Vistra Energy’s Contractor Safety Program: investigations and drug testing

Since Vistra Energy and Dynegy’s merger earlier this year, the safety team has been working on a review of the company’s Contractor Safety Program. While that work is ongoing, there are two important updates that we’re sharing with you today. The purpose of this letter is to ensure there’s a consistent, fleet-wide understanding and expectation among our business partners with regards to safety investigations and drug testing.

For some of you, these policies and procedures are a continuation of how you are currently operating. For others, this information will represent a modified approach to contractor safety. The company’s official policies are attached, but to summarize:

1. Safety investigations. You are responsible for promptly reporting all work-related incidents involving your personnel and equipment, as well as leading your incident investigations. Plant management has the right to, and should, actively participate in understanding and reviewing your investigation processes and findings, particularly with regard to significant incidents. However, we expect you to be responsible for leading the investigation, capturing and documenting the proper investigation information, and ensuring that it is appropriately retained. We will require you to promptly submit documented investigation reports to plant management for review and discussion. We will continue to take the lead on any portion of the incident investigation that involves our employees, processes, or equipment.

Supplemental Terms for Onsite Services

2. Drug testing. You are responsible for ensuring that you provide a drug-free workforce when your employees are on our plant property. As such, it is your responsibility to ensure that your personnel undergo all applicable drug testing (initial, random, and/or for-cause) and that your testing program complies with all applicable laws. We will retain the right to review and audit compliance with your drug testing procedures. Nothing about this change alters our right to require you to conduct additional testing at our request.

Drug and Background Investigations

The safety and health of all personnel are fundamental to our operations, and it is important that we standardize these safety procedures across our fleet. We are dedicated to preventing accidents and injuries, and we expect our business partners to be active stakeholders in in this effort as well. These policies are effective immediately, and we will work with you to update any necessary processes.

If you have questions about this or any other aspect of our safety program, please feel free to reach out to your designated safety representative for more information. Thank you for all you do to keep our workplaces safe.