CHAPTER 4: SUBSTANCE ABUSE PREVENTION

INTRODUCTION Through our Substance Abuse Prevention Program, we strive to do the following:


Promote a safe workplace.




Preserve the dignity of our working men and women.




Satisfy all customers’ drug and alcohol testing and policy requirements for contractor employees.




Provide consistent, objective, and fair drug and alcohol abuse testing for participating contractor employees using manageable procedures.




Support customer prohibition of any contractor employees reporting to work or being present at the job site with a non-allowable quantity of alcohol or illegal or illicit drugs in the body.

Definition of terms used herein can be found in Section X. PROGRAM OVERVIEW The Program will do the following:


Apply to all employees, including temporary and part-time.




Classify employees as “inactive” for failure to comply with program requirements.




Help J. T. Thorpe & Son, Inc. (JTT) determine that an “inactive” status makes a participating employee ineligible to enter customer work sites.

“ACTIVE/INACTIVE” STATUS AND VERIFICATION SYSTEM This program establishes the parameters to classify employees as being either “active” or “inactive.” Any employee who has not demonstrated compliance with the requirements of this program will be classified as “inactive.” All employees who have demonstrated compliance the will be classified as “active.” An independent data management company will administer the verification process, and provide only JTT with the “active” or “inactive” status of participating contractor employees. Under JTT policies, management may preclude “inactive” employees from access to a work site. (Note: an “active” classification under JTT‘s program does not guarantee access to all work sites.) SUBSTANCE TESTS 1.

General

Thorpe requires the following minimum substance testing standards and procedures. All drug collections and analysis will be conducted in compliance with policies and procedures substantially similar to federal protocols (49 CFR Part 40). In instances where this program lacks a direct policy, the federal protocols shall apply, including, but not limited to, procedures such as witnessed or observed urine collections.

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2.

Substances and Cut-off Levels A.

Drugs

Thorpe prohibits all illegal substances on their job sites. The following substances (illegal or otherwise) are of particular concern and are tested for under the Program via urinalysis (except alcohol, which is tested as described below). Results at or above any of the cut-off levels in both the initial and confirmation tests, without acceptable medical explanation, constitute a confirmed positive test and result in an “inactive” status for the tested employee. This list is subject to change as substance usage and availability patterns suggest the addition or deletion of substances or change in cut-off levels. JTT will notify employees of any addition or deletion of substances, or change in cut-off levels. Drugs

Initial Test Emit

Confirmation Test GCMS

Amphetamines Barbiturates Benzodiapines Cocaine Methadone Opiates THC (Marijuana) PCP Methaqualone Propoxyphene

1000 ng/Ml 300 “ 300 “ 300 “ 300 “ 2000 “

500ng/Ml 100 “ 100 “ 150 “ 100 “ 2000 “

B.

50

“

15 25 300 300

“ “ “

“ 25 200 200

“ “ “

Workers can use prescription drugs on the work site as long as the following applies: Prescription is written by an MD Prescription is current Medications are in proper container Medication is prescribed for worker Medication will not make worker drowsy or unsafe on the job. They report their use to their site supervisor

C.

Alcohol

Initial tests of .02 % and confirmation tests of .04% blood alcohol concentration (BAC) or higher constitute a confirmed positive test and result in an “inactive” status for the tested employee. A saliva or breathalyzer test will be the initial test. A positive initial test will be confirmed by a breathalyzer test. Alcohol testing will be done using protocols that are substantially similar to federal collection protocols (49 C.F.R. Part 40). 3.

Test Standards All urinalysis testing shall be performed utilizing Substance Abuse and Mental Health Services Administrations (SAMHSA) approved laboratories for analysis. Medical Review Officers (MROs) will review the test results.

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4.

Grounds for Tests Substance testing of employees shall be conducted in the following instances: A. B. C. D. E.

Enrollment Reasonable Cause/Accident/Near Miss Return-to-duty/Rehabilitation/Follow-up Random, for participating contractor employees in positions designated by their employer and/or participating owners as “Safety and Environmentally Sensitive” (S/SE). Required at all Refinery operation Facilities

A confirmed positive test in any of the above situations will result in an “inactive” status for the employee. A.

Enrollment Tests Substance tests are required upon enrollment (or reapplication, if eligible) into this program. Should an individual fail the test (thereby becoming classified “inactive”), he or she may choose to undergo a new test after six months, or sooner following completion of a rehabilitation program approved by the MRO (Medical Review Officer). The MRO shall have sole discretion in determining the type, nature, and terms of the rehabilitation program, and shall be responsible for verifying the employee’s successful completion of the rehabilitation and follow-up program, if required. Should the individual pass the new test, he or she will be given “active” status, subject to unannounced testing for a period of up to five cumulative “active” status years, and other related requirements as determined by the MRO. If the applicant has submitted an application for enrollment into JTT’s program and then either refuses to report to the collection site or fails to report to the collection site within 48 hours, it shall be JTT’s responsibility to notify the data management company using a “Refusal to Submit” form. If the applicant reports to the collection site and then refuses to submit to testing, the collection agent will notify the JTT representative, who will then turn in the “Refusal to Submit” form to the data management company. Individuals who refuse to submit will be classified as “inactive” and required to follow the guidelines of JTT’s substance abuse testing program regarding enrollment positive test results. If the individual does not complete the membership application, no action will be taken. If an employee is taking a prescription or over-the-counter drug that may cause impairment, they will not be allowed to work on any job site. JTT will maintain employee records with this information.

B.

Reasonable Cause Tests If required by JTT, an employee shall undergo “reasonable cause” tests due to specific physical, behavioral, or performance indicators. JTT management will perform on going monitoring of employees on site for these issues. Any worker behavior that creates “reasonable cause” concerns will be reported to the local JTT Program Administrator top determine necessary steps to be taken. JTT shall immediately remove these employees from work, pending

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test results. Any employee involved in an accident or “near miss” will be required to submit to a drug and alcohol test. If test results are negative, the employee will be paid for time lost and allowed to return to the job site. C.

Return-to-duty/Rehabilitation/Follow-up Tests After the MRO has determined that an employee who has tested positive on any test has complied with the requirements of an approved rehabilitation program (see the Rehabilitation Requirements section below), the employee shall be subject to a return-to-duty test and unannounced testing for a period of up to five years of cumulative “active” status, with total time and frequency determined by the MRO. An employee participating in rehabilitation and follow-up testing will, in addition, still be subject to random testing under paragraph D, below.

D.

Random Tests for S/ES Positions The data management company shall place employees identified as holding “S/ES” positions in a S/ES Random Pool and shall test them for the designated substances each year, on a random basis, at a minimum 50% annualized rate (i.e., the number of annual tests should equal the annualized number of active employees in the S/ES Random Pool multiplied by onehalf). This random selection test will be performed by the data management company, with the adjustments necessary to ensure a minimum of the 50% annualized rate. JTT will have seven (7) calendar days after the directive from the data management company to notify the selected employees and complete testing. After notification, the selected employees shall have sixty (60) minutes, plus necessary travel time to report to the collection facility. The lab will notify the data management company of the results. Any selected employee not tested within seven (7) calendars days, or for whom results are not provided, will be classified as “inactive”/retest.” Such employees are eligible to work, pending results of the test.

E. ExxonMobil Facilities A negative test result will be required prior to arrival on site. The testing will be done in accordance with U.S. Department of Transportation (DOT) guidelines. Thorpe will submit all required documentation of the negative results for those employees assigned to work at this plant prior to mobilization. 5.

Fitness for Work Notification/Status The MRO shall notify JTT whether an employee is presumed positive (prior to MRO confirmation) or confirmed to be unfit for work. JTT will remove employees who are presumed or confirmed to be unfit for work sites.

6.

Refusal to Undergo Testing If an employee refuses to undergo testing for any reason, at any time, he or she shall be reclassified as “inactive.” The following instances will be considered “refusal to undergo testing”:

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7.

A.

Any refusal to provide a specimen as directed.

B.

Failure to report for collection within sixty (60) minutes, plus travel time, following notification.

C.

Failure to provide sufficient breath, saliva, or urine in accordance with protocols that are substantially similar to Federal protocols (49 CFR Part 40).

D.

Submission an adulterated specimen.

Reanalysis Employees may request a reanalysis of his or her original specimen, provided he or she submits such request to the data management company, in writing, within 14 calendar days from the time the employee is notified of a positive result. Any confirmed presence of a substance in the reanalyzed sample results in a positive test. If presence is not confirmed, the result is reported as negative. The employee is responsible for the cost of the reanalysis. Reanalysis of a confirmed alcohol test is not available.

8.

Federally Mandated Testing Any employee subject to drug and/or alcohol testing under the regulations of the U.S. Department of Transportation (DOT) will also be subject to separate testing according to the guidelines established by the DOT agency, which mandates testing of employees. This is in addition to the testing required under this Program.

REHABILITATION REQUIREMENTS 1.

If an employee is confirmed positive on a random or reasonable-cause test and is classified “inactive,” he or she will have an opportunity to enter and complete a rehabilitation program (at no cost to the employee or his or her health plan), and to requalify for “active” status in the program. The MRO shall have sole discretion in determining the type, nature, and terms of the rehabilitation program, and shall be responsible for verifying the employee’s successful completion of the rehabilitation and follow-up program, if required. Failure to comply with rehabilitation and follow-up requirements, or any subsequent positive test or relapse, will result in “inactive” status.

2. If any employee “self-identifies” as a substance abuser before being selected for a test, that person shall be classified as “inactive” and will be subject to the same rehabilitation conditions as those participating contractor employees who fail a random or reasonable-cause test. If the employee satisfies the MRO’s requirements for compliance with a rehabilitation program, then the employee will be re-classified as “active.” 3. If a participating contractor who has “self-identified” and been re-classified as “active” should later fail a random or reasonable-cause test, or “self-identify” again, the employee will again be re-classified as “inactive.” He or she will have one additional rehabilitation opportunity to be re-classified as “active.” Participating contractors must notify the data management company of any employee who “self-identifies” for inclusion under this provision.

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4. A participating contractor who becomes re-classified as “inactive” after exhausting the rehabilitation opportunities in parts 1 & 2 of this provision may apply to be reclassified as “active,” after a period of three years from the date of completing a rehabilitation program acceptable to the MRO. The review by the MRO shall also take into account the circumstances surrounding the previous relapse(s), the addictiveness of substances involved, the program’s short and long term rehabilitation success rates, the safety and environmental nature of the employee’s job, whether the program’s completion criteria are sufficiently stringent, etc., to ensure that the rehabilitation requirements selected give the employee the best chance for success and minimize future safety risks. A. The MRO will review applications for re-classification on a case-bycase basis, in light of all existing circumstances at that time. B. A subsequent positive test, or a relapse or refusal to submit a specimen, will result in the individual being permanently classified as “inactive.” 5. Following the rehabilitation opportunities outlined in parts 1, 2, or 3 of this provision, an employee may be re-classified as “active” when (1) he/she has successfully completed the rehabilitation acceptable to the MRO, and (2) the individual has submitted to a return-to-duty test, and submits to an unannounced testing program and other follow-up requirements as required by the MRO, after returning to “active” status. This return-to-duty procedure is required in conjunction with all forms of testing allowed by this program.

CONFIDENTIAL RECORDS The data management company will store employee substance testing records, as well as any records of rehabilitation, in order to maintain their confidentiality. Information regarding an individual’s substance test results or rehabilitation records will be released by the data management company only upon the written consent of the individual, except as required by law or order of any government agency or court. SUPERVISORY TRAINING/EDUCATION JTT shall provide supervisor/manager training regarding this program. The program administrator and back-up who will determine whether an employee must be tested based on reasonable cause will receive one, sixty (60) minute training session on the specific and contemporaneous physical, behavioral, and performance indicators of probable drug and alcohol use. EMPLOYEE COMMUNICATIONS JTT shall review this program with its employees. PROGRAM REVIEW AND AUDIT This program will be monitored and reviewed (annually at the minimum) by JTT. In addition, this program is subject to modification by Thorpe at any time. The policies, procedures, protocols, and fitness for work records of the data management company are available for a confidential audit, by independent auditors, on behalf of JTT. No individual employee’s medical information will be disclosed as part of this audit. If any part or

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provision of this program is declared to be unlawful or invalid in any respect, the remaining provisions shall remain valid and enforceable to affect the goals of this program. DEFINITIONS MRO (Medical Review Officer) The MRO shall be a licensed physician who is responsible for receiving laboratory results generated in connection and in accordance with the program, and who is knowledgeable of substance abuse disorders. The MRO shall be medically trained to interpret and evaluate a participating contractor employee’s test result in conjunction with his or her medical history and any other relevant bio-medical information. The MRO shall have sole discretion in determining the type, nature, and terms of the rehabilitation program, and shall be responsible for verifying the employee’s successful completion of the rehabilitation program and follow-up program, if required. Safety and Environmentally Sensitive (S/ES) Positions S/ES positions are identified by participating contractors or owners as those that may involve substantial risk of physical injury to fellow employees, the employee himself, or the general public, or of damage to property or the environment. Relapse A return to the use of drugs and/or alcohol in violation of this program. Data Management Company A company approved by Thorpe to provide drug and alcohol testing and data management services, in accordance with this Substance Abuse Testing Program.

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