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r..f)N'_AZTJ?11r.rWN <br />100 Quality <br />and alcohol testing -provision. <br />100% Employee Owned <br />Over 100 Years <br />3.0 CONSULT THE CBA to determine if the CBA contams specific drug and- alcohol testing provisions."With <br />respect to Operating Engineers, unless specifically noted, the provisions apply to all union employees in the <br />geographical area, including plant and shop employees. <br />4.0 RIETH-RILEY'S POLICY - <br />4.1 Employees are an extremely valuable resource for Rieth-Riley's business, and their employment, and their <br />health and safety is a serious concern of the Company. To this end, Rieth-Riley is committed to provide and maintain <br />a drug free, alcohol free, safe and healthy work environment for our employees. Employees who abuse alcohol or <br />drugs are a danger to themselves and their coworkers and create potential liabilities for Rieth-Riley that are <br />unacceptable. Specifically, it is the policy of Rieth Riley that the use, sale, purchase, transfer, possession or presence <br />in one's system of any controlled substance inclu ing marijuana ( with the exception of medically prescribed drugs <br />other than marijuana) or the use or possession of alcohol by any employee while on Company premises or projects, <br />engaged in Company business, while'oferding Company vehicles and equipment, or performing any -work within the - - <br />employee's scope of employment, is strictly prohibited and could, depending on the circumstances, lead to <br />immediate termination. Additionally, it is also the policy of Rieth-Riley that the presence of alcohol in an employee's <br />system shall not be in a concentration of any measurable level, excepting however those union employees identified in <br />Sections 2.2 above and whom are subject to the U.S. Department of Transportation (49 CFR Part 40) and the Federal Motor <br />Carrier Safety Administration (49 CFRParts 382 and 383), as amended, as well as any other union employees subj ecthereunder <br />and all of whom shall not have the presence of alcohol in their system in a concentration 0.04 or greater, all while on <br />Company premises or projects, engaged in Company business, while operating Company vehicles and <br />equipment, or performing any work within the employee's scope of employment, and such behavior is strictly <br />prohibited and could, depending it the circumstances, lead to intntediate termination. Moreover; those <br />employees who are subject to the U.S. Department of Transportation and the Federal Allotor Carrier Safety <br />Administration Rules and Regulations will be removed from safety sensitive ditties for a minimum of twenty-four <br />(24) hours if the presence of alcohol in their system is in a concentration between 0.02 and 0.04. <br />4.2 This policy sets forth the procedures for the implementation of controlled substance and alcohol testing of <br />applicants who have been given a conditional offer of employment and current employees. The administrator <br />designated to monitor, facilitate, and answer questions pertaining to this policy and these procedures is the HRD, which <br />can be reached at (574) 875-5183. <br />. 4.3 This policy shall govern with respect to all Rieth-Riley employees, except with respect to union employees, <br />whose CBA contains a drug and alcohol testing policy, in which case, the terms of the CBA drug and <br />alcohol testing provision shall apply, to the extent not inconsistent with applicable law and/or regulations, <br />or as otherwise indicated herein. <br />4.4 This policy is based, in part, on regulations issued by the U.S. Department of Transportation (49 CFR Part 40) <br />and the Federal Plotor Carrier Safety Administration (49 CFR Parts 382 and 383), as amended and the relevant <br />portions of Indiana Code 4-13-18, et seq. as amended. A complete copy of this policy, including the applicable <br />CBA provisions that deal with drug and alcohol testing procedures and the foregoing regulations fnay be reviewed <br />upon request at the Rieth Riley Area Office. <br />4.5 Rieth-Riley requires pre -employment drug testing after a conditional job offer has been extended to an ESOP or <br />non -union job candidate. The Company also requires a drug and alcohol test for any applicant being considered for a <br />position which requires a CDL in order to drive a CNN. Any job candidate with a confirmed drug test failztre will not <br />be hired <br />4.6 It is possible that ESOP employees could be part of more than one (1) testing pool, e.g. random pool and DOT <br />pool. Each pool is managed separately and thus it is possible to be required to report for a random test more than once <br />in any given month. Additionally, because of the nature of random draws from pools, it is possible to be required to <br />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 compliance with applicable federal, state, <br />and local statutes, ordinances, regulations and laws. <br />4.8 Recognizing that there may be employees who have a drug or alcohol problem, Rieth-Riley wants to assist any <br />such employee in overcoming that problem and encourages employees to seek help through its EAP, which is <br />administered by the HRD. See Section 6.0 herein. In addition, the employee will be advised of any insurance that may <br />be provided by Rieth-Riley that covers drug treatment or rehabilitation programs. The Company encourages <br />employees to seek help before a violation of this or other workplace policy or rule occurs. - <br />4.9 Nothing in this policy restricts, limits, or changes the employment at -will relationship between Rieth-Riley <br />and the employee. Neither this policy nor any of its terms create or are intended to create a contract of <br />employment. Rieth-Riley reserves the sole right to change, amend or modify any term or provision of this <br />policy at any time without notice to the employee. This policy supersedes all prior policies and statements <br />relating to alcohol or drugs. <br />5.0 ALCOHOL AND DRUG TESTING PROCEDURES <br />