|
property, at ajob site, on Company business, or in a Company -owned (-leased
<br />vehicle if such we ran), detrimentally affect or impair the safely of coworkers,
<br />customers ., members of the public, ., an employee's job performance, or the
<br />safe or efficient operation of the Company, or its property
<br />D A driver who uses prescribed medicalion(s) will not be permitted or required to
<br />operate a Commercial Motor Vehicle until and unless the employer is provided
<br />with appropriate authorization from the employee's prescribing licensed medical
<br />professional.
<br />E Cases of suspected trafficking, possession or use of illegal rebalances or drug
<br />paraphemald on Company property, in or on Company vehicles, and/or at job
<br />sites, will be referred to Is%%, enforcement authorities, under each employer's
<br />independent authority
<br />F. BCRC encourages participants who wish to voluntarily seek assistance for
<br />questions or problems related to drugs and alcohol to so do by contacting the
<br />A".siatim's Employee Assistance Po.gorim DOT -covered drivers who seek
<br />assislance, underthe provisions of the Self-rchanification Policy will have to be
<br />removed from safety -sensitive function during the time of assessment and
<br />rehabilitation, but their admission of use will not be considered a DOT violation
<br />In accordance with the policy, drivers %%,he return to work after rehabilitation will
<br />be required to Lake a DOT return -to -duly last, and will be subject to non -DOT
<br />follow-up testing
<br />G. If a driver is called to duty during the driver's typical "off -duty" time, the driver
<br />may report to work only If he/she has not consumed alcohol or any time during
<br />the previous four (4) hours When a driver has used alcohol during four (4) hours
<br />prior to his/her providing safely -smsith c duiv, he/she will be expected to
<br />acknowledge such use at the lime fie/she is called rritiarsolpossibleforthe
<br />supervisor to delay the requested start fare so as to accommodate DOT's pre -duty
<br />requirement, the employee
<br />vee mill not report to work lifarm on -call employee
<br />acknowledges the use or alcohol, he/she will be permitted to determine a start
<br />time that will comply with the 4-hour prohibition, Under each employer's
<br />independent authority, no discipline will be labor against an employee who
<br />acknowledges his/her use of alcohol during the four (4) news prior to being called
<br />to duly, unless such conduct has the effect of making that employee repeatedly
<br />unim ailable for duct
<br />IT BCRC considers a conviction for criminal drug actin it) to be i or) serious An
<br />employee who no a workplace -related drug conviction must report that
<br />conviction to his/her supervisor within fire (5) days of receiving it An employee
<br />who fails to report such a conviction will, upon discovery ofthe conviction, be
<br />subject to immediate termination from employment
<br />I Each employer reserves the right to test a DOT -covered employee For alcohol or
<br />controlled substance use under the Company's independent authority when DOT
<br />regulations do not apply. These circumstances would include suspected
<br />impairment, violation of an employer's drug and alcohol rules, or of'other nules,
<br />participants) who are required to hold a Commercial Driver's License (CDL) and
<br />who operate a commercial motor vehicle (CMV), when that vehicle:
<br />® has a gross % miclo or combination weight rating of 26,001 or more pounds:
<br />® is designed to transport 16 or more persons including a driver; or
<br />o is a vehicle ofany size that transports liv-andous materials and requires
<br />procuring under the krwa,dous Materials Transportation Act
<br />B FMCSA PRO/nor (ions:
<br />A driver shall not:
<br />Report far duty or remain on duty requiring the perfornamice of safely -
<br />sensitive functions while having an alcohol concentration off 04 or greater
<br />Use alcohol, including medications that contain alcohol, while performing
<br />safety -sensitive fianctions
<br />perform safety-scrialive functions within hear (4) hours after using alcohol,
<br />including the use of medications that contain alcohol
<br />Use alcohol for eight (8) hours following an accident, or until the driver has
<br />undergone a post -accident alcohol test, whichever occurs first
<br />Refuse to submit to a pre -employment, post -accident, random, reasonable
<br />suspicion, or follow-up alcohol or drug task
<br />Report lot duty or remain on duly requiring the peiltirriturce orsafety-
<br />sensitive functions when he/she uses any controlled substances, except when
<br />the use is pursuant to the instructions of licensed medical practitioner oche
<br />has advised the driver that the substance does not adversely affect the driver's
<br />ability to operate a commercial motor vehicle safely.
<br />Report for duty, remain on duty, or perform safety -sensitive functions it'
<br />he/she tests positive for conlrefled substances
<br />If a driver engages in any of the conduct(s) prohibited in (B) above, the driver is not
<br />qualified, under FMCSA regulations, to drive a commercial motor vehicle (including
<br />operating any interstate commercial motor vehicle with GVWR of 10,001 pounds or
<br />more) lie/she raw[ be immediately removed from all safety -sensitive functions
<br />including driving, and is subject to Section Vill,
<br />A driest who engages in prohibited conduct a second time will be immediately
<br />terminated from employment
<br />Under FMCSA regulations, a driver vdbo is found to have an alcohol concentration of
<br />0,02 or greater, but less than 0 04, may nor operate or continue to operate a commercial
<br />motor vehicle or provide other safety -sensitive fixiclime for a twenty -Pour (24) hour
<br />period, Under each employer's independent authority, that driver will he on unpaid leave
<br />to, any It.— not worked
<br />In this regard, under independent authority, a driver who provides an *chat test result
<br />greater than 0,02 but below 0.04 on a amend incident will be subject to disciplinary
<br />that are slated in this policy, and causing or being involved in an accident or
<br />injury ofself oranother employee. In those owes, testing levels would be
<br />identical to DOT levels, but the test would be conducted as a non-DO1 test
<br />If a DOT -covered employee tests positive for drugs under an employco's
<br />independent authority, that employee will be considered to be in violation of
<br />DOT's prohibited use of controlled substances, He/she will be immediately
<br />,viffirloovn from ssfictV_,emilive function, and will be subject to consequences a,
<br />defined in this Drug and Alcohol Policy for DOT' Employees.
<br />If a DOT -covered employee tests positive for alcohol under an anspime,'s
<br />Independent authority, that employee will be considered to be in violation of
<br />BCRC's policy regarding alcohol in the workplace Fichilewill bsubject t.
<br />consequences as defined in BCRC's policy for employees who are tested under
<br />non -DOT circumstances
<br />V. AUTHORIZED USE OF CONTROLLED SUBSTANCES
<br />Ira driver undergoes prescribed medical treatment with a drug or controlled substance,
<br />the driver is required to report this treatment to his/her employer, who will take steps to
<br />investigate whether the driver's job assignment should be temporarily changed during the
<br />period or treatment, or whether other accommodations may be appropriate
<br />BCRC requires a driver to make such notification as soon as possible, and prior to
<br />perforating a safety-sessifive function, and to provide written documentation from the
<br />prescribing licensed method practitioner that the medicalion() will not affect the driver's
<br />ability to perform safety -sensitive functions safety, including operating a commercial
<br />motor vehicle Each employer reserves the fight to obtain an independent medical
<br />opinion regarding the potential effects of prescription or at er-the-counter drug on a
<br />rinver's ability, to perform safety -sensitise functions or other aspects orhis(herjob
<br />Further, each employer reserves the right to place any
<br />v driver taking medications) on a
<br />fro of absence pending a decisionas to whether the chn, c, may continue to perform
<br />his/her regularjob duties while taking the modicationly)
<br />Each employer mar, as it determines necessary, and when possible. temporarily reassign
<br />a. employee 10 functions for the durolion ofhis/heruse of such
<br />draf(s) However, due to the saletv-scraiiii, a nature of many jobs in the construction
<br />industry, no employee can be guaranteed that these accommodations can always be made
<br />V1. TESTING FOR CONTLIOLLED SUBSTANCES AND AI,COMOI,
<br />Employers who are members ofBCRC will conduct controlled substance and alcohol
<br />testing of their dfiver/applictrairs and their driver/employees (including memories and
<br />management drivers) in compliance with regulations established by the U.S Department
<br />ofTramportaluer (DOT), 49 CFR §§ 40 and 382
<br />A COVERED DRIVERS
<br />In accord with U.S, Department ofTransperialion FMCSA Regulations, drivers
<br />.subject to drug and alcohol telling are those employees (of contractor
<br />action up to and including termination of employment For disrupting normal business
<br />noun,
<br />C DLFIN111ONS
<br />Acgiatil$ means an occurrence involving a commercial motor vehicle
<br />operating on a public road in which:
<br />a There is the loss of human life; or
<br />b The driver receives a citation under Slate or local lam, for a moving
<br />traffic violation arising from the accident; add
<br />(1) Any involved vehicle sustains disabling damage as defined
<br />in this policy; and/or
<br />(2) Anyone receives bodily injury that requires immediate
<br />medical treatment away from the accident scene
<br />A(hutf ktr!Mloft means actual knowledge by an employer that a driver
<br />has used alcohol or controlled substances based on the employer's direct
<br />observation of the employee, infientration provided by the driver's
<br />preview employer(s), a traffic edition for driving a CMV while rather the
<br />influence or alcohol or controlled substances, or air employee's admission
<br />or alcohol or controlled substance use, except as provided by our Self -
<br />Identification Policy (Section X) Because our non-1301 testing is
<br />conducted under the same qlficl collection and laboratory standards as our
<br />DOT lasts, we his,, consider a positive drug 1.1 result to be actual
<br />knowledge that an employee is using a controlled substance without
<br />authorization
<br />means a specimen that contains a substance that is
<br />net expected to be present in humeri done, or contains a substance
<br />expected to be present but is at a concentration so high that it is not
<br />consistent with human urine
<br />Akoho mews the intoxicating agent in beverage alcohol, ethyl alcohol,
<br />or olhea low molecular weight alcohols including methyl and isopropyl
<br />alcohol,
<br />MOW tot ittaivitu" means the alcohol mavolume of
<br />breath expressed in terms of grams or alcohol per 210 there, of breath as
<br />indicated by an evidential breath test (BrAQ
<br />Aftbffiql UC"l1Jilg Qevpee iAfiTil means a breath or saliva device, other
<br />than an EBT, that is approved by the National Highway Traffic Sinfiny
<br />Administration (KHTSA) and placed on a conforming fayd.rta list (CPQ
<br />for such devices
<br />4 means an madylic procedure to determine whether
<br />an employee may have a prohibited concentration of alcohol in a breath or
<br />saliva specimen,
<br />
|