PAP.9.11.090 For Cause Testing

(a) The Gaming Enterprises' "for cause testing" policy for alcohol, illegal drugs, and prescribed medication is based on circumstances where the employer has information about a team member's workplace behavior and/or conduct that would cause a reasonable person to believe the team member is demonstrating signs of impairment. This impairment could be due to the use of alcohol, illegal drugs, or prescribed medication on the employer's property. A team member could be tested under this section for suspicious activity where the activity in question involves the possession, distribution or use of drugs or alcohol on property.

(b) Supervisors are to use the "For Cause Testing Report Form" to document when a team member shows signs of impairment including but not limited to; difficulty in maintaining balance, slurred speech, erratic or atypical behavior, or appears unable to perform his/her job in a safe manner.

(c) The supervisor will immediately arrange for at least one other supervisor to observe and evaluate the behavior.

(d) The supervisor will ask the team member to explain his/her inability to perform their job.

(e) Should the team member fail to explain his or her impaired condition to the satisfaction of the supervisors and it is apparent that alcohol, illegal drugs, or abuse of prescribed medication are involved, the team member's performance and actions will be discussed with the Manager on Duty; Human Resources Director, or designee. (Note that without a urine collection, or breath test, it is not always possible to determine whether a team member is under the influence of alcohol, illegal drugs, or prescribed medication. No absolute conclusions should be made until the results of the urine collection or breath test are available.)

(f) If the consensus of the Manager on Duty, Human Resources Director, or designee, and the supervisory staff involved is to conduct an alcohol and/or drug test, the team member is to be tested at that time.

(g) Team members who refuse to take a test will be considered in violation of the Drug-Free Workplace policy and will be subject to termination.

(h) A team member whose alcohol test has a positive Blood Alcohol Concentration (BAC) reading of .01 to .029 will be sent home for the day and receive a referral to EAP. If a team member is 0.03 or higher, and/or the drug test is positive for a substance they admit not having permission to take, they are considered in violation of the employer's Drug-Free Workplace policy and will be placed on a 30-day unpaid suspension pending the confirmation (if needed) of any samples sent to a lab. A team member who is placed on suspension for a violation of this policy will be referred to have an evaluation/assessment by the Human Resource Manager, or designee. A second violation of the Drug-Free Workplace policy will result in termination. A team member will be offered a ride home if they are sent home for a positive Preliminary Breathalyzer Test (PBT).

(1) Team members will be given a Portable Breathalyzer Test (PBT). A team member who receives a negative test result will immediately report back to their department. A team member who receives a positive test result must submit to a second test.

(2) Five (5) minutes following the Preliminary Test, the team member will receive a second Breathalyzer test. A team member who receives a negative test result will immediately report back to their department. A team member who tests positive on the Second Breathalyzer Test will be in violation of the company Drug-Free Workplace policy.

(3) Team members who refuse to take a Breathalyzer test will be considered in violation of the Drug-Free Workplace policy. The first violation will result in an immediate termination.

(4) Upon receiving a presumptive positive result of the first drug test, the Human Resource Manager, or designee will seal the sample to be sent to the lab for confirmation. Every effort will be made to keep this information confidential.

(5) The team member will be allowed to return to work pending the confirmed result of the sealed sample sent for lab confirmation.

(i) Lab Confirmed Results:

(1) Upon receiving notification from the lab of confirmation of the confirmed positive results, the Human Resource Manager, or designee shall notify the team member's immediate manager of the policy violation. Every effort will be made to keep this information confidential.

(2) The team member will be called to HR to meet with the Human Resource Manager, or designee and shall be subsequently notified of their positive test results.