According to Part 382, drivers shall be subject to six types of drug and/or alcohol testing - pre-employment, random, post-accident, reasonable cause, return-to-duty and follow-up. (See § 39.29 of this policy for disciplinary action resulting from alcohol and/or drug misuse.)
(A) Pre-employment testing.
(1) Prior to the first time a driver performs a safety-sensitive function for this government entity, the driver shall be pre-employment drug tested except when the conditions of the exceptions below apply. We shall not allow a driver who this government entity intends to hire or use, to perform safety-sensitive functions unless the driver has received a negative drug test result from the MRO. (Attachment A must be completed by the driver)
(2) Exceptions to pre-employment drug testing. This government entity is not required to pre-employment test a driver if the driver has participated in a drug and alcohol testing program within the previous 30 days and while participating in that program either was drug tested within the past six months (from date of application with this government entity) or has participated in a random drug and alcohol testing program for at least the previous 12 months (from date of application with this government entity) and this government entity insures that no previous employer of the driver of whom this government entity is aware of has records of a violation of 49 CFR Part 382 or the drug testing rule of another USDOT agency within the previous six months. (Attachment B must be signed by the driver in order to get this information)
(3) If the conditions of the exceptions above apply, this government entity shall contact the drug and alcohol testing program(s) in which the driver participates or participated and shall obtain and retain from the testing program(s) the name and address of the program, verification the driver participates or participated in the program, verify the program conforms to 49 CFR Part 40, verify the driver is qualified under the rules of 49 CFR Part 382, including the driver has not refused to be tested for drugs, the dates the driver was last tested for drugs, and the results of any tests taken within the previous six months, and any other violations as stated in § 39.22.
(4) The "Return to Duty" and "Follow-Up Testing" provisions of this section do not apply to an applicant who refuses to submit to a pre-employment drug test or who receives a positive pre-employment drug test result.
(B) Random testing.
(1) All drivers covered by this policy will be included as a part of the Mid-West Truckers Association Drug and Alcohol Testing Consortium group from which the Consortium will randomly select a sufficient number of drivers for testing each calendar year to equal an annual rate of not less than a minimum annual percentage for random alcohol (currently 10 percent) and drug testing (currently 50 percent) as determined by the FHWA Administrator.
(2) On a monthly basis, our MRO will, from the total group, randomly select by a computer-based random number generated program, that is matched with the membership numbers, the drivers' names and their social security numbers. Under the selection process used, each driver shall have an equal chance of being selected each time selections are made.
(3) Once the MRO makes the monthly selections, he will forward the random list to the Consortium which will notify the employers under whose drug and alcohol policies those selected are covered. If any of this government entity's drivers are selected, we will be given a date before which the driver must be tested per the random selection process. Failure of this government entity to ensure the random testing is conducted within the time allotted will cause us to be out of compliance with the random testing requirement of Section 382.305 of the Federal Motor Carrier Safety Regulations.
(4) This government entity shall ensure that random drug and alcohol tests conducted under the random testing regulations are unannounced.
(5) A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.
(C) Post-accident.
(1) As soon as possible following an accident involving a CMV on a public road, a post-accident drug and alcohol test shall be conducted when either of the two circumstances below apply:
(a) If an accident involves a fatality;
(b) If a driver receives a citation for a moving traffic violation and either the accident involves bodily injury to a person who as a result of the accident immediately receives medical treatment away from the scene of the accident, OR, one or more motor vehicles incur disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by tow truck or other motor vehicle.
(2) If a post accident breath alcohol test is not conducted within two hours following the accident, we shall prepare and maintain on file a record stating why the breath alcohol test was not promptly administered. If the breath alcohol test is not conducted within eight hours following the accident, we shall cease all attempts to complete the alcohol test and shall prepare and maintain a record stating why the breath alcohol test was not promptly administered. (See Attachment C)
(3) If a post-accident drug test is not conducted within 32 hours following the accident, we shall cease all attempts to conduct the drug tests and prepare and maintain, on file, a record stating why the drug test was not promptly administered. (See Attachment C)
(4) A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by this government entity as a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary medical care.
(5) This government entity shall provide the driver with necessary post-accident information, procedures and instructions, prior to the driver operating a CMV, so that the driver will be able to comply with the requirements of this section. (See Attachment D)
(6) Drug and/or breath or blood alcohol tests conducted by federal, state or local officials, having independent authority for the test, shall be considered to meet the post-accident testing requirements provided such testing conforms to the applicable federal, state or local drug and/or alcohol testing requirements, and that the results are obtained by this government entity.
(D) Reasonable cause testing.
(1) All persons designated by this government entity who supervise this government entity's drivers must complete supervisory training in accordance with Part 382.603. When our designated person(s) has reasonable suspicion that a driver has violated the "Use Prohibited" provision of § 39.22 of this Policy, that driver shall be required to submit to an alcohol and/or drug test. This government entity's determination that reasonable suspicion exists to require the driver to undergo an alcohol and/or drug test must be based on specific contemporaneous, articuable observations concerning the appearance, behavior, speech or body odor of the driver. (See Attachment E)
(2) Alcohol testing is authorized only when observations of the driver are made during, just before, or just after the period of the work day the driver is required to be in compliance with Part 382. The driver may be required to undergo reasonable suspicion alcohol testing while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased such functions.
(3) If a reasonable cause alcohol test is not conducted within two hours after observing the driver, this government entity shall prepare and maintain on file, a record stating the reason why the test was not promptly administered. If the test is not conducted within eight hours after observing the driver, this government entity shall cease attempts to conduct the test and prepare and maintain on file a record stating the reasons why the test was not administered.
(4) No driver shall report for duty or remain on duty when this government entity's designated person(s) has observed the driver as under the influence of alcohol or impaired by alcohol. This government entity shall not permit the driver to perform or continue to perform safety-sensitive functions until an alcohol test is conducted and the driver's breath alcohol test result is less than .02 or 24 hours have elapsed since this government entity's first suspicion of the driver being under the influence or impaired by alcohol.
(5) Refusal to submit to a reasonable cause test shall be considered a positive test.
(6) The reasonable cause observation form must be completed and signed by at least one of this government entity's designated person(s) who made the observations either within 24 hours of the observed behavior or before the drug test results are released, whichever is earlier. (See Attachment F)
(E) Return to duty testing.
(1) Any driver who has engaged in conduct prohibited in § 39.22 of this Policy shall be advised by this government entity of the resources available in evaluating and resolving problems associated with the misuse of alcohol and/or drugs by providing the driver with the name, address and telephone number of one or more SAP's and treatment facilities.
(2) Each driver who has violated the "Use Prohibited" (§ 39.22) of this Policy shall be evaluated by a SAP who will determine what assistance, if any, the driver needs in resolving problems with drugs and/or alcohol misuse.
(3) After the driver has complied with the SAP's recommendations, including a rehabilitation program if prescribed, a letter from the SAP must be received by this government entity stating the driver is ready to return to duty. A copy of the letter shall be faxed or mailed to the Consortium, who will forward it to the MRO. Upon determination by the MRO that the recommendations of the SAP have been followed, the MRO shall give approval for the driver to undergo a return to duty test. The SAP may direct the driver to undergo both a drug and alcohol test if the SAP determines that return to duty testing for both drugs and alcohol are necessary for that driver. If the breath alcohol test result is less than .02, and/or the drug test result is negative, the driver may return to duty.
(4) The provisions of this section do not apply to an applicant who refuses to submit to a pre- employment drug test or who receives a positive pre-employment drug test result. The provisions of this section will not apply if this government entity has chosen not to rehire a driver who previously violated a provision of this government entity's Policy.
(F) Follow-up testing.
(1) If the SAP determines that the driver is in need of assistance in resolving a drug and/or alcohol problem, the driver may be subject to unannounced follow-up drug and/or alcohol tests following the driver's return to duty. The number and frequency of such tests shall be determined by the SAP and shall consist of at least six tests in the first twelve months of the driver's return to duty. In cases where the SAP does not make that determination, the MRO will direct at least the minimum six unannounced follow-up tests to be administered within the first twelve months. The SAP may direct the driver to undergo both drug and alcohol tests if the SAP determines that follow-up testing for both drugs and alcohol are necessary for that driver. Follow-up testing shall not exceed 60 months from the date of the drivers return to duty.
(2) The provisions of this section do not apply to applicants who refuse to submit to a pre-employment drug test or who receives a positive pre-employment drug test result. The provisions of this section will not apply if this government entity has chosen not to rehire a driver who previously violated a provision of this government entity's Policy.
(Ord. 936, passed 5-20-98)