(A) Pre-employment.
(1) All applicants for employment in a covered position, or promotion into a covered position will be informed that their employment into a covered position is contingent upon passing a test for controlled substances. Successfully passing the test requires a negative controlled substance as verified by the medical review officer.
(2) Refusal to test by any finalist for a covered position will result in the individual not being hired into that position.
(B) Post-accident.
(1) A covered employee involved in an accident which involves a commercial motor vehicle shall be tested for alcohol and controlled substance as soon as practicable when the accident criteria meets the following DOT requirements:
(a) Covered employee was performing safety-sensitive functions with respect to the vehicle if the accident involved the loss of human life;
(b) Covered employee receives a citation under state or local law for a moving traffic violation arising from the accident; and
(c) The commercial vehicle was disabled (such that it cannot be driven in daylight hours), or anyone involved in the accident was immediately transported from the scene for emergency medical care.
(2) If the alcohol test is not administered within two hours of the accident, the employer shall follow the requirements of 49 C.F.R. part 382.
(3) If the controlled substance test is not administered within 32 hours or the alcohol test within eight hours of the accident, the employer shall cease attempts to administer the test and follow the requirements of 49 C.F.R. part 382.
(4) It is the responsibility of any covered employee who is subject to a post-accident testing to remain readily available for such testing. If the covered employee is not readily available, he or she may be deemed by the employer to have refused to submit to testing. This provision shall not be construed to require the delay of necessary medical attention for injured people, to prohibit the employee from leaving the scene of an accident to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
(5) The results of a post-accident breath or blood test for the use of alcohol or a urine test for the use of controlled substances, conducted by federal, state or local officials having independent authority for the test(s), shall be considered to meet the requirements of this policy and procedures, and that the results of such test can be obtained by the employer in a timely manner.
(C) Random.
(1) The employer is required to conduct random alcohol and controlled substance tests. The minimum annual percentage rates for these tests are set, and can be modified, by the Federal Motor Carrier Safety Administration. The required testing rated shall be based on the average number of driver positions.
(2) The section of covered employees for random alcohol and/or controlled substance testing shall be made by a scientifically valid method, such as a random table of a computer-based random number generator that is matched with employees’ identification numbers. The random selection and testing dates shall be unannounced and spread reasonably throughout the year with each employee having an equal chance of being tested each time the random selections are made.
(3) Each covered employee randomly selected for testing shall, immediately upon notification, report to the testing site or to a specific on-site location for transporting to the testing site.
(D) Reasonable suspicion.
(1) A covered employee must submit to testing for alcohol and/or controlled substance if his or her supervisor or other employer representative meeting the training requirements of 49 C.F.R. part 382 has reasonable suspicion to believe that the employee has violated the driver prohibitions of this policy. The determination that reasonable suspicion exists to require the employee to undergo an alcohol and/or controlled substance test must be based on specific, contemporaneous, articulatable observation concerning the appearance, behavior, speech or body odors of the covered employee. Additionally, findings may also include indications of the chronic and withdrawal effects of controlled substances.
(2) If an alcohol test is required under tins section, the time constraints and documentation if they are not met, are the same as those for a post-accident alcohol (within two hours). The supervisor shall prepare a report indicating the reason for the delay. Alcohol testing must be accomplished within eight hours of the request; after eight hours, all attempts shall cease to obtain an alcohol test.
(3) If a controlled substances test is required under this section, the time constraints and document, if they are not met are the same as those for a post-accident alcohol (within two hours). The supervisor shall prepare a report indicating the reason for the delay. Controlled substances testing should be accomplished within 32 hours of the request; after 32 hours all attempts shall cease to obtain a controlled substances test.
(4) A written record shall be made of the observations leading to an alcohol and/or controlled substance reasonable suspicion test, and signed by the Department supervisor or other employer representative that made the observation, within 24 hours of the observed behavior or before the results of the controlled substance test are released, whichever is earlier.
(E) Return to duty.
(1) Before a covered employee returns to performing a safety sensitive function after engaging in prohibited conduct, the covered employee shall undergo a return to duty substance and/or alcohol test.
(2) The return-to-duty test result for controlled substance must indicate a verified negative result for use.
(3) The return-to-duty test result for alcohol must indicate an alcohol concentration of less than 0.02%.
(F) Follow-up. All drivers who have engaged in prohibited conduct and are eligible to return to duty shall be subject to unannounced follow-up alcohol and/or controlled substance testing for up to 60 months. The number and frequency of such follow-up testing shall be as directed by the substance abuse professional and shall consist of at least six tests in the first 12 months following the employee’s return to duty. The substance abuse professional may terminate the requirements for follow-up testing at any time after the first six tests have been administered, if the substance abuse professional determines that such testing is no longer necessary.
(Res. 2003-01, passed 1-7-2003)