The safety and well-being of our drivers, employees and the
general public requires that our drivers perform their duties free
from the effects of alcohol and/or drugs. A drug-free workplace is
especially important to the transportation industry. A driver who
uses or abuses alcohol and/or drugs is a hazard to this company, the
general public, other employees and themselves.
All drivers who must have a commercial driver's license
to perform their duties, which are considered as safety-sensitive,
will be subject to the alcohol and/or drug testing as outlined in
this policy and required by CFR Parts 40 and 382.
All drivers subject to alcohol and drug testing must be in compliance
with regulations and this policy at all times while in a working status
for this company. This will include all time spent performing safety-sensitive
functions or just before or just after performing safety-sensitive
functions. "Safety-sensitive function" means all time from the time
the driver begins to work or is required to be in readiness to work
until the time he/she is relieved from work and all responsibility
for performing work. Safety-sensitive functions shall include:
A. All time at an employer or shipper plant, terminal, facility, or
other property, or on any public property, waiting to be dispatched,
unless the driver has been relieved from duty from employer;
B. All time inspecting equipment as required by 49 CFR 392.7 and 392.8
otherwise inspecting, servicing, or conditioning any commercial motor
vehicles at any time;
C. All time spent at the driving controls of a commercial motor vehicle
in operation;
D. All time, other than driving time, in or upon any commercial motor
vehicle except time resting in a sleeper berth (a berth conforming
to the requirements of 49 CFR 393.76).
E. All time loading or unloading a commercial motor vehicle, supervising
or assisting in the loading or unloading, attending a commercial motor
vehicle being loaded or unloaded. Remaining in readiness to operate
the commercial motor vehicle or in giving or receiving receipts of
shipments loaded or unloaded.
F. All time repairing, obtaining assistance, or remaining in attendance
upon a disabled vehicle.
The following substance will be tested to determine their presence:
During the time that drivers are performing safety-sensitive
functions, they shall not:
A. Report to and/or remain on duty with an alcohol concentration of
0.04 or greater.
D. Perform safety-sensitive functions within four hours after using
alcohol.
E. Use any alcohol for eight hours after an accident which will require
the driver to be tested for alcohol or until tested.
F. Refuse to submit to a required alcohol and/or controlled substance
test.
G. Report to or remain on duty when using any controlled substance,
except when under physician's orders and the physician has informed
the driver that the use will not affect the safe operations of a commercial
vehicle.
H. Report to or remain on duty if he/she has tested positive for controlled
substance.
All drivers who are required to be tested for alcohol and/or
controlled substances use or misuse will be tested under the following
circumstances.
A. Pre-employment or pre-use. All applicants for jobs requiring a commercial
driver's license will be required to be tested for the use of
controlled substances. A query will be conducted through the Federal
Clearinghouse Database as part of the background investigation. All
employment candidates must be registered with the Federal Clearinghouse
before being considered for employment. The Database will be rechecked
annually at the same time the driving record is reviewed. If a limited
query results in questionable information, a full query would be required.
At this point the employee would be mandated to register in the database
to provide consent. Failure to provide consent could result in removal
from safety-sensitive duties and consequences under Subpart B of CFR
Part 382.
B. Random: All drivers are subject to random alcohol and controlled
substance testing. Currently 10% of all drivers will be selected to
submit to unannounced random alcohol testing and 50% for controlled
substances, which will be spread throughout the calendar year (unless
the FMCSA announces another testing level). The company has entered
into a consortium pool including drivers from other companies and
the 10% and 50% levels will apply to the entire pool of drivers.
C. Post accident. Drivers will be alcohol and controlled substance tested
in all accidents involving a fatality. If the accident is one where
one or more vehicles were towed from the scene of the accident. If
the accident involves somebody being injured to the degree that the
injury must be treated immediately away from the scene of the accident
or if the commercial vehicle driver receives a summons for a moving
traffic violation as a result of the accident or the responding officer
identifies reasonable suspicion of impairment, a test will be directed.
D. Reasonable suspicion. All drivers who exhibit signs and/or symptoms
of alcohol and/or controlled substance use or mis-use, which are observed
by a trained company supervisor, while performing safety-sensitive
functions will be required to submit to an alcohol and/or controlled
substance test.
E. Return to work. A driver who previously tested positive for alcohol
and/or controlled substance must submit to a return-to-duty alcohol
and/or controlled substance test; the result must be negative to be
enabled to return to duty. Observed collections are required.
F. Follow up. A driver who previously tested positive and has returned
to duty must submit to at least six alcohol and/or controlled substance
tests during the first 12 months after returning to work. Follow-up
tests will be announced and the collection of the urine specimen will
follow the DOT procedures for direct observation. They may continue
for up to 60 months after returning to work. Any additional over and
above the required six follow up tests will be at the direction of
the substance abuse professional. Observed collections are required.
All positive results will be reported to the Federal Clearinghouse
Database by the Medical Review Office of eScreen where they are kept
on record for five years.
All drivers who are required by FMCSA 49 CFR Parts 40 and 382
regulations and this policy to be subjected to alcohol and/or controlled
substances tests must fulfill that requirement when so directed by
the DER/program administrator or trained supervisor.