|
4
<br />st Random nad% %vill be unannounced; the dates for random tests will
<br />be spread throughout the year.
<br />b A driver who is selected for random testing will be required to
<br />report to the collection site immediately upon notification ]fine
<br />driver engages in conduct had does not lead to a collection as soon
<br />as possible after notification, such counsel grill be considered as a
<br />refusal to submit to ii test The driver will be in a duly status (paid)
<br />from the time he/she leaves to go to the collection site until the
<br />time he/she returns from the collection she
<br />c A random test for alcohol shall be scheduled to occur onlyjust
<br />prior to, during, orjust after performing a safety -sensitive function,
<br />or at any time that the driver is in readiness to provide safely -
<br />sensitive Function
<br />d A random test for controlled substances can be scheduled at any
<br />time the driver is on duty, and is net related to when the driver is
<br />performing safety -sensitive function
<br />0 An employee who has been selected for random testing must be
<br />tested in dial testing period FMCSA regulations do not permit a
<br />replacement to be named fire selected employee is unavailable
<br />for testing
<br />f BCRC will administer its own random selection through a
<br />scientifically valid means, and will maintain all necessary records
<br />as required in 49 CFR §382, Subpart D, Recordkeeping
<br />BCRC shall require an employee to submit to drug and/or alcohol testing
<br />for reasonable suspicion %viien a supervisor has reason to believe that an
<br />employee has engaged in Prohibited Conduct (See Section VI (B),
<br />based on ab,,mslicn ofine craid.yee', appearance,
<br />behavior, speech, and/or body odor, Such employee conduct must be
<br />witnessed and documented to asupervistur who has been trained in
<br />compliance with FMCSArotes and regulations. Should asupervisor
<br />determine that an employee might have violated a prohibition orthess
<br />the employee must submit 1.1.1mg De.cumeminvon's
<br />required for both drug and alcohol reasonable suspicion Documentation
<br />her a drug test must be signed and submitted to the DER within 24 hours,
<br />and for an alcohol tusk, prior to the conducting or the alcohol test
<br />An employee who is represented by a bargaining wit and %%,no is
<br />requested by a supervisor to submit to reasonable suspicion testing may
<br />request to have a union representative present, provided fire employee,
<br />signs a consem for the supervisor to nobly the union representative or the
<br />request for testing When the suspicion involves drugs only, the employer
<br />will allow a maximum ofone-half hour to, the union representative 1a
<br />as rive and accompany the employee through the collection process When
<br />prohibiledcanduel ASubstance Abuse Profiesional (SAP) may,
<br />however, order testing for both alcohol and commiled substances
<br />Each employer reserves the right to withhold a Final decision regarding
<br />reinstatement are driver until after a negative result of's Relum-ho-Duly
<br />lest no been received
<br />A positive Return-uh-Dray text result is not considered L. be .n employ.',
<br />second positive lest, and is therefore not came for termination An
<br />employee may schedule additional Return-lo-Duly tests, until such lime as
<br />a negative result is obtained
<br />Under independent authority, an employer me), require dial are cost of
<br />Return -to -Duty tests will be home by the driver,
<br />6 Edb
<br />A driver, who remms to do[), alter complying with the recommendation of
<br />a Substance Abuse Professional and after providing a negative result on a
<br />Retum-to-Duty test, is subject to unannounced follow-up alcohol handler
<br />controlled substances testing as directed by the Substance Above
<br />Professional..Follow-up testing may be scheduled fare period crop to
<br />sixty (60) months, and must include no Fewer thus six (6) tests to be
<br />conducted in the first twelve (12) months after the employee's rerum-to-
<br />duty dale Follow-up alcohol testing shall be conducted onlyjust prior to,
<br />during, orjust after the driver's perfirman" of safety-sensi live functions,
<br />or when the driver is in readiness to perform safen'-sensitive Function
<br />Under independent ambustity, each employer may require that the cost of
<br />all follow-up tests will be borne by the driver.
<br />When an employer, under independent authority, has ferpormled a driver
<br />From employment, the responsibility for any remaining follow-up tests
<br />recommended by a SAP must be assumed by The driver's gaining
<br />employer, provided the driver is offered employment as a DOT' -covered
<br />employee with a new employer
<br />If newly -hired driver is subject to follow-up testing due to a previous
<br />violation while working for a previous employer, dial driver will, order
<br />independent authority, be responsible for the cost of any remaining
<br />follow-up tests at required by the Substance Abuse Professional, and such
<br />costs, if not paid by cash or personal check, will be deducted from the
<br />ifti,shr's next paycheck
<br />E GDCRAL Tusitmo INFORMAriON (STANDARDS AND INI EORITY OF I HF-MmUNG
<br />PROCESS)
<br />I All tests shall be conducted as specified in 49 CFR §40
<br />2 An applickull or driver has the right to request and receive from his/her
<br />employer a copy of the lest result report on any drug or alcohol rest for which
<br />he/she provided a urine or breath sample For alcohol test resmis, the request,
<br />inwriting, should be addressed to the employer's DER For drug tusks, the
<br />the suspicion involves alcohol only, or alcohol and drugs, the union
<br />representative may be nolified, but because DOT requires alcohol testing
<br />to occur in a timely trowel, the half-hour time allowance will not apply.
<br />If the union representative is not immediate]), available, he/she may have
<br />to arrange independent transportation to the collection site, as regulations
<br />do not allow for delay of the collection process
<br />Observation and testing for reasonable suspicion for controlled substances
<br />use can occur at any time the employee is on duty, and is not related to
<br />when he/she performs safety-sensifivo Functions A trained supervisor's
<br />determinatimt will he based rot observafrcm of an employee's appemrancr.,
<br />behavior, speech and/or body odor, and on chronic and withdrawal effects
<br />ofdrug uire An employee who is suspected of controlled substances use
<br />must be immediately withdrawn from safety -sensitive fivisclums and is
<br />required to undergo drug testing
<br />Observation and testing for reasonable suspicion for alcohol use on occur
<br />onlyjust prior to, during, orjust after the employee's performance of
<br />safety -sensitive Function, or at any time that the employee is in readiness
<br />to provide safety -sensitive function A [rained supervisor's determination
<br />of suspected alcohol use will be based on observation ofan employee's
<br />appearance, behavior, speech and/or bsxh, odor An employee who is
<br />suspected of alcohol misuse must be immediately niflidruiva from safety -
<br />sensitive functions and cannot return unless an alcohol test has been
<br />conducted with an alcohol concentration that measures less than 0 02, or
<br />(if no test is conducted) nveray-four (24) hours have elapsed since the
<br />reasonable suspicion determination occurred
<br />An alcohol lot for reasonable suspicion should be administered %% ithin the
<br />firial two (2) hours, or within the next six (6) hours, but no more than eight
<br />(8) home after the initial observation occurred
<br />if alcohol testing is not conducted within two (2) hours, the reasons the
<br />test wasnoi ,,chicb,cl must be documented Ir.1-hol wsling their is not
<br />conducted within the next mr, (6) hours, the reasons the lest was not
<br />conducted must again be documented After eight (8) hours, there will be
<br />no more attempts to conduct an alcohol Fear If no alcohol test is
<br />conducted at all, the driver cannot perform safety -sensitive functions until
<br />liverin-four (24) hours have elapsed following the original determination
<br />of reasonable suspicion of alcohol use If this emplo3 es must return to
<br />safety -sensitive functions before 24 hours have passed, lie/she may do so
<br />only after taking mother alcohol lest and receiving a lest result beloo,
<br />002
<br />fWkjr".p94kfitXJWW
<br />Under DOT regulations, berate a driver can be considered for
<br />reinstatement after having engaged in prohibited conduct (Section V1, [B],
<br />the driver must provide a negative Relturn-to-Duly drug
<br />reaper alcohol test, depending on the subsuarce(s) involved in the
<br />request can be either verbal or in writing, and addressed to the MRO
<br />3 Collection and testing procedures will be such as to protect the driver and the
<br />integrity of due testing process, safeguard the validity of the lost results, mid
<br />ensue that lest results we olubakilid to the correct driver.
<br />4 When an employee is required to obtain a medical examination by a medical
<br />specialist (related to the employee's inability to provide a sufficient breath or
<br />urine specimen), under each employer's independent authority, the umpkiyu
<br />will be required to fen, the costs associated with that examination
<br />r. Ai.civnor.TESTING AND THE REx)RTfN() OF TEST RF.SLJLJ S
<br />I Alcohol tests (screening and confirwahiry) will be performed on a device that
<br />appears on the National Highway Traffic Safety Adminusl ration's (NI UFSA)
<br />Conforming Product,, List (CPL) and that meets the DOI", testing
<br />requirements
<br />2 When a specific Fine for an employee's lest has been scheduled, and [lie
<br />employee does not appear at the collection site at the scheduled time, the BA,r
<br />will —fact the employer's DER, who may determine that the employee has
<br />refused to be lashed
<br />3 For alcohol toting (screening and a breath sample will be
<br />collected and analyzed by a Breath Alcohol Technician (BAT) using an
<br />Evidential Breath Testing device (EBT) For the screening lest, asafiva
<br />sample may be collected by a Screening Test Technician, using an Alcohol
<br />Screening Device
<br />4 If the result of the screening lest indicates an alcohol concentration orO 02 or
<br />greater, a Breath Alcohol Technician (BAT) will perform a confirmatory ro[,
<br />no less than fifteen (15) and no more than thin), (30) minutes after the
<br />completion afire screening test
<br />5 If the cerrifinumbily, lost is positive (0.04 and above BrAQ, the Breath Alcohol
<br />Technician (BAT) shall immediately notify the employer's DER,
<br />6.. Random, reasonable suspicion and follow-up alcohol testing must be
<br />conduchidjust before, during, orjust after a driver performs safely -sensitive
<br />function, or at any time the driver is in readiness to perform safety -sensitive
<br />functions
<br />T. Results of additional tests arranged by an employee, or requested by a medical
<br />practitioner, will not beconsidered. This includes testing of blood samples,
<br />hair samples, DNA, or any other testing methods or protocols
<br />O. CoN,rROLI.F.'DSLJBSIANCi,.sTFsiiN(i,iiiE.MROPROCI,.SSAM)REPORErNC.OF'['ESI
<br />RESULTS
<br />I All controlled substances testing specimens shall be analyzed by a laboratory
<br />that is approved by the
<br />U. S. Department of Health and Human Services (DRIHS), and that observes
<br />applicable chain -of -custody procedures
<br />
|