Your handbook has been developed to describe some of the expectations we have of our employees and to outline many of the policies, programs and benefits available to eligible employees.  Although you will find your handbook valuable in answering most of your questions, it is not intended to cover all situations.  Once you have reviewed your handbook, please do not hesitate to ask your supervisor about anything that is not clear.

Diamond Materials, LLC is a full service and well-equipped contractor capable of successfully completing small or large projects.  For our company to grow, it is important that we meet the customers needs by using experienced personnel with a commitment to providing quality services and products that our customers demand.

We envision a company with sustained profitable growth.  We believe that each employee contributes directly to Diamond Materials, LLC growth and success, and we hope that you will take pride in being a member of our company.

Again, I want to welcome you to Diamond Materials, LLC and wish you every success.

Sincerely,

Richard Pierson Jr.

Revised January 11, 2004                     Welcome 

Table of Contents

Welcome!

Table of Contents

1          Our Employment Practices

Your Employee Handbook                                    1

Equal Employment Opportunity Commitment              2

Employment Requirements                                    3

Employee Categories                                     3

Probationary Period                                      4

Performance Review                                     4

Promotions                                             4

2              Our Policies and Procedures

Conflicts of Interest/Contact or Cooperation with Competitors      1

      Drug and Alcohol Awareness Policy                           3

Drug-free Workplace Guidelines                                                            4

Sexual Harassment                                                                                    6

Personal Visitors                                                                                    7

Parking                                                                                                7

Outside Employment                                                                                    8

Company Safety Policy                                                                        9

Company Safety Meetings                                                                        10

Return to Work of Employees Injured on the Job Policy                        11

Disciplinary Action                                                                                    12

Vehicle Fleet Policy                                                                                    13

3             Your Hours of Work and Pay

Employee Classifications                                                                        1

Hours of Work`                                                                                    1

Overtime                                                                                                2

Pay Period                                                                                                2

Garnishments                                                                                                2

Payroll Information                                                                                    3

Breaks and Meal Periods                                                                        3

Table of Contents

4          Your Employee Benefits

Vacation Time                                              1

Funeral Leave                                             3

Military Leave                                             3

Jury Duty                                              3

Hospitalization and Major Medical Insurance             4

Short-Term Disability                                       4

Life Insurance                                           4

Benefits Continuation (COBRA)                             4

Family and Medical Leave (FMLA)                          5

Workers Compensation                                  6

Your 401 (k) Retirement/Savings Plan                      7

Unemployment Compensation                            7

Uniforms                                           7

Paid Holidays                                             8

Educational Assistance                               8

5              Communication

Conflict Resolution Policy                                 1

Electronic Communication Policy                                                            2

Performance Reviews                                                                                    3

Your Problem Solving Procedure                                                            4

 Cellular Phone Policy                              5

6              Your Obligations

Attendance and Punctuality                                                                        1

Time Keeping Policy                                                                                    2

Disciplinary Action                                                                                    3

Code of Conduct                                                                                    4

Confidentiality                                                                                    5

Workplace Violence                                                                                    6

Personal Appearance                                                                                    7

Safety                                                                                                            8

Work Rules                                                                                                9

Voluntary Termination                                                                 10

Loss Control                                                                                     11

Diamond Materials, LLC has always believed in promoting an atmosphere of open communication and cooperation among all of our personnel. When a large number of people work together, there must be guidelines for everyone to follow to make it as fair as possible for all (your employee handbook has been designed for and reflects that thinking).

This Handbook does not constitute a guarantee that your employment will continue for any specified period of time or end only under certain conditions. Employment at Diamond Materials, LLC is a voluntary employment-at-will relationship, for no definite period of time. Nothing in this Handbook constitutes an expressed or implied contract of employment or warranty of any benefits. While we hope to have a long and mutually beneficial working relationship together, you have the right to terminate your employment relationship without notice for any reason with or without cause at any time, and Diamond Materials, LLC reserves the right to do the same.

Your suggestions about your work-life here are welcome and valued. If you have any questions as to the interpretation or application of a specific section of this Handbook or any matter not covered by this Handbook, contact your Supervisor.

Revised January 11, 2004               Our Employment Procedures-1

It is the policy of Diamond Materials, LLC, not to discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, ancestry, marital status, disability, or veteran status.  Diamond Materials, LLC will take Affirmative Action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, sex, age, national origin, ancestry, marital status, disability, or veteran status.  Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.  Diamond Materials, LLC will ensure and maintain a working environment free of harassment, intimidation, and coercion.

The following individual is the appointed Equal Employment Opportunity Officer for the company:

Mrs. Dawn Hollett

924 South Heald Street

Wilmington, DE 19801

(302) 658-6524

All complaints alleging discrimination should be immediately brought to the attention of the above officer.  If an applicant or employee is unable to resolve any such complaint with the company, he/she may further appeal to the State of Delaware Department of Labor, Labor Law Enforcement Office at (302) 761-8200 or the U.S. Equal Employment Opportunity Commission at (800) 669-4000.

Diamond Materials, LLC invites disabled and covered veteran employees and applicants to identify themselves and encourages them to take advantage of the Affirmation Action Program.

All employees are encouraged to refer qualified minority and female applicants for employment.

Richard Pierson Jr.,  President                                           Dawn Hollett, EEO Officer

Revised January 11, 2004    Our Employment Practices-2 

Completion of a Diamond Materials, LLC employment application, pre-employment interviews, as well as satisfactory background checks, is required for employment. 

After an offer of employment has been extended, new employees are required to complete an Employment Verification form (I-9).  According to the Immigration Reform, documentation verifying their identity and eligibility to work in the United States is required.  In addition, new employees are required to complete a W-4 Form and Personal Data Forms.  A medical examination and drug screening may be required.  Specific departments or positions may require additional provisions.

Falsification of employment information (such as information supplied by the applicant on the Diamond Materials, LLC Employment Application or any other employment paperwork or documentation) is grounds for termination or disqualification from the employment process.

Employee Categories

1.      Probationary Employees

Those newly hired employees who have not successfully completed three (3) months of service.

2.      Regular Full-Time Employees

Those employees who are regularly scheduled to work 40 hours per week and have successfully completed their probationary period are normally eligible for the benefits provided in this handbook.

3.      Exempt and Non-Exempt Employees

All employees are also classified into exempt and non-exempt categories for purposes of establishing eligibility for overtime pay under the Federal Wage and Hour Laws. Our hourly paid employees are classified as non-exempt and are paid at the rates outlined later in this handbook for all overtime hours worked.

Revised January 11, 2004         Our Employment Practices-3

Conflicts of Interest

It is the policy of Diamond Materials, LLC to prohibit employees from engaging in an activity, practice, or conduct which conflicts with, or appears to conflict with, the interests of Diamond Materials, LLC, its customers, or its suppliers.  It is impossible to describe all of the situations that may cause or give the appearance of a conflict of interest.  The prohibitions included in this policy are not intended to be exhaustive and only include some of the more clear-cut examples.

Employees are expected to represent Diamond Materials, LLC in a positive and ethical manner.  Thus, employees have an obligation to avoid conflicts of interest and to direct questions and concern about potential conflicts to their supervisor.  Failure to do so will result in discipline, up to and including termination.

Employees may not engage, directly or indirectly, on or off the job, in any conduct that is disloyal, disruptive, competitive, or damaging to Diamond Materials, LLC.

Contact or Cooperation With Competitors

Diamond Materials, LLC has faith that we will secure our fair share of work. The company will not engage in any illegal conduct to secure a job.

The following policy is to avoid any misunderstanding of this issue so that no employee inadvertently violates this policy.

The following information shall never be revealed to any competitor or to anyone other than a person entitled to receive the information.

 Revised January 11, 2004         Policies and Procedures-1

 2.      The amount of any bid (whether or not already submitted) for any prospective project regarding which a contract has not yet been awarded;

 3.      Whether Diamond Materials, LLC will or will not bid on a project;

 4.      The identity of any subcontractor or material supplier who would be used on any bid and the amount of any price quoted to us from any such subcontractor or material supplier.

No meetings should be attended, with potential competitors of Diamond Materials, LLC or otherwise, where a purpose of the meeting is to discuss any of the above items. If you are in attendance at any meeting at which any of the above topics are discussed, you should refuse and announce Diamond Materials, LLCs refusal to be involved in such discussions and in such conduct. If the discussion continues, you should remove yourself from the meeting.

No bribe (monetary or otherwise) is to be offered or to be given to any public official or to any employee or advisor to a public or private bidding entity to secure a contract or to assist in the securing of any contract.

Our Company does not and will not rig or fix any bid for any job, public or private, and will not assist any other entity which may attempt to engage in such conduct. This firm does not and will not submit any sham or collusive bid or any bid whose purpose is to have any contract be awarded to an entity other than Diamond Materials, LLC.  No employees of this Company are to engage in any of the above conducts or in any other conduct which has the purpose or effect or rigging any bid whether the effect is to have such contract be awarded to Diamond Materials, LLC or to another entity. Any employee who becomes aware of any such conduct, whether involving this Company or involving this Companys competitors, should report such information to Diamond Materials, LLC.

Revised January 11, 2004         Policies and Procedures-2

Diamond Materials, LLC has a vital interest in maintaining a work environment that promotes the health, welfare, and safety of its employees.  Being under the influence of drugs or alcohol poses unnecessary and unacceptable safety and health risks, not only to the user, but to all of those that work with him or her.  The Company has enacted and will carry out reasonable measures for ensuring a drug free workplace.

The possession, transfer, manufacturing, distribution, sales, or use of alcohol or illicit drugs is not permitted on Diamond Materials, LLCs premises or jobsites, or while operating, repairing, or maintaining Company equipment, or vehicles, or while operating a personal vehicle on Company business.  Any employee or subcontractor violating this policy will be subject to immediate termination for the first offense.  Any visitor found in violation will be escorted off of the site.

The Company recognizes that chemical dependency is a serious health problem.  Diamond Materials, LLC encourages all employees to seek assistance for such problems.  Reasonable efforts will be made to provide any help requested by the employee.  All supervisors and those in charge of administering this policy will use every effort to maintain strict confidentiality.

Revised January 11, 2004         Policies and Procedures-3

Diamond Materials, LLC has made it a policy for the entire company to submit to a urine drug/alcohol test. Pursuant to regulations instituted by the Department of Transportation, all drivers of trucks over 26,000 pounds must submit to a urine drug/alcohol-screening test. 

Drug and Alcohol Screening Requirements

1.   Pre-employment Testing

A pre-employment drug and alcohol-screening test is required for all new employees.  All applicants for employment must consent to a drug and alcohol screen test.  Refusal to submit or a verified positive test will cancel our offer of employment. All applicants will have the pre-employment drug screen and breath alcohol test deducted from their first paycheck.

      2.  Post-Accident Testing   

As soon as possible, but no later than 32 hours after an accident occurs, any employee whose performance either contributed to the accident or cannot be completely discounted, as a contributing factor to the accident shall be drug tested.  The decision to test or not to test shall be at the sole discretion of this Company.

3.    3.      Random Testing

At least 50 percent of all CDL drivers shall be drug tested, and 10 percent of all CDL license holders will be tested for alcohol every 12 months.  The employees for testing shall be selected at random.  An outside company will handle the test.

4.    Testing Based on Reasonable Cause 

Whenever there is reasonable cause to believe that an employee is using a prohibited drug, such employee shall be drug tested.  The decision to do the test will be based on a reasonable belief that the employee is using a prohibited drug on the basis of specified physical behavior or performance indication of probable drug use. 

5.   5.    Testing after Rehabilitation

A person who returns to duty as an employee after drug or alcohol rehabilitation shall be subject to a reasonable program of follow-up drug testing without prior notice.

Revised January 11, 2004         Policies and Procedures-4 

Diamond Materials, LLC is firmly committed to maintaining a work environment free of harassment and discrimination based on race, color, religion, sex, national origin, age, marital status, physical or mental disability, or veteran status.  The management of Diamond Materials, LLC believes that all employees have a right to a productive work environment free of harassment and discrimination.  Therefore, the policy of Diamond Materials, LLC is zero tolerance of any form of harassment and discrimination of or by its employees. 

Discrimination is any intimidating or prejudice conduct based upon race, color, religion, sex, national origin, age, marital status, physical or mental disability, or veteran status.

Sexual harassment, whether explicit or implicit, represents a form of harassment in which an employee either threatens or insinuates that an employees submission to or rejection of sexual advances will influence, either positively or negatively, the employees employment status with Diamond Materials, LLC.

Other sexual harassment or offensive conduct in the workplace is prohibited.  This conduct includes:

·        Repeated unwelcome physical contact or conduct of any kind, including sexual flirtations, touching, advances, or propositions.

·        Verbal abuse of a sexual nature.

·        The display in the workplace of demeaning, insulting, intimidating, or sexually suggestive material including objects, pictures, or nude photographs.

·        Demeaning, insulting, intimidating, or sexually suggestive written, recorded, or electronically transmitted messages.

·        Demeaning, insulting, intimidating, or sexually suggestive comments about an individuals dress or body.

Sexual harassment does not refer to an occasional compliment.  It does, however, refer to behavior that is not welcomed and personally offensive.

If you become aware of any behavior or activity that may be considered in violation of this policy, it is your responsibility to contact your supervisor, or human resources personal immediately.  Individuals who believe they have been subjected to harassment

Revised January 11, 2004         Policies and Procedures-6

Complaints of harassment and discrimination are taken very seriously by Diamond Materials, LLC and will be investigated promptly, ensuring as much confidentiality as possible.

Any employee who is found to have violated this policy will be subject to appropriate disciplinary action, up to and including termination.  Diamond Materials, LLC also prohibits any form of retaliation against employees for bringing bona fide complaints or providing information about harassment and discrimination.  However, if an investigation of a complaint shows that the complaint or information was false, the individual who provided the false information will be subject to disciplinary action, up to and including termination.

All supervisors are required to report all acts of sexual harassment and discrimination to Human Resources when these acts are brought to their attention.

Personal Visitors

Diamond Materials, LLC prohibits employees from receiving personal visits by individuals not employed by the company.  Furthermore, visitors are prohibited at any work site, unless approved by Management.  Company vendors, service personnel, prospective clients, and customers are excluded from this policy.  However, company vendors, service personnel, prospective clients, and customers are required to sign in and out.

Parking

Diamond Materials, LLC provides parking facilities for its employees inside the South Heald Street main gate, to the right as you enter our facility. Employees who use the company parking lot do so at their own risk.  Diamond Materials, LLC assumes no responsibility for any damage to, or theft of, any vehicle or personal property left in the vehicle while in the parking lot or any job site parking areas.

Parking in front of, or on the side of, the company office is reserved for the office staff and visitors to our business; all others will be towed without warning at the owners expense.

The Company supports carpooling, and the use of mass transportation as a community service.

 Revised January 11, 2004             Policies and Procedures-7

Diamond Materials, LLC strongly discourages outside employment by employees.  However, employees may hold outside jobs as long as they continue to meet the performance standards required of the job with Diamond Materials, LLC.  Employees who seek second jobs are asked to inform their supervisor prior to starting work.  Topics such as confidentiality, conflict of interest, and the affect of an outside job on a primary job may be discussed.

Employees seeking to write, publish, or have published materials related to employment with Diamond Materials, LLC must obtain prior written approval from Executive Management.

Compensation from or employment by competitors, vendors, customers, clients, or any company or person that constitutes a conflict of interest or is harmful to the Companys best interests is prohibited.

All employees will be evaluated by the same performance standards and will be subject to Diamond Materials, LLC scheduling demands, regardless of any existing outside work requirements.  If outside employment, including self-employment and outside independent contractor or consultant employment, interferes with an employees work performance, the employee may be asked to terminate the outside employment to remain employed with Diamond Materials, LLC.

Revised January 11, 2004             Policies and Procedures-8

The safety of the employees of Diamond Materials, LLC and the general public is of vital concern to our company.  It is our intent to perform operations in the safest manner possible consistent with good construction practices.  In order to reduce the potential of employees and non-employees injury, an organized and effective safety program must be implemented company wide.

Diamond Materials, LLC will provide employees with a safe place in which to work.  The companys superintendents and foreman are designated as the competent person in our safety efforts.  They have the experience and knowledge to recognize unsafe conditions, and are given the authority to stop work and make the necessary corrections to control exposure to unsafe conditions.

Our safety program requires the full cooperation of all our employees and subcontractors in order to be successful.  Any employee who willfully disregards known safety practices will be subject to our disciplinary policy outlined in the safety program.

Any unsafe conditions or practices noted by employees should be reported immediately to their foreman.  All work is to be conducted in a safe, effective, workman like manner and in accordance with the accepted safety standards of the trade and the Occupational Safety and Health Act of 1970.

Diamond materials, LLC safety program will be strictly enforced on all projects.

Revised January 11, 2004             Policies and Procedures-9

Company meetings are important.  A regular schedule of safety meeting has been established by Diamond Materials, LLC. Attendance is mandatory at all company safety meetings. All employees will be given notice of the date and time of the safety meetings, Employees who are absent, without an approved excuse, will be penalized one vacation day per occurrence.

Safety meetings are designed to reinforce your safety awareness, provide required training, allow you to ask questions, express concerns and observations, and hear what other employees have to say about safety at their jobsite.

Company Loan Policy

We, here at Diamond Materials, LLC appreciate all the hard work and dedication that each and every employee expresses.

However, it is not company policy to make cash advances or loans to our employees.  Our gratitude for your hard work and dedication is extended through weekly compensation and a strong benefits package.

Revised January 11, 2004         Policies and Procedures-10

 POLICY

On-the-job injuries/illnesses are to be immediately reported to the supervisor and appropriate forms are to be completed by the employee and supervisor and sent to the safety office. Diamond Materials, LLC will attempt to locate and assign employees work through temporary modification of duties, which meet medical restrictions provided by an employees attending physician.

 PROCEDURES

Employees shall, following every appointment, immediately provide to the Safety Director a medical statement, which includes limitations, time loss authorization and prognosis from their attending physician.

The safety office will request clarification from the attending physician when the limitations are unclear and provide employees a written temporary modified work assignment offer.

If you refuse an offer from Diamond Materials, LLC for light duty work which will meet your medical restrictions provided by your attending physician, or fail to report to work as specified by your physicians release, your employment will be terminated.

TERMINATION OF TEMPORARY MODIFIED WORK ASSIGNMENT

 The employees temporary modified work assignment will end when:

1    The employees attending physician releases them to their regular duties

2.   At any time the temporary modified work can no longer be made available by the jobsite

3.   The attending physician has made a medical determination that the worker is permanently disabled from returning to their position.

4.   An employee refuses a bona-fide offer from Diamond Materials, LLC for work, or fails to report to work as specified in the modified work assignment.

 Revised January 11, 2004                      Policies and Procedures-l

Purpose

The purpose of disciplinary guidelines are:

1.      To prescribe appropriate corrective action for substandard performance or unacceptable conduct.

2.      To give employees fair warning and counseling so that there is a clear understanding of what is expected.

3.      To give employees the opportunity to provide their viewpoints.

4.      To provide supervisors with the guidelines to follow in order to take timely, consistent and fair corrective action.

5.      To establish appropriate documentation in employees personnel records.

 Policy

It is the policy of Diamond Materials, LLC to follow traditional notions of progressive discipline whenever possible.  However, Diamond Materials, LLC reserves the right to discipline or discharge an employee without resorting to prior disciplinary measures.

The goal of Diamond Materials, LLCs disciplinary program is to help our employees achieve an acceptable standard of conduct and performance and thus, continued productive employment.  Diamond Materials, LLC will attempt to inform employees of improper conduct or substandard performance by way of counseling, progressive reviews, disciplinary action steps, coaching and documentation, so that dismissal may be avoided when possible.

Disciplinary Procedure

The following progressive disciplinary procedures are in place on all projects, unless otherwise specified in the jobsite safety program:

First Offense:                            Written warning to the employee

Second Offense:                       Written warning to the employee with one day off without pay

Third Offense:                           Employee Terminated. 

Revised January 11, 2004         Policies and Procedures-12

Overview

As a driver of a company vehicle, the authorized driver has been given certain privileges. He/she assumes the duty of obeying all motor vehicle laws, maintaining the vehicle properly at all times and, otherwise, following the policies and procedures outlined in the following.

Vehicle Fleet Purpose

Company vehicles are provided to support business activities and are to be used only by qualified and authorized employees.  In all cases, these vehicles are to be operated in strict compliance with motor vehicle laws of the jurisdiction in which they are driven and with the utmost regard for their care and cost efficient use.

·         Company vehicles may not be used for business activities of other companies.

·         Company vehicles are provided for business purposes only, not personal use.

Driver Licensing

Company drivers and anyone authorized to drive the company vehicles must have a valid drivers license issued in the state of residence for the class of the vehicle being operated and must be able to drive a vehicle. Obtaining a drivers license is a personal expense.

Driver Qualifications

Driver qualifications are as follows:

  1.     Authorized employee of company.

  2.     Must be at least 21 years of age.

  3.     Have at least one year of experience in the class of vehicle operated.

  4.     Must meet licensing requirements.

  5.     Will not qualify for a company vehicle if, during the last 36 months, the driver had any of the following experiences:

·         Been convicted of a felony.

·         Been convicted of solicitation, handling or use of drugs.

·         Has automobile insurance canceled, declined or not renewed by a company.

·         Been convicted of an alcohol- or drug-related offense while driving.

·         Had drivers license suspended or revoked.

·         Been convicted of three or more speeding violations or one or more other serious violations.

·         Been involved in two or more chargeable accidents.

Review of Motor Vehicle Record

State Motor Vehicle Records (MVRs) will be used as the source for verifying driver history. MVRs will be obtained and reviewed at least annually. Driving privileges may be withdrawn or suspended and/or the company vehicles removed for any authorized driver not meeting the above requirements. In addition, appropriate disciplinary action may be taken.

Maintenance

Authorized drivers are required to properly maintain their company vehicles at all times. Vehicles should not be operated with any defect that would inhibit safe operation during current and foreseeable weather and lighting conditions. Preventive maintenance such as regular oil changes, lubrication and tire pressure and fluid checks determine to a large extent whether you will have a reliable, safe vehicle to drive and support work activities. You should have preventive maintenance completed on your vehicle as required in the owners manual. This service should be done at the Diamond Materials, LLC vehicle shop.

Personal Cars Used on Company Business

The company does not assume any liability for bodily injuries or property damage; The employee may become personally obligated to pay arising out of an accident, occurring in connection with operation of his/her own car. You are required to have minimum liability limits as required by the State of Delaware.  The company does not specify and assumes no responsibility for any other coverage employees carry on their own cars since this is a matter of individual status and preference.

Traffic Violations

Fines for parking or moving violations are the personal responsibility of the assigned operator. The company will not condone nor excuse ignorance of traffic citations that result in court summons being directed to itself as owner of the vehicle.

Each driver is required to report all moving violations to the Safety Director within 24 hours. This requirement applies to violations involving the use of any vehicle (company, personal or other) while on company business. Failure to report violations will result in appropriate disciplinary action.

Please be aware that traffic violations incurred during non-business (personal use) hours will affect your driving status as well and are subject to review.

Accidents Involving Company Vehicles

In the event of an accident:

·         Do not admit negligence or liability.

·         Do not attempt settlement, regardless of how minor.

·         Get name, address and phone number of injured person and witnesses if possible.

·         Exchange vehicle identification, insurance company name and policy numbers with the other driver.

·         Take a photograph of the scene of accident if possible.

·         Call the police and the company safety director if injury to others is involved. Call the police and the company safety director even if there are no injuries.

·         Complete the accident report in your vehicle.

·         Turn all information over to the safety director with in 24 hours.

Thefts

In the event of the theft of a company vehicle, notify local police and the safety director immediately.

Driver Responsibilities

Each driver is responsible for the actual possession, care and use of the company vehicle in their possession. Therefore, a drivers responsibilities include, but are not limited to, the following:

·         Operation of the vehicle in a manner consistent with reasonable practices that avoid abuse, theft, neglect or disrespect of the equipment.

·         Obey all traffic laws.

·         The use of seat belts and shoulder harness is mandatory for driver and passengers.

·         Adhering to manufacturers recommendations regarding service, maintenance and inspection. Vehicles should not be operated with any defect that would prevent safe operation.

·         Attention to and practice of safe driving techniques and adherence to current safety requirements.

·         Restricting the use of vehicles to authorized driver only.

·         Reporting the occurrence of moving violations.

·         Accurate, comprehensive and timely reporting of all accidents by an authorized driver and thefts of a company vehicle to the company safety director.

Failure to comply with any of these responsibilities will result in disciplinary action.

Preventable Accidents

A preventable accident is defined as any accident involving a company vehicle whether being used for company or personal use or any vehicle while being used on company business that results in property damage and/or personal injury, and in which the driver in question failed to exercise every reasonable precaution to prevent the accident.

  1.     Classification of preventable accidents

·         Following too close

·         Driving too fast for conditions

·         Failure to observe clearances

·         Failure to obey signs

·         Improper turns

·         Failure to observe signals from other drivers

·         Failure to reduce speed

·         Improper parking

·         Improper passing

·         Failure to yield

·         Improper backing

·         Failure to obey traffic signals or directions

·         Exceeding the posted speed limit

·         Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) or similar charges.

·         Climbing on the side of his or her vehicle/truck. At no time will a Truck Driver climb on the side of his or her truck, the risk of falling is too great. Drivers are required to tarp their loads at the plant tarp rack stands. If a truck tarp is in need of repair, call the shop foreman. If your truck body is in need of clean out, see the truck master/dispatcher.

Violation of these rules will result in disciplinary action from removal of driving privileges to discharge.

I have read and will abide by the conditions as stated in this document regarding the operation of any vehicle for company business.

Revised January 11, 2004            Policies and Procedures-13

Employee Classifications

Probationary Employees are those whose performance is being evaluated during their first three (3) months of employment with Diamond Materials, LLC.  Employees who successfully complete their probationary period are reclassified as either regular full-time employees or exempt employees, depending on their position within the company.

Non-Exempt Regular Full-Time Employees are those who work a minimum of forty (40) regularly scheduled hours per week, have successfully completed their probationary period and are eligible for benefits provided by Diamond Materials, LLC.

Exempt Employees are classified as management and supervisory personnel who are not eligible for overtime pay.

Hours of Work

Employees with Diamond Materials, LLC work a variety of scheduled shifts and hours.  Due to the nature of the construction business, employees may be asked to work different or varied work hours.  Hours of work are subject to change based on business necessity.

Your supervisor will advise you of your regular work schedule, meal periods, and arrangements for personal breaks.  A work day is a period of twenty-four (24 hours, beginning at 12:01 a.m. and ending at 12:00 midnight).

Revised January 11, 2004         Hours of Work and Pay-1

Overtime

On occasion, it may be necessary for employees to work overtime in order to meet business needs. Non-exempt employees are paid straight time for time worked up to forty (40) hours per week and time and one half for hours worked over forty (40) hours per workweek.

Vacation and holidays pay does not count as time worked when calculating hours for overtime.

Positions determined to be exempt under the Fair Labor Standards Act (exempt employees) are not eligible for overtime pay and are expected to work the number of hours needed to accomplish their assigned task(s).

Pay Period

Diamond Materials, LLC workweek begins Sunday at 12:01 a.m. and ends Saturday at 12:00 midnight.  A payroll period consists of one workweek.

Unless otherwise required by law, employees are paid weekly.  Each paycheck will include earnings for work performed through the end of the immediately preceding payroll period. In the event that a regularly scheduled payday falls on a holiday, paychecks are generally distributed on the workday prior to the holiday.

If you desire to leave the jobsite or premises during working hours, you must notify and receive permission from your supervisor in advance of your departure.  You must also clock out as you leave and clock in as you return.

Disclosing payroll information is grounds for disciplinary action, including termination.  Review your paycheck for accuracy each pay period and you are expected to report discrepancies to your supervisor immediately.

Nothing in this handbook is a guarantee by the company of hours of work per day, per week, per year, or on any specific work schedule.

Garnishments

Diamond Materials, LLC is required by law to honor all legal claims against an employees wages such as child support payments, garnishments, tax levies, etc.

Revised January 11, 2004             Hours of Work and Pay-2

All employees receive a paycheck on Friday after 3:00 p.m. for work completed the previous work period.  All new employees will be paid the second Friday they are with Diamond Materials, LLC and every Friday thereafter for work completed the previous week.

Diamond Materials, LLC will not release your paycheck to anyone other than you, except with your written authorization.  Diamond Materials, LLC is required by law to make deductions from your paycheck for federal and state, local, and for social security taxes (FICA).  Any questions regarding your paycheck must be directed to your immediate Supervisor.

Breaks and Meal Periods

Employees working at least eight (8) hours per workday are eligible for two (2) ten-minute break period and one unpaid thirty (30) minute meal period that will be scheduled by your Supervisor as to time and location.  To insure continuity of field production needs and office procedures, it may be necessary to stagger meal and break times among employees.

Absenteeism

Employees who are absent for any reason are required to notify their Supervisor or the main office at (302) 658-6524 by 6:00 a.m. and leave a message on the voicemail. Excessive absenteeism will be cause for termination.  Any employee who is absent from work for two days without notifying Diamond Materials, LLC will be considered to have voluntarily terminated their employment with the company.

Revised January 11, 2004             Hours of Work and Pay-3

Vacation Time

It is the policy of Diamond Materials, LLC to permit full-time Exempt and Non-Exempt employees to accrue vacation time with pay, in accordance with the guideline established in this policy. 

No vacation rights are earned and no paid vacation days may be taken until twelve (12) full months have passed since you were hired. 

Non-Exempt (hourly) employees who have successfully completed one year of continuous employment are eligible for five (5) days vacation and will receive forty hours pay at the regular rate. 

The amount of vacation time employees accrue each year (after completion of there first year) increases by one day per year of employment.  After completion of the sixth year of employment, employees will be eligible to receive ten (10) vacation days and will receive 80 hours pay at your regular rate.  After 12 years of continuous employment employees will be eligible for 15 vacation days and will receive 120 hours pay at your regular rate.

Exempt (salary) employees who have successfully completed one year of continuous employment are eligible for ten (10) vacation days and will receive two weeks pay at your regular rate.  After six (6) years of employment you will be eligible for fifteen (15) vacation days and will receive three (3) weeks pay at your regular rate.

Your vacation time must be scheduled in writing and approved by your supervisor at least four (4) weeks in advance.

Vacation time can only be taken in units of one or more days.

 Revised January 11, 2004         Your Employee Benefits-1

The first vacation year is defined as the twelve-month period beginning with your first employment anniversary date. After the first year your vacation coincides with the calendar year. See Examples below.

Example 1:     Your date of hire is February 1, 2000. On January 30, 2001,   you are eligible for 5 days vacation (if paid hourly) or 2 weeks (if salaried). January 1, 2002, starts your next vacation year and will continue on a calendar year basis.

Example 2:     Your date of hire is September 30, 2000. On October 1, 2001,

you are eligible for 5 days vacation (if paid hourly) or 2 weeks (if salaried).

January 1, 2002 start your next vacation year and will continue on a calendar year basis.

Should a holiday fall within the period of your vacation, that day will be considered as a holiday leave and will not be deducted from your vacation time.

Everyone that works here has an important job to do. For that reason, where operational efficiency precludes allowing two or more employees to take vacation at the same time, the supervisor will determine the schedule, and will consider the employees relative seniority, and the workload requirements in making that decision.

Revised January 11, 2004         Your Employee Benefits-2

Once you have successfully completed your probationary period of employment, you become eligible for a leave of absence with pay at your regular rate for a maximum of three (3) regularly scheduled work days lost due to a death in your immediate family, provided the time off is taken during the period between the day of death and the day following the burial, both inclusive. Immediate family is defined as spouse, parents, children, grandchildren, brother or sister, and in-laws or step relatives of the same degree. If additional time is needed due to travel outside the local area, you may request an extension of this leave, without additional pay.

Compensation will be based on the number of hours missed, not including overtime, in an eight (8) hour day. When the death occurs during a time when you are working, such as scheduled off, holiday, vacation, illness, injury or layoff, no payment will be made for funeral leave during that time period.

A one-day leave with pay will be granted for the death of grandparents, grandparents-in-law, aunts, uncles, nephews, nieces, (of employee only), or great grandparent.

Military Leave

Diamond Materials, LLC in accordance with applicable law will grant military leave.

Jury Duty

Time off for jury duty is granted to all regular full-time employees who have successfully completed their probationary period, in accordance with applicable law. If you are called for jury duty, you must provide your supervisor with a copy of the subpoena, jury certificate, or court order before leave is granted, and again upon return to work. You must also furnish receipts or other records provided by the court showing the amount received as jurors fees, travel expenses, or any other compensation provided by the court.

When you receive a notice to report for jury duty, advise your supervisor immediately. If you are not required to serve as a juror on a particular day, you must report for work on that day.

Your jury duty pay will be based on eight (8) hours. No overtime wages will be paid. All compensation received from the court, including travel expenses, will be set off against your regular base rate, and you will receive the difference.

Revised January 11, 2004             Your Employee Benefits-3

All regular full-time employees are eligible for our Companys Hospitalization and Major Medical Insurance Program, Dental Plan, and Prescription Plan. This coverage becomes effective once you have successful completion of your probationary period.  New employees may enroll after their probationary period. Otherwise, open enrollment is once a year during the month of November.

Our insurance and other plan benefits are discussed in more detail in separate booklets and in the formal contracts and other plan documents. In the event there is any question or conflict in language or interpretation between those booklets and documents in relation to the provisions of this handbook, the terms of actual contracts and other plan documents will control over the summaries in this handbook.

Short-Term Disability

All regular full-time employees are eligible for disability benefits due to sickness or non-job-related accidents after successfully completing your probationary period. All premiums under this Disability Insurance Plan are fully paid by our company. If you are off from work due to sickness, there is a seven (7) day waiting period. The maximum benefit period for short-term disability is 26 weeks.

Life Insurance

All regular full-time employees are eligible for the Companys Life Insurance Plan. Premiums for this insurance are fully paid by our company. See your plan booklet for details.

Benefits Continuation (COBRA)

If your health care coverage ends, you may be able to continue that coverage through COBRA (the Consolidated Omnibus Budget Reconciliation Act of 1985).  If your employment with us is terminated, or if you experience a reduction in hours of employment, you may be eligible to either continue your present level of health insurance coverage under the Companys group health insurance plan, at your own cost, for a period of up to eighteen (18) months, or you may be able to convert your group coverage to individual coverage. You have 60 days from the date of termination to inform us if you want to continue coverage.

If your spouse and any dependent children are covered under our companys group health plan at the time of your termination or reduction of hours, they may also have the same right to continue their health insurance coverage. In addition, they may have the right to elect to remain covered under our plan if they lose coverage because of: (a) your death; (b) your divorce or legal separation; (c) your entitlement to Medicare; or (d) a  dependent childs ceasing to be a dependent child under the plan. However, if events (b) or (d) above occur, you or your spouse must notify us of the event within 60 days in order for your spouse or child to be eligible to continue coverage.

To be eligible for these continuation or conversion rights for yourself or your spouse and any dependent children, the law requires that certain conditions be met. If any of the above events occur, contact the office as soon as possible for further assistance. In addition, the plan booklet you receive contains further details concerning your health insurance coverage and the extension of such benefits coverage that governs in the event of any conflict. Of course, because the law changes and because our health insurance benefits change periodically, the continuation and conversion of benefits described above may also change.

Family and Medical Leave (FMLA)

Employees with a minimum of twelve (12) months of service are eligible to request a leave of absence. Leave of absence may be requested for childbirth, adoption of a child, or a serious health condition of the employee or employees immediate family member (spouse, child or parent) without pay.  (The FMLA period provides a minimum of 12 workweeks of job protected leave, with an additional week of non-job protected leave for each full year of service after qualifying and exhausting the 12 workweek FMLA entitlement).

Employees must provide thirty (30) days advance notice of any foreseeable leave request under this provision.  If thirty (30) days notice is not practical, such as in the case of a medical emergency, leave should be requested as soon as possible under the circumstances requiring the leave.

To request FMLA leave for a serious health condition, employees will be required to submit certification from a physician (or other appropriate health care provider) stating:

1. The date on which the serious health condition began;
2. The probable duration of the condition;
3. The appropriate medical facts within the knowledge of the health care provider regarding the condition; and
4. (a) For a serious health condition of an employees family member, a statement           that the employee is needed to care for that family member and an estimate of the amount of time needed for the employee to care for the family member; or

(b) For the employees own serious health condition, a statement that the employee is unable to perform the essential job functions of his/her position; or

(c) The dates and duration of such treatment, if leave for intermittent medical treatment is requested.

When leave for a serious medical condition is foreseeable, employees must provide such a medical certification within fifteen (15) calendar days of their request for leave, unless it is not practical under the particular circumstances to do so, despite their diligent good faith efforts.  If an employee fails to provide such timely certification, the leave request may be denied until a reasonable period after the required certification is provided.

The company will maintain full insurance coverage under its group health plan as outlined under FMLA guidelines.  However, payment of employee health care contributions is required at the same time, as it would be made if by payroll deduction.

If the employee does not return from leave, Diamond Materials, LLC may recover premiums for maintaining group insurance coverage paid during the leave unless the employees failure to return to work was due to medical or other circumstances beyond the control of the employee.

In maintaining the spirit of FMLAs intent, employees should not participate in outside or supplemental employment while on an FMLA leave of absence.

Employees that do participate in other employment while on an FMLA leave may be in violation of FMLA (based on circumstances) and have all FMLA benefits denied.

An employee who takes leave under this policy due to his/her own serious health condition will be required to provide a fitness-for-duty certification from their health care provider stating that the employee is able to resume the essential functions of their job.

Upon return from a family or medical leave, an employee will be returned to the same or an equivalent position unless the employee fails to provide a required fitness-for-duty medical certification or is a key employee whose reinstatement would cause substantial and grievous economic injury to the Companys operations.

Furthermore, in regards to family and medical leave, Diamond Materials, LLC specifically reserves the rights available to employers under the Family Medical Leave Act of 1993, even if those rights are not specifically referenced in this policy.

Workers Compensation

It is our goal to provide you with a safe work environment.  Sometimes accidents do happen.  When they do, you must immediately report your injury to your foreman or superintendent.

It is also our policy to see that you get prompt, quality emergency medical treatment. For life threatening injuries, treatment will be given in the emergency room of the nearest hospital. For most non life threatening injuries we have contracted for occupational medical services with the following primary care center:  Omega Medical Center, 15 Omega Drive, Building K, Newark, DE 19713.  Their phone number is (302) 368-5100. If you are injured please contact your Safety Manager to help speed up the claims process.   

The most popular form of voluntary savings is through a tax-deferred arrangement called a 401 (k) plan, which allows you to save up to 15% of your gross pay. Saving the 401(k) way will also get you another company benefit. We add twenty-five (25) cents to each dollar you save up to the first 6% you contribute. Through this plan, your current taxable income is reduced by whatever you save and no federal income tax is paid on your contributions, on company contributions, or on interest earned, until you actually withdraw the money.

Every regular full-time employee is eligible to participate in this plan after one year of employment. The entry dates are January 1, April 1, July 1, and October 1 of each year. Please keep in mind this plan was set up mainly for your retirement and the IRS has strict rules applying to withdrawals. Please consult your plan booklet for details.

Unemployment Compensation

Diamond Materials, LLC contributes under the State Unemployment Compensation Act to insurance funds that may provide you with income in the event you become laid off and unemployed through no fault of your own. As an employee, you pay no part of the fund that provides you with this benefit. Our company pays the entire cost for this protection.

Uniforms

We subscribe to a uniform service. If you choose to wear a uniform, the service will launder and maintain them for a cost. Uniform service is paid for by a payroll deduction. Upon separation from our company for any reason, all uniforms must be turned in to the company or a deduction for uniform costs will be made from your final paycheck.

Revised January 11, 2004       Your Employee Benefits-7

All regular full-time employees are eligible for holiday pay at their regular base pay for the following six (6) Holidays:  New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. Because of the nature of our operations, snow removal for example, it may be necessary for some employees to work on a holiday. Non-exempt employees will be paid at your regular rate for all hours worked, in addition to receiving holiday pay.

Holiday pay does not count as time worked for purposes of calculating overtime pay for non-exempt employees.

Unless notice to the contrary is given, when the holiday is celebrated on a Sunday, Monday will be the paid holiday. When the holiday is celebrated on a Saturday, Friday will be the paid holiday. At the Companys discretion if a holiday falls on a Tuesday or Thursday (i.e., Thanksgiving), you may be asked to work the previous Saturday so you may have a four day holiday weekend. Your time for that previous Saturday will be carried over to the Monday or Friday that was not worked.

Educational Assistance.

We want to help you do your job better and improve your ability to progress within our company. To encourage this, the company has started an Educational Assistance Benefit. Employees will be reimbursed 75% for tuition (books, registration fees, and laboratory fees not included), to a limit of $1,000.00 per year.

This does not mean an entire degree program, but any individual courses that, in our Companys judgment, are good quality, directly relates to your present position, and/or provide attainable skills for career mobility within this company. Course attendance must be on the employees own time and should not interfere with his/her regular job.

This is available to any regular full-time employee who has been employed continuously by the company for one (1) year or more. The course and fee must be approved at least (3) weeks prior to enrollment. The Human Resources Manager and/or the owners will give approval. Educational Assistance forms will be available at each office.

Upon completion of the course, you must submit evidence of satisfactory completion of the course (grade C or better, or its equivalent where grades are given, or a passing grade in a pass/fail course) and evidence of your payment of the course. You must also be actively employed by the firm in a full-time basis for at least 90 days after completion of the course in order to receive reimbursement. The amount of reimbursement for which you are eligible will be reduced by the amount of any government educational assistance or scholarship you receive.

Revised January 11, 2004       Your Employee Benefits-8

Good communications are vital to the success of Diamond Materials, LLC and successful employee relations.  We encourage employees to communicate with their immediate supervisors and managers on a regular basis and to make every reasonable effort to resolve their concerns.  When this is not possible, our company provides employees with another avenue for resolving disagreements.

We have an open door policy, which allows each employee to address his/her concerns and have eventual access to senior management by following a specified conflict resolution process.  

Conflict Resolution Policy

Step One:  Employees will discuss their problem or concern with their immediate supervisor or manager.

Step Two:  Employees that are not satisfied at Step One will advise their immediate supervisor or manager that they request the next level of management to review their problem or concern.

Employees are free to continue this procedure right up to senior management, who will then make a final decision.

During these steps, the human resources representative may be involved as an interpreter of policy and to assist in reaching a mutually satisfactory resolution.  If employees believe that they cannot discuss the matter with their supervisor or manager.

Revised January 11, 2004 Communication-1

Bulletin Boards

Only company approved notices and communications to our employees are to be posted on company bulletin boards.  All items must be approved in advance and posted by the human resources and safety department.  Approved items may include company communications such as company sanctioned educational or humanitarian events and safety notices.

Unauthorized items such as religious items, non-company pamphlets, or other non- company related organization or solicitation items are not permitted and will be removed.

Electronic Communication Policy

Internet browser (www) access and Internet (external) e-mail access is available.  Your employee we site is located at http://diamondmaterials.tripod.com All Internet access is to be used for business purposes only.  Browser access requires justification and approval by the users immediate supervisor.  Diamond Materials, LLC electronic communications systems must be used only for business activities.  Users are forbidden from using Diamond Materials, LLC electronic communication systems for charitable endeavors, private business activities, or amusement/entertainment purposes.  Employees are reminded that the use of company resources, including electronic communications, should never create either the appearance or the reality of inappropriate use. 

No Guaranteed Message Privacy

Diamond Materials, LLC cannot guarantee that electronic communications will be private.  Employees should be aware that electronic communications could, depending on the technology, be forwarded, intercepted, printed, and stored by others.  Furthermore, others can access electronic communications in accordance with this policy.

Encryption

Employees are reminded that Diamond Materials, LLC electronic communications systems are not encrypted by default.  If sensitive information must be sent by electronic communications systems, encryption or similar technologies to protect the data must be employed.

 Revised January 11, 2004 Communication-2

The content of electronic communications may be monitored and the use of electronic communications systems will be monitored to support operational, maintenance, auditing, security, and investigative activates.  Users should structure their electronic communications in recognition of the fact that Diamond Materials, LLC will from time to time examine the content of electronic communications.

At no time shall e-mail contain inappropriate remarks pertaining to race, religion, age, sex, or any form of discriminatory language.  Management reserves the right to periodically check all e-mail messages and attachments.  Anyone found using inappropriate language, will be subject to disciplinary action, up to and including termination.

Finally, be sure to allow yourself enough time in the day to send your information by some other mean in case your e-mail is undelivered.  Never depend on Internet e-mail for the delivery of critical information.

Disposal of Sensitive/Confidential Information

All sensitive, secret, and confidential information that is no longer being used or that is no longer needed is to be shreddered.  Such information should NEVER be placed in the trash can or taken from the building in which you work.

Performance Reviews

From time to time we may review your job performance, discuss your work related concerns and your career goals. We also want to identify and discuss your strong points as well as areas that need improvement. More over, we take into consideration the results of your job performance evaluation when making our decisions on merit pay increases. In your first year of employment, you may be reviewed during your first 90 days. Special performance reviews may be conducted at any time, at the companys discretion.

Promotions

Company employees are given full consideration for available positions of greater responsibility. This is based on the Companys judgment as to your ability to meet the requirements of the job, including but not limited to your training, work performance, attendance, length of service (seniority), with our company, and other qualifications are factors that our company deems relevant. Nothing herein is to be considered a waiver of the companys right to promote employees as needed for our efficiency of operations, at our discretion.

 Revised January 11, 2004            Communication-3

During the performance of your duties, questions may arise or personal problems may occur that affect your work. The following more formal procedure has also been established for your use in resolving these matters. (Please note that issues pertaining to suspension and discharge are dealt with separately in another section of this handbook, and are not to be raised through this problem solving procedure.)

Step 1.   Within a week of the occurrence of the problem, you may       ask for a conference to talk it over with your immediate supervisor

Step 2.   In the event your supervisor does not resolve your problem to your satisfaction within a weeks time, you may ask (within the following week) for a meeting with your superintendent to talk it over.

Step 3.   We recognize that some problems may be of such a personal nature or that, for some other good reason, you may prefer not to discuss the matter within your department or with your supervisor. In such case, you should take the matter to the president or the human resources manager.

Notification By Mail And Paycheck And the Internet

We believe it is important to give you an opportunity to learn more about the benefits you receive from our company in order to help you plan for your future financial security. From time to time, therefore, we will be sending information and updates to your home or along with your paycheck and on your employee web site at http://diamondmaterials.tripod.com.

Keep Us Up-To-Date

Up-to-date, personal information is necessary for a number of reasons, including ensuring the administration of your employee benefits. It is your responsibility to notify our company promptly of any change in your address, telephone number, and marital status, number of dependents, beneficiary designation, drivers license status, or anything else that would affect your employee benefits or our ability to contact you quickly.

Revised January 11, 2004            Communication-4

Diamond Materials, LLC

Cellular Phone Policy

Policy:

This policy outlines the use of personal cell phones at work, the personal use of business cell phones and the safe use of cell phones by employees while driving.

Procedures:

1.                  Personal Cellular Phones

Personal calls during work hours, regardless of the phone used, can interfere with employee productivity and be distracting to others.   Employees are therefore asked to make personal calls during breaks and lunch period only and to ensure that friends and family members are aware of the companys policy.  Diamond Materials, LLC will not be liable for the loss of personal cellular phones brought into the workplace. Employees are not authorized to use personnel cell phones during working hours.

2.                  Business and Personal Use of Company-Provided Cellular Phones, Beepers and Radios

Where job or business needs demand immediate access to an employee, the company may issue a business cell phone, beeper and/or two-way radios to an employee for work-related communications.  Such equipment is to be used for business reasons only.  Phone logs may be audited regularly to ensure no unauthorized use has occurred.  Abuse of use may result in disciplinary action.  Employees in possession of company equipment such as cellular phones, beepers and radios are expected to protect the equipment from loss, damage or theft.  Upon resignation or termination of employment, or at any time upon request, the employee may be asked to produce the equipment for return or inspection.  Employees unable to present the equipment in good working condition within the time period requested (i.e. 24 hours) will be expected to bear the cost of a replacement.  Employees who separate from employment with outstanding debts for equipment loss or unauthorized charges will be considered to have left employment on unsatisfactory terms and may be subject to legal action for recovery of the loss.

3.                  Safety Issues for Cellular Phone Use

Employees who are issued a cell phone for business use are expected to refrain from using their phone while driving.  Safety must come before all other concerns.  Regardless of the circumstances, including slow or stopped traffic, employees are to pull off to the side of the road and safely stop the vehicle before placing or accepting a call.    Employees who are charged with traffic violations resulting from the use of their phone while driving will be solely responsible for all liabilities that result from such actions.  Violations of this policy will be subject to the highest forms of discipline, including termination.

4.                  Special Responsibilities for Company Supervisors

As with any policy, management staff is expected to serve as role models for proper compliance with the provisions above and are encouraged to regularly remind employees of their responsibilities in complying with this policy.

April 5, 2004     Communication-5

Attendance and Punctuality

Your regular attendance is essential to the efficient flow of business and is considered a measure of your desire to perform your job.  Tardiness and absenteeism detract from the quality service we provide to our customers.  Listed below are the procedures that outline our expectations regarding your attendance and punctuality.

1.      All employees are expected to be at their work area at the start of their scheduled work time.

2.      Employees must request prior approval from their immediate supervisor or foreman for anticipated absences or delays.

3.      You are expected to report unscheduled absences or unavoidable delay in reaching work, by telephone, personally, to your immediate supervisor or foreman prior to your scheduled shift.  If you are unable to reach your supervisor or foreman by telephone, a message should be left indicating a return number where you may be reached. 

4.      Employees who are absent for two (2) consecutive workdays without notifying their supervisor are considered to have voluntarily resigned.

5.      Diamond Materials, LLC reserves the right to require an employee to submit a physicians certification in the event of repeated absences for medical reasons or in the event of an absence of three consecutive days. 

6.      Excessive tardiness will be subject to disciplinary action up to and including termination of employment.

Revised January 11, 2004       Your Obligations-1

Your time record is important because it is the basis of your pay record. The shop has a time clock for non-exempt employees. Punch your time card when you start work and when you stop work. At the facilities or departments that do not have time clocks you will write on the card when you start and stop work.

Exempt employees are not required to punch a time clock, but are required to use a time card to record days worked or vacation days.

Field employees will record their time on a daily and weekly time card. The weekly time card for exempt employees must be handed into the office the following Monday morning in order to be paid on Friday.

Keep Us Up-To-Date

Up-to-date, personal information is necessary for a number of reasons, including ensuring the administration of your employee benefits. It is your responsibility to notify our Firm promptly of any change in your address, telephone number, and marital status, number of dependents, beneficiary designation, drivers license status, or anything else that would affect your employee benefits or our ability to contact you quickly.

Courtesy

We view service to our customers and business family as one of our most important responsibilities. You are expected to help us carry out this policy by extending every courtesy and all assistance necessary, not only to our customers and your fellow employees, but also to any callers or business visitors to Diamond Materials, LLC office or its field sites. If someone asks you for assistance that you are unable to give, refer him/her to your supervisor or to the office staff.

 Revised January 11, 2004    Your Obligations-2

It is the policy of Diamond Materials, LLC that certain rules and regulations regarding employee behavior are necessary for efficient business operations and for the benefit and safety of all employees.  Diamond Materials, LLC expects all employees to conduct themselves in a professional manner when representing our company.  This applies whenever an employee is representing our company while at the work site, or other company related activities or functions.  Conduct that interferes with operations, discredits Diamond Materials, LLC, or is offensive to customers, inspectors, or co-workers will not be tolerated.

Unprofessional conduct is defined as personal or business conduct that interferes with company operations or brings discredit to our Company.  The following examples of unprofessional conduct are not intended to be an all-inclusive list, but lists violations which will be subject to discipline, up to and including termination.

·        Unauthorized attempt or entry the office, shop, yard storage areas and jobsites.

·        Falsification of records, time sheets, expense reports, employment applications, etc.

·        Unauthorized disclosure of information containing customer, employee, payroll, or other company business.

·        Use of illegal drugs or abuse of other controlled substances or alcohol.

·        Selling, dispensing or possessing alcohol or illegal drugs or narcotics on company premises.

·        Threatening, coercing, or intimidation others while on Company premises or on company business.

·        Possession of dangerous or unauthorized materials in the workplace, such as explosives or firearms.

·        Insubordination and/or refusal to follow instructions.

·        Leaving the jobsite or work area without permission during regularly scheduled working hours.

·        Failing to work in a safe manner, sleeping on the job and/or endangering the health of yourself or others.

·        Wrongful taking, misappropriation, conversion, or damage to Diamond Materials, LLC property or the property of co-workers, customers, or suppliers.

·        Discrimination against or harassment of an employee based on race, sex, age, national origin, non-job related disability, etc.

·        Abuse, destruction, or theft of Diamond Materials, LLC property, computers or other equipment, vehicles, or the property of other employees.

·        Disorderly conduct, including fighting or horseplay within Diamond Materials, LLC facilities or jobsites.

·        Excessive tardiness or absenteeism or failure to report absence within a reasonable time.

·        Conducting personal business or making excessive personal telephone calls during working hours.

Revised January 11, 2004    Your Obligations-3

·        Engaging in illegal, immoral, or indecent conduct on company premises.

·        Violation of safety rules and/or failure to properly use safety equipment or gear.

·        Giving unauthorized testimonials, endorsements or statements using Diamond Materials, LLCs name without expressed prior approval of the president.

·        Disclosing trade secrets or confidential company information.

·        Gambling on company property.

·        Wearing inappropriate attire or having an inappropriate personal appearance.

·        Dishonesty in an internal investigation.

Confidentiality

As an innovative company in a highly competitive business, Diamond Materials, LLC follows a strict security policy.  No employee may disclose (either during or after his or her employment with Diamond Materials, LLC) to any other person any confidential information relating to the business of the company.

This policy applies to all confidential information, including but not limited to job biding procedures, production procedures, financial data, account information, personnel data and payroll data.

·        The confidential business of Diamond Materials, LLC should be discussed only within the company and among those persons with whom it is appropriate and necessary to do so.

·        The companys confidential activities should not be discussed with the media, suppliers, customers, vendors, competing or non-competing companies, or anyone outside of the company.

It is crucial to remember that Diamond Materials, LLC has spent substantial time, effort and resources to develop its special expertise in the construction industry.  It is in our best common interest that all members of our organization understand and practice the policy outlined above.

Disclosure of any unauthorized confidential and proprietary information is subject to disciplinary action, including termination.

The safety and security of Diamond Materials, LLC personnel, customers, and visitors are of vital importance.  Therefore, acts or threats of violence made by an employee against another persons life, health, well-being, family, or property will not be tolerated.  This policy applies to any threats made on Diamond Materials, LLC property, at company events, or under other circumstances that may negatively affect the company events, or under other circumstances that may negatively affect the companys ability to conduct business.  Violations of this policy will be subject to discipline, up to and including termination of employment.

Such acts or threats of violence whether made directly or indirectly, by words, gestures, or symbols, infringe upon the companys right or obligation to provide a safe workplace for its employees.

Diamond Materials, LLC prohibits the following:

·        Any act or threat of violence made by an employee against another persons life, health, well-being, family, or property.

·        Any act or threat of violence including, but limited to, intimidation, harassment, or coercion.

·        Any act or threat of violence, which endangers the safety of customers, employees or visitors.

·        Any act or threat of violence made directly or indirectly by words, gestures, or symbols.

·        Use or possession of unauthorized materials on Diamond Materials, LLC premises, such as explosives or firearms.

It is a requirement that employees report, in accordance with the intent and purpose of this policy, any behavior of a fellow employee, customer, or visitor that appears to compromise the companys ability to maintain a safe work environment. 

Diamond Materials, LLC believes that employees may be better prepared to avoid or prevent violence if they are able to recognize early warning signs in advance and follow appropriate response procedures.  Employees will therefore play a crucial role in the administration of this policy.

Revised January 11, 2004       Your Obligations-5

We expect all employees to take pride in their appearance by arriving for work properly dressed, well-groomed, and adhering to acceptable hygiene standards and be free of bodily odor.  It is the policy of Diamond Materials, LLC to require all employees to wear appropriate attire for their work site and location.

Acceptable attire for Female office employees: 

Preferred attire is business casual. However, jeans are also acceptable if clean and neat. Sweat pants and athletic type outfits are permitted as long as they are neat, stylish and presentable. Shorts, skorts, skirts and sundresses are permitted in the summer months, but they must be presentable, neat and of decent length.  No bare belly skin is allowed, no matter how nice the quality of the garment.

Unacceptable attire:  Sloppy or worn out sweats, t-shirts, or sneakers, midriff tops, provocative blouses, worn t-shirts or jeans, too-tight jeans, skirts or shorts higher then mid-thigh, frayed shorts, or flip-flop sandals, hot pants or short-shorts and mini skirts.

The Office Manager reserves the right to send any office employee home, without pay, due to improper or indecent dress attire.

Acceptable attire for men:  Business casual attire, shirt and jeans with appropriate footwear.

Acceptable attire for Flaggers:  long pants, shirt or t-shirts with sleeves, orange hardhat, high intensity safety vest and work boots. 

Acceptable attire for field site personnel:  Long pants, shirt or t-shirts with sleeves, hardhat and safety vest when working next to traffic and work boots.

Revised January 11, 2004    Your Obligations-6

Your safety on the job begins with your understanding of your job and our safe work rules.  The management of Diamond Materials, LLC, in an effort to reduce work-related accidents and injuries, has established and adopted safety rules and regulations that will be strictly enforced on all projects.

The following are common sense rules applicable to all of our employees:

·        Read and follow the companys safety policy

·        Report any unsafe or hazardous activity or area to your Supervisor immediately

·        Report all accidents occurring on company property or jobsites, no matter how minor, to your Supervisor immediately

·        Be alert to potential fire, electric, or other potential hazards

·        Always use your seat belts when operating company vehicles and equipment

Employee who violate safety standards, who cause hazardous or dangerous situations, or who fail to report, or where appropriate, remedy such situations may be subject to disciplinary action including termination.

Employee Safety Responsibilities

The health and safety of each Employee is a major responsibility. Therefore, all Employees of Diamond Material must share this obligation. Employees must take every initiative for their own safety and that of co-workers. Employees must know and follow safe and proper procedures, and be aware of the hazards pertaining to their job. Therefore, Employees must at all times use the proper safety equipment provided.

As a condition of employment, Employees must become familiar with, observe and obey company rules and established policies for health, safety and prevention of injuries while at work. Additionally, employees MUST learn the approved safe practices and procedures that apply to their work.

Prior to beginning special work or new assignments, an employee should review applicable and appropriate safety rules. 

If an employee has any question about how a task should be done safely, he/she must NOT  begin the task until he/she discusses the situation with his/her foreman. 

It is of utmost importance that employees immediately report any hazardous conditions, unsafe practices or improperly functioning equipment. Only by constant attention and quick reporting by all employees will we be able to eliminate all hazards, and thereby prevent accidents and make this the safest possible place of employment.

Revised January 11, 2004       Your Obligations-7

10. Place ladders on a substantial base and do not use ladders with broken, improperly spaced, split or missing rungs or rails. Extend straight ladders 36 inches above the landing platform and secure in place.  Face the ladder and keep hands free of tools and material.  Never straddle, work with your back to, or work above the specified rung of a stepladder.  Ladders, stairs, or ramps are to be provided where there is a 19 break in elevation.
11. Store and transport gasoline in authorized OSHA approved safety cans only.
12. No smoking is permitted near flammable liquids.
13. Compressed gas cylinders must be secured in an upright position and protective caps must be in place during storage.
14. Horseplay, fighting or possession of firearms on site will not be tolerated.
15. The use of or being under the influence of alcohol or drugs while on the job site is prohibited.
16. Sexual harassment and discrimination will not be tolerated.
17. Maintain housekeeping win the work area.  Do not leave materials in aisles, walkways, stairwells, roads, etc. which present a possible tripping hazard.  Waste materials are to be disposed of on a daily basis.
18. All stored chemicals and materials should be properly labeled and inventoried.
19. A fire extinguisher must be available in the area where burning or welding is taking place.  Fire extinguishers also are to be carried in all company vehicles and office trailers.  Do not tamper with fire protection or remove it from the assigned area unless it is to be used.
20. Obey all caution and danger signs, barricades, and safety permit tags posted in the work area.
21. Return all fall protection (guard rail systems, wire rope, etc.) to its original position if taken down to perform work prior to leaving the work area.
22. Obey all fall protection requirements.
23. All employees must be trained in, and comply with, the OSHA Hazard Communication Standard or Right To Know laws governing the use and exposure to hazardous or toxic chemicals on the job.
24.  Employees will not enter confined space without a proper entrance permit issued by a competent person.
25. All excavations will be properly shored or sloped/benched in accordance with OSHA regulations.
26. All electrical equipment shall be properly grounded and used with GFI.  Damaged extension cords will be removed from service.
27. Only qualified and assigned personnel will perform blasting.
28. All motorized equipment will be inspected daily, prior to use, to include all required reports (i.e. cranes, lifting devices, etc.).
29. Grab bars and steps shall be used when getting on and off equipment.
30. Daily operation responsibilities regarding any piece of equipment are as follows:

Pre-Start Checks

      Coolant level                                         Engine oil level

      Transmission level                             Hydraulic oil

      Fuel level                                                    Tires

Revised January 11, 2004    Your Obligations-9

Check warning system

All compartment fill caps are present and locked

Warm-Up

            Grease machine

Check for loose or missing hardware

Adjust tracks if necessary

Check that gauges are operating

Report any leaks

Shut Down

Park equipment accessible for fuel

Idle machine for 3-5 minutes

Clean tracks

Properly secure against vandalism

Note:  In wintertime, track equipment will be parked on wood, stone or tires.  Equipment with water systems will be winterized daily.

 The work rules are minimum.  All local, state and federal rules and regulations applicable to our operations also apply.  Failure to follow the above work rules will result in disciplinary action up to and including discharge.

Voluntary/Involuntary Termination

Every company must plan its future personnel needs if it is to operate efficiently.  Should you decide to leave Diamond Materials, LLC, notify your supervisor in writing at least two (2) weeks in advance of your final day of work.  Failure to do so will mean forfeiture by you of all accrued vacation time and certain other benefits as noted in this handbook.

Any employee that is fired or released from employment will forfeit all unused vacation time.

Revised January 11, 2004       Your Obligations-10

Your job will/could require you to utilize Diamond Materials, LLCs tools, vehicles and equipment in order to accomplish your job. When provided with the tools, vehicles and equipment it takes to perform our job, we expect you to keep them free from damage and theft.

Therefore any lost, stolen or damaged tools, vehicles and equipment issued to you, must be replaced at your expense up to $5,000.

Before such charges are deducted, you will be entitled to review the repair/replacement cost of such items. All such items repaired or replaced will remain the property of Diamond Materials, LLC.

January 9, 2004    Your Obligations-11

La mesa del Contenido

  ¡La bienvenida!

  La mesa del Contenido

  1      Nuestro EmpleoPractica

  Su Guía del Empleado                                                                        1

El Compromiso de la Oportunidad de empleo Igualitaria                                    2

Los Requisitos del empleo                                                                    3

Las Categorías del empleado                                                                            3

El Período probatorio                                                                           4

La Revisión del desempeño                                                                               4

Las promociones                                                                                              4

2             Nuestras Políticas y los Procedimientos

  El Contacto de conflictos de intereses o Cooperación con Competidores         1

      Endroge y la Política del Conocimiento de Alcohol                                                        3

Las Pautas de la Fábrica de droga-liberta                                                          4

El Acoso sexual                                                                                    6

Los Visitantes personales                                                                                  7

Estacionamiento                                                                                                7

El Empleo exterior                                                                                8

La Política de la Seguridad de la compañía                                                                    9

Las Reuniones de la Seguridad de la compañía                                                              10

El regreso para Trabajar de Empleados Heridos en la Política del Trabajo                     11

La Acción disciplinaria                                                                          12

El vehículo la Política Fugaz                                                                              13

3            Sus Horas del Trabajo y la Paga

  Las Clasificaciones del empleado                                                                    1

Las horas de Workç                                                                             1

El tiempo extraordinario                                                                                                2

Pague el Período                                                                                              2

Los embargos                                                                                       2

La Información de la nómina                                                                             3

Los Períodos de interrupciones y Comida                                                                     3