property, at ajob site, on Company business, Orin a Company-o+tned !-leased
<br />vehicle if such use may deuimenlally affect or impair the safely of coworkers,
<br />customers or members of lbe public, or an employee's jab performance, or the
<br />safe or efficient operation orthe Company, or its praperly.
<br />D. A driver who uses prescribed medicalion(s) will not be permitted or required to
<br />operate a Commercial Mator Vehicle until and artess the employer is provided
<br />with appropriate authorization from the employee's prescribing licensed medical
<br />professional. ]See Section V, Authorized Use of Control€ed Substances.]
<br />E. Cases of suspected trafficking, possession or use of illegal substances or drug
<br />paraphemaiia on Company property, in or on Company vehicles, and/or at job
<br />sites, will W referred to law enforcement authimlio, under each employer's
<br />independent authority.
<br />F, BCRC encourages participants who wish In voluntarily sees: assistance for
<br />questions or problems related to drugs and alcohol to so do by contacting ate
<br />Association's Employee Assistance Fmgrm. DOT -covered drivers wiso seek
<br />assistance under the provisions of die Self -Identification Policy will have to be
<br />removed from safely -sensitive function during the time of assessment and
<br />rehabilitation, but their admission of use will not be considered a DDT violation.
<br />In accordance with the policy, drivers +rho return to work after rehabilitation will
<br />be required to take a DOT velum -to -duty lest, and will be subject to nos -DOT
<br />follow-up testing.
<br />G. Ifis driver is called to duty during the driver's typical "off -duty" lime, the driver
<br />may report to work only if he/she has not consumed alcohol at any lime during
<br />the previous four (J) hours, Wien a driver has used alcohol during four (4) hours
<br />prior In his/her providing safely -sensitive duly, he/she will be expected to
<br />acknowledge such use al the lime he/she is called. If it is not possible for ale
<br />supervisor !o delay the requested stun time so as Io accommodalc 6gT's pre -duly
<br />requirement, ate employee will nil repots 10 work_ If an on -call employee
<br />acknowledges ate use of alcohol, he/she will he permitted to delemnine a start
<br />lime that wilt comply with the 4-hour prohibition, Under each employee's
<br />independent authority, no discipline will be taken against an employee who
<br />acknowledges his/her use oralcohol during die four (4) hours prior to being called
<br />to duly, unless such conduct has the effect of making that employee repeatedly
<br />unavailable for du(y.
<br />H. BCRC considers a conviction for criminal drug activity to be very serious, An
<br />employee who has a workplace-relaled drug conviction must repartThat
<br />conviction to hisaver supervisor within five(5) days ofreceiving it. Anemployee
<br />who fails to report such a conviction will, upon discovery of the conviction, be
<br />subject to inarediate termination from employment.
<br />1. Each employer reserves the right to tat a DOT -covered employee fovalcoliol or
<br />controlled substance use under the Company's independent authority when DOT'
<br />regulations do no! apply_ These circumstances would include suspected
<br />impairment, violation of an employer's drug and alcohol rules, or of other rules
<br />participants) who are required to hold a Commercial Drivers License (CDL) and
<br />who operate a commercial motor vehicle (CMV), when that vehicle:
<br />• bps a (toss reihicle it combinarion weight rating of 2C,0U1 or n€ore polmds;
<br />• is designed to transport ]0 or more persons including a driver, or
<br />• Is n rehlcle gfm€y= rize vial transports hmnrdous materials and requires
<br />placarding under the Hazardous Maleri& Transportation Act.
<br />B. FMCSA PROHIBITIONS:
<br />A driver shall nor:
<br />• Report for duly or remain on duly requiring die performance of safety-
<br />sensilh a functions while having an€ alcohol concentration of Q(W or greater
<br />+ Use alcohol, including medications that contain alcohol, while performing
<br />safety-sensilire functions,
<br />• Perform safety-sensilire functions within four(4) hours viler using alcohol,
<br />including the use ormedicolions that contain cleohot
<br />• Use alcohol for eight (8) hours following an accident, or until the driver has
<br />undergone a post -accident alcohol test, whichever occurs first,
<br />• Refuse to submit to a pre -employment, post -accident, random, reasonable
<br />suspicion, or follow-up alcohol or drug lest.
<br />Report for duly or remain on duly requiring are perfomuuce of safety -
<br />sensitive functions when he/she was any controlled substances, except nlien
<br />the use is pursuant to the instructions of a licensed medical practitioner who
<br />has advised the driver Ilia( the substance dots not adversely affect the driver's
<br />ability to operate a commercial motor vehicle safely,
<br />• Report for duty, remain on duty, or perform safety -sensitive functions if
<br />Itefshe tests positive for controlled substances,
<br />€f a driver engages in any o€the conducl(s) prohibited in (B) above, the driver is not
<br />qualified, under FMCSA regulations, to driye a commercial motor vehicle (Including
<br />operating any interstate commercial motor vehicle with GV WR of IDJXJI pounds or
<br />more). Helshe most be immediately removed from all sa€cry-sensitive functions
<br />including driving, and is subject to $"lien Vlll, Consequences of Prohibited Conduct
<br />A driver who engages in prohibited conduct a second time will be immediately
<br />terminated from employment.
<br />Under FMCSA regulations, a driver who is found to have an alcohol concentration of
<br />0.02 or greater, but less than 0.04, may not operate or continue to operate a cominercial
<br />motor vehicle or provide other safety -sensitise functions for a twenty-four (24) hour
<br />period. Under each employer's independent authority, that driver will be an unpaid leave
<br />for any hours not worked,
<br />In this regard, under independent authority, a driver who provides an alcohol lest result
<br />greater than 0.02 but below 0.04 on a second incident will: lie subject to disciplinary
<br />that are staled in this policy, and causing or being involved in an accident or
<br />injury of self or anolher employee. In those cases, testing levels would be
<br />identical to DOT levels, but the lest would be conducted as a non -DOT lest,
<br />If a DOT -covered employee tests positive for drugs under an employer's
<br />independent authority, that employee will be considered to be in violation of
<br />DOTS prohibited use of control€ed.substances, lielshe will be immediately
<br />withdmwn from safely -sensitive fmiclion, and wilt be subject to consequences as
<br />defined in this Drug and Alcohol Policy for DOT Employees.
<br />If a DOT covered employee tests positive furaleohol under an employer's
<br />independent authoril), that employee will be considered to be in violation or
<br />BCRC's policy regarding alcohol in the workplace. Helshe will be subject to
<br />consequences as def€wed in BCRC's policy far employees who are tested under
<br />non -DOT circumslances.
<br />V. AUTHORIZED USE OF CONTROLLED SUBSTANCES
<br />Ifadriver undergoes prescribed medical treatment with a dmg or controlled substance,
<br />the driver is requ€red In report this treatment to his/her employer, who will take steps to
<br />investigate whether the driver'sjob assignment should be temporarily changed during the
<br />period of treatment, or whether milaraccommodations may be appropriate,
<br />BCRC requires a driver to make such notification as soon as possible, and prior to
<br />perforating a safely -sensitive function, and to provide written documentation from the
<br />prescribing licensed medical practitioner that the medication(s) will not affect the driver's
<br />ability to perform safely-sensilive functions safely, including operating a commercial
<br />molar vehicle. Each employer reserves the right to obtain an independent medical
<br />opinion regarding the potential effects of a prescription or over-the-counter drop, on p
<br />drivers ability to perform safety -sensitive functions or other aspects of hisdserjob.
<br />Furdter, each employer reserves the right to place any driver taking medication(s) on a
<br />leave of absonce pending a decision as to whether the driver may continue to perform
<br />his/her regularjob duties while taking The medication(s).
<br />Each employer may, a it determines necevalty, and when possible, temporarily reassign
<br />an employee to non -safety -sensitive functions for The duration of his/her use of such
<br />drug(s). However, due to the safety -sensitive nature of manyjebs in the construction
<br />industry, no employee can be guaranteed that these accommodations can always be made.
<br />Vl. TESTING FOR CONTROLLED SUBSTANCES AND ALCOHOL
<br />Employers who are members of BCRC will conduct controlled substance and alcohol
<br />testing of Ihe€r driverlapplicanis and their driver/employees (including mechanies and
<br />management driyors) in compliance with regulations established by the U.S. Department
<br />of Transportation (DOT), 49 CFR §§ 40 and 382,
<br />A. Covrnrn DrdvcRs
<br />In accord with U.S. Deparmeat ofTransporlalion FMCSA Regulations, drivers
<br />subject to drab and alcohol testing are those employees (of contractor
<br />action up to and including wrininalion orentploymem for disrupting normal business
<br />hours,
<br />C. DGr1NIT€0€Js
<br />• Accident means an occurrence involving a coommercial motor vehicle
<br />operating on p public road in which,
<br />a. There is the loss of human life; or
<br />b. The driver receives a citation under Slate or local law for a moving
<br />traffic violation arising front the accident; and
<br />(1) Any involved vehicle sustains disabling damage as defined
<br />in this policy; andlor
<br />(2) Anyone receives bodily injury that requires immediate
<br />medical treatment away from the accident scene_
<br />• Acrualknowledge means actual knowledge by an employer that a driver
<br />has used alcohol or controlled substances based on the employer's direct
<br />observation of the employee, information provided by the driver's
<br />previous en,pioyer(s), a traffic citation for driving a CA1V white under the
<br />influence of aicoho! or controlled substances, or an employee's admission
<br />oralcohol or controlled substance use, except as provided by our Self-
<br />rdamiftcalionPoiicy(S"0im X)_ B¢Cause our nor -DOT testing is
<br />conducted under tie scone strict collection and laboratory standards os our
<br />DOT tests, we rdso consider a positive drag lest result to be actual
<br />knowledge that rat employee is using a controlled substance without
<br />authorization.
<br />• Adulterated specimen means a specimen that contains a $"balance that is
<br />not expected to be present in human urine- or contains a substance
<br />expc tied to be present but is at a concentration so high that it is not
<br />consistent with hummm urine_
<br />• Alcohol means the inloxicaling agent in beverage alcohol, ethyl alcohol,
<br />or other lov molecutur weiglll alcohols including methyl and isopropyl
<br />alcohol.
<br />Alcohol concentration ar cmltenl means the alcohol in a Volume of
<br />breath expressed in terms of gauss of alcoltol per 210liters of breath as
<br />indicated by an evidential breath lest (BrAC).
<br />• Alcohol semen€ne device(ASD) means a breath or saliva device,other
<br />than an EBT, that is approved by the National Highway Traffic Safely
<br />Administration (NHTSA) and placed on a conforming products list (CPL)
<br />for such devices.
<br />• Alcohol screen€ne test means an analytic procedure In determine nhedier
<br />an employee may have a prohibited concentration of alcohol in a breath or
<br />saliva specimen
<br />
|