LETTER AGREEMENTNo.

Pacific Gas and Electric CompanyIndustrial Relations Department215 Market StreetSan Francisco, California 94106[415] 973-1125

International Brotherhood of8ectrical Workers, AFl-CIO

local Union 1245,IBEWP.O. Box 4790

Walnut Creek, California 94596[415] 933-6060

Local Union No. 1245International Brotherhood of

Electric Workers, AFL-CIOP.O. Box 4790Walnut Creek, CA 94596

This letter cancels and supersedes the letter dated January 4,1991 on the same subject.Attached is the Drug-free Pipeline Program and a list ofunderstandings reached by the parties.If you are in accord with the foregoing and agree thereto,please so indicate in the space provided below and return oneexecuted copy of this letter to the Company.

LOCAL UNION NO. 1245,INTERNATIONAL BROTHERHOOD OFELECTRICAL WORKERS AFL-CIO

\M.-.k L'-, 199"

1. Establish a Labor-Management Committee to review and auditthe Drug Free Pipeline Program. It will meet on a quarterlybasis. ~

2. Company will meet and confer with Union on the selection ofHHS-certified laboratories and Medical Review Officers usedin the Drug Free Pipeline Program.

3. Substances will be added to the panel for testing only withagreement of the parties or as required by DOT Guidelinesfollowing discussions between the parties.

4. Employees will have the option to be informed in writing ofnegative test results if requested on the chain of custodyform.

5. At the time of chemical testing, employees shall be informedin writing of their Shop Steward representation rights.Employees shall have the right to a Shop Steward under thefollowing conditions:

A. Prior to a reasonable cause test (during discussionwith management).

B. Prior to an interview with the Medical Review Officer.

C. Prior to a discussion to determine a rehabilitationprogram following a verified positive.

6. An employee who has self-referred to EAP and has beenfollowing EAP's recommended course of treatment will not beput into the First Time Offender pol!Cy_restrictio~.if theyshould test "verified" positive for a dx;ug within the 30-dayperiod after April 20, 1990. They will, however, be required _to complete MRO recommended rehabilitation andpost-rehabilitation testing. .

7. An employee who has a second verified positive test forillegal drugs, where no on-the-job impairment is apparent,will be considered eligible for rehire with evidence ofcompletion of an acceptable rehabilitation program.

8. An employee in a covered position who tests positive thesecond time for illegal drugs when there was no on-the-jobimpairment evident, will be given another opportunity forrehabilitation if they had previously self-referred to EAPand were following EAP's recommended course of treatment inthe prior 30 days. A subsequent positive test on thisemployee will result in discharge.

9. If 60 months have elapsed since a verified positive testoccurred that did not involve on-the-job impairment andthere have been no further positive tests, the firstpositive test will not be used to support action on a futurepositive test that might result.

10. Union may request reanalysis of a specimen if it is an issuein the grievance procedure.

11. Information provided to the MRO or EAP by the employee willbe released by the MRO EAP only as it relates to issuesraised in the grievance procedure or on accidentinvestigations.

1. Employees to be covered under these guidelines areconsidered to be any person who performs on a pipeline(transmission and/or distribution facilities), anyoperating, maintenance or emergency response functionsas regulated by D.O.T. under Part 192, 193, or 195, andpertains to employees performing functions directlyrelated to the pipeline safety regulations.

2. This does not include employees involved with clerical,truck driving, accounting or any other functions notregulated by Part 192, 193, or 195.

3. This does not apply to employees who perform design orconstruction functions regulated by Part 192, 193, or195. These functions are either subject to varyinglevels of reviews or the facilities are subjected tovarious types of qualification tests before they are putinto operation.

4. Both management and bargaining unit employees onrotational assignments may occasionally fall within thelegal definition of a covered employee, depending uponactual work assignment.

5. Contract workers are included when they are engaged incovered work as defined by 49CFR, paragraph 149. Theymay meet these guidelines by implementing their ownprogram which meets the DOT's and the Company'srequirements.

6. The following is a listing by Business Unit and jobclassification of those positions ~ho will be subject torandom testing:

Apprentice Gas TechnicianApprentice WelderBackhoe OperatorCarpenter ACarpenter BCarpenter CCrane OperatorMiscellaneous Equipment Operator AMiscellaneous Equipment Operator BField Engineer TechnicianField Engineer ESeGas Technician

HelperLarge Pipe WrapperSpecial DriverSenior Field Engineer TechnicianStreet FitterTechnician Subforeman ATechnician Subforeman BTractor Operator ATractor Operator BTrencher OperatorTruck Driver HeavyTruck DriverWelderWorking Foreman AWorking Foreman BWorking Foreman C

ManagerSuperintendentGeneral ForemanArea ForemanTechnical ForemanInspector ASafety Coordinator

Supervising Gas Trans. Tech.Gas Transmission Tech.Gas Control MechanicApprentice Gas Control MechanicUnassigned Gas Control MechanicMechanic-WelderTrans. MechanicMachinistApprentice Trans. MechanicUnassigned Trans. MechanicHelperUtility Helper

PL Mechanic/Line MechanicCorrosion MechanicMaintenance AssistantLead Compo MechanicCompressor MechanicApprentice Compo MechanicUnassigned Compo MechanicM&C MechanicApprentice M&C MechanicUnassigned M&C MechanicField MetermanOrifice MetermanSenior Gas Trans. OperatorGas Trans. OperatorGas Supply CoordinatorOperator MechanicGas Control TechnicianMaintenance ManUtility Leadman (Topock)MANAGEMENT PERSONNEL

Area ManagerSuperintendentSuperintendent of Tran. and ColI.Senior Gas EngineerGas EngineerDistrict ForemanMaintenance SpecialistMaintenance SupervisorOperations SupervisorTech. Mtce. SupervisorChief Gas DispatcherAssistant Chief Gas DispatcherSenior Gas DispatcherGas DispatcherAssistant Gas DispatcherT&R SupervisorTransmission and Regulation ForemanOperations SuperintendentSupervising Gas Resvs. EngineerDistrict SuperintendentTech. AnalystTech. AssistantResvs. EngineerSr. Resvs. EngineerCoordinator (Gas Control)

Gas Crew Foreman (Welding)Gas Crew ForemanGas MechanicFitterUnassigned FitterApprentice FitterFitter - ArcHeavy Equipment OperatorEquipment OperatorFieldmanHeavy Truck DriverHelperUtility Underground InstallerUnderground InstallerUnderground Construction JourneYmanTroubleman (assigned gas service work)Service MechanicServicemanServiceman, UtilityReserve Gas ServicemanChartmanService OperatorRelief Service OperatorGas Control TechnicianM&C MechanicUnassigned M&C MechanicApprentice M&C MechanicCorrosion MechanicOrifice MetermanField MetermanPressure OperatorRelief Pressure OperatorCompressor Engineer

**Associate Distribution Engineer (ADE)

Gas and Electric Operations Manager**Distribution Planning Supervisor**Senior/Gas Distribution Engineer**Senior/Gas Distribution Planning Engineer**Division Gas Engineer

Division Service SuperintendentGas Service Superintendent/Spl.Chief Service OperatorService ForemanGeneral ForemanConstruction SupervisorOperating Supervisor

*T&R Supervisor**Other Division Gas Supervisors**Region Gas Manager**Region Gas Engineer**Region Gas Service Superintendent

Region Superintendent of Gas Operations*T&R Foreman (Load Center)*T&R Supervisor (Load Center)*T&R Superintendent (Load Center)

Gas Plant Foreman (Load Center)Operations Supervisor (Load Center)

**All Other Region Gas Supervisors

1. PG&E, as "operator", is responsible for ensuring thatcontractors, subcontractors, and vendors are aware of,and comply with, provisions of 49 CFR Part 199, Controlof Drug Use in Natural Gas Pipeline Operations.

2. PG&E's policy is applicable only when the contractor isengaged in "covered" work as defined by 49 CFR Part 199,which is maintenance, operations and/or emergencyresponse. If the work being done by the contractor isqualifying the pipeline for operation or the contractoris working in a pipeline that is gassed up andconsidered "hot", they could be performing covered work.

Examples of covered work include without limitation thefollowing:

o Leak Surveyo Cathodic Protectiono Radiographing Pipeline Repairso Pressure Qualifying Tests (air, water)o Air Patrolso "Hot Tie-In" Work

3. Contractors are required to establish, maintain, andcertify to PG&E that they observe the requirements ofthe DOT regulations.

4. Contractors will certify to PG&E that the Company, CPUC,and other appropriate agencies, will be given auditaccess to the contractor's records for establishingcompliance to DOT regulations.

5. If a contractor does not comply with the provisions ofthe contract or does not have a viab~ drug pr~ve~~ionprogram as specified by the DOT regulations, PG&E wi~ldeclare the contractor not qualified.

6. Should questions arise with regard to contractorsqualifications with regard to the DOT regulations,contact the contract administrator within each BusinessUnit, or the Program Coordinator.

1. Applicants for covered positions governed under D.O.T.regulations for drug testing will be provided with asummary of the policy at the time application is made.Also, they shall be informed of the testing required byPG&E's pre-emploYment Drug and Alcohol examination.These testing requirements will result in two testsbeing conducted for a new hire. ---

2. Applicants will be asked if they have previously beentested for D.O.T. requirements and what the resultswere, either positive or negative. Then they must signa form which states they acknowledge and understand theD.O.T. requirements.

3. At the time a job is extended to an applicant, theoffer must be made contingent upon passing the D.O.T.required test and any other Company paid prerequisites(i.e., pre-emploYment physical; PG&E's Alcohol/Drugscreening; pre-emploYment written test, if any).

4. The Human Resources Representative will make anappointment for the collection of the specimens fortesting.

5. The Human Resources Representative shall provide theselected collection site facility with the following:

o Both the PG&E Pre-EmploYment Drug and Alcohol testand the D.O.T. drug test forms.

o Supplies related to urine samples (caps ..from· vials ,evidence tape, labels for sample vials, maii~rcartons, optional plastic bags for sample vials,etc.) and a postage-paid courier envelope(s) fortransportation of samples to the laboratory willhave been supplied to the contract collector aheadof time.

6. The PG&E pre-emploYment test for Alcohol and Drugs andthe D.O.T. drug test will both be used to determine ifthe prospective applicant should be hired.

7. A prospective applicant who has a "verified" positivedrug test is not eligible for hire.

1. Employees wishing to transfer from a non-coveredposition to a covered position will be required totake and pass the required D.O.T. drug test only.This testing will occur when the job offer isextended.

2. Employees already in a covered position transferringto another covered position are not required to takethe D.O.T. drug test.

3. Transfer candidates who test negative will benotified as well as their transferring HumanResources Department so the transfer process can beconcluded. The notification of negative resultswill be handled by the MRO's office through theProgram Coordinator.

4. Transfer candidates who test positive will becontacted by the Medical Review Officer to discussresults.

5. MRO will contact the Program Coordinator to concludethe transfer request which at this t~e would berejected for an employee testing positive.Transfer employees who test positive will berequired to complete a rehabilitation program andpost-rehabilitation testing as prescribed: by theMRO. This will not be considered· as ••.a first t~epositive test under the First Time Offender policy.Another positive test when the employee is not in acovered.position will 'put the employee:"in ,:the.'First'.Time offender.Program~· ',:' '" ';,>:/'," ,.~,";';C

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."An employee who ·tests,positiVe\during a subsequentJ:':" ''.attempt,#-~oi"tr~f~rian~o:::;a'cove'red/posi~on:,'or>after",-they>h&veValready:;beeri'~.awarded::::a:~'job"and"'are in::a 'j ....",

':-covered \:pOsition,+willJ;£beconsidered',to. have two ''verified7,positivetests',and?will':be~discharged.,,' ."

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Employees who test positive the first time during atransfer request can be returned to their existingposition upon authorization by the MRO.- This couldbe during their rehabilitation program.

*For purposes of this section "transfers" include employeesbidding, demoted, or displaced into covered positions.

1. The Department of Transportation (DOT), 49 CFR, Part 199,requires testing of any employee(s) whose performanceeither directly or indirectly may have contributed to anaccident or incident. The employee should be tested assoon as possible, but no later than 32 consecutive hoursafter the accident.

2. The immediate management supervisor shall compile a listof those employee(s) to be tested.

3. An "accident" on a gas pipeline is defined as an"incident" (DOT, 49 CFR, 191.3); or,

3.1 An event that involves the release of gas from apipeline AND;

3.2 The death, or personal injury necessitatinginpatient hospitalization; or property damage of$50,000 or more; OR

3.3 An event that is significant, in the judgement ofthe operator, i.e., management/investigativepersonnel, even though it does not meet the criteriaof 3.1 and 3.2 of this section. This must be areportable incident under Part 191 or applicableCPUC requirements.

4. The employee list and reasons for testing may be reviewedwith another management supervisor of equal or higherauthority if possible. The supervisor shall confirm thatthe employee list is valid and those noted on said listshall be drug tested. The supervisor(s) shall notify theappropriate Company Representative,:ang a post~acc.identdrug test will be scheduled and conducted in compliancewith DOT, 49 CFR, Part 199.

5. Where all employees are conscious and not hospitalizedthe Company Representative shall immediately contact thedesignated collection site facility where testing will beconducted. If an employee is conscious, buthospitalized, the Company Representative shall requestthe hospital, or medical facility, to obtain the urinesample as identified in DOT Guideline(s). The CompanyRepresentative shall provide the facility with a copy ofthe DOT collection procedure(s), supplies, materials, andrelevant required forms. If the medical care providerrefuses to take a specimen, the Company Representativeshall thoroughly document the attempts made to obtain thespecimen, including the names and titles of all hospitalpersonnel contacted, and shall contact the ProgramCoordinator to determine if an alternative specimencollection service can be obtained within the 32 hourlimit, if authorized by the treating physician.

6. In an exceptional event where the employee to be testedis unconscious and hospitalized, the medical careprovider will make a medical evaluation to determine if aspecimen can be collected. If the medical care providerrefuses to take a specimen, the Company Representativeshall thoroughly document the attempts made to obtain thespecimen, including the names and titles of all hospitalpersonnel contacted.

7. The Company Representative will notify the immediatesupervisor(s) of the test schedule/location for eachemployee to be tested.

8. A management supervisor will accompany the employee(s) tothe collection facility (i.e., approved medical careprovider) where the test and the custody transfer formwill be completed.

9. If an employee subject to post-accident testing isconscious, able to urinate normally (in the opinion of amedical professional), and refuses to be tested, theexempt supervisor will take immediate steps to remove theemployee from duty as defined in Appendix J.

10. Employee(s) whose test is "verified" positive shall beremoved from their covered position and be consideredunder the First Time Offender policy. Upon receipt ofthe test results, the Human Resources Department shallnotify the supervisor that the employee will be off formedical reasons. The employee cannot be returned to dutyuntil released by the MRO. The MRO may release theemployee while they are still in a rehabilitationprogram.

Reasonable Cause Testing

1. An exempt supervisor who suspects drug use by an employeemay require that the D.O.T. drug test be administered.The decision to test must be based on a reasonable andarticulable belief that the employee is using aprohibited drug on the basis of specific, contemporaneousphysical, behavioral, or performance indicators ofprobable drug use. When a second exempt supervisor is atthe site, a second observation will be made. One of theobserving exempt supervisors must have received Companytraining on the detection of possible drug use. Bothexempt supervisors will substantiate and concur in thedecision.

2. If a decision to test is made, the employee's immediateexempt supervisor w~ll coptact the Company Representativeto make arrangements for the test.

3. The exempt supervisor may remove the employee fromcovered duties pending the test if, in the opinion ofboth reviewing exempt supervisors, the employee'sphysical condition or behavior pose an immediate safetyproblem. The exempt supervisor has the authority torequire the DOT drug test, but it is a doctor whodetermines whether or not the employee can be releasedback to work pending the test results.

4. The Company Representative will make the necessaryarrangements with the designated collection site facilityand will notify the immediate supervisor of the time andplace the employee must report to for testing.

5. An exempt supervisor will accompany_the employee to theCollection Site Facility (an approved physician, ~.e.,panel physician).

6. If an employee refuses to be tested, the immediatesupervisor will take immediate steps to remove theemployee from duty, and they will be treated as if theywere a "verified positive" as defined in Appendix J.

7. Employees whose test is "verified" positive shall beremoved from their covered position and considered to beunder the First Time Offender program. Upon receipt ofthe test results, the Human Resources Department shallnotify the supervisor that the employee will be off formedical reasons. The employee cannot be returned to dutyuntil released by the MRO. The MRO may release theemployee while they are still enrolled in arehabilitation program.

1. A designated Company representative for each BusinessUnit will maintain a list of all classifications subjectto random drug testing, along with a list of all currentregular and temporary employees in theseclassifications.

2. The separate listings from each Business Unit will becombined into one main listing containing all of theclassifications subject to random drug testing.

3. Five percent of the employees from this list will berandomly selected each month. The selection processwill utilize a random number generator within acomputer.

4. To meet DOT random requirements the covered employeeswill be subject to selection each month even though theymay have been previously selected.

5. The selections will be grouped by site, classification,employee name, and sex.

6. The monthly list of employees to be tested will be sentconfidentially to the contracted specimen collector.The collector will also be given the name of a CompanyRepresentative to contact at each site.

7. The contracted specimen collector will' schedule thetesting such that all the monthly collections arecompleted within that month.

8. Company employees will not be awar~ of the collector'sschedule. The Human Resources RepDesentative.wiLl·benotified by the collector during the working day priorto testing.

9. The collection contractor will notify the appropriateimmediate supervisors on the day of testing whenemployees under their supervision have been selected fora random drug test. .

10. The immediate exempt supervisor or a designatedalternate will make notifications to employees alongwith the reporting time and location. In general,notification shall precede testing by no more than twohours.

11. If necessary, the immediate exempt supervisor willreport back to the Company Representative if anindividual is unavailable at that time for legitimatereason (e.g., sick, day off, vacation, transferred toanother shift, etc.).

The immediate exempt supervisor will provide theemployee with the "Random Drug Testing Program ChecklistFor Employees" form and request they complete allnecessary paperwork.

The employee will take the pre-test informative form tothe collection site facility.

The designated testing lab will be responsible forreporting back to the Program Coordinator the number oftests administered to assure that the D.O.T. minimum of50 percent of the work force is tested within a 12-monthperiod.

An employee who has a verified positive drug test resultwill be immediately removed from their workresponsibility and be considered as a first timeoffender under the First Time Offender program. Theywill be required to complete the required rehabilitationprogram as specified by the MRO. At the MRO'sdiscretion, they can return to work while completing therehabilitation program's requirements.

Post-Rehabilitation Testing

1. The Company representative will obtain recommendationsfrom the Medical Review Officer (MRO) for the durationand frequency of post-rehabilitation drug testing foremployees returned to duty upon completion ofrehabilitation. The duration will not exceed 60 months.

2. The Company representative will schedulepost-rehabilitation testing, in addition to randomtesting, for rehabilitated employees and will notify theimmediate supervisor of the appointment and location forcollection.

3. The immediate exempt supervisor or a designated alternatewill notify the employee of the testing along with thereporting time and location. In general, notificationshall precede testing by no more than two hours.

4. If necessary, the immediate exempt supervisor will reportback to the Company representative to reschedule anappointment if an individual is unavailable at that timefor legitimate reason (e.g., sick, day off, vacation,transferred to another shift, etc.).

5. If an employee does not arrive at the designatedcollection site at the appointed time the collection siteperson will notify the Company representative, who willinvestigate and, if necessary, take appropriate action.The employee may be subject to disciplinary action up toand including discharge if the reason for failure toarrive at the designated time is not acceptable. Theemployee will still be required to provide a specimen.

6. If it is necessary to reschedule an ~ndividual- for--testing due to a legitimate reason, the Company -,--representative will advise the immediate exemptsupervisor of the new appointment time.

1. The Medical Review Officer (MRO) is a licensed physicianresponsible for receiving laboratory results generated byan employer's drug testing program. He or she hasknowledge of substance abuse disorders and hasappropriate medical training to interpret and evaluate anindividual's confirmed positive test results togetherwith his or her medical history and any other relevantbiomedical information. The following information is tobe provided to the Medical Review Officer (MRO):

A. The HHS-certified laboratory shall report testresults, for each specimen only to the Medical ReviewOfficer (MRO). They shall be provided within 5working days of receipt of the specimen at thelaboratory. Th~ report for each specimen shallinclude the following information:

6. Oualitative test result for each substance:"positive" if above cut off level;"negative" if below cut off level.

B. The HHS-certified laboratory also shall send only tothe MRO a certified copy of the~riginal Chain-ofCustody Form attesting to the validity of the testreport fo~ each specimen. The Chain of Custody Formand a copy of the test report shall be attached toeach other in a single submittal.

C. The HHS-certified laboratory shall send on the sameday, whenever possible, the test reports and Chain ofCustody Forms for all specimens that were received ona single day.

A. The MRO must review and evaluate all "positive" testresults, as described in Section 4, prior tonotifying the Program Coordinator.

B. Any "positive" test result received from thelaboratory shall be considered a "confirmed positive"test until the MRO has completed his/her evaluation.If the MRO determines that the result is positive,only then shall the result be considered to be

."verified posi tive" . A confirmed posi tive willrequire an interview process as described inParagraph 3A.

c. Prior to notifying the Program Coordinator of averified positive test result the MRO must notify theindividual who was tested positive.

D. The MRO must notify immediately the ProgramCoordinator if he/she determines that the individualpresents a threat to his/her own safety or the safetyof others (consistent with current legal and ethicalobligations of medical professionals).

E. Upon receipt of urine specimen test results from theHHS-certified laboratory, the MRO shall review andevaluate all positive test results and report to theProgram Coordinator test results (positive ~ndnegative) within 10 days of the initial screeningperformed at the HHS-certified laboratory.

F. The MRO shall notify the Program Coo~9inator of allnegative and verified positive test results.

G. All reporting and notification to PG&E management bythe MRO shall be made to the Program Coordinator.

A. The main element in the review and-evaluation·~f apositive test result received by the MRO from "thelaboratory is a confidential interview by the MROwith the individual who tested positive in order toexamine possible alternate medical explanations forthe positive test result.

B. The MRO shall contact the individual at the contactspecified on the Chain of Custody Form, inform theindividual of the positive result, and provide for anopportunity to discuss the result confidentially. Ifnecessary, the MRO will make arrangements for amutually agreeable meeting (location, date and time)within no more than five calendar days. The employeeand the MRO are encouraged to meet as soon as ispossible. If the employee decides to visit the MROduring work hours, and so notifies his supervisor, itwill be on Company time. If the employee elects not

to notify his supervisor that he is seeing the MRO,the time off will be shown as a doctors appointmentand he will be allowed to take sick leave. Anymeetings outside of the employees normal work hourswill be on personal time.

C. The MRO shall request the individual to makeavailable any prescription for medication he/she hastaken within the last 30 days, includingprescriptions not made out in the individual's name(e.g., prescriptions for relatives that were taken bythe individual).

D. During the interview the MRO shall inquire about theindividual's medical history, use of legal andillegal drugs, and other biomedical factors. The MROshall review and consider medical records and otherinformation made available by the individual todetermine if the positive test result could haveresulted from legally prescribed medication or can beexplained on another basis.

E. In addition, for a positive test result for opiatesthe MRO shall determine during the interview if thereis clinical evidence (in addition to the urinespecimen test) of an unauthorized use of any opium,opiate, or opium derivatives (e.g., morphine orcodeine). Clinical signs of abuse include recentneedle tracks or behavioral and psychological signsof acute opiate intoxication or withdrawal. Thisrequirement does not apply if the confirmatorytesting by gas chromatograph/mass spectroscopy foropiates confirms the presence ofsix-monoacetylmorphine.

A. The MRO shall determine if further information orverification is required to reach a "verifiedpositive" determination. This additional informationcan include consultation with the individual'sphysician or a reanalysis of the initial specimen ifthere is any question regarding the accuracy orvalidity of the positive test result. The MRO shallrequest the assistance, as needed, of theHHS-certified laboratory and other qualifiedindividuals.

B. If the MRO determines that a positive test result fordrugs can be attributed to the use of DOT prohibiteddrugs not prescribed to the individual (e.g.,prescription drugs for relatives), in such cases theMRO shall declare the test result as "verifiedpositive".

The MRO shall also authorize a reanalysis of theinitial specimen if he/she deems necessary tocomplete the analysis.

D. In his/her evaluation and interpretation of thepositive test result from the laboratory the MROshall not consider the results of any tests that werenot obtained or processed in accordance with the PG&EDrug Testing Program.

E. Within one day of receipt of all availableinformation on the positive test result (i.e., testreport, Chain of Custody Form, interview information,both verbal and documents, etc., reanalysis of testresults, if applicable, consultation with physician)the MRO must determine, if the test result is"verified positive" or "negative" in accordance withthe following guide lines:

1. The MRO determines that there is a legitimateexplanation for the positive test results andthe use of substance, as identified through thetesting. In this case the MRO shall declare thetest result as negative, record the result asnegative in the individual's file, and reportthe result as negative to Program Coordinator.

2. The MRO determines that the positive result ofthe specimen is scientifically insufficient forfurther action. In this case the MRO shalldeclare the test result as negative, record theresult as negative in the individual's file, andreport the result as negative to the ProgramCoordinator, indicating th~t the negativedetermination is based on ~e_result beinq-scientifically insufficient. ~--

a. The Program Coordinator shall maintainrecords that summarize any negative findingsbased on scientific insufficiency.

b. In order to declare a test result as negativeon the basis of being "scientificallyinsufficient" the MRO must have consideredall available information as described inSections 3 and 4.

c. The MRO determines that the test result ispositive and therefore declares the test as"verified positive". The individual did notpresent any or inadequate information toexplain the results. The MRO shall recordthe result as "verified positive" in theindividual's file, and report the result as"verified positive" to the ProgramCoordinator.

F. In the case of a verified positive test, the MRO mustalso assess the individual's immediate fitness forduty and determine the individual's work status.

G. The MRO shall notify the Program Coordinator of all"verified" positive test results. The ProgramCoordinator will notify the respective HumanResources Department who will in turn notify theemployee (the supervisor will be informed that theemployee is off work for medical reasons).

H. Once the employee is notified by the Company of averified positive he/she must contact the MRO withinone work day to begin discussion of rehabilitationprograms. During that time, the employee may consultwith their shop steward, and EAP or an alternativesource.

I. If the employee chooses rehabilitation, he or shewill have a further discussion with the MRO todevelop a rehabilitation program, includingconsideration of the employee's medical coverage,various program/provider options consistent with therehabilitation requirements normally prescribed bythe MRO for similar test result:ev~luations, ~d anypersonal or financial issues presented by the .,-employee.

J. The MRO will then specify a rehabilitation programwhich will be communicated through the ProgramCoordinator to the employee"s Human ResourcesRepresentative.

K. During rehabilitation, EAP will monitor compliancewith the treatment plan and will notify the MRO whentreatment is completed.

A. The MRO shall perform, at the request of the EAPCounselor, a medical evaluation of an individual todetermine his/her fitness for duty within the scopeof the Drug Test Program and to make a recommendationregarding the individual's return to work status.

Such evaluation must be made prior to thereinstatement to their normal job duties.

The MRO shall consider in the evaluation, asapplicable, the results of the individual'srehabilitation program (to be provided by theEmployee Assistance Program Counselor) and of anyfollow-up testing performed within the scope of thisprogram. The MRO shall perform, as deemed necessary,an interview with the individual.

The MRO shall notify the Program Coordinator ofhis/her determination and recommendation byconfidential correspondence.

A. The MRO shall request from the HHS-certifiedlaboratory quantitation of test results on positivetests. The MRO shall not disclose quantitation oftest results for an individual to the ProgramCoordinator or other PG&E personnel or managementunless required in a formal appeals process by theindividual.

B. The MRO shall provide quantitation of test results tothe Program Coordinator Manager without anyinformation that_potentially could identify anindividual (name, number, date, etc.) as is needed tocompile statistical summaries for program evaluation.

C. The MRO shall provide quantitation of test results tothe individual if he/she submits a written request tothe MRO.

A. The HHS-certified laboratory shall transmit any testresult to the MRO in a manner that ensures theconfidentiality of the information. Results shall notbe provided verbally by telephone from the laboratoryto the MRO. The transmittal by various electronicmeans (e.g., teleprinters, facsimile or computer) isacceptable, however, the sender shall clearly markthe transmittal as confidential and ensure that thetransmittal is confidential (e.g., inform the MRO byphone immediately prior to the forthcomingtransmittal).

B. Any information transmitted by U.S. Mail or courierservice must be clearly identified as confidentialand to be opened by addressee only.

C. The MRO shall inform the Program Coordinator of anytest result (both positive and negative) in a mannerthat ensures the confidentiality of the information.If the information is provided verbally by telephonethe MRO shall first inform the recipient that thesubject to be discussed involves confidentialinformation. The Program Coordinator shall notreceive such information over a speaker phone orwhile other persons are in the vicinity. The Companywill receive only the following information specificto an individual from the MRO interview:

o Negative Test Resultso Positive Test Resultso Rehabilitation Program Recommendationso Expected Date of Return to Work

D. Information provided to the MRO by the employeeduring the interview will be released by the MRO onlyas it relates to issues raised in the grievanceprocedure.

E. Any test result or information that was transmittedverbally (by phone or in direct conversation) shallalso be documented by follow-up letter or memorandumclearly marked confidential.

F. The MRO shall conduct his/her interaction with anindividual, in a confidential manner and maintain anyrecords confidentially.

1. The Medical Review Officer (MRO) shall notify the ProgramCoordinator of all "verified" positive tests.

2. The Program Coordinator shall promptly notify theresponsible Human Resources Manager to have the employeeremoved from his/her work responsibilities.

3. Upon notification from the Program Coordinator, the HRManager will work with the exempt supervisor to promptlyremove the tested individual from his/her workresponsibilities. If the employee qualifies for the"First Time Offender Program", they will be sent homepending startup of a rehabilitation program. If alreadyoff duty, the individual will remain off duty until arehabilitation program commences.

4. An employee who is unable to perform his/her normal workduties because they have been removed due to a verifiedpositive test, will be placed, at their option, on paidsick leave or vacation, if available, or unpaid leave.

5. The individual will be reinstated to full job duties uponapproval of the MRO. This could occur while an employeeis in a rehabilitation program or after the successfulcompletion of one. After the rehabilitation program, theemployee will be required to have randompost-rehabilitation specimen analysis for up to 60 months.

6. If an employee does not agree to the MRO's decision of averified positive test, he/she can request that the MROauthorize the lab to conduct another analysis of theoriginal specimen or an analysis of the second part of the"split sample" being held by the labd):'atory. This ..analysis will be performed by another PG&E contractedlaboratory. The specimen is tested for the presence ofthe drug(s) for which a positive result was obtained inthe test of the first part. The results of this test aretransmitted to the MRO without regard to the cutoff valuesstipulated in the DOT regulations. The MRO shall honorsuch request if it is made within 72" hours of theemployee's having actual notice that he or she testedpositive.

7. If the results of the test on the second part of the"split sample" are positive, the "verified positive" testresult is validated and the employee will be required tofollow the Medical Review Officer's instructions.

8. If the results of the test on the second part of the"split sample" are negative, the "verified positive" testwill be changed to a negative test result and reported tothe Program Coordinator.

9. The cost of the analysis of the second part of the "splitsample" will be borne by the employee only if the secondtest verifies the presence of the drug(s) for which apositive result was obtained in the test of the firstpart. The employee will be reimbursed for such expense ifthe re-analysis is negative.

10. Testing of an additional urine specimen is not authorizedby the D.O.T. regulations and, therefore, will not beallowed.

1. If the employee refuses to provide a test specimen (betested) or willfully fails to follow test procedurescausing the test to be invalid, the exempt supervisor willimmediately remove the employee from their workresponsibility for insubordination and their refusal willbe treated as if they had a "verified" positive test. Theemployee will be required to cooperate with the MRO,follow his instructions, and comply with the treatmentrecommendations and be subject to post rehabilitationtesting. Failure to follow the above MRO requirementswill result in discharge.

2. If the employee willfully tampers with the test specimen,the exempt supervisor will remove the individual fromtheir work responsibility and the employee will bedischarged.

1. The laboratory used for performing testing of the urinespecimen must be certified by the Department of Health andHuman Services (DHHS) and the National Institute on DrugAbuse (NIDA).

2. Blind performance test specimens shall be submitted to thetesting laboratory to insure its continued certificationby DHHS/NIDA.

3. The following is a listing of DHHS/NIDA certifiedlaboratories in California.

A. AMERICAN BIOTEST LABORATORIES, INC.3350 Scott Boulevard, Building 15Santa Clara, CA 95054(408) 727-5525

B. COMPUCHEM LABORATORIES, INC., WESTERN DIVISION600 West North Market BoulevardSacramento, CA 95834(916) 923-0840

C. LABORATORY SPECIALISTS, INC.P.O. Box 4350Woodland Hills, CA 91365(818) 781-0115

D. NICHOLS INSTITUTE SUBSTANCE ABUSE TESTING (NISAT)8985 Balboa AvenueSan Diego, CA 92123(800) 642-4657/(714) 661-8000

E. PHARMCHEM LABORATORIES, INC.1505-A O'Brien DriveMenlo Park, CA 94025(800) 446-5177/(415) 328-6200

F. POISONLAB, INC.7272 Clairemont Mesa RoadSan Diego, CA 92111(619) 279-2600

4. The ENCON, Distribution, and Gas Supply Business Unitswill be contracting the specimen laboratory analysis toone of the laboratories listed in Paragraph 3.

A. EAP will participate in training supervision toimplement DOT regulations. All affected supervisorswill be trained prior to start up, and on an ongoingbasis. The training will focus on 1) behavioralobservation: how to recognize when a problem existsand how to take appropriate action when necessary,2) information about drugs targeted in DOT, chemicaldependency treatment, and recovery from the addictionprocess. The use of the DOT Regulation Guidebook,Company Policy, EAP and HR resources will bereviewed.

B. EAP will continue to give updated chemical dependencytrainings to employees. The objectives will focus onprevention and treatment options in addition topolicy updates from HR.

The MRO will contact EAP on all verified positives with arecommendation for specific treatment. EAP will 1) helpthe employee access MRO-recommended treatment services,2) monitor their employees' progress through the treatmentprovider, and 3) notify the MRO upon treatment completion.

EAP staff will provide guidance and information tQ thecompany in areas of EAP expertise.

The Employee Assistance Program will continue to operatewithin its usual scope of business (standard Practice722.1-1) and provide crisis intervention, assessment andreferral, supervisory consultation, training, andcoordination with the medical community.

1. Accurate documentation is essential to facilitate periodicanalyses and audits. This information will enable theCompany, CPUC and any other appropriate agencies toevaluate the effectiveness of the Company's establishedprogram.

2. With the exception of training records, all drug testingrecords and files are considered confidential. Employeerecords shall be stored in a secure location and shall notbe made a part of the employee's 701 file.

3. Any employee who is the subject of a drug test conductedhereunder shall, in accordance with Part 40.37 and uponwritten request to the Program Coordinator, have access toany records relating to his or her drug test and anyrecords relating to the results of any relevantcertification, review, or revocation-of-certificationproceedings concerning the laboratory which tested his orher specimen(s). The employee will be given access toPG&E's records in the Program Coordinator's office uponreasonable notice in writing. Only the copies of theMRO's determination will be sent to the employee by mailor confidential fax.

4. With the exception of the testing laboratory, MedicalReview Officer, and the Program Coordinator, results ofindividual drug tests may not be released without expresswritten authorization of the tested individual, exceptupon written request of the Research and Special ProgramsAdministrator (RSPA) or the State Agency Officials as partof a post-accident investigation.

5. An individual's drug test and rehabiLitation records-maynot be released to a subsequent employer without thatindividual's written consent.

6. The Program Coordinator is responsible for ensuringrespectively that:

A. Records showing an employee passed a drug test areretained for at least one year.

B. Records demonstrating that the collection processconforms to DOT regulations are retained for at leastthree years.

C. A record of the number of employees tested by type oftest (e.g., post-accident) is retained for at leastfive years.

D. Records documenting confirmed positive test resultsthat received the concurrence of the Medical ReviewOfficer and related personnel actions (e.g.,rehabilitation, termination, etc.) are retained forat least five years.

E. Statistical information regarding the status of theCompany's program is compiled and submitted toCorporate Human Resources on a regular basis.

F. Records containing copies of training materials andconfirming that supervisors and employees have beentrained as required by DOT regulations are retainedfor at least three years.

G. Audit records and statistical information regardingthe status of the Company's program are developed andproperly maintained. Audit records shall be retainedfor at least three years. Statistical informationgenerated may include:

1. The number of employees tested by type of test.

2. The number of employees who passed a drug test.

3. The number of employees who failed a drug test bytype of test.

4. The functions performed by employees who failed adrug test.

5. The prohibited drugs that were used by employeeswho failed a drug test.

1. Exempt supervisors who will determine whether an employeemust be drug tested based on reasonable cause will receivea minimum of I-hour training from EAP.

2. Training for exempt supervisors and employees on thisprogram, and drug use awareness in general, will be loggedand kept on file.

1. A contract organization is responsible for the specificactivities of specimen collection, including:

A. Collection, processing, documentation and shipment ofall specimens to the HHS-certified laboratory.

B. Maintaining the integrity of each specimen, includingthe secure and appropriate storage, from thecollection of the specimen to the shipment of thespecimen.

C. Making an initial assessment of the specimens(temperature, volume, clarity, color, unusualobservations).

D. Notifying the Company representative of any unusualcircumstances during the collection process (latearrival of individual, need for second urinespecimen, failure to cooperate).

E. Notifying the Company representative of any failureby the individual to cooperate with the urinespecimen collection, including refusal to provide aspecimen, to complete or sign paperwork and to followspecific instructions.

F. Obtaining approval for second urine specimen fromCompany representative.

G. Ensuring the modesty and privacy of the individualcollecting a urine specimen and avoiding any conductor remarks that might be construed to be accusatory,suggestive or otherwise offensiv~ Qr inappropr~ate.

H. Assuring the cleanliness and orderly appearance ofthe entire Collection Site Facility, in particular ofthe processing room and restroom facilities.

I. Monitoring, as necessary, the toilet control agent(bluing agent).

J. Monitoring of the restroom facility for anyunauthorized equipment and supplies.

A. To attend the PG&E Drug Testing Programpresentations.

B. To know and understand the provisions for drug abuseand the consequences for violating them.

C. To report for specimen collection testing uponnotification and cooperate with the process.

3. Precautions

The following precautions shall be taken at all timesthroughout the specimen collection process.

Ensure the privacy of the individual during his/hercollection of the urine specimen, except forconditions stated in paragraph 3C.

1. The Collec~ion Site Person must ensure themodesty and privacy unless an observed specimencollection is required of the individual andavoid any conduct or remarks that might beconstrued to accusatorial, suggestive, orotherwise offensive.

2. The Collection Site Person shall not make anyconclusions or remarks, except as provided for inthis procedure, or provide any interpretationregarding any specimen.

3. The Collection Site Person shall not make anyremarks or provide any information orinterpretation of a specimen with respect to theemploYment status of the individual.

-1. If there is reason to believe that the firstspecimen was substituted or adulterated thecollection of a second urine specimen must beapproved by the Company representative.

2. The collection of a second urine specimen by theindividual must be observed by an appropriatelytrained person of the same gender as theindividual.

All information provided by the individual andrecorded on the Chain of Custody Forms must betreated as confidential.

The Collection Site Person must observe theindividual and the specimen(s) at all times, however,as stated in paragraph 3A, the specimen collectionwill only be observed if tampering or substitution issuspected.

In the case of any conditions during the specimencollection process that is not covered by theseprocedures, the Collection Site Person shall notproceed with the specimen collection process butshall request further direction from the Companyrepresentative.

1. The individual scheduled for the collection ofurine specimen shall report to the designatedCollection Site at the specified time.

2. The arrival time and departure time shall berecorded by the Collection Site staff.

3. Drinking of liquids (e.g., water, juice, etc.) insealed containers may be provided by the SiteCollection Person.

4. The individual shall remain in-the reception roomor other area designated by the Collection SitePerson until requested to enter the processingarea.

1. If the individual cannot report at the specifiedtime, he/she shall promptly notify his/hersupervisor, explain the circumstances andindicate the exact time when he/she can report.The supervisor or the Company representativeshall determine if the delay is acceptable,taking into consideration such factors as otherscheduled tests, previous testing history of theindividual, and type of test to be conducted(preaccess, random, for-cause, follow-up).

2. If the individual does not inform his/hersupervisor of any anticipated delay and reportsto the Collection Site later than the scheduledtime, the Collection Site Person shall promptlynotify the Company representative requestingfurther guidance.

1. Upon signing in, the individual shall be providedwith the following:

a. Guidance and requirements for the individualregarding his/her conduct and function in thecollection of the specimens. (Attachment IV)

b. The Chain of Custody Form (Attachment II) isfor the initial specimen. If a second urinespecimen is taken, an additional form willbe used.

2. The individual shall familiarize himself/herselfwith the document and form, while remaining inthe reception room.

3. The Collection Site Person records the time ofentry into the process room and all otherrequired information.

4. From the time of entry into the process roomuntil leaving the Collection Site Facility, theindividual shall always remain in view of theCollection Site Person, except when providing anunobserved specimen collect~on.

D. Identity of Individual

1. The Collection Site Person shall establish theidentity of the individual on the basis of anofficial picture ID such as his/her PG&E badge orcurrent driver's license. The individual shallnot be tested until his/her identity has beenestablished.

2. If no positive identification can be made, theCollection Site Person shall notify the Companyrepresentative and request further direction.

1. The Collection Site Person, in the presence ofthe individual, shall complete the followingitems on the "Drug Testing Custody and ControlForm" (Attachment II):

a. Name of individualb. Social Securityc. Duty Locationd. Birth Datee. Job Title

2. Each Chain of Custody Form must accompany itsspecimen at all times.

3. Each specimen, its Chain of Custody Form andother records and documents must at all times beunder the control of the Collection Site Person.

1. The Collection Site Person shall request theindividual to remove any unnecessary outergarments that might conceal items or substancesthat could be used to tamper with or adulteratethe urine specimen (for example coat, overcoat,jacket, hardhat, etc.).

2. The Collection Site Person shall request theindividual to remove all objects from his/herpockets using a container provided for storage.The individual may keep his/her wallet.

3. The garments and personal b~ongings s~ch.ASpurse, briefcase, tools or lunch box shalt,bekept out of the restroom facilities but at thecollection site in a secured place.

The Collection Site Person shall notify the Companyrepresentative and request further guidance if, atany time during the specimen collection process theindividual does not cooperate. This includes refusalto provide a specimen, to complete or sign requiredpaperwork or to follow specific instructions. Suchrefusal shall be recorded on the Chain of CustodyForm.

1. The individual shall wash his/her handsthoroughly with soap and water, rinse and dry.The area will be kept separate from the restroomfacilities, if at all possible.

2. The Collection Site Person shall escort theindividual to the restroom or stall in therestroom, maintaining constant visual contact andassuring that the individual has no access to anymaterial or objects that could be used tooadulterate the urine specimen (for example, waterfountain, beverage container, faucet, soapdispenser, .coffee pot, cleaning materials).

3. The Collection Site Person shall request theindividual to select and unwrap a separatelysealed specimen cup.

4. The Collection Site Person shall direct theindividual not to flush the toilet until thespecimen is delivered to him/her.

5. The Collection Site Person shall request theindividual to provide a urine specimen.

6. The Collection Site Person monitors theindividual at all times prior to entering therestroom/stall (visual and audible) and while inthe restroom/stall (audible only). Any unusualcircumstances, behavior or appearance is recorded(for example , excessive liqtUd _splashing, .•~oundof opening container, sound of_pouring of ·,l.iquid,paper noise, very short or very long time spentin restroom/stall).

7. The individual collects his/her urine specimen,leaves the restroom/stall, and returns thespecimen cup to the Collection Site Person.

8. After the Collection Site Person is in possessionof the specimen, the individual shall beinstructed to flush the toilet.

The Collection Site Person shall determine theacceptability of the urine specimen with respect totemperature, observations, and volume in accordancewith paragraphs SC through SF.

1. The Collection Site Person immediately measuresthe temperature of the urine specimen. Themeasurement must be performed within 4 minutesafter the individual provides the specimen to theCollection Site Person. If the temperature hasnot been measured within 4 minutes, due to thecollector's error, the employee will not berequired to submit an additional specimen.However, if the delay was caused by the employee,another specimen will be collected.

2. The temperature of the second specimen shall bemeasured immediately (i.e., in less than4 minutes) and the specimen shall be processed inaccordance with Section 50. The first specimenis discarded by the Collection Site Person in thedesignated sink in the process room and in viewof the individual. The specimen will beidentified as a second specimen, with appropriateexplanation, on the Chain of Custody Form.

The measured temperature shall be recorded on theChain of Custody Form. If the measured temperatureof the specimen falls in the range from 90.5 degreesFahrenheit to 99.8 degrees Fahrenheit (32.5 C to37.7 C) the specimen processing continues followingSection 5Ei if the measured temperature falls outsidethis range the evaluation continues following 5I.

-The Collection Site Person evaluates the observationsnoted in Section SA and determines if, on the basisof that information or any other indication, there isreason to believe that the individual may have .altered or substituted his/her urine specimen. If notampering is suspected the urine specimen processcontinues in accordance with Section 5Fi if tamperingis suspected the processing shall continue inaccordance with Section 5K.

The Collection Site Person shall determine the volumeof the urine specimen provided and shall record thevolume on the Chain of Custody Form. If the volumeis 60 ml or more, the processing of the specimencontinues in accordance with Section 5Gi if thevolume is less than 60 ml the processing continuesfollowing Section 5K.

The Collection Site Person shall visually inspect thespecimen and determine its color (for example, white,orange, yellow, no color, brown, bluish) and itsclarity (for example, clear, suspected matter,cloUdy). The results are recorded in the PermanentRecord Book and on the Chain of Custody Form. Anyunusual appearance or condition will be recorded.

1. If the measured temperature falls outside thetemperature range in Section 50, the measurementshall be repeated immediately with anotherthermometer of the same type. The time lapsebetween measurements shall be recorded on Chainof Custody Form.

2. If the second measurement falls within thetemperature range in Section 50 the temperatureis considered acceptable and the urine specimenpreparation process shall continue withSection 5E.

3. If the second measurement also falls outside thetemperature range, the Collection Site Personshall notify immediately the CompanyRepresentative and request permission to have theindividual provide a second urine specimen underdirect observation by a person of the same genderas the individual or to obtain further direction.

4. The Collection Site Person shall inform theindividual that he/she may ele~t, prior t~.-providing a second specimen, to have his/her oraltemperature taken to provide evidence that theurine specimen temperature being outside thespecified temperature range in Section 50 issupported by his/her oral temperature. An oraltemperature measurement that is within 1.8 degreeFahrenheit of the specimen temperature isconsidered to be acceptable evidence.

5. If the individual elects to have his/her oraltemperature taken and the oral temperaturesupports the specimen temperature-, the specimenprocessing continues with Section 5E.

6. If the individual does not elect to have his/heroral temperature taken or if the oral temperaturedoes not support the specimen temperature asecond specimen must be obtained and the specimencollection process continues with Section I.

7. All information obtained shall be recorded on theChain of Custody Form.

After the Collection Site Person has determined, as aresult of the steps taken in Section 5H that a secondurine specimen is required, the following proceduresshall be followed:

1. The Collection Site Person informs the individualthat a second urine specimen is required andexplains the basis. Approval for the secondspecimen must be obtained by the Collection SitePerson from the Company Representative and shallbe recorded in the Permanent Record Book. A newChain of Custody Form must be prepared for thesecond specimen.

2. Prior to initiating the collection of the secondspecimen, the first specimen must be completelyprocessed, sealed, and prepared for shipment inorder to eliminate any potential for anyswitching or discrepancies between the twospecimens and their associated documentation andrecords.

3. In order to be able to provide a second specimenthe individual will be given the opportunity todrink a reasonable amount of plain water (sealedbottle of water), to be provided by theCollection Site Person, and to wait a reasonabletime. Any water not consumed and the containershall be returned to the Collection Site Personprior to entering the restr~omlstall.

4. The individual shall remain at the CollectionSite Facility or be escorted and observed at alltimes by the Collection Site Person or otherdesignated person.

5. The individual shall be provided with a newreceiving cup (see Section 5.A.3), enter thestall with a same gender Collection Site Personor other person designated by the ProgramCoordinator and provide a second specimen underdirect observation of the same gender person.

6. The Collection Site Person shall immediately taketwo successive temperature measurements of thesecond urine specimen with two, same type,thermometers and record both temperatures in thePermanent Record Book on the Chain of CustodyForm.

7. The Collection Site Person shall promptly informthe Company Representative of the results. Thespecimen preparation process continues withSection 5E.

J. Collection of Second Specimen Based on OtherObservation.

1. The Collection Site Person shall immediatelynotify the Company Representative and requestpermission to have the individual provide asecond urine specimen under direct observation bya same gender person as the individual or obtainfurther instructions.

2. The Collection Site Person shall inform theindividual that a second specimen must be takenand explain the reasons.

3. A new Chain of Custody Form must be proposed forthe second specimen.

4. The second specimen shall be provided inaccordance with Section 5.

5. The Collection Site Person shall promptly informthe Company Representative of the results andrequest further directions if necessary.

1. If there is less than 60 ml of urine theindividual will be informed that more urine isneeded.

- -2. The individual will be offered-water or otherliquids.

3. The initial specimen will be discarded in theindividual's presence.

4. Repeat Section 5A with clean disposable cup whenindividual is able to urinate again.

6. If the individual fails to provide for any reasona volume of 60 ml of urine, the Collection SitePerson will inquire of the individual about thereason, document the information on the Chain ofCustody Form and promptly inform the CompanyRepresentative for directions for further action.

1. After the Collection Site Person finds the urinespecimen acceptable or after other action hasbeen initiated in accordance with specificinstructions by the Company representative, theindividual shall wash his/her hands in thedesignated sink in the Collection Site facility.

2. All disposable equipment and supplies shall bediscarded promptly in a container (trashcompactor) .

M. Specimen Splitting, Sealing and Identification

The splitting, sealing and identification labeling ofurine specimens must be performed in full view of theindividual and the Collection Site Person as follows:

1. The splitting of a urine specimen (split samples)into two specimens for analysis will onlyoccur when testing for reasonable cause,post-rehabilitation, pre-transfer or random.Pre-employment will only have one specimen samplecollected and will not be split.

2. All specimens collected, which includes bothparts of the "split sample", will be forwarded tothe contracted HHS-certified laboratory forstorage and analysis.

3. The individual will be requested to select twoindividually wrapped shipping packages forhis/her urine specimen.

NOTE: At a minimum, 10 ship~i~g packages.~hallbe available for selection.

4. The Collection Site Person unpacks the shippingpackage, prepares the shipping bottle (opensbottle, inspects for cleanliness and breakage)that has been previously selected when specimenwas collected and transfers the specimen into thetwo bottles.

5. The first bottle is to be used for theDOT-mandated test, and 60 ml of urine shall bepoured into it. If there is no additional urineavailable for the second specimen shippingbottle, the first specimen bottle shallnevertheless be processed for testing.

6. Up to 60 ml of the remaining urine shall bepoured into the second specimen shipping bottle.

7. The Collection Site Person shall tightly closethe bottle, securely attach the tamper-evidentseal/identification label over the top and downthe sides of the bottle, enter the requiredinformation on each label~ request the individualto initial the seal/identification label, anddate and sign the seal/ identification label.

8. Both the individual and the Collection SitePerson shall ensure that the specimenidentification on each bottle, on the Chain ofCustody Form and in the Permanent Record Book isidentical. The employee shall initial theseal/identification label on each bottle tocertify that the specimen in each bottle wascollected from him/her.

9. The completion of the records and preparation ofthe urine specimen for shipment shall continue inaccordance with the procedures in Section 6.

During the completion of .records and preparation forshipment, every specimen collected from theindividual (with the exception of a first urinespecimen as discussed in Section 5C) shall remain infull view of the Collection Site Person and theindividual until each specimen is placed in itsshipping container.

B. Recorded Information

The Collection Site Person, in the~presence of.~heindividual, completes or verifies completion of thefollowing information on the Chain of Custody Formfor each specimen collected from the individual.

1. Name or other identification of individual.2. Specimen collection date.3. Specimen shipment date.4. Collection Site Person (name and position).5. Type of specimen collected.6. Any unusual or noteworthy observation/experience

during collection of specimen.7. Specimen temperature.

1. The individual shall review the information onthe Chain of Custody Form for each specimen whichhe/she provided to the Collection Site Person orwhich he/she entered on the form.

2. The individual shall revise and/or add/delete anyinformation which he/she considers necessary andshall initial such changes.

3. The individual shall sign and date each Chain ofCustody Form certifying the authenticity of thespecimen and the accuracy and completeness of theinformation.

D. Specimen Information Review by Collection SitePerson.

1. The Collection Site Person certifies thecompletion of the Chain of Custody Form for eachspecimen by his/her signature and dates the form.

2. A copy of the Chain of Custody Form is removedand will be filed in the file for the individual.

3. The original, signed Chain of Custody Form (whitecolor) and all remaining copies of the form areplaced with the specimen for shipment to theHHS-certified laboratory.

4. The Collection Site Person places each specimenwith its Chain of Custody Form into a shippingcontainer. The container will be sealed withtamper-evident tape when it is to be shipped.

1. The individual shall be offered the opportunityto ask any question pertaining to the collectionof specimen(s), the test pe~formed, an~ th.~.DrugTesting Program in general. Questions.thatcannot be answered immediately shall be answeredas soon as possible by Company representative.

2. The Collection Site Person will dismiss theindividual and note the time of dismissal.

1. The Collection Site Person shall place eachsealed specimen into a shipping container withits Chain of Custody Form. When the shippingcontainer is full, it shall be secured inaccordance with specific shipping instructionsfrom the HHS-certified laboratory.

2. The Collection Site Person shall seal thecontainer with a tape to eliminate thepossibility of undetected tampering and willindicate the shipment date on the tape.

3. All specimens collected during a single day andprepared for shipment in accordance with Step 2above shall be shipped on the same day forovernight delivery to the HHS-certifiedlaboratory using a pickup time and locationprearranged with an overnight courier service.

4. A list of all shipments for a single day shallbe maintained and telefaxed to the HHS'-certifiedlaboratory on that day. The laboratory shallinform the Collection Site Person daily andimmediately after receipt of any shipment on thelist that was not received, that shows anyindication of having been tampered with, or thathas been received in a damaged condition.

Some of your employees have been identified for random drugtesting by urinalysis. Please read this checklist tofamiliarize yourself with the collection process. If youhave previously experienced testing at your facility and arealready familiar with the process, review the information sothat you might provide advice to others who need assistance.

On the actual date of testing, a Company Representative orthe Contract Specimen Collector will notify you which ofyour employees have been selected for drug testing. Thisinformation is confidential. The following proceduresshould be followed in notifying employees of the collectionprocess. Also see the attached "Checklist for Employees"that will be given to your selected employees.

If possible:

1. Approximately 15 - 30 minutes prior to the actualcollection but no sooner than two hours, inform theemployee verbally, that he/she has been identifiedthrough a random selection process for drug testing byurinalysis. Clearly inform the employee as to the timeand the exact location to report for testing andinstruct him/~er to take photo identification.

2. Employees normally will be scheduled to report to thecollection area at IO-minute intervals. Coordinate anyscheduling changes necessary to maintain workoperations. Do not make any unilat~ral changes.

3. An employee not identified on 'the official test llatwill not be tested. The exception will be if themanager volunteers to be tested at this time along withthe other empl~yees.

4. The collection will be performed by a contractedcollector who will ensure the process is properlyadministered~ Advise employees to be prepared toprovide a urine specimen at the scheduled collectiontime.

5. Give the attached Checklist for Employees, whichprovides helpful information about the collectionprocess, to scheduled employees.

6. When an employee selected for random testing isunavailable for legitimate reasons (e.g., workingdifferent shift, travel, leave)', you must inform theCompany Representative, who will annotate the randomtest list to indicate the reason for that employee notbeing tested. Once a facility has been notified oftesting, any leave requests submitted by employees forthe testing day should be carefully scrutinized.

7. Immediately report any problems encountered duringemployee notification to the Company Representative.Employees who willfully fail to cooperate with thecollection procedures will be subject to disciplinaryactions consistent with the Company Drug Testingpolicy. The Company Representative will be able toaddress employee problems (i.e., refused to test).

8. If an employee who is notified to report for testing isunable to provide a sufficient quantity of urine, youwill be notified by either the collector or the CompanyRepresentative. The employee will be given areasonable period of time to provide a specimen(maximum 2 hours). During this time, the employeeshould remain at the collection site and be instructedto drink at least 8 ounces of liquid each half hour assupplied by the contractor. If the CompanyRepresentative concurs that the employee: is essentialto work operations, he/she may allow the employee toreturn to the work site while waiting to provide a

,specimen. The Company Representative will aler~ you tothe fact that the employee has not yet provided aspecimen, and you should direct him/her to continue todrink liquid. If at the end of the waiting period theemployee still cannot provide a specimen, the collectorwill notify the Company Representat{ye_and the. employeewill be scheduled to see a physician the same dayfor a medical evaluation.

9. If the employee refuses to provide a test specimen orrefuses to follow the specimen collection procedures,their action will be treated as insubordination andthey will be suspended from work. In addition, it willbe treated as a "verified" positive test, and they willbe required to cooperate with the Medical ReviewOfficer and follow his/her instructions. If they failto do so, it will be considered a second "verified"positive and they will be discharged.

10. If the employee willfully tampers with or alters thetest specimen he/she will be discharged.

11. An employee who is a Union member is entitled to shopsteward representation under the following conditions:

A. Prior to a reasonable cause test (duringdiscussions with management).

B. Prior to an interview with the Medical Reviewofficer concerning the results of a confirmedpositive laboratory test.

C. Prior to a discussion to determine rehabilitationprogram following a verified positive test.

12. The splitting of a urine specimen (split sample) intotwo specimens for analysis will occur only when testingfor reasonable cause, post-rehabilitation, Companytransfer or random.

13. If the test of a specimen is determined to be "verifiedpositive" after review by the MRO, the employee has 72hours after they have been notified by the MRO of the-positive result within which to request that the MROauthorize the lab to conduct an analysis of the secondbottle (split sample).

You have been identified through a process of randomselection for drug testing by urinalysis as required by theDepartment of Transportation. Please take a few minutes toread the following information which describes your role inthe collection process.

1. You will be asked to present a photo identification tothe collector upon arrival at the site. Acceptable1.0. would be a PG&E Identification Card, Driver'sLicense, Passport, etc. If you do not bring a photo1.0. to the collection area, a Company Supervisor willbe asked to identify you to the site collector.

2. When instructed by the collector, complete the Custodyof Transfer form. On this form you will be asked toprovide your name, work location, date of birth, jobtitle and work or home phone number. Make sure you canbe reached through that phone number, because if theMedical Review Officer (MRO) receives a positive testresult for you from the laboratory, he or she will callyou directly to determine if there is an acceptablealternative explanation. If so, the positive resultwill NOT be communicated to PG&E. However, if youcannot be reached within 3 days, the MRO will ask PG&Eto help locate you. If the MRO has not spoken to youwithin 5 days, your name will be submitted to PG&E as a"verified positive" and you will be removed from yourjob.

3. PG&E will provide you with written eonfirmation of ~negative test result if you so choose. -_If you- wan£.-aconfirmation, simply state you would like aconfirmation letter on the bottom of the MRO's copy ofthe Custody of Transfer form. Be sure to include theaddress to where you want it mailed. .

4. The collector will ask you to remove any unnecessaryouter garment (e.g., coat, jacket, all personalbelongings, purse, briefcase). Those items must remainwith the outer garments. You may retain your wallet.

5. When instructed by the collector, wash and dry yourhands.

6. You may provide the specimen in the privacy of a stallor an otherwise partitioned area that allows forindividual privacy. It will be necessary for you toprovide a specimen of at least 60 milliliters. If youare unable to provide the specified quantity, you willbe allowed two (2) hours in which to provide thespecimen. You must remain at the collection siteduring that two hour period. During this time you willbe given water to drink. If at the end of the waitingperiod you still cannot provide a specimen, you will berequired to meet with a physician that same day for amedical evaluation.

7. You should observe the entire collection anddocumentation procedure used by the collector.

8. Note the temperature reading of the specimen and verifythat the temperature was correctly recorded byinitialing in the proper space on the form.

9. When instructed, read, sign and date the D.O.T. urinecustody and control form, certifying that the specimenin the bottle is yours and that it came from your bodyat the time of collection.

10. If you refuse to provide a test specimen or you refuseto follow the specimen collection procedures, you willbe removed from work. In addition, it will be treatedas a "verified" positive test and you will be requiredto cooperate with the Medical Review Officer and followhis/her instructions. If you fail to do so, it will beconsidered a second "verified" positive and you will bedischarged.

11. If you willfully tamper with or alt~r the test sp~cimenyou will be discharged.

12. If you are represented by a Union, you are entitled toshop steward representation under the followingconditions:

A. Prior to a reasonable cause test (duringdiscussions with management).

B. Prior to an interview with the Medical ReviewOfficer concerning the results of a confirmedpositive laboratory test.

c. Prior to a discussion to determine a rehabilitationprogram following a verified positive test.

13. If you should have any questions or concerns, sharethem with the site coordinator, your Supervisor, or theDrug Program Coordinator (in most cases the HumanResources Department).

14. The splitting of a urine specimen (split sample) intotwo specimens for analysis will only occur when testingfor reasonable cause, post-rehabilitation, pre-transferor random.

15. If the test of a specimen is determined to be "verifiedpositive" after review by the MRO, you have 72 hourswithin which to request that the MRO authorize the labto conduct an analysis of the second specimen bottle(split sample). The split will be analyzed only forthe existence of the drug identified in the originalpositive test, without regard to levels.

In order to implement the Drug-Free Pipeline Program andprovide services on a continuing basis, the ProgramCoordinator will be responsible for the creation andadministration of contracts with a specimen collectioncontractor, a NIDA certified laboratory, and a MedicalReview Officer consistent with the requirements herein,including Items of Understanding.

1. Any contract(s) with specimen collection contractor(s)shall include, at a minimum, the following:

A. That contractor at all times comply with PG&E'sDrug-Free Pipeline Program requirements, includinginterpretations thereof and directives of theProgram Coordinator.

B. That contractor arrange the order of site visitsfor testing so as to maximize efficiency within theparameters given by PG&E and minimize thepredictability of the sequence of sites to bevisited.

2. Any contract(s) with a testing laboratory shallincluding, at a minimum, the following provisions:

A. That contractor have and maintain NIDAcertification.

B. That contractor notify PG&E imm~di~tely if..contractor's NIDA certification is_suspended o~·revoked.

C. That contractor maintain compliance with theLaboratory Personnel requirements of 49 CFR Part40.27.

D. That contractor maintain compliance with thelaboratory analysis procedures of 49 CFR Part40.29.

E. That contractor maintain compliance with thequality assurance and quality control requirementsof 49 CFR Part 40.31.

F. That contractor's facilities will be subject tounannounced inspections by PG&E, CPUC and RSPA inaccordance with the requirements of 49 CFR 199.13(b) •.

G. That contractor retain positive specimens for atleast one (1) year as required by 49 CFR Part199.17(a).

That contractor cooperate in transferring the"split" of any sample confirmed by contractor aspositive to another PG&E designated laboratory uponrequest of PG&E's Medical Review Officer or theemployee from whom the sample was taken (49 CFR199.17 (c», and that such transfer should be incompliance with the chain of custody requirementsof CPU Part 40.25 (c) and (f).

3. Any contract(s) for Medical Review Officer (MRO)services shall contain, at a minimum, the followingprovisions:

A. That contractor maintain on file with PG&E'sEmployee Assistance Program manager a current copyof the standards and procedures used by the MRO andany affiliates or subcontractors to decide whethera specimen confirmed as positive by PG&E'slaboratory will be verified positive by the MRO.

B. That any MRO services performed by a physician whois notASAM certified will be under the guidanceand supervision of the physician designated asPG&E's MRO.

C. That the MRO maintain records identifying samplesput through the confirmatory process by thelaboratory and make them available to RSAP or anindependent auditor designated by PG&E for thepurpose of auditing test results which are close tothe designated cut-off levels •

.4. PG&E may elect to meet its blind sampling obligationsunder 49 CFR Part 40.31 (d) through a contracted agent,in which case the implementing cont(ac~ shall ~eq~recompliance with all relevant provisions of 49 CFR.Earts40 and 199, if applicable.