ENERGY GROUP, INC. ATTENDANCE POLICY

Regular attendance is an essential part of good performance and the Company’s ability to service customers. The Company expects employees to be on time for work and ready to perform their assigned work during their scheduled shift.

ABSENCES

For an absence to be considered excused, authorization from the Manager, Supervisor, or General Foreman, is required before the start of your shift. Your absence will be considered unexcused until you provide reasonable documentation for your absence. Documentation SHALL be provided to your Manager, Supervisor, or General Foreman, prior to the start of your next scheduled workday. The Manager, Supervisor, or General Foreman will determine whether the documentation provided is sufficient for the absence to be excused.

Excessive absenteeism due to illness without proper documentation from a medical provider may result in disciplinary action up to and including termination.

Any absence of three (3) consecutive days without a report to management will be a voluntary resignation (“no call no show” as defined on the termination report).

PTO days must be requested in writing 24 hours prior to time off taken.

Failure to submit a “Request for Time off Form” in advance of taking Paid Time Off will result in non-payment for the time off.

*Union employees refer to your specific bargaining agreement for the number of days that can be taken in a calendar year.

TARDINESS

Employees arriving after their scheduled start time without prior notification, will be considered a No Call/No Show. Employees leaving early from a shift, or returning late from lunch, will also be considered tardy and subject to the disciplinary process.

ATTENDANCE VIOLATION DISCIPLINARY PROCESS
First Violation - Written Coaching Second Violation – Written Warning Third Violation - Suspension
Fourth Violation – Termination of Employment

All attendance violations will be kept on file for twelve (12) months from the first violation.
 

WORK WEEK PAY PERIOD

The pay period for The Energy Group, Inc. begins on Monday at 12:00 am and ends on Saturday at 11:59 pm. Payment for hours worked shall be distributed on the Friday following the end of the pay period.

LUNCH

Employees receive a 30-minute, unpaid lunch period. A lunch period is normally scheduled between the fourth and sixth hour of work but may vary based upon job assignments, workload, and coverage requirements for assigned job duties.

TIME RECORDS
Field employees shall complete daily, a company provided timesheet that accurately reflects all hours worked. A Personal Time Off day or other leave must be reported on your timesheet.
Non-field employees who are paid hourly will register time worked via the time clock specified for their department. Employees must punch only their timecard. Punching another employee’s timecard or manipulating the time system in any way will be grounds for disciplinary action, up to and including termination of employment.

OVERTIME
Union employees refer to your specific bargaining agreement.
Circumstances may require that overtime be worked. It is understood and agreed upon that employees will work a reasonable amount of overtime when requested by management. All overtime worked by employees must be authorized in advance by management. An employee’s eligibility to receive compensation for overtime work will be determined in accordance with applicable law.

The overtime pay policy for hourly employees includes the following principal elements:

A.    Employees will be paid straight-time for all hours worked through forty (40) in one week.
B.    Employees will be paid time-and-one-half for overtime hours worked in excess of forty (40) hours in one week.
C.    Employees who work on a holiday may use eight (8) hours PTO plus receive time-and-one-half pay for hours worked on the holiday.
D.    Only hours worked will be used to calculate overtime pay. Paid time off for: holidays, jury duty, vacation, personal or sick time will not be counted as “hours worked” for purposes of overtime calculations. Union employees refer to your specific bargaining agreement.

PAID TIME OFF (PTO)
Union employees refer to your specific bargaining agreement.

Energy Group, Inc. believes that its employees are key to what makes a great Company. Although work makes up a large portion of an employee’s life, we believe that a balance between work and nonwork activities is essential to maintain quality performance and a positive work atmosphere. To support this philosophy, the Company has designed a paid time off (PTO) plan by establishing a combined benefit policy incorporating all forms of paid time off benefits (vacation, personal leave, sick leave, holiday pay, bereavement leave, jury duty etc.) into one program. Under this plan full-time employees will accrue/earn PTO hours based on hours worked and is designed so that
 
PTO time is used in the calendar year it is earned. This time can be used to meet an employee’s personal needs, while recognizing the individuals’ responsibility to manage their paid time off. PTO combines time for employees to use as the wish to the extent that those hours have been earned are available to them and have been approved.
Although the Company recognizes that at times, all employees have personal business or appointments that can only be scheduled during normal working hours, employees are encouraged to schedule personal matters at times that do not conflict with their work obligations whenever possible. Any grant of PTO time is completely at the discretion of the employee’s GF/Supervisor/Manager, who will consider among other things, the department’s staffing needs, the reason for the request, and the availability of alternative scheduling arrangements.

In general, foreseeable PTO must be preapproved by and prescheduled with the employee’s supervisor in writing 24 hours in advance and must be taken in full hour increments of no less than 4 hours. Approval for all scheduled time away is subject to applicable workloads and obligations. However, employees shall be allowed to take up to 10 accrued hours unscheduled PTO with less than 24 hours’ notice and regardless of applicable workload in case of an emergency.
Failure to follow these guidelines will result in the time off being counted as an unexcused absence.

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PTO Eligibility

PTO time will begin to accrue at the date of hire, and after the completion of a 90-day introductory period, full-time employees will become eligible to use the PTO time that has been earned and accrued. At the discretion of Company management, other non-standard arrangements for PTO eligibility and accrual may be made prior to the hire of a new employee. Any such arrangement must be made in writing and signed by a Company director. Part-time employees working more than 30 hours per week will accrue PTO on a prorated basis, depending on the number of hours worked.
For the purposes of this policy, time accrued corresponds to the calendar year beginning on January 1, and will be accrued on a weekly basis based on the number of hours actually worked during that week. PTO will not accrue while on an unpaid leave of absence, on short- or long-term disability leave, on worker’s compensation or when suspended by the Company. PTO hours will not be accrued during recognized holidays unless hours are actually worked on that day.

PTO Accrual

PTO hours accrued per employee are set by Company management. Hours accrued and earned are dependent on the position held with the Company, work location and years of service with the Company. Established accrual rates are at the Company’s discretion and may be modified at any time if required under state law, or by provisions specified in contracts with customers relating to certain employee groups.
Accrual schedules for various positions, work locations and seniority levels are attached to this policy and are incorporated by reference. Seniority for accrual purposes will reset if there is a separation of service for any reason.

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PTO Use

Every effort will be made to grant an employee’s PTO requests. However, the Company reserves the right to choose who will be eligible to take PTO when a high volume of requests is received. PTO time may be used as it is accrued, but in no event can more PTO be used than is available based on the accrual schedule. The following provisions will apply to PTO use:

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•    Employees who miss more than three consecutive unscheduled days may be required to present a doctor's release that permits them to return to work.
•    Time off taken in excess of available PTO accrued can result in progressive disciplinary action up to and including employment termination. This time off will be considered unpaid. Any exceptions to this policy must be granted by a director of the Company in advance of taking time off.
•    PTO accrued prior to the start of a requested and approved unpaid leave of absence must be used to cover hours missed before the start of the unpaid leave.
•    Under the Company's Family and Medical Leave Act (FMLA) policy, all available accrued PTO time will be used before the start of any unpaid FMLA time.
•    Unscheduled absences due to illnesses of four hours or more that result in consecutive days absent from work, are considered one absence incident in relation to potential disciplinary action.

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Minimum/Maximum Increments of PTO
The minimum amount of PTO that can be used at one time is not less than one-half day (4 hours). The maximum amount of PTO that can be used at one time for both exempt and non-exempt employees will be the maximum hours/day as determined by the weekly work schedule for that employee for the period the PTO time is used. In no event will the maximum time that can be used exceed 10 hours per day. All PTO hours used are to be paid at the employee’s straight time rate of pay.

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Maximum Time Accumulation and Rollover

Energy Group, Inc. encourages employees to use their PTO time to promote mental and physical wellbeing. This in turn allows the Company to responsibly manage its financial responsibilities.
PTO time can only be used to compensate for time while away from work and should not be considered a bank of time that is paid at the discretion of the employee. Payment of PTO time will be limited to an amount that completes a scheduled workday only, irrespective of extended hours that may be scheduled from time to time. At the end of each calendar year, a limit of up to 25% of accrued and unused PTO hours earned in any given year may be rolled over for use in the following year. Unused accrued PTO in the current year above this 25% limit will be forfeited.

This PTO rollover amount shall be added to any rollover vacation time previously accumulated in accordance with the provisions of the Company’s superseded vacation policy in effect prior to the effective date of this PTO policy.

Management of PTO

It is important that PTO is managed responsibly by each employee by developing a plan for taking vacation time, as well as doctor’s appointments and personal business whenever possible. It is advised that time should be held in “reserve” for unexpected emergencies and illnesses. All PTO time taken will be required to be documented through the use of a Company PTO Request Form. Failure to timely and properly document PTO hours will result in non-payment for the time off, and may result in disciplinary action, up to and including termination.

 
Separation of Employment

In the event of a separation of employment for any reason, accrued and unused PTO earned after January 1, 2024 will be forfeited. Should a PTO hour deficit exist for the employee at the time of separation, the deficit hours will be deducted from any hours available to be paid in the employee’s last paycheck. Employees with unused time that had been previously earned and were subject to carryover provisions under those previous policies, will be paid for that time upon separation of employment provided that one full year of service has been completed and a 2-week notice is given. Payment of any carryover time will be included in the employee’s final paycheck. Employees who are terminated for dishonesty, fraud, or any other form of criminal conduct or gross misconduct as determined by the sole discretion of the Company shall forfeit the accrued and unused carryover time

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Vacation
Union employees refer to your specific bargaining agreement.

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HOLIDAYS
Union employees refer to your specific bargaining agreement.

For the purpose of this policy recognized holidays shall include:
•    New Year’s Day
•    Memorial Day
•    Fourth of July
•    Labor Day
•    Thanksgiving Day
•    Christmas Day

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Payment for Time Worked on a Holiday

Should operational conditions require that an hourly employee work on a holiday, that employee may claim eight (8) hours PTO pay, plus time-and-one-half for hours worked on the holiday. Any hours worked on such holiday will not be counted in the computation of weekly overtime since time-and-one-half is already paid for these days.

Salaried employees required to work on any Company paid holiday will receive equal compensatory time off at a time mutually agreeable to the employee and the Company.

LEAVES OF ABSENCE
Under certain circumstances, an employee may request, and be granted, an unpaid leave of absence, (i.e. an approved absence from work duties, with the expectation that the employee will return at the end of a specific period of time).
The granting or denial of a leave of absence, and any terms and conditions of such leave, will be determined by the Company in conjunction with applicable Federal and State Laws.
 
Reasons for Leave

A leave of absence may be granted for any of the following reasons:

1.    The birth and care of a newborn child.
2.    The placement of a child with the employee for adoption or foster care.
3.    The care of a spouse, child or parent who is suffering from a serious health condition.
4.    A serious health condition suffered by the employee which renders him/her unable to perform the essential functions of the job.
5.    Induction or recall to active duty in any of the Armed Forces of the United States.
6.    Training related to an employee’s regular duties, or to finish and/or obtain a college or graduate level degree.
The duration of a leave for any of the above reasons will be determined by the Company in conjunction with applicable Federal and State Laws.

Employees shall be required to use all accumulated Personal Time Off, as well as all but one (1) week of accumulated Vacation Time, for all or part of the leave. After all accumulated paid time is exhausted, the remainder of the leave will be unpaid.

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Employees will not accumulate Personal Time Off or Vacation Time during the leave period.
An employee’s coverage under the company’s group health plan will be maintained for the duration of the leave (up to twelve weeks), provided the employee pays the same cost for such coverage as if the employee were not on leave and the leave resulted from reasons 1 through 4, as stated above.
An employee, who fails to return to work within three (3) days after the expiration of a leave, will be considered to have voluntarily resigned. In addition, the Company may recover from the employee the cost of any payments made to maintain the employee’s health care coverage during the leave, unless the failure to return to work was due to reasons beyond the employee’s control.

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TERMINATION AND AT WILL EMPLOYMENT

The Energy Group, Inc. is an “at-will” employer and operates under the provision that employees have the right to resign from their position at any time, with or without notice, and with or without cause. Energy Group, Inc., the employer, has the right to terminate the employment relationship at any time, with or without notice, and with or without cause. The Company intends that this “at-will”
employment relationship is to be maintained throughout your employment, notwithstanding any references to discharge as a potential sanction for violations of policies or rules.
No employee may enter into an Energy Group, Inc. employment agreement without the express written consent of the President of the Company.

Employees who resign will receive payment for unused Vacation Time or PTO provided two (2) weeks’ notice was given, and six months of service had been completed. Employees who are terminated for dishonesty, fraud on the Company, any criminal conduct or gross misconduct as determined by the sole discretion of the Company, shall not be paid for unused Vacation Time or PTO.

Climbing gear, computer, laptop, cell phone, ID Card, keys, safety equipment, etc. must be turned back to the company upon separation. Vacation checks will be paid on the first regular pay date following separation.
  
HARASSMENT, DISCRIMINATION, INTIMIDATION

This policy applies to all employees of the Energy Group, Inc., hereafter referred to as “the Company." In addition, the policy will establish appropriate procedures in an effort to ensure that non-employees (e.g., vendors, contractors, trades people, customers, delivery and repair personnel, etc.,) on or off Company premises, are also made aware of the intent of this policy and the Company expectation that they act in accordance with the policy.

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Policy
It is the Company’s policy to maintain a work environment free from all forms of harassment, discrimination, and intimidation. All employees, including executives, managers, supervisors, general foremen, are required to follow this “zero-tolerance” policy. Harassment on the basis of race, color, religion, gender, gender identity and/or expression, national origin, age, sexual orientation, ancestry, disability, genetic information, marital status, sex (including pregnancy and childbirth related issues), military status, veteran status, or medical condition is prohibited and will not be tolerated. Further, this policy forbids unwelcome conduct on any of the basis identified above, even if the conduct does not rise to the level of a legal violation. This policy forbids all types of workplace and sexual harassment and covers physical harassment, verbal harassment, pervasive and unwelcome conduct, and a wide range of other kinds of inappropriate and intimidating work environment behaviors. The policy extends to all terms and conditions of employment (hiring, promotions, pay, assignment of job duties, terminations/constructive discharge, etc.).

This policy prohibits retaliation against anyone for complaining about harassment or discrimination to management, for assisting someone else in a complaint, or for providing information as a witness in an investigation relative to alleged violation of policy.

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Responsibility

Management: All members of management, including Supervisors, General Foremen, and Foremen are responsible for maintaining a work environment free from discrimination, all forms of workplace harassment including sexual harassment and intimidation. Accordingly, the Company will conduct an investigation of alleged incidents of workplace or sexual harassment and take prompt and appropriate corrective action. The Company will investigate incidents of retaliation against anyone for filing a complaint of harassment, discrimination and/or intimidation. Managers and Supervisors are prohibited from taking adverse action against any employee for filing a complaint of harassment or discrimination.
Managers, Supervisors, General Foremen and Foremen are required to report promptly to the President:

•    All violations of this policy; and
•    All information concerning any violations of this policy of which they become aware.

Further, all members of management, including Supervisors, General Foremen, and Foremen are responsible for preventing, responding to, and reporting violations of this policy committed by employees and non- employees (e.g., contractors, customers, delivery and repair personnel, etc.) in Company work areas and either on or off Company premises.
 

Employees: It is the responsibility of all employees who witness, experience, or are aware of a possible violation of this policy to immediately report such violation to his/her Supervisor, General Foreman, Foreman and/or Human Resources Representative/Designee so that an investigation and the appropriate corrective action may be taken.

Under no circumstances is an employee required to report the policy violation to a person whom the employee believes is responsible for the harassing conduct. Instead, the employee must report the policy violation to another member of management as designated above. It is also the responsibility of all employees to cooperate fully and honestly in any investigation relative to a policy violation. Failure to do so may be, in itself, a violation of this policy and be subject to disciplinary action.
Company policy prohibits retaliation against any employee for participating in an investigation as a witness, aiding someone else in filing a complaint or for filing a complaint. Further, the Company prohibits behavior from all employees that might be construed as retaliation, such as threats, withholding information, uncooperative behavior, the "silent treatment," or physical actions for example. Such behavior is considered a violation of this policy and may be subject to disciplinary action up to and including termination of employment.

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Manager/Subordinate Relationships

Management employees should not enter into a romantic relationship with a subordinate. Romantic relationships that develop between management employees and subordinates can be disruptive to the work environment, create a conflict or the appearance of a conflict of interest, and lead to charges of favoritism, discrimination, retaliation and claims of sexual harassment. The Company has no desire to interfere with the private lives of its employees or their off-duty conduct, however, where such conduct impacts upon the work environment in a negative manner, the Company reserves the right to take corrective action as deemed appropriate, in its discretion, including disciplinary action up to and including termination of employment.

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Definitions
Workplace harassment - The harassment forbidden by this policy is verbal, physical, or visual conduct that is unwelcome to an individual because of the individual’s race, color, religion, gender, gender identity and/or expression, national origin, age, sexual orientation, ancestry, disability, genetic information, marital status, sex (including pregnancy and childbirth related issues), military status, veteran status, or medical condition or because of the protected status of the individual’s relatives, friends, or associates. Harassing conduct includes, but is not limited to:

1.    Unwelcome conduct affecting an employee’s tangible job benefits.
2.    Unwelcome conduct including derogatory speech that interferes with an employee’s work performance.
3.    Unwelcome conduct including derogatory speech that creates an intimidating, hostile or offensive work environment.
4.    Epithets, slurs, negative stereotyping, or intimidating acts that are based on an individual’s protected status.
5.    Written or graphic material shown, circulated within, or posted within the workplace that shows hostility toward an individual because of his/her protected status.
 

Sexual harassment forbidden by this policy is defined as sex discrimination that involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

1.    Submission to such conduct is made, either explicitly or implicitly, a term or condition of a person’s job, pay, or career; or
2.    Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting this person; or
3.    Such conduct interferes with an individual’s performance or creates an intimidating, hostile, or offensive environment.
Examples of prohibited conduct also include:

1.    Physical sexual harassment. This may include, but is not limited to, bumping, pressing or brushing up against, touching, cornering, kissing, hugging, grabbing, etc., or any other physical contact of a sexual nature which is unwelcome and inappropriate in a work environment.
2.    Verbal sexual harassment. This may include obscene jokes that are sexual in nature, offensive comments on appearance that have sexual overtones, offensive sexual remarks, threats, etc., whether communicated in person, in writing, or by telephone, e-mail, mail, or voice mail. It also includes any verbal comments that have sexual overtones, e.g., double entendre, which would be intimidating, unwelcome, or offensive to a reasonable person.
3.    Other kinds of inappropriate and unacceptable behaviors in the work environment that could be construed as sexual harassment include, but are not limited to, visual sexual harassment such as offensive sexual gestures, leaving offensive sexual notes, distributing offensive sexually oriented greeting cards, displaying offensive sexual cartoons, pictures, magazines, calendars, video tapes, computer programs or disks, or any other medium which may be used to communicate sexual images inappropriate to the work environment, including e-mail and voice mail.

Sexual harassment may be directed at either men or women and may include same-sex harassment.

Retaliation - Retaliation is "getting back" at employee(s) for following Company policy by taking adverse actions against the employee(s). Retaliation includes, among other things, verbal threats, physical action or inaction or other prohibited behavior.

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Procedures

Complaint Procedure:

An employee who feels he/she has been discriminated against, harassed or intimidated on the basis of race, color, religion, gender, gender identity and/or expression, national origin, age, sexual orientation, ancestry, disability, genetic information, marital status, sex (including pregnancy and childbirth related issues), military status, veteran status, or medical condition or otherwise in violation of this policy, must promptly report the matter to his/her Supervisor. If the employee feels uncomfortable going to the Supervisor with the complaint, he/she must report the matter to any other member of management as designated above in the “RESPONSIBILITY” section.
 
Upon receipt of a complaint of discrimination, harassment or intimidation from an employee, Supervisors must report the incident to the President. The President will direct a Human Resources Representative/designee to initiate a prompt, yet thorough investigation of the complaint, ensuring confidentiality to the maximum extent consistent with the investigation. Under no circumstances is an employee required to report the harassment to a person whom the employee believes is responsible for the harassing activity. All complaints of violations of this policy are to be investigated thoroughly and promptly by an authorized designee only. To the fullest extent practicable, complaints and the terms of their resolution should be kept confidential.

The nature and scope of the investigation will depend upon the circumstances, including the severity of the misconduct alleged. Generally, the individual claiming to have been harassed as well as those accused of harassment must be interviewed. If there are witnesses to the alleged harassment, it is important that they be interviewed as well, if the events are disputed. All interviews relative to the investigation must be thoroughly documented. All employees and management are expected to cooperate fully in any investigation of or any claim of harassment, discrimination, or intimidation.

The Company expressly prohibits any form of retaliatory action against any employee for filing a complaint under this policy or for assisting or cooperating in a complaint investigation. Employees must report incidents of retaliation just as they would report incidents of harassment.

Energy Group, Inc. policies and procedures are designed to prevent, and quickly correct behaviors associated with harassment, discrimination, and intimidation. It is also designed to have employees report harassment before it becomes severe or pervasive.

Disciplinary Procedure:

Disciplinary actions taken for violations of this policy must be calculated to deter future harassment, discrimination, or intimidation. The specific disciplinary act taken should also be commensurate with the seriousness of the offense.

Serious violations of this policy include, among others:

1.    Using the power or authority of one’s position to request sexual favors of any employee or applicant as a basis for employment decisions affecting such individual.
2.    Abusive physical actions.
3.    Any repeated act of harassment after a previous documented warning.

•    If an investigation of an alleged incident of harassment reveals that an employee has engaged in actions or conduct constituting other violations of this policy, management will take appropriate corrective action. Documentation of such action will become a part of his/her Employment Record.
•    Supervisors, General Foremen and Foremen who fail to follow appropriate procedures after observing or being informed of a possible violation of this policy or failing to report it, will be subject to disciplinary action up to and including termination.
•    During the investigation, the Company will update the accuser and the employee filing the complaint of the results of the investigation while maintaining confidentiality.
•    In investigating complaints of harassment, discrimination or intimidation under this policy, the Company may impose discipline for inappropriate conduct, without regard to whether the conduct constitutes a violation of law. The Company reserves the right to administer discipline for inappropriate conduct even if it is not specifically forbidden by this policy.
•    Any legal action taken against the Company relative to discrimination, including harassment or retaliation or any formal charge filed with any government agency such as the EEOC or a state agency must be brought to the attention of the President.
 

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:

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

1.    Inform its employees of the hazards of using alcohol and illegal substances.
2.    Screen its employees for the bodily presence of alcohol and illegal substances consistent with federal and state laws.
3.    Note employee substance abusers consistent with federal & state laws and business policy.
4.    Remove substance abusers from the workplace.
5.    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.

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.
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.
 

Illegal Drugs
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 respon9 to illegal drug use by facility employee - his training includes information on the Company’s Alcohol and Drug Free Workplace Program and Program Implementation.

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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.

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.
 

Test Results

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

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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:

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

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

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

• 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.

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

• 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.

    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.
 

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.

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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.

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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.
 
Enrollment 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.

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.
 

Amendments

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

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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.

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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.

WORK RULES, DISCIPLINE AND CORRECTIVE ACTION

The Energy Group, Inc. has rules which are designed to promote safety and efficiency. Although the Company retains the right to terminate an employee’s employment at-will, failure to comply with these rules may result in disciplinary action, up to and including termination. Supervisory personnel have an obligation to enforce these rules. Failure to do so may result in disciplinary action, up to and including termination.

In addition to the rules stated in the Energy Group, Inc.’s Environmental Health and Safety Manual, the following conduct is prohibited and will subject the individual involved to disciplinary action, at the sole discretion of the Company, up to and including termination.

1.    Reporting to work under the influence of alcoholic beverages and/or illegal drugs or the use, sale, dispensing, or possession of alcoholic beverage and/or Illegal drugs on Company premises.
2.    Inappropriate use of profanity or abusive language towards a customer, management, or coworker.
3.    Insubordination or the refusal by an employee to follow supervisory instructions concerning a job- related matter.
4.    Fighting or assault on a fellow employee, management, or customer.
5.    Theft, destruction, defacement, or misuse of company property and equipment.
6.    Falsifying or altering any company record or report, such as an application for employment, a medical report, a production record, timecard or log, an expense account, equipment maintenance report, an absentee report, shipping and receiving records, customer pick-up slips, load disposal tickets, and other business documents.
7.    Threatening, intimidating, or harassing customers, co-workers, or management.
8.    Inappropriate horseplay, pranks, or practical jokes.
9.    Sleeping or assuming the position and appearance of sleeping on the job.
10.    Failure to wear assigned safety equipment or failure to abide by safety rules and polices.
11.    Improper disclosure of trade secrets or confidential information.
12.    Immoral or indecent conduct.
13.    Unauthorized use of company equipment, including but not limited to:

•    Unauthorized carrying of passengers in commercial vehicles
•    Accident for which the employee is responsible
•    Failure to report an accident involving company equipment, personal injury and/or property.

14.    Unauthorized leaving of the work area during working hours.
15.    Faulty or careless performance of duties.
16.    Operation of machines, tools, or equipment to which you have not been specifically assigned or trained.
17.    The making of or publishing of bad faith or malicious statements concerning any employee, the Company, or its services.
 
 

Guidelines for Progressive Corrective Action

The Energy Group, Inc. expects high-quality performance and professionalism from employees. All forms of substandard performance may result in corrective action up to and including termination.
As an at-will employer, The Energy Group, Inc. reserves the right to terminate an employee with or without cause and may not follow specific steps prior to termination. Additionally, disciplinary action steps may be skipped for egregious violations regarding but not limited to: Code of Conduct, Drugs and Alcohol, Harassment and Intimidation, and Safety. The following outlines a process that may be followed when employing progressive corrective action.

1.    Verbal warning with written documentation. The specific performance problem(s) should be reviewed during a meeting with the General Foreman/Supervisor/Manager and employee. The information exchanged during the meeting may be summarized in writing.

2.    Written. Should performance not improve, or misconduct continue, a more formal written document may be completed. This document outlines the specific problem, expectations for the future, and immediate actions necessary. No more than two (2) written warnings for the same problem should be issued prior to a final warning.

3.    Final Warning and/or Suspension. This process may be implemented prior to termination if performance does not improve or misconduct continues. A written document should refer to prior notifications or expected corrective action.

4.    Termination. The employee may be subject to termination from The Energy Group, Inc. if performance does not improve. This action may be employed at any time during the corrective action process.