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may be suspended or terminated by the Company. In deciding what <br />action to take, the Company will take into consideration the nature <br />of the charges, the employee's present job assignment, the <br />employee's record with the Company, including length of service <br />and other factors relative to the impact of the employee's arrest upon <br />the conduct of the Company's business and reputation. <br />3. Searches. <br />(a) Ritschard may conduct unannounced searches for chemical <br />substances in company facilities, in company property or on <br />company premises, including company vehicles in the company <br />parking lot. Employees are expected to cooperate in the conducting <br />of such searches. <br />(b) Searches of employees and their personal property may be conducted <br />upon reasonable suspicion; this includes, but is not limited to, when <br />an employee appears to be in an unfit condition, or when there has <br />been a reportable accident, or when circumstances or workplace <br />conditions justify such search in the employer's sole discretion. <br />(c) Although an employee, or his personal property, will not be searched <br />without consent, an employee's consent to such a search is required <br />as a condition of employment and the employee's refusal to consent <br />will result in the employee's suspension without pay for thirty (30) <br />calendar days on the first refusal and termination on the second <br />refusal. <br />(d) Searches of company facilities and company property, including <br />lockers and company vehicles, can be conducted at any time and do <br />not have to be based on reasonable suspicion. <br />4. Random Testing. <br />(a) The Company may require a test on a random basis if: <br />(i) The test is authorized by federal or state law. <br />(ii) The employee serves in an occupation that regulations of the <br />Indiana Department of Labor have designated as a high risk <br />or safety -sensitive occupation. <br />13 <br />