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CnN.qrR►ir, TwN <br />100 Quality a 100 Employee Owned <br />DRUG AND ALCOHOL TESTING POLICY <br />C V(; <br />Over 100 Years <br />0.0 DEFINITIONS. In addition to the definitions below, the definitions found in 49 CFR Part 40 and 49 CFR Parts 382 <br />and 383, as amended, shall apply to this Drug and Alcohol Testing Policy. Contact the Human Resource <br />Department, if you have any questions pertaining to the regulations. <br />0.1 The terms "Company," "Rieth-Riley" or "Employer" as used herein refer to Rieth-Riley Construction Co., Inc. <br />and its wholly owned subsidiaries. <br />0.2 Company Official / Management means officer, department manager, group or area manager, office manager, <br />project manager, supervisor or foreman. <br />0.3 CBA means Collective Bargaining Agreement. <br />0.4 CDL means Commercial Driver's License. <br />0.5 CMV means Commercial Motor Vehicle. <br />0.6 DER means Designated Employer Representative. <br />0.7 DOT means the Department of Transportation <br />0.8 EAP means Employee Assistance Program. <br />0.9 EAP Administrator refers to the Human Resource Department (also known as the "I3RD"). <br />0.10ESOP means an employee who is a participant in the Rieth-Riley Construction Co., Inc. Employees' Stock <br />Ownership Plan and Trust. <br />O.11Lej�al Drug means drugs prescribed by a licensed medical practitioner and over-the-counter drugs which have <br />been legally obtained and are being used solely for the purpose and quantity for which they were prescribed or <br />manufactured; however, marijuana and its active chemical ingredient, Tetrahydrocannabinol (THC), are explicitly <br />excepted from any list of legal or acceptable drugs whether medical or recreational and despite any state law to the <br />contrary, and shall be regarded as an illegal and prohibited substance and Schedule I drug by Rieth-Riley. To be clear, <br />the Company does not accommodate or allow for the medical or recreational use of marijuana on or off duty. <br />0.12MRO means Medical Review Officer. <br />0.13Prohibited Use means the usage of any drug which: <br />• Is not legally obtainable; <br />• May be legally obtainable, but has not been legally obtained; <br />• May have been legally obtained, but is being used in a manner, or for a purpose, other than as prescribed or <br />intended; or <br />• May be legally obtained and/or legally possessed and used but is prohibited from being in one's system; <br />possessed or used while on the job; or brought onto Company property or a job site under Rieth-Riley's Drug & <br />Alcohol Policy, the DOT's regulations, and/or a union employee's collective bargaining agreement. <br />0.14 SAP means Substance Abuse Professional. <br />0.15 Scope of Employment means whenever an employee is engaged in activities that are related to his/her work or <br />that are logically and naturally connected with it. This includes, but is not limited to, activities while on Rieth-Riley's <br />property, while on a construction job site, while driving to and from Rieth-Riley offices, job sites, or other job related <br />locations, while attending business -related activities or while operating a vehicle or machine leased or owned by Rieth- <br />Riley. <br />0.16Screenine Test (initial test) means in alcohol testing: a procedure to determine if an employee has a prohibited <br />concentration of alcohol in his or her system. In controlled substance testing. a screen to eliminate `negative' urine <br />specimens from further consideration. Note: This definition is distinct in meaning from Rieth-Riley's Post Event: <br />Drug and Alcohol Screening Policy. <br />0.17 THC an acronym for Tetrahydrocannabinol, the psychoactive chemical ingredient in marijuana. <br />0.18Under The Influence means the physical and/or mental impairment resulting from the consumption, ingestion, <br />injection or any of er means of intake, of drugs or alcoholic beverages into the body. For purposes of this policy, a <br />confirmed positive drug or alcohol test establishes use and that an employee is "under the influence." <br />WHAT DRUG AND ALCOHOL TESTING POLICY APPLIES: <br />1.0 IF THE EMPLOYEE IS NON -UNION, then Rieth-Riley's Drug and Alcohol Testing Policy applies. <br />2.0 IF 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 policy applies. <br />2.2 If the union employee has a CDL and is authorized to drive a Rieth-Riley CMV, then Rieth-Riley's policy will <br />govern over any CBA drug and alcohol policy that is inconsistent with the Federal Motor Carrier Safety <br />regulations dealing with drug and alcohol testing involving CDLs. <br />2.3 If neither 2.1 nor 2.2 apply, then Rieth-Riley's policy applies, but only with respect to post -accident and <br />reasonable suspicion testing. Rieth-Riley cannot test a union employee on a random basis without a CBA drug <br />