Workplace Compliance
Equal Employment Opportunity/Affirmative Action Policy
At Woodborn, we have a welcoming culture. Employment decisions at Woodborn will solely be based on merit, qualifications, and abilities.
This policy governs all aspects of employment including, but not limited to, recruiting, hiring, job assignment, promotion, transfer, termination, rates of pay, other compensation, discipline, social programs, and access to benefits and training.
Woodborn is committed to the policy to not discriminate in employment opportunities or practices since race, color, religion, creed, gender identity, sexual orientation, marital or parental status, height, weight, national origin, citizenship status, age, arrest record, genetic information, military or veteran status, disability, or any other characteristic protected by law. In addition to federal law requirements, Woodborn is committed to complying with all applicable state and local laws governing nondiscrimination in employment in every location and facility. Persons with qualified disabilities may refer to our ADA (Americans with Disability Act) and ADAAA (Amendments Act) policies regarding reasonable accommodations provided by Woodborn.
As part of our equal employment opportunity policy, Woodborn is committed to foster the full realization of equal economic opportunity at all levels and in all sectors of Team members and, therefore, has given full authority to the CEO to comply and forcefully promote an affirmative action program. As called for by applicable laws and Executive Orders, Woodborn will take appropriate actions to ensure that minority group individuals, females, disabled veterans, recently separated veterans, other protected veterans, Armed Forces service medal veterans, and qualified disabled persons are introduced into our workforce and considered for promotions.
Woodborn endeavors to prohibit any form of discrimination under any circumstances. If any Team member has questions or concerns about any type of discrimination in the workplace, he or she is encouraged to use our policy of direct and open communication and bring the concern to his or her immediate manager or the CEO. Team members can raise concerns, file reports, oppose unlawful practices, exercise other protected legal rights, and assist in investigations without fear of reprisal, discrimination, or termination.
All Equal Employment Opportunity (EEO) and Affirmative Action Program (AAP) claims will be properly investigated, as dictated by law. In order to ensure an appropriate and timely investigation, Woodborn will fully cooperate with the appropriate agencies of the federal, state, and city governments in fulfilling their legal and moral obligation in all areas of interest. Pending results of said investigation, any Team member found to be engaging in any type of discrimination will be subject to disciplinary action, up to and including termination of employment.
It is the responsibility of every manager with the authority to hire, terminate, promote, demote, lay off, or discipline Team members, including all site managers, to be familiar and comply with our EEO and AAP policies. It is the responsibility of the CEO or designee to educate all Team members of these policies, record all infractions and investigations, and monitor Woodborn dedication against discrimination.
HIPAA Compliance
Woodborn is committed to maintaining and protecting the confidentiality of our Team member’s personal information. In accordance, Woodborn is fully compliant with both the Privacy Rule and the Security rule as established through the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Based on this law, certain health information pertaining to Team members is privatized and safeguarded, both in its electronic and paper form. For further information regarding the exact privatized information, please contact the CEO or designate.
For further information regarding Team member privacy, please refer to the designated section in the Team member Guidebook. Team members are encouraged to raise questions and concerns regarding Woodborn HIPAA compliance to the CEO or designate.
Genetic Nondiscrimination Act
Woodborn is committed to complying with all state and national laws governing for-profit companies, which includes abiding by the Genetic Information Nondiscrimination Act (GINA) established in 2008.
Under Title II of GINA, it is illegal for employers to make employment decisions based on information derived from genetic tests. Additionally, Title II of GINA prohibits employers from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.
The EEOC, with assistance of the Departments of Labor, Health and Human Services and the Treasury, have the responsibility of both issuing regulations GINA and monitoring compliance.
Team members are encouraged to raise questions and concerns regarding Woodborn GINA compliance to the CEO or designee.
Americans with Disabilities Act (ADA) and Amendments Act (ADAAA)
The Americans with Disabilities Act (ADA) and the American with Disabilities Amendments Act (ADAAA) are federal laws that prohibit employers with 15 or more team members from discriminating against applicants and individuals with disabilities and that when needed provide reasonable accommodations to applicants and Team members who are qualified for a job, with or without reasonable accommodations, so that they may perform the essential job duties of the position. It is the policy of Woodborn to comply with all federal and state laws applicable to it concerning the employment of persons with disability and to act in accordance with the regulations and guidance issued by the EEOC. Furthermore, it is our company policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, termination, compensation, training or other terms, conditions and privileges of employment.
Woodborn will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job unless doing so causes a direct threat to these individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation and/or if the accommodation creates an undue hardship to Woodborn. Contact the CEO or designate with any questions or requests for accommodation.
Immigration Law Compliance
Woodborn commits to employ only United States citizens and non-US citizens who are authorized to work in the United States.
In compliance with the Immigration Reform and Control Act of 1986, each new Team member, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former Team members who are rehired must also complete the form if they have not completed an I-9 with Woodborn within the past three years, or if their previous I-9 is no longer retained or valid.
Team members will have their employment status verified through E-verify (system used by the Department of Homeland Security, the Social Security Administration, and the Department of State). We encourage Team members with questions or who seek more information on immigration law issues to contact the CEO or designate. Team members may raise questions or complaints about immigration law compliance without fear of reprisal.
Lactation/Breastfeeding
Woodborn recognizes the difficulties of returning to work for new mothers, and therefore is dedicated to making the transition as seamless as possible. For up to one year after a child’s birth, any Team member who is breastfeeding her child will be provided reasonable break times as needed to express breast milk. Woodborn will designate a room for this purpose, per applicable state laws.
Refrigerator space will be available for the storage of breast milk. Any breast milk stored in the refrigerator must be labeled with the name of the Team member and the date of expressing the breast milk. Any nonconforming products stored in the refrigerator may be disposed of. Team members storing milk in the refrigerator assume all responsibility for the safety of the milk and the risk of harm for any reason, including improper storage, refrigeration or tampering.
Nursing mothers wishing to use a room must request/reserve the room by contacting their manager, or the CEO or designee. Team members who work off-site or in other locations will also be accommodated with a private area as necessary.
For any questions or concerns regarding breastfeeding during work hours, Team members should contact the CEO or designee.
Communication and Reporting
Each Team member is expected to obey safety rules, to exercise caution in all work activities, and act responsibly to contribute to a safe work environment by using safe practices. Team members must immediately report any unsafe or unhealthy act or condition to the appropriate the CEO or designate. Team members who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations, may be subject to disciplinary action, up to and including termination of employment. Further, Team members at all levels of Woodborn are expected to correct unsafe conditions as promptly as possible.
In case of accidents that result in injury, regardless of how insignificant the injury may appear, Team members should, within 12 hours, notify the CEO or designate. Such reports are necessary to comply with laws and initiate insurance and worker’s compensation benefits procedures. In the event of an emergency, Team members are expected to notify the appropriate emergency personnel by dialing 911 for medical emergency services.
Use of Equipment and Vehicles
While more specific measures for complying with the safety standards are communicated to Team members as part of the workplace safety program, Team members must comply with the following expectations and guidelines:
■ When using equipment and vehicles in providing services, Team members are expected to exercise care, perform required maintenance and follow all operating instructions safety standards and guidelines.
■ If any equipment, machines, tools or vehicles appear to be damaged, defective or in need of repair, Team members must notify their supervisor immediately. Prompt reporting of damages, defects, and the need for repairs could prevent deterioration of equipment possible injury to Team members or others.
■ The improper, careless, negligent, destructive or unsafe use or operation of equipment or vehicles, or the violation of any safety rules or safe work conduct is cause for disciplinary action up to and including immediate termination of employment.
Drugs and Alcohol
Woodborn is to maintain a drug-free, healthy, and safe workplace for all Team members. All Team members are required to adhere to Woodborn Drug + Alcohol Policy. Whenever working, present on company premises, conducting related work off-site, or in the presence of client representatives, all Team members are prohibited from:
■ Using, possessing, buying, selling, manufacturing or dispensing an illegal drug on a state or federal level (this includes any and all drug paraphernalia)
■ Being under the influence of alcohol, marijuana, or an illegal drug.
■ Misusing legal drugs or alcohol
■ Performing their duties while taking prescribed medications or other substances for medical purposes that adversely affect the Team members’ ability to safely and effectively perform their job duties.
■ Team members taking a prescribed medication must carry it in a container labeled by a licensed pharmacist or be prepared to produce it if asked.
Notice of Use of Over the Counter or Other Lawful Medication
Team members who take over-the-counter medication or other lawful medication that can be legally prescribed under both federal and state law to treat a disability should inform the CEO or designate, if they believe the medication will impair their job performance, safety, or the safety of others or if they believe they need a reasonable accommodation before reporting to work while under the influence of that medication.
Required Testing
Team members may be tested for their use of controlled substances. The substances covered by testing include amphetamines, barbiturates, benzodiazepines, opiates, cannabinoids, cocaine, methadone, methaqualone, phencyclidine (PCP), propoxyphene, and chemical derivatives of these substances. Any and all alcoholic use is also prohibited. Team members must advise the testing lab of all substances described above taken in the past month before the test, and, if such substance is subject to a prescription or a license, to be prepared to show proof of such prescription or license. Team members working under Department of Transportation (DOT) guidelines may be subject to more rigorous testing.
Periodic Random Testing: Woodborn reserves the right to conduct periodic testing on a regularly scheduled basis for any Team member from designated departments, classifications, and work groups.
Pre-Employment: All applicants may take a drug test before beginning work with Woodborn. Refusal to submit to testing will result in disqualification of further employment consideration. In certain circumstances, a drug screen retest may be required.
Reasonable Suspicion: Team members are subject to testing based on an observation by a manager or other person in authority has a reasonable suspicion, based on objective factors such as the Team member’s appearance, speech, behavior, or other conduct and facts, that the Team member possesses or is under the influence of unlawful drugs, such as marijuana, or alcohol or both. Before the Team member can be sent for testing, the Team member’s manager must consult the CEO or designate.
Post-Accident: In the event that a Team member has been involved in an incident that has caused property damage or an injury to him or herself or another person, he or she will be required to follow Woodborn drug testing procedure. This test will take place within 24 hours by a designated testing lab.
Testing Methods and Procedure
All testing will be paid for by Woodborn and conducted by a licensed independent medical laboratory, which will follow testing standards established by the State or Federal government, including providing samples of bodily fluids under procedures governing supervision to ensure they are untainted. Team members will be considered to be engaged at work for the time spent in taking any tests and will be compensated for such time at their regular rate.
Refusal to Undergo Testing: Team members who refuse to submit to a test are subject to immediate termination.
Positive Test: Team members who have tested positive, or otherwise violated this policy, will be temporarily suspended while the confirmation test is being conducted. On receipt of the confirmation test, the Team member will be subject to disciplinary action, up to and including termination. Discipline selected by Woodborn will depend on a variety of factors, including the prior work record of the Team member; the length of prior employment; the prior accident and attendance record of the Team member; the circumstances which led to the testing; and the proposals by the Team member to address the problem. If a Team member's test results in a diluted negative, they will be retested within 24 hours upon notice of a retest request.
Right to Explain Test Results: All Team members and applicants have the right to meet with the CEO or designate to explain their test results. These discussions shall be considered confidential under HIPPA. Direct Managers and the officers will not be made aware of the details of the test results, only the results will be communicated.
Retesting: Team members may request a retest of their positive test results, within three working days after notification by Woodborn of such positive test result. This retest is at the expense of the Team member, unless the original test result is called into question by the retest. If the Team member believes that the positive test result was affected by a lawful or prescribed substance, the Team member must provide the necessary information to the lab within three business days. Once Woodborn has received the results of the retest, the Team member will be notified of their employment status. Woodborn maintains the discretion to terminate a Team member who tests positive, irrespective of the retesting r. lts.
Termination of Employment
Termination of employment will result in the following circumstances:
■ Where a Team member is found to be in violation of this policy.
■ Where a Team member has been tested for alcohol or drugs under any method described in this policy and positive results have been obtained.
■ Refusal to submit to a drug or alcohol test requested in accordance with this policy and/or to execute the necessary forms including consent form.
■ Failure to report for testing at the designated laboratory within one hour, if possible, of the request.
■ In the event extenuating circumstances exist in a post-accident situation, the amount of time to report and to be tested can be extended by the CEO or designate.
■ If a Team member tests positive for drugs or alcohol and Woodborn decides in its sole discretion that there are extenuating circumstances not to terminate the relationship, employment may only be continued under the terms prescribed by Woodborn.
Treatment, Termination, and Rehire
Woodborn maintains the discretion to terminate from employment any Team member who tests positive, irrespective of whether the Team member agrees to enter into an authorized treatment program. Additionally, Woodborn may decide to allow the Team member to stay on only after the Team member has agreed to enter an authorized treatment program that has been approved by Woodborn. Said Team member must also agree to substantial retesting for a minimum of one year but not more than two years after returning from treatment.
Violence Prevention
Woodborn has a zero-tolerance policy when it comes to violence in the workplace. All threats of (or actual) violence, both direct and indirect and by Team members or other persons, should be reported as soon as possible to an immediate manager or the CEO. Any Team member determined to be responsible for intimidation, harassment, or other threats of (or actual) violence will be subject to swift disciplinary action up to and including termination of employment.
All Team members, including managers and temporary Team members, should be treated with courtesy and respect at all times. Team members are expected to refrain from fighting, “horseplay,” or other conduct that may be dangerous to others. Conduct that threatens, intimidates, or coerces another Team member, manager, customer, or member of the public at any time, including off-duty periods, is strictly prohibited and extends to all forms of harassment.
Team members are encouraged to bring their disputes or differences with other Team members to the attention of their managers and the CEO or designate before the situation escalates into potential violence. This includes threats by Team members, as well as threats by customers, vendors, solicitors, or other members of the public. When reporting a threat of violence, it is important to be as specific and detailed as possible. Woodborn is eager to assist in the resolution of Team member disputes.
Woodborn will promptly and thoroughly investigate all reports of threats of (or actual) violence and of suspicious individuals or activities. The identity of the Team member making a report will be protected as much as is practical. Woodborn may suspend Team members, either with or without pay, pending investigation.
Further, all suspicious individuals or activities should also be reported as soon as possible to a manager. Team members are not to place themselves in peril. If a Team member sees or hears a commotion or disturbance near their workstation, they should not try to intercede or see what is happening. If the situation is determined to be severe enough, Team members should contact emergency services and authorities.
If a Team member feels that their job requires them to perform their duties in an unsafe area, they should not go. They should immediately speak to their manager or CEO or designate, and security will be arranged for the Team member.
Safe Driving
The safety and well-being of our Team members is of critical importance to Woodborn. We therefore each have a responsibility to not only protect ourselves when on the road but also should do our part to protect those around us.
Team members that are required to drive on company business at any time, whether in a company or personal vehicle, will be expected to consistently follow all the procedures below:
■ Wear seat belts at all times while in a moving vehicle being used for company business, whether they are the driver or a passenger.
■ Use of handheld cell phones, whether personal or business-owned, is strictly prohibited. Although use of cell phones under any circumstances is strongly discouraged while driving, the use of hands-free technology may be warranted in unusual or emergency circumstances.
■ Engaging in other distracting activities including, but not limited to, eating, putting on makeup, reading or changing radio stations or music, is also strongly discouraged while driving, even when in slow-moving traffic.
■ Use of alcohol, drugs (including marijuana) or other substances, including certain over-the-counter cold or allergy medications that in any way impair driving ability, is prohibited.
■ Follow all driving laws and safety rules such as adherence to posted speed limits and directional signs, use of turn signals and avoidance of confrontational or offensive behavior while driving.
■ Do not allow anyone to ride in any part of the vehicle not specifically intended for passenger use and/or any seat that does not include a working seat belt.
■ Whenever Team members are operating any company vehicle, they are prohibited from using, possessing, buying, selling, manufacturing or dispensing any illegal drugs (including possession of drug paraphernalia).
■ Possession of dangerous or unauthorized materials, such as explosives or firearms is prohibited.
While driving a personal or rented vehicle for company related business, Team members will be expected to obtain the coverage and maintenance qualifications listed below:
■ Your personal Auto Liability insurance is the primary payer. Below outlines the minimum insurance requirements necessary.
■ At least $500,000 per occurrence of liability coverage must be held. Evidence of insurance coverage is to be provided to the company each year, or upon change in coverage, by a copy of your policy’s Declaration page of Certificate of Insurance.
■ You must carry your own collision and comprehensive coverage.
■ It is the driver’s responsibility to have the scheduled maintenance performed on the vehicle and all related equipment to ensure maximum vehicle performance for safety, operating efficiency and extended life of vehicle.
In the event that a Team member is involved in an accident while on company business, whether in a company or personal car, they will be expected to follow all the procedures below:
When an accident involves another vehicle, obtain the following information:
■ Driver’s name (and owner’s name if different from the driver)
■ Address
■ Telephone number
■ Name of insurance company and policy number
■ VIN, vehicle year, make and model
■ Vehicle license plate number
If possible, obtain names, addresses and telephone numbers of any witnesses, including name, badge number, department name and address of any investigating law enforcement agency.
■ Identify yourself and show your driver’s license and insurance identification card. Do not discuss the company’s insurance policy. Do not assume the blame for the accident and, above all, do not agree to any settlement.
■ Cooperate with the investigating law enforcement officers. Answer their questions factually and avoid commentary beyond that.
■ Note if there are any injuries reported by anyone involved in the accident.
■ It is your responsibility to notify any state and/or local agency (police, etc.) of the accident and to file the appropriate written report as required by state law, in addition to notifying company management as soon as possible.
■ If an adjuster or any other representative from the other driver’s insurance company contacts you for a statement (either written or recorded), refer that person to company management.
■ Alert CEO or designate within 24 hours of the incident and all involved information.
*Note: If you are found to be under the influence of drugs or alcohol at the time of the accident, regardless of whether you are found at fault or not, your employment may be terminated.
In the event of an accident where it is determined that the Team member is at fault, Woodborn will investigate each incident on a case-by-case basis to determine financial responsibility.
Team members in violation of the company vehicle use policy will be subject to disciplinary action, up to and including termination.
Workers’ Compensation
Woodborn provides a comprehensive workers’ compensation insurance program at no cost to Team members. This program covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment. Subject to applicable legal requirements, workers’ compensation insurance provides benefits immediately.
Team members who sustain work-related injuries, no matter how minor, or illnesses must inform their manager or CEO.
Neither Woodborn nor the insurance carrier will be liable for the payment of workers’ compensation benefits for injuries that occur during a Team member’s voluntary participation in any off-duty recreational, social, or athletic activity sponsored by Woodborn.