Substance Abuse Policy -

Addendum 3

ZERO TOLERANCE – SUBSTANCE ABUSE POLICY

SUBSTANCE ABUSE POLICY

McKinley Paper (“the Company”) is committed to providing a safe and productive work environment for all employees. The safety and health of employees, protection of the environment, quality of our products and financial performance of our company can be directly and adversely affected by the use or abuse of alcohol, drugs or controlled substances. Therefore, our policy is designed to create a drug and alcohol free work place and work force.

The Company’s Substance Abuse Policy is to strictly prohibit:

The use, sale, purchase, transfer, consumption or possession of alcohol, drugs or unauthorized controlled substances while on the job or on company property;
Reporting to work or working under the influence of alcohol, drugs or unauthorized controlled substances; and/or
Having a detectable level of an illegal drug or unauthorized controlled substance present in one’s system.

A violation of this Policy constitutes grounds for disciplinary action up to and including immediate discharge. Any prohibited, illegal or unauthorized controlled substance found on company property may be turned over to appropriate law enforcement authorities.

TYPES OF DRUG AND ALCOHOL TESTING

To carry out the goals of this policy, the Company may do substance abuse testing in the following circumstances:

PRE-EMPLOYMENT – Any offer of employment is contingent and provisional on passing a drug/alcohol test. Failure of the test is immediate grounds for revocation of any offer for employment.

REASONABLE SUSPICION OR CAUSE – The Company may require an employee to submit for testing to determine the presence of alcohol or drugs in the body if the employee’s on-the-job behavior or actions indicate that the employee may be under the influence of drugs or alcohol. This behavior and/or actions may include, but is not limited to, visible signs of possible intoxication or influence of drugs/alcohol and/or abnormal or erratic behavior, as well as possession of suspected illicit or unauthorized drugs and/or alcohol, drug paraphernalia, or when any of these items are found in an area controlled or used exclusively by such employee. The criteria for determination of abnormal or erratic behavior for the purpose of testing will be: “Was the behavior reasonable and what would be expected by another reasonable person?” If the answer is no then the presumption exists for abnormal or erratic behavior and the employee would be subject to testing.

Determination of reasonable suspicion or cause will be made by observation and written documentation using the established formal procedure. When determining if an employee may be tested due to abnormal or erratic behavior, observations will be made by two (2) or more people. Copies of the documentation will be made available to the employee and representative upon request.

POST INCIDENT – If an employee is involved in an incident on the mill site that results in significant injury to themselves or another employee requiring off-site OSHA Recordable Medical Treatment, the Company may require employee(s) to submit for testing to determine the presence of alcohol or drugs in the body. Final determination of the requirement to submit to testing will be made by the Mill Manager or designate.

Any required or appropriate medical treatment will be administered first in all cases. An employee who is seriously injured and cannot provide a specimen for testing is deemed to have given implied consent, as a condition of employment, for the release of relevant medical reports or other documentation that would indicate whether there were drugs or alcohol in the employee’s system at the time of the incident provided the test for presumption of reasonable cause has been met. Refusal to release such information shall be considered a refusal to consent to drug/alcohol testing and will result in termination of employment.

All employees requested to submit for a test based on Reasonable Cause or Post Incident will not be allowed to operate a personal or mill owned motor vehicle. Transportation to the testing facility and home following completion of the testing will be by mill vehicle, taxi or other method of transportation NOT UNDER the direct control of the employee being tested.

If possession of an illegal or controlled substance is reasonably suspected, the Company reserves the right to carry out reasonable searches of employee desks, lockers, work areas and personal belongings.

POST- REHABILITATION – Any employee who returns to work following a drug or alcohol rehabilitation program will be subject to unannounced follow-up drug and alcohol testing for a period of 24 months, as a condition of continued employment. (The 24-month period does not restrict the Company’s right to test during and/or after this period for Reasonable Cause or Post Incident.)

DOT — The Company requires drug and alcohol testing for those employees who are required to undergo such tests due to the Department of Transportation regulations. This includes all aspects of the published DOT regulations including the DOT Cut-Off Limits as well as random testing requirements among others.

III. REFUSAL TO SUBMIT – Refusal to test/submit includes the following: failure to provide a specimen; failure to cooperate with the testing process; failure to provide an adequate specimen (which includes not having a legitimate medical reason preventing adequate urination) submitting an adulterated or substitute specimen or use of an artificial device or prosthesis to submit a sample.

If an employee refuses to test/submit as defined above or refuses to sign the consent form, he or she will be informed that the refusal to test/submit or to sign the consent form will result in termination of employment with the Company.

Any employee who claims to have “shy bladder syndrome” or the inability to produce a urine specimen will be given up to 40 ounces of liquid and allowed to wait no more than three (3) hours at the collection site. Once it becomes apparent the donor is unable or unwilling to produce a specimen, he or she will be advised of the three-hour time limit. At the end of the three hours, his or her specimen will no longer be accepted and he or she will be sent to a doctor chosen by the Company to determine if there are any medical conditions present that would prevent the ability to provide a urine specimen. This examination should be conducted as soon as possible. If no medical condition is found it will be considered a refusal to test and the employee will be terminated.

TESTING PROCEDURES

EMPLOYEE CONSENT. Any employee(s) requested to take a drug screening test will be required to complete and sign the appropriate consent forms before testing takes place. In instances where the employee is seriously injured or hospitalized and cannot provide a specimen for testing and the presumption for reasonable cause has been met, the employee is deemed to have given consent, as a condition of employment, for the release of relevant medical reports or other documentation that would indicate whether there were drugs or alcohol in the employee’s system at the time of the incident. Any individual refusing to sign the consent forms or refusing to be tested will be subject to termination of employment.

The following information regarding drugs and testing procedures are for information purposes. The parties will follow the regulations and procedures for drug testing procedures, lab certifications and other issue as specified in 49 CFR 40 Subparts C through Q, unless otherwise in conflict with this agreement.

DRUGS

Tests will be performed for the following drugs and controlled substances, the possession, or abuse of which is unlawful under Federal, State or Local laws and regulations of the United States.

Cannabinoids

Cocaine Metabolite

Opiates (Codeine, Morphine & Acetylmorphine)

Phencyclidine (PCP)

Amphetamines (amphetamine, methamphetamine and Ecstasy)

The cutoff levels and specific analyte for each drug are:

Initial Test Analyte	Initial Test Cutoff	Confirmatory Test Analyte	Confirmation Test Cutoff
Marijuana metabolites	50 ng/mL	THCA¹	50 ng/mL.
Cocaine metabolites	150 ng/mL	Benzoylecgonine	100 ng/mL.
Opiate metabolites
Codeine/Morphine²	2000 ng/mL	Codeine	2000 ng/mL.
		Morphine	2000 ng/mL.
6–Acetylmorphine³	10 ng/mL	6–Acetylmorphine	10 ng/mL.
Phencyclidine	25 ng/mL	Phencyclidine	25 ng/mL.
AMP/MAMP⁴	500 ng/mL	Amphetamine	250 ng/mL.
		Methamphetamine⁵	250 ng/mL
Ecstasy (MDMA)	500 ng/mL	MDMA⁶	250 ng/mL
		MDA⁷	250 ng/mL
		MDEA⁸	250 ng/mL

NOTES:

¹Delta-9-tetrahydrocannabinol-9-carboxylic acid (THCA).

²Morphine is the target analyte for codeine/morphine testing. Quantitative results required at 15,000 ng/mL or above.

³On a 6-AM confirmed positive result:

(1) When a confirmed positive result is reported and morphine for that specimen is not reported at or above the 2000 per ng/mL confirmed positive cutoff, you must confer with the MRO to determine if there was confirmed morphine below 2000 ng/mL. If morphine was not confirmed below 2000 ng/mL, you and the MRO must determine whether further testing is needed to quantify the amount of morphine concentration present. If you find no detectable morphine at LOD upon further testing, you must report that fact to ODAPC immediately.

⁴Methamphetamine is the target analyte for amphetamine/methamphetamine testing.

⁵To be reported positive for methamphetamine, a specimen must also contain amphetamine at a concentration equal to or greater than 100 ng/mL.

⁶Methylenedioxymethamphetamine (MDMA).

⁷Methylenedioxyamphetamine (MDA).

⁸Methylenedioxyethylamphetamine (MDEA).

Specimens containing the drug at a value less than the initial test cutoff concentration are reported as Negative. Specimens that give a positive initial test are taken to a second (confirmation) test. Gas Chromatography- Mass Spectrometry (GC-MS) is a quantitative test that determines the presence or absence of the drug and, if present, at what levels. If a drug is determined to be present at a level equal to or exceeds the confirmation cutoff concentration, it is reported as Positive.

The Company and Union will review and update the list of substances tested from time to time to ensure the list reflects current society issues with substance abuse and recent law enforcement activities.

ALCOHOL

In cases where the appropriate test is for alcohol, testing will be completed using an Evidential Breath Measurement Device. The cutoff level for alcohol will be 0.06% or less unless specified differently by Federal or State Regulation or Law.

CONFIDENTIALITY

All aspects of the testing procedure will be carried out in a confidential and private manner. Access to such information is limited to those who have a legitimate need to know.

TESTING PROTOCOLS AND CONSEQUENCES

The employee will be escorted to the collection site and follow the established procedure for collection of samples:

A drug testing custody and control form will be completed.
A urine sample will be provided in privacy for drug testing while a breathalyzer test protocol will be used for alcohol testing.
The employee and Union Representative will be able to observe the entire collection, processing and chain of custody procedure of the specimen.
The employee will be instructed to read, sign and date the chain of custody statement certifying the specimen is that individual’s and has not been changed or altered at the time of collection.
The employee may note the temperature reading on the collection bottle and verify the temperature reading was correctly recorded on the form.

The actual testing of the specimen will be done by a laboratory approved by the Substance Abuse and mental Health Services Administration (SAMHSA).

The selected lab will use a two phase process. In the first phase, the specimen is screened for the presence of illegal or controlled substances. If the test is positive, a second, more sensitive test using gas chromatography/mass spectrometry will be used.

When Your Test is Negative

Your local program manager will be notified when your test is negative. At the time the specimen is procured you may elect to receive a written report of the test result.

When Your Test is Positive

When a test is positive, final determination will not be made until Medical Review Officer (MRO) has discussed the test result with the employee. A presumptive positive test may result, for example, when an employee has taken a legally prescribed medication under the care of a licensed physician. When this is confirmed to the MRO, a negative test will be reported in the written record.

When there is not an acceptable explanation for the positive test, it will be confirmed as positive by the MRO. The employee may make an appeal to have the specimen re-tested at his or her own expense. This appeal must be made in writing to the MRO within two weeks. This second testing is considered final. Should this appealed test result be negative, the employee will be reimbursed and notified in writing, and the final test result will be recorded as negative.

Immediate and unpaid suspension of the employee. A meeting will be arranged between the employee and a representative of the EAP program.
This is a “zero tolerance” policy, pursuant to which the Company has the right to terminate any employee who tests positive. If the Company chooses in its discretion to not terminate an employee, it can, in its discretion, follow the rehabilitation steps outlined below.
If the Company offers, and the employee agrees, as part of the opportunity to rehabilitate and return to work, the employee will actively participate and follow through on the recommended action plan in a timely manner. The employee further agrees that they will be honest and truthful in all activities covered under or recommended as part of the rehabilitation treatment.
The Company agrees that it will follow and participate to the extent required by the treatment program as specified by the medical provider in a timely manner.
The employee signs a release form authorizing the EAP to inform the Company regarding participation in and the progress of treatment.
The employee may return to work under a last chance agreement after completing a negative test, enrolling and progressing in rehabilitation and on the recommendation of the EAP or treatment professional.
The employee agrees to unannounced, periodic testing for two years following return to work. This will include a minimum of six tests, at the discretion of local management, over a 24 month period of time following return to work.
Failure to complete the recommended rehabilitation treatment is grounds for continued and additional discipline up to and including termination of employment.

TREATMENT

The Company offers employees and family members professional help for assessing substance abuse related problems through the Employee Assistance Program. Rehabilitation is offered through the company medical benefits program. These are programs through which rehabilitation from substance abuse will be structured and offered. The employee is responsible for non-covered costs. We strongly encourage any employee or family member to take advantage of the EAP for confidential counseling and treatment or rehabilitation assistance.

Self ReferRal

For assistance in addressing a substance abuse concern, employees are encouraged to voluntarily refer themselves to any member of management. An employee who self-refers into an inpatient drug treatment program will be placed on leave and would not be subject to drug testing during that period of time. The employee must cooperate and comply with any conditions of the prescribed rehabilitation program or will be subject to immediate discipline up to and including discharge of employment.

An employee entering into a Self-Referral Rehabilitation status will be permitted to use any paid and/or unpaid leave which the individual may have available. If the employee enters into an outpatient treatment program and continues to work they would be subject to testing should they be selected for reasonable suspicion or cause.

Self-referral by an employee must be requested prior to notification to that employee of being selected for reasonable cause testing.

SECOND POSITIVE TEST

If the Company has elected to allow an employee who tested positive to undergo rehabilitation in lieu of termination, An employee who tests positive a second time will be immediately terminated.

An employee who is the subject of a drug test shall, upon written request, have access to his or her drug or alcohol test results.

Definitions

“Controlled substance” means any substance as a controlled substance by any Federal or state law. Examples include codeine, vicodin, morphine and dilaudid.

“Illegal drug” means any drug that is not legally obtainable, or which is legally obtainable but has not been legally obtained. The term also includes prescribed drugs not legally obtained and prescribed drugs not being used for prescribed purposes. It also includes marijuana.

“Under the influence” means that the employee is affected by a drug or alcohol or the combination of a drug and alcohol in any detectable manner.