Traffic school | High school » Michael Gallagher - Driver Orientation Manual

ORIENTATION MANUAL FRANKLIN LOGISTICS, INC. REMINGTON, IN Revised 1/2018 -1- Orientation Presenters Michael Gallagher Instructor / Trainer Drivers: During your week of orientation, you will encounter many members of the Administrative Staff here at Smith Transport, Roaring Spring Corporate Headquarters. For your reference and convenience, the list below includes those departments who normally participate in our orientation program. Safety Department Payroll Department Operations Department Maintenance Department Human Resources Department -2- DRIVER ORIENTATION AGENDA DAY ONE Coupling & Uncoupling, Vehicle Inspection, Backing, Road Test Drug Screens & Physicals Individual Driver Interviews Update Applications, Complete Qualification & Personnel File Complete New Driver Profile Discussion & Video on Vehicle Inspections Accident & Breakdown Discussion & Video Video-Appleton Papers Safety/Fuel Service Productivity Safety Awards Dress Code Uniforms

& Proper dress Fueling General Safety Practices Comdata Expert Fuel Review Driver Orientation Manual DAY TWO Logs 0700 to 0730 Payroll 0730 to 0930 Complete payroll setup form (need voided check) Green Stickers DTR’s Payroll time parameters Handling receipts-DO NOT hold lumper receipts, submit all copies of all receipts Company advance for expenses Company advance for personal use -3- Break 0930 Federal Motor Carrier Safety Regulation 0940 to 1130 Part 395 Part 395.2 Definitions Part 395.3 Maximum driving time Part 395.8 Record of duty status Recap Part 396 Part 396.11 Driver vehicle inspection report Part 396.13 Drivers inspection FMCSR test Lunch break 1200 to 1300 Defensive Driving 1300 to 1530 Defensive Driving PACE Operations 1530 to 1700 DAY THREE Qualcomm 0700 to 0845 Break Benefits 0900 to 1000 Shop Talk 1000 to 1030 Shop 1030 to 1100 Hazmat 1100 to 1130 Lunch 1130 to 1230 Tour of Company Facility & Store Truck Assignments & Inspections Conclusion Complete

Recap Collect receipts for materials Issue Supplies Take Driver Pictures Release Driver to Operations -4- Section 2 Section 1 TRACTOR TRAILER DRIVER POSITION DESCRIPTION PROCEDURES General The Operations Department is available 24 hours a day, 7 days a week. Please be patient when calling and advise immediately if hours of service availability may prevent on-time delivery. Position Concept Operate, with minimum supervision, a tractor-trailer combination in a safe and efficient manner as directed by the Operations Department. Contacting Operations The Qualcomm is used to conduct most company business with operations. When using the free-form message, keep it to two lines or less, abbreviated. Otherwise, use a telephone. Use the following numbers for calling Operations: Dimension Perform all duties of a commercial licensed driver in a professional manner. Enhance Smith Transport’s image and rapport with customers and the public. General Responsibilities Make timely pickups

and deliveries as directed by Operations. Represent Smith Transport with professional appearance and conduct at all times. Obey all traffic laws and speed limits. Practice professional defensive driving techniques. Be safety conscious at all times, especially when entering/exiting trucks or trailers, hooking/unhooking units, loading/unloading freight, or other duties with a high risk of accident or injury. Avoid Low Overhead Clearances that could cause truck/trailer damage. Other duties as assigned. Ellenwood Appleton Remington Roaring Spring Drivers Customers 888-247-3605 888-339-0097 800-444-4207 800-729-1138 404-361-7762 920-237-4730 219-261-2111 800-877-1173 Off-Duty All trucks and trailers must be brought to the Smith Transport Terminal when off-duty unless otherwise authorized by Operations. Drivers and Owner/Operators must bring in company trailers for servicing as needed. Notwithstanding the above, no driver has permission to use company equipment for the driver’s

personal use. Company equipment shall be used only in furtherance of company business. Vehicle Inspection Perform vehicle inspections to conform to part 396.13 of the Federal Motor Carrier Safety Regulations (FMCSR) and company policy. Check oil, water, and other fluid levels daily. Ensure proper brake adjustment. Ensure truck/trailer is within legal weight limits and conforms to the bridge law. Loading Prior to loading. Be sure the trailer is swept clean and free from nails. Check for signs of leaks, especially at the top front, and around the back doors. Do not load freight that could be damaged by water onto a trailer with signs of leakage. Call operations with any questions. Slide tandems to the rear-most hole on trailers to be loaded or unloaded Count, Verify Freight. When possible, drivers must count and verify freight with bill of lading. Also, check for proper packaging. Do not accept damaged, leaking, or stained packages. Shipper Load and Count. If the shipper has loaded and

checked the freight and accepted responsibility thereof, mark the bill of lading “Shipper Load and Count” or “SLC”. Record seal numbers on the bill of lading. E-track straps. Every load is to be secured Most often E-track straps will satisfy load securement requirements. Re-check load securement after the first 150 miles or 3 hours, whichever occurs first, when possible. Tarps Use tarps to protect the freight in the event the trailer door seals leak. Also to cover the freight under a leaky roof. Assigned Truck, Trailer Maintain a clean, neat and orderly interior of assigned truck. No bodily waste will be collected and kept in any company owned equipment. Sweep trailer interior as needed. Ensure trailer shows no signs of water leakage. Paperwork Complete administrative duties as required including Vehicle Inspection Reports, Driver’s Daily Logs, fuel purchase documentation, toll and expense reports relating to company business and other paperwork. Turn in all paperwork in a

timely manner. PHYSICAL DUTIES Drivers must be able to: Load/unload trailers as required. Secure loads with E-tracks, re-secure remaining load on multi-stop or partial loads. Hook/unhook trailers as required. Slide tandem axles, fifth wheels. Lift 50 pounds. -5- Gross and Axle Weights Check gross and axle weights at nearest enroute scale before entering state weigh stations. Do not enter state weigh stations counted and delivered, and circle the number. Please call operations with any problems or questions. Load Securement - General Every load must be secured. Drivers receive four “E” track straps. This equipment is assigned to the driver and should remain with the driver. Observe seal procedures when you pick-up or drop a loaded trailer. If you have questions, call your driver manager. unless you are certain the weight is legal. Call Operations immediately if gross or axle weights exceed the legal limits. Smith Transport will pay all public scale fees but does NOT pay

overweight fines. You must turn in all copies of scale receipts. In case of an accident, or any unusual circumstances, which might cause the load to shift, re-weigh at the first available public scale. Do not enter state weigh stations if in doubt. To ensure compliance with state and federal axle weight and bridge laws, scale all loads as soon as practical after loading. This will afford the opportunity to return to the shipper if necessary to reconfigure the load. Scale all loads before leaving the Roaring Spring, Bedford, and Remington terminals. Remember that overweight fines are the responsibility of the driver. Multi-Stop Loads Reposition load locks or straps after each stop of a multi-stop load. Notice: If freight is damaged due to neglect or improper use of load securement, drivers can be held accountable. Hooking And Unhooking Hooking: Dump air bags and back to the trailer, do not go under the trailer Unloading Check Consignee. Be certain that the correct freight is delivered

to the correct consignee. If pallet exchange is required, please mark the BOL with pallets in and pallets out. Check with operations to ascertain whether pallet exchange is required. Sealed Loads: The shipper’s seal is NOT to be broken by anyone other than the shipper or the customer. If the consignee will not break the seal, verify that the seal is intact and record “Seal Intact at Delivery” on the BOL. Then call your driver manager for further instructions. No customer seal is ever to be broken without the permission of your driver manager. This permission must be obtained ahead of time. If you have any questions regarding this policy, again, call your driver manager. Every load transported by Smith Transport must be sealed; by either a shipper’s seal or a Smith Transport company seal. Failure to comply with these procedures will result in disciplinary action that could include termination. Crank dollies as needed to obtain the proper trailer height Shortages, Overages, or

Damages Shortages, overages, or damages discovered at the time of delivery must be noted and carefully itemized on all copies of the bill of lading. Call your driver manager immediately for instructions. In the case of shortages or overages, the exact description of the commodity, size, and/or model number or UPC code must be recorded. Do not mark “one short” but be as specific as possible, such as “short: one model ABC 1234 Sony Radio”. If damaged, note the exact damage and extent on the bill of lading. Be as specific as possible. Take pictures of all damaged freight Upon delivery, be certain to have the freight bill signed by the receiver with the complete name of the consignee or firm name, name of the consignee’s authorized agent (the person actually checking in the freight), and the delivery date. Drivers must also sign and date the freight bill, indicate the number of pieces Unhooking: When selecting the spot to drop your trailer, keep in mind that uneven ground,

cement pads, up hill or down hill docks can affect the height of the trailer. Check for proper alignment (96“ or 102” wide trailer). Back under the trailer: Re-charge air bags; listen for the fifth wheel to lock Tug test (pull gently forward in low gear) Visual checks Release handle is fully retracted Front pin is fully in No space between fifth wheel and trailer platform Jaws are fully closed around kingpin shank Crank dolly legs fully up, stow handle Attach airlines and electric cord Perform walk around inspection Perform rolling brake check Try to select a spot, other than docks or designated areas where the ground is level and firm. If you are dropping a trailer on cement pads, make sure that both dolly legs will make contact. If the previous driver dropped a trailer on a slope, and then a jockey truck positioned the trailer on a different slope or level ground, this could change the height of the trailer. When dropping trailers to be loaded or unloaded, slide the trailer

tandems all the way to the rear. -6- Visually inspect the sliding mechanism to ensure the locking pins are in place. PERMITS Permit Holder Each tractor is equipped with a permit holder in which the vehicle registration, insurance card, and fuel tax cards are kept. Please check all documentation periodically; be certain all documents apply to the correct vehicle, are current, complete, and legible. Required Permits Drivers are responsible to have all permits for each trip. If in doubt as to what permits are required, call Regina Smith; permit office, ext. 2286 or operations Do not cross state lines, or enter state weigh stations, unless you are certain you have the necessary permits. Trailer Registration Cards Trailer registration cards are located in the circular holder located on the front of the trailer, or near the left side landing gear support. Please check each trailer you pull to be certain the registration cards are in the holder. If the trailer registration card cannot

be located, call the permit office or operations immediately for instructions. Perform post trip inspections on the trailer being dropped. Sweep out empty trailers and report any problems to the shop or responsible personnel immediately. Unhook the airlines & electric cord. Secure on the dummy rack (if provided), tie down straps, or hook glad hands together. Crank the landing gear down until they make firm contact with the ground and tractor air bags begin to exhaust. Pull fifth wheel release lever. Dump tractor air bags. Pull tractor away from trailer slowly in low gear. Stop before pulling completely out from under the trailer and make sure landing gear is secure. Pull tractor completely out from under trailer. NOTICE: Any fines for permit violations are the responsibility of the driver. Vehicle Inspection Reports Prepare a Vehicle Inspection Report (VIR) at the completion of each day as required by part 396.11 of the FMCSR. Items in the permit holder: Permit Book List.

(Should be the 1st thing in the book) Registration – White Paper Illinois - Expires in March - must be original Insurance Card Master Lease Agreement Card IFTA Sticker - Expires in December - Must have 1 on each side of the truck. Certificate must be in the permit book and good for the current year. HazMat Certificates Hazardous Materials Certificate of Registration is valid June through June. Alliance for Uniform HazMat Transportation Procedures expire in October. California - Fuel Use Tax Permit All trucks are apportioned for California. Georgia No expiration Intrastate Indiana Expires in December Intrastate Kentucky Expires in December Intrastate Massachusetts A 53 ft. trailer permit is required This permit consists of a list of 53 ft. trailers New Mexico Tax ID Permit Must pick up in Roaring Spring Expires in December FUELING (DOT Regulations) The actual time spent “On-duty Not Driving” must be recorded. Enter the following information: Comdata is our method for purchasing

fuel. Each driver is issued a Comdata fuel card. Record the actual time spent fueling (on duty not driving) as required by the FMCSR. Drivers are also required to know and follow part 392.50 as follows: No driver or any employee of a motor carrier shall: Fuel a commercial motor vehicle with the engine running, except when it is necessary to run the engine to fuel the vehicle. Smoke or expose any open flame near a vehicle being fueled. Fuel a motor vehicle unless the nozzle of the fuel hose is continuously in contact with the pipe of the fuel tank. Permit, insofar as practicable, any other person to engage in such activities as would be likely to result in fire or explosion. Expert Fuel The Expert Fuel Program is a program that will identify the route to travel and where to fuel for each trip. Drivers are required to comply with the expert fuel program 100% of the time. You will receive a routing solution and fuel solution through Qualcomm. -7- copy will be signed by the driver.

Copies will be placed with the log and in the driver’s personnel file. Oregon – Call to Order Vermont A 53 ft. trailer permit is required Travel is restricted to Interstates 89, 189, 91 & 93 without a permit. Allowed on routes 7, 9, 103, 302, 3, 3A, & 289 with a permit. Permission from the state is required to be on any other routes. A $100000 fine is levied for the first time the company is caught, fines double every time after that. You must call Regina with exact routing; these permits can take several hours to get. SO, DO NOT WAIT UNTIL THE LAST MINUTE! 2nd Notification in 6 months – A warning letter that notifies the driver of the 2nd occurrence in 6 months. A copy will be signed by the driver. Copies will be placed with the log and in the driver’s personnel file. 3rd Notification in 6 months – The driver will be routed to the corporate office to attend an Hours of Service Compliance Course. This training will focus on the violations that the driver has

experienced in the last six months along with an overview of part 395. The driver will receive a letter explaining the 3rd violation, his/her understanding of part 395 and a commitment to operate within these rules in the future. Virginia – Permit H.R 6 Energy Policy Act – If truck has Rigmaster Wisconsin No expiration Must have M-324846 number on both sides of the truck. When checking into the shop, ask if there are any new permits for your truck. Bring the permit book into Regina from time to time. If you are not sure of something, call Regina in Roaring Spring first. Ext 2286 4th Notification in 6 months - A warning letter that indicates disciplinary measures that will be taken if there are any more occurrences in a six-month period. 5th Notification in 6 months - a warning letter and $250.00 reduction in safety bonus eligibility 6th Notification in six months – a warning letter and a three-day mandatory suspension for failure to comply. Toll Roads Drivers need to follow

the route sent with load over the Qualcomm or from the truck Navigation System. Drivers are responsible for tolls resulting from unauthorized use of the toll road. 7th Notification in six months – The driver will be discharged for failure to comply with part 395 of the FMCSR. Part 395 of the FMCSR’s mandates that the record of duty status must be turned in to the motor carrier within 13 days of completion. Smith Transport requires drivers to turn in their record of duty status at the end of each week. If a driver has a missing log he must be put on notice. If that log is missing beyond 13 days, the driver must be shut down until we have at least a faxed copy of the log prior to dispatch. COMPLIANCE POLICY - Part 395 of the FMCSR Smith Transport is working hard each day; drivers, safety and operations, to make continuous improvements to our hours of service programs and compliance. Today’s industry calls for a strict enforcement of these rules, which we believe this policy

provides. The purpose of this program or policy is to provide a systematic way to determine compliance and solve the problems a driver may have concerning part 395. Log audits must be performed to identify any falsification. Selection of drivers to be audited will be done as follows. First, those that have had an OOS Inspection by a DOT Officer. Second, those drivers that have been involved in a recordable crash. Third, a random selection if needed to acquire a sufficient amount of audits for a given month. The drivers found to have falsified this document must be disciplined. The following action will be taken. It is the standard operational policy of Smith Transport that all drivers operate their equipment within the guidelines set forth in the Federal Motor Carrier Safety Regulations. This policy deals specifically with Part 395 – Hours of Service and Daily Record of Duty Status documents. 1st falsified audit in one year – Warning Letter issued, copy to personnel file 2nd

falsified audit in one year – Warning letter issued and a 3-day suspension. Smith Transport will audit each driver’s log (Daily Record of Duty Status) for completeness, truthfulness and compliance of the 11,14, and 70-hour rules. When a driver is found in violation of these rules the following action will be taken. 3rd falsified audit in one year – Warning letter issued and a 5-day suspension. 4th falsified audit in one year – Driver will be discharged for failure to comply with part 395 of the FMCSR. 1 Notification in 6 months – Warning letter that notifies the driver of the violation that occurred. A st -8- Physically capable of safe entry and exit of a tractor and fit for an over the road trip. No arrests pending trial or any known warrants for arrest. No criminal convictions that have current probationary travel limits. Minors are limited to legal custody of son, daughter and at least 8 years of age. Children of divorced parents must have written consent of both

parents. The driver and the carrier equally share the responsibility of operational performance within the hours of service. Our operations department must also be educated with regard to part 395 and able to assign work tasks within these regulations. Any person that has the authority to direct or assign work to a driver must complete part 395 training. Any person that has the authority to direct or assign work to a driver and does so outside of these regulations must be disciplined. The following action will be taken Passenger Written Authorization When you qualify as a driver to carry a passenger, you may request to carry a passenger as often as you like. Written authorizations will be for a period of no more than 30 days. This authorization and release must be carried with you when transporting a passenger. It must be made available for any law enforcement officer, DOT officer or Company Manager that requests to see your authorization. The authorization is only good for the

passenger that is named on the document. You cannot have more than one authorization at a time. 1st offense – Warning letter copied to the Executive Director of Operations and the individual’s personnel file. 2nd offense – Warning letter and mandatory 3- day suspension. 3rd offense – The employee will be discharged for failure to comply with part 395. For any personnel that violates any rule of part 395 and the result is a recordable crash, the corrective action may be more severe up to and including discharge for failure to comply. Requests to carry a passenger must be submitted to the safety department between the hours of 8:00 AM and 4:00 PM, Monday through Friday. No authorizations will be granted after these hours or on the weekend. Drivers must plan accordingly. Authorization will be granted/denied by the Director of Safety & Compliance or a manager appointed to do so in his/her absence. Section 3 GENERAL INFORMATION Hitchhikers and animals are NOT allowed under

any circumstances. Any violation of this policy will be grounds for immediate dismissal. EQUIPMENT The driver is responsible for his/her assigned tractor/trailer in its entirety, including but not limited to safety equipment, permits, permit book, radios, etc. A company official must approve alterations to the equipment, either physical or mechanical, before the work is completed. The driver is responsible to ensure that the truck/trailer complies with all DOT regulations. The driver is responsible for the cleanliness of the truck’s interior. There is to be NO collection of bodily fluids in any truck at any time! If a truck’s interior requires cleaning, the driver will be charged no less than $25 for cleaning. A company official permits no painting, decals, or decorations on company trucks or trailers without prior approval. Authorization Request Procedure Place a call to the Safety Department Monday through Friday between the hours of 8AM and 4PM with your request to carry a

passenger. Information you will need follows: Passenger’s name Age Relationship to you Dates you would like to have this person with you not to exceed 30 days. A fax number where documents can be sent to you. (Preferably, your request should be made at our corporate facility or a terminal.) NOTICE: Random drug testing could occur at any time or frequency. Refusal to submit to a drug or alcohol test is treated the same as a positive test result and is grounds for immediate termination. If you are denied, you will be sent a message over the Qualcomm indicating why you are not eligible. When you are granted permission, all documents will be faxed or emailed to you for your review and signature PASSENGER POLICY Driver Qualifications No preventable accidents in the last six month period. No serious performance issues (multiple late deliveries, excessive citations, etc.) Passenger Qualifications and the signature of the person who will be riding with you. If your passenger is a minor

child, a parent or guardian must sign on behalf of the child. If the passenger is -9- not your child or you are divorced/separated, you must obtain the parents/other parents permission and signed release as well. Once received, the Passenger Request - Authorization will be validated and faxed back to you. These documents will be required to be with you while transporting this passenger. You must be able to present them when asked to do so by a law enforcement officer, DOT officer, Special Agent or Company Executive, Director or Manager. information as possible concerning the mechanical problem, your location, and load information, nearest truck stop, destination, and delivery time. Fuel Additive. Fuel additive for cold weather driving – 8 ounce bottle to 240 gallons of fuel: ½ bottle in each tank at fill-up. Idling Trucks left idling overnight must be idled no lower than 900 RPM. Team Driving Driving personnel may ride with another driver. Permission must be obtained from the

driver’s manager to carry that driver unless said passenger is directed to ride with another by the Management Team at Smith Transport. Teams may be allowed under the following circumstances: two existing drivers that wish to run team of the same gender may be approved by the management team or may run team under the direction of the operations department on a specific instance; existing drivers or drivers or drivers seeking employment as a team who are of the opposite sex and are not married will not be allowed. Terminal Stops Check all units through the shop when returning to Roaring Spring. Pull directly up to the south side of the terminal (in parking area) and check with the Emergency Road Service Department. Do not park in Citizens Band Radio CB Hook-Up The driver supplies his/her own CB radio. Trucks are equipped with locations for mounting CB radios and necessary power supply. Drivers may not cut wires or drill holes. No linears are permitted Accessory Equipment No radar

detectors are permitted. CD players, extra speakers, TVs, refrigerators, etc., are permissible with management’s permission and only if they can be installed without cutting wires, drilling holes, or damaging company equipment. Antennas and Coaxial Cable Each tractor is equipped with two CB antennas and coaxial cable. If you wish to use your own antennas/cables, the original equipment must be replaced when you change tractors. NOTICE: Please be courteous over the CB radio. Obscene or abusive language is illegal, and reflects badly on Smith Transport. Owner/Operators Owner/Operator’s vehicles must be inspected every 90 days. Repairs, if needed, must be completed before the vehicle can be dispatched. front of the shop bay doors at any time. The current odometer reading will be required. Shop Hours Shop is open 24 hours. Phone 866-845-0016, FAX 814-224-6934 Parking While in the shop, park units out of gear with brakes applied. Park only in the designated area Service Intervals

Trucks up to 1454: 25,000 mile Lube & Oil (P1 & P2) Trucks over 1455: 35,000 mile Lube & Oil (P1 & P2). PM services are done at: Roaring Spring, PA; Remington, IN; Ellenwood, GA; All Speedco Shops (except Harrisburg, PA); All Cleveland Brothers Shops. Please route to terminals as often as possible for services. Over The Road Repairs And Purchases All over the road repairs and purchases must be arranged through and approved by the shop foreman at Roaring Spring. A PO# will be issued by the foreman on duty. A faxed copy of the receipt will be required for any repair or purchase above $ 15.00 Maintenance Daily Checks Check oil levels daily, must be between the ½ and full marks. Water level must be visible above the radiator core. Idle after cold start at 600-900 RPM Do not run with load until the water temperature is normal. Start out in low gear when loaded. Check fuel level visually (do not rely on fuel gauge). Check tires – minimum 4/32 inch tread depth for steer

tires, 2/32 all others. Tire pressures – 100 psi Check wheelbearing (hub) oils – keep hub oil at full mark Truckwash The company truck wash in Roaring Spring is open 24 hours daily. Trucks may be washed at anytime in Roaring Spring. For truck washes outside of Roaring Spring, the truck must be out for 30 days. Blue Beacon truck wash is used everywhere except in Carlisle, PA, where the truck wash behind the Flying J is used. Mechanical Problems Call the shop immediately when any mechanical problems arise. Be prepared to give the shop as much - 10 - Recognition awards represent the ATA safe driving award pin and patch. In addition, the Smith Transport safe driving jacket is awarded at three-year intervals, and the Winross collector trucks at five-year intervals. The annual bonus and recognition award period begins on October 1st and ends on September 30th. Our goal is to reward those who drive crash free, deliver on time, take care of our equipment and make Smith Transport the

very best there is. When mistakes or unsatisfactory performance cost us money or violates company policy we must make adjustments to the program to reflect the cost and time we incur to remedy these problems. If you have any questions regarding this program contact your driver manager. Statement of Eligibility To qualify and receive any bonus a driver must be current, active, and a full time employee when the bonus is earned, created, and paid. Failure to meet these requirements will cause the bonus to be permanently forfeited or temporarily held. The bonus will not be paid to an employee on Shortterm Disability, Leave of Absence, Worker’s Compensation, or a modified work program. When a driver returns to full time active status, he/she must first continue for a full sixty-day employment period before any bonus is paid. Any employee or contractor that has any outstanding balance (payable to Franklin Logistics, Inc., Smith Transport, Inc, or any affiliate company) that would include

but not be limited to; vehicle repairs, items purchased, crash liability, insurance deductibles, etc., will have all earned bonus revenue applied to the outstanding balance in addition to any payment arrangements made. Bonus revenue will continue to be applied until the debt is satisfied. All bonuses are paid at the discretion of management. All bonuses are paid the month after the quarter ends. Handtools All drivers are required to supply and carry the following equipment: Hammer, 2 screwdrivers, 1 standard, 1 phillips, vice grips, pliers, 2 crescent wrenches (6” and 12”) fuel filter wrench, flashlight, 9/16” box-end wrench, test light, 5/16 or 8mm wrench. Escrow Ten dollars ($10.00) per week will be deducted to a maximum of $500.00 Forty-five days after resignation or termination, escrow is returned to the driver minus deductions for any of the following: Cargo claims caused by driver negligence Sweeping trailers and/or removing nails from trailer floor, minimum one-hour shop

labor Recovery of abandoned equipment Repairing, replacing, or cleaning interior Repair of topped trailers Repair of damage from backing or curbing Other items as determined by the executive committee. Any money due the company Appleton Paper High Rolls General Appleton Paper High Rolls are top-heavy loads – please be extremely careful on turns, corners, and curves. Avoid Dallas Pike, WV truck stops When transporting Appleton Paper high roll loads, do not enter the Dallas Pike, WV truck stops (I-70, MM 11) due to the steep turn at the end of the entrance/exit ramps. US HIGHWAY 41 NORTH OF CHICAGO, IL The section of highway affected runs from the intersection with I-94 to the Wisconsin border. Company trucks are not allowed on this highway (in either direction) under any conditions. Get approval from the Safety Department if it becomes necessary to use this section of highway 41. Definitions Service Failure: Any event, as the result of driver negligence, that includes but is not

limited to, a late pick-up or delivery, wrong trailer, etc. Unauthorized Out of Route: Shall be determined by management, if excessive. Crashes, Incidents, Overage/Shortage and Damaged Freight: Any crash, incident or claim that is considered chargeable including failure to report. Log Violations: Violation of the 11, 14, or 70-hour driving restrictions. Falsified Logs: Deliberate falsification of the driver’s record of duty status. Missing Logs: Any log not turned in within 13 days of completion of that day. Interior Cleanliness of Tractors and Trailers: As determined by an inspection of the unit. All units must be free of all garbage and debris. Fines and Penalties: Any fine, including out of service DOT inspections and overweight due to driver negligence. Equipment Abuse: Including but not limited to: Ran out of fuel, run down battery, any service call, towing, Section 4 Awards And Recognitions Smith Transport has a philosophy that encourages and rewards those who not only perform

well every day but also in fact find ways to go beyond normal performance expectations. We believe that the employees that perform at these levels are the ones that make Smith Transport what it is today. As with every program, measuring the program to determine if there is a win/win situation is critical. Said simply, the monies paid out in bonus dollars must come from the savings/cost reductions generated from the results of the individuals who are to earn the bonus. If not the bonus ends up costing the company money. - 11 - failure to return casing of a tire, or any failure that is determined to be the result of driver negligence. Preventive Maintenance: Routine scheduled maintenance based on mileage intervals. All other Performance/Behavior: Failure to follow written instructions sent to the truck via mobile communications or verbal instructions. Customer complaints, inappropriate behavior (use of abusive or disrespectful language, hand gestures) including any

performance/behavior that would cause a driver to be counseled resulting in a written warning. Monthly Bonuses 10,000 $.01 per mile 10,500 $.02 per mile 11,000 $.03 per mile 12,000 $.04 per mile Missing Logs All bonuses: The first two instances documented without penalty. The third = $2500, the fourth = $50.00, the fifth = $7500, the sixth subsequent each = $100.00 The count will reset to 0 upon the driver’s anniversary date. However, the first instance will now represent $25.00, the second $5000, the third $7500, the fourth and subsequent each $100.00 Fines And Penalties All bonuses: Deduction equal to the amount of the fine. Equipment Abuse All bonuses: Labor portion of any related expense/repair order including replacement cost of part if applicable. DAC Drivers $ .01 per mile for loads, $2500 for delivering a load, failure to show forfeits all bonuses. Annual Bonus Local Drivers Years Safe Driving 1 2 3 TO 9 10 AND ABOVE Preventive Maintenance All bonuses: Bonus shall be

assessed $100.00 for each 1,000 miles over due for service. Mileage definition for assessment shall be rounded to the nearest 100. Interior Cleanliness of Tractor and Trailers All bonuses: A minimum of $25.00 of costs incurred Bonus Dollars $ 500.00 $ 750.00 $ 1000.00 $ 1500.00 All other Performance/Behavior All bonuses: Bonus assessment shall be at the discretion of management based on the severity of the event. BONUS ASSESSMENTS/DISQUALIFIERS Bonuses are intended to reward those drivers/contractors who perform at an exceptional level thus creating greater profitability as a result of their efforts. Each measured area describes the penalty assessment or disqualifying event. Service Failure Monthly Performance Bonuses: First occurrence in a month, forfeiture shall be ½ of the earned bonus for that month. Second occurrence in the same month, forfeiture shall be the entire monthly bonus for that month. Annual Bonuses: $ 100.00 for each occurrence. Unauthorized Out of Route Shall be

determined Expert Fuel Program Compliance Drivers must maintain 85% compliance per quarter with our fuel purchase program to be eligible for bonus. Section 5 ACCIDENTS Report all accidents to the safety department immediately. If involved in an accident, obtain as much information as possible. Use the Accident Packet, and complete all information. Take pictures of vehicles involved, and the accident scene. Obtain information about: Drivers and passengers Vehicles to include insurance information Investigating officer’s name Names and addresses of witnesses Any damage Any injuries and information about where the injured were taken for treatment. Crashes, Incidents, Overage/Shortage and Damaged Freight Actual cost of the crash, incident or claim up to the total bonus amount earned or accrued at the time. Log Violations All bonuses: the fifth violation in any six-month period would have a bonus assessment of $ 250.00 Falsified Logs Monthly Bonuses: First occurrence in a month, $

200.00 bonus assessment Second occurrence in the same month, forfeiture of the entire monthly bonus. Annual bonuses: Second falsified audit in bonus year - forfeit ½ of bonus. Third falsified audit in bonus year – forfeit entire bonus. NOTICE: DO NOT ADMIT FAULT or LIABILITY FOR ANY ACCIDENT AT THE ACCIDENT SCENE. Post – Accident Immediately after an accident, please notify operations that you must be routed to Roaring Spring terminal within 72 hours. If operations is unable to do so, please advise Safety. - 12 - Making a false accident report Homicide, manslaughter or assault rising out of the use of the vehicle Driving while license is suspended or revoked Careless driving Attempting to elude a police officer 25 mph over the speed limit Determination of Accident Preventability The Safety Department will determine each accident preventable or non-preventable. A driver may request a review of a Preventable Accident charge by notifying the Director of Safety. The Director of

Safety, a committee of management and drivers will review the case. The driver will have the opportunity to present an explanation of the case, and ask/answer questions. Accident investigation reports, photographs of the accident scene, reports from witnesses, etc. will be examined and discussed Each committee member will vote preventable or nonpreventable. The majority will determine the case Minor Convictions Any moving violation other than a major conviction, except: Motor vehicle equipment, load or size requirement. Improper/failure to display license plates (if they exist). Failure to sign or display registration Failure to have driver’s license in possession (if valid license exists) Preventable Accident Policy Corrective action for preventable accidents will progress from a warning letter through termination. Four preventable accidents within any six-month period will be grounds for immediate termination. Application A driver whose MVR places him/her in the borderline

category will be placed on probation. Any further convictions could lead to termination. A driver whose MVR places him/her in the poor category can be terminated from employment. Motor Vehicle Report (MVR) Guidelines All Drivers’ MVR’s are under continuous review using the guideline listed below. Please do not confuse the guidelines with the State Point System the guidelines are devised by Smith Transport’s insurance carrier and must be applied to all Smith Transport drivers. The previous 3 years on the MVR will be used to place the driver into one of the following four categories: Section 6 FATIGUE Drivers are expected to report to work fully rested and prepared for the day’s activity. Any driver that is feeling overly tired or drowsy should seek a rest area or other appropriate safe place to pull over and rest. Clear – CL No points on MVR Acceptable – AC 0 at-fault accidents and no more than 2 violations Or 1 at-fault accident in the last 3 years and 1 violation

Borderline – BL 0 at-fault accidents and 3 violations Or 1 at-fault accident and/or 2 violations Poor – PR 1 or more major convictions Or 1 at-fault accident and 3 violations Or 2 at-fault accidents and 2 violations Or 3 or more at-fault accidents in the last 3 years SEATBELTS It is the law in most states and the policy of Smith Transport, Inc. that all employees and occupants of any Smith Transport, Inc. vehicles are wearing seatbelts at all times while the vehicle is in motion. Definitions At-fault Accident – Any accident where the driver is cited with a violation, or negligently contributes to the incident, or any single vehicle accident where the cause is not equipment related. Major Convictions (in 5 years) – Any of the following: Driving under the influence of alcohol or drugs. Failure to stop/report an accident Reckless driving/speed contest Driving while impaired - 13 - Driver Responsibilities / Expectations Regarding the Cleanliness of Tractors The safety and

well being of our employees is extremely important in order for them to be effective in carrying out their respective duties. Clean trucks are safe and pleasant to drive and work in. Tractors must always meet minimum standards of cleanliness. They are as follows:  No Port-A-Potty’s, no urine bottles or jugs no buckets used for discharge of human waste. There are enough facilities available to the driving public that allows drivers under the worst conditions to be able to relieve themselves without using the truck as a restroom. It creates a bio-hazard to drivers and to mechanics that is unacceptable.  All gear carried on board must have a safe and secure storage place. All loose items from a pen to a cooler become projectiles in an accident or panic stop. They can strike the driver causing injury or loss of control while driving. If the item can not be stowed in a secure location, it can not be carried.  Garbage should be kept in a plastic bag in a small container. The

container should be emptied frequently.  The dashboard should be free of debris.  All windows should be free from any obstructions including the blind spot window on the passenger side door. Nothing should be blocking vision in any window.  Window tint is not allowed without a medical prescription. All of our trucks already have the maximum tint allowed by law.  The interior of our trucks should be vacuumed, swept and wiped down routinely. Dirty trucks breed germs that can cause illness.  Windows and mirrors should be washed daily to insure clear vision when driving.  CB Radios should only be mounted in the manufacturers designated areas.  Radar detectors are not allowed.  Electronic mapping devices, computers etc are not allowed to be mounted in the cab area in view of the driver. All attention must be focused on the road. If you have a GPS unit that you would like to use. You must use the audible    features to assist you in navigation not the

visual. All accessories that require some type of mounting must be approved and installed by our shop. If you are in doubt about the acceptance of items you would like to carry, ask first before you put it in the unit. As stated elsewhere in this manual, drugs other than those prescribed by a doctor, alcohol, pets of any kind, weapons and unauthorized passengers are not allowed under any circumstance. If your truck is found to be in an unacceptable condition, you will be asked to clean the unit or remove improper devices. You will not be dispatched or allowed to leave under a load until the proper corrections are made. If we are forced to clean the unit, the driver’s escrow will be charged $50.00 If the power unit is not kept in a reasonable state as mentioned above, the driver may be passed over for an upgrade or new unit. For continued problems disciplinary steps may be taken that could include suspension or discharge. - 14 - SMITH TRANSPORT, INC. CELL PHONE USE & DRIVING

POLICY Employees are required to comply with all state and local laws regarding the use of wireless phones while driving. Employees can not make or receive telephone calls while driving. Employees must let incoming calls go to their voicemail and then find a safe and lawfully designated place to pull over and park before initiating a call. Under no circumstances should employees use wireless phones during adverse weather or difficult traffic conditions. Sending, receiving, reading text messages and email is strictly prohibited when driving. Employees must find a safe and lawfully designated place to pull over and park before initiating a text message, reading a text message or sending / receiving email. This employer takes its phone use policy seriously. Any violations of this policy will subject employees to disciplinary action, up to and including termination of employment. - 15 - SMITH TRANSPORT, INC. USE OF SPEED POLICY Employees are required to comply with all state and

local speed limits while driving any Smith Transport, Inc. vehicles Under no circumstances should employees exceed any posted speed limit. There will be times that road conditions, weather, traffic etc. will cause the roadway to be unsafe at the posted speed. A speed below the limit must be chosen that will allow the driver to operate the vehicle safely without incident or accident. This employer takes its use of speed policy seriously. Any violations of this policy (citations, warnings, DOT inspection violations, documented motorist complaints etc,) will subject employees to disciplinary action, up to and including termination of employment for infractions that are deemed serious or repetitive to excess. - 16 - THE PAYROLL DEPARTMENT DRIVER ORIENTATION REFERENCE MANUAL Revised 8/08 - 17 - CASH RECEIPTS Each receipt must have the corresponding reference/load number and driver code clearly marked on the front along with the proper PO# if necessary. The receipt must be

enclosed in the corresponding DTR, which reflects the same reference/load number. We will issue advances as needed to cover the driver’s tolls once dispatched. All receipts are reimbursed through the drivers pay and the advances will be deducted. You are not taxed on receipts reimbursed through payroll. Any toll advances drawn off up until Wednesday will be deducted from the following Friday (the pay period that ends at 12 midnight Thursday). If you are given an advance for tolls you must turn in at least half the amount given in receipts or you will be charged the $7.15 service fee The drivers are required to write on the outside of the DTR what expense receipts are enclosed. Supplies, repairs, and washes must have a PO number assigned by the shop for all reimbursements regardless of the price. Wash PO’s are for the wash only Waxes and extras on washes are not reimbursed. A signature on the receipt is not sufficient for reimbursement Do not hold receipts for over a month. We

cannot reimburse receipts that have been held or altered in any way. Weight receipts must have both copies turned into be reimbursed If a weight receipt is turned in without both copies it will not be reimbursed. If you are Com’d the money for a lumper, please make sure that you completely fill out the Smith lumper receipt and also make sure the lumper signs the receipt and then turn it in with the corresponding DTR. If the receipt is not turned in, it will be deducted from your pay, it may also delay your pay on that load. If you hand unloaded the load yourself, please turn in a hand written lumper receipt with your signature on it for billing purposes. - 18 - DRIVER’S PAYROLL We hold ONE week on payroll. Payroll’s beginning day is Friday, and the ending day or cutoff day is Thursday at midnight Do not hold your paperwork We cannot stress enough that you must turn in all paperwork every time you empty a load. Please remember that Trip Pak is a two day delivery so if you

wait till Friday or Saturday to drop your paperwork that emptied Thursday for the following weeks pay, it more in likely will not make it in on time for the payroll cut off. Just remember ONE TRIP, ONE ENVELOPE, EVERY TIME We pay off of the DTRs, so we cannot pay you until you until they get here. All drivers’ DTRs within that week’s cut-off period (Thursday midnight) must be turned in by 5:00 pm Monday afternoon in order to be processed for that Friday’s pay. DTRs not turned in before that time will be applied to the following week’s payroll. Make sure you have a completed green sticker, lumper and any pallet receipts that belong with that trip in that DTR. The payroll system is through ComData. You do not receive a paycheck from the company However, we do mail out a Driver Payroll Recap. There is a form that needs to be filled out to set up your ComData Payroll account. You choose what you want done with your pay Your options are as follows: 100% to your bank, 100% to

ComData, or a fixed amount sent to your bank or card. Money put on your ComData card can be drawn off at an ATM machine, or you can register a comcheck through ComData, whichever is more convenient for you. If you are choosing any of the options that go to your bank account, you must attach a voided check to the form. *MAKE SURE YOUR CHECK HAS THE PROPER BANK ROUTING AND ACCOUNT NUMBERS FOR WIRES. * It takes approximately 10–14 working days for ComData to set up your bank account information. Therefore, your first and possibly second payroll runs will go 100% to your ComData card. Once your direct deposit goes thru it WILL NOT automatically transfer your first two pay checks to your account. You will have to call and authorize a ComData check or you can also use your fuel card at an ATM machine. You will need to list it as a checking account Since we can’t be sure when a direct deposit goes thru, please make sure your money is at your bank before writing out any checks. You can

check by calling your bank or Payroll can also let you know when it goes. The 1-800-741-6060 # on the back of your ComData card may be called on Friday after 8:00 am to inquire about the amount on your card. RememberComData charges $1 each time you access your payroll account. - 19 - FUEL Our fuel program is through ComData. You will be given a fuel card, and a book of ComChecks. The fuel card is assigned to the driver. Keep your card and ComChecks with you any time you switch trucks. Keeping your card is also very important due to the fact that your payroll also goes through the card. If you happen to misplace your fuel card, please contact payroll ASAP. We will handle the situation and give you further instructions. Any questions regarding fuel stop additions or deletions should be directed to Greg Grubbs. - 20 - TRANSFLO TRIP SHEET We have 2 options to utilize the Transflo bill scanning process. Option 1. Truck Stop scanning Option 2. TRANSFLO Mobile + (personal mobile

device) Truck-stop Scanning. You will need your TRANSFLO cover sheet, your bills, along with any fuel receipts, scale tickets, lumper receipts and proceed to the truck stop scanning station to scan your bills. Truck stops will either have a scanning station and/or the attendant at fuel desk can perform the scan for you. If the attendant performs scan they may ask for our fleet ID which is SMTA. After scan is complete, retain your TRANSFLO cover sheet & bills for 45 days. every Remember.It’s very important you have a TRANSFLO cover sheet with every load and load has a scan. You can find a list of scan locations at www.transfloexpresscom Mobile scanning using TRANSFLO Mobile + Step 1. Download the TRANSFLO MOBILE + app from the APP store Step 2. Enter the corresponding information, including the Carrier code SMTA for Smith Transport other information will be your driver information, ieDriver code and email address. You’re now ready to use your device for Mobile scanning.

Again, you will first need your TRANSFLO cover sheetremember one cover sheet per load and one load per scan. Tips for Mobile scanning Individual image of each page, cover sheet first, then bills and receipts associated with the load. Its best to take imagines from about 14 inches away and be sure to crop each image so there is no background. Once scan is complete and sent you will get a confirmation number, retain with your bills for 45 days - 21 - COMCHECK AUTHORIZATION When authorizing a ComCheck for payroll, use the following procedures: 1. All new drivers with Franklin Logistics Inc must set up a four-digit pin number within 72 hours from the date the card is issued by calling 1-800-741-6060. The pin number must be set up even if you have 100% going to your bank account. If you do not set up this pin number within 72 hours, you will need to contact the payroll department to have your pin number reset. 2. Call 1-800-741-6060 to get an automated teller Follow the instructions to

authorize a ComCheck for your payroll. 3. Once you call and register the check number and the amount, it is then a valid check Please make sure when punching in the check number that it is the check you are using. If it is punched in wrong it is very difficult to get the check cancelled without ComData having the original in their possession. There could be up to a 30-day wait period to get the check cancelled and transferred to another check, which means you will have to wait 30-days to receive your money, so please be very cautious when authorizing your ComChecks. Whoever is cashing the check can then call the 800 # on the check to get an authorization # and to verify the amount & check number with ComData. - 22 - COMCHECK FOR COMPANY PURPOSES If you are writing a ComCheck for company purposes (repairs, lumpers, tolls, etc.), 1. You must contact your Dispatcher when writing a check for a lumper He will then get in touch with payroll to ok the lumper. Once the comcheck is

issued it will shoot the express code straight to your Qualcomm. If you are not in your truck your dispatcher will have to transfer you down to payroll, then we can read you the express code. 2. Once we give you the express code it needs to be written on the ComCheck It is necessary to get the express code and to write it on the Com Check. Otherwise, the check is not valid. This is only for company used checks The express code is not needed when writing a ComCheck for pay. When receiving express codes please DO NOT repeat the authorization code back to your payroll clerk for security reasons. Your payroll clerk will repeat it back to you. 3. Your ComCheck is now valid and may be given to the person receiving payment They will need to call the 800 # on the check to verify that the check is valid. Please wait while they make the call. If there is a problem, you may need to contact Payroll 4. When needing a Com Check for any type of repair you must contact the shop office 5. Finally, if

ever a ComCheck needs to be voided for any purpose (pay or company), DO NOT destroy the check until you have contacted Payroll and they figure out the problem. - 23 - IN ADDITION Please note that we only withhold state tax from the following states: PA, IN, NY, GA, MD, NC, OH, VA, WI, and WV. Local tax is withheld ONLY IF YOU LIVE IN THE STATE OF PENNSYLVANIA. Keep these manuals to refer back to. You can find the answers to many questions you might have later. If you have any further questions, please feel free to call us or stop by the payroll department and see us. Chris Weaver Payroll Manager Payroll Extensions & Direct Toll Free Numbers: Ext. 2251 – Britani Garber 1-866-845-0015 Ext. 2280 – Staci Shawley 1-877-432-0046 Ext. 2252 – Chris Weaver 1-866-845-0012 Britani handles drivers A to G and N to SP: Staci handles H-M and SPI to Z drivers. Chris is the payroll manager and handles all local and casual drivers. - 24 - “Dedicated to Excellence” SMITH

TRANSPORT, INC ALCOHOL and SUBSTANCE ABUSE PROGRAM FOR LEASED DRIVERS Revised 9/04 - 25 - ALCOHOL AND SUBSTANCE ABUSE POLICY I. STATEMENT OF POLICY: FRANKLIN LOGISTICS, INC. Franklin Logistics, Inc. leases driver personnel to Smith Transport, Inc (hereafter referred to as “the Company”). The company has a responsibility to comply with the US Department of Transportation’s Regulation regarding testing of certain or all leased (hereinafter referred to as “Driver[s]”). To accomplish that end, neither the Company nor Franklin Logistics will condone and will not tolerate any of the following behaviors by its drivers: A. Use of illicit drugs B. Abuse of legal (prescription or over-the-counter) drugs C. Sale, purchase, transfer, use or possession of illegal drugs or prescription drugs obtained illegally. D. Abuse of alcohol E. Arrival for work under the influence of alcohol or illegal drugs to the extent that job performance is affected. In the case of alcohol and/or drug

abuse, the Company will use constructive disciplinary measures to motivate the driver to seek assistance, and will direct said individual(s) to appropriate resources available in the community. The testing of driver’s breath or saliva for alcohol and urine for drugs is an effective means to identify those in need of counseling, treatment, or disciplinary action. II. CATEGORIES OF DRIVERS SUBJECT TO ALCOHOL AND DRUG TESTING: Alcohol and drug testing applies to every person who operates a commercial motor vehicle, and is subject to the Commercial Driver’s License (CDL) requirements. The following are the types of commercial motor vehicles that are in involved: A. A motor vehicle with a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000.00 pounds; or B. A motor vehicle with a gross vehicle rating of 26,001 pounds or more; or C. A motor vehicle that is designed to transport 16 or more passengers

including the driver; or D. A motor vehicle of any size used in the transportation of hazardous materials requiring the motor vehicle to be placard. - 26 - III. WHEN IS THE DRIVER REQUIRED TO BE IN COMPLIANCE WITH THE ALCOHOL AND DRUG TESTING RULES: A driver is considered performing a safety-sensitive function when he/she is on duty. On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. On duty time shall include: A. All time at a carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier; B. All time inspecting, servicing, or conditioning any commercial motor vehicle at any time; C. All driving time spent at the driving controls of a commercial motor vehicle; D. All time, other than driving time, in or upon any

commercial motor vehicle except time spent in a sleeper berth; E. All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or giving or receiving receipts for shipments loaded or unloaded; F. All time spent performing the driver requirements relating to accidents; and G. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. No driver shall perform safety-sensitive functions within four hours after using alcohol; therefore, the period of the workday, which you must be in compliance, would be four (4) hours before going on duty. IV. CONDUCT PROHIBITED: The prohibited practices are: A. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. A driver with an alcohol concentration of 0.02 but less than 004 must

be relieved of all safety-sensitive functions for 24 hours. B. No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. - 27 - C. No driver shall use alcohol while performing safety-sensitive functions D. No driver shall perform safety-sensitive functions within four (4) hours after using alcohol. E. No driver required to take a post-accident alcohol test shall use alcohol for eight (8) hours following the accident, or until he/she under goes a post-accident alcohol test, whichever comes first. F. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the drivers’ ability to safely operate a commercial motor vehicle. G. No driver

shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive for controlled substances. H. No driver shall refuse to submit to an alcohol or controlled substance test under the following requirements: 1. Post-Accident 2. Random 3. Reasonable Suspicion 4. Follow-up The Company shall not permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions. 1. The Company may require a driver to inform the Company of any therapeutic drug use. V. FREQUENCIES AND PATTERNS UNDER WHICH A DRIVER MAY BE TESTED: Individuals will be tested for the presence of alcohol in the breath OT saliva and drugs in the urine under any and/or all of the conditions below: A. Pre-employment Testing: Prior to the first time a driver performs safety-sensitive functions for the Company, the driver shall undergo testing for controlled substances. B. Post-Accident Testing: As soon as practicable following an accident involving

a commercial motor vehicle, the Company shall test for alcohol and controlled substances on each surviving driver. 1. Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved a loss of human life; or 2. Who receives a citation under State or local law for a moving traffic violation arising from the accident. A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the Company to have refused to submit to testing. The results of a breath, blood or saliva test for the use of alcohol or a urine test for the use of controlled substances, conducted by Federal, State or local officials having independent authority for the test, shall be considered to meet the requirements of this section, provided - 28 - such tests conform to applicable Federal, State, or local requirements, and that the results of the tests are obtained by the Company. C. Random Testing: Random testing will be

conducted on an unannounced basis The minimum annual percentage rate for random alcohol testing shall be 10 percent and the minimum annual percentage rate for random controlled substance testing shall be 25 percent of the average number of driver positions. This will be accomplished by using a computer generated random number selector at the beginning of each period. As new drivers are added to the work force, they will be assigned a number for the current period. All drivers will have an equal statistical likelihood of being selected for testing during any designated testing period. The Company shall require each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately: provided, however, if the driver is performing a safety-sensitive function at the time of notification, the Company shall instead ensure that the driver ceases to perform the safety-sensitive function and proceed to the testing site as soon as

possible. 1. A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, or just after the driver has ceased performing such functions. D. Reasonable Suspicion Testing: The Company shall require a driver to submit to an alcohol test when the Company has reasonable suspicion to believe that the driver has violated the prohibitions concerning alcohol. The Company’s determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The observations may include indications of the chronic withdrawal effects of controlled substances. The required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made by a supervisor or company official who is trained in alcohol misuse and controlled substances use. The person who makes the determination

that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver. Alcohol testing is authorized only if the observations are made during, just preceding, or just after the period of the workday that the driver is required to be in compliance. A driver may be directed by the Company to only undergo reasonable suspicion testing while the driver is performing safety-sensitive functions, or just after the driver has ceased performing such functions. A written record shall be made of the observations leading to a controlled substances reasonable suspicion test, and signed by the supervisor or company official who made the observations, within 24 hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier. E. Return to Duty Testing: The Company shall ensure that before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited

concerning alcohol, the driver shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 The Company shall ensure that before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited concerning controlled substances, the driver shall undergo a - 29 - return-to-duty controlled substances test with a result indicating a verified negative result for controlled substance use. F. Follow-up Testing: Following a determination under 49CFR, 382605(b) that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or controlled substances use, the Company shall ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substances testing as directed by a Substance Abuse Professional (SAP) in accordance with the provisions of 49 CFR, 382.605(c)(2)(11) Follow-up alcohol testing shall be conducted only when the driver is

performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing safetysensitive functions. The driver shall be subject to unannounced follow-up alcohol and/or controlled substances tests administered by the Company following the driver’s return to duty. The follow-up testing must consist of at least six tests in the first 12 months following the driver’s return to duty. Follow-up testing shall not exceed 60 months from the date of the driver’s return to duty. VI. ALCOHOL TEST PROTOCOL: Alcohol testing will use a two-tiered technique. Initially, the breath or saliva will be subjected to a screening test. If the screening test indicates an alcohol concentration of 002 or greater, the driver will be asked to take a Breathalyzer test. The second test is referred to as a confirmation test. If the confirmation test confirms an alcohol concentration of 0.02 or greater but less than 0.04, the

regulations require that you not be permitted to perform safety-sensitive functions for at least 24 hours. If the confirmation test confirms an alcohol concentration level of 0.04 or greater, the regulations require that you be referred to a Substance Abuse Professional (SAP) for evaluation. To insure consistency and uniformity of breath collection, the following procedure shall be followed when breath is collected for the purpose of alcohol testing: A. Procedures for Alcohol Screen Testing: 1. When the driver enters the alcohol testing location, the Breath Alcohol Technician (BAT) or Screening Test Technician (STT) will require him or her to provide positive identification (e.g, through use of a photo ID card or identification by a Company representative). On request by the driver, the BAT or STT shall provide positive identification to the driver. The BAT shall explain the testing procedures to the driver. - 30 - 2. The BAT shall complete step 1 on the Breath Alcohol Testing

Form The driver shall complete Step 2 on the form, signing the certification. REFUSAL BY THE DRIVER TO SIGN THIS CERTIFICATION SHALL BE REGARDED AS REFUSAL TO TAKE THE TEST. 3. An individually-sealed mouthpiece shall be opened in view of the driver by the BAT and attached to the Evidential Breath Testing device (EBT) in accordance with the manufacturer’s instructions. 4. The BAT shall instruct the driver to blow forcefully into the mouthpiece for at least 6 seconds or until the EBT indicates that an adequate amount of breath has been obtained. 5. If the EBT does meet the requirements of 49 CFR, 4053(b)(1) through (3), the BAT shall ensure, before the screening test is administered for each driver, that he or she and the driver read the sequential test number displayed by the EBT. If the EBT does not meet the requirements of CFR, 40.53(b)(1) through (3), the BAT shall show the driver the test result displayed on the EBT. The BAT shall record the displayed result, test number, testing

device, serial number of the testing device, time and quantified result in Step 3 of the form. Record the test number, date of the test, name of the BAT location, and quantified test result in the logbook. The driver shall initial the logbook entry If the EBT provides a printed result, but does not print the results directly onto the form, the BAT shall show the driver the result displayed on the EBT. The BAT shall then affix the test result printout to the breath alcohol test form in the designated space, using a method that will provide clear evidence of removal (e.g tamperevident tape) If the EBT prints the test results directly onto the form, the BAT shall show the driver the result displayed on the EBT. 6. In any case in which the result of the screening test is an alcohol concentration of less than 0.02, the BAT shall date the form and sign the certification in Step 3 of the form The driver shall sign the certification and fill in Step 4 of the form. No further testing is

authorized The BAT shall transmit the result of less than 0.02 to the Company in a confidential manner, and the Company shall receive and store the information so as to insure that confidentiality is maintained as required by 49 CFR, 40.8 If the driver does not sign the certification in Step 4 of the form or does not initial the logbook entry for a test, it shall be considered a refusal to be tested. In this event, the BAT shall note the driver’s failure to sign or initial in the “Remarks” section of the form. If a test result printed by the EBT does not match the displayed result, or if a sequential test number printed by the EBT does not match the sequential test number displayed by the EBT, prior to the screening test, the BAT shall note the disparity in the “Remarks” section. Both the driver and the BAT shall initial and sign the notation. In accordance with 49 CFR, 4079, the test is invalid and the driver shall be so advised. 7. If the result of the screening test is an

alcohol concentration of 002 or greater, a confirmation test shall be performed. - 31 - 8. If the confirmation test is conducted by a different BAT, the BAT who conducts the screening test shall complete and sign the form and log book entry. The BAT will provide the driver with Copy 2 of the form When a non-evidential alcohol-screening test is conducted, the STT shall explain the testing procedures to the driver. 1. The STT shall complete step 1 on the Breath Alcohol Testing Form The driver shall then complete step 2 on the form, signing the certification. REFUSAL BY THE DRIVER TO SIGN THIS CERTIFICATION SHALL BE REGARDED AS A REFUSAL TO TAKE THE TEST. 2. The STT shall check the expiration date of the saliva testing device, show the date to the driver, and then open the individually sealed package containing the device in the presence of the driver. 3. The STT shall offer the driver the opportunity to use the swab If the driver chooses not to use the swab, or when a new test is

necessary, the STT shall insert the absorbent end of the swab into the driver’s mouth. In any of the above situations, the swab must be moved actively throughout the mouth for a sufficient time to ensure that it is completely saturated. 4. The STT shall insert the swab into the opening in the device and maintain firm pressure on the device until the device indicates that it is activated. If any of the above procedures are not followed successfully, the STT shall discard the device and swab, and conduct a new test using a new device. The STT shall note in the remarks section of the form the reason for the new test. 5. If the new test is terminated, an explanation shall be entered in the remarks section of the form. Any subsequent test shall then be conducted using an EBT for both the screening and confirmation tests. 6. The STT shall read the result displayed on the device two minutes after inserting the swab into the device. The STT shall show the device and it’s reading to the

driver and enter the result on the form. 7. If the result of the screening test is an alcohol concentration of less than 002, the STT shall date the form and sign the certification in step 3 of the form. The STT shall enter, in the “Remarks” section of the form, a notation that the screening test was performed using a non-evidential breath testing device or a saliva device, as applicable. 8. If the result of the screening is an alcohol concentration of 002 or greater, a confirmation test using on EBT device shall be performed. - 32 - B. Procedures for Alcohol Confirmation Testing: 1. If a BAT other than the one who conducted the screening test is conducting the confirmation test, new BAT shall follow the procedures for alcohol screen testing. 2. The BAT shall instruct the employee not to eat, drink, put any object or substance in his/her mouth, and to the extent possible, not belch during a waiting period before the confirmation test. The time begins with the completion of the

screening, and shall not be less than 15 minutes. The confirmation test shall be conducted within 30 minutes of the completion of the screening test. The BAT shall explain the test will be conducted at the end of the waiting period, even if the driver has disregarded the instruction. If the BAT becomes aware that the instructions were not complied with, the BAT shall so note in the “Remarks” section of the form. 3. If a BAT other than the one who conducted the screening test is conducting the confirmation test, the new BAT shall initiate a new Breath Alcohol Testing form. The BAT shall complete Step 1 on the form The driver shall then complete Step 2 on the form, signing the certification. REFUSAL BY THE DRIVER TO SIGN THIS CERTIFICATION SHALL BE REGARDED AS A REFUSAL TO TAKE THE TEST. The BAT shall note in the “Remarks” section of the form that a different BAT conducted the test. In all cases, the procedures in A 2,3 and 4 above shall be followed. A new mouthpiece shall be

used for the confirmation test 4. Before the confirmation test is administered for each driver, the BAT shall insure that the EBT registers 0.00 on an air blank If the reading is greater than 0.00 the BAT shall conduct one more air blank If the reading is greater than 0.00, that instrument shall be taken out of service 5. Before the confirmation test is administered for each driver, the BAT shall insure that he/she and the driver read the sequential test number displayed by the EBT. 6. IN THE EVENT THAT THE SCREENING AND CONFIRMATION TEST RESULTS ARE NOT IDENTICAL, THE CONFIRMATION TEST RESULT IS DEEMED TO BE THE FINAL RESULT UPON WHICH ANY ACTION UNDER OPERATING ADMINISTRATION RULES SHALL BE BASED. 7. If the EBT provides a printed result, but does not print the results directly onto the form, the BAT shall show the driver the result displayed on the EBT. The BAT shall then affix the test results printout to the breath alcohol test form in the designated - 33 - space, using a

method that will provide clear evidence of removal (e.g tamper-event tape). If the EBT prints the test results directly to the form, the BAT shall show the driver the result displayed on the EBT. 8. Following the completion of the test, the BAT shall date and sign the certification in Step 3 of the Form. The driver shall sign the certification and fill in Step 4 of the form If the driver does not sign the certification in Step 4 of the form, it shall not be considered a refusal to be tested. In this event, the BAT shall note the driver’s failure to sign in the “Remarks” section. If a test result printed by the EBT (see paragraph B7) does not match the displayed result, or if a sequential test number printed by the EBT does not match the sequential test number displayed by the EBT prior to the confirmation test (see paragraph B5), the BAT shall note the disparity in the “Remarks” section. The driver and the BAT shall initial and sign the notation The test is invalid and the

driver shall be so advised. 9. The BAT shall transmit all results to the Company in a confidential manner C. Refusal to Test and Uncompleted Test: 1. Refusal by a driver to complete and sign the alcohol testing form required by step 2, to provide a breath or saliva sample, to provide an adequate amount of breath, or otherwise to cooperate in a way that prevents the completion of the testing process, shall be noted by the BAT or STT in the “Remarks” section of the form. THIS CONSTITUTES A REFUSAL TO TEST. The testing process shall be terminated, and the BAT or STT shall immediately notify the Company. 2. If the screening test cannot be completed, for reasons other than a refusal by the driver, or if an event occurs that would invalidate the test, the BAT or STT shall, if practicable, immediately begin a new screening test, using a new testing form and, in the case of a test using a saliva screening device, a new device. D. Inability to Provide an Adequate Amount of Breath or

Saliva 1. If a driver is unable to provide sufficient saliva to complete a test on a salivascreening device (the driver does not provide sufficient saliva to activate the device), the STT shall conduct a new test using a new device. If the driver refuses to complete the new test, the STT shall terminate testing and immediately inform the Company. THIS CONSTITUTES A REFUSAL TO TEST. - 34 - If the new test is completed, but there is an insufficient amount of saliva to activate the device, the STT immediately informs the company, which shall immediately cause an alcohol test to be administered to the driver using an EBT device. 2. If a driver is unable to provide sufficient breath to complete a test on a nonevidential breath testing device, and/or if a driver attempts and fails to provide an adequate amount of breath on a EBT device, the Company shall: a. Direct the driver to obtain, as soon as practical after the attempted provision of breath, an evaluation from a licensed

physician who is acceptable to the Company concerning the driver’s medical ability to provide an adequate amount of breath. b. If the physician determines there is a medical condition or a high degree of probability causing the driver’s failure to provide an adequate amount of breath shall not be deemed a refusal to take a test. c. If the licensed physician cannot make a reasonable medical judgement, and is unable to make the determination what caused the driver’s failure to provide an adequate amount of breath, THIS SHALL BE REGARDED AS A REFUSAL TO TAKE A TEST. VII. WHAT SUBSTANCES ARE TO BE TESTED IN THE URINE: Urine drug testing will be conducted in conjunction with each of the following categories listed in Part V to determine and/or identify the presence of any controlled substance (or category of controlled substances) listed below: 1. 2. 3. 4. 5. Marijuana Cocaine Opioids Phencyclidine (PCP) Amphetamines Detection thresholds consistent with the available technology

have been established for each of the drugs/drug groups shown above. The detection thresholds will be used uniformly in the interpretation of all drug tests. In all cases, the testing will utilize a two-tiered technique Initially, all specimens will be subjected to a screening analysis using FDA approved drug screening reagents. If a specimen produces a positive result at or above the detection threshold, that specimen will be subjected to a second level confirmation procedure utilizing Gas Chromatography/Mass Spectroscopy technology. Only if both the screen and the GC/MS fail to confirm the findings of the original screening procedure, the substances will be reported non-detectable (i.e –negative) in the urine - 35 - VIII. DETECTION THRESHOLDS FOR ABUSE SUBSTANCES: The detection thresholds shown below will be used to differentiate between positive and negative findings. The thresholds will be applied uniformly and without bias to all urine being tested. It shall be the

responsibility of the testing facility to verify at the levels specified below. Results will indicate only the presence or absence of the substance in question and will give no indication of semi-quantitative levels. This will prevent any driver from being treated with bias of prejudicial behavior. SUBSTANCES SCREEN THRESHOLDS Marijuana metabolites Cocaine metabolite (Benzoylecgonine) Codeine Morphine Hydrocodone Hydromorphone Oxycodone Oxymorphone 6-Acetylmorphine Phencyclidine Amphetamine Methanphetamine MDMA MDA CONFIRMATION THRESHOLDS 50 ng/ml 150 ng/ml 2000 ng/ml 300 ng/ml 100 ng/ml 10 ng/ml 25 ng/ml 500 ng/ml 500 ng/ml 15 ng/ml 100 ng/ml 2000 ng/ml 2000 ng/ml 100 ng/ml 100 ng/ml 100 ng/ml 100 ng/ml 10 ng/ml 25 ng/ml 250 ng/ml 250 ng/ml 250 ng/ml 250 ng/ml NOTES: Company management retains the right to modify these detection thresholds (as technological advances become available). Should this occur, all affected drivers will be notified of the new thresholds. Company

management retains the right to add or delete substances from the lists shown in Part VII if mandated by changes in existing Federal and/or State Regulations. IX. EXCLUDED TESTING: The Company specifically limits its testing to the drugs listed in Part VII when determining the following: 1. 2. 3. 4. Temperature of the specimen will be determined at the time of collection. Specific Gravity will be determined. pH will be determined. Urine Creatinine will be determined. - 36 - These additional tests will be conducted to ensure that the specimen provided by the driver meets the technical quality requirement for the testing and that no attempt has been made on the part of the driver to alter or substitute any specimen. The Company specifically prohibits the urine to be used for any other reason than to determine the presence of the controlled substances listed in Part VII. Specifically prohibited is testing for alcohol, pregnancy, diabetes, any genetic disease and/or trait, any

other disease or medical condition that could be detected in the urine specimens by established clinical technology. X. SPECIMEN COLLECTION PROTOCOL: To ensure consistency and uniformity of specimen collections, the following procedure shall be followed when any specimen is collected (except for Post-Accident Testing) for the purpose of drug abuse substance testing. A. Procedures for Controlled Substance Testing: 1. The collection site personnel will ask the donor to provide a driver’s license for identification purposes. The collection site personnel will ask the donor to remove any jackets, sweaters, coats, etc. The donor will be instructed to leave any purses, briefcases, etc. in a secure place until the necessary specimen has been collected. The donor may likewise request identification of the collection site personnel. 2. Collection site personnel will select a drug testing form, and will have the donor complete the top portion of the form with the appropriate demographic

information, in accordance with the instructions given and attached to the collection/chain of custody form. ANY FAILURE ON THE PART OF THE DONOR TO PROVIDE THE REQUIRED INFORMATION WILL RESULT IN IMMEDIATE MEDICAL UNQUALIFICATION. The collection site person will notify the designated company official immediately. 3. The donor will be permitted to select a specimen collection kit from those available. Collection site personnel are not to select the collection kit for the donor. 4. The donor will be instructed to open the wrapped collection kit and remove the contents contained therein. The donor will complete the label attached to the form in accordance with the instructions given and attached to the collection/chain of custody form. ANY FAILURE ON THE PART OF THE DONOR TO PROVIDE THE REQUIRED INFORMATION WILL RESULT IN IMMEDIATE MEDICAL UNQUALIFICATION. The collection site person will notify the designated company official immediately. - 37 - 5. The collection site personnel will

inform the donor that the split sample method is being used and he/she must provide at least 45ml of urine. The container can be a single unit capable of containing the two specimens within the single unit or a collection container can be used. 6. The donor will be escorted to the collection area by the collection site personnel. In the event that a shared facility must be used for specimen collection, the collection staff must ensure that no other individual occupies or utilizes the facility while the donor is providing the specimen. 7. The donor will be instructed to void directly into the chosen specimen container. Female donors will be provided with appropriate adapters to ensure ease of collection. The donor WILL NOT BE ACCOMPANIED INTO THE ACTUAL COLLECTION AREA, NO WITNESSING OF ACTUAL VOIDING OF THE SPECIMEN IS PERMITTED. Collection site personnel will instruct the donor to provide the urine specimen and upon completion, to immediately give the specimen container to the

collection site personnel. COLLECTION SITE PERSONNEL WILL NOT LEAVE THE AREA UNTIL THE DONOR EMERGES. 8. The donor will accompany the specimen back to the collection area Upon arrival, the collection site personnel will instruct the donor to remain while final processing is completed. ANY REFUSAL ON THE PART OF THE DONOR TO REMAIN IN THE COLLECTION AREA WILL RESULT IN IMMEDIATE UNQUALIFICATION. The collection site person will notify the designated company official immediately. 9. Within four (4) minutes, the collection site personnel will determine the temperature of the specimen to the nearest 0.1 degree Fahrenheit and record this information on the chain of custody form. The collection site personnel will access the quality of the urine against the pre-established standards specimen quality shown below: Temperature: Between 90.5 and 998 F, (UNLESS THE DONOR CAN DEMONSTRATE AN INCREASE IN ORAL TEMPERATURE AND THIS MUST BE DOCUMENTED. If the specimen does not meet the above standard,

the donor will be notified. The donor will be instructed that a second specimen must be provided within three (3) hours. A REFUSAL BY THE DONOR TO PROVIDE A SECOND SPECIMEN OR A FAILURE TO PROVIDE A SECOND IN THE ALLOTTED TIME WILL RESULT IN IMMEDIATE MEDICAL UNQUALIFICATION. The collection site personnel will notify the designated company official immediately. 10. When an acceptable specimen has been obtained, the collection site personnel will cap and seal the container if a single unit container is used. If a collection container is used, the collection site personnel, in the presence of the donor, will pour the urine into two specimen bottles. Thirty (30)ml shall be poured into the specimen bottle, to be used as the - 38 - primary specimen. At least fifteen (15)ml shall be poured into the other bottle, to be used as the split specimen. If a single specimen bottle is used as a collection container, the collection site personnel, in the presence of the donor, shall pour fifteen

(15)ml of urine from the specimen bottle into a second specimen bottle (to be used as the split specimen) and retain the remainder (at least thirty (30)ml) in the collection bottle (to be used as the primary specimen). A REFUSAL BY THE DONOR TO WITNESS THE SEALING OF THE SPECIMEN CONTAINER WILL RESULT IN IMMEDIATE MEDICAL UNQUALIFICATION. The designated individual in company management will be notified. 11. The collection site personnel will remind the donor that he/she may wish to write down information regarding the use of any prescription and/or non-prescription medication within the last thirty (30) days. This information may be recorded by the donor on the reverse side of the collection/chain form (Copy 5-donor). THIS IS NOT MANDATORY INFORMATION. THE DONOR MAY RECORD THIS INFORMATION AT THE TIME OF COLLECTION TO SERVE AS A REMINDER THAT MEDICATION IS BEING TAKEN AT THE TIME OF THE COLLECTION. IT WOULD AID THE MEDICAL REVIEW OFFICER IN THE INVESTIGATION OF A POSITIVE TEST. THIS

INFORMATION WILL NOT BE DISCLOSED TO ANY COMPANY INDIVIDUAL. IT IS FOR THE SOLE AND EXCLUSIVE USE OF THE MEDICAL REVIEW OFFICER TO AID IN INTERPRETING THE RESULTS OF THE URINE DRUG TEST. 12. The donor will be asked to review all information on the form and the container label for accuracy. In the event that errors are found, THE ENTIRE COLLECTION PROCEDURE IS TO BE REPEATED. 13. Both the collection site personnel and the donor will then sign and date the form in the appropriate spaces provided. 14. The collection site personnel will then place the completed chain of custody form and the corresponding specimen into a designated shipping container, and secure the specimen for shipment. 15. The donor will be informed that the procedure has been completed, and that he/she may leave. 16. The donor will be informed by the collection site personnel that the test results will be sent to the Company’s designated Medical Review Officer. REVIEW OF TEST RESULTS: To ensure that every driver who

is subject to testing, is tested, in a fair and impartial manner, the Company has retained the services of a Medical Review Officer (MRO). This individual is a licensed Doctor of Medicine (M.D) or Osteopathy (DO) with knowledge of drug abuse disorders It is the MROs’ responsibility to review the results of each drug test performed by the company’s National Institute for Drug Abuse (NIDA) certified laboratory prior to the results being made available to the designated company official. A. Driver’s Right to Affirmative Defense In the event that any driver tests positive for any of the drugs at or above the specified thresholds, the driver will be afforded the opportunity to explain the findings to the MRO prior to issuance of a positive report to the designated company official(s). Upon the receipt - 39 - of a positive finding the MRO will contact or attempt to contact the driver by telephone or in person. The MRO will inform the driver of the positive findings, and afford the

driver an opportunity to rebut or offer an explanation of the findings. The MRO can request information on the recent medical history and on medication taken by the driver with the last thirty (30) days. In the event that the MRO finds support in the explanation offered, the driver may be asked to provide documentary evidence (i.e names of treating physicians, pharmacies where prescriptions have been filled, etc.) to support the driver’s claim A failure of the driver to provide documentary evidence will result in the issuance of a positive report to the driver with no attendant medical explanation. A MEDICAL UNQUALIFICATION WILL BE THE RESULT. In those cases where appropriate documentary evidence is provided to the MRO, a negative report will be issued to the designated company official(s). If the driver fails to contact the MRO within five (5) days of having been instructed to do so, the MRO will issue a positive report to the designated company official(s) since no contact was

possible with the driver, no medical explanation can be provided, and the driver forgoes the right to offer an affirmative defense of the findings. A MEDICAL UNQUALIFICATION WILL BE THE RESULT. REPORT OF RESULTS: All results of testing will be reported to the MRO prior to their issuance to designated company official(s). The MRO will receive from the testing laboratory, a detailed report of the findings on the specimen. Each drug tested for will be listed along with the results of the testing. The Company will not receive a copy of this report from the MRO. The Company will receive a summary report only, that will indicate that the driver has passed or failed the drug test. The Company will be notified of the specific drug(s) for which the driver tested positive. A. Storage of Test Results: To protect the confidentiality of the driver, all records of drug testing will be stored separate and apart from the driver’s general personnel and qualification file. These records shall be

maintained under lock and key at all times. Access is limited to those designated company official(s) with need to know. The information in these files will be utilized only to those whom properly administer these policies for review by certifying agencies as required under Federal and/or State Law. No other use will be made of this information B. Confidentiality of Records: Certain designated company official(s) will have access to these files. They are charged with the responsibility of maintaining the confidentiality of these records. C. Driver’s Right to Test Results: Any driver tested under this policy has the right to view and/or receive a copy of the test results. A driver may request from the designated company official(s), in writing, that a copy of the test result be provided to him/her. The Company will promptly comply with this request and will issue to the driver a copy of these results. QUALITY ASSURANCE: The Company recognizes a responsibility to its drivers too

ensure that drug testing is performed at the highest possible standards. To this end, the Company has established a policy that blind samples will be submitted to its testing laboratory. The blind samples will be submitted by the Company or its consortium at a rate of 3 per 100 specimens submitted. The testing laboratory - 40 - will receive these samples in a manner that will not allow them to distinguish the quality assurance samples from actual urine tests. Any failure on the part of the testing laboratory to properly perform blind sample testing will result in an immediate review by the Company management of the testing facility. FORMS: A. Alcohol: A U.S Department of Transportation (DOT) Breath Alcohol Testing Form is used to record alcohol in the breath or saliva. The form consists of three parts: 1. Original-Forwarded to the Company 2. Copy 2-Must be given to the driver 3. Copy 3-Retained by the Breath Alcohol Technician or Screening Test Technician B. Controlled

Substances: A Federal Drug Testing Custody and Control Form is used to record drugs in the urine. The form consists of seven parts: 1. Original-Must accompany specimen to the laboratory 2. Copy 2-Must accompany specimen to the laboratory 3. Copy 3-Must accompany SPLIT specimen to the laboratory 4. Copy 4-Must be sent directly to the Medical Review Officer 5. Copy 5-Given to the Donor 6. Copy 6-Retained by the Collector 7. Copy 7-Forwarded to the Company APPLICABILITY: The requirement applies to every person who operates a commercial motor vehicle in interstate and intrastate commerce, and is subject to the commercial driver’s license requirements of CFR, Part 383. An employer who employs himself/herself as a driver must comply with both the requirements in this part that apply to employers and the requirements that apply to drivers. An employer who employs himself/herself as a driver shall implement an alcohol and controlled substances testing program that includes more persons than

himself/herself as covered employees in the random testing pool. REFUSAL TO SUBMIT TO A TEST: A. Refusal to Submit to a Test: 1. The Federal Motor Carrier Safety Regulations provide that a driver shall not refuse to submit to an alcohol or controlled substances test concerning a post-accident test, random test, reasonable suspicion test, or a follow-up test. 2. No motor carrier shall permit a driver who refuses to submit to a required test to perform or continue to perform safety-sensitive functions. 3. In alcohol testing, the refusal to sign the certification in Step 2 on the form is regarded as a refusal to take the test. Not providing an adequate amount of breath or saliva may, under certain conditions, be regarded as refusal to take a test. - 41 - 4. In drug testing, failure to provide sufficient urine may constitute a refusal. B. Consequences for Drivers Who Test 004 BAC and Above: A driver who tests 0.04 above1 Cannot perform a safety-sensitive function; 2. Will be

made aware of resources for solving alcohol problems; 3. Must be evaluated by a Substance Abuse Professional (SAP); 4. Comply with treatment recommendations; and 5. Must undergo a return to duty alcohol test with a result of less than 002 alcohol concentration. The positive tested driver will also be subjected to unannounced follow-up alcohol test for up to five (5) years depending on the evaluation of the SAP. REFERRAL, EVALUATION & TREATMENT: The regulations are very specific regarding the actions of the Company in the event a driver who has had an alcohol breath test indicating an alcohol concentration of 0.04 or more It is also very specific in regards to the required actions of the Company in the event a driver has a verified positive controlled substance test. As only opposed to levying penalties against the driver, the regulation requires the driver to be referred to a Substance Abuse Professional, (SAP), to help determine if the driver needs to undergo counseling for an

alcohol and/or substance abuse problem. A. Referral: Each driver who has engaged in conduct prohibited in Part IV of this policy shall be advised by the Company of the resources available to the driver in evaluation and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses and telephone numbers for Substance Abuse Professionals and counseling and treatment programs. B. Evaluation: Each driver who engages in conduct prohibited in Part IV of this policy shall be evaluated by a SAP who shall determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and controlled substances use. Before a driver, who is reinstated, returns to duty requiring the performance of a safetysensitive function, after engaging in conduct prohibited in Part IV of this policy, the driver shall undergo a return to duty alcohol test with a result indicating an alcohol concentration of less than 0.02, if

the conduct involved alcohol, or a controlled substances test, with a verified negative result, if the conduct involved a controlled substance. In addition, each driver identified as needing assistance in resolving problems associated with alcohol misuse or controlled substances use: 1. Shall be subject to unannounced follow-up alcohol and/or controlled substances tests, administered by the Company, following a driver’s return to duty. The number and frequency of such follow-up testing shall be as directed by the SAP, and consist of at least six (6) tests in the first twelve (12) months following the driver’s return to duty. The SAP will determine if follow-up testing is necessary, but it shall not exceed sixty (60) months. The SAP may terminate follow-up testing at any time after the first six (6) tests have been administered. C. Treatment: - 42 - Evaluation and rehabilitation may be provided by the Company, by a SAP under contract with the Company, or by a SAP not affiliated

with the Company. The choice of the SAP and assignment of costs shall be made in accordance with Company/driver agreements and Company policies. The Company shall ensure that the SAP does not refer the driver to the SAP’s private practice or other organizations. The SAP can refer a driver for assistance provided through: 1. A public agency, such as State, County or municipality; 2. The Company or a person under contract to provide treatment for alcohol or controlled substance problems on behalf of the Company; 3. The sole source of therapeutically appropriate treatment under the driver’s health insurance program; or 4. The sole source of therapeutically appropriate treatment reasonably accessible to the driver. The requirements (referral, evaluation and rehabilitation) do not apply to driver-applicants, who refuse to submit to a pre-employment alcohol or controlled substance test, or who have a preemployment alcohol test with a result indicating an alcohol concentration of 0.04 or

greater or a controlled substances test with a verified positive test result. THE EFFECTS OF ALCOHOL AND DRUGS ON HEALTH, WORK AND PERSONAL LIFE: The hazard of alcohol misuse and illegal drugs use extend far beyond their individual user. Impaired drivers and/or co-workers endanger themselves, fellow workers, and other users of our highways. Drivers with alcohol or drugs in their systems are less productive and more likely to injure themselves or other persons in an accident. Alcohol and drug abusing drivers increase the costs related to lost productivity, absenteeism, accidents, loss of trained personnel, theft and treatment and deterrence programs. Also, medical costs are higher and are passed onto the Company in the form of higher health insurance rates. Alcohol and drug abuse cost both the Company, the driver and his/her co-workers. Alcohol remains the number one abused drug in this country. Alcohol consumption causes a number of changes in behavior Even low doses can impair the

judgement and coordination required for driving. Low to moderate doses increase the incidence of a variety of aggressive acts. Moderate to high doses cause marked impairments in higher mental functions, severely altering a person’s inability to learn and remember information. Very high doses cause respiratory depression and death If combined with other depressant drugs, much lower doses of alcohol will produce the effects just described. Long term consumption of large quantities of alcohol can lead to permanent damage to vital organs, such as the brain and the liver. Excessive use of controlled substances cause marked impairments, depression and death. SIGNS AND SYMPTOMS OF ALCOHOL OR DRUG PROBLEM: Some of the signs and symptoms of alcohol misuse are the odor of alcohol, slurred speech, staggering, tremors, vomiting, cramps, delirium, loss of appetite, using arms for balance, leaning against walls and doorways, swaying while maintaining balance and confusion. Drugs can show their

effects in many different ways. Some of the most noticeable signs of drug abuse are drowsiness, respiratory depression, constricted pupils, nausea, slurred speech, excitement, loss of appetite, poor perception of time and distance, relaxed inhibitions, disoriented behavior, watery eyes, runny nose, chills and sweats, convulsions, apathy, depression, and the use of drug paraphernalia. Multiple substance abuse is abuse of more than one drug, either at the same time, or over a period of time, and it involves any combination of: - 43 - 1. Alcohol 2. Prescription drugs 3. Over-the-counter drugs or 4. Illegal drugs Multiple substance abuse is especially dangerous because different substances interact with each other to produce unexpected affects and dangers. Multiple substance abuse often begins with abuse of a single substance. This may happen, because once a person begins to rely on a drug, abuse of additional substances becomes more likely. People who abuse one substance, are at a

high risk for developing dependence and tolerance for other substances. METHODS OF INTERVENTION FOR SUSPECTED ALCOHOL OR DRUG PROBLEMS: Alcohol and substance abuse is a complex problem calling for specialized supervision and care. Don’t help or aid a person to conceal an alcohol or drug abuse problem. Don’t make excuses for them, don’t do their work for them and don’t look the other way. The problem is not going to go away. Don’t enable the person to continue the alcohol or drug abuse Leave the treatment and counseling of persons with an abuse problem to the professionals. POSITIVE TEST RESULTS: Drivers who are found to have a Breath Alcohol Concentration of 0.04 or greater and/or a confirmed positive drug test will be immediately suspended. In the absence of compelling reasons for contrary result, such driver will be discharged following a review of the facts by designated company official(s). Any action on the part of the driver, that result in a medical unqualification

based on presumed alcohol and/or substance abuse will result in immediate suspension. In the absence of compelling reasons, such driver will be discharged following a review of the facts by the designated company official(s). TERMINATION NOTICES: In those cases where alcohol and/or substance abuse testing results in the termination of a driver, all termination notices will list the reason for termination as “MEDICALLY UNQUALIFIED”. UNDER NO CIRCUMSTANCES WILL THE TERMINATION RECORD INDICATE AN ALCOHOL AND/OR SUBSTANCE ABUSE PROBLEM AS THE CAUSE OF TERMINATION. XXII. TO ASSIST IN THE REHABILITATION PROCESS: The Company does not have a drug rehabilitation program, but it is mandated by regulation (see Part XVII of this policy) that the Company shall advise the driver of the resources available to him/her in evaluating and resolving problems associated with the misuse of alcohol and/or use of controlled substances. The Company has appointed a person(s) to answer questions (see Part

XXIV of this policy) concerning alcohol misuse and controlled substances abuse. The company is not mandated by regulation nor will the Company bear any of the expense incurred by the driver in the rehabilitation process. Furthermore, the Company will not bear any medical expense (physician) incurred to determine the inability of a driver to provide an adequate amount of breath or a request by the driver to the Medical Review Officer (MRO) for - 44 - analysis of the split specimen within 72 hours after he/she has been notified by the MRO of a verified positive drug test result. The Company holds the sole authority to re-instate or not to re-instate the driver after he/she has completed a rehabilitation program. PERSON(S) IDENTIFIED TO ANSWER QUESTIONS: As part of the Company’s continuing policy to ensure fair and equal treatment of our drivers, we understand that there may be questions and concerns involving our alcohol and controlled substance testing policies and programs. To

assist you in understanding the requirements placed on both you, the driver, and the Company, we have designated: Chip Castello NAME Director of AccidentControl & Driver Safety Training TITLE Jay Leifheit NAME Sr. Director of Driver Safety & Compliance TITLE TO ANSWER YOUR QUESTIONS REGARDING ALCOHOL AND DRUG TESTING PROGRAMS. PLEASE CALL: (814) 224-5155 - 45 - Revision 9/2004 “ LEASED DRIVERS” VEHICLE INSPECTIONS & MAINTENANCE REQUIREMENTS - 46 - Revised 9/04 “LEASED DRIVERS” VEHICLE INSPECTIONS & MAINTENANCE REQUIREMENTS The FMCSR in Part 396 state that no motor carrier/company/person shall operate a CMV unless it has been inspected, repaired and maintained in accordance with the requirements of these regulations. CMV are required to be inspected by the driver on a daily basis Motor carriers/companies are required to have a preventative maintenance program to perform regularly scheduled maintenance, and also to have an annual vehicle

inspection performed by a qualified and licensed inspector. A file must be kept on all inspections, repairs, and maintenance records. Federal Vehicle Inspection & Maintenance Requirements 1. Commercial Motor Vehicle: For inspection, repair, and maintenance requirements, a CMV is defined as a motor vehicle with a gross vehicle weight rating 10,001 pounds or more; any vehicle designed to transport more than 15 passengers including the driver; and any vehicle used to transport hazardous materials in quantities requiring placarding. 2. Driver Requirements: Part 396.13 states that before driving a CMV, the driver shall; (1) be satisfied that the CMV is in safe operating condition; (2) review the last vehicle inspection report required to be carried on the power unit; and (3) sign the report, only if defects or deficiencies were noted by the driver who prepared the report the previous day. 3. Driver Vehicle Inspection Report (DVIR): Part 396.11 requires that every motor carrier/company

shall require its drivers to report, and every driver shall prepare a report in writing at the completion of each day’s work on each vehicle operated and the report shall cover at least the following parts and accessories: - 47 - a. b. c. d. e. f. Service brakes Steering Tires Windshield wipers Coupling devices Emergency equipment g. h. i. j. k. Parking brakes Lights and reflectors Horns Mirrors Wheels and rims The DVIR must be prepared at the end of every day and turned into the business office along with any drivers’ logs and other trip documents. Motor carriers/companies must maintain the original of each DVIR and the certification of repairs for at least 3 months. A legible copy of the last DVIR must be carrier on the power unit. 4. Periodic (Annual) Inspection Report: Part 396.17 requires that every CMV be inspected at least once during the preceding 12 months and documentation of such inspection is on the vehicle. The person(s) who performs the annual inspection must

be qualified and certified in accordance with section 396.19 The inspection procedures must meet the requirements of Appendix G to Subchapter B of the FMCSR. The original or a copy of the annual inspection report shall be retained by the motor carrier/company or other entity who is responsible for the inspection for a period of fourteen (14) months from the date of the inspection report. The above inspection requirements may be met through periodic inspection programs administered by the states, or by a self-inspection, a roadside inspection or an inspection performed by a commercial garage or similar commercial business, so long as the inspection complies with Federal or State standards. 5. Inspector Qualifications: Persons who perform the Periodic (Annual) Inspection shall be qualified under 396.19 of the FMCSR’s. It is the responsibility of the motor carrier to ensure that the inspectors meet all of the requirements of this section. Evidence of the inspectors’ qualifications

under this section shall be retained by the motor carrier for the period during which the inspector is performing annual motor vehicle inspections for the motor carrier, and for one year thereafter. 6. Recordkeeping Requirements: Part 396 of the FMCSR requires that all records of inspections, repairs, and maintenance listed in this section be maintained for every vehicle where the vehicle is housed or maintained. Each motor carrier/company shall maintain a Vehicle Maintenance File on every CMV in its possession. All inspections, repair invoices, and/or maintenance records shall be kept in this folder for a period of one year from the date of the inspection, repair, or maintenance. A copy of the annual vehicle inspection report shall be kept for 14 months in this file. Driver Vehicle Inspection Reports may be kept in this file or in another file for 3 months. - 48 - 7. Roadside Inspections: All roadside inspections must be reported to the motor carrier/company as soon as possible.

All reports issued by a state or federal agency must be turned into the office at the end of the day or trip. Any vehicle inspection which results in the driver or vehicle being placed “Outof-Service” shall be reported to the motor carrier/company immediately The driver of the vehicle shall not move from the inspection location until the violation has been corrected and acknowledged by the state or federal agency which placed the driver of the vehicle Out-ofService. Towing may be permitted in accordance with Part 3969 (c) (3) Moving an “Out-of-Service” vehicle prior to completing the necessary repairs, or being properly towed, and having the inspection notice signed by a certified mechanic who effected the repairs or a representative of the agency which performed the inspection is a violation of part 396.9 (c) of the FMCSR Any driver who violates an “Out-of-Service” order shall be subject to disciplinary action up to and including termination. A SEVEN-STEP INSPECTION

METHOD Method of Inspecting You should do a pre-trip inspection the same way each time so you will learn all the steps and be less likely to forget something. The following seven-step procedure should be a useful guide. 1: Vehicle Overview Approach the vehicle. Notice general condition Look for damage or vehicle leaning to one side. Look under the vehicle for fresh oil, coolant, grease or fuel leaks Check the area around the vehicle for hazards to vehicle movement (people, other vehicles, objects, low hanging wires or limbs, etc.) Review last vehicle inspection report. Drivers may have to make a vehicle inspection report in writing each day. The maintenance facility should repair any items in the report that affect safety. You should look at the last report to find out what was the matter, if anything, inspect the vehicle to find out if problems were fixed. 2: Check Engine Compartment Check that the parking brakes are on and/or wheels chocked. You may have to raise the hood, tilt the

cab (secure loose things so they don’t fall and break something) or open the engine compartment door. Check the following: - 49 - Engine oil level. Coolant level in radiator; condition of hoses. Power steering fluid level; hose condition (if so equipped). Windshield washer fluid level. Battery fluid level, connection and tiedowns (battery may be located elsewhere). Automatic transmission fluid level (may require engine to be running). Check belts for tightness and excessive wear (alternator, water pump, air compressor)- learn how much “give” the belts should have when adjusted right, and check each one. Leaks in the engine compartment (fuel, coolant, oil, power steering fluid, hydraulic fluid, battery fluid). Cracked, worn electrical wiring insulation. Lower and secure hood, cab, or engine compartment door. 3: Start Engine and Inspect Inside the Cab Get in and start engine. Make sure parking brake is on. Put gearshift in neutral (or “park” if automatic). Start engine;

listen for unusual noises. Look at the gauges. Oil pressure. Should come up to normal within 15 seconds after engine is started Anmeter and/or voltmeter. Should be in normal range(s) Coolant temperature. Should begin gradual risk to normal operating range Engine oil temperature. Should begin gradual risk to normal operating range Warning lights and buzzers. Oil, coolant, charging circuit warning lights should go out right away. Check condition of controls. Check all of the following for looseness, sticking, damage, or improper setting: Steering wheel. (Limits of “freeplay” see part 39625 Appendix “G” Subpart 7 (Steering Mechanism). Clutch. (Freeplay 1 ½ -2”) Accelerator (“gas pedal”). Brake controls: -Foot brake. -Trailer brake (if vehicle has one). -Parking brake. -Retarder controls (if vehicle has them). Transmission controls. Interaxle differential lock (if vehicle has one). Horn(s). Air and/or electric - 50 - Windshield wiper/washer. Lights: -Headlights. -Dimmer

switch. -Turn signal. -Four-way flashers. -Clearance, identification, market light switch(es). PM sticker (date). Federal Annual Inspection (date). Check mirrors and windshield. Inspect mirrors and windshield for cracks, dirt, illegal stickers or other obstructions to seeing. Clean and adjust as necessary Check emergency equipment. Check for safety equipment: -Spare electrical fuses (unless vehicle has circuit breakers). -Three red reflective triangles. -Properly charged and rated fire extinguisher. Also adequately secured Check for optional items such as: -Tire chains (where winter conditions require them). -Tire-changing equipment. -List of emergency phone numbers. -Accident-reporting kit (packet). 4: Turn off Engine and Check Lights Make sure the parking brake is set, turn off the engine, and take the key with you. Turn on headlights (low beams) and four-way flashers, and get out. Go to front of vehicle and check that low beams are on and both of the four-way flashers are working.

Push dimmer switch and check that high beams work. 5: Do Walkaround Inspection Turn off headlights and four-way hazard warning flashers. Turn on parking, clearance, side-marker and identification lights. Turn on right turn signal, and start walkaround inspection. General: Walk around and inspect. Clean all lights, reflectors, reflective tape, and glass as you go. Left front side: - 51 - Driver’s door glass should be clean. Door latches or lock work properly. Left front wheel: -Condition of wheel and rim-missing, bent, broken studs, clamps, lugs, any signs of misalignment. -Condition of tires-properly inflated, valve stem and cap okay, no serious cuts, bulges, tread wear. (Minimum 4/32” tread depth) -Use wrench to test rust-streaked lug nuts, indicating looseness. -Hub oil level okay, no leaks. Left front suspension: -Condition of spring, spring hangers, shackles, U-bolts. -Shock absorber condition. Left front brake: -Condition of brake drum (Minimum ¼” brake shoe thickness)

-Condition of hoses. Front. Condition of front axle. Condition of steering system: -No loose, worn, bent, damages, or missing parts. -Must grab steering mechanism to test for looseness. Condition of windshield: -Check for damage and clean if dirty. -Check windshield wiper arms for proper spring tension. -Check wiper blades for damage, “stiff” rubber and securement. Lights and reflectors: -Parking, clearance and identification lights clean, operating and proper color (amber at front). -Reflectors clean and proper color (amber at front). Right front turn signal light clean, operating and proper color (amber or white on signals facing forward). Right side. Right front: Check all items as done on left front. Primary and safety cab locks engaged (if cab-over-engine design). Right fuel tank(s): -Securely mounted, not damaged or leaking. -Fuel crossover line secure. -Tank(s) contain enough fuel. -Cap(s) on and secure. Check condition of fuel cap gasket Condition of visible parts: - 52 -

-Rear of engine – not leaking -Transmission – not leaking. -Exhaust system – secure, not leaking, not touching wires, fuel, or air lines. -Frame and cross members – no bends, cracks. -Air lines and electrical wiring – secured against snagging, rubbing, wearing. -Spare tire carrier or rack not damaged (if so equipped). -Spare tire and/or wheel securely mounted in rack. -Spare tire and wheel adequate (proper size, properly inflated). Cargo securement (trucks): -Cargo properly blocked, braced, tied, chained, etc. -Header board adequate, secure (if required). -Side boards, stakes strong enough, free of damage, properly set in place (if so equipped). -Canvas or tarp (if required) properly secured to prevent tearing, billowing or blocking of mirrors. -If oversize, all required signs must be safely and properly mounted, and all required permits in driver’s possession. -Curbside cargo compartment doors securely closed, latched/locked; required security seals in place. Right

rear. Condition of wheels and rims-no missing, bent, broken spacers, studs, clamps, lugs. Condition of tires – properly inflated, valve stems and caps okay, no serious cuts, bulges, tread wear; tires not rubbing each other, and nothing stuck between them. Tires same type, e.g, not mixed radial and bias types Tires evenly matched (same sizes). (Minimum 2/32” tread depth for drive tires and trailer tires). Wheel bearing/seals not leaking. Suspension: -Condition of spring(s), spring hangers, shackles, and U-bolts. -Axle secure. -Powered axle(s) not leaking lube (gear oil). -Condition of shock absorber(s) -If retractable axle – equipped, check condition of lift mechanism; if air-powered, check for leaks. Brakes: -Condition of brake drum(s). (Minimum ¼’’ brake shoe thickness) -Condition of hoses – look for any wear due to rubbing. Lights and reflectors: -Side-marker lights clean, operating and proper color (red at rear, others amber). -Side-marker reflectors clean and proper

color (red at rear, others amber). - 53 - Rear. Lights and reflectors: -Rear clearance and identification lights clean, operating, and proper color (red at rear). -Reflectors clean and proper color (red at rear). -Taillights clean, operating and proper color (red at rear). -Right rear turn signal operating and proper color (red, yellow or amber at rear). License plate(s) present, clean and secured. Splash guards present, not damaged, properly fastened, not dragging on ground or rubbing tires. Cargo secure (trucks): -Cargo properly blocked, braced, tied, chained, etc. -Tailboards up and properly secured. -End gates free of damage, properly secured in stake sockets. -Canvas or tarp (if required) properly secured to prevent tearing, billowing either to block the rearview mirrors or to cover rear lights. -If over-length, or over-width, make sure all signs and/or additional lights/flags are safely and properly mounted and all required permits are in driver’s possession. -Rear doors

securely closed, latched/locked. Left Side. Check all items as done on right side, plus: -Battery (if not mounted in engine compartment). -Battery box securely mounted to vehicle. -Box has secure cover. -Battery(ies) secured against movement. -Battery(ies) not broken or leaking. -Fluid in battery(ies) at proper level (except maintenance-free type). -Cell caps present and securely tightened (except maintenance-free type). -Vents in cell caps free of foreign material (except in maintenance-free type). 6. Check Signal Lights Get in and turn off lights. Turn off all lights. Turn on stop lights (apply trailer hand brake, or have a helper put on the brake pedal). Turn on left turn signal lights. Get out and check lights. Left front turn signal light clean, operating, and proper color (amber or white on signals facing the front). Left rear turn signal light and both stop lights clean, operating and proper color (red, yellow, or amber). - 54 - 7: Start the Engine and Check Brake System

Get in vehicle. Turn off lights not needed for driving. Check for all required papers, trip manifests, permits, etc. Secure all loose articles in cab. (They might interfere with operation of the controls or hit you in a crash.) Start the engine. Test for hydraulic leaks. If the vehicle has hydraulic brakes, pump the brake pedal three times. Then apply firm pressure to the pedal and hold for five seconds The pedal should not move. If it does, there may be a leak or other problem Get it fixed before driving Pump Down. Build air pressure to maximum (120 psi) Check air lines, brake chambers, foot brake for leaks. -Place transmission in 1st or reverse (shut engine off, turn off all electrical equipment, roll down window). -Release all brakes. After air pressure stabilizes, check air gauges for air pressure loss (not to exceed 3 psi – tractor/trailer or 2 psi – tractor only). -Apply full pressure to foot brake, hold pressure for one minute, watch air gauges, listen out window for leaks,

air pressure loss cannot exceed 4 psi (tractor/trailer) 3 psi (tractor only). Check low air warning devices. -Turn key on (pump brake until low air warning light on dash comes on). It must come on by at least 60 psi (one-half of maximum). Check that spring brakes activate automatically. -Turn key to ACC position. (If so equipped) -Pump foot brake until both buttons pop out (they must pop out between 20-45 psi). Place transmission in neutral, start engine (check oil pressure, once you have oil pressure you should hear the audible low air warning device). Build air pressure to maximum (120 psi – Governor cut out). Pump foot brake until air pressure drops and air compressor turns on (85-90 psi – Governor cut in). - 55 - Test Parking Brake. Fasten seat belt Allow vehicle to move forward slowly. Apply parking brake If it doesn’t stop vehicle, it is faulty; get it fixed. Test Service Brake Stopping Action. Go about five miles per hour. Push brake pedal firmly with hands off the

steering wheel. “Pulling” to one side or the other can mean brake trouble. Any unusual brake pedal “feel” or delayed stopping action can mean trouble. THIS COMPLETES THE PRETRIP INSPECTION. IF YOU FIND ANYTHING UNSAFE DURING THE PRE-TRIP INSPECTION, GET IT FIXED. IT’S YOUR LIFE AT STAKE, AS WELL AS THE LIVES OF OTHERS. BESIDES, FEDERAL AND STATE LAWS FORBID OPERATING AN UNSAFE VEHICLE. - 56 - AIR BRAKE SYSTEM CHECK 9-POINT Start the engine and build the air pressure to maximum before you test the governor cut out or in. NOTE: Watch the pressure gauge to determine if the governor is cut-in or cut-out/off. If the governor is cut-out; air pressure will not rise. If the governor is cut-in, the pressure will not rise. 1. GOVERNOR CUT-OUT: The pressure must be at approximately 120 lbs (Max 130 psi) 2. GOVERNOR CUT: With the engine running, fan the brake pressure down to 100-85 psi and the governor will cut-in at this time. 3. STATIC CHECK: With the maximum air pressure, put

the transmission in first gear, shut the engine off and release all brakes. When the air gauge stabilizes you should not lose more than 3 lbs. in one minute *RELEASING THE BRAKES CAUSES THE AIR TO STABILIZE 4. APPLIED PRESSURE TEST: With all parking brakes released, apply approximately 60-90 psi on the foot brake. After the system has stabilized, it can not loose more than 4 psi in one minute. 5. LOW AIR WARNING SYSTEM: With the ignition on and the engine off, pump the brake, press until the Low Air Warning System activates (approximately 60 psi). The warning signal should be a light and/or buzzer. 6. EMERGENCY SPRING BRAKE POP-OUT TEST: With the engine off, pump the brake pressure down to 20-45 psi. The EMERGENCY PARKING BRAKE should pop out. (SIDE NOTE: The trailer protection valve should POP OUT at approximately 4045 psi; the TRACTOR protection valve should pop out approximately 20-25 psi) 7. EMERGENCY BRAKE TEST: Start the engine and build the air pressure to 90 psi or more. Push

in; (release) the Trailer Parking Brake Valve Place the transmission in low gear and release the clutch slowly to tug against the Tractor Brake. 8. TRAILER BRAKES: Release the Tractor Brakes and set the Trailer Brakes Tug against the Trailer Brakes as done above. 9. ROLLING “SERVICE BRAKES” TEST: Release all brakes, drive the vehicle forward 15 to 20 feet and apply the FOOT BRAKE to check the SERVICE BRAKES on the tractor and the trailer. - 57 - FRANKLIN LOGISTICS, INC. Remington, IN DRIVERS HANDBOOK MISSION STATEMENT We, the employees of Franklin Logistics, Inc. are totally committed not only to meeting but exceeding customer requirements. We are quality driven and seek continuous improvement in everything we do. DEDICATED TO EXCELLENCE - 58 - WELCOME FROM THE PRESIDENT You, the EMPLOYEE, are an important part of the Franklin Logistics Team, and we are pleased to have you aboard. The success of any organization is based on the quality of its employees. Our Company,

therefore, depends on your skill and energy to help achieve the success for which we all strive so diligently. We are extremely interested in your success and encourage you to take advantage of the many opportunities offered by Franklin Logistics, Inc. Barry F. Smith - 59 - TABLE OF CONTENTS Page Purpose .5 Disclaimer .5 Quality Statement .5 Employee Relations Policy Statement .6 Discrimination .6 Equal Opportunity Employer .6 No Harassment Policy .7 Public Display Affection.8 Your Benefits Program . Benefits Summary. 9 Health and Major Medical Benefits.9 Vacation . 10 Unpaid Leave of Absence . 11 Family and Medical Leave Policy . 11 Short-Term Disability . 14 Life Insurance. 14 Social Security . 14 Unemployment Insurance . 15 Workers’ Compensation . 15 401(k) Plan . 15 Military Leave . 15 Jury Duty . 16 Funeral Leave . 16 Facts About Your Job . 17 Orientation Period . 17 Employee Classification . 17 Immigration Reform and Control Act (IRCA) . 17 Attitude . 18 No Solicitation/No

Distribution . 18 Personnel Records . 18 HIPAA . 19 Proprietary Information . 19 - 60 - Table of Contents Page 2 Page Smith Transport Inc. Computer Policy 19 Telephone, Mail System, Electronic Mail and Facsimile Machines . 21 Respect for Property . 21 Suggestion System/Individual Communications. 22 Bulletin Boards . 22 Website . 22 Safety . 22 Workplace Injuries/Accidents . 23 Medical Examination . 23 Smoking and Smokeless Tobacco Policy . 24 Workplace Violence Awareness and Prevention Policy . 24 Standards of Behavior . 25 Absenteeism and Lateness . 26 Drug and Alcohol Abuse Policy . 26 Recording Conversations . 26 Other Objectionable Behavior . 27 Immediate Termination 27 Customer Relations Services . 28 Voluntary Termination . 28 Driver Escrow Policy . 28 Personal Property Policy . 28 Safe Driving Award . 29 Department of Transportation Inspection Award . 29 Reporting of Vehicular Accidents . 29 Personal Appearance . 30 Purpose . 30 Scope . 30 Overview . 30 Grooming Standards

. 30 Employee Handbook Acknowledgment . 32 - 61 - PURPOSE We are pleased to provide this employee handbook so that you will have a ready reference to the company’s benefits, policies, and procedures. This handbook cannot, of course, answer all of your questions concerning the Company’s benefits, policies, and procedures as they are much too varied to consolidate into one manageable document. If you find that something is unanswered or incomplete, or if questions arise, PLEASE ask; we are available to assist you at any time. If, and when, conditions warrant, and as we continue to improve benefits or update our policies, changes in your employee handbook may be required. You will be informed by written notification of all revisions. However, we cannot assume responsibility for updating your personal copy of the employee handbook. For your convenience, a master copy will be available for your inspection or review from your supervisor. The Policies contained in this Handbook

supercede all previously issued Policies, Procedures, and Requirements regardless of communications medium used for transmittal. DISCLAIMER The procedures, policies and guidelines contained in this handbook are set forth to assist employees in day-to-day work activities. However, no statements set forth in this handbook are intended to create: legal rights, a contract of employment, a legal document, or contractual commitment by Franklin Logistics,Inc. Employment with Franklin Logistics, Inc. is at-will Thus, either the employee or Franklin Logistics, Inc. can terminate the employment relationship at will, with or without cause, at any time, so long as there is no violation of applicable federal, state or local law. No employee or officer of Franklin may make any promise to the contrary. Any oral or written promises to the contrary are expressly disavowed and should not be relied upon by any prospective or present employee. QUALITY STATEMENT It is the quality policy of Smith Transport

to safely perform transportation services in a manner that allows us to meet or exceed the service performance requirements of each of our customers while seeking continuous improvement in all processes. ( Safety, Service and Continuous Improvement ) - 62 - EMPLOYEE RELATIONS POLICY STATEMENT The tremendous growth of Franklin Logistics, Inc. and personal achievement experienced over the years is a product of cooperation and teamwork, which has allowed us to overcome many major challenges. The success that has been attained reflects this intense commitment among all employees of Franklin Logistics, Inc. We prefer to deal with all employees directly rather than through a third party, in our collective efforts to continue our shared growth and success. DISCRIMINATION EQUAL OPPORTUNITY EMPLOYER It is the policy of Franklin Logistics, Inc. to acquire, develop, and maintain the best possible employees. When additional personnel are needed, they are hired on the basis of their training,

experience, skill, attitude, past performance, character, reliability, and any other factors relevant to their ability to satisfactorily perform the work required. Franklin Logistics, Inc. is an equal opportunity employer As such, we cannot and do not discriminate against any applicant or employee because of race, color, religion, age, sex, sexual orientation, national origin, citizenship, military status, or non-job related handicap or disability. This policy means that there will be no discrimination against any employee or prospective employee because of race, color, religion, age, sex, sexual orientation, national origin, citizenship, military status or handicap or disability in hiring, promotions, demotions, training, transfers, lay-offs, termination, rate of pay, and other forms of compensation. If you know of qualified individuals who would add to the quality of the Franklin Team, you are requested to please tell the Company about them and request that they apply for employment

consideration. The company values the judgment of its employees and their help in recruiting reliable and productive employees who will make a contribution to the success of Franklin Logistics, Inc. - 63 - FRANKLIN LOGISTICS, INC. No Harassment Policy It is the policy of Franklin Logistics, Inc. to maintain a work environment that is free from intimidation, coercion or harassment. All employees are responsible for conducting themselves in a businesslike manner that evidences respect for others. This policy applies to all business and related interactions between employees, supervisors or managers, customers, vendors and visitors. Any form of harassment which violates federal, state or local law including, but not limited to harassment related to an individual’s race, religion, color, sex, age, sexual orientation, national origin, ancestry, citizenship status or disability is a violation of this policy and is prohibited. For these purposes, the term “harassment” includes

slurs or any other offensive remark or joke, or other verbal or written communication. It also includes physical contact. Sexual harassment is prohibited by, and is included in the coverage of this policy. Sexual harassment includes: • Unwelcomed sexual advances; • Requests for sexual attention as a condition of employment; • Verbal or physical conduct of a sexual nature, where: -- - or - There is an attempt to make, either explicitly or implicitly, submission to such conduct a term or condition of an individual’s employment; or The submission or rejection of such conduct by an individual is used as a basis for employment related decisions affecting such individual; Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. This could include such workplace conduct as displaying calendars with sexually - 64 - demeaning pictures, telling sexually

oriented jokes, making sexually offensive remarks, or engaging in unwanted sexual teasing, or subjecting another employee to pressure for dates, sexual advances or unwelcome touching. Violation of Franklin Logisticss, Inc. no harassment policy will subject an employee to disciplinary actions, up to and including discharge. Franklin Logistics, Inc. cannot eliminate harassment problems, however, unless we know that it is occurring. Therefore, it is your responsibility to bring any problem to our attention so that we can take whatever steps may be necessary in an effort to correct the situation. Employees are encouraged to report harassment before it becomes severe or pervasive. If you feel you have been harassed by another employee or non-employee, or if you witness the harassment of another employee, customer or visitor, you should notify the Executive Vice President of Risk Management or the Vice President immediately. You may be assured that you will not be penalized in any way for

reporting a harassment problem. Franklin Logistics, Inc. will not tolerate adverse treatment of employees because they report harassment or provide information related to such complaints. All complaints of harassment that are reported will be investigated as promptly as possible. Making a harassment complaint under this policy does not lengthen the time frames established by federal or state law to file complaints with the EEOC or any state fair employment practices agency. The deadlines set by law run from the last date of the alleged unlawful harassment, not from the date that the complaint to Franklin is resolved. All complaints of harassment will be treated with as much confidentiality as is possible under the circumstances of the given case. PUBLIC DISPLAY AFFECTION Behaviors which are not appropriate for public places make other people feel uncomfortable. Please demonstrate respect for yourself and others by conducting yourself in a manner appropriate for a public working

environment. Displays of affection such as kissing, having arms around each other or various other degrees of affection are prohibited and could lead to disciplinary action up to and including discharge. - 65 - YOUR BENEFITS PROGRAM BENEFITS SUMMARY Do you realize that your benefits can be just as important as your wages? Your benefits and wages together make up your “Total Compensation Package.” Your benefits can be worth a significant percentage of your regular wages adding to the increased value of your Total Compensation Package. An extremely important fact to remember is that your benefits are either non-taxable, tax deferred, or pre-tax. All of which are significant advantages and enhancements to your Total Compensation Package. Your benefits may include: * * * * * * * * * Health and Major Medical Vision Dental Prescription Drug Coverage Paid Vacation Unemployment Insurance Workers’ Compensation FMLA Social Security * * * * * * Company Funded 401(k) Plan Funeral

Leave Short Term Disability Life Insurance Military Leave Promotional Opportunities HEALTH AND MAJOR MEDICAL BENEFITS All full-time employees working 30 hours or more per week are eligible for health care benefits beginning the first day of the month following 90 days of continuous employment with Franklin Logistics, Inc. Your health coverage is employer/employee contributory. All eligible full-time employees, their eligible spouses, and any of their unmarried dependent children under the age of 19 are covered by our health package. Full-time students continuing their education are also eligible for coverage. Any employee that is out of work for a period greater than 30 days will be responsible for paying their monthly premiums for health insurance. The Consolidated - 66 - Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for continuation of health benefits coverage for certain employees and their dependents who would otherwise lose their group health plan eligibility.

For a complete description of all health, major medical, dental and vision benefits coverage, consult your personal copy of the Major Medical and Health Benefits Booklet or contact the Benefits Coordinator in the Human Resources Department. VACATION All full-time employees working thirty (30) hours or more per week are entitled to paid vacation. Vacation is accrued based on continuous service as outlined in the following table: Length of Service Vacation Earned After 1 Year After 3 Years After 8 Years 5 Days 10 Days 15 Days Vacation Pay 1 through 4 years of service 5 through 9 years of service 10 plus years of service $400.00 per week $500.00 per week $600.00 per week Vacation Request Forms will be mailed in January of each year by the Human Resource Department. These forms must be filled out with your vacation selection(s) no later than March 1st for approval and scheduling. Requests handed in by this date will be honored based on seniority and availability for a given week.

Requests handed in after March 1st will not be given any priority regardless of seniority. This may mean the loss of your requested week if several others have requested the same week and have turned their form in on time. There will be no exceptions made regardless of prior travel reservations, etc. We will make every attempt to schedule your vacation during the time requested. Conflicts will be resolved on the basis of business needs. You must request to get paid for unused vacation remaining at the end of the vacation year. In the event that the Company asks you to cancel vacation plans and - 67 - the vacation cannot be rescheduled before the end of the vacation year, you will be permitted to reschedule the vacation at a later time. Vacation will be part of the normal pay cycle. Vacation benefits may not be carried over beyond the year in which they are earned. You may be paid for up to one(1) week vacation if you have more than one week available for the year. Vacations weeks

are considered Sunday through Saturday. Vacation time will not be paid until the employee returns to his/her regular duty schedule for the following week. Accrued, unused vacation time will not be paid upon the employee’s termination, whether voluntary or involuntary. UNPAID LEAVE OF ABSENCE FRANKLIN LOGISTICS, INC. FAMILY AND MEDICAL LEAVE POLICY PURPOSE: To provide eligible employees with family and medical leave as required by the Family and Medical Leave Act of 1993 (FMLA). ELIGIBLE EMPLOYEES: Family and medical leave is available to employees who: a) have been employed for at least one (1) year, and b) for at least 1,250 hours of service during the 12-month period that precedes the leave. ENTITLEMENTS: Eligible employees are entitled to twelve (12) weeks of family and medical leave during any twelve (12) month period for the following reasons: 1) the birth of the employee’s child and in order to care for the child; 2) the placement of a child with the employee for adoption

or foster care; - 68 - 3) to care for a spouse, child or parent of the employee who has a serious health condition; or 4) a serious health condition which renders the employee incapable of performing their job functions. The twelve (12) month period (“leave year”) is a “rolling” 12-month period measured backward from the date leave is to begin. Leave for the birth of a child or the placement of a child for adoption or foster care must end within twelve (12) months after the date of the birth or placement. Spouses employed by Franklin Logistics, Inc. who request leave for birth or placement of a child or to care for an ill parent may only take a combined total of 12 weeks leave during any 12-month period for these purposes. NOTICE OF LEAVE: An employee intending to take family and medical leave which is foreseeable must provide at least thirty (30) days advance written notice. If the need for leave is not foreseeable, the employee must provide as much notice as

practicable. Failure to provide the requested notice may result in denial or delay of leave. In all cases, an employee requesting family and medical leave must complete an Application for Family and Medical Leave and return it to the Human Resources Department. The complete application must state the reason for the leave, the expected duration of the leave, and the expected starting and ending dates of the leave. Unless the employee completes the written Application for Family and Medical Leave, leave not otherwise designated by the Employer as FMLA leave will not be considered by Franklin Logistics, Inc. as FMLA leave for any purpose SUBSTITUTION OF PAID LEAVE Family and medical leave is unpaid leave. If leave is taken because of the birth or placement of a child, or to care for a covered relative with a serious health condition, any accrued vacation and floating holidays will be substituted for unpaid family and medical leave. If leave is taken due to the employee’s serious health

condition, any short-term disability leave, accrued vacation will be substituted for unpaid family and medical leave. To the extent that a work related injury may constitute a serious health condition, the time spent out of work will be considered part of the allowable twelve (12) weeks of leave. The remainder of family and medical leave will be unpaid. The substitution of paid leave for unpaid leave does not extend the twelve (12) week leave entitlement. - 69 - MEDICAL CERTIFICATION Employees who request leave because of a serious health condition of the employee or the employee’s spouse, child or parent must provide a Medical Certification Statement completed by the health care provider of the employee or relative with a serious health condition and submitted within fifteen (15) days of the leave request. Employees can obtain the Medical Certification Statement forms from the Human Resources Department. The Certification must state the date on which the health condition

commenced, the probable duration of the condition, and the appropriate medical facts regarding the condition. If the employee is needed to care for a spouse, child or parent, the Certification must so state and provide the amount of time that the employee is needed for such care. If the employee has a serious health condition, the Certification must state that the employee cannot perform the functions of his or her job. If the Certification is for intermittent leave, or leave on a reduced work schedule for planned medical treatment, the dates of the treatment and duration must be provided and a statement indicating why the treatment could not be scheduled on dates or times when intermittent leave or leave on a reduced work schedule is not necessary. Employees on leave due to their own serious health condition or to care for a covered relative must contact the Human Resources Department twice monthly regarding the status of the condition and intention to return to work. Franklin

Logistics may require second and third medical opinions as it deems necessary and may request that an employee submit additional periodic re-certification while on leave. Failure to provide timely or complete medical certification may result in delay or denial of leave. MEDICAL AND OTHER BENEFITS DURING LEAVE: During a period of family and medical leave, an employee will continue to participate in Franklin Logistics, Inc. group health plan under the same terms and conditions that applied before leave commenced. To continue participation in the health plan, the employee must continue to make any premium contributions that he or she made to the health plan before taking leave. Arrangements for premium contributions will be made between the employee and the Human Resource Department. Health care coverage will cease if premium payments are not made in a timely manner. If you elect not to return to work at the end of the leave period, you will be required to reimburse Franklin Logistics,

Inc. for the cost of the premium paid by Franklin Logistics for maintaining coverage during the period of unpaid leave. - 70 - An employee is not entitled to accrue any seniority or other employment benefits while on family and medical leave. Employees who request intermittent leave or leave on a reduced work schedule may be temporarily transferred to an available alternate position which better accommodates the recurring leave. RESTORATION TO EMPLOYMENT FOLLOWING LEAVE: An employee who takes family and medical leave will be restored to the position he or she held when leave began or an equivalent position, as determined by Franklin Logistics, upon return from leave. Franklin Logistics, Inc cannot guarantee that an employee will be returned to the same position held prior to taking family and medical leave. If an employee was on leave because of his or her serious health condition, the employee must present Franklin Logistics, Inc. with a Medical Certification Statement completed

by the employee’s health care provider certifying the employee’s fitness to return to work. An employee who fails to return to work following expiration of family and medical leave will be considered to have abandoned their employment unless an extension of leave is approved. Requests for extensions of leave must be made in writing as soon as the employee becomes aware of the need to extend the leave of absence. FRAUDULENT CLAIMS: Employees who make fraudulent claims for leave may be denied restoration and/or disciplined up to and including discharge. ADDITIONAL INFORMATION: Franklin Logistics, Inc. has posted information concerning family and medical leave on the bulletin boards. Any questions concerning family or medical leave should be brought to the attention of the Human Resources Department. SHORT-TERM DISABILITY Franklin Logistics, Inc. contributes to the short-term disability fund managed by the Principal Insurance Group. Should you become disabled, you may be eligible to

receive benefits for a maximum period up to twenty-six (26) weeks. Benefits under this plan will cease when any of the following occurs: Recovery from the - 71 - disability, illness or injury; expiration of the benefits period, acceptance of other employment; resignation; retirement or death. Paper work for filing a Short Term Disability claim must be submitted to the Human Resource Department immediately to assure the claim in processed quickly and accurately. LIFE INSURANCE All full-time employees working 30 hours or more per week, who have completed their 90 day orientation period, are entitled to employer paid life insurance. Life insurance is also provided for spouses and dependent children SOCIAL SECURITY All employees are automatically enrolled in the Social Security Program. We contribute to Social Security an amount equal to the amount deducted from your wages. UNEMPLOYMENT INSURANCE To protect you against loss of income when you are not able to work through no fault of

your own, the Company contributes to the Unemployment Insurance Program on your behalf. WORKERS’ COMPENSATION To protect you against loss of income and medical expenses due to injury or illness that occurred in your employment, we contribute to the Workers’ Compensation Fund. To insure that you receive the best possible professional care and services, we have established a panel of at least six (6) Physicians to evaluate all on-the-job injuries and/or illnesses. Please consult the Human Resources Department and employee bulletin boards for a list of the panel Physicians. - 72 - 401(k) PLAN Franklin Logistics, Inc. has a Company-Funded 401(k) Retirement Plan All full-time employees who have successfully completed six (6) months of continuous employment and 1,000 hours of work, are eligible for participation in this plan. This is a pre-tax salary deferred contribution plan that provides significant current and future tax benefits as well as a fine means for securing your

financial future. All Company contributions are 100% vested at time of issuance. MILITARY LEAVE A military leave of absence without pay will be granted to employees to attend scheduled drills, training or if called to active duty with the U.S armed services Any remaining vacation pay may be scheduled by an employee to cover the absence. Subject to the terms, conditions, and limitations of the applicable plans for which an employee is otherwise eligible, health insurance benefits will be provided by Franklin Logistics for the full term of the military leave of absence, with employees being responsible for their portion of their premium. Military employees called to active duty or reserve training will need to provide to the Human Resource Department a copy of the scheduled orders. Employees on two-week active duty training assignments or inactive duty training drills are required to return to work for the first regularly scheduled day after the end of the training, allowing reasonable

travel time. Every reasonable effort will be made to return eligible employees to their previous position or a comparable position. For the purposes of determining benefits based on length of service, employees will be treated as though they were continuously employed during the leave. JURY DUTY Employees serving on Jury Duty will receive compensation from the appropriate Court System and therefore, will not receive pay from Franklin Logistics, Inc. for time spent on this activity - 73 - FUNERAL LEAVE All full-time employees who have completed 90 days of continuous employment are eligible for up to three (3) days of paid Bereavement Leave when a member of their immediate family passes away. The Funeral Leave will be paid at $50.00 a day The term “immediate family” includes mother, father, spouse, or child or any person acting in loco parentis. If additional time off is needed, the Employee may use vacation days or take the needed time off without pay. All requests for such

time off must be approved by your immediate supervisor. In order to receive the paid days, the company must have paperwork to substantiate the death (newspaper obituary etc.) The paperwork must be submitted within 2 weeks of the death to receive pay. FACTS ABOUT YOUR JOB ORIENTATION PERIOD The first ninety (90) calendar days of employment with Franklin Logistics, Inc. is an orientation period, which may be extended at the option of the Company. The orientation period gives you an opportunity to determine if you wish to be a part of the Franklin Logistics Team. It also gives us an opportunity to evaluate you and your ability to meet the high standards of our Company. At the end of the orientation period, your work performance will be reviewed for continued employment. Successful completion of the orientation period does not alter the at-will nature of your employment with Franklin Logistics, Inc. EMPLOYEE CLASSIFICATION Full-time employees are those who are regularly scheduled to work

at least thirty (30) hours or more per week. These employees are eligible for our full fringe benefit program the first of the month following 90 calendar days. Part-time employees are those who are regularly scheduled to work less than thirty (30) hours per week. Part-time employees are eligible for all statutory benefits such as unemployment and workers’ compensation. - 74 - IMMIGRATION REFORM AND CONTROL ACT (IRCA) Federal law requires Franklin Logistics, Inc. to ask every employee hired after November 1986, to provide proof of eligibility to work in the United States. We must ask you to do the following in order to comply with the law: 1. Complete a special form (I-9) provided by the government. 2. Show the Company documents that establish your identity and eligibility to work in the United States. Many types of documents are acceptable. license The two most popular are a photo driver’s and a social security card. 3. We must verify these documents within three (3)

days of your joining the Company. Failure to provide proper documentation may result in removal of your name from our payroll until proper documentation is provided. ATTITUDE A friendly and conscientious attitude is essential if we are to accomplish our goal of customer satisfaction. Please treat every customer and fellow employee with the same respect and courtesy that we ourselves would like to receive. Most of our loyal and dedicated customers ship time-sensitive freight and demand superior performance. To remain competitive and successful in the market place, we must please our highly valued customers. A positive “Can Do” attitude coupled with outstanding performance is a hard combination to beat. Let’s keep the competition at bay by always manifesting a positive attitude. This will set us apart from the pack and mark us as truly being “Professional” in the conduct of our assigned duties. - 75 - NO SOLICITATION/NO DISTRIBUTION In order to prevent disruptions in

production and interference with work performance, we have instituted a “No Solicitation/No Distribution” rule. Solicitation and the distribution of literature, not sanctioned by management, for any purpose by employees during the working time of either the person soliciting/distributing, or the person being solicited/distributed to, or in any working area at any time, is strictly prohibited. Employees who violate this rule will be subject to disciplinary action. Solicitation and/or distribution of literature for any purpose by non-employees in any area of the Company’s premises is strictly prohibited. PERSONNEL RECORDS It is very important that your records are current. Always notify the Human Resources Department of changes of address, marital status, citizenship, educational achievements, emergency phone numbers, beneficiary changes, etc. If your job requires a valid driver’s license, you must produce a copy for our records. Franklin Logistics, Inc reserves the right to

obtain a copy of your motor vehicle driving record at any time, regardless of your job classification. HIPAA At Franklin Logistics, Inc. we are committed to protecting the privacy of your protected health information. “Protected health information” is your individually identifiable health information, including demographic information, collected from you or created or received by a health care provider or health plan that relates to your past, present or future physical or mental health condition; the provision of health care to you, the past, present or future payment for the provision of health care to you. If you feel that you have been violated of privacy act, please contact the Privacy Official. - 76 - PROPRIETARY INFORMATION You are required to keep confidential any information concerning the Company and its customers that may be imparted to you. This information is given to you in professional confidence. Do not discuss confidential information with anyone except an

authorized Company representative. It is most important that you do not discuss proprietary information with customers or make disparaging remarks about the Company or anyone associated with the organization in any capacity. If you have a problem, please bring it to the attention of your immediate supervisor so it can be addressed expeditiously and in private. Any information regarding your rate of pay or salary and information regarding the rates of pay or salaries of other employees should remain confidential both within the Company and outside the Company. Violation of this policy could lead to disciplinary action up to and including termination. FRANKLIN LOGISITCS, INC. COMPUTER POLICY The following, rules and conditions apply to all users of Franklin Logistics, Inc. owned computer and telecommunications resources and services, wherever the users are located. Violations of this policy may result in disciplinary action, including possible termination, and/or legal action. POLICY

Franklin Logistics, Inc. has the right, but not the duty, to monitor any and all aspects of the computer system, employee e-mail, electronic communications and all mobile communications to insure compliance with this and other policies of Franklin Logistics, Inc. The computers and computer accounts given to employees are to assist them in the performance of their jobs. Employees should not have an expectation of privacy in anything they create, send, or receive on the computer. The computer and telecommunications systems belong to Franklin Logistics,Inc. and may be used for business purposes only unless prior authorization is obtained from your immediate supervisor. Franklin Logistics, Inc reserves the right to, and may, monitor employees usage of the computer system, including e-mail, internet use and mobile communications. - 77 - RULES AND CONDITIONS Sets forth below are certain provisions and understandings for computer, e-mail, internet use and mobile communications. Please

read the provisions carefully 1. Users may not install software into their individual computers or the network without first receiving express authorization to do so from their immediate supervisor and the Information Services Manager. 2. Without prior written permission from your immediate supervisor and the Information Services Manager, the computer and telecommunication resources and services of Franklin Logistics, Inc. may not be used for the transmission or storage of commercial or personal advertisements, solicitations, promotions, political materials or any other unauthorized personal use. 3. Users must comply with all software licenses, copyrights, and all other state and federal laws governing intellectual property. 4. Access codes, log-in information, modem phone numbers and system configuration information is not to be given to others. 5. Users are responsible for safeguarding their passwords for the system. Individual passwords should not be printed, stored on

line, or given to others. Users are responsible for all transactions using their passwords. 6. Fraudulent, harassing, embarrassing, indecent, profane, obscene, intimidating, or other unlawful material may not be sent by e-mail or other form of electronic communication or displayed on or stored in Franklin Logistics Inc.’s computers Users encountering or receiving such material should immediately report the incident to their immediate supervisor and the Information Services Manager. 7. A user’s ability to connect to other computer systems through the network does not imply a right to connect to those systems or to make use of those systems unless specifically authorized - 78 - by your immediate supervisor and the Information Services Manager. 8. Employees assigned portable company notebook computers and other computer-related equipment are responsible for the safe transport, usage, and ultimate return to the company. 9. Personal use of e-mail should be kept to a minimum

and responses to personal e-mail should be made during an employee’s lunch hour or before or after work. 10. Personal use of internet access is not permitted without prior consent of your immediate supervisor. 11. Use of personal equipment ( computer, cell phones etc. ) on company property adheres to same polices as listed. Telephone, Cell Phones, Mail System, Electronic Mail, Facsimile Machines and Copier Machines Personal use of the telephone and cell phones should be restricted to local, brief conversations and should not interrupt the employee from the performance of their duties. The mail, facsimile systems and copier machines are reserved for business purposes only. No personal mail should be sent from or received through the Company’s mail facilities. All mail delivered to the Company’s mail facilities is opened and sorted by Company personnel and no employee should have an expectation of privacy with respect to that mail. Personal packages (UPS, Fed Ex, catalogue

delivery) are prohibited from being delivered to Company facilities. RESPECT FOR PROPERTY Articles of value found on the premises must be turned over to the Director of Human Resources for proper identification and returned to the rightful owner. It is the responsibility of every employee to safeguard properties of Franklin Logistics, Inc., its customers, visitors, and employees We cannot be responsible for personal articles lost or stolen on the premises or in Company equipment. Employees may be held responsible for negligent and willful destruction of property belonging to Franklin Logistics, Inc., its customers, visitors, or their coworkers Equipment operators are reminded to exercise due care and caution in the operation of equipment. Likewise, equipment should be clean and in good repair at all times. Remember, we do not get a second chance to make a good first impression. Everyone must be aware of the importance of conserving Company assets and resources. - 79 - In order to

insure the safety of Franklin Logisticss, Inc. employees, customers and visitors and to insure Franklin Logistics, Inc. customers that their goods are secure while in the possession of Franklin Logistics, Inc. and its employees, the premises of company-owned and controlled property may be monitored. SUGGESTION SYSTEM/INDIVIDUAL COMMUNICATIONS We are committed to developing good lines of communications that keep you informed and give you a chance to be heard. Franklin Logistics, Inc. is committed to communicating with each individual employee on a one-on-one basis. If you have a question, your supervisor is your main source of information and instruction, and is responsible for keeping you informed about everything that can affect your job and your performance at Franklin Logistics, Inc. You are encouraged to speak with your supervisor about any problem or concern you have which is affecting your job. Your supervisor will do whatever is possible to correct those problems or concerns.

Specifically, individual Supervisors are responsible for maintaining good communications with assigned personnel. Employees are encouraged to use this avenue of communications to keep informed on current events and to obtain answers to their questions and concerns. If after speaking with your supervisor, you still feel that your problem or concern has not been addressed, you should contact that person’s supervisor. We are sincerely interested in finding out what your views and feelings are, and there will never be any reprisals for voicing your concerns. Franklin Logistics, Inc maintains an Open Door Policy and Senior Managers are most willing to meet with any employee to discuss their concerns. BULLETIN BOARDS Please check the bulletin boards on a regular basis so that you can keep informed about the Company. The bulletin boards contain information about Company policies, legally required posters and safety notices. - 80 - WEBSITE Smith Transport has a web site that can be

viewed for additional information on the Company, outlining facilities, warehousing and current activities. www.smithtransportcom SAFETY It is our policy and intent to provide a safe working environment for all employees. Each employee is expected to comply with all Company safety policies, rules, and regulations. Your supervisor will be happy to answer any questions about the recommended standards, which will be distributed from time to time. All employees must become familiar with the location of exits, fire alarm devices and fire extinguishers. Please report any unrecognized or poorly identified hazard or potential hazard to your supervisor. To assist in providing a safe and healthful work environment for employees, customers, and visitors, Franklin Logistics, Inc. has established a workplace safety program. The success of the program depends on the alertness and personal commitment of all employees. Franklin Logistics, Inc. provides information to employees about workplace safety

and health issues through bulletin board postings, memos, or other written and oral communications. Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must report any unsafe condition to their manager Employees who violate safety standards, or who cause hazardous or dangerous situations, who fail to report when appropriate or remedy such situations, may be subject to disciplinary action, up to and including termination. WORK PLACE INJURIES/ACCIDENTS Immediately report to your supervisor and the Director of Human Resources, any on-the-job injury or accident requiring first aid, medical attention or any type of injury occurring in the work environment whether or not work time is lost. Even minor injuries and accidents requiring attention must be reported during the same - 81 - work day in which they occur. Submit all bills for treatment promptly to the Director of Human Resources for processing. Please consult company bulletin

boards for a list of panel Physicians to evaluate your injuries. MEDICAL EXAMINATION As part of our policy to insure the health and safety of every employee and comply with the requirements of the Department of Transportation, we may require an applicant or employee to undergo a Company paid medical examination by a doctor chosen by Franklin Logistics, Inc. We may also require an examination where there is fear that an employees condition may pose safety or health hazards to other employees, customers, and or the public. SMOKING POLICY AND SMOKELESS TOBACCO In recognition of the need to protect the health of all employees and to comply with Pennsylvania law, Franklin Logistics, Inc. maintains a non-smoking and smokeless tobacco environment. “Smoking” is defined as possession of a lighted cigarette, lighted cigar, lighted pipe, or other lighted tobacco product. “Smokeless tobacco” is defined as chewing tobacco, snuff, leaf tobacco, etc. that is taken orally or inhaled

through the nose. Smoking is prohibited in all of the Smith Transport buildings and in areas where No Smoking signs are posted. You are also reminded to comply with No Smoking signs and policies on smoking when representing the Company at the facilities of customers, vendors or other organizations. In the areas where smoking is permitted, cigarette butts are to be disposed of at the proper designated containers. The use of smokeless tobacco is prohibited in any of Smith Transport’s buildings, with the exception of maintenance facilities and Smith Transport vehicles. When using smokeless tobacco in any authorized area or vehicle, saliva, tobacco juices, etc. are to be deposited in closeable containers that will not spill if disturbed. Under no circumstances is saliva, tobacco juice, etc. to be deposited on the floor or in any non-closeable container You - 82 - are also reminded to comply with Non-smokeless Tobacco signs and policies when representing the Company at the facilities

of customers, vendors, or other organizations. Any person who violates this policy shall be subject to disciplinary action. WORKPLACE VIOLENCE AWARENESS AND PREVENTION POLICY Franklin Logistics, Inc. is committed to providing a work environment that is safe and free of violence, threats of violence, bodily harm or physical intimidation. Any acts or threatened acts of violence from anyone will not be tolerated. Threats of violence will not be tolerated even if made in a joking or offhand manner. Any employee engaging in such acts will be subject to disciplinary proceedings up to and including immediate termination at the discretion of Franklin Logistics, Inc. Workplace violence is defined as physical, verbal, or written threats, violent behavior, or any physical conduct which interferes or threatens an employee’s safety in the workplace. It is meant to include, but is not limited to, the following: • The actual or implied threat of harm to any individual(s), group, or relatives of

individuals. • The possession of any weapon on company property or while on tour of duty. • The brandishing at others of any object which could be construed as a weapon. • Loud, angry or disruptive behavior that creates fear or anxiety in the workplace. • Intentional disregard for the psychological safety of others. • Intentional destruction of company property or any individual’s personal property. • Committing any misdemeanor or felony crime on company grounds or in the scope of employment duties. • Any other conduct or behavior which a reasonable person would view as threatening or potentially violent. - 83 - physical or Any employee who is subjected to, witnesses or has knowledge of events, behaviors, or actions that may be perceived as violent, or believes violent actions may occur, must promptly report the facts of the incident(s) or situation to any supervisor or to the Executive Vice President of Risk Management. Any supervisor who receives

such a report should immediately communicate it to the Executive Vice President of Risk Management. Employees may express concerns or make reports in confidence without fear of retaliation. The Executive Vice President of Risk Management will promptly investigate all such concerns and reports and take appropriate corrective action, including disciplinary action, when it is warranted. In instances where an employee exhibits any violent or potentially violent behavior, Franklin Logistics, Inc. reserves the right to request an evaluation by a mental health professional to determine fitness for duty as a condition of continued employment with the company. STANDARDS OF BEHAVIOR Franklin Logistics, Inc., like every other organization, must establish certain regulations, which are mutually beneficial to the Company and our employees. The following are grounds for disciplinary action up to and including discharge. In no way is the list intended to be all-inclusive. It is published as a guide

to the proper conduct expected of all employees. ABSENTEEISM AND LATENESS Good attendance and punctuality are essential to the overall success of our organization. As an employee, you have an obligation to report to work on time, as scheduled, and to work your scheduled hours and required overtime. If you cannot get to work on time for a legitimate reason, you must notify your supervisor before the beginning of your starting time to allow for planned distribution of your work. If your supervisor cannot be reached, you should notify another management representative. Your notification should include the reason of absence or lateness and an estimate of when you will report to work. All absenteeism or lateness will be recorded. Excessive absenteeism or lateness will result in disciplinary action including termination. Any appointments or meetings of a personal nature, which require you to be out of work, are encouraged to be scheduled at the beginning or end of the work day so as to

minimize the disruption of the workplace. - 84 - DRUG AND ALCOHOL ABUSE POLICY While the decision to drink alcohol and use drugs is the individual’s, the use of alcohol or drugs on company time or while operating company-owned vehicles is prohibited. The law, safety, and common sense demands this standard of conduct. The use, consumption, possession, and/or sale or distribution of alcohol or unauthorized substances is strictly forbidden. Anyone violating this policy will be subject to discipline up to and including termination. The Company specifically reserves the right to search any company owned or controlled vehicle, private vehicles parked on Company owned or controlled property, lockers provided by the company, tool boxes, and/or other containers used or brought on Company owned or controlled property. It is the express intention of Franklin Logistics, Inc. to fully comply with the laws of the land and to provide safe and honorable employment for all employees and

independent contractors associated with this endeavor. Full compliance is essential to the success and perpetuation of the company. Your full cooperation is solicited and greatly appreciated. RECORDING CONVERSATIONS The Company prohibits the use of any electronic recording devices for the purpose of recording phone conversations and or meetings. As an organization we chose NOT to have these items recorded. In the event that a meeting is to be recorded, it will be known to all parties involved prior to the meetings commencement, and agreed upon by all parties present. OTHER OBJECTIONABLE BEHAVIOR As an employee of Franklin Logistics, Inc. you should be aware that the following will be cause for disciplinary action: a. Excessive absenteeism and/or tardiness. b. Failure to report to work without a bona fide reason. c. Neglect or carelessness in the performance or use of Company property. - 85 - d. e. f. g. h. i. Willfully limiting or restricting production or interfering with the

work performance of other employees. Unsatisfactory work performance.(ie late load, late pick ups, etc.) Failure to follow safe work practices or use provided safety equipment. Failure to maintain individual work areas including trucks in a clean and safe condition as well as personal hygiene. Failure to obey state laws (speed, seatbelts, etc.) Offensive signs, flags, stickers, graphics or any offensive item in or on truck / trailer. The list is not all inclusive, but is published to serve as a guide to the proper conduct expected of employees while on Company property. Facilities are provided for the purpose of eating meals. Employees should not be in the office area eating. Employees should also not be traveling down the road in a Company owned vehicle while eating or drinking any type of beverage. IMMEDIATE TERMINATION Certain acts are so serious they jeopardize the safe or effective operation of the Company. If you perform any of the following acts, immediate termination is

justified. 2. 1. Theft or improper use of Company property. Violation of the Company’s Drug and Alcohol Abuse Policy. 3. Use of narcotic drugs while on duty or reporting to work under the influence of narcotics. 4. Sabotage/Tampering of Company owned or operated equipment. 5. Failure to report all accidents or injuries as soon as possible. 6. Deliberate disobedience of any order from authorized personnel. 7. Driving a company-owned vehicle without a valid license or while under suspension. 8. Unauthorized use of Company equipment. 9. Threatening or inflicting physical harm while on company premise, at a customer facility or any place while on tour of duty. 10. Providing false or misleading information on employment application or other data required by the Company. 11. Use of abusive language or gestures. 12. Falsification of time records or other company documents. 13. Breech of confidentiality agreement. 14. Unsatisfactory Safety Performance (i.e accidents, MVR’s, etc) 15.

Unauthorized passengers - 86 - CUSTOMER RELATIONS AND SERVICES Even simple errors on the part of the company cause customers unnecessary inconvenience and irritation. Furthermore, the time required to correct them is wasteful and expensive. It is, therefore, important that the quality of work be placed in a high priority All contact with customers of Franklin Logistics, Inc. and members of the public is expected to be professional, courteous and reflect positively on Franklin Logistics, Inc. Incidents of non-professional or non-courteous behavior should be reported to your supervisor. VOLUNTARY RESIGNATION If you find it necessary to terminate your employment, you will be expected to give a minimum of two (2) weeks notice. Franklin Logistics, Inc reserves the right to terminate your employment upon receipt of notice of your intention to resign. Every employee is expected to report to work everyday unless arrangements have been made prior with your manager. If an employee fails to

call in regards to work or fails to report to work in 3 days, the employee will be considered a voluntary resignation. DRIVER ESCROW POLICY It is the established policy of the Company to maintain an Escrow Account for each full-time active driver. The Escrow Account will be built up to the maximum limit of $500.00 through weekly payroll deductions Interest is paid to drivers on an annual basis. The Escrow Account may be used to offset Driver liabilities to the Company. PERSONAL PROPERTY POLICY Upon the separation of a driver’s employment, for any reason, the driver must take responsibility for immediately removing all personal property from companyowned vehicles and/or premises. If immediate removal is not possible, the driver must arrange, at his/her own expense, to have the personal property shipped to the location of their choice within fourteen (14) business days of the separation from employment. If arrangements are not made within that time period, the personal property will

be disposed of at the Company’s discretion. - 87 - SAFE DRIVING AWARD Safe Driving Awards will be given to drivers who meet certain criteria for the Safety period. Awards include safe driving patches and pins Safety jackets are awarded after three (3) years safe driving. It is possible that an event may occur which would cause a driver to forfeit his /her award for the year, including: • Drivers out of work for any reason for a period of more than one (1) month during any Bonus period. • Accident deductions totaling $375.00 or more would cause the driver to forfeit their Safe Driving Award for that year. Accident deductions totaling less than $37500 will be considered the threshold, which would not affect the Safe Driving Award. DEPARTMENT OF TRANSPORTATION ROADSIDE FITNESS INSPECTIONS All drivers are required to observe and adhere to the laws of the land and the Federal Motor Carrier Safety Regulations. These laws and regulations are adopted as standard procedures when

operating any Company owned or leased equipment. If a driver completes a U.S Department of Transportation Inspection without receiving any noted violations, he/she will receive a free Smith Transport hat. If a driver is found to be in violation, that driver will receive a written warning for operating outside of the FMCSR’s. If a driver is placed out of service, that driver will receive a warning letter and serve a three day suspension for operation in such a fashion / condition that he/she is deemed too great a risk to operate until said conditions are corrected. REPORTING OF VEHICULAR ACCIDENTS All accidents regardless of severity must be reported to the Safety Department as soon as possible. After business hours, accidents are to be reported to the - 88 - operations personnel on duty and a call to the safety department should be made at 8:00 AM the following business day. Failure to do any of the following in the event of an accident, in which you are involved, will result

in your being placed on probation, suspension with a warning letter, and/or discharge, depending on the severity of the accident. ANY ACCIDENT IS AUTOMATICALLY CHARGED AGAINST YOU AS PREVENTABLE IF YOU FAIL TO PROVIDE THE COMPANY WITH A COMPLETE ACCIDENT REPORT AND PICTURES. PERSONAL APPEARANCE PURPOSE The express purpose of this Section is to articulate the Corporate-Wide Policy on what constitutes Proper Attire in the Workplace. The WORKPLACE is defined as any facility or location of the company, a customer, vendor, social gathering place, company vehicle, or any place where any Employee is representing the Company. SCOPE The Standards outlined in this Section on personal Grooming and Attire apply to ALL EMPLOYEES of Franklin Logistics, Inc. OVERVIEW The company is now of such size that a standardized Dress Code and articulation of what constitutes Proper Attire in the Workplace is necessary. This Policy outlines the Company Standards on proper dress and grooming. Franklin

Logistics, Inc. has enjoyed a considerable measure of growth and expansion in the past decade. The Company is very conscious of its image to customers, vendors, and the public Company Vehicles are maintained IMMACULATELY to project a totally PROFESSIONAL IMAGE. Employees, as REPRESENTATIVES of the Company, must be conscious of and project the same PROFESSIONAL IMAGE in their demeanor, conduct, dress, and grooming. It is extremely important that Franklin Logistics, Inc. be viewed as a professional organization that is represented by highly competent people. Customers will be visiting the Corporate Offices in increasing numbers, vendors will be calling on members of the staff, and employees will be transiting many more facilities in the future. Therefore, it is of prime importance that every representative of the Company project a - 89 - professional image and make the very best impression possible on the individual(s) with whom they come in contact. GROOMING STANDARDS GENERAL

APPEARANCE: Proper grooming for men is defined as a clean shaven face, unless a beard or mustache is worn, and in that case, the beard and/or mustache must be neatly trimmed; and head hair that is neatly styled, groomed and clean. Proper grooming for a woman is defined as head hair that is neatly styled, groomed and clean All clothing worn by staff members should be clean and neatly pressed. Extreme hair colors and styles will not be permitted. Facial jewelry, such as nose, lip and eye rings, etc. are not acceptable attire for any representative of the Company. Stud earrings are accepted Any earrings hanging below the earlobe are not acceptable (ie hoops, etc.) The requirements contained herein also apply when visiting Customers, Vendors, Seminars, Conferences, Company Functions and other Business and Government Establishments as a representative of the Company. Approved Uniform Shirt: - Any Smith shirt from the Company Store ( Eagle Unlimited ) or the approved uniform shirt.

Trousers: Pants / shorts must not be form fitting or excessively large. They must be acceptable business attire Footwear: - Appropriate footwear must be worn-no open shoes and no sneakers. Boots or work shoes are required to be worn with the uniforms. Headgear: - Hats are not required, but only a Smith cap may be worn while in Smith uniform. Patches/Adornments: - A safe driving patch may be affixed to the left shirt sleeve, two inches below the shoulder seam (Smith issued). If a customer has a dress code for drivers while delivering / picking up at their facility, their dress code will take precedence and must be adhered to. Failure to follow the dress code will be addressed accordingly. Termination of Employment: - 90 - - Upon termination of employment for any reason, all company issued equipment and property must be returned in good condition, otherwise the total amount due for garments issued will be deducted from the employees final paycheck. EMPLOYEE HANDBOOK

ACKNOWLEDGMENT I certify receipt of this Handbook and further certify that I have read it carefully and fully understand the rules and regulations contained in it. I accept the responsibility for complying with these rules and regulations during the course of my employment. If I have any questions regarding Company Policy, I will consult my immediate supervisor. I understand that I am an employee at will and that both the company and I are free to terminate the employment relationship at our discretion, and that no supervisor or other Company representative is authorized to alter this relationship. I also understand that the Employee handbook is not intended to be and does not constitute an employment agreement or contract, and that the Company has the right to make the final decision regarding the interpretation and application of all policies, benefits, and rules of conduct set forth in this - 91 - Handbook. Moreover, I understand that the policies contained in the Handbook may

be changed, altered, or otherwise modified at the sole discretion of the Company. Printed or Typed Name Signature Date - 92 -