EXHIBIT D
COMPANY’S DRUG ALCOHOL AND SEARCH POLICY
CONTRACTOR’S CONTROLLED SUBSTANCE AND ALCOHOL PROGRAM REQUIREMENTS
CONTRACTOR and its subcontractors must comply with COMPANY’s Drug Alcohol and Search Policy (Policy) as set forth below unless prohibited by applicable laws.
1. General. CONTRACTOR and its subcontractor must have in place written controlled substance and alcohol policies implementation and training that meet or exceed the requirement detailed of this Policy. Nothing in this Exhibit shall be construed to reguire CONTRACTOR or its subcontractors to violate any applicable laws ordinances or regulations. When reuired by law CONTRACTOR must comply with U.S Department of Transportation (DOT) Procedures for Transportion Workplace Drug and Alcohol Testing Programs 49 CFR Part 40 and applicable DOT agency rules and regulations.
2. Notic CONTRACTOR must provide a copy of attached NOTICE TO CONTRACTOR EMPLOYEES (Exhibit C1) to all of its employees subcontractors and subcontractors and subcontractors employees and advise them prior to assigning them to work under the Contract of the COMPANY’s right to search.
3. Search CONTRACTOR must have the right to perform reasonable unannounced searches of its employees subcontractors and subcontractors employees including personal vehicles effects before entering COMPANY premises engaging in COMPANY business or operating COMPANY equipment. Prior to conducting a search and/or test of its employees subcontractors and subcontractors employees on company premises CONTRACTOR must notify the local COMPANY facility manager.
4. For-Cause Testing CONTRACTOR must have the right to perform controlled substance and alcohol tests based on a reasonable belief by CONTRACTOR or COMPANY that an individual is using alcohol or controlled substances on the basis of specific ,physical behavioral or performance indicators CONTRACTOR must remove any individual from COMPANY’s premises and service if the individual exhibits unusual job behavior or unacceptable job performance and CONTRACTOR or COMPANY believes that he/she may be using controlled substances or may be under the influence of alcohol or if an individual refuses or fails to have a requested test. The individual must be tested immediately for controlled substances and alcohol if the CONTRACTOR wants to request the right to return the individual to perform Services under the Contract. COMPANY will have the sole discretion to determine whether the individual will be reinstated to perform Services under the Contract if an individual tests positive or refuses to submit to testing.
5. Post-Accident Testing CONTRACTOR must conduct an immediate preliminary evaluation into circumstances of all accidents injuries near misses and mishaps (collectively “incident”) relating to services under the Contract This evaluation must include a review of the conduct and behavior of affected individuals following any incident or near miss involving such individuals to determine if an employee’s performance contributed to the incident or if the employee’s cannot be completely discounted as a contributing factor to the incident. When that evaluation reveals reasonable cause, then alcohol and/or controlled substances test(s) must be required by CONTRACTOR Individuals testing positive or refusing tests will be subject to reinstatement at COMPANY’s sole discretion
6. Alcohol Testing Where legally permissible, CONTRACTOR and its subcontractors must establish their right to perform and develop their capability for performing breath alcohol of their employees. A positive alcohol test is defined as having a blood alcohol concentration (% BAC) of 0.04% or above. Individuals testing positive or refusing tests will be subject to reinstatement at COMPANY’s sole discretion.
7. Training CONTRACTOR’s employees employees, subcontractors and subcontractors’ employees (before arriving on COMPANY premises ) must receive communication and training on topics that include the following :
(a) COMPANY’s and CONTRACTOR’s drug/controlled substances and alcohol policies;
(b) The effects and consequences of controlled substance and alcohol use on personal health, safety and work environment
(c) The details of CONTRACTOR’s employee assistance program if any and available treatment resources; and
(d) The cosequences for failing to comply with CONTRACTOR’s and COMPANY’s policies.
In addition CONTRACTOR’s and its subcontractors ‘ supervisor must receive must receive initial training on the manifestations and behavior causes that may indicate controlled substance and alcohol use or abuse.
8. Records. CONTRACTOR must keep books and records of all activities in compliance with the terms of this Exhibit and must maintain such books and records for a period of a period of at least twenty-four (24) months after termination of the Contract to which this Exhibit is attached.
9. Controlled Substances. At a minimum the controlled substance tests conducted under the CONTRACTOR’s policies must be capable of detecting the following classes of drugs: marijuana, cocaine ,opiates, amphetamines, phencyclidine, barbiturates and benzodiazepines.
END OF EXHIBIT D