In support of its efforts to create a drug-free workplace, Bluegreen Vacations Corporation requires all applicants extended a conditional offer of employment to take, and pass, a drug test before commencing work. Employment offers will be withdrawn whenever an applicant receives a verified positive test result or refuses to participate in the testing process. Our testing process is described below. A different policy applies to applicants who are seeking work in Maine.
Work Rules on Drugs and Alcohol - You should know that as a general rule, Bluegreen Vacations Corporation prohibits employees from using alcohol while working, while on its premises, or while operating a company-provided vehicle. Moreover, employees are prohibited from reporting to work or operating any company vehicle, machinery, or equipment if they have any alcohol in their system. However, when authorized, employees may consume and/or possess alcohol at Company functions or purchase and/or consume alcohol while on Company property (for example, when you vacation at a Company resort or use a restaurant on Company property after work hours). These privileges may be withdrawn if abused. Employees are expected to always use good judgment and act professionally while at Company functions or on Company property.
The Company also will not tolerate the use of drugs, inhalants or other mind-altering substances made illegal as a matter of federal, state, or local law, or that are legal but are used other than as intended by the manufacturer. Employees are also prohibited from possessing, using, selling, conveying, distributing, manufacturing or purchasing illegal drugs or other mind-altering substances on Company property, in Company vehicles and while on Company business, whether on or off Company grounds. The illegal possession, use, sale, conveyance, distribution, manufacturing, or purchase of drugs, alcohol, or mind-altering substances off-premises and outside of working hours may reflect unfavorably on the Company’s reputation and our confidence in your ability to represent Bluegreen and is also prohibited. For purposes of this policy, “illegal drugs” means any drug or other substance, the use or possession of which is prohibited as a matter of federal, state or local law, and includes marijuana and marijuana products.
Employees may be required to submit to drug and/or alcohol testing through hair samples, blood tests, urinalysis, breath tests or other testing procedures. A more detailed policy statement regarding Bluegreen Vacations Corporation's rules on the use of drugs and alcohol, and its employee testing program, will be provided to new hires and questions about those policies can be addressed to any of Bluegreen Vacations Corporation Human Resources representatives.
Job Applicant Drug Testing Consent - No sample will be collected or drug test conducted on any sample without the consent of the person being tested. However, an applicant’s refusal to submit to a drug test will be viewed as a decision to reject Bluegreen Vacations Corporation conditional offer of employment. Bluegreen Vacations Corporation will pay the costs of all drug tests it requires of applicants.
Collection and Chain-of-Custody – Persons being tested will be asked to provide a test sample (which may include urine, oral fluids, or hair) by the collection site person. Procedures for the collection of urine specimens will allow for reasonable individual privacy. Urine specimens will be tested for temperature, and test samples may be subject to other validation procedures as appropriate. The collection site person and the person being tested must work together to maintain chain-of-custody procedures for specimens at all times.
Testing Methods – All drug test samples will be screened using an immunoassay technique and all presumptive positive drug tests will be confirmed using gas chromatography/mass spectrometry (GC/MS) by a laboratory certified by the Substance Abuse and Mental Health Services Administration (SAMSHA) or relevant state approval process. Tests will seek only information about the presence of drugs and in an individual’s specimen, and will not test for any medical condition.
Drugs – Bluegreen Vacations Corporation may test for the presence of some or all the following substances. Common names and some metabolites of drugs that may cause a positive test result follow each type or class of drug identified. Drugs for which the company may test include: amphetamines (including methamphetamine, MDMA (ecstasy), MDEA, MDA, Ritalin, Dexadrine); barbiturates (sleep aids); benzodiazepines (Valium, Xanax); cannabinoids (marijuana, hemp, THC); cocaine (crack); methadone; methaqualone (Quaalude); opiates (including heroin, morphine, and codeine); phencyclidine (PCP); and propoxyphene (Darvon). The use of marijuana remains unlawful as a matter of federal law, even though some state law may allow for recreational or medical marijuana use. Therefore, the Company will not accommodate nor excuse an individual’s use of marijuana in violation of this policy except to the extent required by law.
Notification, Medical Review & Right to Re-Test – Any individual who tests positive for drugs will be contacted by a Medical Review Officer (“MRO”) (a health care professional with an expertise in toxicology), and offered an opportunity to discuss, in confidence, any legitimate reasons he or she may have that would explain the positive drug test (such as, for example, evidence that the individual holds a prescription for the substance detected). If the individual promptly provides an explanation acceptable to the MRO that the positive drug-test result is due to factors other than the consumption of illicit drugs, the MRO will order the positive test result to be disregarded and will report the test as negative. Please note that the use of “medical marijuana” is not considered a legitimate explanation for a positive drug test, as such use is illegal as a matter of federal law.
Applicants whose urine drug test is reported as negative, but dilute, may be asked to submit another specimen for testing. If the second specimen collected is a urine specimen, a second dilute test result will be treated as a refusal to test. A second test using an alternative specimen may also be required.
Individuals may request or in some locations will be automatically provided with a copy of their own positive test result. In addition, an individual who tests positive for drugs may request that his or her remaining or split sample be sent to an independent certified laboratory for a second confirmatory test at the individual’s expense. Such requests must be in writing and received by Bluegreen Vacations Corporation within 7 days of the date the applicant is notified of the positive test result. If the remaining sample does not reconfirm the presence of an illegal drug, that test will be treated as the official test result and Bluegreen Vacations Corporation will reimburse the applicant for the cost of the re-test.
Confidentiality – All records relating to positive test results and medical information revealed to Bluegreen Vacations Corporation and/or its MRO shall be kept, confidential and disseminated to Bluegreen Vacations Corporation and its agents associated with the testing process only on a need-to-know basis. Test results will not be released outside the Company without the written consent of the tested individual, except in connection with a grievance action, administrative proceeding, or court claim involving the applicant, or as otherwise may be required by law or legal process.
Refusals to Test – Attempts to tamper with, substitute, adulterate, dilute or otherwise falsify a test sample are considered refusals to submit to a test. Failure to appear at the drug testing facility promptly after being asked to submit to a test is also considered a refusal.
Compliance With All Applicable Laws – Bluegreen Vacations Corporation will implement this Policy in a manner that complies with relevant federal, state, and local law.
Exceptions to this policy will be handled on an individual basis, and require the approval of the Chief Human Resources Officer. The Chief Human Resources Officer will be the administrator of this policy and in his or her sole discretion shall interpret this policy and determine an associate’s rights under this policy. The Company may delegate part or all of the administrator’s duties to such persons as it deems appropriate. The Company reserves the right to terminate or amend this policy at any time.