APPENDIX C - ADDENDUM TO CONTRACTOR S DRUG AND ALCOHOL POLICY

Transcription

1 APPENDIX C - ADDENDUM TO CONTRACTOR S DRUG AND ALCOHOL POLICY INSERT Contractor Name ( Contractor Company ) has adopted the Continental Resources, Inc. ( CLR ), Addendum to Contractor s Drug and Alcohol Policy ( CLR Addendum ), which supplements the drug and alcohol policies and/or programs of the Contractor Company. In the event of a conflict between the drug and alcohol policies and/or programs of Contractor Company and the CLR Addendum, the CLR Addendum shall control. 1.0 Purpose The purpose of this CLR Addendum is to ensure a safe, healthy, and productive work environment for CLR employees and Contractors (as hereinafter defined) who are authorized to perform work on or be present at CLR Property or Jobsites (as hereinafter defined) and to protect CLR Property or Jobsites (as hereinafter defined) from damage which might otherwise result from drug and alcohol use and/or abuse. CLR requires all Contractors (as hereinafter defined) to adopt and enforce a written policy on drugs and alcohol which complies with the laws of the states in which each Contractor performs work on or is present at CLR Property or Jobsites (as hereinafter defined) and meets the testing requirements CLR imposes on its own employees. 2.0 Definitions A. Background Search a national screen ascertaining convictions of a felony involving harm to others or listing as a registered sex offender. B. CLR Property or Jobsites - all real or personal property, including but not limited to facilities, lease locations, buildings, vehicles, products and equipment, either owned or controlled by CLR. C. Contractors - any and all contractors, vendors, and other third party service providers and their personnel (including employees or agents of any of the foregoing as well as subcontractors and employees of subcontractors of any of the foregoing) authorized to perform work on or be present at CLR Property or Jobsites. D. DOT drug test a drug test mandated by the Department of Transportation. A. For Cause/Reasonable Suspicion Testing - if authorized by applicable state law, For Cause/Reasonable Suspicion Testing shall mean testing whenever there is a reasonable

2 belief an employee is in violation of any of the prohibitions defined in this CLR Addendum. B. Instant Testing Device A FDA 510(k) point of care device which CLR may elect to use in connection with For Cause/Reasonable Suspicion Testing or Post-Incident Testing to screen for non-negative results. G. Non-DOT drug test a drug test not mandated by the Department of Transportation but in compliance with requirements contained in Attachment A hereto. H. Prohibited Substances - (1) illicit or unprescribed drugs, controlled substances and mood or mind-altering substances (i.e., any synthetic derivative/product that produces a marijuana-type high and any herbal products not intended for human consumption), (2) prescribed drugs used in a manner inconsistent with the prescription and (3) alcoholic beverages. I. Return to duty testing if authorized by applicable state law, return to duty testing shall mean testing prior to an employee s being allowed to return to duty following a nonnegative test and subsequent treatment, if re-employment is offered by CLR. J. Under the Influence - (1) the presence of a prohibited substance or metabolites of a prohibited substance in body fluids above the cut-off level established by this CLR Addendum or (2) the presence of a prohibited substance that affects an individual in any detectable manner. 3.0 Prohibitions This CLR Addendum prohibits the following: A. Possessing or using prescription drugs or over-the-counter medication that may cause impairment, except when all of the following conditions have been met: i. The individual notifies his/her supervisor that he/she will be in possession of, or using, impairment-causing prescription drugs or over-the-counter medication and appropriate steps are taken to accommodate the possibility of impairment, including but not limited to, removal from work for the period of possible impairment; and ii. Prescription drugs have been prescribed by a licensed physician authorizing the individual s use of such prescription drugs in a safety-sensitive position. B. Using, possessing, selling, manufacturing, distributing, concealing or transporting on CLR Property or Jobsites any Prohibited Substance and/or illicit drug equipment or paraphernalia. C. Being under the influence of Prohibited Substances while performing any work on CLR Property or Jobsites. D. Switching or adulterating any urine, blood, or other sample used for testing.

3 E. Performing work on CLR Property or Jobsites when an individual has tested positive or refused testing in any employment-related test unless and until employee has met return to duty requirements contained in this CLR Addendum. 4.0 Searches and Inspections At any time, CLR supervisors, their agents and assigns, may conduct unannounced searches and inspections of Contractors and their property while on CLR Property or Jobsites. These searches may be unannounced and may include, but are not limited to, any and all personal property and its vicinity, and may include the use of contraband detecting canines. 5.0 Testing All specimen collection and handling shall be conducted in conformity with DOT collection requirements and guidelines and shall be sent to a SAMHSA/NIDA-Certified Laboratory for analysis. Alcohol testing shall be conducted on devices approved by the National Highway Traffic Safety Administration (NHTSA) and in conformity with DOT alcohol testing requirements. A. Pre-employment/Pre-use Screening and Drug Testing Contractor Company shall subject new hires to a pre-employment drug test meeting the requirements described in Attachment A and a pre-employment background search that, at a minimum, ascertains the new employee has not been convicted of a felony involving harm to others or is listed as a convicted sex offender, pursuant to procedures prescribed herein. Any prospective employee of Contractor Company shall have been subject to a pre-employment drug test and received a negative test result pursuant to testing prescribed herein prior to his or her being hired or at least prior to working on or being present at CLR Property or Jobsites. DOT Contractor employees will follow DOT guidelines for pre-employment drug testing. B. Incident Related Testing (Post-Incident Testing) At a minimum but subject to applicable federal, state, and local laws or regulations, postincident testing meeting the requirements described in this CLR Addendum and Attachment A is required when Contractor Company Employees cause or are potentially responsible for the following: An incident occurring during the scope of employment which results in death, significant (as determined by CLR) onsite medical treatment, offsite medical treatment (including but not limited to hospitalization), or lost time of a Contractor Company or CLR employee. An incident whether offsite or on a CLR Property or Jobsite which results in death, significant (as determined by CLR) onsite medical treatment, or offsite medical treatment (including but not limited to hospitalization) of a third party. An incident resulting in major impact (as determined by CLR) to the environment, including but not limited to take of a federally protected species or its critical habitat, a release to waters of the state or waters of the United States, or any incident which generates negative publicity for CLR.

4 An incident resulting in actual property damage estimated to exceed $500, An incident resulting in no actual consequences but having significant potential for adverse consequences (as determined by CLR); for example, an incident which could have resulted in a death, significant injury, or reportable environmental incident had the circumstances been slightly different. When conducting Post-Incident Testing, Contractor Company may elect to use an Instant Testing Device to screen for non-negative results. If Contractor Company elects to use an Instant Testing Device, Contractor Company shall ensure follow-up testing is conducted by a SAMHSA/NIDA-Certified Laboratory. If a negative result is obtained using the Instant Testing Device, Contractor Company shall provide CLR with the following information: (1) a document comparable to an official laboratory result which describes the negative result obtained; and (2) a description of the Instant Testing Device used, including the applicable expiration date of the Instant Testing Device. C. For Cause/Reasonable Suspicion Testing For Cause/Reasonable Suspicion Testing in compliance with requirements of this CLR Addendum and Attachment A shall be performed whenever authorized or allowed under state law. Contractor Company s employees may be required to undergo drug and alcohol testing at any time it is reasonably believed that an employee may be under the influence of drugs and alcohol. When conducting For Cause/Reasonable Suspicion Testing, Contractor Company may elect to use an Instant Testing Device to screen for non-negative results. If Contractor Company elects to use an Instant Testing Device, Contractor Company shall ensure follow-up testing is conducted by a SAMHSA/NIDA-Certified Laboratory. If a negative result is obtained using the Instant Testing Device, Contractor Company shall provide CLR with the following information: (1) a document comparable to an official laboratory result which describes the negative result obtained; and (2) a description of the Instant Testing Device used, including the applicable expiration date of the Instant Testing Device. A Contractor Company employee removed from CLR Property or Jobsites for For Cause/Reasonable Suspicion Testing will be allowed to return to work on CLR Property or Jobsites only after the following steps have been completed: (1) Contractor Company conducts For Cause/Reasonable Suspicion Testing, which shall be in compliance with this CLR Addendum, of the employee as soon as possible following the employee's removal from the site; and (2) Contractor Company certifies in writing the test identification number, the employee's social security number, the test date and time, and a negative test result from a SAMHSA/NIDA-Certified Laboratory. D. Random Testing All non-dot Company employees shall be subject to unannounced random testing for alcohol and the non-dot substances described in Attachment A. Drug tests should be conducted at an annual rate of at least 50% and spread reasonably throughout the year (i.e., 12.5% per quarter). Alcohol tests should be conducted at an annual rate of at least 10% and spread reasonably throughout the year (i.e., 2.5% per quarter). Once a Contractor Company employee has been informed of his or her selection for

5 random drug and/or alcohol testing, the Contractor Company employee will be instructed to report immediately to the collection site; for purposes of the preceding sentence, immediately means an amount of time not to exceed normal and customary commute time to the designated collection site plus thirty (30) minutes. Failing to report to the collection site, refusing to submit to a test, or adulterating a specimen is considered the same as a positive test, and the Contractor Company employee will be prohibited from entering CLR Property or Jobsites. Contractor Company s DOT employees will be subject to testing under this section of the CLR Addendum in addition to any of Contractor Company s guidelines applicable to random drug testing of DOT employees. E. Additional Testing To the extent allowed by state law, Contractor Company s employees on CLR Property or Jobsites are subject to unannounced drug & alcohol testing. This testing is scheduled at CLR s sole discretion. CLR shall determine the scope of this testing. This testing may include, but is not limited to, all Contractor Company employees on CLR Property or Jobsites, or may apply to a particular shift, crew, location, craft, or Contractor or other similar category, including a random selection based on site access records. 6.0 Violation Consequences and Contractor Company Discretion Any Contractor Company employee who refuses to cooperate with the searches and tests included in this CLR Addendum and/or Company s policy or are found in violation of either the CLR Addendum or Contractor Company s policy are subject to permanent removal from all CLR Property or Jobsites; provided, however, in the event Contractor Company elects to retain or rehire a Contractor Company employee found to be violating the CLR Addendum and/or Contractor Company s policy, Contractor Company shall be prohibited from permitting the Contractor Company employee to work or be present on CLR Property or Jobsites unless Contractor Company has first satisfied the following four (4) conditions: (1) Contractor Company shall refer the employee to a Substance Abuse Professional ( SAP ) by providing the employee with a list of CLR-approved SAPs; the list will include SAP names, addresses, and telephone numbers. Any Contractor Company employee who has violated the CLR Addendum or Contractor Company s policy cannot resume his or her duties for CLR until a SAP confirms the employee has successfully completed an education or treatment program prescribed by the SAP; (2) Contractor Company shall require the employee to undergo return-to-duty drug and alcohol testing, and results from the test must confirm the absence of any controlled substance use/abuse and an alcohol concentration of less than 0.02; (3) Contractor Company shall submit to CLR the Contractor Company employee s return-to-duty drug and alcohol test results; and (4) Contractor Company shall obtain prior written approval from CLR authorizing the Contractor Company employee to return to CLR Property or Jobsites. Upon having satisfied the preceding four (4) conditions, Contractor Company may permit the employee to return to CLR Property or Jobsites; provided, however, during the twelve (12)-month period

6 following the date upon which the Contractor Company employee is authorized to return to CLR Property or Jobsites, the employee shall be subject to unannounced follow-up alcohol and/or controlled substance testing as required by the SAP and, at a minimum, tested at least six (6) times on a random basis. 7.0 Substance Abuse Awareness and Supervisor Training A member of Contractor Company s management, who is authorized to sign on behalf of Contractor Company, must sign the Contractor Company Acknowledgment and Certification form attached hereto as Attachment B to certify Contractor Company has received, read, understands, has added this CLR Addendum to Contractor Company s drug and alcohol policies and/or programs, agrees to comply with the CLR Addendum, and will make the acknowledgment form available to CLR upon CLR s request. Contractor Company shall provide training on the contents of this CLR Addendum, recognition of performance indicators suggesting probable drug or alcohol use, and the detrimental effects on personal health and workplace safety which can result from drug or alcohol use. Any Contractor Company employee who is authorized to make a determination whether a Contractor must be subjected to For Cause/Reasonable Suspicion Testing shall receive training on the "signs and symptoms" of drug and alcohol use, including but not limited to two separate 60-minute periods of training (one for identification of probable drug use and one for identification of probable alcohol use) to identify specific, contemporaneous physical, behavioral, and performance indicators of probable drug use and probable alcohol use; records of Contractor Company employees trained (including name of the trained employee and date of the training) must be maintained by the Contractor Company and made available to CLR or its agent upon request. 8.0 Applicable Laws Contractor Company shall comply with all applicable federal, state, and local drug and alcohol related laws and regulations (i.e., DOT regulations, Department of Defense (DOD) Drug-Free Workplace Policy, Drug-Free Workplace Act of 1988, etc.) and to the extent this CLR Addendum conflicts with the above, the federal, state and local laws shall prevail. 9.0 Audit CLR shall have the right, at its discretion, to perform unannounced audits of the Contractor Company's drug and alcohol program to verify Contractor Company's policy and its enforcement comply with this CLR Addendum. Records required to be maintained by this CLR Addendum shall be available for inspection by CLR or its agent during the period Contractor Company is performing work for CLR and for a period of three (3) years after Contractor Company ceases to perform work for CLR. Contractor Company will provide any and all information requested by CLR or its agent deemed necessary by CLR or its agent to establish and confirm Contractor Company s full compliance with the requirements of Contractor Company s policy and/or this CLR Addendum.

7 ATTACHMENT A Required Non-DOT Drug Tests & Cutoffs TYPE OF DRUG Initial Test Analyte INITIAL TEST Cutoff Concentration CONFIRMATORY TEST Analyte Marijuana metabolites 50 ng/ml THCA1 15 ng/ml Cocaine metabolites 150 ng/ml Benzoylecgonine 100 ng/ml Opiate metabolites: Codene/Morphine Codeine Morphine 6-acetylmorphone (6-AM) 10 ng/ml 25 ng/ml Phencyclidine 25 ng/ml AMP/MAMP 500 ng/ml Amphetamine Methamphetamine MDMA 500 ng/ml MDMA2 MDA3 MDEA4 5 BARBITURATES 200 ng/ml 200 ng/ml BENZODIAZEPINES 200 ng/ml 200 ng/ml METHADONE 300 ng/ml 300 ng/ml METHAQUALONE 300 ng/ml 300 ng/ml PROPOXYPHENE 300 ng/ml 300 ng/ml 6-acetylmorphine (6-AM) 10 ng/ml Phencyclidine (PCP) Amphetamines: ALL ALCOHOL TESTING METHODS USED: Saliva or breath 1 CONFIRMATORY TEST Cutoff Concentration Screen Level Confirmation Level Delta-9-tetrahydrocannabinol-9-carboxylic acid Methylenedioxymethamphetamine (MDMA) 3 Methylenedioxyamphetamine (MDA) 4 Methylenedioxyethylamphetamine (MDEA) 5 Specimen must also contain amphetamine at a concentration of greater than or equal to 100 ng/ml. 2

8 Required DOT Drug Tests & Cutoffs TYPE OF DRUG INITIAL TEST CONFIRMATORY TEST Initial Test Analyte Cutoff Concentration Analyte CONFIRMATORY TEST Cutoff Concentration Marijuana metabolites 50 ng/ml THCA 1 15 ng/ml Cocaine metabolites 150 ng/ml Benzoylecgonine 100 ng/ml Codeine Morphine Opiate metabolites: Codene/Morphine 6-acetylmorphine (6-AM) 10 ng/ml 6-acetylmorphone (6-AM) 10 ng/ml Phencyclidine (PCP) 25 ng/ml Phencyclidine 25 ng/ml Amphetamines: AMP/MAMP 500 ng/ml Amphetamine Methamphetamine MDMA 500 ng/ml MDMA2 MDA 3 MDEA 4 5 ALL ALCOHOL TESTING METHODS USED: Saliva or breath 1 Screen Level.020 Confirmation Level.040 Delta-9-tetrahydrocannabinol-9-carboxylic acid Methylenedioxymethamphetamine (MDMA) 3 Methylenedioxyamphetamine (MDA) 4 Methylenedioxyethylamphetamine (MDEA) 5 Specimen must also contain amphetamine at a concentration of greater than or equal to 100 ng/ml. 2

9 ATTACHMENT B CONTRACTOR COMPANY ACKNOWLEDGMENT AND CERTIFICATION FORM ***************************************************************************** INSERT Your Name I,, am a member of management of INSERT Contractor Name ( Contractor Company ) who is authorized to sign on behalf of Contractor Company, and I hereby acknowledge Contractor Company has been provided a copy of the Continental Resources, Inc. ( CLR ), Addendum to Contractor s Drug and Alcohol Policy (the CLR Addendum ), which defines CLR s expectations and requirements of Contractor Company and the employees of Contractor Company. I certify that, as a third party contract service provider to CLR, Contractor Company shall add the CLR Addendum to Contractor Company s drug and alcohol policy; adequately communicate and train Contractor Company s personnel on the expectations and requirements of the CLR Addendum; and comply with the requirements of the CLR Addendum to the extent the CLR Addendum does not conflict with federal, state and/or local laws. I further certify that each of Contractor Company s employees who performs work on or is present at CLR Property or Jobsites will acknowledge and certify his or her commitment to comply with the CLR Addendum, and Contractor Company shall maintain and make available to CLR, upon CLR s request, any or all of the commitment forms of Contractor Company s employees. Finally, to comply with Section 6 (Non-compliance) of the CLR Addendum, I certify Contractor Company shall release to TEAM Professional Services, Inc., any and all drug and alcohol test results of Contractor Company s employees who perform work or are present on CLR Property or Jobsites, and I acknowledge, understand and agree that TEAM Professional Services, Inc., will use the results solely to notify CLR of a Contractor Company employee s Positive drug or alcohol test result and the employee s status as either Approved or Unapproved actual test results will not be provided to CLR. Signed this, the day of, 20. INSERT Contractor Name By: Printed Name: Title: