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and the Federal Motor Carrier Safety Administration (49 CFR Parts 382 and 383), as <br />amended whom shall not have the presence of alcohol in their system in a concentration <br />0.04 or greater, all while on Company premises or projects, engaged in Company <br />business, while operating Company vehicles and equipment, or performing any <br />work within the employee's scope of employment, and such behavior is strictly <br />prohibited and could, depending upon the circumstances, lead to immediate <br />termination. <br />4.2 This policy sets forth the procedures for the implementation of controlled <br />substance and alcohol testing of applicants who have been given a conditional offer <br />of employment and current employees. The administrator designated to monitor, <br />facilitate, and answer questions pertaining to this policy and these procedures is the <br />HRD, which can be reached at (574) 875-5183. <br />4.3 This policy shall govern with respect to all Rieth-Riley employees, except with <br />respect to union employees, whose CBA contains a drug and alcohol testing policy, <br />in which case, the terms of the CBA drug and alcohol testing provision shall <br />apply, to the extent not inconsistent with applicable law and/or regulations, <br />and/or as otherwise denoted herein. <br />4.4 This policy is based substantially on regulations issued by the U.S. Department <br />of Transportation (49 CFR Part 40) and the Federal Motor Carrier Safety <br />Administration (49 CFR Parts 382 and 383), as amended and the relevant portions <br />of Indiana Code 4-13-18, et seq. as amended. A complete copy of this policy, <br />including the applicable CBA provisions that deal with drug and alcohol testing <br />procedures and the foregoing regulations may be reviewed upon request at the <br />Rieth-Riley Area Office. <br />4.5 Rieth-Riley requires pre -employment drug testing after a conditional job offer <br />has been extended to an ESOP or non -union job candidate. The Company also <br />requires a drug and alcohol test for any applicant being considered for a position <br />which requires a CDL in order to drive a CMV. Any job candidate with a confirmed <br />drug test failure will not be hired. <br />4.6 It is possible that ESOP employees could be part of more than one (1) testing <br />pool, e.g. random pool and DOT pool. Each pool is managed separately and thus it <br />is possible to be required to report for a random test more than once in any given <br />month. Additionally, because of the nature of random draws from pools, it is possible <br />to be required to test in consecutive months or frequently over the course of the year. <br />4.7 It is Rieth-Riley's intent that this policy will at all times be in complete <br />compliance with applicable federal, state, and local statutes, ordinances, regulations <br />and laws. Therefore, this policy shall be automatically amended to comply with <br />applicable laws and regulations, and shall be read and construed as if said <br />amendments were expressly provided for herein. <br />3.2-3 01116 <br />