KWL Inc.
A Handbook for KWL Employees

Wherever possible, KWL Inc. encourages you to take ownership, improve decision-making, focus on delivering high quality service and be accountable for the results.

Immigration Reform and Control Act

In compliance with the federal Immigration Reform and Control Act of 1986 (IRCA), as amended, KWL Inc. is committed to employing those individuals legally eligible to work in the United States. As a condition of employment, you will need to provide employment authorization and identification in accordance with the requirements of the employment eligibility verification form (I-9). Your hiring manager or Human Resources representative will explain those requirements. You must present verification of identity and employment eligibility within three business days of your hire date.

If you are authorized to work in his country for a limited time period, you will be required to submit proof of renewed employment eligibility prior to expiration of that period to remain employed by the company.

Verification of Licenses, Certificates and Credentials

KWL Inc. policy requires verification of all applicable licenses, permits and certification during the employment interview process. You are required to maintain applicable credentials, licenses and certifications in good standing throughout your employment. Your hiring manager will verify licensure status with the appropriate background screening. Your manager will also monitor expiration dates of all licenses and credentials and notify you, when possible, in advance for renewal purposes. However, it is your responsibility to maintain you license and certification in good standing and to notify the company promptly of any change in status.

Personal Appearance

You are expected to maintain the highest standards of personal cleanliness and present a neat, professional appearance at all times. As an employee, your appearance represents pride in yourself, your work and the company. KWL supplies uniforms for its employees it is a requirement to wear this uniform when working or on duty for KWL.

Workplace Searches

To protect the property and to ensure the safety of all employees, customers and the company, KWL Inc. reserves the right to conduct personal searches consistent with state law, and to inspect any packages, parcels, purses, handbags, brief cases, lunch boxes or any other possessions or articles carried to and from the company’s property. In addition, the company reserves the right to search any employee’s office, desks, file lockers, equipment or any other area or article on our premises. In this regard, it should be noted that all offices, desks, files, lockers, equipment, or any other area or article are in the property of the company and are issues for the use of employees only during their employment. Inspections may be conducted at any time at the discretion of the company.

In the event that you enter the premises and refuse to cooperate in an inspection conducted pursuant to this policy, you may not be permitted to enter the premises. If you are working on or entering or leaving the premises and refuse to cooperate in an inspection, as well as employees who after the inspection are believe to be in possession of stolen property or illegal drugs, will be subject to disciplinary action. An immediate discharge will be warranted if upon an investigation you are found to be in violation of the company’s security procedures or any other company rules and regulations.

Schedules

Because the nature of work varies across the company, starting, ending, lunch and break times vary according to the needs of the particular department or location and in accordance with federal or state laws. Your hiring manager or supervisor will provide you with your scheduled work hours prior to your start date and at regular intervals thereafter. Being paid for not taking a lunch break is only authorized for the Interplant trucks. All other will have one half hour automatically deducted from the time card each day.

Time Card and Time Clocks

Each non-exempt employee must clock in when reporting to work and clock out when leaving. For business locations that use time sheets/cards, all hours worked must be recorded accurately and daily. You are responsible for accuracy in clocking in and out and notifying you supervisor or the payroll processor of any discrepancies prior to the end of you scheduled shift. Working off the clock or failing to accurately record all hours worked is not permitted under any circumstances.

Attendance and Punctuality Standards

KWL Inc. has established a consistent standard for attendance and punctuality that considers the company’s need to operate its business lines with minimal disruption. As an employee, you are expected to report to work as scheduled and schedule variations in advance. Your supervisor or his/her designee must approve any schedule variation in advance. Whenever you can not report to work or know you will be tardy, you must notify your direct supervisor or designee as far in advance as possible, but at a minimum of two hours prior to the start of your shift. Your supervisor will discuss with you the disciplinary procedures regarding scheduled and unplanned absences and tarries as defined below.

Absence: Failure to work one or more consecutive scheduled shifts for any reason (illness, personal or family problems, car troubles, etc.) will be considered one absence occurrence. For example three consecutive workdays’ absence is considered one occurrence. For the purpose of this policy, you will also be counted as “absent” if you fail to work more than one-half of a scheduled shift because you left work early or arrived late except as noted below. The following conditions will not be considered as absences:

• You have requested time off prior to the absence, and your supervisor has approved the request in writing (examples: bereavement leave, jury duty, military leave, vacation, etc.)
• Absence covered by the Family and Medical Leave Act or any other protected leaves as required by state law will not be counted as absences under this policy.
• If management has reason to believe that your absence may have been for a Family and Medical Leave purpose, the location manager must advise you of the right to request that it be designated.
• If you are absent due to a workers’ compensation illness or injury.

Tardiness: Reporting to work any time after the scheduled starting time. Leaving early for or returning late from break or meal periods will also be considered as a tardy. However, leaving the assigned workstation of the location without permission is job abandonment and will result in termination.

Proper Notice: Failure to notify your supervisor of the appropriate location authority at least two hours before the start of your scheduled shift is unacceptable and may result in disciplinary action. Your notification of an absence must be timely to be considered proper notice in accordance with the progressive discipline policy.

No call/no show: Failure to call and failure to show up for work for scheduled shift  is considered a voluntary resignation. The list below outlines the consequences for absences and tardiness.

• Three absence occurrences within a 90-day period with or without proper notice.
• Three tardy occurrences with or without proper notice within a 90-day period.
• A combination of three absences or tardy occurrences.

Violations of different rules are cumulative under the progressive discipline policy. This is violations of this policy are cumulative along with other written warnings for poor performance or improper conduct. The result is that three written warnings for rule violations, either related or unrelated, within a 12-month period may result in discharge.

Electronic Communications

KWL Inc. recognizes your need to be able to communicate efficiently with fellow employees and customers. Therefore, we have installed an internal electronic mail (e-mail) system to facilitate the transmittal of business related information within the company and with our customers.

The e-mail system is intended for business use only. The use of the company’s e-mail system to solicit fellow employees or distribute non-job related information to fellow employees is strictly prohibited. You are also prohibited from the display or transmission of sexually-explicit images, messages, ethnic slurs, racial epithets or anything which could be construed as harassment or disparaging to others. Violations of these rules are not cumulative and will result in immediate termination under the progressive discipline policy.

Polygraphs, Searches and Video Surveillance

It is the company’s policy to comply with federal and state laws regarding the use of polygraph tests, searches and surveillance methods in the workplace to maintain the well-being and safety of our clients, employees and resources.

The Employee Polygraph Protection Act of 1988 prohibits most employers from using polygraph testing for pre-employment screening or during the course of employment, and from discriminating against anyone for exercising his or her rights under the Act. The Act does permit the use of polygraph testing under certain conditions that may apply to our company, including certain employees who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, and so on) that results in economic loss to the company.

You should have no expectation of privacy in the workplace, including, but not limited to, electronic communications. When attempting to locate missing or stolen employee, client, visitor or company property, the company reserves the right to conduct random searches of company property, such as vehicles, clothing, packages, purses, briefcases, lunch boxes and other containers brought onto company premises. You are expected to cooperate in such searches.

Video surveillance is conducted at certain business locations for the purpose of staff safety and security. In those locations, it is responsibility of the location manager to notify you through formal postings and during the orientation process.

Company employees who are assigned to work at non-company locations may be subject to video surveillance with or without their permission. Searches for illegal drugs are governed by our drug and alcohol free workplace policy.

Direct questions concerning polygraphs, searches and video surveillance to a Human Resources representative.

Drug and Alcohol Free Workplace

The company is committed to a drug- and alcohol-free workplace to ensure a safe work environment for our employees, clients and visitors.

The company will not tolerate substance use and abuse in the workplace. If you use prescription drugs that may affect your work performance, you must report the use to your supervisor. Bringing illegal, non-prescribed drugs or alcoholic beverages to work, being under the influence or using such substances while at work, diverting such substances while on company property, and/or dispensing, possessing, distributing, selling or illegally manufacturing such substances while on company property are strictly prohibited and may result in disciplinary action, up to and including termination.

Every individual offered a position with the company may be screened for the illegal use of controlled substances and must successfully complete the drug screening process in order to be employed.

To ensure a safe work environment for all, your supervisor may require you to take a drug- or alcohol-screening test if your behavior, appearance, conduct, or physical evidence found in or near the work indicates you may be influenced by controlled substance(s) and/or alcohol. Employees involved in job related accidents may be subject to drug/alcohol testing, in accordance with state law regulations.

KWL Inc. recognizes that drug, narcotic and alcohol abuse is a serious health problem. If you experience problems that result from drug or alcohol abuse and/or dependencies or are diagnosed as a drug abuser or alcoholic, by reporting your problem to your department manager prior to any incidents at work, you may request a leave of absence to undertake rehabilitation treatment. Return to work will be contingent upon the receipt of a certification of completion from a rehabilitation program along with approval from a physician to return to work unless your job has been eliminated during the leave as a result of reorganization or a reduction in force. If you have elected health coverage, you are responsible for all cost of treatment not covered by your health plan.

Workplace Violence

KWL Inc. is committed to providing a work environment that is free from violence. Any acts or threatened acts of violence will not be tolerated. Anyone engaging in violent behavior will be subject to discipline, up to and including termination of employment and may also be personally subject to other civil or criminal liabilities. Violent behavior includes, but is not limited to:

• Physically harming or threatening to harm an individual, group of individuals, or relatives of those individuals.
• The possession on company property or a customer’s property of weapons of any kind, or brandishing of any object that could reasonably be perceived as a weapon.
• Callous or intentional disregard for physical safety or well being of others.
• Intentional destruction of company or employee property.
• Any other conduct that would be perceived as constituting violence or a threat of violence.

If you are subject to, witness or have knowledge of violent behavior of any of the types listed above, or have reason to believe that violent behavior may occur at or in connection with the activities of the company, you are required to report it promptly to your supervisor or Human Resources representative. All incidents of alleged workplace violence and/or violent behavior are thoroughly and promptly investigated.

The company requires your compliance with policies and rules. Certain actions by employees may result in disciplinary action, including termination of employment. The policy applies to all employees with the exception of management personnel (Managerial performance issues are addressed within the Exempt Employee policy).

Progressive Discipline

Progressive discipline simply means that less serious infractions will be treated as such. However, if the problem continues or recurs, it will “progress” to more serious steps. While most infractions may start with an initial counseling session, some are so serious that stronger action is appropriate for the first infraction. You will be asked to sign and will be provided copies of all documented progressive discipline.

All rule violations, including attendance warnings, are cumulative for progressive discipline purposes. This means that you do not need to violate the same rule to receive progressively more severe discipline, up to and including terminations.

Management reserves the right to determine type, form and severity of corrective action and/or disciplinary action, up to and including discharge. Management also reserves the right to suspend you with or without pay, pending an investigation.

The procedure or any part of the disciplinary procedure such as verbal or written warning or termination of employment depending on the circumstances.

Such as serious management decision will be made after an investigation of the facts.

Written Warning: A written warning will be issued if you fail to correct your conduct or performance following an initial counseling/verbal warning. You may also receive a written warning if the offense warrants more than an initial counseling, or if this is not your first initial or written warning. Your supervisor will discuss the infraction with you.

The written warning must be signed by you and kept in your personnel file. If you refuse to sign the written warning, your supervisor will ask another supervisor to witness the counseling and attest by his or her signature to the issues discussed. The supervisor will then document your refusal to sign and place the documentation in your personnel file.

Final Warning: A final warning is used when one prior written warning has been issued during the last 12 months for any infraction or when and infraction has been committed that warrants more than a written warning. Your supervisor and/or next level of management will discuss the infraction with you and complete a record of counseling form. Your supervisor will document on the notice that one more written warning within a 12-month period, starting from when you were first disciplined, may result in discharge. A witness in a supervisory level is also encouraged to sign the document.

Suspension: A gross misconduct infraction will result in suspension pending investigation, subject to discharge. The company endorses the use of suspension for investigative purposes but does not endorse the use of suspension as punitive action. Therefore, while a suspension is not absolutely necessary in all cases, it should be considered while conducting an investigation, you will be compensated for the suspension.

Guidelines for Implementation: KWL Inc. reserves the right to determine the appropriate level of discipline in individual cases and to acknowledge mitigating factors where they apply. However, the following chart of work rule violations and their generally prescribed consequences. It is important to note that any misconduct issue that directly affects a KWL Inc. customer may be treated as gross misconduct depending upon the circumstances.

It is not possible to list all types of offences that may result in disciplinary action and/or termination. Any act that, in the company’s discretion, affects the performance of any employee, jeopardizes the safety or operation of the business location, or is otherwise inappropriate in management’s discretion may also be subject to disciplinary action up to and including termination.

Again KWL Inc. reserves the right to determine the appropriate level of discipline in individual cases and to acknowledge mitigating factors where they apply.

Misconduct or Poor Performance: Misconduct or poor performance infractions may start with an initial counseling or a written warning, progress to a final warning and then to discharge. These infractions include, but are not limited to:

• Excessive absences and/or tardiness in reporting to work may result in disciplinary action up to and including termination if the following guidelines are broken:
• Three absence occurrences within any 90-day period with or without proper notice.
• Three occurrences of tardiness with or without prior notice within any 90-day period.
• A combination of three absences or occurrences of tardiness with or without proper notice in any 90-day period.
• Refusal to work exclusive hours as assigned by the supervisor or entailed in the job description
• Failure to readily cooperate with fellow employees and supervisors.
• Failure to promptly carry out general and/or specific instructions.
• Failure to conduct assigned work responsibilities or failing to meet the expected performance standards.
• Unauthorized overtime.
• Working off the clock. (non-exempt employees only)
• Making or receiving excessive phone calls during work time, other than in emergencies
• Failure to comply with company dress and grooming codes.
• Habitual leaving early for or returning late from meal periods and breaks.
• Leaving the designated work area during scheduled work hours without management approval.
• Stopping work before the time specified by the supervisor
• Starting work before or continuing to work after specified work hours without the prior approval of the supervisor.
• Failure to attend scheduled mandatory meetings.
• Improper workplace behavior, such as shouting, running, wrestling, engaging in horseplay, practical jokes and pranks.
• Slandering or any negative language about or towards a manager, supervisor, co-worker, client, or vender disrupting company atmosphere or client relations.
• Conducting personal business while on company property. Misuse of facility time by attending personal matters, including excessive personal telephone calls during paid work hours.
• Violation of no solicitation/no distribution policy. Posting pictures, signs or announcements on facility property without permission, or removing formal notices posted by your employer.
• Use of company property for personal use (i.e. computers, vehicles, machinery).
• Failure to report an unsafe or unhealthy condition to management or Human Resources.
• Failure to report an accident, job-related injury or unusual occurrence involving self or co-worker.
• Failure to notify personnel of an injury or illness at work.
• Failure to notify a supervisor or management of any emergency situation.
• Failure to wear personal protective equipment in accordance with the job specifications of the performing function.
• Smoking in non-designated areas.
• Speeding, reckless driving or improper parking in company parking lots or elsewhere on company property.
• Littering or failure to deposit rubbish in proper receptacles contributing to disorderly or unsanitary conditions.
• Entering a facility or business line location at unauthorized times without proper permission
• Multiple disciplinary actions and/or written warnings of any kind during a 12-month period.

Gross Misconduct: Gross misconduct infractions are so serious that they warrant discharge even without prior disciplinary action being taken. These infractions include, but are not limited to:

• Theft, attempted theft, and/or the unauthorized possession of property belonging to the company, another employee, client or visitor.
• Fighting, hitting, shoving, threatening or provoking such acts towards a manager, supervisor, co-worker, client vendor or any other personnel or non-personnel.
• Sexual harassment towards anyone or harassment because of race, color, religion, creed, pregnancy, age, national origin, ancestry, citizenship, physical or mental disability or any other unlawful basis under state law.
• Verbal threats of physical violence towards anyone. Use of profane, abusive or threatening sexual language.
• Use of the Company, or our Customers, email or internet for non-job-related tasks. This may include, but not me limited to, religious or political causes, displaying, transmitting and/or downloading sexually explicit images, messages, ethnic slurs, racial epithets or anything which could be constructed as harassment or disparaging to others.
• Reporting to work or working while under the influence of alcohol or illegal/unauthorized drugs. Reporting to work, or working under the use of any drugs, except when the use is pursuant to a doctor’s orders and the doctor advised affect the employee’s ability to safely perform his or her job duties.
• Willful or attempted sabotage, abuse, damage, defacement or destruction of property belonging to the company, a manager, supervisor, co-worker, client, vendor or any other personnel or non-personnel.
• Falsification of business location records, reports of other documents, including employment applications, time cards or time sheets (including punching or signing another employee’s time card/sheet), injury reports, health screenings, financial records or being an accessory to any of these acts.
• Unauthorized disclosure or removal of confidential or privileged information concerning the company, location or other employees.
• Insubordination, including, but not limited to, refusal or failure by words or actions to carry out a reasonable job direction or assignment. Refusal of work as designated by supervisor or manager. Open defiance of a supervisor’s instructions, disobeying instructions, procedures or policies, through neglect, procrastination or deliberate disobedience. Refusing to comply with reasonable requests as made by supervisor, manager authorized client or facility office personnel.
• Abandoning the job by walking off the shift or leaving the location without permission of the supervisor or location authority
• Involvement in unlawful, indecent or immoral conduct on facility property at anytime.
• Conviction of a felony or other criminal charges. Any employee facing felony or criminal charges will be suspended without pay pending the outcome of the legal proceedings.
• Unauthorized possession, use or sale of weapons, firearms or explosives on work premises or off work premises is forbidden in accordance with state and local laws.
• Sleeping during work hours.
• Deliberate and willful violation of safety rules that has the potential of causing direct and serious harm to anyone.
• Engaging in any immoral, indecent or illegal act on company property.
• Failure to obtain or maintain a current and valid professional license, certification or other credentials that are required to perform the job duties.
• Misrepresentation of a material fact in attempt to obtain a benefit or advantage.
• Failure to call in and/or show up for work as scheduled for one or more consecutive days. This will be treated as a voluntary resignation.
• Other extreme instances of improper conduct not specifically listed.
• Multiple disciplinary actions and/or written warnings of any kind during a 12-month period.
• The MASSACHUSETTS ANTI-IDLING LAW  Massachusetts General Law (MGL), Chapter 90, Section 16A, 310 Code of Massachusetts Regulation (CMR), Section 7.11 and MGL, Chapter 111, Section 142A-142M   

MGL, Chapter 90, 16A and 310 CMR, 7.11:

“No person shall cause, suffer, allow, or permit the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in a excess of five minutes. 310 CMR 7.11 shall not apply to:

·         Vehicle being serviced, provided that operation of the engine is essential to the proper repair thereof, or

·         Vehicle engaged in the delivery or acceptance of goods, wares, or merchandise for which engine assisted power is necessary and substitute means cannot be made available or,

·         Vehicle engaged in an operation for which the engine power is necessary for an associated power need other than movement and substitute alternate power means cannot be made available provided that such operation does not cause or contribute to a condition of air pollution.

Note: The regulation applies to all motor vehicles.

Penalties

·         Penalties can range from $100(MGL Chapter 90, section 16A) to as much as $25,000 (MGL Chapter 111, Section 142A)

·         Drivers and/or companies can be held responsible for paying the fine;

·         Local police have the authority to enforce the law, as do health officials or other officials who hold enforcement authority.

This list is not inclusive of all reasons for discipline/discharge and the company reserves the right to terminate employment for conduct.

Harassment

The company is committed to providing an environment free from harassment, including, but not limited to sexual harassment. Other forms of harassment include severe and pervasive conduct that offends an individual’s race, color, religion, creed, age, national origin, ancestry, citizenship, physical or mental disability, medical condition, marital status, sexual orientation, gender identity or military/veteran status.

If you believe that you are being harassed, the company encourages you to inform the individual immediately that his or her language or actions are offensive. If you are not comfortable raising the issue directly with the individual or the behavior continues despite your protest, you should immediately report the matter to your supervisor.

If the supervisor is unavailable or if you believe it would be inappropriate to contact that person, contact a Human Resources representative or any other supervisor of the company with whom you feel comfortable. In certain states you may contact a third party agency.

Every report of alleged harassment will be fully investigated and corrective action will be taken where appropriate, up to and including discharge from any employee in cases where an allegation is substantiated. In addition, the company will not tolerate any form of retaliation against individuals who report alleged harassment or who cooperate in the investigation of such reports in accordance with this policy. If the company determines that you knowingly made false accusations of harassment for retribution or other reasons or knowingly made false statements in an investigation, you may also be subject to disciplinary action up to and including discharge.

Employee Problem-Solving Process

The employee problem-solving process is a formal guideline to assist you in handling any concerns about work-related issues. You are encouraged to bring to the attention of your supervisor any concerns about such issues through the following procedure.

1. First discuss issues or concerns with your immediate supervisor. Your supervisor will attempt to resolve the issue and explain his or her response to the issue within five working days or as soon thereafter as possible.
2. If you are dissatisfied with your supervisor’s response, you may submit a written description of the concern to the next level of management. The manager will attempt to resolve your concern and respond in writing within five working days; however, it may be longer depending on the circumstances. In such cases, the employee will be provided an interim explanation and plan until a resolution can be reached and presented in writing.
3. If you are not satisfied with the response given in step two, you may then submit a written description of the concern outlining the factual information. Management personnel involved to date will review the information relative to your concern and recommend a solution. A written decision may be presented to you.
4. If the response in step three is still unsatisfactory, you may again present your concern in writing to the next level of management.
5. If it is determined that the appropriate levels of management have not had the opportunity to review your concern, management reserves the right to redirect the concern back to the appropriate level of management.

At any time, you may consult a Human Resources representative to assist you with the process, including how the process works. Management attempts to achieve certain time limits in its response to a concern; however, adherence is not mandatory, and some responses will take longer than others, depending on the circumstances.

Background Checks

The Company reserves the right to conduct background information checks obtaining information covering the last seven (7) years regarding, but not limited to, credit background, references, past employment, character, work habits, education, general reputation, personal characteristics, mode of living, judgements and leins subject to state law. The investigation also may include obtaining information relating to criminal convictions without any time limitations, subject to state law.

A Consent and disclosure will be provided to all potential and current employees for whom a background check will be conducted. The Company reserves the right to terminate, or refuse, the employment of any person who is found to have failed to report, on their employment application, any such derogatory information. Please contact the Human Resource Department for further information on this policy.