Since employment with the agency is based on mutual consent, either the employee or the agency may terminate employment. Termination of employment falls within one of the following categories:
Resignation. To remain in good standing, you shall give fourteen (14) calendar days written notice to the immediate supervisor. This way, the agency has adequate notice to begin securing a replacement and provide adequate staff coverage in the interim.
Abandonment of the Job. This refers to the situation when you give no advance notice and literally walk away from the job. This also includes not showing up for a scheduled shift without notifying the Supervisor.
If you are absent from the job longer than the one-day without being on approved leave, this may be considered abandonment of job and, as such, you are subject to immediate termination of employment.
Dismissal. This is an immediate termination of employment for serious work infractions and/or clear violation of agency policies and administrative directives.
Termination During Original Probation. This termination occurs during the probation period of employment, if the employee fails to satisfactorily perform expected job duties. Such action is not appealable. Failure to meet NorthStar Services training requirements may result in termination.
48-Hour-Calendar Quarter Termination Policy. An employee is required to work at least 48 hours in a calendar quarter to be assured of employment. Failure to work 48 hours in a quarter will be considered reason to terminate. Future employment would require a rehiring process (base salary).
When leaving the employment of NorthStar Services, staff must make arrangements for the return of agency property: keys, cell phones etc. The employee will be advised on health and life insurance options and the status of such coverage.
Life Insurance: An individual full time staff has 30 days to convert the group life insurance to an individual life insurance policy. It is the responsibility of the individual, NOT NORTHSTAR SERVICES, to contact the insurance carrier or it's agent for conversion.
POLITICAL ACTIVITYThe Hatch Act applies to employees of agencies receiving federal funds and places some limitations on the political activities of employees of those agencies.
1. Use his or her authority to directly or indirectly coerce, command or advise to pay, lend or contribute anything of value to any organization or person for political purposes.
2. Be a candidate for a public or political party elective office in any partisan election.
PROTECTION FOR EMPLOYEES: You have the right of protection from political coercion
of any type from any person. You may not be interrupted during duty hours by
political activities.
POLICY CONCERNING DRUG-FREE WORK ENVIRONMENT
I. Policy Statement
It has been established that substance abuse can constitute a real danger to the abuser and all others who come in contact with them. Due to concerns for the safety of all employees and all persons in the work environments, including but not limited to the persons served by NorthStar Services, it is the policy of NorthStar Services to maintain a work environment that is free from substance abuse. NorthStar Services prohibits the status of testing positive for Amphetamines (such as Meth, Speed, Ritalin, Adderall); Cocaine; Opiates (such as Heroin, Codeine, Percodan; OxyContin); PCP; THC (Marijuana) and alcohol. NorthStar Services shall maintain a zero tolerance for the use of or the influence of substance abuse in the work environment.
Substance abuse is hereby defined as the use and abuse of alcohol and illegal drugs; the unauthorized use of controlled substances and the misuse of medication or non-therapeutic substances, in the work environment.
Work environment is hereby defined as any place or time when an employee is being paid to perform their job.
Zero tolerance is hereby defined as no confirmed evidence of drugs or alcohol in any of the drug or alcohol tests, which would include a .00 for blood alcohol.
NorthStar Services strictly prohibits the use, sale, dispensing, distribution, possession, or manufacture of illegal drugs or unauthorized use of controlled substances. The Courts and the Labor and Industry Review Commission (LIRC) have held that an employer has a legitimate interest in preventing off duty illegal drug use since it could interfere with the employer’s ability to control productivity, provide for the safe and efficient operation of its business, and protect the safety of its employees, persons served by the agency and the public.
Employees who are convicted of a misdemeanor or felony for engaging in the possession, distribution or trafficking of illegal drugs shall have their employment terminated. Other citations or convictions related to drugs or alcohol shall be subject to disciplinary action (using the PERS 11 Record of Disciplinary Action), including the possibility of termination. In addition, under no circumstances is an employee of NorthStar Services to drive an agency-owned vehicle, or operate work-related equipment, while under the influence of substances as defined above. All other agency policies and procedures continue to apply.
The use and possession of legally prescribed medication is permitted on agency premises and time, provided the medication is contained in the original prescription container, or is in the employee’s possession only in quantities sufficient for his or her shift. The medication must have been prescribed by a medical practitioner for the current use of the person in possession of the medication and the medication must be used consistent with that prescription. Possession of over-the-counter medication also is permitted, but use of any such medication must be consistent with the manufacturer’s
instructions. However, it is every employee’s responsibility to know if any medication (either over-the-counter or prescribed), can have any negative effect on judgment or performance. In that event, employees are required to inform management so that a determination may be made as to whether an employee needs to be reassigned or relieved for the course of the medication, for the safety of all.
II. Drug Testing
Testing shall consist of an oral saliva drug testing swab processed by an accredited laboratory and an oral saliva alcohol screening swab, processed on-site. If the alcohol screening swab indicates the presence of alcohol, there will be an alcohol blood draw at the local medical center to confirm or deny the presence of alcohol in the blood.
In order that this policy can be adequately enforced and, thereby, eliminate the serious safety risk associated with substance abuse in the work environment, employees shall be subject to testing for alcohol, illegal drugs or unauthorized use of controlled substances under the following circumstances:
A. Post offer, pre-placement testing
B. Reasonable suspicion testing
C. Post accident testing
D. Random drug testing
E. Unannounced follow-up testing
A. Post offer, Pre-Placement Testing
NorthStar Services reserves the right to implement post offer, pre-placement oral drug swab testing for all new employees, upon the approval of the Governing Board, without additional notification. Any confirmed positive test shall result in the withdrawal of the job offer. Any person eliminated from consideration due to a confirmed positive test shall not be allowed to reapply for a period of one year.
A confirmed positive drug test is hereby defined as the presence of illegal drugs or unauthorized use of controlled substances in any amount, as verified by Occupational Health Services.
B. Reasonable Suspicion Testing
1. Reasonable suspicion is when the agency documents that the employee’s appearance or conduct are indicative of the use of alcohol, illegal drugs and/or the unauthorized use of controlled substances. Reasonable suspicion may be demonstrated by, but not limited to the following: smell of alcohol on the breath, inappropriately dilated pupils, slurred speech, inattentiveness, lack of normal concentration, excessive agitation, unexplained frequent extreme mood swings, excessive fatigue or difficulty remaining alert, patterns of excessive absenteeism or tardiness, etc.
In the event any employee has reasonable suspicion that another employee may currently be under the influence, they should:
· First provide for the immediate safety of all persons in the work environment
· Contact a Support Supervisor or Area Director and inform them of the situation; if neither are available, contact the CEO
The supervisor shall:
· Contact another supervisor to assist with the situation; if another supervisor is not available, another employee will assist as a witness
· Make an in-person, unannounced visit to the work area for personal review of the suspected employee’s performance
· Maintain the safety of all persons in the work environment
· Use the Reasonable Suspicion Report (Appendix A) to document the observations
· Contact the Area Director or CEO for directives
· Follow the directives from the Area Director or CEO
· Contact the Employee Assistance Program (EAP) for directives, such as requiring the employee to submit to an oral swab drug test, oral swab alcohol test and/or blood draw alcohol test; removing the employee from the work environment; requiring the employee to seek medical care, etc.
· Follow the directives from the EAP
· If an oral alcohol swab test shows positive for the presence of alcohol, arrangements (including transportation) shall be made to have a blood alcohol test drawn at a designated medical setting
· Document all directives on the Directives form (Appendix B)
· If appropriate, complete the Supervisor Referral form Appendix D) to refer the employee to the Employee Assistance Program
A confirmed positive alcohol test is hereby defined as a blood alcohol level of anything greater than 0.00.
When the alcohol swab test is negative and no other drug testing is recommended, the authorized supervisor shall, with the assistance of the EAP determine the safety and appropriateness of staff to remain on duty.
If the employee refuses the directives issued by the supervisor or EAP regarding immediate action, the Area Director or CEO shall be contacted. The employee shall be subject to disciplinary action (using the PERS 11 Record of Disciplinary Action) including the possibility of termination.
Employees who are suspected of being under the influence shall be suspended pending the results of the testing. The actions to be taken following a confirmed positive test result shall be completed as stated in section III.
2. When any pattern of suspicious behavior is suspected, such as incidents of lack of normal concentration, inattentiveness, deterioration of job performance, excessive agitation, unexplained frequent extreme mood swings, excessive fatigue or difficulty remaining alert, patterns of excessive absenteeism or tardiness, etc., an authorized supervisor shall:
· Make in-person, unannounced visits to the work area for personal review of the suspected employee’s performance. The observations shall be documented on the Reasonable Suspicion Report (Appendix A)
· Review all employee related information, such as disciplinary actions, timesheets, paperwork completed by the employee and document the Work Performance Problems Checklist (Appendix C)
· If necessary, contact the Area Director or CEO for directions
· Follow the directives from the Area Director or CEO
· If necessary, contact the EAP for directions: (i.e., requiring the employee to submit to a oral drug swab test, oral alcohol swab test and/or blood alcohol test; removing or suspending the employee from the work area; requiring the employee to seek medical care; recommending counseling, etc.)
· Follow the directions of the EAP
· If an oral alcohol swab test shows positive for the presence of alcohol, arrangements (including transportation shall be made to have a blood alcohol test drawn at a designated medical setting
· Document all directives on Directives form (Appendix B)
· If appropriate, complete the Supervisor Referral form (Appendix D) to refer the employee to the Employee Assistance Program
If the employee refuses the directives issued by the supervisor or EAP regarding immediate action, the Area Director or CEO shall be contacted. The employee shall be subject to disciplinary action (using the PERS 11 Record of Disciplinary Action) including the possibility of termination.
3. The EAP shall contact the agency regarding the compliance of the employee to their recommended plan.
C. Post-Accident Testing
To ensure the goal of maintaining a safe, drug-free work environment, effective January 1, 2006, NorthStar Services has implemented post-accident drug and alcohol testing procedures.
Post-Accident Testing shall occur whenever the employee is involved in or may have contributed to an accident while in the work environment which results in a death, any property/vehicle damage or any injury to anyone involved requiring medical care, beyond first aid.
If medical attention is sought after the original accident, post accident testing will occur at that time. It is the employee’s responsibility to report such medical attention to agency management staff and make themselves available for post-accident testing. Failure to do so will constitute a refusal and the employee shall be subject to disciplinary action (using the PERS 11 Record of Disciplinary Action) including the possibility of termination
After all immediate medical needs are met, post-accident oral drug swab and oral alcohol swab testing shall occur. If medical attention is required for the employee, drug and alcohol testing shall be requested in conjunction with the medical care.
The employee may return to work if they are medically released to do so, after being tested in a post-accident situation where no reasonable suspicion exists and the alcohol screening indicates zero alcohol content. However, any time reasonable suspicion is present in a post-accident situation, that employee shall not return to the work environment until a negative test result is confirmed.
If the employee refuses the post-accident test(s), the Area Director or CEO shall be contacted. The employee shall be subject to disciplinary action (using the PERS 11 Record of Disciplinary Action) including the possibility of termination.
When an employee submits to a post-accident test and the test results are positive, the employee shall be subject to disciplinary action (using the PERS 11 Record of Disciplinary Action) including the possibility of termination.
When an employee submits to a post-accident test, and the test results are negative, the employee shall be notified of the results and may return to work.
If an employee chooses to see their own physician to be treated for a post-accident injury, the post-accident testing shall still be required as above.
D. Random Drug Testing
NorthStar Services shall conduct random drug testing utilizing Columbus Community Hospital (CCH) Occupational Health Services as the third party contracted random drug testing managers. NorthStar Services shall test a percentage of all employees at each Area Program and Central Office on a quarterly basis, as determined by the Governing Board.
The Director of Health Services shall be the contact person to work with the CCH Occupation Health Services to keep the employee lists up to date, and to coordinate the random testing process in each Area Program and Central Office. When the Director of Health Services is named for the drug testing, CCH Occupational Health shall conduct the testing for the Director of Health Services.
When the list of persons is identified by CCH Occupational Health, and given to the Director of Health Services, notices shall be sent to the “collectors”, (persons trained and identified in each area program) of the employees needing the random testing. The named employees shall not be notified in advance. If a named staff is on leave, the test shall be completed within 15 days after their return to work.
Once the names of employees that are to be tested are determined by CCH Occupational Health Services, the oral drug swab test must be completed within 15 days of the notification to the area program.
Only those persons named by CCH Occupational Health will be given the random drug tests, (without notice to the named employee).
The test results shall be mailed to CCH Occupational Health, and any additional needed screening for “positive” tests, shall be conducted by CCH Occupational Health Services.
If the employee refuses the random test, the Area Director or CEO shall be contacted. The employee shall be subject to disciplinary action (using the PERS 11 Record of Disciplinary Action) including the possibility of termination.
E. Unannounced follow-up testing
When an employee has a first time confirmed positive drug or alcohol test and NorthStar Services retains their employment or they are allowed to return to work, unannounced follow-up testing shall be completed. The EAP shall determine the testing schedule, up to one time a month for a period no greater than one year.
III. Positive Confirmed Alcohol or Drug Test
If an employee has a positive alcohol test confirmed at the medical setting, arrangements shall be made to provide transportation for the employee. Refusal to accept the transportation arrangements may result in disciplinary action, (using the PERS 11 Record of Disciplinary Action) including the possibility of termination and/or police contact.
The authorized supervisor shall notify the CEO or designee of results and action taken, in the event of a confirmed positive alcohol test. If an employee has a confirmed positive drug test, CCH Occupational Health shall notify the CEO or designee
If this is the first confirmed positive test for alcohol or drugs, the CEO or designee shall direct the employee to contact the EAP for assistance, and the employee shall be required to participate in the EAP’s recommended program(s), at the employee’s expense (which may be covered under their company’s health insurance plan). If the employee chooses to comply with the EAP recommendations, they shall sign an “agreement” that allows the EAP to inform NorthStar’s CEO or designee of the plan of action. If the agreement will not be signed, the employee shall be subject to disciplinary action (using the PERS 11 Record of Disciplinary Action) including the possibility of termination. A refusal or failure to follow the EAP recommendations shall result in disciplinary action, (using the PERS 11 Record of Disciplinary Action) including the possibility of termination. Successful completion of the EAP’s recommendations may allow the employee to return to work as outlined in section IV.
Any employee who has a second confirmed positive test or event for alcohol or drugs shall be terminated and shall not be eligible for re-hire for a period of at least one year.
IV. Reinstatement, Assistance and Discipline
A. After reasonable suspicion and post-accident testing suspension
When an employee is suspended pending the results of a reasonable suspicion or post accident test, and the results return negative, the employee shall be immediately reinstated and paid any wages and benefits that would have been paid had the employee worked their scheduled hours. However, if the suspension was in part or in whole for misconduct associated with the circumstances, and the drug testing was also done, the employee shall not be paid any wages or benefits, or reinstated during any part of the suspension that was for the misconduct. NorthStar Services policies regarding disciplinary action remain applicable for any employee in regard to reinstatement.
If an employee participates in and successfully completes the program recommended by the EAP, following a confirmed positive drug or alcohol test, the employee may be reinstated. The EAP representative shall meet with the employee prior to reinstatement to evaluate the appropriateness of the employee to return to work and any additional recommendations, including the unannounced follow-up testing schedule.
In the event an employee is referred to the EAP and refuses to participate in the recommended program in any way, he or she shall be subject to disciplinary action, (using the PERS 11 Record of Disciplinary Action) including the possibility of termination.
B. During Counseling/Rehabilitation
If the employee chooses to participate in the program recommended by the EAP, a request may be made for up to 12 weeks of paid and/or unpaid medical leave for that purpose (see Policy Concerning Family Medical Leave in the Personnel Policy). When treatment is provided on an outpatient basis, the employee may be allowed to work but only in accordance with a written statement from the EAP representative that s/he is capable of performing his or her job during treatment. However, the employee shall be required to meet existing job performance standards and established work rules and policies and may be required to submit to unannounced follow-up alcohol and/or drug testing. Failure to submit to any such testing may result in disciplinary action (using the PERS 11 Record of Disciplinary Action) including the possibility of termination.
C. Consent and Release
Prior to drug or alcohol testing, an employee identified for testing shall be required to sign a consent and release form authorizing the collection and testing of a sample, or samples, of saliva or blood. The release also gives NorthStar Services and CCH Occupational Health access to all results of the drug and alcohol testing.
D. Retest Option
Any employee who questions the accuracy of a confirmed positive drug or alcohol test result may submit a written request for a retest to NorthStar Services within three (3) business days of the employee’s receipt of notice of the result. A part of the original specimen will have been preserved for such testing, which shall be conducted at the employee’s own expense in advance by the same laboratory or a different DHHS-certified laboratory of the employee’s choice applying the same concentration cut-off levels as were applied during the first test. Should that test be negative, the employee shall be compensated for the cost of the test and lost wages, except where the employee was suspended in part or in whole for misconduct associated with the circumstances that led to the initial testing, in which case the employee shall not be compensated for time lost, or reinstated during any part of the suspension that was for misconduct.
E. Confidentiality
NorthStar Services and its agents shall keep confidential, to the extent reasonable and feasible, all test results and test-related information collected, received, or generated under this policy. Information regarding test results and potential rehabilitation or counseling shall be confined to a strict need-to-know basis. Information shall not be released unless authorized to do so by a signed appropriate release of information form. Exceptions will only be as required by law.
F. Employment at Will
Nothing in this policy creates a contract or in any way, shape, or form, alters the employment at will relationship.
G. Staff Training
All Employees will receive alcohol/drug abuse awareness training within the first three months of employment. This training will include:
· Information about the dangers of drug abuse in the workplace, including the policy of maintaining a drug-free workplace.
· Availability of counseling and rehabilitation programs.
· Disciplinary actions, which may be imposed on employees for violations of this policy. (See Personnel Policy.)
12/05
COMMUNICATIONS AND COMPUTER/INTERNET USE POLICY
All telecommunication equipment, computers and all other business equipment
of any kind,
including electronic devices, are property of NorthStar Services and shall be
used for conducting
business transactions on behalf of NorthStar Services. All NorthStar employees
are responsible for
proper and ethical use of this equipment. NorthStar Services insists that all
employees display a
high degree of professionalism when using any telecommunication device in the
workplace.
No telephone conversations shall be recorded unless consent to the recording
of a telephone
conversation is given by the employee. Computer generated messages, such as
e-mails, internet
searches, and information stored on the hard drive, may have to be disclosed
during investigations
which may be conducted by various oversight agencies, NorthStar personnel, and
representatives of
the legal system and courts.
NorthStar Services specifically prohibits any employee receiving, transmitting
or causing images
to be displayed of pornography or other material that may be morally offensive.
During their initial orientation, all employees will be provided with training
and a set of guidelines
regarding internet use.
Revised: 2005
Revised: 2002
Revised: 1997
Revised: 1994
Original: 12/92