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PURPOSE

This Handbook is provided to inform and acquaint managers, supervisors, and employees with Hogan & Associates Construction (“the Company”) and with the Company’s policies, procedures, and practices.

THIS HANDBOOK NOT A CONTRACT

Neither this Handbook, employment with the Company, any other document, nor the maintenance of supervisory or other policies or procedures shall be construed as constituting a promise from or contract of any kind with the Company, either express or implied, regarding any of the matters addressed in any such handbooks or policies.

AT-WILL EMPLOYMENT

Although it is hoped and desired the relationship between the Company and its employees will grow and be in the best interests of both the employee and the Company, all employees are employed for an indefinite period in an at-will capacity. This means both the Company and its employees retain the right to end or terminate the employment relationship at any time, with or without notice, and for any reason or for no reason at all.

ONLY COMPANY PRESIDENT MAY CREATE AN EMPLOYMENT CONTRACT

No supervisor, manager, or representative of the Company, other than the President, has the authority to enter into any contract or agreement with an employee of any kind, including but not limited to for employment for any specific duration or to make any commitments contrary to the at-will nature of employment. Only a separate, express written agreement signed by the President of the Company and designated as an employment contract, can create any such contract and change the at-will nature of the employment relationship.

SUBJECT TO CHANGE

The Company may change any of its policies, procedures, benefits, or other matters described in this Handbook or elsewhere with or without notice, at the sole option of the Company, without prior consultation with or agreement by any employee.

INTERPRETATION

The Company also reserves the exclusive right and authority to interpret, apply, and enforce the provisions of this handbook, and to determine whether or not a violation of any of the Company’s policies has occurred. No other provision of this handbook or any other Company policy or procedure may be used or interpreted to limit or alter this discretionary right or the at-will employment status in any way.

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In conjunction with the Associated General Contractors (AGC), Hogan offers a Department of Labor- and Bureau of Apprenticeship Training-certified apprenticeship training program. This program is provided to laborers who have shown dedication to the company and who are committed to furthering their construction skills and knowledge through training and education.

There are two approved programs for Hogan employees:

  • Form Builder program
  • Heavy Equipment Operator program.

FORM BUILDER PROGRAM

This apprenticeship program includes two evenings per week of classroom instruction and a required number of On-the-Job Training (OJT) hours. The time the employee spends on our Hogan construction jobs counts towards his or her OJT hours. (We can also count construction hours spent at the employee’s prior construction company job towards the total OJT hours. These are referred to as “grandfathered hours”.)

While it typically takes about two years to go through the program, the financial benefits start almost immediately. As the employee accrues OJT hours, his or her pay is increased until, at graduation, the pay is raised to the average journeyman wage at that time. The table below shows the OJT hours and minimum wage scale required by the program.

FORM BUILDER PROGRAM

OJT HOURSWAGEPERCENTAGE
0-1000$11.1360%
1000-2000$12.9970%
2000-3000$14.8480%
3000-4000$16.7090%
GRADUATION$18.55100%
HEAVY EQUIPMENT OPERATOR PROGRAM

This apprenticeship program involves one week of hands-on heavy equipment training—referred to as “periods”—in January, February, March, and April—one week each month—for six months total. (During these week-long periods when the employee will not be working on a Hogan construction job, Hogan will still pay the employee’s hourly pay.) In addition to the week-long periods, the employee must accrue OJT hours.

As with the Form Builder Program, we can also count grandfathered hours—construction hours spent at the employee’s prior construction company—towards the total OJT hours. And the employee’s pay will also increase with his or her accumulation of OJT hours per the table below.

HEAVY EQUIPMENT OPERATOR PROGRAM

PERIODWAGEOJT HOURS
One$11.550-1000
Two$12.511000-2000
Three$14.432000-3000
Four$15.403000-4000
Five$16.364000-5000
Six$17.325000-6000
Graduation$19.25
PROGRAM COST

There are three costs to both of these programs: tuition, books, and a running fee based on the number of OJT hours worked. (The running fee is $1.00 per hour worked. This fee, along with tuition, covers costs to the AGC to operate the program.)

Hogan will pay one half of all three costs for the employee.

When an employee signs up for either of these apprenticeship programs, Hogan pays the entirety of the tuition and book costs up front. Then a remittance is taken each week from the apprentice’s paycheck to cover his or her half of these costs over the course of the semester. For the hourly running fee, Hogan will pay the full accumulated amount of this fee to the AGC each month, as the OJT hours are accrued, with the employee’s half of the fee taken from his or her paycheck.

CURRICULA

HEAVY EQUIPMENT
OPERATOR PROGRAM
FORM BUILDER PROGRAM
A. TRACK-TYPE EQUIPMENT

Such as but not limited to: dozers, crawlers, loaders, truck-type backhoes, all types of paving machines including CTB machines. (1000-1500 hours)

A. FORM BUILDING

Build and place straight and irregular concrete forms for bridge decks, horizontal decks, parapet walls, foundation walls, columns, footings, etc. (1500 hours)

B. RUBBER-TIRED TYPE EQUIPMENT

Such as but not limited to: scrapers, rubber-tired loaders, rubber-tired backhoes, all compaction equipment, etc. (1000-1500 hours)

B. ROUGH FRAMING

Bridge decks, parapet walls, suspended slabs, abutments, columns, etc. (900 hours)

C. HOISTING-TYPE EQUIPMENT

Such as but not limited to: cranes (both crawler mounted and rubber-tire mounted), derricks, hoists, pile-driving rigs, tower cranes, forklifts, or similar equipment. (1000-1500 hours)

C. CONCRETE PLACEMENT

Safely handle, place, finish and cure concrete on bridge decks, parapet walls, inlets, culverts, columns, concrete slabs, horizontal decks, stairs, footings, or other structures. (700 hours)

D. STATIONARY-TYPE EQUIPMENT

Such as but not limited to: air compressors, pumps, electric generating plants, all forms of drilling and boring equipment, crusher operations, concrete batch plants, hot plants, lubrication, and grade checking. (1000-1500 hours)

D. LAYOUT

Box-out in concrete walls, embeds, interior walls, decks, columns, footings, bolt templates, site work, etc. (200 hours)

E. CARE AND USE OF TOOLS & WOODWORKING MACHINERY

Cross-cut and rip circular saws, Radial Arm saws, Worm-drive saws, hand tools, drills, etc. (200 hours)

F. MISCELLANEOUS

The apprentice shall be trained in safety practices related to each operation he/she is performing. (500 hours)

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As a condition of employment, applicants consent to a background check including, but not limited to:

  • County Criminal Search
  • Federal Criminal Search
  • Multi-jurisdictional Index Search
  • National Sex Offender Registry
  • Social Security Trace

Applicants understand the findings of the background check may be grounds for the applicant not being hired by Hogan & Associates Construction.

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ADP WORKFORCE NOW

Hogan employee benefits (starting May 1, 2024) are managed through ADP Workforce Now.

 
ARCORO

Arcoro.com remains the benefits portal prior to May 1, 2024.

Go to www.workforce.adp.com.

Go to www.arcoro.com.

  1. Sign in:
  2. The "SIGN IN" link is typically in the top-right corner of your screen. Clicking on that will present a screen with several options. Click on the "Core HR - Benefits" button.

  1. You will be presented with a login screen. If you do not know or remember your credentials (which are the same as for InfinityHR), or have never logged in before, click on the “Forgot Your Username” link. With your birthdate and your SSN you will then be given your username and allowed to set or reset your password.
  2. Review the Homepage, then click on “Begin Event” next to the open enrollment event field to begin enrollment.
  3. Follow the steps to complete your enrollment, then click “Save & Continue” to complete each step. (Please ensure the information is accurate on each step.)
  4. Review your enrollment information in the review step, then print the confirmation statement. Click the “Save and Confirm” button to confirm your enrollment.

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FOR FIELD ONLY
Breaks

Based on an eight-hour workday, a regularly scheduled 10-minute break will be established each day, usually at 10:00am. Some flexibility is necessary in proceeding with construction operations including concrete pours and other special situations. The 10-minute break is paid time.

Other breaks for longer than eight-hour days are at the discretion of the Superintendent.

Meal Period

Based on an eight-hour workday, a regularly scheduled 30-minute meal period will be established each day. usually at 12:00pm. Some flexibility is necessary in proceeding with construction operations including concrete pours and other special situations. The 30-minute lunch break is unpaid time.

Other meal periods for longer than eight-hour days are at the discretion of the Superintendent.

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Purpose

Using personal cellphones during working hours creates safety hazards and reduces productivity. This policy provides guidelines for use of personal cellphones by employees in the workplace.

Policy
  1. cellphone use including text messaging is prohibited during work hours.
  2. The job office number should be used for emergencies and the superintendent will relay important messages. If an employee is experiencing a special emergency that may require use of a personal cellphone at a time other than scheduled breaks and meal periods, the employee should discuss the situation with his or her immediate supervisor at the beginning of the work shift. Permission may be granted to use the cellphone on a limited basis during work.
  3. Employees may use cellphones during lunch or during the 10-minute morning break period.
  4. All subcontractors are encouraged to have this same policy.
  5. Employees whose job duties require regular or occasional use of a company issued cellphone are strongly discouraged from using their cellphone for personal use.

Responsibilities
  1. All employees are required to follow the policy. This includes craft and administrative positions.
  2. Supervisors are responsible for initiating progressive disciplinary actions for employees who fail to comply with this policy.

Enforcement:

Misuse of a cellphone will result in suspension of work without pay for one day. The second violation of this policy will be grounds for disciplinary action, up to and including reduction of pay and/or termination of employment.

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The Company recognizes alcohol and drug abuse as a potential health and safety issue and encourages employees to seek help.

A CONSCIENTIOUS EFFORT TO SEEK SUCH HELP BY ITSELF WILL NOT JEOPARDIZE ANY EMPLOYEE’S JOB.
—SUMMARY section—

This SUMMARY SECTION is for your convenience. It does cover the primary principles of the Commercial Driver Drug and Alcohol Policy. If this is part of a reading assignment, the assignment and any associated quiz will be on this "Summary" section.


The content of the DETAILS SECTION will still apply in full to your employment at Hogan and your use of company vehicles. However, if you abide by the policy to:

  • Not use drugs—recreational drugs or performance-altering prescription drugs without a doctor’s supervision and/or without the knowledge of your supervisor—on or off the job or while driving
  • Not use or possess alcohol while on the job or while in or using company vehicles
  • Not come to work or drive impaired
  • Not have on your person or in a company vehicle any impairing substances,

you will likely never require the content of the DETAILS SECTION.

PROHIBITIONS

ALCOHOL CONCENTRATION

Covered employees are prohibited from reporting for duty or remaining on duty when their ability to perform assigned functions is adversely affected by alcohol or when their blood alcohol concentration is 0.02 or greater. No Supervisor having actual knowledge that an employee has an alcohol concentration of 0.02 or greater shall permit the employee to perform or continue to perform safety-sensitive functions, including driving a company vehicle.

 
 

ALCOHOL POSSESSION

No employee shall be on duty or operate a commercial motor vehicle while the employee possesses alcohol, unless the alcohol is manifested and transported as part of a shipment or is being taken into evidence. No Supervisor having actual knowledge that an employee possesses unmanifested alcohol shall permit the employee to perform or continue to perform safety-sensitive functions.

 
 

ON-DUTY USE

No employee shall use alcohol while performing safety-sensitive functions. No Supervisor having actual knowledge that an employee is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.

 
 

PRE-DUTY USE

No employee shall perform safety-sensitive functions within four hours after using alcohol. No Supervisor having actual knowledge that an employee has used alcohol within four hours shall permit the driver to perform or continue to perform safety-sensitive functions.

 
 

USE FOLLOWING an ACCIDENT

No employee required to take a post-accident alcohol test shall use alcohol for eight hours following the accident, or until he or she undergoes a post-accident alcohol test, whichever occurs first.

Testing

We do drug testing at the beginning of employment, and then we randomly drug test all employees at the rate of 20% of the average staff count on an annualized basis. And we will target employees for drug testing if we have suspicions of substance abuse.

We will also drug test any employee involved (directly or indirectly) in an on-the-job incident requiring more than first aid, or for which there was extensive property damage, within 32 hours of the incident. If an employee is subject to one of these post-accident drug or alcohol tests, he or she must not consume alcohol until the test is done.

 
 

CONSEQUENT DISCIPLINARY ACTION

Any employee who violates this company commercial vehicle drug-abuse policy will be subject to disciplinary action, including possible termination of employment.

REFUSAL TO SUBMIT

Refusal to test or submit to an alcohol or drug test means that a driver:


  • Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer and consistent with dot agency regulations, after being directed to do so by Hogan

  • Fails to remain at the testing site until the testing process is complete. However, an employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test

  • Fails to provide a urine specimen for any drug test required by the employer and dot regulations

  • In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of your provision of a specimen

  • Fails to provide a sufficient amount of urine when directed, unless it has been determined through a required medical evaluation, that there was an adequate medical explanation for the failure

  • Fails to undergo a medical evaluation as directed by the medical review officer (MRO) as part of the verification process or as directed by the DER concerning the evaluation of shy bladder procedures

  • Fails to cooperate with any part of the testing process

  • Fails or declines to take a second test the employer or collector has directed the driver to take, or

  • Is reported by the MRO as having a verified adulterated or substituted test result, or

  • Possesses or wears a prosthetic or other device that could be used to interfere with the collection process

  • For an observed collection, fails to follow the observer’s instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process.

No employee shall refuse to submit to a post-accident, random, reasonable suspicion, or a follow-up alcohol or controlled substance test required under Title 49 code of Federal Regulations. No Supervisor shall permit an employee who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.

The following are examples that may constitute a refusal to be tested for alcohol and/or controlled substances:

  • ALCOHOL TESTING Refusal by an employee to:
    • Sign the breath alcohol form
    • Provide adequate breath without a valid medical explanation.
    • Cooperate with the testing process in a way that prevents the completion of the test.

  • CONTROLLED SUBSTANCES Refusal by an employee to:
    • Provide a urine sample
    • Provide an adequate urine sample without a valid medical explanation
    • Cooperate with the testing process in a way that prevents the completion of the test.
CONTROLLED SUBSTANCE USE

No employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the employee uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a commercial motor vehicle.

No Supervisor having actual knowledge that an employee has used a controlled substance shall permit the driver to perform or continue to perform safety-sensitive functions.

PRESCRIPTION MEDICATIONS Drivers taking legally prescribed medications issued by a licensed health care professional familiar with the driver’s work-related responsibilities must report such use to their immediate supervisor or dispatcher, and may be required to present written evidence from the health care professional which describes the effects such medications may have on the driver’s ability to perform his or her tasks.

At the sole discretion of the alcohol and drug program administrator, a driver may be temporarily removed, with pay, from a safety-sensitive position if deemed appropriate. After review of all relevant information and on a case-by-case basis, a driver on a prescription medication that presents a safety issue may also be permanently or temporarily removed from his or her position.

Alcohol and controlled substances testing conducted under this policy shall meet or exceed the procedures found in Title 49 code of Federal regulations, part 40. A copy of this title shall be maintained by the Program Administrator and shall be made available to any employee upon request.

POSSESSION

No employee shall have illegal drugs and/or alcohol in their possession while on Company premises, or while operating Company equipment, or while on Company time.

—DETAILS SECTION—
  1. Policy Statement
    1. This policy states the position of Hogan & Associates Construction, Inc. (hereafter referred to as the Company) regarding the use of alcohol and drugs in our workplaces or of Company premises while conducting Company business. Employees are expected and required to report to work on time and in suitable mental and physical condition for work. It is our intent and obligation to provide a healthy and safe drug and alcohol free environment.
    2. The unlawful manufacture, distribution, possession, or use of a controlled substance and/or alcohol on company premises, in Company vehicles, or while conducting Company business off Company premises is prohibited. Violation of this policy will result in termination of employment.
    3. The Company recognizes alcohol and drug abuse as a potential health and safety issue and encourages employees to seek help. A conscientious effort to seek such help by itself will not jeopardize any employee’s job. Employees must, as a condition of employment, abide by the terms of this policy and report any conviction under a criminal drug or alcohol statute for violations occurring on company premises, in Company Vehicles, or while conducting company business off premises. A report of a conviction, guilty plea or plea of no contest, must be made within five (5) days after conviction or plea by the court.
  2. Definitions
    1. EMPLOYEE This policy applies to all employees in the service of the Company for compensation who are required to hold and maintain a CDL as a condition of employment or who receives a reimbursement in part or whole for securing a CDL or who operates a commercial motor vehicle including full-time, part-time, casual, intermittent or occasional drivers shall be subject to random testing conducted pursuant to Federal law and regulations of title 49 code of Federal Regulations, Part 383. All Company employees are subject to pre-employment, random, reasonable suspicion, post-accident, return-to-duty and follow-up testing conducted pursuant to such law and regulations and this policy.
    2. PROSPECTIVE EMPLOYEE Any person who has made application for employment with the Company, who is subject to the commercial driver’s license requirements of Title 49 code of Federal Regulations, Part 383, and/or any person who has been offered a position with the company. Applicants who are offered a position with the company are subject to pre-employment controlled substances testing as a condition of employment.
    3. COMMERCIAL MOTOR VEHICLE A motor vehicle or a combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
      1. Has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
      2. Has a gross vehicle weight of 26,001 or more pounds; or
      3. Is designed to transport 16 or more passengers, including the driver; or
      4. Is of any size and is used in the transportation of hazardous materials which require placards.
    4. Employees who operate commercial motor vehicles as defined above are required to have a current commercial driver’s license (CDL).
    5. SAFETY SENSITIVE FUNCTIONS All time from the time a driver begins 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. Safety-sensitive functions shall include:
      1. All time at an employer or shipper plant, terminal, facility, or other property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;
      2. All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
      3. All time spent at the driving controls of a commercial motor vehicle in operation;
      4. berth;
      5. All time loading or unloading a vehicle, supervising, or assisting in loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and
      6. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
  3. Alcohol Testing Definitions
    1. ALCOHOL The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
    2. ALCOHOL USE The consumption of any beverage, mixture, or preparation, including any medication containing alcohol.
    3. ALCOHOL CONCENTRATION (OR CONTENT) The alcohol in a volume breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by a dot approved breath testing device.
    4. SCREENING ALCOHOL TEST An analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen.
    5. CONFIRMATION ALCOHOL TEST A second test, following a screening test with a result of 0.02 or greater that provides quantitative data of alcohol concentration using a dot approved alcohol testing device.
  4. Drug Testing Definitions
    1. ILLEGAL DRUGS A controlled substance included in Schedule I or II as defined by Section 802(6) of Title 21 of the United States Code. The possession of which is unlawful under Chapter 13 of the Title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or other use authorized by law.
    2. DRUG TEST Analysis of a urine sample for the presence of "illegal drugs" provided by and "employee" or "prospective employee".
    3. INITIAL DRUG TEST (also known as a screening drug test) A test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites.
    4. CONFIRMATION DRUG TEST A second analytical procedure to identify the presence of a specific drug or metabolite that is independent of the screening test and that uses a different technique and chemical principle from that of the screening test in order to ensure reliability and accuracy.
    5. VERIFIED NEGATIVE DRUG TEST A drug test result that was negative on an initial FDA-approved immunoassay test (screening drug test), and reviewed and verified by the medical review officer (MRO) in accordance with this plan and the mandatory guidelines under Title 49 Code of Federal Regulations Part 40 – procedures for transportation workplace drug and alcohol testing programs.
    6. VERIFIED POSITIVE DRUG TEST A test result that was positive on an initial FDA-approved immunoassay test (screening drug test), confirmed by a gas chromatography/mass spectrometry assay, (or other confirmatory test approved by the Department of Health and Human Services) (confirmation drug test) and reviewed and verified by the MRO in accordance with this plan and the mandatory guidelines under Title 49 of the Code of Federal Regulations Part 40. The screening drug test and confirmation drug test cutoff levels for the illegal drugs are:

DRUG TEST CUTOFF LEVELS

DRUGSCREENING
CUTOFF
CONFIRMATION
CUTOFF
Drug Screening Cutoff Confirmation Cutoff Cannabinoids as Carboxy-thc (Marijuana) – whether or not applicant/employee has a Medical Cannabis Card issued by the laws of the State of Utah; see 26-61a-111(a) Utah Code Annotated.-thc (Marijuana)50
ng/ml
15
ng/ml
Cocaine metabolites as benzoylecgoine (Cocaine, Crack)150
ng/ml
100
ng/ml
Phencyclidine. (pcp, Angel Dust)25
ng/ml
25
ng/ml
Opiates (Codeine, Morphine)10
ng/ml
10
ng/ml
Amphetamines (Amphetamines & Methamphetamine) 500
ng/ml
250
ng/ml
    1. SPLIT URINE SAMPLE A portion of the urine sample provided by the donor at the time of collection, poured into a separate specimen bottle, sealed in the presence of the donor, and shipped to the primary laboratory. If the primary sample tested positive for the presence of drugs(s) defined in F-Verified Positive Drug Test, the donor can request analysis of the "split sample" if he/she notifies the medical review officer within 72 hours of notification of a positive drug test.
  1. Required Tests
    1. The Company intends to test employees and/or prospective employees for the presence of drugs and/or alcohol, in accordance with the provisions of this policy. An employee who refuses to be tested when so required will be subject to the full range of disciplinary action, including dismissal. Attempts to alter or substitute a urine specimen provided will be deemed a refusal to take the drug test when required. Drug and alcohol tests shall be given under the following circumstances:
      1. PRE-EMPLOYEE TESTING Prior to the first time an employee performs a safety sensitive function for the Company, the employee shall undergo testing for the five drugs described in the above section.
      2. RANDOM TEST A system of drug and/or alcohol testing imposed without individualized suspicion that a particular individual is using illegal drugs, and may either be:
        1. Uniform unannounced testing of designated employees occupying a specific area, element, or position; or
        2. A statistically random sampling of such employees based on a neutral criterion; and
        3. The company shall ensure that random alcohol that random alcohol and drug tests conducted under this testing method are unannounced and that the dates for testing are spread reasonably throughout the calendar year.
          1. The minimum annual percentage rate for random drug testing shall be 50 percent of the average number of employees in positions requiring a CDL. The minimum annual percentage rate for random alcohol testing shall be 25 percent of the average number of employees in positions requiring a CDL.
          2. An employee shall only be tested for alcohol while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions.
      3. REASONABLE SUSPICION TESTING Drug and/or alcohol testing when the Company has reason to believe that the employee has violated the prohibitions of this policy concerning drug and/or alcohol use.
        1. Reasonable suspicion of drug and/or alcohol use shall be based on a specific event or observation indicating recent drug and/or alcohol use. The observation s may include indications of the chronic and/or withdrawal effects of controlled substances or alcohol and any of the following:
          1. Documentation of unsatisfactory work performance or on-the-job behavior.
          2. Evidence of the manufacture, distribution, dispensing, possession, or use of drugs/controlled substances, alcohol, or other prohibited substances.
          3. Occurrence of a serious or potentially serious accident or minor accident that may have been caused by human error, risky behavior, not following direction, etc.
      4. Signs of possible alcohol or drug use (not all-inclusive):
  • Abnormally dilated or constricted pupils
  • Glazed stare, redness of eyes
  • Flushed face
  • Change of speech (faster or slower)
  • Constant sniffing
  • Needle marks
  • Sudden weight loss
  • Increased absences
  • Increased appetite for sweets
  • Forgetfulness, performance faltering, poor
  • Borrowing money from co-workers or other unusual display or need for money
  • Constant fatigue or hyperactivity
  • Smell of alcohol
  • Slurred speech
  • Difficulty walking
  • Dulled mental processes
  • Slowed reaction
  • Change in personality (paranoia)
      1. Reasonable cause testing shall be obtained only after the covered employee’s supervisor or company official (trained in detecting the indicators of drug and/or alcohol use in accordance with Title 49 Code of federal Regulations, Part 382.603) has reviewed all information, facts, and circumstances leading to and supporting the reasonable cause observation. A written record shall be made of the observations leading to the testing and signed by the supervisor or company official prior to testing. All employees tested under this provision shall be prohibited from performing any safety-sensitive functions until the Program Administrator reviews the results of the test
      2. Alcohol testing is authorized under reasonable suspicion only if the observations required by this testing method are made during, just preceding, or just after the period of the workday that the employee is required to be in compliance with on-duty time. An employee may be directed by the Company to undergo reasonable suspicion testing only while the employee is performing safety- sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. The Company shall not take any action under this section against an employee based solely on the employee’s behavior and appearance, with respect to alcohol use, in the absence of an alcohol test.
      3. Accident means an occurrence involving a Company vehicle or any vehicle used in the performance of Company business operating on a public road which results in:
      1. A fatality
      2. Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident or
      3. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle (any vehicles involved) to be transported away from the scene by a tow truck or other vehicle.
    1. Post-accident Testing. A post-accident test is an alcohol and/or controlled substances test administered to an employee following an accident involving:
      1. A Company vehicle or any vehicle used in the performance of Company business under the following conditions:
        1. The employee was performing safety sensitive functions with respect to the vehicle and the accident involved a loss of human life;
        2. The accident involved serious injury, or major property damage to any vehicle involved the in incident and the Company driver receives a citation under state or local law for a moving traffic violation arising from the accident.
    2. RETURN TO DUTY TESTING Drug and/or alcohol testing required before the employee returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by this policy. An alcohol test conducted under return to duty testing shall have a result indicating an alcohol concentration of less than 0.02 grams of alcohol per 210 liters of breath. DOT requires that all dot Follow-up (or Return to Duty) tests be collected under direct observation
      1. Use of a prescription drug, where the prescribing physician advises that it could impair the ability of a driver to safely operate a commercial motor vehicle, or a warning label on a medication (prescription or over the counter medication), warns of possible impairment, must be reported to the employee’s supervisor.
    3. FOLLOW-UP TESTING Testing required following a determination that an employee is in need of assistance in resolving problems associated with alcohol misuse and/or illegal drugs. The company shall ensure that the employee is subject to unannounced follow-up testing as directed by the substance abuse professional (sap). dot requires that all dot Follow-up (or Return to Duty) tests be collected under direct observation
      1. Use of a prescription drug, where the prescribing physician advises that it could impair the ability of a driver to safely operate a commercial motor vehicle, or a warning label on a medication (prescription or over the counter medication), warns of possible impairment, must be reported to the employee’s supervisor.
  1. Prohibitions
    1. Alcohol concentration (382.201)
      1. Covered employees are prohibited from reporting for duty or remaining on duty when their ability to perform assigned functions is adversely affected by alcohol or when their blood alcohol concentration is 0.02 or greater. No Supervisor having actual knowledge that an employee has an alcohol concentration of 0.02 or greater shall permit the employee to perform or continue to perform safety-sensitive functions.
    2. Alcohol possession (382.204)
      1. No employee shall be on duty or operate a commercial motor vehicle while the employee possesses alcohol, unless the alcohol is manifested and transported as part of a shipment or is being taken into evidence. No Supervisor having actual knowledge that an employee possesses unmanifested alcohol shall permit the employee to perform or continue to perform safety-sensitive functions.
    3. On-duty use (382.205)
      1. No employee shall use alcohol while performing safety-sensitive functions. No Supervisor having actual knowledge that an employee is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.
    4. Pre-duty use (382.207)
      1. No employee shall perform safety-sensitive functions within four hours after using alcohol. No Supervisor having actual knowledge that an employee has used alcohol within four hours shall permit the driver to perform or continue to perform safety-sensitive functions.
    5. Use following an accident (382.209)
      1. No employee required to take a post-accident alcohol test under title 49 code of Federal Regulations, part 382.303, shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.
  2. Refusal to submit to a required alcohol or controlled substances test (382.211)
    1. Refusal to test/submit to an alcohol or drug test means that a driver:
      1. Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer & consistent with dot agency regulations, after being directed to do so by the employer;
      2. Fails to remain at the testing site until the testing process is complete. Provided, that an employee who leaves the testing site before the testing process commences (see 49 CFR 40.63©) for a pre-employment test is not deemed to have refused to test;
      3. Fails to provide a urine specimen for any drug test required by the employer and dot regulations;
      4. In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or monitoring of your provision of a specimen (see 49 CFR 40.67(l) and 40.69(g));
      5. Fails to provide a sufficient amount of urine when directed, unless it has been determined through a required medical evaluation, that there was an adequate medical explanation for the failure;
      6. Fails to undergo a medical evaluation as directed by the MRO as part of the verification process or as directed by the DER concerning the evaluation of the shy bladder procedures in 49 CFR part 40, subpart I of this title;
      7. Fails to cooperate with any part of the testing process;
      8. Fails or declines to take a second test the employer or collector has directed the driver to take; or
      9. Is reported by the MRO as having a verified adulterated or substituted test result; or
      10. Possess or wear a prosthetic or other device that could be used to interfere with the collection process.
      11. For an observed collection, fails to follow the observer’s instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process.
    2. No employee shall refuse to submit to a post-accident, random, reasonable suspicion, or a follow- up alcohol or controlled substance test required under title 49 code of Federal Regulations. No Supervisor shall permit an employee who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.
    3. The following are examples that may constitute a refusal to be tested for alcohol and/or controlled substances.
      1. Alcohol testing, refusal by an employee to:
        1. Sign the breath alcohol form
        2. Provide adequate breath without a valid medical explanation.
        3. Cooperate with the testing process in a way that prevents the completion of the test.
        4. Controlled substances, refusal by an employee to:
          1. Provide a urine sample
          2. Provide an adequate urine sample without a valid medical explanation
          3. Cooperate with the testing process in a way that prevents the completion of the test.
    4. Controlled Substance Use (382.213)
      1. No employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the employee uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a commercial motor vehicle.
      2. No Supervisor having actual knowledge that an employee has used a controlled substance shall permit the driver to perform or continue to perform safety-sensitive functions.
      3. Prescription medications. Drivers taking legally prescribed medications issued by a licensed health care professional familiar with the driver’s work-related responsibilities must report such use to their immediate supervisor or dispatcher, and may be required to present written evidence from the health care professional which describes the effects such medications may have on the driver’s ability to perform his/her tasks.
      4. At the sole discretion of the alcohol and drug program administrator, a driver may be temporarily removed, with pay, from a safety-sensitive position if deemed appropriate. After review of all relevant information and on a case by case basis, a driver on a prescription medication that presents a safety issue may also be permanently or temporarily removed from his/her position.
      5. Procedures used to test for the presence of alcohol and controlled substances.
        1. Alcohol and controlled substances testing conducted under this policy shall meet or exceed the procedures found in title 49 code of Federal regulations, part 40. A copy of this title shall be maintained by the Program Administrator and shall be made available to any employee upon request.
    5. Possession
      1. No employee shall have illegal drugs and/or alcohol in their possession while on Company premises, or while operating Company equipment.
    6. Consequences for drivers having violated subpart B of the Federal Regulations:
      1. Removal from a safety-sensitive function – No employee shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the employee has engaged in conduct prohibited by this policy; title 49 code of Federal Regulations, part 382, subpart B – prohibitions; or an alcohol or controlled substance rule of another DOT agency.
      2. Required evaluation and testing – No employee who has engaged in conduct prohibited by this policy shall perform safety-sensitive functions, including driving a commercial motor vehicle, unless the employee has met the requirements of title 49 code of Federal Regulations, part 382.605
      3. Other alcohol-related conduct – No employee tested under this policy who is found to have an alcohol concentration of 0.02 or greater but less that 0.04 shall perform or continue to perform safety-sensitive functions for the Company, including driving a commercial motor vehicle, nor shall the Company permit the employee to perform or continue to perform safety-sensitive functions, until the start of the employee’s next regularly scheduled duty period, but not less than 24 hours following the administration of the test. Except as provided in this section, the Company shall not take any action under this section against an employee solely on test results showing an alcohol concentration less that 0.04.
    7. Company Action
      1. Upon receipt of a verified or confirmed positive drug or alcohol test result which indicates a violation of this policy, or upon the refusal of an employee or prospective employee to provide a sample, the Company may use that test result or refusal as the basis for disciplinary or rehabilitative actions, which may include the following:
        1. Evaluation by a substance abuse professional to determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use.
        2. A requirement that the employee enroll in a company approved employee assistance program which may include additional drug and alcohol testing, as a condition of continued employment;
        3. Suspension of the employee with or without pay for a period of time;
        4. Termination of employment;
        5. Refusal to hire a prospective employee; or
        6. Other disciplinary measures in conformance with the Company’s usual policies and procedures.
      2. The Company shall not permit an employee who has engaged in conduct prohibited by title 49 code of Federal Regulations, part 382, subpart B and this policy to perform safety- sensitive functions until he/she has been evaluated by a substance abuse professional and has completed a return to duty alcohol and/or drug test with negative results.
    8. Confirmed positive drug test results
      1. The responsibilities of the medical review officer (MRO) with respect to a confirmed positive drug test result are to review and interpret the drug test result. In carrying out this responsibility, the MRO shall examine alternate medical explanations for any positive test result. This action may include conducting a medical interview and review of the individual’s medical history, or review of any other relevant biomedical factors. The MRO shall contact the individual directly, on a confidential basis, to determine whether the employee wishes to discuss the test result.
      2. The MRO shall talk directly with the individual before verifying a test as positive to discuss the test results with him/her. If, after making all reasonable efforts and documenting them, the MRO is unable to contact the individual directly, the MRO shall contact the Company Program Administrator who shall direct the individual to contact the MRO as soon as possible. If the individual provides a legitimate explanation for the confirmed positive drug test, verified by the MRO, the MRO declares the test to be negative.
      3. Following the verification of a positive test result, the medical review officer shall notify the individual that he/she has 72 hours from the time of notification to request a test of the split urine sample. If the individual requests an analysis of the split sample within 72 hours of having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory to provide the split specimen to another DHHS-certified laboratory for analysis. Note a request to test the split specimen does not defer the reporting of the verified positive test result to the Program Administrator.
    9. Referral, Evaluation and Treatment
      1. Each covered employee who has a positive controlled substance test or a blood alcohol concentration test of 0.04 or greater shall be referred to a Substance Abuse Professional (SAP). The SAP shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substance use.
      2. Release of alcohol and controlled substances test information
      3. An employee is entitled, upon written request, to obtain copies of any records pertaining to the employee’s use of alcohol or controlled substances, including any records pertaining to his/her alcohol or controlled substances test. The Company shall promptly provide the records requested by the employee.
      4. The Company shall make available copies of all results for employer alcohol and/or controlled substances testing conducted under this part and any other information pertaining to the employer’s alcohol misuse and/or controlled substances use prevention program, when requested by the secretary of transportation, any DOT agency, or any state or local officials with regulatory authority over the employer or any of its employee’s.
    10. Retention of Records
      1. The Company shall maintain records of the alcohol misuse and controlled substances use prevention programs as provided in this section. The records shall be maintained in a secure location with controlled access. The Company shall maintain the records in accordance with the following schedule:
        1. Five Years
          1. Records of employee alcohol test results with results indicating an alcohol concentration of 0.02 or greater.
          2. Records of employee verified positive controlled substances test results.
          3. Documentation of refusals to take required alcohol and/or controlled substances test.
          4. Calibration documentation (breath alcohol testing devices, if applicable).
          5. Employee evaluation and referrals by DOT substance abuse professionals.
          6. A copy of each annual calendar year summary required by title 49 code of federal regulations, part 382.403.
        2. Two Years
          1. Records relating to the alcohol and controlled substances collection process.
        3. One Year
          1. Records of negative and canceled controlled substances test results (as defined in part 40) and alcohol test results with a concentration of less than 0.02.

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The Company’s supervisors and managers are responsible for the discipline of persons whom they supervise. When an employee’s attendance or performance becomes unsatisfactory, or when an employee engages in inappropriate conduct, the Company may provide the employee with notice of the concern and an opportunity to improve.

HOGAN DETERMINES IF, WHEN, AND HOW TO DISCIPLINE

The Company retains sole discretion to determine whether the misconduct or degree of unsatisfactory performance warrants immediate termination without notice. The Company’s supervisors and managers have several discipline options available, which may include, but are not limited to, verbal warnings, written reprimands, suspensions with or without pay, or discharge. Different versions or combinations of these or other forms of discipline, may be used. There is no plan, policy, or procedure of “progressive discipline” which the Company is obligated to follow. Rather, any of the available forms of disciplinary options may be levied for any particular violation based upon the Company’s discretion.

EMPLOYEE SAFETY

Hogan takes issues of employee safety seriously. As a result, when an employee violates a safety policy or procedure or otherwise engages in unsafe acts in the workplace, Hogan will generally follow this procedure:

  • First offense: written warning, retraining required before returning to project.
  • Second offense: written warning, 24 hours off without pay, retraining required before returning to project.
  • Third offense: REMOVAL FROM JOB SITE with an evaluation of possible separation of employment.

Hogan may also vary from this procedure even for established safety violations. For example, even a onetime intentional unsafe act may lead to immediate removal from a jobsite and termination of employment.

THIS POLICY DOES NOT CREATE A CONTRACT

Neither this Progressive Discipline Policy, nor the maintenance of any other policies or procedures, shall be construed as constituting a promise from or contract of any kind with Hogan, either express or implied, regarding any of the matters addressed in such policies. Although it is hoped and desired that the relationship between Hogan and its employees will grow and be in the best interests of both the employee and Hogan, all employees are employed for an indefinite period in an at-will capacity.

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The following clothing requirements apply to all Hogan employees on the jobsite.

Hogan Construction self performs a variety of work such as the earthwork (utilities), curb, gutter, and sidewalk, footings and walls, flatwork, etc. The majority of this work is done outside. Workers on these crews must wear their hard hats at all times. In addition, while our Equipment Operators are operating equipment, they must wear their hard hat inside the piece of equipment that they are operating.

For work inside the building of a Hogan project, when there isn’t any overhead work, interior ceiling grids are in, and the finishes are going in, the hard hat requirement may be lifted. Even though the hard hat requirement may be lifted at this stage of the project, employees are still required to wear high-viz shirts or vests, safety glasses, work gloves, long pants, and a quality pair of boots.

REQUIRED PPE PROVIDED BY HOGAN:
  • Full-brim or half brim hard hat that must meet ANSI standards and specifications for head protection:
    • Project Superintendents are to wear a RED hard hat.
    • Project Foreman are to wear a GRAY hard hat.
    • Team Managers are to wear a YELLOW hard hat.
    • Team Leaders are to wear a YELLOW hard hat.
    • All other field workers and visitors are to wear a WHITE hard hat.
  • High-viz shirts (Workers may not wear cut-off T-shirts and sleeves must be intact.)
  • High-viz vest (The vest is pocketed and we include a water-proof safety pocket card with contact information, what do to in the case of a major or minor injury, and a few key safety rules.)
  • Safety glasses (They must be ANSI Z87+ rated; when they wear out take them to the Superintendent or Foreman and you will be given new ones.)
  • Work gloves—we have a variety of types to fit your needs. (When they wear out take them to the Superintendent or Foreman and you will be given new ones.)
  • A two-gallon water jug for hydration.

REQUIRED PPE PROVIDED BY THE EMPLOYEE:
  • Long pants—no shorts
  • A quality pair of boots: They do not need to be steel-toe boots, but cannot be tennis shoes or other such insufficient footwear.

STEEL FABRICATION SHOP and YARD ONLY

We require everyone working in our steel fabrication facility and yard to wear safety boots that comply with the American National Standard for Personal Protection—Protective Footwear (ANSI Z41-1999 and Z41-1991). This applies to existing employees and to new-hires.

We will give each employee at the steel fabrication facility and in the yard a yearly allowance of $125 to help with the cost of purchasing boots.

FOR OFFICE EMPLOYEES

Casual attire is acceptable dress at our Corporate office. Casual attire refers to clothing that is comfortable and appropriate to the setting and the occasion. At times and as needed, business casual or business professional attire is required because of the setting and the occasion.

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The Company recognizes alcohol and drug abuse as a potential health and safety issue and encourages employees to seek help.

A CONSCIENTIOUS EFFORT TO SEEK SUCH HELP BY ITSELF WILL NOT JEOPARDIZE ANY EMPLOYEE’S JOB.
—SUMMARY section—

This SUMMARY SECTION is for your convenience. It does cover the primary principles of the Drug- and Alcohol-free Workplace Policy. Your reading assignment and associated quiz will cover this summary section.


The content of the DETAILS SECTION will still apply in full to your employment at Hogan. However, if you abide by the policy to:

  • Not use drugs—recreational drugs or performance-altering prescription drugs without a doctor’s supervision and/or without the knowledge of your supervisor—on or off the job or while driving
  • Not use or possess alcohol while on the job or while in or using company vehicles
  • Not come to work or drive impaired
  • Not have on your person or in a company vehicle any impairing substances,

you will likely never require the content of the DETAILS SECTION.

DRUG USE

Illegal drug use, including prescription drug abuse, is not tolerated—zero tolerance on and off the job.

 
 
DRUG-USE TESTING

We do drug testing at the beginning of employment, and then we randomly drug test all employees at the rate of 20% of the average staff count on an annualized basis. And we will target employees for drug testing if we have suspicions of substance abuse.

We will also drug test any employee involved (directly or indirectly) in an on-the-job incident requiring more than first aid, or for which there was extensive property damage, within 32 hours of the incident. If an employee is subject to one of these post-accident drug or alcohol tests, he or she must not consume alcohol until the test is done.

We will also drug test any employee involved (directly or indirectly) in an on-the-job incident requiring more than first aid, or for which there was extensive property damage, within 32 hours of the incident. If an employee is subject to one of these post-accident drug or alcohol tests, he or she must not consume alcohol until the test is done.

 
 

The drug test results we get back from the lab are the employee’s results—the employee is responsible for the results. No amount of excuses will make it otherwise. An employee claiming he or she was at a party where pot was being smoked but he or she didn’t smoke other than as second-hand smoke, is a cute story, but the test results are the test results; there is no second chance. And, in this example, if true, that employee should have found a different party to attend, because now it’s probably going to cost him or her their job.

 
CONSEQUENT DISCIPLINARY ACTION

Any employee who violates this company drug-abuse policy will be subject to disciplinary action, including termination of employment, possible loss of company benefits, and refusal to hire in the case of pre-employment tests.

 
 
INSPECTIONS

Hogan & Associates Construction reserves the right to inspect with or without notice, all persons, packages, automobiles, and any other items that come or are brought onto the company premises and job site locations. In addition, all desks, lockers, rooms machines, computers, and other company-purchased items remain the property of Hogan & Associates Construction; and Hogan & Associates Construction reserves the right to inspect them with or without notice.

 
 
ALCOHOL USE

While an employee is free to responsibly use alcohol when not working, such use must be responsibly done and not result in any impairment of ability on the job. If there is any day-after impairment, we maintain the right to render disciplinary action, including termination of employment. And just as for illegal substances, we do not tolerate any alcohol use on the job at all. Period. Zero tolerance.

These rules and protections also apply to all the subcontractors on the site.

 
 
PRESCRIPTION AND OVER-THE-COUNTER DRUG USE

Use of prescribed medicines that might impair judgment, reaction time, or physical abilities must be reported to Jared Morgan, Vice President of Human Resources and Safety, prior to any work being done. The failure to report the use of a prescription drug, where a licensed health care practitioner, the pharmacist, or label indicates it may impair the employee’s ability to safely perform their job will be a violation of this policy. Employees who use prescribed medicine must have a current or unexpired prescription that was prescribed within a year of the date of the collection of the test. The prescription must be the employee’s prescription.

Prescription or over-the-counter medications with impairment warnings should not be taken during or before work. An employee undergoing prescribed medical treatment with any drug which may alter his or her physical or mental ability must report this treatment to Hogan & Associates job site superintendent. The Safety Department will determine whether a temporary change in the employee’s job assignment during the period of treatment is warranted.

—DETAILS—
 
 
Definitions

ADULTERANT Any foreign substance added to a test specimen.

ADULTERATE The replacing, adding foreign substances to, or tampering with a specimen in any way with the intent to alter true test results.

ALCOHOL The intoxicating agent in beverage-alcohol, ethyl alcohol, or other low molecular weight alcohol, including methyl and isopropyl alcohol.

ALCOHOL TESTING Being tested by a qualified alcohol testing technician, using a dot-approved alcohol testing device or a dot-approved initial screening device.

CDL Commercial Driver’s License

CMV Commercial Motor Vehicle

COMPANY PREMISES In addition to all Hogan offices, properties, project sites, company vehicles, and equipment, “company premises” also includes any place or vehicle where employees are doing work for or representing Hogan in any way.

CONTROLLED SUBSTANCES For the purposes of this program, controlled substances are equivalent to prescription drugs and illegal drugs, both of which include, but are not limited to Cocaine, Cannabinoids (marijuana), Opiates, Amphetamines, Phencyclidine (pcp), Barbiturates (Phenobarbital, Secobarbital), Benzodiazepines (Librium, Valium), Propoxyphene (Darvon), Methadone and Methaqualone. Testing for these substances has been upheld in court for Federally-mandated drug-testing programs. Other substances may be tested for as needed.

DHHS The Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services.

DOT Department of Transportation

DPC Drug Program Coordinator (Jared Morgan, 801-951-7000)

METABOLITE Metabolic waste product that is more or less toxic to the organism producing it. As drugs are eliminated from the body through metabolism by making the substances more excretable, some metabolites have their own pharmacological activities, which can either be similar to or different from the original drug.

POSITIVE ALCOHOL TEST Test levels on both the screening test and the confirmation test produces a result of .04 or greater.

POSITIVE DRUG TEST When the test levels on both the screening test and the confirmation test which are recognized as positive by the U.S. Department of Health and Human Services in it’s Mandatory Guidelines for Federal Workplace Drug Testing Program, or standardized cutoff levels at a DHHS certified lab.

PRESCRIBED MEDICINE Prescription drug under the care of a licensed health care practitioner that may impair the employee’s ability to safely perform their duties.

UTAH DRUG and ALCOHOL TESTING ACT (Private sector) Utah Code Annotated 34-38-1.

ZERO TOLERANCE Any positive result from drug or alcohol testing will be subject to immediate disciplinary action.

 
 
Purpose

In keeping with Hogan & Associates Construction’s concern for the health and safety of our work force, in keeping with the intent of the federal Drug-Free Workplace Act, Hogan & Associates Construction has instituted a drug-free work place policy.

Employees of Hogan & Associates Construction are our most valuable resource and for that reason their health and safety is our number one concern. Any drug or alcohol use that impairs the health and well being of our employees or threatens our business will not be tolerated. The use of and abuse of controlled substances and alcohol on or off duty, is not consistent with the law abiding behavior expected of all employees. Employees who abuse controlled substances or alcohol on or off duty tend to be less productive, less reliable, and prone to greater absenteeism. This in turn can result in increased costs, delays, and risks to the company’s business. Drug use and alcohol use in the work place puts the health and safety of the abuser and all other workers around them at increased risk. Employees have the right to work in a drug-free environment. In addition, drug and alcohol abuse inflicts a terrible toll on the nation’s productive resources and the health and well being of American workers.

 
 
Certification of Policy

This policy certifies Hogan & Associates Construction’s intent to maintain a drug-free work place. The manufacture, distribution, sale, possession, or use of a controlled substance and/or alcohol in the work place is prohibited. Posters notifying potential employees and current employees of substance abuse testing will be kept in conspicuous locations on the job and in Hogan’s main office.

 
 
Application to Commercial Driver’s License holders

Additionally, the U.S. Department of Transportation (DOT) has regulations which govern the use of drugs and alcohol by employees who hold a Commercial Driver’s License (CDL) and drive a Commercial Motor Vehicle (CMV). Hogan employees who fall under these conditions will be subject to the “Hogan & Associates DOT Drug and Alcohol policy.”

 
 
Questions

If you have questions regarding terms used in this policy, please refer to the “Definition Section”, above. Other questions regarding this policy can be directed to Jared Morgan, Hogan & Associates Construction’s Drug Program Coordinator (DPC).

 
 
Confidentiality

To protect confidentiality and to comply with the law, all records relating to drug and alcohol testing will be maintained in a confidential file in a secure location with controlled access.

 
 
Zero Tolerance Policy

Hogan & Associates Construction has a zero-tolerance level program and is committed to maintaining a safe work place free from the influence of drugs and/or alcohol. The Drug-Free Work Place Act specifically requires Hogan & Associates Construction to notify each employee that as a condition of employment each employee (including all Worker’s Compensation covered employees) must comply with the company’s Drug-Free Work Place Policy. Any employee who violates this company policy will be subject to disciplinary action, including termination of employment, possible loss of company benefits, and refusal to hire in the case of pre-employment tests. All employees are hereby notified that Hogan & Associates Construction reserves the right to the following:

  1. Inspect with or without notice, all persons, packages, automobiles, and any other items that come or are brought onto the company premises. In addition all desks, lockers, rooms machines, computers, and other company purchased items remain the property of Hogan & Associates Construction; and Hogan & Associates Construction reserves the right to inspect them with or without notice.
  2. Require drug and alcohol testing of:
    • Any employee at any time on a random basis. Random testing shall be conducted, at a minimum, on 20% of the average staff on an annualized basis.
    • Potential hires applying for employment with Hogan & Associates, new employees (part- or full-time) within three weeks of hire date, and re-hires who have not worked for Hogan for six months or longer, within three weeks of re-hire date. (A statement that substance abuse testing is required will be posted on vacancy announcements for all positions which require testing.)
    • Any employee involved (directly or indirectly) in an on-the-job incident requiring more than first aid or extensive property damage within 32 hours of the incident. If an employee is subject to a post accident drug or alcohol test, he or she must not consume alcohol before the test is done.
    • Any employee who gives, for any reason, reasonable suspicion that he or she may be under the influence of drugs or alcohol. In such a situation, supervisors will fill out the “Observed behavior—Reasonable Suspicion Record” form (on Procore and in the “Forms” section herein) before the test, and within 48 hours of the incident, and turn it in to the company’s DPC. For reasonable suspicion, the employee will not be allowed to return to work until after the results are provided. Employees will be compensated for lost time if the results are negative. If the results are positive the termination date will be the date and time of the test. In post-accident and reasonable cause situations when alcohol is suspected, a quantitative enzyme diagnostic (QED) or other alcohol screen may be given in addition to the drug test. Such alcohol tests should be performed immediately and must be performed within eight hours of the incident. For employees who must follow dot guidelines, please refer to the Module available in the Centerville office for drug and alcohol testing options and for types of drugs tested. All testing will be done not only for the presence of drugs and alcohol, but also the presence of a metabolite.
  3. Allow specimens to be collected and analyzed by DHHS-certified, professional laboratories for the following controlled substances:
    • Cocaine
    • Cannabinoids (marijuana) – whether or not applicant/employee has a Medical Cannabis Card issued by the laws of the State of Utah; see 26-61a-111(4) Utah Code Annotated
    • Opiates/synthetic
    • Phencyclidine (PCP)
    • Barbiturates (Phenobarbital, Butalbital, etc.)
    • Any and all suspected adulterant products and validity testing
    • Bath salts or other stimulants
    • Any and all other controlled substances
    • Propoxyphene (Darvon)
    • Methadone
    • Amphetamnes
    • Benzodiazepines (Librium, Valium, etc.)
 
 
Prohibitions

Hogan & Associates Construction’s Drug-Free Work Place Policy prohibits employees from engaging in any of the following activities:

  • ALCOHOL Use, possession, manufacture, distribution, dispensation, or sale of alcohol on company premises or while on company business, or while in company supplied vehicles, during working hours.
  • CONTROLLED SUBSTANCES Unauthorized use or possession, or any manufacture, distribution, dispensation, or sale of a controlled substance on company premises or while on company business or while in company supplied vehicles.
  • Storing in a locker, desk, automobile, or other repository on company premises any controlled substance.
  • Being under the influence of a controlled substance or alcohol on company premises or while on company business, or while in company supplied vehicles. It is against Company policy for any employee to operate any vehicle or equipment while under the influence of any drug or alcohol which renders the employee incapable of safely and adequately operating the vehicle or equipment. Presence of a listed prohibited drug or its metabolite in the body of an employee will constitute a violation of this policy.
  • Any possession, use, manufacture, distribution, dispensation, or sale of controlled substances off company premises that adversely affects the individual’s work performance, his own or other’s safety at work, or the company’s regard or reputation in the community.
    Failure to adhere to the requirements of any drug treatment or counseling program in which the employee is enrolled.
  • Failure to notify the company of any conviction under criminal drug statutes for a work place offense within five days of the conviction.
  • Use of alcohol while on company premises, or to report to work under the influence of alcohol. An employee is considered to be in violation of this policy when he or she reports to work and cannot pass an alcohol screening that has a cut-off level of .04 percent.
  • Refusal to sign a statement to abide by this Drug-Free Work Place Policy.
  • Refusal to be tested when required as outlined in this policy. Employees will be given three hours from the time of notification to provide a specimen. Any situation where an employee “can’t go” within that three hour time period will be considered and treated as a refusal to be tested unless the donor can provide a medical explanation to the MRO within five days.
  • Adulterate specimens by the use of adulterant products, dilution, substitution, or any other method. The company reserves the right to re-collect diluted specimens.
 
 
Authorized Use Of Prescribed Medicine

Use of prescribed medicine must be reported to the employee’s supervisor prior to any work being done. The failure to report the use of a prescription drug, where a licensed health care practitioner, the pharmacist, or label indicates it may impair the employee’s ability to safely perform their job will be a violation of this policy. Employees who use prescribed medicine must have a current or unexpired prescription that was prescribed within a year of the date of the collection of the test. The prescription must be the employee's prescription.

Prescription or over-the-counter medications with warnings should not be taken during or before work. An employee undergoing prescribed medical treatment with any drug which may alter his or her physical or mental ability must report this treatment to Hogan & Associates job site superintendent. The Safety Department will determine whether a temporary change in the employee’s job assignment during the period of treatment is warranted.

 
 
Drug Abuse Treatment Programs

Recognition and confession of drug abuse is vital for successful rehabilitation. Whenever feasible, Hogan & Associates Construction will assist employees in overcoming drug abuse by providing information on treatment, counseling, and education programs. However, the decision to seek diagnosis and to apply for and attend such programs is primarily the individual employee’s responsibility. Employees will be solely responsible to pay all costs related to enrolling and participating in such programs.

When employees confess drug problems and request assistance from Hogan & Associates Construction, the company will treat all such requests as confidential and will recommend various treatment, counseling, or educational programs to the employee.

Employees who voluntarily request the company’s assistance in dealing with a drug problem may do so without jeopardizing their continued employment, provided they strictly adhere to the terms of their treatment, counseling, or educational program. Such a request must be made at least 24 hours prior to the notification of an upcoming drug test.

At a minimum, such program terms must include:
a) The immediate cessation of any use of drugs
b) Regular attendance and active participation in the recommended program
c) Periodic unannounced testing during enrollment in the program
d) Passing a return to duty test before returning to job duties.

Hogan & Associates Construction reserves the right to give follow up tests as often as deemed necessary while he or she is enrolled in the program. Upon graduation of the program, the employee may be given follow up tests on an unannounced basis at the discretion of company officers, for the following two years.

However, once an employee is notified of an upcoming test, he or she will be required to take the test. Once such notice has been given, “last minute” confessions will not be tolerated and last minute voluntary requests for assistance from employees will not prevent disciplinary action for violation of Hogan Associates Construction’s Drug-Free Work Place Policy.

 
 
Disciplinary Actions For Violation

A violation of Hogan Associates Construction’s Drug-Free Work Place Policy may result in disciplinary action of termination or refusal to hire, at the company’s sole discretion. Employment termination includes loss of all company benefits.

Rehire

In order to qualify for rehire, the terminated employee must provide the DCP with a signed statement from a counselor, education, or rehabilitation center (hereafter called “rehab”) verifying enrollment in a rehab program. The statement must include a signed release by the terminated employee allowing the DCP to check up and receive all information regarding his or her enrollment and progression in the program. Approval of rehab programs will be at the sole discretion of the DCP. The terminated worker will be responsible to pay all costs related to the program.

Only with the DCP’s approval and following the minimal time frame of at least one week from the date of the positive result are terminated employees eligible for rehire. Rehire is not guaranteed by enrollment in a rehab program. If the individual is rehired, his or her employment will be contingent upon his or her active involvement, strict attendance, and complete adherence to the guidelines of his or her program. Further, the worker’s rehab schedule must not conflict with his or her work schedule and Hogan will not compensate workers for their rehab time. Upon rehire, a drug screen will be required before returning to work and monthly “follow up” tests will be required for up to two years with the employee paying for the tests. If, while enrolled in such programs or anytime following graduation from such programs, another positive test result is received, immediate termination will follow, and the individual will not be eligible for rehire for a minimum of one year.

Positive post-accident testing

In the case of positive post accident drug or alcohol testing, and when it is determined that termination of employment is necessary, the termination date will be the date and time of the incident. A positive post-accident result may constitute a loss in worker’s compensation benefits.

When an employee receives written notification of a positive result he or she will have two days to contest or explain the result to Hogan. Contesting the result means he or she requests that the same specimen be retested at a different DHHS-certified lab. The employee will be responsible to cover all related costs unless he or she can prove that the first lab made a mistake.

Condition for retaining benefits

Employees who have worked for Hogan & Associates for more than one year and whose employment is terminated due to a positive result, may retain his or her benefits if he or she enrolls in an approved treatment, counseling, or educational program within two weeks of the termination date and follows the guidelines outlined in this section. A violation of program guidelines will result in the loss of benefits as well as rehire eligibility as outlined above.
Any employee testing under dot or OCIP will be subject to the guideline outlined in their respective programs. Please refer to the dot and OCIP handbooks available in the Centerville office.

 
 
Employee Education and Supervisor Training
Employee Education

Hogan & Associates Construction shall provide at least one hour of employee substance abuse education training per year. Hogan & Associates Construction shall retain records, to include attendee’s signatures, dates, and training topics, to document employee participation in education.

Supervisor Training

Hogan & Associates Construction shall provide at least 2 hours of substance abuse training per year. Supervisors shall receive training to encompass at least 60 minutes on alcohol misuse and at least 60 minutes on drug use. Training shall incorporate physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of drugs. Hogan & Associates Construction shall retain records, to include attendee’s signatures, dates, and training topics, to document supervisory participation in training.

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E-Verify, authorized by Illegal Immigration Reform and Immigrant Responsibility Act of 1996, is a web-based system through which employers electronically confirm the employment eligibility of their employees.

In the E-Verify process, employers create cases based on information taken from an employee’s Form i-9, Employment Eligibility Verification. E-Verify then electronically compares that information to records available to the U.S. Department of Homeland Security and the Social Security Administration (SSA). The employer usually receives a response within a few seconds either confirming the employee’s employment eligibility or indicating that the employee needs to take further action to complete the case.

E-Verify is administered by SSA and U.S. Citizenship and Immigration Services.

Hogan & Associates Construction participates in E-Verify.

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Hogan & Associates Construction (“Hogan”) prohibits discrimination, harassment, and retaliation as described in this section.

HOGAN EXTENDS EQUAL EMPLOYMENT & ADVANCEMENT OPPORTUNITIES TO ALL QUALIFIED INDIVIDUALS

Hogan will extend equal employment and advancement opportunities to all qualified individuals regardless of their race, color, religion, age (40 and over), sex, gender, sexual orientation, gender identity, pregnancy, disability, national origin, ethnic background, genetic information (including of a family member), military service, and/or citizenship, or any other classification protected by applicable local, state, or federal law. As a federal contractor, Hogan also complies with its affirmative action obligations under Executive Order 11246. Those obligations involve Hogan taking affirmative steps in many areas—such as recruiting and hiring, work environment, training, monitoring, record keeping, policy dissemination, and compliance review—to help ensure equal employment opportunities for women and minorities.

EACH EMPLOYEE TO BE TREATED COURTEOUSLY

All personnel are reminded that each employee is at all times to be treated courteously by fellow employees, so that he or she is free from discrimination, harassment, or interference based on factors such as those mentioned above. Harassment is also defined as unwelcome or unsolicited verbal, physical, or sexual conduct which interferes with an employee’s job performance or which creates an intimidating, hostile work environment. This may include conduct directed at you while working by non-employees or away from the office or during company-sponsored events. Examples of what may be considered harassment, depending on the circumstances, are:

  1. Questions or comments that unnecessarily infringe on personal privacy or offensive, sexist, off-color, or sexual remarks, jokes, slurs or propositions or comments that disparage a person or group on the basis of race, color, religion, age (40 and over), sex, pregnancy, gender, sexual orientation, gender identity, disability, national origin, ethnic background, genetic information (including of a family member), military service, or citizenship or any other characteristic protected by applicable law.
  2. Derogatory or suggestive emails, posters, cartoons, photographs, calendars, graffiti, drawings, other material, or gestures.
  3. Inappropriate touching, hitting, pushing, or other aggressive physical contact or threats to take such action.
  4. Unsolicited sexual advances, requests, or demands, explicit or implicit, for sexual favors.

VIOLATING EMPLOYEES WILL BE DISCIPLINED

Employees who violate this policy will be subject to discipline up to and including discharge. The Company will also try to remedy any violations of this policy by anyone else, such as a non-employee. Anyone who feels he or she has been subject to discrimination, harassment, retaliation, or any violation of this policy should report such incidents to Hogan’s Vice President of Human Resources and Safety, Jared Morgan. All charges of violation of this policy will be investigated promptly and remedied appropriately. The confidentiality of persons reporting violations will be respected insofar as practicable in conducting an investigation of such claims.

AMERICANS WITH DISABILITIES ACT (ADA)

As part of its commitment to equal employment opportunity, Hogan seeks to implement all applicable provisions of the Americans with Disabilities Act (the ADA) and related state law. Ability, not disability, is the basis for employment decisions. It is Hogan’s policy to provide reasonable workplace accommodations to qualified persons with a disability when necessary to allow the employee to perform the essential functions of his or her job. Such accommodations may include, in appropriate circumstances, unpaid leave. If you have questions about this policy and/or have a need for a workplace accommodation, please contact Human Resources.

NO RETALIATION AGAINST WHISTLEBLOWERS

Hogan will not in any way retaliate, or allow retaliation, against an individual who makes a complaint, opposes action in violation of this policy, reports a possible violation of this policy, or participates in any investigation or proceedings related to any such complaint. Hogan will also not in any way retaliate, or allow retaliation, against an individual who seeks a disability accommodation. Retaliation can take many forms and may include more formal job actions (e.g., termination, discipline, demotion, denial of pay, or promotions) and less formal job actions (duty or shift changes, verbal abuse), if either actions materially deter someone from engaging in activity protected by the law, such as making a complaint. Retaliation, including retaliatory harassment, is a serious violation of this policy and should be reported immediately in the same manner in which reports of possible harassment, discrimination, or other violations of this policy are to be reported. Any person found to have retaliated against another individual will be subject to discipline, up to and including discharge.

THIS POLICY IS NOT A CONTRACT

Neither this policy, employment with Hogan, nor the maintenance of supervisory or other policies or procedures shall be construed as constituting a promise from or contract of any kind with Hogan, either express or implied, regarding any of the matters addressed in any such policies.

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The success of a company is only as great as the success of its employees. Employee performance can directly indicate how well a company functions internally, which impacts how that company operates externally. When employees understand their specific job duties, have clearly set goals and know what behaviors are expected of them, they are more productive. One way employers can help employees execute their job better is through an employee evaluation.

On an annual basis, Hogan employees are evaluated by their direct supervisor. Employees will be asked to complete a “self-evaluation” first which consists of the following:

  • Quality of work
  • Attendance & Punctuality
  • Resourcefulness
  • Cooperation, Teamwork & Attitude
  • Productivity
  • Safety
  • Tools
 

Once the “self-evaluation” is complete, that evaluation will be turned over to the employees direct supervisor who will evaluate the employee on the same criteria. The supervisor will then meet with the employee and talk about what the employee is doing well and what the employee can work on. Both the employee and supervisor sign and date the evaluation and submit to Human Resources. Human Resources will evaluate each employee evaluation to see how processes and policy can be improved.

The employee evaluation form is located in Hogan University > Library & Forms > Other Documents.

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[UPDATED JUNE 3, 2023]

TENURE RECOGNITION

At Hogan, we recognize our primary asset is our employees. We value our employees. Hogan is committed to the success of its employees, a commitment that has been demonstrated over the years. One way we say thanks to our employees is through our Employee Recognition program.

The awards below are based on an employee’s tenure with Hogan & Associates Construction. “Total time” counts toward the employee’s tenure. For example, if an employee voluntarily quits then is re-hired, the employee’s previous time worked counts toward their tenure with the company. Employees will receive their tenure award every five years (with the exception of the first year) as per the table below.

Cash awards are given as Tremendous.com credit. Starting on the 20th year, the cash award can be taken as a Tremendous.com credit or as a travel award.

TENUREAMOUNT
1 year$500
5 years$1,500
10 years$1,500
15 years$1,500
20 years$2,500
25 years$5,000
30 years$5,000
35 years$5,000
40 years$5,000
45 years$5,000
50 years
(and every five years thereafter)
$10,000
KUDOS RECOGNITION

There is something inside each and every one of us that wants to be recognized for what we do. Employees recognized for what they do often report feeling happier overall about their work.

Recognition is vital to today’s workforce. At Hogan & Associates Construction, we promote positive reinforcement.

One way that we recognize our employees is by giving them a “kudos” award. Supervisors can give their employees a $25 cash award for an exceptional or innovative idea, for productivity, for safety, attendance, taking pride in their work, or going above and beyond.

Employees can present the card below at the Centerville office to receive the $25 cash award.

In addition to the $25 cash, employees will be given a sticker like the one below which we encourage them to put on their Hogan hard hat.

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ENGLISH | INGLÉS

Hogan & Associates Construction partners with Granite Peaks to offer English classes to those Hogan employees who want to learn English. These classes are familiarly known as:

  • English Language Acquisition (ELA)
  • English as a Second Language (ESL)

Granite Peaks offers English-class levels 1-6. Evening classes are held August through late spring. They are all available in person, with certain levels also available online.

Upon signing up for the class, students will take a placement test to determine their understanding of the English language and math. (These are nationally standardized tests and are required by the State of Utah for Granite Peaks to provide services.)

Following the test, each student will be placed in one of six English skill levels based on his or her English abilities. At the end of each course, students are again tested to determine the student’s improvement: their “level gain”.

Certificates will be made available to students who achieve “level gains”. (Once a student tests at a 6+ level, they recommend they move to higher education to continue their language studies.)

FINANCIAL INCENTIVES

This is a great opportunity for our employees who don’t speak English, or don’t speak it well, to become English-proficient. English speaking employees have better advancement opportunities and are able to perform better on the job (and typically earn better pay).

Consequently, we incentivize our employees to attend these Granite Peaks English classes. We will pay for:

  • All tuition and fees beyond $5. (We dare you to find any other quality educational opportunities for five bucks!)
  • $500 for level advancements

    For example, if an employee starts at a Level Two, then completes the six week course, and at the end of the course receives a “level gain” to Level Three, that employee will receive $500 cash. When the employee graduates from level three to level four, he or she will receive another $500 cash. Employees will be rewarded for each level gain.

  • $1,000 for program completion.

    When the employee is done with the entire program, he or she will receive $1,000 cash.


INTERESTED?

Contact Jared Morgan, 801-910-7011, to sign up or for more information. You can also scan the QR code below to go to the Granite Peaks ELA|ESL program page.

Granite Peaks ELA|ESL Program

ESPAÑOL | SPANISH

Hogan & Associates Construction se asocia con Granite Peaks para ofrecer clases de inglés a aquellos empleados de Hogan que quieran aprender inglés. Estas clases se conocen familiarmente como:

  • Adquisición del idioma inglés (ELA)
  • Inglés como Segundo Idioma (ESL)

Granite Peaks ofrece niveles de clase de inglés 1-6. Las clases nocturnas se llevan a cabo de agosto a finales de primavera. Todos están disponibles en persona, con ciertos niveles también disponibles en línea.

Al inscribirse en la clase, los estudiantes tomarán una prueba de nivel para determinar su comprensión del idioma inglés y las matemáticas. (Estas son pruebas estandarizadas a nivel nacional y son requeridas por el Estado de Utah para que Granite Peaks brinde servicios).

Después de la prueba, cada estudiante será colocado en uno de los seis niveles de habilidad en inglés en función de sus habilidades en inglés. Al final de cada curso, los estudiantes son evaluados nuevamente para determinar la mejora del estudiante: su "ganancia de nivel".

Los certificados se pondrán a disposición de los estudiantes que logren "ganancias de nivel". (Una vez que un estudiante evalúa en un nivel de 6+, recomiendan que pasen a la educación superior para continuar sus estudios de idiomas).

INCENTIVOS FINANCIEROS

Esta es una gran oportunidad para que nuestros empleados que no hablan inglés, o no lo hablan bien, se conviertan en expertos en inglés. Los empleados de habla inglesa tienen mejores oportunidades de avance y pueden desempeñarse mejor en el trabajo (y generalmente ganan un mejor salario).

En consecuencia, incentivamos a nuestros empleados a asistir a estas clases de inglés de Granite Peaks. Pagaremos por:

  • Toda la matrícula y tarifas más allá de $5. (¡Te retamos a encontrar cualquier otra oportunidad educativa de calidad por cinco dólares!)
  • $500 para ascensos de nivel

    Por ejemplo, si un empleado comienza en un Nivel Dos, luego completa el curso de seis semanas y al final del curso recibe una "ganancia de nivel" al Nivel Tres, ese empleado recibirá $500 en efectivo. Cuando el empleado se gradúe del nivel tres al nivel cuatro, él o ella recibirá otros $500 en efectivo. Los empleados serán recompensados por cada ganancia de nivel.

  • $1,000 para la finalización del programa.

    Cuando el empleado haya terminado con todo el programa, recibirá $1,000 en efectivo.


¿INTERESADO?

Contacto con Jared Morgan, 801-910-7011, para inscribirse o para obtener más información. También puede escanear el código QR a continuación para ir al GRANITE Peaks ELA| Página del programa ESL.

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Initial Purchase

The employee will pay 50% and Hogan Construction will pay 50% on the initial purchase of qualifying fall protection equipment. The employee will not qualify for this discount on the purchase of an additional identical item within 1 year of the original purchase unless the item is damaged and traded in on the purchase of the new item.

Trade In

One year after the initial purchase of fall protection equipment, the piece of equipment can be traded in to receive a 75% discount on the purchase price of a replacement item as long as the item shows normal wear and is traded in on the purchase of a new item.

Qualifying Fall Protection Equipment

The following equipment is eligible for the discounted purchase and trade in programs:

  • Full Body Harnesses
  • Lanyards
  • Personal SLRS
  • Portable personal anchorage devises (beamers, etc.)
  • D-ring extensions
  • Positioning devices (Wall Chains)
  • Any other equipment which has been pre-approved by the Safety Manager.

  • Payment

    Payment for qualifying fall protection equipment may be made by payroll deduction for a maximum of four weeks. Purchases of $50 and under must be done in a single week deduction. If the purchase is through payroll deduction the terms are that the employee does authorize Hogan & Associates Construction to deduct the amount from the employee’s paycheck for the prescribed period of time until the debt is satisfied.

    If employment is terminated before the full amount is repaid, the employee agrees to pay in full the remaining portion of the debt from their final paycheck.

    Items are sold “As Is”—Hogan & Associates Construction offers no warranty or exchanges on items purchased through the company.

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    YOUR FIRST WEEK ON THE JOB:

    A new-hire’s first week on the job will not count for or against their hiring bonus. That’s because this first week is likely a partial week — they started work on Wednesday, for example — and so cannot put in a full week of work.

    THE NEXT FOUR WEEKS: $250*

    New employees will get $250* when they complete these four weeks if they have averaged 30 or more hours per pay period during this 30-day window.

    THE FOLLOWING 30-DAY PERIOD: $250*

    Then, new employees will get another $250* when they complete this second four-week period if they have averaged 30 or more hours per pay period during this time. (Nice money.)

    AND THE THIRD 30-DAY PERIOD: $500*

    At 90 days with Hogan (after that first pay period we’re not counting), new hires will get an additional $500* if they have averaged 30 or more hours during these last four weeks. That’s $1,000* total; not bad money.

    NOTE: These bonuses are subject to state and federal taxes.

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    Some medical conditions might affect what type of work we assign to an employee. As an example, steel workers—working above ground—probably should not suffer from seizures.

    Other medical conditions might not be thought of as potentially affecting safety or performance—diabetes, for example—but might present a danger to an employee his or her supervisor should be aware of in order to make sure appropriate accommodations are made for them. Continuing the example, in the case of a diabetic we may need to provide time or a private place to administer any medications, or to conduct blood sugar tests, provide for the ability to keep food nearby, or a schedule of regular breaks to maintain a prescribed diet.

    Any potential employee and current employee is invited to communicate with Jared Morgan, Vice President of Human Resources and Safety, to let him know of any medical conditions the company should be aware of. These communications with Jared will be kept confidential, except as he and the employee determine may need to be communicated to the employee's supervisor—so the supervisor can accommodate any special needs for the employee.

    Hogan values each employee and will attempt to make accommodations that may be needed to keep employees with special medical needs safe, healthy, and productive. However, to do this does require Human Resources to be aware of such medical needs or risks.

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    Minors can do office work and other types of nonhazardous work beginning at age 14. There are hour restrictions that apply to minors under the age of 16. (See below.)

    Child Labor Laws prohibit minors under 18 from working in occupations determined to be hazardous, including:

    Construction
    • Operation of power-driven woodworking machines.
    • Operation of power-driven hoisting apparatus.
    • Operation of power-driven, metal forming, punching, and shearing machines.
    • Operation of circular saws, band saws and guillotine shears.
    • Wrecking, demolition and shipbuilding operations.
    • Roofing operations.
    • Excavation operations.

    Other hazardous work

    Operation in or about establishments manufacturing or storing explosives or articles containing explosive components.

    • Motor vehicle drivers and helpers (with exceptions).
    • Jobs involving exposure to radioactive substances and to ionizing radiation.

    EXCEPTIONS

    The Act does not apply to minors 16 or 17 years of age if they:

    • Have received a high school diploma,
    • Have received a school release certificate,
    • Are legally married, or
    • Are heads of a household.

    Minors under the age of 18 are entitled to a meal period of at least 30 minutes not later than five hours from the beginning of their shift. A rest break of at least 10 minutes for every three hour period or part thereof that is worked by minors is required.

    Under Federal law, those 14 and 15 may not work more than three hours on a school day, may not work past 7:00 p.m. from Labor Day to June 1, and past 9:00 p.m. from June 1 to Labor Day.

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    PAY PERIODS

    Pay periods run from start-of-day Sunday through end-of-day Saturday.

    Paydays

    Paydays occur each Friday and cover the amount earned in the previous pay period. (This means new-hires won't see their first paycheck until towards the end of their second pay period.)

    OvertimE

    Non-exempt (hourly) employees are entitled to overtime for every hour beyond 40 they work in a workweek, regardless of how many hours they work in a day. So, for example, working eight hours per day for Monday, Tuesday, and Wednesday, then 12 hours on Thursday but only five hours on Friday means you worked 41 hours, you get one hour of overtime even though you worked 12 hours on Thursday.

    Direct Deposit

    Employees are paid through direct deposit. Some banks, however, will process the paycheck early, so the funds show up in the account on Thursday, the day before payday.

    Hogan employees can now split their payroll checks between two accounts. For example, if an employee has an account with Wells Fargo and has another account with Mountain America, the employee can put $100 in his or her Wells Fargo account and the rest (net check) will go into the Mountain America account.

    If an employee doesn’t have a checking or savings account, they can sign up for a Visa payroll card.

    Payroll errors

    Employees are urged to review each paycheck carefully for errors. It is their responsibility to do so. If a mistake is found, it should be immediately reported to the supervisor who will assist in taking the necessary steps to correct the error.

    Access to paystubs

    Employees can view their paystubs online using My Records. If employees don’t have access to My Records, they can contact Laurie Orchard in payroll to obtain their username and password.

    • To get paystubs using the web version:
      1. Go to www.hoganconstruction.com
      2. Under the “Employee Portal” on the right of the website, click on “hh2.”
      3. Add your username and password. If employees don’t have their username and password, they can contact Laurie Orchard in payroll.
      4. Click on “HR.”
      5. Click on “My Records.”
      6. Click on “Paystubs.”
    • How to get paystubs using “hh2 My Records”:
      1. Download the hh2 My Records app.
      2. In the first box, add “Hogan” then add the username (typically your first initial and last name) and the password.
      3. Click on “Pay Stubs.”

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    Our goal with employee compensation and our employee benefit package is to retain and attract the best employees. We review employee compensation on a regular basis to determine whether employee raises are warranted. We have several different options available to us when we consider raises, which may include, but are not limited to those listed below. Similarly, there is no plan, policy, or procedure which the Company is obligated to follow. Rather, any of the forms below may be levied:

    • Merit increases
    • Annual increases
    • Cost-of-living adjustments
    • Lateral-move increases
    • Promotion increases
    • Raises based on progress in the apprenticeship program

    RAISES FOR FIELD EMPLOYEES

    Raises for field employees who report to a jobsite Superintendent, are initiated by that Superintendent. Team Managers are also able to initiate a raise for their respective employees. Raises are approved on an individual basis by Dave Andersen (Senior Vice President & Pre-construction Director).

    RAISES FOR OFFICE PERSONNEL

    Raises for office personnel are initiated by their supervisor. They are approved on an individual basis by Cris Hogan (President).

    RAISES FOR JOBSITE SUPERINTENDENTS

    Raises for our jobsite Superintendents are initiated by the Project Manager and approved on an individual basis by Cris Hogan (President).

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    The purpose of Hogan’s referral program is to attract and retain quality employees.

    $800 referral bonus

    If a Hogan employee refers a qualified employment candidate and he or she is hired, the referring employee will receive $100 within two weeks of the referral signing on with Hogan.

    The referring employee will also receive an additional $700 when the new-hire hits his or her 90-day employment mark.

    [NOTE: These bonuses are subject to state and federal taxes.]

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    In an effort to promote a healthy, comfortable and productive work environment, and in compliance with the Utah Indoor Clean Air Act, it is the policy of the Company to provide a smoke-free environment for those who choose not to smoke, and to designate smoking areas for those who choose to smoke.

    Smoking or the use of e-cigarettes is permitted only in designated areas. At our Company corporate office, yard, and shops, areas have been designated for smoking. On Hogan projects, and as required by the property owner, employees and subcontractors who choose to smoke, must leave the property on which our projects are located.

    See the Utah Indoor Clean Air Act: (click on image or text, or scan QR code)

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    [Updated 28 December 2023]

    Holiday pay is offered to ALL Hogan full-time employees.

    Hogan observes the following holidays:

    • New Year’s Day
    • Memorial Day
    • Labor Day
    • Independence Day
    • Thanksgiving Day
    • Day after Thanksgiving Day
    • Christmas Day

    When the holiday falls on a weekend, we observe the Federal Holiday.

    ALL full-time Hogan employees are eligible for Paid Time Off (PTO), with some minor qualifications (discussed below) for when eligibility begins.

    FIELD EMPLOYEE BASE PTO

    [UPDATED DECEMBER 15, 2023; EFFECTIVE JANUARY 1, 2024]

    All full-time field employees are eligible for base Paid Time Off (PTO) of one week (40 hours) beginning the first day of the month following completion of one full year of employment with Hogan.

    This first year of PTO is prorated based on their hire month as defined in the Proration Table in the proration section below. In other words, the start of their base PTO is determined by their anniversary month—an August anniversary, for example, would give the employee 13 hours of PTO

    Other PTO for which an employee may be eligible, based on his or her position or tenure, is in addition to this base PTO amount.

    NOTE: Anyone hired prior to January 1, 2023, is eligible for the full 40 hours of base PTO, no prorating.

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    FIELD LEADERSHIP

    [UPDATED DECEMBER 15, 2023; EFFECTIVE JANUARY 1, 2024]

    Whether hired or promoted into the position, Field Leaders (Foremen, Team Managers, and Team Leaders) are eligible for base PTO plus one additional week (40 hours) of PTO beginning in the month following completion of three full years of employment with Hogan. This first year of additional PTO is prorated based on their hire date (or date of promotion) as defined in the Proration Table, and is in addition to the base amount. (Only the additional 40 hours are prorated, not the full 80 hours.)

    When an employee with three or more years of employment is promoted to a field leader position, the employee will be eligible for the additional PTO immediately, which will be prorated as defined in the Proration Table, based on the month of the promotion. (Only the additional 40 hours are prorated, not the full 80 hours.)

    NOTE: Anyone hired or promoted to Field Leadership prior to January 1, 2020, is eligible for the full 80 hours of PTO, no prorating.

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    REHIRED EMPLOYEES

    [UPDATED DECEMBER 15, 2023; EFFECTIVE JANUARY 1, 2024]

    This section covers employees who worked for Hogan for one or more years and then left the company, and then subsequently were rehired by Hogan.

    RETURNING WITH ONE OR MORE YEARS OF PREVIOUS SERVICE

    If a rehired employee has a previous tenure of one or more years, pto will start the first day of the month following his or her rehire date. The pto for the first year back with the company will be prorated as defined in the Proration Table.

    Example A:

    An employee works for Hogan for 18 months and quits. He or she is rehired in August. pto will be available September 1 of the same year, prorated to 13 hours. That employee will have the full 40 hours of pto starting the following January.

    RETURNING WITH less than one year OF PREVIOUS SERVICE

    If a rehired employee has previous time with Hogan of less than one year, the previous time does not carry over into this new employment. The employee is eligible for base PTO beginning the first day of the month following one full year from the date of re-hire and prorated as defined in the Proration Table.

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    OFFICE EMPLOYEES and EXEMPT FIELD LEADERSHIP

    [UPDATED DECEMBER 15, 2023; EFFECTIVE JANUARY 1, 2024]

    Office employees and exempt (salaried) Field Leaders are eligible for two weeks of PTO (80 hours) and one week of personal time (40 hours) beginning the first day of the month following their hire date and is prorated through the end of the year based on the month they were hired and as defined in the Proration Table.

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    BONUS PTO

    [UPDATED DECEMBER 15, 2023; EFFECTIVE JANUARY 1, 2024]

    All full-time employees are eligible for one additional week (40 hours) of PTO beginning January 1 of the year they complete 20 years of employment. (No proration.)

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    PRORATION

    [UPDATED DECEMBER 15, 2023; EFFECTIVE JANUARY 1, 2024]

    PTO is available beginning the first day of the month following completion of eligibility (employment anniversary, for example) and is prorated through the end of that year based on the month the employee was hired or promoted and the following PTO Proration Table.

    PTO PRORATION TABLE

    Prorated PTO is available starting the first day of the month following completion of eligibility, rounded to the nearest hour. An April anniversary, for example, would give the employee 27 hours, which he or she could begin to use on May 1.

    Month Eligibility
    Completed
    Proration PercentageResulting Portion
    of 40 hours
    Resulting Portion
    of 80 hours
    January92%3774
    February83%3366
    March75%3060
    April67%2754
    May58%2346
    June50%2040
    July42%1734
    August33%1326
    September25%1020
    October17%714
    November8%36
    December0%00

    Example B:

    An employee completes the required tenure any day in March. PTO will be available starting on April 1, and will be prorated to 30 hours:

    March’s proration equals 75% of 40 hours, or 30 hours, and is available the first of the following month—April 1.

    This is in addition to any other eligible PTO.

    Example C:

    An employee completes the required tenure any day in November. PTO will be available starting on December 1 and is prorated to three hours:

    November’s proration equals 8% of 40 hours, or three hours, and is available the first of the following month—December 1.

    For employees completing tenure in December, their PTO is available in full, with no proration, the first of the following month—January 1.

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    QUALIFIERS and APPROVAL PROCESS

    [UPDATED DECEMBER 15, 2023; EFFECTIVE JANUARY 1, 2024]

    QUALIFIERS
    • PTO must be used in the year given or it is lost; PTO cannot be carried over to another year.
    • PTO time is not available for cash out. This means:
      • PTO pay is not available for payout upon termination.
      • PTO pay will not be paid for days not absent (i.e., you cannot get PTO and collect your regular wages for the same reported hours).
      • PTO pay will not be paid for days not scheduled to work (i.e., you cannot get PTO pay for days you were not going to work anyway).
      • Unused PTO may not be paid at year-end.
    APPROVAL PROCESS

    An eligible employee’s PTO must be approved in advance by the employee’s supervisor.

    Efforts will be made to accommodate multiple employees requesting the same time off. If, however, job site conditions do not allow all requests to be honored, requests will be granted according to seniority.

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    PERSONAL LEAVE

    1. Personal leave is available to otherwise eligible employees to use for personal time off as the need arises to address personal matters during working hours. We encourage Personal Leave to be used for medical appointments, children’s school plays, birthdays, family situations, or similar events.

      • Exempt employees are eligible for five days, or 40 hours, of Personal Leave per calendar year, subject to pro-ration during the first year of employment (per the Proration Table, above).

      • Non-exempt office employees are eligible for five days, or 40 hours, of Personal Leave per calendar year, subject to pro-ration during the first year of employment (per the Proration Table, above).

      • Field employees, temporary, yard, and light-duty employees are not eligible for Personal leave.

    2. Personal leave is accounted for on a calendar year basis.

    3. Personal leave may be used in one-hour increments.

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    AMERICAN with DISABILITIES ACT

    As part of its commitment to equal employment opportunity, Hogan seeks to implement all applicable provisions of the Americans with Disabilities Act (ADA) and related state law. Ability, not disability, is the basis for employment decisions. It is Hogan’s policy to provide reasonable workplace accommodations to qualified persons with a disability when necessary to allow the employee to perform the essential functions of his or her job. Such accommodations may include, in appropriate circumstances, unpaid leave. If you have questions about this policy and/or have a need for a workplace accommodation, please contact the Human Resources Director.

       
    FAMILY and MEDICAL LEAVE ACT (FMLA)

    Employees who have been employed by Hogan for at least twelve months (which need not be consecutive), and for 1,250 hours over the previous 12 months, may be eligible for unpaid leave under the Family and Medical Leave Act (FMLA). Up to twelve weeks of FMLA leave (and fourteen additional weeks to care for a qualifying family member injured, or who becomes ill, while on active military duty) is available, measured on a rolling twelve month period looking back from the date leave is requested or needed.

    Reasons for Taking Leave: Unpaid leave must be granted for any of the following reasons:

    1. For incapacity due to pregnancy, prenatal medical care, or child birth;
    2. To care for the employee’s child after birth, or placement for adoption or foster care;
    3. To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition;
    4. For a serious health condition that makes the employee unable to perform the employee’s job;
    5. To care for a qualifying family member who is injured or becomes ill while in active military service; or
    6. To assist a family member with various matters as a result of a call to active military duty (one time basis only).

    MILITARY FAMILY LEAVE ENTITLEMENTS

    Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

    FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period (one time basis only). A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

    JOB BENEFITS and PROTECTION

    1. For the duration of FMLA leave, Hogan must maintain health coverage under any “group health plan” on the same terms as if the employee had continued to work.
    2. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
    3. The use of FMLA leave cannot result in the loss of any employment benefits that accrued prior to the start of an employee’s leave.

    DEFINITION of SERIOUS HEALTH CONDITION

    A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.

    Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

    USE OF INTERMITTENT LEAVE

    An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt Hogan’s operations. Military family leave due to qualifying exigencies may also be taken on an intermittent basis.

    SUBSTITUTION OF PAID LEAVE FOR UNPAID LEAVE

    Under Company policy, all available PTO must be exhausted during the first part of FMLA leave before unpaid family or medical leave may be taken.

    EMPLOYEE RESPONSIBILITIES

    Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable.

    Employees must provide sufficient information for Hogan to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform Hogan if the requested leave is for a reason for which FMLA leave was previously taken or certified.

    You may also be required to provide medical certification and periodic recertification supporting the need for leave. Hogan may also require second or third opinions (at Hogan’s expense) and a fitness for duty report to return to work.

    Hogan’s Responsibilities: Hogan will not:

    1. Interfere with, restrain, or deny the exercise of any right provided under FMLA;
    2. Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

    FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

    UNPAID LEAVES of ABSENCE

    If you have exhausted your PTO entitlement or personal leave, or have not yet accrued PTO or personal leave, you may request an unpaid leave of absence. You may take an unpaid leave of absence under the FMLA and/or ADA pursuant to the policies described above. For all other unpaid personal leaves of absence, you may make a request to Hogan’s Human Resources Director. PTO days and personal leave must be used before unpaid leave is allowed.

     
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    Having tools assigned is a privilege, not a right. Hogan and Associates Construction reserves the right to collect tools, at any time, from any employee with assigned tools.

    Tools will only be assigned to employees if they meet the following criteria:


    1. Minimum of three months of full-time work with the company to be eligible.

    2. Must be a carpenter or apprentice. Laborers are not eligible.

    3. Tools must be requested by the jobsite Superintendent or Foreman to the General Superintendent and be approved by all parties.

    4. Some exceptions will be made based on individual needs as dictated by the job-site Superintendent. All special cases will need to be approved by the General Superintendent.

    5. Tools will be assigned to individuals based on the following:
    CARPENTERS
    • Cordless Drill Set
    • 7¼-inch Circular Saw
    • SDS Hammer Drill
    • 4½-inch Grinder
    APPRENTICES
    • Cordless Drill Set

    1. Laborers will not be assigned tools. It is expected carpenters will share their tools with the apprentice(s) and laborer(s) they are working with. We hope they will teach the younger generation how to use and care for the tools.

    2. Superintendent and Foreman tools will be purchased by the job and not assigned through the tool program.

    3. TOOL STORAGE: Employees will need to provide their own storage. We will offer a few options to purchase by payroll deduction. Any tool storage will need to be transported by the employee.

    4. STOLEN TOOLS: If tools are stolen due to negligence, the employee will be required to replace them. If tools are stolen while locked up and after hours, the job will replace them.

    5. END OF EMPLOYMENT: Employees with assigned tools need to return their tools to the superintendent or the main office upon termination. If tools are not returned the employee will not receive their last check. If employees are terminated on site and the office is not notified before the last check is sent, the job site will be responsible for the cost of the tools.>

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    NOTE: There is no quiz associated with this section. Keep in mind that it is here as a reference source.

    Hogan Construction expects employees to have the appropriate tools. Most of these tools are available for purchase on the Company Store at www. hoganuniversity.com, at a better-than-retail price and with payment over four pay periods.

    However, it should be noted that tools are nothing without the proper knowledge to use the tool. Below is a list of tools specific to the employee’s position along with the expected education and training:

    STEEL ERECTION CREW
    LABORER | DECK HAND
    JOURNEYMAN
    • Tape measure

    • Crescent spud

    • Bull pin

    • 7∕8 × 30-inch sleever bar

    • Welding hood
    • Bolt Bag

    • 4-pound sledge hammer

    • Rod pouch

    • Chipping hammer
    • All Laborer/Deck hand tools

    • ¾-inch box end spud wrench

    • 6-foot level
    • 2-foot level

    • Chalk box

    • Speed Square

    • Bessy clamp
    SITE CONCRETE CREW
    GENERAL LABORER
    APPRENTICE
    • 25-foot tape measure

    • Tool belt

    • Claw hammer (24-ounce or better)
    • 8-pound sledge (double jack)

    • Linesman pliers

    • Rubber boots
    • All Laborer tools

    • 4-foot level

    • Magnesium float
    • Steel Trowel

    • Margin Trowel

    • Darby

    • ½-inch edger
    EARTHWORK CREW
    LABORER
    EQUIPMENT OPERATOR
    • Tenth tape

    • 4-inch level

    • Sledge hammer

    • Small set of mechanic tools 7∕16 –15/16

    • Grease gun
    • Razor knife

    • Screw driver and Philips

    • String line

    • Vice-grip pliers

    • Crescent wrench

    • Monkey wrench
    • All Laborer tools
    • Mechanic
      wrenches 7∕16 –1/8 box and sockets
    CONSTRUCTION CREW
    LABORER
    APPRENTICE
    • Safety glasses (company provided)

    • Hardhat, work boots, gloves

    • Claw hammer


    • Tape measure

    • Carpenter belt or apron

    • Side-cut or linesman pliers

    • Rain gear


    • 8-pound sledge (double jack)

    • Chisel

    • Plumb bob

    • Square

    • Screwdrivers

    • Chalk line


    • String Line

    • Wire reel

    • Magnesium float

    • Steel trowel

    • Margin trowel

    • Drill/Driver combo (company provided)


    JOURNEYMAN FORMSETTER | FINISHER

    (minimum of 2 years school, training, and experience):

    JOURNEYMAN CARPENTER

    (minimum of 4 years school, training, and experience):

    • All laborer and apprentice tools

    • 12-inch crescent wrench

    • 36-inch + level

    • Cold chisel

    • ½-inch edger

    • Hand jointer


    • Darby

    • Rubber float

    • Water brush

    • Rubber boots

    • Knee pads or boards

    • Drill / Driver Combo, saw, grinder (company provided)


    • All laborer and apprentice tools

    • Tool box

    • 12-inch crescent wrench

    • 72-inch level

    • 24-inch level

    • Squares-framing and speed square

    • 100-foot tape

    • Hack saw


    • Nail set

    • Finish hammer

    • Rubber mallet

    • Chisels

    • Sliding T-bevel

    • Scribe

    • Clamps

    • Sanding block

    • Drill/Driver combo, saw, grinder (company provided)


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    Purpose and Basis

    Hogan assumes that its natural working range includes a 70-mile radius from the Hogan Centerville office. Employee commuting travel, to their job work site and home again is personal, rather than business under federal tax rules. Job sites which are further away than the IRS 70-mile radius, may be designated as per-diem jobs by Hogan and reimbursements for certain travel-related expenses may be available for employees required to travel to such job sites. Hogan expects its employees to ride share and incur double-occupancy lodging costs and has designed its reimbursement rates accordingly. Hogan has defined two ranges, based upon distance from the Centerville Hogan office, and has provided this policy for employee travel-related reimbursement within two ranges as defined herein.


  • "70-MILES" RULE:

  • Per IRS rules, travel costs for employees commuting to their jobsite and home again—if the jobsite is within a 70-mile radius from the Hogan Centerville office—is considered a personal expense, and not a business expense. No company reimbursement for such jobsite commutes is provided, with the following two exceptions:

    1. Within this 70-mile radius circle, Hogan may—at its sole discretion and based on business needs—designate certain jobsites for commuting-costs reimbursement if the employee lives farther than 35 miles from that specific jobsite.

      empty line used for spacing

      So, for example, Hogan may choose to designate a Park City-location jobsite as an exception, and assist employees commuting daily to that jobsite from their home—if they live more than 35 miles from the Park City site.

      The assistance may consist of:

      • Providing a group-commuter or ride-share vehicle, or
      • Providing mileage reimbursement at one-half the Federal business mileage reimbursement rate
    2. The other exception is if the employee is using a Hogan-provided vehicle for commuting. Then costs are covered using the Hogan-provided VISA card.

    empty line used for spacing

  • "MORE-THAN-70-MILES" RULE:

  • When a jobsite is farther than the 70-mile range from our Centerville office, Hogan may—at its sole discretion and based on business needs—designate a project as a per-diem job. Per-diem jobs typically require overnight travel—frequently for the entire work week—causing the employee to incur more travel costs as well as meal and lodging costs.

    Employees traveling weekly to per diem jobs from home, may be reimbursed for certain travel expenses, including:

    MILEAGE: Hogan will reimburse employees travel costs for mileage at a rate of one-half of the Federal business mileage reimbursement rate for travel, provided:

    • The employee makes one 140-mile-or-greater round trip per week, assumed to be home to job site and return home,
    • The employee travels in a personal vehicle (not a Hogan vehicle).

    Optionally, Hogan may elect to provide a group-commuter or ride-share vehicle.

    If the employee is using a Hogan-provided vehicle for commuting to per-diem jobs, then costs are covered using the Hogan-provided VISA card.

    MEALS: Hogan will reimburse meal expenses for employees on Per Diem jobs up to $30 per day for days worked.

    LODGING: If previously approved, Hogan will reimburse costs of lodging to employees on Per Diem jobs, at one-half the Federal Continental United States (“CONUS Rates”) for the jobsite area. The CONUS Rates are located at this www.gsa.gov site.

    Alternatively, Hogan may provide housing near the jobsite, Hogan employees must make every effort to stay at the housing provided by the company. When housing is provided by the company employees will not be reimbursed.


    NOTE: For per-diem jobsites, Hogan expects its employees to ride share and incur double occupancy lodging and has designed its reimbursement rates accordingly: one-half the CONUS or Federals rates. Payroll automatically will apply the reimbursements for per-diem jobs so no receipts are required.


    COMPLIANCE STATEMENT

    Hogan’s travel expense reimbursement plan conforms with an “Accountable Plan” under the IRC because it limits personal costs, requires actual documented travel (on the payroll records as working on the job site for the time and dates), and is reimbursed at not more than the Federal Rates for such travel.

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    [UPDATED DECEMBER 19, 2023]

     
    Hogan values education.
     
    COLLEGE and UNIVERSITY

    So much so that we will pay for half of the tuition for approved courses of study, including Construction Management and similar programs.

    To qualify, Hogan employees must do the following:

    • Pay for his or her tuition upfront. At the end of the semester, the employee must submit for reimbursement. Hogan will then reimburse the employee for half of the paid tuition. (Hogan will not reimburse for books, lab fees, test fees, or other expenses such as housing or parking.)
    • Receive a B- or better for a course to be reimbursed.
    • Work full-time for Hogan, averaging at least 30 hours or more each week to qualify. The student does not need to be full-time at school.
     
    WELDING TECHNOLOGY PROGRAMS

    We will also pay for half of the tuition and fees (including registration, student fees, and final certification exam fee) for a qualified welding technology program.

    Welding certificates we support are:

    • SMAW F3 and F4 (fillet welding)
    • SMAW G3 and G4 (groove welding)
    • empty line used for spacing

      (NOTE: The letter is the type of weld (F for fillet, G for groove) and the number is the position (3 for vertical up, and 4 for overhead).

    empty line used for spacing

    To qualify, Hogan employees must do the following:

    • Pay for his or her tuition upfront. At the end of the semester, the employee must submit for reimbursement. Hogan will then reimburse the employee for half of the paid tuition and fees. (Hogan will not reimburse for books, tools, materials, or other expenses such as housing or parking.)
    • Receive a B- or better for a course to be reimbursed.
    • Work full-time for Hogan, averaging at least 30 hours or more each week to qualify. The student does not need to be full-time at school.

    There are many reputable Welding Technology programs in Utah. One program proximate to employees in Utah County is the Mountainland Technical College (MTEC). Another program for employees living in Davis County is the Davis Technical College (DATC). Details on these two programs follow the image, below.


    INTERESTED?

    Contact Jared Morgan, 801-910-7011, to sign up or for more information.

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    MOUNTAINLAND TECHNICAL COLLEGE (MTEC)

    In this program, you will learn about the more than 100 different processes that a welder can use to create the most effective type of weld based on the In the Welding Technology 900-hour certificate program, students receive hands-on safety, welding, and cutting instructions on various metals.

    Instruction includes basic Oxy-Fuel Cutting (OFC), Gas Metal Arc Welding (GMAW), Shielded Metal Arc Welding (SMAW), Flux Cored Arc Welding (FCAW), Gas Tungsten Arc Welding (GTAW), and other thermal and mechanical cutting processes. Students also learn welding process-specific and shop safety practices, essentail print reading, and the proper uses and applications of AWS welding symbols.

    Typically, the duration of the program is 16 months. Since the program is competency-based, some students complete it sooner. Class options are 2:45-5:45 pm or 6:00-9:00 pm. There are campuses are currently in Lehi and Orem with additional campuses coming to Payson and Heber City in 2025.

    To enroll, do the following:

    1. Go to www.mtec.edu.
    2. Click on “Programs.”
    3. Scroll down and click on “Welding Technology.”
    4. Click on “Apply Now.”
    DAVIS TECHNICAL COLLEGE (DATC)

    In the Welding Technology program at the DATC, students will receive hands-on welding and cutting instruction on various ferrous metals. Instruction will include basic Oxy-Fuel Cutting (OFC), Gas Metal Arc Welding (GMAW), Shielded Metal Arc Welding (SMAW), Flux Cored Arc Welding (FCAW), Gas Tungsten Arc Welding (GTAW), and other thermal and mechanical cutting processes. Students will also learn welding process-specific and shop safety practices, essential print Reading, and the proper uses and applications of AWS welding symbols.

    Typically, the duration is:

    • 8 months @ 24hrs./wk.
    • 10 months @ 18hrs./wk.
    • 15 months @ 12hrs./wk.

    The campus is in Kaysville.

    To enroll, do the following:

    1. Go to www.davistech.edu.
    2. Click on “Programs.”
    3. Scroll down and under “Manufacturing,” click on “Welding Technology.”
    4. Click on “Start New Application.” The program fills rather quickly, so check with Amy Loveland at the DATC (801.593.2494) for class availability.
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    It is a privilege to drive a company vehicle. Our vehicles are an important tool, allowing us to transport equipment, supplies, and manpower. Our vehicles are frequently the first interaction anyone has with our company. As such, they are a moving billboard and we want to use them to portray a positive image to the public.

     
     
    1. In addition, we want to get the highest resale value possible when we retire each vehicle. That said, we have established the following standards.
    2.  
       
    3. There is zero tolerance for smoking in any Hogan vehicle. This includes e-cigarettes.
    4.  
       
    5. No upgrades or added equipment on any of the vehicles. This includes, but is not limited to:
      1. Unauthorized tires, rims, 5th-wheel hitches and mounts, air bags, window tint, window rain guards, etc.
      2. All upgrades and installs need to be approved by the fleet manager. Please note – if you need something installed on your assigned vehicle that is required for your job, call Tammy Ingraham (Fleet Manager).
      3. You may be required to remove unauthorized equipment at your personal expense.
       
       
    6. Keep the vehicle clean. Wash the outside often and clean the interior of the vehicle often.
    7.  
       
    8. Minor problems will usually turn into bigger problems if left unchecked. We are obligated to keep the vehicles current on services such as oil changes, alignments, tire rotations, recalls, etc. (maintenance items). When you take your vehicle in for services such as oil changes, alignments, tire rotations, recalls, please present your Fleet Enterprise card. If you need something fixed on your assigned vehicle that is more than just a maintenance item, contact Tammy Ingraham, Hogan’s Fleet Manager.

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    1. PURPOSE:
      1. The purpose of Hogan & Associates Construction’s Fleet Safety Policy is to keep our drivers safe, minimize liability and improve our company’s image. By providing training and the means, it is our goal to avoid injuries and fatalities. It is a privilege to drive a company vehicle, therefore, all Hogan drivers, whether driving company-owned vehicles or driving personal vehicles for Hogan business, are expected and required to follow this policy.

    1. RESPONSIBILITIES & TRAINING
      1. Seatbelts
    1. All drivers and passengers are to use seat belts at all times.
      1. Laws and Regulations
    1. At all times our employees are to operate company vehicles in conformity with the laws of the state in which the vehicle is operated. Violation of laws and regulations are grounds for disciplinary action including possible termination of employment or revoked driving privileges. Any “serious violations” (defined below) while employed for the company, will be grounds for disciplinary action. Hogan & Associates Construction is not responsible to pay for any employee’s moving violations or parking tickets. Any tickets issued are the employee’s responsibility, even if the ticket is issued to employees while conducting business for our company.
      1. Drug and Alcohol Testing
    1. Hogan & Associates Construction conducts drug testing randomly and as post-accident drug tests. Alcohol testing is conducted on a reasonable-suspicion basis. Driving while impaired under the influence of drugs or alcohol or other illegal substances is prohibited and grounds for termination. Hogan & Associates will test for controlled substances and alcohol within 8 hours of the accident.
      1. Handheld Wireless Communication Devices
    1. Use of a mobile phone or other handheld wireless communication device while driving is a common, often harmful distraction. For this reason, Hogan drivers may not use hand-held devices while operating Hogan vehicles or equipment or on company business while operating any vehicle or equipment. If our employees need to place or receive an emergency phone call or other communication (such as a text message or email), they are encouraged to pull off the road to a safe location and stop the vehicle before using their phone. Hand-held devices may include mobile phones, pagers, smart phones, PDAs, tablets, computers, faxes, and other communication devices. Voice activated hands-free devices (speaker phones or headsets) are permitted and will be provided to drivers who have company mobile phones at the company’s discretion upon request. Drivers may be liable for the cost of replacements.
      1. Approved list of drivers
    1. Only those employees on the “approved list” may drive a Hogan Construction vehicles.
      1. Motor Vehicle Report (MVR)
    1. Each driver’s Motor Vehicle Report (MVR) will be reviewed at a minimum of at least once per year.
    2. Employees have the option of using Career Builder Employment screening to access our employees MVRs or they can fill out the hard copy “Request for MVR” form.
      1. Medical Card
    1. Those employees who drive vehicles whose GVWR (Gross Vehicle Weight Rating) or a GCVWR (Gross Combined Vehicle Weight Rating) is over 10,000 lbs., but under 26,001 lbs., require a medical card. Tammy Ingraham, Fleet Manager, will reach out to those employees needing a medical card.
    2. Each driver’s Medical Card (when required) will be reviewed at a minimum of at least once per year.
    3. If driver fails to obtain a Medical Card.
      1. Option A: Put the driver in a ½-ton that does not require a medical card.
      2. Option B: Car allowance with proper insurance.
      1. CDL-A License
    1. Those employees who drive vehicles whose GVWR (Gross Vehicle Weight Rating) or a GCVWR (Gross Combined Vehicle Weight Rating) is over 26,001 lbs., require a CDL-A License.
    2. Each driver’s CDL-A License (when required) will be reviewed at a minimum of at least once per year.
    3. If driver fails to obtain or maintain a CDL where required for legal vehicle use:
      1. Option A
        1. Reduce registered weight to 26,000 lbs. and driver is not allowed to haul trailer with over 10,000 lbs.
        2. Reduce registered weight to 26,000 lbs. and driver is not allowed to haul trailer for company purposes (2020 Chevy 1-ton only).
      2. Option B (2020 Chevy 1-ton only)
        1. Move driver to an older 1-ton or a new ¾-ton with a GVWR under 12,000 lbs.
      3. Option C
        1. Move driver to a ½-ton.
      1. How’s My Driving Stickers
    1. All Hogan licensed vehicles and trailers are required to display a legible “How’s My Driving” type sticker at all times unless exempted by the fleet manager. Complaints received through the program will be tracked in the employee’s file along with the employee’s response, if any. Drivers on the “approved list” are expected and required to follow the fleet policy if a complaint is received. Corrective action is expected. Beginning with the 4th complaint, the employee may be placed on the “Drivers to Watch” list and Hogan may take progressively more serious actions if there is not improvement or if repeat driving complaints continue. Corrective action may include attending a defensive driving course, revoking driving privileges, wage reduction for a period of time, or being placed on the excluded driver list. The oldest complaint may be removed from an employee’s record when the employee has not received a complaint for 12 consecutive months. One additional complaint may be removed for every 6 months the employee continues without complaints. The fleet manager has discretion and may consider other factors when evaluating an employee’s overall driving history and trends.
      1. Drivers on the “approved list” are required to participate yearly in the current driver training program sponsored by the company.
      1. Traveling out of state
    1. Employees who travel out of the State of Utah for personal reasons must get permission from Human Resources prior to leaving the State. Employees who travel out of the State of Utah for business, are not required to get permission from Human Resources.

    1. ENFORCEMENT
    1. Acceptable drivers
    1. As a Fineline driver, this is the optimal category in which to be. Acceptable drivers have good or acceptable driving records and may drive company vehicles or conduct company business driving personal vehicles.
    1. Drivers to watch
    1. As a Fineline driver, this is not an ideal category in which to be. Drivers to watch have less than good MVRs or more than three complaints for similar driving behaviors, tickets or accidents. This is a probationary period and without improvement drivers may lose their driving privilege of company vehicles. Drivers in this category may be required to obtain a quote for additional insurance coverage through their personal insurance carrier.
    1. Excluded drivers
    1. Excluded drivers are not permitted to drive company vehicles and must carry additional insurance coverage through their personal insurance carrier in order to drive in connection with company business. Employees that are in this category have one or more “serious violations” (defined below) in the last three years, or demonstrate an inability or lack of resolve to correct driving problems.

    1. SERIOUS VIOLATIONS
      1. Driving Under the Influence (DUI)
      2. Negligent homicide using a motor vehicle
      3. Driving while license is suspended or revoked
      4. Aggravated assault with a motor vehicle
      5. Operating a motor vehicle without the owner’s authority (grand theft)
      6. Reckless driving
      7. Hit and run (bodily injury or property damage)
      8. Failure to report an accident
      9. Other violations considered serious

    1. ACCIDENT REPORT
      1. If there is an auto accident with one of our employees, employees can access the “Accident Report” in Hogan University. Once the “Accident Report” is complete, the report will be emailed to Jared Morgan and Tammy Ingraham. To access the Accident Report, do the following.
        1. Go to www.hoganconstruction.com
        2. To the right under the employee portal, click on “Hogan University.”
        3. On the right, click on “Library & Forms.”
        4. Under “Forms,” click on “Traffic Accident Report.”

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