Pepsi-Cola Policy on Alcohol and Drugs

Vertical Screen Inc. Policy on Alcohol and Drugs

Reference: Drug Testing 1 Date Of Issue 3/27/95 Last Revision 2/15/99

Vertical Screen Inc. Policy on Alcohol & Drugs

I. OVERVIEW

Substance abuse has a significant impact on American business, affecting productivity, security, safety, medical insurance and legal costs. Vertical Screen Inc. (VSI) has established this policy to address use and abuse of alcohol and other drugs within Vertical Screen Inc..

State and federal governments have also taken a role to control the adverse effects of drugs and alcohol in the workplace by enacting regulations that govern the way American companies handle these issues. The Department of Transportation (DOT) has issued specific regulations for controlling the use and misuse of alcohol and other drugs by drivers in safety-sensitive functions.

In 1988, Congress passed The Drug Free Workplace Act, which covers all employees of our company. This law specifically requires companies to take an affirmative stance against drug use and the negative effects that drug use causes in the workplace.

II. DRUG FREE WORKPLACE POLICY

VSI's Drug Free Workplace policy applies to all employees of VSI and contractors doing work on the premises and shall be enforced without regard to age, race, sex, religion or position within the company.

The non prescriptive use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on VSI property or work locations, or at any time during working hours is strictly prohibited. For purposes of this policy, work locations include all VSI Company premises and vehicles, as well as customer locations at which employees perform services. Also, prohibited is the use, sale, possession, distribution, dispensation manufacture, or transfer of controlled substances on non-working time to the extent that such impairs an employee's ability to perform his/her job or where such use, sale, possession, distribution, dispensation manufacture, or transfer affects the reputation of VSI with the general public or threatens our integrity. Additionally, no agent, employee or contractor shall report to work while under the influence of controlled substances, including alcohol. Persons violating this policy will be subject to disciplinary action, which may include termination for a first offense.

Employees who are convicted of controlled substances related violations in the workplace under state or federal law or who plead guilty or no contest to such charges must inform VSI within five days of such conviction or plea. Failure to do so will result in disciplinary action, including termination from employment for a first offense. Employees convicted or pleading guilty or no contest to such drug-related violations must successfully complete a drug abuse assistance or similar program as a condition of continued employment or re-employment. III. DOT DRUG/ALCOHOL TESTING REQUIREMENTS

The Department of Transportation (DOT) has enacted regulations that ban the use of alcohol and drugs during the course of duty for employees in "safety-sensitive positions". "Safety-sensitive" for VSI employees is defined as all drivers who possess a Commercial Drivers License (CDL) and who operate a commercial vehicle weighing over 26,001 Lbs., or carry placardable loads of hazardous materials (e.g. 1000 Lbs. of CO2) during Inter and Intrastate commerce. DOT Regulation The DOT prohibits the use of drugs and alcohol during the period of time that a driver is performing safety sensitive functions. A driver is considered to be performing a safety sensitive function under the following conditions. · All time at the VSI facility waiting to be dispatched · All time inspecting equipment as required by the DOT. · All time spent on, or driving a commercial motor vehicle. · All time spent loading, unloading materials and giving or receiving receipts. · All time spent performing the driver requirements associated with an accident.

Prohibited Alcohol and Controlled Substance Related Conduct The following alcohol and controlled substance-related activities are prohibited by the DOT's drug use and alcohol misuse rules for drivers of commercial motor vehicles: · Reporting for duty or remaining on duty to perform safety sensitive functions while having an alcohol concentration of 0.04 or greater. · Any Driver having an alcohol concentration of 0.02 or greater but less than 0.04 shall not perform, nor be permitted to perform, safety-sensitive functions for at least 24 hours · Being on duty or operating a vehicle while the driver possesses alcohol. This includes the possession of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken. · Drivers are not allowed to consume alcohol within 4 (four) hours of reporting prior to duty. · Using alcohol while performing safety-sensitive functions. · When required to take a post-accident alcohol test, using alcohol within eight hours following the accident. · Refusing to submit to an alcohol or controlled substance test required by post-accident, random, for cause, or follow-up testing requirements. · Submitting an adulterated sample constitutes a refusal to submit a sample under the DOT regulations. There will be no split sample allowed in this case and termination will result. · Reporting for duty or remaining on duty when the driver uses any controlled substance, except when instructed by a physician who has advised the driver that the substance does not adversely affect the driver's ability to operate a vehicle. · Reporting for duty or remaining on duty if the driver tests positive for controlled substances. Split Sampling Split Sampling is required for all DOT drug tests. This regulation requires that each urine sample is split into two containers. The first container will be tested by an independent laboratory, under contract to VSI. If this test is positive and confirmed by an independent Medical Review Officer (MRO), the discipline outlined in this document will result, and the employee will be given 72 hours to decide whether he/she wants to have the second container tested at his/her expense at a laboratory of his/her choice. If the employee chooses to have this done, and the second container tests negative, or for any reason cannot be re-tested, the test is considered negative and discipline will retracted.

Alcohol Testing DOT regulation requires alcohol testing in the same instances that drug tests are required (Random, For Cause, Post Accident, Return-to-Duty and Follow-Up testing). The tests will be given by trained Breath Alcohol Technicians (BATs) using Evidentiary Breath Testing Devices (EBTs). A DOT driver who is found to have an alcohol concentration of .02 or greater, but less than .04 shall not be allowed to operate a motor vehicle for 24 hours and will be subject to local disciplinary procedures. If the employee is found to have an alcohol concentration above .04, he/she will be subject to the requirements of a positive drug test as outlined by the VSI Policy

Random Testing All DOT covered employees will be subject to the required random tests for alcohol and drugs. Employees who test positive during a random test will be disqualified from performing their duties and rehabilitation offered providing they have not been through a prior company required rehabilitation process. Otherwise, employees are subject to immediate termination. The DOT requires employers to be randomly tested for alcohol and drugs at the following rates: · The random alcohol testing rate will be 10% of the population per year. · The random drug testing rate is 50% of the DOT population per year. · The confidential random list will be generated at least a quarterly by the company's third party controlled substance administrator.

Pre-Placement Testing (External and Internal candidates) All applicants or existing employees being considered for employment in a job that requires them to have a Commercial Drivers License (CDL) must be drug tested using the split sample method prior to the first time the employee performs the safety sensitive function. · If an applicant tests positive at this time, any employment offer may be revoked. · If a transferring VSI employee tests positive, the transfer will be canceled and the employee is subject to disciplinary action, which may include termination. When a driver is terminated from employment with the company following a positive alcohol test, he/she will be provided with phone numbers of Substance Abuse Professionals who may provide assistance for the employee's condition.

For Cause Testing The For Cause test may be required whenever the Company has reasonable grounds to believe or suspect that violations of the policies concerning use of alcohol and drugs have occurred. Employees who test positive during a For Cause test will be disqualified from performing their duties and subject to immediate termination.. The Company may direct For Cause testing whenever an employee's actions, appearance or conduct are indicative of the use of alcohol or drugs. Reasonable cause to request testing can include, but is not limited to the following:

· Observed behavior which suggest that an employee is under the influence of alcohol or drugs or which indicates that the employee's ability to function is impaired; · Involvement in an accident which leads to injury or property damage where the employees behavior suggests use of alcohol or drugs; · Improper substance use or impairment which is observed by supervisors; · Documented deterioration in work performance and/or attendance which suggest that drug/alcohol abuse is a factor.

DOT Required Post Accident Testing For the purposes of this regulation, an accident is defined as an incident involving a commercial motor vehicle in which there is either a fatality, an injury treated away from the scene, or requires a vehicle to be towed from the scene. Employees who test positive during a Post Accident test are subject to disciplinary action which may include termination. CDL Drivers must be tested for controlled substances as soon as practicable following an accident, but no later than 32 hours for drug testing and within 8 hours for alcohol testing, when either: · A fatality resulted from the accident, regardless of fault for the accident, or · The driver receives a citation under state or local law for a moving traffic violation arising from the accident where any party involved must be treated away from the scene by a medical professional, or any vehicle is required to be towed from the scene. NOTE: Blood alcohol test results taken by a law enforcement official may be used instead of a breath alcohol test.

Return to Duty Testing When a driver is returned to duty after a rehabilitation process, the company will ensure that the employee receives an alcohol and controlled substance test before being reinstated to their previous job. A positive test will result in termination.

Follow up Testing When a driver is returned to duty after a rehabilitation process, the company will ensure that the employee receives random alcohol and controlled substance tests. This process will continue for 2 years after the employees return to work, and the DOT requires at least 6 follow-up tests during the first ensuing 12 months. A positive test will result in termination. Alcohol tests may only be administered immediately before, during or after the driver is performing safety-sensitive functions.

Drug/Alcohol Training Supervisors of DOT covered employees must receive a total of two hours of training covering drug and alcohol awareness. The training must include awareness information, procedural information, and training in determination of reasonable cause for alcohol/drug testing. Employee education consists of giving DOT covered employees printed material describing the DOT alcohol and Drug testing requirements, Company Policy, and the negative effects of alcohol and drugs in the workplace. Technical Resource Guide Drug Testing #6 is intended to meet these requirements. Employees will be expected to sign for this information in accordance with this information. A receipt of educational material form is provided in Drug Testing #6. IV. NON-DOT ALCOHOL AND DRUG TESTING

Employees Not covered under the DOT regulations will be subject to drug testing in situations of Pre- Employment, For Cause, Return to Duty following a Voluntary referral for rehabilitation and follow up testing resulting from same. The drug test process requires only one sample to be provided by the donor. Split sampling is not required for the Non-Dot employee.

Alcohol testing will be required when warranted under For Cause testing.

Pre Placement All applicants being considered for employment in Non-DOT jobs will be screened for drugs, but not alcohol, prior to on-boarding.

For Cause Testing The For Cause test may be required whenever the Company has reasonable grounds to believe or suspect that violations of the policies concerning use of alcohol and drugs have occurred. Employees who test positive during a For Cause test will be disqualified from performing their duties and subject to immediate termination.. The Company may direct For Cause testing whenever an employee's actions, appearance or conduct are indicative of the use of alcohol or drugs. Reasonable cause to request testing can include, but is not limited to the following:

· Observed behavior which suggest that an employee is under the influence of alcohol or drugs or which indicates that the employee's ability to function is impaired; · Involvement in an accident which leads to injury or property damage where the employees behavior suggests use of alcohol or drugs; · Improper substance use or impairment which is observed by supervisors; · Documented deterioration in work performance and/or attendance which suggest that drug/alcohol abuse is a factor.

Return to duty When an employee is returned to duty after a rehabilitation process resulting from a voluntary referral, the company will ensure that the employee receives an alcohol and controlled substance test before being reinstated to his/her previous job. A positive test will result in termination.

Follow up Testing When an employee is returned to duty after a voluntary referral rehabilitation process, the company will ensure that the employee receives random alcohol and controlled substance tests. This process will continue for 2 years after the employees return to work. A positive test will result in termination. V. PROCEDURES FOR DOT AND NON-DOT EMPLOYEES

Failure of an Employee to Cooperate If a supervisor determines that an employee has failed to cooperate with required alcohol/drug testing, the employee will be suspended without pay, pending further investigation and final decision regarding disciplinary action. Termination will occur if an employee refuses to: · Submit to a drug or alcohol test, or sign any related consent forms · Initiate contact with Private Line within 24 hours of notification of findings if requested to do so, or · Fully cooperate with any portion of the policy or rehabilitation program.

Refusal to Submit If an employee fails to submit to testing without a valid medical explanation, or obstructs the testing process, or submits an adulterated specimen, the employee will be suspended without pay, pending a final decision regarding disciplinary action, including termination. The employee ‘s employment with the Company will be terminated if it is finally determined that the employee willfully refused to submit or cooperate with required drug or alcohol testing, refused to sign any document reasonably required in connection with the testing, submitted an adulterated sample or failed to initiate contact with the Company's Employee Assistance Program (Private Line) within 24 hours if requested to do so as a result of alcohol or drug test results, or failed to cooperate or complete and agreed rehabilitation program.

Collection Individuals reporting for testing must present a photo identification and bring with them a Test Requisition/Chain of Custody Form. A strict chain of custody documentation procedure will follow the sample from point of collection to generation of report. This document will contain the signatures of all individuals who have possession of the specimen during this process and will validate the specimen's integrity To preclude sample tampering, checks will be performed during sample collection. Adulteration of, or tampering with a specimen by an employee will result in termination. Laboratory All drug testing will be carried out at a laboratory approved by the National Institute on Drug Abuse (NIDA). Screening will be performed by Enzyme Multiplied Immunoassay Technique (EMIT), with initial positives to be confirmed by Gas Chromatography/Mass Spectrometry (GC/MS). The cut-off levels for Screening and Confirmation of Prohibited Substances covered by this policy are: SCREENING CONFIRM- SCREENING CONFIRMATION DOT ATION NON-DOT Cut-off levels Cut-off levels DRUG CLASS Cut-off Cut-off (ng/ml) (ng/ml) levels(ng/ml) levels(ng/ml) DRUG CLASS 1. Amphetamines (Dexedrine) 1000 500 1. Amphetamines (Dexedrine) 1000 500 2. Cannabinoids (THC, Marijuana) 50 15 2. Barbiturates (Phenobarbitol) 300 200 3. Cocaine (Crack) 300 150 3. Benzodiazepines (Valium) 300 300 4. Opiates (Codeine, Morphine) 2000 2000 4. Cannabinoids (THC, Marijuana) 50 15 5. Phencyclidine (PCP) 25 25 5. Cocaine (Crack) 300 150 6. Methadone 300 300 7. Opiates (Codeine, Morphine) 300 300 8. Phencyclidine (PCP) 25 25

Medical Review Officer (MRO) The MRO will review all positive laboratory results in a confidential manner and determine alternative medical explanations for the positive results. The MRO is a licensed physician who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate positive drug test results. Information on drug test results will be released only to authorized management employee through the MRO once the analytical data has been verified. Employee Assistance Program (EAP) Private Line is the Vertical Screen Inc. EAP. Private Line provides an independent counseling service that is strictly confidential and able to provide assistance 24 hours a day, every day of the year at 1- 800-646-5608. Counseling, referral, rehabilitation and follow up programs are managed through Private Line. Their service is staffed by trained professionals who work with: · Alcohol and Drug Dependency · Family Relationships · Marital Problems · Work-Related Problems · Emotional Problems · Legal Matters · Financial Concerns Drug/Alcohol Rehabilitation VSI has established a rehabilitation program which covers all full and part-time VSI Employees seeking assistance for alcohol/drug problems. Employees who participate in the program may be referred as a result of random testing (DOT only) or on a self referral basis. Employees who are not eligible for VSI's rehabilitation program and are subject to immediate termination, include: · Employees who test positive as a result of a DOT required Post Accident Alcohol/Drug screen. · Employees who test positive as a result of a For Cause Alcohol/Drug Screen (under the influence while on the job). · Employees who test positive for alcohol/drugs at the pre-employment, pre placement phase of the hiring process. · Employees who test positive as a result of a follow-up or random alcohol/drug screen after completing a company required rehabilitation program. · Employees who refuse to fully cooperate with any portion of the policy or rehabilitation program. Drug and Alcohol Consent Form

Having received and read a copy of Vertical Screen Inc.’s (hereinafter the Company) Drug Testing Policy, I understand that:

My employment with the Company will require me to submit to screening for drugs and alcohol as outlined in the Company's Policy and any federal, state, or local regulations on drug/alcohol abuse.

The Company's Medical Review Officer will be authorized to receive drug test results and other medical information as required to interpret these results. The Medical Review Officer is authorized to release these results and information in a confidential manner to appropriate Company Officials.

This releases the Company and all its agents from any claim or causes of actions resulting from the disclosure of these results to the Medical Review Officer or authorized Company Officials. I further agree to waive any physician patient privilege that may otherwise exist with respect to pre-employment physicals and drug testing and understand that this information is to be kept confidential by the Medical Review Officer and the Company.

My failure to comply with the terms and conditions of this Policy may be grounds for disciplinary action up to and including dismissal or denial of employment.

______Witness Signature Date Applicant/Emp. Signature Date

______Witness Printed Name Applicant/Emp. Printed Name

Original to Personnel File