Peak Oilfield Service Company. Non-DOT ANTI-DRUG AND ALCOHOL PLAN

Transcription

1 Peak Oilfield Service Company Non-DOT ANTI-DRUG AND ALCOHOL PLAN

2 TABLE OF CONTENTS Page SECTION I - INTRODUCTION AND GENERAL INFORMATION 2 A. Drug and Alcohol Prohibition Policy 2 B. Effective Date of Policy 2 C. Consequences of Violating Policy 2 D. Applicability 2 E. Circumstances Under Which Testing May Be Conducted 3 F. Rehire Eligibility Program 5 G. Refusal to Submit to Testing and Use of Adulterant 6 H. Self-Disclosure of Drug/Alcohol Problem 6 SECTION II - SAMPLE COLLECTION AND TESTING PROCEDURES 6 A. Collection of Samples 6 B. Testing Procedures 7 C. Review of Drug Testing Results 8 1. Medical Review Officer 8 2. Reporting and Review of Results 8 3. Verification for Opiates; Review for Prescription Medication 8 4. Prescription Drug Use 8 5. Regarding Medical Use of Marijuana for Persons Suffering from Debilitating Medical Conditions Act 9 6. Use of Hemp Products 9 7. Results Consistent with Legal Drug Use 9 SECTION III - EMPLOYEE ASSISTANCE PROGRAM (EAP) 9 A. Scope of Program 9 B. Supervisory Training 10 SECTION IV - CONFIDENTIALITY OF RESULTS 10 A. General 10 SECTION V - CONTRACTOR EMPLOYEES 10 A. General 10 SECTION VI DEFINITIONS 10 SECTION VII - DRUG AND ALCOHOL PERSONNEL AND SERVICES 13 2

3 NON-DOT DRUG AND ALCOHOL PLAN SECTION I. INTRODUCTION AND GENERAL INFORMATION A. Drug and Alcohol Prohibition Policy 1. Policy. PEAK OILFIELD SERVICE COMPANY has a long-standing commitment to maintain the highest standards possible for the health and safety of its employees, clients, and the public at large. The use of drugs and/or alcohol during or prior to work time, is contrary to these high standards and will not be tolerated. 2. Purpose. The purpose of this Drug and Alcohol Plan is to maintain the highest safety, health, and work performance standards possible, and to reduce work-related accidents, injuries, and damage which may be caused by drug or alcohol use. This policy is also intended to ensure the maintenance of productivity, the quality of products and services, and the security of property. 3. Prohibited Conduct. Please refer to the Employee Handbook s Drugs and Alcohol section. This section refers to prohibited conduct such as drug and alcohol possession and sales. B. Effective Date of Policy 1. This revised policy will become effective on April 01, Upon hire, employees shall receive a copy of this plan and sign that they understand the policies in the Non-DOT Drug and Alcohol Plan. A summary of this plan is also included in the employee handbook and is distributed to each employee. Copies of the Non-DOT Drug and Alcohol Plan are available in the break rooms at jobsites. They may also be requested from the Anchorage Human Resources Department (907/ ). C. Consequences of Violating Policy 1. Compliance with this policy is a condition of employment. 2. NOTE TO EMPLOYEES ON UNOCAL CONTRACTS: No PEAK OILFIELD SERVICE COMPANY employee working on a Unocal contract who tests positive for drugs and/or alcohol may ever again work on Unocal property (per Memorandum of Understanding Between Unocal Corporation and its Suppliers/Vendors : Contractors must agree to not knowingly allow an individual who has tested positive for drugs or alcohol to return to Unocal property.) D. Applicability 1. Individuals Subject to Drug and Alcohol Policy: Any prospective employee or employee of PEAK OILFIELD SERVICE COMPANY. 2. Substances Tested For and Positive Results. PEAK OILFIELD SERVICE COMPANY shall test for alcohol and the following drugs: 3

4 Marijuana, Cocaine, Opiates, Phencyclidine (PCP), Amphetamines, and MDMA: CUT-OFF LEVELS SUBSTANCE INITIAL TEST CONFIRMATION TEST marijuana 50 ng/ml 15 ng/ml cocaine 150 ng/ml 100 ng/ml opiates 2000 ng/ml codeine 2,000 ng/ml heroine 10 ng/ml 10 ng/ml morphine 2,000 ng/ml PCP 25 ng/ml 25 ng/ml amphetamines 500 ng/ml 250 ng/ml MDMA 500 ng/ml 250 ng/ml Alcohol: Tested by Evidential Breath Tester: Alco Sensor/RBT IV CUT-OFF LEVEL CONFIRMATION LEVEL.02 BAC.02 BAC Test results at or above the confirmation level will be considered a positive test. E. Circumstances Under Which Testing May be Conducted PEAK OILFIELD SERVICE COMPANY will test employees for drugs and/or alcohol under the following conditions: NOTE: A confirmed positive test result is cause for denial of employment or termination. THE PERSON MAY BECOME ELIGIBLE FOR EMPLOYMENT AFTER ONE (1) YEAR AND PROOF OF ATTENDING AND COMPLETING A SUBSTANCE ABUSE PROGRAM (SAP). See section 1F of this Policy for additional SAP and rehire eligibility information 1. Pre-Employment Testing A pre-employment drug test of all prospective employees will be conducted. A negative test result is required prior to employment. 2. Post-Accident Testing a. Persons Subject to Post-Accident Testing. Employees whom PEAK OILFIELD SERVICE COMPANY reasonably believes may have contributed to an accident in the workplace or during work time may be required to undergo drug and/or alcohol impairment testing. Post-Accident alcohol and drug tests will be conducted as soon as practicable or within two hours after the accident for alcohol and eight hours for drugs, whichever is sooner. If the alcohol test is not administered within two hours and the drug test is not administered within eight hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. All attempts to administer an alcohol test after eight hours and a drug test after 32 hours should be ceased. PEAK OILFIELD SERVICE COMPANY will make reasonable attempts to obtain a sample from an employee after an accident, as defined below, but any injury should be treated first. 4

5 Accident is defined as an unplanned, undesired event, not necessarily resulting in injury, but damaging to property and/or interrupting the activity in process. b. Obligations of Employee Subject to Post-Accident Testing. (1) An employee who is subject to post-accident testing may not consume alcohol for 8 hours after the accident, or until he/she has taken an alcohol test, whichever occurs first. (2) An employee who is subject to post-accident testing must remain readily available for such testing and may not take any action to interfere with the testing or the results of testing. Employees who do not comply with the post-accident testing requirements, or who fail or refuse to provide a sample for testing, will be considered to have refused to submit to testing and will be subject to appropriate disciplinary action, including termination. 3. Random Testing All employees shall be subject on an unannounced and random basis to drug testing only. The primary purposes of unannounced random testing are to deter illegal drug use which may affect work performance or safety, and to ensure a drug free workforce. Random drug testing will be conducted at the same levels as federally mandated for the Pipeline Hazardous Materials Administration (DOT/PHMSA), under the guide of PEAK OILFIELD SERVICE COMPANY. As of January 2008, that rate is 25%. The rate may change as directed by the Department of Transportation. Random testing selections will be spread reasonably over a 12-month period. In addition: a. Random tests will only be administered just before, during, or shortly after an employee's work time. b. Employees must remain in the random selection pool at all times, regardless of whether or not they have been previously selected for testing. c. Employees shall be selected for testing by using a computer-based random number generator. d. No advance warning will be given to employees regarding the dates and times of random testing. 4. Reasonable Cause/Suspicion Testing Any employee whom PEAK OILFIELD SERVICE COMPANY reasonably suspects may be affected by the use of drugs or alcohol which may adversely affect job performance, safety or the work environment may be required to submit to a drug and/or alcohol test. This includes instances when an employee demonstrates behavior that leads to the conclusion that he/she has used prior to work time. Reasonable suspicion testing is done to identify drug and alcohol affected employees who may pose a danger to themselves or others in their job performance. a. One trained supervisor will make the decision whether there is reasonable suspicion to believe an employee is impaired by or under the influence of a drug or alcohol while on duty in violation of this policy. All reasonable efforts will be made to obtain concurrence from another supervisor, but this is not mandatory. In making a determination of reasonable cause, the factors to be considered include, but are not limited to the following: 5

6 (1) Adequately documented pattern of unsatisfactory work performance, for which no apparent nonimpairment related reason exists, or a change in an employee's prior pattern of work performance, especially where there is some evidence of drug related behavior on or off the work site. (2) Physical signs and symptoms consistent with substance abuse. (3) Evidence of illegal substance use, possession, sale, or delivery while on duty. The observing supervisors shall document the events and record the behavioral signs and symptoms that support the reasonable suspicion. b. Events After Determination Is Made When a determination is made that reasonable suspicion exists that an employee is under the influence of drugs or alcohol in violation of this policy, the employee shall be immediately relieved of his/her duties, pending further action. The observing supervisor shall immediately notify the department head or other appropriate supervisor if reasonable suspicion is found to exist. Upon review, the department head or other appropriate supervisor may direct or authorize that the employee in question immediately submit to a drug and/or alcohol test. c. Reports of Violation by Supervisory Personnel If a non-supervisory employee has reason to believe that a supervisor subject to this policy is under the influence of drugs or alcohol at work in violation of this policy, then he/she shall report such potential violation to a Safety Professional or the Human Resources Manager, who will thereafter take appropriate action. Anonymity of the non-supervisory employee will be protected. PROCEDURAL NOTE FOR SUPERVISORS: Transport the employee. The potentially affected employee should not be allowed to proceed alone to or from the collection site. In addition to the safety concerns for the employee, accompanying the employee also assures that there is no opportunity en route to the collection site for the employee to ingest anything that could affect the test result or to acquire "clean" urine from another person. NOTE: Failure to provide a sample will be treated the same as refusal to test, a positive test result. F. Rehire Eligibility Program Refusal to take a required drug or alcohol test, or failure to pass a drug or alcohol test, shall result in the immediate dismissal of the employee. PEAK OILFIELD SERVICE COMPANY will not hold any position open for a terminated employee. An employee found to be in violation of PEAK OILFIELD SERVICE COMPANY s policies, such as possession, sales, or delivery of narcotics, drugs, or controlled substances, as found in the Employee Handbook will be punished according to those policies. The Rehire Eligibility Program is open only to employees who have tested positive for drugs and are not in violation of any other company policies. 1. PEAK OILFIELD SERVICE COMPANY may determine, at its discretion, to make an employee who has been dismissed because he/she failed a drug or alcohol test, eligible for rehire after one (1) year. In order to be considered eligible for rehire, the employee must satisfy the following: a. At the cost of the employee, obtain an evaluation from a licensed Substance Abuse Professional (SAP). Substance Abuse Professional (SAP) means a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor 6

7 (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/ Alcohol & Other Drug Abuse) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. The SAP must be approved by Peak s Drug Program Manager or designee prior to the substance abuse evaluation. The SAP shall specify the type and duration of treatment necessary. b. After completion of the prescribed treatment, submit to PEAK OILFIELD SERVICE COMPANY that she/he has successfully completed the program. c. Obtain from the SAP and MRO certifications that the employee is fit to work. 2. An employee may only be rehired through the Rehire Eligibility Program once. 3. Follow-Up Testing An employee who is rehired through the above Rehire Eligibility Program may be subject to unannounced followup testing for a period not to exceed 60 months, as directed by the SAP and the MRO. The number and frequency of follow-up testing will be determined by the SAP and the MRO, but will not be less than six tests in the first 12 months following the employee's return to duty. Follow-up testing will be conducted immediately prior to, during or immediately preceding work time for that employee. G. Refusal to Submit to Testing and Use of Adulterants 1. A refusal to submit to testing will be treated as if it were a positive test. An employee who refuses to submit to testing may not take part in the Rehire Eligibility Program after termination. 2. A sample containing an adulterant, a substance used to hinder the detection of a drug, will be treated the same as a positive test. Tampering with a specimen or substituting another specimen for one s own are acts also considered refusals to submit to testing. An employee who is found to have adulterated, tampered with, or substituted another sample for their sample may not take part in the Rehire Eligibility Program after termination. H. Self-Disclosure of a Drug/Alcohol Problem PEAK OILFIELD SERVICE COMPANY maintains a policy of non-discrimination and will endeavor to make reasonable accommodations to assist recovering addicts or alcoholics and those having a medical history reflecting treatment for substance abuse conditions. We encourage employees to seek assistance before drug or alcohol use renders them unable to perform their essential job functions or jeopardizes the health and safety of themselves or others. Employees will not be penalized for self-disclosing a drug or alcohol problem. The policy with regards to Self-Disclosure of a Drug and/or Alcohol Problem is as follows: 1. Employees who self-disclose to a supervisor a drug and/or alcohol problem will be referred to the preferred SAP providers. 2. Employees will be placed on an unpaid leave of absence until the SAP indicates to the Program Manager that the person is able to return to work; or, the employee may continue working as long as the SAP indicates to the Program Manager that the employee is capable of working while undergoing treatment. 3. A written authorization from the SAP that the employee is fit to return to work is required before the employee will be reconsidered for duty. SECTION II. SAMPLE COLLECTION AND TESTING PROCEDURES 7

8 Materials detailing collection and testing procedures are found in the Drug and Alcohol Testing Program Information binders located at each jobsite. A. Collection of Samples 1. Drug testing under this policy will be conducted by approved means to include urinalysis, saliva tests, hair tests and others. Evidential breath testing devices and Q.E.D. Saliva tests are used for testing for alcohol. All tests are administered under approved conditions and procedures conducted for the sole purpose of detecting drugs or alcohol. Oral fluids testing (saliva tests) is the preferred methodology under which non-dot testing will take place, however in the event that oral fluids testing is unavailable but a drug test must be administered (reasonable suspicion, post accident or other scenarios), it is acceptable to use alternative methods as described above. 2. The test will be conducted by a Company-appointed medical laboratory and paid for by PEAK OILFIELD SERVICE COMPANY. Tests may also be collected by trained members of Peak s Safety Department staff. Sample collection and testing will be performed under reasonable and sanitary conditions. 3. The collection site shall have all necessary trained personnel, materials, equipment, facilities, and supervision to provide for the collection, security, temporary storage, and shipping or transportation of specimens to a certified drug testing laboratory designated by PEAK OILFIELD SERVICE COMPANY. An independent medical facility may also be utilized as a collection site. 4. All urine drug test samples will be collected by the split sample collection method. The A bottle is sent to the laboratory for testing. An oral fluid specimen cannot be split and retests that would otherwise cause the cancellation of an original drug test under the same or alternative methodoligies are unacceptable. 5. The person collecting the drug sample will document the sample, including labeling the sample to preclude to the extent reasonable the possibility of misidentification of the person tested in relation to the test result provided. 6. The person collecting the sample shall provide the person to be tested with an opportunity to provide medical information that may be relevant to the test, including identifying current or recently used prescription and nonprescription drugs. 7. Sample collection, storage, and transportation to the testing place shall be performed in a manner reasonably designed to preclude the possibility of sample contamination, adulteration or misidentification. 8. An employee designated for testing must provide photo identification to the person collecting the sample. 9. Drug and alcohol tests will normally be scheduled during, or immediately before or after, the employee's regular work period or work time. Testing under this policy is considered work time and will be compensated at the employee's normal rate of pay. 10. Sample collection will be performed in a manner which ensures the individual employee's privacy to the maximum extent consistent with ensuring that the sample is not contaminated, adulterated, or misidentified. 11. PEAK OILFIELD SERVICE COMPANY will pay the entire actual costs for drug and alcohol testing required of employees and prospective employees. B. Testing Procedures 1. Unless testing is conducted on-site, PEAK OILFIELD SERVICE COMPANY shall use a drug-testing laboratory approved or certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) or the College of American Pathologists, American Association of Clinical Chemists. 8

9 2. The laboratory shall permit inspections by PEAK OILFIELD SERVICE COMPANY s Drug Program Manager or his/her designee. 3. PEAK OILFIELD SERVICE COMPANY may at times use an On-Site drug test. An On-Site drug test, also referred to as an Instant Drug Test, provides results immediately. All urine test specimens will be sent to Labcorp Corporation of America and all saliva tests will be sent to Quest Diagnostics for verification; however, a person may be put to work prior to receiving laboratory results. An employee will not be put to work with positive results on an On-Site test. A negative result from the laboratory is necessary. All On-Site tests will be conducted within the employee s site, as specified in Alaska Statute Positive drug tests will be confirmed by a gas chromatography mass spectrometry. The Company will not rely on a positive drug test unless the confirming drug test results have been reviewed by a licensed physician or doctor of osteopathy. 5. Alcohol testing will be performed by a breath alcohol technician (BAT). If the result of an alcohol screening test is an alcohol concentration of 0.02 or greater, a confirmation test will be performed. The confirmation test will generally be done within 15, but not more than 30, minutes of the screening test. The confirmation test is the final result. The results of these tests will be reported directly to PEAK OILFIELD SERVICE COMPANY. 6. A saliva alcohol test, referred to as a Q.E.D,. or other alcohol screening devices may be used in place of a BAT for all forms of testing, however BAT is the primary methodology for alcohol testing. BAT s will be used as confirmation in the case of positive Q.E.D. s. See the attached Q.E.D. Quality Assurance Procedures. C. Review of Drug Test Results 1. Medical Review Officer PEAK OILFIELD SERVICE COMPANY shall contract the services of a Medical Review Officer (MRO). The MRO shall be a licensed physician or doctor of osteopathy. The MRO shall review all confirmed positive drug test results and interview individuals tested positive to verify the laboratory report. In most cases, the MRO interviews individuals over the telephone. The decision of the MRO is final. 2. Reporting and Review of Results a An employee may obtain a copy of the written test results only upon written request made within six months of the date of the test. PEAK OILFIELD SERVICE COMPANY will provide the written test results to the employee pursuant to that request within five working days of its receipt. b. The MRO shall review confirmed positive test results. This review shall be performed by the MRO prior to the transmission of results to PEAK OILFIELD SERVICE COMPANY s Drug Program Manager or designee. c. The MRO shall contact the employee within 48 hours after getting the test result from the laboratory and offer an opportunity to discuss the confirmed test result. d. When urine testing is utilized and a positive results, the MRO will inform the employee that he/she has 72 hours after being informed of the positive results to request a test of the B bottle of the split sample. This process is an analysis of the second split sample bottle. The B bottle can be sent to a laboratory approved or certified by the Substance Abuse and Mental Health Services Administration or the College of American Pathologists, American Association of Clinical Chemists, of the employee's choice. The employee will be responsible for the costs of the test of the B bottle and will be reimbursed by the Company only if the sample 9

10 comes back negative. Oral fluid specimins cannot be split and retests that would otherwise cause the cancellation of an orginal drug test under the same or alternative methodoligies are unacceptable. 3. Verification for Opiates a. Before the MRO verifies a confirmed positive result for opiates, the MRO shall either determine that there is clinical evidence in addition to the urine test of unauthorized use of any opium, opiate, or opium derivative (e.g., morphine/codeine) or confirm the presence of 6-monoacetylmorphine through a separate test. 4. Prescription Drug Use a. Employees must notify their supervisor, before beginning work, that he/she is taking medications or drugs which may interfere with the safe and/or effective performance of duties. Employees under prescribed medication from a physician are expected to educate themselves about any potential side effects of such medication. Where the pharmacist s information sheet indicates that a medication prescribed for the employee may cause drowsiness, loss of mental alertness, or otherwise impair abilities to perform job duties, the employee should advise his or her supervisor. Please disclose only the impairment, not the drug or the underlying condition. b. If the prescription drug use could cause production or safety problems, a supervisor may grant the employee sick leave or temporarily assign the worker different duties. c. Discipline after positive drug test result from prescriptive or legal drug use in the case of prescriptive or legal drug use that results in a positive drug test result, the employee may be subject to disciplinary action when: (1) The employee failed to notify the employee s supervisor, before beginning work, that the employee was taking medications or drugs which might interfere with the safe and/or effective performance of duties; (2) Verification of valid current prescription or legal use of such drug is not provided upon request by the next scheduled work day; or (3) Misuse of the prescription or recommended drug. 5. Regarding Medical Use of Marijuana for Persons Suffering from Debilitating Medical Conditions Act a. An employee who tests positive for marijuana will be allowed to explain the positive test and provide evidence (i.e. a Department of Health and Human Services registry identification card) that he/she is lawfully using marijuana for medical purposes. If the employee provided sufficient evidence, and there is otherwise no evidence of on-the-job use or impairment, the employee will not be terminated. b. In such a case, the employee s position will be evaluated as to the degree with which it is safety-sensitive. If it is determined, with assistance of a knowledgeable attorney, that the employee while under the influence of marijuana presents a safety threat to their self or others, the employee will be removed from the position. The employee may be given a suitable position for which he/she is qualified, if available, or discharged. 6. Use of Hemp Products a. The use of over-the-counter hemp products is not condoned by PEAK OILFIELD SERVICE COMPANY. These products may cause positive test results for marijuana use, which cannot be distinguished from actual marijuana use. In such a case, the MRO will consider the test positive for marijuana use. b. Hemp products include but are not restricted to: hemp seed snacks, hemp oil, and hemp beer. 10

11 7. Results Consistent with Legal Drug Use a. If the MRO determines there is a legitimate medical explanation for the positive test result, the MRO shall report the test result to PEAK OILFIELD SERVICE COMPANY as negative. SECTION III. EMPLOYEE ASSISTANCE PROGRAM (EAP) A. Scope of Program The Employee Assistance Program, for the purposes of this plan, will provide education and training on drug and alcohol use to all employees. The education shall include: 1. Informational material distributed to employees as well as displayed on bulletin boards, employee break rooms, locker rooms, etc.; 2. A community service hot line telephone number for employee assistance displayed on bulletin boards and distributed to employees; and, 3. Distribution of PEAK OILFIELD SERVICE COMPANY Non-DOT Drug and Alcohol Plan regarding the use of prohibited drugs and alcohol to all new employees. The policy shall be displayed in prominent places throughout PEAK OILFIELD SERVICE COMPANY(i.e., employee bulletin boards, break rooms, locker rooms). B. Supervisor Training Supervisory personnel will receive training regarding the Non-DOT Drug and Alcohol Plan. The training shall include at least 60 minutes of training on the use of controlled substances, and at least 60 minutes of training on alcohol misuse. This training shall be for all supervisors who may determine whether an employee will be drug and alcohol tested for reasonable suspicion. SECTION IV. CONFIDENTIALITY OF RESULTS A. General 1. All records relating to drug and alcohol testing will be maintained in a confidential medical file in a secure location with controlled access, separate from personnel files. 2. A communication received by PEAK OILFIELD SERVICE COMPANY relevant to drug or alcohol test results and received through PEAK OILFIELD SERVICE COMPANY's testing program is confidential and privileged, and will not be disclosed by PEAK OILFIELD SERVICE COMPANY except: a. To the tested employee, prospective employee or another person designated in writing by the employee or prospective employee; b. An individual designated by an employer to receive and evaluate test results or hear the explanation from the employee or prospective employee; c. As ordered by a court or governmental agency; or d. In any proceeding initiated by or on behalf of the individual and arising from a positive test. SECTION V. CONTRACTOR EMPLOYEES A. General 1. Contractor Employees are subject to all policies in this Non-DOT Drug and Alcohol Plan. 11

12 SECTION VI. DEFINITIONS. Accident is defined as unplanned, undesired event, not necessarily resulting in injury, but damaging to property and/or interrupting the activity in process. Adulteration of a specimen means adding something to or somehow changing the composition of the urine/breath/saliva sample. Substituting or tampering with a specimen are included in the category or adulteration, and are all considered Refusals to Submit to testing. Alcohol means ethanol, isopropanol, or methanol. Alcohol concentration means the alcohol in a volume of breath expressed in terms of grams of alcohol - per 210 liters of breath-as indicated by an evidential breath test. Alcohol Use means the consumption of any beverage or mixture, including any medication or mouthwash containing alcohol. Breath Alcohol Technician (BAT) means an individual who operates an EBT and instructs and assists individuals in the alcohol testing process. Collection Site Person Is an individual authorized by PEAK OILFIELD SERVICE COMPANY to collect samples in accordance with this policy and trained in procedures for such collections. PEAK OILFIELD SERVICE COMPANY has chosen to follow the highest industry standards for work place collection, testing, and reporting of test results; therefore, PEAK OILFIELD SERVICE COMPANY procedures will attempt to follow, as a guide only, the federal drug testing procedures. Drug(s) means a substance considered unlawful under AS or under federal law, or the metabolite of the substance. Drug Testing means testing for evidence of the use of a drug. Evidential Breath Testing Device (EBT) is a device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath, and is placed on NHTSA s Conforming Products List (CPL) of evidential breath measurement devices. Employee Assistance Program (EAP), for the purposes of this plan, means a program that includes drug and alcohol training and referrals for treatment. Failing A Drug Test shall mean the test results show positive evidence of the presence of a drug or drug metabolite in an employee's system in amounts that exceed cutoff levels established by this policy. Medical Review Officer (MRO) is the licensed physician or doctor of osteopathy who is responsible for reviewing positive laboratory results generated by PEAK OILFIELD SERVICE COMPANY testing program. On-Site Drug Test refers to a urine test in which the results are available immediately. All On-Site tests are confirmed with a laboratory drug test. Prospective Employee means a person who has made application to PEAK OILFIELD SERVICE COMPANY, whether oral or written, to become an employee. Q.E.D. refers to a saliva alcohol test, in which the results are available immediately. A positive Q.E.D. test may be confirmed by a second Q.E.D. test. Random means a scientifically valid method that ensures that all covered employees have an equal chance of being selected. 12

13 Reasonable Cause testing means a drug and/or alcohol test that is administered whenever a manager or supervisor has reasonable cause to believe that an employee is using drugs and/or alcohol. Determinations will be based on specific, contemporaneous, articulable observations concerning the employee, including but not limited to, the employee s appearance, behavior, speech, or body odors. Rapid Test means a test designed to provide an instant screened test result. Refusal to Submit means failure to cooporate and provide a drug or alcohol sample, after receiving notice of the test in accordance with PEAK OILFIELD SERVICE COMPANY Non-DOT Drug and Alcohol Plan. A refusal will be treated the same as a positive test result. A refusal to test for alcohol occurs when a covered employee fails to provide an adequate breath for testing without a valid medical explanation after receiving notice of the requirement to be tested in accordance with the provisions of this PEAK OILFIELD SERVICE COMPANY Non- DOT Drug and Alcohol Plan or engages in conduct that clearly obstructs the testing process. Adulterating, subsituting, or tampering with a specimen are also considered Refusals to Submit. Sample means urine, saliva or breath from the person being tested. Screening Test or Initial Test means an analytic procedure to determine whether an employee may have a prohibited concentration of drugs or alcohol in a specimen. Substance Abuse Professional (SAP) means a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor ( Certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/ Alcohol & Other Drug Abuse ) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance related disorders. 13

14 SECTION VII. DRUG AND ALCOHOL PERSONNEL AND SERVICES 1. DRUG PROGRAM MANAGER (DPM) Peak s Human Resources Manager 2525 C Street, Suite 201 Anchorage, AK Phone: (907) MEDICAL REVIEW OFFICER (MRO) Dr. Leo Morresey Beacon 800 Cordova Street Anchorage, AK Phone: (907) SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA) LABORATORY LabCorp/Drugproof 1229 Madison Ste 500 Seattle, WA Phone: (800) Quest Diagnostics 3 Giralda Farms Madison, NJ (800) SUBSTANCE ABUSE PROFESSIONAL (SAP) SERVICES Magellan Behavioral Health Services 4300 B Street, Suite 202 Anchorage, AK (800) (907) EMPLOYEE ASSISTANCE PROGRAM (EAP) Magellan Behavioral Health Services 4300 B. Street, Suite 202 Anchorage, AK (800) (907)