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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 />