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 72 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.


Employees can use up to five (5) Personal Days in a given Calendar Year.
*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

 

  1. First Violation - Written Coaching

  2. Second Violation - Written Warning

  3. Third Violation - Suspension

  4. 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 Sunday 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:

 

  • Employees will be paid straight time for all hours worked through forty (40) in one week.

  • Employees will be paid time and one half for overtime hours worked in excess of forty (40) hours in one week.

  • Employees who work on a Company paid holiday will receive eight (8) hours holiday pay plus time and one half pay for hours worked on the holiday.

  • 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.


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. However, when scheduling problems are unavoidable, the Company may, in its sole discretion, allow the employee to take personal time to cover these obligations.

Any grant of personal time is completly at the discretion of the employee's GF/Supervisor/Manager, who will consider, among other things, the departments staffing needs, the reason for the request and the availability of alternative scheduling arrangements.


PTO is not additional vacation time. Employees do not have an absolute right to PTO. Management has the authority to deny PTO if they have reason to believe that an employee may be using such time for reasons other than illness or to keep appointments.


Personal time must be requested in writing. Personal time for illness requires the employee to notify their General Foreman,  Supervisor/Manager at least one half hour prior to their scheduled start time. Failure to follow these guidelines will result in the day(s) being counted as an unexcused, unpaid absence.


For absences due to illness lasting three (3) or more consecutive days, the employee must submit signed documentation from their medical provider, to their General Foreman/Supervisor/Manager prior to returning to work. The company, at their discretion, may require the employee to be examined by an independent medical examiner before returning to work.


Personal time is accumulated based on time worked and is only accumulated by full time employees. Personal time will be accumulated and credited to employees on a weekly basis. Employees that have been employed for a full six (6) months will begin accumulating .77 hours per week for each week worked (A total of 40 hours per year can be earned). Any absence greater than two (2) days within a one week period where paid time off is not utilized will cancel personal time credits for that week. Personal time must be taken in 8 hour increments.


Any unused Personal time will not be paid out or carried over at the end of the year.


Employees will not be eligible to use Personal time in advance of accumulating such time.


Vacation


Union employees refer to your specific bargaining agreement.


Employees with an employment agreement refer to your Employment Agreement stipulations for vacation.


Vacation time is accumulated based on time worked and is only accumulated by full time employees. Vacation time will be accumulated and credited to employees on a weekly basis. For example: If you are eligible for one week of vacation per year, you will accumulate .77 hours per week. Employees will begin accumulating vacation time immediately, however, they will not be entitled to use it or be paid for it until 6 full months of service has been completed.


Accumulation of vacation time will be suspended during any type of leave of absence. Any absence greater than two (2) days within a one week period where paid time off is not utilized will cancel vacation credits for that week.


Vacation Allowance

 

  • Calendar years Maximum days per year Hours credited per week

  • 1st and 2nd calendar year 5 days per year .77 of an hour per week

  • 3rd and 4th calendar year 10 days per year 1.54 hours per week

  • 5th year or greater 15 days per year 2.31 hours per week

Vacation Payment and Carryover

 

January 1st through December 31st will be the calendar year for all vacation accruals. Employees will be eligible to carry over a maximum of one half of each calendar years’ credited vacation time from year to year. Any remaining unused vacation time will be forfeited. (This will not apply for the first calendar year only.)
 

Office and salaried employees will not be eligible to receive vacation pay in lieu of time off. Field employees will be paid for any unused vacation time in the month of December of each year. Once vacation pay has been received, the employee’s vacation credits will start over again. A field employee may request not to have their vacation time paid out, and additionally request to have a maximum of one half of the calendar years’ credit be carried over.


Employees will not be eligible to use vacation time in advance of accumulating such time. Vacation pay will be received on your regularly scheduled pay date as if you had worked that week. Vacation pay will not be paid in advance.
 

Vacation Scheduling


Vacation will, insofar as possible, be granted at a time most desired by the employee. Vacation request received in the first three (3) months of the year will be granted on a first received basis. At no time will vacation time be granted to two (2) employees in the same department for the same dates unless approved by the President. Should there be a conflict among employees requesting similar vacation dates, the General Foreman/Supervisor/Manager will resolve the conflict based on: first, the date the request was received, and second, the hire date of each employee.

 

Vacation request must be submitted in writing at least four (4) weeks in advance for vacation request of five (5) days or longer. Vacation request for less than five (5) days must be submitted at least one (1) week in advance. Failure to submit request in advance of taking vacation time may result in non payment for that time.


In the event of an illness, supported by medical provider documentation, vacation time may be used if all sick time has been exhausted, upon General Foreman/Supervisor/Manager approval.

COMPANY PAID HOLIDAYS


Union employees refer to your specific bargaining agreement.
 

After 90 days of employment, all full time employees are provided with the following paid holidays:
 

  • New Year’s Day

  • Memorial Day

  • Fourth of July

  • Labor Day

  • Thanksgiving Day

  • Christmas Day

To be eligible for holiday pay, an employee must have worked his/her last scheduled workday preceding the holiday and his/her first scheduled workday following the holiday, except when the employee has exercised a pre approved Personal Day Off or Vacation Day. Employees who “call in” absent, even though paid time is available, will be disqualified from receiving holiday pay. Employees who are on any type of Leave of Absence, including workers’ compensation leave, will not be eligible to receive holiday pay.
 

Payment for Time Worked on a Holiday


Should operational conditions require that an hourly employee work on a paid holiday, that employee will be paid eight (8) hours holiday 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. Should a Company paid holiday fall on Saturday, the employee will be given the Friday before as the Company Paid Holiday. If the Company paid holiday should fall on a Sunday, the employee will be given the Monday
after as the Company Paid Holiday.

JURY DUTY


When you receive a summons from the Jury Commission, you must promptly present it to your General Foreman, Supervisor/Manager and request the time off to serve.
 

Full time hourly employees called to serve as a juror during regularly scheduled working hours shall receive their regular pay for a period not to exceed one (1) workday (eight (8) regular working hours) in any one (1) year period. Any leave taken for Jury Duty more than one (1) workday (eight (8) regular working hours,) will be
considered unpaid time off.


For hourly employees to receive payment for jury duty, employees must give reasonable prior notice to their General Foreman, Supervisor/Manager that they have been summoned for jury duty, and must furnish satisfactory evidence that they reported for, or performed jury duty on the day(s) for which the employee claims such payment.


An hourly employee on jury duty will be paid at his/her straight time rate for normally scheduled hours of work.

BEREAVEMENT LEAVE
 

Full time employees shall be granted time off from their duties with regular compensation to make burial arrangements and attend funeral services for members of their immediate families (as defined herein) under the following terms and conditions:

 

  1. Paid bereavement leave can be taken for up to three (3) consecutive days not to exceed twenty four (24) regular working hours. Any bereavement leave taken more than 3 days will be considered unpaid time off.

  2. Employees shall notify their General Foreman/Supervisor/Manager prior to taking breavement leave. Failure to provide notification may be considered an unscheduled absence.

  3. To be compensated under this section, the employee must have been scheduled to work on the days taken as bereavement leave.

  4. Written documentation of the employee’s attendance and relationship to the deceased must be provided to their General Foreman, Supervisor/Manager.
     

Immediate family shall be defined as:

  1. Husband/Wife

  2. Father/Mother

  3. Son/Daughter

  4. Brother/Sister

  5. Grandparents

  6. Grandchildren


Request for additional time off may be considered by management. If additional time off is granted, Vacation
Time and Personal Time Off must be exhausted before unpaid time off is granted.

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.
 

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.

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.
 

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.

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 Administration Director:
 

  • 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.

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.

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:

 

  • Unwelcome conduct affecting an employee’s tangible job benefits.

  • Unwelcome conduct including derogatory speech that interferes with an employee’s work performance.

  • Unwelcome conduct including derogatory speech that creates an intimidating, hostile or offensive work environment.

  • Epithets, slurs, negative stereotyping, or intimidating acts that are based on an individual’s protected status.

  • 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; 

  2. Submission to or rejection of such conduct by a person is used as a basis for career oremployment decisions affecting this person; 

  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.
 

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, from an employee, Supervisors must report the incident to the President. The President will direct a Human Resources Representative 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:
 

  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.

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 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.

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


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
    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.

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.

  • 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.

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.

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.

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. 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.)

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.

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.

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.

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.
 

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.

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.

 

  • 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.

  • Inappropriate use of profanity or abusive language towards a customer, management, or coworker.

  • Insubordination or the refusal by an employee to follow supervisory instructions concerning a job related matter.

  • Fighting or assault on a fellow employee, management, or customer.

  • Theft, destruction, defacement, or misuse of company property and equipment.

  • Falsifying or altering any company record or report, such as an application for employment, a load disposal tickets, and other business documents, pick up slips, maintenance report, an absentee report, shipping and receiving records, customer medical report, a production record, timecard or log, an expense account, equipment

  • Threatening, intimidating, or harassing customers, co-workers, or management.

  • Inappropriate horseplay, pranks, or practical jokes.

  • Sleeping or assuming the position and appearance of sleeping on the job.

  • Failure to wear assigned safety equipment or failure to abide by safety rules and polices.

  • Improper disclosure of trade secrets or confidential information.

  • Immoral or indecent conduct.

  • Unauthorized use of company equipment.

  • 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.

  • Unauthorized leaving of the work area during working hours.

  • Faulty or careless performance of duties.

  • Operation of machines, tools, or equipment to which you have not been specifically assigned or trained.

  • 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.