INSTRUCTIONS FOR DRUG FREE WORKPLACE PROGRAM

A. Updating the Drug Free Workplace Program.

1. Provide all employees with the following:

a. “Notice to all Employees” concerning updated policy.

b. Drug Free Workplace Employee Handbook.

c. Employment Acknowledgment Agreement form. Collect & keep in employee personnel files after all employees read, sign and date.

d. Medication Disclosure Form. Completion of this form is voluntary and will not affect the drug test process. All laboratory results are reported to the company designated Medical Review Officer (MRO). If your results are reported as a positive to the MRO, he/she must try to contact you to review the results of the drug test to see if there is a medical reason (medication) for your positive result. If the reason for your positive result was due to medication, you must provide the MRO with proof of your prescription. The MRO will then change the result from a positive to a negative drug test result, without disclosing your medication. If your result is negative, it will be reported directly to this company.

e. All DOT covered CDL licensed drivers must also sign the Commercial Motor Vehicle Driver Safety Policy, supplement to the drug free workplace policy. This must be kept in the employee’s DOT file.

2. Copy and post Drug Free Workplace posters & stickers.

3. State that the company is a Drug Free Workplace in all employment advertisements.

DFWP is the abbreviation that is used in most newspapers.

4. Use the updated chain of custody drug screen forms and follow drug-testing procedures.

B. Drug Testing Procedures.

1. Job Applicants-any applicant you offer a job to, must take a pre-employment drug screen. All new hires must pass a drug screen to be employed by this company. Potential employees can start work “pending” the results of a drug screen. You must follow these pre-employment instructions:

a. Give potential employee a copy of Drug Free Workplace Handbook.

b. Have potential employee read, sign, and date the Employment Acknowledgment Agreement and provide a copy of Medication Disclosure form. Completion of the Medication Disclosure Form is voluntary and will not affect the drug test process. All laboratory results are reported to the company designated Medical Review Officer (MRO). If your results are reported as a positive to the MRO, he/she must try to contact you to review the results of the drug test to see if there is a medical reason (medication) for your positive result. If the reason for your positive result was due to medication, you must provide the MRO with proof of your prescription. The MRO will then change the result from a positive to a negative drug test result, without disclosing your medication. If your result is negative, it will be reported directly to this company.

c. DOT covered CDL licensed drivers must also read and sign the Commercial Motor Vehicle Driver Safety Policy.

d. Document the new hire’s name, social security number, the specimen ID number from the chain of custody drug test form and the date of the test on the testing log-in sheet.

e. Send potential employee to the collection site for a drug screen, along with the Chain-Of-Custody Form. Note: You must use the Federal chain of custody test form when testing a new CDL driver.

f. If a potential employee is starting work immediately, they must return with their test receipt, prior to starting work. CDL’s cannot drive until the results have been reported as negative.

g. Results reporting. – All positive and adulterated drug test results will be reported first by telephone with a follow-up email. Negative results will be emailed without a telephone call. All current and past test results are also available online through the TCN website by using your website instructions and pin/id numbers. Enclosed are instructions for use and your secure employer ID and PIN numbers.

h. Results will either be:

(1) Negative-Potential employee has passed test and officially hired.

(2) Confirmed Positive- Potential employee has failed test and is officially not hired or dismissed if he/she has started work.

(3) Adulterated or tampered with – Potential employee adulterated or tampered with their specimen. This is considered a refusal to test. A refusal is considered a positive test result. The potential employee is officially not hired or dismissed if he/she has started work.

NOTE: The Medical Review Officer has explained to all testers the Legal process for contesting a drug screen result. In order to do this, the potential employee must provide you and TCN with a letter stating they want to contest it, and $200.00 to legally transfer the original specimen bottle to another lab for testing. They DO NOT go for another test. For any questions, please contact TCN at 1-800-881-4826.

2. Post-Accident-Any employee involved in a work- related accident where they file an accident report or seek medical attention, as well as the person who caused the accident. If an employee tests positive for drugs and/or alcohol, refuses to test or has an adulterated or tampered with specimen, they will forfeit their claim for workers’ compensation for this accident and face the company disciplinary action. Post-Accident Procedures:

a. All employees involved in a work-related accident, who files an accident report or who seeks medical attention, must submit to a drug screen within 24 hours. If they are going for medical treatment, have them bring the chain of custody drug testing form with them. They must also bring a 2nd form if you are going to request a blood alcohol test. Check off post- accident on top of the form under ‘ reason for test’. You must also check blood alcohol and post- accident on the 2nd form if you are going to perform a post-accident blood alcohol test. If they are not going for medical treatment, send them to the collection site for the post- accident drug test.

b. The employee must first receive medical attention. Please provide TCN with your designated medical center information. TCN will attempt to set-up the medical center for automatic post-accident testing. If a drug and/or alcohol test is not performed at the medical center, send the employee to the designated collection site ASAP for the drug test.

NOTE: If you smell alcohol on an employee, you must request to have a post-accident blood alcohol test done. You must also transport the employee to the site for treatment and the testing if you suspect alcohol use. Call a taxi cab to provide transportation if you do not want to transport the employee. They will only conduct post-accident blood alcohol testing upon request.

3. Reasonable Suspicion. Any employee you have “reasonable suspicion” is doing drugs or consuming alcohol on the job. Please contact the corporate office ASAP for instructions.

a. Follow procedures in Supervisor’s Guide for Reasonable Suspicion.

b. Accompany employee to collection site for drug and/or alcohol screen.

c. Complete Reasonable Suspicion Report located in Supervisor’s Guide.

d. According to the policy and State law; Reasonable suspicion testing means; drug and/or alcohol testing based on an employer's belief that an employee is using or has used drugs in violation of the employer's policy, drawn from specific visual or verbal facts that would lead a reasonable person, without any medical training but normal life experiences, to conclude the possibility of drug and/or alcohol use. Whenever possible, the supervisor who is suspicious of an employee's behavior should have the suspicious behavior confirmed by another supervisor or manager before requiring the employee to be tested. Employees who refuse to be tested will be terminated. If there is reasonable suspicion that an employee is under the influence of drugs and/or alcohol, the employee will be required to undergo drug and/or alcohol testing at a laboratory chosen by the company. Occurrences that may be indicators of substance abuse and are considered grounds for reasonable suspicion are:

(1) Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug.

(2) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.

(3) A report of drug use, provided by a reliable and credible source.

(4) Evidence that an individual has tampered with a drug test during his employment with the current employer.

(5) Information that an employee has caused, contributed to, or been involved in an accident while at work.

(6) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment.

If an employee is arrested for or convicted of a drug-related crime, this company will investigate all of the circumstances, and company officials may utilize the drug-testing procedure if cause is established by the investigation. An arrest for a drug-related crime constitutes reasonable suspicion of drug use under this policy. As a condition of employment, an employee must notify the company’s manager of Human Resources of any criminal drug statute arrest or conviction within five (5) days of such arrest or conviction.

e. To ensure that illegal drugs and alcohol do not enter or affect the workplace, this company reserves the right to search all vehicles, containers, lockers, or other items on this company’s property in furtherance of this policy. Individuals may be requested to display personal property for visual inspection upon this company’s request. Searches will be conducted only where this company has reason to believe that the employee has violated this company’s substance abuse policy. Failure to consent to a search or display personal property for visual inspection will be grounds for discharge or denial of access to this company’s premises. Searches of an employee’s personal property will take place only in the employee’s presence. All searches under this policy will occur with the utmost discretion and consideration for the employee involved. Individuals may be required to empty their pockets, but under no circumstances will an employee be required to remove articles of clothing or be physically searched. Because the primary concern is the safety of its employees and their working environment, this company will not normally prosecute the employee in matters involving illegal substances. However, this company will turn over all confiscated drugs to the proper law enforcement authorities. Further, this company reserves the right to cooperate with or enlist the services of proper law enforcement authorities in the course of any investigation.

4. Random Testing. All employees are subject to random drug testing. Corporate will notify managers with the names of the employees chosen for a random drug test. CDL’s are also subject to random alcohol breathalyzer testing. Make sure that you check off random under ‘reason for test’ on the top of the chain of custody drug test form and use the Federal forms for CDL’s. Random breathalyzer testing will be conducted at the site setup for the breathalyzer testing and the drug testing will be conducted at the laboratory site. Please complete the random notification form and have the employee sign the form. Please keep the form on file and have the employee return with their test receipt.

C. What to do if an employee refuses to submit to a drug and/or alcohol test. No matter which disciplinary action you choose, a refusal to test is grounds for immediate termination. Remember, an adulterated or tampered with specimen is considered a refusal to test resulting in immediate termination. Document everything to do with the refusal in Supervisor’s Handbook.

D. What to do if an employee fails a drug and/or alcohol test.

Please see the specified language from the Employee Acknowledgment that has been provided below for your reference:

In the event of a confirmed positive drug and/or alcohol test, Nextran may terminate my employment, effective immediately. However, if this is my first instance of a confirmed positive test result, I recognize that have an option to complete a rehabilitation program at my own cost. I understand that if I decline to participate in rehabilitation, my termination from Nextran will be considered a voluntary resignation. Should I opt to pursue the rehabilitation option, I understand that I must seek help from a Substance Abuse Professional (SAP) and I agree to sign a release with the SAP to correspond with Nextran concerning my treatment. It is my responsibility to show Nextran proof of enrollment in such program within 15 days after the date I have been notified by Nextran of the confirmed positive test results.

Until such documentation is received, I will remain suspended without pay. (If no documentation is received on the 15th calendar day following notification, my employment may be terminated.) Once documentation is received, I understand that Nextran will consider reasonable accommodations which may enable me to perform the essential duties of my job (or an alternative job) while I attend rehabilitation. (Reasonable accommodation may include leave without pay.) However, I acknowledge that DOT employees are not permitted to perform work in safety-sensitive positions until successful completion of rehabilitation and negative drug screen test results are received.

I understand that I cannot return to work until the SAP provides Nextran with a letter stating I am able to return to work and I must pass a return to work drug and/or alcohol test. I understand that I will then be subject to random follow-up drug and/or alcohol tests, at Nextran ’s discretion, for a period of two years. I understand a confirmed positive, a refusal to test, an adulterated or tampered with specimen on the return to work or any follow-up random tests will result in immediate termination of my employment. I understand that if I violate the rehabilitation agreement, do not complete drug and/or alcohol treatment or pass the return to work drug and/or alcohol test within a 12 week period, I will be terminated from employment.