DAIRY EMPLOYEE HANDBOOK

This Employee Handbook supersedes and replaces all previous policies and procedures including, but
not limited to, all memoranda, written policies, and or written or verbal direction regarding policies
which may have been issued on the subjects covered in this handbook.

All policies outlined in this Handbook may be amended or terminated at any time without prior notice.

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Contents
Welcome ....................................................................................................................................................... 4
Employment Relationship ............................................................................................................................. 4
Employment at Will .................................................................................................................................. 4
Equal Opportunity ..................................................................................................................................... 4
Harassment and Complaint Procedure ..................................................................................................... 5
Americans with Disabilities Act (ADA) and Reasonable Accommodation ................................................ 6
Commitment to Diversity.......................................................................................................................... 7
Conflicts of Interest ................................................................................................................................... 7
Outside Employment ................................................................................................................................ 8
Confidential Information .......................................................................................................................... 8
Introductory Period................................................................................................................................... 9
Rehires ...................................................................................................................................................... 9
Third Party Reference and Information Requests .................................................................................... 9
Access to Personnel Files ........................................................................................................................ 10
Employment of Relatives and Domestic Partners .................................................................................. 10
Performance Reviews ............................................................................................................................. 10
Separation of Employment ..................................................................................................................... 11
Involuntary Terminations........................................................................................................................ 11
Compensation & Benefits ........................................................................................................................... 12
Employment Classification ...................................................................................................................... 12
Work Week and Hours of Work .............................................................................................................. 12
Time Records........................................................................................................................................... 13
Overtime ................................................................................................................................................. 13
Deductions from Pay............................................................................................................................... 13
Pay........................................................................................................................................................... 14
Insurance Benefits .................................................................................................................................. 14
401(K) Plan and Roth 401(K) ................................................................................................................... 14
Service Awards ........................................................................................................................................ 15
Tuition Assistance/Educational Expenses ............................................................................................... 15
Bonus for Salaried Employees................................................................................................................. 16
Workplace Safety ........................................................................................................................................ 16
Commitment to Safety ............................................................................................................................ 16
Workers’ Compensation ......................................................................................................................... 17
Drug-Free and Alcohol-Free Workplace ................................................................................................. 17
Smoking Policy ........................................................................................................................................ 18
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 Workplace Violence Prevention.............................................................................................................. 18
Workplace Guidelines ................................................................................................................................. 19
Attendance.............................................................................................................................................. 19
Illness ...................................................................................................................................................... 20
Disciplinary Procedure ............................................................................................................................ 21
Uniform Rentals & Allowance ................................................................................................................. 21
Dress and Grooming ............................................................................................................................... 22
Employee Lockers, Desks & Offices ........................................................................................................ 23
Personal Cell Phone/Device Use ............................................................................................................. 23
Social Media Acceptable Use .................................................................................................................. 23
Computers, Internet, Email, and Other Resources ................................................................................. 24
Solicitation .............................................................................................................................................. 27
Plant Closings .......................................................................................................................................... 27
Emergency Evacuations .......................................................................................................................... 27
Training for Food Safety & Food Quality ................................................................................................ 28
Peanut Free Facility................................................................................................................................. 28
Time Off, Leaves of Absence & Temporary Light Duty Assignments (TLD) ................................................ 28
General Leave & Short-Term Disability Policies...................................................................................... 28
Paid Time off (PTO) - holidays, vacation ................................................................................................. 29
Guidelines for eligible employees with Paid Time Off (PTO): ................................................................. 30
PTO Buy Back .......................................................................................................................................... 30
Sick Time ................................................................................................................................................. 31
Family and Medical Leave ....................................................................................................................... 31
Personal Leave of Absence ..................................................................................................................... 35
Short-Term Disability .............................................................................................................................. 35
Military Leave.......................................................................................................................................... 36
Bereavement Leave ................................................................................................................................ 36
Jury Duty/Court Appearance .................................................................................................................. 36
Temporary Light Duty Job Assignments (TLD) ........................................................................................ 36
Driver Information ...................................................................................................................................... 38
Fleet Safety ............................................................................................................................................. 38
Distribution Policy and Procedure for CDL and non CDL Drivers ............................................................ 44
EMPLOYEE HANDBOOK ACKNOWLEDGMENT AND RECEIPT ...................................................................... 62

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Welcome

Welcome to Rutter’s! We are delighted that you have chosen to join our organization and hope that you
will enjoy a long and successful career with us. As you become familiar with our culture and mission, we
hope you will take advantage of opportunities to enhance your career and further Rutter’s goals.

You are joining an organization that has a reputation for outstanding leadership, innovation, and
expertise. Our employees use their creativity and talent to invent new solutions, meet new demands,
and offer the most effective services/products in the industry. With your active involvement, creativity,
and support, Rutter’s will continue to achieve its goals. We sincerely hope you will take pride in being an
important part of Rutter’s success.

Please take time to review the policies contained in this handbook. If you have questions, feel free to ask
your supervisor or contact the Human Resources Department.

Employment Relationship
Employment at Will
Employment at Rutter’s is on an at-will basis. This means that either the employee or the company may
terminate the employment relationship at any time, for any reason, with or without notice.

Nothing in this employee handbook is intended to or creates an employment agreement, express or

implied. Nothing contained in this or any other document provided to the employee is intended to be,
nor should it be, construed as a contract that employment or any benefit will be continued for any
period of time. In addition, no company representative is authorized to modify this policy for any
employee or to enter into any agreement, oral or written, that changes the at-will relationship.

Any salary figures provided to an employee in annual or hourly terms are stated for the sake of
convenience or to facilitate comparisons and are not intended and do not create an employment
contract for any specific period of time.

Nothing in this statement is intended to interfere with, restrain, or prevent concerted activity as
protected by the National Labor Relations Act. Such activity includes employee communications
regarding wages, hours, or other terms or conditions of employment. Rutter’s employees have the right
to engage in or refrain from such activities.

Equal Opportunity
Rutter’s provides equal employment opportunities to all employees and applicants for employment
without regard to race, color, ancestry, national origin, gender, sexual orientation, marital status,
religion, age, disability, gender identity, results of genetic testing, service in the military, or any other
protected status under Local, State or Federal Regulations. Equal employment opportunity applies to all
terms and conditions of employment, including hiring, placement, promotion, termination, layoff,
transfer, leave of absence, compensation, and training.

Any employees with questions or concerns about equal employment opportunities in the workplace are
encouraged to bring these issues to the attention of Human Resources. The Company will not allow any
form of retaliation against individuals who raise issues of equal employment opportunity. If an
employee feels they has been subjected to any such retaliation, they should bring it to the attention of
the HR Manager.

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Retaliation means adverse conduct taken because an individual reported an actual or perceived
violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and
investigation process described below.

“Adverse conduct” includes but is not limited to:

(1) Shunning and avoiding an individual who reports harassment, discrimination or retaliation;
(2) Express or implied threats or intimidation intended to prevent an individual from reporting
harassment, discrimination or retaliation; or
(3) Denying employment benefits because an applicant or employee reported harassment,
discrimination or retaliation or participated in the reporting and investigation process.

Complaints of discrimination should be filed according to the procedures described in the Harassment
and Complaint Procedure.

Harassment and Complaint Procedure

Sexual and other unlawful harassment is a violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, as well as many state laws. Harassment based on a characteristic protected by law, such as
race, color, ancestry, national origin, gender, sex, sexual orientation, gender identity, marital status,
religion, age, disability, veteran status, or other characteristics protected by Local, State or Federal
Regulations is prohibited.

It is Rutter’s policy to provide a work environment free of sexual and other harassment. To that end,
harassment of Rutter’s employees by management, supervisors, coworkers, or nonemployees who are
in the workplace is absolutely prohibited. Further, any retaliation against an individual who has
complained about sexual or other harassment or retaliation against individuals for cooperating with an
investigation of a harassment complaint is similarly unlawful and will not be tolerated. Rutter’s will take
all steps necessary to prevent and eliminate unlawful harassment.

Definition of Unlawful Harassment. “Unlawful harassment” is conduct that has the purpose or effect of
creating an intimidating, hostile, or offensive work environment; has the purpose or effect of
substantially and unreasonably interfering with an individual’s work performance; or otherwise
adversely affects an individual’s employment opportunities because of the individual’s membership in a
protected class.

Unlawful harassment includes, but is not limited to: epithets, slurs, jokes, pranks, innuendo, comments,
written or graphic material, stereotyping, or other threatening, hostile, or intimidating acts based on
race, color, ancestry, national origin, gender, sex, sexual orientation, marital status, religion, age,
disability, veteran status, or other characteristic protected by Local, State or Federal Regulations.

Definition of Sexual Harassment. While all forms of harassment are prohibited, special attention should
be paid to sexual harassment. “Sexual harassment” is generally defined under local, state and federal
regulation as unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature where:

• Submission to or rejection of such conduct is made either explicitly or implicitly a term or

condition of any individual’s employment or as a basis for employment decisions; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work
performance or creating an intimidating, hostile, or offensive work environment.

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Other sexually oriented conduct, whether intended or not, that is unwelcome and has the effect of
creating a work environment that is hostile, offensive, intimidating, or humiliating to workers may also
constitute sexual harassment.

While it is not possible to list all those additional circumstances that may constitute sexual harassment,
the following are some examples of conduct that, if unwelcome, may constitute sexual harassment
depending on the totality of the circumstances, including the severity of the conduct and its
pervasiveness:

• Unwanted sexual advances, whether they involve physical touching or not;

• Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex
life, comments about an individual’s body, comments about an individual’s sexual activity,
deficiencies, or prowess;
• Displaying sexually suggestive objects, pictures, or cartoons;
• Unwelcome leering, whistling, brushing up against the body, sexual gestures, or suggestive or
insulting comments;
• Inquiries into one’s sexual experiences; and
• Discussion of one’s sexual activities.

All employees should take special note that, as stated above, retaliation against an individual who has
complained about sexual harassment and retaliation against individuals for cooperating with an
investigation of sexual harassment complaint is unlawful and will not be tolerated.

Complaint Procedure. Any employee who believes they has been subject to or witnessed illegal
discrimination, including sexual or other forms of unlawful harassment, is requested and encouraged to
make a complaint.

• You may complain directly to your immediate supervisor or Human Resources, or any other
member of management with whom you feel comfortable bringing such a complaint.
• If you observe acts of discrimination toward or harassment of another employee, you are
requested and encouraged to report this to one of the individuals listed above.
• No reprisal, retaliation, or other adverse action will be taken against an employee for making a
complaint or report of discrimination or harassment or for assisting in the investigation of any
such complaint or report.
• Any suspected retaliation or intimidation should be reported immediately to one of the persons
identified above.
• All complaints will be investigated promptly and, to the extent possible, with regard for
confidentiality.
• If the investigation confirms conduct contrary to this policy has occurred, Rutter’s will take
immediate, appropriate, corrective action, including discipline, up to and including immediate
termination.

Americans with Disabilities Act (ADA) and Reasonable Accommodation

It is the policy of Rutter’s to comply with all federal and state laws concerning the employment of
persons with disabilities and to act in accordance with regulations and guidance issued by the Equal
Employment Opportunity Commission (EEOC). Furthermore, it is the company policy not to discriminate
against qualified individuals with disabilities in regard to application procedures, hiring, advancement,
discharge, compensation, training or other terms, conditions and privileges of employment.

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 • When an individual with a disability requests accommodation and can be reasonably
accommodated without creating an undue hardship or causing a direct threat to workplace
safety, they will be given the same consideration for employment as any other applicant.
• Applicants who pose a direct threat to the health, safety and well-being of themselves or others
in the workplace when the threat cannot be eliminated by reasonable accommodation will not
be hired.
• Rutter’s will reasonably accommodate qualified individuals with a disability so that they can
perform the essential functions of a job unless doing so causes a direct threat to these
individuals or others in the workplace and the threat cannot be eliminated by reasonable
accommodation or if the accommodation creates an undue hardship to Rutter’s.
• It is the responsibility of the applicant or the employee to contact Human Resources with any
questions or to request an accommodation.
• All employees are required to comply with the company’s safety standards.
• Current employees who pose a direct threat to the health or safety of themselves or other
individuals in the workplace will be placed on leave until an organizational decision has been
made in regard to the employee’s immediate employment situation.
• Individuals who are currently using illegal drugs are excluded from coverage under the company
ADA policy.

The HR department is responsible for implementing this policy, including the resolution of reasonable
accommodation, safety/direct threat and undue hardship issues.

Commitment to Diversity
Rutter’s is committed to creating and maintaining a workplace in which all employees have an
opportunity to participate and contribute to the success of the business and are valued for their skills,
experience, and unique perspectives. This commitment is embodied in company policy and the way we
do business at Rutter’s and is an important principle of sound business management.

Conflicts of Interest
Rutter’s expects all employees to conduct themselves and company business in a manner that reflects
the highest standards of ethical conduct, and in accordance with all federal, state, and local laws and
regulations. This includes avoiding real and potential conflicts of interest.

Exactly what constitutes a conflict of interest or an unethical business practice is both a moral and a
legal question. Rutter’s recognizes and respects the individual employee’s right to engage in activities
outside of employment which are private in nature and do not in any way conflict with or reflect poorly
on the company.

While it is not possible to define all the circumstances and relationships that might create a conflict of
interest, below are a few examples:

• Simultaneous employment by another firm that is a competitor of or supplier to Rutter’s.

• Carrying on company business with a firm in which the employee, or a close relative of the
employee, has a substantial ownership or interest.
• Holding a substantial interest in, or participating in the management of a firm to which the
company makes sales or from which it makes purchases.
• Borrowing money from customers or firms, other than recognized loan institutions, from which
our company buys services, materials, equipment, or supplies.
• Accepting substantial gifts or excessive entertainment from an outside organization or agency.

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 • Speculating or dealing in materials, equipment, supplies, services, or property purchased by the
company.
• Participating in civic or professional organization activities in a manner that divulges confidential
company information.
• Misusing privileged information or revealing confidential data to outsiders.
• Using one’s position in the company or knowledge of its affairs for personal gains.
• Engaging in practices or procedures that violate antitrust laws, commercial bribery laws,
copyright laws, discrimination laws, campaign contribution laws, or other laws regulating the
conduct of company business.

If a situation arises where there is a potential conflict of interest, the employee should discuss this with
a supervisor for advice and guidance on how to proceed.

Outside Employment
Employees are permitted to work a second job as long as it does not interfere with their job
performance with Rutter’s or CDL restrictions. Employees with a second job are expected to work their
assigned schedules. A second job will not be considered an excuse for poor job performance,
absenteeism, tardiness, leaving early, refusal to travel, or refusal to work overtime or different hours.
CDL drivers must inform the Director of Transportation of any additional employment and hours worked
to ensure compliance with DOT hours of service rules.

If outside work activity causes or contributes to job-related problems, it must be discontinued, or the
employee may be subject to disciplinary action, up to and including termination.

Confidential Information
The protection of confidential business information, trade secrets and employee confidentiality are vital
to the interests and success of Rutter’s. Confidential information is any and all information disclosed to
or known by you because of your employment with the company that is not generally known to people
outside the company about its business.

An employee who improperly uses or discloses trade secrets or confidential business information will be
subject to disciplinary action up to and including termination of employment and legal action, even if
they does not actually benefit from the disclosed information.

No employee of the company is to speak with any member of the media (newspapers, radio, television,
etc.) regarding ANY ISSUE without prior authorization of the President.

If you are contacted by a member of the media, please defer the contact to your immediate supervisor
who will contact the President. If you are directed to deal with the media, by the President, please do
so.

Offices or cabinets containing confidential information should be kept locked anytime you are not
present. Do not leave documents in view of others that contain confidential information. Do not leave
your computer monitor up with confidential information when you leave your office.

Discussions involving sensitive information should always be held in confidential settings to safeguard
the confidentiality of the information. Conversations regarding confidential information generally

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should not be conducted on in restrooms, break rooms, or other places where conversations might be
overheard. Close office doors.

Introductory Period
The first 90 days of employment with the company will be considered the employee’s Introductory
Period, during which the management team will complete an evaluation of each new employee’s skill,
knowledge, performance and compatibility.

Each new employee will be provided with the support, training and resources to learn the duties and
competencies necessary to meet or exceed the requirements of the position for which they’ve been
hired during the Introductory Period. The management team’s evaluation will be used to determine if
employment should continue after the Introductory Period is complete.

The Introductory Period applies to rehires and promotions/demotions into a new role with Rutter’s.

Rehires
Rutter’s welcomes new applications from former employees who left the company in good standing. We
take into consideration whether the former employee gave, and completed, at least two weeks’ notice
before leaving their position.

The employee’s job classification at rehire will determine if the employee will be eligible for
participation in Rutter’s employee benefit plans.

Third Party Reference and Information Requests

All inquiries regarding a present or past employee are to be referred to the Human Resources
department.

Under the Americans with Disabilities Act and the Family and Medical Leave Act, the company is obliged
to preserve the privacy of each employee. Only factual information concerning an employee will be
released.

▪ Confirmation of employment,
▪ Dates of employment,
▪ Position held,
▪ Rate of pay.

Each request for information about an employee must be received in writing and accompanied by a
signed consent by the employee to release the information. Requests that do not meet these conditions
may not be granted.

Human Resources will respond in a timely manner to all subpoenas for employee records. Before
responding, the Human Resources department will confirm with legal counsel that Rutter’s is required
to comply with the subpoena.

Employees are required to provide written permission to Rutter’s Human Resources before a request for
information from a financial institution is answered.

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Access to Personnel Files
Employee personnel records are maintained in our human resources department. As required by law,
some records pertaining to employees are maintained in separate files relating to medical issues and
internal investigations. Employees, or their representative, may request access to their basic personnel
file. Depending upon the circumstances, employees may be provided access to records pertaining to
internal investigations, with appropriate redactions to protect the rights of others.

All requests for access to your personnel file must be communicated to Human Resources. Upon receipt
of request, human resources will schedule an appointment for you to view your file during normal office
hours. For purposes of this policy, your personnel file includes records related to performance and
training as well as other records used for hiring, promotion and disciplinary decisions. It will not include
any reference checks, medical records or investigation files. Employees are not permitted to remove any
documents from the personnel file but may provide a written response to any document in the
personnel file. Written responses will be attached to the original document in the personnel file.

It is the employee’s responsibility to keep their personnel record up-to-date. Update your information
in the company’s HRIS system if:

• You change your address,

• You change your marital status,
• You change your beneficiary,
• You wish to designate another person as your Case of Emergency Contact,
• You wish to change your taxes.

Upon written request Human Resources will provide current employees of Rutter’s a copy of Contact
Reports.

Employment of Relatives and Domestic Partners

Relatives and domestic partners may be hired by the company if:
(1) The persons concerned will not work in a direct supervisory relationship, and
(2) The employment will not pose difficulties for supervision, security, safety, or morale.

• For the purposes of this policy, “relatives” are defined as spouses, children, siblings, parents, or
grandparents. A “domestic partnership” is generally defined as a committed relationship
between two individuals who are sharing a home or living arrangements.
• There may not be a direct supervisory relationship when employees are dating or reside in the
same household.
• Current employees who marry each other or become involved in a domestic partnership will be
permitted to continue employment with the company provided they don’t work in a direct
supervisory relationship with each other or otherwise pose difficulties as mentioned above.
• If employees who marry or live together do work in a direct supervisory relationship with each
other, the company will attempt to reassign one of the employees to another position for which
they is qualified if such a position is available.
• If no such position is available, the employees and their supervisor(s) will make the
determination which one of them will resign from the company.

Performance Reviews
Rutter’s believes that all employees should be given regular feedback regarding their performance.
Supervisors are encouraged to give their employees informal feedback to support as well as correct
actions and behaviors.
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A formal performance review system has been established to assure that all employees are given
feedback in a consistent and constructive manner.

Employees are encouraged to seek informal feedback from their supervisor on an ongoing basis.

Separation of Employment
This policy defines the various types of separations from the employment of Rutter’s and the effect of
separation on benefits and continuous service.

Voluntary Terminations
• A voluntary termination of employment occurs when an employee submits a written or verbal
notice of resignation to his or her supervisor
• An employee is absent from work for three consecutive workdays and fails to contact his or her
supervisor (job abandonment).
• Job abandonment is also walking off the job during a shift.
• Failure to report for work upon recall from suspension on the date designated.
• Failure to return from an approved Leave of Absence at the expiration of the leave.
• Retirement.

Procedures
• Employees are requested to provide a minimum of two weeks' notice of their intention to
separate from the company to allow a reasonable amount of time to transfer ongoing
workloads. The employee should complete a Voluntary Resignation in the HRIS system;
however, we will accept a written or electronic notification.
a. Resignations received electronically by the Manager should be forwarded to the Human
Resources department.
b. The Manager will inform Human Resources of the employee’s last day of work.
• Rutter’s reserves the right to accept a resignation notice immediately.
• The Human Resources department will coordinate the employee's out-processing. This process
will include the employee's returning all company property (e.g., keys, ID cards, computer
equipment, cell phones, uniforms, company cars); and a review of the employee's post-
termination benefits status.
• The employee's Manager will complete a Separation Form in the HRIS system in a timely
manner.

Involuntary Terminations
Occurs when the separation is not initiated by the employee. The following are examples of involuntary
terminations:
• Lay off for lack of work
• Department restructure
• Discharge — when an employee who is suited for and capable of performing the work, is
terminated for such reasons as inefficiency, absenteeism, or violation of policies set forth in the
Employee Handbook, including, but not limited to, habitual carelessness or recklessness, illegal
or disorderly conduct, insubordination, theft, leaving work before quitting time without
permission, sleeping on the job, horseplay, falsifying records or information including
application, time records, and altering time records; dishonesty, fighting, arguing, using
profanity, behaving hostile, failure to properly record sales/inventory, coming to work under
influence of drugs/alcohol, possession/selling/purchasing drugs; refusal to take drug/alcohol
test when requested; conviction of a job-related criminal offense, removal of company property
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 without permission, reporting absent to work for another job,
misusing/abusing/damaging/defacing company property, merchandise, and equipment; harmful
gossip or false statements; conduct on or off the clock, unprofessionalism, inappropriate
behavior and conversations; offensive words or actions, sharing confidential information,
Manager not enforcing policies and procedures; violating Rutter’s procedures. (These are
examples this is not an exhaustive list)
• Death of an employee.
• Disability.

Procedures
• The employee’s Manager will complete a Termination Contact Report and a Separation Form in
the HRIS in a timely manner.
• The HR department will coordinate the employee's out-processing. This process will include the
employee's returning all company property (e.g., keys, ID cards, computer equipment, cell
phones, uniforms, company cars); and a review of the employee's post-termination benefits
status.

Final Pay
An employee who resigns or is discharged will be paid through the last day of work, plus any earned,
unused paid time off (PTO) or sick time, less any monies owed in compliance with state and federal
regulations.

Employees whose employment terminates (voluntarily or involuntarily) and have used Paid Time Off
(PTO) or sick time beyond what is earned, the amount overused will be deducted from your final
paycheck.

In cases of an employee's death, the final pay due to that employee will be paid to the deceased
employee's estate or as otherwise required under state law.

If applicable, information regarding benefits continuation through the Consolidated Omnibus Budget
Reconciliation Act (COBRA) will be sent to the employee’s home address.

Compensation & Benefits

Employment Classification
In order to determine eligibility for benefits and overtime status and to ensure compliance with federal
and state laws and regulations, Rutter’s classifies its employees as shown below. Rutter’s may review or
change employee classifications at any time.

• Exempt. Exempt employees are paid on a salaried basis and are not eligible to receive overtime
pay.
• Nonexempt. Nonexempt employees are paid on an hourly basis and are eligible to receive
overtime pay for overtime hours worked.

Work Week and Hours of Work

The standard workweek is from Sunday 12:00 a.m. until Saturday 11:59 p.m. and generally consists of 40
work hours. Individual work schedules may vary depending on the business needs of each department.

Should it become necessary because of business conditions to reduce the number of employees or work
hours, this will be done at the discretion of the company.
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Time Records
The time clock/computer is to be used for non-exempt employees to clock in and out when an:
• Employee begins a shift
• Employee ends a shift
• Employee begins or ends a scheduled break

Time records cannot be altered, falsified or tampered with in order to reduce an employee’s pay
including OT, this would include transferring hours from one week to another.

Under no circumstances is an employee permitted to perform duties, even those outside of their
scheduled shift, while not clocked in. An employee is never permitted to perform duties without
being paid for their time. Managers should conduct employment discussions when an employee is
clocked in.

Any supervisor who asks or permits an employee to work without being paid for their time is subject to
disciplinary action up to and including termination.

If an employee forgets to clock in or out, the employee should notify their supervisor, so an adjustment
can be made.

The company realizes that unexpected situations may sometimes occur, and may make exceptions for
employees arriving late to work as a result of unforeseen circumstances, such as inclement weather or
traffic tie-ups.

Any violation of this policy could result in disciplinary action up to and including termination.

Overtime
When required due to the needs of the business, you may be asked to work overtime.

• Overtime is actual hours worked in excess of 40 hours in a single workweek.

• Nonexempt employees will be paid overtime compensation at the rate of one and one half their
regular rate of pay for all hours over 40 actually worked in a single workweek.
• Paid leave, such as holiday, PTO, bereavement time, and jury duty will only be paid up to your
standard work week. For example, if your standard workweek is 45 hours and you use paid leave
for any of the above the maximum amount of OT you will be paid is 5 hours. Any additional will
be paid at your regular hourly rate.
All non-standard overtime work must be approved in advance by a supervisor.

Deductions from Pay

The Company does not make improper deductions from the salaries of exempt employees and complies
with the salary basis requirements of the Fair Labor Standards Act (FLSA). Employees classified as
exempt from the overtime pay requirements of the FLSA will be notified of this classification at the time
of hire or change in position.

Permitted deductions. The FLSA limits the types of deductions that may be made from the pay of an
exempt employee. Deductions that are permitted include:

• Deductions that are required by law, e.g., income taxes.

• Deductions for awards and incentives.
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 • Deductions for employee benefits when authorized by the employee.
• Absence from work for one or more full days for personal reasons other than sickness or
disability.
• Offset for amounts received as witness or jury fees, or for military pay; or
• Unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace
conduct rule infractions.
• During the week an exempt employee begins work for the company or during the last week of
employment, the employee will only be paid for actual days worked.

Improper deductions. If an employee classified as exempt believes that an improper deduction has been
taken from his or her pay, the employee should immediately report the deduction to the Human
Resources Department. The report will be promptly investigated and if it is found that an improper
deduction has been made, the company will reimburse the employee for the improper deduction.

Pay
Rutter’s pay day for all employees is weekly on Friday. If pay day falls on a federal holiday, employees
will receive their paycheck on the preceding workday. Pay is either made via direct deposit or pay card.

Insurance Benefits
Rutter’s offers a wide variety of benefit plans to eligible employees.

Benefit enrollment begins on the 1st day of the month after the employee meets their eligibility
requirement. If an employee terminates (voluntary/involuntary) prior to the last day of the month, the
contribution toward their insurance premium for the remainder of the month will be deducted from the
last pay the employee receives.

Employee contributions toward the insurance premiums are deducted from each paycheck.

Rutter’s conducts Open Enrollment annually. During the Open Enrollment period, all eligible employees
may change their elections regarding benefit plans and dependent coverage. Changes to coverage
during the remainder of the year may be completed only if the employee experiences a qualifying life
event as defined under ERISA.

Employees who elect to terminate their employment (voluntary/involuntary) company while covered
under our plans may elect to continue their coverage under the COBRA act. However, 100% of the
premium cost plus an administrative fee will be the responsibility of the employee.

All questions regarding eligibility, benefit selections, enrollment, and coverage should be directed to the
Human Resources department.

401(K) Plan and Roth 401(K)

Rutter’s believes that helping employees prepare for their retirement years is important. To that end,
the company has set up and contributes to a plan designed to provide a savings and investment vehicle
for employees.

Eligibility

1) Employees are eligible to enroll in the plan monthly after they have completed six months of
service and worked a minimum of 500 hours.
2) Employees must be 21 years of age or older to participate.
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Key Plan Features

• 401(K) = Pre-tax.
• Roth 401(K) = Post-Tax.
• Rutter’s will match 50% for every dollar you put into your 401(K) or Roth 401(K) up to 6% of your
eligible compensation. You may contribute more than 6% of your pay, but amounts above 6% will
not receive the company match.
a. The employer’s match is discretionary and may change at any time.
• Each calendar year, in order to receive the employer matching contribution and credit for a year
of service toward vesting, you must work a minimum of 500 hours and be employed on December
31st, unless you qualify due to retirement.
• Rutter’s has a five-year vesting schedule, 20% ownership after the first year, then 20% more each
year until year 5 for full ownership (100%)

The company reserves the right to terminate or amend the Plan at any time.

Service Awards
Employees are eligible for every 5 years of service they give to Rutter’s. Employees will be credited for
each complete year of service on December 31st. Service awards are distributed yearly for the credited
years for the period of August 1st through July 31st.

Tuition Assistance/Educational Expenses

Rutter’s supports employees who wish to continue their education to secure increased responsibility and
growth within their professional careers. In keeping with this philosophy, the company has established a
reimbursement program for expenses incurred through approved institutions of learning.

Eligibility
• Must be a full-time employee working an average of 30 hours or more per week.
• Must be employed for one year prior to the start date of the class.
• Courses must be job-related.

The company will reimburse up to a maximum of $1,000 per year incurred by an eligible employee for
continuing education through an accredited program that either offers growth in an area related to the
employee’s current position or might lead to promotional opportunities. This education may include
college credit courses, continuing education unit courses, seminars and certification tests. You must
secure a passing grade of “B” or its equivalent or obtain a certification to receive any reimbursement.
Expenses must be validated by receipts, and a copy of the final grade card or certification must be
presented to show hours or certification received.

Procedures
To receive tuition/educational expense reimbursement, employees should follow the following
procedures:

1) The employee must complete and submit the educational expense agreement (found in the
company’s HRIS system) to the Human Resources department at least 30 days prior to the start
of the class.
2) The educational expense agreement will be reviewed and the employee will be notified of
approval or denial for the course.
3) If approved, request for reimbursement must be submitted within 30 days of receipt of a grade.

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 4) The HR department will then coordinate the reimbursement with the payroll department.
5) Employee must be actively employed to receive the reimbursement.

Bonus for Salaried Employees

Rutter’s uses performance-based bonuses, to motivate and retain valued salaried employees who
provide exemplary performance and meet specified objectives.

All bonus award recipients must meet the following criteria:

• The employee’s accomplishments exceed the normal standards/expectations for the job.
• The employee has fulfilled all normal job duties in addition to performing added duties to
accomplish achieve a certain objective.
• You must be actively employed to receive bonuses. You may receive a prorated portion of your
bonus if you are on leave during the bonus review period and return to work after your leave.

Annual performance-based bonus amounts are outlined in the employee’s offer letter and defined as
below:

Performance reviews are conducted twice a year and 50% of the annual performance-based bonus is
paid upon the semi-annual review.

• An outstanding performance review (90-100) would qualify for up to 100%.

• An excellent performance review (80-90) would qualify for up to 90%.
• An average performance review (70-80) would qualify for up to 80%.
• A poor performance review would (< 70) would not qualify for a bonus.

Under special circumstances, with the president’s approval, a higher bonus may be approved.
(Documentation must be submitted to support such a request.)

Workplace Safety

Commitment to Safety
It is the responsibility of each employee that all tasks be conducted in a safe and efficient manner
complying with all local, state and federal safety and health regulations, programmatic standards, and
special safety concerns identified by Rutter’s.

Although most safety regulations are consistent throughout each department, it is the responsibility of
employees to identify and familiarize themselves with the emergency plan for their working areas. Each
facility has an emergency exit plan.

Employee Responsibility for Workplace Safety

• To make our workplaces safe for all employees, each employee is expected to:
• Participate in maintaining a safe work environment by observing all safety measures.
• Report every accident, no matter how minor.
• Correct or report any safety hazard in his or her work area.
• Wear the personal safety equipment required for the tasks they are performing.

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Workers’ Compensation
Workers’ compensation is a “no-fault” system that provides compensation for medical expenses and
wage losses to employees who are injured or who become ill because of employment.

Rutter’s pays the entire cost of workers’ compensation insurance. The insurance provides coverage for
related medical and rehabilitation expenses and a portion of lost wages to employees who sustain an
injury on the job.

The company abides by all applicable state workers’ compensation laws and regulations.

• If an employee sustains a job-related injury or illness, it is important to notify the Manager and
Human Resources immediately.
• Human Resources will ask the employee to complete an accident report; this should be
completed the day of the accident.
• If medical attention is needed the employee should refer to the designated physician panel
unless it is a true medical emergency care should be sought at the nearest emergency room or
urgent care center.
• Within 90 days of the injury, the employee is required to obtain treatment from one of the
physicians on the panel. Rutter’s is not obligated to pay for treatment given by a provider not on
the list. After 90 days, you may choose to continue treatment with a panel physician or another
provider of your choice.

Rutter’s reserves the right to amend the physician panel at any time.
Workers’ compensation benefits (paid or unpaid) will run concurrently with FMLA leave, if applicable,
where permitted by state and federal law.

Drug-Free and Alcohol-Free Workplace

It is the policy of Rutter’s to maintain a drug- and alcohol-free work environment that is safe and
productive for employees and others having business with the company.

• The unlawful use, possession, purchase, sale, distribution, or being under the influence of any
illegal drug and/or the misuse of legal drugs while on company or client premises or while
performing services for the company is not permitted.
• Rutter’s prohibits reporting to work or performing services under the influence of alcohol or
consuming alcohol while on duty or during work hours.

To ensure compliance with this policy, substance abuse screening may be conducted in the following
situations:

1) Pre-employment or promotion: As required by the company for all prospective employees who
receive a conditional offer of employment.
2) For Cause: Upon reasonable suspicion that the employee is under the influence of alcohol or
drugs that could affect or has adversely affected the employee’s job performance.
• In the event of a workplace injury where there is a “reasonable suspicion” of substance
abuse
• Any accident resulting in damage to property or equipment
• Frequent workplace accidents
• Erratic, dangerous, or unpredictable behavior on the job
• Violation of a serious safety rule
• Obvious smell of drugs/alcohol when reporting to work or during work
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 3) Random: As authorized or required by federal or state law.

Compliance with this policy is a condition of employment. Employees who test positive or who refuse to
submit to substance abuse screening will be subject to termination. Notwithstanding any provision
herein, this policy will be enforced at all times in accordance with applicable state and local law.

Special Provision-Medical Marijuana

Under State Law, it is illegal to use medical marijuana in the workplace.

Rutter’s may limit an employee from performing certain duties where a safety risk might be called into
question.

Rutter’s does not permit the use of medical marijuana on our premises or property.

Special Note for CDL Drivers: Medical Review Officers will not verify a drug test as negative based upon
information that a physician recommended that the employee use “medical marijuana.” Please note that
marijuana remains a drug listed in Schedule I of the Controlled Substances Act. It remains unacceptable
for any safety‐sensitive employee subject to drug testing under the Department of Transportation’s drug
testing regulations to use marijuana.

Any employee violating this policy is subject to discipline, up to and including termination, for the first
offense.

Smoking Policy
The state enacted Clean Indoor Air Act prohibits smoking inside enclosed workplaces and commercial
establishments. This means that employees are required by State law to smoke outside of the building.
The following procedures should be followed with respect to smoking while working:

• The maximum amount of time permitted for smoking a cigarette is 5 minutes.

• Smoking is only permitted in the designated smoking area.
• A receptacle will be provided at the designated smoking area for the disposal of ashes and
cigarette butts.
• Employees are permitted the use of e-cigs in designated areas.

Any fines levied on an employee from a government agency (Dept. of Health, police, etc.) due to a
violation of the Clean Air Indoor Act will be the responsibility of the employee.

Workplace Violence Prevention

Rutter’s is committed to providing a safe, violence-free workplace for our employees.

• Due to this commitment, we discourage employees from engaging in any physical confrontation
with a violent or potentially violent individual or from behaving in a threatening or violent
manner.
• Threats, threatening language, loud arguing, or any other acts of aggression or violence made
toward or by any employee will not be tolerated.
• A threat may include any verbal or physical harassment or abuse, attempts to intimidate others,
menacing gestures, stalking, or any other hostile, aggressive, and/or destructive actions taken
for the purposes of intimidation.

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This policy covers any violent or potentially violent behavior that occurs in the workplace or at company-
sponsored functions.

• All Rutter’s employees bear the responsibility of keeping our work environment free from
violence or potential violence.
• Any employee who witnesses or is the recipient of violent behavior should promptly inform
their supervisor or the Human Resources Department.
• All threats will be promptly investigated.
• No employee will be subject to retaliation, intimidation, or discipline as a result of reporting a
threat in good faith under this guideline.

Any individual engaging in violence against the company, its employees, or its property will be
prosecuted to the full extent of the law. All acts will be investigated, and the appropriate action will be
taken. Any such act or threatening behavior may result in disciplinary action up to and including
termination.

• Rutter’s prohibits the possession of unlawful weapons on its properties all times, including our
parking lots or company vehicles. A license to carry a weapon does not supersede this company
policy.
• Additionally, while on duty, employees may not carry a weapon of any type.
• Weapons include, but are not limited to, handguns, rifles, automatic weapons, and knives that
can be used as weapons (excluding pocketknives, utility knives, and other instruments that are
used to open packages, cut string, and for other miscellaneous tasks), martial arts
paraphernalia, stun guns, and tear gas.
o If any excluded items are used in a threatening manner, whether verbally or physically, it
will result in discipline up to and including termination.

The company reserves the right to inspect all belongings of employees on its premises, including
packages, briefcases, purses and handbags, gym bags, and personal vehicles on company property. In
addition, Rutter’s may inspect the contents of lockers, storage areas, file cabinets, desks, and work
stations at any time and may remove any items that are in violation of Company rules and policies.

Workplace Guidelines

Attendance
All employees are expected to arrive on time, ready to work, every day they are scheduled to work.

Absences, tardiness and early departure measure your attendance. Communicate any lateness,
absences, and early departures with your immediate supervisor. Notification is only considered to be
given when the supervisor acknowledges and responds to the employee’s communication.

"Absence" is defined as the failure of an employee to report for work when they is scheduled to work.
This policy does not apply to absences covered by the Family and Medical Leave Act (FMLA) or leave
provided as a reasonable accommodation under the Americans with Disabilities Act (ADA). These
exceptions are described in separate policies.
The two types of absences are defined below:
Excused absence/tardiness/early departure occurs when all the following conditions are met:
• The employee provides to his or her supervisor sufficient notice in advance of the absence.

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 • The absence request is approved in advance by the employee's supervisor.
• The employee has sufficient earned paid time off (PTO) and/or sick time to cover the absence.
• Providing a doctor’s note for 3 consecutive days absent or 3 days absent in a 30-day period.

Unexcused absence/tardiness occurs when any of the above conditions are not met.
If it is necessary for an employee to be absent or late for work because of an illness or an emergency,
the employee must notify his or her supervisor as soon as reasonably possible, but preferably no less
than 3 hours prior to the start of their scheduled starting time on that same day. If the employee is
unable to call, they must have someone make the call. Employees who must leave work before the end
of their scheduled shift must notify a supervisor immediately; failure to notify a supervisor will be
considered an unexcused early departure.
Excessive absenteeism is defined as three or more unexcused absences in any three-month period.
Excessive tardiness is defined as three or more unexcused tardiness’s in any three-month period.
Excessive early departures are defined as three or more unexcused early departures in any three-month
period. Excessive absenteeism, tardiness, early departure or any combination will result in discipline up
to and including termination.
1. First unexcused absence or call off is “free” one for the year.
2. Second unexcused absence or call off is a write up.
3. Third unexcused absence or call off is a write up and two-day unpaid suspension.
4. Fourth unexcused absence or call off is a write up with termination.

Sickness is an unexcused absence.

If sick multiple days in a row with a doctors note it shall only count as 1 unexcused absence.

If sick multiple days in a row without a doctor’s note each day shall count as an unexcused absence.

If an employee fails to report to work or call in to inform the supervisor of the absence for three
consecutive days or more, the employee will be considered to have voluntarily resigned employment.
Walking off the job is also considered a voluntary resignation.

Illness
Many times, with the best of intentions, employees report to work even though they feel ill. We provide
PTO and sick time to eligible employees to compensate employees who are unable to work due to
illness.

Currently, the Centers for Disease Control and Prevention recommends that people with an infectious
illness such as the flu remain at home until at least 24 hours after they are free of fever (100 degrees F
or 37.8 degrees C) or signs of a fever without the use of fever-reducing medications. Employees who
report to work ill will be sent home in accordance with these health guidelines.

COVID-19
• Employees positive for COVID-19 must notify their manager of their absence following current
call off procedures.
• Employees must also submit a COVID leave form and test results via the company’s HRIS system.
• An employee positive for COVID-19 may return to work 5 days from their test (day of test is day
1) result unless they are still experiencing symptoms and/or are not 24 hours fever free.
• It is up to the employee to communicate their return with their Supervisor
• Employees with a negative COVID-19 test result may return to work as long as they are
symptom/fever free for 24 hours.
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Disciplinary Procedure
Rutter’s expects employees to comply with the Company’s standards of behavior and performance and
to correct any noncompliance with these standards.

Under normal circumstances, the Company endorses a policy of progressive discipline in which it
attempts to provide employees with notice of deficiencies and an opportunity to improve. It does,
however, retain the right to administer discipline in any manner it sees fit. Rutter’s reserves the right to
skip or repeat steps in the progressive discipline process at any time based upon the frequency and
severity of an employee’s behavior or action. This policy does not modify the status of employees as
employees-at-will or in any way restrict the Company’s right to bypass the disciplinary procedures
suggested.

All steps below should be documented in the employee’s personnel file in the form of contact report.

Progressive Discipline Steps

1. 1st Written Warning;
2. 2nd Written Warning;
3. Unpaid Suspension for hourly/non-exempt employees; Final Written warning for salaried/exempt
employees;
4. Termination of employment.

The progressive disciplinary procedures described above also may be applied to an employee who is
experiencing a series of unrelated problems involving job performance or behavior.

In cases involving serious misconduct, or any time the supervisor determines it is necessary, such as a
major breach of policy or violation of law, the procedures contained above may be
disregarded. Typically, the supervisor should suspend the employee immediately and an investigation of
the incidents leading up to the suspension should be conducted to determine if any further action, such
as termination, should be taken.

Uniform Rentals & Allowance

Uniform Rentals

To ensure Rutter’s employees engaged in plant production are meeting SQF and FDA standards, a rental
uniform approved by Rutter’s will be given to the employee, and is required to be worn when working in
the plant. The rented uniform is not to be removed from the building. This includes all employees in the
following departments:

• Bottling
• Maintenance
• Receiving/Pasteurization

Uniform Allowance

To ensure Rutter’s employees engaged in service, warehouse and delivery functions are meeting the
uniform requirements; a uniform allowance is available to all employees in the following departments:

▪ Cold Warehouse
• Warehouse
• Transportation

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 • Merchandisers

Rutter’s has established the following guidelines for uniforms purchased using the uniform allowance:

▪ Pants and shorts must be a plain neutral color (tan, grey, black, brown, olive green or blue).
▪ Shorts should be no more than three inches above the knee; no cut offs or handmade shorts,
they must have a factory seam around the bottom.
▪ No designs, graphics, or art.
▪ Jeans (blue, black, or grey).
▪ All uniform clothing must be free from holes, clean, properly fitting and properly worn.
▪ For Transportation and Merchandisers, all clothing worn above the waist as your outer most
layer must have the Rutter’s logo on it. Rutter’s branded apparel may only be purchased from
the Company’s chosen provider.

Uniform Allowance Reimbursement Guidelines:

• Full-time employees are eligible for a $250 clothing allowance and part-time employees are
eligible for $125 clothing allowance annually.
• New employees are not eligible for the annual allowance until the first of the month after
the completion of 90 days. Employees may choose to buy items prior to this time, but are
not eligible for reimbursement until the first of the month after 90 days.
• Annual allowance period, January 1 to December 31.

The allowance amount may be used in any combination of the below methods:

1. Purchase items from Rutter’s chosen uniform provider.

▪ Submit an order form for the selected items to their manager. Please note these
orders are typically placed 2X a year to obtain discount pricing.
▪ Employees may buy pants, shorts, sweatshirts, jackets, hats etc.
▪ Items selected that exceed the annual clothing allowance must be paid for in
advance of the order being placed.
2. Purchase items for their Rutter’s uniform from anywhere they choose.
▪ Employees may buy footwear, pants, shorts, sweatshirts, jackets, hats, etc. in
accordance with uniform requirements listed above.
▪ Employees must complete and submit an expense form to their manager listing
all of the items purchased for their uniform and attach the receipts. All receipts
must be dated within 45 days of the date submitted.
▪ Upon approval, the employee will be reimbursed for the items purchased on
their paycheck not subject to tax withholding.
▪ Please allow up to 4 weeks for processing.

Management reserves the right to reject attire that does not meet the uniform standard in any way. Any
employee in violation of Rutter’s Uniform Policy will be given a written warning. Any additional
violations of the uniform policy will require the employee to wear only clothing from Rutter’s chosen
uniform provider.

All employees working in the office should follow the below dress and grooming policy.

Dress and Grooming

Rutter’s employees contribute to the culture and reputation in the way they present themselves. A
professional appearance is essential to a favorable impression with other employees, customers and

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vendors. Good grooming and appropriate dress reflect employee pride and inspire confidence on the
part of such persons.

Basic guidelines for appropriate attire

Basic guidelines for appropriate workplace dress include clothing that is in neat and clean condition.

Although it is impossible and undesirable to establish an absolute dress and appearance code, Rutter’s
will apply a reasonable and professional workplace standard to individuals on a case-by-case basis, in its
sole discretion. Management may make exceptions for special occasions or in the case of inclement
weather, at which time employees will be notified in advance. An employee unsure of what is
appropriate should check with his or her supervisor.

If a supervisor decides that an employee’s dress or appearance is not appropriate, they may take
corrective action and require the employee to leave the work area and make the necessary changes.

Departments may have specific requirements (i.e., steel toed shoes, uniforms, slip resistant shoes, etc.)

Employee Lockers, Desks & Offices

Lockers are provided as a convenience to employees who must change into their uniform at work.
Employees are not required to use lockers. You should change clothes before clocking in and after
clocking out. Lockers are available on first come, first served basis. Employees may use a personal lock.
Locks may be cut off in the event of a justifiable search. (See below)

Justifiable Searches
Employees suspected to be in violation of Workplace Safety policies may be subject to company
property searches. In the event of a justifiable search, the lock will be cut off. You will not be notified of
any inspection, and the inspection can be conducted even if you are not present. Your supervisor and a
representative of Human Resources department will be present when the search is conducted.

Personal Items
Generally, you should not store valuables in your locker, desk, or office. The company is not responsible
for personal items missing from lockers, desks, or offices. Similarly, the company is not responsible for
items left in lockers, desks, or offices after your shift or workday ends.

Personal Cell Phone/Device Use

Cellphones/devices should be turned off or set to silent or vibrate mode when on the clock.

While at work, employees are expected to exercise discretion in using personal cellphones/devices.
Excessive personal calls/usage of personal devices during the workday can interfere with employee
productivity and be distracting to others. Employees are encouraged to make any personal calls during
nonwork time when possible and to ensure that friends and family members are aware of Rutter’s
policy. Management has full authority to define excessive use and discretion to warn an employee of
their excessive use.

Rutter’s will not be liable for the loss of personal cellphones/devices brought into the workplace.

Social Media Acceptable Use

Rutter’s encourages employees to share information with co-workers and with those outside the
company for the purposes of gathering information, generating new ideas, and learning from the work
of others. Social media provides inexpensive, informal, and timely ways to participate in an exchange of
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ideas and information. However, information posted on a website is available to the public and,
therefore, the company has established the following guidelines for employee participation in social
media.

Note: As used in this policy, “social media” refers to blogs, forums, and social networking sites, such as
Twitter, Facebook, LinkedIn, YouTube, Instagram, and SnapChat, among others.

• Off-duty use of social media. Employees may maintain personal websites or weblogs on their
own time using their own facilities. Employees must ensure that social media activity does not
interfere with their work. In general, the company considers social media activities to be
personal endeavors, and employees may use them to express their thoughts or promote their
ideas.
• On-duty use of social media. Employees may engage in social media activity during work time
provided it is directly related to their work, approved by their supervisor, and does not identify
or reference company clients, customers, or vendors without express permission. The company
monitors employee use of company computers and the Internet, including employee blogging
and social networking activity.
• Respect. Demonstrate respect for the dignity of the company, its owners, its customers, its
vendors, and its employees. A social media site is a public place, and employees should avoid
inappropriate comments. For example, employees should not divulge Rutter’s confidential
information such as trade secrets, client lists, or information restricted from disclosure by law
on social media sites. Similarly, employees should not engage in harassing or discriminatory
behavior that targets other employees or individuals because of their protected class status or
make defamatory comments. Even if a message is posted anonymously, it may be possible to
trace it back to the sender.
• Confidentiality. Do not identify or reference company clients, customers, or vendors without
express permission. Employees may write about their jobs in general but may not disclose any
confidential or proprietary information. For examples of confidential information, please refer
to the confidentiality policy. When in doubt, ask before publishing.
• New ideas. Please remember that new ideas related to work or the company’s business belong
to the company. Do not post them on a social media site without the company’s permission.
• Trademarks and copyrights. Do not use the company’s or others’ trademarks on a social media
site or reproduce the company’s or others’ material without first obtaining permission.
• Legal. Employees are expected to comply with all applicable laws, including but not limited to,
copyright, trademark, and harassment laws.
• Discipline. Violations of this policy may result in discipline up to and including immediate
termination of employment.

Note: Nothing in this policy is meant to, nor should it be interpreted to, in any way limit your rights under
any applicable federal, state, or local laws, including your rights under the National Labor Relations Act
to engage in protected concerted activities with other employees to improve or discuss terms and
conditions of employment, such as wages, working conditions, and benefits.

Computers, Internet, Email, and Other Resources

The company provides a wide variety of communication tools and resources to employees for use in
running day-to-day business activities. Whether it is the telephone, voice mail, fax, scanner, Internet,
intranet, e-mail, text messaging, or any other company-provided technology, use should be reserved for
business-related matters during working hours. All communication using these tools should be handled
in a professional and respectful manner.

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Employees should not have any expectation of privacy in their use of company computer, phone, or
other communication tools. All communications made using company-provided equipment or services
including email and internet activity, are subject to inspection by the company. Employees should keep
in mind that even if they delete an email, voicemail or other communication, a copy may be archived on
the company’s systems.

Employee use of company-provided communication systems, including personal e-mail and Internet that
are not job-related have the potential to drain, rather than enhance, productivity and system
performance. You should also be aware that information transmitted through e-email and the Internet
is not completely secure or may contain viruses or malware, and information you transmit and receive
could damage the company’s systems as well as the reputation and/or competitiveness of the company.
To protect against possible problems, delete any e-mail messages prior to opening that are received
from unknown senders and advertisers. It also is against company policy to turn off antivirus protection
software or make unauthorized changes to system configurations installed on company computers.
Violations of this policy may result in termination for a first offense.

The company encourages employees to use e-mail only to communicate with fellow employees,
suppliers, customers, or potential customers regarding company business. Internal and external e-mails
are considered business records and may be subject to federal and state recordkeeping requirements as
well as to discovery in the event of litigation. Be aware of this possibility when sending e-mails within
and outside the company.

All use of company-provided communications systems, including e-mail and Internet use, should
conform to our company guidelines/policies, including but not limited to the Equal Opportunity,
Harassment, Confidential Information, and Conflicts of Interest. So, for example, employees should not
engage in harassing or discriminatory behavior that targets other employees or individuals because of
their protected class status or make defamatory comments. Similarly, employees should not divulge
confidential information such as trade secrets, client lists, or information restricted from disclosure by
law on social media sites.

Because e-mail, telephone and voice mail, and Internet communication equipment are provided for
company business purposes and are critical to the company’s success, your communications may be
accessed without further notice by Information Technology department administrators and company
management to ensure compliance with this guideline.

The electronic communication systems are not secure and may allow inadvertent disclosure, accidental
transmission to third parties, etc. Sensitive information should not be sent via unsecured electronic
means.

Securing Rutter’s systems requires your active participation. Please follow these guidelines when
using Rutter’s computers and POS systems.

• Do not share Rutter’s information or data with people outside the organization except when
permission has been given by the IT Department.
• Do not share any Rutter’s POS or computer passwords with anyone, including your manager or
supervisor. All passwords should be treated as sensitive, confidential information.
• All users with access to Rutter's Network are assigned with a unique username and login. These
credentials are not to be shared with anyone including your manager or supervisor.
• Use of generic and/or shared user ID’s and passwords are prohibited.
• Shared and/or generic user ID’s may not be used to administer any system component.

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 • Change all Windows’ level (e.g., desktop computer or laptop, etc.) passwords at least every 90
days.
• Make sure that Windows’ level passwords are “strong” passwords that conform to
• the following guidelines:
• Contain at least twelve (12) characters and have at least 2 of the following 3 characteristics:
• Contains both upper- and lower-case characters (i.e. a-z, A-Z)
• Contains at least one number (0-9)
• Contains a special character (i.e. #, $, %, etc.)
• Do not use the "Remember Password" feature in applications or on the internet.
• Contact the System Administrator if you need assistance changing your password.
• Contact the System Administrator if you are unable to access your account because of an invalid
username or password. Please note that after three (3) consecutive failed login attempts within
two (2) hours, your account will be locked out.
• Do not include passwords in email messages or other forms of electronic communication
without using approved encryption software.
• Respect and adhere to all copyrights and licensing agreements.
• Be cautious when sending or receiving information over the Internet to prevent viruses, worms,
Trojan horses and other software that could potentially damage our network systems.
• Protect and destroy any Rutter’s data and information stored on personally-owned computers,
copied to portable computers, portable electronic media, printed on faxes, and printed on
printers. Employees must consent to requests for access to corporate information stored on
personally-owned computers and may be required to destroy any corporate information, data,
or software that is found.
• Don't give out personal information on the phone, through the mail or over the Internet unless
you've initiated the contact or are sure you know who you're dealing with. Identity thieves may
pose as representatives of banks, Internet service providers (ISPs) and even government
agencies to get you to reveal your SSN, mother's maiden name, account numbers, and other
identifying information.
• Before you share any personal information, confirm that you are dealing with a legitimate
organization. You can check the organization's Web site as many companies post scam alerts
when their name is used improperly. Also, contact the company through an address or
telephone number you know to be genuine.
• If you receive an unexpected e-mail saying some action will be taken if you do not confirm your
billing information, do not reply or click on any links in the e-mail body. Use the Phish Alert
button in Outlook to report these emails.
• Before submitting financial information through a Web site, look for the "lock" icon on the
browser's status bar. This means your information is secure during transmission.
• All system components to be connected to any Rutter’s Network must be placed behind a
firewall adhering to the Rutter’s Firewall Policy.
• Employees and or Vendors should not use any system components in a matter which is not in
accordance with their job duties.
• To help reduce the risk of unwanted and malicious programs do not connect any unauthorized
devices to Rutters POS systems, this includes but is not limited to;
o Cell phones and chargers
o USB thumb drives
o Lap-tops/net books/tablet-pc’s
• Direct all requests for information about configurations and software used to the IT department.
This information is considered sensitive and will be provided to third parties only on a need-to-
know basis.

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Office telephones and company cell phones are for business purposes. While the company recognizes
that some personal calls are necessary, these should be kept as brief as possible and to a minimum.
Abuse of these privileges is subject to corrective action up to and including termination.

Nothing in this policy is designed to interfere with, restrain, or prevent employee communications
regarding wages, hours, or other terms and conditions of employment as protected under the National
Labor Relations Act. Employees have the right to engage in or refrain from such activities.

Solicitation
Employees should be able to work in an environment that is free from unnecessary annoyances and
interference with their work. In order to protect our employees and visitors, solicitation by employees is
strictly prohibited while either the employee being solicited or the employee doing the soliciting is on
“working time.” “Working time” is defined as time during which an employee is not at a meal, on break,
or on the premises immediately before or after his or her shift.

Employees are also prohibited from distributing written materials, handbills, or any other type of
literature on working time and, at all times, in “working areas,” which includes all office areas. “Working
areas” do not include break rooms, parking lots, or common areas shared by employees during
nonworking time.

Nonemployees may not trespass or solicit or distribute materials anywhere on company property at any
time.

Plant Closings
Rutter’s will always make every attempt to be open for business. In situations in which some employees
are concerned about their safety, management may advise supervisors to notify their departments that
the plant/office is not officially closed, but anyone may choose to leave the plant/office if they feels
uncomfortable.
If the plant/office is officially closed during the course of the day to permit employees to leave early,
nonexempt employees will be paid for any hours worked and may take PTO or make up the time for the
remaining hours of their workday. Exempt employees will be paid for a normal full day but are expected
to complete their work at another time.

Emergency Evacuations
In the event of any emergency that would require evacuation of the building it is
important for you to remain calm and be aware of your own safety as well as the safety of your fellow
employees and visitors.

If the fire alarm sounds, or an evacuation of the building is ordered by company management or
emergency agencies the following procedures should be followed.

1. Remain calm.
2. Follow the exit plan as directed.
3. Once outside rejoin your work group in your designated evacuation area.
4. Supervisors are responsible to account for all employees in their group as well as any visitors.
5. Do not re-enter the building until the proper authorities permit.

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Training for Food Safety & Food Quality
All employees will be given training for Food Safety & Food Quality as it relates to their position. Training
may include but is not limited to:

• cGMPs (Current Good Manufacturing Practices)

• HACCP (Hazard Analysis of Critical Control Points)
• SQF (Safe Quality Food)
• FSMA (Food Safety Modernization Act)
• Food Fraud
• Food Defense/Intentional Adulteration
• Sanitary Transport
• Chemical Safety and Sanitation
• Policies and procedures as defined by the FDA and PDA

Peanut Free Facility

Rutter’s Dairy facility is peanut free. No peanut products of any style, peanut butter in any form and any
food, candy, or cookie containing peanuts or peanut butter is not permitted. Facility includes all
buildings, distribution vehicles associated with the company, building complex (office areas,
breakrooms, production areas, maintenance areas, storage areas, and refrigerated warehouse), tunnel,
dry warehouse/labeling rooms, cabin, chemical storage areas, parts storage areas, forklift/DEF garage,
merchandizer vehicles, large equipment garage, straight trucks, tractors, and trailers.

Time Off, Leaves of Absence & Temporary Light Duty Assignments (TLD)
• General Leave Policies
• Paid Time off (PTO) - holidays, vacation
• Sick Time
• Family and Medical Leave
• Personal Leave of Absence
• Short-Term Disability
• Military Leave
• Bereavement Leave
• Jury Duty/Court Appearance

General Leave & Short-Term Disability Policies

• Leaves may run concurrent with one another.

• While on any type of Leave PTO/Sick time will not be earned until your return from leave.
• Arrangements regarding premiums for your insurance must be arranged with Human Resources
prior to beginning your leave.
• If you are eligible for FMLA, you would continue to pay your contribution to the premiums; if
you are not eligible for FMLA your benefits would go through COBRA and you would be
responsible for the full premiums and up to 2% additional for administrative fees.
• You must be actively employed to receive bonuses. You may receive a prorated portion of your
bonus if you are on leave during the bonus review period.

Procedure for applying for a leave

Requests for leave must be submitted on the “Request for Leave” form in the company’s HRIS system.
You must also notify your direct supervisor of your intent to take a leave.
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Employees who fail to provide requests and required documentation within the timeframe guidelines
will be considered to have voluntarily resigned their employment.
The supervisor and HR shall review and make a determination based on the following factors:
The purpose for which the leave is requested.

➢ The length of time the employee will be away.

➢ For non FMLA:
a. The effect the leave will have on the ability of the department to carry out its
responsibilities.
b. The quality of the employee’s performance prior to the submission of the request.

Procedure for returning from leave

• An employee who has been granted leave shall give their supervisor reasonable notification of
their intent to return to work.
• Upon receiving notification of the employee’s availability, the supervisor or department head
will arrange to have the employee resume their previous position, if available.
• If the previous position is no longer available, the employee may be considered for other open
positions which they may be qualified for and as they become available.
• If no position exists, the employee will remain on unpaid leave until a suitable opening develops.
If such an opening does not occur within a 60-day period, any obligation to reinstate the
employee is discontinued and the employee’s leave status is changed to a voluntary
termination. Future reemployment would be as a rehire with only legally required
reinstatement of applicable benefits.

Paid Time off (PTO) - holidays, vacation

Years of Service PTO*

1 Pro-rated based on hire date (see offer letter)
2 15 days (includes 8 holidays & 7 vacation days)
3-9 20 days (includes 8 holidays & 12 vacation days)
10-19 25 days (includes 8 holidays & 17 vacation days)
20-29 30 days (includes 8 holidays & 22 vacation days)
30+ 35 days (includes 8 holidays & 27 vacation days)

Rutter’s recognizes the importance of time off from work to relax, spend time with family, and enjoy
leisure activities. The company provides PTO to full-time employees for this purpose and employees are
encouraged to use PTO during the year. Part-time employees are not eligible for PTO.
Paid Time Off encompasses days of holidays and vacation. Due to the nature of our businesses, some
employees are scheduled to work on most holidays. All holidays are floating and may be taken another
day of the employees choosing subject to supervisor’s approval.
The following (8) holidays are included in PTO:

• New Year’s Day

• Easter Holiday
• Memorial Day
• Independence Day

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 • Labor Day
• Thanksgiving Day
• Christmas
• Employee’s Birthday

Part-time and temporary employees, including summer employees, are not eligible for holiday pay.

Holiday pay shall be at the employee’s regular straight-time rate, inclusive of shift premiums, times their
regularly scheduled hours.

*PTO Chart is based on a 5 day work-week.

Religious observances
Employees who need time off to observe religious practices or holidays not already scheduled by the
company should speak with their supervisor. Depending upon business needs, the employee may be
able to work on a day that is normally observed as a holiday and then take time off for another religious
day. Employees may also be able to take PTO or take off unpaid days. The company will seek to
reasonably accommodate individuals’ religious observances.

Guidelines for eligible employees with Paid Time Off (PTO):

• Eligible employees accrue PTO on a weekly basis; however, in Rutter’s HRIS it shows the total
amount of PTO you will earn if employed through the end of the year.
• Supervisors will make every effort to honor all PTO requests. In the beginning of the year, PTO is
granted using a combination of seniority and priority week listings on employee’s forms. PTO
requested during the year will be granted on a first come first serve basis with staffing
requirements, departmental needs, workload, and seniority being considered when approving
PTO requests.
• Employees must use any earned PTO and/or sick time prior to taking time off without pay.
• PTO may be scheduled at any time in increments that suit the business needs of the department
upon approval by your Supervisor. This may require some employees to use PTO at certain times
of the year and prohibit PTO scheduling at other times of the year. Supervisors will not operate
short-staffed at the end of the year or around Holidays in an attempt to accommodate those
employees who fail to schedule PTO days.
• Generally, employees should submit PTO requests via the company’s HRIS system and written
form to supervisor for approval at least 2 weeks in advance of the requested PTO date. up to a
maximum of 2 weeks in a row.
• Exempt employees who receive sick time must use PTO or paid out for in the year it is earned;
PTO may not be carried over.
• Exempt and non-exempt employees who do not receive sick time are eligible to participate in
the PTO Buy Back (below)
• Employees whose employment terminates (voluntarily or involuntarily) will be paid for unused
PTO that has earned during the calendar year of the termination.
• Employees whose employment terminates (voluntarily or involuntarily) and have used PTO
beyond what is earned, the amount overused will be deducted from your final paycheck.

PTO Buy Back

• The PTO Buy Back allows employees to sell back or cash in unused PTO accrued 1/1-12/31.
• Employees that would like to cash in PTO must complete a Buy Back form and submit to their
Supervisor for approval.
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 • The PTO Buy Back must be used in full day increments only. You will be paid out as if it were a
normal PTO day. For example, if you work an 8-hour day you will receive 8 hours of regular pay.
If you work a 9-hour day you will receive 8 hours of regular pay and 1 hour of OT pay. *PTO
remaining in the December redemption period may be bought back in any hourly increment.
• You must use at least one PTO week to be eligible for the buy back.
• No more than one week’s worth of PTO may be cashed in at a time or per redemption month.
• Redemption months are April, July, September, and December only. Buy backs will be paid out
on the last check of the month.
• Signed forms must be turned in to the Payroll Department by the 15th of the redemption
month.
• Employees with sick days cannot carry over unused PTO to the following year.

Sick Time
Guidelines for eligible employees with paid sick days.

• Eligible employees accrue Sick on a weekly basis; however, in Rutter’s HRIS it shows the total
amount of Sick you will earn if employed through the end of the year.
• Employees must use any earned PTO and/or sick time prior to taking time off without pay.
• Eligible employees earn 5 sick days per year. Similar to PTO days, sick days are not considered
fully earned until the end of the calendar year.
• Employees may carry earned sick days over from one year to the next. The maximum earned
allowed for employees eligible for sick days is 15 days.
• If the need for sick leave is foreseeable, employees should give advance notice (i.e., a planned
medical treatment) whenever possible. If the need for sick leave is not foreseeable, employees
are asked to notify their supervisor as soon as is practical.
• If employee misses 3 or more consecutive days because of illness, Rutter’s may require the
employee to provide a physician’s written permission to return to work.
• If a Manager/Human Resources is made aware an employee sought care, Rutter’s may require
the employee to provide a physician’s written permission to return to work.
• Employees whose employment terminates (voluntarily or involuntarily) will be paid for unused
sick time that has earned during the calendar year of the termination.
• Employees whose employment terminates (voluntarily or involuntarily) and have used sick time
beyond what is earned, the amount overused will be deducted from your final paycheck.

Family and Medical Leave

Rutter’s complies with the federal Family and Medical Leave Act (FMLA), which requires employers to
grant unpaid leaves of absence to qualified workers for certain medical and family-related reasons.
FMLA runs concurrently with other types of leave, e.g., Short-Term Disability and Workers’
Compensation leave.

Basic Leave Entitlement. The FMLA requires covered employers to provide up to 12 weeks of unpaid,
job-protected leave to eligible employees for the following reasons:

(1) for incapacity due to pregnancy, prenatal medical care, or child birth;
(2) to care for the employee’s child after birth or placement for adoption or foster care;
(3) to care for the employee’s spouse, son or daughter, or parent who has a serious health condition;
(4) for a serious health condition that makes the employee unable to work.

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Leave for either for reasons 1 and 2 must be completed within the 12-month period beginning on the
date of birth or placement. In addition, in cases where a married couple is employed by Rutter’s, the
two spouses together may take a combined total of 12 weeks’ leave during any 12-month period.

Military Family Leave Entitlements. Eligible employees with a spouse, son, daughter, or parent on
active duty or called to active duty status in the National Guard or Reserves in support of a contingency
operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying
exigencies may include addressing issues that arise from:

(1) short notice of deployment (limited to up to seven days of leave);

(2) attending certain military events and related activity;
(3) arranging childcare and school activities;
(4) addressing certain financial and legal arrangements;
(5) attending certain counseling sessions;
(6) spending time with covered military family members on short-term temporary rest and recuperation
leave (limited to up to five days of leave);
(7) attending post-deployment reintegration briefings;
(8) arranging care for or providing care to a parent who is incapable of self-care; and
(9) any additional activities agreed upon by the employer and employee that arise out of the military
member’s active duty or call to active duty.

When both spouses work for Rutter’s, the aggregate amount of leave that can be taken by the husband
and wife is 12 weeks.

The FMLA also includes a special leave entitlement that permits eligible employees to take up to 26
weeks of leave to care for a covered service member during a single 12-month period. A covered service
member is a current member of the Armed Forces, including a member of the National Guard or
Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render
the service member medically unfit to perform his or her duties and for which the service member is
undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the
temporary disability retired list. When both spouses work for Rutter’s, the aggregate amount of leave
that can be taken by the spouses is 26 weeks in a single 12-month period for above.

Benefits and Protections during FMLA Leave. During FMLA leave, the Company will maintain the
employee’s health coverage under any “group health plan” on the same terms as if the employee had
continued to work. If paid leave is substituted for unpaid FMLA, the company will deduct your portion
of the health plan premium as a regular payroll deduction. If your leave is unpaid, you must pay your
portion of the premium. Your healthcare coverage will cease if your premium payment is more than 30
days late. If your payment is more than 15 days late, we will send you a letter to this effect. If we do not
receive your co-payment within 15 days after the date of this letter, your coverage may cease. If you
elect not to return to work for at least 30 calendar days at the end of the leave period, you will be
required to reimburse the company for the cost of the premiums paid by the company for maintaining
coverage during your unpaid leave, unless you cannot return to work because of a serious health
condition or other circumstances beyond your control.

Upon return from FMLA leave, most employees will be restored to their original or equivalent positions
with equivalent pay, benefits, and other employment terms. However, an employee on FMLA leave
does not have any greater right to reinstatement or to other benefits and conditions of employment
than if the employee had been continuously employed during the FMLA leave period.

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PTO and sick time cannot be earned while on FMLA leave; therefore, the employee will lose a portion of
their eligible PTO/sick time for the year.

Certain highly compensated key employees also may be denied reinstatement when necessary to
prevent “substantial and grievous economic injury” to the Company’s operations. A “key” employee is
an eligible salaried employee who is among the highest paid ten percent of the Company’s employees
within 75 miles of the worksite. Employees will be notified of their status as a key employee, when
applicable, after they request FMLA leave.

Use of FMLA leave cannot result in the loss of any employment benefit that earned prior to the start of
an employee’s leave.

Employee Eligibility
The FMLA defines eligible employees as employees who:
• have worked for the Company for at least 12 months;
• have worked for the Company for at least 1,250 hours in the previous 12 months (rolling 12-
month period measured backward from the date an employee uses FMLA leave; and
• work at or report to a worksite which has 50 or more employees or is within 75 miles of
Company worksites that taken together have a total of 50 or more employees.

Definition of Serious Health Condition

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

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

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

Substitution of Paid Leave for Unpaid Leave

Rutter’s requires employees to use any earned paid vacation and sick days during an unpaid FMLA leave
taken because of the employee’s own serious health condition or the serious health condition of a
family member or to care for a seriously ill or injured family member in the military. In addition, the
employee must use any earned paid vacation (but not sick days) during FMLA leave taken to care for a
newborn or newly placed child or for a qualifying exigency arising out of a family member’s active duty
or call to active duty status in support of a contingency operation. In order to use paid leave for FMLA
leave, employees must comply with the Company’s normal paid leave procedures found in its PTO and
Sick Leave policies.

Employee Responsibilities

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Employees must provide 30 days advance notice of the need to take FMLA leave when the need is
foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as
practicable and generally must comply with the Company’s normal call-in procedures. The Company
may delay leave to employees who do not provide proper advance notice of the foreseeable need for
leave, absent unusual circumstances preventing the notice.

Employees must provide sufficient information for the Company to determine if the leave may qualify
for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may
include that the employee is unable to perform job functions, the family member is unable to perform
daily activities, the need for hospitalization or continuing treatment by a health care provider, or
circumstances supporting the need for military family leave. Employees also must inform the Company
if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees
also are required to provide a certification and periodic recertification supporting the need for leave.
The Company also may require a second, and if necessary, a third opinion (at the Company’s expense)
and, when the leave is a result of the employee’s own serious health condition, a fitness for duty report
to return to work. The Company also may delay or deny approval of leave for lack of proper medical
certification. Employees who fail to provide requests and required documentation within the timeframe
guidelines will be considered to have voluntarily resigned their employment.

Company Responsibilities
The Company will inform employees requesting leave whether they are eligible under the FMLA. If they
are, the notice will specify any additional information required as well as the employees’ rights and
responsibilities. If employees are not eligible, the Company will provide a reason for the ineligibility.

The Company will inform employees if leave will be designated as FMLA-protected and the amount of
leave counted against the employee’s FMLA leave entitlement. If the Company determines that the
leave is not FMLA-protected, the Company will notify the employee.

Other Provisions
Under an exception to the Fair Labor Standards Act (FLSA) in the FMLA regulations, hourly amounts may
be deducted for unpaid leave from the salary of executive, administrative, and professional employees;
outside sales representatives; certain highly-skilled computer professionals; and certain highly
compensated employees who are exempt from the minimum wage and overtime requirements of the
FLSA, without affecting the employee’s exempt status. This special exception to the “salary basis”
requirements for the FLSA’s exemptions extends only to eligible employees’ use of FMLA leave.

Employees may not perform work for self-employment or for any other employer during an approved
leave of absence, except when the leave is for military or public service or when the Company has
approved the employment under its Outside Employment policy and the employee’s reason for FMLA
leave does not preclude the outside employment.

Unlawful Acts by Employers

The FMLA makes it unlawful for any employer (1) to interfere with, restrain, or deny the exercise of any
right provided under the FMLA; or (2) to discharge or discriminate against any person for opposing any
practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the
FMLA.

Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit
against an employer.

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The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or
local law or collective bargaining agreement which provides greater family or medical leave rights.

Personal Leave of Absence

An unpaid personal leave of absence may be granted upon request by an employee for important
pressing personal needs, ADA or non FMLA eligible leaves, at the discretion of your supervisor and the
Human Resources department. Accepting employment elsewhere is not unpaid leave and constitutes a
termination of employment at Rutter’s.

Provisions
• Unpaid personal leave may only be requested once all other appropriate leave balances have
been exhausted.
• No benefits will be earned while an employee is on an unpaid personal leave of absenced.
• PTO and sick time cannot be earned while on personal leave; therefore, the employee will lose a
portion of their eligible PTO/sick time for the year.
• The employee’s benefits will be terminated through Rutter’s, but the employee and eligible
dependents will be offered COBRA. COBRA costs are the full portion of the premium plus an
administrative fee.
• Unpaid personal leaves are limited to one per year.

Short-Term Disability
Definition
Short-term Disability insurance pays a percentage of your salary if you become temporarily disabled,
which means that you are not able to work for a short period of time due to sickness or injury not
related to your job

Eligible employees
Full-Time Dairy Employees

Eligibility
Eligible employees will be enrolled in Short-Term Disability the 1st of the month after one year of
employment.

Details
• 14-day unpaid Waiting Period.
• Employees are required to use all earned PTO and/or Sick time (including carry over days)
before Short-term disability begins.
• Employees who have not earned enough PTO and/or Sick Time for the unpaid Waiting Period
may choose to use 2 weeks over their accrued PTO amount, not to exceed the total amount
accrued at the end of the year.
• The employee must be under the care of a licensed physician and submit the required
documentation by the deadlines set by the Plan.
• Maximum benefit duration is 11 weeks.
• Benefits are paid weekly as follows:
▪ Class 1 (EXEMPT employees)-50% of weekly wage, up to a maximum of $700.
▪ Class 2 (NON-EXEMPT employees)-50% of weekly wage, up to $450.
• Benefits will cease upon the occurrence of any of the following events:
▪ End of disability;
▪ Death of employee;

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 ▪ Failure of Benefit Conditions. The employee fails to comply with all of the
conditions and actions required of the employee; OR
▪ Meeting maximum benefit duration

Any questions regarding Short-Term Disability can be directed to the Human Resources department.

Military Leave
Rutter’s supports the military obligations of all employees and grants leaves for uniformed service in
accordance with applicable federal and state laws. Any employee who needs time off for uniformed
service should immediately notify the Human Resources department and their supervisor, who will
provide details regarding the leave. If an employee is unable to provide notice before leaving for
uniformed service, a family member should notify the supervisor as soon as possible.

Upon return from military leave, employees will be granted the same seniority, pay, and benefits as if
they had worked continuously. Failure to report for work within the prescribed time after completion of
military service will be considered a voluntary termination.
All employees who enter military service may accumulate a total absence of 5 years and still retain
employment rights.

Bereavement Leave
Bereavement leave time is granted for making funeral arrangements, attending the funeral and burial,
paying respects to the family at a wake or visitation, dealing with the deceased’s possessions and will,
and any ancillary matters that employees must address when a loved one dies.
• Full-Time employees with more than 3 months’ service may take up to 3 days of paid
bereavement leave for the death of an employee’s spouse, parents, stepparents, children,
stepchildren.
• Full-Time employees with more than 3 months’ service may take up to 2 days of paid
bereavement leave for the death of a sibling or step sibling.
• Full-Time employees with more than 3 months’ service may take up to 1 day of paid
bereavement leave for the death of a grandparent, grandchild or mother-in-law/father-in-law.

All Employees may schedule leave with their supervisor’s permission. Eligible employees should submit
their Bereavement pay request in the HRIS. The company may require verification of the need for the
leave. The employee’s supervisor and Human Resources will consider this time off on a case-by-case
basis.

Payment for bereavement leave is computed at the regular hourly rate up to a maximum of the
employees’ standard workday.

Jury Duty/Court Appearance

To provide income protection while an employee carries out his or her civic responsibility, Rutter’s
provides the difference between jury duty pay and an employee’s regular day’s pay for time spent
serving on jury duty. Generally, income protection for time spent serving on jury duty will be provided
for a maximum of five workdays. Additional income-protected time away from the workplace for this
purpose will be considered on a case-by-case basis.

Temporary Light Duty Job Assignments (TLD)

Rutter’s recognizes that employees with a temporary work-related illness or injury, or who have
temporary restrictions related to pregnancy may be temporarily unable to perform the essential
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functions of their position, yet, may still be able to make significant contributions to the organization. In
such situations, Rutter’s may attempt to create temporary assignments where the individual is
temporarily unable to perform one or more essential job functions. Nothing in this policy is intended to
abrogate or interfere with an employee’s rights under any State or Federal law, including but not limited
to, the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA).

Temporary Light Duty (TLD) is defined as a temporary job assignment to permit an employee with
medically necessary work restrictions arising from a work-related injury/illness or pregnancy, to return
to the workplace. A TLD will have a maximum length of 52 weeks and is contingent upon work
availability and the needs of the organization. Preference will be given in the order received and Rutter’s
may not be able to create TLD for all such requests based on its business needs. demands.

The employee is responsible for notifying their manager or Human Resources of restrictions arising from
a work-related injury/illness or pregnancy. Human Resources may request: medical documentation
substantiating the nature of the condition; evidence that it is a work-related injury or illness or
pregnancy; expected duration; job-related restrictions; and/or any other information that may be
necessary and relevant to evaluating the employee’s need for a TLD. If a TLD is warranted and approved,
Rutter’s will work with the employee’s manager and Human Resources to create an appropriate TLD
assignment for the employee.

Employees placed in a TLD assignment will be required to return to their pre-injury/illness/pregnancy

position when their work restrictions permit. TLD assignments are restricted to a duration of 52 weeks.
At the conclusion of the 52 weeks, Rutter’s will determine whether the employee can return to his/her
pre-injury/illness/pregnancy position. Rutter’s reserves the right to request updated medical
documentation at any time. At the conclusion of the 52 weeks of TLD, employees who are unable to
return to their regular position will be evaluated in accordance with any obligations Rutter’s may have
under State and Federal law.

While on TLD, an employee will be compensated at the rate equal to their base rate in their pre-
injury/illness/pregnancy position. Shift differential will not be paid unless the employee works during
qualifying time periods. Employees in a TLD assignment will be required to meet all performance and
conduct standards of Rutter’s. No employee will be released to his/her pre-injury/illness or pregnancy
position without documentation from a health care provider substantiating his/her ability to safely
perform all of the essential functions of the job.

*Rutter’s will provide accommodations for pregnancy, child birth and related medical conditions, even
when the employee is not disabled.

Questions regarding this policy should be directed to Human Resources.

Eligibility
Full-time employees are eligible to receive this benefit.

Responsibility
Upon receipt of notification from the state or federal courts of an obligation to serve on a jury or to act
as a court witness, the employee should notify their supervisor. The employee is required to provide
copies of the subpoena or jury summons to their supervisor and to the Human Resources department.

The supervisor will make scheduling adjustments to accommodate the employee’s obligation.

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Employees appearing in their own case as a plaintiff or defendant or for a non-subpoenaed court
appearance will not receive jury duty/court appearance pay. PTO or unpaid time should be used for such
instances.

Driver Information

Fleet Safety
The safety of our employees is extremely important to Rutter’s. This includes those employees who
drive company trucks and/or cars during the course of their day’s duties. This policy is designed to help
Rutter’s select only the most qualified drivers for open positions, to continue to train drivers once they
are on staff, and to identify and correct any driver deficiencies that may arise.

Common sense and defensive driving skills are the best tools available to all drivers. It is Rutter’s desire
to constantly remind you of this fact and it is our hope that these will then become a part of your daily
driving habits.

This policy does not replace any DOT regulations, but is in addition to them as well as all federal, state
and local laws.

DEFINITION OF TERMS
DOT Department of Transportation
MVR Motor Vehicle Record, the state’s report of one’s individual driving record.
Type 1 Driver Any employee who drives any type of company truck that requires a
CDL for the purpose of delivery and/or service.
Type 2 Driver Any employee who drives a company vehicle, car and/or truck that does not require a
CDL.
Type 3 Driver Any employee who drives their personal vehicle on a regular basis for company business
and is reimbursed by the company for mileage.

PART 1 DRIVER SELECTION

The first part of our safety program will be to ensure that we are hiring qualified candidates for open
driving positions. To do this we will use the criteria below and require that each of them be met before
an applicant is officially hired.

Successful completion of these items is a requirement for employment and all offers are conditional
until all of these conditions are met.

TYPE 1 DRIVER
• Photo of a valid driver’s license. License must match current residence’s address within 60 days.
• Satisfactory review of the applicant’s MVR as defined in Part 6.
• Completely filled out and signed DOT application.
• New DOT Medical Examiners Certificate issued by Rutter’s medical facility of choice.
• Satisfactory completion of a driving test given by the Fleet Safety Director.
• Successful completion of a DOT pre-employment drug and alcohol test.

TYPE 2 AND 3 DRIVERS

• Photo copy of a valid driver’s license. License must match current residence’s address within 15
days.
• Satisfactory review of the applicant’s MVR as defined in Part 6.
• Successful completion of a pre-employment physical and a drug and alcohol test.

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PART 2 ON-GOING TRAINING

Part two of our program will be on-going training and monitoring of our employees and their driving
records. Once you are hired safety does not go away, it becomes more important. We will try to provide
you with all of the tools and information that you need to be a safe driver. Any suggestions for
improvement in this area are welcome. Below is a list of requirements that all drivers must meet in
order to maintain their driving privileges with Rutter’s. Any employee that cannot meet these
requirements on a yearly basis, or as requested, will be prohibited from driving any company vehicle
immediately and continued employment will depend on the employee’s ability to meet all job
requirements without driving privileges. Any employee who loses or gets a suspended driver’s license
must notify the Fleet Safety Director and their supervisor immediately; failure to do so will result in
termination.

TYPE 1 DRIVER

• Must participate in our DOT drug and alcohol program, which includes random testing.
• Must keep a valid Medical Examiners Certificate, from Rutter’s medical facility of choice. It is the
employee’s responsibility to keep track of the dates on their Medical Examiners Certificate. It is
also the employee’s responsibility to send a current copy of their Medical Examiners Certificate
to the state as required by the state.
• Provide a yearly photocopy of their valid driver’s license.
• Sign off so Rutter’s may obtain a yearly copy of the employee’s MVR.
• MVR must meet qualifications as specified in Part 6.
• Attend all safety and regulatory training as scheduled.
• Comply with any other safety measures Rutter’s may deem necessary in the future.
• Rutter’s reserves the right to require any driver who repeatedly exhibits unsafe driving to attend
safety training, at the employee’s expense, as a condition of their continued privilege to drive a
Rutter’s vehicle. Continued employment will be dependent on their ability to perform all of their
job’s functions without their driving privilege.

TYPE 2 AND 3 DRIVERS

• Provide a yearly copy of their valid driver’s license.

• Sign off so Rutter’s may obtain a bi-yearly copy of the employee’s MVR.
• MVR must meet qualifications as outlined as outlined in Part 6.
• Attend all safety and regulatory training that may be scheduled.
• Comply with any other safety measures Rutter’s may deem necessary in the future.
• Rutter’s reserves the right to require any driver who repeatedly exhibits unsafe driving to attend
additional safety training, at the employee’s expense, as a condition of their continued privilege
to drive a Rutter’s vehicle. Continued employment will be dependent on their ability to perform
all of their job’s functions without their driving privilege.

TYPE 3 DRIVERS

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Must provide a copy of a valid personal automobile insurance policy for the vehicle used for company
duties. This policy must be for at least the state mandated minimums and we must have a copy updated
with each policy term.

PART 3 ACCIDENTS
As much as you try to avoid them, sooner or later you may be involved in an accident. This section is
written to give you a list of what to do and what not to do at the scene of an accident as well as the
company guidelines governing accidents.

At an accident scene remain calm, do not panic. Make sure everyone is OK, if not call for medical
personal immediately. Do not admit responsibility to anyone.

Whether you are involved in the accident or are the first on the scene, you are only permitted to render
aid within your trained skills and only if you have the proper personal protective equipment available.

Police should be called to all accident scenes involving Rutter’s vehicles. If the police do not respond
please document the time that the call was placed.
You are to cooperate at all times with all authorities.

Along with the police report you need to document the following information:
• All involved parties; names, addresses, phone numbers and driver’s license.
• License plate numbers of all involved vehicles.
• All involved driver’s insurance policy’s names and policy number.
• Names, addresses and phone numbers of any and all witnesses.
• Name of officer and department name and phone number of responding police.
• Notes of what happened.

Never admit guilt or liability at any accident scene, even if you are at fault.

If your vehicle is being towed from the scene make sure you know where it is going.
Call the Director of Transportation and your supervisor as soon as reasonably possible. Leave them a
voice mail 24 / 7. The Director of Transportation is Aaron Raby (717) 434-4149.

As soon as reasonably possible, the same day, complete all accident paperwork to the satisfaction of the
Director of Transportation. If needed, we may bring the forms to you at the hospital or your home for
you to fill out. Failure to report an accident or complete the paperwork in a timely fashion may result in
disciplinary action.

You will be required to cooperate with all company and insurance company investigations into the
accident. You will be expected to participate in any and all legal and civil proceedings that are a result of
the accident.

Type 1 drivers who have an accident may have to go for a DOT post-accident drug and/or alcohol test if
certain criteria are met. If the DOT criteria are not met the company still reserves the right to send you
for a post-accident test.

Type 2 and 3 drivers that have an accident will follow the DOT criteria. If the DOT criteria are not met
the company still reserves the right to send you for a post-accident drug and/or alcohol test.

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All accidents will be subject to review by the Accident Review Committee and their findings.

PART 4 VEHICLE MAINTENANCE

A key to safe operation of a vehicle is maintaining that vehicle in proper condition. Vehicle maintenance
is everyone’s responsibility. Drivers are the key; the driver operates the vehicle every day. They are the
ones who need to notice when their vehicle is not operating correctly. This must be reported. The
company is responsible to see that a qualified technician corrects the problem or remove that vehicle
from service until such repairs can be made.
The information below will help you understand who is responsible for what and how to properly report
problems.

All drivers are responsible for monitoring the fluid levels in their vehicle’s engine and reefer unit.

TYPE 1 DRIVER
• Drivers are responsible for maintaining all engine and reefer fluid levels at proper amounts.
• Drivers must fill out a Driver Vehicle Inspection Report (DVIR) and adequately describe any
defects found. This form must then be put in the designated place (see Distribution Procedure
#2 DVIR).
• Drivers are responsible for their own fueling. Again, all fuel slips must be completely filled out
and put in the designated place.

TYPE 2 DRIVERS
• Drivers are responsible for maintaining all engine fluid levels at the proper level. They are also
responsible for getting all of these fluids changed at the company stated intervals. The vehicle
must be taken to the company’s designated place for this work to be done and the company will
pay for this service.
• Drivers are responsible for their own fueling. Fueling must be done at an approved location and
all the paperwork and receipts must be handed in completed and in a timely fashion.
• Any vehicle mechanical issues must be reported to the person responsible for vehicle repairs
immediately. Currently that person is Todd Rutter at (717) 771-5976 or Aaron Raby at (717) 434-
4149. He will schedule the repairs for you. You are responsible for taking and retrieving the
vehicle from the repair shop. If the break down involves a major component of the car he or the
Director of Transportation will determine if the vehicle is allowed to be driven until the repairs
are made. If you are unsure of the effects on your safe driving because of the problem with your
vehicle, you need to ask. Never assume it will operate safely.

• Any issues that the driver feels are not adequately met with regards to vehicle repairs should be
immediately addressed with their supervisor and/or the Director of Transportation. It is Rutter’s
policy that no unsafe vehicle should be on the road.

TYPE 3 DRIVERS
• Drivers are required to provide their own vehicles.
• Drivers are responsible for all maintenance of their vehicles.
• Drivers are responsible for all repairs to their vehicles.
• Drivers are responsible for all costs of insuring and registering their vehicles.
• Drivers are responsible for paying for any insurance deductibles relating to their vehicles.
• Drivers are responsible for paying for all fuel for their vehicles.

PART 5 SAFETY REGULATIONS

• All drivers of company vehicles must maintain a valid driver’s license.
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 • Failure to notify the Director of Transportation and your supervisor of a license suspension or
loss of license will result in automatic termination.
• Any employee who losses their driving privilege; continued employment will depend on their
ability to meet their job requirements without driving privileges.
• Seat belts must be worn at all times.
• No employee shall ever operate a vehicle while under the influence of drugs and/or alcohol.
• No employee shall ever fuel a vehicle while the motor is running.
• No employee shall ever smoke while fueling a vehicle.
• No employee is permitted to pick up hitchhikers in company vehicles.
• Obey all State and Local driving regulations.
• Cell phone or any hand-held electronic device is not to be used while driving. If vehicle is
equipped with a hands-free device it should be utilized. If a hands-free device is not available,
you must pull safely off the road before using your cell phone.
• The use of radar detectors is not permitted in any company vehicle.
• Refusal to submit to a drug and/or alcohol test is treated the same as a positive result.
• Drivers are financially responsible for all fines received in the company vehicle that are directly a
result of the driver’s actions. The company will only pay those fines that are assessed to the
vehicle itself.
• Company vehicles are for company business only. Personal use is covered in the employee
handbook.
• No driver may have unauthorized passengers, this includes family and friends.
• All accidents must be reported ASAP to the Fleet Safety Director and your supervisor.
• No employee shall use or permit use of a company vehicle in an unauthorized manner.
• Smoking is not permitted in any company vehicle at any time.
• Radios are to be kept at a moderate volume level and obscene or vulgar music is prohibited.
• No one other than the authorized employee should ever drive the company vehicle.

PART 6 MVR QUALIFICATION

The standards are as follows:
Minor Violations: Major Violations:
Any moving violation other than a Major
(except):
• Motor vehicle equipment, load or size • Driving under the influence of drugs
requirement and/or alcohol

• Improper failure to display license plates • Failure to stop / report and accident
(if they exist) • Reckless driving / speeding contest
• Failure to sign or display registration • Driving while impaired
• Failure to have driver’s license in • Making a false accident report
possession (if valid license exists) • Homicide, manslaughter or assault arising
• Failure to maintain an insurance out of the use of a vehicle
verification card in vehicle • Driving while license is suspended /
revoked
• Careless driving
• Attempting to elude a police officer
• Verbal or physical assault on another
vehicle operator

INSTRUCTIONS

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Computation is extremely simple. MVR’s are defined as “Clean” or “Not Clean” based upon the number
of violations and at-fault accidents in the last 3 years. Any MVR determined “Not Cleaned” will be
reviewed with the employee by the Fleet Safety Director.

Motor Vehicle Record Grading Criteria (last 3 years):

Number of Minor Violations Last 3 years from the date the MVR is run.

0 Clean
1 Clean
2 Borderline
3 Borderline
4 Not Clean
Any Major Violation Not Clean
Number of At-Fault Accidents Last 3 years from the date the MVR is run.

0 Clean
1 Borderline
2 Borderline
3 Not Clean

PART 7 ACCIDENT REVIEW COMMITTEE

Purpose
• To determine if an accident was preventable after all the facts have been properly reviewed and
considered.
• To provide a basis for the employee’s supervisor to take prompt and corrective action to reduce
the possibility of similar accidents occurring in the future.
• To provide a basis to determine an employee’s eligibility to receive fleet safety awards and to
qualify for the fleet safety incentive program.

In order to accomplish these goals, the company has initiated an Accident Review Committee (ARC). It
will be the responsibility of the ARC to meet at the end of each month when an accident occurs in that
month to review the accident and to render a decision on the preventability of each accident. The
accident review committee will meet immediately after a fatal accident.

Membership to the ARC will be as follows:

• President
• Director of Transportation
• Human Resource Representative
• 3 Peer Employees

Every driver involved in an accident will receive a letter informing them whether the accident has been
deemed chargeable (preventable) or non-chargeable (non-preventable) by the ARC. If chargeable, the
accident will become part of the employee’s fleet driving record and will result in formal disciplinary
action being taken to rectify the poor driving habit. Depending on the severity, discipline can range from
a verbal warning, written warning, suspension or termination according to our progressive discipline
policy.

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If the employee disagrees with the committee’s decision, they may, in writing, appeal to the Director of
Transportation within ten (10) calendar days from receipt of the initial notification letter. The President
will than conduct a separate investigation and advise the employee in writing within thirty (30) calendar
days of his decision. The decision of the President will be final.

The employee will not be subjected to progressive discipline while an accident is under appeal. When
investigating an accident, any available police reports and/or citations issued will be taken into
consideration.

Distribution Policy and Procedure for CDL and non CDL Drivers

DOT Regulations (CDL Drivers)

Medical Examiner’s Certificate

It is the responsibility of the driver to notify Rutter’s of their Medical Examiner’s Certificate expiration
date. The Director of Transportation will work with you to schedule your re-certification physical. It is
also the responsibility of the driver to self-certify with their licensing jurisdiction.

Self-Certification
As part of the Motor Carrier Safety Improvement Act, the Federal Motor Carrier Safety Administration
(FMCSA) amended the Federal Carrier Safety Regulations (FMCSRs) to require interstate commercial
driver’s license (CDL) holders, subject to the physical qualification requirements of the FMCSRs, to
provide a current copy of their Medical Examiner’s Certificate to their state driver licensing agency.

What is a Self-Certification Form?

The new Federal regulations require commercial drivers to self-certify the type of driving in which they
operate or expect to operate. The self-certification process will identify commercial drivers that operate
in Non-excepted transportation, therefore identifying which drivers are required to submit a copy of
their Medical Examiner’s Certificate to Penn Dot or their licensing jurisdiction. Commercial drivers are
required to certify using Penn Dot’s Self-Certification Form (DL-11CD), which can be obtained online by
visiting the Commercial Driver Information Center at www.dmv.state.pa.us or
http://dmv.state.pa.us/centers/commercialDriversCenter.shtml.

Who Must Submit a Self-Certification Form?

Every driver who currently has a commercial driver’s license, as well as every driver applying for a
commercial learner’s permit, must submit a self-certification form.

What is the Definition of Non-Excepted Interstate?

A person who must certify that they operates or expects to operate in interstate commerce, is both
subject to and meets the qualification requirements under 49 CFR part 391, and is required to obtain a
Medical Examiner’s Certificate:

IF YOU HOLD A CDL AND WORK FOR RUTTER’S DAIRY YOU ARE A “NON-EXCEPTED INTERSTATE
DRIVER”

What are the Consequences for not submitting the Required Information by the Deadline?
The penalty for failing to submit the Medical Examiner’s Certificate and/or Self-Certification Form by the
deadline is the immediate removal of the commercial driving designation. Drivers who have had the
commercial designation removed (downgraded to a non-commercial driver’s license) will be required to

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apply for a commercial learner’s permit and complete all required testing and training, if applicable,
prior to being reissued a commercial driver’s license.

SELF-CERTIFY
What Happens to the Medical Examiner’s Certificate Information if the CDL Holder Moves Out of
Pennsylvania?
It depends on the self-certified driving type. If a CDL holder is a Non-excepted Interstate driver, the
Federal regulations require the Commercial Driver’s License Information System (CDLIS) to capture and
store the Medical Examiner’s Certificate information. During the process of transferring their
Pennsylvania driver’s license to the new state of residence, CDLIS will provide the new state with the
stored information. (Please note that CDLIS is governed by and in compliance with state and Federal
Driver Privacy Protection Act standards)

For more information on this topic, please feel free to visit the Commercial Driver Information Center on
the Penn Dot website at:

www.dmv.state.pa.us
or
Call 1-800-932-4600
You may also mail inquiries to:
Penn Dot
Bureau of Driver Licensing
PO Box 69008
Harrisburg, PA 17106-9008
Changes in DOT Regulations
Drivers should review the DOT regulations frequently as they do change occasionally. The company
Director of Transportation will do his best to keep drivers updated, but ultimately the driver is
responsible to be “legal behind the wheel.”

Driver Vehicle Inspection Reports DVIR(s) (CDL Drivers)

DRIVERS ARE REQUIRED TO COMPLETE A DRIVER VEHICLE INSPECTION REPORT DAILY.

At the end of your trip you will need to make sure the different copies of the Driver Vehicle Inspection
Report get placed in the proper place:

ORIGINAL (MOTOR CARRIER) (White Copy); goes on the clip on the visor in your truck; whether
there are defects or not. This copy will be reviewed by the next driver and if any defects noted
the DVIR must be signed off on by the reviewing driver. This copy will then be turned into The
Fleet Safety Director and be kept on file for 3 months as per the FMCSA.

SERVICE DEPARTMENT (Yellow Copy); If there are no defect(s) this copy stays in the book. If you
do have a defect(s) then this copy gets placed in the DVIR write-up box inside of the shed at the
top of the hill.

DISPATCH COPY (Pink Copy); gets turned in to your supervisor the same day it is filled out. If
there is a safety defect / deficiency then you MUST notify your supervisor of the defect. DO NOT
put this copy in your supervisor’s in box without notifying your supervisor if there is a safety
defect / deficiency.

EXTRA COPY (Gold Copy) stays in the book.

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Part of your pre-trip is to review the ORIGINAL (MOTOR CARRIER) that was placed on the clip on the
visor by the previous driver. If there are no defects noted, then there is no signature required on this
copy. If there are defects noted, then you will need to verify that the defects have been corrected. If the
defect(s) have been corrected, then you will need to sign off as the verifying driver. This copy will always
need to be turned into the Fleet Safety Director.

If you encounter defects on the ORIGINAL (MOTOR CARRIER) during your pre-trip that could affect the
safety of the operation of the vehicle, then you MUST verify that the defect(s) have been corrected. If
they have not been corrected then the unit CANNOT LEAVE the dairy complex.

Vehicle Accident Reports (CDL Drivers)

The following steps should be taken if you are involved in a motor vehicle accident:
• Secure the scene of the accident.
• Remain calm.
• Make sure there are no injuries to yourself or others.
• Only render aid within your training skills and if you have proper PPE (Personal Protective
Equipment) available.
• Do not admit to any responsibility.
• Call the police, medical personnel or rescue personnel as needed.
• If the police do not report to the scene, make sure all information is documented pertaining to
the call, i.e. time, authority contacted.
• Make sure all information of other parties is on the Driver’s Report.
• Call the Director of Transportation immediately.
• Refer to the “Accident Reporting kit” that should be located in your vehicle. Following the
guidelines in this kit will help ensure that all pertinent information is recorded accurately
including officer’s name and office phone number(s).
• Take pictures if a camera is available.

When you call the Director of Transportation, he will need to ask you a set of questions. This will
determine whether or not you will need to go to the testing facility for DOT on a non-DOT post-accident
drug and/or alcohol test.

The Director of Transportation will assist you in filling out an accident report upon your return to the
Dairy.

If the DOT requirements are not met to send you for a DOT post-accident drug and/or alcohol, Rutter’s
reserves the right to send the driver if they feel the need to do so.

Drug and Alcohol Testing Policy (CDL Drivers)

Our company is dedicated to the health and safety of our drivers. Drug and/or alcohol use may pose a
serious threat to driver health and safety. Therefore, it is the policy of our company to prevent the use
of drugs and abuse of alcohol from having an adverse effect on our drivers.

The serious impact of drug use and alcohol abuse has been recognized by the federal government. The
Federal Motor Carrier Safety Administration (FMCSA) has issued regulations which require the company
to implement an alcohol and controlled substances testing program.

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The purpose of the FMCSA issued regulations is to establish programs designed to help prevent
accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of
commercial motor vehicles.

The company will comply with these regulations and is committed to maintaining a drug-free
workplace.
It is the policy of Rutter’s Dairy that the use, sale, purchase, transfer, possession, or presence in one’s
system of any controlled substance (except medically prescribed drugs) by any driver while on the
company premises, engaged in company business, operating company equipment, or while under the
authority of our company is strictly prohibited. Disciplinary action will be taken as necessary.

Neither this policy nor any of its terms are intended to create a contract of employment or contain the
terms of any contract of employment. The company retains the sole right to change, amend, or modify
any term or provisions of this policy without notice. This policy is effective June 1, 2012 and will
supersede all prior policies and statements relating to alcohol or drugs.

DRUG AND ALCOHOL TESTING PROCEDURES

Regulatory Requirements
Any drivers who operate commercial motor vehicles that require a commercial driver’s license under 49
CFR Part 383 are subject to the Federal Carrier Safety Administration’s (FMCSA’s) drug and alcohol
regulations, 49 CFR Part 382.

Non-Regulatory Requirements
The Federal Motor Carrier Safety Regulations (FMCSRs) set the minimum requirements for testing. The
company’s policy in certain instances may be more stringent. This policy will clearly define what is
mandated by the FMCSRs and what company procedure is.

Who is Responsible?
It is the company’s responsibility to provide testing for the driver that is in compliance with all federal
and state laws and regulations, and within the provisions of this policy. The company will retain all
records related to testing and the testing process in a secure and confidential matter.

Our company’s alcohol and drug program administrator who is designated to monitor, facilitate, and
answer questions pertaining to these procedures is: Director of Transportation, Aaron Raby, (717) 434-
4149.

The driver is responsible for complying with the requirements set forth in this policy. The driver will not
use, have possession of, abuse, or have the presence of alcohol or any controlled substance in excess of
regulation established threshold levels while on duty. The driver will not use alcohol within 4 hours of
performing a ‘safety-sensitive’ function, while performing a ‘safety-sensitive’ function, or immediately
after performing a ‘safety-sensitive’ function. All supervisors must make every effort to be aware of a
driver’s condition at all times the driver is in service of the company. The supervisor must be able to
make reasonable suspicion observations to determine if the driver is impaired in some way, and be
prepared to implement the requirements of this policy if necessary.

In accordance with FMCSA rules, urinalyses will be conducted to detect the presence of the following
substances:

• Marijuana
• Cocaine

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 • Opiates
• Amphetamines
• Phencyclidine (PCP)

Detection levels requiring a determination of a positive result shall be in accordance with the guidelines
adopted by the FMCSA in accordance with the requirements established in 49 CFR, Section 40.87.

Designated employer representative (DER) is an individual identified by the employer as able to receive
communications and test results from service agents and who is authorized to take immediate actions
to remove drivers from safety-sensitive duties and to make required decisions in the testing and
evaluation processes. The DER for Rutter’s Dairy is The Fleet Safety Director.

SAFETY-SENSITIVE FUNCTION
Safety-sensitive function means all time from the time a driver begins to work or is required to be in
readiness to work until the time they are relieved from work and all responsibility for performing work.

Safety-sensitive functions include:

• All time at an employer or shipper, plant, terminal, facility, or other property, or on any public
property, waiting to be dispatched, unless the driver has been relieved from duty by the
company.
• All time inspecting equipment as required by Secs. 392.7 and 392.8 or otherwise inspecting,
servicing, or conditioning any commercial motor vehicle at any time.
• All time spent at the driving controls of a commercial motor vehicle in operation.
• All time loading or unloading a vehicle, or assisting in the loading or unloading.
• All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

ALCOHOL PROHIBITIONS
Part 382, Subpart B, prohibits any alcohol misuse that could affect performance of safety-sensitive
functions. This alcohol prohibition includes:
• Use while performing safety-sensitive functions.
• Use during the 4 hours before performing safety-sensitive functions.
• Reporting for duty or remaining on duty to perform safety-sensitive functions with an alcohol
concentration of 0.04 or greater.
• Use of alcohol for up to 8 hours following an accident or until the driver undergoes a post-
accident test.
• Refusal to take a required test.

NOTE: Per FMCSA regulation (Sec. 382.505), a driver found to have an alcohol concentration of 0.02 or
greater but less than 0.04 shall not perform, nor be permitted to perform, safety-sensitive functions for
at least 24 hours.

DRUG PROHIBITIONS
Part 382, Subpart B, prohibits any drug use that could affect the performance of safety-sensitive
functions. This drug prohibition includes:

• Use of any drug, except when administered to a driver by, or under the instructions of, a
licensed medical practitioner, who has advised the driver that the substance will not affect the
driver’s ability to safely operate a commercial motor vehicle. (Under federal law, the use of
marijuana or any Schedule 1 drug does not have a legitimate medical use in the United States).
• Testing positive for drugs.
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 • Refusing to take a required test.

As an employee of Rutter’s Dairy you could be subjected to 6 different types of drug and/or alcohol
testing:

• Pre-Employment
• Reasonable Suspicion
• Post-Accident
• Random
• Return to Duty
• Follow-Up

PRE-EMPLOYMENT (Sec. 382.301)

All driver applicants will be required to submit to and pass a urine drug test as a condition of
employment.

Each driver applicant will be asked whether they have tested positive, or refused to test, on any pre-
employment drug test administered by an employer to which the driver applicant applied for, but did
not obtain, safety-sensitive transportation work during the past 2 years.
If the driver applicant admits that they have tested positive, or refused to test, on any pre-employment
drug test the driver applicant may not perform any safety-sensitive functions for the company until and
unless the driver applicant documents successful completion of the return-to-duty process.

Driver applicant drug testing shall follow the collection, chain-of-custody, and reporting procedures set
forth in 49 CFR Part 40.

An employee of our company transferring to a driving position is also subject to and must pass a urine
drug test as a condition of the transfer.
Our company will not require a pre-employment drug test if the following conditions are met:

• The driver has participated in a drug testing program meeting the requirements of Part 382
within the previous 30 days.
• While participating in this program the driver must have either been tested for controlled
substances in the previous 6 months, or participated in a random drug testing program for the
previous 12 months.

REASONABLE SUSPICION TESTING (Sec. 382.307)

If the driver’s supervisor or another company official designated to supervise drivers believes a driver is
under the influence of alcohol or drugs, the driver will be required to undergo a drug and/or alcohol
test. The basis for this decision will be specific, contemporaneous, particular observations concerning
the appearance, behavior, speech, or body odors of the driver.

The driver’s supervisor or another company official will immediately remove the driver from any and all
safety-sensitive functions and take the driver or make arrangements for the driver to be taken to a
testing facility. The person who makes the determination that reasonable suspicion exists to conduct an
alcohol test may not administer the alcohol test.

Per FMCSA regulation, reasonable suspicion alcohol testing is only authorized if the observations are
made during, just preceding, or after the driver is performing a safety-sensitive function.

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Per FMCSA regulation, if the driver tests 0.02 or greater, but less than 0.04, for alcohol the driver will be
removed from all safety-sensitive functions, including driving a commercial motor vehicle for at least 24
hours.

If an alcohol test is not administered within two hours following a reasonable suspicion determination,
the program administrator will prepare and maintain a record stating the reasons why the test was not
administered within 2 hours. If the test was not administered within 8 hours after a reasonable
suspicion determination, all attempts to administer the test shall cease. A record of why the test was
not administered must be prepared and maintained.

A written record of the observations leading to an alcohol or controlled substance reasonable suspicion
test, signed by the supervisor or company official who made the observation, will be completed within
24 hours of the observed behavior or before the results of the alcohol or controlled substances test are
released, whichever is first. A driver awaiting the results of a reasonable suspicion drug test will be
suspended.

POST-ACCIDENT TESTING (Sec.382.303)

Drivers are to notify the Fleet Safety Director and their supervisor as soon as possible if they are
involved in an accident. According to FMCSA regulations (Sec. 382.303), if the accident involved:

• A fatality.
• Bodily injury with immediate medical treatment away from the scene and the driver received a
citation.
• Disabling damage to any motor vehicle requiring tow away and the driver received a citation.

The driver will be tested for drugs and alcohol as soon as possible following the accident. The driver
must remain readily available for testing. If the driver isn’t readily available for alcohol and drug testing,
they may be deemed as refusing to submit to testing. A driver involved in an accident may not consume
alcohol for 8 hours or until testing is completed.

If the alcohol test is not administered within 2 hours following the accident, the appropriate company
designee, will prepare a report and maintain a record stating why the test was not administered within
two hours. If the alcohol test is not administered within 8 hours following the accident, all attempts to
administer the test will cease. A report and record of why the test was not administered will be
prepared and maintained.

The drug test must be administered within 32 hours of the accident. If the test could not be
administered within 32 hours, all attempts to test the driver will cease. The appropriate company
designee will prepare and maintain a record stating the reasons why the test was not administered
within the allotted time frame.

Rutter’s Dairy reserves the right to send a driver for a post-accident test even if the FMCSA regulations
do not apply. However, the test site facility must know if it will be a DOT or a Non DOT test when
sending a driver to their facility.

If Rutter’s sends a driver for a post-accident test as a Non DOT and the driver is issued a citation later,
than the driver would have to go back to the test site facility for a DOT test.

RANDOM TESTING (Sec. 382.305)

Rutter’s Dairy will conduct random testing for all drivers as follows:

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 • A company wide selection process based on a scientifically valid method prescribe by FMCSA
regulation.
• The Director of Transportation will administer the random testing program, maintaining all
pertinent records on random test administered.

The random testing committee will consist of:

• The Director of Transportation

• A representative from Human Resources
• 2 company CDL Drivers.

This committee will make sure / verify that all drivers are in the pool before any testing can begin.

At least 10% of the average number of drivers will be tested for alcohol each year.
At least 25% of the average number of drivers will be tested for controlled substance each year.

The random testing will be spread reasonably throughout the calendar year. All random alcohol and
drug test will be unannounced, with each driver having an equal chance of being tested each time
selections are made. A driver may only be tested for alcohol while they are performing a safety-sensitive
function, just before performing a safety-sensitive function, or just after completing a safety-sensitive
function.

Once notified that they have been randomly selected for testing, the driver must make all efforts that
lead to proceeding immediately to the assigned collection site. All time spent traveling to, while there
and from the testing site MUST count as part of your HOS (Hours of Service). All CDL drivers will be
verified to be in the CDL pool. The only drivers exempt from the pool are the drivers that would not be
available before the next random selection would be conducted.
Injuries and/or vacations will not exempt you from being in the pool.

RETURN TO DUTY TESTING (Sec. 382.309)

After failing an alcohol test, a driver must undergo a return-to-duty test prior to performing a safety-
sensitive function. The test result must indicate a breath alcohol concentration of less than 0.02.

After testing positive for a controlled substance, a driver must undergo a return-to-duty test prior to
performing a safety-sensitive function. The test must indicate a verified negative result for drug use.

FOLLOW-UP TESTING (Sec. 382.311)

Following the driver’s violation of Part 382, Subpart B, the driver will be subject to follow-up testing.
Follow up testing will be unannounced. The number and frequency of such follow-up testing will be
directed by the SAP, and consist of at least six tests in the first 12 months. Follow-up testing may be
done for up to 60 months.

REFUSAL TO SUBMIT
According to Sec. 392.211, a driver may not refuse to submit to a post-accident, random, reasonable
suspicion, or follow-up alcohol or controlled substance test required by the regulations. A driver who
refuses to submit to such tests may not perform or continue to perform safety-sensitive functions and
must be evaluated by a substance abuse professional as if the driver tested positive for drugs or failed
an alcohol test.

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Refusal to submit includes failing to provide adequate breath or urine sample for alcohol or drug testing
and any conduct that obstructs the testing process. This includes adulteration or substitution of a urine
sample.

ALCOHOL TESTING PROCEDURES

• Alcohol testing will be conducted at Concentra by a qualified breath alcohol technician (BAT) or
screening test technician (STT), according to 49 CFR Part 40 procedures. Only products on the
conforming products list approved by the National Highway Traffic Safety Administration
(NHTSA) and Part 40 requirements will be utilized for testing under this policy.
• The testing will be performed in a private setting. Only authorized personnel will have access,
and are the only individuals who can see or hear the test results. When the driver arrives at the
testing site, the BAT or STT will ask for identification. The driver may ask the BAT or STT for
identification.
• The BAT or STT will then explain the testing procedure to the driver. The BAT or STT may only
supervise one test at a time, and may not leave the testing site while the test is in progress.
• A screening test is performed first. When a breath testing device is used, the mouthpiece of the
breath testing device must be sealed before use, and opened in the driver’s presence. Then the
mouthpiece is inserted into the breath testing device.
• The driver must blow forcefully into the mouthpiece of the testing device for at least 6 seconds
or until an adequate amount of breath has been obtained.
• Once the test is completed, the BAT must show the driver the results. The results may be
printed on a form generated by the breath testing device or may be displayed on the breath
testing device. It the breath testing device does not print results and test information, the BAT is
to record the displayed result, test number, testing device, serial number of the testing device,
and time on the alcohol testing form. If the breath testing device prints results, but not directly
onto the form, the BAT must affix the printout to the alcohol test form in the designated space.
• When an alcohol screening device (ASD) is used, the screening test technician (STT) must check
the device’s expiration date and show it to the driver. A device may not be used after its
expiration date.
• The STT will open an individually wrapped or sealed package containing the device in front of
the driver and they will be asked to place the device in their mouth and use it in the manner
described by the devices’ manufacturer.
• If the driver declines to use the device, or in a case where the device doesn’t activate, the STT
must insert the device in the driver’s mouth and use it in the manner described by the devices’
manufacturer. The STT must wear single-use examination gloves and must change the gloves
following each test.
• When the device is removed from the driver’s mouth, the STT must follow the manufacturer’s
instructions to ensure the device is activated.
• If the procedures listed above can’t be successfully completed, the device must be discarded
and new test must be conducted using a new device. Again, the driver will be offered the choice
of using the new device or having the STT use the device for the test.
• If the new test can’t be successfully completed, the driver will be directed to immediately take a
screening test using an evidential breath testing device (EBT).
• The result displayed on the device must be read within 15 minutes of the test. The STT must
show the driver the device and its reading and enter the result on the ATF.
• If the reading on the EBT or ASD is less than 0.02, both the driver and the BAT or STT must sign
and date the result form. The form will then be confidentially forwarded to the company’s
designated employer representative (DER).
• If the reading on the EBT or ASD is 0.02 or more, a confirmation test must be performed. An EBT
must be used for all confirmation tests.

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 • The test must be performed after 15 minutes have elapsed, but within 30 minutes of the first
test. The BAT will ask the driver not to eat, drink, belch or put anything into his/her mouth.
These steps are intended to prevent the buildup of mouth alcohol, which could lead to an
artificially high result.
• A new, sealed mouthpiece must be used for the new test. The calibration of the EBT must be
checked. All of this must be done in the driver’s presence.
• If the results of the confirmation test and screening test are not the same the confirmation test
will be used.
• Refusal to complete and sign the alcohol testing form or refusal to provide breath or saliva will
be considered a failed test, and the driver will be removed from all safety-sensitive functions
until the matter is resolved.

DRUG TESTING PROCEDURES

• Drug testing will be conducted at our specified testing location. Specimen collection will be
conducted in accordance with 49 CFR Part 40 and any applicable state law. The collection
procedures have been designed to ensure the security and integrity of the specimen provided
by each driver. The procedures will strictly follow federal chain of custody guidelines.
• A drug testing custody and control form (CCF) will be used to document the chain of custody
from the time the specimen is collected at the testing facility until it is tested at the laboratory.
• A collection kit meeting the requirements of Part 40, Appendix A must be used for the drug test.
• The collection of specimens must be conducted in a suitable location and must contain all
necessary personnel, materials, equipment, facilities, and supervision to provide for collection,
security, and temporary storage and transportation of the specimen to a certified laboratory.
• When the driver arrives at the collection site, the collection site employee will ask for
identification. The driver may ask the collection site person for identification.
• The driver will be asked to remove all unnecessary outer garments (coat, jacket) and secure all
personal belongings.
• The driver may keep his/her wallet.
• The drivers will then wash and dry his/her hands. After washing hands, the driver must remain
in the presence of the collection site person and may not have access to fountains, faucets, soap
dispensers, or other materials that could adulterate the specimen.
• The collection site person will select, or allow the driver to select, an individually wrapped or
sealed container from the collection kit materials. Either the collection site person or the driver,
with both individuals present, must unwrap or break the seal of the collection container. The
seal on the specimen bottle may not be broken at this time. Only the collection container may
be taken into the room used for urination.
• The driver is then instructed to provide his/her specimen in a room that allows for privacy.
• The specimen must consist of at least 45 ml of urine. Within 4 minutes after obtaining the
specimen, the collection site person will measure its temperature. The acceptable temperature
range is 90 to 100 degrees Fahrenheit. If the specimen temperature is outside the acceptable
range, the collector must note this on the CCF and must immediately conduct a new collection
using direct observation procedures outlined in Sec. 40.67. Both specimens must be sent to the
lab for testing. The collector must notify both the DER and collection site supervisor that the
collection took place under direct observation and the reason for doing so.
• The 45ml sample provided must be split into a primary specimen of 30ml and a second
specimen (used as the split) of 15 ml. The collection site person must place and secure the lids
on the bottles, place tamper-evident bottle seals over the lids and down the sides of the bottles,
and write the date on the tamper-evident seals. The driver then initials the tamper-evident
bottle seals to certify that the bottles contain specimens they provided. All of the must be done
in front of the driver.

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 • All identifying information must be entered on the CCF by the collection site person.
• The CCF must be signed by the collection site person, certifying collection was accomplished in
accordance with the instructions provided. The driver must also sign this form indicating the
specimen was his/hers.
• The collector is responsible for placing and securing the specimen bottles and a copy of the CCF
into an appropriate pouch or plastic bag.
• At this point, the driver may leave the collection site.
• The collection site must forward the specimens to the lab as quickly as possible, within 24 hours
or during the next business day.

LABORATORY ANALYSIS
As required by FMCSA regulations, only a laboratory certified by the Department of Health and Human
Services (DHSS) to perform urinalysis for the presence of controlled substances will be retained by your
company. The laboratory will be required to maintain strict compliance with federally approved chain-
of-custody procedures, quality control, maintenance and scientific analytical methodologies. All
specimens are required to undergo an initial screen followed by confirmation of all positive screen
results.

RESULTS
According to FMCSA regulation, the laboratory must report all test results directly to your company’s
medical review officer (MRO). All test results must be transmitted to the MRO in a timely manner,
preferably the same day that the review by the certifying scientist is completed. All results must be
reported.

The MRO is responsible for reviewing and interpreting all confirmed positive, adulterated, substituted,
or invalid drug test results. The MRO must determine whether alternate medical explanations could
account for the test results. The MRO must also give the driver who has a positive, adulterated,
substituted, or invalid drug test an opportunity to discuss the results prior to making a final
determination. After the decision is made, the MRO must notify the DER. If the MRO, after making and
documenting all reasonable efforts is unable to contact a tested driver, the MRO shall contact the DER
instructing him/her to contact the driver. The DER will arrange for the driver to contact the MRO before
going on duty. The MRO may verify a positive, adulterated, substituted, or invalid drug test without
having communicated with the driver about the test results if:

• The driver expressly declines the opportunity to discuss the results of the test.
• Neither the MRO or DER has been able to make contact with the drive for 10 days.
• Within 72 hours after a documented contact by the DER instructing the driver to contact the
MRO, the driver has not done so.

SPLIT SAMPLE
As required by FMCSA regulations, the MRO must notify each driver who has a positive, adulterated,
substituted, or invalid drug test result that they have 72 hours to request the test of the split specimen.
If the driver requests the testing of the split, the MRO must direct (in writing) the lab to provide the split
specimen to another certified laboratory for analysis.

If the analysis of the split specimen fails to reconfirm the results of the primary specimen, or if the split
specimen is unavailable, inadequate for testing, or unstable, the MRO must cancel the test and report
the cancellation and the reasons for it to the DER and the driver.

SPECIMEN RETENTION

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 Long term frozen storage will ensure that positive urine specimens will be available for any necessary
retest. Our company’s designated drug testing laboratory will retain all confirmed positive specimens for
at least 1 year in the original labeled specimen bottle.

CONFIDENTIALITY/RECORD KEEPING
All driver alcohol and controlled substance test record are considered confidential (Sec. 382.401). For
the purpose of this policy/procedure, confidential recordkeeping is defined as records maintained in a
secure manner, under lock and key, accessible only to the program administrator.

If the program administrator is unavailable, the appropriate company second designee will have access
to the alcohol and controlled substance records.

Driver alcohol and controlled substance test records will only be released in the following events:

• To the driver, upon his/her written request.

• Upon request of a DOT agency with regulatory authority over Rutter’s Dairy.
• Upon request of state or local officials with regulatory authority over Rutter’s Dairy.
• Upon request by the United States Secretary of Transportation.
• Upon request by the National Transportation Safety Board (NTSB) as part of an accident
investigation.
• Upon request by subsequent employers upon receipt of a written request by a covered driver.
• In a lawsuit, grievance or other proceeding if it was initiated by or on behalf of the complainant
and arising from results of the tests.
• Upon written consent by the driver authorizing the release to a specified individual.

All records will be retained for the time period required by Sec. 382.401.

DRIVER EDUCATION (Sec. 382.601)

All drivers will be given information regarding the requirements of Part 382 and this policy by their
supervisor.

SUPERVISOR TRAINING
All employees or Rutter’s Dairy designated to supervise drivers will receive training on this program. The
training will include at least 60 minutes on alcohol misuse and 60 minutes on drug use. The training
content will include the physical, behavioral, speech and performance indicators of probable alcohol
misuse and drug use. The training allows supervisors to determine reasonable suspicion that a driver is
under the influence of alcohol or drugs.

REFERRAL, EVALUATION AND TREATMENT (Sec. 382.605)

In accordance with the respective FMCSA regulation, a list of substance abuse professional will be
provided to all drivers who fail an alcohol test or test positive for drugs. The alcohol and drug program
administrator will be responsible for designating the appropriate substance abuse professional (SAP)
who, in conjunction with the driver’s physician, will diagnose the problem and recommend treatment.

According to FMCSA regulations, prior to returning to duty for Rutter’s Dairy, a driver must be evaluated
by a SAP and must complete the treatment recommended by the SAP. Successful completion of a
return-to-duty test and all follow-up tests is mandatory.

A driver who fails to complete an evaluation by the SAP, treatment recommended by the SAP, a return-
to-duty test, or a follow-up test will be terminated.

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SELF-IDENTIFICATION PROGRAM
Our company will not take disciplinary action against a driver who makes a voluntary admission of
alcohol misuse or controlled substance use if:

• The admission is in accordance with the company’s voluntary self-identification program.

• The driver does not self-identify in order to avoid Part 382 testing.
• The driver makes the admission of alcohol misuse or controlled substances use prior to
performing a safety-sensitive function.
• The driver does not perform a safety-sensitive function until the company is satisfied that the
driver has been evaluated and has successfully completed education or treatment requirements
in accordance with the self-identification program guidelines.

The driver will be allowed to return to safety-sensitive duties upon successful completion of an
education or treatment program, as determined by a drug and alcohol abuse evaluation expert. Also,
the driver must undergo:

• A return-to-duty test with a result indicating an alcohol concentration of less than 0.02; and/or
• A return-to-duty controlled substances test with a verified negative test result.

DISCIPLINE
According to FMCSA regulation, no person who has failed an alcohol or drug test, or refused to test, will
be allowed to perform safety-sensitive functions until the referral, evaluation, and treatment
requirements have been complied with. The following company disciplinary measures apply to all
reasonable suspicion, post-accident, and random tests.

CONTROLLED SUBSTANCE POSITIVE TEST RESULT

Upon notification that a driver has a drug test result of positive, adulterated, substituted, or invalid, the
driver will be given the option of requesting a test of the split sample within 72 hours. If the driver has
requested a test of the split sample, the driver will be suspended until the results of a split sample test
are obtained.

If the driver doesn’t request a split sample test or the split sample test confirms the initial positive,
adulterated, substituted, or invalid drug test result, the driver will be terminated.

If the split sample testing disputed the initial test results or if the initial test results are designated
invalid, the driver will be reinstated.

REFUSAL TO TEST
A driver’s refusal to test for alcohol or controlled substances will be considered a positive test result.
Adulteration or tampering with a urine or breath sample is considered conduct that obstructs the testing
process and is considered a refusal to test. A driver whose conduct is considered a refusal to test will be
terminated.

FAILED ALCOHOL TEST RESULT

Upon notification that a driver has failed an alcohol test (0.04% BAC or greater), the driver will be
terminated.

Upon notification that a driver tested 0.02% BAC or greater, but less than 0.04% BAC in initial and
confirmatory tests for alcohol, the driver will be suspended until negative test results are provided.

Payments from Customers and Delivery Invoices (All Drivers)

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OVERVIEW
• ALL payments are to be written on the “Driver Communication Report” (DCR) – no exceptions.
• Delivery and/or payments are to be recorded on the invoice.
• When payment is received, write the amount of payment on the invoice.
o When payment is by check, write the check number on the invoice.
o When payment is by money order, write the money order number on the invoice.
o When payment is by cash, write the word “cash” on the invoice.
• Credits and adjustments are to be clearly written on the invoice. See below for specifics.
• The invoice is to be initialed by driver (whether or not payment is received).
• All invoices are to be signed by an appropriate store employee (whether or not payment is
received).
• The driver is responsible for all payments received from customers from the time they receive it
until they hand it into the Rutter’s cashier.
• All payments are to be handed in at the cashier’s office. If the cashier’s office is locked, please
see one of the other customer service reps to settle your cash collections.
• If at any time you feel that you are unable to follow these policies or procedures for any reason,
contact your supervisor immediately.

PAYMENT TYPES

At this time there are only 3 types of payment. You will find the type of payment for the customer you
are delivering to in the “Payment Type” block in the upper left of your invoice.

• Charge – Customer does not have to pay for their current delivery. If they wish to pay on their
balance, write O/A on the line where you enter the amount of payment.
• Bill to Bill – This is a COD customer. However, if for some reason the customer is not able to pay
for a delivery, it is ok to leave the milk. They are allowed to be 1 delivery out. If there is a
balance carried over from a prior delivery, you must collect at least for the prior delivery. If they
cannot at least pay for the prior delivery you cannot leave the product.
• Cash – No money, no milk, no exceptions.

* Any type of payment is acceptable unless noted under ticket message.

* If you have a question about Payments for Bill to Bill or Cash customers, call your Supervisor or
Customer Service (during business hours).

DISPOSTION OF PAYMENT AND INVOICES

• Upon your return to the dairy, count all cash, checks and money orders.
• Separate currency, coin, checks and money orders.
• Place currency face up, in the same direction.
• Add up the entries on your DCR.
• Verify that the total amount of cash, checks and money orders counted is the same as the
amount totaled on your DCR.
• If they are the same, enter the total in the block at the bottom of your DCR and then sign your
DCR.
• If they are not the same, repeat the above procedures again.
• If they are still not the same, have your supervisor or another driver repeat the above
procedures.
• If they are still not the same, get with your supervisor to help you determine what to do. DO
NOT give your collections to the cashier until your DCR and the money you collected match.

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 • The driver is responsible to ensure that the amount of money given to the cashier is the same as
the amount of money written on the DCR.
• Turn your money bag into the cashier with all money and DCR enclosed.
• On Saturdays or after the cashier’s office is closed, drop your money bag in the drop box outside
of the cash office. The cashier will count the money the next work day.
• If the money does not match the DCR, they will have their supervisor or a co-worker count it.
• If the money is confirmed to not match the DCR, the money and the DCR will be put back in the
bag.
• The cashier will contact the driver that day and recount the bag in his/her presence.
• If the money is again confirmed to not match the DCR, the driver will contact his supervisor to
determine what to do.
• Drivers will be held responsible for all money collected. If the money is not turned in at the end
of each day, by the procedures specified above, disciplinary action will be taken.
• All invoices are to be put in the black tray marked “Tickets Here” in the customer service office.
• If the customer service office is closed, put the invoices in your drawer.
• Someone from customer service will pick them up the next work day.

CREDITS AND AJUSTMENTS

When issuing credit to a customer, the driver is responsible for marking such credits on the invoice
CLEARLY AND ACCURATELY. So that Customer Service people understand what credits to issue, the
following procedures will be followed:
• Circle the code and quantity of the product you are issuing credit for. Write a minus and the
quantity of the credit, along with the reason for the credit.
• Drivers are to include case counts and temps in the top right corner of the invoice.
• The following reason abbreviations may be used:

SOD Short on delivery.

Sent wrong item. Write on the bottom of the invoice what was sent in place of
what should have been sent. Note whether the customer kept the wrong item or
SWI you returned the product to the cold room.
Out-dated. Customers are given credit to Maryland Wal-Mart accounts for
OD outdates. Longer term customers may receive credit for outdates. Please see your
supervisor for a list.
D Code 2 and L Damaged product (i.e. dented product that you caused; not the customer) (D Code
Code 3 2) and Leakers (L Code 3).
CR Customer returned (with a brief explanation)
RC Recalled product.

• If the product you are issuing credit for is not on the invoice, write the description, quantity and
reason for credit on the invoice.

Driver’s Hours Requirements (CDL Drivers)

*All full time Rutter’s Dairy CDL Drivers hired after April 1, 2013

• Clock in when you arrive at the dairy, but not more than 5 minutes before your assigned starting
time.
• Upon returning to the dairy, complete all necessary duties and paperwork.

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 • Check in with your supervisor to verify you are not needed for any additional duties.
• Ring out and go home when your day is completed.

Under no circumstance should you start, move or pre-trip your vehicle until you are on the clock.

Employee will be paid for the hours that they work as recorded by the time clock system or their log
books.

All hours in excess of 40.00 net (30-minute lunch break will be deducted per day) per week will be paid
at 1.5 times the regular rate.

Employees are expected to run their routes efficiently and then return to the dairy. Except for their 30-
minute lunch break drivers are not to be parked anywhere or wasting time during their day. The
company reserves the right to monitor the truck and driver through visual and electronic methods and
issue disciplinary action as deemed necessary.
You will be expected to make extra deliveries when the forecast is calling for snow and/or ice.

Employees on a five day a week schedule will be paid PTO based on 8.5 hours per day and 42.5 hours
per week.

Employees on a four day a week schedule will be paid PTO based on 10.5 hours per day and 42.00 hours
per week.

HOS (Hours of Service) (CDL Drivers)

DRIVER RECORD OF DUTY STATUS (LOGS)

Our company is strongly committed to full compliance with the current federal hours of service
regulations, as well as any additional regulations which may apply. The hours of service (logging)
regulations are part of the Federal Motor Carrier Safety Regulations, specifically contained in Part 395 of
the FMCSR.

We are currently using Electronic Logging Devices (ELD). If the device in your vehicle malfunctions you
must notify your supervisor at the end of your shift.

In the event that the ELD quits working while on your tour of duty you will than need to do a paper log.
It is important that you keep 8 blank loose-leaf logs and/or a log book with you at all times.

A major element of individual compliance with the hours of service regulations is regular completion of
the company’s specified log form, including all 11 required items.

The following 11 items must appear on any log:

• The graph grid with a ‘remarks’ section
• The date
• The total miles driving on the 24-hour period covered by the log
• The truck or tractor and trailer numbers (It must be the entire number of the unit).
• The name of the carrier
• The carrier’s main office address
• The driver’s signature
• The 24-hour period’s starting time

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 • The name of the co-driver (If applicable). Do not leave this area blank. Please write N/A in this
area.
• The total hours (At the end of the grid). This number must equal 24 hours.
• The shipping document number(s) or name of shipper and commodity.

We will be providing loose-leaf logs for you with the name of the company, address and home terminal
already imprinted on the form for you.

The following items on a log are no longer a requirement and haven not been since late 1987:

• Total mileage today and Origin and Destination (“From” and “To”)

Since it is no longer a requirement, we ask that you leave these two areas blank.

KEEP IT NEAT AND CURRENT

Remember, the driver’s duty status record is the record of the driver’s daily activities and is the basic
source of information used to determine both carrier and driver compliance or non-compliance with the
hours of service regulations. Keep it neat and keep it current. The latter is required.

It is your responsibility as a CDL driver to stay current with Regulation 395 (Hours of Service). However,
since this is a subject that is changing quite frequently, the Director of Transportation will keep you
posted on any and all changes that occur.

After speaking with a high-ranking official at the FMCSA Headquarters, The Pennsylvania State Police,
The HOS Instructor at PMTA and other trucking companies, there seems to be a lot of different
interpretations of what should be done when you go outside of the 100-air mile radius circle. We have
decided as a company to error on the side of caution. So here is what we are asking that you start doing
immediately;

If you remain inside of the 100-air mile radius circle, but you are on the clock beyond the 12th hour, you
will need to fill out a Record of Duty Status for that day only.

Anytime you go outside of the 100-air mile radius circle you will need a Record of Duty Status for that
day and 7 days prior. You will also need to have those copies of 7 days prior on your possession. (We
have decided as a company that there will be no exceptions).

If you do not go over 12 hours of on duty time and you stay within the 100-air mile radius circle, you do
not have to fill out a Record of Duty Status.

Every driver should know how long it takes you to do your route. If you think you are close to the 12th
hour, we would suggest you start your Record of Duty Status first thing in the morning. If you do not and
you find yourself going over 12 hours you will have to go back and retrace your steps to the time you
came on duty. Once you reach your 12th hour of on duty time your Record of Duty Status must be
current.

If you are not sure if you go beyond the 100-air mile radius circle, please see your supervisor for
clarification.

If you perform work (driving and non-driving) for anyone other than Rutter’s on your time off and are
compensated with a paycheck, then you must let your supervisor know how many hours you are
working.
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If you are driving for anyone else other than Rutter’s in a DOT Regulated driving position, then you will
be required to submit a Record of Duty Status to Rutter’s.

THE THREE BASIC NUMBERS YOU HAVE TO CONCERN YOURSELF WITH ARE; 10, 11 AND 14.
• 10 – You must have 10 consecutive hours off duty time before returning to work in a driving
duty status.
• 11 – You cannot drive for more than 11 hours before having 10 consecutive hours of off
duty time.
• 14 – You cannot drive beyond the 14th hour of being on duty. You may continue to work
beyond the 14th hour; you just cannot be behind the steering wheel. Remember, if you work
beyond the 14th hour you will still need 10 hours of “off duty time” after ringing out and
before returning to work in a “driving duty status”.

There are exceptions to the 14-hour rule and they are:

• Emergencies, Adverse Weather and the 16 Hour Short Haul.

If you wish to familiarize yourself with these exceptions you will find them in the FMCSR 395.

All you have to remember is if you are approaching the 14th hour of on duty time please call your
supervisor for further instructions.

As an interstate motor carrier we have the choice of operating either under the 60 hour rule or the 70
hour rule. It is important that you know which rule of hours we are operating under (WE ARE
OPERATING UNDER THE 70 HOUR RULE). That simply means that you cannot have more than 70 hours
of on duty time in 8 days. That is why it is very important for your supervisor to know if you are working
outside of Rutter’s in driving and non-driving jobs.

There will be new changes coming July 1, 2013 to the FMCSR 395 and we will inform you of those
changes as the time gets closer.

If you have any questions or are not sure how to complete a Record of Duty Status please see your
supervisor for assistance.
Failure to comply with this company procedure will result in disciplinary action up to and including
termination.

“Thank you for your cooperation and let’s keep the roads a safe place to be”.

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EMPLOYEE HANDBOOK ACKNOWLEDGMENT AND RECEIPT

I hereby acknowledge receipt of the employee handbook of Rutter’s I understand and agree that it is my
responsibility to read and comply with the policies in the handbook.
I understand that the handbook and all other written and oral materials provided to me are intended for
informational purposes only. Neither it, company practices, nor other communications create an
employment contract or term. I understand that the policies and benefits, both in the handbook and
those communicated to me in any other fashion, are subject to interpretation, review, removal, and
change by management at any time without notice.

I also acknowledge this Employee Handbook supersedes and replaces all previous policies and
procedures including, but not limited to, all memoranda, written policies, and or written or verbal
direction regarding policies which may have been issued on the subjects covered in this handbook.

I further understand that I am an at-will employee and that neither this document nor any other
communication shall bind the company to employ me now or hereafter and that my employment may
be terminated by me or the company without reason at any time. I understand that no representative of
the company has any authority to enter into any agreement for employment for any specified period of
time or to assure any other personnel action or to assure any benefits or terms or conditions of
employment or make any agreement contrary to the foregoing.

I also understand and agree that this agreement may not be modified orally and that only the president
of the company may make a commitment for employment. I also understand that if such an agreement
is made, it must be in writing and signed by the president of the company.

______________________________________________ ________________________
Employee’s Signature Date Signed

TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE

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