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3RILEY CONSTRUCTION CO., INC. <br />100% Quality * 100% Employee Owned a Over 100 Years <br />7.1 Any employee testing positive for alcohol or who has a positive controlled substance test is considered to be in <br />violation of this policy, and is not qualified to drive a CMV, operate any equipment, perform any duties and will be <br />immediately removed from service and suspended, without pay, for a period of no less than thirty (30) days and will <br />be offered the opportunity to participate in the EAP as long as the positive test result is the first time. If a negative <br />return to duty drug test result is received from the MRO, Rieth-Riley will decide if continued employment of the <br />individual,is in the best interests of the company. If an employee either: a) provided a specimen that is determined <br />by the PIRO to be either adulterated or substituted; or b) previously tested positive, completed the EAP prescribed <br />by the counselor, and tests positive. a second time at any time in the fixture, then it will result in his/her immediate <br />termination with no opportunity for re -hire in the facture at any Rieth Riley location. If an employee has refused to <br />test, the employee will be considered in violation of this policy and will be dealt with in accordance with Paragraph <br />5.3. <br />7.2 To be able to be returned to a CDL position the employee must complete the steps outlined in Paragraphs 5.9 <br />and 5.10 and Section 6.0. <br />8.0 VOLUNTARY DISCLOSURE <br />Rieth-Riley encourages employees to seek help if they feel they have a problem with drug or alcohol misuse <br />before it becomes a matter of discipline with the Company. Rieth-Riley will assist any employee in seeking <br />professional help to address their problem, who volntary discloses to the Company that he/she believes that he/she <br />has a drug and/ alcohol problem. This voluntary step of self -identification is the responsibility of the employee; and <br />with the exception of certain conditions, will alleviate the requirement for disciplinary action if brought to Rieth-Riley's <br />attention prior to any testing conducted by Rieth-Riley or violation of this policy. Upon disclosure of a problem <br />to Company personnel, the employee will be removed from all duties, including safety -sensitive duties- without pay <br />until completion of all steps outlined in Section 6.0 of this policy. The employee will be responsible for costs <br />associated with'this process in the same manner as any other employee. If the employee makes no commitment to <br />overcoming the problem and achieving a satisfactory level of performance, attendance, or behavior, then termination <br />of employment will result. <br />9.0 CONFIDENTIALITY AND RELEASE OF INFORMATION <br />9.1 Under no circumstances, unless required or authorized by law, will alcohol or drug testing information or results <br />for any employee or applicant be released without written request and/or authorization from the applicable employee. <br />9.2 However, Rieth-Riley may release information as follows: <br />9.2.1 Copies of the results of alcohol or drug testing to an identified person provided the employee has provided <br />written consent. <br />9.2.2 Copies of information requested by the Secretary of Transportation, any DOT agency, or any State or local <br />official with regulatory control over Rieth-Riley or any of its employees. <br />9.2.3 The results of post -accident testing when requested by the National Transportation Safety Board as part <br />of an accident investigation. <br />9.3 Employees are entitled, upon written request, to obtain copies of any records pertaining to their use of alcohol or <br />controlled substances, including any records pertaining to his or her alcohol or controlled substance tests. <br />9.4 The HRD will maintain a list of all former employees who have tested positive and refused to participate in any <br />EAP regimen of treatment or who have refused to take a test. Prior to hiring a person into a non -union or ESOP <br />position, that person's name must be checked against this list by contacting the HRD. If the person has refused <br />treatment or a test, they are not eligible for re -hire and a notation will be made in his/her personnel file identifying the <br />reason for the hiring prohibition. <br />(01/19) <br />