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FITNESS FOR DUTY POLICY

Drugs and Alcohol

I. POLICY

II. DEFINITIONS

The following definitions pertain to this policy:

III. TESTING FOR DRUGS AND ALCOHOL.

A. Applicants. An Applicant seeking employment with the Company as a Salaried Employee will be asked to take a pre-employment Fitness for Duty Test. Such test is voluntary, but refusal to take the test will mean that the Applicant has voluntarily withdrawn his/her application for employment. An Applicant who takes the test and the test reveals Intoxicants at or above the Stipulated Minimum Levels shall not be extended an offer of employment. An Applicant who tested positive may reapply after 1 year. In lieu of a fixed time period, an Applicant may reapply after demonstrating that he/she has successfully (in the Company's opinion) undergone treatment for a dependency problem.

B. Employees. Employees who are asked to take Fitness for Duty Tests under the circumstances below and agree to do so will be required to sign the Consent form attached to the back of this policy prior to taking the test.

1. Incident Testing: All Employees involved in an Incident will be asked to take a Fitness for Duty Test immediately after, but in no event more than 24 hours after, the occurrence of the Incident. Such test is voluntary, but failure to take the test will result in disciplinary action, up to and including termination.

2. Sensitive Job Testing: All Employees involved in Sensitive Jobs will be asked to take a Fitness for Duty Test on a regular basis (once every 6 months) at unannounced times and places. Such test is voluntary, but failure to take the test will result in disciplinary action, up to and including termination.

3. Reasonable Suspicion Testing: All Employees will be asked to take a Fitness for Duty Test immediately after, but in no event more than 24 hours after, an instance of Reasonable Suspicion has been documented. Such test is voluntary, but failure to take the test will result in disciplinary action, up to and including termination.

C. Verification. All tests which show a positive level of Intoxicant will be confirmed by retesting of the specimen using a technique known as gas chromatography/mass spectrometry (GS/MS). If the retest reveals levels of Intoxicants beyond Stipulated Minimum Levels (a positive result), the Applicant or Employee may rebut a positive test result with an additional test showing a negative result. The additional test must have been performed within 24 hours of the Applicant/Employee being notified by the Company of the positive result from the initial Fitness for Duty Test. The additional test must be at a lab approved by the Company and shall be performed at the Applicant's or Employee's own cost. If the Company is satisfied that the initial test was in error, the Company may accept the negative result. Efforts will be made to keep all test results strictly confidential.

D. Medication/Prescription Drugs/Physician's Care. All Employees are requested to notify their Supervisors of their use of prescription or over-the-counter drugs which may impair their performance. The attached Prescription Drug Form shall be used for such purpose. Prior to or after submitting to a Fitness for Duty Test, an Employee may voluntarily provide the Company with documentation confirmed by a physician indicating that there exists the potential for a positive result from the Fitness for Duty Test as a result of the person ingesting medication or prescription drugs as directed by his/her physician. If such evidence is presented to and accepted by the Company (along with the Employee's written Consent for the physician to discuss all pertinent aspects of the Employee's treatment with the Company), a positive test result will not result in the disciplinary measures set forth in this policy unless Intoxicant levels indicate dosage in an amount in excess of that prescribed. Even if the Employee has not exceeded recommended dosage, the Company may require the Employee to be placed on leave or reassigned if the Company believes use of such prescription drugs will cause the Employee to be impaired. Efforts will be made to keep any information or documentation provided pursuant to this paragraph strictly confidential.

IV. DISCIPLINARY RULES

A. Disciplinary Rules for Certain Violations Other Than a Positive Fitness for Duty Test.

1. Sale, transfer, manufacture or distribution of an Intoxicant while on Company property or jobsites will result in immediate termination subject to the Appeal Process described in Section 4 below.

2. Criminal conviction based upon (a) sale, transfer, distribution, or possession with the intent to distribute Intoxicants or (b) manufacture of Intoxicants will result in immediate termination, subject to the Appeal Process described in Section 4 below. The Employee must notify the Company of a conviction under any criminal drug statute for a violation occurring in the workplace within five (5) days of the conviction. The Company has a legal obligation to notify within ten (10) days the contracting agency on a Federal Government project of any such conviction.

3. Possession of an Intoxicant (excluding prescription or over-the-counter drugs) while on Company property or jobsites;

a. For Salaried Employees: 5 day suspension without pay. EAP referral.

b. For Field Employees: Termination. EAP referral.

4. Any disciplinary action taken in accordance with this Section IV of this policy may be appealed. An Appeal Board, made up of three persons, will hear the appeal. (In each case, the Appeal Board will consist of an Employee from the Employee category to which the appealing Employee belongs (Field or Salaried), a Company Representative, and a ABC Benefits Department Representative). The appealing Employee must give the Appeal Board notice of the Appeal no more than 15 days after disciplinary action is taken. The Appeal Board will consider all information presented to it and will make a final and binding determination. If the Appeal Board decides disciplinary action was unwarranted, it shall recommend reinstatement and back pay, if appropriate. Decisions by the Appeal Board shall be by a majority vote of the Board and are final.

B. Disciplinary Rules for Positive Test Results from a Fitness for Duty Test.

1. Salaried Employees.

a. For a positive result from a Fitness for Duty Test by a Salaried Employee (in addition to the rules set forth in Paragraph A) the following steps will be taken:

(1) A Salaried Employee shall be placed on leave and will be allowed to return to duty at such time and under such conditions as the Company and/or the EAP Counselor agrees is advisable.

(2) A Salaried Employee placed on leave will have 5 working days from notification of disciplinary action to elect to consult with the EAP Counselor and enter into a program recommended by the EAP Counselor. If the Salaried Employee decides not to consult with the EAP Counselor during this period, or after consultation elects not to seek treatment, the Employee shall be subject to disciplinary action for violating this policy, up to and including termination, subject to the Appeal Process described in Section A.4 above.

(3) A Salaried Employee will be subject to random Fitness for Duty Testing for a period of three (3) years after return to regular duty. Failure to agree to such testing shall subject the Employee to disciplinary action, up to and including termination, subject to the Appeal Process described in Section A.4 above. Testing will be conducted in accordance with the recommendation of the EAP.

(4) If a Salaried Employee does not complete the recommended program, or fails one or more random screens, the EAP Counselor in conjunction with the Company will review the case for appropriate recommendation and action, which may include termination, subject to the Appeal Process set forth in Section A.4 above.

(5) Successful completion of an EAP may require that the Salaried Employee enter into and abide by an "After-Care" contract drafted by the EAP Counselor in conjunction with the EAP Coordinator and/or Supervisor. Breach of such EAP After-Care contract by the Salaried Employee within 3 years of successful completion of the EAP will result in disciplinary action, up to and including termination, subject to the Appeal Process set forth in Section A.4 above.

b. A second positive test result from a Fitness for Duty Test within a three (3) year period will result in disciplinary action, up to and including termination, subject to the Appeal Process described in Section 5 above.

2. Field Employees.

For a positive result from a Fitness for Duty Test:

a. immediate termination subject to the Appeal Process described in Section A.4 above.

b. upon presentation to the Company of evidence of successful completion (in the Company's opinion) of a rehabilitation program, the Field Employee will be eligible for rehire by the Company.

c. The above mentioned procedures may be modified to the extent collective bargaining agreements applicable to Field Employees represented by Unions are inconsistent with this policy.

V. EMPLOYEE ASSISTANCE PROGRAM

A. Description of EAP.

The Company has retained the services of an EAP to assist in carrying out this policy and to help Employees with chemical dependency problems. Efforts will be made to keep discussions and interactions between the EAP and an Employee strictly confidential. The specific functions of the EAP are as follows:

1. The EAP Counselor (working with the Coordinator and/or Supervisor if there was a referral to the EAP) will identify and assess the Employee's problem, taking into consideration the Employee's psychological history and current job duties and responsibilities.

2. The EAP Counselor will evaluate the most appropriate form of treatment available for the Employee, taking into consideration the Employee's needs, health plan coverage and current job duties and responsibilities. Treatment may consist of short term counseling by the EAP Counselor, referral to outside treatment facilities or hospitalization.

3. The EAP may enter into an agreement with the Employee which specifies the Employee's obligations throughout the treatment period (e.g. frequent Fitness for Duty Tests, attendance at treatment sessions).

4. The EAP Counselor will document and keep track of the Employee's progress and, in the case of Salaried Employees who were referred, stay in contact with the Salaried Employee's Supervisor and/or the Coordinator.

5. When the Employee fulfills the EAP recommended program, the EAP Counselor will recommend follow-up treatment and may prepare an "After-Care" contract (with Company assistance in the case of Salaried Employees who were referred) setting forth the Employee's continuing obligations.

B. Status of Employment; Benefits.

While a Salaried Employee or a Field Employee is undergoing treatment supervised by the EAP, his/her employment may be conditional, depending on circumstances. Conditional employment is within the Company's discretion and EAP recommendation. Compensation and benefits will be treated as if EAP participation is a disability. Field Employees represented by a Union should refer to their representatives to determine benefit eligibility.

VI. SUBCONTRACTORS AND INVITEES

A. Applicability of Policy.

Entry onto Company property or jobsites constitutes a recognition of the obligation of a subcontractor or invitee to apply this policy or a substantially similar policy to their subcontractors, agents, representatives and employees.

B. Violation.

If a subcontractor or invitee is not enforcing this policy or a substantially similar policy, he/she will not be allowed on Company property or jobsites. Any resulting damage (including damage for delay) will be borne by the subcontractor or invitee.

VII. COMPANY-SPONSORED EVENTS.