into two separate bottles and sealed. Page 15
• Ask you to provide your name, date of birth, and daytime and evening phone numbers on the Medical Review Officer Copy (Copy #2) of the Federal Drug Testing Custody and Control Form (CCF). This is so the Medical Review Officer (MRO) can contact you directly if there are any questions about your test. • Complete necessary documentation on the Laboratory Copy (Copy #1) of the CCF to demonstrate the chain of custody (i.e., handling) of the specimen. • Give you the Employee Copy (Copy # 5) of the CCF and may suggest you list any prescription and over-the-counter medications you may be taking on the back of your copy of the CCF (this may serve as a reminder for you in the event the MRO calls you to discuss your test results). • Package and ship both sealed bottles and completed CCF to a U.S. Health and Human Services (HHS) certified testing laboratory as quickly as possible. If you are unable to provide 45 ML of urine on the first attempt, the time will be noted, and you will be: • Required to remain in the testing area under the supervision of the collection site personnel, their supervisor, or a representative of Lazer Spot. Leaving the testing area without authorization may be considered a refusal to test. • Urged to drink up to 40 oz. of fluid, distributed reasonably over a period of up to three hours. • Asked to provide a new specimen (into a new collection container). • If you do not provide a sufficient specimen within three hours, you must obtain a medical evaluation within five days to determine if there is an acceptable medical reason for not being able to provide a specimen. If it is determined that there is no legitimate physiological or pre- existing psychological reason for not providing a urine specimen, it will be considered a refusal to test. The physical exam is scheduled after the designated employer representative consults with the medical review officer. The physician chosen to complete the evaluation must have expertise in the medical issues raised and be acceptable to the medical review officer. Testing at the Laboratory At the laboratory, the staff will: • Determine if flaws exist. If flaws exist, the specimen is rejected for testing. • Open only the A bottle and conduct a screening test. Specimens that screen positive will be analyzed again using a completely different testing methodology. § If the specimen tests negative in either test, the result will be reported as a negative. § Only if the specimen tests positive under both methods will the specimen be reported to the medical review officer as a positive test. • Report the findings of the analysis of the A bottle to the Medical Review Officer (MRO). • Store the A and B bottles for any reported positive, adulterated, or substituted result for at least 12 months. Page 16
Remember: The Lab will conduct specimen validity tests (SVTs) to determine if the specimen was adulterated or substituted. Tests found to be adulterated or substituted are also reported to the MRO and may be considered a refusal to test. Review by the Medical Review Officer (MRO) Upon receipt of the test result from the laboratory, the MRO will: • Review paperwork for accuracy. • Report a negative result to the Designated Employer Representative (DER). • If the result is positive, conduct an interview with you to determine if there is a legitimate medical reason for the result. If a legitimate medical reason is established, the MRO will report the result to the DER as negative. If not, the MRO will report the result to the DER as positive. • If the result is an adulterated or substituted test, conduct an interview with you to determine if there is a legitimate medical reason for the result. If a legitimate medical reason is established, the MRO will report the result to the DER as cancelled. If not, the MRO will report the result to the DER as a refusal. • Report a non-negative test result to the DER if: § You refused to discuss the results with the MRO; § You did not provide the MRO with acceptable medical documentation to explain the non-negative test result. • Inform you that you have 72 hours from the time of the verified result to request to have your B “split” bottle sent to another certified lab for analysis for the same substance or condition that was found in the A “primary” bottle. You will be responsible for paying all fees associated with the B “split” bottle.” What are Medical Review Officers (MRO)? MROs are licensed physicians with knowledge and clinical experience in substance abuse disorders. They serve as independent, impartial gatekeepers to the accuracy and integrity of the DOT drug testing program. All laboratory results are sent to an MRO for verification before a company is informed of the result. The MRO reviews each test and rules out any other legitimate medical explanation before verifying the results as positive, adulterated or substituted. How is an alcohol test administered? The DOT performs alcohol testing in a manner to ensure the validity of the testing as well as provide confidentiality of the employee’s testing information. At the start of the test, a Screening Test Technician (STT) or a Breath Alcohol Technician (BAT), using only a DOT-approved device, will: • Establish a private testing area to prevent unauthorized people from hearing or seeing your test result. • Require you to sign Step #2 of the Alcohol Testing Form (ATF). • Perform a screening test and show you the test result. If the screening test result is an alcohol concentration of less than 0.02, no further testing is authorized, and there is no DOT action to be taken. The technician will document the result on the ATF, provide you a copy and provide your employer a copy. Page 17
If the screening test result is 0.02 or greater, you will be required to take a confirmation test, which can only be administered by BAT using an Evidential Breath Testing (EBT) device. The BAT will: • Wait at least 15 minutes, but not more than 30 minutes, before conducting the confirmation test. During that time, you are not be allowed to eat, drink, smoke, belch, put anything in you mouth or leave the testing area. Remember: Leaving the testing area without authorization may be considered a refusal to test. • Perform an “air blank” (which must read 0.00) on the EBT device to ensure that there is no residual alcohol in the EBT or in the air around it. • Perform a confirmation test using a new mouthpiece. • Display the test result to you on the EBT and on the printout from the EBT. • Document the confirmation test result on the ATF, provide you a copy and provide your employer a copy. • Report any result of 0.02 or greater immediately to the employer. If after several attempts you are unable to provide an adequate amount of breath, the testing will be stopped. You will be instructed to take a medical evaluation to determine if there is an acceptable medical reason for not providing a sample. If it is determined that there is no legitimate physiological or psychological reason, the test will be treated as a refusal to test. Confirmation test results are the final outcome of the test. Result Action Less than 0.02 No action required under 49 CFR Part 40. 0.02 - 0.039 FMCSA requires that you not resume safety-sensitive functions for 24 hours. 0.04 or greater Immediate removal from safety-sensitive functions. You may not resume safety-sensitive functions until you successfully complete the return-to-duty process. NOTE that .04 is the federal standard. Lazer Spot will remove an employee from safety-sensitive functions when the level is .02 or greater. Should I refuse a test if I believe I was unfairly selected for testing? Rule of Thumb: Comply then make a timely complaint. If you are instructed to submit to a drug or alcohol test and you don’t agree with the reason or rationale for the test, take it anyway. Don’t interfere with the testing process or refuse the test. Page 18
After the test, express your concerns through a letter to Lazer Spot’s VP of Human Resources at 6525 Shiloh Road, Suite 900, Alpharetta, GA 30005. You can also contact the appropriate DOT agency. Whomever you decide to contact, please contact them as soon as possible after the test. What is considered a refusal to test? DOT regulations prohibit you from refusing a test. The following are some examples of conduct that the regulations define as refusing a test (See 49 CFR Part 40 Subpart I & Subpart N): • Failure to appear for any test after being directed to do so by your employer. • Failure to remain at the testing site until the testing process is complete. • Failure to provide a urine or breath sample for any test required by federal regulations. • Failure to permit the observation or monitoring of you providing a urine sample. • Failure to provide a sufficient urine or breath sample when directed, when there is not adequate medical explanation for the failure. • Failure to take a second test when directed to do so. • Failure to cooperate with any part of the testing process. • Failure to undergo a medical evaluation as part of “shy bladder or “shy lung”procedures. • Failure to sign Step #2 of the ATF. • Providing a specimen that is verified as adulterated or substituted. • Failure to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the collector, behave in a confrontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector). • Failure to follow the observer’s instructions [during a direct observation collection] to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process. • Possess or wear a prosthetic or other device that could be used to interfere with the collection process. • Admit to the collector or MRO that you adulterated or substituted the specimen. What happens if I test positive, refuse a test, or violate an agency specific drug & alcohol rule? If you test positive, refuse a test, or violate DOT drug & alcohol rules: • A supervisor or company official will immediately remove you from DOT-regulated safety-sensitive functions. • You will not be permitted to return to performing DOT regulated safety-sensitive duties until you have: § Undergone an evaluation by a Substance Abuse Professional (SAP); § Successfully completed any education, counseling or treatment prescribed by the SAP prior to returning to service; and § Provided a negative test result for drugs and/or a test result of less than 0.02 for alcohol. (Return to duty testing). • Upon return to a safety-sensitive job, you will be subject to unannounced testing for drugs and/or alcohol no less than 6 times during the first 12 months of active service with the possibility of unannounced testing for up to 60 months (as prescribed by the SAP). These tests (including the return-to-duty test) will be directly observed. Page 19
What are SAPs? Substance Abuse Professionals (SAPs) play a critical role in the work place testing program by professionally evaluating employees who have violated DOT drug & alcohol rules. SAPs recommend appropriate education, treatment, follow-up tests, and aftercare. They determine when a safety-sensitive employee can be returned to duty. SAPs are required to have certain credentials, which include clinical experience in diagnosis and treatment of substance abuse-related disorders. While SAPs make recommendations to the employer about an employee’s readiness to perform safety-sensitive duties, SAPs are not an advocate for the employee or the employer, and they make return-to-duty recommendations according to their professional and ethical standards as well as DOT’s regulations. § Remember: Even if a SAP believes that you are ready to return to work, Lazer Spot is under no obligation to return you to work. Such decisions are left to the employer. How do I find a SAP? If you violate a DOT drug or alcohol rule, Lazer Spot is required to provide you with a list of SAPs’ names, addresses, and phone numbers that are available to you and acceptable to the company. This is true even if your employment is terminated. Will I lose my job if I violate drug & alcohol regulations? DOT regulations do not address employment actions such as hiring, firing or granting leaves of absence. Under Federal regulations, the main requirement for employers is to immediately remove employees from performing DOT safety-sensitive jobs. A positive or refused DOT drug or alcohol test may trigger additional consequences based on company policy. While you may not lose your job, you may lose your certification or license to perform that job. For example, someone operating a commercial motor vehicle may not lose a state-issued CDL, but will lose the ability to perform any DOT regulated safety-sensitive tasks. Will my results be confidential? Your test results are confidential. An employer or service agent (e.g. testing laboratory, MRO or SAP) is not permitted to disclose your test results to outside parties without your written consent. Your test information may be released without your consent in certain situations, including legal proceedings or administrative proceedings brought by you or on your behalf. Will the results follow me to different employers? Yes, your drug & alcohol testing history will follow you to your new employer, if that employer is regulated by a DOT agency. Employers are required by law to provide records of your drug & alcohol testing history to your new employer. This is to ensure that you have completed the return-to-duty process and are being tested according to your follow-up testing plan. What should I do if I have a drug or alcohol abuse problem? Seek help. Jobs performed by safety-sensitive transportation employees keep America’s people and economy moving. Your work is a vital part of everyday life. By abusing drugs or alcohol, you risk your own life, your co-workers lives and the lives of the public. Page 20
Most every community in the country has resources available to confidentially assist you through the evaluation and treatment of your problem. To find a treatment facility close to you, check with your local health department or visit the U.S. Department of Health and Human Services treatment facility locator at http://findtreatment.samhsa.gov/. This site provides contact information for substance abuse treatment programs by state, city and U.S. Territory. The Effects of Alcohol and Drug Use on Your Health, Work and Personal Life The impact of drug use and alcohol misuse in the workplace extends far beyond the affected individual. Drug use and alcohol misuse decrease your ability to perform well, and can impact the performance of co-workers who rely on you. Impaired judgment, carelessness, and lack of coordination cause more accidents, which put the safety and lives at risk. Co-workers may become frustrated after trying to help, and supervisors may become suspicious of increased absenteeism, tardiness, lowered job efficiency, etc. Alcohol and its Effects Alcohol is a legal substance that is widely used and, unfortunately, misused. The most common substance found in drivers of commercial vehicles involved in fatal accidents is alcohol (the second most prevalent substance is marijuana). • It is estimated that 3-10% of all Americans have an alcohol related problem. • 25% of all hospital admissions in the United States are related to alcohol misuse. • 2-3% of the driving population is legally drunk at any one time. This rate doubles at night and on weekends. • 40% of family court cases involve an alcohol problem. • 2/3 of all homicides are committed by people who drink prior to the crime. • More than 60% of burns, 40% of falls, 69% of boating accidents, and 76% of private aircraft accidents are alcohol related. Alcohol abusers cost companies, health care organizations and the general public millions of dol- lars each year in poor quality products, health care costs, workers compensation costs, and unemployment costs. More importantly, abusers cost innocent lives. Up to 50% of people with job performance problems suffer from alcohol-related problems. Unless detected early on, alcohol use in the workplace can lead to costly and potentially dangerous situations, including: • Absenteeism – Tardiness and excessive use of sick time. • Lower Productivity – Studies have shown that an alcohol abuser works at only two-thirds of his/her actual work potential. • Poor Work Quality –For drivers this means decreased mental and physical agility and concentration. • Poor Morale – Chronic alcohol misuse often creates wide mood swings, anxiety, depression and anger. • Increased Number of Accidents and Near Misses – Impaired individuals are 3-6 times more likely to be involved in on-the-job accidents or near miss incidents. A person who is legally intoxicated is six times more likely to have an accident than a sober person is. Page 21
You can also read