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Drugs and Alcohol

FictionSoft has a viable interest in maintaining safe, healthy, and productive working conditions for its employees. Being at work under the influence of a controlled substance/illegal drug or alcohol poses serious safety and health risks, not only to the user, but also to all those who work with the user. Moreover, the unauthorized use, possession, distribution, or sale of such substances is not only unlawful; it poses unacceptable risks to the efficient operations and reputation of FictionSoft. These substances also result in increased injuries on the job, absenteeism, health care and benefit costs, theft, decreased morale and productivity, as well as a decline in the quality of the products and services provided. With these basic concerns, FictionSoft has adopted a zero tolerance policy with regard to the violation of its Drug and Alcohol policy. Any employee in violation of this policy is subject to disciplinary action, up to and including termination from employment. Employees in the P&D, Line, Freight, and Maintenance groups are subject to random alcohol and drug testing. The company hereby further establishes the following guidelines.

Alcohol and Controlled Substances/Illegal Drugs

Possession, sale, manufacture, distribution, or being under the influence of controlled substances/illegal drugs (including inhalants) or being under the influence of alcohol while performing company business and/or on company premises is prohibited. For purposes of this policy, the misuse of illegal drugs/controlled substances or alcohol during an employee’s normal workday (which includes reporting for duty, the employee’s normal work shift, meal hour, or any required overtime) constitutes violation of this policy. Possession means within the physical possession of the employee, including the employee’s personal effects or vehicle.

For drivers of commercial vehicles, the prohibition extends to include all time and duties listed in 49 CFR § 382.107 of the Federal Motor Carrier Safety Administration Regulations and the Company Driver Information Packet on Alcohol and Drug Abuse. The company’s policy prohibits a driver from consuming any amount of alcohol within eight (8) hours of performing a safety-sensitive function.

Voluntary Drug Treatment

Regardless of whether you violated the company’s drug-free work place policy, if you believe you have a problem with drugs and/or alcohol, you are encouraged to voluntarily seek diagnosis and treatment by a qualified professional. You may also request to be referred to the Employee Assistance Program (EAP).

Definitions

Legal Drugs – Prescribed drugs and over-the-counter drugs that have been legally obtained, are being maintained in their original container, and are used for the purpose for which they were prescribed or manufactured. Such drugs are excluded from the definition of controlled substances or illegal drugs under the terms of this policy. An employee who is prescribed or using legal drugs may continue to work as long as it has been determined that the employee does not pose a threat to his or her own safety, or the safety of co-workers or others, including vendors, customers, and the public, and that the employee’s job performance is not significantly affected by the legal drug. Otherwise, the employee may be required to take a leave of absence. It is clearly understood that legal drugs are permissible only if such drugs are being used/consumed for the purpose intended and in the amount prescribed. Drivers who are taking prescription drugs or over-the-counter medications must adhere to the requirements expressed in the Driver Information Packet on Alcohol and Drug Abuse.

Controlled Substances/Illegal Drugs – Any drug or controlled substance, the sale, possession, or consumption of which is illegal, or a prescribed or over-the-counter drug that is legally obtained, but not being used for its intended purpose or by the person to whom it was prescribed.

Company Premises – All company-owned or leased real estate, buildings, and surrounding areas, such as sidewalks, walkways, driveways, and parking lots under the company’s ownership or control. Company vehicles or leased vehicles are covered by this policy at all times regardless of whether they are on company property at the time.

Drug Testing/Screening – Testing for a controlled substance/illegal drug. The substances tested shall be for drugs and alcohol as defined in the Standards for Workplace Drug and Alcohol Testing Act, including controlled substances approved for testing by rule by the State Commissioner of Health.

All applicants for employment shall be required to submit to and pass a controlled substance/illegal drug screening as a prerequisite to employment. All offers of employment will be contingent upon a negative result to the test. Employees returning from leaves of absence of thirty (30) days or longer may be subject to testing.

The company will require drug/alcohol testing of any employee for reasonable cause, which may include an employee who demonstrates reduced ability to perform work in a safe and productive manner such as unusual behavior, impairment of physical or mental abilities, slurred speech, difficulty maintaining balance, any detectable level of alcohol or controlled substances/illegal drugs, or the discovery of drug paraphernalia in the workplace. The company may require drug/alcohol testing following an accident that results in bodily injury requiring medical attention or significant property damages. Additionally, testing will be required following on-the-job injury accidents (vehicular or otherwise) where an employee’s actions or failure to act caused or contributed to the accident and may require testing for a non-injury accident. Testing may also be performed on a periodic basis.

An employee returning to work following voluntary participation in a drug or alcohol rehabilitation program will be subject to initial and periodic follow-up testing.

All employees who operate a commercial motor vehicle and/or perform safety-sensitive functions, as that term is defined by the Federal Motor Carrier Safety Administration (FMCSA) regulations, are subject to Department of Transportation (DOT) controlled substance and alcohol testing. As a result, these employees will be subject to pre-employment testing, random testing, post-accident testing, reasonable cause testing, return to duty testing, and follow-up testing allowed under DOT, FMCSA, and any other applicable federal or state regulations.

Testing procedures comply with Department of Transportation regulations, as well as applicable federal and state regulations, to ensure the integrity of the processes, the validity of the test results and that results are attributed to the correct employee.

All sample collection and testing for drugs will be conducted by a qualified testing facility in accordance with applicable laws and regulations. Confirmation of a positive drug test result will be by use of a different chemical process than was used in the initial test.

The company will pay the costs of the testing required under this policy, including any confirmation test that may be required by state law. Any employee or applicant for employment who requests a retest of a sample in order to challenge the results of a positive test shall pay all costs of the retest, unless the retest reverses the findings of the challenged positive test. In such case, the company will reimburse the employee or applicant for employment for the costs of the retest.

Test Results – Results of all testing for a controlled substance/illegal drug. All test results and related information will be kept confidential within reasonable limits as required by applicable state and federal law. Positive confirmed test results will be reported in writing to the employee or applicant for employment within five (5) working days after the company’s receipt of the results. These records and related information are the property of the company.

An employee or applicant for employment will, upon request, be permitted to inspect and copy such test results and related information maintained by the company regarding that applicant’s test. All employees or applicants for employment have the right to explain, in writing, a test result in confidence within ten (10) working days of notification of a test result.

Any employee or applicant for employment who, as a result of testing, is found to have detectable levels or identifiable trace quantities of a prohibited drug or substance in his or her system, regardless of when or where the drug or substance entered that person’s system, without an explanation satisfactory to the company, will be considered in violation of this policy, and the conditional job offer may be withdrawn to an applicant for employment or may subject the employee to disciplinary action, up to and including termination.

Negative Dilute Policy – Employees who receive a negative dilute drug screen result during a pre-employment or random drug screen test will be immediately retested. A negative dilute test result on the second random test may result in immediate termination or further testing. A second negative dilute test result on a pre-employment test will disqualify the applicant from employment.

Violation of Drug and Alcohol Policy – An employee who receives a positive drug or alcohol test indicating the presence of controlled/illegal substances or alcohol in his or her body. An employee with a violation during working hours will be subject to disciplinary action up to and including termination from employment. An employee who distributes, is in possession of, or uses unauthorized controlled illegal drugs or alcohol on company property or while conducting company business will be terminated. The company will notify local law enforcement officials of any illegal drug or drug paraphernalia found on the premises, surrender these items to the custody of these officials, and cooperate fully in the prosecution of the individuals involved.

Drug paraphernalia includes, but is not limited to:

Blenders, bowls, containers, spoons, and mixing devices used or intended for use in compounding controlled substances.
Capsules, balloons, envelopes, jeweler’s zip-lock baggies, and other containers used or intended for use of concealing or packaging small quantities of controlled substances, including scales for weighing or measuring quantities of controlled substances.
Hypodermic syringes, needles, or other objects designed or intended for injecting controlled substances into the human body.
Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, etc., into the human body such as: pipes (metal, wooden, glass, acrylic, stone, plastic, or ceramic, with or without screens), water pipes, carburetion tubes and devices, smoking and carburetion masks, roach clips or other objects used to hold smoking materials: chamber pipes, electric pipes, air/driver pipes, bongs, ice pipes, and rolling papers (e.g. Zig-Zag, E-Z Wider, Job, Joker, etc.) not associated specifically with tobacco products.

Commercial motor vehicle operators found to be in violation of this policy will be relieved of duties immediately and will be subject to the processes outlined in the Company Driver Information Packet on Alcohol and Drug Abuse.

Searches – In connection with this policy, the company and/or authorized agents may search any area on the premises or in company-owned or leased commercial motor vehicles at any time, for the presence of alcohol, drugs, and drug paraphernalia prohibited under this policy. Applicants and current employees agree, as a condition of continuing employment, to consent to searches, including but not limited to: (1) searches of their person and personal belongings, including but not limited to, purses, briefcases, backpacks, toolboxes, and lunch boxes; (2) searches of work areas, including but not limited to, desks, cabinets, lockers, storage areas, and closets; and (3) vehicles on the premises of the company of which the company has reasonable suspicion that the contraband items are inside the vehicle or any part thereof. The company may take into custody any illegal, unauthorized, or prohibited items or substances and may turn them over to the proper law enforcement agencies.

Searches of an employee’s person or clothing will be conducted privately by a company representative of the same sex as the employee being searched. An employee who refuses to consent to a search will be subject to disciplinary action, up to and including immediate termination.

Substance Abuse Evaluations – Any employee who engages in prohibited conduct shall be provided with the names, addresses, and telephone numbers of qualified substance abuse professionals. If the person desires to become requalified for employment, then he or she must be evaluated by a substance abuse professional and submit to any treatment the substance abuse professional prescribes. The costs of any evaluation by a substance abuse professional or the prescribed treatment shall be paid by the individual and not the company. The company does not guarantee or promise re-employment.

Refusal to Test – Refusal to submit to the drug test required by the company may result in the withdrawal of a conditional offer of employment to an applicant for employment and may subject an employee to disciplinary action, up to an including termination. A “refusal to test” is defined to be conduct that would obstruct the proper administration of a test. A delay in providing a urine, breath, or saliva specimen may be considered a refusal. If an employee or applicant for employment cannot provide a sufficient quantity of urine or breath, he or she will be evaluated by a physician of the company’s choice. If the physician cannot find a legitimate medical explanation for the inability to provide a specimen, it will be considered a refusal to test.

Off-the-Job Substance Use and Activity – Employees who use drugs, alcohol, or chemical substances off the job run the risk of jeopardizing the safety of themselves, their families, the public, and the company. Whenever such usage adversely affects public trust in the company or otherwise interferes with the company’s ability to carry out its responsibilities, or increases potential liability for the company, the company may be forced to take disciplinary action against the offending employee, up to and including termination.

Employees who are arrested, convicted, or plead guilty or no contest because of off-the-job activities (drug or alcohol related) may be considered in violation of this policy. Upon arrest of a crime related to or involving drugs and alcohol, the employee has a duty to disclose the arrest. Failure to disclose the arrest may be considered in violation of this policy. In deciding what action to take, the company will consider the nature of the charges and other factors relative to the impact of the employee’s conviction or plea upon the conduct of the company’s business.

Coordination with Other Laws and Regulations – This policy is applicable to all employees and applicants for employment. Some employees may be subject to other laws and regulations because of the job duties those employees perform. In the event there is any inconsistency between this policy and other applicable laws and regulations, those laws and regulations will control.

Laws and regulations governing the matters addressed in this policy may change from time to time. In the event of such changes, this policy will be deemed to have been amended or modified by the company on the effective date of the law or regulation. The company will use its best efforts to disclose and disseminate such changes to all affected employees and applicants for employment.

If any part of this policy is held invalid by a competent authority, such part may be reformed to the maximum restrictions which are allowed by law. The remainder of the policy will continue in full force and effect.

Drug and Alcohol-Free Workplace and Testing Policy Acknowledgement Form

I hereby state that I have received a copy of the Drug and Alcohol-Free Workplace and Testing Policy, dated month day, year. I understand it is my responsibility to read and comply with the policy, and I agree to follow the policy. I have been given an opportunity to ask any questions I have about the policy.

I hereby agree to submit to a test and to furnish a sample of my urine, breath, hair, and/or blood for analysis. I understand and agree that if I at any time refuse to submit to a test under FictionSoft policy, or if I otherwise fail to cooperate with the testing procedures, or if I violate the policy, I may be subject to immediate termination or the withdrawal of a conditional job offer. I further authorize and give full permission to have the company and/or its physician send the specimen or specimens collected to a laboratory for a screening test for the presence of any prohibited substances, and for the laboratory or other testing facility to release any and all documentation relating to such test to the company and/or to any governmental entity involved in a legal proceeding or investigation connected with the test. Finally, I authorize the company to disclose any documentation relating to such test to any governmental entity involved in a legal proceeding or investigation connected with the test.

I agree to hold harmless the company, its supervisors, employees, officers, directors, shareholders, and physicians. I agree not to sue or hold responsible such parties for any alleged harm to me that might result from such testing, including loss of employment or any other kind of adverse job action that might arise as a result of the test. I will further hold harmless the company, its supervisors, employees, officers, directors, shareholders, and physicians for any alleged harm to me that might result from the inadvertent release or use of information or documentation relating to the test.

In addition to random and periodic testing, I understand that the company may require a test under this policy whenever I am involved in an on-the-job accident or injury under circumstances that suggest possible involvement or influence of drugs or alcohol in the accident or injury event.

Signature ________________________________________ Date __________________

Name (Printed) ___________________________________