BRINK CONSTRUCTORS, INC

RECEIPT OF

DRUG AND ALCOHOL MANUAL AND MATERIAL

I, have received a copy of the

(print name)

Company policy regarding required drug and alcohol testing and information on the effects of

drug and alcohol misuse. I acknowledge that I have read the policy. Should I have

questions, I may contact my supervisor or Steve Haefs – Safety Officer, at the Rapid City office

605-342-6966.

Signature Date

Sign and return this page

You may keep the remainder of the

booklet for your reference……

DRUG AND ALCOHOL

TESTING

POLICY MANUAL

Reviewed April 17, 2013

BRINK CONSTRUCTORS, INC.

BRINK CONSTRUCTORS, INC.

DRUG AND ALCOHOL TESTING POLICY

The object and purpose of this policy is to comply with applicable “Federal Regulations” governing workplace drug and alcohol abuse and misuse. Brink Constructors is concerned for the health and well being of all of its employees.

All employees of Brink Constructors are required to participate in this drug and alcohol-testing program. Employees who operate with a Commercial Driver’s License (CDL), perform a safety sensitive job or supervise safety sensitive jobs are required as of January 1, 1996 to participate in such a program as mandated by the “Federal Highway Administration Department of Transportation”.

PROHIBITED USE

Controlled Substances:

Urine drug testing will screen for all regulated substances:

No employee, or employer having knowledge of, shall permit an employee to:

  1. Report for or remain on duty when using any controlled substance.

Exception: If the use is pursuant to instructions of a physician who has advised

the driver that the substance does not adversely affect the ability to

safely operate a motor vehicle or perform their job duties.

  1. Report for or remain on duty after having tested positive for a controlled substance.

Brink Constructors requires that any therapeutic drug usage be reported to your supervisor. This policy prohibits the use of medical marijuana, in conformance with federal laws.

Alcohol:

No employee, or employer having knowledge of, shall permit an employee to:

  1. Report for duty or remain on duty while having an alcohol concentrationof 0.04 or greater.
  1. Use alcohol while performing their duties or during the time frame of their work day schedule (including lunch and all breaks)
  1. Perform their job duties within (4) four hours of alcohol use.
  1. Possess alcohol while on duty or operating a Company vehicle.
  1. Use alcoholwithin (8)eight hours of an accident or until post-accident testing is complete.

REQUIRED TESTING

Pre-employment:

All employees of Brink Constructors must undergo and have a verified negative controlled substance test result prior to time of employment. The cost of this test will be reimbursed by Brink Constructors upon employment.

Re-employment:

A re-employment test may be required of a past employee, depending on the length of absence.

Post-accident testing:

All accidents, serious in nature, will require the employee(s) involved to undergo an alcohol and controlled substance test. This test must be performed as soon as possible following an accident involving a loss of life. It is also required if a citation for a moving violation was issued AND anyvehicle required towing from the scene, or any injury required medical care away from the scene. The seriousness of all accidents, which do not follow under the above guidelines, will be determined by project supervision. The cost of this test will be paid by Brink Constructors.

Random testing:

An annual rate of 10% of Brink Constructors’ employees will be tested for alcohol and 50% will be tested for controlled substances. These tests are unannounced and are spread throughout the year. Each employee has an equal chance of testing at each selection. A random selection will be made by a computer generated program each quarter. Your supervisor will be notified when your number has been selected. Employees must proceed to the collection test site as soon as possible. The cost of this test will be paid by Brink Constructors.

Reasonable Suspicion:

Employees are required to submit for alcohol or controlled substance testing whenever there is a reasonable suspicion. Project supervisors and foreman will be trained in behavior observation techniques. Testing should occur as soon as possible: controlled substances must be done within 32 hours, alcohol should occur by 2 hours and within 8 hours of determination. The cost of this test will be paid by Brink Constructors.

Return to Duty:

Employees who have engaged in prohibited conduct must undergo controlled substance or alcohol testing with verified negative results prior to return to duty. The cost of this test will be paid by the employee. The employee is encouraged to seek counseling and treatment programs. A “Substance Abuse Professional” will evaluate the employee and make the determination when the employee may return to duty. The cost of counseling and treatment will be paid by the employee.

Follow-up:

If the employee returns to duty, he / she are subject to a minimum of 6 unannounced follow-up tests in the first 12 months. The cost of these tests will be paid by the employee.

TESTING PROCEDURE

Testing shall be conducted in a manner to assure adherence to standards of confidentiality, privacy, accuracy, and reliability as approved by the “Department of Health and Human Services” and the “Department of Transportation”. Each project supervisor will be responsible for locating a collection / testing lab near each jobsite. All results from testing will be reported to one person at the Rapid City office. Supervision and Company Officers will have access to the results. “Confidentiality” of results is a high priority.

Controlled Substance Testing:

  1. Urine will be the required substance and will be collected under controlled circumstances.
  2. Urine shall be divided into split specimens (2 containers) and each shall be labeled thoroughly to preserve identity.
  3. Specimens are transported to a Department of Health and Human Services approved testing lab.
  4. Specimens undergo testing by an initial screening procedure which is followed by confirmation by GC / MS testing, if necessary.
  5. The urine is positive for a substance if the substance is present in an amount greater than a minimum threshold.
  6. A medical review officer will contact the donor if there is a positive result to verify the results.
  7. The medical review officer reports the results to the employer.
  8. The medical review officer gives the donor the option of testing the remaining split specimen at a lab of their choice. This second testing will be at the expense of the employee.

Alcohol:

  1. Breath is tested for alcohol.
  2. The test is conducted by a certified Breath Alcohol technician.
  3. The tester uses an approved Evidential Breath Testing Device.
  4. The initial test must give results of less than 0.02, or a retest (confirmation) must be done following a 15 minute wait.
  5. If the confirmation reveals a concentration of greater than 0.02, the driver is in violation of the rule.

Post accident breath or blood testing may be conducted by Federal, State, or local officials having independent authority, if the results can not be obtained by the employer.

REFUSAL TO SUBMIT

An employee is determined to have refused to submit to testing if:

  1. There is a refusal to take the test.
  2. There is an inability to produce urine, after 24 ounces of fluid and 2 hours are allowed, or breath, with an absence of valid medical explanation.
  3. False information has been provided by the employee
  4. The employee fails to report within the required time period for testing.

The rule requires that employees must be removed from safety sensitive functions.

CONSEQUENCES

Any violations or refusals require that the employee be removed from any safety sensitive functions. If an employee is in violation, they will be referred to a Substance Abuse Professional (SAP). This (SAP) will evaluate and resolve the misuse. A listing of SAPs for the Black Hills Area is on the following page. Employees who are not in the local area will be given a listing of SAPs in their community. If the employer desires and permits the employee to return, the employee must undergo return to duty testing with a verified negative result and if identified by the Substance Abuse Professional as needing assistance in resolving misuse, must have been evaluated by the SAP for compliance with the rehabilitation. The employee is then subject to unannounced follow-up testing as directed by the SAP. This is at least 6 tests in the first 12 months. The cost of these tests will be paid by the employee.

In the case of alcohol testing, if the employee has an alcohol level of greater than 0.02, but less than 0.04, they must be removed from safety sensitive functions for 24 hours.

TRAINING

Those designated to determine is reasonable suspicion exists must receive 60minutes of alcohol and 60 minutes on controlled substance training which covers the physical, behavioral, speech, and performance indicators of misuse.

SUBSTANCE ABUSE PROFESSIONAL

REFERRAL OPTIONS AND RESOURCES

Substance Abuse Professional (SAP) defined:

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” with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.

SUBSTANCE ABUSE PROFESSIONAL (SAP) REFERRAL OPTIONS

Behavior Management / Buzetta and Associates
350 Elk St. / 114 Kinny
Rapid City, SD / Rapid City, SD
343-7262 or 1-800-299-6023 / 348-6720
EAP – Rapid CityRegionalHospital / Lutheran Social Services
1011 11th St. / 1010 Sioux San Drive
Rapid City, SD / Rapid City, SD -- 348-0477
Northern Hills Drug and Alcohol Services / Southern Hill Alcohol and drug Services
1340 10th St * / 330 S. Chicago *
Spearfish, SD 642-7093 / Hot Springs, SD 745-6300
and
950 Main St. * / Winner Alcohol and Drug Counseling
Sturgis, SD 3473003 / 892-0312
City/County Alcohol and Drug Programs
315 St. Joseph *
Rapid City, SD 394-6662

* Core agencies of the S.D. Division of Drug and Alcohol. Fees are income-based.

Other options include any M.D. or D.O. willing and able to perform the assessment. The local yellow pages have complete physician listings.

OR

Any professional who meets the requirements of the above definition.