Last updated October 13, 2020
DRUG AND ALCOHOL POLICY & TESTING STATEMENT:
This policy applies to all Drive Team Members (further known as DTM[s]. DTMs must comply with this policy as a condition of their ability to access the JumpRydz platform. As part of JumpRydz commitment to safeguarding the health of all users, being in a “safe space'' is top priority. If any DTM engages in the use or abuse of alcohol, drugs, other controlled substances, or inhalants it can violate and disturb the safe space and JumpRydz will immediately deactivate his/her account on the JumpRydz platform.
In implementing and enforcing this policy, JumpRydz may test DTMs for the presence of drugs and/or alcohol. In the absence of state or federal law to the contrary, the following shall apply:
a. Alcohol or alcoholic beverage – means any beverage that has an alcoholic content in excess of .5% by volume.
b. Drug – means any substance (other than alcohol) capable of altering the mood, perception, pain level, or judgment of the individual consuming it and/or the metabolite of any such substance.
c. Prescribed drug – means any controlled substance prescribed for the individual consuming it by a licensed medical practitioner. Controlled substance means that distribution of a substance (usually a drug) is subject to regulation by state or federal law (i.e., it can only be prescribed by a licensed medical practitioner).
d. Illegal drug – means any drug or controlled substance, the sale or consumption of which is illegal.
e. Specimen – means urine, blood, breath, saliva, or hair. f. Inhalant – means any glue, paint, aerosol, anesthetic, cleaning agent, solvent, or other substance that, when inhaled or ingested, will cause a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses and that contains chemicals including, but not limited to: toluene, xylene; hexane; acetone; methylene chloride; methanol; Freon(s); benzene; (iso) amyl nitrite; (iso) butyl nitrite; (iso) propyl nitrite; N-butyl nitrite; butane; propane; fluorocarbon, hydrocarbons; ethyl chloride; nitrous oxide; halothane; tetrachloroethylene; trichloroethane; trichloroethylene.
f. DTM – Drive Team Member; a user as an independent contractor that has an approved vehicle to provide transportation services on the JumpRydz Platform
g. JumpRydz platform or platform – means any website, mobile apps or related products owned by JumpRydz LLC
DRUG AND ALCOHOL TESTING
2. JumpRydz reserves the right to test for the presence of the following drugs and alcohol at the levels indicated on the following chart:
DRUG CLASS URINE – NG/ML HAIR – NG/GM Alcohol 0.04% - Amphetamine/Methamphetamine 1,000 500 Barbiturates 200 - Benzodiazepines 200 - Cocaine Metabolite 300 500 Marijuana Metabolite 50 5 Methadone 300 - Methaqualone 300 - Opiates 300 500 Phencyclidine (“PCP”) 25 300 Propoxyphene Metabolite 300 –
3. Any individual whose test result indicates the presence of alcohol or drugs at or above the levels shown in any of the classes of drugs listed above will be considered to have a positive test.
4. No prescribed drug shall be brought/used by any person other than the person for whom the drug is currently prescribed by a licensed medical practitioner and shall be used only in the manner, combination, and quantity prescribed.
5. JumpRydz will not tolerate use, possession, or distribution of illegal drugs or alcohol or the abuse of inhalants while using the platform. These are grounds for immediate deactivation.
6. The illegal use, sale, trade, or delivery of a drug or controlled substance or the illegal possession of the same are also grounds for immediate deactivation.
7. At the request of JumpRydz, based on reasonable suspicion or evidence of illegal sale, possession, or use of controlled substances, DTMs must submit to a search of items within the vehicle used while using the JumpRydz platform.
8. Applicant Testing: All persons who seek a DTM position may be required to submit to drug testing only after a conditional offer of employment has been made. Collection sites, laboratory locations, the Medical Review Officer (“MRO”), and record keeping will all follow the guidelines set forth in this policy.
9. DTM Testing: All DTMs may be required to submit to testing under the specific guidelines described in the Drug and Alcohol Testing Policy. a. Post-Accident Testing: Drug and/or alcohol testing, concurrent with treatment for injury or as soon as practicable after non-injury property damage, will be required if the DTM: (1) Has sustained a personal injury or caused a rider or any other person to be injured or (2) Has caused a work-related accident or was operating or helping to operate machinery, equipment, or a vehicle involved in a work-related accident or in damage to property. b. Reasonable Suspicion Testing: Drug and/or alcohol testing may be required if JumpRydz has a “reasonable suspicion,” based on specific facts and rational inferences from those facts, that an DTM: (1) Is under the influence of drugs or alcohol or (2) Has violated JumpRydz policies against the use, possession, sale, or transfer of drugs, alcohol, or inhalants. c. Random Testing: At the discretion of JumpRydz, DTM’s may be required to participate in random, spot-check drug screens. Drug tests are unannounced and every DTM has an equal chance of being selected for testing. d. Return-to-Duty/Follow-Up Testing: JumpRydz may conduct follow-up testing as permitted and/or required by law. Any positive test during this period may result in termination without notice.
10. Testing Procedures: a. Testing of DTMs must be conducted within 24hrs of the said incident or random announcement. DTMs will not be compensated for this time. b. JumpRydz may use Breathalyzers or other testing procedures to detect alcohol use or influence by DTMs while on duty. If alcohol use or impairment is suspected, an DTM should be treated in the same fashion as other DTM subject to for-cause investigations. c. All DTMs who are requested to submit to testing will be directed to report to a laboratory selected by JumpRydz for the purpose of testing including, without limitation, providing a urine, blood, or hair specimen for testing. d. Specimen collection will be performed by the laboratory’s personnel and will be conducted in accordance with federal, state, and local requirements to guard the integrity of the specimens, maintain the chain of custody, and ensure the tests are treated as confidential and distribution limited to those having a “need to know.” e. Testing of the specimen will be performed by a certified laboratory. The method of initial testing used will be EMIT immunoassay. In the event the initial test results are positive, the laboratory will perform a second test on the same specimen to confirm the test results. The confirmation test method used will be GC/MS (gas chromatography/mass spectrometry). Except as otherwise provided in this policy, all initial and confirmation tests will be performed at the expense of the DTM. f. Positive test results will be reviewed by the laboratory’s MRO who will interpret and evaluate the test results together with the individual’s medical history and any other relevant information. DTMs will have the right to provide the MRO with any information the DTM believes may affect the outcome of the test. g. All test results will be reported to JumpRydz designee.
11. Confidentiality: a. All test results and related information will be maintained and treated as confidential by JumpRydz, with distribution limited to those having a “need to know.” b. Such records are property of JumpRydz, but may be made available to the DTM upon his or her request for inspection or copying. c. The testing laboratory will not disclose to JumpRydz any information revealed by the testing relating to the general health, pregnancy, or other physical or mental condition of the person tested or any other information if the disclosure is prohibited by federal, state, or local law.
12. Policy Violations and Consequences: a. DTMs who refuse to sign the Substance Abuse Screening Consent and Release or submit to testing or who adulterate, dilute, or otherwise tamper with a test specimen or have a positive test result that is confirmed in accordance with federal, state, and local rules and regulations will be immediately deactivated from the platform. b. Unless otherwise prohibited by law, any DTM who is deactivated is considered to have been terminated for misconduct. c. JumpRydz will not take any action under this policy in violation of the Americans with Disabilities Act, or any other law. d. DTMs who come forward to admit they have a substance abuse problem prior to JumpRydz initiation of investigative procedures may, at JumpRydz discretion, be granted temporary suspension on the platform for the purpose of obtaining appropriate counseling and treatment. DTMs who seek appropriate treatment may be conditionally reinstated to their previous status provided they undergo JumpRydz-approved substance abuse counseling/treatment at their own expense, maintain the preventive course of conduct prescribed by their drug and alcohol counselor and doctors, agree to random drug testing, and their work performance is not adversely affected by continued abuse of drugs and alcohol. e. Treatment for alcoholism and other drug addictions is regarded the same as treatment for any other illness or disability. Eligible DTMs may apply for these benefits in accordance with the terms of available coverage. f. DTMs who are granted the opportunity for treatment will have only one opportunity to complete counseling/treatment. DTMs who do not follow the prescribed preventive maintenance treatment by their drug counselor or engage in drug or alcohol use on the job will be permanently deactivated from the platform. Additionally, DTMs who use drugs or alcohol off the job that affects their job performance will be permanently deactivated.
13. Amendments: a. In accordance with federal, state, and local regulations, JumpRydz has the right to make changes to this policy at any time. b. If any part of this policy is determined to be void or unenforceable under state or federal law, the remainder of the policy, to the extent possible, remains in full force and effect.