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Prohibited Conduct'382.601(b)4 <br />Company Policy and the Federal Motor Carrier Safety Regulations prohibit the <br />followingcondu-ct as it relates to the use of alcohol and drugs with respect to the <br />operation of a commercial motor vehicle:. No person will be "physically qualified" to drive a motor vehicle if he or she <br />uses a Schedule I drug, amphetamine, narcotic or any other habit forming <br />drug, or if he or she has a current clinical diagnosis of alcoholism. <br />(, 391 .41 (b)(1 2), (1 s)). <br />. No driver may be on duty and possess, be under the influence of or use any <br />Schedule I drug, amphetamine, narcotic or other impairing substance. <br />(,392.4). <br />. No driver may use or be under the influence of alcohol within four (4) hours <br />before going on duty, operating or having physical control of a motor vehicle. <br />('se2.5(a)(1)). <br />. No driver may use alcohol or be under the influence of alcohol or have any <br />measured alcohol concentration or detected presence of alcohol while on <br />duty, operating or having physical control of a commercial motor vehicle. <br />('se2.5(a)(2))- <br />. No driver may be on duty or operate a commercial motor vehicle while the <br />driver possesses an alc6holic beverage, except that which is manifested and <br />transported as part of a shipment. ( '392.5(a)(3)). <br />o No driver will be permitted to be on duty or operate a commercial motor <br />vehicle if his general appearance, conduct or other substantiating evidence <br />indicates thafhe appears to have used alcohol within the preceding four (4) <br />hours. ('392.5(b)). <br />o A person will be disqualified from driving a motor vehicle for a minimum of <br />one year if he is convicted of operating a commercial motor vehicle while <br />unddr the influence of a drug or alcohol (including any incident in which the <br />driver's blood alcohol concentration is 0.04o/o or more); refusing to undergo a <br />test required to check for any of the above; or using a commercial motor <br />vehicle to manufacture, distribute or dispense a controlled substance. <br />('383.51). <br />Visu-Sewer's Policy and the Federal Motor Carrier Safety Regulations also prohibit <br />the following conduct as it specifically relates to drug and alcohol testing under this <br />Policy: <br />. No driver may report for duty or remain on duty requiring the performance of <br />safety-sensitive functions while having an alcohol concentration of 0.04 or <br />greater. ('382.201). <br />. No driver may be on duty or operate a commercial motor vehicle while the <br />driver possesses alcohol, unless the alcohol is manifested and transported as <br />part of a shipment. ('382.204). <br />21