DRUG AND ALCOHOL AWARENESS AND EDUCATION

The goal of this policy is to provide and maintain a work environment free of drugs and alcohol for all employees, to help those employees who may have become involved with drugs or alcohol and to provide a safe workplace. Such an environment is supportive of our goals to make safety the number one objective at Jay Electric and to provide our customers with the highest quality service.

The use, presence in the body, distribution, or possession of illegal and/or controlled substance drugs by Jay Electric employees while working or while present on Jay Electric property or job sites is prohibited.

"Drugs or other controlled substances" mean any substance, including alcohol, capable of altering an individual's mood, perception, pain level or judgment. Alcohol refers to any alcoholic beverage that is alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted."

"Alcohol abuse" refers to any alcoholic beverage that is "alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted."

"Alcohol abuse" means the excessive use of alcohol in a manner that interferes, but not chronically, with (1) physical or psychological functioning; (2) social adaptation; (3) or occupational functioning.

Over-the-counter drugs and drugs prescribed by a physician for an employee's personal use in quantities not exceeding reasonable or specified dosage requirements are not subject to this policy.

However, employees using medication prescribed by a physician or using over-the-counter drugs are responsible for being aware of the drugs possible impact on judgment, or ability to perform their duties, and if impairment is possible, to report such use to their supervisors prior to reporting to work.

In order to monitor and insure compliance with this drug and alcohol policy by all employees, the company will maintain an employee drug screening program. All prospective employees will be subject to an initial drug screening prior to hiring. Thereafter, all employees should expect to be re-tested as outlined in this policy.

Each manager of a Jay Electric operating center will designate a doctor's office, health clinic or commercial health facility to be used for drug screening purposes by his employees. The designated agency will require an unadulterated urine specimen from each employee to be tested and will insure a "chain of custody" of the specimen, which means that the specimen is sealed and verified, and maintains its identity throughout the process.

Following is the plan of when testing will occur:

1. All prospective employees must pass the drug screening prior to starting to work.

2. Each employee involved in or causing an accident where a personal injury or damage to equipment occurs will be required to take a drug screening test.

3. Any employee returning from more than a 90-day layoff, leave of absence, or separation from Jay Electric will be required to take a drug screening test.

4. When the company believes that drug screening of an employee would be in the best interest of the overall safety and protection of all employees, such employee will be required to take a drug screening test. Conditions for this will include:

• a. If any employee's supervisor has reasonable cause to suspect that the employee is in violation of this policy; or

• b. If the employee's job performance is deficient in a manner which suggests a possible violation of this policy; or

• c. If an employee is selected for testing in order to monitor and ensure compliance by all employees with this policy.

All drug screening will be performed under the auspices of the testing agency, which will generally require that the individual be tested in the office of the agency. Jay Electric will arrange an appointment with the agency for the employee to be tested. The company will pay for the costs related to the drug screening, which includes the cost of the test and the employee's straight-time labor rate. In most instances the company will provide transportation to and from the testing agency.

Any prospective employee or current employee who tests positive for illegal drugs or controlled substances will immediately be unable to work at Jay Electric. The following must be done:

1. A prospective employee will not be eligible for hire.

2. If a current employee tests positive but he/she denies the use of an illegal drug, he/she may ask to be re-tested. If the second test is also positive, or the employee refuses to be re-tested, he/she is terminated from employment.

3. If a current employee tests positive and admits to alcohol abuse or the use of an illegal drug, he/she must immediately terminate his/her employment with Jay Electric or request a personal leave of absence as provided in the Jay Electric personnel policies. If approved for the leave of absence, the employee must develop, subject to approval of Jay Electric management, a plan for his/her drug rehabilitation, at his/her own expense, which could lead to his/her return to active employment with the company.

Steps to be taken by such employee require that he/she see a professional drug / alcohol counselor (who has been pre-approved by Jay Electric) and follow the counselor's recommended rehabilitation program. After the employee completes the rehabilitation program and receives a favorable recommendation from the counselor, he/she may request a return to work. If the company determines that the employee has satisfactorily completed the course prescribed by the counselor and the employee passes a current drug screen, the employee may be allowed to return to work on a probationary status and the personal leave will be terminated.

4. After an employee returns to work he/she will be tested on a regular basis. If such employee refuses to be tested, or if there is a re-occurrence of the drug abuse, then the employee will be terminated.

The following general points also apply:

1. An employee who refuses to submit to drug screening as provided for in this policy will be asked to leave immediately and may return the following day, at which time, if the employee again refuses testing, he/she will be terminated.

2. Any employee found to be selling or distributing illegal drugs, will be immediately terminated from employment, and shall not be allowed to enter into or visit any Jay Electric property or facility under any circumstance, at any time in the future.

While it seems that the employment status result of drug abuse by an employee is severe, we must remember that the use of illegal drugs is a crime and is a severe threat to the public safety. Adherence to this policy is in the best interest of all Jay Electric employees.