Drug-Free Workplace Policy

Drug-Free Workplace Act-aligned policy prohibiting the manufacture, distribution, possession, or use of controlled substances during work hours, on company premises, or in company vehicles. Includes alcohol provisions and DOT-regulated testing where applicable.

Purpose

• This policy establishes a drug-free and alcohol-aware workplace to promote safety, productivity, and compliance with the **Drug-Free Workplace Act of 1988** and other applicable federal, state, and local laws. The policy is intended to reduce risks associated with impairment, protect employees and third parties, and define expectations for reporting, testing, and corrective action.

Scope

• This policy applies to all employees, temporary workers, interns, contractors, and other individuals performing work for or on behalf of the company, to the extent permitted by law. It applies during work hours, while on company premises, in company vehicles, and while conducting company business off-site. It also applies to company-sponsored events when employees are representing the company or when safety, performance, or legal compliance may be affected. **California employees:** this policy will be applied in a manner consistent with California law, including protections related to lawful off-duty conduct and applicable privacy and testing requirements. **DOT-regulated roles:** employees in safety-sensitive positions subject to U.S. Department of Transportation rules must also comply with the applicable DOT drug and alcohol testing regulations.

Definitions

• For purposes of this policy: - **Controlled substances** means drugs listed under federal controlled substance laws, including illegal drugs and misuse of prescription medications. - **Impairment** means a condition that adversely affects an employee's judgment, alertness, coordination, or ability to safely and effectively perform an essential function. - **Reasonable suspicion** means specific, observable facts or circumstances that support a good-faith belief that an employee may be impaired or in violation of this policy. - **Company premises** includes offices, worksites, parking areas, storage areas, and any other property controlled by the company. - **Company vehicle** means any vehicle owned, leased, rented, or otherwise controlled by the company. - **DOT-regulated role** means a position subject to federal transportation drug and alcohol testing requirements.

Policy Statement

• Employees are prohibited from: 1. Manufacturing, distributing, dispensing, possessing, selling, purchasing, or using controlled substances on company premises, in company vehicles, or during work time. 2. Reporting to work, remaining at work, or performing company duties while impaired by alcohol, controlled substances, or the misuse of prescription or over-the-counter medication. 3. Using, possessing, or being under the influence of alcohol during work hours, except where alcohol is expressly authorized for a company event and the employee remains fit for duty and compliant with all instructions. 4. Misusing prescription drugs, over-the-counter medications, or other substances in a way that creates safety, performance, or conduct concerns. 5. Refusing to cooperate with a lawful, job-related test or investigation authorized by this policy or required by law. Employees must notify the company if they are taking medication that may affect their ability to perform an essential function safely. The company will engage in the interactive process where required by the ADA and will consider reasonable accommodation when appropriate, without excusing unsafe conduct or violation of safety rules.

Procedure

• The company may implement the following procedures, consistent with applicable law: - **Pre-employment testing:** Applicants for designated roles may be required to complete drug testing as a condition of hire where permitted by law. - **Reasonable suspicion testing:** A trained supervisor or manager may request testing when there are objective signs of impairment, such as odor, slurred speech, unsteady movement, erratic behavior, or unsafe work performance. - **Post-incident testing:** Testing may be required following a workplace incident, accident, or near miss when permitted by law and reasonably related to the event. - **Return-to-duty or follow-up testing:** Employees returning after a policy violation, treatment, or leave may be subject to testing as a condition of continued employment where lawful. - **DOT testing:** Employees in DOT-regulated roles must comply with pre-employment, random, post-accident, reasonable suspicion, return-to-duty, and follow-up testing under the applicable DOT rules. - **Searches and inspections:** To the extent permitted by law, the company may inspect company property, vehicles, lockers, desks, bags, or other work areas when there is a legitimate business reason. - **Reporting obligation:** Employees must promptly report any arrest, conviction, or workplace incident involving controlled substances or alcohol that may affect job performance, safety, or eligibility for a regulated role, to the extent permitted by law. Testing will be conducted by qualified providers using lawful chain-of-custody and confidentiality procedures. Positive results, refusals, adulteration, or tampering may be treated as policy violations.

Roles & Responsibilities

• **Employees** must comply with this policy, report concerns, and perform work free from impairment. **Supervisors and managers** must watch for signs of impairment, document observations in good faith, escalate concerns promptly, and avoid making medical diagnoses. **HR / People Operations** must coordinate testing, maintain records, support the interactive process, and ensure consistent application of the policy. **Safety / Compliance** must oversee DOT-regulated testing and incident response where applicable. **Policy holder** is responsible for approving exceptions, interpreting jurisdiction-specific requirements, and ensuring the policy is reviewed annually.

Compliance, Discipline, and Support

• Violations of this policy may result in corrective action, up to and including removal from the workplace, a documented warning, a performance improvement plan (PIP), suspension, referral to an employee assistance program (EAP), or termination of employment, depending on the severity of the conduct and applicable law. The company may require an employee to leave the workplace if there is a good-faith belief the employee is impaired or poses a safety risk. Time away from work may be unpaid to the extent permitted by the FLSA and other applicable law. Nothing in this policy limits rights protected by the NLRA, including protected concerted activity, or rights under the ADA, FMLA, Title VII, or any applicable state law. **California employees:** discipline and testing practices will be administered consistently with California privacy, wage-and-hour, and off-duty conduct protections. **New York employees:** any whistleblower or retaliation concerns will be handled in accordance with applicable New York law, including NY Labor Law § 740 where relevant.

Review & Revision

• This policy will be reviewed at least annually and updated as needed to reflect changes in law, operational needs, testing protocols, and DOT requirements. Revisions must be approved by the policy holder and communicated to affected employees before implementation when required by law.