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The guidelines in this policy are general and may not be applicable to all regulations and situations. However, basic compliance of environmental rules and regulations are to be followed.

It is the policy of the Company to comply with local, state, and federal environmental regulations. Management and employees at all levels must follow the guidelines set forth by the environmental compliance officer of the Company. Guidelines established by the environmental compliance officer include, but are not limited to:

• Documentation of operations, production
• Documentation of inspection of operation and facility
• Reporting of malfunctions and deviations of process equipment or site
• Attendance at training
• Interaction with representatives of environmental agencies
• Correct any environmental deficiencies in a reasonable time period
• Response to complaints and report to environmental compliance officer
• Maintenance of equipment required for compliance
• Conduct required measurements of plant processes

Any employee who does not comply with the Environmental Policy faces disciplinary action, which could result in corrective action up to and including termination. In keeping with the employer’s employment-at-will policy, an employee’s supervisor, after consultation with the appropriate general supervisor, upper management and the environmental compliance officer, has the discretion to discharge the employee after an environmental policy violation.

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An employee shall be subject to discipline for behavior including but not limited to misconduct, violation of the Company’s rules or policies, or poor performance. While it is impossible to identify every type of specific conduct that could result in discipline, the Company provides the following list to illustrate some of the types of misconduct that may result in disciplinary action up to and including termination:

• Violation of Company safety rules
• Violation of attendance standards, including unexcused absences, tardiness and leaving early without permission, unless the absence is protected by law
• Misuse or falsification of Company records
• Careless, inefficient or negligent performance of duty
  Insubordination, disrespect or refusal to carry out work assignments
• Misuse of tools, equipment or other job materials or willful damage to property
• Violation of Drug and Alcohol-Free Workplace Policy, including refusal to comply with any part of the testing process
• Violation of the Harassment, Discrimination, and Retaliation Policy
• Possession of firearms, explosives or other weapons on Company premises and work sites, unless otherwise permitted by law
• Fighting, threatening, intimidating or harassing another employee
  Stealing or other acts of dishonesty
• Horseplay which may endanger safety
• Use of threatening or abusive language
• Improper use or disclosure of Company information
• Engaging in other acts inconsistent with reasonable standards of employee conduct as determined by the Company

The severity of the disciplinary action to be taken by the Company, in its sole discretion, depends upon the various business factors the nature of the offense and the employee’s record. Optional forms of discipline include, but are not limited to:

• Verbal warnings
• Written warnings
• Probationary action
• Demotion or transfer
• Suspension
• Discharge

An employee may be subject to immediate discharge at any time at the discretion of the Company even if that employee has received no other form of discipline prior to the incident at issue.

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Freedom of expression, authenticity, and creating communities are the essence of social media. We recognize that our employees may converse on social networking sites and have developed social media guidelines below to provide you with direction as you interact on social networks, including blogs and microblogs, wikis, video and picture sharing sites, and more. As in all of our daily communications, the best approach to social media is to use sound judgment and common sense, be respectful and remember that you are representing the Company and its values.

Guidelines:

• Do not comment on trade secrets and proprietary Company information without the advance approval of your manager, HR, and Communications Departments.
• Do not make negative comments about our customers on any social media.
• Use of social media on Company equipment during work time is permitted, if your use is for legitimate business purposes. Please discuss the nature of your anticipated business use and content of your message with your manger beforehand.
• Respect all copyright, trademark, and similar laws and use such protected information in compliance with applicable legal standards.
• Don’t use The Shelly Company (or any of its affiliated entities) logos, marks or other protected information or property for any business and/or commercial venture without the Legal Department’s express written authorization.
• Don’t create a blog or online group related to the Company’s (not including blogs or discussions involving wages, benefits, or other terms and conditions of employment, or protected concerted activity) without advance notice of the Legal and Communications Departments.
• Be thoughtful in all of your communications and dealings with others. Never harass (as defined by our anti-harassment policy), threaten, libel or defame fellow professionals, employees, clients, competitors, or anyone else.
• Also, keep in mind that you are more likely to resolve work-related complaints by speaking directly to you co-workers or by utilizing our Open Door Policy than by posting complaints to a social media outlet. Nevertheless, if you decide to post complaints or criticisms, avoid using statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage customers, members, associates or suppliers, or that might constitute harassment or bullying.

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1. Access to the Network through use of the Company facilities is provided for bona fide Company business purposes. To the extent that occasional personal use of the network does occur, such use must not, in the Company’s sole judgment, exceed a reasonable level or distract or disrupt normal work activities. Furthermore, the Company provides no assurance of privacy with respect to any business or personal use of the Network or any other facilities.
2. Network users must comply with all Company access procedures, including use of assigned user IDs and properly licensed software. Once a user receives a user ID to access the Network and related systems, he/she is solely responsible for all actions taken while using those user IDs. Users IDs may not be shared with others. Users may not use email IDs assigned to other individuals to send or receive messages, except in the case of administrative assistants. To maintain system integrity, all employees are required to change their password(s) periodically. A password containing a random mixture of letters and numbers provides the best security. Individual passwords do not guarantee confidentiality or prevent access by the Company, and the Company reserves the right to override passwords and access any part of the Network at any time. In addition, each user should note that he/she may not:
   1. Use the Network or other systems to gain unauthorized access to other information or systems.
   2. Place personal encrypted material on the network.
   3. Copy Network or other files without authorization or use or copy copyrighted materials, such as third-party software, without the proper license or the express written permission of the owner.
   4. Except in “unusual circumstances” share with or use another person’s ID or password that may help to gain access to the Network. These unusual circumstances might include sharing an ID and password with a personal assistant (or other direct report) in order to provide him/her with temporary access to information when you do not have your normal access capabilities due to an equipment malfunction or an inability to connect to the Network from a remote location. Also, it is sometimes necessary to share a password with local IT personnel in order to assist them in troubleshooting a particular problem. In each of these situations however you should change your password after the event so that under normal circumstances no one else knows it.
3. Any email or other communications sent or received via the Network and particularly the internet must be appropriate for the workplace. The language of user email should meet community standards for decency and not make degrading or defamatory remarks about any employee, vendor or customer. Sending anonymous email is forbidden. Email is a relatively permanent form of communication. Users should not transmit any information in email messages that would be inappropriate in a written letter or memorandum. Deletion of an email message does not eliminate backup copies of the messages, which are automatically stored.
4. Only legally-acquired and licensed software is allowed on the Company Network. Users must comply with software license agreements and applicable laws at all times. Copying software in violation of copyright laws is strictly prohibited.
5. Employees are expected to act in a responsible and professional manner when they use the Network and all other Company facilities. Actions that may cause interference with the Network or disruption of work activities are prohibited.
6. Regardless of available encryption methods or other security, it should be assumed that the internet is not adequately equipped to protect data that is considered highly sensitive, confidential or personal. Dissemination of business or technical information of a sensitive, proprietary, confidential or internal nature is not permitted without prior approval.
7. Software, databases and similar ‘live’ technology may not be sent or received via the internet without (a) prior approval, (b) appropriate virus screening, (c) proof that the owner has authorized applicable copying, transmission and use thereof, and (d) use of encryption and other security procedures as appropriate.
8. Users may not agree to a license to download any materials without first obtaining the express permission of their IT Department.
9. The Company reserves the right to access or monitor (with or without notice) at its discretion any use of the Network or other Company facilities, any transmission and information prepared, stored or transmitted on the Network. Such access or monitoring may include retrieving business information, investigating or resolving network or communication problems, preventing network misuse, ensuring compliance with policies for use of third-party software, ensuring compliance with legal and regulatory requests and enforcing Company policies. The Company reserves the right to disclose, without notice, such communication to third parties at its discretion. The network and related materials, including all data files, is the property of the Company, and the Company reserves the right to view and erase any programs (including games), electronic messages or data files of a personal nature that may reside on the Network.
10. Sexual, racial or other offensive, inappropriate or unlawful remarks, jokes, slurs and obscenities are prohibited. Use of the Network to view, access, upload, download, store, transmit, create or otherwise manipulate pornographic, sexually explicit or other offensive materials the Company considers inappropriate is expressly prohibited. Further, such uses of the Network may violate, among other things, the Company’s sexual harassment policy.
11. Use of the Network is subject to all other Company policies.
12. Each employee agrees, recognizes and hereby consents to the Company’s access to his or her email and computer files generated or otherwise created in the Company’s electronic systems. Each employee consents to the Company’s review of such electronic files without prior notification.
13. The Network and any file created on it or with it are not confidential and the employee files will likely be reviewed by the Company.
14. Users who become aware of or who are victimized by prohibited activities should report the violations to their supervisors immediately.

Any violation of the above policies may result in disciplinary action, which could include reprimand, probation, suspension, reduction in salary, demotion or dismissal as determined by the Company in its sole judgment and by applicable law.

There is a corporate and an individual obligation to fulfill the intent of these policies. Any director, officer or employee who discovers any matter that is or appears to be in violation of these policies must report the matter promptly to his/her supervisor or Human Resources. As an alternative, you may report violations 24 hours a day, seven days a week to the Oldcastle Ethics and Compliance Hotline at 1-888-312-2698. Callers may remain anonymous if desired.

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Requesting a Religious Accommodation

An employee whose religious beliefs or practices conflict with his or her job, work schedule, or with policy or practice on dress and appearance, or with other aspects of employment, and who seeks a religious accommodation must contact the HR Department to make a formal request. The written request will include the type of religious conflict that exists and the employee’s suggested accommodation.

Providing Religious Accommodation

The employee’s manager will work with the HR department to evaluate the request considering whether a work conflict exists due to a sincerely held religious belief or practice and whether an accommodation is available that is reasonable and that would not create an undue hardship. An accommodation may be a change in job, using paid leave or leave without pay, allowing an exception to the dress and appearance code that does not affect safety or uniform requirements, or for other aspects of employment.

The employee’s manager will meet with him or her to discuss the request and the decision on the accommodation. If the employee accepts the proposed religious accommodation then the accommodation will be implemented. If the employee rejects the proposed accommodation, he or she may appeal the decision and provide another alternative and will evaluate the alternative and make a decision on whether it can be honored provided there is not an undue hardship on the Company’s business.

It is the policy of the Company to comply with all federal and state laws concerning the employment of persons requesting a religious accommodation. Furthermore, it is our Company policy not to discriminate against qualified individuals requesting a religious accommodation in regard to application procedures, hiring advancement, discharge, compensation, training, or other terms, conditions and privileges of employment.

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It is the policy of the Company to comply with all federal and state laws concerning the employment of persons with disabilities. Furthermore, it is our Company policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment.

When an individual with a disability is requesting an accommodation and can be reasonably accommodated without creating an undue hardship or causing a direct threat to workplace safety, he or she will be given the same consideration for employment as any other applicant. Applicants who pose a direct threat to the health, safety and well-being of themselves or others in the workplace when the threat cannot be eliminated by reasonable accommodation will not be hired.

The Company will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job unless doing so causes a direct threat to these individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation and/or if the accommodation creates an undue hardship to the Company. Contact HR with any questions or requests for accommodation.

All employees are required to comply with the Company safety standards. Current employees who pose a direct threat to the health and/or safety of themselves or other individuals in the workplace will be placed on appropriate leave until an organizational decision has been made in regard to the employees’ immediate employment situation.

Individuals who are currently using illegal drugs are excluded from coverage under the Company ADA policy.

The HR Department is responsible for implementing this policy, including resolution of reasonable accommodations, safety/direct threat and undue hardship issues. Employees should contact Human Resources if they have any questions or concerns regarding these issues.

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The Risk Manager will work with the injured worker and medical professionals to attempt to return him/her to work as soon as possible. This may include returning the injured worker to a light-duty position. All injured workers are to return to work as soon as medically possible. If they have restrictions, they will be accommodated, if possible, in a light-duty position, and other forms of accommodations will also be considered as necessary. If the employee is unable to work due to a serious health condition, Family Medical Leave may also apply (please see Section V for details).

It is imperative that all incidents are reported at the time they occur to avoid exacerbating the injury, unnecessary lost time for injured workers, and other delays in injury management.

Neither the Company nor the insurance carrier will be liable for the payment of workers’ compensation benefits for injuries that occur during an employee’s voluntary participation in any off-duty recreational, social or athletic activity sponsored by the Company.

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Use of Alcohol and Drugs

Employees shall not possess, sell or use alcohol, controlled substances and or illegal drugs while on the job, on Company property or in Company vehicles or machinery. Employees shall not work or report to work under the influence of alcohol, controlled substances or illegal drugs. If an employee is taking a medication prescribed by a physician and is having a reaction to such medication which could affect his or her performance on the job, he or she must immediately report this to his or her supervisor.

Anyone involved in the trafficking of illegal drugs or controlled substances, whether on or off the premises, will be subject to disciplinary action up to and including termination of employment. Trafficking includes the actual sale or distribution of drugs or controlled substances, or possession of a quantity of drugs that is more than would be expected for personal use. Trafficking also includes having in possession illegal drugs or controlled substances that are packaged in a way which indicates an intent to distribute.

Dependency Treatment

Employees are urged to request assistance with any drug or alcohol problem before disciplinary action becomes necessary, and before notification of a random test. If an employee seeks assistance with such a problem from his or her supervisor, that employee will be offered the opportunity to receive treatment or counseling. Any costs of such treatment not covered by Company health insurance or that of a union health insurance policy will be the responsibility of the employee.

The Shelly Company and its subsidiaries will work with individuals who voluntarily report a drug abuse problem. These individuals will be placed on a leave of absence and required to enter a rehabilitation program. After successfully completing a rehabilitation program verified by a substance abuse professional, the individual may return to active employment, subject to periodic substance abuse screening. During the rehabilitation, any available paid vacation and sick time must first be substituted and used for that unpaid medical leave.

All requests for assistance will be handled in a confidential manner.

Testing Procedures

Drug and or alcohol tests will be conducted according to pertinent U.S.D.O.T. rules and regulations as set out in 49CFR Parts 40, 382, 391 and 395. The Shelly Company reserves the right to test any employee, at any time, for any reason.

Tests are required as follows:

• Pre-employment – all candidates for employment must be tested, and a satisfactory result must be received back, prior to their first day of employment with the Company.
• Reasonable suspicion – when there is reasonable suspicion that an employee may be using, possessing, or under the influence of illegal drugs, controlled substances or alcohol at work, that employee will be required to consent to a drug and/or alcohol test immediately.
• Reasonable suspicion may be based upon, but not limited to, physical or behavioral indicators of possible impairment (such as slurred speech, lack of coordination, the odor of alcohol beverages or drugs on an employee, or any other physical or behavioral indicator), or substantiated reports that the employee uses or is under the influence of alcohol or drugs during work.
• Post-accident – drug tests are required in cases where a workplace incident has caused an injury to an employee or damage to a company vehicle or property, unless the employee can be completely discounted as a contributing factor. Post-accident tests will not be conducted if all of the following conditions exist:
  • The accident resulted in a minor injury, even when off-site medical attention was required;
  • There was no violation of work rules;
  • An accident investigation determined there was no reasonable suspicion related to the accident;
  • The accident is considered normal in relationship to the job functions of the injured employee.
• Random – the Company conducts random drug testing of employees, including those working under regulations from DOT, USCG, OSHA, MSHA, and BWC. The Company reserves the right to alter the percentage of employees selected for random drug testing, provided it meets or exceeds levels prescribed by law.
• Post-treatment – employees who have returned to work following completion of a substance abuse treatment program will be subject to return-to-duty testing and periodic follow-up substance abuse screening.

Drug Testing Procedures

• Refusal to comply with any part of the testing process will be considered insubordination and could result in the discharge of the employee.
• The Company will select the method and/or location that is most appropriate for sample collection. Whenever possible, testing will be conducted by a certified lab, and reviewed by a certified Medical Review Officer. Instant testing procedures may be used in rare occasions where a certified collection site is unavailable. All alcohol tests will be administered by a Breath Alcohol Technician (BAT). Test results will be treated confidentially and will be distributed within Company management on a need-to-know basis.

Disciplinary Action

Disciplinary action, up to and including termination of employment, will occur in the following instances:

• A drug test that results in a positive finding, adulterated, or substituted.
• An employee refuses to comply with any part of the process.

Employees may appeal action taken by the Company under this policy directly to the Human Resources Department. Any employee whose employment is subject to a Union agreement shall have recourse to the appropriate grievance procedure in the event he/she disagrees with the application of this policy.

Employees Violating the Policy

Any employee violating the Company’s Substance Abuse Policy will be subject to immediate termination. After discharge, the individual may be eligible for reinstatement after one year period elapses from the time of termination if the individual:

• Receives the assistance of a substance abuse professional (SAP).
• Satisfactorily follows the recommendations for treatment of the SAP.
• Agrees with the SAP, the drug treatment agency or individual conducting the drug treatment program to release to the Safety Committee pertinent information concerning the individual’s consultation, treatment, recommendations, and participation in any drug treatment program.

Agrees to follow-up random drug and or alcohol screening for one year in the event the individual is reinstated.

The rehabilitation of an employee discharged as a result of a positive test must be to the satisfaction of the Safety Committee before the individual can be considered for reinstatement by the Company. Nothing in this policy shall be construed to mean The Shelly Company and or its Subsidiaries are anything other than an at will employer.

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Division and Function Managers are responsible for establishing a reasonable dress code appropriate to the job their direct reports perform. Supervisors may ask an employee to leave the workplace until they are properly dressed or groomed. Under such circumstances, nonexempt employees will not be compensated for the time away from work. It is up to the supervisor to decide what constitutes appropriate appearance. Without unduly restricting individual tastes, the following personal appearance guidelines should be followed:

• Tank tops, tube tops, halter tops, flip flops or shorts may not be worn under any circumstances.
• Facial jewelry, such as eyebrow rings, nose rings, lip rings and tongue studs, is not professionally appropriate and may not be worn during business hours.
• Torn or soiled clothing is not permitted in an office environment.
• Offensive t-shirts or revealing clothing are not permitted.
• Each location will establish the local standard that is appropriate for their place of business, within the confines of the points raised above. Good judgment should be used, and dress should represent the Company in a positive way.

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