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0.16 Under The Influence means the physical and/or mental impairment resulting <br />from the consumption, ingestion, injection or any other means of intake, of <br />drugs or alcoholic beverages into the body <br />WHAT DRUG AND ALCOHOL TESTING POLICY APPLIES: <br />1. If the employee is non„ -union, then Rieth-Riley's Drug and Alcohol Testing Policy <br />applies. <br />the employee is union, then: <br />2.1 If there is a drug and alcohol testing policy that is part of the CBA, then that <br />policy applies. <br />2.2 If the union employee has a CDL and is authorized to drive a Rieth-Riley CMV, <br />then Rieth-Riley's policy will govern over any CBA drug and alcohol policy that is <br />inconsistent with the Federal Motor Carrier Safety regulations dealing with drug and <br />alcohol testing involving CDLs. <br />2.3 If neither 2.1 nor 2.2 apply, then Rieth-Riley's policy applies, but only with <br />respect to post -accident and reasonable suspicion testing. Rieth-Riley cannot <br />test a union employee on a random basis without a CBA drug and alcohol <br />testing provision. <br />3. CONSULT THE CBA to determine if the CBA contains specific drug and alcohol <br />testing provisions. With respect to Operating Engineers, unless specifically noted, the <br />provisions apply to all union employees in the geographical area, including plant and shop <br />employees. <br />4. RIETH-RILEY'S POLICY <br />4.1 Employees are an extremely valuable resource for Rieth-Riley's business, and <br />their business, and their health and safety is a serious concern of the Company. To <br />this end, Rieth-Riley is committed to provide and maintain a drug free, alcohol free, <br />safe and healthy work environment for our employees. Employees who abuse <br />alcohol or drugs are a danger to themselves and their coworkers and create potential <br />liabilities for Rieth-Riley that are unacceptable. Specifically, it is the policy of Rieth- <br />Riley that the use, sale, purchase, transfer, possession or presence in one's system <br />of any controlled substance (except medically prescribed drugs) or the possession of <br />alcohol by any employee while on Company premises or projects, engaged in <br />Company business, while operating Company vehicles and equipment, or performing <br />any work within the employee's scope of employment, is strictly prohibited and could, <br />depending on the circumstances, lead to immediate termination. Additionally, it <br />is also the policy of Rieth-Riley that the use or presence of alcohol in an employee's <br />system shall not be in a concentration of any measurable level, excepting those <br />employees who are subject to the U.S. Department of Transportation (49 CFR Part 40) <br />3.2-2 01116 <br />