Drugs, Alcohol and Contraband

Purpose and Scope

The goal of this policy is to establish a drug free workplace and to comply with various regulatory drug and alcohol testing policies to include the guidance provided in accordance with Central Illinois Consortium, Inc. Program Standards.

To achieve this goal, this policy establishes:

• Prohibited conduct regarding drugs and alcohol in the workplace.
• Pre-employment drug and alcohol testing.
• Drug and/or alcohol testing upon reasonable suspicion for non-DOT and DOT regulated employees.
• Random drug and alcohol testing procedures.
• Post accident drug and alcohol testing procedures for DOT regulated employees and non-DOT regulated employees.
• Employee assistance.
• Employee training.
• Disciplinary action.

The purposes of a drug and alcohol free workplace is:

• Decreased accident/incident and injury rates.
• Reduced liability and insurance costs.
• Improved productivity.
• Decreased absenteeism.
• Decreased employee turnover.
• Deter illegal activities related to drug abuse.

Related Rules & Regulations

DOT Regulation 49 CFR Part 40 Procedures for transportation Workplace Drug and Alcohol Testing Programs.

DOT Regulation (FMCSA) 49 CFR Part 382 Controlled Substance and Alcohol use and testing.

DOT Regulations 49 CFR Part 119.113 and 49 CFR Part 199.241 requiring a minimum of 1- hour drug training and alcohol training for supervisory personnel.

Pre-Employment Drug Screens

Potential new hire employees will be required to submit a urine sample for drug screening prior to offer of employment.

Employees who do not pass the urine drug screen will not be offered employment. Refusal will be considered a positive result.

Upon passing the urine drug test, a potential employee will be required to submit a hair sample drug test and proceed with the physical.

Positive drug tests using hair as the sample media will be cause to place the employee in a probationary status for no less than ninety days.

Employees with positive hair sample drug tests will be required to submit another hair sample for testing ninety days after the initial positive test sample was submitted.

Failure of the second hair sample drug test will result in termination.

Sample Media

Sample media used for drug and/or alcohol testing may include, but is not limited to, hair, finger or toenails, saliva, blood, breath and urine.

Alcohol (DOT Regulated Employees)

Employees will not perform safety-sensitive functions with alcohol concentration of 0.02 or greater.

No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol.

No driver shall use alcohol while performing safety - sensitive functions.

No driver shall perform safety-sensitive functions within four hours after using alcohol.

No driver required to take a post-accident alcohol test shall use alcohol for eight hours following that accident, or until the driver undergoes a post-accident alcohol test.

The refusal to submit to an alcohol test for pre-employment, random, post-accident, reasonable suspicion or a follow-up alcohol test will be considered a positive.

Drug Use (DOT Regulated Employees)

No driver shall report for duty or remain on duty when the driver uses any controlled substances, unless a physician for medical reasons prescribes the use and the substance does not adversely affect the driver's ability.

Drivers shall report the use of any therapeutic drug use. In accordance with Part 392.4, no driver shall be on duty, possess, be under the influence of, or use, any of the following or other substances:

• Any 21 CFR 1308.11 Schedule 1 substances
• An amphetamine or any formulation thereof (including, but not limited to, “pep pills” and “bennies”).
• A narcotic drug or any derivative thereof
• Any other substance, to the degree, which renders the driver incapable of safely operating a motor vehicle.

The restrictions listed above do not apply to the possession or use of a substance administered to a driver by a licensed medical practitioner who has advised the driver that the substance will not affect the driver's ability to safely operate a motor vehicle.

No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive for a controlled substance.

The refusal to submit to a controlled substance test for pre-employment, random, post-accident, reasonable suspicion or a follow-up controlled substance test will be considered to be a positive test.

Drivers controlled substances test will be a 5- panel drug test that will screen for:

Marijuana - 50 ng/ml Initial, 15 ng/ml Confirm
Cocaine - 300 ng/ml Initial, 150 Confirm
Opiates - 2000 ng/ml Initial, 2000 ng/ml Confirm
Amphetamines - 1000 ng/ml Initial, 500 ng/ml Confirm
Phencyclidine (PCP) - 25 ng/ml Initial, 25ng/ml Confirm

Drug Use (Non-DOT regulated employees)

No employee shall report for duty or remain on duty when the employee uses any controlled substances, unless a physician for medical reasons prescribes the use and the substance does not adversely affect the employee's ability to perform work.

Employees shall report the use of any therapeutic drug use.

Employees shall not report for duty, remain on duty or perform work, if the employee tests positive for a controlled substance.

The refusal to submit to a controlled substance test pre-employment, random, post-accident, reasonable suspicion or a follow-up controlled substance test will be considered to be a positive test.

The employee's controlled substance test will be a 5-panel drug test that will screen for:

Marijuana - 50 ng/ml Initial, 15 ng/ml Confirm
Cocaine - 300 ng/ml Initial, 150 Confirm
Opiates - 2000 ng/ml Initial, 2000 ng/ml Confirm
Amphetamines - 1000 ng/ml Initial, 500 ng/ml Confirm
Phencyclidine (PCP) - 25 ng/ml Initial, 25ng/ml Confirm

Alcohol Use (Non-DOT Regulated Employees)

Employees are prohibited from working while under the influence alcohol.

Alcohol consumption while at work is prohibited.

Working while under the influence of alcohol with a level of 0.02 or greater or consuming alcohol while working will lead to disciplinary action up to and including termination.

Possession of Contraband

Employees are prohibited from using, possessing, selling, manufacturing, distributing, concealing, or transporting any of the following items:

• Any Prohibited Substance
• Contraband, including firearms, ammunition, explosives, and weapons
• Illicit drug equipment or paraphernalia.

Possessing or using prescription drugs or over the counter medication that may cause impairment are prohibited except when all of the following conditions have been met:

• Prescription drugs have been prescribed by a licensed physician for the person in possession of the drugs.
• A licensed pharmacist for the person possessing the drugs filled the prescription.
• The individual notifies his supervisor, if he will be in possession of, or using, impairment causing prescription drugs or over-the-counter medication.
• Appropriate steps are taken to accommodate the possibility of impairment, including but not limited to, removal from work for the period of possible impairment.

Switching of samples or any other form of adulteration to the sample is strictly prohibited and may lead to disciplinary action up to and including termination of employment.

Individuals are prohibited from being under the influence or prohibited substances while performing any work for our host employers.

While on Bodine's host employer(s) property, host representatives and/or the company may, at any time, have supervisors and/or authorized search and inspection specialists, including scent-trained animals, conduct unannounced searches and inspections of Bodine personnel and their property; that property may include, but is not limited to, the following: wallets, purses, lockers, baggage, offices, desks, tool boxes, clothing and vehicles.

Post-Incident Testing

If a Bodine company representative or host employer determines from the information available immediately after a work-related incident that performance of one or more of Bodine personnel contributed to the incident, or cannot be completely discounted as a contributing factor to the incident, Bodine shall remove that/those individual(s) from the host employer's property and surrender his/her/their site credentials to the host employer. For purposes of this part “incident” means an incident that caused personal injury requiring medical treatment beyond first aid administered at the work site, or property damage of more than $1000, or an incident that carried the potential for serious personal injury or significant property damage.

An individual so removed will be allowed to return to work on the host employer's property only after a Bodine company conducts breath alcohol and 5 panel drug testing on the individual as soon as possible following the individual's removal from the site, and a Bodine Representative certifies in writing the test identification number, the individual's social security number, the test date and time, and a negative test result.

Commercial Motor Vehicle (CMV) drivers are required to submit a drug and alcohol test when involved in a motor vehicle accident causing property damage or bodily injury.

The CMV driver may not operate a motor vehicle until the drug and alcohol tests are performed and the results are found to be negative. Employees will be transported to a testing facility within one hour.

Reasonable Suspicion Testing

Upon reasonable suspicion by Bodine or the host employer(s) that personnel is under the influence of a prohibited substance while on duty and/or on the host employer's property, a Bodine Representative shall remove the individual from the property and surrender his/her site credentials to the host employer.

An individual removed from the host employer's property for reasonable suspicion will be allowed to return to work on the host employer property only after Bodine conducts alcohol and drug testing on the individual as soon as possible following the individual's removal from the site, and a Bodine Representative certifies in writing the test identification number, the individual's social security number, the test date and time, and a negative test result. On that written certification Bodine will include a consent signed by the individual permitting disclosure to the host employer(s) of the test result.

For testing purposes, substances and threshold levels will comply, at a minimum, with the Department of Transportation (DOT) alcohol and drug regulations. Collection, chain-of-custody and other related procedures will be consistent with sound industry practice.

Bodine will use only testing laboratories that are properly certified under a recognized state and national program. Employees will be transported to a testing facility within one hour.

Host Employer Requests

Host employers may request, without notice, drug and/or alcohol testing. These requests may require a variety of sample media. Bodine employees are required to comply with these requests. Employees who refuse to submit to these requests will be considered non-compliant and subject to disciplinary action up to and including termination of employment.

Negative test results will require no further action.

If the urine “quick” test is positive, the employee will be suspended without pay pending further evaluation of the sample. If further analysis determines the sample to be negative, the employee will be returned to work the next working day.

If further analysis determines the sample to be positive, the employee will be suspended and must follow procedures outlined in the Disciplinary Procedures section to regain employment status.

Non-Compliance

Any personnel found in violation of this policy or whom refuses to cooperate with the searches and tests included in this policy shall be permanently removed by a Bodine representative from the host employer(s) property and from performing work for that employer. A Bodine representative will immediately notify the host employer that the individual has become “disqualified under the Drug, Alcohol and Contraband Policy Requirements”. A Bodine representative will immediately review with the host employer(s) the nature of the work previously performed by the individual. At the host employer(s) request Bodine shall, at its sole cost and risk, inspect all work in which the individual may have participated, and submit a written report to the host employer that documents the inspection, any findings, and the actions taken to assure all deficiencies have been corrected.

Random Testing

DOT regulated employees will be randomly selected for an alcohol and drug screen on a monthly basis.

• Alcohol test will be based on annual employment percentage rate of 25%.
• Drug screens will be based on annual percentage rate of 50%.

Non-DOT regulated employees will be randomly selected for a drug screen on a monthly basis. The annual percentage rate will be 50 percent of employees.

The random selection of employees will be a computer-based program that will randomly select employees per month by their Social Security number. Employees will be tested a minimum of every 36 months.

Test Results

Negative controlled substances test results will be reported from the collection sites Medical Review Officer (MRO) to the Safety Manager.

Positive test results; the MRO will contact the employee and give the individual an opportunity to discuss the test results prior to verifying those test results as positive.

In the event the MRO was unable to make contact with the employee; the MRO will contact the Bodine Safety Manager, who shall direct the employee to contact the MRO as soon as possible. The Bodine Safety Manager will hold this in the utmost confidence.

After making all reasonable efforts to contact the employee, the Bodine Safety Manager may place the employee on temporary medically non-eligible status or medical leave.

The MRO may verify a test as positive without having communicated those test results directly with the employee if:

• The employee expressly declines the opportunity to discuss the test.
• The Safety Manager has successfully made contact with the employee and instructed the employee to contact the MRO, and more than 5 days have passed since the date the employee was contacted by the Safety Manager.

The employee will be immediately removed from work once the employee is notified of the positive result.

Following the verification of a positive test result, the MRO will review and may contact the Safety Manager to make a recommendation that the employee enters an employee assistance or rehabilitation program.

In accordance with Subpart H, DOT regulated employees' collection sample will be a split sample. In the event that the collection sample results are positive, the employee has 72 hours to request a test of the split specimen to the MRO. The MRO will direct the laboratory to send the split sample to another certified laboratory. It is the employee's sole responsibility to submit a request for testing of the split sample within the timeframe allowed in Subpart H, 40.171(a). The employer will not make this request on the employee's behalf.

Non-DOT regulated employees collection sample will be a single sample. In the event that the collection sample results are positive, the employee has 72 hours to request a re-test of the specimen to the MRO. The MRO will direct the laboratory to re-test the specimen or to send the specimen to another certified laboratory.

Confidentiality

Drug and alcohol test results are confidential. Only the Medical Review Officer (MRO), Bodine Safety Manager, Bodine Company Officer, Bodine Division Manager and the employee will be informed of the final test results.

Each employee may review his or her employee file upon written request to the Safety Manager.

Bodine or the MRO will not release drug and alcohol test results to a third party unless written authorization from the tested employee has been obtained or if Bodine or the MRO are under a court order to release said information.

Disciplinary Actions

In the event that a test result is negative, no formal notification will be given to the tested employee.

If an employee's test results are positive, the employee will receive written notification of which substance was found within 5 working days from receipt of the written test data.

A positive test will require the employee to meet or talk with the MRO, so that he or she may evaluate the employee and may make a recommendation for the employee to see a substance abuse professional.

Employees in their first 90 days of employment will be terminated and are not eligible to participate in the Employee Assistance Program.

The substance abuse professional will evaluate the employee and will inform the employee of what type of substance abuse program the employee needs to comply with, if needed.

The employee will be suspended without pay for 30 calendar days. The employee may return to employment with Bodine providing the employee meets the following guidelines:

• The employee contacts the substance abuse professional as directed by the Bodine Safety Manager.
• The substance abuse professional evaluates the employee to determine the appropriate counseling protocol and to determine if he/she is qualified to return to work.
• The employee submits to a substance abuse test, at sole cost to the employee, within 5 days prior to the end of the 30-calendar day suspension and the test results are negative.
• If the employee has not finished substance abuse counseling at the end of the 30 day suspension, the employee may return to work:
  • With the written approval of the substance abuse professional.
  • With the understanding that the employee is obligated to complete all counseling sessions.
  • By providing documentation proving that the employee attended all counseling sessions and has successfully completed the program.
  • Drug test is negative.

The employee will be subject to unannounced substance abuse tests at any time for a period of 60 months.

During the 60-month period the employee has to continue to follow the guidelines set forth by the substance abuse professional.

Any future positive drug tests, regardless of what may have initiated the drug tests will be cause for immediate termination.

Costs for Drug and/or Alcohol Test

Bodine will pay for pre-employment drug and/or alcohol tests. The employee will pay for drug tests taken for return to duty or after counseling.

Random, post-accident, and reasonable suspicion drug and/or alcohol tests that are negative will be paid for by Bodine, any positive test results will be paid for by the employee through payroll deduction.

Employee Assistance Program

Any employee who feels that he or she has developed an addiction to, dependence upon or problem with legal drugs, illegal drugs, or alcohol is encouraged to seek assistance before the problem leads to disciplinary action.

A list of community resources that offer assistance is available through the Bodine Safety Manager. It is the employee's responsibility to seek assistance. These resources operate independently from Bodine. As such, an employee's decision to seek prior assistance from one of the resources will not be used as the basis for disciplinary action and will not be used against the employee in any disciplinary proceedings. On the other hand, using one or more of the resources listed will not be a defense to avoid disciplinary action where facts proving a violation of this policy are obtained outside these resources.

Bodine, at its sole discretion, may grant an employee rehabilitation leave.

The cost for rehabilitation is at the employee's expense.

Reinstatement of an employee is dependent upon successful completion of the rehabilitation program as evidence by written documentation from the program provider that the employee was continuously enrolled in the treatment program, actively participated in the program, and was properly discharged. Participating in any recommended follow-up treatment and/or counseling is the responsibility of the employee. Any employee suffering from an alcohol or drug problem who rejects treatment or who leaves a treatment program prior to being properly discharged there will not be eligible for re-employment with the company.

No employee will be eligible for the employee assistance program more than one time. The recurrence of an alcohol or drug problem will be cause for dismissal. Employees that undergo voluntary counseling or treatment and continue to work must meet all established standards of conduct and job performance.

All eligible employees returning to employment from rehabilitation will be required to sign a "Return to Work Agreement", providing:

• For unannounced testing for a period of up to 60 months to insure that the employee has freed himself or herself from the alcohol or drug problem.
• That failure of such a test during this period or employee's refusal to submit to testing shall be grounds for immediate dismissal.
• That the employee must maintain acceptable attendance and performance record and comply with all other company policies upon their return to work.
• That the employee will participate in any follow-up treatment and/or counseling recommended by the treatment program.

Employee Training

All employees will receive training and have a opportunity to read a copy of the drug, alcohol and contraband policy prior to the implementation of the policy.

New employees will receive training and have a opportunity to read a copy of the drug, alcohol and contraband policy. The training will include:

• Drug and Alcohol Policy.
• Films: Drugs at Work, Getting Help, Drug Testing, Finding Solutions.
• Signed receipt of training regarding this policy

Each employee will be required to sign a statement certifying that they have read and/or have had an opportunity to read a copy of the drug, alcohol and contraband policy.

Record Keeping

Bodine will retain in the employees' file the following:

• The signed statement certifying that the employee received training and an opportunity to read a copy of the policy.
• The copy of the signed certificate that the employee submitted to a drug and/or alcohol test.
• The date of such test.
• The location of such test.
• The identity of the person or entity performing the test.
• Whether the test finding was positive or negative.

Bodine will maintain an annual summary of the records related to the administration and results of the drug and/or alcohol testing. The records for DOT regulated employees and non- DOT employees will be separately maintained. The summary will include, at a minimum:

• Total number of drug and alcohol tests.
• The total number of employees who tested positive for drugs and/or alcohol.
• The disposition of each employee who was positive for a drug and/or alcohol test.
• Total number of drug and alcohol tests administered in each category:
  • Pre-employment
  • Reasonable suspicion
  • Random