TTPiV /*-* *-* CONTRACTOR DRUG, ALCOHOL AND HOVENSA

T T P i V / * - *■* - * C O N T R A C T O R D R U G , A L C O H O L A N D
HOVENSA
CONTRABAND
POLICY
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EXHIBIT 11
Contractor Drug, Alcohol and Contraband Policy
Purpose
To ensure efficient operations by maintaining a safe, healthy, drug and alcohol free, and productive
work environment for the employees of all personnel on HOVENSA property; and to protect
HOVENSA property and assets, CONTRACTOR shall have and enforce a written policy on drugs,
alcohol, and other prohibited items that, at a minimum, meets the requirements outlined below
("Contractor's Policy"). This Policy applies to all CONTRACTORS and their employees.
Prevention and Prohibited Activities
a) Sale, possession or use of illegal narcotics, drugs, and controlled substances, including illicit drug
equipment and paraphernalia while on duty or at any time while on HOVENSA property will result
in immediate and permanent removal from HOVENSA property.
b) Reporting to work with illegal narcotics or unauthorized legal drugs in an employee's system will
result in immediate removal of employee from HOVENSA property, subject to return to work
criteria as outlined in the Contractor's Policy.
c) Sale, possession or use of contraband, including firearms, ammunition, explosives, and weapons
while on duty or at any time while on HOVENSA property will result in immediate and permanent
removal from HOVENSA property.
d) Alcoholic beverages are prohibited on HOVENSA property. Unauthorized possession of alcoholic
beverages or being under the influence of alcohol on HOVENSA property will result in immediate
removal from HOVENSA property, subject to further disciplinary action by CONTRACTOR and
return criteria as outlined in the Contractor's Policy.
e) Law enforcement officials will be notified if illegal narcotics, drugs or controlled substances are
found on HOVENSA property.
f) Lawful use of controlled substances, as prescribed by a licensed physician, is not prohibited.
However, CONTRACTOR employees must make such use known to their management if the use
of the substance will impair the employee's ability to perform job duties safely.
g) Switching or altering any blood, urine, follicle or other sample used for testing will result in
immediate and permanent removal from HOVENSA property.
h) HOVENSA may, at any time, have HOVENSA Security personnel, CONTRACTOR Management,
Law Enforcement Agencies, or authorized search and inspection specialists, including scenttrained animals, conduct unannounced searches and inspections of CONTRACTOR property at
any time for any reason. When there is reasonable suspicion that a CONTRACTOR employee
has violated this policy, HOVENSA may seek the employee's consent to search his or her
personal property, including but not limited to, the following: wallets, purses, lunch pails, lockers,
baggage, tool boxes, clothing, and vehicles. Refusal to provide consent to such a search will
result in immediate and permanent removal from HOVENSA property.
Third Party Substance Abuse Testing Association
If CONTRACTOR'S Work requires Basic Orientation Plus (reference Exhibit 8) then CONTRACTOR
is required to enroll in and maintain active status in a HOVENSA approved consortium that requires
pre-enrollment testing and continuously subjects active members to random drug and alcohol
testing at an annual effective rate of at least 50%. A list of HOVENSA approved consortiums is
included as Attachment A.
Substance Abuse Policy
1. Co n tra cto r Policy - CONTRACTOR will submit its written policy on maintaining a Substance
Abuse free work environment to HOVENSA's Administrative Services Department, and will
assure HOVENSA that all employees gaining access to HOVENSA property have been
Substance Abuse tested a n d will b e Substance Abuse monitored wh ile working a t
HOVENSA. CONTRACTOR's policy, as a minimum, will include provisions for Pre-Access,
Random, Post Incident, and Reasonable Suspicion Substance Abuse testing. This policy
includes CONTRACTOR's subcontractors.
i Pre-Access Testing:
a. A l l CONTRACTOR Personnel requesting site credentials t o access HOVENSA
property and whose work requires Basic Orientation Plus (reference Exhibit 8) must
have received a negative result on an alcohol and drug test within 30 days of access
date into HOVENSA's property and shall have an "Active" status in a HOVENSA
approved consortium.
h. Ra n d o m Testing:
a. CONTRACTOR Personnel requiring random testing must be subject to unannounced
and continuous random selection and testing f o r Prohibited Substances while
performing work for HOVENSA.
b. I f a CONTRACTOR employee test positive as a result of a random test, or fails to
promptly show fo r a random test, CONTRACTOR shall remove the suspected
individual(s) from HOVENSA Property and surrender the individual(s) site credentials
to HOVENSA Security Department. The employee will be allowed to return to work
on HOVENSA Property only after employee complies with return to work criteria as
outlined in Contractor's Policy (Ref. Section 3) and receives an "Active" status by the
respective third party testing consortium.
c. T h e number of tests randomly conducted during each calendar year must be at least
fifty percent (50%) o f the number of CONTRACTOR Personnel in the random
selection pool.
iii. Post-Incident Testing.:
a. I f CONTRACTOR or HOVENSA reasonably determines from the best information
available immediately after a work-related incident that performance of one or more
CONTRACTOR Personnel contributed to the incident, o r cannot be completely
discounted as a contributing factor to the incident, CONTRACTOR shall remove the
suspected individual(s) from HOVENSA Property and surrender the individual(s) site
credentials to HOVENSA Security Department. F o r purposes of this part "incident"
means an event where a CONTRACTOR employee may have caused or contributed
to a work-related accident (incident) causing death, personal injury to themselves or
others, o r significant property damage, o r causing an environmental event which
must be reported by HOVENSA or others to a federal or local regulatory agency.
b. A CONTRACTOR Employee removed from HOVENSA Property a s a result o f
involvement in an incident will be allowed to return to work on HOVENSA Property
only after CONTRACTOR conducts alcohol and drug testing on the individual within 8
hours following th e individual's removal f ro m t h e site, conducts a n incident
investigation to determine appropriate disciplinary action if any, and receives an
"Active" status by the respective third party testing consortium.
c. I F a CONTRACTOR employee tests positive for a Post-Incident test, CONTRACTOR
will determine appropriate disciplinary action, up to and including termination. I f the
employee is not terminated by CONTRACTOR, the employee will be not be allowed
to return to work on HOVENSA Property until the employee complies with return to
work criteria as outlined in Contractor's Policy (Ref. Section 3 ) and receives an
"Active" status by the respective third party testing consortium.
3. Non-Compliance I Return to Work - Any CONTRACTOR Personnel found in violation of the
Contractors Policy or who refuse to cooperate with the tests included in Contractor's Policy
shall be removed by CONTRACTOR from HOVENSA Property and become ineligible from
performing work at HOVENSA until the individual has completed a consortium recognized
rehabilitation program. The individual must also successfully pass a return to work drug test
to regain an "Active" status in the HOVENSA approved consortiums prior to being allowed
access to HOVENSA Property. CONTRACTOR personnel who test positive on a return-towork, post rehabilitation follow-up, or any other subsequent Substance Abuse Test shall be
permanently removed by CONTRACTOR from HOVENSA Property and from performing
work at HOVENSA.
4. Reporting - CONTRACTOR's who have employees or subcontractors performing work in the
Refinery lasting 90 days o r more will report to HOVENSA Administrative Services, on a
quarterly basis, the number of employees and subcontractors working at the refinery during
the previous quarter, th e number o f random drug and alcohol tests performed o n the
employees and subcontractors in the quarter (including whether more than one test was
performed on any employee(s)), and a listing of the numbers of pass/fail for such testing.
5. Penalties for Non-Compliance - CONTRACTOR will be subject to fines of $5,000 for the
first occurrence and $10,000 per occurrence for additional occurrences if determined to be in
violation of this policy by;
i) a l l o w i n g their employees to enter the Refinery without testing prior to entry, or
ii) f a i l i n g to remove a positive testing employee from the refinery and/or failing to
assure that the positive testing employee complies with the requirements of the
consortium prior to re-admittance to the refinery.
The following circumstances will not be considered non-compliance and are not subject to
penalties:
i)
ii)
a
i
positive result from a random testing event conducted on an employee who
initially met access criteria shall not itself be considered a violation of this policy,
or
f
an employee passes testing when fi rst accessing the refinery, but such
employee later tests positive, so long as CONTRACTOR follows all required
procedures upon discovery of the positive result.
6. B re a ch o f Contract - Violation of this policy will also be considered a breach of contract
under which HOVENSA reserves all of its rights up to and including the right to terminate the
Agreement or any specific Work assignment under the Agreement.
7. Wa iv e r of Policy —The requirements of this Contractor Drug, Alcohol and Contraband Policy
will be strictly enforced by HOVENSA and subject to provisions in Sections 5 & 6 if violations
are incurred. Wa ive r of any requirement of this Contractor Drug, Alcohol and Contraband
Policy will require the written approval of HOVENSA's President and Chief Operating Officer.