EMPLOYEE POLICY MANUAL

Corporate Office
15729 College Blvd.
Lenexa, KS 66219
Main Phone Line: 913-928-5000
Main Fax Line: 913-928-5016
Driver Help Line: 1-877-928-5046
EMPLOYEE
POLICY MANUAL
Release date 7-23-2012
TABLE OF CONTENTS
1
1.1
1.2
1.3
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
INTRODUCTION
CHANGES IN POLICY
MISSION STATEMENT
COMPANY GOAL
EMPLOYMENT AT-WILL
EQUAL OPPORTUNITY EMPLOYMENT
AMERICANS WITH DISABILITIES ACT
EMPLOYMENT REQUIREMENTS
PROBATIONARY PERIOD FOR NEW EMPLOYEES
DRIVER ORIENTATION AND CONTINUED EDUCATION
IMMIGRATION LAW COMPLIANCE
PAYROLL
PERSONNEL RECORDS
PERSONAL CHANGES
HEALTH AND SAFETY
CONTAGIOUS DISEASE PROCEDURE
EMPLOYMENT OF RELATIVES
EMPLOYMENT APPLICATIONS
DRUG-ALCOHOL TESTING POLICY
SOLICITATIONS & DISTRIBUTIONS
ATTENDANCE AND PUNCTUALITY
SENIORITY
ANTI-HARASSMENT POLICY
VIOLENCE IN THE WORKPLACE
PROGRESSIVE DISCIPLINE
SERIOUS INFRACTIONS
CONFIDENTIALITY
CUSTOMER SERVICE
PERSONAL APPEARANCE
ABANDONMENT OF SHIFT
COMPUTER INFORMATION SYSTEM POLICY
SMOKING POLICY
TRANSFER POLICY
OUTSIDE EMPLOYMENT
RESIGNATION
Revised 9-14-2012
3.19
3.20
4.1
4.2
4.3
4.4
4.5
4.6
4.7
5.1
5.2
5.3
6.1
6.2
6.3
6.4
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
7.12
WORKER COMPENSATION PROGRAM
SECURITY AND IDENTIFICATION
HOURLY PTO
HOLIDAYS
BEREAVEMENT LEAVE
JURY DUTY
UNIFORMED SERVICES EMPLOYMENT & RE-EMPLOYMENT
FMLA
SERVICE MEMBER FMLA POLICY
HEALTH DENTAL & OTHER INSURANCE BENEFITS
COBRA
REFERRAL BONUS
EMPLOYEE HOTLINE
SUGGESTIONS
ISSUE RESOLUTION POLICY
OPEN DOOR POLICY
8 CRITICAL SAFETY RULES
GENERAL DRIVER SAFETY RULES
RAILROAD RADIO RULES
ACCIDENT POLICY
ACCIDENT REPORTING POLICY
CELLULAR PHONE USAGE
HOURS OF SERVICE
TRACK CROSSING PROCEDURE
SPEED MANAGEMENT AND ANIMAL AVOIDANCE
VEHICLE TECHNOLOGY POLICY
BACKING POLICY
FUEL PIN POLICY
Revised 9-14-2012
1 – INTRODUCTION
The provisions of this Employee Handbook are intended to give our Employees
(also referred to as “you”) an overview of the current policies and procedures
related to your employment with RailCrew Xpress (also referred as to “we” or the
“Company”). At its discretion, the Company may change, add to, or abolish any
of the policies and procedures described at any time.
Employment with the Company is considered to be “at will”, meaning that (except
as limited by law) your employment may be terminated by you or by the
Company at any time, for any reason, without restriction or limitation. This
Employee Handbook is not an express or implied contract of employment, and is
not intended to and should not be construed as altering the at-will employment
relationship. Nothing said or done by any Company representative constitutes
an employment contract unless it is in writing and signed by the Company
President and/or CEO.
The policies and procedures in this Employee Handbook apply to all company
employees, except those governed by a collective bargaining agreement.
If you are uncertain about any policy or procedure, or have any questions about
this Employee Handbook, contact your manager.
Revised 7-1-2011
1.1 – CHANGES IN POLICY
This manual supersedes all previous employee manuals and memos on subjects
addressed in this manual.
You will be provided with the link to view the manual on-line or you may contact
your immediate manager to set-up a time to review a paper copy of the manual.
This handbook is subject to change. While every effort is made to keep the
contents of this document current, the Company reserves the right to modify,
suspend, or terminated any of the policies, procedures, and/or benefits described
in the manual, with or without prior notice to employees.
Revised 7-1-2011
1.2 - MISSION STATEMENT
At RailCrew Xpress, we assist America's railroads to better serve the nation, by
providing safe and reliable crew transportation, while conducting ourselves in a
manner that promotes reward, fairness, respect, and consideration for all our
stakeholders, including employees, customers, suppliers and shareholders.
Revised 7-1-2011
1.3 – COMPANY GOAL
The goal of RailCrew Xpress is to provide safe, dependable transportation
services, and to perform these services efficiently. The safety standards of this
company will not be compromised, subordinated or diminished by any other goal
or challenge.
RailCrew Xpress is a place where everyone is encouraged and rewarded as they
expand their knowledge and fulfill their individual potentials. We invite our
employees to enjoy a sense of individuality with accompanying freedom of
expression. Our highest aim is to be considered an enviable workplace by each
of our employees. We will conduct its affairs in a businesslike manner, with
ambitious goals commensurate with its position of leadership in the
transportation industry and in the communities we serve. Ethical practice and
respect for the needs of those around us will always be reflected in our standards
and our decisions.
Revised 7-1-2011
2.1 – EMPLOYMENT AT-WILL
Unless expressly prescribed by statute or contract, your employment is “at-will”.
All RailCrew Xpress employees are employed “at-will”, which means they may be
terminated at any time and for any reason, with or without advance notice.
Employees are also free to quit at any time. Any employment relationship other
than at-will must be set out in writing and signed by RailCrew Xpress’s CEO.
Revised 7-1-2011
2.2 – EQUAL OPPORTUNITY EMPLOYMENT
RailCrew Xpress is an equal opportunity employer. Employment decisions are
based on merit and business needs, and not on race, color, citizenship status,
national origin, ancestry, gender, sexual orientation, age, religion, creed, physical
or mental disability, marital status, veteran status, political affiliation, or any other
factor that may become protected by law.
We are committed to the principles of equal employment opportunity. All
employment decisions regarding recruitment, selection, hiring, compensation,
benefits, training, advancement, discipline, discharge, layoff, return from layoff,
and other terms, conditions and privileges of employment, are based on
individual qualifications.
If you are aware of inappropriate behavior within the Company’s workplace you
must advise your immediate Location Manager or Regional Manager or the
Employee hotline. Individuals who engage in any type of unlawful discrimination
will be subject to disciplinary action, up to and including termination of
employment
Revised 7-1-2011
2.3 – AMERICANS WITH DISABILITIES ACT
It is our policy that we will not discriminate against qualified individuals with
disabilities with regard to any aspect of their employment. We are committed to
complying with the American with Disabilities Act of 1990 and its related Section
504 of the Rehabilitation Act of 1973, as applicable. We recognize that some
individuals with disabilities may require accommodations at work. If you are
currently disabled or become disabled during your employment, you should
contact your Location Manager, Area Manager or Regional Manager to discuss
reasonable accommodations that may enable you to perform the essential
functions of your job.
Physical Capability to Operate a Commercial Motor Vehicle for Hire
We are contractually obligated by our customers to follow many of the U.S.
Department of Transportation’s, Federal Motor Carrier Safety Regulations
(FMCSR) safety requirements for both our vehicles and our employees, such as
Hours of Service (HOS), pre-trip inspections, and drug and alcohol testing. We
have further set our standards to the FMCSR for driver physical qualifications in
accordance with 49 CFR 391.41. Should you exhibit behavior or your inability to
safely operate our vehicle becomes self-evident, you will be sent for a DOT
physical and the results of that physical will be the sole determination of your
authorization to continue to drive for the Company.
Employees must be able to meet the physical requirements of the Federal Motor
Carrier Safety Act’s, Section 391.41
 Has no loss of a foot, a leg, a hand, or an arm, or has been granted a
waiver pursuant to 391.49, 291.41(b)(1)
 Has no impairment of:
 A hand or finger which interferes with prehension or power grasping; or
 An arm, foot, or leg which interferes with the ability to perform normal
tasks associated with operating a motor vehicle; or any other significant
limb defect or limitation which interferes with the ability to perform normal
tasks associated with operating a motor vehicle; or has been granted a
waiver pursuant to 391.49, 291.41(b)(2).
Revised 7-11-2011
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Has no established medical history or clinical diagnosis of diabetes mellitus
currently requiring insulin for control; 391.41(b)(3).
Has no current clinical diagnosis of myocardial infarction, angina pectoris,
coronary insufficiency, thrombosis, or any other cardiovascular disease of a
variety known to be accompanied by syncope, dyspnea, collapse, or
congestive cardiac failure; 391.41(b)(5).
Has no established medical history or clinical diagnosis of a respiratory
dysfunction likely to interfere with his/her ability to control and drive a motor
vehicle safely; 391.41(b)(5).
Has no current clinical diagnosis of high blood pressure likely to interfere
with his/her ability to operate a motor vehicle safely; 391.41(b)(6).
Has no established medical history or clinical diagnosis of rheumatic,
arthritic, orthopedic, muscular, neuromuscular, or vascular disease which
interferes with his/her ability to control and operate a motor vehicle safely;
391.41(b)(7).
Has no established medical history or clinical diagnosis of epilepsy or any
other condition which is likely to cause loss of consciousness or any loss of
ability to control a motor vehicle; 391.41(b)(8).
Has no mental, nervous, organic, or functional disease or psychiatric
disorder likely to interfere with his/her ability to drive a motor vehicle safely;
391.41(b)(9).
Has distant visual acuity of at least 20/40 (Snellen) in each eye without
corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or
better with corrective lenses, distant binocular acuity of at least 20/40
(Snellen) in both eyes with or without corrective lenses, field of vision of at
least 70 degrees in the horizontal meridian in each eye, and the ability to
recognize the colors of traffic signals and devices showing standard red,
green, and amber; 391.41(b)(10).
First perceives a forced whispered voice in the better ear at not less than 5
feet with or without the use of a hearing aid or, if tested by use of an
audiometric device, does not have an average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without
a hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5-1951; 391.41(b)(11).
Does not use a Schedule I drug or other substance identified in Appendix D
to this subchapter, an amphetamine, narcotic, or any other habit-forming
drug, except that a driver may use such a substance or drug if the
substance or drug is prescribed by a licensed medical practitioner who is
familiar with the driver’s medical history and assigned duties and who has
advised the driver that the prescribed substance or drug will not adversely
affect the driver’s ability to safely operate a motor vehicle; and 391.41(b)(12)
Has no current clinical diagnosis of alcoholism. 391.41(b)(13).
Revised 7-11-2011
2.4 – EMPLOYMENT REQUIREMENTS
When appropriate, a criminal record check is performed to protect the interest of
RailCrew Xpress and that of its employees and clients. Employees no longer
meeting minimum acceptable standards involving criminal conviction history will
be separated from employment.
Your immediate Manager will notify you if your position requires any licensing,
certification, qualifications or testing.
Those employees that drive on behalf of RCX must present and maintain a valid
driver’s license and a driving record acceptable to our insurer and the railroads
we serve. You will be asked to submit a copy of your driving record to the
Company periodically. Any changes in your driving record or driving
qualifications must be immediately reported to your immediate manager. Failure
to provide this information or to maintain these requirements will be grounds for
disciplinary action, up to and including termination of employment.
Drivers who do not report to work for more than 30 days will be required to have
a new drug screen test before returning to work. If an employee does not report
to work for more than 90 days, the driver will be considered terminated. In order
to return to duty after a 90-day leave period all employees will be subject to meet
all pre-employment requirement including, but not limited to, a drug screen, MVR
and criminal background check before returning to work. All employees that
drive on behalf of RCX are subject to an MVR every 6 months during
employment.
The following criteria must be met ongoing to be eligible for employment at RCX.
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Current valid state issued Driver’s License issued by the State of Residence
Employees can have no active warrants or un-disposed charges – felony or
misdemeanors
Employees can’t have a felony conviction within the past 7 years
Employees can’t have an incarceration, or release within the past 5 years
No more than 2 non-violent class misdemeanors, including DWI/DUI, within
the previous 7 years
No record of Drug or Alcohol related convictions, including SWI/DUI, within
the previous 7 years
No more than 1 preventable accident in the last 3 years
No more than 1 moving violation within the last 3 years
Revised 7-1-2011
2.5 – PROBATIONARY PERIOD FOR NEW EMPLOYEES
You will have an introductory period of up to 90 days. During this period the
Company will evaluate your interest in the position and your ability to fulfill the job
requirements. To be successful, your performance must meet or exceed our
needs and the requirements of your job. During this time we will determine
whether further employment in a specific position is appropriate.
The Company, in its sole discretion, may choose to extend your ninety (90) day
Introductory Period for whatever time period it deems appropriate, not to exceed
an additional ninety (90) days.
During the introductory period, the Company’s progressive disciplinary policy will
not apply. We also reserve the right to terminate employment at any time. During
this period you will not be considered a regular employee, and your ability to
resign from the company is not impacted by this introductory status.
Revised 7-1-2011
2.6 – DRIVER ORIENTATION AND CONTINUED EDUCATION
Drivers are required to attend and participate in a new driver orientation and
training program. Thorough education and training in preparation of working as a
professional driver for RCX is vital to your safety and the safety of our
passengers and the public. We view the safety of our operation as the most
critical component of our business.
Our Driver orientation and safety program may vary from location to location
depending on state laws and local safe operating issues. Our core education
and training program is consistent among locations and includes such topics as:
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Reviewing this policy manual
Pre-trip inspections
Prevention of backing accidents
Fouling railroad tracks
Railroad grade crossings
In-vehicle communications systems
Behind the wheel orientation, training, and observation
Critical safety rules
As a driver, you may ask to be retrained or review with a Location Manager, Area
Manager or Regional Manager any portion of your new-hire safety and
procedures orientation and training as you see fit. You are encouraged to ask
questions and seek assistance until such time as you are thoroughly familiar with
your duties and can carry them out safely.
Drivers are also required to participate in continued education throughout their
tenure with the Company to ensure that skills remain current and performance
levels remain at or above RailCrew Xpress standards. A partial list of continued
education that you may be required to complete includes:
 90-day ride-along
 Annual ride-along
 Annual safety training
 Post Accident ride-along
 Post accident training
Revised 7-1-2011
2.7 - IMIGRATION LAW COMPLIANCE
RCX is required by law to employ only those individuals who are legally authorized to
work in the United States. The Company follows all local, state and federal regulations
and procedures regarding eligibility for employment.
The Immigration Reform and Control Act of 1986 require each new employee to
complete the Employment Eligibility Verification Form I-9 and provide documentation
establishing identity and employment eligibility. Former employees who are rehired
must also complete an I-9 if they have not completed one within the past three years, or
if their previous I-9 is no longer retained or valid.
If you have a question about immigration laws, employment eligibility or compliance with
this law, you may contact your immediate manager or the Employee Help Line.
Revised 7-1-2011
2.8 – PAYROLL
The pay period runs from Sunday to Saturday. Pay day will be no later than 10
days after the end of the pay cycle. Pay day is every other Tuesday. See your
Location Manager, Area Manager or Regional Manager for a payroll calendar.
Your paycheck will include information about your earnings, taxes and other
deductions. RCX funds payroll payments through direct deposit or through the
ADP TotalPay card. Either benefit will allow you to have your payroll directly
deposited into a checking, savings, credit union account or pre-paid debit card
(ADP TotalPay Card). Direct deposit or ADP TotalPay Card of your payroll will
eliminate a misplaced or stolen paycheck. You should always verify the credit of
your funds to your account(s) prior to any transaction(s). Should you choose to
participate in direct deposit, you will receive a full accounting of your earnings
and any applicable deductions. For further information, you should contact your
immediate manager or the employee line, 877-928-5046.
We will make every effort to provide a correct and accurate payroll for you. If you
have any questions regarding your paycheck, you should contact your immediate
manager. If your issue is not immediately resolved contact the employee line,
877-928-5046.
In the event of a lost ADP TotalPay Card, you must notify the customer service
department with First Data, issuer of the ADP TotalPay Card. Unfortunately, we
cannot take responsibility for lost or stolen ADP TotalPay Cards.
The Company is required by law to make certain deductions from your paycheck
each time one is prepared. Among these are federal, state and local income
taxes and contributions to Social Security. These deductions will be itemized on
your check stub. The amount of the deductions may depend on your earnings
and on the information you furnish on your W-4 Form regarding the number of
dependents/exemptions you claim. Any change in name, address, telephone
number, marital status or number of exemptions must be reported to your
immediate manager and/or the payroll department immediately, to ensure proper
credit for tax purposes. The W-2 Form you receive for each year indicates
precisely how much of your earnings were deducted for these purposes.
Revised 7-1-2011
Any other mandatory deductions to be made from your paycheck, such as courtordered attachments, will be explained whenever the Company is ordered to
make such deductions.
The Company prohibits improper wage deductions pursuant to the Fair Labor
Standards Act (“FLSA”). If you believe your wages have been subject to an
improper deduction, you MUST report it immediately to your immediate manager
or the employee line, 877-928-5046. If you are uncomfortable reporting the
improper deduction to your immediate manager, you still must report the
improper deduction to the Employee hotline.
After conducting a prompt investigation into the complaint, we will inform you of
the resolution. If an improper deduction has been made, we will correct the error,
or see that the error is corrected, by reimbursing you promptly for the improper
deduction. The Company is committed to the fair payment of wages to you
consistent with the requirements promulgated by the FLSA.
Revised 7-1-2011
2.9 – PERSONNEL RECORDS AND ADMINISTRATION
The task of handling personnel records and related administration functions at
RailCrew Xpress has been assigned to the Human Resources Department. All
medical records, including Alcohol and Drug Testing records, will be kept in a
separate confidential file. Please communicate any personnel changes to your
immediate manager and employee line, 877-928-5046. Personnel files will be
kept confidential at all times. If you would like to review your personnel file or
receive a copy of all documents within your personnel file a signed written
request must be submitted to the Human Resources Department.
Revised 7-1-2011
2.10 - CHANGES
In order to comply with government regulations and insure that appropriate RCX
materials, such as your tax withholding, benefit, payroll, etc… information, reach you in
a timely manner, you must notify payroll and HR of any changes regarding address and
telephone number.
If you change your name due to marriage or divorce RCX requires a copy of your new
social security card before your name will be changed in payroll or on any of the benefit
plans.
It is each employee’s responsibility to keep RCX management abreast of current
contact or immediate emergency contact information. Failure to do so could
substantially impair RCX and the employee from delivering or receiving company or
employee information or assignments. Updates on employee personal information such
as name changes, addresses, phone numbers, etc… can be given to your immediate
manager who will forward it to payroll and HR or the information can be sent directly to
HR and payroll via:
 Fax - 866-928-5072
 E-mail - [email protected]
If personal data is not kept current, the employee will be subject to disciplinary action up
to and including termination of employment.
Revised 7-1-2011
2.11 – HEALTH AND SAFETY
The safety and health of employees is a priority. We make every effort to comply
with all federal and state workplace safety requirements. You are expected to
obey safety rules, report unsafe conditions or practices to your immediate
manager or the Employee Hotline, 877-928-5046 and exercise caution and
common sense in all work activities.
If you become aware of any issues that may affect your ability to safely perform
your assigned duties contact your immediate manager as soon as possible.
Revised 7-1-2011
2.12 - CONTAGIOUS DISEASE PROCEDURE
During the flu season, specifically the Swine Flu, the following policy is to be followed
for all RCX locations in order to protect and limit the spread of these viruses:
If an employee calls-in sick stating that they have the flu or flu-like symptoms the
employee must have a release from a doctor in order to return to work. If an employee
is at work and exhibits flu-like symptoms the employee is to be directed to his/her
physician and must have a release which states the employee is free of the flu and not
contagious.
Pro-Active Precautions
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Thoroughly wash hands often
Use disposable tissues when coughing or sneezing
Use hand sanitizers when handling customer’s or co-worker’s items
Thoroughly clean all work stations and/or vans at the beginning of shift with soap
and water or cleaning wipes.
Warning signs of Swine Flu
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shortness of breath, either during physical activity or while resting;
difficulty in breathing;
turning blue;
bloody or colored (not clear) sputum;
chest pain;
altered mental status;
high fever that persists beyond three days;
low blood pressure;
In children, danger signs include fast or difficult breathing, lack of alertness,
difficulty in waking up, and little or no desire to play.
This same process and procedure will be applicable in the event any other contagious
disease in a location is suspected or reported by the local authorities.
Revised 7-1-2011
2.13 - HIRING OF RELATIVES
The employment of relatives in the same location and/or department of an organization may
cause serious conflicts and problems with favoritism and associate morale. In addition to
claims of partiality in treatment at work, personal conflicts from outside the work environment
can be carried into day-to-day working relationships.
Relatives of persons currently employed by RCX may be hired only if they will not be working
directly for or supervising a relative or will not occupy a position in the same line of authority
within the organization. This policy applies to any relative, higher or lower in the
organization, who has the authority to review employment decisions. RCX employees
cannot be transferred into such a reporting relationship. No more than three (3) relatives will
be hired by RCX.
If the relative relationship is established after employment, the individuals concerned will be
required to decide who is to be transferred. If that decision is not made within 30 calendar
days, management will decide.
In other cases where a conflict or the potential for conflict arises, even if there is no
supervisory relationship involved, the potential employee may be refused employment, or the
employees may be separated by reassignment or terminated from employment.
For the purposes of this policy, a relative is any person who is related by blood or marriage,
or whose relationship with the employee is similar to that of persons who are related by blood
or marriage.
Revised 7-1-2011
2.14 - EMPLOYMENT APPLICATIONS
RailCrew Xpress relies upon the accuracy of information contained in the
employment application, as well as the accuracy of other data presented
throughout the hiring process and employment. Any misrepresentations,
falsifications, or material omissions in any of this information or data may result in
RCX’s exclusion of the individual from further consideration for employment or, if
the person has been hired, termination of employment.
Revised 7-1-2011
3. 1 - DRUG/ALCOHOL TESTING POLICY
It is RailCrew Xpress’ goal to provide a drug-free, healthful, and safe workplace. To
promote this goal, employees are required to report to work in appropriate mental and
physical condition to perform their jobs in a satisfactory manner. RCX has developed a
comprehensive testing program that is required contractually and is administrated to the
extent permitted by law and contractual obligations. Certain elements of this Policy may
not apply or be more or less restrictive for some employees where prohibited by a
particular local, state, or federal law. State law addendums for testing restrictions,
limitations, or special requirements are available by request from the Risk Management
Department located in Lenexa, KS.
Drug and/or Alcohol testing include:
 Pre-employment drug screen
 Random drug and/or alcohol testing
 Post Accident drug and alcohol testing
 Reasonable suspicion drug and/or alcohol testing
While on RCX or railroad premises and while performing work on RCX’s behalf, no
employee may use, possess, distribute, sell, or be under the influence of illegal drugs or
alcohol. The legal use of prescribed drugs is permitted on the job only if it does not
impair an employee’s ability to perform the essential functions of the job effectively and
in a safe manner that does not endanger railroad crews, yourself or other individuals in
the workplace or on the road.
Violations of this policy or refusal to submit to a drug and/or alcohol test will lead to
immediate discharge. Such violations may also have legal consequences.
Employees with questions on this policy or issues related to drug or alcohol use in the
workplace should raise their concerns with their immediate manager or contact the
employee line, 877-928-5046 without fear of reprisal.
Revised 7-1-2011
3.2 - SOLICITATIONS & DISTRIBUTIONS
RCX employees must not solicit other RCX employees or employees of our
railroad vendors for any purpose during working time. This does not include
break or meal times. RCX employees are not permitted to distribute literature of
any kind at any time in work areas.
7-12-2012
3.3 - ATTENDANCE AND PUNCTUALITY
To maintain a safe and productive work environment, RailCrew Xpress expects
employees to be reliable and to be punctual in reporting for scheduled work.
Absenteeism and tardiness place a burden on other employees and on the location.
Attendance infraction:
 Tardy:
 Absence:
 No Call/No Show:
Arriving for work more than 10 minutes late.
Not reporting for the assigned shift.
Failure to call to advise of absence.
Exceptions:
 90 day rule:
Infractions from an employee’s record will be removed once the employee
maintains a perfect record for a ninety (90) day period, with the exception of no call/no show.
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Consecutive days absent because of illness will count as one absence; the employee must
provide a Doctor’s release to return to work if absent more than three (3) consecutive days.
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Tardy because of inclement weather or vehicle accident/breakdown.
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Refusal to take a trip: Refusing a trip is only acceptable when safety is an issue. The safety issue
must be documented and discussed with the Location Manager or Regional Manager at the time
of the occurrence.
Expectations:
 Employee must call Location Manager or Regional Manager two (2) hours prior to shift start
time (except in cases of emergencies) to report absence or tardiness. If the Manager does not
answer their telephone, then a voice message must be left.
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If Location or Regional Manager are not available, a voice mail message left, then the employee
must contact the dispatcher on duty to report absence or tardiness.
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If late due to accident or breakdown, the employee shall notify the dispatcher and both
dispatcher and driver will try to arrange a mutual switch with another employee.
Revised 7-1-2011
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When an employee is absent, arrives late for work or is a no call/no show, it constitutes a
customer service issue. Drivers must make every effort to work on time and to communicate in
advance reasons for not being able to report for their assigned shifts or road availability.
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Road drivers are responsible for answering their phones and accepting trips when called. The
same disciplinary process applies regarding non-response and refusal to take a trip.
Disciplinary Process:
 1st infraction: Verbal counseling – not documented to personnel file.
 2nd infraction: Verbal documented warning.
 3rd infraction: Written warning.
 4th infraction: Final Written warning.
 5th infraction: Termination.
 Three consecutive days of no call/no show will be considered job abandonment. Employee will
not be eligible for rehire.
Revised 7-1-2011
3.4 - SENIORITY
RailCrew Xpress is committed to rewarding seniority in each of our locations and
operations. In order to determine seniority the hire date is used.
If an employee terminates employment with RCX and returns after 60-days, the
first day of training or work will be used as the employee’s new hire date.
If an employee terminates employment with RCX and returns prior to a 60-day
leave then the employee will be rehired with the original date of hire used as the
seniority date.
Date of hire is defined as the first day trained or worked. If more than one
employee has the same date of hire and began at the same time (such as in the
case of Day 1 training) seniority will be determined by the employee’s month and
then day of birth. The employee’s year of birth will not be taken into account.
Seniority will be used in permanent shift assignments at each location. It will not
be used to award promotions or application for a different position that requires a
different skill set and duties (i.e. driver applying for PDS).
Seniority will not be considered in a Road Driver’s rotation position within the
Dispatch Queue.
Seniority will be used during lay-off situations. The last hired will be the first
selected for lay-off.
Revised 7-1-2011
3.5 – ANTI-DISCRIMINATION/HARASSMENT POLICY
It is the Company’s policy to maintain a work environment free from all forms of
unlawful discrimination and harassment, including sexual harassment. The
Company is committed to enforcing the Anti-harassment Policy at all levels within
the Company.
Harassment on the basis of protected class or status is strictly prohibited. Under
this policy harassment is verbal, visual or physical conduct that shows hostility or
aversion toward an individual because of his/her race, color, religion, sex, age,
national origin, disability or any other characteristic protected by law or that: (i)
has the purpose or effect of creating an intimidating, hostile or offensive work
environment; (ii) has the purpose or effect of unreasonably interfering with an
individual's work performance; or (iii) otherwise adversely affects an individual's
employment opportunities.
Sexual harassment consists of conduct of a sexual nature where (1) submission
to such conduct is made either explicitly or implicitly a term or a condition of an
individual’s employment; (2) an employment decision is based on an individual’s
acceptance or rejection of such conduct; or (3) such conduct interferes with an
individual’s work performance or creates an intimidating, hostile or offensive
working environment. Retaliation or reprisal against anyone who has expressed
concern about sexual harassment or discrimination is illegal.
If you believe you or any other employee has been the subject of harassment by
anyone including your manager, co-worker, client, vendor or visitor, you must
report the incident immediately to your immediate manager or the Employee
Hotline, 913-928-5057. A prompt and thorough investigation will be conducted.
Anyone found to have violated this policy will be disciplined, up to and including
termination of employment. Retaliation or reprisal against an individual who is an
alleged target of harassment, who has made a good faith complaint, or who has
provided information in connection with a complaint, is in separate violation of
this policy and will result in disciplinary action, up to and including termination of
employment. Reports of retaliatory behavior must be reported through the same
channels as stated above.
Revised 7-1-2011
Harassment may include any of the following, but is not limited to:
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Verbal abuse or ridicule. This includes epithets, derogatory comments,
slurs or unwanted sexual advances, invitations, or comments.
Interference with an employee’s work. This includes physical contact such
as assault, blocking normal movement, or interference with work directed
at an individual because of his/her sex or other protected status.
Displaying or distributing sexually offensive or racist materials. This
includes derogatory posters, cartoons, drawings or gestures.
Discriminating against any employee in work assignments or job related
training.
Intimate physical contact.
Making sexual or racial innuendos.
Demanding favors (sexual or otherwise), explicitly or implicitly, as a
condition of employment, promotion, transfer or any other term or
condition of employment.
Retaliation for having reported harassment.
Revised 7-1-2011
3.6 – VIOLENCE IN THE WORKPLACE
The Company has adopted a policy prohibiting workplace violence. Any acts or
threats of physical violence, including intimidation, harassment, and/or coercion,
that occur on Company property or while you are at work will not be tolerated.
Specific examples of conduct, which may be considered threats or acts of
violence include, but are not limited to, the following:
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Hitting, shoving or threatening to hit or shove an individual
Threatening an individual or his/her family, friends, associates, or property
with harm
Intentional destruction or damage or threatening to destroy or damage
Company property
Making harassing or threatening telephone calls
Harassing surveillance or stalking an individual
Possession of a handgun, firearm, knife or other weapon of any kind
regardless of whether the individual is licensed to carry the weapon on
Company property or while at work
The Company is concerned about the increased violence in society, which has
also filtered into many workplaces throughout the United States. As a result, we
have taken steps to help prevent incidents of violence from occurring at the
Company. It is our policy to expressly prohibit any acts or threats of violence by
any employee or former employee against any other employee in or about
Company facilities or elsewhere at any time. The Company will not condone any
acts or threats of violence against employees, customers, or visitors on Company
premises at any time or while they are engaged in business with or on behalf of
the Company, on or off Company premises. In keeping with the spirit and intent
of this policy and to ensure that the Company’s objective in this regard are
attained, it is the commitment of the Company:
1. To provide a safe and healthful work environment
2. To take prompt remedial action up to and including immediate termination
against any employee who engages in any threatening behavior or acts of
violence.
Revised 7-1-2011
3. To take appropriate action when dealing with customers, former
employees, or visitors to the Company’s facilities who engage in such
behavior. Such action may include notifying the police or other law
enforcement personnel and prosecuting violators of this policy to the
maximum extent of the law.
4. To establish viable security measures to ensure that the Company’s
facilities are safe and secure to the maximum extent possible and to
properly handle access to Company facilities by the public, off-duty
employees and former employees.
This includes, for example, threats or acts of violence, aggressive behavior,
offensive acts, threatening or offensive comments or remarks, etc. Employee
reports made pursuant to this policy will be held in confidence to the maximum
possible extent.
The Company’s prohibition against threats and acts of violence applies to all
individuals involved in Company business including but not limited to all
Company personnel, clients, vendors, or visitors. As part of this policy,
employees have a “duty to notify” their managers, security personnel, or other
management representatives of any suspicious workplace activity or situations or
incidents that they observe or are aware of that involve other employees, former
employees, customers, or visitors that appear problematic. If you are aware of an
act of violence which has occurred, or which may occur, or if you believe you or
any other employee has been the subject of workplace violence, you must report
the incident immediately to your Location Manager or Regional Manager, the
Employee hotline or the Employee Hotline (866-928-5046). A prompt and
thorough investigation will be conducted. The Company may choose to place
employees on Administrative Leave (with or without pay) pending such
investigations. Violations of this policy will result in disciplinary action, up to and
including termination of employment and/or legal action as is appropriate.
Under no circumstances may employees possess or use any licensed/unlicensed
firearms, weapons or explosive devices while on Company or client premises.
Violation of this policy may lead to disciplinary action up to and including
immediate termination.
Any retaliation or reprisal against an individual who is an alleged target of
workplace violence, who has made a complaint, or who has provided information
in connection with a complaint, is a separate violation of the Company’s
Workplace Violence Policy and will result in disciplinary action, up to and
including termination of employment.
Revised 7-1-2011
3.7 – PROGRESSIVE DISCIPLINARY
It is the responsibility of the Company to make reasonable work-related rules and
regulations pertaining to conduct, safety, job performance, attendance, and
production. It is the responsibility of employees to maintain regular attendance
and acceptable job performance and to follow all other work-related rules made
known to them. The employment relationship is at will and may be
terminated by the employee or the Company at any time for any reason,
with or without notice.
In the event that an employee has a problem with complying with these rules, it is
the responsibility of the supervisor to initiate appropriate discipline. Depending
on the nature and seriousness of the violation and the past work record of the
employee, discipline may begin with First Discipline Reminder or Second
Disciplinary Reminder or Decision-Making Unpaid Leave or Termination.
Continued inability or unwillingness to adhere to work rules during any stage of
this Discipline Procedure will result in termination, it is not necessary to utilize
each stage of the discipline procedure. Each type of discipline will be
documented by the supervisor and shown to and signed by the employee to
acknowledge that he/she has read the documentation. The types of discipline
are summarized as follows:
1st Disciplinary Reminder
The supervisor will privately discuss the infraction with the employee and remind
the employee of the importance of abiding by the work rule(s). This is a friendly
but serious explanation of why the Company needs to have its employees meet
certain standards. The discipline will be documented by the supervisor and
shown to and signed by the employee to acknowledge that he/she has read the
documentation. In no further incidents requiring disciplinary action within the
same category arise within 6 consecutive months; the discipline action will
become inactive.
2nd Disciplinary Reminder
If problems with adherence to work rules occur, the supervisor will privately
discuss the infraction and the employee’s past work record with him/her in a
supportive but serious manner. The goal of this meeting is to obtain the
employee’s agreement to improve in the future. The discipline will be
Revised 5-1-2012
documented by the supervisor and shown to and signed by the employee to
acknowledge that he/she has read the documentation. In no further incidents
requiring disciplinary action within the same category arise within 12 consecutive
months; the discipline action will become inactive.
Decision-Making Unpaid Leave
If the infraction is serious or is part of a pattern of unacceptable conduct, the
supervisor will privately discuss the infraction and the employee’s past work
record with the employee and then advise the employee not to come to work the
next three days.
The employee is to spend these days deciding whether or not to continue
working for the Company and whether or not he/she will agree to follow all the
rules. The employee will not be paid for the decision-making leave. The
discipline will be documented by the supervisor and shown to and signed by the
employee to acknowledge that he/she has read the documentation.
The Company hopes the individual will decide to correct the problem. Failure to
return to work or future violations before the discipline procedure period expires
will be interpreted as the employee’s decision to voluntarily his/her employment.
Upon returning to work from the decision-making leave, the employee will be
considered on disciplinary probation for 18 months following his/her return from
the decision-making leave. An infraction of any work rule during this time period
may be basis for termination.
NOTE: It is required to utilize the Decision Making Leave Form.
Termination
In the event of a major infraction of work rules, the employee may be terminated.
Also, if prior efforts at correction of the employee’s inability or unwillingness to
abide by work rules have proven unsuccessful and another disciplinary problem
arises, the employee may be terminated.
It is important to those employees who have made positive changes to know that
a clear record following imposition of discipline will be a positive consideration in
the event of a future infraction. As a general rule, if no further infraction occurs
for six months following the first Disciplinary Reminder or 12 months following the
Second Disciplinary Reminder or 18 months following a Decision-Making Unpaid
Leave, the employee will be considered to have a clear record. However,
infractions necessitating repetitious use of the discipline procedure will be a
consideration when future infractions occur.
Revised 5-1-2012
3.8 – SERIOUS INFRACTIONS
Various kinds of conduct warrant immediate termination as opposed to going
through each step of the progressive discipline policy. This sample list of such
conduct is merely a guideline, and is in no way intended to be all-inclusive.
Further, it is in no way a limitation on management’s discretion and prerogative to
effectuate progressive discipline.
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Falsification of Company records or engaging in other fraudulent acts.
Unauthorized removal, damage to, or destruction of Company
property/equipment, or that of clients or other employees.
Unauthorized entry or use of Company facilities or property.
Fighting or engaging in horseplay or other acts likely to cause bodily injury
or interference with Company obligations.
Disregard for safety policies, procedures, reporting requirements, and/or
proper use of safety gear, equipment, or involvement in vehicular or
personal accidents indicating an unacceptable pattern of incidents.
An accident which results in substantial material damages or loss of
human life.
Failure to immediately report an accident and/or injury according to
prescribed procedures.
Possession of firearms or other explosives within Company or on client
property.
Possessing, consuming, or being under the influence of intoxicants or
illegal drugs during working hours.
Interference with Company operations or deliberate misrepresentation of
Company policies or procedures.
Engaging in immoral or indecent behavior while on the job.
Use of abusive, obscene, or threatening language to supervisors, other
employees, railroad crews or client management.
Leaving assigned work location without permission.
Failure to show up for an accepted assignment will result in immediate
dismissal.
Refusal to submit to a drug and/or alcohol test.
Revised 7-11-2011
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Intimidation or coercion of other employees, supervisors, railroad crews,
or client management.
Violation of the Company’s policies against discrimination and
harassment.
Inappropriate use (illegal, fraudulent, unethical, harmful to company,
nonproductive or in violation of established policies) of electronic
correspondence including but not limited to system applications, internet,
remote access, monitoring, instant messaging, file storage, computer
viruses, user accounts and passwords, Copyrights and License
agreements, web browsers, etc.
Misuse or violation of protocol associated to confidential information.
Theft of company property including but not limited to fuel.
Revised 7-11-2011
3.9 - CONFIDENTIALITY
The protection of confidential business information is vital to the interests and success
of RailCrew Xpress. Such confidential information includes, but is not limited to, the
following examples:
Employee Protected Personal Information
Compensation data
Financial information
Marketing strategies
Pending projects and proposals
By continuing employment with RCX, employees agree that they will not disclose or use
any of RCX’s confidential information, either during or after their employment. Your
employment with RCX requires an obligation to maintain confidentiality, even after an
employee leaves RCX’s employ. Our customer, operating, or internal proprietary
financial information is as a private company. Violation of this policy may result in civil
and/or criminal litigation against a current or former employee.
If any member of the media (newspaper, television or radio reporters) questions you,
refer them to the Chief Executive Officer.
Revised 7-1-2011
3.10 - CUSTOMER SERVICE
The culture at RCX demands that high quality customer service be delivered at all
times. Occasionally you may have to deal with difficult people. It is your responsibility
as an employee of RCX to respond in a friendly, positive and professional manner. All
commitments made to other people should be met within the appropriate specified time
frame. If you are faced with a situation concerning a crew member or a co-worker that
you believe you cannot handle contact your immediate manager or contact the HR
Hotline, 877-928-5046 for assistance.
Examples of Customer Service include, but not limited to:
 Operating RCX equipment in a safe manner
 Assuring that railroad crews are treated with respect and dignity
 Reliability
o Answering dispatch calls when expected to be available for trips
o Covering your shift when scheduled
 Maintaining a clean professional appearance
 Performing your duties in a safe and consistent manner
Customer Service is a performance expectation. Customers include railroad
management, railroad crews, co-workers, vendors and all others that you come in
contact with while representing RCX as an employee.
Non-compliance will result in the appropriate disciplinary action.
Revised 7-1-2011
3.11 – PERSONAL APPEARANCE / DRESS CODE
You are expected to present a clean and professional appearance while
conducting business, in or outside of the office or at a field location.
Personal hygiene and good grooming must meet socially acceptable standards.
Dressing in a fashion that is inappropriate, unsafe, or negatively affects the
reputation of RailCrew Xpress is not acceptable. At minimum, these standards
require wearing clean long pants, clean collared shirts (tee-shirts in summer are
acceptable but the collared or tee-shirts may not display any graphics or printed
words apart from RCX logo) and closed-toed shoes.
Dresses, capris, shorts, tank-tops etc… are not acceptable within our client’s
locations. The dress code was set-up to reflect the requirements of our client’s
contracts.
Revised 7-1-2011
3.12 – ABANDONMENT OF SHIFT
Absence from work for three (3) consecutive days without notifying your
immediate manager will be considered a voluntary resignation as an
abandonment of shift.
For Road Drivers three (3) consecutive days of dispatch or your immediate
manager attempting to contact you to dispatch a trip without an answer will be
considered a voluntary resignation as an abandonment of shift.
Revised 7-1-2011
3.13 - COMPUTER/INFORMATION SYSTEM POLICY
The use of RailCrew Xpress technology equipment, including computers, fax machines,
and all forms of Internet/Intranet access, is for RailCrew Xpress business and is to be
used for authorized purposes only. Electronic communication "should not be used to
solicit or sell products, distract coworkers, or disrupt the workplace.
Use of RailCrew Xpress computers, networks, and Internet access is a privilege granted
by management and may be revoked at any time for inappropriate conduct including,
but not limited to
 Sending chain letters
 Engaging in private or personal business activities
 Misrepresenting oneself or RailCrew Xpress
 Engaging in unlawful or malicious activities
 Using abusive, profane, threatening, racist, sexist, or otherwise objectionable
language in either public or private messages
 Sending, receiving, or accessing pornographic materials
 Causing congestion, disruption, disablement, alteration, or impairment of
RailCrew Xpress networks or systems
 Installing unauthorized software/hardware
 Removing of any preinstalled software/hardware
 Contracting computer viruses, Trojans, spyware, etc
 Infringing in any way on the copyrights or trademark rights of other
 Using recreational games
 Defeating or attempting to defeat security restrictions on RailCrew Xpress
systems and applications.
Using RailCrew Xpress technologies to create, view, transmit, or receive racist, sexist,
threatening, or otherwise objectionable or illegal material is strictly prohibited. "Material"
is defined as any visual, textual, or auditory entity. Such material violates the RailCrew
Xpress anti-harassment policies and is subject to disciplinary action. RailCrew Xpress's
electronic mail system must not be used to violate the laws and regulations of the
United States or any other nation or any state, city, province, or other local jurisdiction in
any way.
Revised 7-1-2011
Ownership and Access of Electronic Mail and Computer Files
RailCrew Xpress owns the rights to all data and files in any computer, network, or other
information system used at RailCrew Xpress. RailCrew Xpress reserves the right to
monitor computer and e-mail usage, both as it occurs and in the form of account
histories and their content. RailCrew Xpress has the right to inspect any and all files
stored in any areas of the network or on any types of computer storage media in order
to assure compliance with this policy and state and federal laws. RailCrew Xpress will
comply with reasonable requests from law enforcement and regulatory agencies for
logs, diaries, archives, or files on individual computer and e-mail activities. RailCrew
Xpress also reserves the right to monitor electronic mail messages and their content.
Employees must be aware that the electronic mail messages sent and received using
RailCrew Xpress equipment are not private and are subject to viewing, downloading,
inspection, release, and archiving by RailCrew Xpress officials at all times. No
employee may access another employee's computer, computer files, or electronic mail
messages without prior authorization from either the employee or an appropriate
RailCrew Xpress official. RailCrew Xpress has licensed the use of certain commercial
software application programs for business purposes. Third parties retain the ownership
and distribution rights to such software.
No employee may create, use, or distribute copies of such software that are not in
compliance with the license agreements for the software.
Confidentiality of Electronic Mail
As noted above, electronic mail is subject at all times to monitoring, and the release of
specific information is subject to applicable state and federal laws and RailCrew Xpress
rules, policies, and procedures on confidentiality. Existing rules, policies, and
procedures governing the sharing of confidential information also apply to the sharing of
information via commercial software. Since there is the possibility that any message
could be shared with or without your permission or knowledge, the best rule to follow in
the use of electronic mail for non-work-related information is to decide if you would post
the information on the office bulletin board with your signature. It is a violation of
RailCrew Xpress policy for any employee, including supervisors, to access electronic
mail and computer systems files to satisfy curiosity about the affairs of others.
Employees found to have engaged in such activities will be subject to disciplinary
action.
Message Tone for Electronic Mail
Users are expected to communicate with courtesy and restraint with both internal and
external recipients. Electronic mail should reflect the professionalism of RailCrew
Xpress and should not include language that could be construed as profane,
discriminatory, obscene, sexually harassing, threatening, or retaliatory.
It is recommended that using all capital letters, shorthand, idioms, unfamiliar acronyms,
and slang be avoided when using electronic mail. These types of messages are difficult
to read.
Revised 7-1-2011
Electronic Mail Tampering
Electronic mail messages received should not be altered without the sender's
permission; nor should electronic mail be altered and forwarded to another user and/or
unauthorized attachments be placed on another's electronic mail message.
Policy Statement for Internet/Intranet Browser(s)
This policy applies to all uses of the Internet, but does not supersede any state or
federal laws or RailCrew Xpress policies regarding confidentiality, information
dissemination, or standards of conduct. The use of RailCrew Xpress automation
systems is for business purposes only. No personal use is acceptable.
Use is defined as "excessive" if it interferes with normal job functions, responsiveness,
or the ability to perform daily job activities. Examples of inappropriate use are defined in
"Inappropriate Use of the Internet/Intranet". Managers determine the appropriateness of
the use and whether such use is excessive. The Internet is to be used to further
RailCrew Xpress's mission, to provide effective service of the highest quality to
RailCrew Xpress' clients and staff, and to support other direct job related purposes.
Supervisors should work with employees to determine the appropriateness of using the
Internet for professional activities and career development. The various modes of
Internet/Intranet access are RailCrew Xpress resources and are provided as business
tools to employees who may use them for research, professional development, and
work-related communications. Limited personal use of Internet resources is a special
exception to the general prohibition against the personal use of computer equipment
and software. Employees are individually liable for any and all damages incurred as a
result of violating RailCrew Xpress security policy, copyright, and licensing agreements.
All RailCrew Xpress policies and procedures apply to employees' conduct on the
Internet, especially, but not exclusively, relating to: intellectual property, confidentiality,
RailCrew Xpress information dissemination, standards of conduct, misuse of RailCrew
Xpress resources, anti-harassment, and information and data security.
Inappropriate Use of the Internet/Intranet
Use of RailCrew Xpress computer, network, or Internet resources to access, view,
transmit, archive, or distribute racist, sexist, threatening, or otherwise objectionable or
illegal material is strictly prohibited. "Material" is defined as any visual, textual, or
auditory item, file, page, graphic, or other entity. Such material violates RailCrew
Xpress's anti-harassment policies and is subject to RailCrew Xpress disciplinary action.
No employee may use the RailCrew Xpress's Internet/Intranet facilities to deliberately
propagate any virus, worm, Trojan horse, trap-door program code, or other code or file
designed to disrupt, disable, impair, or otherwise harm either the RailCrew Xpress's
networks or systems or those of any other individual or entity. RailCrew Xpress'
Internet/Intranet facilities and computing resources must not be used to violate the laws
and regulations of the United States or any other nation or any state, city, province, or
other local jurisdiction in any way. Use of RailCrew Xpress resources for illegal activity
can lead to disciplinary action, up to and including dismissal and criminal prosecution.
Revised 7-1-2011
]Internet/Intranet Security
RailCrew Xpress owns the rights to all data and files in any information system used in
RailCrew Xpress. Internet use is not confidential and no rights to privacy exist. RailCrew
Xpress reserves the right to monitor Internet/Intranet usage, both as it occurs and in the
form of account histories and their content. RailCrew Xpress has the right to inspect any
and all files stored in private areas of the network or on any types of computer storage
media in order to assure compliance with this policy and state and federal laws.
RailCrew Xpress will comply with reasonable requests from law enforcement and
regulatory agencies for logs, diaries, archives, or files on individual Internet activities.
Existing rules, policies, and procedures governing the sharing of work-related or other
confidential information also apply to the sharing of information via the Internet/Intranet.
Except for the Web pages produced by RailCrew Xpress, RailCrew Xpress does not
control Internet content and makes no general effort to limit Internet access.
Computer Repair/Maintenance/Upgrading/Downgrade
RailCrew Xpress owns all automation systems, including computers, fax machines, and
all forms of Internet/Intranet access therefore all Repair, Maintenance, Upgrading, or
Downgrade must be conducted by RailCrew Xpress Information Technology
Department or by a preauthorized base by RailCrew Xpress Information Technology
Department. All unauthorized Repair, Maintenance, Upgrading or Downgrade
preformed on RailCrew Xpress Equipment will not be reimbursed and you could be
subject to disciplinary action up to and including termination of employment. RailCrew
Xpress offers a remote utility to access your assigned system for diagnostic and repair
to help optimize the speed at which your system can be repaired. RailCrew Xpress
assumes no liability for any loss or damages to users data on RailCrew Xpress
equipment. All computer-related purchases must be placed by the RailCrew Xpress
Information Technology Department.
Violation of these policies will lead to disciplinary action, up to and including dismissal.
Revised 7-1-2011
3.14 – SMOKING POLICY
No smoking of any kind is permitted inside any RailCrew Xpress offices or
vehicles. Smoking may take place only in designated smoking areas outside
RailCrew Xpress facilities or as permitted on customer property. The Company
complies with all local laws and ordinances governing smoking in the workplace.
There is to be no smoking in the vans, with and/or without crews. For trips
exceeding 100 miles, one (1) stop may be made for no longer than ten (10)
minutes to allow smokers a smoke break, provided that all passengers agree
upon this stop. This does not include having the window down and smoking in
the van. Also, it is important to stand far enough away from the van or make
sure that the windows are up and the van door closed while smoking.
If you are operating on Union Pacific property specifically, be aware that Union
Pacific Railroad has a Non-Smoking Policy in effect while on Union Pacific
property. Non-compliance with the policy will be grounds for immediate
termination.
Revised 7-23-2012
3.15 – TRANSFER POLICY
RailCrew Xpress recognizes that a desire for career growth and other needs may
lead an employee to request a transfer to another position or location. An
employee with proper qualifications will be eligible for consideration for transfer
as determined by company needs, available openings, and management
approval. An employee must be in good standing with a minimum of no
disciplinary actions within the last 90-days of employment.
Revised 7-1-2011
3.16 – OUTSIDE EMPLOYMENT
Employees may not take an outside job, either for pay or as a donation of their
personal time, with a customer or competitor of RailCrew Xpress; nor may
employees work on their own if it competes or interferes in any way with the
services that RailCrew Xpress provides to its clients. Combined hours of service
between RailCrew Xpress and other employment must not exceed Department of
Transportation (DOT) hours of service guidelines.
Revised 7-1-2011
3.17 - RESIGNATION
Resignation is a voluntary act initiated by the employee to terminate employment with
RailCrew Xpress. In order to resign in good standing, RCX requests at least two weeks
written resignation notice from all employees, three weeks for professional staff and
managers.
Employees that do not provide a minimum of a two-week advance notice of resignation, three
weeks for professional staff and managers, are not eligible rehire. You will need to access
specific benefit polices for continuation options upon terminating employment.
On the last day worked employees must turn in all RCX property.
Revised 7-1-2011
3.19 – WORKER COMPENSATION PROGRAM
The Company provides Workers’ Compensation insurance for job-related injury
or illness. This program provides for medical and lost time benefits for injuries
and illnesses arising out of and in the course of your employment with the
Company.
If you experience a work-related injury or illness (no matter how small) you must
immediately notify your immediate manager. You will be required to submit to a
post-accident drug and/or alcohol test in accordance with the Company Workers’
Compensation policies. Failure to submit to this testing may disqualify you from
benefits and will result in your immediate termination.
The Company and their insurance carrier will not be responsible for the payment
of Workers’ Compensation benefits for any injury which arises out of your
voluntary participation in any off-duty recreational, social or athletic activity which
is not part of your work related duties.
RCX has elected not to obtain workers’ compensation coverage in Texas. Should
you experience a work related injury, you will be covered under our Texas Injury
Benefit Plan. You have received a copy of this Plan and are to complete the
acknowledgement form agreeing to its conditions. This Plan provides benefits for
work-related injuries for those employed in Texas or who are injured while in the
state. Benefits are conditioned on you reporting a work-related injury within 24
hours to your immediate manager. Our Plan, which replaces workers’
compensation, has excellent benefits to take care of our people.
Under the Texas Injury Benefit Plan, you must report your injury immediately but
no later than 24 hours from the time of the Injury, to immediate manager.
You are also required to fill out an Incident Report Form within this 24 hour
period. A copy of the form will be provided to you by your immediate manager.
You may only use approved medical providers to treat your work-related injury or
occupational illness to receive Plan benefits. You will be directed where to go.
Revised 7-1-2011
You will be required to submit to a drug and alcohol screening for any workrelated injury. If you have questions, you may call our Claims Manager at (913)
928-5008.
RailCrew Xpress has a mandatory policy requiring that certain claims or
disputes relating to an on-the-job injury (that cannot otherwise be resolved
between the Company and the employee) must be submitted to an arbitrator,
rather than a judge and jury in court. Please refer to your Summary Plan
Description for more information.
Any information regarding a fraudulent or a suspicious Workers’ Compensation
claim must be reported to your Location Manager or Regional Manager at the
Company and/or the Employee hotline. Fraudulent Workers’ Compensation
claims will be prosecuted to the fullest extent.
Revised 7-1-2011
3.20 – SECURITY AND IDENTIFICATION
At the time of employment, an E-rail (identification) badge will be issued to you. If you lose or
damage your badge it must be replaced at a cost to you of $15.00. RCX will replace
defective badges free of charge. Badges are issued as a requirement of RCX contracts with
the railroads and so that you can be readily identified as an RCX employee. You are
required to wear your badge at all times while on duty. When wearing your badge please
follow these guidelines:
 Wear the badge on the left breast pocket of your coat or shirt.
 Do not wear other attachments, stickers, or markings on the badge.
 Wear the badge so that it can be seen and read easily.
Identification badges are considered the property of RCX and must be returned upon
termination of employment. If they are not returned a $15.00 fee will be assessed.
Revised 7-1-2011
4.1 – HOURLY PAID TIME OFF (PTO)
Hourly Employees will accrue paid time off (PTO) each pay period, beginning
immediately upon hire and awarded upon the employee’s anniversary date. The
purpose of the PTO policy is to allow employees to accrue time away from the job for
personal needs such as vacation, sick time, personal appointments, etc… The accrual
will be based off of the number of hours you have worked during the pay period. The
accrual table is:
Years of Continuous Employment
1-3 years of completed employment
4-10 years of completed employment
11+ years of completed employment
Accrual Percentage
2%
4%
6%
FT Equivalent
1 week
2 weeks
3 weeks
An hourly employee must be employed a minimum of one (1) consecutive year prior to
using PTO hours. Only accrued PTO hours from the prior year can be used. An
employee will not be able to use PTO hours which will put him or her in a negative PTO
balance.
Employees must submit their PTO request 14-days in advance to be approved by their
Manager. Managers are responsible for ensuring that each location and department is
staffed. Therefore, it will be the manager’s discretion as to whether the PTO request is
approved. Generally, first requests for a specific date will be honored. Only preapproved PTO hours will be considered an excused absence. If an employee contacts
his/her manager 2 hours prior to their shift or availability for road drivers to report the
inability to work due to illness and PTO is available the absence will be considered an
excused absence. All other call-ins or time away that was not pre-approved will be
considered an unexcused absence.
The PTO policy is a use-it or lose-it policy. PTO will not be paid out in lieu of taking the
time off. The only exception to the “use-it or lose-it” is if at the end of an employee’s
anniversary year he/she has submitted a minimum of three requests to use their
accrued available PTO and been denied each time by their Manager. The
documentation of the denied PTO requests must be submitted to the payroll department
two weeks prior to the employee’s anniversary date in order for the unused PTO to be
paid out on the first payroll after the employee’s anniversary date. It is the responsibility
of the employee to submit the documentation for pay-out of denied PTO usage. Upon
termination, for employees that have completed a minimum of one year of employment,
awarded accrued PTO time will be paid out upon an employee’s termination. The
unused PTO will be paid on the employee’s last payroll check. For employees that do
not complete a minimum of one year of employment the accrued PTO time will be
forfeited.
Revised 7-1-2011
4.2 - HOLIDAYS
Employees that work the company sponsored holiday will be paid a $25.00 premium.
This is over and above the regular wages to be paid for hours worked on the following
holidays:
 New Years,
 Easter
 Memorial Day
 Independence Day
 Labor Day
 Thanksgiving
 Day after Thanksgiving
 Christmas
RCX will publish the specific date that will be recognized for the above holidays each
December for the upcoming year.
Revised 7-1-2011
4.3 - BEREAVEMENT LEAVE
Employees are eligible for bereavement leave upon hire. In the event of the death of a
spouse, de facto spouse, child, grand-child, parent, grandparent or sibling RCX will
grant leave with pay not to exceed one (1) benefit day. RCX will consider extenuating
circumstances if additional time off is needed. The employee will provide
documentation of the death if requested by the employer.
The death of an extended family member, a friend, colleague, or acquaintance, or any
other individual not specifically mentioned above, requires the use of PTO time.
Revised 7-1-2011
4.4 – JURY DUTY
Upon receipt of the notice to serve jury duty, you must notify your immediate
manager. You must provide a copy of the notice to serve which will be kept for
attendance purposes. Following completion of your jury duty you must submit a
signed Certificate of Jury Service indicating the number of days served.
During this leave, the Company will compensate you in accordance with
applicable law. The Company may require you to report to work any day you are
excused early from jury duty.
Revised 7-1-2011
4.5 - UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT
The Company is committed to providing the basic employment and
reemployment services and support as set forth in the Uniformed Services
Employment and Reemployment Rights Act of 1994 (USERRA). If you are a
member of the United States Armed Forces, the Company will grant you a leave
of absence for military service, training or related obligations in accordance with
applicable law. At the conclusion of your leave the Company will return you to
the position you held prior to your leave or to a position that you are qualified to
perform with like seniority, status and pay, in accordance with applicable law.
During your military leave the Company will continue your benefits through the
end of the month in which your leave initiated. Thereafter you may elect to
continue your coverage(s) for up to eighteen (18) months; however you may be
required to pay all or part of the premium for the continuation coverage.
Upon your receipt of orders for active or reserve duty, you must notify your
Location Manager or Regional Manager. You should submit a copy of the military
orders (unless you are unable to do so because of military necessity or if it is
otherwise impossible or unreasonable to do so).
Revised 7-1-2011
4.6 - FAMILY AND MEDICAL LEAVE ACT (“FMLA”)
The Company will grant family and medical leave in accordance with the
requirements of applicable state and federal law in effect at the time the leave is
granted. No greater or lesser leave benefits will be granted than those set forth in
the relevant state or federal laws. In certain situations, the federal law requires
that provisions of state law apply. Please contact your Location Manager or
Regional Manager as soon as you become aware of the need for a family and
medical leave. The following is a summary of the relevant provisions.
Eligibility
To be eligible for family and medical leave benefits, you must: (1) have worked
for The Company for a total of at least 12 months; (2) have worked at least 1,250
hours over the previous 12 months; and (3) work at a location where at least 50
Employees are employed by The Company within 75 miles.
Available Leave
Eligible Employees under federal law may receive up to a total of 12 workweeks
of unpaid leave during a 12-month period. A 12-month period begins on the date
of the Employee's first use of federal family and medical leave. Successive 12month periods commence on the date of an Employee's first use of family and
medical leave after the preceding 12-month period has ended.
Leave may be used for one or more of the following reasons: (1) for the birth or
placement of a child with an Employee for adoption or foster care; (2) to care for
an immediate family member (spouse, child, or parent) with a serious health
condition; or (3) to take medical leave when the Employee is unable to work
because of a serious health condition. Under some circumstances, Employees
may take family and medical leave intermittently--which means taking leave in
blocks of time, or by reducing their normal weekly or daily work schedule.
Certain restrictions may apply.
Notice & Certification
Revised 7-1-2011
If you need family and medical leave, you may be required to provide:
1. 30-day advance notice when the need for the leave is foreseeable;
2. Certification from a health care provider (both prior to the leave and prior
to reinstatement);
3. Periodic recertification; and
4. Periodic reports during the leave.
When leave is needed to care for an immediate family member or your own
serious health condition, and is for planned medical treatment, you must try to
schedule treatment so as not to unduly disrupt the Company’s operation.
Compensation During Leave
Family and medical leave is unpaid. The Company requires that you use
accrued paid leave (such as vacation and/or any other PTO leave) to cover some
or all of the family and medical leave. The use of paid time off will not extend the
length of a family and medical leave.
Benefits During Leave
The Company will maintain, for up to a maximum of 12 workweeks of family and
medical leave, any group health insurance coverage that you were provided
before the leave on the same terms as if you had continued to work. In some
instances, The Company may recover premiums it paid to maintain health
coverage if you do not return to work following family or medical leave.
If you are on family and medical leave but you are not entitled to continue paid
coverage, you may continue your group health insurance coverage through The
Company in conjunction with federal COBRA guidelines by making monthly
payments to the Company for the amount of the relevant premium. Please
contact your Location Manager or Regional Manager for further information.
Job Reinstatement
Under most circumstances, upon return from family and medical leave, you will
be reinstated to your previous position, or to an equivalent job with equivalent
pay, benefits, and other employment terms and conditions. However, upon
return from a family and medical leave, you have no greater right to
reinstatement than if you had been continuously employed rather than on leave.
For example, if you would have been laid off had you not gone on family and
medical leave, or if your position has been eliminated during the leave, then you
will not be entitled to reinstatement.
Revised 7-1-2011
If you are returning from family and medical leave taken for your own serious
health condition, but you are unable to perform the essential functions of your job
because of a physical or mental disability,
The Company will attempt to accommodate you. Your use of family and medical
leave will not result in the loss of any employment benefit that you earned or
were entitled to before using family and medical leave.
Revised 7-1-2011
4.7 SERVICE MEMBER FAMILY & MEDICAL LEAVE POLICY
The federal Family & Medical Leave Act (FMLA) has been modified to include
additional leave to eligible employees for a covered family member’s service in
the Armed Forces. This policy is intended to expand the current version of our
FMLA policy with the same general notification of employee rights to include
those listed in this policy. It is our policy to comply with any and all family and
military leave policies and our policies will automatically be modified as additional
laws change.
Service member FMLA provides eligible employees with additional unpaid leave
entitlement for any one of the following:
•
•
A “qualifying exigency” arising out of a covered family member’s active
duty or call to active
duty in the Armed Forces and/or:
To care for a covered family member who has incurred an injury or illness
in the line of duty while on active duty in the Armed Forces provided that
such injury or illness may render the family member medically unfit to
perform duties of the member’s office, grade, rank, or rating.
The length of the Service member FMLA leave if due to a “qualifying exigency” is
up to 12 workweeks of unpaid FMLA leave during any 12 month rolling period of
time.
The length of the Service member FMLA leave if to care for an injured or ill
Service member may be up to a maximum of 26 work weeks of unpaid FMLA
leave.
All leave must run concurrently with any other federal, state or local leave
entitlement.
If you have any questions you should contact your Location Manager or Regional
Manager, or the Employee Hotline.
Revised 7-1-2011
5.1 – HEALTH, DENTAL AND OTHER INSURANCE BENEFITS
GROUP HEALTH INSURANCE -We offer a group limited coverage health and
other insurance plans for its regular full-time employees upon completion of their
90 day introductory period.
The Company pays a specified contribution each month towards the cost of the
employee’s health insurance. The employee is responsible for the premium
difference and for any other dependent coverage premium. The employee’s
share of the premium is deducted from his/her payroll check.
SUPPLEMENTAL BENEFITS - The following listed benefits are made available
to all regular full-time employees after 90 days of employment. Although
employees are responsible for the full premium for these benefits, they are
offered at an affordable group rate. Summary plan descriptions are provided to
employees during the benefits orientation.
Dental Insurance
Flexible Spending Accounts
Supplemental Life Insurance
Short Term Disability
Long Term Disability
Revised 7-1-2011
5.2 – COBRA
The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives
eligible employees and their qualified beneficiaries the opportunity to continue
health insurance coverage under the RailCrew Xpress health plan when a
"qualifying event" occurs that would normally cause them to lose their health
insurance coverage.
Examples of “qualifying events” include changing jobs due to resignation,
termination, or death of an employee; a reduction in an employee's work hours; a
leave of absence; employee's divorce or legal separation; and a dependent child
no longer meeting eligibility requirements.
Under RCX’s COBRA administration, you or your beneficiary are responsible to
pay the cost of coverage at RCXs group rates plus a 2% administration fee. RCX
provides all employees of the Company with a written notice describing rights
granted under COBRA when they are hired. The notice contains important
information about the employee’s rights and obligations.
Revised 7-1-2011
5.3 - REFERRAL BONUS
The greatest resources at RCX are our employees. In turn, the best applicants
are going to come from our current employees where there is incentive to mentor
and help train our new employees. In order to incentivize our current employees
to recommend, mentor and ensure an excellent on-boarding process for new
hires RCX has developed the following referral bonus program:




After the new hire has been finalized and worked for 30-days, the referring
employee will be paid a $50 referral bonus.
After the new hire has completed 60-days of employment the referring
employee will be paid an additional $75 referral bonus.
After the new hire has completed 90-days of employment the referring
employee will be paid an additional $125 referral bonus.
After the new hire has completed 180-days of employment the referring
employee will be paid a final $250 referral bonus.
There are a few parameters around this bonus program. They are:
 The referring employee must continue to be actively employed and
mentoring the new hire.
 The referring employee will be disqualified for receiving a referral bonus if
he/she has progressive discipline steps taken due to attendance or other
RCX rule or policy violation.
 Managers are not eligible for a referral bonus within the location or area
that they manage.
 Re-hires to RCX do not qualify for a referral bonus.
All bonuses will be paid on the payroll that includes the time period in which the
new hire reached one of the above employment dates.
Revised 7-11-2012
6.1 – EMPLOYEE HELP LINE
RailCrew Xpress has developed an Employee Help Line to help serve our
employees with most of their questions, comments or reporting safety issues or
harassment. The following is available to our employees when using the
Employee Help Line, 877-928-5046.
Options:
1. Reporting an Accident
2. Dispatch
3. Roadside Assistance
4. Employee Inquiries
Submenu:
1-Safety
2-Payroll
3-Harassment/Discrimination
a. Employee Complaints
4-Benefits
5. Company Updates
6. Inclement Weather Updates
7. Employment Opportunity
Most options above have 24/7 coverage. Other options have voice mail or
recorded messages.
RCX has a zero tolerance for harassment of any kind in the workplace. The
Harassment/Discrimination hotline has been imbedded in this Employee Help
Line and is the appropriate place to file a complaint of harassment in the
workplace.
Revised 7-24-2012
877-928-5046
6.2 – SUGGESTIONS
RailCrew Xpress encourages all employees to bring forward their suggestions
about making RailCrew Xpress a better place to work and enhancing service to
our customers. Any employee who sees an opportunity for improvement is
encouraged to talk it over with management. Management can help bring ideas
to the attention of the people in the organization that will be are responsible for
possibly implementing them. All suggestions are valued.
Revised 7-1-2011
6.3 - ISSUE RESOLUTION POLICY
RailCrew Xpress is committed to providing a work environment which provides
respectful and fair business practices. There are times when an employee may feel that
they are not being treated fairly. In such cases the following issue resolution procedure
should be utilized:
1. The employee should first contact their immediate supervisor/manager, generally
a Lead Driver, to discuss the issue or concern in an effort to find resolution.
2. If no resolution has been agreed to, the employee must submit in writing the
issue, how this has impacted the employee, steps taken to-date with the
immediate supervisor and the resolution sought. This must be given to the next
manger in line, generally a Location, Area or Regional Manager within seven
days of initial issue resolution discussion with immediate supervisor/manager.
The manager will have seven days to investigate the issue and respond to the
employee in writing.
3. This procedure will continue until there is an agreed upon resolution or until the
issue reaches the President/CEO. The President/CEO will be the final step in
the issue resolution process.
Revised 7-1-2011
6.4 - OPEN DOOR POLICY
RCX has adopted an Open Door Policy for all employees. Employees are
encouraged and expected to utilize this Policy. This means, literally, that every
manager’s door is open to every employee. (Employees should, absent unusual
circumstances, raise the issue with their immediate supervisor before raising the
issue with another manager.) The question, issue or complaint may be oral or in
writing.
The purpose of the policy is to make sure all employees are free to raise
questions, issues or complaints about any matter of concern to the employee.
Employees are not limited to concerns but may raise any suggestions which will
better enable the employee to perform his or her job or RCX to better service its
customers. No adverse action will be taken against an employee because they
take advantage of this policy. Managers will make every effort to respond to
issues, questions and issues within twenty-four (24) hours of the meeting.
7-12-2012
7.1 – 8 CRITICAL SAFETY RULES
As a professional driver, you are responsible for the safety of all passengers in
the van as well as yourself, the safety of all persons working around the van,
customer’s property, the general public, and company property. Any employee,
who violates a RCX safety rule, fails to immediately report an accident, engages
in any unsafe practice, or whose negligence or carelessness contributes to an
accident or injury will be subject to disciplinary action up to and including
termination of employment. You will receive ongoing training and safety
information to ensure you have the knowledge to function in your role as a
Professional Driver.
RCX has identified Eight (8) Critical Safety Rules which will enable you to provide
safe and reliable service as a Professional Driver. These rules have been
expanded below and must be complied with, no exceptions.
1.
2.
3.
4.
5.
6.
7.
8.
Comply with Hours of Service (HOS)
Complete Your Pre-trip Inspection
Mandatory Use of Seat Belts
Railroad Crossing Safety
Don’t Foul the Tracks
Stop Backing Accidents- If in Doubt, Get Out and Look
Speed Management and Animal Avoidance
Driver Must report all Accidents Immediately after the Accident
1. HOS
All RailCrew Xpress employees are responsible for maintaining their Hours of
Service. The applicable HOS regulations are:
 10-hour driving limit
No driver may drive for more than 10 hours after 8 consecutive hours
off duty
 15-hour On-Duty limit
No driver may be on duty for more than 10 hours after 8 consecutive
hours of rest; only 10 of these hours can be driving. Off-duty time is not
included in the 15-hour period.
Revised 7-24-12

70-hour/8 days On-Duty limit
No driver may be on duty for more than 70 hours within 8 days (This
includes any employment outside of RCX; combined hours worked
with ALL employers may not exceed the 70-hour limit. It is your
responsibility to comply)
 8-hour Off-Duty period
An employee must have 8 consecutive hours off duty between on-duty
periods. Employees may at their discretion request, through their
immediate manager, special consideration of an additional 2 hour offduty period, for a total of 10 hour off-duty.
If an employee does not manage their HOS they will be subject to disciplinary
action, up to and including termination of employment.
2. Pre-trip Inspections.
 Never operate your vehicle without a pre-trip inspection at the beginning of
your shift, regardless of how quickly you have been asked to pick-up a
crew.
 Specific hazards will cause your vehicle to be placed out of service (OOS).
Notify your Location Manager or Area Manager immediately if any out-ofservice issues have been identified. Do not operate your vehicle when it
should be out-of-service. Contact the Employee Hotline if directed to
operate your vehicle under this condition.
 You cannot be reprimanded for refusing to operate an unsafe vehicle.
 Keep your vehicle clean. This is a condition of employment.
 Drivers will be trained in effective pre-trip inspections and the proper
inspection forms to use for this purpose. These inspections are critical to
our business, your safety and the safety of our passengers and the
general public. Failure to comply with company specified pre-trip
inspections will result in disciplinary action.
3. Mandatory Use of Seat Belts
 You, as a professional driver, must ensure all passengers, as well as
yourself, are wearing seat belts properly, including shoulder harness.
Never operate your vehicle without everyone buckled-up. You are not
allowed to move your vehicle if crew are unbuckled.
4. Railroad Crossing Safety
You will be working around railroad tracks and trains every workday. The
following key points will help keep you, our passengers and other railroad
employees safe.
All RCX vehicles are required to follow very specific railroad track crossing
safety practices
A. When approaching a railroad crossings on public road ways and
highways:
a. Move to the right-hand lane
b. Turn on 4-way flashers 100 feet before the railroad crossing
Revised 7-24-12
c. Reduce speed and turn your radio off
d. Be Prepared to stop if tracks are in use
e. Look for trains, railroad crew, etc. in both directions - left, right, left
f. Open each front window and listen for an approaching train
g. Proceed when safe to do so, clearing all tracks quickly and live
B. When approaching a railroad crossing on railroad property:
a. Turn on 4-way flashers 100 feet before the railroad crossing
b. Reduce speed
c. Prepare to stop safely
d. Stop completely 50 -15 feet before the crossing
e. Look for trains, railroad crews, etc. in both directions - left, right, left
f. Open each front window, turn the radio down and listen for a train
g. Proceed when safe to do so, clearing all tracks quickly and live
C. If the vehicle gets stuck on a railroad track and impact is NOT imminent:
a. Exit the vehicle with your passengers immediately!
b. Move a safe distance away from the vehicle
c. Call 911
d. Call RCX Dispatch Center, advising them of your specific location,
and request they advise the railroad promptly regarding your stalled
vehicle. The address of the crossing is located on the cross buck
of the crossing you are stalled on.
D. Before crossing tracks where visibility is impaired by railroad equipment or
other obstructions that prevent a clear view of approaching trains, the
driver must:
a. Stop the vehicle and verify (by either flagman or personal
observation) that there will be no movement on the track(s) being
crossed, or
b. Use an alternate crossing
We want you to LOOK, LISTEN and LIVE when crossings tracks
5. Don’t Foul the Tracks
 Railroad policy defines fouling of track as occupying any area within four
(4) feet of the nearest rail of a railroad track.
 No vehicle or person may be within 4 feet of the outside rail. To give an
example of how to estimate this distance, a person holding his arm
straight out from the shoulder where the fingers are immediately above an
outside rail, the opposite shoulder is about 4 feet distance from the rail.
 Use this rule should you ever be required to stop your vehicle adjacent to
a railroad track. When the driver or passenger door is fully opened, there
must still be 4 additional feet between the outside rail and the width of the
person standing next to a fully opened door. That equates to a total of 8Revised 7-24-12
10 feet from the closest rail.
complying with this policy.
There are no exceptions permitted to
6. Stop Backing Accidents-When in Doubt, Get Out and Look
Drivers should make every effort to avoid operating a vehicle in such a manner
that would require a backing maneuver. Backing a vehicle is not encouraged and
contrary to our goal of providing safe, dependable transportation services, and to
perform these services efficiently. Backing should be isolated exceptions to the
operation of the vehicle, and backing should only occur when there is no other
reasonable alternative.
When Hauling BNSF Crews
Do not back with crew on board without asking the crew members to spot for you
while you back the vehicle. If the crew members decline, contact local railroad
management for instructions on how to proceed. If you are unable to make radio
contact with the railroad, don’t back the vehicle.
If a crew member volunteers to spot for you remember prior to beginning the
backing maneuver review and agree upon the hand and arm signals to be used
during backing.
When Hauling UP Crews
Never back with crew on board.
When Hauling KCS Crews:
Never back with crew on board.
This backing policy has been implemented to ensure the safety of you, your
crew, and RCX equipment. Failure to comply with this policy will result in
disciplinary action, up to and including termination of employment.
7. Speed Management and Animal Avoidance
 Speed Management
o Under normal conditions follow all highway and road speed limits
o Operate your vehicle at reduced speed for conditions during
adverse weather or traffic congestion.
o Follow any Dispatch directive on speed restrictions issued from
Operations.
 Animal Avoidance
o Operate RailCrew Xpress vehicles 10 MPH below the posted speed
limit, no less than 55 MPH
 Year Round
 Dusk to Dawn
 Outside City Limits
 When you spot animals in the area
Revised 7-24-12
8. Driver Must Report all Accidents immediately After the Accident
 Attend to your safety and the safety of your passengers
 Call 911 if emergency response is needed or a 3rd party is involved
 Call the Driver Help Line to report the accident: You will find instructions
on the passenger side sun visor. Make this call before you call your
Location or Regional Manager
 Call your Location or Regional Manager to report the accident
 Texas employees are required to file an accident report within 24-hours in
order to be covered for medical treatment
 Glass Damage
o If glass chips or breaks due to any reason other than a collision,
call Safelite; phone # located on visor vert
 Should you sustain a work-related injury, you are required to immediately
report the injury to Medcor at 1-800-775-5866.
Revised 7-24-12
7.2 – GENERAL DRIVER SAFETY RULES
The following rules have been established to assist you in completing your
assigned trips without incident. SAFETY Is The Most Important Aspect Of Our
Service.
1. All baggage or any other gear is to be secured behind the rear seat cargo
net. Loose objects should not be allowed in the passenger compartment
under any circumstances.
2. Verify that the cargo net webbing behind the rear seat is secure and in
place at all times.
3. It is your responsibility to keep the railroad radio turned on and tuned to
the proper channel AT ALL TIMES. The railroad may need to contact you
while en-route to change your original dispatch.
4. Keep headlights turned on for safety AT ALL TIMES, whether it is day or
night.
5. The use of personal cell phones (except for emergencies), CB radios
and/or radar detectors is strictly prohibited.
6. If you receive a moving traffic violation, you MUST report it to your
Location Manager, Area Manager or Regional Manager. Excessive
moving violations will be cause for termination.
7. SAFETY of your passengers is your primary responsibility; you need to
take whatever steps are necessary to assure their safety.
8. The use of cellular phones while the vehicle is in motion is strictly
prohibited. You must pull the van to a safe location and come to a
complete stop to make or receive a call. There will be NO
EXCEPTIONS!
9. The transportation by RailCrew Xpress of railroad crewmembers is
allowed only in company vans. There are no exceptions.
10. Drivers will cross over railroad tracks at designated crossings only.
11. If there are any complaints about driving (speeding, recklessness, etc.),
the driver will be taken from rotation until the incident is investigated.
12. No employee will drive a vehicle (with or without passengers) while his/her
ability or attentiveness is impaired through fatigue, illness, or other
causes.
Revised 3-6-2012
13. Motor vehicles must be operated in a safe manner regardless of the
urgency or importance of the trip. You must adjust your driving according
to traffic, weather, and road conditions.
14. Remove or secure all loose objects that may be in van. Everything must
be secured.
15. No containers of combustible liquid or fuel are allowed on a Company
vehicle or within any compartment of a Company vehicle under any
circumstances. This is an extreme hazard due to vapors, possible spillage,
and fire.
16. Our employee cannot and will not assist the railroad crewmember with
his/her personal effects. Removing the luggage from the train and the
loading of the luggage into the van for crewmembers is prohibited. It is the
responsibility of the crewmember to handle their personal effects. A driver
may hold and secure the doors or assist in any other similar capacity.
17. You are not to be distracted from driving, by such things as eating and
drinking.
18. You need to park your van in the most accessible location closest to the
train, or the crew pick-up/drop-off point. You will take into consideration
walking conditions, surfaces and ability to avoid backing when positioning
the vehicle. When possible, stop the vehicle off any public roadways.
19. There are to be no unauthorized passengers at any time in the van,
human or pets of any kind.
20. At no time is a crew to be allowed to drive an RCX vehicle. If you as a
Professional Driver are unable to complete an assigned trip you are
required to pull over to a safe area and contact dispatch. Dispatch will
make arrangements to have another driver complete the trip.
Revised 3-6-2012
7.3 – RAILROAD RADIO RULES
Transmitting
Any employee operating a radio must do the following:
1. Before transmitting listen long enough to make sure the channel is not in
use Give the required identification.
2. The required identification for mobile units must include Company Name,
i.e. RailCrew Xpress.
3. Unit # or words that identify the precise mobile unit.
4. Wait until acknowledgement is received to proceed with further
transmission.
5. If there is continuous radio communication, without interruption, repeat the
identification every 15 minutes.
Short Identification
After making a positive identification, mobile units may use a short identification
after the initial transmission and acknowledgement.
Reception
Any employee who receives a transmission must repeat it to the person
transmitting the message, except when communication:
1. Is a recorded message from an automatic alarm device.
2. Is general and does not contain any information instruction, or advice that
could affect the safety of a railroad operation.
Over
The employee transmitting must say “Over” to the employee receiving the
transmission when communication is complete and a response is expected.
Out
Revised 7-1-2011
The employee transmitting must give the required identification and say “Out” to
the employee receiving the transmission when the communication is complete
and no response is expected.
Communication Not Understood or Incomplete
An employee who does not understand a radio communication or who receives a
communication that is incomplete must not act upon communication and must
treat it as if it was not sent.
EXCEPTION:
An employee who receives information that may affect the safety of
employees or the public or cause damage to property must take the safe
course. When necessary, stop movement until the communication is
understood.
Monitoring Radio Transmission
Radios in attended mobile units must be turned on to appropriate channel
with the volume loud enough to receive communications. Employees
attending mobile units must acknowledge all transmission directed to the
unit.
Acknowledgement
An employee receiving a radio call must acknowledge the call immediately
unless doing so would interfere with safety.
Misuse of Radio Communication


Employees must not use radio communication to avoid complying with any
rule.
Under no circumstance should the railroad frequency be used for
communication between individual long haul vehicles.
Emergency Calls
Emergency calls will begin with the words “Emergency,” “Emergency.” These
calls will only be used to cover initial reports of derailment, collision, storms,
washout, fires, track obstructions, property damage, or injury to employees or the
public. Emergency calls must contain as much complete information on the
incident as possible.
Revised 7-1-2011
All employees must give absolute priority to an emergency communication.
Unless they are answering or aiding the emergency call, employees must not
send any communication until they are certain no interference will result.
Prohibited Transmission
Employees must not transmit a false emergency or an unnecessary or
unidentified communication. Employees must not use indecent language over the
radio. Employees must not reveal the existence contents, or meaning of any
communication (except emergency communications) to person other than those
it is intended for, or those whose duties may require knowing about.
Fixed Signal Information
Employees must not use the radio to give information to a train or engine crew
about name, position, aspect, or indication displayed by a fixed signal, unless the
information is needed to warn of an emergency.
Phonetic Alphabet
If necessary, a phonetic alphabet will be used to pronounce clearly any letter
used as an initial, except initials letters of Railroad.
EXAMPLE
Letter
Pronunciation
Letter
Pronunciation
A
Alpha (AL fah)
N
November (no VEM ber)
B
Bravo (BRAH VOH)
O
Oscar (OSS cah)
C
Charlie (CHAR lee)
P
Papa (pah PAH)
D
Delta (DELL tah)
Q
Quebec (keh BECK)
E
Echo (ECK oh)
R
Romeo (ROW me oh)
F
Foxtrot (FOKS trot)
S
Sierra (see AIR rah)
G
Golf (GOLF)
T
Tango (TANG go)
H
Hotel (hoh TELL)
U
Uniform (YOU nee form)
I
India (IN dee ah)
V
Victor (VIK tah)
J
Juliett (JEW lee ETT)
W
Whiskey (WISS key)
K
Kilo (KEY loh)
X
X Ray (ECKS RAY)
L
Lima (LEE mah)
Y
Yankee (YANG key)
M
Mike (MIKE)
Z
Zulu (ZOO LOO)
Revised 7-1-2011
Assigned Frequencies
The railroad must authorize any radio transmitters used in railroad service. Radio
transmitters must operate on frequencies the Federal Communications
Commission assigns the railroad. Employees are prohibited from using other
transmitters or railroad frequencies not assigned to that particular territory.
Radio Testing
Each van operator must test the radios at least once during each shift to verify
the radios are working.
Malfunctioning Radio
Malfunctioning radios must not be used. As soon as possible, notify the Location
Manager or Regional Manager and get a replacement.
Blasting Operations
Employees must not operate radio transmitters located less than 250 feet from
blasting operations.
Revised 7-1-2011
7.4 - ACCIDENT POLICY
Regional Managers, Area Managers and Location Managers have the
responsibility to ensure that an accident is properly reported, investigated and the
determined counseling/discipline is administered. The Safety Oversight
Committee bears the responsibility of determining the preventability of an
accident when extenuating circumstances fall outside the standard parameters of
preventability determination.
A preventable accident is one in which the driver failed to do everything
reasonably possible to avoid the accident. The fact that a driver, who becomes
involved in a vehicle collision, is not legally charged does not mean that the
driver could not have avoided the accident.
All accidents are preventable if a driver is involved in:
 An accident in which the driver bears any percentage of negligence based
on their failure to act as reasonable and prudent person should act in the
same circumstance.
 An accident arising out of the driver’s failure to yield right of way
notwithstanding the driver’s negligence.
 A violation of RCX Critical Safety rules, RCX policies or local, state or
federal laws or regulations.
Driver Counseling and/or Discipline
Non-Preventable Accident
 Driver will be Drug and Alcohol Tested
o If the alcohol test shows positive, the driver will be taken to a facility
for a confirmation alcohol test, and suspended until investigation is
completed.
 If the confirmation alcohol test comes back positive the
driver will be terminated.
Revised 7-24-2012
o If the alcohol test comes back negative, the driver will be returned
to service.
 If the results of the drug and alcohol test results are returned
positive the driver will be terminated immediately.

If, after full investigation, the accident status changes from Non
Preventable to Preventable, the driver will be subject to the Preventable
Accident Counseling and/or Discipline procedures.
Preventable Accident
 Accident #1
o The driver will be placed on a three (3) day Decision Making Leave
without pay and retrained in the area of concern.
o The driver will be terminated if any of the following circumstances
exist
 The drug and/or alcohol test results are returned positive.
 The driver’s RCX employee file contains two (2)
documented, valid Safety Alerts or railroad complaints and
driver has been properly informed and counseled.
 The driver has a personal preventable accident within the
past 36-months on their MVR.
 The accident is of a level of severity which brings about
substantial material loss or loss of human life.

Accident #2 – within any, rolling, thirty-six (36) month period
o The driver will be terminated. This is inclusive of either a personal
or accident while driving for RCX.
Appeal Process
 A driver has 30 days from the date of the accident to file an appeal and
preventable accident, in writing, with the Location and/or Regional
Manager.
o The appeal needs to be very clear and state their reason on why
the driver feels the accident was non-preventable.
o The appeal will be discussed and considered by the Safety
Oversight Committee and a determination will be made and the
employee will be notified within 14 days.
o If, after full investigation and review, the accident status changes
from Preventable to Non-Preventable, the driver will have the
accident removed from his or her file and be returned to work
Revised 7-24-2012

immediately and be made whole for any pay or benefits lost during
such termination or suspension.
If a driver’s drug or alcohol test comes back positive, the driver will not be
allowed to appeal the status of the accident.
Revised 7-24-2012
7.5 - ACCIDENT REPORTING POLICY
To ensure that all employees and operators of company-owned vehicles are
aware of the proper procedures to be used at the scene of an accident involving
a company-owned vehicle, RailCrew Xpress requires all employees and
operators of company-owned vehicles to report all incidents, accidents, and on
the job injuries as soon after the occurrence as possible. Employees who fail to
report an accident or damage are subject to disciplinary action, up to and
including termination of employment.
The following procedures and practices will be followed by all operators of
company-owned vehicles at the scene of a vehicular accident:
1. Stop
2. Call 911 if emergency response is needed or a 3rd party is involved
3. Secure the vehicle (secure engine, set parking brake, etc.)
4. Activate four-way flashers (hazard warning lights.)
5. Find and care for injured – do not move anyone unless involved in a
life-threatening situation.
6. Prevent or extinguish fires, if possible.
7. Report the accident to Driver Help Line, 877-928-5046, option 1.
8. Call your Regional, Area or Location Manager
9. Call RCX dispatcher.
10. Keep your cool. Do not discuss the accident with anyone or admit
guilt, or attempt to settle the accident on your own. Never give a
recorded statement or sign a statement without checking with
Corporate Risk Management.
11. If a camera is available, take pictures. Do not photograph any injured
persons, blood, or other scenes that could substantially influence a
potential jury if photographs were reviewed in a trial.
12. Gather information about the accident. Information to obtain includes:
Other drivers involved names, address, phone number, make and
model of car, insurance company information, witness names,
address, phone numbers and statements, passenger’s names,
addresses and phone numbers
13. Cooperate and render a full report to your Regional, Area or Location
Manager regarding the circumstances of the accident and any follow
up investigation or analysis.
Revised 7-24-12
7.6 - Cellular Phone Policy
We recognize that other distractions occur during driving, however eliminating
the use of cell phones, while driving, is one way to minimize the risk, for our
employees, of accidents. Therefore, you are required to stop your vehicle in a
safe location so that you can safely use your cell phone.
A RailCrew Express employee driving a company vehicle is prohibited from using
a cell phone while driving, whether the business conducted is personal or
company related. This includes receiving or placing calls, text messaging,
surfing the internet, receiving or responding to e-mail, checking voice mail, etc…
Use of company owned cellular phones for personal business is discouraged.
Employees who violate this policy will be subject to disciplinary actions, up to and
including termination of employment. If RailCrew Xpress determines that
charges incurred on the company cell phone were of a personal nature, the
employee will be responsible for those charges as well as subject to disciplinary
action for chronic misuse of the company cell phone.
Additionally, personal cell phone use should be kept at a minimum during
working hours. Excessive use would be considered more than three calls per
shift or any call lasting more than 5 minutes, when not on a break. Employees
should try to limit extended personal calls during break times. We highly
encourage limiting the number of text messages during working hours as well. If
the use of a personal cell phone for calls or texting becomes detrimental to your
position and the work that is expected, managers have the right to ban the
personal cell phone from work premises.
Upon termination of employment, lay-off or suspension from RailCrew Xpress, all
equipment supplied by the company is to be returned to your manager
immediately.
Revised 7-24-2012
7.7 - HOURS OF SERVICE (HOS)
All RailCrew Xpress employees are responsible for maintaining their Hours of
Service. The applicable HOS regulations are:

15 hours on duty
No driver may be on duty for more than 15 hours after 8
consecutive hours of rest; only 10 of these hours can be driving

10-hour driving limit
No driver may drive for more than 10 hours after 8 consecutive
hours of rest

70 hours / 8 days
No driver may be on duty for more than 70 hours within 8 days
(This includes any employment outside of RCX; combined hours
worked with ALL employers may not exceed the 70-hour limit. It is
your responsibility to comply)

8-hour Off-Duty Period
An employee must have 8 consecutive hours off duty between onduty periods. Employees may at their discretion request, through
their immediate manager, special consideration of an additional 2hour off-duty period for a total of 10-hour off duty
If an employee does not manage their HOS they will be subject to disciplinary
action, up to and including termination of employment.
Revised 7-24-2012
7.8 – TRACK CROSSING PROCEDURES
You will be working around railroad tracks and trains every workday. The
following key points will help keep you, our passengers and other railroad
employees safe.
Key Points
1. When approaching a railroad crossings on public road ways and
highways:
a. Move to the right-hand lane
b. Turn on 4-way flashers 100 feet before the railroad crossing
c. Reduce speed and turn your radio off
d. Be Prepared to stop if tracks are in use
e. Look for trains, railroad crew, etc. in both directions - left, right, left
f. Open each front window and listen for an approaching train
g. Proceed when safe to do so, clearing all tracks quickly and live
2. When approaching a railroad crossing on railroad property:
a. Turn on 4-way flashers 100 feet before the railroad crossing
b. Reduce speed
c. Prepare to stop safely
d. Stop completely 50 -15 feet before the crossing
e. Look for trains, railroad crews, etc. in both directions - left, right, left
f. Open each front window, turn the radio down and listen for a train
g. Proceed when safe to do so, clearing all tracks quickly and live
3. If the vehicle gets stuck on a railroad track and impact is NOT imminent:
a. Exit the vehicle with your passengers immediately!
b. Move a safe distance away from the vehicle
c. Call 911
d. Call RCX Dispatch Center, advising them of your specific location,
and request they advise the railroad promptly regarding your stalled
vehicle. The address of the crossing is located on the cross buck
of the crossing you are stalled on.
We want you to LOOK, LISTEN and LIVE when crossings tracks.
Revised 7-1-2011
7.9 – SPEED MANAGEMENT AND ANIMAL AVOIDANCE POLICY
Your life and the life of your passengers depend on your ability to maintain
control of the vehicle.
1. Speed Management
a. Under normal conditions follow all posted speed limits
b. Operate your vehicle at reduced speed for conditions during
adverse weather or congestion
c. Follow any dispatch directive on speed restrictions issued from
Operations
2. Animal Avoidance
a. Operate RailCrew Xpress vehicles 10 MPH below the day-time
posted speed limit, no less than 55 MPH
i. Year Round
ii. Dusk to Dawn
iii. Outside City Limits
iv. When you spot animals in the area
Revised 7-1-2011
7.10 - VEHICLE TECHNOLOGY POLICY
RCX is committed to investing and implementing technology within its fleet. This
technology is designed to aid and further enhance the safety of our drivers and
its passengers, as well as comply with client requirements. As such, all
employees driving RCX vehicles are responsible to ensure the following:




Immediately report the details to your direct supervisor of any problems
with technology equipment.
Prior to the start of any vehicle utilization ensure any and all technology is
not tampered with, including obstructing camera views or the use of
equipment in any manner other than its intended use.
No attempt to unplug, turn off, damage and/or remove equipment (or any
part of the equipment) without the express documented permission of your
Location Manager, Area Manager, Regional Manager, General Manager
or a member of the IT department.
No application of any substance (i.e. Vaseline, lip-gloss or any other
substance) to the camera lens.
Failure to abide by these expectations will be grounds for disciplinary action up to
and including termination of employment.
Revised 9-14-2012
7.11 BACKING POLICY
Drivers should make every effort to avoid operating a vehicle in such a manner
that would require a backing maneuver. Backing a vehicle is not encouraged
and contrary to our goal of providing safe, dependable transportation services,
and to perform these services efficiently. Backing should be isolated
exceptions to the operation of the vehicle, and backing should only occur when
there is no other reasonable alternative.

When hauling BNSF crews:
Do not back with crew on board without asking the crew members to spot
for you while you back the vehicle. If the crew members decline contact
local railroad management for instructions on how to proceed. If you are
unable to make radio contact with the railroad don’t back the vehicle.
If a crew member volunteers to spot for you remember prior to beginning the
backing maneuver review and agree upon the hand and arm signals to be
used during backing.

When hauling UP crews:
Never back with crew on board.

When hauling KCS crews:
Never back with crew on board.
This backing policy has been implemented to ensure the safety of you, your
crew, and RCX equipment. Failure to comply with this policy will result in
disciplinary action, up to and including termination of employment.
Revised 7-11-2012
7.12
FUEL PIN POLICY
All Professional Drivers and other supervisor or managers that drive a RailCrew
Xpress vehicle will be issued a private fuel PIN upon meeting the requirements of
the position and being finalized in the position.
If your PIN is lost or stolen, contact your supervisor immediately to request a new
fuel PIN on your behalf and cancel the compromised PIN.
All authorized fuel transactions are limited solely to the refueling of RailCrew
Xpress owned vehicles with 87 octane regular unleaded fuel OR regular
unleaded fuel with no greater than 10% Ethanol blend. No other fuel
transactions are authorized.
Any misuse, directly or indirectly, of the fueling system set in place by RCX will
result in the immediate termination of employment and personal accountability
which may include, but is not limited to, criminal prosecution. Additionally,
employees will be responsible for all reimbursement to RCX for any loss as a
result of misuse, directly or indirectly, of the fueling system, including loss of
wages equal to the total amount of any unauthorized fuel transactions.
Published 9-14-12