Run: Drug and Alcohol Free Workplace Policy

The purpose of this policy is to promote a safe, productive, and respectful workplace by prohibiting the unlawful use, possession, distribution, sale, or impairment from drugs and alcohol during work time, on company premises, while using company equipment, or while conducting company business. This policy is intended to support workplace safety, protect employees and customers, and establish clear procedures for testing, reasonable suspicion, post-accident response, and discipline.

This policy applies to all employees, temporary workers, interns, contractors, and other individuals performing work for the company, to the extent permitted by law. **California employees:** Any testing, privacy, leave, or discipline practices must be applied consistently with California law, including privacy protections and any applicable state or local restrictions on testing. **Other state-specific carve-outs:** The company will follow any more protective state or local law regarding testing, off-duty conduct, lawful off-duty use, medical marijuana, paid sick leave, or disciplinary procedures.

For purposes of this policy: - **Drugs** include illegal drugs, controlled substances not used as prescribed, and any substance that materially impairs an employee's ability to perform an essential function safely. - **Alcohol** includes beer, wine, liquor, and any product containing alcohol consumed in a manner that causes impairment at work. - **Reasonable suspicion** means specific, contemporaneous observations such as slurred speech, odor of alcohol or drugs, unsteady movement, erratic behavior, or other documented indicators. - **Essential function** means a fundamental job duty of the position. - **Good-faith** means based on objective observations and not on stereotypes, protected characteristics, or retaliation. - **Documented warning** means a written record of policy concerns, observed conduct, or corrective action. - **PIP** means a performance improvement plan used when performance concerns are not solely disciplinary in nature.

Employees must report to work fit for duty and remain free from impairment while on duty, on company premises, in company vehicles, or while representing the company. The following conduct is prohibited to the fullest extent permitted by law: - Possessing, using, selling, manufacturing, distributing, or being under the influence of illegal drugs or alcohol during work time or on company property. - Reporting to work or remaining at work while impaired by drugs, alcohol, or the misuse of prescription or over-the-counter medication. - Refusing a lawful, policy-authorized test or interfering with a test. - Misusing prescription medication, including taking medication not prescribed to the employee or using prescribed medication contrary to instructions in a way that creates safety risk. - Bringing drug paraphernalia onto company property, except as required for lawful medical use and approved through the interactive process where applicable. Nothing in this policy is intended to prohibit lawful, off-duty conduct protected by applicable law, concerted activity protected by NLRA Section 7, or the lawful use of medication that does not impair performance or safety.

The company may require testing where permitted by law and business necessity, including pre-employment, reasonable suspicion, post-accident, return-to-duty, follow-up, or random testing for safety-sensitive roles. **Reasonable suspicion procedure:** 1. A supervisor trained in recognizing impairment will document specific observations before directing the employee to testing, unless immediate safety concerns require urgent action. 2. Whenever practicable, a second manager or HR representative should corroborate the observations. 3. The employee will be removed from safety-sensitive duties and transported home or to a medical facility as appropriate. 4. The company will maintain confidentiality to the extent practicable. **Post-accident procedure:** 1. Following a workplace accident, injury, near miss, or property damage incident, the company will determine whether testing is warranted based on the circumstances and applicable law. 2. The employee may be required to remain available for testing and may be temporarily removed from duty pending investigation. 3. The company will document the incident, witness statements, and any safety concerns. **Testing standards:** - Testing will be conducted by qualified vendors using lawful chain-of-custody procedures. - Positive results may be confirmed before action is taken, where required by law or vendor protocol. - Employees may be asked to disclose lawful prescriptions only to the extent necessary to evaluate fitness for duty or accommodation needs. - The company will not request genetic information and will avoid disability-related inquiries beyond what is job-related and consistent with business necessity under the ADA. **California employees:** Testing and collection practices must be narrowly tailored and consistent with privacy and state law requirements.

Employees who need help with substance use concerns are encouraged to seek assistance before a policy violation occurs. The company may provide access to an Employee Assistance Program (EAP), referral resources, or leave options where available. If an employee requests accommodation related to a disability or treatment, the company will engage in the ADA interactive process to determine whether a reasonable accommodation is available without undue hardship. A reasonable accommodation may include leave, schedule adjustments, or temporary reassignment if the employee can perform the essential functions of the role with accommodation. This policy does not excuse misconduct, performance issues, or safety violations. FMLA leave may be available for a qualifying serious health condition, subject to eligibility and certification requirements.

**Employees** must comply with this policy, report fit for duty, cooperate with lawful testing, and promptly report safety concerns that may affect themselves or others. **Supervisors** must watch for signs of impairment, document observations in good faith, escalate concerns to HR, and remove employees from safety-sensitive duties when necessary. **HR** must coordinate testing, maintain records confidentially, ensure consistent application, and evaluate accommodation requests through the interactive process. **Managers** must avoid assumptions based on protected characteristics under Title VII or disability status under the ADA and must not retaliate against employees for reporting concerns or engaging in protected concerted activity under NLRA Section 7.

Violations of this policy may result in corrective action up to and including termination, subject to applicable law and any collective bargaining agreement. Discipline may include one or more of the following: - Verbal or written warning - Documented warning - Suspension without pay where permitted by law - Mandatory fitness-for-duty evaluation - Referral to an EAP or treatment program - Final warning or PIP for performance-related issues - Termination of employment Refusal to test, tampering with a test, falsifying information, or returning to work impaired after a prior warning may be treated as serious misconduct. The company will apply discipline consistently and in a manner that complies with the FLSA, ADA, EEOC guidance, and any applicable state law.

This policy will be reviewed at least annually and updated as needed to reflect changes in law, operational requirements, testing vendor practices, and safety expectations. The policy holder is responsible for approving revisions, communicating material changes, and ensuring employees receive updated notice and acknowledgement when required.