Corporate Safety Manual

Procedure 12-2

DRUG & ALCOHOL PROGRAM FOR DRIVERS

AS REQUIRED BY THE U.S. DEPARTMENT OF TRANSPORTATION,

FEDERAL HIGHWAY ADMINISTRATION

The Federal Highway Administration (“FHWA”) has issued regulations which require
NORTHSTAR to implement a controlled substance testing program. The Company will comply
with these regulations and is committed to maintaining an alcohol and drug-free workplace. All
drivers are advised that remaining alcohol and drug-free and medically qualified to drive are
conditions of continued employment with the Company.

SECTION 1 - PURPOSE

The purpose of this administrative guide is to set forth the procedures for the implementation of
controlled substances and alcohol use and testing of driver applicants and current drivers
pursuant to the Alcohol and Drug Abuse Policy. These procedures are intended as a guide only,
and are in no way intended to alter any existing relationship between NORTHSTAR and any
driver.

NORTHSTAR’s alcohol and drug program administrator designated to monitor, facilitate, and
answer questions pertaining to these procedures is Gary Thibodeaux.

SECTION 2 - DEFINITIONS

When interpreting or implementing these procedures, or the procedures required by the Federal
Highway Administration (“FHWA”) controlled substance testing regulations, the following
definitions apply:

Alcohol - means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular
weight alcohol including methyl and isopropyl alcohol.

Alcohol concentration (or content) - means the alcohol in a volume of breath expressed in terms
of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this
part.

Collection site - means a place where individuals present themselves for the purpose of
providing breath, body fluid, or tissue samples to be analyzed for specified controlled substances.

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The site must possess all necessary personnel, materials, equipment, facilities and supervision to
provide for the collection, security, temporary storage and transportation or shipment of the
samples to a laboratory.
Controlled substance - has the meaning assigned by 21 U.S.C. 802 and includes all substances
listed on Schedules I through V as they may be revised from time to time (21 CFR 1308).

Driver - means any person who operates a commercial motor vehicle. 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 or
under lease to an employer or who operate a commercial motor vehicle at the direction of or with
the consent of an employer. For the purposes of pre-employment/pre-duty testing only, the term
“driver” includes a person applying to an employer to drive a commercial motor vehicle.

Drug - means any substance (other than alcohol) that is a controlled substance as defined in this
section and 49 CFR Part 40.

FHWA - means the Federal Highway Administration, U.S. Department of Transportation.

Owner-Operator(s) - means a driver(s) who has been contracted for services with the Company.
For the purposes of these procedures and the Company’s Alcohol and Drug Abuse Policy,
owner-operators are not to be considered employees, but will be required to participate in the
Company’s Alcohol and Drug Abuse Policy like all Company employee drivers.

Medical Review Officer (“MRO”) - means a licensed M.D. or D.O. with knowledge of drug
abuse disorders that is employed or used by a motor carrier to conduct drug testing in accordance
with this part.

Performing (a safety-sensitive function) - means a driver is considered to be performing a

safety-sensitive function during any period in which he or she is actually performing, ready to
perform, or immediately available to perform any safety-sensitive functions.

Random selection process - means that alcohol and drug tests are unannounced; that every
driver of a motor carrier subject to test-tests conducted annually shall equal or exceed twenty-
five percent (25%) for alcohol tests and fifty percent (50%) for drug test of the total number of
drivers subject to testing a motor carrier.

Reasonable cause - means that the motor carrier believes the actions or appearance or conduct
of a commercial motor vehicle driver who is on duty as defined below, are indicative of the use
of a controlled substance.

Safety-Sensitive Function - means any of those on-duty functions set forth in CFR 49 Section
§395.2.

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On Duty Time - means all time from the time a driver begins to work or is required to be in
readiness to work until the time he/she is relieved from work and all responsibility for
performing work. “On duty time” shall include:
a. All time at a carrier or shipper plant, terminal, or facility, or other property, or on any
public property, waiting to be dispatched, unless the driver has been relieved from
duty by the motor carrier.
b. All time inspecting, servicing, or conditioning any commercial motor vehicle at any
time;
c. All driving time.
d. All time, other than driving time, in or upon any commercial motor vehicle except
time spent resting in a sleeper berth.
e. 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 or
unloaded.
f. All time spent performing the driver requirements relating to accidents.
g. All time repairing, obtaining assistance, or remaining in attendance upon a disabled
vehicle.

SECTION 3 - PROHIBITED SUBSTANCES

 Alcohol Use: means the consumption of any beverage, mixture, or preparation, including any
medication containing alcohol which, when consumed, causes an alcohol concentration in
excess of those prescribed by Part 382 Subpart B (FMCSR) and section IV of this policy.

 Controlled Substances: In accordance with FHWA rules, urinalysis will be conducted to

detect the presence of the following substances:

a. Marijuana
b. Cocaine
c. Opiates
d. Amphetamines
e. Phencyclidine-(PCP)

Detection levels requiring a determination of a positive result shall be in accordance with the
guidelines adopted by the FHWA in accordance with the recommendations established by the
Dept. of Health and Humans Services (DHHS).

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SECTION 4 - PRESCRIPTION MEDICATIONS

 Prescription Medications: Drivers taking legally prescribed medications issued by a

licensed health care professional familiar with the driver’s work-related responsibilities must
report such use to their immediate supervisor or dispatcher, and may be required to present
written evidence from the health care professional which describes the effects such
medications may have on he driver’s ability to perform his/her tasks.

In the sole discretion of the alcohol and drug program administrator, a driver may be
temporarily removed, with pay, from a safety-sensitive position if deemed appropriate.

SECTION 5 - PROHIBITIONS

 Alcohol Prohibitions:

The new alcohol rule prohibits any alcohol misuse that could affect performance of a safety-
sensitive function. These include the following:

1. Use while performing safety sensitive functions.

2. Use during the 4 hours before performing safety-sensitive functions.
3. Reporting for duty or remaining on duty to perform safety-sensitive functions with an
alcohol concentration of 0.04 or greater.
4. Possession of alcohol, unless the alcohol is manifested and transported as part of a
shipment. This includes the possession of medicines containing alcohol (prescription or
over-the-counter), unless the packaging seal in unbroken.
5. Use during 8 hours following an accident, or until he/she undergoes a post-accident test.
6. Refusal to take a required test.

NOTE: A driver found to have an alcohol concentration of greater than 0.02, but less
than 0.04, will not perform nor be permitted to perform any safety-sensitive functions for
at least 24 hours. The other consequences imposed by the regulations and discussed
below do not apply. However, documentation of this test constitutes written warning that
company policy has been violated, and the next occurrence could result in
disqualification of a driver.

 Drug Prohibitions:

The regulations prohibit any drug use that could affect performance of safety-sensitive
functions. These include the following:

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1. Use of any drug, except by doctor’s prescription, and then only if the doctor has
advised the driver that the drug will not adversely affect the driver’s ability to safely
operate the CMV;
2. Testing positive for drugs; and
3. Refusing to take a required drug test.

Drivers must inform the alcohol and drug program administrator of any therapeutic drug use
prior to performing a safety-sensitive function.

SECTION 6 - DRIVER APPLICANT AND CURRENT DRIVER TESTING

 Applicant Testing: All driver applicants will be required to submit to and pass a breath
alcohol test and a urine drug test as a condition of employment. Job applicants who are
denied employment because of a positive test, may reapply for employment after 12 months.

Offers of employment are made contingent upon passing the Company’s medical review,
including the alcohol and drug test. Driver applicants who have received firm employment
offers are to be cautioned against giving notice at their current place of employment, or
incurring any costs associated with accepting employment with the Company until after
medical clearance has been received. All newly hired drivers shall be on a probationary
status for 30 days, contingent upon medical clearance for illicit controlled substance or
alcohol usage, as well as other conditions explained in the personnel policies. Under no
circumstances may a driver perform a safety-sensitive function until a confirmed negative
result has been received.

Driver applicant drug testing will follow the collection, chain-of-custody and reporting
procedures as set forth in CFR 49 Part 40.

 Owner-Operators - Owner-Operators engaged by the NORTHSTAR Corporation are not

employees of NORTHSTAR, nor are they to be considered as such under this Policy.
However, every owner-operator engaged to provide services to NORTHSTAR must agree to,
and successfully participate in the Company’s alcohol and drug testing program. All owner-
operator agreements will be entered into the Company contingent upon the operators’
successful completion of the urinalysis and breath analysis under all phases of the
Company’s program, and are contingent upon the owner-operator’s continued status as a
medically qualified driver.

The term “driver” as used in these procedures includes owner-operators.

 Employee Drivers: Under all circumstances, when a driver is directed to provide either a
breath test or urine sample in accordance with these procedures, he or she must immediately
comply as instructed. Refusal will constitute a positive result. The driver will be

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immediately removed from the safety-sensitive function and will be subject to further
discipline or termination as appropriate.
SECTION 7 - SUSPICION-BASED TESTING

 Reasonable Suspicion: If a driver is having work performance problems or displaying

behavior that may be alcohol or drug-related, or is otherwise demonstrating conduct that may
be in violation of the Policy where immediate management action is necessary a supervisor
or dispatcher, with the concurrence of the alcohol and drug program administrator, will
require that driver to submit to a breath test or urinalysis. The following conditions are signs
of possible alcohol or drug use (not all-inclusive):

o Abnormally dilated or constricted pupils

o Glazed stare - redness of eyes (sclera)
o Flushed face
o Change of speech (i.e. faster or slower)
o Constant sniffing
o Increased absences
o Redness under nose
o Sudden weight loss
o Needle marks
o Change in personality (i.e. paranoia)
o Increased appetite for sweets
o Forgetfulness - performance faltering - poor concentration
o Borrowing money from coworkers or seeking an advance of pay or other unusual
display of need for money
o Constant fatigue or hyperactivity
o Smell of alcohol
o Slurred speech
o Difficulty walking
o Excessive, unexplained absences
o Dulled mental processes
o Slowed reaction rate

 Immediate Action: Supervisors or dispatchers must take action if they have reason to
believe one or more of the above-listed conditions is indicated, and that the substance abuse
is affecting a driver’s job performance or behavior in any manner. A supervisor or dispatcher
observing such conditions will take the following actions immediately:

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o Confront the employee involved, and keep under direct observation until the situation
is resolved
o Secure the alcohol and drug program administrator’s concurrence to observations; job
performance and company policy violations must be specific.
o After discussing the circumstances with the supervisor or dispatcher, the alcohol and
drug program administrator will arrange to observe or talk with the driver. If he/she
believes, after observing or talking to the driver, that the conduct or performance
problem could be due to substance abuse, the driver will be immediately required to
submit to a breath test or urinalysis. If the driver refuses to submit to testing for any
reason, the driver will be informed that continued refusal will result in termination of
employment.
o Employees will be asked to release any evidence relating to the observation for
further testing. Failure to comply may subject the employee to subsequent discipline
or suspension from driving duties. All confiscated evidence will be receipted for with
signatures of both the receiving supervisor, as well as the provider.
o If prior to confrontation by the supervisor or dispatcher, the driver admits to use but
requests assistance, the alcohol and drug program administrator will arrange for
assessment by an appropriate substance abuse professional (SAP). Reassignment to
the driver position is conditional to completing the SAP’s guidelines and return to
work testing.

 Documentation: The supervisor or dispatcher shall, within 24 hours or before the

results of the controlled substance test are released, document the particular facts related
to the behavior or performance problems, and present such documentation to the alcohol
and drug program administrator.

 Removal From Driving: The alcohol and drug program administrator will remove or
cause the removal of the driver from the Company-owned vehicle and ensure that the
driver is transported to an appropriate collection site and thereafter to the driver’s
residence or, where appropriate, to a place of lodging. Under no circumstances will that
driver be allowed to continue to drive a Company vehicle or his/her own vehicle until a
confirmed negative test result is received.

 Acknowledges Use: If, during the course of employment, the driver acknowledges a
substance abuse problem and requests assistance, the problem may be treated as if it were
an illness, subject to the provisions set forth below:

o The decision to seek diagnosis and accept treatment for the substance abuse
problem is the responsibility of the driver;

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o The diagnosis and prescribed treatment of the driver’s condition will be

determined by health care professionals designated by the alcohol and drug
program administrator in conjunction with the driver’s physician; and
o The driver might be placed on medical leave for a predetermined period
recommended by those medical professionals if the SAP determines that such
action is appropriate.

 Post-Accident Testing: Currently, federal regulations place the burden of compliance

with post-accident alcohol and drug testing regulations on the driver. Therefore, all
drivers are required to provide a breath test and a urine specimen to be tested for the use
of controlled substances “as soon as practicable” after an accident. The driver must
remain readily available for such testing or may be deemed by the alcohol and drug
program administrator to have refused to submit to testing. No alcohol may be consumed
for 8 hours after the accident or until a test is conducted. If the driver is seriously injured
and cannot provide a specimen at the time of the accident, he or she shall provide the
necessary authorization for obtaining hospital reports and other documents that would
indicate whether there were any controlled substances in his or her system.

An accident is defined by FHWA regulations as an accident which results in the death of

a human being or bodily injury to a person who, as a result of the injury, immediately
receives medical treatment away for the scene of the accident; or which has had one of
the vehicles towed from the scene of the accident. Except for a fatality accident,
verification of the driver’s responsibility in the above accident scenario must be
established by a citation to the driver.

Drivers may be provided with collection kits to be carried in their vehicles at all time. A
list of nationally available collection sites will be provided through the Company
Operating Unit Managers, including pertinent instructions and procedures prior to the
driver operating a commercial motor vehicle.

Adherence by drivers to post-accident specimen collection requirements is a condition of

continued employment. The failure of an owner-operator to comply with DOT post-
accident and specimen collection rules will be considered a breach of contract with the
Company, and the contract will remain invalid until appropriate substance abuse
professional counseling has been completed.

 Random Testing: NORTHSTAR will conduct random testing for all covered drivers as
follows:

o A company-wide selection process which removes discretion in selection from

any supervisor personnel will be adopted by the Company. This process will
select covered drivers through the use of a computerized program.

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o The random testing, once begun, will provide for alcohol testing of at least
twenty-five percent (25%) and for drug testing of at least fifty percent (50%) of
all covered drivers.
o The random testing will be reasonably spaced over any twelve (12) month period.
o Once notified, a driver must proceed immediately to the assigned collection site.

 Program Administrator: The alcohol and drug program administrator will be

responsible for designating the appropriate substance abuse professional who, in
conjunction with the driver’s physician, will diagnose the problem and recommend
treatment.

o The driver’s successful completion of the approved treatment program is a

condition of continued employment as a driver.
o Following successful completion of any approved treatment program, the driver
will be required to submit to at least six random drug tests during the first year,
and follow-up testing may be conducted for up to 60 months. Failure to adhere to
this condition is grounds for immediate termination.
o All supervisors or dispatchers will receive training to assist them in identifying
alcohol and drug use behavioral characteristics.

 Return-to-Duty Testing: Before a driver returns to duty, that requires the performance
of a safety-sensitive function, after engaging in conduct prohibited by this policy and Part
382 Subpart B (FMCSR), the driver shall undergo a return to duty alcohol test with a
result of less than a 0.02 BAC or receive a confirmed negative result from a controlled
substance urinalysis test.

SECTION 8 - COLLECTION OF BREATH AND URINE SPECIMENS

Breath Alcohol Testing: This will be conducted either on site or at a prearranged location
by a qualified Breath Alcohol Technician according to CFR 49 Part 40 procedures. Refusal to
complete and sign the testing from or refusal to provide breath will be considered a positive test,
and the driver will be removed from a safety-sensitive function until resolved.

Specimen Collection: Specimen collection will be conducted in accordance with

applicable state and federal law. The collection procedures will be designed to ensure the
security and integrity of the specimen provided by each driver, and those procedures will strictly
follow federal chain-of-custody guidelines. Moreover, every reasonable effort will be made to
maintain the dignity of each driver submitting a specimen for analysis in accordance with these
procedures.

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SECTION 9 - LABORATORY ANALYSIS

Laboratory Analysis: As required by FHWA regulations, only a laboratory certified by

Department of Health and Human Services (DHHS) to perform urinalysis for the detection of the
presence of controlled substances will be retained by the Company. The laboratory will be
required to maintain strict compliance with federally approved chain-of-custody procedures,
quality control, maintenance and scientific analytical methodologies.

SECTION 10 - CONSEQUENCES OF POSITIVE TEST RESULTS

Positive Test Results: Alcohol and drug abuse may not only threaten the safety and productivity
of all employees at NORTHSTAR, but causes serious individual health consequences to those
who use them. Any confirmed actions prohibited by Part V above, while performing a safety-
sensitive function or refusing to take a breath test, will be grounds for termination as an
employee.

Negative Dilute Test Results: In the event that the MRO reports the results of the testing
regarding a specific urine sample to be negative, but in addition specifies that that urine sample
is “diluted”, has a “low creatinin level”, or other synonymous result, the employee in question
shall be required, at a time of the EMPLOYER’s choosing, to repeat the collection and analysis
process. Should the MRO report the results of the testing regarding a specific urine sample as
“substituted”, the employee in question shall be considered to have refused testing and shall be
subject to disciplinary action commensurate with a positive test for prohibited substances.

Termination of Employment: A driver testing positive for alcohol or drug use is subject to
termination. Refusal to submit to testing will also be considered as positive.

Refusal may be defined as not providing a breath sample or urine as directed, neglecting to sign
appropriate control forms, using alcohol within 8 hours of an accident, or engaging in conduct
that clearly obstructs the testing process.

SECTION 11 - APPEAL OF TEST RESULTS

Any driver testing positive for the presence of a controlled substance will be contacted by the
Company’s MRO. The driver will be allowed to explain and present medical documentation to
explain any permissible use of a drug. All such discussions between the driver and the MRO
will be confidential. The Company will not be a party to, or have access to matters discussed
between the driver and the MRO. If medically supportable reasons exist to explain the positive
result, the MRO will report the test to the Company as a negative.

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Within 72 hours after the driver has been notified of a positive test result for drugs, he/she may
request a retest of the split sample. This signed request will be provided to the MRO in writing,
who will then initiate the new laboratory analysis. If a different result is detected by the
subsequent laboratory analysis, the test will be voided by the MRO, and the company alcohol
and drug program administrator will be notified. A retest may be initiated as appropriate.

SECTION 12 - CONFIDENTIALITY

Under no circumstances, unless required or authorized by law, will alcohol or drug testing
information or results for any employee or applicant be released without written request from the
applicable employee.

Drivers are entitled, upon written request, to obtain copies of any records pertaining to the
driver’s use of alcohol or controlled substances, including any records pertaining to his or her
alcohol or controlled substance tests. A copy of the requested records will be sent within 5
working days.

Collection of breath and urine samples must always be documented and sealed with a tamper-
proof sealing system in the presence of the driver, to ensure that all tests can be correctly traced
to the driver.

Drug test analysis from the DHHS approved laboratory will be forwarded directly to the Medical
Review Officer assigned by the alcohol and drug program administrator.

Alcohol test results will be forwarded by the MRO to the alcohol drug program administrator for
confidential recordkeeping.

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Exhibits Index

Application for Employment (Application must contain information required by DOT) Exhibit-1
Employment History Exhibit-2
Pre-employment Urinalysis Notification Exhibit-3
Driver Data Sheet Exhibit-4
Reserved Exhibit-5
Record/Certification of Road Test and Driver’s Wallet Card Exhibit-6
Physical Exam for Drivers Exhibit-7
Physical Examination Consent Form and Driver’s Wallet Card Exhibit-8
Copy of Substance Abuse Testing Exhibit-9
Request for Check of Driving Record Exhibit-10
Request For Employee Information ( Investigation & Inquiries) Exhibit-12
Telephone Reference Check Exhibit-13
Annual Review of Driving Record & Certificate of Review Exhibit-14
Certification of Violations Exhibit-15
Notification of Driver Disqualification Part 383 Exhibit-16
Notice of Driver Disqualification Part 391 Exhibit-17
Notice of Conviction of Violation Exhibit-18
Log Book with Grid Exhibit-19
Pre-trip & Post-trip Inspection Exhibit-20
Annual Vehicle Inspection Report Exhibit-21
Notification to Drivers and Certificate of Compliance Exhibit-22
DOT Accident Register Exhibit-23
Monthly License Check Exhibit-24
Motor Vehicle Record (MVR) Exhibit-25
Check Sheet For Drivers Forms Exhibit-26

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