POLICY AGAINST HARASSMENT:
Carter & Carter is committed to providing a work environment that is free from all forms of unlawful discrimination and harassment. In keeping with this policy, the Company strictly prohibits unlawful harassment of any kind, including harassment on the basis of sex, race, color, religious creed, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, pregnancy, sexual orientation, or any other characteristic protected under state or federal law. Conduct, intentional or unintentional, that results in harassment will not be condoned. All employees including managerial, hourly, and third parties are expected to conduct themselves at all times in accordance with this policy.
Sexual Harassment
Sexual harassment is one form of prohibited harassment and is absolutely prohibited. It consists of unwelcome sexual advances, requests for sexual favors, or visual, verbal or physical conduct of a sexual nature. It includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser.
It is unlawful to make wages, hours, or working conditions dependent on the employee’s submission to or rejection of sexual advances. It also is unlawful to give employment advantages in return for sexual favors or to deprive someone of employment advantages because he or she rejected one or more sexual advances.
It is unlawful to knowingly maintain an intimidating, hostile, or offensive working environment. A sexually offensive working environment can be created by such circumstances as pressure for sexual activities, unwanted and unnecessary physical contact with another employee, verbal abuse of a sexual nature, the inappropriate use of sexually explicit or offensive language, or the display in the work place of sexually suggestive objects or pictures.
The following is a partial list of the kinds of conduct that may contribute to the creation of a sexually offensive working environment:
• Unwanted sexual advances
• Visual conduct: leering, making sexual gestures, or displaying sexually suggestive objects or pictures, cartoons, or posters.
• Verbal conduct: making or using derogatory comments, epithets, slurs, and jokes.
• Verbal sexual advances or propositions.
• Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, emails, notes, or invitations.
• Physical conduct: touching, assault, impeding or blocking movements.
Supervisors and managers of all levels are responsible to ensure that the work environment is free from sexual and other forms of harassment. Managers and supervisors who learn of sexual harassment, be it an individual employee complaint, personal observation, or any other source, should notify the Construction Coordinator immediately. The privacy and confidentiality of all such incidences must be strictly maintained by supervisors and managers in accordance with the Company’s obligations to investigate such incidents.
This prohibition against sexual harassment applies equally to conduct by customers, vendors or suppliers of the Company. The Company will not tolerate prohibited conduct by any third parties directed to any employee.
Racial harassment is another form of prohibited harassment. A racially hostile working environment may be created by such things as verbal abuse of a racial nature and the use of racially derogatory terms.
Complaints
Any employee who believes he or she has been a victim of unlawful harassment in any form by any manager, supervisor, co-worker, customer, or other visitor is strongly encouraged to report the incident to his or her supervisor. If for any reason the employee is uncomfortable with discussing the subject with his or her supervisor or, in the alternative, if the employee is not satisfied after bringing the matter to the supervisor’s attention, the employee may report the incident to the Construction Coordinator or another member of Senior Management.
The Company will investigate all allegations of harassment or discrimination in as prompt and confidential manner as possible and will take appropriate corrective action when warranted. At the conclusion of the investigation, Company officials will advise the complaining employee of the results of the investigation and disciplinary actions to be taken, if any. The Company will not tolerate retaliation in any form against an employee or applicant who makes a good faith complaint of harassment. Retaliation itself may be cause for appropriate disciplinary action, up to and including termination of employment. Any employee who is determined by the Company to have engaged in harassment in violation of this policy is subject to appropriate disciplinary action, up to and including termination of employment.DRUG AND ALCOHOL POLICY:
The purpose of this policy is to affirm the long-standing commitment of Carter & Carter to provide for the safety and health of its employees and to provide a safe work environment. This policy strengthens that commitment by emphasizing Carter & Carter’s position regarding the use of alcohol and illegal drugs, during work hours, on any of the Carter & Carter jobsites, or impairment on the job caused by any off duty use of alcohol or illegal drugs. This policy applies to all employees of Carter & Carter, others performing work for Carter & Carter, and persons visiting the Carter & Carter jobsites. Compliance with the Drug and Alcohol Policy is a condition of both initial and continued employment.
Definitions –
a) Illegal Drugs – For the purpose of this policy, an “illegal drug” is defined as any drug which is not legally obtainable, any drug which is legally obtainable but which has not been obtained legally; or any drug which has been legally obtained but which is knowingly used for other than the prescribed purpose or in other than the prescribed manner.
b) Controlled Substances – For the purpose of this policy, a “controlled substance” is defined as drug substance or immediate precursor as found in Schedule I through Schedule V, Article 2, of Chapter 2 of Title 20 of the Code of Alabama (1975), as amended.
c) Prescription Drugs – For the purpose of this policy, a “prescription drug” is defined as a drug substance or immediate precursor prescribed by a licensed physician and dispensed by a licensed pharmacist. The “prescription drug” must be used according to the directions of such physician.
Prohibitions -
a) It is the policy of Carter & Carter that employees shall not be involved in the illegal use, possession, sale or transfer of drugs or controlled substances, or unauthorized consumption or possession of alcoholic beverages, during work hours (including at lunch or breaks), on the Carter & Carter job sites, while operating Carter & Carter vehicles or equipment, or while operating their personal vehicle or equipment in the performance of work for Carter & Carter. Thus, the taking of prescription drugs without a valid prescription is considered a violation of this policy. Violation of this policy, or failure to comply with any of its terms, constitutes grounds for termination of employment.
b) The sale or distribution of illegal drugs or controlled substances to any Carter & Carter employee, or a criminal conviction for the sale, use, possession or distribution of illegal drugs or controlled substances, constitutes grounds for termination of employment.
Alcohol and Drug Testing Procedures –
a. When Carter & Carter has a reasonable suspicion that an employee is in violation of any provision of this policy, Carter & Carter will utilize all investigative techniques and resources at its disposal, including available testing and analysis as required, to detect violations of this policy. Any employee refusing to cooperate with this investigative process, including submitting to drug or alcohol testing, or testing positive for drug or alcohol use, or altering or adulterating blood or urine samples provided for such tests, will be subject to disciplinary action up to and including termination of employment.
b. Carter & Carter reserves the right to require employees to submit to drug and alcohol testing and analysis as part of an investigation when:
i) An employee is or may have been involved in an accident. An “accident” is defined as an incident which results in any property damage or personal injury to anyone.
ii) An employee is or may have been involved in a near miss incident. A “near miss” incident is defined as a readily apparent mishap which could have resulted in an accident
iii) Observations of behavior lead to reasonable suspicion that an employee may be in violation of this policy.
c. Additionally, employees may also be required to submit to drug and alcohol testing and analysis under the following circumstances:
i) During a physical examination required by Carter & Carter, including regulatory examinations, as determined appropriate by Carter & Carter.
ii) On returning to work following an extended period of more than 90 days.
iii) When required to do so by our customers, government agencies, government regulations, or by insurance providers.
d. Carter & Carter reserve the right to subject employees to drug and alcohol testing and analysis as a part of a “random” system of periodically testing employees without notice in advance. All employees of Carter & Carter, regardless of position or classification, are subject to random testing without notice.
e. Applicants for employment may also be required to submit to and pass a pre-employment drug screening prior to being considered for employment by the Company.
f. Any employee failing to submit to such test(s), or testing positive for drug and alcohol use or altering or adulterating blood or urine samples provided for such tests, will be subject to disciplinary action up to and including termination of employment. An employee will not be entitled to receive workmen’s compensation benefits and/or unemployment benefits if they are injured in an accident due to being intoxicated from the use of alcohol or being impaired by illegal drugs or if they are discharged for violation of this drug and alcohol testing policy. The refusal by an employee to take a drug or alcohol test following an accident will result in the forfeiture of that employee’s rights to receive workmen’s compensation benefits in addition to being terminated from employment, without unemployment compensation, by Carter & Carter.
_Reasonable Suspicion_-
Employees are subject to testing based on (but not limited to) observations by at least two members of management of apparent workplace use, possession or impairment. HR, the direct manager or the director of operations should be consulted before sending an employee for testing. Management must use the Reasonable Suspicion Observation Checklist to document specific observations and behaviors that create a reasonable suspicion that an employee is under the influence of illegal drugs or alcohol. Examples include:
- Odors (smell of alcohol, body odor or urine).
- Movements (unsteady, fidgety, dizzy).
- Eyes (dilated, constricted or watery eyes, or involuntary eye movements).
- Face (flushed, sweating, confused or blank look).
- Speech (slurred, slow, distracted mid-thought, inability to verbalize thoughts).
- Emotions (argumentative, agitated, irritable, drowsy).
- Actions (yawning, twitching).
- Inactions (sleeping, unconscious, no reaction to questions).
When reasonable suspicion testing is warranted, both management and HR will meet with the employee to explain the observations and the requirement to undergo a drug and/or alcohol test within two hours. Refusal by an employee will be treated as a positive drug test result and will result in immediate termination of employment.
Under no circumstances will the employee be allowed to drive himself or herself to the testing facility. A member of management must transport the employee or arrange for a cab and arrange for the employee to be transported home.
Enforcement –
a. Searches and inspection – During any investigation on property owned or managed by Carter & Carter of the suspected or actual violation of this policy, Carter & Carter maintains the right to conduct searches and inspections of employees and employee’s property, including employee vehicles located on the property. Additionally, Carter & Carter maintains the right to conduct searches and inspections at any time of its own property and property managed by Carter & Carter, including Carter & Carter vehicles, desks, lockers, or other Carter & Carter property under the control of employees at any time.
b. Cooperation with Authorities – Any evidence obtained by Carter & Carter of unlawful possession, sale or transfer of drugs or controlled substances, or alcohol may be turned over to the Alabama Bureau of Investigation, or other law enforcement agencies for appropriate prosecutorial action.
c. Participation in Treatment Program – It remains Carter & Carter’s desire and intent to encourage any employee with a drug and/or alcohol dependency to seek professional assistance before the problem leads to an incident requiring disciplinary action. Where a violation of this policy has occurred, an employee’s request to submit to a drug and/or alcohol rehabilitation program shall not serve to waive the application of disciplinary action, up to and including termination of employment, deemed appropriate for the policy violation.
_Consequences_-
Applicants who refuse to cooperate in a drug test or who test positive will not be hired and will not be allowed to reapply/retest in the future.
Employees who refuse to cooperate in required tests or who use, possess, buy, sell, manufacture or dispense an illegal drug in violation of this policy will be terminated. If the employee refuses to be tested, yet the company believes he or she is impaired, under no circumstances will the employee be allowed to drive himself or herself home.
Employees who test positive, or otherwise violate this policy, will be subject to discipline, up to and including termination. Depending on the circumstances, the employee’s work history/record and any state law requirements, Carter & Carter Construction may offer an employee who violates this policy or tests positive the opportunity to return to work on a last-chance basis pursuant to mutually agreeable terms, which could include follow-up drug testing at times and frequencies determined by Carter & Carter Construction for a minimum of one year but not more than two years as well as a waiver of the right to contest any termination resulting from a subsequent positive test. If the employee either does not complete the rehabilitation program or tests positive after completing the rehabilitation program, the employee will be immediately discharged from employment.
Employees will be paid for time spent in alcohol or drug testing and then suspended pending the results of the drug or alcohol test. After the results of the test are received, a date and time will be scheduled to discuss the results of the test; this meeting will include a member of management and HR. Should the results prove to be negative, the employee will receive back pay for the times/days of suspension.
Confidentiality –
a. The results and the records of tests are considered confidential and shall not be discussed or shared with anyone who does not need to know.
b. Any employee who tests positive for the presence of drugs or alcohol has the right to request a confirmation retest. Should such a request be made by the employee, Carter & Carter will instruct the testing laboratory to conduct a confirmation retest for the same specimen. All retests will be conducted at the employee’s expense.
Testing –
All drug and alcohol tests will be conducted and evaluated in accordance with U.S. Department of Transportation standards as found in 49 CFR, Part 40 or otherwise reliable standards as defined in Ala. Code 25-4-78(3)(a)(i) and Ala. Admin. Code 480-4-3.16ER.
Policy Changes and Modifications –
This drug and alcohol testing policy is implemented in accordance with current state and/or federal law and is subject to modification, with or without notice, to reflect any changes which may occur in the law. Should any portion of this policy be found to conflict with current law, that portion should be considered severed from the policy leaving unaffected and in full force all other portions of this policy.
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