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

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r.nN_cTwir,Tw 100% Quality 100% Employee Owned Over 100 Years 5.3.7 Failing to take or declining to take a second test as required by this policy or DOT regulations. _.5-.3.8._Failure to cooperate with Any_part of the testing process _and/or conduct that would obstruct the proper administration of a test (e.g., refusing to empty pockets when so directed by the collector; behave "in -a confrontational way that disrupts the collection process). 5.3.9 Refusing to sign Step 2 of the Alcohol Testing Form as found in Appendix 6 to 49CFR Part 40. 5.3.10 A report from the MRO that you have a verified adulterated or substituted test result. 5.3.11 For an observed collection, failure to follow the observer's instruction to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process. 5.3.12 Possess or wear a prosthetic or other device that could be used to interfere with the collectionprocess. 5.3.13 Admission to the collector or MRO by the employee that they adulterated or substituted their specimen. 5.4 Types of Tests There are seven (7) circumstances for drug and alcohol testing: • Pre -employment testing; -.Random testing; • Post -accident testing - - - - - - • Reasonable suspicion testing, • Return -to -duty testing; • Follow -tap testing; and • Dilute retesting. 5.5 Pre -employment Testing After a job offer has been extended, all ESOP and non -union job applicants must submit to a urine drug test. Applicants, ESOP, non -union and -union ion employees who are required to have or obtain a CDL license in order to drive a CMV for Rieth-Riley must submit to a urine drug and alcohol test unless a qualifying pre -employment exemption can be documented. 5.5.1 A qualifying pre -employment exemption will be granted if satisfactory documentation demonstrating that he/she has participated in a controlled substances testing program within the last thirty (30) days and the applicant, while participating in that program, was either tested in the last six (6) months or was subject to a random testing program for the last twelve (12) month period. 5.6 Random TestinjZ 5.6.1 ESOP and Non -Union Employees Rieth-Riley conducts random drug testing with the assistance and coordination of a third -party service agent. The random selection system provides an equal chance for each Area employee to be selected each time random selection occurs. All employees are subject to annual random drug testing; in addition, at least two percent (2%) of the employees subject to testing must be randomly tested each month. Random selections will be reasonably spread throughout the year. Random selection, by its very nature, may result in employees being selected for random testing more than once a calendar year. Once the MRO advises the HRD of the names (ESOP and non -union employees) selected for the random test: A. The HRD will notify the Office Manager and Group or Area Manager of the selection. Such notification shall not occur more than hventy four 04) hours in advance of the scheduled date of testing. B. The HRD will provide the names of the employees to be tested to the Office Manager and Group or Area Manager C. It is the Office lanagerand Group or Area Manager's responsibility to ensure that the employees assigned to tlhe Area report to the collection site at the scheduled time. D. The HRD must approve exceptions to the testing schedule. E. The MRO will contact the t= with employee names not tested. If an employee does not go to the HAD, such failure niay he considered a refusal to test and will he dealt with in accordance with Paragraph 5.3. 5.6.2 CMV Drivers (Whether ESOP, Non -Union or Union) Rieth-Riley conducts random drug and alcohol testing in accordance with the applicable regulations. Rieth-Riley will submit the names of all employees who have a CDL and who drive a CMV as part of their job description ("CNN Drivers") to a random selection system. The random selection system provides an equal chance for each employee to be selected each time random selection occurs. Random selections will be reasonably spread throughout the year. Rieth-Riley will drug test, at a minimum, fifty percent (50%) of the average number of CMV Drivers in each calendar year or at a rate established by the DOT for the given year. Rieth-Riley will select, at a minimum, ten percent (10%) of the average number of CMV Drivers in each calendar year for random alcohol testing, or at the rate established by the DOT for the given year. Random selection by its very nature may result in employees being selected for random testing more than once a calendar year. If a CMV Driver is selected at random, for either drug or alcohol testing, a Company official will notify the employee. Once notified, the employee must proceed to the designated collection site immediately. If the employee does not go to the collection site as soon as possible after notification, such conduct may he considered a refusal to test rind will be dealt with in accordance with Paragraph 5.3. 5.6.3 Union Employees If Paragraph 5.6.2 is not applicable and there is no applicable CBAdrug and alcohol