Impairment Testing Policy
Last updated February 22, 2023
HopSkipDrive, Inc. and Kidlivery, LLC (collectively, the “Company”) enforce a strict Zero-Tolerance Policy against the use, possession, or being under the influence of drugs or alcohol while using the HopSkipDrive Platform. The use of illegal drugs and alcohol misuse by CareDrivers while using the HopSkipDrive Platform are not only a violation of Transportation Network Company regulations and the HopSkipDrive Zero-Tolerance Policy, but are also inconsistent with the commitment of HopSkipDrive to provide a safe and secure environment for all users of the HopSkipDrive Platform, as well as the general public. CareDrivers who use illegal drugs and misuse alcohol may have increased accidents and injuries, and decreased ability to care for riders – both of which materially impact the essential functions of a CareDriver. Equally important, the use of illegal drugs and alcohol misuse can also result in a number of personal health and behavioral problems.
This policy applies to all CareDrivers. CareDrivers must comply with this policy as a condition of their ability to access the Company’s Platform. This policy is effective October 17, 2019 and supersedes any prior policy as well as any other written or oral statements or representations by the Company that are inconsistent with the policy. The Company reserves the right to revise, supplement or rescind this policy in its discretion in accordance with the requirements of applicable law or for any other lawful reason. This policy does not restrict in any way the Company’s discretion to terminate a CareDriver’s access to the Platform for any or no reason at all.
• “Adulterated specimen” means a specimen that has been altered, as evidenced by test results showing either a substance that is not normally present in the specimen or showing an abnormal concentration of a substance that is normally present in the specimen.
• “Alcohol” means the intoxicating agent in beverage alcohol or any low molecular weight alcohols such as ethyl, methyl or isopropyl alcohol. The term includes beer, wine, spirits and medications such as cough syrup that contain alcohol.
• “Dilute specimen” means a urine specimen that has creatinine and specific gravity values that are lower than expected for human urine.
• “CareDriver Vehicle” means the approved vehicle owned, leased, or rented by the CareDriver for use in operating on the HopSkipDrive Platform.
• “Illegal drugs” mean all controlled substances, designer drugs, synthetic drugs, and other drugs that are not being used or possessed under the supervision of a licensed health care professional or that are not being used in accordance with the licensed health care professional’s prescription or whose use or possession is unlawful under the federal Controlled Substances Act. (Controlled substances are listed in Schedules I-V of 21 U.S.C. § 812 and 21 C.F.R. Part 1308.)
• “HopSkipDrive Platform” means, collectively, any HopSkipDrive website, mobile applications (each, an “Application”), content, products, and related services.
• “Inhalants” mean volatile solvents, aerosols, gases and nitrites, such as paint thinners or removers, gasoline, lighter fluid, butane lighters, glue, hair or deodorant sprays, nitrous oxide, or other similar substances that are inhaled intentionally to produce feelings of intoxication, euphoria or stupefaction.
• “Medical Review Officer” is a licensed physician who has knowledge, training, and clinical experience regarding substance abuse disorders and who will, among other things, review CareDrivers’ positive drug test results and evaluate any medical explanations for such results.
• “Refuse to cooperate” means refusing to take a drug or alcohol test, not promptly proceeding directly to a collection site when told to do so, failing to remain at a testing site until the testing process is complete, attempting to provide or providing an adulterated or substituted specimen, failing to provide sufficient specimens, failing to sign testing and other required forms, and any other conduct that disrupts or interferes with the collection and testing process.
• “Substituted specimen” means a urine specimen that has creatinine and specific gravity values that are so diminished or divergent that they are not consistent with human urine.
• “Test positive for alcohol” means to take an alcohol test that results in an alcohol concentration of .04 or more.
• “Test positive for drugs” means to take a drug test that results in a concentration of marijuana, cocaine, opiates, amphetamines, or phencyclidine, or their metabolites, that is equal to or exceeds the cutoff levels that are established by the Company and its service agents.
• “Under the influence” means to test positive for drugs or alcohol or a CareDriver’s actions, appearance, speech or bodily odors that reasonably cause the Company to conclude that the CareDriver is impaired because of illegal drug use or alcohol or inhalant misuse.
In accordance with regulations pertaining to Transportation Network Companies, whenever CareDrivers are performing services through use of the HopSkipDrive Platform, they are prohibited from:
• using, possessing, buying, selling, manufacturing, distributing, dispensing or transferring illegal drugs or drug paraphernalia;
• being under the influence of illegal drugs, alcohol, or inhalants;
• possessing or consuming alcohol; and
• using inhalants.
CareDrivers should drive free of any adverse effects of illegal drugs, alcohol, or inhalants in order to ensure a safe ride and comply with regulations pertaining to Transportation Network Companies and the HopSkipDrive Zero-Tolerance Policy.
Marijuana is an illegal drug under U.S. federal law and this policy. The use of marijuana will not be considered a legitimate medical explanation by the Company and any Medical Review Officer (“MRO”) for a positive drug test result for marijuana, except to the extent required by applicable law. In addition, the Company will not accommodate CareDrivers’ use of medical marijuana while using the HopSkipDrive Platform, except to the extent required by applicable law.
This policy does not prohibit CareDrivers from the lawful possession and use of over-the-counter and prescribed medications. CareDrivers have the responsibility to consult with their doctors or other licensed medical practitioners about the effect of over-the-counter and prescribed medications on their ability to drive in a safe manner, and to promptly disclose any restrictions to the CareDriver Community Team. CareDrivers should not, however, disclose underlying medical conditions, impairments or disabilities to the CareDriver Community Team unless specifically directed to do so by their doctors or other licensed medical practitioners.
1. Reasonable suspicion: CareDrivers are subject to drug and/or alcohol testing if the Company reasonably suspects them of using, possessing, or being under the influence of alcohol or illegal drugs while they are performing services through use of the HopSkipDrive Platform.
2. Post-accident: CareDrivers are subject to drug and/or alcohol testing when the Company reasonably believes they may have contributed to or caused an accident while driving on the HopSkipDrive Platform that results in a fatality or an injury to a person or damage to the CareDriver vehicle or other property. CareDrivers must notify the CareDriver Community Team as soon as safely possible after any accident, even if it does not result in a fatality, serious injury to a person, or significant damage to Company vehicles, machinery, equipment, or property.
SUMMARY OF ALCOHOL COLLECTION AND TESTING PROCEDURES
Except where precluded by applicable state law, the Company will follow the general collection and testing procedures set forth below:
1. CareDrivers subject to alcohol testing will be required to sign a written consent form in which they consent to and authorize testing.
2. CareDrivers shall be sent or transported to a Company designated collection site where they shall be required to verify their identity and cooperate in the site’s normal specimen collection procedures.
3. The collection and testing will be conducted, in private, by a trained technician who will use approved testing devices and testing forms. Chain of custody procedures shall be maintained from collection to the time specimens may be discarded to ensure proper identification, labeling, record-keeping, handling and testing of specimens.
4. A screening test will be conducted first. If the CareDriver’s screen test result is less than .02, the CareDriver will have passed the test.
5. If the CareDriver’s measured alcohol concentration is .02 or more, the CareDriver shall be required to take a confirmation test. The results of the confirmation test, not the screen test, are determinative. If the CareDriver’s confirmation test result is less than .04, the CareDriver will have passed the test. If the CareDriver’s confirmation test result is .04 or more, the CareDriver will have tested positive for alcohol.
6. The technician will notify the Company of the CareDriver’s test results in a confidential manner. The Company will notify CareDrivers in writing of their test results.
SUMMARY OF DRUG COLLECTION AND TESTING PROCEDURES
Except where precluded by applicable state law, the Company will follow the general collection and testing procedures set forth below:
1. CareDrivers subject to drug testing will be required to sign a written consent form in which they consent to and authorize testing.
2. CareDrivers shall be sent or transported to a Company designated collection site where they shall be required to verify their identity and otherwise cooperate in the site’s normal specimen collection procedures. CareDrivers will have the opportunity to disclose any over-the-counter or prescribed medications that they are using or have recently used, or any other information, medical or otherwise, that they think may be relevant to the testing.
3. Specimens shall be collected, in private, by a trained collection site person who will use approved collection containers and custody and control forms. Chain of custody procedures shall be maintained from collection to the time specimens may be discarded to ensure proper identification, labeling, recordkeeping, handling and testing of specimens.
4. Collected specimens shall be tested by a certified laboratory. The laboratory shall test specimens for marijuana, cocaine, opiates, amphetamines, and phencyclidine (and such other controlled substances as may be dictated by the circumstances in accordance with the requirements of applicable law). The laboratory shall first conduct a screen on the specimen. If the screen test is negative, the laboratory will report to the Company that the CareDriver has passed the drug test. If the screen test is positive, the laboratory will analyze the CareDriver’s specimen using gas chromatography/mass spectrometry. The laboratory will send the test results to the Medical Review Officer (“MRO”) located at the drug testing laboratory.
5. If a CareDriver has a confirmed positive, adulterated, substituted or invalid drug test result, the MRO will contact the CareDriver by telephone at the numbers listed on the custody and control form. CareDrivers should promptly cooperate with the MRO.
6. The MRO shall advise the Company if a CareDriver has passed or failed the test, refused to cooperate, if a specimen is dilute, or if a test should be canceled. If the MRO determines that there is a legitimate medical explanation for a positive, adulterated, or substituted test result, the MRO will report a negative test result to the Company. If the CareDriver does not provide a legitimate medical explanation for a positive test result, the MRO will verify the test result as positive. If the CareDriver does not provide a legitimate medical explanation for an adulterated or substituted test result, the MRO will report to the Company that the CareDriver has refused to take a drug test. Invalid test results will be canceled and, depending on the circumstances, may subject the CareDriver to additional testing.
7. The Company (or one of its service agents) will notify CareDrivers in writing of their test results.
8. The Company (or one of its service agents) shall advise CareDrivers of their rights, if any, to have their same specimens retested or their split specimens tested by a certified laboratory.
COST AND FEES
1. Company will arrange transportation for the CareDriver to the collection site designated by HopSkipDrive and pay reasonable costs associated with such transportation.
2. CareDrivers subject to drug and/or alcohol testing pursuant to this policy are responsible for all costs associated with the testing, including any and all collection and testing fees imposed by the laboratory. HopSkipDrive agrees to reimburse a CareDriver whose test results are negative.
3. CareDrivers submitting to testing are responsible for ensuring that their vehicles are parked in a secure and legal location. Company shall not be responsible for any costs or fees associated with parking, towing, tickets, impounding, or any other costs resulting from the parking or stowing of the CareDriver’s personal vehicle.
RECORDS AND CONFIDENTIALITY
Information and records relating to test results and other medical information shall be kept confidential and maintained in confidential files. Such records and information may be disclosed to CareDrivers, any third party designated in writing by a CareDriver, the MRO, to and among the Company’s supervisors on a need to know basis, where relevant to the Company’s defense in a grievance, arbitration, administrative proceeding, lawsuit or other legal proceeding, or as required or otherwise permitted by law.
As this addendum explains, the Company will administer its Drug and Alcohol Policy in accordance with Maryland law. Specifically, the Company will ensure that:
• On-site screening tests approved by the FDA are permitted only for pre-engagement purposes;
• Hair specimens may be used for pre-engagement testing only;
• Blood, saliva and urine specimens may be used for all types of tests;
• After the Company receives notice of a CareDriver’s confirmed positive drug or alcohol test results, the Company’s MRO will provide the CareDriver, either in person or by certified mail within thirty (30) days from the date of the test, with: (1) a copy of the test results; (2) a copy of the Company’s Drug and Alcohol Policy; (3) notice of the CareDrivers’s right to request a retest of his/her original specimen(s), at his/her expense, by a certified laboratory; and, if applicable, (4) notice of the Company’s intent to take action or terminate the CareDriver’s access to the Company’s platform; and
• CareDrivers who have positive results may request, at their expense, that an independent test be performed on their original specimens by notifying the Company’s MRO and the laboratory of their challenge to the confirmed test results and requesting the laboratory to submit a sufficient portion of their original specimens to a different certified laboratory chosen by the CareDriver.
If you have any questions, you should contact the CareDriver Community Department.
SAN FRANCISCO ADDENDUM
As this addendum explains, the Company will administer its Drug and Alcohol Policy in accordance with the San Francisco ordinance. Specifically, the Company will ensure that:
• CareDrivers shall not be subject to on-site testing;
• CareDrivers are subject to “cause” or reasonable suspicion testing only if the Company has reasonable grounds to believe that a CareDriver’s faculties are impaired on the job and such impairment presents a clear and present danger to the physical safety of the CareDriver, another CareDriver, or the public; and
• CareDrivers shall not be subject to pre-placement drug and/or alcohol testing.
If you have any questions, you should contact the CareDriver Community Team.
CERTIFICATE OF RECEIPT
I certify that I have received a copy of HopSkipDrive’s Drug and Alcohol Policy, which sets forth the Company’s policy and procedures regarding alcohol misuse and illegal drug use by CareDrivers. I have been told to read the policy and to contact the CareDriver Community Department if I have any questions.
I understand that:
• My compliance with the policy is a condition of my access to the Company’s platform;
• I am subject to mandatory drug and alcohol testing under the policy; and
• I will be subject to appropriate action up to and including termination of my access to the Company’s platform and other appropriate conditions as determined by the Company if I refuse to cooperate in a drug or alcohol test, test positive for drugs or alcohol, or otherwise violate the policy.
AUTHORIZATION FOR RELEASE OF INFORMATION
I am a CareDriver for HopSkipDrive, and have consented to and taken a drug and/or alcohol test(s).
I freely, voluntarily and knowingly authorize the laboratory selected by Company to disclose my test results and related information to the Company and its Medical Review Officer (“MRO”), including the test results (negative, positive, dilute, refusal to test, or test cancelled); the date of the result(s); if positive, the drug(s)/metabolite(s) for which the test was positive; if cancelled, the reason for the cancellation; and for refusals to test (adulteration or substitution), the reason for the refusal determination. I also freely, voluntarily and knowingly authorize my test results to be used by the Company and its MRO for the purpose of determining whether the Company will continue to allow me access to the Company’s platform.
This authorization is valid throughout my use of the HopSkipDrive Platform. I understand that I may revoke or modify this authorization by providing written notice to the laboratory selected by HopSkipDrive. I also understand that I may, upon request to the Company, receive a copy of this authorization.
By executing this form, I release and hold harmless the Company, and its directors, officers, and agents from any and all liability that may arise due to the disclosure of information and documentation as authorized herein.