Fannett-Metal Fire & Ambulance

DRUG AND ALCOHOL-FREE WORKPLACE

Statement of Intention

It is the intent of the Fannett Metal Fire Company to promote a safe, healthy and productive work environment, including the avoidance of the detrimental effects of drug and alcohol on the job. It is the objective of the Company to have a work force free from the influence of controlled substances, illegal drugs, and alcohol during work status and at all times while on Company premises or otherwise on Company business. This includes on or off premises activities, and all property, facilities, land, buildings, structure, and vehicles, whether owned, leased or used by the Company.

Prohibited Acts and Exceptions

It is generally impermissible to be under the influence of, or to possess, use, sell, manufacture, purchase, distribute, transfer, or have, in his or her system, illegal drugs, alcohol or controlled substances² that meet or exceed the cut-off levels defined below, or abuse prescribed or over-the-counter medications while on Company premises or otherwise on Company business.

Specifically, the following behaviors, although not an all-inclusive list, are prohibited:

1) Possession, sale, manufacture, use or reporting for work under the influence of any illegal drug;

2) Reporting for work within 8 hours of consumption of any alcoholic or non-alcoholic (near beer) beverage;

3) Operation of any piece of Company equipment within 8 hours of consuming any alcoholic or non-alcoholic (near beer) beverage;

4) Acting in any command or supervisory role within 8 hours of consuming any alcoholic or non-alcoholic (near beer) beverage;

5) Riding on any piece of Company equipment within 8 hours of consuming any alcoholic or non-alcoholic (near beer) beverage;

6) Having any contact with a patient during an emergency response within 8 hours of consuming any alcoholic or non-alcoholic (near beer) beverage; and

7) Reporting for duty under the influence of any prescription or over-the-counter medication which presents a direct threat to workplace safety without prior notice to and permission of Company officials.

An exception shall be made to the prohibition against consuming alcoholic or non-alcoholic (near beer) beverages on Company property (#1) where:

1) The member is participating in a social event solely as a member of the community and not in an official capacity as a Company member; or

2) During the clean-up efforts following an event at the event location, or

3) Events that are given an exemption by the board of directors.

While members will be permitted to consume alcoholic and non-alcoholic (near beer) beverages during these periods, all other prohibitions of this policy (#2-7) will continue to apply.

Drug and/or Alcohol Testing

The Company shall require an individual to submit to a drug and/or alcohol test when the Company has reasonable suspicion to believe that the individual has violated the drug and/or alcohol prohibitions. The decision to test for reasonable suspicion must be based on specific, contemporaneous observations concerning the appearance, behavior, speech, and/or body odors of the individual.

Examples of behavior and performance which provide reasonable cause include, but are not limited to:

1. Excessive, frequent absenteeism, including full or part day absences, tardiness, unscheduled breaks, extended breaks, or repeated absence from the assigned work area;

2. A poor or suspicious work-related accident record, including type, frequency, or severity of accidents;

3. Abnormal or suspicious behavior while at work, including staggering or erratic movements;

4. Abnormal or suspicious appearance, such as glassy eyes, slurred speech, or disheveled appearances;

5. Alcohol or other suspicious odors on an individual’s breath, person, clothes or property;

6. Presence of pills, powder or other unknown substances on, in, around or under the control of an individual which cannot be explained by the lawful, medically prescribed use by said individual;

7. Inability to perform, or difficulty in performing, routine tasks;

8. Poor overall employment record, including attendance, discipline or accidents;

9. Involvement in the use, unauthorized possession, misappropriation, or unauthorized delivery of a drug or alcohol while on duty or on Company property without authenticated medical documentation or reasonable explanation; or

10. Other evidence or information considered by Company to be a reasonable basis to require a drug and/or alcohol screening test, including, for instance, concern registered by a supervisor, manager, or other reliable source, such as an airport security person or airport visitor, or a drug or alcohol-related arrest.

Reporting

Members who observe the above-noted behavior in a fellow member are required to report same to the officer in charge of the scene, training, or station at the time of said behavior. These reports must be made at the time of observation; delays in reporting could impair the Company’s ability to investigate the possible policy violation, thereby impairing the safety of everyone. Members who are aware of suspicious behavior under this policy but who do not timely report same may be subject to discipline, up to and including removal from the Company.

The member accused of violating this policy will be requested to report to the officer in charge at a time not to interfere with the safe operation of the scene. In an addition, if a board member is present at the time, he/she will be requested to report to the officer in charge to assist in the investigation. In the absence of a board member, a second officer will be asked to report to the officer in charge to help verify or refute the accusation.

The member being accused will be notified of the accusation and given the opportunity to either accept or deny charge brought forth. Any member who admits to violating the above policy will be placed on immediate suspension from all Company activities at least until the required 8 hours have elapsed. Additional discipline may by imposed at the discretion of the board for a first offense, but any subsequent offense (whether admitted to or not) will follow the disciplinary steps outlined below.

If the accused member denies the accusation but his/her actions indicate to the individuals investigating the allegation that a reasonable suspicion of a policy violation exists notwithstanding the denial, the member will be required to submit to an immediate drug and/or alcohol test, at no cost to the member, to resolve the matter. Pending the results of the test, which may be conducted utilizing breath, blood or urine, the member will be placed on suspension. Transportation to the testing facility will be provided by the Company.

If not otherwise present at the scene, training or station, the President shall be notified of the incident as soon as reasonably practicable. A special board meeting may be requested following the receipt of information obtained through the individual or the drug/alcohol test, at which the matter will be discussed in executive session.

Intoxication Levels

The following are current DHHS minimum standards used to determine what levels of detected substances shall be considered as positive for the presence of drugs and alcohol:

SUBSTANCE SCREENING TEST CONFIRMATIONAmphetamine 1,000 ng/ml

Amphetamine 500 ng/ml

Methamphetamine 500 ng/ml

Cocaine Metabolite 300 ng/ml 150 ng/ml

Opiates 2,000 ng/ml

Morphine 2,000 ng/ml

Codeine 2,000 ng/ml

Phencyclidine 25 ng/ml 25 ng/ml

Marijuana Metabolite 50 ng/ml 15 ng/ml

Alcohol (EBT) 0.04 0.04

These standards will be automatically adjusted to mirror changes in DHHS minimum standards.

Discipline

Members who have tested positive in the required drug/alcohol test, and/or who refuse to submit to testing will be disciplined as follows:

For a non-driving/non-command violation

First offense will result in a suspension of 60 days. Second offense will result in suspension of 6 months and the loss of office if one is held. A third violation will require at least a 1 year of suspension, but may also result in the member’s removal from the Company in accordance with the procedures set forth in the Company’s Constitution and Bylaws.

For a driving/command violation

First offense will result in a 1 year suspension and loss of office, but may also result in the member’s removal from the Company in accordance with the procedures set forth in the Company’s Constitution and Bylaws.

Refusal means that a member:

- Fails to promptly provide adequate breath for alcohol testing or an adequate specimen for controlled substances testing, as outlined in 49 CFR Part 40, without a valid medical explanation; or

- Engages in any conduct that obstructs or hinders the testing process.

Policy written by:

Thomas, Thomas, & Hafer LLP Attorney At Law

Crystal H. Clark, Partner

Adopted April 7, 2011 by the Fannett-Metal Fire & Ambulance Company Inc. Board of Directors

2 The phrase “controlled substances” or “illegal drugs” as used in this policy includes all substances listed in the Controlled Substances Act and its implementing regulations found at 21 USC 812; 21 CFR 1803.11-1308.15 and includes, but is not limited to, marijuana, cocaine, amphetamines, opiates and phencyclidine (PCP), as well as the abuse of controlled substances used for medicinal purposes without a prescription.

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