Avitus Group

Employee handbookfor

Avitus Group Employees at

Aspen Way Enterprises, Inc.(Aaron’s Sales & Lease Ownership - Washington Employee)

Table of ContentsAbuse / Violence.................................................................................................28Accident or Injury Reporting..............................................................................23Alcohol / Drugs...................................................................................................28Arrests (Reporting of).........................................................................................24Attendance / Absenteeism...................................................................................12At-Will Employment Status..................................................................................4Automatic Deposit...............................................................................................13Background Checks.............................................................................................28Benefits................................................................................................................16Bonuses...............................................................................................................11Bulletin Boards....................................................................................................24Business Vehicle Usage......................................................................................26Cellular and Wireless Communications..............................................................25COBRA...............................................................................................................17Code of Conduct..................................................................................................21Co-Employer Relationship....................................................................................2Company Confidentiality....................................................................................27Computer, Internet and E-mail Usage.................................................................26Conflict of Interest and Outside Employment.....................................................14Customer Confidentiality....................................................................................27Customer Relations.............................................................................................27Death and Bereavement......................................................................................18Discipline / Termination........................................................................................5Employee Benefits..............................................................................................16Employee Handbook.............................................................................................2Employee References..........................................................................................10Employment of Relatives....................................................................................14Employment Policies and Practices......................................................................8Equal Employment Opportunity...........................................................................4Equipment Failure / Damage...............................................................................25Essential Legal Provisions....................................................................................4Exempt Employee.................................................................................................8Family and Medical Leave Act (FMLA)............................................................19Financial Responsibility......................................................................................26Firearms...............................................................................................................25Harassment / Sexual Harassment..........................................................................6Harassment Hotline...............................................................................................6Holidays..............................................................................................................17Hours of Work.......................................................................................................9Housekeeping......................................................................................................24Immigration and Employment Eligibility.............................................................7

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Inactive Status.....................................................................................................19Introduction...........................................................................................................1Introductory Employment Period..........................................................................8Job Duties..............................................................................................................9Jury Duty and Witness Leave..............................................................................18Leaves of Absence..............................................................................................19Meal and Rest Periods...........................................................................................9Military Leave.....................................................................................................19Non-Discrimination in Employment.....................................................................4Non-Exempt Employee.........................................................................................8Operational Considerations.................................................................................24Our Partnership with You.....................................................................................3Overtime..............................................................................................................11Parking................................................................................................................26Pay Period / Pay Day...........................................................................................11Performance Evaluations.....................................................................................12Performance Improvement Procedures and Involuntary Termination................13Personal Information...........................................................................................10Personnel Records...............................................................................................10Problem Resolution...............................................................................................5Problem Resolution Procedure..............................................................................5Prohibited Conduct..............................................................................................21Proprietary and Other Confidential Information.................................................13Reductions in Force.............................................................................................13Regular Employees...............................................................................................8Rehire....................................................................................................................9Reporting an Act of Harassment...........................................................................7Right to Revise......................................................................................................4Safety...................................................................................................................22Sick Leave...........................................................................................................18Solicitation and Distribution of Literature..........................................................25Special Practices of Avitus Group........................................................................3Standards of Conduct..........................................................................................21Tardiness.............................................................................................................12Telephone / Equipment Usage............................................................................25Temporary Employee............................................................................................8The Americans with Disabilities Act (ADA)........................................................7Time Reporting...................................................................................................12Use of Aspen Way Enterprises, Inc. Assets and Resources................................15Use of Company Assets and Resources..............................................................14Vacation / Paid Time Off (PTO).........................................................................17Visitors................................................................................................................24Voluntary Termination........................................................................................15Wage and Salary..................................................................................................11When Avitus Group Terminates Its Relationship with a Business.......................3Work Schedules.....................................................................................................9

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Workplace Relationships.....................................................................................24

INJURY & ILLNESS PREVENTION PROGRAM / EMPLOYEE SAFETY MANUAL

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Introduction

Welcome to the Team! You have just joined a Professional Employer Organization (PEO) that specializes in providing employee services such as payroll, safety, human resources and benefit management. By becoming a part of Avitus Group you have joined millions of other employees across the United States enjoying the benefits of PEO services. We will do our part to make your job as enjoyable as possible.

Avitus Group was established as a Professional Employer Organization in 1996 and is serving employees throughout the United States in providing the modern way to manage employees, payroll and benefits. As a PEO, we partner with businesses to share the responsibilities of being an employer. We refer to this as co-employment.

There are many advantages to you as a result of this co-employment relationship. You can expect accurate payroll, more benefit options, assistance in worksite safety, a professional orientation, an employee handbook, timely and helpful human resource advice, improved employee relations and much more.

This is your Employee Handbook, which we hope you will find useful. Our aim is to make the supervision of employees as easy as possible. The Employee Handbook is intended to help you in this area. It serves as a guide in explaining how we provide you with convenient full-support human resources services.

Upon completion of the application forms provided to you, you will be an employee of Avitus Group for all matters pertaining to payroll, human resources, workers’ compensation insurance and most benefits. Avitus Group will issue your payroll check and you will provide the name Avitus Group on any form or application that asks the name of your employer. Your employment status with Avitus Group and payment of wages are contingent upon Aspen Way Enterprises, Inc. continuing to engage the services of Avitus Group and meeting its financial obligations.

Aspen Way Enterprises, Inc. will retain direction and control over all employee activity necessary to conduct business, including compliance with applicable licensing laws. Avitus Group, in conjunction with Aspen Way Enterprises, Inc., reserves a right of direction and control over employees assigned to the work-site location.

We at Avitus Group look forward to a rewarding relationship with you as you join a growing number of business owners and employees who realize the value of using Avitus Group in a successful business relationship.

Sincerely,

Arthur L. Geiger

Arthur L. GeigerPresidentAvitus Group

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Employee Handbook

The purpose of this Employee Handbook is to provide you with a summary of the rules, regulations and available benefits pertaining to your work assignments and work activity as an employee of Avitus Group, a Better Business Systems, Inc. company at Aspen Way Enterprises, Inc. Please read the contents carefully. This Employee Handbook supersedes any and all previous documents pertaining to rules and regulations at Aspen Way Enterprises, Inc. DBA Aaron’s Sales & Lease Ownership (hereinafter know as Aspen Way Enterprises, Inc.) and Avitus Group. During the course of your employment you will want to refer back to it when you have a question.

This Employee Handbook is further intended to help you feel comfortable in your job and assist you in finding satisfaction in your job performance. Should you have any problem or concern relating to any action or situation affecting your work assignments or work conditions, please feel free to communicate your concerns. The Problem Resolution Procedure presented in this Employee Handbook is for the expressed purpose of helping you find a satisfactory resolution to any and all problems.

This Employee Handbook contains the rules and regulations for your employment relationship with Avitus Group. As Avitus Group serves many different types of companies, there may be situations that require separate conditions of employment and policies. The Employee Handbook is not intended to create any contractual rights in favor of you, Avitus Group or Aspen Way Enterprises, Inc.

The specific rules, regulations and available benefits pertaining to your work assignments and work activity at Aspen Way Enterprises, Inc. are summarized in the Employee Handbook Addendum. Your compensation and duties will be governed by your assigned job position and/or job description.

Avitus Group will help you in any way we can to make your job more rewarding. Please feel free to discuss any questions or ideas with your supervisor or you can call our office and speak to the Human Resources Representative for Avitus Group. You may have other needs with which we may be able to assist you so do not hesitate to contact Avitus Group on our toll-free phone number800-454-2446.

Our office hours are from 7 a.m. – 6 p.m. MST. Our role is similar to that of a Human Resources Department, which provides you with payroll services and benefits.

We hope you find your work satisfying and rewarding. We look forward to a successful business relationship.

Co-Employer Relationship

An agreement between Aspen Way Enterprises, Inc. and Avitus Group establishes Avitus Group as a co-employer of the employees who are assigned to Aspen Way Enterprises, Inc.’s workplace.

Avitus Group provides services to Aspen Way Enterprises, Inc. which include: (a) payroll including preparation and distribution, deposits, federal and state reports, unemployment payments, deposits and reports, year-end W-2’s, IRS audits and inquiries; (b) workers’ compensation including insurance, risk management, safety manual, safety guidance and direction, claims administration and accident investigation; (c) employee management including job descriptions, hiring, discipline, separation, Employee Handbook, supervisors’ procedures guide; and (d) benefit availability including health insurance planning, retirement plan, flexible spending plan and other benefits.

Aspen Way Enterprises, Inc. will continue to manage the worksite and be responsible for your supervision, directing your work, evaluating your performance, setting wages, vacation, etc. In addition, any change regarding your daily job duties or your reporting structure is under control of Aspen Way Enterprises, Inc.’s management.

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Our Partnership with You

Approximately one third of your life is spent at work. Aspen Way Enterprises, Inc. and Avitus Group want to make this time pleasant, productive and profitable. We strive to:

Regard each employee/applicant equally without prejudice or discrimination;

Attempt to reconcile disputes promptly through the problem resolution procedures outlined in this Employee Handbook;

Maintain a high level of awareness and interest in safe working conditions.

Avitus Group is much more than the first place you see when you are hired and the last place you hear from if you leave. We are involved in payroll, benefits and workers’ compensation and we supply the basic function of ensuring that policies and rules are applied equitably to every employee.

Your employment record begins with your job application and is kept in a confidential file at Avitus Group. Performance appraisals, promotions, transfers and other matters that affect you as an employee are performed by your supervisor and recorded at Avitus Group. This important information is available for reference and review upon reasonable notice.

You should list Avitus Group as your employer of record for insurance purposes, workers’ compensation-related injuries, and other instances requiring an employer of record.

Special Practices of Avitus Group

The practices and benefits outlined in this Employee Handbook are of a general nature. Because Avitus Group serves many diverse types of businesses, there may be situations which warrant separate conditions of employment or policies. Consequently, with some businesses and in some states, Avitus Group reserves the right to include procedures or policies that address those particular businesses and their employees.

When Avitus Group Terminates Its Relationship with a Business

Avitus Group may terminate with a business for failure to meet certain obligations or failure to meet financial obligations for services rendered by Avitus Group. In the event this should happen, Avitus Group will not be able to continue to pay or provide benefits to the employees beyond the last day worked with Avitus Group. If you are enrolled in an Avitus Group sponsored health plan it may be possible to continue your health benefits by paying the premium through our COBRA plan. Please see Continuation of Health Coverage under COBRA in the Benefits section of this Employee Handbook.

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Essential Legal Provisions

At-Will Employment Status

Aspen Way Enterprises, Inc. and Avitus Group employees are employed on an at-will basis. Employment at-will may be terminated with or without cause and with or without notice at any time by the employee or Aspen Way Enterprises, Inc. and Avitus Group. Nothing in this Employee Handbook shall limit the right to terminate at-will employment. No manager, supervisor or employee of Avitus Group has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment on other than at-will terms.

Right to Revise

This Employee Handbook contains the employment policies and practices of Aspen Way Enterprises, Inc. and Avitus Group in effect at the time of publication. All previously issued Employee Handbooks and any inconsistent policy statements or memoranda are superseded.

Aspen Way Enterprises, Inc. and Avitus Group reserve the right to revise, modify, delete, or add to any and all policies, procedures, work rules, or benefits stated in this Employee Handbook or in any other document. However, any such changes must be in writing and must be signed by an authorized representative of Avitus Group.

Any written changes to this Employee Handbook will be distributed to all employees so that the employees will be aware of the new policies or procedures. No oral statements or representations can in any way alter the provisions of this Employee Handbook.

Equal Employment Opportunity

Equal Employment Opportunity has been, and will continue to be, a fundamental principle at Avitus Group, where employment is based upon personal capabilities and qualifications without discrimination because of race, color, religion, sex, age, national origin, disability, marital status, or any other protected characteristic as established by law.

This policy of Equal Employment Opportunity applies to all policies and procedures relating to recruitment and hiring, compensation, benefits, termination and all other terms and conditions of employment.

Avitus Group’s Human Resources Department has overall responsibility for this policy and maintains reporting and monitoring procedures. Employee’s questions or concerns should be referred to Avitus Group’s Human Resources Department. Appropriate disciplinary action may be taken against any employee willfully violating this policy.

Non-Discrimination in Employment

Avitus Group complies with federal and state laws regarding non-discrimination in employment. Applicants for employment are considered for employment and employees shall hold their employment without discrimination because of their race, color, religion, national origin, age, sex, disability/handicap, sexual orientation, genetic information or marital status as required by law, except when reasonable business demands so require and law requires such distinction. In no event shall the hiring of any employee be considered as creating a contractual agreement or specified time period of employment.

Avitus Group is committed to compliance with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in the operation of Aspen Way Enterprises, Inc. and Avitus Group and prohibits unlawful discrimination by any employee of Aspen Way Enterprises, Inc. or Avitus Group including supervisors and co-workers.

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Discipline / Termination

Aspen Way Enterprises, Inc. and Avitus Group believe you should be given the opportunity to satisfactorily perform in your job. In the event of failure to perform, you may be disciplined and/or terminated. When an employee is terminated either voluntarily or by the employee or by action of the employer, the wages due will be paid at the end of the established pay period (not the established payday).

You may be disciplined and/or terminated for job-related reasons including a failure to satisfactorily perform job duties, disruption of business operations, failure to comply with employment rules and regulations, conflicts of interest, or any other actions deemed serious and/or other legitimate business reasons, including business changes in the operation of Aspen Way Enterprises, Inc. or Avitus Group.

Problem Resolution

Avitus Group is interested in your ideas and suggestions, as well as your questions, concerns, problems, or grievances. You should feel free to communicate your ideas, suggestions, concerns, problems, or grievances to management.

If you have a grievance, you must follow the procedure contained in this Employee handbook. This procedure is your exclusive remedy for any dispute resolution. You will not be retaliated against for use of the procedure.

Problem Resolution Procedure

If you feel you have a problem or grievance, you must use the following procedure within seven (7) days of the occurrence. Indicate to your immediate supervisor that you are initiating the problem resolution procedure.

This procedure will be concluded within ninety (90) days of the initial report of problem or grievance. The problem resolution procedure will use calendar days for monitoring the time line, failure to respond with in the outlined time line by either party will terminate the process. The procedure must always begin with the first step and continue until resolution is resolved. Skipping steps is not permissible.

Step One: Immediately bring the problem or grievance to the attention of your immediate supervisor and attempt to resolve it informally. Provide your supervisor with facts, dates, times, number of occurrences anything that can assist with a reasonable solution.

Step Two: If you are unable to resolve your problem or grievance informally, present it in writing to your immediate supervisor within ten (10) days of the occurrence. Include in your written response factual information that can be used to resolve the matter. Include dates, times, locations and any other important details. Additionally, include any suggestions for resolution to the problem or grievance. Your supervisor will respond in writing within ten (10) days of receipt of your response.

Step Three: If your problem or grievance is still not resolved to your satisfaction with the conclusion of step two, present it in writing to the Owner or any member of management other than your immediate supervisor within fifteen (15) days. The owner or other member of management will then have fifteen (15) days to review and respond to the matter with a written conclusion.

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Step Four: If your problem or grievance is still not resolved to your satisfaction with the conclusion of step three, within fifteen (15) days, present in writing to the Director of Human Resources your request for a review panel hearing. This panel will consist of five individuals; yourself and a current employee of the business of your choosing, the Director of Human Resources for Avitus Group, or their designee, and two agreed upon business designees. The business designees may include additional employees, supervisors or members of management. A designee cannot be an individual involved in previous steps of this procedure.

This panel will convene within fifteen (15) days of your request to hear the facts of the grievance or problem. The panel will hear facts, consider supporting documentation and issue a final written conclusion to the procedure.

Harassment / Sexual Harassment

Aspen Way Enterprises, Inc. and Avitus Group are committed to providing a work environment free of harassment. All forms of harassment including any degrading work assignment(s), word(s), or action(s) toward an individual or an individual's race, color, religion, sex, sexual orientation, age, national origin and marital status are prohibited.

It is specifically emphasized that sexual harassment in any form is expressly prohibited. Conduct of any kind that is perceived to be sexual harassment by a supervisor or employee will not be tolerated. Sexual harassment conduct includes, but is not limited to: explicitly or implicitly subjecting an employee to sexual advances as a condition of the employee's employment, evaluation, salary, advancement, assigned duties, shifts, or any other condition of employment; sexual flirtations, touching, advances, or proposition; the development of a perceived flirtatious personal relationship between two employees where one employee is in a position to assign or review the work of the other; verbal abuse of a sexual nature; graphic or suggestive comments about an individual's dress or body; sexually degrading words to describe an individual; the display in the work place of sexually suggestive objects or pictures, including nude photographs; and/or any unwelcome conduct which unreasonably interferes with the employee’s job performance or creates a hostile or offensive work environment. Any employee who engages in the conduct of harassment will be subject to discipline and/or termination.

Prohibited unlawful harassment includes, but is not limited to, the following behavior:

Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations or comments;

Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures;

Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race or any other protected basis;

Threats and demands to submit to sexual requests as a condition of continued employment, or to avoid some other loss, and offers of employment benefits in return for sexual favors; and

Retaliation for reporting or threatening to report harassment.

Harassment Hotline

Aspen Way Enterprises, Inc. and Avitus Group have a zero tolerance policy regarding any discriminatory, harassing, or retaliatory conduct in the workplace. Pursuant to that policy, we have subscribed to a telephone reporting/complaint service called the Harassment Hotline so that our

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employees can readily report such acts, including theft and safety matters without fear of retaliation, job loss, or embarrassment.

The Hotline is an unbiased, third party reporting system and satisfies the United States Supreme Court’s position that companies must “…clearly show they provide a simple complaint process that is calculated to encourage victims of harassment to come forward.”

We do not anticipate that our employees will need to use the Harassment Hotline, as we expect and assume that all of our employees will conduct themselves free of harassment. Still, if it is needed, the service is available and allows ANY employee to report any allegation of sexual harassment, discrimination, retaliation, theft, or any safety concern that occurs in the workplace, or any harassment by a third party.

Sexual harassment, discrimination, retaliation and other inappropriate behavior cannot and will not be tolerated under any circumstances. The only way we can stop such behavior in the workplace is bring it out in the open by communication and total employee/employer commitment.

Reporting an Act of Harassment

You are requested and strongly urged to report immediately to your supervisor or an Avitus Group Human Resources Specialist any act of harassment. All complaints of harassment will be treated seriously and employee confidentiality will be respected.

Avitus Group prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action or termination of employment.

For the convenience of our employees, the Hotline can be accessed 24 hours per day, seven days per week. The toll free number is 1-800-97-STOP IT (1-800-977-8674). Avitus Group has a unique identification number, which is 990039. Any employee may call the toll-free telephone number at any time and report harassment, discrimination, retaliation, theft, or any safety concern without fear of retaliation.

Remember that the company management cannot correct any situation that is of concern to you unless it knows about it. In this regard, your cooperation is needed and appreciated.

You also should be aware that the Federal Equal Employment Opportunity Commission and various state agencies investigate and prosecute complaints of prohibited harassment in employment. If you think you have been harassed or that you have been retaliated against for resisting or complaining, you may file a complaint with the appropriate agency.

The Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) requires employers to reasonably accommodate qualified individuals with disabilities. It is the policy of the company to comply with all Federal and state laws concerning the employment of persons with disabilities.

It is Avitus Group policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions and privileges of employment.

Avitus Group will work to reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job.

An individual who can be reasonably accommodated for a job, without undue hardship, will be given the same consideration for that position as any other applicant.

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All employees are required to comply with safety standards. Applicants who pose a direct threat to the health or safety of other individuals in the workplace, which cannot be eliminated by reasonable accommodation, will not be hired. Current employees who pose a direct threat of safety of the other individuals in the workplace will be placed on appropriate leave until an organizational decision has been made in regard to the employee’s immediate employment situation.

Avitus Group Human Resources Department is responsible for implementing this policy, including resolution of reasonable accommodation, safety and undue hardship issues.

Immigration and Employment Eligibility

Aspen Way Enterprises, Inc. and Avitus Group are committed to full compliance with all federal immigration laws. These laws require that all individuals pass an employment verification procedure before they are permitted to work. This procedure has been established by law and requires that every individual provide satisfactory evidence of his or her identity and legal authority to work in the United States no later than three business days after beginning work. Non-compliance may require Avitus Group to terminate the employment relationship.

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Employment Policies and Practices

Regular Employees

Regular employees will be classified as full-time or part-time. Following the completion of the Introductory Employment Period, regular employees may be eligible for employee benefits as defined by the benefit plan document.

Full-Time Employees

Regular full-time employees are those who are scheduled for and do work 38 or more hours per week. Following the completion of the Introductory Employment Period, regular full-time employees may be eligible for employee benefits.

Temporary Employee

A temporary employee is one who is employed full-time or part-time for a specific job assignment with limited duration or during certain periods of time depending upon the demand of work. A temporary employee is not eligible for benefits.

Exempt Employee

An exempt employee is an executive, administrative, professional, computer professional or some outside sales commissioned employee who is exempt from minimum wage or overtime requirements as determined by Federal and State Wage and Hour Laws.

Non-Exempt Employee

Non-Exempt employees receive overtime pay in accordance with Federal and State Wage and Hour Laws.

Introductory Employment Period

When Aspen Way Enterprises, Inc. or Avitus Group hires a new employee, the first one hundred eighty (180) days of employment is a period called Introductory Employment Period. During this time, you are able to learn about your job and your new surroundings.

During this first one hundred eighty (180), your job performance, attendance, attitude and overall interest in your job will be observed by your supervisor. During this period, you may not be eligible for most benefits. Throughout the Introductory Employment Period, Aspen Way Enterprises, Inc. or Avitus Group will be assessing your selection as an employee. Employees who fail to demonstrate the commitment, performance and attitude expected by Aspen Way Enterprises, Inc. or Avitus Group may be terminated at any time during the Introductory Employment Period. However, if you are an “at-will” employee, completion of the Introductory Employment Period does not change or alter the “at-will” employment relationship. We continue to have the right to terminate your employment at any time, with or without cause or notice, and Aspen Way Enterprises, Inc. or Avitus Group have the similar right.

As a result of any excused absence(s) during your Introductory Employment Period, or for other reasons identified by management, Aspen Way Enterprises, Inc. or Avitus Group may choose to extend your Introductory Employment Period as necessary to give you a further opportunity to demonstrate your ability to do the job. If your Introductory Employment Period is extended, you will be notified.

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Rehire

Employees who are separated from employment either voluntarily or involuntarily and then rehired within 30 days of the separation date will be immediately reinstated for allowable benefits and benefit accrual they were previously receiving. All other rehired employees will be classified as a new hire.

Hours of Work

The normal workday hours and work week may vary from employee to employee. Work periods may vary from assignment to assignment and may require overtime. Each non-exempt employee is required to know their work schedule and be in attendance as assigned. Exempt employees are expected to meet the requirements of their job, which may necessitate varied hours of work.

Work Schedules

Your supervisor will assign your individual work schedule. All employees are expected to be at their desks or workstations at the start of their scheduled shifts, ready to work.

Exchanging work schedules with other employees is discouraged. However, if you need to exchange schedules, notify your supervisor, who may authorize an exchange if possible. Work-schedule exchanges will not be approved for the mere convenience of an employee or if the exchange interferes with normal operations or results in excessive overtime.

Job Duties

You will be trained on your job responsibilities and the performance standards expected of you. Be aware that your job responsibilities may change at any time during your employment. From time to time, you may be asked to work on special projects, or to assist with other work necessary or important to the operation of Aspen Way Enterprises, Inc. Your cooperation and assistance in performing such additional work is expected.

Aspen Way Enterprises, Inc. and Avitus Group reserve the right, at any time, with or without notice, to alter or change job responsibilities, reassign or transfer job positions, or assign additional job responsibilities.

Meal and Rest Periods

Nonexempt employees will be allowed a meal period of at least 30 minutes that begins not less than two hours or more than five hours after the beginning of the shift. An employee will not be required to work more than five consecutive hours without a meal period. An employee working three or more hours longer than a normal workday is entitled to a meal period of at least 30 minutes prior to or during the overtime period. If an employee is required to remain “on duty” on the premises or at a prescribed worksite in the interest of the employer during the meal period, the employee will be paid for the meal period. Nonexempt employees will be allowed a rest period of not less than 10 minutes on the employer’s time for each four hours of working time. No employee will be required to work more than three hours without a rest period. Scheduled rest periods will not be required if the nature of the work allow employees to take intermittent rest periods equivalent to 10 minutes for each four hours worked.

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Personal Information

For accurate administration of your wages and benefits, and for compliance with Federal and State regulations, it is necessary that current and accurate personnel records be maintained. This information is also necessary in the event you must be reached for an emergency or available work. If there are changes, or if you observe any errors in your personnel records, please notify your supervisor immediately. Please report any of the following changes as they occur:

Name

Address

Telephone number

Marital status

Number of dependants

Education (courses completed and other training or skills required)

Selective service status

Emergency contact person(s)

Personnel Records

Personnel files are the property of Aspen Way Enterprises, Inc. / Avitus Group. Upon request, Aspen Way Enterprises/ Avitus Group will allow employees to view certain contents of their personnel records in the presence of an Avitus Group representative at a mutually convenient time. No copies of documents in an employee’s file may be made, with the exception of documents that the employee has previously signed. Employees may add comments to any disputed item in the file. No documentation may be removed, altered, or destroyed. Falsification of any personnel information is cause for termination.

Items in the personnel file that may be viewed include documents that relate to the employee’s qualifications for hire, such as the application, promotion, disciplinary action, and transfer.

Items in the personnel file that may not be viewed include: background checks, reference checks, records of any investigation undertaken by management, medical records (including drug and alcohol tests), documents related to a judicial proceeding, any document that would violate the confidentiality of another employee, and documents used for employee planning.

Aspen Way Enterprises, Inc. /Avitus Group will restrict disclosure of your personnel file to authorized individuals within Avitus Group. Any request for information contained in the personnel files must be directed to the office of the Director of Human Resources at Avitus Group. Only the Human Resources Department is authorized to release information about current or former employees. Disclosure of personnel information to outside sources will be limited. Avitus Group will, however, cooperate with requests from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required.

Employee References

All requests for references should be directed to the Human Resources Department at Avitus Group. By policy, Avitus Group discloses only the dates of employment and the last position held. If you authorize the disclosure in writing, Avitus Group also will inform prospective employers of the amount of salary or wage you last earned.

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Wage and Salary

You will receive a rate of pay commensurate with your job position. Consideration for pay adjustments will be at the discretion of your supervisor. Bonuses may also be awarded. Aspen Way Enterprises, Inc. will discuss any particulars with regards to wage and salary on an individual basis as needed.

Pay Period / Pay Day

Aspen Way Enterprises, Inc. observes the following pay period/pay days. Employees will be charged a fee for each requested additional copy of their check stub and W-2. Employees will be charged stop payment fees for lost, stolen or misplaced checks.

If you observe an error on your check, please report it immediately to your supervisor or call Avitus Group at 800-454-2446.

Bi-Weekly Payments

All employees of Aspen Way Enterprises, Inc. are paid every other Friday for work performed during the previous two-week pay period. If a regular payday falls on a holiday, employees will be paid on the next business day.

Overtime

Overtime for Non-Exempt Employees

Non-exempt employees may be required to work overtime as necessary. Only actual hours worked in a given workday or workweek can apply in calculating overtime. All overtime work must be previously authorized by a supervisor. Aspen Way Enterprises, Inc. or Avitus Group provides compensation for all overtime hours worked by non-exempt employees in accordance with state and federal law.

Overtime for Exempt Employees

Exempt employees may have to work hours beyond their normal schedules as work demands require. No overtime compensation will be paid to exempt employees.

Reduced Salary for Exempt Employees

An employee will receive his or her full salary for any week in which an employee does any work, subject to the following rules:

An employee's salary may be reduced for complete days of absence due to sick leave, vacations, and personal leave before sick leave and vacation benefits accrue or after they are exhausted, and incomplete initial and final weeks of work.

This salary pay policy is intended to comply with the salary pay requirements of the Fair Labor Standards Act and shall be construed in accordance with the Act. Employees are encouraged to direct any questions concerning their salary pay to your supervisor so that any inadvertent error can be corrected.

Bonuses

The purpose of Aspen Way Enterprises, Inc. bonus plan is to encourage high employee performance through careful and efficient work performance. There are numerous incentive areas in which an employee can affect their bonus. However, a bonus will be reduced when an employee fails to follow company procedures which result in expense to the company, causes damage to Aspen Way property or merchandise, or damages a customer’s personal property. Employee must work through the last day of the measured timeline to be eligible for the bonus program.

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Time Reporting

All employees are required to enter their time into the Electronic P.O.S. Missed clock in/outs must be reported to your supervisor immediately for corrections to be made. Working “off the clock” is strictly prohibited; you must have your supervisor’s approval to clock in early. The purpose of the Electronic P.O.S. is to keep track of your time for management to compute eligibility and amount of pay and/or evaluation of job specifications and requirements.

Performance Evaluations

Each employee will receive periodic performance reviews conducted by his or her supervisor. Performance evaluations will be conducted semi-annually with Aspen Way Enterprises, Inc. The frequency of performance evaluations may vary depending upon length of service, job position, past performance, changes in job duties, or recurring performance problems.

Your performance evaluations may review factors such as the quality and quantity of the work you perform, your knowledge of the job, your initiative, your work attitude, and your attitude toward others. The performance evaluations are intended to make you aware of your progress, areas for improvement, and objectives or goals for future work performance. Favorable performance evaluations do not guarantee increases in salary or promotions. Salary increases and promotions are solely within the discretion of Aspen Way Enterprises, Inc. and depend upon many factors in addition to performance. After the review, you will be required to sign the evaluation report to acknowledge that it has been presented to you, that you have discussed it with your supervisor, and that you are aware of its contents.

Tardiness

Reporting to work on time is required. "On-time" is defined as being properly dressed, being at your assigned work station and being prepared to begin work at the start of the scheduled work period. Anytime you are absent or late it impacts Aspen Way Enterprises, Inc.’s operation and places an additional burden on your co-workers. Employees are expected to report to work as scheduled, on time and prepared to start work. Employees also are expected to remain at work for their entire work schedule, except for meal periods or when they are required to leave on company business. Late arrival, early departure or other absences from scheduled hours are disruptive and must be avoided.

Attendance / Absenteeism

Regular attendance is required. If you are unable to report for work on any particular day, you must call your supervisor two hours prior to your scheduled shift. In all cases of absences or tardiness, employees must provide their supervisor with an honest reason or explanation. Employees must also inform their supervisor of the expected duration of any late arrival and/or absence. Employees must speak directly with a supervisor, do not leave a message. If the supervisor is not available then the employee must speak to the next person in charge. Under no circumstances may an employee use text messaging as a means of communication, nor may an employee have someone else call in for them unless the employee is unable to speak.

If you are going to be absent for more than one day and are not on an approved leave of absence, you are required to contact your immediate supervisor each day prior to the start of your shift to inform him/her of your status. Additionally, if you are absent due to illness for more than three days, your supervisor may request that you provide a physician’s statement verifying your illness. Excessive absenteeism (excused or not) and/or irregular attendance may be grounds for discipline up to and including termination of employment. Each situation of excessive absenteeism or tardiness shall be evaluated on a case-by-case basis. However, even one unexcused absence may be considered excessive, depending on the circumstance.

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Finally, you will be considered a no call/no show if you fail to notify your supervisor of your absence or lateness two hours after your shift begins and this may be considered a voluntarily resignation or a cause for disciplinary action.

Automatic Deposit

Avitus Group offers automatic payroll deposit. You may begin and stop automatic payroll deposit at any time. To begin automatic payroll deposit, you must complete a form (available from Avitus Group’s Payroll Department) and return it to Payroll at least 10 days before the pay period for which you would like the service to begin. You should carefully monitor your payroll deposit statements for the first two pay periods after the service begins.

To stop automatic payroll deposit, complete the form (available from Avitus Group’s Payroll Department) and return it to Payroll at least 10 days before the pay period for which you would like the service to end. You will receive a regular payroll check on the first pay period after the receipt of the form, provided it is received no later than 10 days before the end of the pay period.

Proprietary and Other Confidential Information

Unless duly authorized, you may not provide information to any outside organization or individual about bids, specifications, financial data or transactions, product features, process details or other matters (including computer-generated information of any nature), where such disclosure involves confidential or proprietary information or might otherwise be contrary to the best interests of the employer. Any such disclosure will result disciplinary action up to and including termination.

Aspen Way Enterprises, Inc. may require certain employees to sign a Non-Disclosure Agreement or other similar documents as a condition of employment. Your supervisor will advise which employees are required to sign any Agreement or document. Refusal to sign may result in termination of employment.

Reductions in Force

Under some circumstances, Aspen Way Enterprises, Inc. may need to restructure or reduce its workforce. If restructuring our operations or reducing the number of employees becomes necessary, Aspen Way Enterprises, Inc. and Avitus Group will attempt to provide advance notice, if possible, to help prepare affected individuals. If possible, employees subject to layoff will be informed of the nature of the layoff and the foreseeable duration of the layoff, whether short-term or indefinite.

In determining which employees will be subject to layoff, Aspen Way Enterprises, Inc. and Avitus Group will take into account, among other things, operation and requirements, the skill, productivity, ability, and past performance of those involved, and also, when feasible, the employee’s length of service.

Performance Improvement Procedures and Involuntary Termination

Violation of Aspen Way Enterprises, Inc. or Avitus Group policies and rules can warrant disciplinary action. Aspen Way Enterprises, Inc. or Avitus Group establishes a system of performance improvement procedures that includes verbal warnings, written warnings, and suspension. Aspen Way Enterprises, Inc. or Avitus Group may, in its sole discretion, utilize whatever form of discipline it deems appropriate under the circumstances, up to and including, termination of employment. These performance improvement procedures will in no way alter the at-will employment relationship.

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Use of Company Assets and Resources

You may not engage in activities during work time, or use or cause to be used, employer facilities, equipment (including any computer resources), materials or supplies for your personal convenience or profit; nor may you take advantage in this manner of outside individuals or organizations doing business, or seeking business, with your employer unless you have written permission from Aspen Way Enterprises, Inc. Employer resources also may not be utilized for non-profit organizations such as trade professional associations without appropriate management approval.

Conflict of Interest and Outside Employment

Due to the nature of the business and the professional liability that may accrue, you must give your primary attention to your assigned job position. You are not be permitted to work, own or acquire, directly or indirectly, a substantial beneficial interest in any concern you have reason to believe may supply goods or services to, or purchases from, or compete at any other job or in any other business during your employment if there are business dealings that appear to create a conflict between the interests of an employer and an employee it will be deemed unacceptable.

While employed by Aspen Way Enterprises, Inc., employees are expected to devote their energies to their jobs with Aspen Way Enterprises, Inc. The following types of employment elsewhere are strictly prohibited:

Additional employment that conflicts with an employee’s work schedule, duties, and responsibilities at Aspen Way Enterprises, Inc.;

Additional employment that creates a conflict of interest or is incompatible with the employee's position with Aspen Way Enterprises, Inc.;

Additional employment that impairs or has a detrimental effect on the employee’s work performance with Aspen Way Enterprises, Inc.;

Additional employment that requires the employee to conduct work or related activities on Aspen Way Enterprises, Inc.’s property during the employer's working hours or using Aspen Way Enterprises, Inc.’s facilities and/or equipment; and

Additional employment that directly or indirectly competes with the business or the interests of Aspen Way Enterprises, Inc.

Employees who wish to engage in additional employment that may create a real or apparent conflict of interest must submit a written request to Aspen Way Enterprises, Inc. explaining the details of the additional employment. If the additional employment is authorized, Aspen Way Enterprises, Inc. assumes no responsibility for it. Aspen Way Enterprises, Inc. shall not provide workers’ compensation coverage or any other benefit for injuries occurring from or arising out of additional employment. Authorization to engage in additional employment can be revoked at any time.

Employment of Relatives

Relatives of employees will be eligible for employment with Aspen Way Enterprises, Inc. only if individuals involved do not work in a direct supervisory relationship, or in job positions in which a conflict of interest could arise. Aspen Way Enterprises, Inc. defines “relatives” as spouses, children, siblings, parents, in-laws, and step-relatives. Present employees who marry will be permitted to continue working in the job position held only if they do not work in a direct supervisory relationship with one another or in job positions involving conflict of interest.

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Aspen Way Enterprises, Inc. reserves the right to modify the Employment of Relatives as it sees fit.

Voluntary Termination

Voluntary termination results when an employee voluntarily resigns his or her employment, or fails to report to work for two consecutively scheduled workdays without notice to, or approval by, his or her supervisor. All Aspen Way Enterprises, Inc. and/or Avitus Group -owned property, including vehicles, keys, uniforms, identification badges, and credit cards, must be returned immediately upon termination of employment.

If you find it necessary to resign, we respectfully request that you give advance notice in writing to your on-site supervisor indicating the last day that you will be working. A two-week notice is appreciated. If you resign without notice, you may forfeit your eligibility to be rehired.

Use of Aspen Way Enterprises, Inc. Assets and Resources

Employees are prohibited from remaining on company premises or making use of company facilities while not on duty. Employees are expressly prohibited from using company facilities, company property, or company equipment for personal use.

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Employee Benefits

Benefits

Various employee benefits may be available to you. Eligibility is dependent upon length of service, job classification, rate of pay, and hours worked. More detailed information regarding many of these benefits is contained in plan booklets, group insurance policies, and Avitus Group’s official plan documents. While provisions of this section provide a general overview of Avitus Group’s benefits, the handbook does not describe all the exclusions, limitations or conditions of the benefit programs described in this section. If there is any real or apparent conflict between the official plan documents, and this handbook or any plan summary, the provisions of the official plan documents will control over these brief summaries.

Nothing contained in the benefits plans described herein shall be held or construed to create a promise of employment or future benefits, or a binding contract between Avitus Group and it’s employees, retirees or their dependents, for benefits or for any other purpose. All employees shall remain subject to discharge or discipline to the same extent as if these plans had not been put into effect.

Avitus Group reserves the right, in its sole and absolute discretion, to amend, modify or terminate, in whole or in part, any or all of these provisions of the benefit plans described herein, including health benefits that may be extended to retirees and their dependents. Further, Avitus Group reserves the exclusive right, power and authority, in its sole and absolute discretion, to administer, apply and interpret the benefit plans described herein, and to decide all matters arising in connection with the operation or administration of such plans.

Employees are encouraged to review the official plan documents for further information. You will receive information on the available plans prior to your eligibility for enrollment. Please contact the Benefits Department at Avitus Group if you have any further questions.

The following benefits are presently available from Aspen Way Enterprises, Inc. /Avitus Group:

Health Benefits

Health Insurance is available to all full time employees at the first of the month following the insurance carrier’s eligibility waiting period of 180 days. Upon completion of six months of employment Aspen Way Enterprises, Inc will provide a contribution toward all full-time employees’ monthly insurance premium coverage. (See Avitus Group for details) The contribution may be used only towards the Principal Life group health insurance plan

Unemployment and Industrial Accident Insurance is provided by Avitus Group and covers all employees. If you are injured on the job you MUST report such injury and/or accident to your supervisor immediately. Failure to immediately report an injury could cause a claim to be disallowed.

Dental Benefits

Vision Benefits

401 (k) Retirement Account

Additional information and literature will be provided under separate cover by Aspen Way Enterprises, Inc. or Avitus Group or the company providing the benefits. Please ask your supervisor or contact the Benefits Department at Avitus Group if you have specific questions related to benefits or need particular information regarding a benefit.

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COBRA

Eligible employees, spouses and/or dependents are entitled to continue their health benefits after termination of employment, except in cases of termination for gross misconduct, for a period of up to three years depending on qualifying events. The plan administrator will notify qualified participants of their right to continue coverage, including cost. See your plan booklet for details.

Employees electing COBRA coverage are responsible for paying the cost of the extended health care coverage. The purchase price of continuing coverage is the full cost of the premium, plus two percent to help pay for administrative fees as permitted by law.

Personal Time Off (PTO)

After completion of one (1) year of employment; full-time employees will be eligible for PTO as follows:

Upon completing year one (1)................................Forty (40) hours

Upon completing year two (2)................................Eighty (80) hours

Upon completing year five (5)................................One Hundred Twenty (120) hours

Employees are not eligible to use PTO time until completion of the full year of service. Accordingly, if the employee is terminated or voluntarily terminates prior to completion of the full year, they will not be eligible for paid compensation for accrued PTO time. Finally, employees that are terminated for cause or resign without working and fulfilling a required two week notice period will not be eligible for paid PTO. PTO is given as a benefit to the employee and cannot be converted to cash during the period of employment.

Employees are required to submit to their supervisor, with a copy to the corporate office of Aspen Way Enterprises, Inc. a notice of intent to use PTO time at least thirty (30) days prior to the first date of such usage. PTO must be approved by management and should be scheduled as soon as possible in the calendar year.

Employees will continue to accrue PTO to the annual maximum amount of hours. Once the annual maximum has been reached, no further PTO will accrue. Overtime hours will not be included in the accruals. Balances below the annual maximum amount continue to accrue until the maximum is reached.

Exempt employees must take PTO in four hour increments.

Holidays

After the completion of the provisional period, full-time employees will receive five (5) paid holidays each year: New Years Day, Thanksgiving Day, Christmas Day and two others designated annually by Aspen Way Enterprises, Inc. Additional paid days off may be granted at the discretion of Aspen Way Enterprises, Inc. To be eligible for holiday pay, you must work or be on approved leave on the workday preceding and following the holiday.

When a holiday falls on a Saturday or Sunday, it is usually observed on the preceding Friday or the following Monday, however, Aspen Way Enterprises, Inc. may close on another day or grant compensating time off instead of closing. Holiday observance will be announced in advance. Part-time employees are not eligible for holiday pay.

To be eligible for holiday pay, you must be regularly scheduled to work on the day on which the holiday is observed and must work your regularly scheduled working days immediately preceding and immediately following the holiday, unless an absence on either day is approved in advance by

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your supervisor. If you are required to work on a paid scheduled holiday, you will receive straight time.

Jury Duty and Witness Leave

Aspen Way Enterprises, Inc. or Avitus Group encourages employees to accept civic responsibility and serve on jury duty when called. A leave of absence will be granted when you are called to jury duty or subpoenaed as a witness. Employees will receive un-paid time off as necessary to fulfill jury service. You may be requested to provide written verification from the court clerk of performance of jury service or witness subpoena. If jury duty is cancelled or if you are released from court before 2:00 pm, you are expected to return to work. If you do not return to work, the absence will be considered unexcused and disciplinary action may take place.

Death and Bereavement

When a death occurs in your immediate family, you are entitled to up to three (3) consecutive workdays off with pay. Your immediate family includes spouse, parent (including foster), step and or guardian, child (including foster or step), brother or sister (including step), grandparent, great grandparent, grandchildren, great grandchildren, father-in-law or mother-in-law.

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Leaves of Absence

Leaves of Absence

Leaves of Absence may be granted for reasons of bona fide illness or for other reasons mutually agreed upon with your employer. Leaves must be requested in writing and shall state the reason for the leave and the dates desired. Benefit contributions and benefit accruals may be suspended during leaves. Upon expiration of the leave, or upon notification to your employer of your intent to return, you will be returned to the next available job opening in your classification. If you do not report upon the expiration of the leave, or any extension authorized by your employer, you may be considered as having voluntarily given your resignation.

State law shall govern a maternity leave of absence.

Inactive Status

Employees, who are on any type of leave of absence, work-related or non-work-related, will be placed on inactive status. During the time the employee is on inactive status, benefits such as PTO, vacation, or sick leave will not be earned.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 work weeks of unpaid leave for certain family and medical reasons during a 12-month period. Avitus Group has chosen the 12-month period measured forward from the date an employee’s first FMLA leave begins as the method for determining the period of FMLA protection. During this leave an eligible employee is entitled to continued group health plan coverage as if the employee had continued to work. At the conclusion of the leave, subject to some exceptions, an employee generally has a right to return to the same or to an equivalent position.

An employee should request FMLA leave by completing the Employee’s Request for Leave form supplied by your supervisor or Avitus Group’s Human Resources Department.

FMLA leave or return to work may be delayed or denied if the appropriate documentation is not provided in a timely manner. Also, a failure to provide requested documentation of the reason for an absence from work may lead to termination of employment.

Family leave is governed by Federal law and certain State laws and may require 30-day advance notice.

Please consult Avitus Group’s Human Resources Department for a more detailed description of the FMLA and the acceptable qualifying events.

Military Leave

An employee who is a member of the United States Armed Forces, National Guard, Reserves or Public Health Service may be granted a leave of absence for military service, training or related obligations in accordance with applicable law. At the conclusion of the leave, upon the satisfaction of certain conditions, an employee generally has the right to return to the same position he or she held prior to the leave or to a position with like seniority, status and pay that the employee is qualified to perform.

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During military leave of less than 31 days, an employee is entitled to continued group health plan coverage under the same conditions as if the employee had continued to work. For military leaves of more than 30 days, an employee may elect to continue his or her health plan coverage for up to 18 months of uniformed service but may be required to pay all or part of the premium for the continued coverage.

Upon receipt of orders for active or reserve duty, an employee should notify his or her supervisor, as well as Human Resources, as soon as possible and submit a copy of the military orders to his or her supervisor and Avitus Group’s Human Resources Department.

Upon return from military service, an employee must provide notice of or submit an application for reemployment to Avitus Group’s Human Resources Department.

Some states may provide greater protection for employees serving in the military than the Federal law, USERRA. Please contact Avitus Group’s Human Resources Department regarding this law.

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Standards of Conduct

Code of Conduct

You should always be mindful of the position of your employer in the community. Good reputation and success requires continuing adherence to high standards.

Language: All employees are required to refrain from using slang, profanity and/or offensive remarks concerning age, sex, race, religion, marital status, disability, national origin and sexual orientation.

Attire: Each employee reflects the image of Aspen Way Enterprises, Inc. and is required to wear suitable attire. The dress code applies to management, assistants, and representatives.

Jeans, tennis shoes and open-toed shoes are not permitted. Slacks, shirts and blouses should be in good repair, with no tears, holes or frayed edges. Discipline and/or termination will result if employees refuse to follow this requirement.

Management/store personnel attire is:

o Males will wear slacks and a shirt with the Aaron’s logo, or a shirt and tie.

o Females will wear blouses, slacks, skirts or dresses (“knee” length).

Product Technicians will wear a collared shirt that displays the Aaron’s logo and khaki-type work slacks.

o During the summer months “knee” length shorts are permitted for the Product Technicians.

Hygiene: All employees must maintain personal grooming habits that reflect a presentable image for themselves and Aspen Way Enterprises, Inc.

Behavior: All employees are required to refrain from fighting, threats of violence or physical assault (whether serious or playful) on or with a customer or co-worker.

Smoking: Smoking is not permitted on Aspen Way Enterprises, Inc. premises, or in any Aspen Way Enterprises, Inc. vehicle or while in contact with customers.

Smokeless Tobacco: Smokeless tobacco is not permitted on Aspen Way Enterprises, Inc. premises, or in any Aspen Way Enterprises, Inc. vehicle or while in contact with customers.

Prohibited Conduct

The following conduct is prohibited and will not be tolerated by Aspen Way Enterprises, Inc. and Avitus Group. This list of prohibited conduct is illustrative only; other types of conduct that threaten security, personal safety, employee welfare, or Aspen Way Enterprises, Inc.’s and/or Avitus Group’ operations also may be prohibited. Violation of this policy or any other policy stated in this Handbook may be grounds for disciplinary action up to and including termination.

Falsifying employment records, employment information or other company records;

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Recording the work time of another employee or allowing any other employee to record your work time, or falsifying any time card, either your own or another employee’s;

Theft and deliberate or careless damage or destruction of any company property or the property of any employee or customer;

Removing or borrowing company property without prior authorization;

Unauthorized use of company equipment, time, materials or facilities;

Provoking a fight or fighting during working hours or on company property;

Participating in horseplay or practical jokes on company time or on company premises;

Carrying firearms or any other dangerous weapons on company premises at any time;

Engaging in criminal conduct whether or not related to job performance;

Causing, creating or participating in a disruption of any kind during working hours on company property;

Insubordination, including but not limited to, failure or refusal to obey the orders or instructions of a supervisor or member of management or the use of abusive or threatening language toward a supervisor or member of management;

Using abusive language at any time on company premises;

Failing to notify a supervisor when unable to report to work;

Failing to obtain permission to leave work for any reason during normal working hours;

Failing to observe working schedules, including rest and lunch periods;

Failing to provide a physician’s certificate when requested or required to do so;

Sleeping or malingering on the job;

Excessive making or accepting personal telephone calls during working hours, except in cases of emergency;

Working overtime without authorization or refusing to work assigned overtime;

Wearing disturbing, unprofessional or inappropriate styles of dress or hair while working;

Violating any safety, health, security or Aspen Way Enterprises, Inc./Avitus Group policy, rule, or procedure;

Committing a fraudulent act or a breach of trust under any circumstances; and

Committing of or involvement in any act of unlawful harassment of another individual.

Safety

Employee safety is a primary concern of Avitus Group and your employer. As a condition of employment all employees are expected to work safely at all times and to follow all OSHA rules and the guidelines described in the Avitus Group and Aspen Way Enterprises, Inc.’s "Safety Manual". Additional copies may be obtained on request from Avitus Group. Any violation of the safety rules and/or general safe working practices, as set forth in the safety manual, is grounds for disciplinary action up to and including termination of employment.

These rules include but are not limited to:

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Report all unsafe conditions on the job to your supervisor.

Damaged or unsafe equipment should not be used, and must be reported to your supervisor.

All wet or slippery floor conditions in the buildings in use by the public or employees must be posted with appropriate signs. Spills should be cleaned up immediately.

Never mix cleaning chemicals except as directed by the label, or your supervisor.

All chemicals must be in their original labeled container. If any labels have been removed notify your supervisor.

All locations must have Material Safety Data Sheets (MSDS) for each chemical in use at that location. You are required to be knowledgeable in their use in case of any possible health hazards and/or any emergency first aid procedures to follow. If the location is missing any MSDS Sheets notify your supervisor who will obtain replacement copies.

Accident or Injury Reporting

If you are injured on the job, or involved in an accident involving Aspen Way Enterprises, Inc.’s equipment, you MUST REPORT THE ACCIDENT IMMEDIATELY (on the same work shift) to be in compliance with the policies/procedures as set forth in the Avitus Group Safety Manual.

Proper injury reporting includes a supervisor or employee completing the “Employee Injury Report” and the injured employee completing the WORKERS COMPENSATION “FIRST REPORT OF INJURY”. Supervisors are to assist the employee in properly completing and mailing of all forms. Both forms can be found in the Supervisor’s Guide provided by Avitus Group. These forms must be mailed to Avitus Group in the next outgoing mail. Failure to complete the proper forms on time may jeopardize workers’ compensation insurance benefits and may result in injury expenses not being covered by insurance.

Avitus Group Safety and Risk Management Department and Avitus Group workers’ compensation insurance carrier will investigate accidents/injuries for legitimacy and cause. This enables Avitus Group to eliminate fraudulent claims and to prevent future accidents and injuries.

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Operational Considerations

Housekeeping

You are responsible for good housekeeping practices and for keeping your assigned work area clean. Good housekeeping is essential to a safe, clean and pleasant work atmosphere and includes proper disposal of trash or waste materials.

Arrests (Reporting of)

All arrests or summons for legal violations while on company business and/or while operating company equipment must be reported immediately to your supervisor.

Bulletin Boards

Bulletin boards may be used to provide various types of information that pertain directly to you and your job, including benefits, work schedules, business information and special notices. It is your responsibility to read the information that may be posted. Certain information changes frequently and you should check the bulletin board on a routine basis.

Only authorized personnel may be permitted to approve the posting and/or removal of notices and information. The posting or removal of information by anyone other than authorized personnel is not permitted.

Visitors

On occasion visitors may be required to visit an employee. Visitation is to take place in the break room, reception area, individual office of the person receiving the visitor or other area so designated by your supervisor. Excessive interruptions by visitors may be grounds for disciplinary action including termination. Visitors are not allowed on job sites due to liability and safety considerations. Employees are asked to consult with the job site supervisor in the event an emergency necessitates a visit.

Workplace Relationships

Avitus Group and Aspen Way Enterprises, Inc. desires to avoid misunderstandings, actual or potential conflicts of interest, complaints of favoritism or possible claims of sexual harassment that can potentially result from personal romantic relationships involving employees. Accordingly, all employees and management are prohibited from fraternizing or becoming romantically involved with other employees when, in the opinion of Avitus Group/ Aspen Way Enterprises, Inc. their personal relationship may create a conflict of interest, cause disruption, create a negative or unprofessional work environment or present concerns regarding supervision, safety, security or morale.

Any employee involved with a supervisor or fellow employee should immediately and fully disclose the relevant circumstances to Human Resources, so that a determination can be made as to whether the relationship violated this policy. Avitus Group may take appropriate action according to the circumstances, up to and including transfer to another shift, position or discharge. Failure to disclose facts may lead to disciplinary action, up to and including termination.

All employees should also remember that Avitus Group/Aspen Way Enterprises, Inc. maintain a strict policy against unlawful harassment of any kind, including sexual harassment. Avitus Group will vigorously enforce this policy consistent with all applicable federal, state and local laws.

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Equipment Failure / Damage

Damage or needed repair of Aspen Way Enterprises, Inc.’s equipment must be reported immediately to your supervisor. Violation of this requirement is cause for disciplinary action.

Telephone / Equipment Usage

The telephone and other company equipment are furnished for the operation of the business. Telephone use for personal calls shall be kept to a minimum. No personal long distance calls are to be made and charged to the company unless authorized by your supervisor. No personal use of other company equipment is permitted without prior approval by management.

Cellular and Wireless Communications

You may be required to operate a cellular or other wireless communication device while performing job duties. In order to maintain employee productivity, Aspen Way Enterprises, Inc. may issue certain employees a cellular phone so they can stay in contact with the Company and co-workers while they are out of the office on business.

Avitus Group encourages all employees to remember safety when using their cellular phones for business purposes. Employees who engage in brief conversations while driving should pull over and stop while conversing. If a call is going to be intense or if traffic/weather conditions are poor, employees should park their vehicles before using their phones. All city, county and State cell phone rules must be observed when operating a cell phone in an Aspen Way Inc. vehicle.

All employees who are driving on business are expected to conduct themselves in a safe and legal manner, obeying posted speed limits and avoiding note taking while driving.

Firearms

Possession of firearms, handguns, or any related items or materials while performing job duties or while on employer’s premises is prohibited unless directed by Aspen Way Enterprises, Inc. Violation of this policy may lead to suspension or termination.

Solicitation and Distribution of Literature

In order to ensure efficient operation of Aspen Way Enterprises, Inc.’s business and to prevent disruption to employees, we have established control of solicitations and distribution of literature on company property. Aspen Way Enterprises, Inc. has enacted rules applicable to all employees governing solicitation, distribution of written material, and entry onto the premises and work areas. All employees are expected to comply strictly with these rules. Any employee who is in doubt concerning the application of these rules should consult with his or her supervisor.

No employee shall solicit or promote support for any cause or organization during his or her working time, or during the working time of the employee or employees at whom such activity is directed.

No employee shall distribute or circulate any written or printed material in work areas at any time, or during his or her working time or during the working time of the employee or employees at whom such activity is directed.

Under no circumstances will non-employees be permitted to solicit or to distribute written material for any purpose on company property.

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Financial Responsibility

You will be held financially responsible for any breakage or damage you may cause Aspen Way Enterprises, Inc.’s property or equipment if proven willful through negligence or disregard for the property of your employer.

Computer, Internet and E-mail Usage

Computers, computer files, internet access, the E-mail system and software furnished for employee use are the property of Aspen Way Enterprises, Inc. and intended for business use only. Employees are not to use a password, access a file, or retrieve any stored communication without authorization. To insure compliance with this policy, computer and E-mail usage may be monitored.

Aspen Way Enterprises, Inc. strives to maintain a workplace free of harassment and therefore prohibits the use of computers and E-mail in ways that are disruptive, offensive to others, or harmful to morale. The display or transmission of sexually explicit images, messages, and cartoons is not permitted. Other such misuse includes, but is not limited to, ethnic slurs, racial comments, off-color jokes or anything that may be construed as harassment or disrespect for others.

The Internet and E-mail may not be used for solicitation of commercial ventures, religious or political causes or other non-business matters.

Aspen Way Enterprises, Inc. may purchase and licenses the use of various computer software for business purposes and may not own the copyright to the software or its related documentation. Employees may be required to only use the software on approved area networks or on multiple machines according to the license agreement. Illegal duplication of software and related documentation is prohibited unless authorized by management. Development of Aspen Way Enterprises, Inc.’s proprietary software remains the property of Aspen Way Enterprises, Inc.

Employees are required to notify their immediate supervisor or any member of management upon learning of violations of this policy. Violation of this policy may be grounds for discipline and/or termination.

Parking

Parking on Aspen Way Enterprises, Inc.’s premises is restricted to certain designated areas. Violators will be towed at their own expense.

Business Vehicle Usage

Employees operating motor vehicles on behalf of Aspen Way Enterprises, Inc. are held responsible for the knowledge and compliance with city, county, state, and federal laws. Below is a guideline relating to the use of company owned or leased automobiles;

1. No un-authorized passengers are allowed in Aspen Way Enterprises, Inc. owned vehicles without prior consent of the management.

2. Employees using Aspen Way Enterprises, Inc. motor vehicles for personal use must do so on non-working hours, with the consent of management.

3. Any traffic violation incurred by an employee will be the sole responsibility of that employee and not subject to reimbursement. All traffic violations must be reported to their supervisor upon return to the office. Employees may be subject to safety training courses or, in the case of repetitive violations, subject to disciplinary action.

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4. In case of an accident, the employee must notify the proper law enforcement authorities immediately and then notify their immediate supervisor or director of HR within 24 hours to report the accident and to determine what actions need to be taken.

5. Cellular phones can be a serious distraction while driving. Employees are prohibited from using cellular phones while driving company delivery vehicles. If a call needs to be made, the driver must pull over.

6. All employees must present a current, valid state driver’s license and an acceptable driving record before they are authorized to use a business vehicle. Employees must obtain any specific, state-required permits or licenses necessary to operate Company owned or leased vehicles. Any change in license status or driving record must be reported to management immediately.

7. In the event that the license status or driving record of any employee whose job responsibilities include driving becomes unacceptable to management or the Company’s insurance carrier, the employee may be restricted from driving, reassigned, suspended, or terminated at management’s discretion.

8. Any employee involved in a DUI/DWI or other serious offense while off work must report such incident to their supervisor immediately.

Customer Confidentiality

Employees may not be permitted to discuss or otherwise divulge any information concerning the business affairs of any customer of the company. Any action or expression by an employee considered objectionable by customers, prospective customers or your supervisor may be cause for disciplinary action including termination.

Customer Relations

To preserve and foster the public's trust and confidence in Avitus Group and Aspen Way Enterprises, Inc., it is imperative that all employees act with complete honesty and fairness. Employees are expected to be knowledgeable about their job and applicable laws and regulations pertaining to their job. Whenever you have a question relating to applicable laws or regulations, you should seek out appropriate advice before acting.

In dealing with the public, employees are expected to exercise good judgment and common sense. Commitments to others should be made only if such commitments can realistically be met. In this regard, the products and services of Avitus Group and Aspen Way Enterprises, Inc. should be presented accurately and fairly.

If you should become aware of actual or potential problems in any area of the business of Avitus Group or Aspen Way Enterprises, Inc., you are expected to inform your supervisor immediately. If you are aware of improvements to policies, procedures, products and/or possible business opportunities that will contribute to customer satisfaction and enhance Avitus Group and Aspen Way Enterprises, Inc., you are urged to bring those improvements to the attention of your supervisor.

Company Confidentiality

You may have access to records and/or other information about your employer and/or other workers. This includes proprietary information, operation procedures, trade secrets, and intellectual property. You are not to discuss this information with anyone else without proper authority.

Anything your employer does to design, produce and market its products that competitors cannot or do not do is treated as proprietary information, often called trade secrets. Any information that would damage the business of the company, if it became public knowledge or was disclosed to a

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competitor, is considered a trade secret. This includes, but is not limited to, information on production, service, sales, or financial matters.

You are not to discuss proprietary information with any person from outside your company or with other employees in any public place where it is possible to be overheard. Should you leave your employer for any reason, the obligation not to disclose proprietary information will continue.

Abuse / Violence

Avitus Group mandates a “zero tolerance for violence”. It is specifically emphasized that violent acts or incidents in any form are expressly prohibited. Each employee has a responsibility to help prevent violence by reporting what they see in the workplace that could be interpreted as a violent or abusive act or incident. A violent act or incident is defined as, “any action of behavior that can be viewed as ill-treatment or abuse towards another.” A violent act includes physically harming another, shouting, shoving, pushing, harassment, intimidation, coercion, brandishing weapons and physical or verbal threats.

Prompt and accurate reporting of all violent acts or incidents, whether or not physical injury has occurred, is required. Any person witnessing a violent act or incident is responsible for immediately reporting the act or incident their supervisor. Any violent act by an employee will result in immediate discipline and/or termination.

Background Checks

All positions will require successful completion of a background investigation as a condition of employment. Please see your supervisor for requirements.

Alcohol / Drugs

PURPOSE

The purpose of this policy is to assure worker fitness for duty and to protect employees, customers and the public from the risks posed by employee use of alcohol and controlled substances. The Federal Highway Administration (FHWA) of the U.S. Department of Transportation has enacted 49 CFR Part 382 which mandates urine controlled substance testing and breathalyzer alcohol testing for commercial vehicle operators and prevents performance of safety-sensitive functions when there is a positive test result as defined in the policy.

The U.S. Department of Transportation (DOT) has also enacted 49 CFR Part 40, as amended, that sets standards for the collection and testing of urine and breath specimens. The Montana Labor Code, Title 39, MCA, “Workforce Drug and Alcohol Testing Act” effective 10/15/97 allows for the additional testing of all employees provided 49 CFR Part 40 rule apply.

POLICY

Personal use, sale, purchase, transfer, manufacture, distribution or possession of alcohol or any illegal drug while performing job duties, while on Aspen Way Enterprises, Inc. grounds or in an Aspen Way Enterprises, Inc. vehicle is prohibited. The presence, in any detectable amount, of alcohol or any illegal drug while performing job duties or while on Aspen Way Enterprises, Inc. premises or in a Aspen Way Enterprises, Inc. vehicle is prohibited. Violation of this regulation is cause for discipline including termination.

This policy applies to all employees and includes any leased contractor who operates a commercial motor vehicle in interstate or intrastate commerce and is subject to the commercial driver's license requirements. It further applies to employees who are defined as performing Safety-Sensitive Functions in the Safety-Sensitive Function paragraph of this policy. Pursuant to Montana's "Work Force Drug & Alcohol Testing Act", all employees must comply with this policy.

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SAFETY-SENSITIVE FUNCTION

As defined in Montana's "Work Force Drug & Alcohol Testing Act", this includes employees who engage in the performance, supervision, or management of work in a hazardous work environment, security position, position affecting public safety or fiduciary position. A safety-sensitive function is defined in 49 CFR Part 382.107 as any of those on duty functions that are set forth in 49 CFR, Part 395.2 On-Duty Time, paragraphs (1) through (6).

TESTING REQUIREMENTS

A urinalysis or other drug/alcohol test may be required where circumstances or work place conditions justify it and in conformance with applicable state law. Your consent to submit to such a test is required as a condition of employment. Pre-employment testing is mandated for all persons who operate a commercial motor vehicle on behalf of Aspen Way Enterprises, Inc.

TESTING PROCEDURES AND CONFIDENTIALITY

Aspen Way Enterprises, Inc. affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. Information obtained through testing that is unrelated to the use of a controlled substance or alcohol will be held in strict confidentiality by the medical review officer and may not be released to the employer.

Analytical urine drug testing and breath testing for alcohol may be conducted as required by Federal and State regulations. All applicable employees shall be subject to testing prior to employment, randomly (unannounced basis) for reasonable suspicions and following a commercial motor vehicle accident. Employees will be tested prior to and after returning to duty following a positive drug or alcohol test.

Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved by the U.S. Department of Health and Human Services (DHHS). All collection and testing will be conducted consistent with the procedures put forth in 49 CFR Part 40.

The urine sample will be tested for marijuana, cocaine, opiates, amphetamines, and phencyclidine. An initial drug screen will be conducted on each specimen. For those specimens that are not negative, a confirmatory gas Chromatography/Mass Spectrometry (GC/ms) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40.

Tests for alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved evidential breath-testing device (EBT) operated by a trained breath alcohol technician (BAT). Alcohol screening tests may be performed using a non-evidential alcohol-screening device approved by NHTSA and operated by a screening test technician (STT). Any positive alcohol screen will be confirmed using an EBT. Employees are subject to alcohol testing 4 hours prior to work, while on call, while performing or immediately following performance of work duties. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. An employee who has a confirmed alcohol concentration of greater than 0.02 but less than 0.04 will be removed from duty for a minimum of twenty-four hours. An alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy and subject to sanction up to and including termination. A positive drug and/or alcohol test will also result in disciplinary action up to and including termination.

ANY EMPLOYEE WHO HAS A CONFIRMED POSITIVE DRUG OR ALCOHOL TEST (GREATER THAN 0.04) MUST BE EVALUATED BY A SUBSTANCE ABUSE PROFESSIONAL (SAP) AND WILL BE REMOVED FROM DUTY.

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TYPES OF TESTING

1. Pre-Employment

A positive drug test will disqualify an applicant for employment. Prospective employees may be required to pay for this test but shall be reimbursed upon hire. Pre-employment testing is mandatory for all job positions requiring the operation of a commercial vehicle and may be required for safety sensitive positions.

2. Reasonable Suspicion

Employees may be subject to a fitness for duty evaluation, to include appropriate urine and/or breath testing when there are reasons to believe that drug or alcohol use is adversely affecting job performance. A reasonable suspicion referral for testing will be made on the basis of documented objective facts and circumstances, which are consistent with the long or short-term effects of substance abuse. Examples of reasonable suspicion include, but are not limited to, the following:

a. Adequate documentation of unsatisfactory work performance or on the job behavior.

b. Physical signs and symptoms consistent with prohibited substance use.

c. Evidence of the manufacture, distribution, dispensing, possession, or use of controlled substances, drugs, alcohol, or other prohibited substance.

d. Occurrence of a serious or potentially serious accident that may have been caused by human error.

e. Fights (to mean physical contact), assaults, and flagrant disregard or violations of established safety, security, or other operating procedures

Reasonable suspicion determinations will be made by 2 managers or supervisors or a combination thereof, who detect the signs and/or symptoms of drug and/or alcohol use and who reasonably conclude that an employee may be adversely affected or impaired in his/her work performance.

3. Post-Accident

Employees will be required to undergo urine and breath testing if they are involved in an accident that results in:

a. Injuries to any individual involved which requires medical treatment away from the scene.

b. An involved vehicle incurs disabling damage that requires towing from the scene.

c. Property damage in excess of $1500.00. (Non DOT only)

d. An employee receives a citation under State or Local law for a traffic violation in connection with an accident or a fatality.

When required, the employee will be tested as soon as possible, but not to exceed 8 hours. An employee involved in an accident must refrain from alcohol use for eight hours following the accident or until he/she undergoes a post-accident alcohol test. Any employee who leaves the scene of the accident without appropriate authorization prior to submission to drug and alcohol testing will be considered to have refused the test and subject to disciplinary action including termination.

4. Random

All applicable employees will be subject to random, unannounced testing; this will be done using a scientifically proven method of selection. The frequency and quantities of random

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drug and alcohol testing will be conducted at the discretion of the company throughout the year.

5. Return to Duty

Employees who previously tested positive on a drug or alcohol test must test negative and be evaluated and released to duty by a Substance Abuse Professional. If an employee is accepted for rehire under these conditions, the employee may be asked to pay for this test.

6. Follow-up

Any employee who tested positive for drugs or alcohol will be subject to drug and/or alcohol testing upon their return to work.

7. Split Sample

An employee who questions the results of a required drug test may request that an additional test be conducted. This test may be conducted at a different testing DHHS-certified laboratory. The test must be conducted on the split sample that was provided at the same time as the original sample. The employee pays all costs for such testing unless the second test invalidates the original test. Aspen Way Enterprises, Inc. will seek reimbursement from the employee up to withholding the costs from a paycheck. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40. The employee's request for a re-test must be made to the MRO within 72 hours of notice of the initial test result. Requests after 72 hours will only be accepted if the delay was due to documented facts that were beyond the control of the employee.

TESTING COMPLIANCE

Any employee who refuses to comply with a request for testing, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, altering, adulteration, or substitution shall be removed from duty immediately and subject to disciplinary action, up to and including termination.

Refusal can include an inability to provide adequate specimen or breath sample without a valid medical explanation as well as a verbal declaration, obstructive behavior or physical absence resulting in the inability to conduct the test.

PROHIBITED SUBSTANCES

1. Illegal Drugs and Controlled Substance

Any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812); also found in Appendix D of the Federal Motor Carrier Safety Regulations. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration.

2. Legal Drugs

The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to supervisory personnel and medical advice must be sought, as appropriate, before performing a safety-sensitive function. A legally prescribed drug means that an individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the patient's name, the name of the substance, dosage, and the period of authorization. The misuse or abuse of legal drugs is prohibited.

3. Alcohol

The use of beverages or substances containing alcohol including any medication such that alcohol is present in the body is prohibited. The concentration of alcohol is expressed in terms

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of grams of alcohol per 210 liters of breath as measured by an evidential breath-testing device (EBT).

PROHIBITED CONDUCT

"Prohibited Conduct" addressed by this policy includes the following:

1. Manufacturing, Trafficking, Possession, and Use

Any employee engaging in the manufacture, distribution, dispensing, possession, or use of prohibited substances on company premises, in company vehicles, or while on company business will be subject to disciplinary action up to and including termination. Law enforcement shall be notified, as appropriate, where criminal activity is suspected.

2. Intoxication/Under the Influence

Any employee performing, about to perform, or having just completed performing a safety-sensitive function, who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shall be suspended from job duties pending an investigation and verification of condition. Employees found to be under the influence of a prohibited substance, who fail to pass a drug or alcohol test, shall be removed from duty and subject to disciplinary action, up to and including termination. A drug or alcohol test is considered positive if the individual is found to have a quantitative presence of a prohibited substance in the body above the minimum thresholds as defined in 49 CFR Part 40; or an employee's refusal to test.

3. Alcohol Use

No subject employee should report for duty, or remain on duty when his/her ability to perform assigned functions is adversely affected by alcohol or when his/her blood alcohol concentration is 0.02 or greater. No employee shall use alcohol while on duty. No employee shall have used alcohol within four hours of reporting for duty. Violations of these provisions are prohibited and punishable by disciplinary action up to and including termination.

4. Illegal Use

Illegal use includes use of any illegal drugs, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs.

EMPLOYMENT ASSESSMENT

Any employee who tests positive for the presence of illegal drugs or alcohol above the minimum thresholds set forth in 49 CFR Part 40 will be evaluated by a Substance Abuse Professional (SAP). A SAP is a licensed physical psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of any clinical experience in the diagnosis and treatment of alcohol related disorders.

The SAP will evaluate each employee to determine what assistance, if any, the employee needs in resolving problems associated with prohibited substance abuse or misuse. Assistance by a SAP does not shield an employee from disciplinary action or guarantee employment or reinstatement with this company.

If an employee is allowed to return to duty to perform safety sensitive functions, he/she must properly follow the rehabilitation program prescribed by the SAP, must pass “return to duty” drug and alcohol tests, and be subject to unannounced follow up tests for a period of one to five years. The cost of any treatment of rehabilitation services will be paid directly by the employee or their insurance provider. Employees will be allowed to take accumulated sick leave and vacation leave to participate in the prescribed rehabilitation program.

TREATMENT

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All employees are encouraged to make use of available resources for treatment of alcohol and substance abuse problems. Under certain circumstances, employees may be required to undergo treatment for substance abuse. Any employee who refuses or fails to comply with the Substance Abuse Professional's and Aspen Way Enterprises, Inc. requirements for treatment either after care or return to duty shall be subject to disciplinary action, including termination.

SUPERVISOR RESPONSIBILITY

Aspen Way Enterprises, Inc. is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supervisors/managers are required to apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination.

INFORMATION

Employees may request information concerning the effects of alcohol and controlled substances on an employee's health, work, and personal life; signs and symptoms of a problem; and rehabilitation. Copies of 49 CFR Part 40 and Montana's Workforce Drug & Alcohol Testing Act are available for review from Aspen Way Enterprises, Inc.

COMPANY CONTACT

Aspen Way2702 Montana AvenueSuite 202Billings, MT 59101

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