1. Term:

Your employment will continue indefinitely unless you or APX terminate your employment in accordance with this Agreement.

2. Duties and Responsibilities:

See Schedule “A” for your duties and responsibilities. Your duties and responsibilities may change from time to time on an ad-hoc or permanent basis, depending on APX’s needs. A new Schedule “A” will be provided for permanent changes.

3. Driving Conditions:

If you have a valid Alberta Operator’s License (the “License”), the License must be maintained in good standing. If your License expires, or is revoked or suspended, you cannot work. You must advise APX immediately. Loss of License will be grounds for discipline including suspension without pay until the License is reinstated, or termination of employment for just cause, at APX’s sole discretion.

4. Hours:

You agree to devote your full attention to your duties during work hours. If your shift is longer than 5 hours, you will receive one 30-minute unpaid break OR two 15-minute unpaid breaks. If your shift is longer than 10 hours, you will receive two 30-minute unpaid breaks OR four 15-minute unpaid breaks.

It is your responsibility at beginning and end of every shift to clock in and out using the APX time entry system. Any errors or issues must be reported to your supervisor immediately.

5. Overtime:

You agree work the hours needed to get the job done, which may extend beyond traditional business hours. You are required to sign the Overtime Agreement attached as Schedule “B”.

6. Phone Use:

You agree to maintain a working smartphone capable of running applications necessary for APX’s scheduling and communication purposes, e.g. Microsoft Outlook (the “Apps”). APX will pay for subscription costs and login credentials for such Apps as may be required. APX will not provide compensation for any cell phone data required to access and use the Apps, as such data is anticipated to be minimal. If you have concerns about data usage, direct them to your supervisor.

Mobile devices are to be used for business purposes. If device usage results in a decline in productivity or interferes with normal business operations, management will suspend the employee’s right to use a cellular device. To prevent harassment, maintain individual privacy, encourage open communication, and protect confidential information, employees are prohibited from recording people or confidential information using cameras, camera phones/devices, or recording devices (audio or video) in the workplace. Breach of the confidentiality obligations could result in termination.

7. Availability:

You are expected to monitor communications from APX via the Apps including during non-working hours and respond when required. You are required to have a valid email address and phone number for communication to you for shifts, scheduling, and other employment related communications. Your payslips and yearly earnings T4 slip will be emailed to you.

8. Absenteeism:

It is very important that you show up for work when scheduled. If you cannot attend work due to illness or unplanned circumstances (i.e. not vacation), you must advise your supervisor prior to the designated start time of your shift. Your supervisor will then determine whether your absence is “excused” or “unexcused” (APX may require a doctor’s note from you). After 3 “unexcused” absences, you agree APX may terminate your employment for just cause.

9. Vacation:

You will receive vacation pay of 4% of wages during the first 5 years of employment (which represents 2 weeks of vacation per year), and 6% of wages after 5 years of completed employment (which represents 3 weeks of vacation per year), which will appear on each pay cheque, in accordance with the Alberta Employment Standards Code.

To take your vacation, requests for time off must be made to your supervisor in writing as follows:

• To request 1 day off, you must give 36 hours notice;

• To request 2 or more days off, you must give 7 days notice.

Requests made with less notice than these requirements may be rejected.

APX requires you to be available during its busy period from May 15 – July 31, with planned working days to be set in accordance with the provisions of the Employment Standards Code, and you agree you will only be permitted to take 2 planned working days off during that periodIf you have an “unexcused” absence during the busy period, you agree APX may terminate your employment for just cause.

10. Zero Tolerance:

You are prohibited from possessing, consuming, or selling illegal drugs, prescription drugs not prescribed to you, inhalants, alcohol, and recreational cannabis (“Prohibited Substances”) .while performing work for APX. Leave this stuff at home. You are also prohibited from parking an APX vehicle within 50 feet of a cannabis or liquor store.

You are prohibited from being impaired by any Prohibited Substances while performing work for APX. You are prohibited from purchasing Prohibited Substances during your work hours and/or while using APX vehicles. If you breach this section, you agree APX may terminate your employment for just cause.

11. Respect in the Workplace:

APX will not tolerate harassment or violence in the workplace. APX will appropriately investigate allegations of violence and harassment as may be necessary in the circumstances, and will take appropriate corrective action to address misconduct. If you are found to have engaged in harassment or violence in the workplace, or any other in appropriate or unacceptable workplace behaviour, you will be subject to discipline which may include termination of employment for just cause.

12. Right to Refuse Dangerous Work:

You have the right to refuse work if you reasonably think there is an undue hazard, meaning a serious and immediate threat to health and safety. If you believe there is an undue hazard, advise your supervisor. APX will comply with its obligations as required under the Occupational Health and Safety Act.

13. Compensation Review:

Your compensation may be reviewed a maximum of once per year or season, as applicable. A compensation review request must be made to your supervisor who will consult with APX human resources and advise if a review is warranted.

14. Probationary Period:

The first ninety (90) days of your employment will be a probationary period (the “Probationary Period”). During the Probationary Period, APX may immediately terminate your employment for any reason, with or without just cause, by providing written notice of your last day of work for APX. You will receive any earned but unpaid wages and vacation pay up to and including the last day at work. Apart from that, nothing further will be owed to you (e.g. no notice or pay in lieu of notice).

15. Termination:

Your last day at work for APX is the “Termination Date”, regardless of the reason for your departure. If your employment terminates, APX will pay you any earned but unpaid wages and vacation pay up to and including the Termination Date, plus any applicable amounts as set out below.

Termination by you:

If you wish to terminate your employment (i.e. resign), you must give 1 week’s written notice to APX. If you resign, APX will have no further obligation to provide notice or pay in lieu of notice to you.

Termination by APX for just cause:

APX may immediately terminate your employment at any time for just cause. If APX terminates your employment for just cause, APX will have no further obligation to provide notice or pay in lieu of notice to you.

Termination by APX without cause:

After the Probationary Period set out above, APX may terminate your employment without cause by providing you with:

a. one (1) week’s advance written notice of the Termination Date; plus

b. one (1) week’s advance written notice of the termination date for each year or partial year that you have been employed with APX from the Start Date to a maximum of ten (10) weeks’ notice (the “Notice”).

Termination by APX without cause:

Alternatively, at APX’s sole discretion, APX may elect to provide you payment of wages in lieu of Notice, less required withholdings.

No other compensation, notice, or pay in lieu of notice shall be owing to you under this Agreement, at common law, or otherwise.

In exchange for any pay in lieu of Notice which exceeds the minimum standards under the Employment Standards Code, you agree to sign a full and final Release in favour of APX. If you do not sign a full and final Release, you will receive only the minimum pay in lieu of notice required under the Employment Standards Code.

16. Set-Off and Debts:

You agree by initialing here that any amounts you may owe to APX can be deducted from any amounts that APX may owe to you. For example, if you fail to return APX property upon the conclusion of your employment, APX may deduct the value of such property from any final pay owing to you.

17. Temporary Layoff:

You agree APX may, if necessary, lay you off for a temporary period of time. If APX lays you off, the layoff will be in accordance with the provisions of the Employment Standards Code as amended. You also agree that you will use up any vacation days, sick days, or banked overtime before the temporary layoff starts. If you advise APX of your intention to work year-round by participating in the Winter Orientation seminar, but then choose to request a layoff, the ROE provided to you will be designated as “Quit.”, in lieu of a “Seasonal layoff – Shortage of Work”

18. Policies:

You agree to abide by, and agree that your employment is governed by, all policies and procedures of APX as amended from time to time.

19. Non-Solicitation:

You agree that during your employment with APX and for a period of 12 months following the Termination Date, you shall not, whether for your own benefit or for the benefit of a third-party, solicit the business of any client of APX or offer employment to any employee of APX. “Client” means any individual or company (or affiliates) that APX invoiced in the two-year period leading up to the Termination Date or during your employment with APX, whichever period is shorter, with whom you had contact or become aware of in the course of your work for APX.

20. Confidential Information:

“Confidential Information” includes, without limitation: all information and data relating to proprietary techniques, routines, training methods, business plans, marketing plans, or customer/client information, including customer/client contact information of APX and its affiliates. All Confidential Information is the property of APX. You will keep all Confidential Information in strict confidence during and after your employment, and you will not directly or indirectly disclose or make use of such information for any purpose whatsoever, except as may be authorized by APX.

21. Entire Agreement:

This Agreement is the entire agreement between you and APX regarding your employment. This Agreement supersedes any prior discussions, offers, or agreements.

1. Company Rules:

• All incidents / accidents / near misses must be reported immediately to your supervisor/crew lead, and prior to leaving the workplace.

• Workers must wear appropriate PPE for the task. Approved Safety Vests and CSA approved Steel Toe Boots must be always worn.

• Perform all work in accordance with safe work practices / safe work procedures and according to your supervisor’s instruction.

• Employees must maintain good housekeeping in workspaces and vehicles.

• No fighting or horseplay is permitted at the workplace.

• No theft or vandalism will be tolerated at the workplace.

• No possession or consumption of alcohol or illegal drugs is permitted while at the workplace.

• You are not permitted to arrive or remain at work if your ability to perform the job safely is impaired.

• Operate all vehicles and mobile equipment in accordance with site rules and highway regulations

2. Prohibitions:

• Possession or consumption of alcohol or illegal drugs.

• Possession of firearms.

• Fighting, horseplay, practical jokes, abusive language, theft, vandalism, and damaging company private or public properties.

• Theft, vandalism, and damaging company private or public properties.

• Damaging, disabling, or interfering with safety, firefighting or first aid equipment.

• Arriving for work or remaining at work when your ability to perform the job safely is impaired.

3. Rights of Workers:

Right to Know: You have a right to know what hazards are present in the workplace, and be given the information, training, and supervision you need to protect yourself.

Right to Participate: You have a right to participate in keeping your workplace healthy and safe, which may include selecting or being a health and safety representative or committee member. You also have a right to report unsafe conditions and practices.

Right to Refuse: You must refuse work that you believe to be dangerous to yourself or your co-workers. When you exercise your right to refuse work, you must follow the proper procedure.

4. Company Health and Safety Policy:

This Orientation includes a review of the APX Health and Safety Policy. You will always abide by this health and safety policy while employed by APX Services.

5. OH&S Legislation:

OH&S Handbooks are available at every Safety Board. They are available upon request and APX Safety or HR personnel will be happy to assist you in finding out any rules or regulations you would like to look up.

6. Site Orientation:

You will be provided with a site orientation covering the safe areas, critical areas, and any restricted or hazardous areas the first time you report to a site for work.

7. Worksite Inspections:

Every division of APX Services will be inspected at various time intervals to ensure health and safety requirements are met. Results of these inspections will be posted on the public safety boards for each location. These inspections are not private, and you may be asked to participate in these inspections. Your input is valuable to APX Services in achieving the safest workplace environment possible.

8. Hazard Assessments:

Before you begin any task you are required to perform a field level hazard assessment. These assessments should consider the applicable hazards to you, your assigned equipment, and the workers around you. Proper controls should be identified to mitigate these hazards to ensure the probability of identified hazards causing damage or injury is as low as possible. If the risk a hazard poses is too severe, or cannot be controlled, work should be stopped until a solution is found.

9. Near Miss Incidents:

A near miss incident is when an accident or injury almost happens. For example, a truck almost backing into a kneeling worker they could not see or slipping on an icy surface but catching yourself before you fall. APX Services has a non-punitive clause for near misses. So long as you report the near miss incident immediately to your supervisor you will not be held responsible or be disciplined for the near miss even if you are at fault.

The goal for reporting near misses is to take a potential injury / accident scenario and turn it into a learning opportunity for everyone from which brings awareness to that hazard and can lessen the severity or even prevent future incidents.

If you have a near miss incident and choose not to report it to your supervisor immediately, APX Services may invoke disciplinary actions.

10. Injury / Damage Incidents:

Injury / Damage Incidents are any incident that results in injury to a worker or bystander, damage to equipment, property or the environment (leak, spill or unintended release), or any combination thereof. These incidents must always be reported as soon as safely possible. Advise your supervisor if there is any active danger present at the incident location or if someone requires transportation to a clinic or hospital. Follow the steps for putting the emergency response plan into action, and when the incident is over fill out the Incident Report form completely and submit it to your supervisor for review. Do not leave work until you have filled out the incident report form.

11. Worker Training:

When you are asked to perform a task you have not been trained on, you must refuse unsafe work and request to be trained up on the task. The steps for training are as follows:

1) Review Safe Work Practice and Safe Job Procedures. Sign the signature page indicating you have reviewed them.

2) Participate in hands on training with a designated trainer.

3) Perform the task under direct supervision of the trainer.

4) When the trainer is satisfied that you are competent at the task, you are deemed competent and can perform the task independently or with minimal supervision. This training must be recorded and submitted to HR to be included in your employee file.

12. Overhead Doors:

Overhead doors are to allow the movement of vehicles only, not pedestrian traffic. Do not stand under and overhead door at any time. Never cross under an overhead door, always use the man doors provided. Never operate the controls of an overhead door or spot equipment in/out of a building without prior training. When operating an overhead door, stay at the controls until the door has completely opened or closed before moving on to the next task. Never move equipment in/out of a building while the door is still moving. If an overhead door is not functioning properly, report it to your supervisor, do not attempt any diagnosis or repairs.

13. Exposure to Weather:

Many tasks APX Services performs are exposed to the weather. As such, please consider the weather forecast and its associated hazards before reporting to work. If you are going to be exposed to warm weather and sun, please wear clothing that protects from the UV rays you will be exposed to as well as sunscreen on any exposed skin.

Proper hydration in the form of water should be brought with you to be consumed on site to ensure you are properly hydrated and you have the energy to perform the work required.

If you are going to be exposed to cold or other adverse weather, you must wear appropriate clothing to protect yourself and keep you warm, cover up as much of your body as possible.

14. Exposure to Extreme Weather:

Extreme heat, extreme cold or other extreme weather events should be carefully considered before starting work. Limit your exposure to extreme weather and take frequent breaks to warm up / cool off / rest accordingly. If you are unable to perform the work safely, inform your supervisor and return to the office / shop if you are instructed and it is safe to do so.

15. Driving or carpooling:

When you are driving or a passenger in a company vehicle all driving and traffic laws must be observed and complied with. This includes but is not limited to distracted driving, seat belts, speed limits, and driving in a manner that is respectful to fellow motorists. Failure to do so will result in disciplinary action. If you are issued a ticket by the police for breaking any driving or traffic laws, you are solely responsible for the fine and may face additional disciplinary action by APX Services.

16. Emergency Response Plan:

You must review the Emergency Response Plan at your assigned work location prior to performing any work. For mobile sites, review the Emergency Response Plan for both your staging area and your mobile vehicle. Know your role within the plan and how and when to implement the Emergency Response Plan.

17. Fire Extinguisher:

Every building has a fire extinguisher at every exit as well as every crew truck and supervisor truck. Before beginning work locate the fire extinguisher in your work area and ensure you are familiar with how to retrieve it in the event of an emergency.

18. First Aid Kit:

Every building and every crew truck has a first aid kit. Before beginning work locate the first aid kit in your work area and ensure you are familiar with how to retrieve it in the event of an emergency.

19. WHMIS Training:

WHMIS stands for Workplace Hazardous Materials Information System. If there is a possibility you will be exposed to a hazardous product, you must be trained in WHMIS. Examples of hazardous products that could be found on site are fuels, chemicals, coolants or lubricants. If you are instructed to perform any work involving hazardous products and you have not received WHMIS training yet you must refuse unsafe work and instruct your crew lead or supervisor that you require WHMIS training before you can complete the work. If you have a WHMIS training certificate you must ensure it is valid. Failure to keep your WHMIS training current or working with an expired training certificate can result in disciplinary action.

20. SDS Location:

SDS stands for Safety Data Sheet. SDS’s for their respective hazardous products are available at every location and mobile crew that handles that hazardous product. Before handling any hazardous product, ensure that you fully read and understand the SDS available for the hazardous product. If the date of your SDS is older than 3 years, notify your supervisor as an updated version is required.

21. PPE Requirements:

You are required to provide and always wear CSA approved class 1 (Green CSA Triangle symbol) above ankle steel toe boots with electrical shock resistance (Yellow Omega symbol). You must also provide and wear gloves that provide adequate protection to the task assigned. APX Services will provide a high visibility vest that must be always worn, hearing protection that must be worn around any equipment or tools that produce hazardous levels of noise, and safety glasses that must be worn when operating any ride on equipment without a cab or powered hand tools.

22. Personal Items:

You are permitted to bring any personal item with you to work so long as it does not distract you or others from your duties, nor is it prohibited. Any items you bring in to work with you are the sole responsibility of yourself. APX Services is not responsible for loss or damage of any kind.

23. Fatigue

You must always monitor your fatigue while working for APX Services. If you believe you are too fatigued to do the job safely or you have worked for 12 hours, you must stop work and rest for at least 8 hours.

24. House Keeping:

You must maintain good housekeeping in your areas of work. This includes your work area, assigned vehicle or equipment, or storage area where you retrieve materials. Dispose any garbage that you create during your shift. If you see a mess clean it up if it won’t take long. If cleaning up a mess will take an excessive amount of time report it to your supervisor so that enough people can be assigned to make short work of the mess. A clean work area prevents hazards and injuries.

25. Dress Code:

While working for APX Services you must observe a minimum of a casual dress code. This includes no ripped jeans, sleeveless shirts nor tank tops and no clothing with offensive, drug, alcohol, tobacco, or political related pictures or wording.

26. Entire Safety Orientation:

This Agreement is the entire Safety Orientation between you and APX regarding your employment.