Drug/Alcohol Policy

DRUG and ALCOHOL POLICY

Policy Objective

Industrial Constructors Managers, Inc. (ICM) recognizes the importance of protecting the health, safety and well being of all its employees and subcontractors. ICM wants to do all it can to provide a safe workplace free of risks created by alcohol and drug abuse. We are familiar with the effects of alcohol and other drugs and how use of these drugs eventually takes its toll on job performance. It is our goal for employees and subcontractors to be able to perform their duties safely and in the best interests of their fellow workers and our customers when they report for their job. In addition, ICM expects all employees and subcontractors to assist in maintaining a work environment that is free from the use of alcohol, controlled substances and other mood altering drugs.

I. Applicability

This policy applies to all ICM employees and subcontractors and to those applicants ICM may hire in the future.

II. Regulated Substances

A. Marijuana

Opiates

Cocaine

Amphetamines

Phencyclidines

B. Alcohol

III. Prohibited use, Manufacture, Distribution or Sale

ICM employees and subcontractors are prohibited from the manufacture, use, sale, dispensing, distribution or having possession of illegal controlled substances or alcohol on company premises or other work sites.

Any employee convicted of criminal drug abuse/possession on or off duty must notify their immediate supervisor within 5 days of the conviction.

Employees and Subcontractors Shall Not:

1. Possess or attempt to distribute, sell, obtain, manufacture, transfer, transport, share or receive

any illegal drug.

2. Misuse any substance or substances that may impair job performance or pose a hazard to the

safety and welfare of the employee or any other employee on company premises, on company

property, in company vehicles or during company time.

Prohibited use: Alcohol:

No employee shall, or supervisor having knowledge of, permit an employee to:

1. Report to work with any detectable level of alcohol.

2. Possess alcohol during company time or on company premises.

3. Report for duty within four hours of consuming alcohol.

4. Consume alcohol within 8 hours of an accident (if required to be tested) or until testing is

completed.

Prohibited Use: Controlled Substances:

No employee shall, or supervisor having knowledge of, permit an employee to:

1. Report for duty or remain on duty when using a controlled substance. Exception: If the use is

pursuant to instructions of a physician who has provided written documentation that the

substance does not adversely affect the ability to safely perform their job duties.

2. Report for duty or remain on duty after having tested positive for controlled substances.

Employees and subcontractors must report any prescription or non-prescription medication use that may cause adverse affects. It is the employee’s responsibility to read labels and make supervisors aware that medication may affect their job performance. (Supervisor has the right to reassign duties of any employee for the duration of taking medication). If an employee fails to report usage of prescription or non-prescription medication that can affect performance, they will be subject to disciplinary action including possible termination.

IV. Required Testing Circumstances

A. Pre-employment: When there is a job offer pending, ICM will require a negative controlled substance

test result. Applicant will not be allowed to report for duty until a negative controlled substance test is

verified.

If any job applicant fails to pass the controlled substance test with a negative test result, offer of employment will be withdrawn. The applicant may re-apply after 6 months have passed after the original application date.

B. Random Testing: ICM will pay for random drug & alcohol testing. ICM is enrolled in a program

for random testing with A & M Exams, Inc. These selections are done by a valid computer method.

Tests are unannounced and spread throughout the year. Each employee has an equal chance of being selected for testing each time a selection is done.

C. Post Accident Testing: ICM will pay for post accident testing.

Any accident occurring on company time or on company property involving an injury that is reportable by law to Worker’s Compensation, or requires medical attention, or if employee requests to be seen by a medical professional or results in any property damage. In these instances, the involved employee(s) must be transported by a supervisor to the testing facility and will be tested for alcohol and controlled substances as soon as possible following the accident. Tests for alcohol should be completed within 2 hours and least by 8 hours. A controlled substances test must be completed within 32 hours. Post accident breath or Federal, State, or Local officials having independent authority may conduct blood testing, if the test results can be obtained by the employer.

D. Reasonable Suspicion Testing: ICM will pay for testing.

Employees and subcontractors are required to submit to alcohol or controlled substance testing whenever there is a reasonable suspicion that a prohibition of this policy has been violated. The owner, project managers, and/or immediate supervisors will be authorized to determine, based upon observations or other behaviors, whether alcohol or controlled substance testing be conducted. Such testing should occur as soon as possible.

E. Return to Duty: The employee will pay for testing.

If any of the test results are positive, employee agrees to obtain the service of a substance abuses professional for evaluation and/or treatment and must abide by his or her recommendation. Once treatment is completed, employee may, upon approval from the Owner, return to his or her previous position.

F. Follow Up Testing: The employee will pay for testing.

If it is determined that an employee is in need of assistance resolving misuse, the employee understands that they are subject to unannounced follow up testing as directed by the substance abuse professional. This testing includes a minimum of 6 unannounced tests over the first 12 consecutive months following the completion of their treatment program. Additional unannounced testing may continue for up to 5 years.

V. Testing Procedures:

Testing shall be conducted in a manner to ensure adherence to standards of confidentiality, privacy, accuracy and reliability as approved by the Department of Health and Human Services.

When selection comes up for that job, random testing will be done at job site by A&M Exams, Inc.

A. Controlled Substance Testing

1. Urine will be the required substance and will be collected under controlled circumstances.

2. Urine will be collected in a single cup and shall be labeled thoroughly to preserve identity.

3. Specimens are transported to A&M Exams, Inc. of Colorado Springs, Colorado.

4. Specimens undergo testing by an initial screening procedure, which is followed by GC-MS

confirmation testing, if necessary.

5. The urine is positive for a substance if the substance is present in an amount greater than the

minimum threshold.

6. The Medical Review Officer will contact the employee if there is a positive result to verify the

result.

7. The Medical Review Officer reports the result to the employer or program supervisor.

8. The Medical Review Officer will give the donor the option of testing the remaining specimen at

a laboratory of their choice at the employee’s expense.

B. Alcohol Testing

1. Evidential Breath test Breath Alcohol.

2. Test is conducted by a Health Care Professional.

3. Tester uses an approved Q.E.D. A150 Alcohol device.

4. The initial test must give results of not detectable level of alcohol or a retest (confirmation) test

must be done following a 15-minute wait.

5. A Certified Breath Alcohol Technician using an Evidential Breath Test device will conduct

confirmation test.

6. If the confirmation test reveals any detectable level of alcohol the individual is in violation of

this policy.

VI. Refusal To Submit

The employee is determined to have refused to submit to testing if:

1. He/She refused to take the test.

2. If there is an inability to produce the required urine specimen amount after consuming 44

ounces of fluid and within the 3 hours allowed, or a decline of a breath test without a valid medical explanation.

3. He/She fails to report within the required time period for testing.

This refusal constitutes a positive test and is therefore subject to the consequences of this policy.

VII. Consequences

Any employee who tests positive for controlled substances or breath alcohol is in violation of this policy and the employee will be terminated immediately. In order to be eligible for rehire an employee has the option of being seen and evaluated by a substance abuse profession (SAP). They are required to fulfill all treatment that is recommended by the SAP.

After completing treatment, employee is eligible to reapply for a position with the company. Test results must be negative in order for employee to be fully reinstated to job position. If the return to duty test is positive the employee will not be eligible for rehire.

Employee is responsible for payment of all treatment/rehabilitation, return to duty and follow up testing for controlled substance and/or alcohol testing.

VIII. Other Prohibitions

A. Adulterants:

Any employee who refuse to take the drug or alcohol test, or is found to have adulterated, substituted, tampered, misidentified, or otherwise acted to deceive the employer regarding test samples will be immediately terminated.

B. Dilute Specimens:

Employees and subcontractors are required to provide a normal urine specimen for testing. If the drug screen test result is reported as dilute the employee must be tested again immediately. The employee will be required to re-test at their expense until a normal sample is given.

IX. Record Keeping

A. Retention Period

1. The following records will be retained for 5 years:

- Verified positive drug test results

- Confirmed positive alcohol results (any detectable level)

- Documentation of refusals

- Employee referrals to the SAP.

2. The following results will be retained for 2 years:

- Records related to all processes and employee training

3. The following results will be retained for 1 year:

- Records of negative drug tests and breath alcohol test results

B. Type of Records

1. Collection Process:

Random selection documents

Calibration documents

Reasonable suspicion documents

Post accident decision documents

Documents verifying medical inability to provide adequate breath or urine.

2. Test results:

Employer’s copy of alcohol tests

Employer’s copy of controlled substance chain of custody

Documents from MRO

Documents related to refusal to submit

Documents presented by employee to dispute refusal to submit

3. Evaluations

Determinations by the SAP of assistance needed to resolve misuse

Compliance with SAP

4. Education and Training

Materials on misuse awareness, including the policy, drivers signed receipt of educational

materials.

Documents of supervisor training to qualify for making reasonable suspicion judgements.

5. Agreements with collection sites, labs, consortiums

C. Access to Records

1. The employee is entitled to a copy of his/her records.

X. Training

A. Those designated to determine if reasonable suspicion exists must receive 60 minutes of alcohol and

60 minutes of controlled substance training, which covers the physical, speech and performance

indicators of misuse.

B. Each covered employee must be provided materials (such as film or written) and the company policy

and the name of the person who can answer questions about the material.

C. Each employee must sign a certificate of receipt of the materials.

XI. Drug & Alcohol Policy Agreement

I understand and agree to comply with this company policy regarding controlled substances and alcohol use and/or abuse. I further understand that failure to comply with this policy may result in dismissal from employment.

I understand that I am responsible for the payment regarding the return to duty test, the follow-up testings, and any required rehabilitation/treatment under this policy.

I understand that ICM will pay for pre-employment, random, post accident and reasonable suspicion drug and alcohol testing.

Employees may terminate their employment at any time, for any reason. Employees are employed at the will of the Company and are subject to termination at any time, for any reason, with or without cause or notice. All employment with the Company is terminable AT-WILL. Nothing in this handbook or any memoranda is intended to change or modify this AT-WILL tenet or create an expressed or implied contract of employment. Only the President has the authority to approve an employment contract between the Company and any employee.

None of the policies, procedures, or benefits described in this handbook are intended by reason of their statement in this manual to confer any rights or privileges upon any employee, or to entitle any employee to be or remain employed. While the Company believes in the policies described in this handbook, they are not binding employment conditions or an employment contract. The Company reserves the right to modify or cancel any of the provisions, policies or benefits set out, described or referenced in this handbook at any time and without notice. Any modifications or cancellation will be determined by the President. When changes are made, the Company, through the corporate office, will endeavor to provide each manager with revised pages for this handbook. Policy changes will be effective, however, regardless of whether this handbook is updated. Each manager is responsible for keeping copies of this handbook in an up-to-date condition.

Occasionally, special circumstances arise that create the need for a policy exception. Requests for exceptions must be made in writing and must be forwarded through normal reporting channels to the corporate office. If a major exception is involved, the request will then be sent to the President for approval. No exception is valid unless approved in writing by the President. The making of a special exception will not have the effect of permanently modifying the relevant policy or constitute approval for granting an exception in any instance.

The purpose of this acknowledgment form is to let the Corporate Office know that you have received and read your copy of this policy. When you have finished reading your policy, sign the appropriate space and give it to your supervisor. This form will become a permanent part of your file.

If you have any question regarding the policy or other related matters while you are employed by the Company, ask your supervisor or the Corporate Office.

This is to acknowledge that I have received my copy of the Drug and Alcohol Policy and an orientation on its contents. As a condition of employment I agree to abide by all the rules and regulations in the Random Policy and any safety rules and regulations on my job.

______________________________ ____________________

Employee’s Signature Date

______________________________ ____________________

Printed Name Job Title/Craft

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Issued by