1. Document Control Name: HSE-POL-07 Title: Canadian Substance Abuse Policy Dept Owner: HSE Sensitivity: Apply Region: Division: Function: to: All Internal Rev No Change Date Change Description Revision History Originator Approval By: Approval Date MOC No 2 22-Sep-15 Update format T. Downing Dan Pippard, VP HSE 25-Jan-16 DMOC-0050 All 2. Purpose Savanna is committed to providing a safe workplace for its employees, contractors, consultants, clients, and the general public. The use of illicit drugs or the inappropriate use of alcohol, medications and other substances can present a serious danger to workers, property and the surrounding environment. As a preventative measure, the Substance Abuse Policy has been devised to help ensure the safety of all individuals. The purpose of this policy is to establish expectations with respect to drug and alcohol use in the workplace. For the purpose of this policy, drug and alcohol abuse may include the use of illicit drugs as well as the inappropriate use of alcohol, prescription medications and other substances. Any breaches of this policy during employment with Savanna may be grounds for disciplinary action, up to and including termination. 3. Scope This policy applies to all personnel of Savanna and its Subsidiaries. Savanna s Substance Abuse Policy combines drug and alcohol testing along with education and access to assistance to ensure that our employees report to work fit for duty and remain fit for duty at all times while on the job. 4. Definitions & References Worksite means Savanna offices, shops, rig locations, camp facilities, company vehicles and company sponsored accommodation. Safety sensitive position is defined as a position where incapacity due to drugs or alcohol impairment could result in direct and significant risk or injury to the employee, others, the public, property or the environment. Safety sensitive positions typically refer to positions which have a high exposure to catastrophic operational incident and have access to operations where failure could result in serious harm to public or employee well- Doc ID: SESC-672-3170/2 Sensitivity: Internal Uncontrolled if printed Page 1 of 10
being, company assets or the environment e.g. Field Superintendent, Rig Manager, Driller, Operator (WS), Derrickhand, Motorhand, Floorhand, Leasehand, Driver (Company commercial and /or provided vehicles), Boiler Hand, Shop Foreman and Shophand. (This list is for illustrative purposes only) Fit for duty means an individual is in a physical, mental, and emotional state which enables the employee to perform the assigned work tasks in a manner which does not threaten the safety or health of the individual, coworkers, property, or the general public. Reasonable Suspicion is an objectively justifiable suspicion, based on specific facts or circumstances that lead a supervisor or Savanna Management to suspect that an individual is misusing drugs or alcohol. Typically this will occur when a supervisor or Savanna official observes behavior or appearance that is characteristic of drug or alcohol misuse or receives a report that such misuse is being conducted. Just Cause means that the nature and degree of employee misconduct is significant enough that Savanna is justified in terminating the said employee without providing reasonable notice or payment in lieu of notice to him or her. Drug and/or Alcohol Dependency is a mental, physical or psychological dependence on drugs and/or alcohol. Recreational Drug and/or Alcohol Use means that there is no mental, physical or psychological dependence. Employee is an individual currently performing work for Savanna or any of its subsidiaries and is actively employed by Savanna or any of its subsidiaries. Applicant is an individual not currently performing work for Savanna or any of its subsidiaries and is not actively employed by Savanna or any of its subsidiaries. An applicant may include former employees of Savanna and its subsidiaries. 5. Responsibilities Managers and Supervisors are expected to: promote a substance free work place through educating employees on the effects of drugs and alcohol in the workplace and through enforcing this policy; communicate the Substance Abuse policy and procedures to all employees during orientation; identify any situations that may cause concerns regarding an employee s ability to safety perform his/her job functions; monitor policy compliance and take appropriate action as required under this policy; refer an employee for drug and or alcohol screening when required to do so under this policy; ensure that investigations of work related incidents are carried out in accordance with the company incident investigation procedures; and confer with a HR Representative on substance abuse issues as appropriate. HR Representatives are expected to: act as a Savanna resource in matters related to this Policy; Doc ID: SESC-672-3170/2 Sensitivity: Internal Uncontrolled if printed Page 2 of 10
provide confidential information to employees regarding drug and alcohol assistance, including referring employees to the Employee and Family Assistance Program (EFAP); communicate with the Medical Review Officer (MRO) and Substance Abuse Professionals (SAP) as required; maintain confidential and secured records of all test results (including refusals to test), correspondence from the MRO and/ or SAP and employee education and training; and liaise with the employee s supervisor, with respect to employee work limitations, disciplinary action, or termination considerations and advise employee where necessary. Employees are expected to: arrive fit for duty and remain fit for duty during their period of duty; disclose to their supervisor, the use of any prescription or non-prescription medication that may affect or impair their ability to safely perform duties; seek advice on appropriate counselling or treatment if they suspect they have a dependency or an emerging substance abuse issue. This may include contacting Savanna s Employee and Family Assistance Provider (EFAP) for free, 24 hour, confidential advice; and take appropriate actions to ensure a co-worker does not remain in an unfit condition at work. This may include contacting a HR Representative for confidential advice on what action to take. As a condition of employment with Savanna, all employees in safety sensitive positions must acknowledge their understanding and consent of this Substance Abuse Policy and its corresponding expectations and processes detailed in it through signing a copy of Savanna s Substance Abuse Program Release form before commencing work. 6. Policy Statements 6.1 Prohibitions Savanna strictly prohibits the following while at the worksite. Employees found in violation shall be immediately removed from the workplace and will be subject to disciplinary action up to and including termination. 6.1.1 Drugs No employee shall ever report for duty or remain on duty while under the influence of illicit drugs. No employee shall use, possess, distribute or offer for sale illicit drugs, drug paraphernalia, or product or device that could tamper with any sample for an alcohol or drug test. 6.1.2 Alcohol. No employee shall report for duty or remain on duty while having a confirmed alcohol concentration of 0.02 grams per 210 litres of breath or greater. No employee shall consume, possess, distribute or offer for sale alcohol while on duty. 6.1.3 Prescription Medications & Other Substances Doc ID: SESC-672-3170/2 Sensitivity: Internal Uncontrolled if printed Page 3 of 10
No employee shall intentionally misuse prescription or over the counter medications or other such substances in such a manner as to render themselves unfit to safely perform that employee's duties. An employee is required to disclose to their Supervisor any prescription (including a medical marijuana certificate) or over the counter medication being taken that may affect their ability to safely perform their duties. 6.2 Screening Savanna reserves the right to test potential or current employees in safety sensitive positions in the following circumstances: 6.2.1 Pre-employment All applicants for safety sensitive positions will be required to submit to drug and alcohol testing. Consideration for employment with Savanna is contingent upon successful results. 6.2.2 Post-Incident/Near Miss Incident Drug and alcohol testing will be carried out post incident for all recordable incidents, high potential near misses and all motor vehicle incidents. Only those directly involved in the incident will be subject to post-incident testing. Any drug or alcohol testing conducted following an incident or a near miss incident shall be conducted immediately following the incident or near miss incident. 6.2.3 Reasonable Suspicion An employee may be tested for alcohol or drugs where there is a reasonable suspicion that the employee is under the influence of drugs or alcohol while at a worksite. Observations which may lead to reasonable suspicion testing include but are not limited to: Observed or reported use of alcohol or drugs; Odour of alcoholic beverage on breath or body; Slurred speech; Glassy eyes; Unsteadiness; Flushed face; Disorientation and/or drowsiness; Incidents or injuries; Repeated errors in job performance; Excessive absenteeism or lateness; Observed mood swings or changes in behaviour; and Physical illness on the job. In the event of reasonable suspicion, any such observations must be documented by the employee s supervisor as soon as possible after the observations are made. Where there is a reasonable suspicion that an employee is under the influence of drugs or alcohol while on duty, that employee shall be immediately removed from duty by their supervisor and shall have a drug and/or alcohol test conducted as soon as possible. 6.2.4 Legitimate Customer Requests, including Pre-Access At times Savanna employees may be required to provide drug and alcohol testing as per customer contract in order to gain access or to continue working for the customer. There may be times that Savanna will follow the customer s Substance Abuse/Drug and Alcohol policy rather than Savanna s. This will be stated in the contract and will be communicated to all employees working for that customer. Doc ID: SESC-672-3170/2 Sensitivity: Internal Uncontrolled if printed Page 4 of 10
6.2.5 Return to Duty An employee who has violated this policy and is deemed fit to return to duty shall be tested for drugs and/or alcohol prior to being reinstated. 6.2.6 Follow-up An employee who has violated this Policy and is deemed fit to return to duty may be subject to unannounced testing for drugs and/or alcohol for a specified period of time following that employee's return to work. 6.3 Collection of Specimens and Analysis Savanna utilizes the services of laboratories accredited by the Substance Abuse and Mental Health Services Administration (SAMHSA) which is the certifying agency for drug and alcohol testing laboratories in Canada. Savanna s general practice is to conduct oral fluid tests where possible. Alternate sampling methods may be used upon request by clients or in specific circumstances. Any negative test results conducted through a point of collection test are not sent to the laboratory for confirmation and any non-negative test results are confirmed by the laboratory a second time before being forwarded to Savanna s Medical Review Officer (MRO) for confidential follow up with the business unit s designated HR representative. Savanna s designated HR representative will have exclusive access to the results which are stored in a locked and secure manner separate from personnel files. 6.3.1 Drug Testing Savanna utilizes a urine specimen or oral fluid specimen to drug test for marijuana, cocaine, amphetamines, opiates and phencyclidine with cut off levels as per the SAMHSA guidelines and unit of measure will be BAC (Blood Alcohol Content). For more information on the testing methods or the approved cut off levels, see Appendix A of this policy. 6.3.2 Alcohol Testing Alcohol screen testing will be conducted with an approved saliva tester or breath test. All alcohol screening tests showing an alcohol concentration of 0.02 or higher BAC (Blood Alcohol Content) will be confirmed with an approved Evidential Breath Alcohol Testing Device. For information on the testing methods and approved cut-off levels, see Appendix A of this policy. 6.4 Positive Test Results 6.4.1 Applicants (Pre-Employment) Any applicant who tests positive on a pre-employment drug or alcohol test will not be offered employment with Savanna and will be encouraged to seek assistance from a Substance Abuse Professional (SAP). The applicant will be permitted to reapply for available positions after a period of time of thirty (30) days or longer. If the applicant re-applies, the applicant will again be subject to drug and alcohol testing. If the result is again a positive test, the applicant will not be offered employment with Savanna and will be ineligible to re-apply for a period of one year. 6.4.2 Employees Employees who test positive on a drug or alcohol test will, at a minimum, be suspended without pay and removed from the work site for a 30 day period. During the 30 day suspension, the employee will be required to be assessed by a Substance Abuse Professional (SAP) to determine whether or not a substance dependency exists and the need, if any, for treatment. Doc ID: SESC-672-3170/2 Sensitivity: Internal Uncontrolled if printed Page 5 of 10
In order to return to work at Savanna, the employee will have to provide a letter from a SAP indicating that the employee is fit to return to work. The employee will also have to sign Savanna s Last Chance Agreement and provide a clean return to duty drug and alcohol test. 6.5 Drug and/or Alcohol Dependency Savanna understands that employees may develop a chemical dependency to certain substances and that this is defined as a mental, physical and psychological disability. Savanna promotes the early diagnosis of this disability and encourages employees with a dependency on alcohol or drugs to pursue medical and/or psychological treatment. Savanna will ensure that any employee who asks for help due to a drug or alcohol dependence will not be disciplined for doing so. Employees are encouraged to communicate to Savanna that they have a dependency or have had a dependency so that their rights are protected and they can be accommodated appropriately. Any employee who suspects that he/she might have an emerging drug or alcohol problem is expected to seek appropriate treatment promptly from one of the many resources in the community and/or seek assistance from Savanna s EFAP provider. The EFAP provider offers a free, confidential 24 hour service. An employee who is identified by a Substance Abuse Professional (SAP) as having a substance dependency will be required to complete a substance abuse rehabilitation program sanctioned by their physician prior to return to active duty and provide a letter from their physician indicating that he/she is fit to return to work. The employee will also have to agree to and sign Savanna s Last Chance Agreement as well as provide a clean return to duty drug and/or alcohol test prior to being reinstated. 6.6 Accommodation Employees are encouraged to communicate to Savanna that they have a dependency or have had a dependency so that their rights are protected and they can be accommodated appropriately. If it is known or ought to have been known that an employee has a substance dependency, Savanna will accommodate the employee as per legal requirements. Savanna will ensure any employee who asks for help due to a drug or alcohol dependence will not be disciplined for doing so. During the accommodation process, Savanna will respect the dignity and privacy of the individual requesting accommodation. During this time, the following actions may occur: The employee may take a leave of absence to seek assessment and treatment for a drug and/or alcohol dependency; and The employee will be allowed to return to work upon rehabilitation. During the accommodation process, the employee shall: Inform Savanna if they are currently experiencing a drug and/or alcohol dependency; Disclose previous problems with a drug and/or alcohol dependency only if it is relevant to their current job duties; Provide medical documentation to confirm they have a drug and/or alcohol dependency; and Fully cooperate with the recommendations of professional assessment(s). Doc ID: SESC-672-3170/2 Sensitivity: Internal Uncontrolled if printed Page 6 of 10
Upon the completion of the accommodation process and the recommended treatment program (if applicable) the employee will be subjected to a return to work drug and alcohol test and be required to sign off on Savanna s Last Chance Agreement. Upon confirmation of a negative test and the signed Last Chance Agreement, the employee may return to work. The employee may therein be subject to periodic drug and alcohol testing for a specified period of time from the return to work date. 6.7 Disputes If an employee disagrees with the results of a test, the employee at his or her own expense may request a retest. 6.8 Refusal to Test/Tampering with Test Employees who refuse to test, or who are found to have tampered with a drug or alcohol test, are in violation of this policy and will be subject to appropriate disciplinary action, up to and including termination. 6.9 Re-test Savanna reserves the right to require, without notice, a re-test wherein the first sample has been determined invalid for testing. 6.10 Searches Savanna reserves the right to search employee property for alcohol, drugs, or drug paraphernalia while at the worksite or on Savanna property wherein it reasonably suspects that the policy has been violated. As well, Savanna Clients reserve the right to search employee property for alcohol, drugs or drug paraphernalia while Savanna is operating on the Client s property. Law enforcement agencies may be called in to conduct searches of property and/or people as required. 6.11 Privacy Notification Employee personal information, including test results relating to the controlled substance and breath/alcohol tests, will be collected, used, and disclosed only for reasonable purposes, which relate to your employment, service and potential employment or service and to this Policy. These reasonable purposes include but are not limited to: Determining fitness to perform the essential duties of the job; Compliance with this policy; To disclose to Savanna management, supervisory personnel (including any foreman, supervisor or general manager), and health and safety personnel any suspension, termination, or action taken as a result of a breach of this Policy, including the reasons for such action (and details concerning the test results); To disclose to other Savanna contractors, employees or third parties the fact that an individual has not been hired, or that an employee has been suspended, terminated or will be absent from the workplace; Referrals to a MRO or SAP; Accommodating return to work; and Disciplinary action. Doc ID: SESC-672-3170/2 Sensitivity: Internal Uncontrolled if printed Page 7 of 10
Appendix A. SAMHSA Guidelines Urine Specimen Cutoff Concentration Levels Initial test analyte Initial test cutoff concentration Confirmatory test analyte Confirmatory test cutoff concentration Marijuana metabolites 50 ng/ml THCA 15ng/ml Cocaine metabolites 150 ng/ml Benzoylecgonine 100 ng/ml Opiate metabolites. Codeine/Morphine 2 2000 ng/ml Codeine Morphine 2000 ng/ml 2000 ng/ml 6-Acetylmorphine 3 10 ng/ml 6-Acetylmorphine 10 ng/ml Phencyclidine 25 ng/ml Phencyclidine 25 ng/ml Amphetamines AMP/MAMP 4 500 ng/ml Amphetamine Methamphetamine 5 250 ng/ml 250 ng/ml MDMA 6 500 ng/ml MDMA MDA 7 MDEA 8 250 ng/ml 250 ng/ml 250 ng/ml 1 Delta-9-terahydrocannabinol-9-carboxylic acid (THCA). 2 Morphine is the target analyte for codeine/morphine testing. 3 Either a single initial test kit or multiple initial test kits may be used provided the single test kit detects each target analyte independently at the specified cutoff. 4 Methamphetamine is the target analyte for amphetamine/methamphetamine testing. 5 To be reported positive for methamphetamine, a specimen must also contain amphetamine at a concentration equal to or great than 100 ng/ml. 6 Methylenedioxymethamphetamine (MDMA). 7 Methylenedioxyamphetamine (MDA). Doc ID: SESC-672-3170/2 Sensitivity: Internal Uncontrolled if printed Page 8 of 10
Appendix B. Federal Register Guidelines Oral Fluid Specimen Cutoff Concentration Levels Initial test analyte Initial test cutoff concentration Confirmatory test analyte Confirmatory test cutoff concentration Marijuana metabolites 4 ng/ml THC 2 ng/ml Cocaine metabolites 20 ng/ml Cocaine or Benzoylecgonine 8 ng/ml Opiates 40 ng/ml Codeine 40 ng/ml Morphine 40 ng/ml Morphine 40 ng/ml 6-Acetylmorphine 4 ng/ml 6-Acetylmorphine 4 ng/ml Phencyclidine 10 ng/ml Phencyclidine 10 ng/ml Amphetamines/ Methamphetamines 50 ng/ml Amphetamine Methamphetamines 50 ng/ml MDMA 50 ng/ml MDMA 50 ng/ml Doc ID: SESC-672-3170/2 Sensitivity: Internal Uncontrolled if printed Page 9 of 10
Appendix C. Acknowledgement and Agreement I,, acknowledge that I have read and understand the Savanna Substance Abuse Policy, and I agree to adhere to this agreement in its entirety and will ensure that employees working under my direction adhere to this Policy. I understand that if I violate the rules set forth in the Policy, I may face legal, punitive, or corrective action. Name: Signature: Date: Witness: Doc ID: SESC-672-3170/2 Sensitivity: Internal Uncontrolled if printed Page 10 of 10