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Drug and alcohol policy

14397 E Geronimo Rd, Scottsdale, AZ 85259

Effective (Date)

It is the policy of ZO Enterprises LLC ("the Company/Employer") that all of our drivers are free of substance 270 2lcohol abuse. The company is committed to providing a safe workplace for its employees. The company is also comited to placing safe, professional drivers in its vehicles. The company has a legal obligation and an ethical obligation to ensure a drug and alcohol-free transportation environment and to reduce accidents, injuries and fatalities.

Designated Employer Representative:

The Designated Employer Representative for providing information on the company controlled substance program is

ZO Enterprises LLC . All questions reference our company controlled substance program should be directed to him/her. Nevena Sofkina Phone # 480-550-7922

Applicability:
This policy applies to any person who operates a commerciai motor vehicle as defined in 382.107. This includes, but is not limited to: Full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner operator contractors who are either directly employed by or under lease to an employer or who operate a commercial motor vehicle at ine direction of or with the consent of the employer.

Ali drivers meeting this deâinition will be required to submit to alcohol and controlled substances testing in accordance with this policy.

Safety Sensitive Functions:
Drivers are considered to be performing safety sensitive functions during any period in which they are actually performing: ready to perform, or immediately available to perform as a driver of a commercial motor vehicle. These functions are further described as:
1) All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispaiched, unless the driver has been relieved from duty by the employer; 2) Al time inspecting equipment as required by $$392.7 and 392.8 of this subchapter or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time:
3) All time spent at the driving controls cía commercial motor vehicle in operation;
4) Al time, other than driving time, in or upor any commercial moior vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of 393.76 of this subchapter);
5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded o unloaded; and 6; A time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle

Prohibited Conduct:
The following shall be considered "prohibited conduci" for purposes of this policy:
Ø No driver shall report for duty or remain on duty while having an aicokoi concentration of 0.04 or greater.
Ø No driver shall be on duty or operate a comercial motor vehicle while the driver possesses alcohol uniess the is manifested and transported as part of a shipment.
Ø No driver shall use alcohol while performing safety-sensitive functions.
Ø No driver shall perform safety-sensitive functions within four (4) hours after using alcohol.
Ø No driver required to take a post-accident alcohol test saail use alcohol for eighi (8) hours following the accident or until he or she undergoes a post-accident alcohol test, whichever occurs first. Ø No driver shall refuse to submit to a DOT-required drug or alcohol test.
Ø No driver shall report for duty or remain on duty when the driver uses any controlled substance, except when use is pur suant to the instructions of a licensed medical praciitioner who has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle. D No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive or has aduiterated or substituted a test specimen for controlled substances.
Ø No driver shall refuse to test under conditions outlined in Part 40 or Part 382. For the purposes of this subpart, an Employer can obtain actual knowledge that a driver has used alcohol or controlled substances based on the Employer's direct observaiion of the driver, information provided by the driver's previous Employer(s), a traffic citation for driving a CVV while under the influence oí alcohol or controlled substances or a driver's admission of alcohol or controlled sub stances use, except when done according to a written employer-established voluntary self-identification program or policy which meets FMCSA requirements. Direct observation as used in this definition means observation of alcohol or controlled substances use and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under Section 382.307.

Consequences of Policy Violation:
Any driver who becomes unqualified or engages in prohibited conduct as set forth herein will be removed immediately from all safety-sensitive functions and will be provided a listing of Substance Abuse Professionals (SAP's). The SAP is required to assess and offer an appropriate educational and/or treatment program as per 49 CFR Part 40.291.

Employer's Option: It is the employer's option that the cost ofany SAP evaluation or prescribed treatment shall be borne by the driver. It is also the employer's option that a violation of these "Prohibited Conduct" provisions will result in disciplinary action up to and including termination.

Refusal to Test:
A refusal to test is defined as conduct that would obstruct the proper adninistration of a test. Option: Refusal to submit to the types of drug and alcohol tests employed by the Employer will be grounds for refusal to hire driver/applicants and to terminate employment of existing drivers.

Se admission Program:
If a driver voluntarily admits to alcohol misuse or drug use, he/she wil not be subject to the referral, evaluation and treatment requirements of Parts 40 & 382 provided that:

1) The driver's admission is in accordance win the written Empioyer-established Voluntary Self-identification Program or policy;
2) The driver cia not make the admission in order to avoiá cesting;
3) The driver must make the admission before períorming a safety-sensitive ínction; and
4) The driver must not perform a safety-sensitive function until The Employer is satisfied that he/she has been evaluated and has successfully completed education or treatment requirements in accordance with the self-identification program guide lines.

Option: If the Employer has an established "self admission program or policy, no adverse. Action can be taken against the driver for making a voluntary admission of alcohol misuse or drug use when the driver acts within the parameters of the established program or policy.

Types of Testing:
The following alcohol and controlled substance tests will be performed. In order for the driver to be allowed to perform safety sensitive functions, a negative result for controlled substances and an alcohol concentration of less than 0.02 will be necessary (a concentration between 0.02 and 0.039 will result in a 24 hour disqualification. A concentration of 0.04 will result in a positive test).

A. Pre-employment - administered prior to a driver performing safety sensitive functions for the first time for an employer. (Controlled substances testing only unless the employer chooses to conduct pre-employment alcohol testing for a new driver/applicant.)

B. Post-accident - administered as soon as practicable following an accident involving a commercial motor vehicle, if there is a fatality, OR if the driver is cited for a moving traffic violation arising from the accident AND any party involved in the accident requires immediate medical treatment for an injury away from the accident scene, OR any vehicle involved in the accident incurs "Disabling damage" (i.e. must be towed from the scene). Any time a post-accident drug or alcohol test is required, it must be performed as soon as possible following the accident. Every effort must be made to complete the alcohol test within 2 hours. If this is not possible, you must continue to try for up to 8 hours. If no alcohol test can be completed within 8 hours following the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain on file a record stating the reason the test was not promptly administered. If a test for controlled substances can not be obtained within 32 hours following the accident, the employer shall cease all attempts to administer a controlled substance test and shall prepare and maintain on file a record stating the reason the test was not promptly administered.

If a law enforcement officer does not issue a citation within the specified time frames, the Employer shall not attempt to conduct post-accident testing and shall proceed with documenting the reason why the test was not performed.

Option: The Employer may pursue Non-federal tests under its own program if they wish. In the event a Federal, State or local law enforcement official conducts a qualified. post-accident alcohol or controlled substance test, and the test meets the requirements of this section, the employer may request documentation from such agencies. The employer may ask the driver to sign a release allowing the employer to obtain such test results.

Post Accident Testing Requirements:
Type of Accident Involved	Citation issued to the CMV Driver	Test Must be performed by the employer

Human Fatality	yes	yes
Human Fatality	no	yes
Bodily injury	yes	yes
Bodily injury	no	yes
Disabling damage to	yes	yes
Disabling damage to	no	yes

Once a driver has been notified by the DER that he/she has been selected for a random test, every action the covered employee takes, after notification must lead to a collection. An employee who fails to engage in conduct that immediately results in a collection after notification may be considered a refusal to test.C. Random- administered if a driver's name is selected in a random drawing, conducted periodically throughout the year. Drivers notified of a random selection must submit immediately for testing. Random selections will be unannounced and reasonably spread throughout the year. The employer will drug test, at a minimum, 25 percent of the average number of covered employee positions in each calendar year or at a rate established by the Department of Transportation (DOT) for the given year. The employer will select, at a minimum, 10 percent of the average number of driver positions in each calendar year for random alcohol testing, or at the rate established by DOT for the given year. The very nature of random selections may result in drivers being selected more than once a calendar year. Alternatively, some drivers may not be selected in a calendar year.

D. Reasonable suspicion - administered if the employer has reasonable suspicion to believe the driver is in violation of any of the prohibitions listed above. Such conduct must be witnessed by at least one supervisor trained in compliance with section 382.603. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver. A written record shall be made of the observations leading to the reasonable suspicion test and signed by the supervisor or company official who made the observations, within 24 hours of the observed behavior or before the results of the tests are released, whichever is earlier.

E. Return to duty and Follow-up Testing — administered to a driver who engages in prohibited conduct. Any such driver shall be provided with the names, addresses and telephone numbers of qualified substance abuse professionals (SAPs). A driver must be evaluated by a SAP and submit to any treatment the SAP prescribes.

Follow-up testing is separate from and in addition to the employer's reasonable suspicion, post-accident, and random testing Procedures. The schedule for follow-up testing shall be unannounced and in accordance with the instructions of the SAP. Follow-up testing may continue for a period of up to 60 months following a driver's return to duty. No fewer than 6 tests shall be conducted in the first 12 months of follow-up testing.

Employer’s Option: It is the employer's option that the cost of any SAP evaluation or prescribed treatment shall be borne
by the driver. The employer does not guarantee or promise a position to the driver should he/she regain qualified status.

Testing Procedures:

All testing will be performed with procedures that are outlined in the Code of Federal Regulations, Part 40. These procedures are designed to protect the driver, maintain integrity in the testing process and safeguard the validity of the test results.

Drug Urinalysis:

Drug testing will be performed through urinalysis. Urinalysis will test for the presence of drugs and/or metabolites of the following controlled substances: (1) marijuana; (2) cocaine; (3) opiates; (4) amphetamines; and (5) phencyclidine (PCP).

The urinalysis procedure starts with the collection of a urine specimen. Urine specimens will be submitted to a SAMHSAcertified laboratory for testing. As part of the collection process, the specimen provided will be split into two vials: a primary vial and a secondary vial. The SAMHSA-certified laboratory will perform initial screenings on all primary vials. In the event that the primary specimen tests positive, a confirmation test of that specimen will be performed before being reported by the laboratory to the Medical Review Officer as a positive.

The laboratory will report all laboratory results to an MRO designated by the Employer. Negative test results will be reported by the MRO to the Employer. Before reporting a positive test result to the Employer, the MRO will attempt to contact the driver to. discuss the test result. If the MRO is unable to contact the driver directly, the MR0 will contact the DER, chosen in advance by the Employer, who shall, in turn, contact the driver and direct the driver to contact the MRO.

Upon being so directed, the driver shall contact the MRO immediately or, if af.ter the MRO's business hours and the MRO is unavailable, at the start of the MRO's next. business day. In the MRO's sole discretion, a determination will be made as to whether a result is positive or negative. If the driver fails to contact the MRO after 72 hours, or if the driver cannot be contacted within ten (10) days, the MRO may verify the test as positive, or refusal to test, as applicable. After any positive verification the driver may petition the MRO to reopen the case for reconsideration.

Pursuant to DOT regulations, individual test results for driver/applicants and drivers will be released to the Employer and will be kept strictly confidential unless consent for the release of the test results has been obtained. Any individual who has submitted to drug testing in compliance with this policy is entitled to receive the results of such testing upon timely written request.

An individual testing positive may make a request of the MRO to have the secondary vial tested. This request can be made verbally or in writing to the MRO within 72 hours of being notified by the Employer of a positive test result. The secondary vial must be tested by a different SAMHSA-certified lab than tested the primary specimen. CFR part 40.173 requires the employer to be responsible for making sure laboratories perform the required functions in a timely manner.

Option: The employer may require the individual making the request for a test of the second specimen to be responsible for all costs associated with the test.

Dilute Specimens

If the MRO informs the Employer that a positive drug test was dilute, the Employer will treat the test as a verified positive test. The Employer will not direct the driver to take another test.

If the MRO informs the Employer that a negative drug test was dilute, the Employer may, but is not required to, direct the driver to take another test immediately. Such re-collections will not be collected under direct observation, unless there is another reason to do so (see Section 40.67 (b) and (c).) The Employer will treat all similarly situated employees the same way for re-collections. However, the Employer may establish different policies for different types of testing (e.g., conduct retest in pre- employment test situations, but not in random test situations).

Drivers will be informed in advance of the policy regarding re-collections. When the Employer directs the driver to take another test, the driver will be given the minimum possible advance notice that he or she must go to the collection site. The result of the second test — not the original test — is the test of record.

Any driver required to take another test, which is also negative and dilute, will not be permitted to take a third test. If the Employer directs the driver to take a second test and the driver refuses, the test will be treated as a positive test result.

Alcohol Tests

Alcohol tests will be performed using a device that is on the National Highway Traffic Safety Administration's (NHTSA) Conforming Products List (CPL) and meets the DOT's testing requirements. This may be a breath testing device or a saliva testing device, and may be provided through a vendor or agent. A technician who is certified will operate the device and trained on the specific device he or she will be operating. The driver shall report to the alcohol-testing site as notified by the Employer. All alcohol tests shall be performed just prior to, during, or just after duty. The driver shall follow all instruc-

tions given by the alcohol technician.

Any initial test indicating a blood alcohol concentration (BAC) of 0.02 or greater will be confirmed on an evidential breath-testing device (EBT) operated by a breath alcohol technician (BAT). The confirmation test will be performed no sooner than 15 minutes and no later than 30 minutes following the completion of the initial test. In the event the confirmation test indicates a BAG of 0.02 to 0.0399, the driver shall be removed from duty for 24 hours or until his/her next scheduled on-duty time, whichever is longer. Drivers with tests indicating a BAG of 0.04 or greater are considered to have engaged in prohibited conduct. Option: This may result in disciplinary action up to and including termination.

Effects and Signes and Symptoms of Alcohol and Controlled Substances on an Individuals & Methods of Assistance

General Signs of Abuse of alcohol and controlled substances include: Tardiness or absenteeism, borrowing money from coworkers, problems with relationships, increased irritability, decreased attention span, difficulty remembering instructions, taking criticism personally, denial of any problem or paraphernalia present.

Types of paraphernalia include roach clips, cigarette papers, pipes, bongs, razor blades, small mirrors, small spoons and straws, white powder, syringes, needles, eye droppers, rubber tubing.

A. Alcohol Absorption: Alcohol is primarily absorbed through the stomach and the small intestines. It is considered a food because it has calories,but does not need to be digested and proceeds directly into the body through the digestive system.

Short-term effects; Reduces sensitivity to pain. Affects vision in the following ways: narrows the visual field, reduces resistance to glare, interferes with the ability to differentiate intensities of light, and lessens sensitivity to colors.

Long-term effects; Damage to vital organs; including liver, heart and pancreas. Linked to several medical conditions; including gastrointestinal problems, malnutrition, high blood pressure, and lower resistance to disease. Also linked to several types of cancer; including esophagus, stomach, liver, pancreas and colon.

Special Hazards involving the Driving Task; Specific elements to the hazards of alcohol use and driving are listed in a separate section of the curriculum. However, alcohol impairs one's ability to drive or operate machinery safely.

B. Marijuana: Absorption: Marijuana may be inhaled or ingested.

Short-term effects; Increases in heart rate, body temperature, and appetite, drowsiness, dryness of the mouth and throat, reddening of the eyes and reduction in ocular pressure.

Long-term effects; Can cause the following medical conditions: respiratory problems, lung damage, and cancer, memory and concentration impairments, possible motivational syndrome.

Special Hazards involving the Driving Task; Marijuana has been linked to the impairment of the ability to drive a vehicle. Concentration is affected and there is difficulty in perceiving time and distance, which can lead to the following: bad judgment, impaired reaction time, poor speed control, an inability to accurately read signs, drowsiness, and distraction.

C. Coccaine: Apsorption: Cocaine enters the body in one of three ways: injection, smoking, or snorting.

Short-term effects; May cause extreme anxiety and restlessness. May experience the following medical conditions: twitches, tremors, spasms, coordination problems, chest pain, nausea, seizures, respiratory arrest, and cardiac arrest.

Long-term effects; May cause extreme alertness, watchfulness, impaired judgment, impulsiveness, and compulsively repeated acts. May cause stuffiness, runny nose, tissue deterioration inside the nose, and perforation of the nasal septum.

Special Hazards involving the Driving Task; Cocaine may successfully mask fatigue, however, high dosages impair judgment and interfere with the ability of the driver to concentrate. Coordination and vision are impaired. There is an increase in impulsive behaviors with tendencies to take more risks and create confusion within the user.

D. Opiates (Morphine, Heroin, Codeine, Opium): Absorption: Opiates are normally absorbed through injection.

Short-term effects; Include drowsiness, dizziness, mental confusion.,constriction of pupils, and Euphoria. Some opiate drugs, such as Codeine, Demerol, and Darvon, also have stimulating effects. Stimulating effects include: central nervous system excitation, increased blood, elevated blood pressure, increased heart rate, tremors, and seizures.

Long-term effects; May include impaired vision, pulmonary complications, and menstrual irregularity. A person may experience nightmares, hallucinations, and mood swings.

Special Hazards Involving the Driving Task; Opiates can cause drowsiness, mental confusion, and visual impairment even at lower, moderate doses. A driver may have difficulty keeping the vehicle in the correct lane and may make errors in judgment

E. Amphetamines: Absorption:Amphetamines are absorbed by the body in one of three ways: snorting, swallowing, or injection.

Short-term effects; A person may experience a loss of appetite, increased alertness, and a feeling of well-being. A person's physical condition may be altered by an increase in brePthira- and heart rate, elevation in blood pressure, and dilation of pupils.

Long-term effects; Anxiety and agitation, sleeplessness, higher blood pressure and irregular heartbeat, increased susceptibility to disease.

Special Hazards Involving the Driving Task; The use of amphetamines can interfere with concentration, impair vision, and increase the driver's tendencies to take risks.

F. Phencyclidine (PCP, angel dust, elephant, hog): Absorption: Can be sniffed, smoked, swallowed or injected.

Short-term effects; Last 3 to 18 hours. It can produce a state of pleasurable intoxication, sense of separation from surroundings, perceptual distortions, difficulty in concentrating and communicating. Users may become highly confused, paranoid, terrified, aggressive, and passive.

Bad trips are more common with PCP than with other drugs. Overdose can cause convulsions, coma, and death. Accidental death can result from drug-induced confusion.

Long-term effects; Flashback may occur. Persistent speech problems, depression, anxiety, or more severe psychological consequences.

Special Hazards Involving the Driving Task; The use of Phencyclidine can interfere with concentration, impair vision, and increase the driver's tendencies to take risks. A driver may have difficulty keeping the vehicle in the correct lane and may make errors in judgment.

Assistance can be obtained through numerous sources, including but not limited to Employee Assistance Programs, Substance Abuse Programs, Drug and Alcohol treatment centers etc. When an employee of the company witnesses conduct of another employee which may be suspect of an alcohol or controlled substance problem, the employee shall immediately report such conduct to management. For further information contact the DER of the company.

Anyone found in violation of this policy will be supplied with further assistance information.

Authorization for Previous Test Records:

Within 30 days of performing a safety-sensitive function, DOT regulations require that the Employer obtain certain drug and alcohol testing records from the driver's previous Employers for the previous 2 years. The purpose is to maintain compiete driver records indicating violations of any DOT rule pertaining to controlled substance or alcohol use within the previous 2 years. As a condition of employment, the driver shall provide the Employer with a written authorization for all previous Employers within the past 2 years to release such drug and alcohol testing records as the regulations require. Employers must also ask the driver whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the driver applied for, but did not obtain, safety-sensitive transportation work.

Training:

All supervisors designated to determine whether or not reasonable suspicion exists to require a driver to undergo testing under Section 382.307, will have received at least 60 minutes of training on recognizing alcohol misuse, and at least 60 minutes of training on recognizing controlled substances use. The training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.

This policy is not intended nor should it be construed as a contract of employment between the Employer and the driver. This policy may be changed at any time at the sole discretion of the Employer.

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May 30, 2022 3:55 pm CET

Drug and alcohol policy Uploaded by Damir Kadric - damir@oriormedia.com IP 188.127.99.116