Opening of Bids - 2021 Asphalt Materials Bid Proj No. 121-026 - Rieth Riley Construction

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w-M-ILEY CONSTRUCTION CD.. INC. 100%+qualify * 100% Employee Awned a Over 100 Years 5.1 Prohibited Conduct - The following shall be considered "prohibited conduct" for purposes of this policy: 5.1.1 No employee shall report, perform duties within the scope of his/her employment or remain at work while under the influence of alcohol or drugs, nor may such employee possess, use, or distribute alcohol or illegal drugs (including marijuana) while at work. 5.1.2 With respect to safety -sensitive functions, no employee shall report for duty or remain on duty requiring the performance of safety -sensitive fiinctions while having an alcohol concentration greater than those limits specified and as set forth in Section 4.1 herein. An employee is considered to be performing a safety -sensitive f tnction if he/she is actually performing, ready to perform or immediately available to perform any of the following functions: A. All time spent at facility waiting to be dispatched; B. All time inspecting, servicing or operating any CMV at any time; C. All driving time or time spent at the driving controls of any CW in operation; D. All time spent loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, including completion W any related paperwork; and remaining in readiness to operate the vehicle; E. All time performing those duties required of an employee involved in a vehicle accident, or F. All time spent repairing, assisting, or attending to a disabled motor vehicle. 5.1.3 No employee shall be on duty or operate a CMV while the employee possesses or is under the influence of alcohol. 5.1.4 No employee shall use alcohol while performing safety -sensitive functions. 5.1.5 No employee shall perform safety -sensitive functions within four (4) hours after using alcohol. 5.1.6 No employee required to take a- post -accident test shall use alcohol for eight (8) hours following the accident or until he or she undergoes a post -accident test, whichever occurs first. 5.1.7 No employee shall refuse to submit to a post -accident, random, reasonable suspicion, return -to -dotty, dilute or follow-up alcohol or drug test. If, however, an employee is screened per the terms of Rieth-Riley's Post Event Drug and Alcohol Screening Policy and the result is negative, then the employee will not be required to submit to the test prescribed hereunder post -accident. 5.2 Prescription Medication and/or Other Medication Use 5.2.1 An employee is prohibited from reporting for duty or remaining on duty when the employee uses or is under the influence of any medication. As stated above, the use (on or off duty) of marijuana, even if for medical purposes, is prohibited under Rieth-Riley's policy. 5.2.2 Any employee who is using a prescribed drug, or over-the-counter medication, which is known or advertised as possibly affecting or impairing . judgment, coordination or other senses, (including tD dizziness or drowsiness), or which may adversely affect the employee's ability to perform work in a safe and productive manner, must notify the Company prior to starting work or entering any Company premises. This requirement does not apply if the medication use is pursuant to prescription or written instruction of a physician (for over-the-counter medication) who has advised the employee that the substance will not adversely affect their ability to safely perform their duties. The Company will engage in a fact -based individualized assessment to determine if the employee can remain at work or on the Company premises and what work restrictions, if any, are deemed necessarythat could allowthe employee to safely and effectively performbis or her work. 5.2.3 Ingestion of products that contain hemp will not be an acceptable explanation for testing positive for manj uana. 5.2.4 The production of a state -issued medical marijuana card or similar certification will not be acceptable explanation for testing positive for marijuana. 5.2.5 The use of products which contain cannabidiol (CBD) will not be an acceptable explanation for testing positive for marijuana. 5.3 Refusal to Test Refusal to submit to the types of drug and alcohol tests employed by the Company will be grounds for refusal to hire employee/applicant(s) and to discipline existing employee(s) up to and including termination. A refusal to test would include any of the following situations: 5.3.1 Failing to appear for any test within a reasonable time after being directed to do so. 5.3.2 Failing to remain at the testing site until the testing process is completed. 5.3.3 Failure to provide a breath sample, saliva sample or urine sample as directed or in some isolated cases, a sample as directed by the third -party service agent. 5.3.4 Failure to permit, if the situation requires, the observation or monitoring of providing a urine specimen. 5.3.5 Failure to provide a specimen, as directed, within required time frames may be considered a refusal. If an employee cannot provide a sufficient quantity of Lime or breath, he/she will be directed to be evaluated by a physician of the Company's choice. If the physician cannot find a legitimate medical explanation_for the inability to provide a specimen, (either breath or urine), it will be considered a refusal to test. 5.3.6 Failure to undergo a medical examination or evaluation as directed by the MRO as part of the verification process, or as directed by the DER as part of a "shy bladder" or "insufficient breath" situation.