ALCOHOL AND DRUG POLICY

 

The Company recognizes that substance abuse in the workplace is a major concern. It affects not only job performance and the work environment, but also undermines the public’s confidence in the Company and the safety of its operations. The Company believes that by identifying substance abuse, the safety, health, and general wellbeing of employees at all levels of employment will improve.
The Company is required to notify each employee of its commitment to on alcohol and drug free workplace. The Company will:
 

1. Establish an ongoing program to ensure an alcohol and drug free workplace.

2. Maintain an effective, safe, and healthy workplace for all employees and all others exposed to the worksite, including the general public.

3. Safeguard the property and operations of the facility.

4. Provide direction for alcohol and drug abuse assistance.

Program Implementation:
 

1. The Company will take the following steps to implement the program:

2. Inform its employees of the hazards of using alcohol and illegal substances.

3. Screen its employees for the bodily presence of alcohol and illegal substances consistent with federal and state laws.

4. Note employee substance abusers consistent with federal & state laws and business policy.

5. Remove substance abusers from the workplace.

6. Consistent with applicable DOT regulations, assist employees with substance abuse problems in their rehabilitation efforts.

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Definitions
 

• Facility - The operating entity within the Energy Group, Inc. holdings, its divisions, subsidiaries, and affiliated companies.

• Facility Unit Vehicle - Any vehicle leased/owned by the facility, including rental autos or trucks.

• Alcohol - Any liquid intended for human consumption that contains ethyl alcohol (ethanol).

• Legal Drugs - prescribed drugs and over the counter drugs which have been (under U.S. law) legally obtained and are being used for their intended purpose, or as prescribed and manufactured.

• Illegal Drugs - Any drug which is prohibited by law (e.g. cocaine, marijuana, etc.), any drug which is legally obtainable but which has not been legally obtained, and any prescribed drug which is not being used as prescribed or used by the person named in the prescription.

• Pending Result - A laboratory result which requires input from the employee for resolution by the MRO. The designation "pending" should be used if the MRO is unable to contact the employee during the five (5) days.

• Controlled Substance - Any substance defined in the Controlled Substance Act (21 USC 812).

• Unfit for Duty - For the purpose of this Program, "unfit for duty" shall mean an employee who is adversely affected by alcohol, drugs or any combination of alcohol and drugs, in an observable manner. The symptoms are not confined to misbehavior, or to obvious impairment of physical or mental ability, such as slurred speech or difficulty maintaining balance. A determination of influence may be established by a professional opinion or a scientifically valid test. Observations must be documented using an "Observation Checklist.”

• Medical Review Officer - The Medical Review Officer (MRO) is a licensed physician knowledgeable in the medical use of prescription drugs and the pharmacology and toxicology of illegal drugs. The role of the MRO is to review and interpret test results obtained through the Company’s drug testing program. The MRO will consult with the employee to assess and determine whether alternate medical explanations, such as the use of prescribed medications, could account for the positive laboratory test results. The MRO acts as a vital screen to assure that management is not notified of a positive result on a drug test until the MRO is satisfied that it resulted from illegal drug use.

• Refusal to Provide Sample - For the purpose of this program, “refusal to provide sample” shall refer to any and all of the following behavior: nonconsenting to any drug or alcohol testing, providing an incomplete sample or insufficient quantities of sample, nonconsenting to a required supervised collection, providing a tampered sample, interfering with the collection process in any way, not reporting to the collection site, and voluntarily leaving the scene of an accident without supervisory approval.

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Alcohol and Drug Free Workplace Program

The Company has established the following policy with regards to alcohol or drugs:

 

Alcohol
 

• It is prohibited for any employee to be under the influence of alcohol while performing any business function, while on the Company’s facility, or a customer’s facility, or while in or operating vehicles or equipment owned or leased by the facility.

• The consumption or possession of alcohol in opened containers on Company premises is prohibited, except in limited circumstances where the consumption or possession is specifically authorized by designated Company officers, such as a Company sponsored event. In moderation, while in the presence of non company business associates and customers during a business related meeting or function.

• Employees must not consume alcohol 4 hours prior to performing work duties.

• After a work related incident, injury, or vehicle accident, employees shall not consume alcohol for the following eight (8) hours, or until a post accident test is administered, whichever comes first.

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Legal Drugs
 

Any employee utilizing a prescribed medical treatment involving a legal drug or substance, which may alter the employee’s physical or mental ability to perform the job, must report this treatment to his/her supervisor prior to the start of the shift. A medical evaluation may then be required to determine fitness for duty. The physician and the supervisor will discuss whether a temporary or permanent change in the employee’s job assignment is warranted. If such use of legal drugs adversely affects fitness for duty, the employee will be relieved of his/her job duties or re assigned.

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Illegal Drugs

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The manufacture, distribution, dispensation, possession, use, sale or being under the influence of an illegal drug by any employee while performing any business function, while on the Company’s facility, or while in or operating vehicles or equipment owned or leased by the Company is prohibited.

 

Employee Awareness

In its efforts to develop employee awareness of the hazards of substance abuse, the facility will provide employee awareness components which may including videotapes, toolbox talks, alcohol and drug awareness days, and distribution of written materials. Information contained within this procedure will be made available to employees.

Supervisory Training

The Company’s Alcohol and Drug Free Workplace Program includes a commitment to train general foremen and managers to identify and respond to illegal drug use by facility employee his training includes information on the Company’s Alcohol and Drug Free Workplace Program and Program Implementation.

Substance Screening

The facility reserves the right to require employees to undergo alcohol and drug screening as described in this procedure.
 

The Laboratory

The facility will utilize a Department of Health and Human Services (DHHS) accredited laboratory, which is able to assure that appropriate methods will be used. Laboratory procedures will follow the context of a quality assurance program. Adequately trained personnel will be used in the analysis and interpretation of the results. When selecting a laboratory, the facility will consider equipment, personnel, quality assurance, standardized procedures, quality control, and certification.

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Collection of Specimens

The collection of urinary specimens from the employee (donor) will be accomplished to assure each donor that personal dignity and privacy will be respected. If it is determined by the trained medical personnel that the specimen has been altered and is not an acceptable specimen, they may require that a trained medical professional of the same sex as the donor be present for another sample to ensure the integrity of the specimen.

Trained medical personnel will collect both split specimen collection and analysis of controlled substances and EBT alcohol specimens. The donor will be present until the container is sealed, and the donor writes his/her initials across the seal. The chain of custody will be documented thereafter.

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Test Results

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If the results of the initial screening exceed regulatory levels, a confirmation test will automatically be conducted by Gas Chromatograph Mass Spectrometry (GCMS) to confirm the initial results. If this confirmation test is negative, then the results will be reported as negative and entered into the donors file. When a reasonable cause test result is reported negative dilute specimen, another specimen will be required under supervised conditions. However, if the confirmation test exceeds the prescribed limits and the result is positive, the medical review officer will contact the donor to evaluate potential interferences with the test protocol. If none are identified, the results will be reported as positive. Test results will be handled in a confidential manner and available only to those individuals who need to know the results to administer or apply this policy and program.

With the exception of those employees who are required to be screened under U.S. Department of Transportation (DOT) regulations, or other regulatory requirements, the panel of drugs for which these tests are conducted may include, but will not necessarily be limited to, the following: amphetamines; barbiturates; benzodiazepines; cannabinoids; opiates; phencyclidines; and cocaine. DOT regulations do not allow screening for barbiturates or benzodiazepines.

Identification of Substance Abusers

The following screening (testing) procedures are used to detect the abuse of alcohol and controlled substance. Compliance with this Program is a condition of employment. At a minimum, the facility will utilize some or all of the following components to assure a "drug free" workplace:
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• Pre Employment Testing - Pre employment testing is required for all job positions. In the event of a positive drug test result, the employee will not be hired.

• Random Testing - 
  employment with the Company. The number of times an employee can be selected is not limited.have the potential to be selected, using a random selection process, at any time in their All Energy Group, Inc. Employees, due to the safety sensitive nature of their job responsibilities,

• DOT Testing - The Federal Department of Transportation requires DOT testing for drivers of vehicles governed by DOT regulations: DOT testing consists of random, pre employment, post accident, return to duty, and follow up testing. Return to duty and follow up testing must be performed under direct supervision of a same sex observer.

• Reasonable Cause Testing - Reasonable Cause Testing is utilized when supervision determines that an employee’s conduct
  sustains a reasonable suspicion that the employee is impaired by drugs or alcohol or a Customer/Client reports suspicious activity by an employee on the client’s property or worksite and observation has been made by supervision.

• Work related Accident and/or incident - Post Accident testing will be performed for all work related injury and/or vehicle accidents. Drug and alcohol tests are to be perform immediately, but in no case longer than eight (8) hours, following a work related accident or injury.

• Customer/Client and Regulatory Required Testing - Customer/Client and Regulatory required testing will be conducted as required by the customer/client or regulatory authority. If an employee tests positive in a client test or has a diluted or adulterated specimen, he or she shall be removed from the client's premises or worksite. The employee will then be subject to the disciplinary rules under the Company and/or the Customer/Client's program.

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Procedures for Pre-employment
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• The applicant must consent to pre employment drug testing AND consent for the release of test results to the facility from the MRO.

• The medical personnel will confirm the identity of the donor by requesting to view a picture I.D.

• The sample may not be collected if the donor does not provide a picture I.D.

• After the sample is closed, it shall be sealed in accordance with the instructions from the laboratory.

• The donor shall sign the tamper seal.

• overnight express delivery to the laboratory.The medical provider shall complete the chain of custody form, package · the sample and send it 

• Refusal to provide sample will result in immediate discharge.

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Random Testing

 

• Random substance abuse testing is applicable to DOT covered employees and those employees in safety sensitive positions. Both follow similar protocols other than selection criteria.

• A list of all personnel eligible for random testing shall be sent by Human Resources to the medical review officer (MRO). The MRO shall randomly select the names of individuals until the appropriate number is selected from the pool. If the name selected is no longer an employee, the MRO will randomly select another name.

• The names of all employees shall return to the random selection pool after selection; thus, it is possible for a given employee to be selected more than once during their employment.

• The MRO will contact Human Resources to identify the individuals.

• The MRO shall match the lists of samples submitted versus samples required. The names of all
  required to who did not submit shall be directed to HR for resolution.

• The MRO shall report the results of the tests (positive or negative) to the appropriate Human
  Resources contact that maintains the records and notifies the facility of all testing results.

• Employees who are suspended due to violation of this policy and program shall not return to work
  until they furnish evidence of successful completion of an approved substance abuse rehabilitation
  program. Any employee, who has a second positive test result, will be terminated, and may not be
  rehired for one (1) year.

• Refusal to provide sample will result in immediate discharge.

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Reasonable Cause Testing

An employee may be screened for alcohol or drug abuse for reasonable cause when one (1) general foreman and/or one (1) foreman along with a responsible co worker has determined that reasonable cause for screening exists. Justification must be performance oriented and determined by the observers' direct and documented observation of the employee. Documentation will be provided on an Observation Checklist.
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• If the observers determine that an employee’s performance abnormally varies from performance standards, or that the employee’s on the job conduct endangers the employee or others, the observers may require the employee to undergo screening. Before screening, the observers must document the observation in writing and review the observation and evidence with Human Resources.

• When the observers have determined that there is reasonable suspicion that an employee might have been impaired by drugs or Alcohol at the time of an accident or incident, the employee will be required to undergo the appropriate screening. In cases involving Post Accident screening, the screening must be conducted two (2) hours of the time of the accident for controlled substances testing and within eight (8) hours of the accident for alcohol testing.

• When a Customer/Client reports suspicious activity by an employee on the client's property or worksite and observation has been conducted by supervision to determine if there is reasonable suspicion for screening.

• Refusal to provide sample will result in immediate dismissal.

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Testing Upon Re-hire
 

An employee, whose employment with the Company is interrupted for other than disciplinary reasons, will be required to undergo additional pre employment substance testing.

Customer and Regulatory Requirements
 

When necessary, the facility will supplement the Alcohol and Drug Testing Program to meet testing required by regulatory, contractor or customer requirements for access to a facility, site, or operation.

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Disciplinary Action

 

The Company reserves the right and authority to initiate the following disciplinary actions with reference to any employee found to have violated this program:

If the employee’s alcohol or drug test is confirmed positive, with a blood alcohol concentration greater than 0.04, or a diluted or adulterated specimen was provided, the employee will be immediately suspended.
 

If the employee’s alcohol test is confirmed positive, but with a blood alcohol concentration greater than 0.02 but less than 0.04, the employee will be immediately suspended for 24 hours. The employee may return to work when the following conditions have been met:
 

1. Evidence acceptable to the Company, of the successful completion of an approved substance abuse rehabilitation program coordinated with the SAP; AND

2. The employee successfully passes each subsequent alcohol and/or drug test at the employees’ expense; AND

3. The employee continues to maintain contact with the SAP and participates in the follow up maintenance program as recommended by the rehabilitation facility; AND

4. The employee agrees to be subject to random substance abuse tests for up to 60 months following completion of the rehabilitation program.

5. Refusal to provide a sample at the time and place designated by the company will result in discharge.
    

The employee may be eligible for rehire following termination at the company’s discretion, provided the employee complete an approved substance abuse rehabilitation program coordinated with an SAP, AND the employee provides documentation of an SAP evaluation including return to duty test results. The rehired employee may also be subject to follow up testing for up to 60 months.
 

(NOTE: The Company shall have no obligations to rehire.)

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Before a Positive Test Result

If a current employee is experiencing problems with drugs or alcohol the employee is encouraged to contact the Employee Assistance Program (EAP). The employee may use the EAP or request a referral to another agency. In either case, the information will be kept strictly confidential. If an employee voluntarily comes forward and seeks help prior to being required to submit to a drug and/or alcohol test, no disciplinary action will be taken against the employee. However, the employee will not be able to work until the EAP has been contacted. The· employee will be required to contact the EAP within twenty four (24) hours and to abide by their recommendations for treatment. The employee will be expected to perform their job and report for work unless the treatment program counselor requires them to miss work.

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Enrolling in a treatment program or attending counseling will not grant any employee a license to violate Company policies or shield an employee from disciplinary action for such violations and the Company reserves the right to take disciplinary measures where appropriate in their sole judgement. The Company reserves the right under certain circumstances including but not limited to safety and security, to reassign an employee to another position. After an employee returns to work, initial return to duty testing will occur AND follow up testing for drugs or alcohol will occur on a random basis for a one --(1) year period at the employee’s expense. If an employee test positive for drugs or alcohol following the completion of the primary phase of the treatment program, the employee will be terminated, and unemployment benefits may be denied. If an employee does not complete the drug or alcohol treatment program or does not comply with the terms of the treatment program, they will be terminated, and unemployment benefits may be denied. All cost associated with a treatment program are the responsibility of the employee.

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After a Positive Test Result

If a current employee has a confirmed positive test result, and the purpose of the test was for reasonable suspicion, post accident or a random selection, the employee will immediately be suspended without pay. The employee will be given forty eight (48) hours from the time of suspension to contact the EAP and make an appointment for an assessment and evaluation. Failure to contact the EAP within 48 hours or to complete the assessment and evaluation or failure to comply with the treatment plan developed as a part of the
assessment and evaluation process will result in termination. If the employee chooses to comply with the treatment plan developed as part of the assessment and evaluation process the employee is solely responsible for the cost of the treatment program.

 

Before the employee will be permitted to return to work, they will be required to obtain a release from the EAP and have a negative drug screen.

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Challenges to a Positive Test Result

The employee has the right to challenge any confirmed positive test result. All challenges must be filed within seventy two (72) hours of receiving notification of such result. To challenge a test result, the employee must contact the MRO and explain or contest the result in writing to the Division Director of the Drug Free Systems, or his/her designee. If the explanation is unsatisfactory, the employee will be notified of such in writing within 15 days of the date the challenge was received. At that time, the employee will be given the name of the laboratory, which performed the test, and a copy of the test result. The employee may then request that the laboratory send a portion of the specimen, which was originally tested, to another NIDA approved laboratory for re-testing. The results obtained by the second laboratory' will control such re testing will be done in accordance with the Department of Transportation’s rule, which govern test challenges and retesting. All cost associated with re testing will be the sole responsibility of the employee for all positive results.

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Amendments

 

The Company reserves the right to amend, change or alter this Policy without the consent of or notice to its employees.
 

Employee Responsibility

It is a condition of employment that all employees abide by the terms of the Company’s Alcohol and Drug Free Workplace Program. In the event of any conviction for a criminal drug violation occurring in a Company facility, or while in or operating a Company vehicle, the employee must notify Human Resources within five (5) days of the date of the conviction.
 

Program Clarification and Administration

A copy of the Company’s Alcohol and Drug Free Workplace Policy will be provided to all employees. Each employee shall read and understand this Policy and sign the Alcohol and Drug Free Workplace Acknowledgment form. This Acknowledgment will then be retained in the employee’s personnel file. Questions regarding any provision of either the Program or the Policy should be forwarded to the Human Resources Department.

 

Legalized Marijuana

The passing of Michigan Proposal 1 in November of 2018 to legalize marijuana for recreational use, does not: amend, alter, modify, rephrase, or serve as a provisional or otherwise substitute to the Energy Group, Inc. Drug and Alcohol Policy.

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