ML20138A245

Forwards Mgt & Supervision Guide to Drug & Alcohol Policy. Random Testing Provision of Program implemented,w/5 of 113 People Testing Positive.Personnel W/Positive Results Terminated

ML20138A245
Person / Time
Site:	Davis Besse
Issue date:	03/06/1986
From:	Williams J TOLEDO EDISON CO.
To:	James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
References
NUDOCS 8603140144
Download: ML20138A245 (1)

Text

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a TOLEDO EDISON JOE WulAMS, JR snr vce a==ws-texw.r (419l249 2300 (419)249 5223 PRIORITY ROUTU;G M& ' -

March 6,1986 W~f, au m f

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Mr. James Keppler Regional Administrator U. S. Nuclear Regulatory Commission 799 Roosevelt Road Glen Ellyn, Illinois 60137

Dear Mr. Keppler:

When you visited Davis-Besse site, we told you about the Drug and Alcohol Program that we were putting in place. Enclosed, please find, a copy of our " Management and Supervision Guide to Drug and Alcohol Policy".

We have implemented the provision of this program to include the random testing of site personnel. As of this date, we have tested one hundred and thirteen (113) people. From this testing we have five positive results; namely: 1 student, I contract watchman, 1 construction worker,1 contractor from Planning Group and 1 con-tractor for Records Management. All five have been terminated.

A copy of the guide has also been sent to Jim Taylor.

Warm Regards, oe Williams, Jr.

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Cf.4 TENTS

1. PRESIDENT'S LETTER l

II. THE TOLEDO EDISON CO)'PANY'S POLICY ON THE USE OF DRUGS AND ALC0110L III. CONTROLLED SUBSTAhCES: USE, ABUSE AND EFFECTS IV. ADMINISTRATION OF THE DRUG AND ALCol10L POLICY V. EMPLOYEE ASSISTANCE PROCPAM g v1. exiM,LES e,CeM,ANv ressS, EMPIOYEE ASSISTANCE PROGRAM FORM l l Ext >t0YEE CONSENT /SurERvIs0R RErERRAt r0RM I

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I Memorandum To: All Employees i

Subject:

Corporate Drug and Alcohol Abuse Policy Our Company has long maintained a strong commitment to operate its facilities in the safest manner possibic. This is in the best interest I of our employees, our customers, our stockholders, and the general public.

To assist us in ensuring that this commitment is made even stronger, a Corporate Drug and Alcohol Abuse Policy has been developed to clearly communicate the Company's position as it relates to the use of alcohol and illegal drugs.

The utilization of either alcohol or drugs in any manner that would I impact on an employee's performance or the safety of any employee in the workplace is not acceptable. Although T. 4 Edison respects the privacy of employees' activities outside the Company, if those activities impact on a safe and productive work environment, we have an obligation to I intercede.

This booklet contains many facts about drugs and alcohol to help show you I whit many of the harmful physical and psychological effects may be.

are encouraged to review it carefully and if you believe that you are You suffering from any of these difficulties, our Employee Assistance Program I is available, at no charge, to help employees through difficult situations.

Our supervisors have received training in identifying the symptoms associated with the abuse of alcohol and drugs and will be instrumental in ensuring that employees are fit for duty.

Those employees who are unable to abide by our policy and do not respond to counseling risk loss of their jobs with the Company.

We ove it to ourselves, our fellow employees and our families to do all that is reasonably required to ensure a safe work environment free from the I dangers inherent with alcohol abuse and illegal drug usage. You are urged to cooperate in fulfilling this chligation.

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TOLEDO EDISON COMPANY POLICY ON THE USE OF DRUGS AND ALCOHOL PURPOSE The purpose of this policy is to outline the Company's guidelines and expectations concerning the use of illegal drugs and/or alcohol by our employees.

OBJECTIVE To ensure the highest standard of health and safety for all employees, customers, vendors, c3ntractors, and the general public and to I provide for the efficient and ef fective operation of the Company.

This policy applies to all employees and to any person (s) who has access to any Company facility or equipment, or who may perform work in conjunction with the Company's operation.

POLICY

1. The use, sale, or possession of controlled substances (defined as any narcotic, drug or crug-like substance for which the sale, use, or possession is either unlawful or is being utilized outside of a prescribed medical treatment) during working hours, I on assignment, or on Company property is a dischargable offense.

Any controlled substances will be turned over to the appropriate law enforcement agency and m.1y result in criminal prosecution.

I The use or presence of such controlled substances in an employee's physical system (s) will result in disciplinary action up to and including discharge.

2. Off-the-job use of controlled sutstances which could adversd y affect an employee's job performar.ce or which could jeopardize I the safety of other employees, the public, or Company equipnent is proper cause for disciplinary action up to and including discharge.

3. Employees who are arrested for off-the-job activity relating to any controlled substance may be considered to be in violation of this policy. In deciding what action to take, management will I take into consideration the nature of the charges, the employee's present job assignment, the employee's record with the Company and other factors relative to the impact upon the conduct of Company business.

4. Employees undergoing prescribed medical treatment with a legally I controlled drug should report this treatment to the Health Center. The prescribed use of legally controlled drugs as part of a medical treatment program is naturally not grounds for disciplinary action, although it in important for the Company to know Fuch use is occurring. Failure to provide such notice to I the (anpany in a timely manner may result in disciplinary action.

Effective 1/1/86

TOLEDO EDISON COMPANY POLICY ON THE USE OF DRUCS AND ALCOHOL Page 2 I

5. The Compar.y is a public utility and the actions of our employees in their use of alcoholic beverages will directly impact our i public image, customer relations, and our safe votking conditions.

Employees are expected to exercise common sense in their use of 3 alcoholic beverages and no alcoholic beverages ars to be brought g on Company property at any time without the prior approval of the mission head. Alcoholic beverages should not be consumed between the beginning and ending times of the regularly scheduled I work day, during other work assignments, or immediately prior to reporting for work. Each Mission Head may develop more specific guidelines on their employees' use of alcoholic beverages. Any violations of either this section or the mission guidelines will I result in disciplinary action up to and including discharge.

6.

I If off-the-job use of alcohol leads to unsatisfactory job performance, excessive absenteeism, a poor safety record, or misconduct, then the Company is directly concerned and will act accordingly. In deciding what action to take, management will I take into consideration the employee's present job assignment, his/her record with the Compary and other pertinent factors.

7. Employees who voluntarily request assistance in dealing with

,I a personal problem involving controlled substances may part ?r:1pate in the Employee Assistance Program without jeopardizing their continued employment with the Company, I provided they stop any and all involvement with controlled substances. The Employee Assistance Program will also continue to be available to any employees who feel that they may have a I substance abuse problem. In either case, the Company Employee Assistance Coordinator will refer employees to an appropriate treatment resource. Volunteering to participate in the Fmployee I Assistance Program, in and of itself, will neither cause nor prevent disciplinary action for a prior violation of any Company policy which has already occurred or a subsequent violation that may occur after the employee completes the program or returns to -

work.

ADMINISTRATION Each employee is responsible for ensuring that thin policy is observed. Management personnel will enforce this policy by either promptly transporting employees who are observed as potentially being I under the influence of alcohol or drugs to a designated facility for a " fitness for duty examination" or removing the employee from the Company premises. Such employees who are referred for a " fitness for I duty examination" will be required to sign an " Employee Consent Form". Failure to comply with either the signing of the consent form er submitting to the examination will result in the employee's I immediate suspension for gross insubordination and will be considered grounds for discharge.

Effective 1/1/86 l

U.S. Departnwnt atf Justice Drug Enforcement Administration I .

I Controlled I Substances :

I Use, Abuse I and Effects I

Commonly misused drugs, their uses, l abuses, effects, and the symptoms they produce.

I DEFINITIONS Drug: A substance which by its chemical nature alters the making accurate diagnoses. Derefore. it is important not to structure or function of the living organism. (For the purpose act on your own for it could lead to falsely accusing an inno-of this bulletin, a drug is any chemical substance that alters cent person. Seek profesuonal advice and help from the B mood, perception or consciousness, and is misused to the ap. experts, such as various agencies specializing in drug problems, parent injury of the individual or society.) and physicians.

I Tolerance: A state in which the body's tissue cells adjust to the presence of a drug. De term " Tolerance" tefers to a state in which the body becomes used to the presence of a drug in it should also be remembered that a person may have a leptimate reason for possessms a syringe and needle (he may be a diabetic)or having tablets and capsules (they may be pre.

I pven amounts and eventually fails to respond to ordinanly scnbed by a doctor). Having the sniffles and running eyes may efrective dosages. Hence,increasmgly larg tr doses are nee. be due to a head cold or an allergy. Unusual or odd behavior essary to produce deured effects. may not be connected in any way with drug use.

Habituation (psycholopeal dependence): The result of re. Drugs other than narcotics can become addicting. Some I peated consumption of a drug which produces psycholopeal but no physical dependence. The psychological dependence produces a desire (not a compulsion) to continue taking drugs people have acquired an addiction to sedatives and certam tranquilizers. Sumulants m very large doses are addletive, NOTE: Never iaste an unknown substance.

I for the sense ofimproved well.being.

Physical Dependence (addiction): Ris occurs when a person cannot function normally without the repeated use of a COMMON SIGNS OF DRUG MISUSE I. Changesin attendanee at work or school.

drug. If the drug is withdrawn, the person has severe physical 1 Change from nonnal capabihties (work habits. efficiency, h

W and psychic disturbance.

Harmful Drugs: Are all drugs harmful? Every drug is harm- C I-ful when taken in excess, e.g., even aspirin and, of course, J. Poor phpeal appearance, including mattention to dress and personal hypene.

I alcohol. Some drugs can also be harmfulif taken in dangerous combinations or by hyper sen'sitive people in ordmary amounts. A Weanng sun $l asses constantly at mappropriate times (in.

doors or at night, for instance) not only to hide dilated or constricted pupils but also to compensate for the eye's inability i IDENTIFYING THE DRUG USER A drug user will do everything possible to conceal his habit.

So it is important to be able to recognize the outward signs to adjust to sunlight. Manjuana causes blood shot eyes.

5. Unusual effort made to cover arms in order to hide needle marks.

6. Association with known drug users.

and symptoms of dius misuse. One should be alert to these I symptoms, but it is important to realize that the drug problem is to complex that even experts sometimes have difikulty

7. Stealingitems which can be readily sold for cash (to support a drug habit).

tContinued on t>ask page.)

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FD AllR!

Orugs C NTROI Schedule I

Trade or Other Names Medical Ums Physical ~

Depen -

denee Opium l',111. V N,'e'h'c,N" '9 Analgesic, an tidiarrheal High Morphine 11, til l Morphine, Pectoral Syrup l Analgeoc, antitussive H, ni. v So*g,e Em gn C,o]"M Analgese, antitussive Modeate codeme n ou Herom i Diacetvimor phme. Horw, Smack Under mvest.gation Hydromorphone Dilaud d Anaigesic M Meoeridme IPethenel E ll E Demerol. Pethadoi E Analgesic E

.- a- MethMone Do.lophine.,

M , ados Methadone, An s,itute heroin su.alges.c.

LAAM, Leritine evo Drom-I U IH. oran, Percodan, ussione s, Analgesic, anti-Other Narcotics diarrheal, antitussive N'9h,LO*

gy, y Fontanvi. Darvon *.

Taiwin*. Lomotil Chloral Hydrate IV Noctec, %mnos Hypnotic Moderste Amobarbital. Phenobarbital, Anesthetic. H,gh-

- Barbiturates li, Ill, IV Butison, Phenon barbital, anticonvulsan t.

=- Secobarbital, Tumal wdative, hy pnotic Moderate Glutethemede E fli E Doriden E Sedative, hypnotic High Methequalone Optimit, Parest. (kaalude.

M, ll Somnatac. Sopor ese - -

Ativan. Atene, Clonopin, Dal- Anti ansiety, anti-Benrodiazepines IV mane, 0ia s e pam. Librium. Ser a n , convulsan t. seda tive, Low Transene Valium, Verstrasi hypnotic Oih u oepresu nis ni. iv aa.g',2,',o*a.o Na'=da' ^a="v = ati '.

, C Cocaine t H Coke. Flake, Snow Local anesthetic phetam

' - Amphetamines ll, lll O'eso D uvn.ine, Delcobese, Dewedrme. Mediatric I  ; Phenmetrarme E Preludin E Hyp kine.s.

Methylphenidate E Ritalia E "*'co'*o'v- ' '

• b

weight control Adipe s. Bacarate, Cylert Di.

EI Other Stimulants Hl. IV 9 dd,"- { "nf,',", h'nu'atd, Tepanit, Voranil LSO Acid, Microdot None Mescaline and Peyote None l l Mesc. Buttons. Cactus l Amphetamme Variants # ^ ^ Unknown i M T AD 00f Phencyctidine il PCP. Angel Dust. Hog Vetermary anesthetic Degree Phencyclidene Analogs PCE.PCPv.TCP unknown 1 E But tenine, % gaine D W , E Other Hallucmogens y,n, E DET, Psilocyben. Psilocyn E

,, Pot. Acapulco Gold Grass.

t huana Reefer, Smsemilla, Thai Stick s Under Tetrahydrocannabmol l E THC E Sn'9'L n =

Hashish E Haih E

• Hashish Oil E Hash Oil E I

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I' CFR:USES & EFFECTS Psychological Tol, Dugyon Usual Methods Elfects of withdrawal m nce f c3 Possible Etfects Dependence fin hours) of Administration Overdose Syndrome Oral, smoked H gh l Oral, injected, smoked g w,,,,y ,v,,,

Slow and fun"V nose.

shallow yawning, Moderate Oral, iniected Euphoria, j

36 " "- "" **

Einiected. snieved. imoked ar "esoirstory cfammy appetite, skin, con, irre tabilJty, l

depression, yes vulsions, tre mors.

l High constricted coma, panic, Chells pupils, poss>ble and sweating, Oral, insected nausea I 12 24 E death cramps, nausea High Low Variable l Moderate l Possible 58 Oral High. Shallow l M Moderate I*10 Slurred respiration, Anusety, speech, cold and insomnia, disorientation, clammy skin, tremors, i

jg i

I High g

Yes 4*0 Oral. insected drunken behavio, without odorof alcohol dilated pupils, weak andrap4 pulse, coma, delirium, convulsions, possible death possible death Moderate 12 E sn fed, infected E i

I E Possible Inc ne s, excitation, phoria, in-Agitation, in.

crease in body Apathy, long l

periods of l eu reased alert-Orai,intected temperature, creased pulse hallucinations, sleep, l I Yes j 24 rate and blood convulsions, irretability, p possible depression,

'0 * "'a. loss death disorientation 1

l Oral I o'"ressure, f appetite i5 8 12 E al E 0'9'" "" "**"

litusions and LO"9" '"*

Yes Up to days hallucinations, 'ntense " trip ** Withdrawal i coor perception episodes, syndrome Smoked. oral. imected ',***"d h[e I H unk m Possible Variable Orat,inse ted, smoked, Innmnia, I

Euphoria, re- Fatigue, hyperactivity, d

lyes l24 l tite, disoriented

, oral a, d ud Moderate lSmo chosis occasionaily I

behavior reported J

• Not designated a narcotic under the CSA f Designated a narcotic under the CSA lI E

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INDICATIONS OF POSSIBLE MISUSE DEPRESSANTS e.g., Quaalude, Doriden (Barbitumres) OTHER HALLUCINOGENS A. Behavior like that of alcoholintoxication, but without A. Behavior and mood vary widely. The user may sit or the odor of alcohol on breath. recline quietly in a trance.like state or may appear fearful or B. Stagaering, stumbling, or apparent drunkenness without even terrifled.

odor or use of alcohol. B. In some cases, dilated pupds.

C. Falling asleep while at work. C. Increase in blood pressure, heart rate, and blood sugar. g D. Curred speech. D.May experience nausea, chills, flushes, irregular breathing, g E. Pupils dilated. sweating and trembling of hands.

F. Difficulty concentrating. E. There may be changes in sense of sight, hearing, touch, smell, and time.

STIMULANTS / Amphetamines) It is unlikely that a person who uses LSD, for instance, A. The user may be excessively active, irritable, argumenta- would do so at work, smce a controlled environment, often in-tive, or nervous. volving a friend to provide care and supervision of the user,is g B. Excitation, euphoria, and talkativeness. generally desired. g C. Pupils dilated.

D.long periods without eating or sleeping.

E. Increased blood pressure or pulse rates.

GLUE OR HYDROCARBON (Casoline/ SNIFFING g A. Odor of substance inhaled on breath and clothes. g B. Excessive nasal secretim and waterms of the eyes.

NARCOTICS C. Poor muscular catrol(staggering) withm five minutes A. Sears (" tracks") on the arms or on the backs of hands. I exposure.

caused by injecting drugs.

B Pupi: constricted and fixed:poulbly dilated during E. I ese e of p as ic pe b gs or rags containing dry Pl astic cement.

C. Scratches self frequently.

D. l.oss of appetite. Frequently eats candy, cookies,and hB a drinks sweet liquids.

E. May have snifiles, red, watenng eyes and a cough which E disappears when he gets a "fix" Dunns withdrawal the Phencyclidine (PCP) E addict may be nausested and vomiting. Flushed skin. Phencyclidine, developed in the 1950's,is now licitly manu-frequent yawning, and muscular twitching are common. These factured as a vetennary anesthetic under the trade name symptoms also disappear when the addict gets a "fix". Semylan. Smce 1967 it has also been produced in clandestine F. Users often leave syringes, bent spoons, cotton, needles, laboratories, frequently in dangerously contaminated forms.

metal bottie' caps, medicine droppers, and glassine bags in The prevailing patterns of street-level abuse are by oral locker or desk drawers. Ingestion of tablets or capsules, containing the drug in powde, form both alone and in combination with other drugs,and by E

G. The user is lethargic, drowsy, sr.d may go on the " nod" 3 (i.e., an attemating eycle of dozing and awakening.) smoking the drug after it has been spnnkled on parsley, mari-H. Anyone dissolving tablets for injection runs a great nsk huana, or some form of tobacco. It is sometimes sold to un-and danger oflung impairment due to dep Jsits of talcum suspecting consumers as LSD. THC, or mescaline. Reported (part of the tablet) obstructmg or occluding the lung through experiences under the influence of phencyclidine are mainly the blood stream. nondescript or unpleasant. In low doses the expenence usually proceeds m three successive stagts: changes in body g MARIJUANA image, sometimes accompanied by feelings of depersonaliza- g A. In the early stages of manjuana usage, the person may tion: perceptual distortions, infrequently evidenced as visual appear animated with rapid loud talking and bursts oflaugh, or auditory hallucinations;and feelings of apathy or estrange-ter. In later stages,he may be sleepy. ment. The experience often meludes drowsmess, inability to B. Pupils may be dilated and the eyes bloodsnot. verbalize, and feelings of empttness or " nothingness." Reports C. May have distortions of perception and hallucmations. of difficulty in thinking, poor concentratton, and preoccupa.

The marijuana user is difficult to recognize unless he is tion with death are common. Many users have reacted to its g actually under the influence of the drug,and even then,he may use with an acute psychotic episode. Common signs of g be able to work reasonably well. The drug may distort his phencyclidine use include flushing and profuse sweating.

depth and time perception, making dnving or the operation of Analgesia, involuntary eye movements, muscular incoordina-machinery hazardous. Long continued use of marijuana has tion, double vision, dizziness, nausea, and vomiting may also been associated with men:al deterioration. be present.

1.s. emmen ntstru rrrer i tut o - nt u.

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ADMINISTRATION OF THE DRUG AND ALCOHOL POLICY Introduction The following personnel procedure and guideline is designed to assist the foremen, supervisors, and all management members in the I administration of the drug and alcohol policy. This procedure is to be utilized in conjunction with the DruF and Alcohol Policy and is intended to ensure that it is enforced.

1. THE " FITNESS FOR DUTY EXAM" (FDE)

1. Testing Levels Fitness for duty exams will be tailored to the individual situation and may range from urine sample / blood serum screening I to a complete physical examination.

The FDE will reveal the presence of any alcohol, cocaine, opiates, I amphetamines, barbituates, methadone, PCP, and benzodiapines.

The test will also show the presence of marijuana in excess of 20 nan /ml.

2. Type of Test The Company will use an initial test and a confirmation test.

I The initial test will be administered "in-house" at the health centers or designated location, and will require the employee to sign a consent form. This test will utilize a urine sample I and/or a blood serum screen. An initially positive test result will be submitted to an outside laboratory for a confirming test. This confirmation test will take approximately 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br />.

3. Who will receive " Fitness for Duty Exam" A. For Controlled Substances:

There are seven ways in which persons may routinely I receive a fitness for duty examination for controlled substances. These are:

(1) New Job Applicants; (2) Annual Physical Examination for Nuclear Security I officers and Nuclear Operators; I ,

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r ADMINISTRATION OF THE DRUC AND ALCOHOL POLICY Page 2

3. Who will receive " Fitness for Duty Exam" (Continued)

I A. For Controlled Substances (3) Any employee absent from work for thirty (30) continuous days or more and/or any employee who is "off due to sickness" for thirty (30) days, continuous or not, in a calendar year. Employees who are off due to major surgery or clearly identified physical ailments may not be subject to receiving this exam.

(4) Employees arrested for "off-work" drug activity.

(5) Employees who have completed the Employee Assistance Program, for drug and/or alcohol abuse, and have returned to the work place will routinely receive a fitness for duty examination four (4) times, unannounced, within their first year of returning to work.

(6) Employees who are transferring to Davis-Besse and require plant access may receive an exam.

(7) Random testing at Davis-Besse.

There are two ways in which an employee may be referred by a supervisor for a " fitness for duty" examination (Note enclosed example of " Employee Consent / Supervisor Referral" Form). These are:

• (8) Behavioral observation - If an employee is observed to 3 potentially be under the influence of controlled oubstances. 3 (9) Post Accident - If en employee has an industrial accident and the reasons for its cause are either unclear and/or the supervisor believes it should not have occurred and the Safety Department agrees.

B. For Alcohol All testing for the presence of alcohol, for the purpose of either removing the employee from the work place or taking disciplinary action will be performed under three (3) conditions via a supervisor referral (Note enclosed example of Employee Consent / Supervisor Referral" Form). These three (3) ways are:

• (1) Behavioral observation - If an employee is observed to potentially be under the influence of alcohol.

(2) Confirmation of Fitness for Duty - The supervisor has legitimate reason to question the employee (s) freedom from the effects of alcoholic beverages. Such reasons may include the following examples of having observed the employee drinking alcoholic beverages at lunch or the odor of alcohol on the employee.

• Refer to Section II, Supervisor Guidelines I

I ADMINISTRATION OF THE DRUG AND ALCOHOL POLICY B. For Alcohol (Continued)

I (3) Post accident - If an employee has an industrial accident and the reasons for its cause are either unclear and/or the supervisor believes it should not have occurred and the Safety Department agrees.

I

4. Treatment of Employee (s) During The Examination Employees referred for a fitness for duty examination will normally continue to be paid their normal work code during such testing subject to Item 5 below.

5. Test Results A. Negative - Controlled Substances and Alcohol If the results of the test are

• negative, then the employee will normally be considered fit for duty.

However, even though such tests are negative, no employee should be allowed to continue working, for any reason, if they I do not appear capable of performing their job in a safe manner.

Such employees should be dealt with on a case-by-case basis as discussed between the supervisor and either Union Relations or I Management Compensation and Development and, if appropriate. l the Company's Employee Assistance Coordinator. l Empleyees with drug or alcohol related problems are encouraged to iefer themselves to the Employee Assistance Program. Such l I

employees, if they have not otherwise violated the policy, will not be discharged or subject to d*scipline. They will, however, be subject to four (4) fitness for duty examinations, unannounced within the first year of completing the program.

B. Positive Controllen Substance Any employee found to have positive test result to a controlled I substance, including marijutia, will be subject to discharge.

If unusual or extenuating circumstances exist, then a I complete review of the facts, the employees work record, and/or other pertinent data will be conducted. Upon the results of this review, if circumstances warrant, some action other than discharge may be found appropriate.

• To be defined hereafter.

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ADMINISTRATION OF THE DRUG AND ALCOHOL POLICY Page 4 5

5. Test Results (Continued)

C. Positive Alcohol (1) Blood Alcohol Content (BAC) of .09% or below:

The employee will receive a written reprimand and be allowed I to return to work g the supervisor believe4 he/she can work safely. If the supervisor believes the employee cannot work safely, then the employee will be released from work (Code 84).

(2) Blood Alcohol Content (BAC) of .10% or above:

The employee will be removed from the work place (Code

84) and receive a one (1) day unpaid disciplinary suspension. The employee should also be referred to the Employee Assistance Program.

6. Future Violations:

A. Controlled Substances Any employee who is not discharged for the first violation will be discharged upon any.second occurrence regardless of the length of time between incidents.

B. Alcohol Progressive discipline will be utilized for any future violations on the following basis:

OCCURRENCE BAC ACTION First .09 or under Written Reprimand Second .09 or under 1-Day Unpaid Suspension Third .09 or under 3-Day Unpaid Suspension Fourth .09 or under Discharge First .10 or above 1-day Unpaid Suspension Second .10 or above 3-day Unpaid Suspension' Third .10 or above Discharge Combinations of previous disciplinary actions for varying blood alcohol levels may occur. However, upon the fourth occurrence I

of any BAC. the action taken should be discharge.

7. Other Policy Violations A. Sale or possession of controlled substances on Company property or during work assignment.

Normally, any employee who is found to either be conducting the sale of, or have controlled substances in their possession, for either their personal use or for sale, shall be subject to immediate discharge.

I ADMINISTRATION OF THE DRUG AND ALCOHOL POLICY Page 5

7. Other Policy Violations (Continued)

B. Possession of Alcoho11e Beverages on Company Property or During Working Hours.

Employees who bring, utilize, or maintain alcoholic beverages on the Company premises without the expressed permission of their mission head, or consume such I beverages during working hours, will be subject to a 3-day unpaid disciplinary suspension.

Employees Arrested for Off-The-Job Activity Involving I C.

Controlled Substances.

Due to the impact of this type of publicity and the varying I factors which must be taken into consideration, it is impossible to state a general rule which will be followed in the event of such an occurrence. The supervisor should contact either Union Relations or Management Compensation and Development, Industrial I Security and the Legal Deparcment to discuss what is the test possible approach of dealing with this situation.

D. Other Violation of the Policy Which are not Covered in this Procedure.

I The Corporate Drug and Alcohol Policy is a dynamic document.

As previously stated, its intent is to provide a safe work place for all the employees, the public, and our customers. If you I believe that other violations of the Policy have occurred which are not specifically referenced herein, please contact the Union Relations Department.

I II. SUPERVISORY GUIDELINES FOR ADMINISTERING THE POLICY I These guidelines are for use by supervisors at all levels throughout the Company. They are intended to provide assistance in the administration of the Company's drug and alcohol abuse policy.

1. All supervisors have a responsibility to assure themselves that  ;

employees under their supervision are at all cines fit to ]

perform their duties safely and are free from the influence of '

alcohol and/or controlled substances.

2. Employees who have a drug and/or alcohol problem and who ask for help should be referred irmediately to the Company's Employee I Assistance Program (example of form enclosed). This request for assistance will not excuse employees from possible disciplinary l I

action for violation of Company policy. )

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l ADMINISTRATION OF THE DRUG AND ALC0FOL POLICY ,

Page 6 I

3. Each supervisor is responsible for taking appropriate action whenever an employee's demonstrated judgment or performance g appears to be impaired by the possible use of drugs and/or alcohol. E Wen a supervisor suspects that an employee is " unfit for duty",

the supervisor should arrange, if practical, for at least one other supervisor to observe and evaluate the employee's behavior.

The employee's supervisor should ask the employee to explain why he/she appears unable to perform the job.

Should the employee fail to explain the condition to the supervisor's satisfaction, and it is still the supervisor's determination that the employee may not be fit for duty (controlled substances and/or alcohol may be involved), the supervisor should accompany the employee or arrange for him/her to be taken by an-other management employee to the designated facility, normally the Health Center, for examination. If the employee refuses to go, he/she should be advised that a refusal will be considered in any disciplinary proceeding and the employee should be withheld from service pending further investigation. Depending upon his/her condition, arrangements should be made for the employee to be taken home.

4. W en a supervisor observes the use, sale or possession of controlled substances by employees on the job, the supervisor should take the following steps:

A. Immediately confiscate, if possible, all drugs and/or paraphernalia. Contact another supervisor and the Industrial Security Department to direct any further investigation g necessary. 3 B. Separate the employees involved and take them to a location where they can be questioned individually by the Security Department about the incident.

C. The incident should be reported to your superior as well as the Industrial Security Department.

It may also be necessary to take action if the emp?.oyee appears to be under the influence of the controlled substance the employee vaa observed with. In this case, refer to Item II-3 in these guidelines.

D. Turn any confiscated drugs and/or paraphernalia over to the Industrial Security Department, which can be reached during work hours at (419) 249-5281. During other than work g hours, call the TED Operator at 249-5000 and request her to E utilize the Security Control List.

E. If the employee has not been removed from Company property by l law enforcement personnel, send him/her or take him/her home, i l depending on the employee's condition. Remove the employee I l

from service. Make no commitment regarding whether the employee will be paid or what discipline will follow.

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ADMINISTRATION OF THE DRUG AND ALCOHOL POLICY Page 7

5. Following any incident that might fall under these guidelines, I it is essential that the supervisor immediately make a detailed record for management of all actions, observations, statements and other pertinent facts, to include date, time, location, and witnesses to the incident.

6. When a supervisor learns that an employee has been arrested for a drug-related offense off duty, that supervisor should immediately contact Union Relations if its a union member, or Management I Compensation and Development if not a union member, and Industrial Security Department. A determination will be made by either Union Relations or Management Compensation and I Development as to whether the employee shall be withheld from service pending further itivestigation.

7. If drugs or drug paraphernalia are found on Company property and it is not obvious who the owner is, the first step should be to report the incident to your superior and the Industrial Security Department. An effort will be made by the Industrial Security I Department to determine the owner of the item by questioning supervisors or employees who may have been in the immediate area. The Industrial Security Department may contact the appropriate law enforcement authorities and all drugs and/or I illegal drug paraphernalia turned over to them. A signed receipt will be obtained from the law enforcement authorities.

8. If a supervisor receives a report that an employee has violated Company policy' the supervisor should obtain as much detailed information as possible from the person reporting the violation.

I The supervisor's superior and the Industrial Security Department should then be notified. Unproved allegations of drug and alcohol policy violations shall be kept highly confidential and shall only be discussed with appropriate management-level individuals who have a need to know by virtue of their position of responsibility.

ISupervisor should also refer to the Question and Answer information below.]

III. QUESTIONS AND ANSWERS FOR SUPERVISORS Q. How can I tell when an employee is "not in a condition" to perform his work?

A. An employee's physical appearance, unusual behavior, slurred speech, incoherent manner, lack of coordination, etc. may indicate that he is "not in a condition" to perform his work.

I Observation of job performance should be indicative. Is he drowsy, careless, inattentive? For specific signs of possible drug and alcohol use, a supervisor should refer to the training I and printed material that has been provided Is it possible for a supetrisor to determine whether an employee Q.

is actually under the influence of alcohol or drugs?

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5 ADMINISTRATION OF THE DRUG AND ALCOHOL POLICY Page 8 I

A. A chemical analysis is a definite method to datermine the concentration of drugs and alcohol in an individual. Supervieors g can make a judgment whether an employee appears to be fit for E duty. If a " fitness-for-duty" exam is taken, specific conclusions will be reported. When an exam is not administered, the supervisor (with the aid of another supervisor's opinion [when available])

can reach a determination that would be valid for purposes of safety and discipline.

Q. What should I do if an employee comes in smelling of an alcoholic beverage?

A. The presence of an alcoholic beverage odor alone is not a fool-proof indication that an employee is under the influence.

It is, however, a strong indicator and should be investigated.

The employee should be taken to a place with privacy where it l can be determined if the odor is being emitted in the breath. 5 An interview and " fitness for duty exam" should be conducted to determine if an alcoholic beverage was consumed and, if so, what, how much, when and where. The employee should be closely I

3 observed for any other indications of possible alcohol influence.

Results of the interview, observation and " fitness for duty exam" will assist in determining action to be taken, if any.

Q. How should I handle borderline cases where I think the employee may be " unfit for duty" but I am not sure?

A. No guidelines can be so specific as to cover every situation.

Two factors should be kept in mind, however. First, safety is g always our primary consideration, and if any doubt exists about g an employee's fitness to perform a specific task, take the employee off the job. Second, referral of an employee to the Employee Assistance Program or for a fitness-for-duty exam is not a form of discipline. If the lab reports back that the employee had no foreign substances in his system, the employee is simply paid for the time he was withheld from service. Do E not be efraid to use the procedure when doubt exists, though use 5 should not be so frequent that employees feel harassed.

Q. Why is it important for a member of supervision to accompany an employee to a fitness-for-duty exam?

A. Three reasons: (1) in most cases, when an employee is unfit to do his job, he is also unfit to drive to the Health Center or other desir. gated location; (2) it is important that a fitness-for-duty exam be administered as soon as possible to get an accurate g indication of the employee's condition when he was on the job 3 (some chemical substances are undetectable within just a few -

hours of their being taken); (3) supervision should be precent and in control of the situation to ensure that appropriate action is taken.

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. ADMINISTRATION OF THE DRUG AND ALCGHOL POLICY Page 9 Q. What should a supervisor do if an employee will not allow'anyone to drive him home?

A. Supervision should tako all reasonable steps to ensure that someone unfit for duty and possibly under the influence of drugs or alcohol I does not drive. If the employee will not ride with a supervisor, try to get a family member to pick up the employee. If necessary, advance the appropriate funds for whatever transportation arrange-I ments must be made. If the employee will not accept any of these arrangements and insists on driving himself, the local police should be advised of the circumstances and a record made of what transpired.

Q. How long does it take to get the results back from a fitness-for-duty exam?

A. It may take up to 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> for a confirmation test. If other tests or exams are needed, it may take three to five days. When the medical resource takes the samples, it may also be sent to a laboratory for analysis. During this time, the employee should I be withheld from service. The health center staff will notify the employee's immediate supervisor and/or the designated Company representative of the results of the exam.

Q. What should I do if I see a number of employees using drugs and the possibility exists that they may become hostile if confronted?

A. Cet help. Contact the Industrial Security Department and other supervisors. Supervisors should not allow 111egal activity on Company property to go unchallenged. They should not, however, I subject themselves to unnecessary risk.

Q. What should I do if an employee refuses to surrender a suspicious 5 substance when so instructed?

A. Request that the employee accompany you to your office or work I station while observing that he does not dispose of the substance.

Repeat your instruction in the presence of another supervisor, I if possible, warning the employee that continued refusal could result in discipline up to and including discharge. If the employee still refuses, contact the Industrial Security I Department. Be sure to consult with your superior and with Union Relations of Management Compensation and Development.

Q. How important is it to have another supervisor present when I I question an employee?

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I ADMINISTRATION OF THE DRUG AND ALCOHOL POLICY -

Page 10 A. It is very helpful, especially if the employee chooses to challenge your action later on. It is also helpful for ,

supervisors to have the benefit of a second management opinion.

Q. Is it lawful for supervision or Company security personnel to ,

inspect lockers, desks, or work stations?

A. Yes, however, there should be a common sense, reasonable basis for such an inspection, ranging from implementation of a periodic inspection policy to specific reports.of possible policy violation by an individual employee. Caution must be taken, however, to avoid any searches that are discriminatory or harassing in naturo. If it's a union member, it is a good idea to have another member of management and a union representative g' as witnesses. The results of such inspections may provide a g basis for disciplinary action. If the purpose of the search is criminal prosecution, the Industrial Security Department and ,

possibly local law enforcement should be involved.

Q. What should I do with any drugs that I find? ,

A. Each Company operating area will not always have a member of the Industrial Security Department on site. Contact the Industrial Security Department and call your superior. Keep the suspicious g substance under your direct custody to avoid it being tampered g with, and turn it over to Industrial Security no quickly as possible.

Q. What if an employee is arrested off Company property for suspected drug activity?

A. Call Union Relations if it's a union member or Management Compensation and Development if not a union member. We have a right to determine if an employee's off-the-job actions represent a violation of Company a policy. If the facts indicate violation of Company policy, the g Company has a right to take disciplinary action regardless of the outcome of any court action. Each situation will be judged on the circumstances of the arrest, and the impact tiie arrest may have on Company operations.

Q. What if an employee says he has been drinking when he is called to come to work on a stand-by or emergency basis?

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, ADMINISTRATION OF THE DRUG AND ALCOHOL POLICY 1 Page 11 i b g ^

r P

A. The supervisor must respect the need for fitness for duty. Get someone else to do the job. Remember Company policy prohibits

] ,

r working when "under the influence." The employee involved should be '=ii advised that the job does require him/her to be available to work on an -

=

g on-call basis. If an employee is regularly unavailable to g respond when on call or on an emergency response status, yss disciplinary action is appropriate. When an employee is not required to protect his service on an off day and is then called j

~~

to work, and he states that he is under the influence of drugs

B and/or alcohol, he will not be called to duty. If this b S

situation persistently reoccurs, the employee should be referred t the Employee Assistance Program. '& $

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$ Q. Who do I contact for a fitness-for-duty exam?

i 7:

A. Each Company operating area should contact the nearest available M L

Health Center (refer to Page 12). The urine test procedures and e"

consent form will have been provided to such locations. A supervisor iN k should accompany the employee to the location for testing and the -=

[ employee shall be withheld from service pending results of the test. 3 t The health center staff will notify the employee's immediate "

? g supervisor and/or the designated Company representative of the b F g results of the exam. uq l

JIEl k 1\

P Q. If I see someone using what I suspect may be alcoholic beverages ti L and/or drugs on the job, what should I do? ie

= W-g A. Take immediate steps to intervene so that such activity is terminated.  ?

i E Even if the individual does not report to you, as a supervisor, you "'

should intervene or take steps to see that immediate attention and -

g intervention by management takes place. As a supervisor, it is your _] '

E bliE8 tion to 8uPPort Company policy. Company policy rrohibits y possession or use of alcohol or drugs while on the job. Determine as -"

", best you can exactly what was taking place, document exactly what you

- i

- have observed. Confiscate any containers or contraband found and -

5 take administrative action, including relieving the employee (s) from _Y ,

duty as appropriate. .

g Q. What should I do if I hear about the use or buying / selling of "

_ illicit drugs either at work or away from the worksite? ,

F A. If you hear rumors of drug use, even though you have not actually 'I seen anyone using illicit drugs, consult with your own superior about -

e what you have heard. If you have reason to believe an employee is 2

__ E involved in criminal octivity such as selling drugs or stealing to =,

7 5 support a drug habit, report the facts to your supervisor and the '

Industrial Security Department and direction will be provided, y.

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I ADMINISTRATION OF THE DRUG AND ALCOHOL POLICY ,

Page 12 Q. What level of alcohol or other drugs does the Company consider to be "over the limit"?

A. The issue is not just the level of alcohol or other drugs but the use of these substances. The use of any of these substances g may impact an employee's judgement and ability to work safely. g Q. Does the Company plan to have searches for illegal drugs conducted on Toledo Edison property; and what is the position of the Company with respect to use of dogs to find drugs?

A. Company management reserves the right to authorize inspections for g illegal drugs or contraband. Such actions may involve an individual 3 employee or groups of employees. The Company does not intend to search indiscriminately lockers or personal vehicles on Company property, but will do so in order to protect the safety of the work location and to investigate possible violationa of the law and Company rules. The use of dogs to search work locations has taken place and the Industrial Security Department will decide if and when such action is needed.

IV. ADDITIONAL INFORMATION:

1. Health Center and other designated locations for Assignments; the following health center assignments are made for the referral / escort of employees by supervisors.

Davis-Besse - Davis-Besse Health Center Acme and Bay Shore - Bay Shore Health Center Holland and Delaware - Plaza Health Center Lakewood - Bay Shore Health Center Eastern District - Davis-Besse Health Center Defiance District - Defiance Hospital - Emergency Room Western District - Fulton County Hospital - Energency Room During hours when the health centers are not normally open, arrangements have been made with the following energency roon facilities to accept urine and blood serum specimens and employees may be referred / escorted to these locations:

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I ADMINISTRATION OF THE DRUG AND ALCOHOL POLICY Page 13

, Toledo - St. Charles Hospital St. Vincents Hospital Port Clinton - Magruder Hospital Defiance District - Defiance Hospital Western District - Fulton County Hospital When using these facilities, ALL appropriate authorization and I consent forms must be completed and submitted to the hospital staff person assisting you. The hospitals will not have a supply of these forms.

2. Information received regarding an employee who is taking legally prescribed drugs which may impact his ability to perform work in the work place will I be closely monitored by the Company and kept confidential.

If it is determined that an employee cannot safely perform his duties due to his being under the influence of a legally prescribed drug, the Company will accommodate him/her through job re-assignment (where possible). If not possible, the employee should be informed that there is I no work available which can safely be performed and the time should be recorded as off work due to illness.

I 3. It is strongly suggested that supervisors, in dealing with employees, make certain that the Employee Annistance Program is well communicated. This may be done by referring to the Employee Information Booklet which contains information on the back page on the Employee Assistance I Program.

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4. If at any time a supervisor or manager has either a question or problem they would ifke to discuss in greater detail, it is imperative that they either contact the lg Union Relations Department or Management Compensation and l5 Deve pment. It is underst od that these guidelines will not cover every situation and that some prudent decision making must occur to effectively police the Drug and Alcohol Policy.

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EMPLOYEE ASSISTANCE PROGRAM The Employee Assistance Program is designed to assist Toledo Edison Employees and their dependents in dealing with various personal problems such as alcohol or drug dependence, emotional stress, marital difficulties or severe financial situations.

I Any of the listed problems can have a negative effect on the job performance of the employee. The EAP counselor helps employees assess their problems and make referrals to other outside resources for treatment or ausistance.

I Employees who are referred to outside resources such as doctors or psychologists, will be responsible for professional fees. The Company's medical plan do.es cover I medical treatment and psychological counselling services. Consult the employee handbook or call the Employee Benefits and Health Services Department for details.

I There are two ways in which an individual may become involved in the Employee Assistance Program.

The first and preferred way is for the employee to seek confidential help volun-tarily; that is to realize the existence of a problem and to contact the Company EAP Coordinator, or Family Services or Northwest Ohio directly.

The second method of employee involvement is through a Toledo Edison Supervisor I on a Company referral. If an employee's job performance continues to deteriorate, despite corrective actions initiated by the Supervisor, a recommendation of referral to the Employee Assistance Program may follow.

Please remember that employees are strongly encouraged to contact the EAP Counselor j before drug or alcohol problems lead to disciplinary action. At that point, volun-teoring to participate in the EAP will not lessen or prevent disciplinary action.

} EAP COUNSELORS:

Tony Donisi, Ibnager Rosemarie Siebert-Barbeau, Counselor Wendy Seymour, Counselor I TOLEDO 244-5511 PORT CLIN 1oN 732-3569 BOWLING GREEN 352-4624 I GENOA 855-3906 I

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I TOLEDO

%m EDISON I EMPLOYEE CONSENT FOR DRUG / ALCOHOL ANALYSIS' ED 7694 1, , Social Security No, I do hereby give my consent to the Toledo Edison Company, its designated agent, and the laboratory to perform the necessary tests or examinations on me for drugs and/or alcohol.1 further give my permission to said designated agent and the laboratory to release the results of the tests or examinations to Toledo Edison.

If a contract employee, authorizat.on is hereby given for Toledo Edison to release said results to my employer.

I have taken or am taking the following medications within the past 30 days:

I NAME OF DRUG CONDITION FOR WHICH TAKE N PRESCRIBING P YSi AN R I

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COMMENis I

I NAME OF RE FERRING suPERYlSOR E X TE NsiON SPECIMEN NO. Daft TAKEN I slONAtuRE OF EMPLOYtt BEING YtstED DATE I X WITNiss DATE I X

' Failure to comply with either the signing of the com ent form or submitting to the tiecessary tests or examinations will I result in the employee's immediate suspension and will be considered grounds for discharge in accordance with the drug and alcohol abuse policy.

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EMPLOYER ASSISTANCE PROGRAM RtrEkRAL RECOMMENDATION TORM Name of Employee Being Reconwnended for Referral Department Date of Employment Month Year Job Title Length of Time in Current Position Month Year Name of Supervisor Making Referral Ti tle Date Form Received by Coordinator Initial (For each of the job performance problems listed below, circle the number which best de-cribes this employee's present performance.)

JOB PERFORMANCE PROBLEMS EXTENT 07 THE PROBLEM No Minor Needs Serious Major Problem Problem Attention Problem Problem

1) Repeated unscheduled absences 1 2 3 4 $

2) Missing deadlines 1 2 3 4 5

3) Alternating periods of high/ low

, , y 4 $

productivity

4) Making poor decisions /judgements 1 2 3 4 5

$1 Excessive tardiness ll 1 2 3 4 5 l 6) Inability to get along with M , y y 4 $

co-scrkers

7) Wasting meterials used on the job 1 2 3 4 $

8) Overreacts to criticism 1 2 3 4 5

9) Work requires more time / effort

, , 3 4 g than usual

10) Excessive use of sick time 1 2 3 4 $

11) Leaving smrk early for a variety

, , y 4 i of reasons

12) Difficulty remembering /following

, , y directions

13) increase in the number of job related accidents

14) Inebility to accept supervisJon 1 2 3 4 $

15) Difficulty in dealing with complen , , y tasks E 16) Deterioration of personal appearance 1 2 3 4 $

17) Making more mistab=s than usual 1 2 1 4 5

18) Other (specifyl 1 2 1 4 5

19) 1 2 1 4 *,

20) 1 2 3 4 $

lover please) i

r -y Empicyee As:ict:nc2 Progrca C:(GrrDi Cecommend:ticn 7:rm Page 2 Por Any Circled " Serious Problem" or " Major Problem", Please Provide Specific Comments

..) .s. .

Probleed Duration Coments Problem R Duration Comments _

Problem 0 Dutation Conenen ts Problem R Duration Comments Problem i Duration Coments I

I Additional Comments I

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Thio form is to be completed and forwarded to the Employee Asstat.snce Progr.sm Coordan.stor 13 O CONF! DENT!AL 6fANNTR.

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