Document No.

HSE/ESCO/03

HSE RELATED ADMINISTRATION Revision No.

PROCEDURES Effective date 01-JAN-2015

SECTION III Procedure No. P/ESCO/03

1. DISCIPLINARY POLICY AGAINST VIOLATIONS OF COMPANY

POLICIES AND PROCEDURES

Energy Solutions Co. has established safety programs that all employees are expected to adhere to. We
feel that for any policy to be effective, reinforcement is a necessity. Therefore the following disciplinary
procedure is to be followed whenever an employee violates company established policies, procedures, or
any customer, government or agency regulations. Each case will be reviewed by the Management
Committee for final disposition at the monthly Manager's Meeting. All employees are accountable for
their actions and the Project Manager will be the acting Safety Director. Energy Solution’s General
Manager, the Project Manager, and the Lead Engineers will form the Management Committee.

 The first time a violation occurs, the employee is verbally reprimanded and
conversation is documented and placed in personal file.
 The second time a violation occurs, the employee is suspended for the
remainder of the day without pay, verbally reprimanded, and a written warning is issued. The
warning will be signed by both the employee and his supervisor and place into the employee's
personal file.
 The third time a violation occurs; the employee is suspended for the remainder
of the day plus three days without pay. Written documentation with signatures of the employee,
supervisor, and the Project Manager will be placed in to the employee's personal file.
 The fourth time a violation occurs; the employee will be suspended for the
reminder of the day without pay plus an additional five days w/o pay. Written documentation
with signatures of the employee, supervisor, the Project Manager will be placed into the
employee’s personal file. The employee will be made aware that the next violation will mean
automatic termination.
 The fifth time a violation occurs, the employee is automatically terminated.

When an employee commits a violation, he will be placed on 12 month probation to "cleanse" his record.
If he has no other violations during this time period, his record will be wiped clean. This action will apply
to only the first and second phases of the disciplinary procedure. The probationary period for the third
and fourth violation is 24 months.
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The following page contains the "List of Offenses” for which an Employee may be Subject to Discharge or
Termination" without prior notice.

NOTICE TO ALL EMPLOYEES

OFFENSES FOR WHICH EMPLOYEES WILL BE SUBJECT TO DISCHARGE

WITHOUT PRIOR NOTICE:

Herein Energy Solutions Co. will be referred to as the "Company

1. Fighting or attempting to bodily injure another during working hours or while on

Company property.

2. Conduct which violates the common decency or morality of the Kuwait community.

3. Stealing, or conduct resulting in the injury or destruction of property of the Company or of

others, or allowing same to be done by others.

4. Disclosing proprietary or confidential information of the Company without authority of misusing

such information outside the scope of employee's assigned job duties.

5. Engaging in unsafe work practice.

6. Failure to report as soon as possible any accident or personal injury in which an employee is
involved, to the employee's immediate supervisor.

7. Insubordination, including refusal to perform work assigned or to follow instructions, except

refusal to do any acts which would subject the employee to discharge under any of the other
offenses listed herein; failure to perform work assigned; use of profane or abusive language
toward fellow employees or subordinates or toward those in supervisory positions.

8. Absence from duty without notice to and permission from the immediate supervisor.
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9. Being in such condition that the continuance of work would endanger the employee or fellow
workers.

10. Falsifying testimony or refusing to cooperate in connection with any Company authorized
investigation, or making false statements in connection with applications for employment or in
connection with medical examinations and/or drug tests.

11. Dishonesty in performance of duties as an employee, including but not limited to:
(a.) Falsifying records or reports, either written or oral.
(b.) Failure to report and account, in accordance with instructions, all money,
materials, and equipment.
(c.) Fraudulently obtaining money, materials, or property from the Company, its
employees, or those with whom it does business.
12. Negligence or carelessness resulting in damage to or loss of Company property or property of
others

13. Sleeping during scheduled working hours.

14. Impairment during working hours caused by the consumption of alcoholic beverages, of the
use, sale or possession of such beverages on Company property.

15. Impairment during working hours caused by the use of illegal or unauthorized drugs, or the use,
sale or possession of such drugs on Company property.

16. Membership in or active support of any organization that advocates illegal conduct by force or
any other illegal method.

17. Harassment of fellow employees, subordinates or those in supervisory positions on the basis
race, color, religion, sex, national origin, or handicap, including verbal or physical conduct which
interferes with an employee's work performance or creates an intimidating, hostile, or offensive
work environment.
OTHER OFFENSES
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The above list of offenses is not intended to be all inclusive. Some offenses may also be of such
nature as to warrant suspension or discharge without prior notice.

2. SUBSTANCE ABUSE PROCEDURES & ADMINISTRATIVE

IMPLEMENTATION FORMS

Procedure

Energy Solutions Co. prohibits unlawful and/or unauthorized manufacture, distribution, misappropriation,
dispensation, possession or use of controlled substances, illegal drugs and alcohol in the workplace.
Reporting to work under the influence of any such agent is also prohibited. Employee involvement with
drugs or alcohol outside the workplace may be reviewed to determine if there is an impact on job
performance, the workplace. Any Energy Solution's employee or applicant exhibiting symptoms or
behavior generally associated with substance / alcohol abuse and/or displaying physical indicators may be
asked to undergo a health screening. Failure to comply may lead to discharge or denial of employment.
Positive test results may lead to condition of continued employment agreement (disciplinary action),
discharge or denial of employment.
If the drug/alcohol test results are positive, the Department Head/Manager will provide the employee
with the following information:
a. A copy of the Substance Abuse policy statement
b. A copy of the test results;
c. Copies of other applicable information as necessary including alternate testing laboratories should the
employee choose to have an independent test of the sample for verification of the results, at his/her own
expense; and
d. Recommendation/referral for an evaluation and/or treatment of substance abuse.
The Department Head/ Manager will inform the supervisor if there is a need for treatment and may
coordinate the development of an appropriate treatment plan with the supervisor/employee and Human
Resources (HR). Participation in a treatment program does not protect the employee from appropriate
future disciplinary action. Supervisory/working expectations for future performance and the consequences
of failure to meet these expectations are to be discussed with the employee.

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Supervisory Referral - Condition of Continued Employment (Discipline)

Supervisors who suspect an employee of using or being under the influence of a controlled Substance
(including alcohol) are obliged to take immediate action as described in Testing and Health Screening,
below. Supervisors will participate in the decision making process regarding return to work issues.

Testing and Health Screening

A supervisor who has reason to believe that an employee may be under the influence of a controlled
substance based on observations (such as the odor of alcohol, or unusual behavior) must take the
following action:

 Advise the employee in private that he/she will be required to submit to testing
and that he/she will be immediately suspended pending an investigation that could lead to
discharge until the medically reviewed clinical laboratory results are returned (see Discipline and
Follow-up).
 Fitness for Duty test will require a urine specimen (minimum quantity - 60 ml) and an
Immobilizer Test. A positive test will require a blood specimen which will be processed as
part of the drug screen. A blood alcohol concentration of 0.02 mg/dl or greater will be
defined a positive test result.
 An employee who is unable to provide a urine specimen (minimum amount) within a two
(2) hour time frame will be considered to have refused to submit to a substance abuse
test. Discipline for refusal to take the test will be administered accordingly.
 Document the observations and/or conduct responsible for initiating the drug
test/health screening as soon as possible. Every effort must be made to maintain employee
confidentiality throughout the entire process.
 Inform the employee that if the test results are negative, he/she will be
reimbursed for lost time.
 If the employee refuses to submit to drug/alcohol testing, take the following
action:
 Advise the employee that he/she will be suspended subject to discharge;

 Inform about employee's refusal and subsequent suspension pending

discharge immediately.

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 Seek counsel from Employee and Labor Relations immediately.

Post-offer Pre-Employment Screening
All candidates for employment will be screened for the presence of controlled substances and alcohol as
part of the post-offer, pre-employment medical screening. Individuals who test positive will be denied
employment; any existing offers of employment will be rescinded.

 Screening and test results will be reported to Energy Solutions Co. and reviewed
by a Management Representative (MR). Positive results will be communicated to the individual,
Human Resources (HR), and/or department management as appropriate.
 Applicants in recovery, who have completed a rehabilitation program or can
show evidence of compliance with a rehab program, will be considered for employment.
Individuals participating in an outside treatment program must consent to monitoring by Energy
Solutions Co. and to having regular progress reports provided to Energy Solutions Co. for the
duration of treatment. Individuals enrolled in Methadone maintenance or detoxification program
must agree to condition of Continued Employment Discipline and Follow-Up. Any urine specimen
positive for a drug other than Methadone following medical review may be considered as grounds
for denial of employment.

Discipline and Follow-up

Employees and applicants will be advised by Energy Solutions Co. of all positive test results, opportunities
for retesting specimens and other appropriate information. Employees will be required to adhere to all
contractual agreements of Energy Solutions Co. and all conditions of continued employment. If the
employee fails to meet the requirements, the employee will be discharged from employment.

 Employees who are referred by their supervisor and have a positive alcohol or
drug test are subject to disciplinary action including discharge. For a FIRST INCIDENT of
substance abuse, in the absence of other compelling consideration or prior disciplinary action, the
employee will be provided an opportunity to obtain assistance in an appropriate program as a
condition of continued employment.
 Employees who test positive and who are not terminated, must agree to the
following requirements administered through Energy Solutions Co.

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 Assignment to a counselor with an appointment for an urgent assessment;

 Sign a Consent to Disclosure Contract
 Sign an Employee Contract

 The influence of a controlled substance, an illegal drug or alcohol, does not

excuse employee behavior which is in violation of Energy Solutions Co.. The prior disciplinary
record and/or circumstances surrounding the referral may require discharge on the first offense.
The rule violation and suspension for the first occurrence remains active in the employee's
personnel file for at least two (2) years. If the employee, with a first offense, refuses to
participate in an appropriate program as a condition of continued of employment, the employee
will be discharged.

I have read and understood the above guidelines and rules for breath and urine specimens testing for
alcohol and/or drugs, and I agree to abide by them fully.

SIGN: _______________________________
EMPLOYEE NAME: __________________
DATE: ______________________________

A. CONSENT FORM

PRE-EMPLOYMENT DRUG TEST

You are required to submit to pre-employment drug testing as part of the hiring process for Energy
Solutions Co.. By signing this consent form you agree to take a breath analyzer test and/or a blood test.
In addition, you are agreeing to have a urine specimen screened for drugs of abuse. You are also
authorizing the results to be reported to a Management Representative selected by Energy Solutions Co.
If you are taking a prescription drug or other medication, you may be required to provide the prescription
container and/or other verification. A specimen that tests positive may be retested at your own expense
by making arrangements through medical services in Kuwait.
By signing this form, you are providing your consent for a Management Representative to contact your
physician, pharmacist or other appropriate medical care provider for verification of a prescription and the
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medical condition requiring the prescription medication. Confirmation of a controlled substance or a

positive breath analyzer examination that is verified will terminate consideration for employment by
Energy Solutions Co.
By reading and signing this form, you also provide your consent for the Director of the Medical Service
Provider or his designee to report and discuss your test results with any board or licensing agency with
which you are affiliated or as required by law.
I have read and understood the pre-employment drug test consent form. Except for those items required
by law, this consent to permit release of my records or information contained in them shall remain in
effect for one (1) year.

SIGN _________________________
EMPLOYEE NAME_________________________
DATE _________________________

Copy 1 – HR Dept.
Copy 2 – Application

B. CONSENT FORM

EMPLOYEE DRUG TEST

You are required to submit to a breath analyzer and/or to provide a urine and/or blood specimen for drug
testing. If you are taking medication, over the counter or prescription, you may be required to provide
the container and/or verification. Confirmation of a controlled substance that is not properly verified may
jeopardize your employment or may result in the requirement that you participate in a monitored
rehabilitation program. Participation in a rehabilitation program does not protect you from any pending or
discovered rule violations that would normally result in termination. A specimen that tests positive may
be retested at your expense by making arrangements through medical services in Kuwait. By reading and
signing this form, you also provide your consent for the medical services in Kuwait and safety to report
and discuss your test results with any board or licensing agency with which you are affiliated, to review

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your status with Energy Solutions Co., to provide your records as required for the provision of health
care, to process any insurance and/or legal claim or in compliance with the law.
I have read and understood the for cause drug test consent form. Except for those items required by law,
this consent to permit release of my records or information contained in them shall remain in effect for
one (1) year.

SIGN_______________________________
EMPLOYEE NAME ___________________
DATE _______________________________

Copy 1 – HR Dept.
Copy 2 - Employee
_____________________________________________________________________________________

C. CONSENT FORM

DISCLOSURE OF INFORMATION OBTAINED IN DRUG/ALCOHOL ABUSE DIAGNOSIS

OR TREATMENT

 I hereby knowingly and voluntarily authorize the concerned medical

services in Kuwait to disclose certain information about me under the following limited
circumstances:
 Disclosure may be made to my immediate supervisor, area supervisor and other
members of the management or affiliated staff involved in decisions regarding my job duties.
 The purposes of the disclosure are to enable my supervisors to accommodate the
requirements of my treatment; to enable my supervisors to evaluate the hazards that my
employment poses or may pose to me, to my workers, to patients and others; and to provide my
supervisors with information on any other limitations or restrictions on my ability to work or that
is otherwise relevant to my employment.
 The information that may be disclosed includes, but is not limited to; my
participation in a therapeutic program for treatment of drug and/or alcohol abuse, the nature and

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time requirements of my course of treatment, any limitations on my ability to perform my job to

the satisfaction of the company and/or affiliates as a result of my use of drugs and/or alcohol or
as a result of my treatment program, and any job-related hazards posed to me or to others as a
result of my drug and/or alcohol use.
 Whenever information regarding my drug and/or alcohol use and/or treatment is
disclosed pursuant to this consent, the disclosure will be accompanied by a statement prohibiting
the person receiving the information from disclosure except with my specific written consent.
 This consent is subject to written revocation at any time except when action has
been taken in reliance hereon. Unless I revoke this consent, it shall stay in effect as long as I am
participating with the medical services.

SIGN _______________________________
EMPLOYEE NAME___________________
DATE_______________________________

Copy 1: HR Dept.
Copy 2: Employee

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