Drug-Free Workplace

A1 Duran Roofing, Inc. is committed to maintaining a safe, healthy, quality-oriented, and productive work environment. Alcohol and drug abuse can create serious risks to the health and safety of our employees, the public, our clients, and the security of company equipment, vehicles, and facilities.

For these reasons, A1 Duran Roofing, Inc. maintains a drug-free workplace policy and is committed to the prevention and elimination of drug and alcohol use and abuse in the workplace.

Purpose

In compliance with the Drug-Free Workplace Act of 1988, A1 Duran Roofing, Inc. has a longstanding commitment to provide a safe, quality-oriented, and productive work environment.

This policy is intended to help protect employees, customers, visitors, jobsite personnel, company property, and the general public by establishing clear rules regarding drugs, alcohol, testing, inspections, confidentiality, and related workplace conduct.

Scope

This policy applies to all employees and applicants for employment with A1 Duran Roofing, Inc. The Human Resources department is responsible for policy administration.

Work Rules

Whenever employees are working, operating any A1 Duran Roofing, Inc. vehicle, present on company premises, or conducting company-related work offsite, they are prohibited from:

• Using, possessing, buying, selling, manufacturing, or dispensing illegal drugs, including possession of drug paraphernalia.
• Being under the influence of alcohol or an illegal drug as defined in this policy.
• Possessing or consuming alcohol while working or conducting company business.

The presence of any detectable amount of any illegal drug, illegal controlled substance, or alcohol in an employee’s body system while performing company business or while in a company facility is prohibited.

A1 Duran Roofing, Inc. will also not allow employees to perform their duties while taking prescribed drugs that adversely affect their ability to safely and effectively perform their job duties.

Employees taking prescribed medication must carry it in a container labeled by a licensed pharmacist or be prepared to produce the container if asked.

Any illegal drugs or drug paraphernalia may be turned over to an appropriate law enforcement agency and may result in criminal prosecution.

Required Testing

Pre-Employment Testing

Applicants being considered for hire must pass a drug test before beginning work or receiving an offer of employment. Refusal to submit to testing will result in disqualification from further employment consideration.

Reasonable Suspicion Testing

Employees are subject to testing based on observations by at least two members of management of apparent workplace use, possession, or impairment. Human Resources or the Director of Operations should be consulted before sending an employee for testing.

Management must use a Reasonable Suspicion Observation Checklist to document specific observations and behaviors that create reasonable suspicion that an employee may be under the influence of illegal drugs or alcohol.

Examples of reasonable suspicion indicators may include:

• Odors, including smell of alcohol, body odor, or urine.
• Movements, including unsteadiness, fidgeting, or dizziness.
• Eyes, including dilated, constricted, or watery eyes.
• Face, including flushed appearance, sweating, confusion, or blank look.
• Speech, including slurred, slow, or distracted speech.
• Emotions, including argumentative, agitated, irritable, or drowsy behavior.
• Actions, including yawning or twitching.
• Inactions, including sleeping, unconsciousness, or no reaction to questions.

When reasonable suspicion testing is warranted, management and Human Resources will meet with the employee to explain the observations and the requirement to undergo a drug and/or alcohol test within two hours.

Refusal by an employee will be treated as a positive drug test result and may result in immediate termination of employment. Under no circumstances will the employee be allowed to drive himself or herself to the testing facility. A member of management must transport the employee or arrange transportation.

Post-Accident Testing

Employees are subject to testing when they cause or contribute to accidents that seriously damage an A1 Duran Roofing, Inc. vehicle, machinery, equipment, or property, or that result in an injury to themselves or another employee requiring offsite medical attention.

Testing may also be required when a work-related accident or injury involves an employee who was operating a motorized vehicle, including a company forklift, pickup truck, overhead crane, aerial lift, or man-lift, and is found to be responsible for causing the accident.

In these instances, the investigation and subsequent testing must take place within two hours following the accident, if not sooner. Refusal by an employee will be treated as a positive drug test result and may result in immediate termination of employment.

Collection and Testing Procedures

Alcohol Testing

Employees subject to alcohol testing will be transported to an A1 Duran Roofing, Inc. designated facility and directed to provide breath specimens.

Breath specimens may be tested by trained technicians using federally approved breath alcohol testing devices capable of producing printed results that identify the employee.

If an employee’s breath alcohol concentration is .04 or more, a second breath specimen may be tested approximately 20 minutes later. The results of the second test will be determinative.

Alcohol tests may also be conducted through breath, blood, or saliva testing at the company’s discretion. Test results generated by law enforcement or medical providers may also be considered by the company as work rule violations.

Drug Testing

Applicants and employees subject to drug testing will be transported to an A1 Duran Roofing, Inc. designated testing facility and directed to provide urine specimens.

Applicants and employees may provide specimens in private unless they appear to be submitting altered, adulterated, or substitute specimens.

Collected specimens will be sent to a federally certified laboratory and tested for evidence of illegal drug use. Testing may include, but is not limited to:

• Marijuana
• Cocaine
• Opiates
• Amphetamines
• PCP
• Benzodiazepines
• Methadone
• Methaqualone
• Propoxyphene
• Other illegal drugs where indicated

The laboratory will screen all specimens and confirm all positive screens. A proper chain of custody must be maintained from the time specimens are collected through testing and storage.

Medical Review Officer

The laboratory will transmit all positive drug test results to a Medical Review Officer retained by A1 Duran Roofing, Inc. The Medical Review Officer will offer individuals with positive results a reasonable opportunity to rebut or explain the results.

Individuals with positive test results may request that their split specimen be sent to another federally certified laboratory for testing at the applicant’s or employee’s own expense. Such requests must be made within 72 hours of notice of test results.

If the second facility fails to find evidence of drug use in the split specimen, the employee or applicant will be treated as passing the test. A positive test result should not be communicated to A1 Duran Roofing, Inc. until the Medical Review Officer has confirmed the test to be positive.

Consequences

Applicants who refuse to cooperate in a drug test or who test positive will not be hired and may not be allowed to reapply or retest in the future.

Employees who refuse to cooperate in required tests, or who use, possess, buy, sell, manufacture, or dispense an illegal drug in violation of this policy, will be subject to discipline up to and including termination.

Employees who test positive or otherwise violate this policy may be subject to discipline, up to and including termination.

Depending on the circumstances, the employee’s work history, record, and applicable state law requirements, A1 Duran Roofing, Inc. may offer an employee who violates this policy or tests positive the opportunity to return to work on a last-chance basis under mutually agreeable terms.

Last-chance terms may include follow-up drug testing at times and frequencies determined by A1 Duran Roofing, Inc. for a minimum of one year, but not more than two years, as well as a waiver of the right to contest termination resulting from a subsequent positive test.

If the employee does not complete a rehabilitation program or tests positive after completing the rehabilitation program, the employee may be immediately discharged from employment.

Employees will be paid for time spent in alcohol or drug testing and then suspended pending the results of the drug or alcohol test. If test results are negative, the employee will receive back pay for the time or days of suspension.

Confidentiality

Information and records relating to positive test results, drug and alcohol dependencies, and legitimate medical explanations provided to the Director of Operations will be kept confidential to the extent required by law and maintained in secure files separate from normal personnel files.

Such records and information may be disclosed among managers and supervisors on a need-to-know basis and may also be disclosed when relevant to a grievance, charge, claim, or other legal proceeding initiated by or on behalf of an employee or applicant.

Inspections

A1 Duran Roofing, Inc. reserves the right to inspect all portions of its premises for drugs, alcohol, or other contraband. Affected employees may have union representation involved in this process where applicable.

Employees, contract employees, and visitors may be asked to cooperate in inspections of their persons, work areas, and property that might conceal drugs, alcohol, or other contraband.

Employees who possess contraband or refuse to cooperate in such inspections are subject to appropriate discipline, up to and including discharge.

Crimes Involving Drugs

A1 Duran Roofing, Inc. prohibits all employees, including employees performing work under government contracts, from manufacturing, distributing, dispensing, possessing, or using illegal drugs on company premises or while conducting company business.

Employees are also prohibited from misusing legally prescribed or over-the-counter drugs. Law enforcement personnel may be notified when criminal activity is suspected.

A1 Duran Roofing, Inc. recognizes that off-the-job involvement with drugs and alcohol may have an impact on the workplace. Therefore, the company reserves the right to take appropriate disciplinary action for drug use, sale, or distribution while off company premises.

All employees who are convicted of, plead guilty to, or are sentenced for a crime involving an illegal drug are required to report the conviction, plea, or sentence to Human Resources within five days.

Failure to comply may result in automatic discharge. Cooperation in complying may result in suspension without pay while management reviews the nature of the charges and the employee’s past record with A1 Duran Roofing, Inc.

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