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

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`ILEY CONSTRUCTION CO., INC, 100 Quality & 100 Employee Owned a Over 100 Fears testing provision, this policy as it relates to ESOP employees shall govern to the extent it is not inconsistent with applicable law and/or regulations. 5.7 Post -Accident Testing For employees who are not CMV Drivers, or CMV Drivers who are involved in an accident that did not involve a CMV, post -accident testing (drug and alcohol) will be required when management judges an employee to have been the direct, or indirect, cause of an event that resulted in injury to a person or damage to property, or if an employee is required to receive offsite medical treatment, unless however it is determined by management under Rieth-Riley's Post Event Drug and Alcohol Screening Policy that such testing is not required because the screening result was negative. The third -party service agent will notify the HRD of the results. Employees who are CMV Drivers must submit to a drug and alcohol test any time he or she is involved in an accident where 1) a fatality is involved; or 2) the employee receives a citation for a moving violation arising from the accident that involved: Injury requiring medical treatment away from the scene; or - One or more vehicles having to be towedfrom the scene. 5.7.1 Any time a post -accident drug or alcohol testis required, it. must be performed as soon as practical. If no alcohol test can be made within eight (8) hours, attempts to perform an alcohol test shall cease. If no urine collection can be obtained for the purpose of post -accident drug testing within thirty-two (32) hours, attempts to make such collection shall cease. An employee is prohibited from consuming alcohol between the time of the accident and the test. 5.7.2 In the event that federal, state, or local officials conduct breath or blood test for the use of alcohol and/or urine tests for the use of controlled substances following an accident, employees must comply with law enforcement personnel requests. Rieth-Riley may request testing documentation from such agencies and may ask the employee to sign a release allowing it to obtain such test results. 5.7.3 For non-CMV Drivers, in the event an employee is so seriously injured that the employee cannot provide a sample of urine, breath or saliva at the time of the accident, the employee must provide necessary authorization for Rieth-Riley to obtain hospital records or other documents that would indicate the presence of controlled substances or alcohol in the employee's system at the time of the accident. 5.8 Reasonable Suspicion Testing Reasonable suspicion for requiring an employee to submit to drug and/or alcohol testing shall be deemed to exist when a trained supervisor or company official observes an employee manifesting physical, behavioral, speech or performance symptoms or reactions commonly attributed to the use of or being under the influence of controlled substances or alcohol. With respect to a CMV Driver, an alcohol test is authorized only if the circumstances that gave rise to reasonable suspicion were observed when the CMV Driver is about to perform, is performing or has just completed the performance of safety -sensitive functions. 5.8.1 Any trained supervisor or company official observing such conditions will take the following actions immediately: A. Contact your supervisor or DER. B. Confront the employee involved and keep tinder direct observation until the situation is resolved. C. Secure the DER's concurrence to observations. After discussing the circumstances with the DER, arrangements will be made to observe or talk with the employee. If he/she believes, after observing or talking to the employee, that the conduct or performance problem could be due to the illegal use of a controlled substance and/or the use of alcoholl, the employee will be immediately required to submit to a breath test or urinalysis. If the employee refuses to submit to testing for any reason, the employee will then be informed that continued refusal will result in disqualification from performing his/her job and possible disciplinary action tip to and including termination. D. Employees will be asked to release any evidence relating to the observation for further testing. Failure to comply may subject the employee to subsequent discipline orsuspension f-om driving or other deities. All confiscated evidence will be receipted for with signatures of both the receiving supervisor, as well as the provider E. Within twenty four (24) hours or before the results of the controlled substance test and/or alcohol test are released, the DER shall document in writing the particular facts related to the employee's suspect behavior or performance problems that led to the reasonable suspicion test; and shalt maintain this documentation in appropriate DOT and/or non -DOT f les. F. The DER shall remove or cause the removal of the employee from the, Company -owned vehicle, equipment and/or property and ensure that the employee is transported to an appropriate collection site and thereafter to the employee's residence or, where appropriate, to a place of lodging. Under no circumstances will that employee be allowed to continue to operate or drive a Company vehicle or piece of equipment until a confirmed negative test is received. G. If an alcohol test cannot be administered within m.,o (2) hours after it is determined that reasonable suspicion exists, Rieth-Riley will maintain a file stating the reasons for the delay. If the alcohol test is not administered within eight (8) hours after it is determined that reasonable suspicion exists, then Rieth-Riley will cease efforts to administer- the test and will record the reasons why the test was not administered.