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Family and Medical Leave Act <br />Leave under the Family and Medical Leave Act (FMLA) may only be taken for treatment of <br />substance abuse by a health care provider or by a provider of health care services on <br />referral by a health care provider. Absence because of the employee's use of the <br />substance, rather than for treatment, does not qualify for leave under the FMLA . <br />Department of Tra nsportation <br />Employees covered under the Department of Transportation rules are subject to random <br />drug testing. Tests for marijuana, cocaine, opiates, and other illegal drugs must be <br />conducted under the Department of Transportation regulations. Tests for the presence of <br />alcohol or other drugs may also be conducted as required under the regulations. <br />Federal Highway Adm inistration <br />The Federal Highway Administration and the U.S. Congress have determined that alcohol <br />abuse and illegal drug use pose specific dangers to the safety and welfare of the Nation. <br />ln fact, Congress specifically noted that the use of alcohol and illegal drugs has been <br />demonstrated to significantly affect the performance of individuals involved in the operation <br />of trucks and has been proven to have been a critical factor in transportation accidents. <br />Visu-Sewer >s Policy mirrors the Federal Highway Administration's policy in that drivers on <br />the highways of the Nation be free from the influence of drugs and alcohol. <br />The Federal Highway Administration United States Department of Transportation (DOT) <br />drug testing regulations require companies engaged in for-hire or private truck operations <br />to conduct mandatory drug and alcohol testing of their interstate and intrastate commercial <br />motor vehicle drivers. The DOT's regulations prohibit commercial motor vehicle drivers <br />from performing any safety-sensitive function (including driving) whenever a driver has <br />either used, tested positive, or refused to be tested for drugs or alcohol. These regulations <br />cover any truck driver who must obtain a commercial drivers license (CDL) to operate a <br />vehicle in excess of 26,000 pounds, or a vehicle used to transport hazardous materials. <br />Federal Motor Carrier Safety Regulations <br />The Federal Highway Administration and the U.S. Congress have determined that <br />alcohol abuse and illegal drug use pose specific dangers to the safety and welfare <br />of the Nation. ln fact, Congress specifically noted that the use of alcohol and illegal <br />drugs has been demonstrated to significantly affect the performance of individuals <br />involved in the operation of trucks and has been proven to have been a critical <br />factor in transportation accidents. <br />From a safety standpoint, the importance of the driver is emphasized by the <br />government's concern evidenced by the regulatory requirements for driver <br />qualification in Parts 383 and 391 of the Federal Motor Carrier Safety Regulations <br />(FMCSR) of the U.S. Department of Transportation, as well as similar requirements <br />of individual states. The purpose of the FMCSR is to promote safety of operations <br />on the Nation's highways, not only for the general driving public but also for the <br />carriers and their drivers. The requirements of the FMCSR place certain specific <br />responsibilities on both Visu-Sewer and the driver for compliance with the <br />16