Run: Drug Testing Policy

The purpose of this policy is to promote a safe, productive, and drug-free workplace by establishing clear rules for drug and alcohol testing. This policy is intended to support workplace safety, protect employees and the public, and ensure compliance with applicable federal, state, and local laws, including the Drug-Free Workplace Act of 1988, the ADA, Title VII, the FLSA, and DOT testing requirements where applicable.

This policy applies to all employees, applicants, interns, temporary workers, and contractors where permitted by law. Additional requirements apply to employees in safety-sensitive positions and to employees subject to DOT-regulated testing. **California employees:** testing practices must be administered in a manner consistent with California law, including privacy and off-duty conduct protections where applicable. **Other state-specific overlays:** the Company will follow any stricter state or local law governing notice, consent, testing methods, marijuana-related protections, or disciplinary action.

For purposes of this policy, the following terms apply: - **Drug test**: A test for controlled substances or other substances prohibited by this policy. - **Alcohol test**: A test used to determine the presence or level of alcohol in an employee's system. - **Good-faith reasonable suspicion**: A belief supported by observable facts, not rumor or stereotype. - **Essential function**: A fundamental job duty of a position, as defined under the ADA. - **Interactive process**: A timely, individualized discussion to determine whether a reasonable accommodation is available for a qualified employee with a disability.

Employees must not report to work, remain at work, or perform Company business while impaired by alcohol, illegal drugs, or the misuse of prescription or over-the-counter medications. The Company may require drug and alcohol testing in the following circumstances, to the extent permitted by law: 1. **Pre-employment testing** for applicants who receive a conditional offer of employment. 2. **Random testing** for employees in safety-sensitive or DOT-regulated positions, or other positions where permitted by law. 3. **Reasonable suspicion testing** when trained management personnel observe signs of impairment. 4. **Post-accident testing** following a workplace accident, injury, or incident as defined by law or Company procedure. 5. **Return-to-duty or follow-up testing** when required by DOT rules, a last-chance agreement, or a documented rehabilitation plan. The Company will not use testing in a manner that unlawfully discriminates against applicants or employees, and will consider reasonable accommodation obligations under the ADA through the interactive process when appropriate.

The Company will administer testing using a qualified laboratory, collection site, and Medical Review Officer (MRO) or equivalent review process where required. - **Pre-employment testing:** Applicants may be required to complete testing after a conditional offer and before start date. - **Random testing:** Selection will be conducted using a neutral, objective method where required by law or policy. - **Reasonable suspicion testing:** The observing supervisor or manager must document specific behaviors, appearance, speech, odor, or performance concerns and consult HR before directing testing whenever practicable. - **Post-accident testing:** Testing may be required after an accident involving injury, property damage, or safety risk, consistent with applicable law and internal incident reporting procedures. - **DOT-regulated testing:** Covered employees will be tested in accordance with applicable DOT rules, including pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow-up testing as required. Employees must cooperate with testing requests, provide accurate identification, and remain available for collection procedures. Refusal to test, adulteration, substitution, or tampering may be treated as a policy violation.

Employees must notify HR or the designated contact if they are using prescription or over-the-counter medication that may affect safety or their ability to perform essential functions. Employees should not disclose unrelated medical information beyond what is necessary for assessment. The Company will evaluate accommodation requests through the interactive process when a medical condition may be involved. Nothing in this policy requires the Company to permit impairment at work, excuse unsafe conduct, or waive DOT requirements. Where state law provides protections for lawful off-duty cannabis use or other substances, the Company will apply those protections to the extent required by law, while maintaining safety-sensitive and federally regulated testing obligations.

Testing information, results, and related medical documentation will be maintained as confidential personnel or medical records, stored separately from general personnel files to the extent required by law. Access will be limited to HR, safety, legal, management personnel with a business need to know, and external vendors involved in testing administration. The Company will handle personal data in accordance with applicable privacy laws, including state privacy requirements and, where applicable, GDPR or CCPA obligations. Test records will be retained only as long as required by law, contract, or legitimate business need.

Violations of this policy may result in corrective action up to and including removal from the hiring process, suspension, mandatory referral to an Employee Assistance Program (EAP), a documented warning, a Performance Improvement Plan (PIP), final warning, or termination of employment, depending on the circumstances and applicable law. For DOT-regulated employees, consequences will be administered in accordance with DOT rules and any required return-to-duty process. The Company may also remove an employee from duty pending investigation or test results where safety concerns exist.

**HR / Compliance:** administer the policy, coordinate vendors, maintain records, and ensure legal compliance. **Managers / Supervisors:** identify and document reasonable suspicion indicators, escalate concerns promptly, and avoid making medical diagnoses. **Employees:** comply with testing requests, report safety concerns, and disclose work-related medication issues when they may affect safe performance. **Medical Review Officer / Testing Vendor:** conduct specimen collection, review results, and report verified outcomes as required. **Policy holder:** the HR Director or designated Compliance Officer is responsible for approving exceptions, coordinating updates, and ensuring annual review.

The Company will enforce this policy in a manner consistent with the NLRA, Title VII, the ADA, FMLA, FLSA, OSHA's General Duty Clause, and applicable state law. Employees may raise concerns about safety, testing procedures, or accommodations without retaliation. Nothing in this policy prohibits protected concerted activity under Section 7 of the NLRA, lawful leave rights under the FMLA, or legally protected whistleblowing. Any discipline will be based on documented facts, applied consistently, and reviewed for legal compliance before final action.

This policy will be reviewed at least annually and updated as needed to reflect changes in federal, state, and local law, DOT requirements, testing vendor practices, and Company operations. Revisions must be approved by the policy holder, HR, and legal counsel where appropriate.