Policy Title: Substance Abuse Policy - Minnesota

Policy Number: 10001

Pages: 11
Location: MN location(s)
Effective Date:
PURPOSE
El Dorado Packing, Inc. (The Company) recognizes that alcohol and drug abuse adversely affects an
employees job performance and the kind of work he/she can perform, and may affect his/her
opportunities for continued employment. It is the intent of this document to provide employees with
our policy regarding the use of alcohol and drugs. The policy provides guidelines for consistent
handling of alcohol and drug abuse occurrences in Minnesota. The Company does not intend to
intrude upon the private lives of its employees. The Company is concerned, however, about the use
of alcohol and/or drugs where such use adversely interferes with an employees job performance,
adversely affects the job performance of other employees, endangers the employee or other
employees, or is detrimental to The Companys business.
SCOPE
This policy applies to all applicants for employment and to all employees including contract or
temporary employees. The policy is applicable at all Company facilities in Minnesota.
DEFINITIONS
1. Drug means any controlled substance as defined under applicable law. This includes, but is
not limited to: narcotics, depressants, stimulants, hallucinogens, synthetic drugs, and cannabis
(marijuana).

2. Job applicant means a person who has received a job offer contingent on the persons
passing a drug test.

3. Reasonable suspicion means a basis for forming a belief based on specific facts and rational
inferences drawn from those facts.

4. Safety-sensitive position means a job, including any supervisory or management position, in

which an impairment caused by alcohol and/or drug usage would threaten the health or safety
of any person. It includes, but is not limited to, any job that involves using or operating
Company equipment, machinery, or vehicles. This includes, but is not limited to, the following
positions:
All positions utilizing motorized vehicles
All positions utilizing automated equipment on the production floor
All Maintenance positions
PROHIBITIONS/REQUIREMENTS
1. No employee shall report to work under the influence of alcohol or illegal drugs.
2. No employee shall operate, use, or drive any equipment, machinery, or vehicle of the
Company while under the influence of alcohol and/or drugs including a prescription or overthe-counter medication known to cause an adverse side-affect that could interfere with the
employees ability to safely perform his/her job (example: motor ability, judgement,
coordination, reflexes, etc.) Such employee is under an affirmative duty to immediately notify
his/her supervisor that he/she is not in an appropriate mental or physical condition to operate,
use, or drive The Companys equipment.
3. No employee shall unlawfully manufacture, distribute, dispense, possess, transfer, or use
drugs in the workplace or on any property owned or leased by the Company, or wherever the
Companys work is being performed.
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Policy Title: Substance Abuse Policy - Minnesota

Policy Number: 10001
Pages: 11
Location: MN location(s)
Effective Date:
4. Engaging in off-duty sale, purchase, transfer, use or possession of illegal drugs may have a
negative effect on an employees ability to perform his/her work for the Company. In such
circumstances, the employee is subject to discipline.
5. When an employee is in a safety sensitive position and is taking medically authorized drugs or
other substances which may alter job performance, the employee is under an affirmative duty
to notify the appropriate supervisor of his/her temporary inability to perform the job duties of
his/her position.
6. The Company shall notify the appropriate law enforcement agency when it has reasonable
suspicion to believe that an employee may have illegal drugs in his/her possession at work or
on the Company premises. When appropriate, the Company shall also notify licensing boards.
7. Employees are discouraged from consuming alcoholic beverages during lunch periods, dinner
periods, or breaks when returning immediately thereafter to perform work on behalf of the
Company. Employees are advised that in any situation subject to the intake of alcohol, where
the employee must continue conducting the Companys business, any employee whose
condition or behavior adversely affects his/her work performance shall be subject to possible
discipline up to and including discharge.
8. Although Minnesota law may provide some form of protection for use of medical cannabis, a
job applicant or employee may not use, possess, or be impaired by cannabis on Company
premises or while working anywhere on behalf of the Company. The Company does not
discriminate against job applicants or employees enrolled in the registry program established
under Minn. Stat. 152.22152.37.
9. The Companys Drug Free Workplace Act of 1988 notice will be posted in the workplace.
See posting at end of this policy.
ALCOHOL AND DRUG TESTING
1. In order to carry out The Companys commitment to an alcohol and drug-free workplace, The
Company reserves the right to require that applicants and employees submit to testing in
accordance with the provisions of Minn. Stat. 181.950-181.957. This policy represents the
notice required under Minnesota Statute and will be provided to all applicants and employees
who are requested to undergo testing.
2. Who May Be Subject to Testing
a. Job Applicants. The Company may require that all applicants who have received
conditional offers of employment for a particular position be tested for drugs. If the
offer of conditional employment is subsequently withdrawn, The Company will notify the
applicant of the reason for the withdrawal.
b. Reasonable Suspicion Testing. The Company may require an employee to be tested
when The Company reasonably suspects that the employee:
i. is under the influence of alcohol and/or drugs;
ii. has violated The Companys written policy prohibiting alcohol and drug use;
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Policy Title: Substance Abuse Policy - Minnesota

Policy Number: 10001
Pages: 11
Location: MN location(s)
Effective Date:
iii. has sustained or caused another employee to sustain personal injury if in either
situation there is a reasonable possibility that alcohol and/or drug use was a
contributing factor; or
iv. has caused a work-related accident or was operating or helping to operate
machinery, equipment, or vehicles involved in a work-related accident if in either
situation there is a reasonable possibility that alcohol and/or drug use was a
contributing factor to the incident
v. In order for a reasonable suspicion to exist, there must be a basis for forming a
belief that testing is justified based on specific facts and rational inferences
drawn from those facts
c. Treatment Program Testing. The Company may require an employee to be tested
either when the employer has referred the employee for chemical dependency
treatment or evaluation or when the employee is participating in such a treatment
program under an employee benefit plan. The employee may be required to undergo
testing without advance notice during the evaluation or treatment period and for up to
two years following the completion of a treatment program.
FAILURE TO COMPLY
1. All job applicants who receive a conditional offer of employment and all employees
are responsible for reading and understanding this policy. Employees are also
responsible for directing questions about this policy or its administration to their
supervisor or Human Resources.
2. Failure to comply with any part of this Policy will result in a withdrawal of any
conditional job offer for job applicants, and in discipline up to and including unpaid
suspension and/or immediate termination for employees.
DRUG AND ALCOHOL TESTING
To effectuate this Policy, the Company will test job applicants and employees for drugs
and/or alcohol under the circumstances outlined below:
1. Pre-Employment/Applicant Testing. All job applicants who are conditionally offered
employment will be required to pass a drug test.
2. Employee Testing. The Company will test employees for alcohol and/or drugs
under the following circumstances:
a. Reasonable Suspicion Testing: Employees will be subject to drug and/or
alcohol testing when the Company has a reasonable suspicion that an
employee (a) has violated the Companys policy on alcohol and/or drugs; (b)
is under the influence of alcohol and/or drug; (c) has sustained a personal
injury arising out of and in the course of employment with the Company or
has caused another employee to sustain a personal injury where there is a
reasonable possibility that alcohol and/or drugs use was a contributing factor
to the injury; or (d) has caused a work-related accident or was operating or
helping to operate machinery, equipment, or vehicles involved in a workrelated accident where there is a reasonable possibility that alcohol and/or
drugs use was a contributing factor to the accident.
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Policy Title: Substance Abuse Policy - Minnesota

Policy Number: 10001
Pages: 11
Location: MN location(s)
Effective Date:
NOTE: An employee who is involved in a work-related accident or
who sustains a personal injury in relation to employment and fails to
report the accident/injury will be subject to disciplinary action up to
and including termination.
b. Treatment Program Testing: An employee will be required to undergo
alcohol and/or drug testing if the employee has been referred by the
Company for chemical dependency treatment or evaluation or if the
employee is participating in a chemical dependency treatment program under
an employee benefit plan. The employee meeting these conditions will be
required to undergo alcohol and/or drug testing without prior notice during the
evaluation or treatment period and for a period of up to two years following
the completion of any prescribed chemical dependency treatment program.
3. Conducting the Testing.
a. Consent. All persons to be tested will be required to complete and sign the employee
consent form attached as Appendix A. Substance abuse testing will not be performed
unless a signed consent is in the possession of the Company. Each form must also be
witnessed by a designated person within the Company.
b. Refusal to Participate. Any individual may refuse to undergo the required alcohol
and/or drug test. However, the Company will withdraw the conditional job offer of any
job applicant refusing to undergo testing, and that individual will not be hired.
Employees who refuse to be tested will be disciplined up to and including termination.
The termination will be considered a voluntary quit. An individual may be deemed to
have refused to participate in testing if he or she declines to consent to a test in a
timely manner, fails to provide an adequate specimen without satisfactory medical
explanation, or engages in any conduct that impairs or obstructs the testing process,
including but not limited to providing a dilute or adulterated sample.
c. The Laboratory. The laboratory selected to perform testing must be certified by the
National Institute on Drug Abuse (NIDA), the College of American Pathologists (CAP),
or the New York Department of Health.
d. Test Results
i. Testing Procedures. All test samples will be subject to an initial screening test
(initial test). Samples that test positive for alcohol and/or drugs on the initial
test will be subject to a confirmatory test. Positive initial test results will not be
reported to the employer until they have been verified by a confirmatory test.
No employment decisions will be based on unconfirmed initial test results.
ii. Notice of Test Result and Right to Request Copy. Within three (3) working
days after the Company receives the test result report, the Company will notify
the tested individual in writing of the result. The tested individual has a right to
request a copy of the test result.
iii. Negative Tests. Individuals who test negative (pass) will be notified in writing.
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Policy Title: Substance Abuse Policy - Minnesota

Policy Number: 10001
Pages: 11
Location: MN location(s)
Effective Date:
iv. Positive Tests. Individuals who test positive (fail) will be notified in writing, and
1. Will be issued a form on which the individual (i) will be notified of the
right to explain the positive test, (ii) may voluntarily disclose any overthe-counter or prescription medication that the individual is currently
taking or has recently taken, (iii) may present verification of enrollment in
a medical marijuana patient registry pursuant to Minn. Stat. Section
152.32, subd. 3(d), and (iv) may provide any other information relevant
to the reliability of, or explanation for, a positive confirmatory test result;
and
2. May submit information to the Company, in addition to any information
already submitted under the paragraph above, to explain the positive
confirmatory test result, provided that any and all information must be
received by the Company within three (3) working days of the day the
individual received notice of the positive confirmatory test result; and
3. Within five (5) working days after notice of a positive result on a
confirmatory test, the individual may request a confirmatory retest of the
original sample at the individuals own expense at a laboratory of the
individuals own choosing so long as the laboratory is statutorily
authorized to conduct job applicant/employee alcohol and/or drug tests,
as applicable, pursuant to applicable state law. The individuals request
must be in writing. If the confirmatory retest is negative, no adverse
employment action will be taken.
e. Consequences of Positive Test Results (Failed Tests)
i. Applicants. If the applicant tests positive on a confirmatory test for drugs and
that positive result has been verified by a confirmatory retest, or has not been
challenged, the Company will withdraw the conditional job offer and the
applicant will not be hired. If a confirmatory retest is requested and the test
does not verify the positive confirmatory test result, no adverse action will be
taken.
ii. Employees
1. First Failed Test. The first time an employee has produced a confirmed
positive alcohol and/or drug test that has been verified by a confirmatory
retest, or has not been challenged:
2. The employee will be given the opportunity to participate in an alcohol
and/or drug counseling or rehabilitation program (treatment program) at
the employees own expense or through the Companys benefit plan.
The type of treatment program in which the employee participates will be
determined by the Company after consultation with a certified chemical
use counselor or physician trained in the diagnosis and treatment of
chemical dependency.
3. If the employee refuses to participate in the treatment program or does
not successfully complete the program, as evidenced by his/her
withdrawal from the program before its completion or by a positive test
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Policy Title: Substance Abuse Policy - Minnesota

Policy Number: 10001
Pages: 11
Location: MN location(s)
Effective Date:
result on a confirmatory test (or retest) after completion of the program,
he or she will be considered to have voluntarily quit.
4. Second Failed Test. The second time an employee has produced a
confirmed positive alcohol and/or drug test that has been verified by a
confirmatory retest, or has not been challenged, he or she will be
discharged.
5. Discipline Pending Testing Outcome. The Company reserves the right
to temporarily suspend the tested employee without pay pending the
outcome of the confirmatory test and confirmatory retest (if a
confirmatory retest is requested by the employee), while the employee is
arranging for enrollment in a treatment program, and during the
treatment program whenever the Company believes suspension of the
employee is reasonably necessary to protect the health or safety of the
employee, co-employees, or the public. An employee who has been
suspended without pay will be reinstated with back pay if the outcome of
the confirmatory test or confirmatory retest, if requested, is negative.
4. Costs. All costs related to alcohol and drug testing will be paid by The Company, with the
exception of confirmatory retests which must be paid for by the employee or job applicant
requesting the retest.
5. Privacy of Test Results.
a. Test results and other information acquired as a result of the testing program are
private and confidential information and will not be disclosed by The Company or the
testing laboratory to another employee or to third party individuals, government
agencies, or private organizations without written consent of the employee or applicant
being tested.
b. Evidence of a positive test result on a confirmatory test, however, may be used in an
arbitration proceeding pursuant to an administrative hearing or a judicial proceeding,
provided the information is relevant to the hearing or proceeding. Such evidence may
also be disclosed to any federal agency or other unit of the United States government
as required under federal law, regulation, or order. Evidence of a positive test result on
a confirmatory test may also be disclosed to a substance abuse treatment facility for
the purpose of evaluation or treatment.
c. The Company will provide an employee with access to information in the employees
file relating to positive test result reports and other information acquired in the testing
process as well as conclusions drawn from or actions taken based upon such
information.

ACKNOWLEDGMENT AND INFORMATION FORM

TO BE PROVIDED BEFORE REQUESTING TESTING
I acknowledge that I have been provided with a written copy of the El Dorado Packaging, Inc.
Substance Abuse Policy - Minnesota.
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Policy Title: Substance Abuse Policy - Minnesota

Policy Number: 10001
Pages: 11
Location: MN location(s)
Effective Date:
I have read this policy and understand its contents. I understand what conduct is prohibited by the
policy and the consequences of engaging in prohibited conduct. I understand my rights under the
policy, the consequences if I exercise those rights, and that certain events as described in the policy
will result in negative personnel decisions including discipline, termination, or the withdrawal of a
conditional offer of employment.
I hereby voluntarily consent to have a urine sample collected from me, based on the testing conditions
set forth in the attached policy, for testing for alcohol and/or drugs by a designated entity of the
Company licensed and approved to conduct alcohol and/or drug screening tests under the state laws.
I further voluntarily consent that the entity selected by the Company may conduct testing or other
analysis on the sample provided by me and may disclose the test result data to the Company.
I understand further that there is a possibility that a false positive may result. I hereby waive any and
all claims and damages, and release and discharge the Company and testing laboratory, and their
respective employees and agents, from any and all claims and damages resulting from a false
positive test result.
Date: ___________________

____________________________________
Signature of Individual to be tested
____________________________________
Printed Name of Individual to be tested
___________________________________
Company Witness

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Policy Title: Substance Abuse Policy - Minnesota

Policy Number: 10001
Pages: 11
Location: MN location(s)
Effective Date:
Sample of letters:
NOTIFICATION OF
NEGATIVE ALCOHOL AND/OR DRUG TEST RESULTS
Date
Date of Initial Test

Individual
Date We Received Notification

This is to notify you that the results of the test of the sample you recently submitted for
alcohol and/or drug testing are negative. Per our policy, this letter serves as notification of
your test results. Under that policy, we promised to notify you of the test results within three
working days after we have received notification.
You have the right to request and receive from the Company a copy of the test result report.
Please contact me if you have any questions.

HR Rep Name
Human Resources
El Dorado Packaging
Contact Information

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Policy Title: Substance Abuse Policy - Minnesota

Policy Number: 10001
Pages: 11
Location: MN location(s)
Effective Date:
Sample of letters:
NOTIFICATION OF POSITIVE ALCOHOL AND/OR DRUG TEST RESULTS
AND REQUEST FOR RETEST
Todays Date: ____________________________________________________________
Job Applicant/Employee:
_____________________________________________________
Date Original Test Sample was Provided:
________________________________________
Date of Confirmatory Test ____________________________________________________
Your confirmatory alcohol and/or drug test was positive. A copy of the test results is
available upon request from Human Resources.
You have a right to explain, in the space provided below, the positive test. (If more space is
needed, please attach additional sheets to this form.) In addition, you may voluntarily
disclose any over-the-counter or prescription medication that you currently are taking or
have recently taken and any other information relevant to the reliability of, or explanation
for, a positive test result. If none, please write none:
________________________________________________________________________
__
________________________________________________________________________
__
If you identified any information above, the Company will forward a copy of this form to the
testing facility and/or medical review officer (MRO).
You may submit information to the Company, in addition to any information already
submitted above, to explain the positive test result, provided that any and all information is
received by the company within the next three (3) working days.
You may request in writing a confirmatory retest of the original sample, at your own
expense, at a testing laboratory that is statutorily authorized to perform alcohol and/or drug
test analysis, provided this request is in writing and received by the Company within the
next five (5) working days. If this requested confirmatory retest does not confirm the original
positive test result, no adverse personnel action will be taken against you and, if you are an
employee and have been suspended without pay pending final test results you will be
reinstated with back pay.
IF YOU ARE AN APPLICANT:
If you do not wish a confirmatory retest, the job offer is withdrawn. If the confirmatory retest
is positive, the job offer will be withdrawn.
IF YOU ARE AN EMPLOYEE:
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Policy Title: Substance Abuse Policy - Minnesota

Policy Number: 10001
Pages: 11
Location: MN location(s)
Effective Date:
If this is your first confirmed positive test result, you may not be discharged unless you
either:
(a) refuse to participate in an alcohol and/or drug treatment program specified by the
Company, or
(b) fail to successfully complete the treatment program, as evidenced by withdrawal before
completion or by a positive test result on a confirmatory test after completion of the
program.
If this is your second confirmed positive test result, you will be discharged unless the
Company:
(a) receives this completed document, including information to explain the positive test,
from you within three (3) working days of the date you receive this document and,
following receipt of the completed document from you, the Company determines that
termination is not warranted, or
(b) receives your written request within five (5) working days of your receipt of this
document for a confirmatory retest at your own expense, of the original sample and
the confirmatory retest result is negative.
The undersigned Company Representative sent or gave a copy of this document to the test
subject on the date indicated below.

HR Rep Name
Human Resources
El Dorado Packaging
Contact Information

_______ I request a confirmatory retest, to be performed at my expense.

The undersigned test subject sent or gave this completed document to __________________,
Company Representative on the date indicated below.
_____________________________________
Test Subjects signature
_____________________________________
Date sent

_____________________________________
Test Subjects name (print)

The Company Representative acknowledges receiving this completed document as indicated by

his/her signature and date received listed below.
_____________________________________
Company Representatives signature

______________________________________
Company Representatives name (print)

_____________________________________
Date received

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Policy Title: Substance Abuse Policy - Minnesota

Policy Number: 10001
Pages: 11
Location: MN location(s)
Effective Date:
Drug-Free Workplace Act of 1988
EI Dorado Packaging, Inc. ("The Company") has a strong commitment to maintaining a
drug-free workplace. As a federal contractor, The Company is required to take action with
respect to use of drugs in the workplace pursuant to the federal Drug-Free Workplace Act of
1988. All employees are required to abide by the terms of this Act and the Companys
Substance Abuse policy.
1. The Company prohibits the unlawful use, possession, sale, manufacture,
dispensation, or distribution of controlled substances in the workplace. Violation of
this rule may result in discipline, up to and including discharge.
2. The Company has established a drug-free awareness program to inform employees
about the following as noted:
a. the dangers of drug abuse in the workplace (please see Human Resources);
b. the Company's policy of maintaining a drug-free workplace as set forth in this
policy;
c. any available drug counseling, rehabilitation, and employee assistance
programs (please see Human Resources); and
d. the penalties that may be imposed upon employees for drug abuse violations
as set forth in this policy.
3. The Company provides each of its employees a copy of this policy.
4. The Company requires any employee who is convicted, pleads guilty or enters a
plea of nolo contendere for any drug-related crime occurring in or connected with the
workplace to report that fact to his/her supervisor within five days after such
conviction or other action.
a. The Company, within 10 days of receiving such notice from an employee or
otherwise receiving actual notice of such conviction, shall provide such notice
to any federal agency with which it has contracted when the reporting
employee is directly performing work on the contract with that agency.
b. The Company, within 30 days of receiving such notice from an employee,
shall either require the employee to satisfactorily participate in a drug abuse
assistance or rehabilitation program or shall take appropriate disciplinary
action against the employee, up to and including discharge.
c. The Company, upon receiving such notice from an employee, shall continue
to make a good faith effort to continue to maintain a drug-free workplace
through implementation of this policy.

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