- TERMS POLICY -

ALCOHOL AND CONTROLLED SUBSTANCE TESTING

FOR  5KO LLC

I. PURPOSE

The purpose of this document is to outline the policy of 5ko LLC (the Company) to comply with Federal Guidelines to maintain a drug and alcohol free workplace for drivers employed by the Company.  The Company is firmly committed to operating in the safest and most efficient manner possible.  As a responsible employer, the Company is also committed to promoting the safety and welfare of its employees and the public.  The widespread problem of drug and alcohol abuse in our society is a   potential threat to those objectives, endangering not only the public, but also the future of the Company and the personal lives of its employees.  Many problems are associated with drug abuse:  it can cost employees in terms of health, broken marriages, abused children, and lost employment.  Such problems can also cost the Company in terms of absenteeism, accidents, lost productivity, and  increased medical expenses.

It is the responsibility of each employee to ensure that he/she is drug free in compliance with the requirements outlined in this policy.

II. APPLICABLE FEDERAL AND STATE REGULATIONS

This policy was developed and will be implemented in accordance with the following federal rules and regulations, which are applicable to the Company:

* Department of Transportation, Federal Highway Administration, 49 CFR Parts 40, 391, 394, and 382 - Controlled Substance & Alcohol Testing.

This policy applies to driver applicants and drivers who have the potential to operate commercial motor vehicles with a gross vehicle weight rating (GVWR) over 26,000 pounds, transport 16 or more passengers (including the driver) or transport placarded hazardous materials as deemed by the Company.

 

III. CATEGORIES OF TESTING

Detection will be accomplished through the following categories of drug and alcohol testing as outlined in 49 CFR Part 40:

1.     Pre-employment 

2.     Random Testing 

3.     Reasonable Suspicion 

4.     Post Accident

5.     Return-To-Duty 

6.     Unannounced Follow Up Testing 

The drugs to be tested for are as follows:

Marijuana

Cocaine

PCP

Opiates

Amphetamines

Alcohol - Breath Alcohol Content (B.A.C.) levels of .02 to .039 will immediately preclude an individual from driving a performing a “safety sensitive” function (driving a covered vehicle) for a period of 24 hours.  Levels above >.04 is considered positive.  All drivers with B.A.C. levels >.02 will be provided transportation to their residences.

The Company will train all appropriate supervisory personnel to recognize the signs and symptoms of substance abuse.

IV. Policy Standards

Drivers are prohibited from using, being impaired by, under the influence or, being in possession of, manufacturing, dispensing or distributing any controlled substance when subject to duty, when reporting for duty, while on duty or on Company property except as permitted by Section 1 below.  The illicit use of controlled substances is prohibited at any time.  Any Driver who tests positive, adulterates or substitutes their specimen as indicated by the SAMHSA certified laboratory test(s) and verified/confirmed by the Medical Review Officer will be immediately removed from their “safety sensitive” function and shall be subject to disciplinary action up to and including termination.

Upon testing positive, the Driver has the right to have the "split" specimen analyzed at a different S.A.M.H.S.A. certified laboratory.  If requested, this test will be performed at the Driver's expense.  In the event a Driver cannot "void" (shy bladder) after consuming 40 fluid ounces over a 3-hour period, the Driver will be evaluated by a medical doctor to determine if there is a medical condition that prohibits the Driver from providing sufficient volume for testing.  If there is no existing medical condition, the test will be classified as a "refusal" i.e. dealt with as if a positive and the Driver will be immediately removed from their “safety sensitive” function.

Any Driver who tests positive for alcohol, B.A.C. .04 or higher, will be immediately removed from their “safety sensitive” function and shall be subject to disciplinary action up to and including termination.  Any Driver who tests positive will be evaluated by a Substance Abuse Professional (SAP) to determine if treatment is needed.  A B.A.C. >.02 but <.04 will result in the Driver being immediately removed from their “safety sensitive” function for 24 hours; for the first and second violations, as well as the driver receiving verbal and written warnings.  The third violation will be handled as if it is a positive alcohol result.  Termination can also be applied at the Company's discretion for any violation.  No driver shall perform safety-sensitive functions within four (4) hours after using alcohol.  The Company shall not permit a driver to perform or to continue to perform safety-sensitive functions, while having actual knowledge that a driver has used alcohol within four (4) hours.  In the event that a Driver cannot perform the breath test (shy lung), he/she will be evaluated by a medical doctor to determine if there is a medical condition that prohibits the Driver from performing the breath test.  If the doctor determines that there is not an existing medical condition, the test will be classified as a "refusal" i.e. dealt with as if a positive and the driver will be immediately removed from their “safety sensitive” function.

Any rehabilitation services resulting from a positive drug or alcohol test will be paid for by the employee.

1.  Use of Prescribed and Over the Counter Medication

The Company will permit prescribed and over-the-counter medication and the use of such medication on the Company premises, specifically prescribed for the employee by his/her physician, that is clearly labeled with the employee's name, the name of the medication and the physician's Federal Drug Enforcement Administration license number, provided the substance is used at the dosage prescribed or authorized and it does not impair the driver’s ability to perform his or her job or endanger their safety or the safety of others.  It is the responsibility of the employee to request from their physician an alternative medication that will not impair them from performing their safety-sensitive function.  It is recommended that the employee notify their immediate supervisor that they are using a prescription drug and to produce documentation of this drug prior to commencing work.

The employees physician should make a good faith judgment, with knowledge of the employee's assigned duties and on the basis of the available medical history, that use of the substance by the employee at the prescribed or authorized dosage level is consistent with the safe performance of the employee's duties.  Any medication brought on Company property must be carried in its original container.
 

2.  Requirement of Cooperation with Testing Procedure (Refusals)

Each Driver required to be tested pursuant to this policy must cooperate with the collection procedures.  If a person refused to cooperate with the collection process, the collection site person shall inform management and shall document the non-cooperation on the Urine Custody and Control form.  Any person who refuses to cooperate in providing a sample or is found to have, in any way, adulterated/tampered with or substituted a sample will be immediately removed from their “safety sensitive” function and shall be subject to disciplinary action up to and including termination.

V. Employee Awareness Program/Supervisor Training Program

A major tool in the battle against drug use is education and awareness.  Accordingly, the Company will educate its Drivers about the dangers of drugs, their effects and consequences.  The education program will help motivate employees to understand the problems associated with using drugs, the misuse of alcohol, and the ways such use could compromise their personal functioning as well as their functioning on the job.  To accomplish this objective, a number of approaches will be taken to include the following:

* An employee education and training program for all employees who perform a driving function.  The education component shall include:

*  informational material;

*  this policy.

* The training component for Drivers shall include information on the effects and consequences of drug and alcohol abuse on personal health, safety and the work environment, and the manifestations and behavioral patterns that may indicate drug and or alcohol abuse.

* Supervisory employees who will be determining when an employee is subject to drug and alcohol testing based on reasonable suspicion under this policy shall receive at least one (1) hour of additional training on the physical, behavioral, and performance indicators of probable drug use and one (1) hour on the symptoms of the abuse of alcohol.

VI. Testing Methodology

All drug testing conducted pursuant to this policy will be performed via urinalysis by a S.A.M.H.S.A. certified laboratory.  Alcohol tests may be conducted by the use of an initial screen (non-evidentiary test) and if the presence of alcohol is detected, the confirmation test will be conducted on an Evidentiary Breath Testing unit (E.B.T.).  In the absence of a non-evidentiary test, the screening test will be conducted of an E.B.T.  The E.B.T. will be operated by a Breath Alcohol Technician (B.A.T.).  All of the above procedures will be consistent with 49 CFR Part 40.

1.  Pre-Employment

All final applicants for employment as Drivers are required to submit to a drug test.  The applicant will be informed that the urine specimen being collected will be tested for drugs to include Marijuana, Cocaine, Opiates, Phencyclidine (PCP) and Amphetamines.  Final applicants will be required to sign a form consenting to the drug test and authorizing the release of any drug and/or alcohol test results to the Company from their previous employers if they were performing a “safety sensitive” function under any of the DOT modalities.

Any applicant who decides not to cooperate in the pre-employment drug test may withdraw their application.  No record will be maintained of the declination.  Final applicants who test positive for drugs will be rejected for employment.  Any employee who does not perform the function of Driver may not transfer to this function until the employee passes the drug test administered under this section.  At this time pre-employment alcohol testing is suspended.

2.  Random Testing

All Drivers/employees/covered employees will be subject to random drug and alcohol testing.  Selection of employees to be tested will be administered by a 3rd party management Company utilizing a validated computerized random selection program.  This program ensures that every covered employee has an equal opportunity of being selected at any given time.  There will be two separate random selection pools – one for Federal impacted employees and one for Non Federal mandated employees.

Notification of an employee's selection will not be provided until the employee's tour of duty in which the drug and alcohol test is to be conducted.  Immediately upon notification of being randomly selected the employee is to proceed to the collection facility.  If the employee does not report to the medical facility immediately they will be deemed as refusing to take a drug and/or alcohol test and will be handled as if a positive test was reported.

3.  Reasonable Cause Testing

Under this type of testing, the employee will be removed from service without pay pending the outcome of the test(s).  The employee will be returned to service with back pay if the outcome of the test(s) is negative.

In all cases where an employee is subject to reasonable suspicion testing, an evidentiary report of reasonable suspicion must be completed and signed by a supervisor before the test results are released or within 24 hours of the observed behavior, whichever is earlier.  Supervisory employees must receive at least one (1) hour on drug and one (1) hour on alcohol training in the physical, behavioral, and performance indicators of probable drug and alcohol use if they will be determining when an employee is subject to testing based on reasonable suspicion under this section.

Reasonable Suspicion Alcohol - an employer shall require a driver to submit to an alcohol test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of this policy and the FMCSA guidelines subpart “B” concerning alcohol.  The employer’s determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver.

Reasonable Suspicion Controlled Substances - an employer shall require a driver to submit to a controlled substance test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of this policy and the FMCSA guidelines subpart “B” concerning controlled substances. The employer’s determination that reasonable suspicion exists to require the driver to undergo a controlled substances test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver.  The observations may include indications of chronic and withdrawal effects of controlled substances.

The required observations for alcohol and /or controlled substances reasonable suspicion testing shall be made by a trained Company supervisor.

Reasonable suspicion does not require certainty.  Mere hunches or "gut feelings", however, are not valid in making a reasonable suspicion determination.  If supervisors with training in the identification of the signs and symptoms of drug and alcohol use reasonably conclude that there are objective facts indicative of use of drugs and or alcohol, this is sufficient justification for testing.

If an alcohol test required under this section is not administered within two hours following the determination of a reasonable suspicion situation, the employer shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered.  If the alcohol test is not administered within eight hours following the determination of a reasonable suspicion situation the employer shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test.  Records of tests that could not be completed within eight hours shall be submitted to the FMCSA in Washington, DC.

If a controlled substances test is required under this section is not administered within 32 hours following the determination of a reasonable suspicion situation the employer shall cease attempts to administer a controlled substances test and shall prepare and maintain on file a record stating the reasons the test was not promptly administered.  Records shall be submitted to the FMCSA upon request of the Associate Administer.

A.  Drug Test

Drivers/employees of the Company are required to submit to a urine analysis for the purpose of detecting the presence of controlled substances (drugs) when a supervisory employee has reasonable suspicion as defined above.

B.  Alcohol Test

Drivers/employees of the Company are required to submit to a breath alcohol test for the purpose of detecting the presence of alcohol when a supervisory employee has reasonable suspicion as defined above.

Under this type of testing, the employee will be removed from service without pay for 24 hours if the confirmation alcohol test result is .02 to .039 B.A.C. (an alcohol confirmation test result of .02 or greater is considered a positive by the Company).

If the confirmation alcohol test result is .04 or greater the employee is deemed to be positive for alcohol and must be removed from their safety sensitive function immediately.  The employee is no longer qualified to perform their safety sensitive function until evaluated by a SAP, completes any rehabilitation recommended and takes a Return-To-Duty test with a negative result (this is not offered by the Company).  The employee is also required to have follow up testing with a minimum of six (6) tests in the first 12 months. The SAP can require follow-up tests up to 60 months after the employee/driver has been returned to their safety sensitive function.

4.  Post Accident Testing

Under this type of testing, employees may be removed from service without pay pending the outcome of the test(s).  The test(s) must take place within 32 hours of an accident as defined below.  The alcohol test should be conducted within 2 hours, but no later than 8 hours after the accident.  If the test is not conducted within these parameters, the reason why must be documented. Records of tests that could not be completed within eight hours shall be submitted to the FMCSA in Washington, DC.  The employee will be returned to service with back pay if the outcome of the test(s) is negative.

Post-accident drug testing is required of any Driver involved in an accident as defined below:

"Accident" means an occurrence associated with the operation of a commercial vehicle, if:

*  There is a fatality. (Test is mandatory);

*  A vehicle is towed from the scene of the accident and a citation is issued to the Driver

    for a moving traffic violation;

*  Medical treatment is administered away from the scene of the accident and a citation is

    issued to the Driver for a moving traffic violation;

(Except in cases involving fatalities, a test is not required if a citation for a moving traffic violation is not issued to the Driver.)

5.  Return-To-Duty Testing

After completing any required rehabilitation, any driver/employee who tested positive must have a negative Return-To-Duty drug and or alcohol test result before returning to a safety sensitive job function.) As an employer, you must direct a collection under direct observation of an employee if the drug test is a return-to-duty test (49 CFR Part 40.67).

6.  Unannounced Follow Up Testing

Upon returning to work (after a negative Return-To-Duty test) the SAP will schedule  at least 6 tests in the first 12 months upon reporting to work . The SAP can require follow-up tests up to 60 months after the employee has returned to their safety sensitive function. As an employer, you must direct a collection under direct observation of an employee if the drug test is a follow-up test (49 CFR Part 40.67).  For alcohol at least 6 tests must be conducted in the first 12 months upon reporting to work.  The SAP can require follow-up tests up to 60 months after the employee has returned to their safety sensitive function

VII. Urine Collection and Alcohol Testing Procedures

All aspects of urine analysis, drug and alcohol testing, collection and chain of Custody procedure shall be conducted in strict accordance with the Company's Substance Abuse Testing Procedures and D.H.H.S. standards as outlined in 49 CFR Part 40.

VIII. Truck Drivers Admitting to Drug and/or Alcohol Abuse

Prior to Notification of Test

In accordance with and subject to other applicable policies and procedures, any Driver/employee who admits to Controlled Substance Abuse and/or Alcohol Abuse prior to notification that a drug and or alcohol test is required, may avoid termination on the basis of Drug Abuse or Alcohol Misuse and allowed the opportunity to reform but will be immediately removed form their “safety sensitive” function/”non safety sensitive” function.  Any Driver/employee who seeks assistance as stated above must be evaluated by a Substance Abuse Professional (SAP) to determine if assistance is needed.  If assistance is needed, the driver/employee shall submit to rehabilitation treatment/assistance as a condition for continued employment with the Company, and the driver/employee further agrees that any such continued employment with the Company is contingent upon successful completion of any rehabilitation treatment/assistance as well as take a return to duty drug and or alcohol test and be subjected to unannounced follow up testing, as required by the Employee Assistance Program (EAP) before being allowed to perform their “safety sensitive” function/”non safety sensitive” function. Any Substance Abuse Professional evaluations and/or rehabilitation costs will be the responsibility of the employee.

IX. Amendments to Policy

The Company reserves the right to amend this policy at any time, at its discretion or in accordance with any applicable law.

The Following Is A List Of Telephone Numbers For Drug and Alcohol Assistance: 

National Clearing House Services 1-800-729-6686

National Drug and Alcohol Routing Service 1-800-662-4357

www.drughelp.com

Alcohol Abuse and Drug 24 Hour Help Line 1-800-252-6465

Al-Anon Family Groups 1-800-344-2666

NOTICE TO APPLICANTS/ EMPLOYEES

5ko LLC requires successful completion of a urinalysis drug test (amphetamine, cocaine, opiates, marijuana and phencyclidine) and/or an alcohol test as part of its pre-employment (post offer) screening process.  Additionally, 5ko LLC requires successful completion of a urinalysis drug test and/or alcohol test, if 5ko LLC has reasonable suspicion that the employee is under the influence of drugs or alcohol that adversely affects or could adversely affect the employee's job performance.  5ko LLC also requires employees in occupations that have been designated as safety-sensitive by the State to undergo random urinalysis drug testing and/or alcohol testing.  Drug tests are conducted for 5ko LLC by an outside, professional laboratory using a EMIT screening methodology and all positive screening tests are confirmed by use of  GC/MS methodology and all DOT guidelines (49 CFR Part 40) will be followed whenever possible within the State guidelines. If any alcohol testing is conducted, all screening tests will be conducted with an evidentiary methodology (breathalyzer instrument) and all positive screening tests will be confirmed by an evidentiary breathalyzer instrument and all DOT guidelines (49 CFR Part 40) will be followed whenever possible within the State guidelines.  Further details will be provided to applicants who successfully meet 5ko LLC other criteria for employment.

Because we are required to notify applicants/ employees of our intent to conduct urinalysis drug testing and alcohol testing, we ask that you sign and date this notice. 

I consent to a urine sample collection and testing for drugs.  I authorize any physician, medical facility, or other agents retained by 5ko LLC to collect samples as required and to provide test results and evaluations to 5ko LLC.

I                                           have received, reviewed, understand and agree to abide by 5ko LLC drug and alcohol policy and its terms.  I also understand that if I receive a positive drug test result, and refuse to submit to a drug test, I will be ineligible for employment with Company.  Additionally, 5ko LLC drug and alcohol policy was explained to me by an authorized 5ko LLC representative.