MOSAIC DES MOINES Alcohol/Drug Free Workplace Policy

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1 MOSAIC DES MOINES Alcohol/Drug Free Workplace Policy Purpose: To help safeguard employee health, provide a safe and productive workplace, and supply our people served with high quality service, Mosaic has adopted a policy to prohibit the use, possession, and sale of alcohol, drugs, and other controlled substances in the workplace or while conducting business on behalf of Mosaic. Policy: Mosaic is a zero tolerance company. The manufacture, distribution, dispensation, sale, possession, or use of illegal drugs while on or off duty is strictly prohibited. The unauthorized use or possession of alcoholic beverages while conducting business on behalf of Mosaic, while on duty or while in the workplace or placed with people served, is prohibited. The workplace includes Mosaic premises, and premises of people served, parking areas, and vehicles. Definitions: Controlled Substance Designated Drug/Alcohol Screening Contact Medical Review Officer (MRO) Zero Tolerance Any substance listed in Title 21 Section 1308 of the Code of Federal Regulations such as: amphetamines, cannabinoid (marijuana), cocaine, phencyclidine (quaaludes), methqualone (heroin), opiates, methadone, and barbiturates or synthetic equivalents. Despite legalization by some state, cannabinoid (marijuana) remains a controlled substance under Federal Regulations and the Mosaic alcohol/drug-free workplace policy. This is the employee designated by Mosaic in Des Moines to receive alcohol/drug testing results from the Medical Review Officer. For the Des Moines agency, this contact is the executive director, associate director, human resources manager or human resource specialist. A physician who is highly trained in the area of drug abuse. The MRO's role is to receive the results of the drug test and check its integrity. A positive result is interpreted and reported to the employee first, to determine if there is a legitimate medical reason for the positive result. The MRO then reports the results to the designated agency staff listed above. If an employee has a confirmed positive illegal drug or alcohol test, is in possession of illegal drugs and/or alcohol while on the job, refuses to submit to or cooperate with any request for alcohol and/or drug testing, or makes a verbal admission of use, the employee may be immediately terminated. Effective Date: (Revision Date: ) Page 1 Safe Environments

2 Testing: Scope Confirmation Specimen For Testing Testing For Job Applicants And Employees Testing An Injured Employee Refusal To Submit Or Cooperate With Testing Or A Positive Test Result Initial Positive Test Result Contesting A Positive Test Result Drug and alcohol testing of applicants or employees may include a urinalysis, breath analysis, and/or blood sample testing as determined by Mosaic, the testing service provider, and state law. Test levels and standards will be established by Mosaic and the testing service provider. Initial positive tests shall be confirmed using a second test (GC/MS Gas Chromatography Mass Spectrometry or other scientifically valid confirmatory test) in accordance with applicable law. Testing shall be conducted at the Mosaic administrative office in Des Moines. Drug screening may be performed on-site with an off-site confirmation of all positive screenings, or an employee may be sent to an off-site location to undergo drug testing. On-site drug screens will only be administered by Mosaic staff that have been certified. Alcohol screening is done at an off-site location and only if there is reasonable suspicion to do so. Job applicants and employees selected for testing shall appear and provide the necessary sample at the precise time and place specified by Mosaic. Employees tested based on suspicion that the employee may be impaired, shall be transported to the testing site by a supervisor or another designated administrative staff if an off-site location is used. The applicant and/or employee must sign any consent requested and provide any other related information. Failure or refusal to do so may result in discharge or denial of employment. An employee who is seriously injured and cannot provide a specimen at the time of the accident or incident shall provide the necessary authorization to obtain hospital reports and other documents that may indicate whether there were controlled substances or alcohol in his/her system. Refusal to submit or to cooperate in the administration of the drug and/or alcohol test, or testing positive for illegal drugs or alcohol, will disqualify the person from employment. As with a positive test, refusal to test may forfeit eligibility for medical, indemnity, workers' compensation and/or unemployment benefits. A refusal to submit to testing shall include any tampering with or attempts to alter the specimen, or failure to cooperate with the administration of the test in any way. If an initial drug or alcohol test is positive, the employee may be suspended until the results of the confirmation test (GC/MS Gas Chromatography Mass Spectrometry or other scientifically valid confirmatory test) are received. Employees will be provided an opportunity to contest the accuracy of any positive test or explain it in a confidential setting, including an opportunity to report any prescription or non-prescription medications being used. Copies of test results will be provided to persons tested upon request or pursuant to state law. Effective Date: (Revision Date: ) Page 2 Safe Environments

3 Testing: Medical Marijuana Medical marijuana is prohibited under this policy and will not qualify as a properly prescribed medication under this program, unless mandated by state law. The Federal Government has concluded that no sound scientific studies support the medical use of marijuana for treatment and bars its use. Mosaic follows the Federal Government's standard on medical marijuana and will not allow its use. Alcohol Testing Standard For purposes of alcohol testing, an alcohol concentration of at least 0.04 grams of alcohol per 210 liters of breath (or its equivalent) shall be considered a positive result, subject to confirmation. Consent Form Applicants and employees, prior to testing, must sign a consent form agreeing to the testing, authorizing the release of the test results to Mosaic, and authorizing the disclosure of the results to the employee's supervisor, other administrative staff, and/or other persons on a need to know basis. Mosaic will obtain the results of the above referenced analyses and communicate or disclose such results to the employee's supervisor, other administrative staff, and/or other persons in accordance with Mosaic policies and procedures. Types Of Testing: Mosaic uses drug and/or alcohol testing to administer this policy. The following types of tests may be used: Applicant Testing Reasonable Suspicion Random Testing After a conditional job offer /contracting offer is accepted by applicants for employment with Mosaic, the individual will be tested for the use of illegal drugs as a condition of employment/contracting. An applicant or recruit must complete, sign and date a Zero Tolerance Certification and Screening Consent Form and his/her signature must be witnessed and dated as a condition of employment/contracting. This screening may be performed on-site with off-site confirmation of all positive screenings or employees may be sent to an off-site location to undergo drug testing. Any individual whose drug test is confirmed as positive is not eligible for employment/contracting at that time, and is so informed. Absent contrary state laws, an employee may be tested if there is reasonable suspicion that the employee is under the influence of drugs or alcohol that adversely affects or could adversely affect job performance. Random drug testing is done where required by law or by contract, if authorized by law. Effective Date: (Revision Date: ) Page 3 Safe Environments

4 Types Of Testing: Mosaic uses drug and/or alcohol testing to administer this policy. The following types of tests may be used: Workplace Accident Follow Up Testing Contractual Obligation In conjunction with the investigation of any accidents in the workplace, where the accident results in an injury to a person other than a minor injury requiring only first aid treatment and which did not involve medical treatment, or when the accident results in an injury to a non-employee for which injury, if suffered by an employee, a record or report could be required under OSHA or relevant state law, Mosaic may require employees to submit to drug or alcohol testing. Employee injuries caused by the aggressive behavior of a person served will not be subject to this policy. When employees are involved in a motor vehicle accident while working, Mosaic may require employees to submit to a drug or alcohol testing except when the accident is non-moving in nature, i.e. parked vehicle is hit while unoccupied. Mosaic reserves the right to determine when post-accident testing will occur and when employees will submit to drug or alcohol testing. Mosaic may conduct drug or alcohol testing after completion of drug or alcohol evaluation which has been required or agreed to in connection with continued employment/contract status. In most cases, the conditions of follow up testing will be agreed to or identified at the time of the evaluation to return to work. Mosaic may conduct drug or alcohol testing when required to satisfy a contractual obligation if the testing is permitted by law. Substances Tested: This policy shall allow for testing for any of the following substances (or similar designer substances) in addition to alcohol, unless otherwise prohibited by state law: Substances Tested Marijuana Cocaine Opiates (including morphine, codeine, oxycodone and propoxyphene) Phencyclidine (PCP) Amphetamines (including Ecstasy) Methamphetamines Methadone Barbiturates Benzodiazapines Effective Date: (Revision Date: ) Page 4 Safe Environments

5 Right Of Inspection: Inspection Confidentiality: Confidentiality Mosaic reserves the right to conduct a personal search of any article (lunchboxes, purses, desks, and other personal property), including the search of any vehicle, brought on Mosaic's premises, or premises of a person served or work sites or possessed while on Mosaic business, or business of a person served. Failure to submit to a search may result in disciplinary action up to and including termination. Any information obtained by Mosaic pursuant to this policy shall be Mosaic's sole property. Mosaic, laboratories, medical review officers, or assistance programs who receive or have access to information concerning the test results shall keep all information confidential. Release of such information under any circumstances other than for part of the policy or as allowed by law shall be pursuant to a written consent form signed voluntarily by the person tested. Disciplinary Action: Violation of this policy is subject to disciplinary action up to and including termination. Arrests For Violation Of A Federal, State, Or Local Drug Or Alcohol Related Law Violation Of This Policy Unless otherwise prohibited by state law, an employee who is arrested for violating a federal, state, or local drug- or alcohol-related law may be suspended. The length of the suspension will not last for more than 60 days before the supervisor, with consultation from human resources, will determine a course of action to retain or terminate employment. Mosaic takes such offenses seriously and each case will be reviewed independently for discipline up to and including termination. In Mosaic's sole discretion, all other employees who violate this policy, other than for an arrest as indicated above, may be: Disciplined up to and including termination of employment or of the contract, unless prohibited by state law; Allowed to obtain professional evaluation from the Employee Assistance Program (EAP) or other provider approved by Mosaic, and any treatment or other assistance recommended by the provider, as an alternative to (or to lessen) the disciplinary action. Employees, who are engaged in the use, possession, purchase, sale, or transfer of an illegal drug while on Mosaic property, work sites, or while conducting Mosaic business, may be subject to termination of employment/contract, criminal investigation, and/or prosecution. Effective Date: (Revision Date: ) Page 5 Safe Environments

6 Disciplinary Action: Violation of this policy is subject to disciplinary action up to and including termination. Subsequent Violations Following Treatment If an employee is not terminated for a policy violation, i.e the employee is referred to EAP or other approved program and meets all requirements to retain his/her position, any subsequent violation of the Alcohol/Drug-Free Workplace policy will result in immediate termination of employment. Effective Date: (Revision Date: ) Page 6 Safe Environments

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