Safety and Health Program- Drug Prevention Chapter

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Drug Prevention Policy

SECTION I. INTRODUCTION

A. Prohibited Drug Policy.

1. The Company has a long standing commitment to maintain the highest standards for employee safety and health and the use of controlled substances is contrary to these high standards.

2. This policy is also to bring the Company into compliance with federal law. The purpose of the drug prevention plan is to reduce accidents that result from the use of controlled substances, thereby reducing fatalities, injuries, and property damage.

3. The presence in the body of prohibited substances is not condoned.

B. Implementation of Drug prevention plan.

1. The Company has implemented the Research and Special Programs Administration, Drug Testing Regulations as set forth in 49 CFR Part 199 and the Department of Transportation, Procedures for Transportation Workplace Drug Testing Programs as set forth in 49 CFR Part 40.

2. Implementation of the drug prevention plan was effective on .

C. Background.

1. The catalyst for the drug prevention plan is Title 49 Code of Federal Regulations (CFR) Part 199 which requires Company's subject to 49 CFR Parts 192, 193, and 195, and their contractors to test their employees for prohibited drugs under the following work-related conditions:

a. Pre-Employment

b. Post-Accident

c. Random

d. Reasonable Cause

e. Return-to-Duty

2. Title 49 CFR Part 40 specifies procedures which must be followed by the Company when conducting drug testing pursuant to regulations issued by agencies of the Department of Transportation (DOT).

NOTE: Specific Definitions: The Company must address the definition of "accident" under § 191.3 and/or § 195.50 and the definition of a "Covered Employee." The remaining definitions listed in Section D are optional, however, they may provide further clarification for employees on a number of common terms used throughout this drug prevention plan.

D. Definitions.

For purposes of this drug prevention plan the following definitions apply:

1. Accident means a reportable incident as follows:

(1) Death of any person.

(2) Bodily harm to any person resulting in one or more of the following:

(a) Loss of consciousness.

(b) Necessity to carry the person from the scene.

(c) Necessity for medical treatment.

(d) Disability which prevents the discharge of normal duties or the pursuit of normal activities beyond the day of the accident.

(3) Estimated property damage, including cost of clean-up and recovery, value of lost product and damage to the property of the Company or others, or both, exceeding $1,000.

(4) An event that results in an emergency shutdown of the Company.

(5) An event that is significant, in the judgment of the Company, even though it did not meet the criteria of paragraphs (1) or (2).

2. Blind Sample - a urine specimen submitted to a laboratory for quality control testing purposes, with a fictitious identifier, so that the laboratory cannot distinguish it from employee specimens, and which is spiked with known quantities of specific drugs or which is blank, containing no drugs.

3. Chain-of-Custody - procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. These procedures shall require that an appropriate drug testing custody form from a Department of Health and Human Services (DHHS) certified laboratory be used from time of collection to receipt by the laboratory.

4. Collection Site - a designated clinic/facility where applicants or employees may present themselves for the purpose of providing a specimen of their urine to be analyzed for the presence of drugs.

5. Collection Site Person - a person who instructs and assists applicants and employees through the specimen collection process.

6. Company - an organization or commercial enterprise that uses this drug prevention plan.

7. Confirmation Test - a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the initial test and which uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy. Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine (PCP).

8. Covered employee - any person who performs work on Company property Such person may be employed directly by the Company, or by a contractor engaged by the Company. As applied in the regulations, "employee" and "applicant for employment" have the same meaning for the purpose of these requirements.

9. Covered Function (safety-sensitive function) - an operation, maintenance, or emergency-response function that is performed during Company business.

10. Fail a Drug Test or Test Positive - the confirmation test result shows positive evidence of the presence under DOT procedures of a prohibited drug in the employee's or applicant's system.

11. Initial Test - an immunoassay screen to eliminate "negative" urine specimens from further consideration.

12. Pass a Drug Test or Test Negative - that initial testing or confirmation testing under DOT procedures does not show evidence of the presence of a prohibited drug in the employee's or applicant's system.

13. Prohibited Drug - marijuana, cocaine, opiates, phencyclidine, and amphetamines.

14. Refusal to Submit - refusal by an individual to provide a urine sample after receiving notice of the requirement to be tested in accordance with the Company's anti-drug program.

15. SAMHSA - Substance Abuse and Mental Health Services Administration, formerly National Institute on Drug Abuse (NIDA), was established by the Department of Health and Human Services in 1986 to regulate laboratories performing analytical tests (drug tests) on human body fluids for employment purposes in the public sector.

E. Company Responsibilities.