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4.8 Recognizing that there may be employees who have a drug or alcohol <br />problem, Rieth-Riley wants to assist any such employee in overcoming that problem <br />and encourages employees to seek help through its EAP, which is administered by <br />the HRD. See Section 6.0 herein. In addition the employee will be advised of any <br />insurance that may be provided by Rieth-Riley that covers drug treatment or <br />rehabilitation programs. <br />4.9 Nothing in this policy restricts, limits, or changes the employment at -will <br />relationship between Rieth-Riley and the employee. Neither this policy nor any <br />of its terms create or are intended to create a contract of employment. Rieth- <br />Riley reserves the sole right to change, amend or modify any term or provision <br />of this policy at any time without notice to the employee. This policy <br />supersedes the January 2013 policy and all prior policies and statements <br />relating to alcohol or drugs. <br />5. ALCOHOL AND DRUG TESTING PROCEDURES <br />5.1 Prohibited Conduct - The following shall be considered "prohibited conduct" <br />for purposes of this policy: <br />5.1.1 No employee shall report, perform duties within the scope of his/her <br />employment or remain at work while under the influence of alcohol or drugs. <br />5.1.2 With respect to safety -sensitive functions, no employee shall report for <br />duty or remain on duty requiring the performance of safety -sensitive functions <br />while having an alcohol concentration greater than those limits set forth in Section <br />4.1 herein. An employee is considered to be performing a safety -sensitive <br />function if he/she is actually performing, ready to perform or immediately <br />available to perform any of the following functions: <br />A. All time spent at facility waiting to be dispatched; <br />B. All time inspecting, servicing, or conducting any CMV at any time; <br />C. All driving time or time spent at the driving controls of any CMV in <br />operation; <br />D. All time spent loading or unloading a vehicle, supervising, or <br />assisting in the loading or unloading, attending a vehicle being <br />loaded or unloaded, including completion of any related paperwork; <br />and remaining in readiness to operate the vehicle. <br />E. All time performing those duties required of an employee involved in <br />a vehicle accident; or <br />3.2-4 01 /16 <br />