Policy No.

Subject 126E

Effective Date:
01-01-00
Personnel
Policy Revised Date:
Drug Testing 7-1-2019

Page No.
1 of 6

Introduction
Kohl’s is committed to providing a safe and healthy workplace for all of our associates. The
use or influence of illegal drugs or abuse of controlled substances or alcohol can pose a
significant challenge to this commitment and negatively affect all of our associates.

Policy
Our commitment to a safe and healthy workplace will not be compromised. Any
applicant/associate who engages in illegal drug use may have a conditional offer of
employment rescinded except as prohibited by state law as more fully outlined below. Our
stance on the issue of illegal drugs is not focused on the moral issues of this problem, but
rather directed at eliminating the threat to health, safety and security of our valued associates
and our legitimate business interests. With these basic principles in mind, the following
detailed procedures have been established.

Procedure

• As part of the employment screening process, all new hire applicants and associates
being promoted and/or transferred into drug tested positions must review a copy of
Kohl’s Policy 126E Drug Testing and Kohl’s Policy 150 Alcohol and Substance Abuse.

o The applicant/associate must sign the Acknowledgement of Notice, Consent,

and Release Form. For applicants, this is done in Kohl’s Applicant Tracking
System (ATS). For existing associates, this is done with the Kohl’s AR-016E
Drug Testing Consent Form. If done with a paper form, the form must be
maintained in the associate’s medical file.

o Rehires are required to test if their separation from employment with the
company is greater than thirty (30) days; except that for residents of or
positions in Connecticut, rehires are required to test if their separation from
employment with the company is greater than twelve (12) months.

• The following positions will be required to submit to a drug test as a condition of

employment:

o Corporate: All associates and executives in the corporate Daycare, and Loss
Prevention locations.

o Distribution Centers: All associates and executives.

o If an associate is promoted or transferred into a position that requires a drug

test from a position that did not require a drug test, a drug test will be required
 Policy No.
Subject 126E

Effective Date:
01-01-00
Personnel
Policy Revised Date:
Drug Testing 7-1-2019

Page No.
2 of 6

at the time of promotion or transfer (associates in the state of Maine are

excluded from this requirement).

• Prior to sending an applicant for drug testing, a job offer must be made to the applicant
contingent on the results of the drug test. This process applies to any positions listed in
the Procedure Section of this policy.

o The applicant/associate must report for testing within forty-eight (48) hours after
the offer is accepted. If the applicant/associate does not meet this deadline, the
job offer may be rescinded on the basis that the applicant/associate refused to
submit to testing.

o A corporate or DC/eFC executive applicant/associate will be provided with

collection information and directed to a local testing facility.

o A non-exempt distribution center or e-Fulfillment center applicant/associate may

be tested on-site.

o If the test process discloses the presence of one or more tested substances,
the applicant/associate will be so informed, disqualified for employment (see
Kohl’s AR-100C Drug Testing Termination Checklist) and will not be considered
for hire or re-hire for one (1) year, unless the applicant is covered under the
laws outlined in the State Specific Requirements section of this policy.

o Any applicant/associate, who declines to undergo a drug test or tampers with

any sample, will be denied employment. Refusal to submit includes failure to
provide (or timely provide) adequate testing without a valid medical explanation
after receiving notice of the requirement for testing, or engaging in other
conduct that clearly obstructs the testing process.

o Any applicant/associate who is unable to provide a urine specimen due to a

medical condition will be provided with the option to give an oral fluid specimen
as an alternative. The Human Resources Associate Relations team must be
contacted for instructions on how to accommodate this request.

• Drug test results are sent by email. The results may be communicated in the following
manner:

o Negative: Applicant/associate’s test results are clear; proceed with hiring

decision.

o Positive: Pending Medical Review Office (MRO): The MRO needs additional
information from the applicant (e.g., prescription information).
 Policy No.
Subject 126E

Effective Date:
01-01-00
Personnel
Policy Revised Date:
Drug Testing 7-1-2019

Page No.
3 of 6

 The MRO will make multiple attempts to contact the applicant. If the
applicant is unreachable, the applicant is no longer eligible for
employment.

 If the applicant contacts the Kohl’s regarding their employment status,

direct the applicant to contact the MRO at the number provided in the
email notification.

o Positive (Post MRO Review):

 Applicant: If the test process discloses the presence of one (1) or more
tested substances, the applicant/associate will be so informed,
disqualified for employment (see Kohl’s AR-100C Drug Testing
Termination Checklist), and will not be considered for hire or re-hire for
one (1) year, unless the applicant is covered under the laws outlined in
the Specific State Requirements section of this policy

 Associate: Any current associate whose drug test result discloses the
presence of one (1) or more tested substances will be so informed and
Kohl’s Policy 150 Alcohol and Substance Abuse will be followed.

• Drug test results are confidential. Test results are not to be discussed with anyone
outside of the Medical Review Office or Human Resources.

• No person will be discriminated against in hiring, termination or in imposing any term or

condition of employment, or otherwise be penalized based upon the person's status
under applicable law as a registered or certified medical marijuana patient, recipient, or
cardholder.

• Except as is otherwise prohibited by law, nothing in this policy prevents Kohl's from
imposing discipline, up to and including termination, for any associate who used,
possessed or was impaired by illicit drugs at any Kohl's location or in the performance
of Kohl's business.

State Specific Requirements

• Louisiana:

o Within seven (7) days of a written request, an associate may have access to
any records relating to the drug test and any records relating to the results of
any employment action taken because of the drug test.

• Maine:
 Policy No.
Subject 126E

Effective Date:
01-01-00
Personnel
Policy Revised Date:
Drug Testing 7-1-2019

Page No.
4 of 6

o Applicants and associates in the state of Maine are excluded from testing if
promoted or transferred into a position that requires a drug test, or from any
post-accident testing. Please see the Procedure and Additional Information
sections of this policy.

o An applicant with a contingent offer of employment must have taken his/her

drug test and the store location must receive the results of the drug test prior to
the associate’s orientation.

o Prior to his/her drug test, an applicant/associate must receive the following:

 A copy of Kohl’s Policy 126E Drug Testing.

 A copy of Kohl’s AR-096 Maine’s Drug Testing Notice.

• Montana:

o Please see the Additional Testing Information below for state of Montana
requirements on post-accident testing.

• Vermont:

o An applicant/associate with a contingent offer of employment must receive a

copy of Kohl’s AR-096A Vermont’s Drug Testing Notice prior to taking his/her
drug test.

Drug Test Collection Facilities

It is important that each location is using the correct Drug Screen Collection Site. A complete
listing of collection site facilities can be obtained by contacting Kohl’s third party vendor.

Additional Testing Information

• Kohl’s reserves the right to require an associate to submit to an oral, urine, blood,
and/or breath alcohol or drug test concerning an associate's violation of this policy or
Kohl's Policy 150 Alcohol and Substance Abuse, including but not limited to when the
associate has been involved in a workplace accident involving property damage ("post-
accident testing").

o Use or possession of controlled substances while in a position requiring the

performance of safety-sensitive functions is prohibited.

o An associate may be required to submit to post-accident testing to determine

the presence of illegal drugs or alcohol when he or she is involved in a non-
trivial, serious accident; i.e. an accident involving significant damage to power
 Policy No.
Subject 126E

Effective Date:
01-01-00
Personnel
Policy Revised Date:
Drug Testing 7-1-2019

Page No.
5 of 6

equipment and/or other company property that is outside of the normal daily
wear and tear on the building or equipment.

o If an associate has an accident which requires any associate to seek medical

treatment, a post-accident drug test may be performed by the medical facility
pursuant to the medical facility procedures.

o Post-accident testing by Kohl's will be conducted only when: (1) there is a

reasonable possibility that drug or alcohol use by the associate involved in the
accident was a contributing factor to the damage; and (2) testing can accurately
identify impairment caused by drug or alcohol use.

o Montana: Post-accident testing will be performed only for accidents resulting in

property damage in excess of $1,500.

o Maine: Associates working in a location in the state of Maine are excluded from
any post-accident testing.

o Prior to an associate completing a drug or alcohol test, the associate's manager

and HR business partner need to discuss the circumstances. Human
Resources will make the final decision as to whether a drug or alcohol test
should be administered in accordance with this policy and any applicable laws.

• Guidelines: The guidelines for sending an associate for a drug test:

o For applicants, instructions for completing a notice, consent and release are
given in ATS. For an existing associate, this is done with Kohl’s AR-016E Drug
Testing Consent Form. If done with a paper form, the form must be maintained
in the associate’s medical file.

o The associate will receive collection instructions from Kohl’s third-party vendor.

o In select distribution centers, and as is permitted under applicable law, on-site

drug or alcohol testing may be administered by trained executives or on-site
nurses. The on-site drug testing kit may be used in these circumstances. The
two results available are:

 Negative/Clear: Not necessary to send the associate to an off-site

facility for post-accident or reasonable suspicion testing.

 Inconclusive: A urine test is required (or other reliable form of testing, if

an accommodation is needed for a disability that prevents urination
under the circumstances) to be completed at an off-site facility or in the
building where applicable within twenty-four (24) hours of being notified
that a drug test has been requested.
 Policy No.
Subject 126E

Effective Date:
01-01-00
Personnel
Policy Revised Date:
Drug Testing 7-1-2019

Page No.
6 of 6

• Kohl’s reserves the right to conduct pre-employment drug testing on all applicants in all
or select stores, distribution centers and corporate locations upon reasonable notice
and consistent with applicable local, state or federal law.

Forms relating to this policy can be found on the Kohl's intranet, myKohl’s:
AR-016E Drug Test Consent Form
AR-096 Maine Drug Testing Notice
AR-096A Vermont Drug Testing Notice
AR-100C Drug Testing Termination Checklist
Please print the forms from myKohl’s each time for the most updated information.