Champlain Enterprises, Inc. Drug & Alcohol Program Employee Assistance

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1 Champlain Enterprises, Inc. Drug & Alcohol Program Employee Assistance Effective February 2014

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3 3 TABLE OF CONTENTS Overview 5 Company Designated Service Providers 6 Terminology 8 Program Records 11 Alcohol Misuse Prevention Program (AMPP) 12 Drug Testing Program 15 Prohibited Conduct and Consequences 21 Policies for DOT-Covered Employees 24 Medication 35 Employee Education-Alcohol 40 Employee Education-Drugs 42 Employee Rehabilitation/Assistance 46 Training Requirements 47

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5 5 OVERVIEW The company Drug and Alcohol Program (DAP) focuses on alcohol and drug use that can compromise workplace safety. CommutAir is committed to protecting the safety and health of all employees, passengers and vendors and maintaining a safe, alcohol- and drug-free workplace. In accordance with the Drug-Free Workplace Act of 1988 and Federal Aviation Administration (FAA) regulations we have established a program that balances our respect for individuals with the need to maintain an alcohol and drug free environment. To achieve this, CommutAir considers the use of drugs or alcohol on the job to be an unsafe and prohibited work practice. In order to ensure that the workplace is free from drugs and/or alcohol, CommutAir makes the following statements of policy: 1. "Never Compromise Safety" Safety is one of CommutAir's Critical Success factors. Of all the factors, none is more important than safety because it is the foundation on which all our efforts rest to best serve customers, be profitable, and develop great employees. Safety is a basic element of every employee's job. Every employee is personally responsible for performing his or her duties with a genuine concern for how his or her actions may affect the safety of CommutAir's operations. Safety is also a basic management responsibility. Leaders have a special responsibility for ensuring our commitment to safety is consistently met. They must not allow other business considerations to take precedence over the safety of our operations. 2. No employee shall illegally use, manufacture, distribute, sell, or possess narcotics, drugs, or controlled substances (including inhalants containing controlled substances) at any time. CommutAir also prohibits certain items such as drug paraphernalia and/or literature promoting illegal drug or substance use from being brought on company premises or in company vehicles. 3. No employee shall report to work under the influence of alcohol or use alcoholic beverages on CommutAir's premises or in company vehicles while on duty. CommutAir prohibits any use of alcohol that adversely affects an employee's job performance. 4. CommutAir DAP policy statements supplement, and do not detract from or otherwise modify any obligations imposed by local, state, or federal law. Any portion or component of this policy which is found to be in conflict with any local, state, or federal law shall render that portion or component null and void, but shall not invalidate the other provisions of this policy.

6 6 COMPANY DESIGNATED SERVICE PROVIDERS Company Drug and Alcohol Testing Program Contact / Designated Employer Representative (DER) For all questions concerning the Company s policy or implementation of the Company s drug and alcohol testing program, employees should contact the individual(s) named below: Name: Amanda Kroska Title: Director of Security / Drug and Alcohol Program Address: Country Club Blvd., Suite 300 North Olmsted, OH Phone: x 330 Drug Testing Laboratory The following DHHS-certified laboratory has been designated by the Company to conduct the analysis of all urine specimens tested under the terms of this policy. Name: Quest Diagnostics (NON-DOT) LabCorp (DOT) Medical Review Officer The following physician(s) has been designated by the Company to perform Medical Review Officer functions for all drug tests conducted under the terms of this policy. Name: Dr. Natalie Hartenbaum, FirstLab Address: 100 Highpoint Dr., Suite 102 Chalfont, PA Phone: Substance Abuse Professional Substance Abuse Professional (SAP) services, including information, referral, assessment, and evaluation, are available from the following Companydesignated individuals and/or organizations: Name: Gail Grueser, Safety Controls Technologies Address: 5075 Taylor Dr. Cleveland, OH Phone:

7 Approved Specimen Collection Sites The facilities listed below are authorized to conduct urine specimen collection in accordance with 49 CFR Part 40 for the purpose of any controlled substance test required by the Company: Name: Bryan Schmidt, Medexam Address: Detroit Rd Westlake, OH Phone: Name: EWR Medical Offices North Cargo Area Building # nd Floor (entrance left of the loading docks) Airis Drive Newark, NJ Phone:

8 8 TERMINOLOGY Definitions of Technical Terms Accident: An occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and the time all such persons have disembarked, and in which any persons suffer death or serious injury, or in which the aircraft receives substantial damage. (Detailed definition: FAR 120.7) Adulterated Sample: A sample that is determined to be not consistent with human urine after validity testing because it contains foreign substances, is diluted or substituted. Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl or isopropyl alcohol. Alcohol Use: The consumption of any food, beverage (including the so called "alcohol free" beer), mixture, or preparation, including any medication containing alcohol. Alcohol Concentration: The alcohol in the volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. Breath Alcohol Technician (BAT): A person who is trained and certified in the operation of the EBT and administering the breath alcohol test. Cold / Hot Sample: A urine specimen that is outside the acceptable temperature range of F as indicated on the specimen cup. If a cold or hot sample is given, a direct observation sample must be immediately collected. Collection Site: A place selected by CommutAir where employees present themselves for the purpose of submitting to a drug or alcohol test. Company Premises: All property, facilities, land, buildings, structures, automobiles, trucks and other vehicles owned, leased or used by CommutAir. Confirmation Test: A second test, following fifteen (15) minutes after a screening test with a result greater than 0.02 that provides quantitative data of alcohol concentration.

9 Covered Employee: Person who performs FAA designated sensitive, safety or security related functions either as a result of direct employment or contractual agreements with CommutAir. Designated Employer Representative (DER): Person with the overall responsibility for maintaining the Drug and Alcohol Testing Program for the Company. Dosage: Determination and regulation of the amount, frequency and number of doses. Drug: Any substance listed in the Controlled Substances Act Schedules I through V, including look-alike drugs and designer drugs, or other psychoactive substance, that may have adverse effects on the user's cognitive skills or motor skills. Diluted Samples: A urine specimen that has a creatinine level of less than 20 g/dl and a specific gravity of or less. Evidential Breath Testing Device (EBT): Apparatus used to obtain an adequate amount of breath for alcohol testing ("Breathalyzer"). Incident: Any unplanned, unexpected or unintended event that occurs on CommutAir premises, during the conduct of business outside the scope of common work related hazards, or during working hours, or which involves company vehicles or motor vehicles that are used in conducting CommutAir business, or is within the scope of employment, and which results in any of the following: A fatality of anyone involved in the event; Bodily injury to the employee and/or another person that requires offsite medical attention away from the Company's place of employment; Vehicular damage in apparent excess of $ ; or Non-vehicular damage in apparent excess of $1, (Includes "dropping of equipment"). Medical Practitioner: Any medical professional licensed to prescribe medication, including but not limited to physicians, dentists, physician assistants and optometrists. 9

10 10 Medical Review Officer (MRO): A licensed Physician, who has the specialized training to ensure the accuracy and integrity of the drug testing process as outlined in DOT and Non-covered Employee: All persons performing job functions other than safety sensitive functions. Non-safety Sensitive Function: Any function other than those listed in FAR Over the Counter (OTC) Medicine: Any and all medication, drug or supplement that is available off the shelf and without the involvement of a medical practitioner. Performing a safety sensitive function: An employee 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 such function. Prescription Medicine (RX): Any medication, drug or supplement that is available only by prescription from a licensed medical practitioner. Refusal to Test / Submit: After the employee has been notified of the requirement to be tested in compliance with this policy, refusal means: failure to submit to an alcohol or drug test, failure to provide adequate breath or urine sample for testing without valid medical explanation, non compliance with any part of the testing process, or not remaining readily available for post-accident or post-incident testing. Safety Sensitive Job Function: FAR defines safety sensitive functions as: Flight crewmember duties Flight attendant duties Flight instruction duties Aircraft dispatcher duties Aircraft maintenance or preventive maintenance duties Aviation screening duties Air traffic control duties Employees performing any of the functions above are covered under FAA/ DOT regulation and policies for safety sensitive employees in the program.

11 Substance Abuse Professional (SAP): A licensed physician (medical doctor or doctor of osteopathy), licensed or certified psychologist, licensed or certified social worker, licensed or certified employee assistance professional, drug and alcohol counselor certified by the National Association of Alcoholism and Drug abuse Counselors Certification Commission (NAADAC); or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC); or by the National Board for Certified Counselors, Inc. and Affiliates/Master Addictions Counselor (NBCC). Positive Alcohol Test Result: Any confirmed testing result of an alcohol concentration of 0.02 or higher for company policy. Any Alcohol test result of 0.04 or higher is defined as rule violation for safety sensitive employees and will result in the consequences outlined in section 5 in this policy. Verified Positive Drug Test Result: Test results of a urine sample, verified by the Medical Review Officer (MRO) as positive in accordance with DOT 40, showing positive evidence of the presence of a prohibited drug or drug metabolite in an employee's system. Workday: The period of time when an employee is performing, ready to perform, immediately available to perform, or has just ceased performing their duties. 11 PROGRAM RECORDS Location Employee records pertaining to drug and alcohol testing will be maintained in a secure location with controlled access at CommutAir Headquarters. Release of Information Records will be promptly released to the employee, or a person identified by the employee (including subsequent employers), upon written request of the employee. This release of information will not be contingent upon payment for records other than those specifically requested. Records must be released to Department of Transportation agency representatives upon request. Records must be released to the National Transportation Safety Board when requested as part of an accident investigation. Records may be released to a Federal, state, or local safety agency with regulatory authority over the employer or the employee upon request.

12 12 ALCOHOL MISUSE PREVENTION PROGRAM (AMPP) The Alcohol Misuse and Prevention Program (AMPP) mandates testing in the following circumstances: Post-accident Post-incident Reasonable Suspicion Random testing Return-to-duty and follow-up testing is required for employees who seek professional assistance prior to taking and notification of a required test before being allowed to return to a safety sensitive function. Notwithstanding the absence of an alcohol test, no employee shall report for duty or remain on duty while under the influence or impaired by alcohol. No employee shall consume alcohol while on duty, in uniform or on company premises. Flight Crewmembers and Flight Attendants shall not report to work within ten (10) hours of consuming alcohol. All other covered employees shall not report to work within eight (8) hours of consuming alcohol. Circumstances That Require Testing Employees may be subject to the following alcohol tests: Post-Accident As soon as practicable following an accident, each covered employee must be alcohol tested if that employee's performance either contributed to the accident or cannot be discounted as a contributing factor to the accident. An employee who is subject to post-accident alcohol testing will remain readily available for testing or may be deemed by CommutAir to have refused to submit to testing. Attempts to conduct post-accident alcohol testing will cease 8 hours after the accident, even if no alcohol test has been conducted. Random Employees will be selected for random alcohol testing through a scientifically valid method. Random tests will be spaced throughout the year and will be unannounced. Employees notified of selection for random testing must proceed immediately to the testing site. Random tests will be conducted during the workday.

13 Reasonable Suspicion An employee must submit to an alcohol test if it has been determined that reasonable suspicion exists that the employee is in violation of this policy. This determination must be based on a trained supervisor's specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. Even if an alcohol test cannot be administered, no covered employee who is under the influence of or impaired by alcohol, as shown by behavioral, speech, or performance indicators of alcohol misuse, should report for duty or remain on duty requiring the performance of safety-sensitive functions until a test can be administered and the results are below 0.02 or until the commencement of the employee's next duty period if at least 8 hours has elapsed. Similarly, even if an alcohol test cannot be administered, CommutAir will not permit any covered employee who is under the influence of or impaired by alcohol, as shown by behavioral, speech, or performance indicators of alcohol misuse, to report for duty or remain on duty requiring the performance of safety-sensitive functions until a test can be administered and the result is below 0.02 or until the commencement of the employee's next duty period if at least 8 hours has elapsed. CommutAir will not permit any employee who is under the influence of or impaired by alcohol, as shown by behavioral, speech, or performance indicators of alcohol misuse, to report for duty or remain on duty until a test can be administered. An arrest or conviction of any employee for an alcohol-related offense, including but not limited to driving under the influence (DUI), driving while intoxicated (DWI) or operating while intoxicated (OWI) shall be reported to CommutAir and may be subject to a reasonable suspicion alcohol test. A supervisor who identifies an employee for a reasonable suspicion test cannot conduct the alcohol test as the breath alcohol technician for that employee. Return-to-Duty Before an employee returns to duty after seeking professional assistance by a SAP he or she will undergo a return-to-duty test. The employee cannot perform any work function until a result indicating an alcohol concentration of less than 0.02 is obtained. Follow-Up Each employee who has been identified by a substance abuse professional (SAP) as needing assistance in resolving an alcohol misuse problem and who has returned to duty will be subject to follow-up testing. Follow-up tests will be unannounced. The schedule for follow-up alcohol testing is established by the SAP. 13

14 14 Alcohol Testing Process Privacy Breath alcohol testing will likewise be done in an area that affords the individual privacy. In all cases, there will only be one individual tested at a time. Procedures All tests shall be performed using the procedures set forth in DOT regulations detailed in section 6 of the Drug and Alcohol Program policy. Other policies as outlined in collective bargaining agreements may apply. Failure to Provide Adequate Amount of Breath for Testing ("Shy Breath") An employee who does not provide adequate amount of breath during a breath alcohol test shall be sent for independent medical evaluation. If there is no valid medical reason for the employee to provide an adequate breath sample, the test shall be considered a refusal to test.

15 15 DRUG TESTING PROGRAM The Drug Testing Program requires testing of employees in the following circumstances: Pre-employment Post-accident Post-incident Reasonable Cause Random Return-to-duty and follow-up testing is required for employees who seek professional assistance prior to taking and notification of a required test before being allowed to return to duty. It is very important that the appropriate standards be used for each kind of testing (DOT or NON-DOT). The differences stem directly from the legal standards on which they are based. If there is any doubt as to which standards to apply or which kind of test should be administered, CommutAir's DER should be consulted. Statement of Policy No employee shall possess, use, distribute or sell illegal drugs, or legal drugs obtained without prescription, at any time. No employee shall report to work under the influence of illegal drugs. No employee shall possess, use, distribute or sell drug paraphernalia or literature promoting drug use. Procedures All drug testing under company policy shall mirror standards and procedures set forth in the DOT drug testing regulations and the guidelines of the Department of Health and Human Services, DHHS, "Mandatory Guidelines for Federal Workplace Drug Testing Programs", and subsequent amendments hereto. These guidelines shall be administered by a third party administrator (TPA) engaged on behalf of CommutAir. The TPA shall adopt procedures for the following: split specimen collection procedures, Chain-of-Custody procedures, laboratory qualifications, testing methodologies, quality control procedures, and reporting requirements. Drug tests shall consist of the federally mandated panel of Marijuana, Cocaine, Phencyclidine, Opiates and Amphetamines ("5-panel"). When conducting reasonable cause or post incident testing, any drug in schedule I or II of the Controlled Substance Act may be part of the testing panel. Medical/Recreational Marijuana Policy Medical/recreational marijuana remains prohibited for applicants/employees in federally mandated drug testing programs. As such, CommutAir employee use of medical/recreational marijuana is not permitted regardless of state law.

16 16 Types of Testing Pre-Employment Any individual selected for employment must have a verified negative drug test result prior to being hired. Additionally, any employee transferring to a safetysensitive position from a non-safety-sensitive position will also be required to undergo a pre-employment drug test prior to being placed in the safetysensitive position. Employees, who were inactive for more than 180 days, including but not limited to FMLA, military or hardship leave, are subject to pre-employment drug testing. Results have to be received prior to the employee's first day on duty. Post-Accident As soon as practicable after an accident, as defined in FAR 120.7, each covered employee must be drug tested if that employee's performance either contributed to the accident or cannot be discounted as a contributing factor to the accident. The determination not to test can only be made by the Executive Vice President. A covered employee who is subject to post-accident drug testing will remain readily available for testing or may be deemed by the company to have refused to submit to testing. Attempts to conduct post-accident drug testing will cease 32 hours after the accident, even if no drug test has been conducted. The employee must be escorted to and from the testing site. Employees who are subject to post-accident testing are placed on paid administrative leave until the test results are received and verified. Post-Incident Every employee shall be subject to post-incident (outside the scope of DOT regulations) drug testing. As soon as practicable after an incident, each employee involved in the incident must be drug tested with no regard as to who was at fault. An employee who is subject to post-incident drug testing will remain readily available for testing or may be deemed by the company to have refused to submit to testing. Attempts to conduct post-incident drug testing will cease 32 hours after the incident, even if no drug test has been conducted. The employee must be escorted to and from the testing site, if on-site testing cannot be arranged. Employees who are subject to post-incident testing are placed on paid administrative leave until the test results are received and verified.

17 Random All employees shall be subject to unannounced drug testing on a random basis. The selection of employees for random testing shall be conducted by the TPA in a scientifically valid manner. Random testing will be conducted at varying times during the workday and dates, which will remain unknown to the selectee until just prior to collections. Employees must report without delay to the designated collection site upon notification. Failure to report without delay is considered a refusal to test. Reasonable Cause Employees must submit to a drug test if the company has determined that reasonable cause exists. This determination must be based on two trained supervisor's observations of specific, contemporaneous physical, behavioral or performance indicators of possible drug use. Two supervisors, at least one of them trained in recognizing the symptoms of possible drug use, shall concur in the decision to test. Once it has been determined that sufficient justification exists to test, the employee must be immediately escorted to and from the designated testing location for drug testing. Once the testing is complete, the employee must be provided transportation home and is placed on paid administrative leave pending the result of the drug test. An employee's arrest for or conviction of a drug-related offense, or identification of an employee as the focus of a criminal investigation into illegal drug possession, use or trafficking may result in a reasonable cause test as well as potential further disciplinary action for felony convictions. Return to Duty and Follow-up Return to duty testing applies for any employee who voluntarily went into a substance or alcohol addiction program or any employee who violated this policy and was referred to a substance or alcohol addiction program. Once a notification is received from the treating physician or counselor, that the employee has successfully completed the rehabilitation program and is cleared to come back to work, CommutAir's DER will schedule a return to duty test for alcohol and/or drugs. A verified negative return to duty test result is required prior to the employee's first day at work. Subsequently, the employee is subject to unannounced follow-up testing at a minimum of 6 alcohol and/or drug tests during the first 12 months after returning to work. All Return to duty and Follow-up urine drug screen collections shall be observed collections. 17

18 18 Drug Testing Process All CommutAir drug tests are administered following DOT guidelines and regulations including: Privacy Employees are permitted to provide urine specimens in private, unless an observed collection is mandated by the MRO or federal regulation (i.e. returnto-duty or follow-up testing), but are subject to strict scrutiny by collection personnel to avoid any alteration, tampering or substitution of the specimen. Split Specimen Collection All specimen collections will be conducted in accordance with procedures prescribed in 49 CFR Part 40, using a split specimen procedure. Trained and certified collection personnel will conduct urine collections. Confidentiality is required from collection sites and labs. If the result of the primary specimen is confirmed positive, the employee has 72 hours after receiving notice that the MRO has verified the test as positive in which to exercise his/her option to request a test of the split specimen. The request to have the split specimen tested at a different certified laboratory has to be made to the MRO directly by the employee. The MRO cannot delay verification of a primary specimen test result because an employee has requested the split specimen be tested. Employer or agency action after the verification of the primary specimen is not stayed during the request period or while waiting for split specimen test results. The employee may request that the split sample be tested at the original or another DHHS certified laboratory. The laboratories shall follow chain-ofcustody procedures. In case the result of the split specimen analysis is negative after an initial confirmed positive, it shall be reported as a failure to reconfirm. The test will be cancelled and the donor will be sent for immediate recollection under direct observation.

19 MRO Review To ensure that every employee is tested is treated fairly and to ensure the employee's privacy, CommutAir's Third Party Administrator shall employ a Medical Review Officer ("MRO"). The MRO responsibilities include the following: 1. Receive confirmed positive results from the laboratory. 2. Request, if necessary, quantitative description of test results. 3. Review and interpret positive laboratory results. 4. Review and interpret questionable laboratory results (e.g., adulterated specimens). 5. Inform tested individual of the test results. 6. Conduct a medical interview with the employee. 7. Review medical history and/or any other relevant biomedical factors. 8. Provide an opportunity to discuss the test results. 9. Arrange testing of the split sample as per employee's request at another certified laboratory. 10. Consult with laboratory officials. 11. Not receiving Urinalysis Results that do not comply with mandatory guidelines. 12. Forward results of verified positive tests to Program Administrator (DER). 19 Negative Dilute Test Results CommutAir does not retest on negative dilute test results.

20 20 Donors Checklist The collection of urine samples will be conducted under procedure mandated by the Department of Transportation for both DOT tests and NON-DOT tests. DOT regulations provide for your individual privacy unless there is reason to believe that you may have altered or substituted the urine specimen. Please take a few minutes to read the following information, which describes your role in the testing process. 1. Present required photo ID to the collector. If you do not have a photo ID, a company representative will be asked to identify you. 2. You may ask to show the collector to show his/her identification. 3. Remove any unnecessary outer garments, e.g. coat, jacket, hat. All personal belongings (e.g., purse, briefcase) must remain with outer garments. You must empty all pockets. You may retain your wallet. You may ask for a receipt. 4. When instructed by the collector, wash and dry your hands. 5. You will be provided with a sealed specimen bottle or collection container, or the collector may unwrap it in your presence. 6. You may provide the specimen in the privacy of a stall or otherwise partitioned area that allows for privacy. 7. You should observe the entire collection procedure. The collector will check the specimen for volume, temperature and color. The collector will then seal the bottle. 8. You should initial the identification label on the specimen bottle to certify it is your specimen. 9. You should complete the information on copies 3-5 of the custody and control form. You will be given a copy of the completed form after the collector has completed his/her certification. 10. You should NOT list prescriptions/medications on any copy of the form other than the one you are given for your own records. 11. The results of the laboratory analysis will be forwarded to your employer's MRO. If the laboratory results are negative, the MRO will notify your employer. If the lab results are positive, the MRO will contact you at the phone number you provided to give you the opportunity to discuss the test results and to submit information demonstrating authorized use of the drug(s) in question.

21 21 PROHIBITED CONDUCT AND CONSEQUENCES AMPP Prohibited Conduct On-Duty Use Employees may not consume alcohol in any form during the workday. Reporting to duty impaired. Refusal to Test Use after an Accident Covered employees with knowledge of an accident involving an aircraft for which they performed a safety-sensitive function at or near the time of the accident may not use alcohol for 8 hours after the accident unless they have been given a post-accident test, or the company has determined that their performance could not have contributed to the accident. Such determination can only be made by the Executive Vice President. Purchasing Alcohol While on Duty or in Uniform No employee shall purchase alcohol while on duty or in Company uniform with the exception of the purchase of duty-free alcohol products. The employee has to ensure that the container is sealed and not openly visible. Arrests and Convictions The arrest or conviction of any employee for an alcohol-related offense, including but not limited to driving under the influence (DUI), driving while intoxicated (DWI) or operating while intoxicated (OWI) may subject that employee to a reasonable suspicion alcohol test. It is strongly encouraged for employees with those types of offenses to seek evaluation and/or treatment. Consequences to Violation of AMPP Any employee who receives one (1) verified positive test result of 0.02 or higher on a company mandated breath alcohol test will be immediately suspended from duty without pay and terminated from employment with CommutAir. In those cases where alcohol testing results in the termination of employment, all termination notices will list "misconduct" as the reason. Termination shall be deemed "for cause" and "violation of company policy". Employee Rights in Event of Positive Alcohol Test If an initial breath alcohol test results in a BAC of 0.02 or higher the BAT will automatically start a 15 minute waiting period. After the waiting period another breath alcohol test is performed. Only if the confirmation test also registers a BAC of 0.02 or higher the initial result shall be considered confirmed and positive.

22 22 Drug Testing Policy-Prohibited Conduct Use, manufacture, distribution or sale of illegal drugs or prescription medication not prescribed to the employee on company premises or while on duty. Intentional adulterating, substituting or diluting a urine specimen with the intent to conceal the presence of illegal substances. Refusal to comply with the testing process, refusal to submit to a drug test under this policy or not remaining readily available for post-accident or post -incident testing. Arrests and Convictions The arrest or conviction of any employee for a drug-related offense may result in a reasonable cause test. A drug related felony conviction is grounds for termination. Consequences to Violation of Drug Program A violation of this Drug policy will result in immediate disciplinary action up to and including suspension and termination. In those cases where substance testing results in the termination of employment, all termination notices will list "misconduct" as the reason. Termination shall be deemed "for cause" and "violation of company policy". Employee Rights in Event of Positive Drug Test If a non-negative result is reported to the MRO, the MRO will conduct a medical interview with the employee over the phone as outlined in DOT regulations. If the MRO verifies the drug test as positive, she will advise the employee of the possibility to test the split sample at a different laboratory and make the necessary arrangements. However all the procedures and consequences apply for a positive test immediately after the MRO verifies the initial test, including suspension and applicable disciplinary action. If the results of the split sample test do not reconfirm the initial results, the test is considered invalid and another collection will immediately be ordered. SAP Referral Any employee or applicant who violates CommutAir's Drug and Alcohol Policy will be advised in writing to obtain an evaluation from a SAP to determine if he/ she is in need of assistance. All conversations between the employee and the SAP shall be confidential. The SAP shall report to the DER as needed in compliance with the return to duty process outlined in this policy.

23 23 Return to Duty Process Employees are continually encouraged to voluntarily seek help for problems involving drugs and alcohol through treatment programs. CommutAir will cooperate with employees who recognize they have an alcohol or drug problem and request assistance. They will be given the opportunity to seek treatment in accordance with company FMLA and hardship leave guidelines. These considerations do not apply, if an employee discloses a substance abuse or alcohol abuse problem after being notified of a required drug or alcohol test. Testing will continue as mandated and the employee will face any consequences that may result as outlined in this policy. The employee seeking treatment has to get evaluated by a qualified substance abuse professional (SAP) and follow the treatment plan. Once treatment is completed successfully and the SAP releases the employee back to duty, a return to duty test for alcohol and/or drugs will be scheduled through CommutAir. Only if this test is verified negative can the employee come back to work. Over the next 12 months after returning to work, the employee will be mandated to undergo at least six (6) random follow-up tests.

24 24 POLICIES FOR DOT COVERED EMPLOYEES Drug Testing Policies and Procedures Regulatory Compliance Regulations issued by the Department of Transportation (DOT) and the Federal Aviation Administration (FAA) require that each air carried holding a FAR 121 certificate maintain a drug testing program (FAR 120 and DOT 40). In accordance with these federal regulations CommutAir has put policies and procedures in place to ensure the integrity of the drug testing program for employees in safety sensitive job functions. No employee shall possess, use, distribute or sell illegal drugs, or legal drugs obtained without prescription, at any time. No employee shall report to work under the influence of illegal drugs. No employee shall possess, use, distribute or sell drug paraphernalia or literature promoting drug use. Procedures Procedures outlined in DOT 40 shall apply to all CommutAir drug tests, including split sample collection and MRO review. Alcohol Misuse Prevention Policy and Procedures for Safety Sensitive Employees Regulatory Compliance Regulations issued by the Department of Transportation (DOT) and the Federal Aviation Administration (FAA) require that each air carrier holding a FAR 121 certificate maintain an Alcohol Misuse and Prevention Program (AMPP). FAR 120 and DOT 40 In accordance with these federal regulations CommutAir has put the policies and procedures for safety sensitive employees in place to ensure the integrity of the Drug and Alcohol Program for employees in safety sensitive job functions. Notwithstanding the absence of an alcohol test, no employee shall report for duty or remain on duty while under the influence or impaired by alcohol. No employee will consume alcohol while on duty, in uniform or on company premises. Flight Crewmembers and Flight Attendants shall not report to work within ten (10) hours of consuming alcohol. All other covered employees shall not report to work within eight (8) hours of consuming alcohol.

25 Alcohol Testing Process All alcohol tests mandated through this policy will use the following procedures: Preparation for Breath Alcohol Testing When the employee enters the alcohol testing location, the breath alcohol technician (BAT) /screening test technician (STT) will require the employee to provide positive identification (photo I.D. or identification issued by CommutAir). On request, the BAT/STT will provide positive identification to the employee. The BAT/STT will explain the testing procedures to the employee. 25 Screening Tests The BAT/STT will complete Step 1 on the alcohol testing form (ATF), and the employee will then complete Step 2 on the form, signing the certification. Refusal by the employee to sign this certification will be regarded as a refusal to take the test. Breath Tests An individually sealed mouthpiece will be opened in view of the employee and the BAT and will be attached to the evidential breath-testing device (EBT) in accordance with the manufacturer's instructions. The BAT will instruct the employee to blow forcefully into the mouthpiece for at least 6 seconds or until the EBT indicates that an adequate amount of breath has been obtained. If the EBT does not have a printer capable of generating a printed result showing a sequential test number, the manufacturer's name for the device, the device's serial number, and the time and date of the test, the BAT will record the displayed result, test number, testing device, serial number of the testing device, date, time and quantified result in Step 3 of the form. The BAT will then complete the rest of Step 3 in its entirety. If the EBT provides a printed result, but does not print the results directly onto the form, the BAT will show the employee the result displayed on the EBT. The BAT will then affix the test result printout to the breath alcohol test form (ATF) in the designated space, using a method that will provide clear evidence of removal (e.g., tamper-evident tape). If the EBT prints the test results directly onto the form, the BAT will show the employee the result displayed on the EBT and on the alcohol test form (ATF). In any case in which the result of the screening test is a breath alcohol concentration of less than 0.02, the BAT will date the form and sign the certification in Step 3 of the form. If a test result printed by the EBT does not match the displayed result, the BAT will note the disparity in the remarks section. Both the employee and the BAT will initial or sign the notation. The test is then invalid and CommutAir and the employee will be so advised. No further testing is authorized. The BAT will transmit the result of less than 0.02 to CommutAir in a confidential manner and CommutAir will receive and store the information so as to ensure that confidentiality is maintained as required.

26 26 Saliva Alcohol Screening Device (ASD) The BAT/STT will check the expiration date on the device or on the package containing the device and show it to the employee. A device must not be used after its expiration date. The BAT/STT will open an individually wrapped or sealed package containing the device in the presence of the employee. The BAT/STT will offer the employee the opportunity to use the device. The BAT/STT will instruct the employee to insert it into his/her mouth and use it in a manner described by the device's manufacturer. If the employee chooses not to use the device, or in all cases in which a new test is necessary because the device did not activate, the BAT/STT must insert the device into the employee's mouth and gather saliva in the manner described by the device's manufacturer. When the device is removed from the employee's mouth, the BAT/STT must follow the manufacturer's instructions regarding the necessary next steps to ensure that the device has activated. The BAT/STT must read the result displayed on the device no sooner than the device's manufacturer instructs. In all cases the result displayed must be read within 15 minutes of the test. The BAT/STT must then show the device and its reading to the employee and enter the result on the alcohol test form (ATF). The BAT/STT must note the fact that a saliva alcohol screening device (ASD) was used in Step 3 of the ATF.

27 27 Confirmation Tests If the result of the screening test is an alcohol concentration of 0.02 or greater, a confirmation test will be performed. If a different BAT will conduct the confirmation test, the BAT who conducts the screening test will complete and sign step 3 of the alcohol test form (ATF). The BAT will provide the employee with Copy 2 of the form. In the presence of the employee, the BAT will conduct an air blank to ensure that the device is working correctly. You must show the reading to the employee. The air blank result must be If the reading is greater than 0.00, the BAT will conduct one more air blank. If the reading is greater than 0.00, testing will not proceed using the instrument. However, testing may proceed on another instrument. The BAT will instruct the employee not to eat, drink, put any object or substance in his or her mouth, and, to the extent possible, not belch during a waiting period before the confirmation test. This time period begins with the completion of the screening test, and will not be less than 15 minutes. The BAT will explain to the employee the reason for this requirement (i.e., to prevent any accumulation of mouth alcohol leading to an artificially high reading) and the fact that it is for the employee's benefit. The BAT will also explain that the test will be conducted at the end of the waiting period, even if the employee has disregarded the instruction, the BAT will so note in the Remarks section of the ATF. If a BAT other than the one who conducted the screening test is conducting the confirmation test, the new BAT will initiate a new breath alcohol testing form. The BAT will complete step 1 on the form. The employee will then complete Step 2 on the form, signing the certification. Refusal by the employee to sign this certification will be regarded as a refusal to take the test. The BAT will note in the Remarks section of the form that a different BAT conducted the screening process. If the employee does not sign the certification in Step 4 of the form, it will not be considered a refusal to be tested. In this event, the BAT will note the failure to sign in the Remarks section of the form.

28 28 Invalid Breath Alcohol Test A breath alcohol test is invalid under the following circumstances: The EBT does not pass its next external calibration check (invalidates all test results of 0.02 or greater on tests conducted since the last valid external calibration test); this does not invalidate negative tests). The breath alcohol technician does not observe the minimum 15-minute waiting period prior to the confirmation test. The breath alcohol technician does not perform an air blank on the EBT before a confirmation test, or such an air blank does not result in a reading of The breath alcohol technician does not sign the form. An EBT fails to print a confirmation test result. The sequential test number or alcohol concentration displayed on the EBT is not the same as the sequential test number or alcohol concentration on the printed result. Types of Testing Pre-Employment Any individual selected for employment in a safety sensitive position must have a verified negative drug test result prior to being hired. Additionally, any employee transferring to a safety-sensitive position from a non-safety-sensitive position will also be required to undergo a pre-employment drug test prior to being placed in the safety-sensitive position. Post-Accident As soon as practicable after an accident, as defined in FAR 120.7, each covered employee must be drug and/or alcohol tested if that employee's performance either contributed to the accident or cannot be discounted as a contributing factor to the accident. The determination not to test can only be made by the Executive Vice President. A covered employee who is subject to post-accident drug and/or alcohol testing will remain readily available for testing or may be deemed by the company to have refused to submit to testing. Attempts to conduct post-accident drug and/or alcohol testing will cease 32 hours after the accident, even if no test has been conducted. The employee must be escorted to and from the testing site.

29 Random All covered employees shall be subject to unannounced drug and/or alcohol testing on a random basis. 29 The random-select and testing process will be conducted at varying times during the workday and dates, which will remain unknown to the selectee until just prior to collections. Employees must report without delay to the designated collection site upon notification. Failure to report without delay is considered a refusal to test. Reasonable Suspicion/Cause Employees must submit to a drug and/or alcohol test if the company has determined that reasonable suspicion/cause exists. This determination must be based on two supervisor's observations of specific, contemporaneous physical, behavioral or performance indicators of possible drug or alcohol use. At least one of the supervisors must be trained in recognizing the symptoms of possible drug and/or alcohol use. Once it has been determined that sufficient justification exists to test, the employee must be immediately escorted to and from the designated testing location for drug testing and removed from all safety sensitive duties. Once testing is complete, the employee must be provided transportation home and is placed on paid administrative leave pending the test results. Return to Duty and Follow-up The guidelines of DOT 40 Subpart O apply for all covered employees. Return to duty testing is conducted for any employee who voluntarily went into a substance or alcohol addiction program as directed by a SAP prior to returning to work. Once the employee is back on duty unannounced follow-up testing is required at a minimum of 6 tests during the first 12 months or as mandated by the employee's SAP. Return to duty and follow-up drug and/or alcohol tests shall be observed collections.

30 30 Drug Testing Policy-Prohibited Conduct Prohibited Conduct includes: Use of illegal drugs or prescription medication not prescribed to the employee at any time. Manufacture, distribution or sale of illegal drugs or prescription medication. Intentional adulteration, substitution or dilution of a urine specimen to conceal the presence of illegal substances. Refusal to comply with the testing process, refusal to submit to a drug test under this policy or not remaining readily available for post-accident testing (Ref. Refusal to Test). AMPP-Prohibited Conduct Prohibited Conduct includes: Pre-Duty Use Employees may not perform Flight Crewmember, Flight Instructor, Flight Attendant duties within ten (10) hours after consuming alcohol. Employees may not perform Aircraft Dispatcher, Aircraft Maintenance/Preventative Maintenance, Ground Security Coordinator duties within eight (8) hours after consuming alcohol. On-call employees who are not at work, but could be called to perform safetysensitive functions, are subject to the pre-duty alcohol (i.e., they would have to decline a call to work if acceptance would result in performing safetysensitive duties within the mandated time limits). NOTE: Even if the time requirements are met, it is the employee's responsibility to ensure that alcohol concentration level is below 0.02 when reporting to work or while on duty. On-Duty Use Employees may not consume alcohol in any form during the workday or on company premises. Use after an Accident Covered employees with knowledge of an accident involving an aircraft for which they performed a safety-sensitive function at or near the time of the accident may not use alcohol for 8 hours after the accident unless they have been given a post-accident test, or the company has determined that their performance could not have contributed to the accident. Such determination can only be made by the Executive Vice President. Refusal to Test Reference Refusal to Test in this policy. Purchasing Alcohol While on Duty or in Uniform No employee shall purchase alcohol while on duty or in company uniform with the exception of the purchase of duty-free alcohol products. The employee has to ensure that the container is sealed and not openly visible.

31 Refusal to Submit to Testing No employee shall refuse to submit to a DOT mandated post-accident, random, reasonable suspicion/cause, or follow-up alcohol test or urine drug test. No applicant shall refuse a DOT mandated pre-employment drug test. 31 CommutAir will not permit a covered employee or an applicant who refuses to submit to a test to perform any safety-sensitive job duties. Circumstances That Constitute a Refusal An employee is considered to have refused to take an alcohol test in case of: Failure to appear for any test within a reasonable time after being directed to do so by the employer. Failure to remain at the testing site until the testing process is complete. Failure to provide an adequate amount of breath for any alcohol test required (shy breath). Failure to provide a sufficient breath specimen and the physician has determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. Failure to remain readily available for post-accident testing. Failure to undergo a medical evaluation or evaluation as directed by the employer as part of the insufficient breath procedures outlined in DOT (c). Failure to sign the certification at Step 2 on the Alcohol Testing form. Failure to cooperate with any part of the testing process. An employee is considered to have refused to take a drug test in case of: Failure to appear for any test within a reasonable time after being directed to do so by the employer. Failure to remain at the testing site until the testing process is complete. Failure to provide an adequate amount of urine for any drug test required (shy bladder). Failure to provide a sufficient urine specimen and the physician has determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. Failure to undergo a medical evaluation or evaluation as directed by the employer as part of the insufficient urine (shy bladder) procedures. Failure to remain readily available for post-accident testing. Failure to complete the required information on the Custody and Control Form. Failure to cooperate with any part of the testing process. Refusal to submit to a pre-employment test is not a violation of FAA rule, but a refusal will preclude any person from being hired for a safety-sensitive function, unless he or she completes the SAP and return-to-duty processes.

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