Disability Allies, Inc. (DAI) employees may not use, possess, sell, distribute, or manufacture alcohol, drugs or drug paraphernalia during the performance of work or while working with a consumer.
DAI employees may not report to work or work with a consumer while under the influence of drugs or alcohol.
DAI reserves the right to conduct searches of workspaces upon reasonable suspicion of alcohol and drug use.
Employees who use alcohol or drugs on DAI property, outside of an event on DAI property where alcohol is served, or violate this policy in other ways, may be terminated from employment at our discretion. Employees who are convicted of driving while intoxicated, driving under the influence of intoxicants, failing to consent to chemical breath testing, or other similar offenses, may be terminated from employment at our discretion. Employees who drive consumers in their own cars during the performance of work while they are using drugs or alcohol may be terminated from employment at our discretion.
DRUG TESTING POLICY
Effective May 1, 2018, every program serving adults with developmental disabilities which is funded, licensed or regulated through the New Jersey Department of Human Services (DHS) is subject to requirements of Stephen Komninos’s Law. Among other things, the Stephen Komninos’s Law requires that providers drug test persons applying to work or already working as a direct care staff for individuals with developmental disabilities. Stephen Komninos’s Law also requires testing for cause, as well as random testing. Drug testing will consist of urine screening for the following controlled, dangerous substances: Marijuana, Cocaine, Opiates (including Heroine, Codeine/Morphine and prescribed semi-synthetic Opioids), Amphetamines/ Methamphetamines, and Phencyclidine (PCP). The cost of the drug test will be covered by the Department of Human Services.
All applicants receiving an offer of employment for a direct care position will be required to undergo testing for controlled, dangerous substances before beginning employment. Any applicant who fails pre-employment screening cannot be hired by DAI as a Direct Support Professional, or in any other role providing direct care to people with developmental disabilities, subject to the appeals process below. Any applicant who refuses to undergo pre-employment drug screening cannot be hired by DAI in any role providing direct care to people with developmental disabilities.
Random Testing and Testing for Cause
All current Direct Support Professionals and other direct care staff at DAI are subject to random drug testing, pursuant to the rules and regulations adopted by DHS. Currently, DHS rules state that approximately 10% of all employees will be tested each year, with 2.5% selected each quarter. All current Direct Support Professionals and other direct care staff at DAI are subject to drug testing if the staff member’s supervisor has reasonable suspicion to believe that the staff member is illegally using a controlled dangerous substance, based on the staff member’s visible impairment or professional misconduct which relates adversely to patient care or safety. Any DAI staff member who provides direct care to persons with special needs and who refuses drug testing will not be permitted to work with DAI consumers and may be terminated from employment at discretion. Any DAI staff member who tests positive on a drug test, subject to the appeals process set forth below, will, at DAI’s discretion, be referred for treatment or terminated from employment.
Any DAI applicant or staff member who tests positive on a state-mandated drug test will have 24 hours in which to speak with the vendor’s medical review officer to discuss any relevant, legitimate medical explanations, such as a current prescription. If the medical review officer accepts the explanation, the staff member will not be automatically terminated from employment, although their conduct may be reviewed. If the staff member does not respond within 24 hours, or the medical officer does not accept the explanation, the staff member will, at DAI’s discretion, be referred for treatment or terminated from employment. Applicants who successfully appeal a positive drug test will be considered for continued employment at the discretion of DAI.