Apply

1. Cook Plumbing Corporation (“Company”) has, on many occasions, expressed support and commitment to the principle of equal employment opportunity. It is our policy to recruit, hire, train and promote individuals, as well as administer any and all personnel actions, without regard to race, color, religion, creed, age, sex, national origin, military status, gender identity, sexual orientation, pregnancy, genetic information, physical disability, mental disability, or any other characteristic protected by federal, state, or local law. Our Company will not tolerate any unlawful discrimination and any such conduct is prohibited.
2. We generally accept job applications only when we have determined there are jobs available or soon to be available which we intend to fill. When we make a determination if there are jobs which we intend to fill, we reserve the right to review active applications already on file prior to accepting applications. Given the nature of our business, we reserve the right to not hire even though applications have been accepted should we determine our needs were not as we initially projected. Applications are considered “active” for a period of 15 calendar days from the date they were initially signed. All candidates must fully complete, date and sign the standard Cook Plumbing Corp. employment application form. (A resume will not be accepted in lieu of a completed employment application.)
3. We do not accept group applications and we accept only originals of our application materials.
4. Any applicant who falsifies or omits information on the application, or who provides false, incomplete or misleading material information during the application process will be disqualified from consideration for hire. If the individual has already been hired before the falsification or omission is discovered, their employment will be terminated.
5. We hire based on personal contact with individuals. We base our hiring decisions on a variety of factors including skills and ability to perform the job, prior employment with us, employment references, willingness to accept the offered salary, and personal interviews. Prior successful employment with Cook Plumbing Corp, and validated referrals from current or retired employees and relatives of current or retired employees will take precedence when hiring.
6. Cook Plumbing Corp. requires all applicants that have been offered a position, but prior to starting work, to submit to a pre-employment physical, drug screen, and background check. Any offer of employment that is made is conditional upon successfully completing these three items. To the extent an employee does not successfully complete a drug test, an employee may be offered a non-driving position. If the employee wishes to work in a driving position in the future, the employee must apply for that position and will be subject to the same drug screening process as other prospective employees for the position.
7. All employees are expected to be available to work and to work the hours appropriate for their employment status. It is the nature of our business that work may need to be done on a tight schedule. Just as the classification of an employee is not a guarantee of a certain number of hours of work, it is not a limitation on the number of hours for which an individual may be assigned. Work outside of the “norm” may be assigned on a daily or weekly basis, and an employee is expected to work as assigned unless prior approval has been given or the Company is aware prior to the assignment of conditions which would preclude an individual being able to work. Full time employees are expected to be available for a “regular” 40 hours per week schedule plus overtime as may be required by the Company. Regular part-time and temporary employees are expected to be available for the hours for which they committed to work at the time of hire. Our employees are prohibited from:
   1. Working for or having an ownership interest in any other mechanical, contractor of any size or type or any organization involved in or with the mechanical construction business (except that an employee may, with the approval of the Company, be an instructor in an apprenticeship or other training program in which the Company participates).
   2. Company employees may not own (in whole or in part, directly or indirectly), manage, be a consultant to, or have any relationship with a mechanical contracting business doing residential, commercial, industrial, or institutional work.
   3. Employees should avoid any conduct which would conflict with the best interests of the Company. All employees must be available to perform assigned work, including emergency projects or service calls, as is necessary to provide quality service to our customers. As such, any “moonlighting” activity which may conflict with the service needs and/or best interest of our business would be in violation of this policy as it may be modified from time to time. Employees must also avoid receiving any other personal gain from individuals outside of the Company for materials produced, decisions made, or services rendered during the course of their employment with the Company.

I acknowledge that I have read, understand, and accept the above. I also understand that Cook Plumbing Corp., at its option, may in its sole discretion and without prior notice change this policy to reflect such things as changes in applicable law and the circumstances of the Company’s business.

Equal Employment Opportunity Statement:

Employment decisions will be based on the principles of equal opportunity. All personnel actions (recruiting, hiring, training, promotion, compensation, etc.) are administered without regard to race, color, religion, creed, age, sex, national origin, military status, gender identity, sexual orientation, pregnancy, genetic information, physical disability, mental disability, or any other characteristic protected by the federal, state, or local law.

Education

This application shall remain active for 15 days. After 15 days, if I have not heard from Cook Plumbing Corp. and am still interested in employment it will be necessary to reapply and fill out a new application. If hired, this application becomes part of my official employment record.

I hereby certify that the information given by me in this application is complete, true and correct to the best of my knowledge. I understand and agree that any false information, misrepresentation or omission of facts in this application and the application process may be justification for refusal to hire, or immediate termination of employment without recourse. I further understand and agree that all information furnished in this application and the application process may be verified by Cook Plumbing Corp.

I further understand that nothing contained in this employment application or in the granting of an interview is intended to create an employment contract between Cook Plumbing Corp. and me for either employment or for the providing of any benefit. If an employment relationship is established, I agree to comply with the rules and regulations of Cook Plumbing Corp. and further understand and agree that my employment is “at will,” meaning my employment can be terminated at any time with or without cause or notice, at the option of either Cook Plumbing Corp. or me.

Further, if offered a position with Cook Plumbing Corp., I also agree to submit to drug testing, provided by Cook Plumbing Corp. and understand that my employment is conditional on satisfactorily passing the drug test prior to being placed on the job.

I authorize the Company to verify the accuracy of the information within this application. I also authorize the release of my educational transcripts to the Company for education verification purposes.

If I become employed by the Company, I understand that the employment relationship will be “at will,” and that the “at will” status may not change at any time unless specifically approved, in writing, by the CEO of the Company.

DO NOT SIGN UNTIL YOU HAVE READ THE ABOVE APPLICATION FORM WAIVER AND APPLICANT’S STATEMENT.

I certify that I have read, fully understand and accept all terms of the foregoing Application Form Waiver and Applicant's Statement. In signing this form, I certify that I understand all of the questions and statements on this Application for Employment.

Motor Vehicle Reports may be obtained as part of Cook Plumbing Corp. evaluation of my job application/employment. This report may be procured by Sentry Insurance as an assessment of insurability under my employer’s insurance coverages. By signing this disclosure, I hereby authorize Cook Plumbing Corp and Sentry Insurance to procure such report and additional reports about me from time to time, as it deems appropriate, to evaluate my insurability or for other permissible purposes.

1. STATEMENT OF PURPOSE

   Cook Plumbing Corporation (the “Company”) recognizes the problems of substance misuse in society and in the workplace. Substance misuse poses a serious threat to our employees, others with whom we work on job sites, and the public generally. It is also an obstacle to the profitable, efficient and safe operation of our business. Through this policy, we hope to combat the problems associated with substance misuse by creating a drug free workplace.

   Our substance misuse policy seeks to balance our respect for individual privacy with our need to keep a safe, productive, drug free environment. Our intention is to prevent substance misuse and promote its treatment. We encourage those who illegally use drugs or who misuse alcohol to seek help in overcoming their problem.

   With these basic objectives in mind, the Company has established the following program and policies for a drug and alcohol free workplace.

   Nothing in this program or policy is intended, nor should it be construed, as creating any rights (contractual or otherwise) in any individual, nor any obligations or duties on the part of the Company. While the Company believes wholeheartedly in the plans, policies and procedures described, it is committed to reviewing them continually, and reserves the right, in its sole discretion and without prior notice, to change, or to terminate or deviate from them at any time. Nothing in this program is intended, nor should it be construed, as requiring “cause” for termination or as otherwise altering in any manner the at-will nature of the employment relationship.

2. DEFINITIONS AND NOTIFICATION

   1. Misuse of a legal drug:: Any use of a legal drug which unsafely impairs an individual’s faculties and/or adversely affects an individual’s ability to perform his or her job responsibilities (other than the use of a legal drug for appropriate purposes in accordance with applicable medical directions). In addition, the taking of a prescription drug that was prescribed for another reason shall be considered misuse of a legal drug.
   2. “Alcohol”: Ethanol, isopropanol, or methanol.
   3. “Confirmed positive test result.” Except for breath alcohol testing conducted in accordance with this policy and Iowa’s private sector drug free workplaces statute, for purposes of this policy there shall be a “confirmed positive test result” when the results of a blood, urine, or oral fluid test are such that the level of one or more controlled substances or its or their metabolites in the specimen analyzed meets or exceeds nationally accepted standards for determining detectable levels of controlled substances as adopted by the U.S. department of health and human services’ substance misuse and mental health services administration. If nationally accepted standards for oral fluid tests have not been adopted by the U.S. department of health and human services’ substance misuse and mental health services administration, the standards for determining detectable levels of controlled substances for purposes of determining a confirmed positive test result shall be the same standard that has been established by the U.S. department of health and human services’ food and drug administration for the measuring instrument used to perform the particular specimen testing utilized.
   4. “Controlled substance.” The term “controlled substance” as used in this policy means
   1. any drug or other substance , or immediate precursor, included in schedule I, II, III, IV, or V under the federal Controlled Substances Act, 21 U.S.C. §801 et seq., and
   2. a drug, substance, or immediate precursor in Schedules I through V of Iowa Code Chapter 124, Subchapter II, and
   3. a counterfeit substance as defined under Iowa Cade Chapter 124 – a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.
   5. “Drug”: Any substance defined as a controlled substance and included in schedule I, II, III, IV, or V under the federal Controlled Substances Act, 21 U.S.C. §801 et seq.
   6. “Legal drug”: A drug for which there is a valid prescription or an over-the-counter medication.
   7. “Employee”: means a person in the service the Company and includes the Company, and any chief executive officer, president, vice president, supervisor, manager, and officer of the Company who is actively involved in the day-to-day operations of the business.
   8. “Prospective employee” or “job applicant”: A person who has made application, whether written or oral, to our Company to become an employee.
   9. “Refusal to submit to a test”: An individual will be deemed to have refused to submit to a test if he or she declines to consent to a test in a timely manner, fails to provide an adequate specimen without satisfactory medical explanation, or engages in any conduct which impairs or obstructs the testing process, which may include, but is not limited to, leaving the testing site before a sample is properly collected.
   10. “Sample”: A sample from the human body capable of revealing the presence of alcohol or other drugs, or their metabolites, which includes urine, saliva, breath, or blood. However, “blood” will only be used in the situation where a blood test for drugs or alcohol was made on an employee involved in a workplace accident and the test was administered by or at the direction of a person providing treatment or care to the employee and the test was not made at the request of or by the suggestion of the Company, and the Company has specifically determined to conduct post-accident, workplace injury testing.
   11. “Under the influence”: An employee or prospective employee shall be conclusively deemed, for purposes of this policy, to be “under the influence” of any substance regulated by this policy:
       1. 1. For substances other than alcohol, if he or she has any drug or its metabolites for which testing is conducted under this policy in an amount such that a “positive” test is confirmed by the laboratory to the Medical Review Officer used by the Company, or
       2. 2. For alcohol, if the level of alcohol detected by testing under this policy equals or exceeds the cutoff level established by this policy.

       Whenever notification of results to an employee or prospective employee is required to be given under the provisions of Iowa Code Section 730.5, and the employee or the prospective employee is a “minor” as defined by that statute, that notice shall also be provided to the parent of the individual by certified mail, return receipt requested in accordance with the provisions of that statute.

3. WORK RULES

   1. Legal Drugs/Medications
      1. Prescription Drugs. An employee may bring to work and take a prescription drug during work hours only if (1) the drug has been prescribed for the employee by a physician or other authorized prescriber; (2) the drug is taken in accordance with the prescriber’s directions; and (3) the prescription drug does not impair the employee or job applicant’s job performance or safety or the safety of others. All prescription drugs must be kept in the container in which they were received from the pharmacy or other dispenser.
      2. Over-the-Counter Medications. An employee may bring to work and take an over-the-counter medication during work hours only if (1) the over-the-counter medication is used for its intended purposes;(2) used in accordance with package directions and any supplemental directions of the employee’s physician; and (3) the over-the-counter medication does not impair the employee or job applicant’s job performance or safety or the safety of others. All over-the-counter medications must be kept in the original material (including the “box” or other material which contains warnings and cautions) in which they were received.
      3. Notification. An employee must notify the human resources manager whenever he or she is using a legal drug (i.e., a prescription drug or an over-the-counter medication) which potentially may affect safety or work-performance. Employees are expected to discuss potential side effects of prescription drugs with the prescribing physician as well as with the pharmacist who fills the prescription, and to read any materials that may be offered in conjunction with the prescription; employees are expected to check for potential side effects and warnings on any over-the-counter medication. In making the determination on whether to notify the Company, the employee should rely on the warnings or cautions that are received with the particular legal drug, including the advice given by health care professionals as noted above. The Company does not seek information on all legal drugs that an individual may be taking, but only those where there is an indication that the legal drug may affect performance, or there is a caution that one should not engage in certain activities which are part of the employee’s job duties while taking the legal drug. The Company reserves the right to take appropriate action (including relieving an employee from work) if the use of the legal drug is impairing or is deemed likely to impair the employee’s faculties or work performance. Employees who take prescription drugs or over-the-counter medication that can legally be prescribed under both federal and state law to treat a disability should inform the Company if they believe the medication will impair their job performance, safety, or the safety of others or if they believe they need a reasonable accommodation before reporting to work while under the influence of that medication.
      4. Misuse. Misuse of legal drugs will not be tolerated and will be dealt with in the same manner as the illegal use of a controlled substance.
   2. Alcohol or Drug Possession, Transfer or Use, Other Than Use Detected by a Drug Test

      Except as otherwise provided in Rule III-A above, an employee bringing or attempting to bring onto the Company’s premises or property, or to a Company worksite, having possession of, using, consuming, selling, transferring, or attempting to sell or transfer, or being under the influence of any alcoholic beverage, any controlled substance, while on Company business or at any time during the hours between the beginning and ending of the employee’s work day, whether or not on duty, and whether or not on Company business or property, is guilty of misconduct and is subject to discipline including discharge or suspension without pay, even for the first offense. This rule does not apply to alcoholic beverages provided by the Company for use at special Company-sponsored activities.

   3. Impairment During Work Hours
      1. It is our intent that an employee whose faculties appear to be impaired during work hours will not be allowed to work, regardless of the cause.
      2. An employee whose faculties are impaired during work hours due to the effects of the use of alcohol, use of a controlled substance, or the misuse of a legal drug, is subject to discipline including discharge, even for the first offense. However, if a drug or alcohol test is done, discipline will be imposed only as described below.
   4. Drug-Related Criminal Convictions

      Any employee who has been arrested for, convicted of, or has pled either “guilty” or “no contest” to, a drug-related crime must notify the Company of the conviction or plea no later than five (5) calendar days after it is entered. The Company will evaluate the factual circumstances underlying the criminal conviction or plea, and will make a decision what actions – which may include termination of the employment relationship – to take as a result. The failure of an employee to provide timely notice as required by this policy may result in disciplinary action, up to and including termination of employment.

   5. “Qualifications” for Prospective Employees

      Prospective employees may be required to undergo a drug test under certain circumstances (see “Prospective Employee Substance Misuse Program,” below). To be considered qualified for employment with the Company in positions for which we require a pre-employment drug/alcohol test, the individual must meet the criteria described in the applicable Prospective Employee Substance Misuse Program. A prospective employee who is not considered qualified under the applicable Program, or the refusal of the prospective employee to provide a testing sample, does not prevent the prospective employee from later initiating another inquiry with the Company.

   6. Employee Discipline in Connection With a Drug Test

      Employees may be required to undergo a drug or alcohol test under certain circumstances (see “Current Employee Substance Misuse Program,” below). Except as provided by law, the action that the Company will take against the employee upon receipt of a confirmed positive drug or alcohol test result, or upon the employee’s refusal to submit to such test is uniform, and is based only on the results of the drug or alcohol test.

      1. Refusal to Submit to a Drug or Alcohol Test. An employee’s refusal to submit to a drug or alcohol test when requested to do so will subject the employee to discharge. A job applicant’s refusal to submit to a drug or alcohol test when requested to do so will result in the job applicant’s application being withdrawn from consideration and disqualify the job applicant from being hired by the Company.
      2. First Positive Drug Test Result. An employee’s first confirmed positive drug test will result in the employee’s termination.
      3. Pre-Result Suspension. After a drug or alcohol test, but prior to the Company receiving the results of the employee’s drug or alcohol test, the employee’s employment with the Company may be suspended with or without pay, pending the outcome of the test. If the result of the test does not violate the terms of this written policy, the employee will be reinstated, with back pay and interest, as provided in Iowa Code §730.5(10)(b).
      4. First Positive Alcohol Test Result. An employee’s first confirmed positive alcohol test (level of at least .04 grams of alcohol per two hundred ten liters of breath, or its equivalent) will result in the employee’s termination unless the employee is eligible to participate in, and does participate in, the Company’s mandatory rehabilitation program. This one-time rehabilitation program only applies if all of the following requirements are met:
         1. The employee testing positive for alcohol must have been employed by the Company for at least 12 of the previous 18 months from the date of testing;
         2. The employee must agree to the treatment; and
         3. The employee must not have previously violated the Company’s substance misuse policy.

         If rehabilitation is required, the Company will not take adverse action against the employee so long as the employee complies with the requirements of rehabilitation, and successfully completes rehabilitation.

         The employee will be expected to use all available insurance benefits to pay for rehabilitation. Expenses after insurance will be split equally between the Company and employee. In no event, however, shall the Company be required to pay more than a maximum of two thousand dollars ($2,000).

      5. Second Alcohol Offense. If an employee who has previously tested positive for alcohol, tests positive for alcohol on a second occasion, or refuses to be tested, the employment of the employee will be terminated.

4. DRUG TESTING PROGRAMS

   1. Pre-Employment Substance Abuse Screening Program for Operators (all positions involving driving or operation of heavy machinery)
      1. Drug Testing. The Company will conduct a pre-employment drug test of all prospective employees seeking an Operator position. The pre-employment drug test is designed to prevent hiring individuals who illegally use controlled substances or who misuse legal drugs.
         1. The prospective employee may provide any information which may be relevant to the drug test. Such information may include identification of prescription or nonprescription drugs currently or recently used or any other relevant medical information. To the extent feasible, precautions will be taken to ensure that the testing only measure, and the records concerning the testing only make use of information regarding drugs in the body. The following is a list of drugs for which testing will be conducted:
            • Amphetamines (including methamphetamine).
            • Barbiturates;
            • Benzodiazepines;
            • Cannabinoids (Marijuana);
            • Cocaine;
            • Methadone;
            • Opiates (including morphine and codeine);
            • Phencyclidine;
            • Propoxyphene.

         For Operators, the Company has a zero tolerance for marijuana and have instructed our MRO that no explanation for the presence of this substance should be accepted other than a valid medical prescription for a lawful prescription drug or valid court order.

         To be considered qualified for employment as an Operator, we must receive an unrestricted “negative” report (i.e., not limited by such phrases as “dilute” specimen, unless there is an explanation acceptable to the Company for the “dilute” specimen) on an otherwise valid test. If that qualification is not met, the prospective employee will be deemed “not qualified” to work in an Operator position and either the application process will be terminated or any conditional offer of employment that has been extended will be withdrawn. The Company may still decide to offer the prospective employee a non-Operator position. If the prospective employee is offered such a position, and accepts it, the prospective employee may reapply for an Operator position at a later date and will be required to pass the Pre-Employment Substance Misuse Screening Program as described in this policy.

      If there is a confirmed positive test result reported to the Company by the Medical Review Officer, the job applicant will be notified in writing of the test results; the name and address of the Medical Review Officer who made the report; and the job applicant’s rights to request records relating to such test. If a job applicant receives a written notice from the Company of the job applicant’s confirmed positive test results, the job applicant may, upon written request, have access to any records relating to the job applicant’s drug test, such as records of the laboratory where the testing was conducted and any records relating to the results of any relevant certification or review by a Medical Review Officer. However, a job applicant is entitled to such records only if the job applicant requests the records within fifteen (15) calendar days after receiving the Company’s written notice of the job applicant’s confirmed positive test results.

   2. Pre-Employment Substance Abuse Screening Program for Non-Operator Positions
      1. Drug Testing. The Company will conduct a pre-employment drug test of all prospective employees seeking a non-Operator position. The pre-employment drug test is designed to prevent hiring individuals who illegally use controlled substances or who misuse legal drugs.
         1. The prospective employee may provide any information which may be relevant to the drug test. Such information may include identification of prescription or nonprescription drugs currently or recently used or any other relevant medical information. To the extent feasible, precautions will be taken to ensure that the testing only measure, and the records concerning the testing only make use of information regarding drugs in the body. The following is a list of drugs for which testing will be conducted:
            • Amphetamines (including methamphetamine).
            • Barbiturates;
            • Benzodiazepines;
            • Cannabinoids (Marijuana);
            • Cocaine;
            • Methadone;
            • Opiates (including morphine and codeine);
            • Phencyclidine;
            • Propoxyphene.

         To be considered qualified for employment, we must receive an unrestricted “negative” report (i.e., not limited by such phrases as “dilute” specimen, unless there is an explanation acceptable to the Company for the “dilute” specimen) on an otherwise valid test. If that qualification is not met, the prospective employee will be deemed “not qualified,” and either the application process will be terminated or any conditional offer of employment that has been extended will be withdrawn.

         If there is a confirmed positive test result reported to the Company by the Medical Review Officer, the job applicant will be notified in writing of the test results; the name and address of the Medical Review Officer who made the report; and the job applicant’s rights to request records relating to such test. If a job applicant receives a written notice from the Company of the job applicant’s confirmed positive test results, the job applicant may, upon written request, have access to any records relating to the job applicant’s drug test such as records of the laboratory where the testing was conducted and any records relating to the results of any relevant certification or review by a medical review officer. However, a job applicant is entitled to such records only if the job applicant requests the records within fifteen (15) calendar days after receiving the Company’s written notice of the job applicant’s confirmed positive test results.

   3. Current Employee Substance Abuse Screening Program
      1. Circumstances When Testing May Be Required

         An employee may be requested or required to submit to a drug or alcohol test under any of the following circumstances:

         • Reasonable Suspicion: A specific employee may be required to submit to a drug or alcohol test if the Company has evidence that an employee is using or has used drugs or alcohol in violation of the Company’s written policy. This evidence must be drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Facts and inferences may be based upon, but not limited to, any of the following:
           • Observations made at work, such as direct observation of drug or alcohol use or the physical symptoms or manifestations of being impaired by drug or alcohol use.
           • Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.
           • A report, by a reliable and credible source, of drug or alcohol use.
           • Evidence that an individual has tampered with any drug or alcohol test during the individual’s employment with the Company.
           • Evidence that an employee has caused an accident while at work that resulted in an injury to a person for which injury, if suffered by an employee, a record or report could be required under Iowa Code, Chapter 88, or resulted in damage to property, including to equipment, in an amount reasonably estimated at the time of the accident to exceed one thousand dollars.
           • Evidence that an employee has manufactured, sold, distributed, solicited, possessed, used, or transferred drugs while working or while on the employer’s premises or while operating the employer’s vehicle, machinery, or equipment.
         • Workplace Accident Testing: The Company may require an employee to submit to a drug or alcohol test in conjunction with its investigation of any accident in the workplace which results in damage to property, including equipment, in an amount (estimated at the time of the accident) to exceed more than $1,000.00, or which results in an injury to any person (regardless of whether the injured person is an employee of the Company) unless the injury is minor and requires only first aid treatment that does not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job. It should be emphasized that testing in conjunction with the investigation of a workplace accident is not limited to the individual who was injured. Also, employees of the Company are reminded that they are expected to report all work-related injuries and illnesses promptly and accurately, without fear of retaliation for doing so.
         • Federal Laws/Regulations. The Company will conduct drug or alcohol testing as required by a federal law or regulation or by law enforcement.
      2. Types of Testing That May Be Required.
         1. Drug Testing.

            The Company has determined to conduct controlled substance or “drug” testing in an attempt to discourage and prevent employees from using drugs in violation of this policy.At the time the sample is collected, an employee may provide any information which may be relevant to the drug test. Such information may include identification of prescription or nonprescription drugs currently or recently used or any other relevant medical information. To the extent feasible, precautions will be taken to ensure that the testing only measures, and the records concerning the testing only make use of information regarding, drugs in the body. The following is a list of drugs for which testing will be conducted:

            • Amphetamines (including methamphetamine).
            • Barbiturates;
            • Benzodiazepines;
            • Cannabinoids (Marijuana);
            • Cocaine;
            • Methadone;
            • Opiates (including morphine and codeine);
            • Phencyclidine;
            • Propoxyphene.

            For Operators, the Company has a “zero tolerance” for marijuana and has instructed its MRO that no explanation for the presence of this substance should be accepted other than a valid medical prescription for a lawful prescription drug or a valid court order.

            At the time a urine specimen is collected for drug testing, it will be split into two components. An oral fluid specimen shall be collected in an amount sufficient to allow the testing required by Iowa Code Sections 730.5(7)(g)(3).). If there is a confirmed positive test result reported to the Company by the Medical Review Officer, the employee will be notified in writing of the result through a letter, sent certified mail, return receipt requested. The employee may have a second test performed on the “second half” of the split urine sample or specimen, or upon the reserved portion of the oral fluid testing specimen, at the employee’s own cost paid to the Company, and at an “approved” laboratory of the employee’s own selection. If an employee desires to have that second, confirmatory test done, the Company must receive notification within seven days of the date of mailing of the letter to the employee — including both receipt of the payment and the designation of the laboratory.

         2. Alcohol Testing.

            The Company has determined to conduct alcohol testing in an attempt to prevent employees from abusing alcohol. An alcohol concentration equal to or greater than .04 grams of alcohol per two hundred ten liters of breath (or its equivalent) is considered a positive alcohol test result and violates this policy.

            Testing for violations of the Company’s rules with regard to “alcohol” may be done through a “breath test” type standard rather than using other specimens, as is permitted by Iowa Code Section 730.5(7)(g)(2). It is the intent of the Company that this policy be construed in such a manner as to assure compliance with that statutory provision, including compliance with the provision that certain requirements governing alcohol screening devices, evidential breath testing devices and the qualifications for personnel administering both initial and confirmatory alcohol testing, “be consistent with regulations adopted as of July 1, 2017, by the United States Department of Transportation governing alcohol testing required to be conducted pursuant to the federal Omnibus Transportation Employee Testing Act of 1991.” Those regulations are included in 49 C.F.R. Part 40, Subparts C and D.. A copy of the regulations is available for inspection during regular business hours at 1425 Fuller Road, West Des Moines, Iowa 50265.

            Where there is such “alcohol” testing, the following standards shall apply:

            1. Initial screening for alcohol will be done by an analytic procedure to determine whether an individual may have a prohibited concentration of alcohol. This initial screening may be done either by an “evidential breath testing device” or by a non-evidential alcohol screening device.
               1. For purposes of this policy, when the initial screening for alcohol is done by a non-evidential alcohol screening device, such testing will be administered by an individual who is qualified as a “screening test technician” – an “STT” – under the standards established by the United States Department of Transportation and found at 49 C.F.R. § 40.213. These standards include both successful completion of a United States Department of Transportation approved course of instruction (either for an “STT” or for a breath alcohol technician) and demonstrated proficiency in the operations of the non-evidential screening devices s/he may be using.
               2. For purposes of this policy, a “non-evidential alcohol screening device” means a screening device included by the National Highway Traffic Safety Administration (“NHTSA”) on its conforming products list (“CPL”) for non-evidential screening devices. These may be either a non-evidential breath testing device, or a saliva testing device. In order to be used for testing under this policy, the non-evidential alcohol screening device shall have a quality assurance plan developed by the manufacturer and approved by the NHTSA. It shall be the responsibility of the individual administering the screening test to assure compliance with both the quality assurance plan and the instructions of the manufacturer for each non-evidential screening device used for alcohol screening. In administering an initial screening test for alcohol, the STT shall follow the applicable procedure as set forth in 49 C.F.R. Part 40, Subpart L.
            2. All confirmatory testing for alcohol shall be done by an “evidential breath testing device,” and such confirmatory testing shall be performed by a “breath alcohol technician,” regardless of whether the initial screening was done by either an “evidential breath testing device” or by a non-evidential alcohol screening device.
               1. For purposes of this policy, an “evidential breath testing devise” (or “EBT”) means a device approved by the National Highway Traffic Safety Administration (“NHTSA”) for the evidential testing of breath, and placed on the NHTSA’s Conforming Products List (“CPL”) of Evidential Breath Measurement Devices, and identified on the CPL as conforming with the model specifications available from the Office of Alcohol and State Programs of the NHTSA. Such an “EBT,” when used for a confirmatory test, shall meet all of the requirements of 49 C.F.R. §40.231, including the requirements with regard to the ability to provide a printed result, to assign a unique sequential number to each completed test which is capable of being read before the test and of being printed on each copy of the result, of being able to distinguish alcohol from acetone at the 0.02 concentration level, tests an air blank, and performs an external calibration check. In addition, in order to be used for confirmatory testing under this policy, the “EBT” both shall have a quality assurance plan developed by the manufacturer and approved by the NHTSA, and shall be inspected, maintained and calibrated as provided in that quality assurance plan. When not being used, an EBT shall be stored in a secured location. In all events, the requirements established by the United States Department of Transportation and found at 49 C.F.R. §40.233shall be met.
               2. For purposes of this policy, a “breath alcohol technician” is an individual who has been trained to proficiency in the operation of the EBT that he or she will be using as well as on the testing procedures required by 40 C.F.R. Part 40, Subpart M . Such training will include successful completion of a course of instruction determined to be the equivalent of the United States Department of Transportation “model course” as determined by the NHTSA. If the “breath alcohol technician” – or “BAT” – is to perform external calibration checks of an EBT, s/he will also be trained to proficiency in conducting the check on the particular model of EBT s/he will be using (including practical experience and demonstrated competence in preparing the breath alcohol simulator or alcohol standard, and in maintenance and calibration of the EBT).
                  • It is our policy that a “BAT-qualified” supervisor of an employee will not conduct a test on that employee unless no other BAT is available to perform the test in a timely manner.
                  • It is our policy and requirement that any “BAT” or “STT” shall receive additional training after the initial training as may be needed to ensure proficiency concerning new or additional devices or changes in technology that s/he will use. It is our further policy and requirement that appropriate documentation of the training and proficiency shall be maintained as required by the appropriate federal regulations.
                  • Law enforcement officers who have been certified by state or local governments to conduct breath alcohol testing – including certification by the appropriate governmental entity to use the particular device that s/he used – are deemed under this policy to be qualified as a “BAT.”
            3. For all testing for alcohol done under this portion of our policy, the “breath alcohol testing form” prescribed by the United States Department of Transportation as “Appendix I” to 49 C.F.R. Part 40 shall be used, and shall be completed as required by the appropriate federal regulations.It is our policy that any refusal on the part of an individual who has been asked to submit to alcohol testing shall be considered a “refusal to submit to a test,” and the appropriate sanction provided by these policies shall apply.
            4. For all testing for alcohol done under this portion of our policy, we require that if a “confirmatory” test is required following an initial screening test for alcohol, the confirmatory test be performed no less than 15 minutes and no more than 30 minutes after completion of the initial screening test. To prevent the accumulation of mouth alcohol which may lead to an artificially high reading, an individual being tested should be instructed to not eat, drink, put any object or substance in his/her mouth (to the extent possible), and not belch during the waiting period. However, even if the employee has disregarded this guidance, the confirmatory test will be conducted within the prescribed time limits.
            5. We require that testing for alcohol done under this portion of our policy be done in such a manner so as to provide, to the greatest extent practicable under the circumstances, visual and aural privacy to the individual being tested such that unauthorized persons may not see or hear the test results. We expect that the individual administering or supervising the testing will conform with the applicable USDOT-established standards for test administration. These standards include, but are not limited to, procedures regulating sanitation – including the prohibition of the re-use of any devices, swabs, gloves, mouthpieces or other materials, and the sanitary disposal of such materials.
            6. In the event that an individual being tested is unable to provide sufficient saliva for any screening test after at least two attempts, the individual shall be tested using a breath testing device. If an individual attempts to but fails to provide an adequate amount of breath, the individual will be directed to immediately obtain an evaluation from a licensed physician acceptable to the Company concerning the individual’s ability to provide an adequate amount of breath, and to have that licensed physician provide a written statement to the Company of both his/her conclusions and the basis for those conclusions. If that licensed physician determines in his or her reasonable medical judgment that the individual has a medical condition which did or with a high degree of probability could have precluded the individual from providing an adequate amount of breath, the failure of the individual to provide an adequate amount of breath for testing shall not be deemed a refusal to submit to a test. If the licensed physician in unable to make such a determination, or if the employee fails to obtain either an evaluation by or cause the licensed physician to furnish the Company with any written statement, the failure to provide an adequate amount of breath shall be regarded as a refusal to submit to a test, and the appropriate sanction imposed.
            7. Immediately following the conclusion of any alcohol testing under this portion of the policy, the individual tested will be provided with the “employee” copy of the form, and the individual conducting or supervising the testing will both immediately inform the Company of the results and transmit to the Company the “employer” copy of the form. Notwithstanding any federal regulations to the contrary, the results of the testing shall be kept “confidential” as provided by Iowa Code Section 730.5(13).
      3. Standards Applicable to All Testing of Current Employees.
         1. Test Scheduling: Drug or alcohol testing shall normally occur during, or immediately before or after, a regular work period. The time required for testing, including travel time, will be considered by the Company to be work time for purposes of the FLSA, compensation and benefits.
         2. Test Costs: The actual costs for testing, other than for a second, confirmatory test if one is required, and one is requested as provided by law, are paid by the Company. If the drug or alcohol sample collection, or alcohol screening, is conducted at a place other than the employee’s normal work site, the Company will provide transportation, or pay reasonable transportation costs to the employee.

5. EMPLOYEE ASSISTANCE PROGRAM

   The Company is aware that many personal or health problems can and do interfere with an employee's ability to perform on the job. These problems may include emotional and mental disorders, family and marital difficulties, misuse of alcohol or drugs, etc.

   Employees whose job performance problems are not related to a lack of skill may be in need of the attention of professionals. If the underlying problems or situations are ignored, they may worsen with time, eventually rendering the person unemployable. With proper treatment, many troubled employees can be restored to a satisfactory level of job performance.

   The Company offers an Employee Assistance Program (EAP) for employees and their dependents as part of its employee services to help individuals manage personal problems that can impact their well-being and work performance. The EAP provides confidential evaluation, referral and short-term counseling at no cost to employees whose personal or health problems are interfering with their job performance. Confidentiality is assured. Information regarding the nature of the personal problem will be made available to Supervisor/Facilitators only on a "need to know" basis.

   The purposes and practices of the Company's disciplinary rules and the role of the EAP are distinctly separate in their applications. An employee's decision to seek prior assistance from the EAP will not be used as the basis for disciplinary action and will not be used against the employee in any disciplinary proceeding. On the other hand, the fact that an employee has been using the EAP will not be a defense to the imposition of disciplinary action where facts showing a violation of the Company rules are obtained outside the EAP.

   Through the EAP, the Company will provide appropriate evaluation and referral to rehabilitation, treatment or counseling. Employees undergoing such treatment will be granted leave with a conditional return to work depending on successful completion of the appropriate treatment regimen.

   Except as otherwise required by law, the cost of the substance misuse treatment itself is the responsibility of the employee. However, the individual's medical expense benefit plan may cover all or a part of this cost.

   It is the responsibility of each employee to seek assistance before disciplinary action. Once a violation of the Company’s rules has come to the Company’s attention, subsequently using the EAP or other outside agencies on a voluntary basis will not necessarily lessen disciplinary action and may, in fact, have no bearing on the determination of appropriate disciplinary action.

I certify and acknowledge that I have received and read a copy of Cook Plumbing Corporation’s Policy for a Drug and Alcohol Free Workplace (“Policy”) and understand my rights and responsibilities under the Policy.

I understand that this Policy, and any other communication by a management representative or any other employee, whether written or oral, does not create an employment contract, but it is an explanation of Company policies. The Company has not solicited my assent or agreement to the policies, procedures and rules set forth in those materials, and my employment is not in consideration of or in return for my being bound by them. I understand that the Company may revise, supplement, or rescind any Company policy in its sole discretion.

I also realize that nothing in the materials is intended to create any contractual rights in addition to those that I might have independent from these materials, and that nothing in these materials is intended nor should it be construed to provide a belief that my employment is not terminable at will.