Fox Studio Lot, LLC Transportation Department

10201 West Pico Blvd., Los Angeles, CA 90035

TRANSPORTATION POLICIES & PROCEDURES

The Company retains the sole right to change, amend, or modify any term or provision of the

Transportation Policies & Procedures without notice. This Policy is effective 10/04/2019 and supersedes all prior versions relating to the subject matter herein.

Welcome!

Welcome to Fox Studio Lot LLC (also referred to as “Fox”, “Studio”, or the “Company” throughout this document). The following policies and procedures are intended to help you best understand your responsibilities and the expectations set forth by The Company. We are committed to your safety and the safety of others. Failure to comply with all policies, procedures, and applicable laws, may result in disciplinary action up to and including discharge. If you need clarification, please ask in advance, we are happy to provide guidance. Throughout this document, we have referenced components of the Federal Motor Carrier Safety Regulations (FMCSRs), as outlined by the Federal Motor Carrier Safety Administration (FMCSA) Title 49 Code of Federal Regulations (CFR), Parts 300-399 and Part 40. You will recognize a reference to the Regulations by the symbol “§” followed by a number sequence. If you want to read more about a particular regulation, a full description can be found at https://www.ecfr.gov/ and https://www.transportation.gov/odapc/part40. For drivers in New York, please note that references within this document regarding “Coordinators” will mean Captain as they apply to you and references to “Captains” will mean Co-Captain as they apply to you, as those supervisory roles are named as such according to your teamster union. In addition to others, you will find the following acronyms used throughout this document: Commercial Motor Vehicle (CMV); Commercial Driver License (CDL); Driver License (DL).

Fox Transportation Contacts If you have any concerns or need assistance in Transportation related matters, please feel free to contact a Transportation department staff member. We are open from 5am to 6:30pm PT, subject to change.

Mike Antunez – Director of Transportation: (310) 369-4551 Yopie Hengst – Auto Mechanic Gang Boss: (310) 369-1244 Transportation Dispatch: (310) 369-2533

Morning: Jeffrey Miller Evening: Steve Martinez Diana Llanos – ELD Specialist : (310) 369-5158

Raychel Stuart – DOT Specialist: (310) 369-5793

DRIVER COMPLIANCE All drivers working for the Company must have a complete driver qualification file on or before their first day of employment and comply with all Federal, State, and Local DOT regulations. Please see the DOT Compliance Procedures section for further detail. If your license is revoked, suspended, or canceled by a State or jurisdiction for any period of time while working for the Company, you must immediately inform your Supervisor of the change in your driving status.

PROFESSIONALISM: FOX HR POLICIES All employees are responsible for reading and complying with the policies distributed by Fox whether you received them from a Corporate, Television, or Feature department or other means. Please remember to treat each other with respect, tolerance, and in a professional manner at all times. Harassment, discrimination, and retaliation are strictly forbidden. If you are having an issue, observe a situation, or feel you have been a victim of this type of behavior, please contact your HR representative.

WORK CALLS Drivers are required to call a Transportation Supervisor 45 minutes prior to their designated call time if they are unable to report to work or will be tardy. An employee who reports for work one-tenth of an hour or more after their call time, will be deemed tardy. The following discipline will be administered for unexcused tardiness:

I. First offense: 1 day suspension II. Second offense: 3 day suspension III. Third offense: 5 day suspension IV. Fourth offense: discharge

Note: When practical, suspension shall start on the day the employee was tardy or on the employee’s next scheduled work day as determined by the employer.

COMPANY VEHICLES -this includes vehicles owned, rented, leased, or loaned to company. These vehicles are assigned for, and shall only be used for, official company business. Vehicles shall not be operated after the end of an employee’s shift or on days off (i.e. weekends, holidays, etc.). Drivers may not drive Company vehicles to and from their residence.

OPERATION PROCEDURES • Studio vehicles must never be operated until you are officially “on the clock”. • If operating a vehicle which has a liftgate, the platform must be kept in a stowed

position (vertical for cantilever gates/ folded and raised for tuckaway gates) before traveling any distance. Driving vehicles with liftgate platforms in the horizontal position causes extreme stress on hydraulic lift cylinders and mounting structures and can result in serious and costly damage.

• No person driving a pickup truck or flatbed motortruck on a highway shall transport any person in or on the back of the truck.

AUTOMOTIVE TESTING PROCEDURES • Before starting the engine, set the parking brake and place gear selector in

neutral on standard transmission or park on automatic transmission. • The carbon monoxide in exhaust gas is highly toxic. To avoid asphyxiation,

always operate vehicles in a well-ventilated area. • When operating any test instrument from an auxiliary battery, connect a jumper

wire between the negative terminal of the auxiliary battery & ground on the vehicle under test.

• When working in a garage or other enclosed area, auxiliary battery should be located at least 18” above the floor to minimize the possibility of igniting gasoline vapors.

• An automotive battery is capable of producing very high currents. Therefore, exercise reasonable care when working near the battery to avoid electrical connections through tools, wristwatch, jewelry, etc.

• Avoid contact with battery electrolyte. It can eat holes in clothing, burn skin and cause permanent damage to eyes. Splash proof safety goggles shall be worn when working around the battery. If electrolyte is splashed in the eyes or on skin, immediately flush the affected area for 15 minutes with large quantities of clean water. In the case of eye contact, seek immediate medical aid.

• The gases generated by a charging battery are highly explosive. Do not smoke or permit flame or spark to occur near a battery at any time.

• Any room or compartment containing charging batteries should be well ventilated to prevent accumulation of explosive gases.

• To avoid sparks, do not disturb the battery charger connections while a battery is charging and always turn the charger off before disconnecting the battery clips.

• When removing or reconnecting battery cables, make sure the ignition switch and all accessories are turned off.

• Never add acid to a battery once the battery has been placed in service. Doing so may result in dangerous spattering of electrolyte.

• Keep hands, hair, loose clothing and test leads well away from the fan blade, fan belt, power steering belt, air conditioner belt, and other moving engine parts.

• Do not touch hot exhaust manifold, radiator or high voltage spark plug. • Never remove the radiator cap while the engine is hot. Hot coolant escaping

under pressure can cause serious burns. • Never look directly into carburetor throat while engine is cranking or running. A

sudden backfire can cause serious burns. • To avoid the possibility of a flash fire, do not smoke or permit flame or spark to

occur near carburetor, fuel line, fuel filter, fuel pump or other potential sources of spilled gasoline or gasoline vapors.

• All chemicals shall be labeled. • All machines, power equipment, and power tools that expose operators to a

grinding, shearing, punching, pressing, squeezing, cutting, rotating part, flying chips, particles or any other similar hazard shall be protected by a guard.

• All flammables shall be stored in approved containers. • All machines, power equipment, portable powered tools, and hand tools shall

be maintained in a safe condition. • Use cylinders, particularly those containing liquefied gases and acetylene, in an

upright position and secure them against accidentally being knocked over. • Move gas cylinders by slightly tilting them, then rolling them on the bottom edge.

Take care not to let them drop or strike other cylinders or objects. • If gas cylinders are close to welding or cutting operations, place a fire-resistant

shield between the cylinders and these operations. • All combustible waste materials and residues shall be kept in covered metal

containers and disposed of daily. • Driver shall not over-inflate tires. Inflate only to manufacturer’s recommendations. • Employees shall be forklift certified prior to operating any forklift.

• Driver shall survey area behind vehicle prior to backing up. • Driver shall obey all speed limits on the Studio lot, public streets, & highways. • Prior to towing operation, make sure load is secure and properly hitched.

FUELING OF PERSONAL VEHICLES Fueling of personal vehicles with Company fuel trucks or accounts is strictly prohibited.

NO SMOKING POLICY It is the policy of Fox Studio Lot LLC to comply with all applicable smoking laws:

• Smoking shall mean the carrying or holding of a lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment (such as an electronic cigarette or similar device). • Smoking also includes the lighting, emitting, or exhaling of the smoke of a pipe, cigar, or cigarette of any kind. • Smoking is not permitted in any Company carpool or vanpool vehicle, or in any vehicle owned, rented, leased or operated by the Company.

NO SPEEDING Please make sure you are following the posted speed limit as prescribed by the jurisdictions in which you are operating the vehicle.

CARB REGULATIONS (Applies to vehicles operating in California ONLY) California diesel emission regulations affecting heavy-duty vehicles

In accordance with the California Truck and Bus Regulation, all heavier vehicles operating within the state of California,

must meet certain diesel emission requirements. As a fleet operator it is our obligation to verify that any vendor from which we rent (GVWR greater than 14,000 pounds) diesel powered on-road trucks operating in the state of California is in compliance with the regulation and has reported compliance to the California Air Resources Board (CARB). This includes the lease of the vehicle itself or services that utilize such vehicles (cranes, water trucks, charter buses, etc.). A non-compliant vehicle may not be legally operated in California and is subject to penalties beginning at a minimum of $1,000 per violation per month and will increase significantly over time. Use this link to look up a company by name or carrier number. http://www.arb.ca.gov/msprog/onrdiesel/tblookup.php

DOT COMPLIANCE PROCEDURES

If you have any questions or concerns regarding DOT Compliance Procedures, please talk to the Fox Transportation Compliance Department or your Transportation Coordinator, Captain, or DOT Compliance Administrator. Failure to comply with the below mentioned rules and regulations will result in disciplinary action which may include your discharge. VEHICLE MARKINGS (§390.21) Marking of self-propelled CMVs: Vehicles with a rental agreement in excess of 30 days must be marked as follows on the first day of rental:

Operated by Fox Studio Lot LLC Corp USDOT 3199163 Please contact your Supervisor or Fox Transportation to obtain DOT stickers (aka placards). A copy of the rental agreement must be kept in the vehicle at all times. Placard Size: Please make sure the placards are large enough (2” high by 1” wide letters are usually sufficient) and visibly meet the following parameters:

(c) Size, shape, location, and color of marking. The marking must— (1) Appear on both sides of the self-propelled CMV; (2) Be in letters that contrast sharply in color with the background on

which the letters are placed; (3) Be readily legible, during daylight hours, from a distance of 50 feet

(15.24 meters) while the CMV is stationary; and (4) Be kept and maintained in a manner that retains the legibility

required by paragraph (c) (3) of this section.

Remember to REMOVE the Fox placards/stickers, WHEN you return vehicle to the vendor.

INSPECTION OF CARGO, CARGO SECUREMENT (§392.9) A driver may not operate a CMV unless it has been properly inspected & the cargo properly distributed and adequately secured as specified in §§393.100 through 393.136. The CMV’s tailgate, tailboard, doors, tarpaulins, spare tire and other equipment used in its operation, and the means of fastening the CMV’s cargo must be properly secured. The CMV’s cargo and any other object must not obscure the driver’s view ahead or to the right and left sides (except for drivers of self-steer dollies), interfere with the free movement of his/her arms or legs, prevent his/her free and ready access to accessories required for emergencies, or prevent the free and ready exit of any person from the

CMV’s cab or the driver’s compartment. Additionally, drivers of trucks and truck tractors must inspect the cargo and devices used to secure the cargo within the first 50 miles after beginning a trip and cause any adjustment to be made to the cargo or load securement devices as necessary, including adding more securement devices, to ensure that cargo cannot shift on or within, or fall from, the CMV. Reexamination and any necessary adjustments must be made whenever –

• The driver makes a change of his/her duty status; or • The CMV has been driven for 3 hours; or • The CMV has been driven for 150 miles, whichever occurs first.

These rules do not apply to the driver of a sealed CMV who has been ordered not to open it or the driver of a CMV that has been loaded in a manner that makes inspection of its cargo impracticable.

PERMITS (FUEL, TRIP, OVER-WEIGHT, OVER-LENGTH) Make sure you have acquired all necessary permits for the load you are transporting and the route you are traveling. Most permits must be obtained in advance with only a limited number of States issuing fuel or trip permits at the port of entry. Make sure you have reviewed the route with your Supervisor to ensure you have all permits on hand.

Compliance,

Safety, and

Accountability

You drive safety home.

CSA is the FMCSA’s data-driven safety compliance and enforcement program designed to improve safety and prevent CMV crashes, injuries, and fatalities. CSA consists of three core components; the Safety Measurement System (SMS); interventions; and a Safety Fitness Determination (SFD) rating system to determine the safety fitness of motor carriers. CSA holds drivers accountable for safe on-road performance. GET ROAD SMART To learn more about CSA, visit http://csa.fmcsa.dot.gov CSA is used to rate motor carriers and drivers in seven different areas known as BASICS – Behavior Analysis and Safety Improvement Categories.

Here are the seven BASICS of safety: 1. UNSAFE DRIVING (§392 and §397) Follow traffic safety laws to help make the Nation’s highways safer for everyone. The Unsafe Driving BASIC prioritizes interventions for repeated unsafe behaviors, including:

• Texting • Speeding • Using a hand-held cell phone • Reckless driving • Improper lane change • Inattention

NOTE: Violations recorded on a roadside inspection report are used in the SMS, regardless of whether a State officer also issues a citation (i.e. ticket) or a verbal warning. If a driver or carrier receives violations on a roadside inspection report which they determine to be inaccurate, they can request a review of the data through DataQs (http://dataqs.fmcsa.dot.gov). The SMS does not use State-issued citations unless they are used in conjunction with a roadside inspection report. DISTRACTED OR UNSAFE DRIVING VIOLATIONS Distracted or unsafe driving violations are amongst the highest violation types a driver can receive as those behaviors result in a higher likelihood that the driver will cause an accident. Examples of distracted driving include talking or typing into a hand-held mobile device while driving, not wearing a seatbelt, eating, applying make-up, etc. No Distracted Driving! PROHIBITION AGAINST HAND-HELD CELL PHONES (§392.82) AND TEXTING (§392.80) + State Laws:

In accordance with the rule established by the Federal Motor Carrier Safety Administration (FMCSA) and in conjunction with Studio policy, all drivers are prohibited from using hand-held cell phones while driving. Driving is defined as operating, with the motor running, including while temporarily stationary due to traffic conditions, a traffic control device, or other momentary delays. Driving does not include operating a vehicle with or without the motor running when the driver has moved the vehicle to the side of, or off, a roadway and halted in a location where the vehicle can safely remain stationary. This means you are not able to hold, dial, or reach for a hand-held cell phone, including those with push-to-talk capability. Hands-free phone use is allowed, as is the use of CB radios and two-way radios. Specifically the rule prohibits drivers from:

• Using at least one hand to hold a mobile phone to conduct voice communication;

• Dialing or answering a mobile phone by pressing more than a single button, and

• Reaching for a mobile phone in a manner that requires the driver to maneuver so that he or she is no longer in a seated, belted, driving position.

Drivers are able to use cell phones after moving the vehicle to the side of, or off, the roadway and stopping in a safe location or in the event of an emergency, only to contact a law enforcement officer or emergency response personnel. No driver shall engage in texting while driving. Handheld or other wireless electronic devices are considered “additional equipment and accessories”. “Texting” is the review of, or preparation and transmission of, typed messages through any such device or the engagement in any form of electronic data retrieval or electronic communication through any such device. This includes but is not limited to a text message, instant message, or electronic mail (email).

No Call, No Text, No Ticket! In accordance with §391.15(e) and (f), multiple violations for either texting or using a hand-held mobile telephone while driving can result in a driver disqualification by the FMCSA. As these are considered serious traffic violations, States can also choose to downgrade a driver’s CDL or revoke driving privileges based on their own State laws. Drivers who are determined to be a safety risk will not be eligible for employment.

SAFETY RESTRAINTS/SEAT BELTS (§392.16 + State Laws) Safety restraints (seat belts) are a proven tool for reducing deaths and minimizing injuries from motor vehicle collisions. Consequently, all drivers and passengers are required to wear safety restraints while operating or riding in Fox owned, rented, or leased vehicles or any motor vehicle while on Fox Studio business. The driver of the vehicle is responsible for enforcing seatbelt use by all occupants. Vehicle maintenance must ensure that all safety restraints are maintained in good operating condition. Under no circumstances should any worker disable or interfere with the operation of the restraints. 2. CRASH INDICATOR (not public) Understand crash patterns to help identify and address safety problems. State-reported crashes from the last two years are collected in this BASIC to help identify patterns of high crash involvement and the behavior or set of behaviors that contributed to the crash. All crashes involving commercial motor vehicles, as defined in 49 CFR 390.5, are reportable if they result in a fatality or injury, or require a vehicle to be transported from the crash scene, regardless of the carrier’s or driver’s role in the crash.

ACCIDENTS If you are involved in an accident, no matter how insignificant, you must report it to your respective Transportation department immediately!

Each driver must complete and submit an accident

report should an accident or incident occur, regardless of how minor. This includes an accident involving another vehicle or resulting in damage to a

person or property. The Fox Transportation Department must be notified if any driver is involved in an accident. The Accident Report form must be completed by the driver by the end of their shift or within 24 hours of the accident (whichever occurs first) and submitted to the Transportation office. If the accident occurs after business hours or during the weekend, you must call and leave a voicemail message at 310-369-2533. Any photos taken at the scene of the accident should be included in the report and any witness information noted. It is imperative that all reports have complete information (full description, names, drivers’ license numbers, insurance policy numbers, witnesses, etc.) as any litigation arising from an accident will typically occur long after the production has ended. If the report is incomplete, it will be returned to you for immediate correction. Steps to take once an accident occurs:

1. Determine if anyone is injured. Should anyone need medical assistance, call 911 for paramedics. If no one is injured, follow step 2.

2. At the scene of the accident, you must obtain from all involved drivers, passengers and witnesses, all of the following information.

a. Full name and driver’s license number. b. Current address. c. Home, mobile and work numbers. d. Year, make, model and license number of vehicle. e. Name of insurance company and policy number.

3. Never admit guilt or apologize.

If the other party does not cooperate, get their vehicle license number immediately and call your Transportation supervisor. Do not get involved in a confrontation with the other party. You may calmly explain to the other party that it is a violation of the Vehicle Code (in CA) for them to refuse to exchange needed information. Do not discuss the accident with anyone other than Fox personnel, unless required by a law enforcement officer. You are responsible for completing and turning in an accident report to your Transportation Supervisor within 24 hours of the occurrence. For the report, you will need, at least, the following information:

1. Time and location of accident. 2. Vehicle: unit number, year, make, model, GVWR, VIN and license plate number. 3. A diagram of the accident and explanation. 4. Your estimate of damage to vehicles involved. 5. Special notation of fatality, injury, or a vehicle being towed. 6. Notation of any police report or citation/violation received (provide copies).

DOT RECORDABLE ACCIDENTS

On January 19, 2018 the FMCSA granted the Motion Picture Association of America (MPAA), an exemption from the use of Electronic Logging Devices, As part of the terms and conditions of the FMCSA’s granted exemption, the Company is required to report all DOT Recordable accidents to the FMCSA within 5 days of the incident. A DOT Recordable Accident is defined using specific criteria outlined in the Regulations. It includes an accident involving a commercial motor vehicle as described below: A Commercial Motor Vehicle (§390.5) means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle-

1. Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or

2. Is designed or used to transport more than 8 passengers (including the driver) for compensation; or

3. Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

4. Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed…NOTE we are not a hazmat licensed carrier, you cannot transport these quantities of hazardous materials while on Fox payroll.

An Accident (§390.5) means:

1. Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in:

i. A Fatality; ii. Bodily injury to a person who, as a result of the injury, immediately receives

medical treatment away from the scene of the accident; or iii. One or more motor vehicles incurring disabling damage as a result of the

accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.

2. The term accident does not include: i. Occurrence involving only boarding and alighting from a stationary motor

vehicle; or ii. An occurrence involving only the loading and unloading of cargo.

POST-ACCIDENT TESTING REQUIREMENTS If a driver operating regulated equipment (26,001 GVWR/GCWR or more, 16+ passenger vehicles) is involved in an accident, when one of the following occurs as a result of the accident, then the driver must be taken in for post-accident drug & alcohol testing. This is extremely time sensitive and must be handled properly.

i. A Human Fatality. ii. Bodily injury (treatment away from the scene) AND a citation was

issued within 8 hours. iii. Disabling damage to any of the involved vehicles requiring towing

AND a citation was issued within 8 hours.

REMINDER! If you are involved in an accident as described above, contact your Transportation Supervisor immediately. ADDITIONAL STATE SPECIFIC FORMS State and local jurisdictions may require additional accident reporting and recording depending on the state in which the accident occurs. Please call Fox Transportation to determine if any additional reporting is required for the specific state the accident occurred in. We can also provide information on how to obtain police reports. CALIFORNIA FORM SR-1 REQUIREMENTS California law requires traffic accidents on a California street/highway or private property to be reported to the DMV within 10 days if there was an injury, death or property damage in excess of $1,000. Untimely reporting could result in DMV suspending a driver license. The law requires the driver to file the SR1 from with DMV regardless of fault. You (the driver) must complete the SR1 form and submit it to the DMV along with a copy of the production accident report and the production’s certificate of insurance. Production will not do this for you. Failure to complete and submit the form to the DMV could result in your license becoming suspended, so do not delay. https://www.dmv.ca.gov/web/eng_pdf/sr1.pdf DISCIPLINARY ACTION Drivers involved in chargeable accidents are subject to discipline. Chargeable accidents include all accidents except those in which the driver is not at fault. The appropriate discipline depends on all the circumstances, including, but not limited to, the severity of the accident, the degree of fault of the driver, the driver’s prior driving record and the driver’s overall disciplinary record. Suspension or discharge may be appropriate for any chargeable accident depending upon all of the circumstances. In determining the appropriate discipline, those chargeable accidents which occurred within the preceding three (3) year period may be considered. The following is a breakdown of standard disciplinary action when a driver is involved in a chargeable accident within a THREE (3) period:

I. First Accident: verbal warning II. Second Accident: Reprimand Letter III. Three Accident: Subject to Discharge

Failure to fill out, prior to the end of the employee’s shift or in compliance with Company policy, all necessary accident reports, complete required additional paperwork1, and to promptly file them with the appropriate department, or knowingly submitting false or inaccurate information, are grounds for immediate discharge for cause.

The company reserves the right to deviate from the above disciplinary action depending on the severity and circumstances surrounding the accident, as well as the employees overall record.

3. HOURS-OF-SERVICE (HOS) COMPLIANCE (§392 and §395) Be sure you know the HOS regulations when it’s time for a break. Don’t drive fatigued! The HOS regulations make roads safer by requiring rest for all large truck and bus drivers to ensure that they are alert, awake, and able to respond quickly. For the latest information and resources on HOS, visit FMCSA’s Website at https://www.fmcsa.dot.gov/regulations/hours-of-service.

ILL OR FATIGUED OPERATOR (§392.3) No driver shall operate a CMV while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or another cause, as to make it unsafe for him/her to begin or continue to operate the CMV. PREVENTION OF FATIGUED DRIVING The prevention of fatigue related accidents or incidents is critical to ensuring an overall atmosphere of safety. The hours of service limitations were put in place, in part, to prevent drivers from becoming fatigued. If you are experiencing signs of fatigue (such as decreased alertness and attention, reduced performance and motivation, irritability, impaired judgement, or drowsiness), then you should alert your supervisor immediately. Operating a vehicle while in a state of fatigue compromises the safety of the driver and the general public and is strictly prohibited. LOG EXAMPLES PACKET Please review the Log Examples packet provided to you. This packet provides a detailed explanation of the rule sets used as well as how to properly fill out a log during common scenarios motion picture production drivers encounter. It is your responsibility to know and comply with all material found within the packet.

1 Additional paperwork may include submitting photos, obtaining police reports, filing

an SR1 form or other State required form when applicable.

7-DAY RECAP (STATEMENT OF ON-DUTY HOURS) Upon being hired and whenever there has been a lapse in employment, all drivers operating a CMV are required to complete a 7-day recap before they can begin driving for Fox or any of its affiliated payroll companies. The 7-day recap must be a true and accurate account of the on-duty hours worked during the previous 7 days and should also include the last shift information if the shift occurred within the previous 24 hours. If you find that you are out of available on-duty hours, you must notify your Coordinator or Captain immediately as you are not eligible for employment. You must also notify your Coordinator or Captain if you are unable to get the required turnaround prior to the start of your shift. It is the driver’s responsibility to keep track of their available hours. Falsification of the 7-day recap may lead to your immediate discharge. DRIVER’S DAILY LOG The Studio requires all drivers to complete a driver’s daily log, including drivers who operate non-commercial equipment. Per the FMCSRs, every driver who is assigned to a Commercial Motor Vehicle (CMV) as defined in 49 C.F.R. Part §390.5, is required, in real time, to record his/her duty status, in duplicate, for each 24-hour period. This includes all vehicles with a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of 10,001 pounds or more OR a vehicle designed to transport 16 or more passengers including the driver (ex. Bus or People Mover). There is no magic formula for completing your log, it should be an accurate reflection of how you spent your day according to how you’ve listed your duty status.

What’s a duty status change? The driver log duty statuses include: off-duty, sleeper-berth, driving, and on-duty (not driving). A duty status change is a change from one driver log status to another. If a driver is going from off-duty to on-duty not driving, that represents a duty status change and must be updated on the current day’s log. If a driver changes from on-duty (not driving) to driving, that is another duty status change. The driver log must be updated throughout the day to include the most recent duty status change that occurred.

On January 19, 2018 the FMCSA granted an exemption from the requirement to use an Electronic Logging Device (ELD) to record a driver’s hours of service. As part of the terms and conditions of the exemption, original logs must be submitted to the Transportation Dept. within 24 hours of the drivers work shift. Photocopies of the logs cannot be accepted. All drivers operating under the exemption must also carry a copy of the exemption with them at all times to provide to enforcement officials upon request. RULE SETS (DAILY AND WEEKLY HOS LIMITS)

The rule sets establish the daily and weekly limits a driver is operating under and are determined by the destination of the load being transported. It is crucial that you understand which rule set you are operating under during your work assignment. If you ever have a question about the HOS rules, please ask! If you assume incorrectly, it could result in an Hours of Service violation during a roadside inspection or a citation issued to you which reflects on both the motor carrier’s and driver’s safety record.

Drivers of Busses/People Movers must always operate under 15/10/8

INTERSTATE DRIVING All interstate drivers must be 21 years or older. The driver should have all required permits for the trip and adhere to all interstate driving requirements. MANDATORY ½ HOUR REST BREAK (§395.3 (3)(ii)) While driving interstate and/or operating under the 14/11/10 rule set, there is an additional rest break requirement which applies. ALL drivers must COMPLETE a minimum of one-half hour of off-duty time BEFORE the 8th hour since they last came on-duty. If you wait until the 8th hour to start your rest break, then you are already in violation! In other words, do not go more than 7 ½ hours before starting a minimum ½ hour rest break. You should take rest breaks as often as is necessary to prevent you from becoming fatigued. If you choose to take a rest break early in your shift/trip, then you may be required to take a second rest break as the 8 hour window starts again once you come back on-duty.

HOS VIOLATIONS Drivers or motor carriers who violate the HOS rules face serious penalties:

• Drivers whose log is not current to the last change of duty status will be placed out-of-service.

• Drivers may be placed out‐of‐service (shut down) at roadside until the driver has accumulated enough off‐duty time to be back in compliance;

• State and local enforcement officials may assess fines; • FMCSA may levy civil penalties on the driver and/or carrier, ranging from $1,000 to

$11,000 per violation depending on severity; • The carrier's safety rating can be downgraded for a pattern of violations;

and • Federal criminal penalties can be brought against carriers who knowingly and

willfully allow or require HOS violations, or drivers who knowingly and willfully violate the HOS regulations.

Simply put, you should make every effort to avoid a critical Hours-Of-Service violation. These rules are put in place to ensure safety and reduce driver fatigue. Below are examples of critical HOS violations.

• Missing Log: Failure to submit a log within 13 days. • 7-Day Recap: Failure to submit a 7-day Recap prior to the start of your shift. • On-Duty Violations:

o 70/80 Hour Rule Violation. Driving after being on-duty for a total of 70 hours in 8 consecutive days.

• Driving Violations: o 15/12/8 California Motion Picture Exemption Rule Violations:

15-Hour Violation. After 8 consecutive hours off-duty, a driver must not drive after the 15th cumulative hour of on-duty time.

12-Hour Violation. After 8 consecutive hours off-duty, a driver may not drive more than 12 hours.

o 16/12/10 California Intrastate Rule Violations: 16-Hour Violation. After 10 consecutive hours off-duty, a driver

must not drive after the 16th consecutive hour (from the time they first come on-duty).

12-Hour Violation. After 10 consecutive hours off-duty, a driver may not drive more than 12 hours.

o 15/10/8 Motion Picture Exemption (outside CA) Rule Violations: 15-Hour Violation. After 8 consecutive hours off-duty, a driver must

not drive after the 15th cumulative hour of on-duty time. 10-Hour Violation. After 8 consecutive hours off-duty, a driver

may not drive more than 10 hours. o 14/11/10 Interstate Rule Violations:

14-Hour Violation. After 10 consecutive hours off-duty, a driver must not drive after the 14th consecutive hour (from the time they first come on-duty).

11-Hour Violation. After 10 consecutive hours off-duty, a driver may not drive more than 11 hours.

All drivers who incur HOS violations are subject to disciplinary action up to and including discharge for cause. The severity of the violation and the driver’s history will be taken into consideration when assessing discipline.

LOG FALSIFICATION You, the driver, are the only person allowed to create, correct, or in any way alter your driver log. Anyone other than yourself making changes to a log is considered falsification and is strictly prohibited. You must accurately reflect your day on your driver log as it occurred in real time. Violation of this policy may lead to your immediate dismissal. §395.8 (e) of the Federal Motor Carrier Safety Regulations states; "Failure to complete the record of duty activities of this section or Section §395.15, failure to preserve a record of such duty status activities, or making of false reports in connection with such duty activities shall make the driver and/or the carrier liable to prosecution." FORM & MANNER ERRORS Form & Manner errors are completely avoidable and a direct result of carelessness on the driver’s part. It is your responsibility to ensure that when you turn in your log it is free of form & manner errors. Following is a list of possible errors:

• Driver ID (last 5 of SSN) missing/incorrect • Driver/Co-Driver name missing • Driver/Co-Driver signature missing • Log date missing/incorrect • Vehicle number missing • Production title missing/incorrect

• Motor carrier’s name and address missing or incorrect studio checked • Grid incomplete • Speed limit exceeded, miles driven not indicated, driving time not shown in grid • Location changed without driving time indicated or method of transportation in

remarks • Duty-change remarks:

o City abbreviated or missing o State missing

• Pre-Trip and/or Post-Trip inspection remarks missing • Pre-Trip and/or Post –Trip inspection performed while driving • Rule set not checked • Multiple rule sets checked • Off-Duty totals missing/incorrect • Driving totals missing/incorrect • On-Duty totals missing/incorrect • Total daily hours missing/incorrect • Multiple logs for same day

As a professional driver, you are expected to complete all driver logs accurately, legibly, and in a timely manner. All logs should be submitted within 24 hours of the completion of your daily work shift. If it becomes necessary to return a log to you for correction, you will comply immediately and have the corrected log returned to your Transportation Coordinator or DOT Administrator the next working day. All corrections to the log must be made by the driver only. LOG RECAP In an effort to reduce HOS violations, all drivers who complete a paper log are required to complete the Available Hours recap found on the right hand side of the driver’s daily log. Please note: For drivers operating in California exclusively, although the log pages are pre-printed with 70 hours, California drivers should subtract from 80 hours. All other drivers should subtract their Total Hrs. from 70 hours in order to determine the available on-duty hours for today. You must notify a supervisor a minimum of ½ hour before going into an HOS violation. HOW TO RECORD TRAVEL TIME (395.1(j)) The rules regarding travel time depend on what rule set you are either

(1) currently operating under, or (2) when switching rules, the rule set you are about to transition into.

In practical terms, if you arrive at the destination and then receive the required turnaround based on the rule set (8 or 10 consecutive hours off), then the travel time is recorded as off-duty. If you don’t get the turnaround after you’ve arrived, then the travel time must be recorded as on-duty not driving. This also applies to traveling by plane. For example, if you started working under the Federal Motion Picture Exemption (15/10/8) and flew to another state, you would be transitioning from 15/10/8 into 14/11/10 because

you are now traveling Interstate. You would need to receive 10 hours of consecutive off-duty time upon arrival in the other state, in order for your flight to be considered off-duty. Also, it’s important to remember that only one rule set can be used in a 24 hour period, so if you transition during your shift from one rule set to another, the stricter rule set must be followed. PLEASE ask if you need us to clarify this point. The rule sets are referenced below so you can cross-reference them in the log example packet.

(1) When a property-carrying commercial motor vehicle driver, at the direction of the motor carrier, is travelling but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded

a. When operating under 14/11/10: at least 10 consecutive hours of off-duty time after arriving at the destination or,

b. When operating under 15/10/8 or 15/12/8 (Motion Picture Exemption): at least 8 consecutive hours of off-duty time after arriving at the destination

in which case he/she must be considered off-duty for the entire period.

(2) When a passenger-carrying commercial motor vehicle driver

(15/10/8), at the direction of the motor carrier, is traveling but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least 8 consecutive hours of off-duty when arriving at the destination, in which case he/she must be considered off-duty for the entire period.

RECORD RETENTION In accordance with Title 49 CFR Part 395.8 (k) (1) motor carriers are required to retain records of duty status and all supporting documents at their principal place of business for a period of 6 months from the date of receipt. If a driver’s record of duty status is not acceptable, for example because of Form & Manner errors, it will be returned to the driver for corrections. Fox Studio Lot’s truck terminal is regulated by a number of State and Federal agencies and failing to fill out a proper log is in direct violation of those regulations (Title 49 C.F.R. Part §395.8) and compromises our ongoing eligibility to operate under the Federally granted ELD exemption. 4. VEHICLE MAINTENANCE (§392, §393, §393, and §396) Keep your vehicle properly maintained to ensure your safety and the safety of others travelling on the road.

Conduct pre-and post-trip inspections, record vehicle defects, and repair them prior to operating the vehicle. DRIVER’S DAILY VEHICLE INSPECTION REPORT (§396.13) Driver inspection. Before driving a motor vehicle, the driver shall:(a) Be satisfied that the motor vehicle is in safe operating condition;(b) Review the last driver vehicle inspection report; and(c) Sign the report, only if defects or deficiencies were noted by the driver who prepared the report, to acknowledge that the driver has reviewed it and that there is a certification that the required repairs have been performed. The signature requirement does not apply to listed defects on a towed unit which is no longer part of the vehicle combination. It is mandated by law that a copy of your daily vehicle inspection report (DVIR) is left in the power unit of your vehicle after your shift. We suggest placing it on the dash of the vehicle. Once the DVIR is reviewed by the next assigned driver, the original report should be submitted to the Transportation department for retention. 5. CONTROLLED SUBSTANCES/ALCOHOL (§392 and 392) Don’t misuse drugs or alcohol while driving. It’s dangerous and illegal. Alcohol, illegal drugs, and over-the-counter and prescription medication misuse impair driving abilities and endanger your safety and the safety of those on the road with you. Having containers of alcoholic beverages in your cab, whether open or not, is a violation. 6. HAZARDOUS MATERIALS (HM) COMPLIANCE (not public - §397 and Parts 171, 172, 173, 177, 178, 179, and 180 of the Hazardous Materials Regulations) Adhere to the special requirements for transporting HM to help make America’s roads safer for everyone. The HM Compliance BASIC includes regulations that require special attention, from how to properly package, mark, label, placard, and load HM to understanding regulations for tank specification testing, loading/unloading, attendance, and leakage. HAZARDOUS MATERIALS For hazardous material management please contact the Fox Studio Lot LLC Hazardous-Material Manager at 310-369-0453. Fox Studio Lot LLC is not a registered Hazmat carrier. In accordance with the Material of Trade – Title 49 Code of Federal Regulations Part 171.8: The aggregate gross weight (container and material) of material of trade on a motor vehicle may not exceed 200kg or 440 pounds. It is prohibited for any quantities of material of trade in excess of these amounts to be transported by employees of the Company. The exception to this rule would be for permanently mounted tanks authorized by paragraph (a) (1) (iii) of this section. The Materials of Trade exceptions can be found in 49 CFR §173.6.

7. DRIVER FITNESS (§383 and §391) Keep your driver records complete and up-to-date to help our company perform well in this BASIC. Motor carriers are responsible for making sure driver qualification files are complete and current. Required files for each and every driver include but are not limited to: valid commercial drivers’ licenses (CDLs), medical certificates, State driving records, annual reviews of driving records, and employment applications. DRIVER QUALIFICATIONS (DQ) It is the policy of Fox Studio Lot LLC that any driver hired for work shall provide the following documentation before or at the start of your shift on the first day of employment:

• Current Driver License • Current Medical Card • Original DMV Record Printout (Current within 30 days) • Negative Pre-employment Drug Test • 7-day Recap

Additional documents may be required in order to complete a Department of Transportation (DOT) qualification file. Those documents must be completed before driving on your 1st day of employment and submitted to Fox Studio’s Transportation Department or the production DOT Compliance Administrator. Any driver who does not furnish the proper documents as required by the Company, DOT regulations, and State and local laws will receive no further calls until their file is up to date. The documents and information required are necessary to fulfill obligations set forth by the Federal DOT, Local & State authorities, and the State Driver Licensing Agency. MEDICAL QUALIFICATIONS

A. SELF-CERTIFICATION REQUIREMENTS Unless restricted by age or an accepted medical condition, all Commercial Driver License holders must self-certify as NI (non-excepted interstate) with their state driver licensing agency. Medical exceptions must be accompanied by a medical waiver.

B. MEDICAL EXAMINER’S CERTIFICATE/DOT PHYSICAL Physical qualifications to obtain a medical certificate can be found in Section 391.41 (b) of the FMCSRs. http://www.fmcsa.dot.gov/rules-regulations/administration/medical.htm 49 CFR Section 390.3(d) allows employers to adopt stricter medical standards. Even if a driver possesses a valid medical certificate, the driver is prohibited from operating a CMV with any medical condition that may interfere with the safe operation of a CMV. If a driver is placed on disability, they must undergo a new medical examination in order to become eligible to operate a CMV again. Medical certificates may be valid for up to two years, however, specific medical conditions may require more frequent certification.

If the driver is not truthful about his/her health history on the medical examination form, that may invalidate the examination and the medical examiner’s certificate. A civil penalty may also be issued against the driver, per 49 U.S.C. 521(b) (2) (b). The safe operation of CMVs is of the utmost importance. All drivers who are found to misrepresent their health information during a medical examination are subject to disciplinary action, up to and including discharge for cause.

MINIMUM TRAINING REQUIREMENTS FOR ENTRY-LEVEL COMMERCIAL MOTOR VEHICLE OPERATORS (§380.501) Per the FMCSRs: All entry-level drivers who drive in interstate commerce and are subject to the CDL requirements of part 383 of this chapter must comply with the rules of this subpart. An Entry-level driver is a driver with less than one year of experience operating a CMV with a CDL in interstate commerce. In accordance with the FMCSR §380.505 and §380.509 for all entry-level drivers who first began operating a CMV requiring a CDL in interstate commerce after July 20, 2003 we must ensure that the driver received the training required by §380.503. §380.503 Entry-level drivers must be trained in the areas of: Driver Qualification Requirements, Hours of Service of Drivers, Driver Wellness, and Whistleblower Protection. If a driver has already been trained, they will need to provide a copy of their Entry-Level Driver Training (ELDT) certificate containing all the information contained in §380.513 from the training provider or have the provider complete an Entry-Level Driver Training Certificate form. A copy of a CDL issued prior to July 20, 2003 can also be accepted in lieu of an Entry-Level Driver Training Certificate. If the driver has not completed ELDT or cannot furnish proof of an ELDT certificate, the driver will be enrolled in an ELDT course with MPCS and have 1 week to complete the training upon hire. Once completed, the driver will be issued an entry-level driver training certificate which they may also provide to any future employers. If the driver does not complete the course, the driver will be suspended and ineligible to work for Fox Studio Lot LLC until the course has been completed. A new ELDT rule will be implemented on February 7, 2020. Drivers who obtain a Commercial Learners Permit (CLP) after this date, upgrade their CDL (a class B to a Class A), or add a hazardous materials, passenger, or school bus endorsement, will have to satisfy the following requirement: Must complete with a score of 80% or higher a prescribed program of instruction presented by an entity listed on the FMCSA’s Training Provider Registry (TPR), prior to taking the State-administered CDL skills or knowledge test. Once completed and passed, the FMCSA will transmit electronically the training certification information to the State Driver Licensing Agency as proof the CDL applicant has completed the training. This information will also be posted on the applicants CDLIS driver record.

MOTOR VEHICLE RECORD (MVR) We must have a current motor vehicle record on file which includes your license information and status as reported by the State Driver Licensing Agency in which you hold your license as well as for all other states you have been licensed in within the previous five year period. CALIFORNIA EMPLOYER PULL NOTICE (EPN) PROGRAM (CVC 1808.1) The Employer Pull Notice (EPN) Program was established to provide employers and regulatory agencies with a means of promoting driver safety through the ongoing review of driver records. All drivers who are licensed in, or operate in, the state of California, must be enrolled in the California EPN program. This includes drivers who do not hold a CDL. The employer is notified when an employee’s DL is updated to record an action/activity which must be reported under the EPN program. HOW THE BASICS AFFECT DRIVERS The BASICS organize data from roadside inspections, including driver and vehicle violations, crash reports from the last two years, and investigation results. Violations adversely affect our company’s SMS results for two years and may prioritize our company for an FMCSA intervention ranging from warning letters to full Onsite investigations that could result in an Out-of-Service Order (OOSO) or a change to our company’s safety rating. YOUR SAFETY RECORD – PSP RECORD Your safety performance and compliance as a driver impacts our safety records – and your own! Fox may use the FMCSA’s Pre-Employment Screening Program (PSP) as a pre-employment screening tool to see a driver’s five-year crash and three-year inspection history. You can use PSP to request and review your personal driving records at any time. To get your PSP record, visit https://www.psp.fmcsa.dot.gov/psp/oa/AppInfo.aspx. What you’ll need:

• Your current driver’s license number • A credit card (Visa, MasterCard, Discover, or American Express) • A valid email address • For our full history, each driver’s license number you’ve held in the last five years • PDF viewer (if you don’t have one installed, you can download one for free)

A PSP record costs $10. This fee includes a search on your current commercial driver’s license record and/or any commercial driver’s license you have held during the last five years. You need to provide the license number and license state for each license. NOTE: This record is separate from your driver record under your State Driver Licensing Agency and contains a detailed list of all five year crash data and three year violation data (violation data is obtained during roadside inspections).

DRIVER VIOLATIONS/CITATIONS While operating a Fox Studio Lot LLC owned or leased vehicle, if you receive a violation or citation of any type from an enforcement official, then you must report it to a supervisor immediately and submit the document given to you. This is up to and including all: parking citations, moving violations, and roadside safety inspection reports (commonly titled “driver/vehicle examination report”) issued at the scales or out of service violations by a law enforcement officer (e.g. highway patrol, police officer, etc.). It is the driver’s responsibility to pay all fines and fees associated with violations and/or tickets. Failure to meet your responsibility may result in your ineligibility for employment. Please submit your proof of payment to Transportation Dispatch. If a driver receives a violation at the scales, it may impact his or her safety record as well as the Company’s. Please make sure you have performed all necessary vehicle inspections to ensure safety on the road. ROADSIDE INSPECTIONS The following is what to expect during a Level I roadside inspection. The goal of roadside inspections is to decrease the possibility of a motor vehicle crash. Safety is the name of the game! DRIVER CONDUCT The easiest way to raise the interest of an inspector or create suspicion during an inspection is for a driver to be rude, disrespectful, defensive, or combative with the inspector. All drivers in the employ of Fox are expected to act in a professional and courteous manner at all times. This is imperative when asked to participate in a roadside inspection. Other factors that could positively impact an inspection include having well-maintained, clean equipment. In the event of a conflict or problem, the driver should not attempt to debate, argue, rationalize, or even respectfully disagree with an inspector. Instead, they should contact their Supervisor or the Fox Transportation Dept. at 310-369-2533 and allow them to resolve or discuss the issue on their behalf. DOCUMENTS A DRIVER IS EXPECTED TO HAVE IN THE VEHICLE

• Driver’s License: Driver must have a current license, valid for the commercial motor vehicle you are driving.

• Medical Examiner’s Certificate: Through June 22, 2018 a driver must have a current, valid medical examiner’s certificate and waiver if applicable. (Note: Once a state implements the CDL/Medical Exam merger rule, CDL holders from that state will no longer have to carry the certificate (i.e., wallet card), but they must be able to provide a copy to the motor carrier employing them.

• Driver’s Record of Duty Status (log): Driver’s log for the current day and at least the previous seven days. Other documents that verify log entries, such as fuel & toll receipts, may also be requested. The driver’s log shall be current to the last change of duty status. As of January 19, 2018 all drivers who are operating under the FMCSA granted Electronic Logging Device exemption, must also carry a copy of the exemption with their log book. If you have not been given a copy of the exemption, please contact the Fox Transportation Dept. ASAP.

• Basic In-Cab Documentation: Current vehicle registration, proof of insurance, & rental agreement.

• Documentation of Annual Inspection: A copy of the annual inspection report or an annual inspection sticker must be on the vehicle. If complying with a mandatory state inspection program, you should also have any required document(s) for that program in the vehicle.

• Hazardous Materials Paperwork: Shipping papers must be within the driver’s immediate reach. Fox Studio Lot LLC is not a registered Hazmat Carrier.

• Permit Credentials: IRP cab card, receipt, any necessary temporary permits, IFTA license and decals when applicable.

OTHER REQUIREMENTS

• Driver’s Age: Driver must be 21 to drive interstate. • Driver’s Physical Condition: An ill or fatigued driver will be placed out of service until

no longer impaired. • Driver Qualification: Driver shall not be disqualified under Sections 383.51 or

391.15 of the Federal Motor Carrier Safety Regulations. • Drugs and Alcohol: Driver shall not be under the influence of or in possession of

drugs or alcohol.

THE VEHICLE After the inspector has checked the documents & other requirements, he or she will move on to the vehicle portion of the inspection. The inspector will explain the inspection procedure and describe hand signals that will be used for inspecting lights and brakes. The inspection begins at the front of the truck, proceeds down the left (driver’s) side of the vehicle, around the back, and up the right side. The following vehicle components are inspected:

• Brakes • Coupling devices • Exhaust system • Frame • Fuel system • Headlights, turn signals, taillights,

lights on projecting loads • Cargo securement

• Steering mechanism • Suspension • Trailer body • Tires • Wheels, rims, and hubs • Windshield wipers • Hazardous materials (as

applicable)

INSPECTION RESULTS Drivers should be aware of the proper action to take based on the results of the inspection.

• IF the vehicle is placed out of service and needs certain repairs before it can continue, the driver should notify their Supervisor immediately and await instruction.

• IF the driver is placed out of service for any reason, they should notify their Supervisor immediately.

• Please be aware that the driver may be responsible for citations or fines. • In accordance with Title 49 CFR Part 396 – any driver who receives a

Roadside Safety Inspection (RSI) report must deliver it to the motor carrier, Fox Studio Lot LLC. The inspection report should be received within 24 hours or as soon as practical. Fox has 15 days to sign the report and send it back to the state that issued it. Typically the top of the report will read DRIVER/VEHICLE EXAMINATION REPORT.

Be aware that there can be serious consequences for the carrier and the driver if an Out-of-Service order is violated.

SAFETY PERFORMANCE HISTORY RECORD RESPONSE (SPHRR) INFORMATION REBUTTAL/REQUEST PROCEDURE

Fox Studio Lot LLC is required to obtain safety information related to your operation of CMVs from several sources, including but not limited to: Motor Vehicle Records, State Monitoring Services (such as the California Employer Pull Notice program), previous employer inquires, and Pre-employment Screening Program records (optional).

1. Correction Request of Erroneous Safety Performance History Information

The request is made by the driver/applicant in compliance with the Department of Transportation regulations, §391.23, investigations and inquiries, as printed below. Driver wishing to request correction of erroneous information in records received must send the request for the correction to the previous employer that provided the records to the prospective employer. After October 29, 2004, the previous employer must either correct and forward the information to the prospective motor carrier employer, or notify the driver within 15 days of receiving a driver’s request to correct the data that it does not agree to correct the data. If the previous employer corrects and forwards the data as requested, that employer must also retain the corrected information as part of the driver’s safety performance history record and provide it to subsequent prospective employers when requests for this information are received. If the previous employer corrects the data and forwards it to the prospective motor carrier employer, there is no need to notify the driver.

2. Safety Performance History Information Driver/Application Rebuttal

This rebuttal is made by the driver/applicant in compliance with the Department of Transportation regulations. Drivers wishing to rebut information in records received pursuant to paragraph (i) of this section must send the rebuttal to the previous employer with instructions to include the rebuttal in that driver’s safety performance history. After October 29, 2004, within five business days of receiving a rebuttal from a driver, the previous employer must: (i) Forward a copy of the rebuttal to the prospective motor carrier employer; (ii) Append the rebuttal to the driver’s information in the carrier’s appropriate file, to be included as part of the response for any subsequent investigating prospective employers for the duration of the three-year data retention requirements.

3. Records Request for Driver/Applicant Safety Performance History

Drivers who have previous Department of Transportation regulated employment history in the preceding three years, and wish to review previous employer-provided investigative information must submit a written request to the prospective employer, which may be done at any time, including when applying, or as late as thirty (30) days after being employed or being notified of denial of employment. The prospective employer must provide this information to the applicant within five (5) business days of receiving the written request. If the prospective employer has not yet received the requested information from the previous employer(s), then the five-business-days deadline will begin when the prospective employer receives the requested safety-performance history information. If the driver has not arranged to pick up or receive the requested records within thirty (30) days of the prospective employer making them available, the prospective motor carrier may consider the driver to have waived his/her request to review the records.

ALCOHOL & CONTROLLED SUBSTANCES POLICY

As part of our commitment to maintain a drug-free workplace we have implemented this Company Policy. This Policy covers all individuals applying for a driver position, or currently employed as a driver, who operate vehicles owned or leased by the Company, and all individuals whose primary duty it is to supervise drivers.

Fox Studio Lot LLC is committed to maintaining a safe workplace for our drivers and other users of the highways and complies with all U.S. Department of Transportation (DOT) Federal Highway Administration (FHWA) alcohol and controlled substances testing requirements set forth in Title 49 of the Code of Federal Regulations (CFR) Parts 40 and 382. With safety in mind, the Company’s Policy may be more stringent in some areas.

All drivers holding a Commercial Driver License (CDL), contract drivers, and non-CDL holding drivers employed by the Studio are covered by the Policy. All CDL drivers employed by this Studio will be considered to be hired in readiness to perform a safety-sensitive function and will be subject to DOT alcohol and controlled substances testing.

Any changes to the DOT Regulations which affects this policy, will go into effect immediately and will supersede what is written herein. In accordance with the DOT guidelines, the use of or possession of alcohol or federally controlled substances while working, is strictly prohibited.

The Company understands that there may be questions and concerns involving the controlled substances and alcohol testing policies and procedures. To assist in the understanding of the requirements placed on both the driver and the Company, the Fox Transportation Department can answer any questions regarding both. You can also find additional information on the Federal Motor Carrier Safety Administration (FMCSA) website at: https://www.transportation.gov/odapc.

DESIGNATED EMPLOYER REPRESENTATIVE (DER): The Studio DER is the key employee or employees for many drug and alcohol program functions. Please contact any of the DERs for additional information relating to DOT drug & alcohol testing. The current DERs are:

Diana Llanos, ELD Specialist, 310-369-5158 diana.llanos@fox.com Raychel Stuart, DOT Specialist, 310-369-5793 raychel.stuart@fox.com

Drivers Who Hold a Commercial Driver License or Permit All individuals who are in possession of a valid Class A or B Commercial Driver’s License (CDL) or a CDL Permit and are either applying for a driver position, or are currently employed as a driver will be qualified by the Company as Regulated drivers in readiness to operate commercial motor vehicles as defined in 49 CFR Part §382.107. As such, these drivers will be: subject to the drug and alcohol testing requirements, required to submit to controlled substance and alcohol tests that are administered in accordance with the Regulations, and enrolled in a drug/alcohol testing consortium.

The DOT has set forth procedures that are required in order to conduct workplace drug and alcohol testing for the Federally-regulated transportation industry. Federal laws and regulations require that employers conduct a program designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. The Company has developed the following

procedures and policies as part of its program. The Company considers all employees holding a commercial driver license to be employed in “Safety Sensitive” positions. This Policy shall be interpreted with all applicable laws and regulations, if any portion of this Policy is in conflict with any laws and regulations, then state and federal law shall apply. Drivers Who Hold a Non-Commercial Driver License All individuals who are in possession of any license other than a Class A or B Commercial Driver’s License or Permit, and who are applying for or are currently employed in a driving position, must submit to Non-DOT Reasonable Suspicion controlled substance and/or alcohol tests, under the same circumstances as those required for Regulated drivers.

Although these drivers are not subject to DOT required testing, all prohibited behaviors still apply.

PROHIBITED BEHAVIORS The following behaviors are prohibited while operating a vehicle owned or leased by the Company: driving while under the influence of alcohol; driving while under the influence of prohibited drugs or controlled substances, engaging in transportation, possession or unlawful use of prohibited drugs or controlled substances, engaging in a felony involving the use of a motor vehicle, refusing to give a urine or breath sample when required, leaving the scene of an accident that resulted in injury or death, or refusing to submit for post-accident testing when required.

ALCOHOL USE: The regulations prohibit any alcohol use that could affect performance of safety-sensitive functions. Drivers may not:

(1) Perform safety-sensitive functions within four (4) hours after using alcohol; (2) Report for duty or remain on duty to perform, or in readiness to perform, safety-

sensitive functions with an alcohol concentration of 0.04 or greater; (3) Use alcohol while performing safety-sensitive functions; (4) Possess alcohol, unless the alcohol is manifested and transported as part of a

shipment. This includes the possession of medicines containing alcohol whether prescription or over-the-counter;

(5) Use alcohol within eight (8) hours following an accident or until undergoing a post-accident alcohol test, whichever occurs first;

(6) Refuse to submit to a required post-accident, random, reasonable suspicion or follow-up alcohol test.

Note: Any driver who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall be prohibited from continuing to perform safety-sensitive functions for the employer, including driving a motor vehicle, until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test.

DRUG USE: No driver shall report for duty or remain on duty requiring the performance of safety sensitive functions when the driver uses any drug or substance identified in 21 CFR 1308.11 Schedule I.

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any non-Schedule I drug or substance that is identified in the other Schedules in 21 CFR part 1308 except when the use is pursuant to the instructions of a licensed medical practitioner, as defined in §382.107, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle. This includes:

(1) Use of any drug, except by doctor’s prescription and then only if the doctor has advised the driver that the drug will not adversely affect the driver's ability to safely operate a commercial motor vehicle;

(2) Reporting for duty or remaining on duty to perform, or in readiness to perform, safety-sensitive functions after testing positive for controlled substances. When a driver tests positive for adulterants, dilution or substitution the test will be considered a positive test;

(3) Refusal to submit to a required post-accident, random, reasonable suspicion or follow-up drug test. (For more information on Shy Bladder and Refusal, please see below.);

(4) If an employee is using prescription or medical marijuana which may impair safety or performance it must be reported to his/her supervisor. No employee shall be under the influence and/or impaired by medical marijuana while on duty and/or operating Company equipment at any time;

Therapeutic Drug Use: Each driver must inform his/her supervisor or dispatcher of any therapeutic drug use prior to performing a safety-sensitive function. If the Company determines that a driver has engaged in any of the prohibited behaviors defined herein, the driver will be immediately removed from safety-sensitive functions and shall be discharged from employment.

WHAT DRUGS DOES DOT TEST FOR? DOT drug tests require laboratory testing (49 CFR Part 40 Subpart F) for the following five drugs or classes of drugs:

o Marijuana metabolites o Cocaine metabolites o Amphetamines o Opioids (including semi-synthetic opioids) o Phencyclidine (PCP)

Medical Marijuana Marijuana, including a mixture or preparation containing marijuana, continues to be classified as a schedule I controlled substance by the Drug Enforcement Administration (DEA) in 21 CFR 1308.11. Under the Federal Motor Carrier Safety Regulations (FMCSRs), a person is not physically qualified to drive a CMV if he or she uses any Schedule I controlled substances such as marijuana. (See 49 CFR 391.11 (b)(4) and 391.41(b)(12)). Accordingly, a driver may not use marijuana even if is recommended by a licensed medical practitioner.

In addition to the physical qualification requirements, the FMCSRs prohibit a driver from being in possession of or under the influence of any Schedule I controlled substance, including marijuana, while on duty, and prohibit motor carriers from permitting a driver to be on duty if he or she possesses, is under the influence of, or uses a Schedule I controlled substance. (See 49 CFR §§ 392.2 and 392.4). Legalization of marijuana use by States and other jurisdictions also has not modified the application of U.S. Department

of Transportation (DOT) drug testing regulations in 49 CFR parts 40 and 382. (See https://www.transportation.gov/odapc/medical-marijuana-notice and https://www.transportation.gov/sites/dot.gov/files/docs/odapc-notice-recreational-mj.pdf.) Prescription medications A driver cannot take a controlled substance or prescription medication without a prescription from a licensed practitioner. Although the driver has a legal prescription, he/she may be disqualified if the medication could adversely affect the driver's ability to drive a CMV safely.

If a driver uses a drug identified in 21 CFR 1308.11 (391.42(b)(12)) or any other substance such as amphetamine, a narcotic, or any other habit forming drug, the driver is medically unqualified. There is an exception (§382.213): the prescribing doctor can write that the driver is safe to be a commercial driver while taking the medication2. In this case, the Medical Examiner may, but does not have to certify the driver. Any anti-seizure medication used for the prevention of seizures is disqualifying.

The Medical Examiner has 2 ways to determine if any medication a driver uses will adversely affect safe operation of a CMV:

1. Review each medication – prescription, non-prescription and supplement 2. Request a letter from the prescribing doctor

Even if the test is reported to the motor carrier as negative, if the MRO determines that the medication use renders the driver medically unqualified according to DOT Regulations, or if the driver’s continued performance is likely to pose a significant safety risk, then the MRO will report their determination to the employer and the prescribing physician. As of January 1, 2018, prior to the MRO reporting your information to a third party you will have up to five days to have your prescribing physician contact the MRO. You are responsible for facilitating the contact between the MRO and your prescribing physician. Your prescribing physician should be willing to state to the MRO that you can safely perform your safety-sensitive functions while taking the medication(s), or consider changing your medication to one that does not make you medically unqualified or does not pose a significant safety risk. If the driver fails to act on this request and the five days elapse or the prescribing physician is unable to offer a suitable replacement, the MRO may call the medication into question.

For the safety of all drivers, when Fox is contacted by the MRO about the driver’s prescription drug use, in accordance with §391.45(c), Fox requires the driver to undergo a new DOT physical exam. The driver must be honest with the medical examiner about his/her prescription drug use on the health history portion of the exam form. The driver

2 As a reminder, you should have a conversation with your prescribing physician to

discuss your safety-sensitive work. This is important information for your prescribing physician to consider when deciding whether and what mediation to prescribe for you. It is important for you to know whether your medications could impact your ability to safely perform your transportation-related work.

must then provide written documentation from the medical examiner confirming that the driver does not pose a significant safety risk while operating a CMV.

NOTE: If you were prescribed a medication and your prescribing doctor confirms that you were authorized to operate a CMV while taking the prescription, however you did not have your prescription filled or cannot provide proof that your prescription was filled, then the MRO will likely certify the result as positive. List of Prohibited Controlled Substances The Schedules of Controlled Substances, Schedule I can be found in 21 CFR 1308.11 https://www.ecfr.gov/cgi-bin/text-idx?SID=fb0b4afcff84aef52755d6dff7b8880d&node=se21.9.1308_111&rgn=div8

TYPES OF REQUIRED TESTS:

PRE-EMPLOYMENT TESTING (§382.301) The Company will conduct pre-employment controlled substance testing in accordance with 49 CFR §382.301, prior to the first time a driver performs safety-sensitive functions or when the driver has not participated in the Fox controlled substance testing program within the past 30 days. The driver must undergo testing for controlled substances and Fox must receive a controlled substance test result indicating a verified negative test result for that driver to be eligible to perform safety-sensitive functions. Fox Studio Lot LLC does not conduct pre-employment alcohol testing.

POST-ACCIDENT TESTING (§382.303) The Company will conduct controlled substance and/or alcohol tests, when a driver operating a commercial motor vehicle as defined in 49 CFR Part §382.107, is involved in an accident meeting specific criteria. A driver must submit to required post-accident testing as soon as possible following the occurrence. All tests will be conducted pursuant to 49 CFR §382.303(d). A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing.

Type of accident involved?

Citation issued to our CMV driver

Test type which must be performed by employer

Human fatality YES Alcohol & Drug NO Alcohol & Drug

Bodily injury with immediate medical treatment away from the scene

YES (within 8 hours) Alcohol & Drug YES (after 8 hours, but within 32 hours) Drug Only

NO NO Test

Disabling damage to any motor vehicle requiring tow away

YES (within 8 hours) Alcohol & Drug YES (after 8 hours, but within 32 hours) Drug Only

NO NO Test

A test for alcohol is required if the occurrence results in: (1) A fatality; or (2) The driver receives a citation within eight (8) hours of the occurrence for a moving

traffic violation arising from the accident, if the accident involved: (a) Bodily injury to any person who, as a result of the injury, immediately receives

medical treatment away from the scene of the accident; or (b) One or more vehicles incurring disabling damage as a result of the accident,

requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

If a required alcohol test is not administered within two hours following the accident, the employer must prepare and maintain documentation stating the reason(s) the test was not administered promptly or if a required alcohol test is not administered within eight (8) hours following the accident, the employer must cease attempts to administer an alcohol test and must prepare and maintain documentation stating the reason(s) the test was not administered.

In accordance with 49 CFR Part §382.209, no driver required to take a post-accident alcohol test under §382.303 shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.

A test for controlled substances is required if the occurrence results in: (1) A fatality; or (2) The driver receives a citation within thirty-two (32) hours of the occurrence for a

moving traffic violation arising from the accident, if the accident involved: (a) Bodily injury to any person who, as a result of the injury, immediately receives

medical treatment away from the scene of the accident; or (b) One or more vehicles incurring disabling damage as a result of the accident,

requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

If a required controlled substances test is not administered within thirty-two (32) hours following the accident, the employer must cease attempts to administer a controlled substance test and must prepare and maintain documentation stating the reason(s) the test was not administered.

RANDOM TESTING (§382.305) Random alcohol and controlled substance testing will be done in accordance with the minimum annual percentage rates established by the FMCSA. Selections will be made using a scientifically valid method and each driver in the pool shall have an equal chance of being tested each time selections are made. Selection dates will be reasonably spread throughout the calendar year. Drivers selected for random testing will be tested during the selection period and all tests shall be unannounced. Drivers will be notified of their selection via the Company DER.

Once a driver is notified, he or she shall proceed to the test site immediately and submit to the required test(s), alcohol, controlled substances or both, in accordance with the random selection process and as required by 49 CFR §382.305(l). If the driver is performing a safety-sensitive function other than driving a motor vehicle, the Company

will ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible. If the driver is in transit, he or she will not be notified by the Company DER until his or her location is static and the driver is able to proceed to the collection site immediately. A test for alcohol will only be conducted just before a driver is to perform safety-sensitive functions, while the driver is performing safety-sensitive functions, or just after the driver has performed safety-sensitive functions.

§382.307 REASONABLE SUSPICION TESTING The Company shall require a driver to submit to an alcohol and/or controlled substance test when the Company has reason to believe that the driver has violated any of the prohibited behaviors outlined in this Company Policy and in accordance with 49 CFR §382.307. The employer's determination that reasonable suspicion exists to require the driver to undergo testing must be based on specific, contemporaneous, articulable observations concerning appearance, behavior, speech and/or body odors of the driver. The observations may include indications of the chronic and withdrawal effects associated with controlled substances. A written record shall be made of the observations leading to any reasonable suspicion testing. Observations will only be made by a supervisor or Company official who has been trained in accordance with federal regulations.

RETURN-TO-DUTY TESTING (§382.309) The requirements for return-to-duty testing must be performed in accordance with 49 CFR part 40, subpart O. Before a driver can return to the performance of safety-sensitive functions following his or her referral to an SAP, the following must occur:

(1) The Company must receive written documentation from the SAP indicating that the driver has successfully complied with the prescribed education and treatment; and

(2) The driver must have a negative directly observed return-to-duty controlled substances test and/or an alcohol test with an alcohol concentration of less than 0.02, depending on the testing requirements prescribed by the SAP.

FOLLOW-UP TESTING (§382.311) The requirements for follow-up testing must be performed in accordance with 49 CFR part 40, subpart O. Once the return-to-duty testing requirements defined herein have been met and before a driver can resume safety-sensitive functions, the Company must receive written documentation from the SAP that outlines the driver’s follow-up testing plan. The Company shall comply with the SAP’s follow-up testing plan which will, at a minimum, require six (6) unannounced follow-up tests in the first twelve (12) months following the driver's return to safety-sensitive functions. All drug tests must be directly observed. Post-accident, random and reasonable suspicion tests may not be substituted for a prescribed follow-up test. The Company will not impose any additional testing requirements (outside of the testing required by 382) on the driver that go beyond the SAP's follow-up testing plan.

Directly Observed Specimen Collection A collection will be done under direct observation when:

(1) The laboratory reports to the MRO that a specimen is invalid and the MRO reports that there is not an adequate medical explanation;

(2) The MRO reports to the Company's DER that the original positive, adulterated or substituted test result had to be cancelled because the test of the split specimen could not be performed;

(3) The laboratory reports to the MRO that the specimen was negative-dilute with a creatinine concentration of greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL.

(4) and the MRO reports the specimen to the Company as negative-dilute; or when (5) Deemed necessary by the collector. Under this circumstance, the collector must

explain the reason for the directly observed collection. The Company DER must also direct that any collection for return-to-duty or follow-up drug testing be done under direct observation. During the directly observed collection, the observer will request that the driver raise his or her shirt, blouse, dress or skirt, as appropriate, above the waist and lower clothing and underpants to show, by turning around, that the driver does not have a prosthetic device. The observer must be the same gender as the employee. Failure of the employee to permit any part of the direct observation procedure is a refusal to test.

TEAMSTERS LOCAL 399 DRIVERS:

Please review the document entitled 85.1 Alcohol and Controlled Substance Testing Company Rules distributed and administered by CSATF which details the company rules and procedures regarding random, post-accident and reasonable suspicion testing for alcohol and controlled substances.

TESTING PROCEDURES

FACILITIES, EMPLOYEES AND MACHINES The Laboratories used by the Company will conduct urine drug screens and breath alcohol tests. Collection sites, breath alcohol machines, testing laboratories and MROs utilized by the Company in the implementation of these procedures will be trained and certified pursuant to U.S. DOT guidelines.

WHAT TO KNOW All controlled substances and alcohol testing will be done in accordance with the procedures outlined under federal regulations, in a manner that will protect the driver and the integrity of the testing process, safeguard the validity of the test results and ensure that those results are attributed to the correct driver. Collection sites take certain steps and measures to protect the driver and ensure the integrity of the testing process. Some of those procedures are:

(1) The collector will deter tampering of specimens by: (a) Securing any water sources; (b) Ensuring no other possible adulterants are present; and

(c) Inspecting the site following each collection.

(2) The collector will provide and ensure security during collection by: (a) Conducting a collection for only one employee at a time; (b) Keeping an employee’s collection container within view of both the collector

and the employee between the time the employee has urinated and the specimen is sealed;

(c) Ensuring that the collector and the employee are the only people who handle the specimen before it is poured into the bottles and sealed with tamper-evident seals; and

(d) Maintaining personal control over each specimen and CCF throughout the collection process.

(3) The collection site will: (a) Prevent unauthorized personnel from entering any part of the site in which urine

specimens are collected or stored; and (b) Not permit anyone to enter the urination facility in which employees provide

specimens. In the case of a monitored, directly observed collection, the collection site will minimize the number of persons handling specimens in order to protect the driver and ensure the integrity of the testing results.

SHY BLADDER (§40.193(b)) This section prescribes procedures for situations in which a donor does not provide a sufficient amount of urine to permit a drug test (i.e., 45 mL of urine). The collector must discard the insufficient specimen, except where the insufficient specimen was out of temperature range or showed evidence of adulteration or tampering (see §40.65(b) and (c)).

The donor may drink up to 40 ounces of fluid, distributed reasonably through a period of up to three hours, or until the individual has provided a sufficient urine specimen, whichever occurs first. If the donor declines to drink the additional fluids, this decision must be documented on the Remarks line of the CCF and the donor must be informed of the time at which the three hour period begins and ends.

If the donor refuses to make the attempt to provide a new urine specimen or leaves the collection site before the collection process is complete, the collector must discontinue the collection process and immediately notify the DER. This is a refusal to test.

If the donor has not provided a sufficient urine specimen within three hours of the first unsuccessful attempt to provide the specimen, the collector must discontinue the collection process, note it on the Remarks line of the CCF (along with a notation if the first sample was an “out of temperature range specimen” or “specimen that shows signs of tampering”), and notify the MRO and DER within 24 hours.

When the collector informs the DER that the donor has not provided a sufficient amount of urine and after the DER consults with the MRO, the DER must direct the donor to obtain, within five days, an evaluation from a licensed physician that is acceptable to

the MRO and who has expertise in the medical issues raised by the donor's failure to provide a sufficient specimen.

The MRO must provide the other physician with the following information and instructions: (1) That the donor was required to take a DOT drug test, but was unable to provide a

sufficient amount of urine to complete the test; and (2) The consequences of the appropriate DOT agency regulation for refusing to take

the required drug test. (3) That the referral physician must agree to follow the requirements of paragraphs (d)

through (g) of this section.

The referral physician conducting the evaluation must make a recommendation to the MRO to make one of the following determinations: (1) That a medical condition has, or with a high degree of probability could have,

precluded the donor from providing a sufficient amount of urine. If the MRO accepts this recommendation, the MRO must:

(a) Check “Test Cancelled” (Step 6) on the CCF; and (b) Sign and date the CCF.

(2) There is not an adequate basis for determining that a medical condition has, or with a high degree of probability could have, precluded the donor from providing a sufficient amount of urine. If the MRO accepts this recommendation, the MRO must:

(a) Check the “Refusal to Test” box and “Other” box in Step 6 on Copy 2 of the CCF and note the reason next to the “Other” box and on the “Remarks” lines, as needed.

(b) Sign and date the CCF.

For purposes of this paragraph, a medical condition includes an ascertainable physiological condition (e.g., a urinary system dysfunction) or a medically documented pre-existing psychological disorder, but does not include unsupported assertions of “situational anxiety” or dehydration.

The referral physician, after completing the evaluation, must provide a written statement of the recommendations and the basis for the recommendations to the MRO. The referral physician must not include in the statement detailed information on the donor's medical condition beyond what is necessary to explain the conclusion.

If the referral physician making this evaluation in the case of a pre-employment test, determines that the donor's medical condition is a serious and permanent or long-term disability that is highly likely to prevent the donor from providing a sufficient amount of urine for a very long or indefinite period of time, he/she must set forth a determination and the reasons for it in a written statement to the MRO. The MRO, upon receiving such a report, must follow the requirements of §40.195, where applicable.

The MRO must seriously consider and assess the referral physician's recommendations in making a determination about whether the donor has a medical condition that has, or

with a high degree of probability could have, precluded the donor from providing a sufficient amount of urine. The MRO must report this determination to the DER, in writing, as soon as it is made.

When the employer receives a report from the MRO indicating that a test is cancelled, the employer takes no further action with respect to the donor. If employed, the employee remains in the random testing pool.

TEST RESULTS

POSITIVE TEST Drivers who have an alcohol concentration of 0.04 or higher or who test positive or have adulterated or substituted a test specimen for controlled substances will be immediately terminated by the Company. All such drivers must, on their own, be evaluated by an SAP (Substance Abuse Professional) that shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse or drug use. The Federal Motor Carrier Safety Regulations do not require the employer to provide or pay for rehabilitation or to hold a job open for a driver with or without salary. The driver must:

(1) Be removed from safety-sensitive functions; (2) Submit to a face to face evaluation by a DOT qualified SAP; (3) Complete any treatment and/or education as directed by the SAP; (4) Undergo a face to face follow-up evaluation with the same DOT qualified SAP; (5) Submit to a directly observed return-to-duty drug and/or alcohol test; and (6) Submit to the directly observed follow-up testing that is prescribed by the SAP.

Any person who tests positive for drugs shall have 72 hours from the time they are notified of the test results by the Medical Review Officer to request that the split specimen be tested by a different Department of Health and Human Services certified laboratory for the presence of the drug(s) for which the positive result was obtained. If the request for a split test is not made within 72 hours, there will be no further opportunity to challenge the positive test result. The Company may require the driver to reimburse the cost of the split specimen test.

Split Specimen Testing for Controlled Substances

At the time of a urine drug screen collection the urine is divided into two specimen bottles:

(1) The primary specimen is the one that will be tested first; and (2) The second specimen will be available for a split specimen test, should one

be requested by the driver after receiving notification of a positive test result. If a controlled substance test is confirmed positive by the lab, the results will be sent to the MRO for review and analysis. If the MRO confirms a positive test result, the driver will be notified. If the driver decides to request a split specimen test, such request must be made within seventy-two (72) hours of being notified of the positive test result by the MRO and the Company may require that the costs related to the test be reimbursed by

the driver. The split specimen test will be conducted on the second specimen at a separate certified lab.

Drivers who test positive while working for the Company will no longer be eligible for hire (see One-Strike Policy). A driver who has tested positive with a singular previous employer is only eligible for hire after successful completion of the Return-to-Duty Testing process. The Company must comply with the SAP required directly observed follow-up drug and/or alcohol screens;

(1) DOT requires a minimum of six (6) follow-up tests within a twelve (12) month period. The SAP may require further follow–up drug and/or alcohol screens up to a maximum of 60 months.

(2) The driver, once notified by the employer, must proceed immediately to the testing facility to complete the required test(s).

(3) The Company may require that the driver reimburse the cost of all drug and/or alcohol follow-up tests.

Removal from safety-sensitive functions (a) Except as provided by federal laws or regulations, no driver shall perform safety-

sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by Subpart B of this part or an alcohol or controlled substances rule of another DOT agency.

(b) No employer shall permit any driver to perform safety-sensitive functions; including driving a motor vehicle, if the employer has determined that the driver has violated this section.

SUBSTANCE ABUSE PROFESSIONAL (SAP) Certain employees in the transportation industry are subject to Federal drug and alcohol use and testing regulations under Federal Department of Transportation (DOT) regulations. An employee who violates these regulations must be immediately removed from safety-sensitive functions and may not be returned to any safety-sensitive functions in the transportation industry until, and unless, he or she successfully completes a DOT return-to-duty process. The service agent who is responsible for overseeing this process is an SAP. DOT requires an SAP to have specific credentials, to have basic knowledge in specified content areas, to complete comprehensive SAP training and to satisfactorily complete an SAP exam.

An SAP must have one of the following credentials: (1) licensed physician (Doctor of Medicine or Osteopathy); (2) licensed or certified social worker; (3) licensed or certified psychologist; (4) licensed or certified employee assistance professional; (5) licensed or certified marriage and family therapist; or (6) Drug and alcohol counselor certified by the National Association of Alcoholism and

Drug Abuse Counselors Certification Commission (NAADAC); or by the International

Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC); or by the National Board for Certified Counselors, Inc., and Affiliates/Master Addictions Counselor (NBCC).

What are the requirements concerning SAP reports? The SAP's written report, following an initial evaluation stating the level of assistance that is needed to address the employee's drug and/or alcohol problems, must be on the SAP's own letterhead (and not the letterhead of another service agent), signed and dated by the SAP and must contain the following items:

(1) Employee's name and SSN; (2) Employer's name and address; (3) Reason for the assessment (specific violation of DOT regulations and violation date); (4) Date(s) of the assessment; (5) SAP's education and/or treatment recommendation; and (6) SAP's telephone number.

The SAP's written report concerning a follow-up evaluation stating that the employee has demonstrated successful compliance must be on the SAP's own letterhead (and not the letterhead of another service agent), signed and dated by the SAP and must contain the following items:

(1) Employee's name and SSN; (2) Employer's name and address; (3) Reason for the initial assessment (specific violation of DOT regulations and violation

date); (4) Date(s) of the initial assessment and synopsis of the treatment plan; (5) Name of practice(s) or service(s) providing the recommended education and/or

treatment; (6) Inclusive dates of employee's program participation; (7) Clinical characterization of employee's program participation; (8) SAP's clinical determination as to whether the employee has demonstrated

successful compliance; (9) Follow-up testing plan; (10) Employee's continuing care needs with specific treatment, aftercare and/or

support group services recommendations; and (11) SAP's telephone number.

A driver may request a copy of all SAP reports however, the follow-up testing information must be removed from the report before providing it to the driver.

DILUTE SPECIMENS When the laboratory receives a specimen for testing, it first performs several tests to be sure that the specimen is normal human urine. One of the tests is for Creatinine, which is a normal metabolic product that is excreted in the urine. If the creatinine is below 20, and the specific gravity of the specimen is below 1.003, the specimen is reported as “Dilute’.

“Dilute” does not imply that the specimen was diluted, but only that both the specific gravity and creatinine are below expected levels. This may occur because the donor normally drinks a large amount of water or if he or she is taking diuretics. It may also occur if the donor is attempting to flush his or her system before providing the specimen.

NEGATIVE DILUTE If the MRO reports that a negative test was dilute, the employer must take the following action:

Creatine Concentration is 2mg/dL ≥ 5mg/dL If the MRO directs a recollection under direct observation, it must be done immediately. Creatine Concentration is 5mg/dL > 20mg/dL The Company will require the driver to resubmit immediately for another test. This test will not be performed under direct observation, unless there is another basis for use of direct observation (see §40.67 (b) and (c)).

If the driver declines to take a test the Company has directed him or her to take under these conditions, the employee has refused the test for purposes of 40 part and DOT agency regulations and the test will be considered a “refusal”.

POSITIVE DILUTE If the MRO reports that a positive test was dilute, the test must be treated as a verified positive test and the driver removed from a safety-sensitive function. REFUSAL TO SUBMIT FOR TESTING In accordance with 49 CFR Part §382.211, no driver shall refuse to submit to a pre-employment controlled substance test required under §382.301, a post-accident alcohol or controlled substance test required under §382.303, a random alcohol or controlled substances test required under §382.305, a reasonable suspicion alcohol or controlled substance test required under §382.307, a return-to-duty alcohol or controlled substances test required under §382.309, or a follow-up alcohol or controlled substance test required under §382.311. No employer shall permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions. Any refusal to submit to an alcohol or controlled substances test shall be deemed a violation of Company Policy and of the Federal Regulations governing controlled substance and/or alcohol testing procedures, and the same consequences will apply as those who have tested positive. A refusal occurs when a driver:

(1) Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer;

(2) Fails to remain at the testing site until the testing process is complete; (3) Fails to provide a urine specimen for any drug test required by this part or DOT

agency regulations; (4) In the case of a directly observed or monitored collection in a drug test, fails to

permit the observation or monitoring of the driver's provision of a specimen;

(5) Fails to provide a sufficient amount of urine when directed and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure;

(6) Fails or declines to take a second test the employer or collector has directed the driver to take;

(7) Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as otherwise directed by federal regulations. In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment;

(8) Fails to cooperate with any part of the testing process (e.g., refuses to empty pockets when so directed by the collector, behaves in a confrontational way that disrupts the collection process); or

(9) Is reported by the MRO as having a verified adulterated or substituted test result. ADULTERATED TEST A specimen that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance. SUBSTITUTED TEST A urine specimen with creatinine and specific gravity values that are so diminished or so divergent that they are not consistent with normal human urine.

ONE-STRIKE POLICY

As part of the Company's commitment to maintaining an alcohol and controlled substance-free workplace, the Company adopts a "one-strike" policy for its motor vehicle drivers. Accordingly, any individual who applies with the Company for a position as a motor vehicle driver and tests positive for controlled substances or alcohol under this policy shall not be hired by the Company or considered for future employment by the Company as a motor vehicle driver, regardless of whether the applicant subsequently completes a substance abuse treatment program. Additionally, any individual who is employed by the Company as a motor vehicle driver and tests positive for controlled substances or alcohol under this policy shall be discharged from employment and shall not be considered for future employment by the Company as a motor vehicle driver, regardless of whether the applicant subsequently completes a substance abuse treatment program.

TWO-STRIKE POLICY The Company has also adopted a “two-strike” policy for its motor vehicle drivers. Respectfully, any individual who has had multiple positive verified results and/or refusals of either a controlled substance or alcohol, regardless of who employed them at the time of the violation, will be ineligible for employment with the Company.

RETENTION OF DRUG & ALCOHOL RECORDS Fox Studio Lot LLC takes security of confidential records very seriously and has numerous protocols in place to ensure the secure transfer and retention of drug & alcohol related documentation. All related records must be kept in accordance with the requirements outlined in §382.401. INQUIRIES FOR ALCOHOL AND CONTROLLED SUBSTANCES INFORMATION FROM PREVIOUS EMPLOYERS (§382.413) Employers must request alcohol and controlled substances information from previous employers in accordance with the requirements of §40.25 of this title, except that the employer must request information from all DOT-regulated employers that employed the driver within the previous 3 years and the scope of the information requested must date back 3 years.

Effective January 6, 2020, employers must use the Drug and Alcohol Clearinghouse in accordance with §382.701(a) to comply with the requirements of §40.25 of this title with respect to FMCSA-regulated employers. State licensing agencies will access the database, and will not issue, renew, upgrade or transfer CDLs of drivers with testing violations. Employers will be required to perform both an initial pre-employment and annual inquiry.

Motor Carriers will be required to report:

• Any positive Drug & Alcohol test results • Refusals to test, including drug tests where the MRO is not involved in making the

determination • “Actual knowledge” (382.107) that a driver has used alcohol or a controlled

substance while on duty, including a traffic citation for DUI/DWI in commercial vehicle

• Negative return-to-duty test results • Completion of follow-up testing plans

Drivers must log in to the Clearinghouse at: www.clearinghouse.fmcsa.dot.gov to:

• Consent to release their information to Motor Carriers (as well as SAP, etc.) o No employer may permit a driver to perform a safety-sensitive function if

the driver refuses to grant the consent required by paragraphs (a) and (b) of 82.703.

• See their own record in the Clearinghouse, and obtain reports for free at any time

• Contest the accuracy of information in the Clearinghouse (excluding test results or refusals), using procedures in 382.17

Drivers must continue to disclose testing violations to employers, when completing applicable forms for Safety Performance History, etc.

EFFECTS OF ALCOHOL & DRUGS ON HEALTH, WORK & PERSONAL LIFE Section 382.60l(b)(11) FMCSR mandates that all employees be provided with training material discussing the effects of alcohol and controlled substance use on an individual's health, work and personal life. The following is intended to help individuals understand the personal consequences of alcohol misuse and controlled substance use.

The hazards of misuse of alcohol and use of controlled substances extend far beyond the individual user. Impaired employees endanger themselves, fellow workers and other users of our roads and highways. Employees with drugs or alcohol in their systems are less productive and more likely to injure themselves or others in an accident. Such employees increase costs due to lost productivity, absenteeism, accidents, loss of trained personnel, increased theft and expenses related to medical costs, treatment and deterrence programs.

EFFECTS OF ALCOHOL

Alcohol remains the number one abused substance among commercial drivers. Accessibility, social acceptance and low costs have allowed alcohol to become the most misused substance in the world. Although used routinely as a beverage for enjoyment, alcohol can have negative physical and mood-altering effects when abused. These physical or mental alterations in a driver may have serious personal and public safety risks.

Signs and symptoms of alcohol use are: lack of coordination, slurred or incoherent speech, impaired judgment, loss of balance, odor of alcohol, tremors, cramps, delirium, loss of appetite, confusion, bloodshot eyes and nausea or vomiting.

Effects on driving when using alcohol are: delayed reaction time, impaired decision making and distorted vision and depth perception.

HEALTH EFFECTS OF ALCOHOL USE An average of three or more servings per day of beer (12 oz.), whiskey (1 oz.), or wine (6 oz.) over time, may result in the following health hazards: • Dependency • Fatal liver diseases • Kidney disease • Pancreatitis • Ulcers • Decreased sexual functions • Increased cancers of the mouth, tongue, pharynx, esophagus, rectum and breast;

malignant melanoma • Spontaneous abortion and neonatal mortality • Birth defects

o Mouth and Esophagus: Alcohol is an Irritant to the delicate linings of the throat and esophagus.

o Stomach and Intestines: This condition, if it becomes acute, can cause peritonitis or perforation of the stomach wall. In the small intestine, alcohol blocks absorption of such substances as thiamin, folic acid, fat, vitamin B1, vitamin B12 and amino acids.

o Bloodstream: 95% of the alcohol taken into the body is absorbed into the blood stream through the lining of the stomach and duodenum. Once in the bloodstream, alcohol quickly goes to every cell and tissue in the body. Alcohol causes red blood cells to clump together in sticky wads, slowing circulation and depriving tissues of oxygen. It also causes anemia by reducing red blood cell production. Alcohol slows the ability of white cells to engulf and destroy bacteria and degenerates the clotting ability of blood platelets.

o Pancreas: Alcohol irritates the cells of the pancreas, causing them to swell, thus blocking the flow of digestive enzymes. The chemicals, unable to enter the small intestine, begin to digest the pancreas, leading to acute hemorrhagic pancreatitis. One out of five patients who develop this disease dies during the first attack. Pancreatitis can destroy the pancreas and cause a lack of insulin thus resulting in diabetes.

o Liver: Alcohol inflames the cells of the liver, causing them to swell and block the tiny canal to the small intestines. This prevents bile from being filtered properly through the liver. Jaundice develops, turning the whites of the eyes and skin yellow. Each drink of alcohol increases the number of live cells destroyed, eventually causing cirrhosis of the liver. This disease is eight times more frequent among alcoholics than among non-alcoholics.

o Heart: Alcohol causes inflammation of the heart muscle. It has a toxic effect on the heart and causes increased amounts of fat to collect, thus disrupting its normal metabolism.

o Urinary Bladder and Kidneys: Alcohol inflames the lining of the urinary bladder making it unable to stretch properly. In the kidneys, alcohol causes increased loss of fluids.

o Sex Glands: Swelling of the prostate gland caused by alcohol interferes with the ability of the male to perform sexually. It also interferes with the ability to climax during intercourse.

o Brain: The most dramatic and noticeable effect of alcohol is on the brain. It depresses brain centers, producing progressive confusion, disorientation, anesthesia, coma, and death. Alcohol kills brain cells and brain damage is permanent. Drinking over a period of time causes loss of memory, judgment and learning ability.

SOCIAL ISSUES • 2/3 of all homicides are committed by people who drink prior to the crime. • 2-3% of the driving population is legally drunk at any one time. This rate doubles at night

and on weekends. • 2/3 of all Americans will be involved in an alcohol-related vehicle accident during their

lifetime. • The separation and divorce rate in families with alcohol dependency problems is 7

times the average.

• 40% of family court cases are alcohol-related. • Alcoholics are 15 times more likely to commit suicide. • More than 60% of burns, 40% of falls, 69% of boating accidents and 76% of private

aircraft accidents are alcohol related. • Over 17,000 fatalities occurred in 1993 in highway accidents that were alcohol-related;

this was 43% of all highway fatalities. • 30,000 people will die each year from alcohol-related liver disease. • 10,000 people will die each year due to alcohol-related brain disease or suicide. • Up to 125,000 people die each year due to alcohol-related conditions or accidents.

WORKPLACE ISSUES • It takes one hour for the average person (150 pounds) to process one serving of alcohol

from the body. • Impairment can be measured with as little as two drinks in the body. • A person who is legally intoxicated is 6 times more likely to have an accident than a

sober person.

EFFECTS OF DRUGS

AMPHETAMINES Amphetamines are central nervous system stimulants that tend to make people "hyper" and "jumpy" and can be taken either orally or injected. They are often used by drivers to stay awake and counteract the effects of drowsiness but they are especially dangerous to take while driving. After taking amphetamines the driver will be awake, however his or her reaction speed, judgment and thought process will remain impaired. The only safe way for the driver to counteract sleepiness is to get sleep. Signs and Symptoms of amphetamine use are: hypersensitivity, loss of appetite,

dilated pupils, excessive talking, teeth grinding, exhaustion, dry mouth and sweating.

Effects on driving when using amphetamines are: overreactions when driving, over-braking, over-acceleration, over-steering, impaired judgment and delayed reaction time.

ECSTASY / MDMA (METHYLENEDIOXYMETHAMPHETAMINE) Ecstasy is a synthetic, psychoactive drug that is chemically similar to the stimulant methamphetamine and the hallucinogen mescaline. MDMA produces feelings of increased energy, euphoria, emotional warmth and distortions in time, perception and tactile experiences. MDMA can also be dangerous to overall health and on rare occasions, lethal. Signs and symptoms of MDMA use are: hyperactivity, increased energy, nausea,

chills, clenching of teeth, muscle tension. Effects on driving when using MDMA are: more likely to take risks while driving,

overreactions when driving, over-braking, over acceleration, over-steering, blurred or distorted vision.

COCAINE Cocaine is a central nervous system stimulant that gives the user an intense feeling of well-being or euphoria and produces a "high" lasting from 10 to 60 minutes. A more potent form of the drug, known as "crack cocaine", is especially addicting and dangerous with a "high" that lasts from 5 to 8 minutes. Cocaine can be snorted, injected and/or free-based. Signs and symptoms of cocaine use are: mood swings or depression, bad breath,

restlessness, irritability, weight loss, uncontrollable sniffing and nose bleeds. Effects on driving when using cocaine are: more aggressive attitude, increased

fatigue, distorted perception, heightened awareness of sounds, distorted vision.

MARIJUANA Marijuana is a depressant which can cause hallucinations. Marijuana can be eaten and/or smoked. Signs and symptoms of marijuana use are: impaired visual tracking, slow reactions,

slow thinking, short term memory loss, inability to sleep, trance-like state, dilated pupils, reduced concentration, odor of burning rope, giddiness and moodiness.

Effects on driving when using marijuana are: delayed reaction time, slow decision making, distorted sense of time and distance, distorted vision and depth perception.

OPIATES Opiates are classified as narcotic analgesics which tend to have a sedating, calming effect and act as a depressant to the central nervous system. Although intended to be calming, some opiates can cause nervousness, nausea and restlessness and, if taken in excess, may cause coma or death. Some examples of opiates are morphine, codeine and heroin. Opiates can be taken orally, injected and/or smoked. Signs and symptoms of opiate use are: cold, moist and/or bluish skin, slurred

speech, memory loss, short attention span, excessive talking, reduced reaction to pain, rapid mood swings, mental confusion, unsteadiness, hostility, drowsiness, impaired judgment and constricted pupils.

Effects on driving when using opiates are: distorted sense of time and distance, distorted vision and lack of concentration (day dreaming).

PHENCYCLIDINE (PCP) PCP was originally developed as a surgical anesthetic and acts as both a depressant, a hallucinogen and sometimes as a stimulant. PCP is abused largely for its variety of mood-altering effects. PCP affects the brain's internal stimuli and alters how users see and deal with their environment. Low doses produce sedation and euphoric mood changes; increased doses produce an excited confused state. Signs and symptoms of PCP use are: thick, slurred speech, severe confusion and

agitation, muscle rigidity, profuse sweating, lack of concentration and memory, extreme mood swings and jerky, involuntary eye movements.

Effects on driving when using PCP are: visual delusions, faulty reflexes, debilitated thinking skills and severe disorientation.

INTERVENTION FOR A SUSPECTED ALCOHOL OR DRUG PROBLEM Alcohol and substance abuse problems are complex and call for specialized supervision. The care and treatment of such a person should be left to professionals. The DOT requires that a driver with a drug or alcohol problem be evaluated by a professional such as a physician, psychologist, substance abuse counselor or others with knowledge of abuse who have clinical experience in the diagnosis and treatment of these disorders.

If you suspect a co-worker may be abusing drugs and/or alcohol, please contact Company management immediately. A driver must not be permitted to drive if he or she is not in a condition to do so, regardless of the reasons or circumstances. Alertness of, and proper response to this type of situation may avoid an accident and save a life.

SOURCES OF HELP AND INFORMATION FOR AN ALCOHOL OR DRUG PROBLEM

• The National Clearinghouse for Alcohol and Drug Information, (800) 729-6686. • The Alcohol & Drug Addiction Resource Center, (800) 390-4056. • Cocaine Helpline, (866) 535-7050. • American Council on Alcoholism, (800) 527-5344.

Information may also be found online by searching for "Alcoholism Information" or "Drug Abuse and Addiction Information".

Other potential resources include: Council on Alcoholism, Council on Alcohol and Drugs, Alcoholics Anonymous (AA) and Narcotics Anonymous (NA).