Drug Free Workplace and Drug and Alcohol Testing Policy Policy Number 4-C-4000 Original Issue Date: 01/01/2016 Effective Date: 12/22/2016 PREPARED BY: APPROVED BY: Jen Dellmuth Senior Counsel Chris Wolf, Senior Vice President, Human Resources This document does not contain technical data as defined in the ITAR, 22 CFR 120.10 or technology as defined in the EAR, 15 CFR 772.1. REVISION HISTORY DATE SECTION AFFECTED DATE SECTION AFFECTED 12/22/2016 All Sections
I. PURPOSE Orbital ATK is committed to maintaining a work environment that is free from the influence of alcohol and illegal drug use to protect the health, safety and well-being of its employees, customers and visitors. This policy is intended to reflect Orbital ATK s compliance with the Drug-Free Workplace Act of 1988 and Department of Defense (DoD) regulations requiring federal contractors to maintain a drug-free workplace. This policy also informs applicants and employees when they may be subject to a drug or alcohol test and the consequences of a positive test or of refusing to take a test when requested to do so. II. SCOPE This policy applies to Orbital ATK and all of its associated companies and their employees and applicants for employment. Orbital ATK also expects its customers, consultants, independent contractors, temporary agency employees, on-site or resident customers and any other person or entity doing business on Orbital ATK property to conduct themselves in accordance with the Drug-Free Workplace standards within this policy. The drug and alcohol testing provisions of this policy do not apply to Orbital ATK drivers who operate commercial vehicles and fall under the Federal Motor Carrier Safety Regulations provisions; drug and alcohol testing for such employees is covered by Orbital ATK s DOT Covered Driver Drug and Alcohol Testing Policy (Policy Number 4-C-4006). To the extent this Policy is inconsistent with the terms of an applicable collective bargaining agreement, the terms of that agreement will control with respect to covered employees to the extent permitted by law. III. POLICY A. Drug-Free Workplace Standards Orbital ATK considers the use of alcohol and drug abuse unsafe in the work environment. Orbital ATK prohibits the unlawful possession, use, purchase, sale, dispensation, distribution, or manufacture of, or impairment by, any controlled substance on any company-operated premises (including grounds and parking facilities), in vehicles used for company business, or anywhere else while working on company business. The use or possession of prescription drugs for a purpose for which, or by a person for whom, they were not prescribed is also prohibited. Further, employees are prohibited from consuming, possessing or being under the influence of alcohol or other controlled substances while on company premises, in company vehicles, or during company business or working time. These prohibitions apply to breaks and meal periods, even if the employee is away from the worksite or off the clock during that time. Employees must, as a condition of continued employment, (1) abide by the terms of this policy and (2) notify Human Resources of any conviction under a criminal drug statute or any plea of guilty, no contest, or suspended imposition of sentence that has been entered on a criminal drug statute charge for a violation occurring in the workplace or while conducting company business. This notice must be in writing and provided within five days of the conviction, plea, or imposition. An employee violating this policy is subject to corrective action up to, and including, termination from employment. Drug Free Workplace and Drug and Alcohol Testing Policy Page 2 of 7
B. Limited Exceptions to Drug-Free Workplace Standards Certain Orbital ATK employees may spend time with clients, suppliers, and/or customers in social situations where the consumption of alcohol is customary. Also, the Company may sponsor events or functions at which alcohol will be served. Under these circumstances, the moderate use of alcohol is acceptable, provided that it is within social norms and legally established limits. Employees who are conducting Company business or engaging in Company activities are representatives of the Company, and are required to appropriately limit their alcohol intake and always conduct themselves in a professional and responsible manner. The Company will reimburse a taxi cab or other transportation for an employee who is served alcohol at a Company event, if it is concluded by the employee or others observing the employee that the employee should not drive. C. Definitions 1. Illegal Drugs means Controlled Substances, and includes the use of prescription drugs that are used for a purpose or by a person for whom they were not prescribed. 2. Controlled Substances means those substances whose distribution is controlled by regulation or statue, including but not limited to marijuana, cocaine, opiates, amphetamines, phencyclidine, and synthetic chemicals intended to mimic the effects of illegal drugs, such as synthetic cannabinoids (sometimes called K2 or Spice ). Marijuana is included as a controlled substance under this policy even in states or localities where marijuana use is lawful, whether or not such use is pursuant to a valid medical prescription. 3. Positive Drug Test means test results showing the presence of any level of illegal drugs as determined by a confirmatory test. Drug tests will typically test for Amphetamines, Cocaine, Marijuana, Phencyclidine (PCP), Opiates, Barbiturates, Benzodiazepines, Propoxyphene, Methadone and Methaqualone, but the Company may modify the substances screened in a drug test from time to time. 4. Alcohol means all forms of alcohol. 5. Positive Alcohol Test means a test showing a blood-alcohol level of 0.04 or greater as determined by a confirmatory test. 6. MRO means the medical review officer, a licensed physician who has passed an MROcertifying examination and has been designated by the Company, off-site collection location, or properly certified laboratory to review and interpret drug and alcohol testing results. D. Drug and Alcohol Testing 1. When Testing May Be Required. All employees and applicants must submit to drug and/or alcohol testing under the circumstances identified below a) Pre-Employment Testing. All applicants must undergo drug testing after a conditional offer of employment has been made. Former employees who are re-hired within 45 calendar days of their last day of employment with Orbital ATK may not be required to do a pre-employment drug test if they have had a negative drug test with Orbital ATK within the past six months. Drug Free Workplace and Drug and Alcohol Testing Policy Page 3 of 7
b) Reasonable Suspicion Testing (includes Post-Incident Testing). Orbital ATK will conduct drug and/or alcohol testing if Orbital ATK has a reasonable suspicion that: (a) an employee is under the influence of illegal drugs or alcohol; (b) an employee has violated this policy (including but not limited to the discovery of drug or alcohol paraphernalia or a credible report of drug or alcohol use); (c) an employee has caused injury to him- or herself, or has knowingly or unknowingly caused another employee to be injured or killed, under circumstances where drug or alcohol use reasonably may have contributed to the incident; and/or (d) the employee has knowingly or unknowingly caused or contributed to a work-related accident resulting in more than a trivial amount of property damage. Orbital ATK may have a reasonable suspicion that an employee is under the influence of illegal drugs or alcohol if the employee is perceptively impaired, including displaying slurred speech or impaired alertness, coordination, reactions, balance, responses, or efforts; if there is a perceptible odor of illegal drugs or alcohol on the employee s person; or if the employee s condition or behavior presents the appearance of unprofessional or irresponsible conduct detrimental to the public s perception of the Company, and the Company determines the employee s condition or behavior may be caused by the use of illegal drugs or alcohol. In the event Orbital ATK conducts reasonable suspicion testing, the employee may be suspended, transferred to another position, or required to use PTO pending the outcome of the initial screening test and confirmatory test when the Company believes such action is necessary to protect the health and safety of the employee, coworkers, or the public. An employee who has been suspended without pay will be reinstated with backpay if the outcome of the initial screening test or confirmatory test is negative. c) Treatment Program Testing. When an employee has volunteered or been referred by Orbital ATK for chemical dependency treatment or evaluation, or when the employee is participating in a chemical dependency treatment program under an employee benefit plan, Orbital ATK may require the employee to undergo drug and/or alcohol testing periodically, without prior notice, at least annually for a period of up two years following completion of the program. d) Random testing. Employees may be subject to unannounced drug testing (but not alcohol testing) on a random selection basis. Random selection means any employee within the group eligible for testing has the same chance of being selected as any other employee. Location Human Resources maintains a list of all positions subject to random testing and the random selection procedures for any locations conducting random drug testing. 2. Right to Refuse to Submit to Drug or Alcohol Testing. An employee or applicant has the right to refuse to be tested or retested. An applicant who refuses to submit to required drug or alcohol testing will have the conditional job offer revoked. An employee who refuses to submit to required drug or alcohol testing will be considered to have voluntarily terminated his or her employment. An employee who is requested to but is unable to provide a sufficient urine sample within a reasonable period of time due to legitimate and confirmed medical reasons will not be considered to have refused, but will be asked to provide a blood or hair sample for testing. 3. Effect of Tampering, Adulterating, or Interfering with a Test An applicant who tampers, adulterates, otherwise interferes with a test, or who, in the opinion of the testing personnel or MRO, has provided a sample that is insufficient for any reason, will be deemed to have refused to take a test and will have the conditional job offer revoked. An employee who tampers, adulterates, or otherwise interferes with a test, or who, in the opinion of the testing personnel or MRO, has provided a sample that is insufficient without legitimate medical reason, will be deemed to have refused to take a test and will be considered to have voluntarily terminated employment. If a Drug Free Workplace and Drug and Alcohol Testing Policy Page 4 of 7
specimen is diluted or untestable for any reason, the Company reserves the right to deem that the employee has refused to take the test or to reject the test and require the employee or applicant to submit to a retest. 4. Testing Procedures All testing procedures will be conducted in compliance with applicable federal and state laws and regulations, including specimen collection, laboratory testing and certification, and communication of results. Relevant portions of those testing procedures are summarized below. a) Testing Sample and Laboratory. A sample will be collected from the employee in accordance with established collection procedures. Testing will typically occur on urine samples, but may be conducted on breath (alcohol testing only), blood, or hair samples. Sample collection and initial screening may occur on-site (typically by an onsite medical or fire department or other designated collection site) or an off-site certified collection facility. Confirmatory testing will be performed only by a certified laboratory. b) Initial Screening. An initial screening will be conducted on sample first. If the initial screening test is negative and the sample is not suspected to be an adulterated, substituted, diluted or non-human specimen, Orbital ATK will accept that result. If the initial screening test is positive, the testing laboratory will run a confirmatory test. c) Confirmatory Test. If the confirmatory test is negative, Orbital ATK will accept that result. If the confirmatory test is positive (or other than negative, such as adulterated, substituted, diluted or non-human urine specimen), a Medical Review Officer (MRO) will review the test. The MRO has appropriate medical training to interpret and evaluate an individual s test result, as well as his/her medical history and any other relevant biomedical information. Employees should inform the MRO or testing facility of any reasons for the positive test, including any prescription medication the employee has taken, to assist the MRO in determining the final result of the test. Based on his or her review, the MRO will inform the company of his or her determination, which may be 1) the test should be considered negative; 2) the test should be considered positive; 3) the test should be considered adulterated, substituted, diluted, non-human or otherwise tampered with (such that the Company will consider it a refusal to be tested); or 4) that the test was deficient but for legitimate reasons and the employee should be retested using the same or different sample or type of sample. The Company will accept the MRO s determination. 5. Notice and Discussion of Results Orbital ATK will notify a job applicant or an employee of a positive test result. On request, an employee may receive a written copy of the test results. On request, an employee also has the right to explain, in a confidential setting, a positive test result. 6. Confirmatory Retest After receiving notice of a confirmatory positive test result, an applicant or employee may request a confirmatory retest of the original sample at the employee s own expense, which may occur at the original laboratory or an alternate certified laboratory selected by the employee but approved by Orbital ATK. An employee must request a confirmatory retest from location Human Resources within five (5) working days of receiving notice of the positive test result. Drug Free Workplace and Drug and Alcohol Testing Policy Page 5 of 7
7. Confidentiality Test results and all information acquired in the testing process will only be disclosed to persons with a need to know such information. 8. Disciplinary Action for Positive Test Result Unless contrary to applicable law, any employee that has an MRO-confirmed positive drug or alcohol test result will be terminated absent compelling mitigating circumstances. If an employee timely requests, receives, and pays for a confirmatory retest, and the confirmatory retest is negative, the employee will be reinstated with backpay for the time lost. Orbital ATK will rescind the conditional offer of employment to any applicant on the basis of a positive drug test. 9. Costs. All costs for drug and alcohol testing requested by the Company under this Policy, including any costs in transporting an employee to an off-site testing facility, will be paid by the Company. If an employee requests a confirmatory retest (described above), the employee will pay the cost of a confirmatory retest. E. Voluntary Request for Rehabilitation 1. If an employee voluntarily admits to a substance abuse problem prior to being requested to take a drug or alcohol test pursuant to this policy, the employee will be given the opportunity to participate in either a drug or alcohol counseling or rehabilitation program at the employee s own expense, or pursuant to coverage under an employee benefit plan. 2. The employee will be required to sign a rehabilitation letter of agreement and a consent/authorization that allows Orbital ATK to receive the results of any assessment and progress reports during the employee s rehabilitation program. Failure to sign either will be considered a voluntary resignation of employment by the employee. 3. The Company may presume that any employee who fails to promptly schedule an appointment for entry into a rehabilitation program or who fails to keep all required appointments or otherwise take actions recommended by the rehabilitation program no longer desires to be employed by Orbital ATK and may be deemed to have voluntary resigned his or her employment. 4. Orbital ATK may opt to place the employee on a leave of absence during any assessment and treatment period, even if the assessment or treatment does not conflict with the employee s work schedule. An employee may also request a leave of absence. 5. Upon successful completion of the program, the employee will normally be returned to work with Orbital ATK. The employee will be required to sign a return to work form acknowledging Orbital ATK s right to require periodic drug and/or alcohol tests, without notice, for up to two years following completion of the program. 6. An employee cannot avoid a scheduled or requested drug or alcohol test or avoid corrective action, up to and including termination, for breach of this policy by volunteering for rehabilitation. An employee who voluntarily admits to a substance abuse problem after being requested to take a drug or Drug Free Workplace and Drug and Alcohol Testing Policy Page 6 of 7
alcohol test will be required to take the requested test and will be subject to disciplinary action accordingly. F. Employee Assistance Program Orbital ATK offers an Employee Assistance Program (EAP) that provides help to employees who suffer from alcohol or controlled substance abuse and/or other personal or emotional problems. Use of the EAP is voluntary and confidential. No employee will be subject to corrective action for voluntarily seeking help through the EAP. An employee, however, may not avoid corrective action by participating in a treatment program or seeking assistance after being identified for testing. IV. REFERENCE DOCUMENTS Orbital ATK DOT Covered Driver Drug and Alcohol Testing Policy Notes: This policy supersedes and replaces any previous policies on the same subject. It does not, and is not intended to, create and actual or implied contract between Orbital ATK and any employee. Orbital ATK reserves the right to interpret, modify, and/or eliminate this and any other Orbital ATK policies at any time without prior notice. This document is not controlling when printed or downloaded; check the online policy for the current version. All employees are employed on an at-will basis, which means that either Orbital ATK or the employee can terminate the employment relationship at any time, with our without prior notice, for any reason not prohibited by law. Drug Free Workplace and Drug and Alcohol Testing Policy Page 7 of 7