PROCEDURE

Procedure
Title:

Substance Abuse Program

CMS Number:

CMS-710-01-PR-03600

Procedure
Owner:

Corporate HSE

Issuing
Authority:

VP Global HSE

SUBSTANCE ABUSE PROGRAM

Issued for Use Revised 4.1.7 for Clarification (See Rev

Bars).

JPO

13 Oct 2010

Issued for Use Updated to correct titles due to re-org.,

Added reference to CMS-710-01-FM-03602 (See Rev
Bars). Changed all HSSE to HSE (No Rev Bars).

JPO

07 Jan 2010

Issued for Use

JPO

14 Nov 2008

Approved

Date

Rev

UNCONTROLLED COPY IF PRINTED

Changes

Page 1 of 8

"Chicago Bridge & Iron Company, 2009. All Rights Reserved. For Internal Use Only.
NOTICE: THIS DOCUMENT, AND ALL TEXT, DRAWINGS, DETAILS AND DATA SHOWN HERETO, IS THE SOLE PROPERTY OF
CHICAGO BRIDGE & IRON COMPANY, AND SHALL NOT BE REPRODUCED IN ANY MANNER, USED FOR ANY PURPOSE
WHATSOEVER, OR RELEASED TO ANYONE EXCEPT BY EXPRESS WRITTEN PERMISSION OF CHICAGO BRIDGE & IRON
COMPANY."

Substance Abuse Program

1.0

CMS Number:

Revision:

Approval Date:

CMS-710-01-PR-03600

13 Oct 2010

PURPOSE
The purpose of this Procedure is to establish the minimum requirements for the use of Substance
Abuse Program on CB&I projects and at office, warehouse, or shop locations.

2.0

SCOPE
This procedure applies to all CB&I employees, contractors, subcontractors and visitors associated with
a CB&I project, office, warehouse, or shop locations.

3.0

RESPONSIBILITIES
The following personnel have responsibilities defined in this procedure:

4.0

CB&I Managers
CB&I Supervisors
CB&I Employees
CB&I Contractors
CB&I Subcontractors
CB&I Visitors

PROCEDURE
Each project, shop, warehouse, or facility shall make every attempt to prevent the possibility of
incidents and injury to employees due to substance abuse in the work environment when performing
work activities through compliance with safety regulations, training of employees to properly perform
their job activities and through employee involvement in safe work behaviors.
4.1

General
4.1.1

Each project, shop, warehouse, or facility will use this procedure as a template to
create a location specific substance abuse procedure.

4.1.2

CB&I will strive to maintain a safe, healthful, and productive work environment for its
employees, and expects the workplace to be free from drug and alcohol abuse and
misuse.

4.1.3

The manufacture, distribution, dispensation, possession, promotion, sale or use of

illegal drugs, or the abuse or misuse of any legal drugs, or alcoholic beverage, on
company property, or while on company business, is prohibited and will subject the
employee to disciplinary action, up to and including, immediate termination of
employment.

4.1.4

Being under the influence of drugs and/or alcohol that could impair judgment,
performance, or behavior while on company property, or while on company business,
is prohibited and will subject the employee to disciplinary action, up to and including,
immediate termination of employment.

4.1.5

The Company will require drug and alcohol testing as a part of its screening process
during hiring. All offers of employment shall be contingent upon successfully
completing such testing. Should an individual test results be Medical Review Officer
(MRO) confirmed positive or otherwise fail to successfully complete the testing
process, any offer of employment is immediately rescinded.

4.1.6

The Company may require that employees be tested for drugs and alcohol when there
is reasonable suspicion (For Cause) of abuse or misuse, or when there is evidence of
a previous MRO confirmed positive test result at any prior time with the Company.

4.1.7

Random (periodic and unannounced) testing is required at all projects/locations,

except where specific governmental regulations, contractual agreements, or client
requirements prohibit random testing.

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Substance Abuse Program

CMS Number:

Revision:

Approval Date:

CMS-710-01-PR-03600

13 Oct 2010

4.1.8

4.2

The Company will require drug and alcohol testing as a part of each PostAccident/Post Incident investigation for those employees involved in Tier II or Tier III
Incident, as defined in CMS-710-05-PR-02200.

Program
4.2.1

This program applies to successful applicants for employment as well as current

employees.

4.2.2

Drug-free awareness programs for all employees have been established, and provides
supervisory training to assist in identifying and addressing drug and/or alcohol use by
employees.

4.2.3

By alliance, partnership, contractual agreement, or other method of joint work

operations this procedure applies to subcontractors and to vendors who perform labor
or services on the CB&Is premises.

4.2.4

Each such firm shall also possess its own drug and alcohol procedure (substance
abuse program) equal to or more stringent than CB&Is substance abuse program.

4.3

A minimum of 10% random sampled will be done with the exception noted
above.
Random testing shall be without notice and, should an individual test result
in a MRO confirmed positive or fail to successfully complete the testing
process, that employee will be subject to disciplinary action, up to and
including, immediate termination of employment.
CMS-710-01-FM-03602 may be used to assist the project/location in
generating a list of random employees.

Each said firm shall submit a letter of certification to CB&Is HSE Manger,
that all of their employees have been successfully met the requirements of
this procedure before being allowed to work on CB&Is work sites.
This letter shall be submitted before any work is performed on-site by that
firm and their employees and shall be renewed at least annually, or prior to
bring new employees one site.

4.2.5

CB&I will make arrangements so that the drug and alcohol testing, which is a part of
the hiring process, can occur regardless of the location.

4.2.6

Where possible, CB&I will regularly check the Department of Motor Vehicle (DMV)
records of employees, who are typically assigned a company-owned/leased vehicle, to
determine the employees continued eligibility to drive company-owned/leased
vehicles.
4.2.6.1

Driving a company vehicle, or rental vehicle on company business, while

intoxicated is strictly prohibited and will subject the employee to disciplinary
action, up to and including, immediate termination of employment.

4.2.6.2

The determination of intoxication shall be made based upon a testing

conducted in accordance with local laws and taken at the time of incident,
detention, or hospitalization.

4.2.6.3

The test may be performed by the Companys authorized clinic (collection

location), law enforcement, or a hospital I clinic where treatment is
occurring.

4.2.6.4

The test may consist of blood, hair, breathe (for alcohol-related incidents),
or urine specimens.

Potential Employee Disciplinary Action for MRO Confirmed Positive Results

4.3.1

The removal of the employee from the job for appropriate evaluation to determine
fitness for duty.

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Substance Abuse Program

CMS Number:

Revision:

Approval Date:

CMS-710-01-PR-03600

13 Oct 2010

4.4

4.3.2

The employee shall not be allowed to be unattended between notification of the need
to test and the providing of the specimen.

4.3.3

Prohibiting and/or forfeiting the use of a company-owned vehicle.

4.3.4

Provisions for immediate suspension pending further investigation in the event of an

incomplete test finding.

4.3.5

An abnormal sample, no test, other attempt to adulterate, or otherwise compromise,

the sample shall be viewed as being a violation of the Companys substance abuse
procedure, and will immediately subject the employee to disciplinary action, up to and
including, immediate termination of employment.

4.3.6

Offering a rehabilitation program to regular full-time employees where sufficient

evidence indicates a substance dependency problem. Such rehabilitation shall be at
the discretion of the Company, shall be conditional, and shall include an agreement, in
writing, containing the employees intention to complete an appropriate rehabilitation
program, periodic drug and/or alcohol testing following completion, and immediate
termination for failure to comply with the agreement, or upon receiving a MRO
confirmed positive test result on a subsequent drug and/or alcohol test.

Legal Drugs
4.4.1

4.5

4.6

For certain job descriptions and positions, an employees use of a legal drug can pose
a significant risk to the safety and well being of the employee or others:
4.4.1.1

The use of a legal drug, by an employee, while performing company

business, or while on the company controlled locations, is prohibited to the
extent such use may affect the safety of the employee, co-workers, or
members of the public, the employees job performance, or the safe and
efficient operation of the facility.

4.4.1.2

Employees shall comply with the instruction that they are to notify CB&I
management, and/or HSE, if they reasonably believe the use of a legal
drug may pose a safety and/or health risk.

Inspections
4.5.1

CB&I reserves the right to conduct reasonable inspections of individuals and their
personal property, vehicles, and effects, when entering, leaving, or while on CB&I
premises.

4.5.2

CB&I may initiate such inspections at any time.

4.5.3

CB&I controlled/owned/operated property and facilities can be inspected at any time

4.5.4

The purpose of all inspections is to determine, and deter, violations of company

procedure, and thereby continue to provide a safe and efficient environment for
business.

4.5.5

Employees may also be subject to inspections while assigned to work on a CB&I

clients property, and may be required to adhere to the clients substance abuse
policies and procedures while working for that client.

4.5.6

Employees are expected to cooperate in all inspections, whether conducted by CB&I, a

client, a subcontract company specifically specialized in such work, or law
enforcement.

4.5.7

Refusal to consent is a violation of the substance abuse procedure and will subject the
employee to disciplinary action, up to and including, immediate termination of
employment.

Testing
4.6.1

Prospective Employees

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Substance Abuse Program

CMS Number:

Revision:

Approval Date:

CMS-710-01-PR-03600

13 Oct 2010

4.6.2

4.6.1.1

CB&I will not employ individuals who use any illegal drug, in any amount
regardless of frequency, or are MRO confirmed positive for improperly
using legal drugs or alcohol. Accordingly, a drug and alcohol screening
test will be required as a condition of employment.

4.6.1.2

Each employment application, and any offer letter(s) extended, will reflect
that applicants must satisfactorily pass a drug and alcohol test procedure
after an offer of employment has been made and prior to beginning work.

4.6.1.3

Re-hired employees, who have been absent from a CB&I work site for
more than thirty (30) days, shall submit to new Drug and alcohol test prior
to beginning work again.

4.6.1.4

Prospective employees have a confirmed positive test will be informed that

they have not met the employment standards. This notification shall occur
in strictest confidentiality to protect the prospective employee.

4.6.1.5

A no test, or an abnormal sample, for an applicant may be re-tested at

the discretion of the CB&I Project HSE Manager following consultation with
the Director Human Resources and other management as appropriate.

4.6.1.6

Prospective employees who fail this drug and alcohol screening may not
re-apply with CB&I for employment for six (6) months following the date of
the MRO confirmed positive test result.

4.6.1.7

Each instance of such re-application must be approved by the Human

Resource Director and the Project HSE Manager after consultation with
other management.

4.6.1.8

Refusal to consent to be tested will subject the employee to disciplinary

action, up to and including, immediate termination of employment.

Employees
4.6.2.1

CB&I may require that employees be tested for drugs and/or alcohol where
there is reasonable suspicion of abuse, or misuse, when there is evidence
of a prior, MRO confirmed positive, test result or when an accident or
serious incident occurs in which they are involved.

4.6.2.2

Random drug and alcohol testing may also be required where workplace
conditions justify such testing, where required by governmental regulation,
contractual agreement, or client request.

4.6.2.3

CB&I has no obligation to re-hire any individual who has tested MRO
confirmed positive, or refused, or failed to successfully complete, a test.

4.6.2.4

Each instance of re-application must be approved by both the Companys

Director Human Resources, and Project HSE Manager after consultation
with other Company management.

4.6.2.5

Where testing occurs, the Company will require samples from employees,
and prospective employees, and the presentation of reliable identification to
the person collecting the samples is mandatory.

4.6.2.6

The designated sample/specimen collection will be performed by trained

company employees or company-selected, independent, professional
companies.

4.6.2.7

Testing of the sample shall be conducted using the rapid test kits Testing
system, or an appropriately certified laboratory.( Substance Abuse Mental
Health Service Administration (SAMHSA), National Institute on Drug Abuse
(NIDA) or U.S. Health and Human Services (HHS) ).

4.6.2.8

In all occurrences, ALL "MRO Confirmed Positive Tests" will be confirmed

by an independent laboratory.

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Substance Abuse Program

CMS Number:

Revision:

Approval Date:

CMS-710-01-PR-03600

13 Oct 2010

4.6.2.9

For current employees, a drug and alcohol testing may occur before,
during, or immediately after, the regular work period for employees at that
work site or facility

4.6.2.10

The Company will pay for all costs associated with company-requested
testing and will pay the employee for the time it takes to take the test if
other than a pre-employment test.

4.6.2.11

To assure privacy and appropriate chain of custody procedures, all

specimen / sample collection and testing will be performed in accordance
with the following conditions:

4.6.2.12

All sample/specimen collection, storage, and transportation to the

laboratory for analysis will be performed so as to reasonably preclude the
possibility of sample contamination or adulteration.

4.6.3

The collection of samples/specimens will be performed under

reasonable and sanitary conditions.
Samples/specimens will be collected and tested with due regard to the
privacy of the individual being tested, and in a manner reasonably
calculated to prevent substitutions, adulterations, or interference with
the collection or testing of reliable samples.
Sample/specimen collection shall be documented, and the
documentation procedures shall include:
Labeling of samples so as to reasonably preclude the possibility of
erroneous identification of test results.
An opportunity for the employee, or prospective employee, to
provide notification of any information that they consider relevant
to the test, including identification of currently, or recently, used
prescription or non-prescription drugs, or other relevant medical
information.

The samples / specimens temperature shall fall within a range of not

less than ninety degrees (90) F nor more than one hundred degrees
(100) F [32 38 C].
Samples/specimens shall be read immediately upon submission by
the employee to the Technician at the collection point.
Samples/specimens outside the acceptable temperature range will be
allowed to re-test only if said test occurs within thirty (30) minutes.
Otherwise, will view the results as a no test.

Confirmation levels of no greater than the following shall be allowed:

DRUG

IA* SCREEN

GC / MS**
CONFIRMATION

AMPHETAMINES
Methamphetamine

1,000 ng/ml

500 ng/ml
500 ng/ml

BARBITURATES

300 ng/ml

300 ng/ml

DRUG

IA* SCREEN

Phenobarbital
Seconal
BENZODIAZEPINES

GC / MS**
CONFIRMATION
300 ng/ml
300 ng/ml

300 ng/ml

300 ng/ml

Valium

300 ng/ml

Xanax

300 ng/ml

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Substance Abuse Program

CMS Number:

Revision:

Approval Date:

CMS-710-01-PR-03600

13 Oct 2010

CANNABINOIDS
Marijuana (THC)

50 ng/ml

15 ng/ml
15 ng/ml

BENZOYLECGONINE

300 ng/ml

150 ng/ml

Cocaine Metabolite
OPIATES

150 ng/ml
2000 ng/ml

Codeine

2,000 ng/mI

Morphine

2,000 ng/mI

PROPOXYPHENE

300 ng/ml

PCP

4.8

4.9

300 ng/ml
25 ng/mI

ALCOHOL
4.7

2000 ng/ml

.02 BAC

.08 BAC

Confidentiality
4.7.1

All information, interviews, reports, statements, memoranda, or test results received by

CB&I through this drug and alcohol testing program are strictly confidential business
communications and will only be used in a proceeding related to action taken or in
defense of any action brought against CB&I, and restricted only to those who have a
legitimate need to know, such as members of management participating in an
investigation or review. The Project HSE Manager shall be responsible for maintaining
the confidentiality of all MRO confirmed positive test results.

4.7.2

The Company is entitled to use a drug and alcohol test result as a basis for disciplinary
action, up to and including, immediate termination of employment.

Disciplinary Action
4.8.1

Violation of this procedure may result in disciplinary action, up to and including,

immediate termination of employment, even for a first offense.

4.8.2

Conviction of a criminal offense regarding illegal drugs may result in immediate

termination of employment as they relate to illegal activities occurring on the
Companys property.

4.8.3

Upon receipt of a MRO confirmed positive drug and/or alcohol test result, which
indicates a violation of this procedure, or upon the refusal of an employee to provide a
sample, the Company may use that test result, or refusal, as the basis for disciplinary
or rehabilitative actions, which may include the following:
4.8.3.1

A requirement that the employee enroll in a company-approved

rehabilitation, treatment, or counseling program, which may include
additional drug or alcohol testing, as a condition of continued employment.

4.8.3.2

Suspension of the employee with, or without, pay for a period of time.

4.8.3.3

Termination of employment.

4.8.3.4

Other disciplinary measures deemed appropriate.

Employee Assistance Program (EAP)

4.9.1

CB&I may assist regular, full-time, direct, employees (who request help) with drug,
alcohol, or other substance abuse problems. If an employee has such a problem, and
voluntarily seeks help prior to testing to overcome it, assistance may be available to
the employee. Employees notified of testing (random, for cause, post-incident, or
otherwise) may not elect to participate in the EAP until after the results of their testing
has been received.

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Substance Abuse Program

CMS Number:

Revision:

Approval Date:

CMS-710-01-PR-03600

13 Oct 2010

4.9.2

4.10

An employees decision to seek assistance will not, in itself, be used as a basis for any
disciplinary action, nor will it be a defense to, or a mitigating factor in the imposition of,
appropriate disciplinary action, including immediate termination where facts indicating
a violation of this procedure are obtained independent of the employees request for
assistance.

Miscellaneous
4.10.1 Written procedures for testing shall be distributed to employees and made available for
review by prospective employees.
4.10.2 Subcontractors, suppliers, alliance companies and vendors will be required to inform
each of their employees of the provisions of this procedure and of the applicability of
their respective companys substance abuse procedures.

5.0

6.0

REFERENCES
CMS-720-01-FM-00020

Business Glossary

CMS-720-01-FM-00021

Technical Glossary

CMS-710-05-PR-02200

Incident Notification

TERMINOLOGY
None

7.0

EXHIBITS
Exhibit 7.1

CMS-710-01-FM-03601 Alcohol and Substance Abuse Screening Agreement

Exhibit 7.2

CMS-710-01-FM-03602 Random Employee Generator

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