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2 When aspecific lime Par an employee's lest has been scheduled, and the
<br />employee does not appear at the collection site in the scheduled lime, the
<br />collection silo personnel will contact an employer's DER, who may deterraire,
<br />dick the employee has refused to he tested
<br />At the collection site, the employee will be required to empty his/her pockets
<br />and display the items in them A refusal to empty all packets as directed by
<br />the collector will be a refusal to he tested
<br />3.. If a mine specimen temperature is outside the acceptable range (90 — 100
<br />degrees F ), the collector must immediately require a new collection, "der
<br />direct observation An employee who refuses to provide a second specimen,
<br />or who refuses to parrim a direct observation collection, will be determined to
<br />have refused to be tested
<br />4 Thu DHFIS-approved testing laboratory shall forward the results of every drug
<br />test to a B(CRC-designated Medical Review Officer (MRO) for review
<br />5 If a lest reach is negative, the result will be reported by the MRO to the
<br />employer',, DER
<br />6 If a lest result is non -negative, the MRO shall contact the driver, and will give
<br />the drive, an oppoi-huni) in discuss the leg nsimils prior tomaking a fine
<br />decision to verify a lest result The MRO shall inform the driver rd'his/her
<br />right to request a retest of the same specimen at a different DIHIS-approved
<br />laboratory, Such request raw[ be made by the driver within seventy-two (72)
<br />hours of the alriver having been informed of a verified positive test result,
<br />unless the driver presents information to the MRO documenting that serious
<br />illness, injury, inability to comsel, dhe MRO, lack of actual knowledge of the
<br />verified positive rest, or other circumstances una, oidabb, pre, ended the
<br />employee from contacting the MRO within 72 hours Ifthe lvIROconcludes
<br />that there is alegifirrede explanation for the employee', failure to contact the
<br />MRO within 72 hours, the MRO shall direct that the reanalysis of the
<br />specimen be performed
<br />7 An employer, under independent authority, will require that the cost aft, risheu
<br />shall be home by the drive,, and will be deducted Pisan the driver's subsequent
<br />paycheck
<br />9 If. rider making 3 riumimns in a 24-hour period the MRO is not able to contact
<br />a driver, the MRO shall report to the employer's DER that all , casonable
<br />efflarks have been made to contact the driver, without success The DER shall
<br />than. as; soon &a practicable, ask the driver to contact the MRO within the next
<br />72 hours, and shall apprise the MRO that the driver has been so notified
<br />9 The MRO may verity atesl as positive without communicating with the driver
<br />if
<br />a The driver expressly declines the opportunity to discuss the test
<br />result; or
<br />1, The employs,'., DER has successfully made and documented
<br />an identified person as directed by the specific, written consent of the driver authorizing
<br />the release of the information..
<br />'drill. Lqly �rrNLLS()Lp
<br />When a DER receive, act!" at's driver', verified positive drug or alcohol Lest result, m
<br />pre verified refusal to be tested, orrifany olherviololion of FMCSA rules, (See Section
<br />Vhff, the driver will be immediately removed from all FMCSA
<br />safety -sensitive battalions (see definition), including driving, and will not be permitted or
<br />required u, return to performing safety -sensitive functions until or unless the employee
<br />successfully completes the romm-lo-dia), process that is required by FMCSA under this
<br />regulation. This includes a supervisor or manager having actual knowledge (see
<br />definition) that a driver has used alcohol on duly. or a controlled substance on dinv,
<br />without authorization
<br />'I he employer's DER will provide the driver with the phone number of BCRC'%
<br />Employee Assistance Program, who will in turn direct The driver to qualified SAPS,
<br />Under independent authority, each employer will accept cremations conducted only by
<br />EAP-.commended SAPS. Additionally, DOT regulations donot permit memployee to
<br />obtain asecond SAP's evaluation Iran employee does obtain a second SAP's opinion,
<br />DOT'regulations do not permit an employer to acknowledge that second opinion
<br />ffan applicant intends to reapply to an employer., or to mother transportation incident),
<br />employer, ha/she must first successfully complete a SAP assessment and
<br />recommendation
<br />A drive, whe refuses to submit to testing will midst each employer'., independent
<br />authority, be terminated from employment, and will be provided with times, addresses
<br />and phone number of qualified SAPS and ofarrailable treatment resources
<br />DOT rules mid regulations do not permit an employer to consider a driver for retain to
<br />sal'a - v-sersitive functions until the driver has been evaluated by, a qualified SAP, and has
<br />complied with the SAP's recommendation(s) For rehabilitation and/or education
<br />If and when possible, an employer may reassign a driver to non -safety -sensitive functions
<br />while he/she is following the SAP's recommended prognon of.ashefirwo and/or
<br />education However, due to the safety -sensitive nature ofmost offlinjobs; in this
<br />inificary, no employer on guarantee that these accommodations can or will be made
<br />For employers with more than 50 enuiloy—s, a driver who is following a SAP's
<br />recommendation of treatment may seems benefits under Farm]), and Medical Leave Act
<br />(FILMA), provided he/she is eligible for such benefits.. Under separate authority,
<br />employers imp, pennif a driverwho has been removed from safety -sensitive functions
<br />under these regulations to request to receive earned time off anchor vacation lime benefits
<br />during the assessment mope, makurnart phase
<br />Up.. receiving . SAP's report rofecreplierve with i-seruncestichifions, each employer will
<br />arrange for the driver to take a Relum-lo-Duly test In order for the employee to return to
<br />safely -sensitive functions, this Relum-to-Duly lost must have a negative lost result
<br />Under independent authority, each employer will require that any costs incurred in regard
<br />to services Provided by a SAP, or of treatment cantor education recommended by the
<br />contact with the driver and instructed the driver to contact the
<br />MRO and more than 72 boom have passed since the time the
<br />employee was successfully contacted by the DER; or
<br />c Neither the MRO nor the DER, after making all reasonable effarls,
<br />has been able to contact the employee within 10 days of the date
<br />on which the MRO receives the confirmed positive task result from
<br />the laboratory
<br />to If a ie%k is verified positive under the circumstances specified in #10 above,
<br />the driver may, within 60 days, present to the MRO infitrinalion clocumenfing
<br />that serious illness, injury or other eircurnesairces, unavoidably prevented the
<br />driver from being contacted by the MRO m his/her employer's DER, or from
<br />contacting the MRO, as applicable, within the times provided The MRO, on
<br />the basis of such information, may reopen the veri ficali on, allowing the driver
<br />10 present information concerning a legitimate explanation for the comforted
<br />positive test. If' fie MRO concludes that there isalegitimate expimalion,the
<br />MRO will declare the lost to be negative
<br />I I When a required drug task (pre -employment, return -to -duty, or follow-up) is
<br />canceled, the employee will be required to ineurnalimeh, take mother test. with
<br />minimum advance, notice
<br />12 Resells of additional leaks that are arranged by an employee, or requested by a
<br />medical practitioner, will not be considered. This includes testing of blood
<br />samples, hair samples, DNA, or any other testing methods or Protocols
<br />13 When a drug fork is reported &a positive dilute (or negative dilute), the lest
<br />result will be considered to be positive (or negative), respectively
<br />14 H; in the MRO's opinion, the employee provides information that medically
<br />disqualifies the employee from providing salm) -sensitke functions, or that
<br />ecusas, the MRO 1. have concern about the employee's ability to s.Jely
<br />perform his/be, safety -sensitive duties, the MRO is required to give that
<br />information In an employer's DER After ve,ir, ing the lestresults- the MRO
<br />.shall report the tom results in a confidential rearms, 1. The employer's DER
<br />15 Verified lost results will be reported by a. MRO as either positive, realuak a,
<br />invalid, refused, or canceled
<br />VAL TEST RECORDS
<br />Records perfaining to the alcohol and commiled substances testing program shall be
<br />maintained in secured and looked confidential filar, in the office oFeach employer's DER.
<br />Access to these records shall be limited to each employer's management oRicicla on a
<br />rused-co-know, basis
<br />Records and report data shall be maintained as specified in U.S. DOT's rules and
<br />regulations
<br />Except as required by law or extu essly authorized or required by FMCSA's rules and
<br />regulations, driver testing irmarmedion maintained under the *shot and controlled
<br />substances testing program rift be released only to the driver (on written request), or to
<br />SAP, which are nor covered by a driver's insurance plan or by BCRC's Employee
<br />Assistance Program, will be the responsibility of the driven
<br />VVIuni . SAP .,quires c ch or to participate in a program of after", v, it,. driver's
<br />compliance with that requirement will he monitored by the EAR or the SAP Under
<br />independent authority, any costs related to this monitoring will be the responsibility of
<br />the driver 'llieaftercare requirement wilt beincluded inaRetum-lo-D.tyAgreement,
<br />which must be signed by the driver. Failure to sign such agreement, or failure to adhere
<br />to the to= of a silmed agreement, will result in termination of employment
<br />NX. EDUCATION AND TRAINING
<br />Any employee ,,he has questions or concerns regarding this policy may seek clarification
<br />and ffird— details from his/her employs,'., DER,
<br />1, —NIP I PUMA
<br />BCRC provides a comprehensive Employee Assistance Program (EAP) for employees of
<br />of cordraclor participants in the association Our EAP is accessible by a loll -free phone
<br />number. Employees are encouraged to access the PAP for comodannin and assistance
<br />regarding non -work -related problems that are or could potentially affect their ability to
<br />perform theirjobs satisfactorily or safe]),, including problems with alcohol auseere or the
<br />use of controlled substances.
<br />Educational materials, including a copy of this policy, and information concerning the
<br />effects of alcohol and controlled substances use an an individual's health, work and
<br />personal life, signs and symptoms of an alcohol or controlled submarines problem (the
<br />employee's or a uoworkri's) and available methods for intervening when an alcohol or
<br />controlled substances problem is suspected, will be provided to each employee
<br />Additional materials may be requested and arawers, to questions about the materials may
<br />be obtained by ecociaing his/her employer'. DER.
<br />Attendance at training programs will be mandator), for supervisors and other employees
<br />involved in administering the drugla1c.hol lesifirg program
<br />Supervisors who are designated to determine cbeffier or not reasonable suspicion exists
<br />and who then order a DOT FMCSA-covered employee to undergo testing under FMCSA
<br />rules and regulations, will receive at least 60 minutes of training on recognizing alcohol
<br />misuse, and at leak 60 minutes of training on recognizing controlled substances use
<br />training shall cover the physical, behavioral, speech, and performance indicators of
<br />probable alcohol noisome and use ofoontrolled substances
<br />All supervisors who participate in training will be given a certificate of completion of
<br />such training The original cerfificare will be kept in Company records, and a copy will
<br />be provided to each supervisor for his/her own records, when requested
<br />DRUG-FREF, WORKPLACE EDUCATION
<br />BCRC employers are committed to a Drug -Free Awareness program for all employees
<br />Each employer wfil use that program in an ongoing educational effort to prevent and
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