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Exhibit A: Drug Testing Policy (Oklahoma - Non-DOT)
1. General Policies on
Drug/Alcohol
Use
The Company has a policy which prohibits any employee from
reporting to work, or remaining on duty, with ANY detectable level of
alcohol or illicit drugs in their bodies. It is the belief of the
Company that it will have a better workforce if the Company discourages
any use of illicit drugs by its employees. Likewise, it is the belief
of the Company that it will have a better workforce if it discourages
any use of alcohol by employees at a level which is still detectable in
their blood/urine when such employee reports to work. Therefore, the
Company has chosen to adopt a "no detectable level" standard - rather
than a standard based upon perceived intoxication and/or levels above a
certain permissible limit. All employees should be on notice that, if
they choose to use illicit drugs or engage in the habitual use of
alcohol (even during off-duty hours), they are likely to report to work
with detectable levels of such substances - and severe disciplinary
action will be taken against them for violation of the Company's
drug/alcohol policy.
The Company also has strong policies, which are set forth
below, which prohibit possession/use/transfer of illicit drugs on
Company property and which likewise restrict the possession/use of
alcohol on Company property.
Finally, to insure worker and customer safety, all employees
who take prescribed drugs which may affect their mental or physical
alertness are required to report such information to the Plant Nurse,
in order to obtain clearance to work while using such prescribed
medications. Details of this policy are set forth below.
a. No working while under
the
influence
It is the policy of the Company to prohibit employees from
reporting to work with detectable amounts of alcohol or any
non-prescribed controlled substances in their blood/urine; to conduct
appropriate testing to verify whether such levels are present; and to
require evaluation and treatment of employees found in violation of
this policy as a condition of continued employment.
b. Reporting of certain
prescription
drugs
The Company requires employees to report to the Company Nurse
whenever they are taking any prescribed drugs which contain warning
labels concerning effects on concentration; on sedation; or on the
operation of machinery or motor vehicles. The Company will assess the
work of the employee, and the individual effects on the employee, in
making a decision whether the employee should be placed on medical
leave during the time when this prescription is required.
c. Prohibited conduct on
Company
property
It is the policy of the Company to immediately discharge any
employee who has any non-prescribed controlled substance in his/her
possession on Company property; who transfers or sells any such
substance to another person on Company property; or who accepts or
purchases any such substance on Company property. It likewise is the
policy of the Company to discharge any employee who has alcohol in his
possession on Company property (except for unopened containers kept at
all times in trunk of the employee's locked personal vehicle). For the
purposes of this Policy, Company property includes any Company vehicle.
2. Circumstances Under Which
Drug/Alcohol Testing Will Occur
The Company will conduct testing of employees and applicants
under the following circumstances. Refusal of any employee or applicant
to participate in such testing shall be considered grounds for
termination
a. Testing of Applicants
All applicants are offered employment conditioned upon their
successful passing of a drug/alcohol test. Failure to submit to such
testing shall be grounds for refusal of employment. If the test shows a
positive result for presence of drugs or alcohol, and such test results
are confirmed, then such test results shall be grounds for refusal of
employment.
b. Testing Based On
Reasonable
Suspicion of Violation
Whenever the Company has a reasonable suspicion that an
employee has violated the policy of the Company, the Company reserves
the right to insist that the employee submit to a drug/alcohol test as
a condition of employment.
"Reasonable suspicion" means a belief that the employee has
used, or is using, drugs/alcohol in violation of the policy of the
Company, based upon such factors as: observable phenomena, such as
display of physical symptoms of usage of such substances while on duty
or actual observation of such usage; reliable and corroborated reports
by others that the employee has used forbidden substances while on
duty; evidence that the employee has tampered with one or more prior
drug/alcohol tests while employed with the Company; or evidence that
the employee has been involved in drug possession, use or sale while on
Company property or while using Company equipment.
c. Post-Accident Testing
Whenever the employee has been involved in a work-related
injury to himself or a coworker or has damaged Company property in an
amount anticipated to exceed $500, the Company reserves the right to
require that the employee submit to a drug/alcohol test as a condition
of continued employment. The Company also reserves the right to conduct
post-accident testing under Clause 2.b, above, where the Company has a
reasonable suspicion that the accident occurred because of a violation
by the employee of this Policy.
d. Random Testing
In addition to testing based upon reasonable suspicion, the
Company reserves the right to randomly test employees for compliance
with its policy. As used in this Policy, "random testing" means a
mechanism for selection of employees for testing which results in an
equal probability that any employee from a group of employees will be
tested, and which does not give the Company discretion to waive the
selection of an employee selected by this random selection method.
e. Scheduled Periodic Testing
The Company further reserves the right to conduct drug/alcohol
testing as a part of regularly scheduled physical exams for its
employees. In addition, the Company reserves the right to conduct
periodic testing on a regularly scheduled basis for employees in
designated departments, classifications or work groups. Normally, such
testing will not be scheduled more often than annually.
f. Post-Rehabilitation
Testing
Where the employee has had a confirmed positive test result,
or has been sent to a drug/alcohol dependency program at the request of
the employer (and/or paid in whole or in part by an employee benefit
program), the Company reserves the right to condition continued
employment of such employee upon the taking and passing by the employee
of follow-up drug/alcohol tests during a probationary period (which
tests may be scheduled as many times as the Company considers necessary
within the two (2) year period after the employee's return to work).
3. Employees and Applicants
Who Are
Subject To Testing
All applicants are subject to testing as a condition of hire.
All employees are subject to testing whenever they fall within one of
the categories set forth in Section 2, above.
4. Substances Covered By
Drug/Alcohol
Testing
Employees and applicants will be tested for their use of
alcohol (ethyl alcohol), and for their use of commonly-abused
controlled substances, which (at the present time) include:
Amphetamines, Barbiturates, Benzodiazepines, Opiates, Cannabinoids,
Cocaine, Methadone, Methaqualone, Phencyclidine (PCP), Propoxyphene,
and chemical derivatives of these substances. Common street or brand
names of these substances include: speed/uppers; downers;
tranquilizers, such as Valium; sleeping pills; pain killers, such as
Demoral; morphine; heroin; marijuana/grass; angel dust; quaaludes;
coke; and opium. Because the listing of all possible drugs of abuse is
quite lengthy, and changes from time to time, at the time of the test,
interested employees should request a listing of all substances to be
tested from the testing laboratory.
Employees should be aware that certain substances are
detectable in the urine for several weeks after usage. Therefore, all
employees are cautioned to be certain to advise testing lab employees
of all prescription drugs taken in the past month before the test, and
to be prepared to show proof of such prescription to testing lab
personnel and/or Company officials.
5. Testing Methods and
Procedure
All testing will be conducted by a licensed independent
medical laboratory, which will follow testing standards established by
the State of Oklahoma and/or federal government. Testing will be
conducted on a urine sample provided by the employee to the testing
laboratory under procedures established by the laboratory to insure
privacy of the employee, while protecting against tampering/alteration
of the test results.
Applicants will submit to testing before hire, and will not be
paid for time spent in taking the test. Employees will be considered to
be engaged at work for the time spent in taking any tests, and will be
compensated for such time at regular rates.
The Company will pay for the cost of the testing, including
the confirmation of any positive test result by gas chromatography. The
testing lab will retain samples in accordance with State law, so that
an employee may request a retest of the sample at his/her own expense
if the employee disagrees with the test result.
6. Consequences of Refusal
to Undergo
Testing
Employees and applicants who refuse to take testing which is
requested under this Policy are subject to immediate discharge or
withdrawal of the offer of employment. All personnel should be aware
that the Oklahoma Standards for Workplace Drug Testing Act provides
that refusal to take a lawfully requested drug/alcohol test, or testing
positive on such a test, constitutes "misconduct" within the meaning of
the Oklahoma Unemployment Compensation laws and will disqualify an
individual from receipt of unemployment compensation.
7. Potential Adverse
Personnel Action
From Positive Test
If applicants have a positive test result, the Company
reserves the right to immediately withdraw the offer of employment
unless the applicant can provide a satisfactory explanation of the
positive test, and thereafter can take and pass another drug/alcohol
test.
If an employee tests positive on an initial screening test,
the employee may be temporarily suspended while the confirmation test
is being conducted. On receipt of the confirmation test, the employee
is subject to disciplinary action, up to and including discharge. The
type of discipline selected by the Company will depend upon a variety
of factors, including the prior work record of the employee; the length
of prior employment; the prior accident and attendance record of the
employee; the circumstances which led to the testing; and the proposals
by the employee to address the problem.
All employees will be advised of the existence of the
Company's Employee Assistance Program through applicable employee
handouts and manuals. Employees will be reminded of the availability of
such program at the time that the Company provides the employee with
positive test results. However, the existence of the EAP - or use by
the employee of the EAP - does not constitute any guarantee of
continued employment with the Company of any employee who has received
a positive test result.
8. Right to Explain Test
Results
All employees and applicants have the right to meet with the
testing laboratory personnel, and with the Company, to explain their
test results. These discussions shall be considered confidential
(except that information disclosed in such tests may be communicated to
personnel within the Company or within the Lab who need to know such
information in order to make proper decisions regarding the test
results or regarding the employment of the individual).
9. Right to Review Records
Employees and applicants have a right to obtain copies of all
test results from the testing laboratory, or from the Company. When the
individual disagrees with the test results, the individual may request
that the testing laboratory repeat the test. Such repeat test shall be
at the expense of the individual, unless the repeat test overturns the
original report of the Lab, in which case the Company will reimburse
the employee for the costs incurred for the retest.
10. Confidentiality
Requirements
All records concerning test results will be kept in medical
files which are maintained separately from the personnel file of the
employee/applicant. These test records cannot be used in any criminal
or civil proceeding, except where such action has been brought by the
Company or involves a suit between the Company and the employee, unless
the records have been ordered released in accordance with a valid order
of the Court.
The records cannot be disclosed to any other person by the
Company, in the absence of a Court Order, except where the
employee/applicant has signed a release which specifically authorizes
the Company to disclose such records to the requesting person.
Except where testing is done as a part of a routine
employee/applicant physical exam, testing laboratories may conduct
testing only for substances included on the Disclosure list provided to
the individual, and may not conduct general testing related to the
medical conditions of the individual which are unrelated to
drug/alcohol usage.
11. Available Appeal
Procedure,
Remedies and Sanctions
Employees and applicants may request a retest of their
positive test results, within five (5) working days after notification
by the Company of such positive test result. This retest is at the
expense of the individual, unless the original test result is called
into question by the retest.
Where the employee/applicant believes that the positive test
result was affected by taking of lawful or prescribed substances, the
individual may be suspended without pay (or hire date postponed)
pending receipt of confirming information to substantiate the claims of
the individual. Normally, the individual will be provided no more than
five (5) working days in which to provide this additional information.
Once the Company has determined that there is insufficient
evidence to indicate that the test results are inappropriate, the
Company will advise the individual of its decision concerning
disciplinary and/or corrective action. Applicants have no further
appeal rights.
If an incumbent employee disagrees with the decision of the
Company, the individual must present an alternative written proposal to
the Personnel Manager within five (5) working days of notification of
this decision. The Personnel Manager, in his/her discretion, may adopt
the original decision of the Company, or may adopt the plan proposed by
the individual, or may adopt such different plan as may appear to be
workable, The decision of the Personnel Manager on such plan shall be
final.
Once the Personnel Manager has made a final decision regarding
the plan which is acceptable to the Company, the individual must notify
the Personnel Manager within three (3) working days whether he/she will
comply with the terms of the plan. If the employee refuses to sign an
agreement to be bound by the terms of such plan, the employee may be
discharged.
If an employee or applicant believes that the Company has
willfully violated their rights under the Oklahoma Standards for
Workplace Drug and Alcohol Testing Act, such individual is entitled to
file suit within two years of discovery of such violation or within two
years of the exhaustion of any internal appeal rights set forth in this
Policy. A willful violation of the Act also is a misdemeanor under
Oklahoma law. Available remedies in a civil suit include reinstatement,
payment of lost wages, and restoration of full benefits, but attorney
fees and costs can be awarded to the prevailing party (which means that
the Company may obtain its attorney fees and costs from the employee if
the suit is unsuccessful).
12. Notice of Policy Changes
The Company reserves the right to modify, alter or amend this
Policy at any time, and for any reason. Under Oklahoma law, no changes
in the Policy can take effect until thirty days after the new Policy
has been given to employees. Therefore, employees are encouraged to
periodically review the Employee Bulletin Board so that they can be
aware of any changes or alterations in this Policy.
13. Policy Does Not Change
"At Will"
Status
Unless an employee has a written contract of employment which
has been signed by the President and approved by the Board of
Directors, all employees are considered to be employed "at will". This
means that, under Oklahoma law, the employee may quit at any time for
any reason and the Company may choose to end the employment
relationship for any time and for any reason.
Nothing in this Drug/Alcohol Policy is intended to alter in
any way the "at will" employment relationship, or intended to create
any contract of employment between the Company and any employee.
Acknowledgement
of
Receipt of Drug/Alcohol Policy
This is to acknowledge that I have received a
copy of the Company's Drug/Alcohol
Policy. I understand that, as a condition of my employment, I may not
report
to work or remain on duty with ANY detectable levels of illicit drugs
or
alcohol in my body, and that I am further obligated to comply with the
remaining
provisions of the Policy.
I understand that, from time to time, I may
be
requested to take drug/alcohol
tests in accordance with the provisions of the Policy. I specifically
agree
to take such tests, and to be bound by the results thereof (subject to
any
right which I may have to obtain independent confirmation of such test
results).
I further understand that, if I refuse to take any drug/alcohol test
which
is requested by the Company in accordance with this Policy, I am
subject
to immediate discharge. In addition, I acknowledge that I have been
informed
that Oklahoma law may treat my refusal of testing as grounds to
disqualify
me from receiving unemployment compensation.
By accepting and/or continuing my employment
with
the Company, I agree to
be bound by all provisions of its Drug/Alcohol Policy, including any
amendments
or modifications which may be made in the future. I understand that any
changes
of the Policy will be posted on the Employee Bulletin Board, and that
it
is my obligation to monitor such notices in order to familiarize myself
with
any changes in this Policy.
__________________________
Signature of Applicant/Employee
__________________________
Print Name of Employee/Applicant
Date: _____________________
Witness: ___________________
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