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30 <br />in which there is no DOT agency rule establishing physical qualification standards applicable to <br />the employee, the information indicates that continued performance by the employee of his or <br />her safety sensitive function could pose a significant safety risk. <br /> <br />An employer may obtain, pursuant to a driver’s written consent, any of the information <br />concerning the driver which is maintained under this part by the driver’s previous employers. <br />Provisions under 49 CFR Part 382.413 (Release of alcohol and controlled substances test <br />information by pervious employers) shall be followed. <br /> <br />Removal from Safety-Sensitive Function” <br /> <br />An employee will be removed immediately from a “safety-sensitive function” if that employee <br />refuses to take a drug test or fails a drug test as follows: <br /> <br />1 An individual fails a drug test required by this policy, and the MRO determines <br />there is no legitimate medical explanation for the confirmed positive test other <br />than unauthorized use of a prohibited drug; <br />2 An individual refuses to take a drug test; <br />3 The only exceptions to item 2 above are as follows: <br />A. Individuals who have passed a drug test following a positive test; <br />B. Individuals who have been recommended by the MRO for Return to Duty; <br />and, <br />C. Individuals who have not failed a drug test after being returned to duty <br />following a positive test. <br /> <br />In addition, a person will not be used as an employee if that person refuses to take, or fails, a <br />drug test or is in violation of this policy. <br /> <br />Disciplinary Procedures for Positive Drug Test <br /> <br />When an employee is tested positive for prohibited substances, the following procedures will be <br />implemented: <br /> <br />1 An immediate suspension from work activities for a minimum of (14) days unpaid <br />medical leave will commence (unused vacation and/or personal leave may be <br />utilized, or additional unpaid medical leave may be granted at the discretion of <br />the Company); <br />2 The employee will be required to contact Trisco Systems, Inc.’s Substance Abuse <br />Professional (SAP) counselor for evaluation and referral; <br />3 The employee will be required to abide by the decision of the SAP counselor <br />regarding type of treatment, frequency of treatment, AA/NA meetings, etc.; <br />4 The employee will be required to complete all recommended treatment, <br />counseling, etc. If outpatient aftercare and/or AA/NA meetings are <br />recommended, these may be done while the employee is back to work. Out of <br />town aftercare may be scheduled to meet work assignments.