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• Semen InP Test Technician ISM means a person tirho instmcls and
<br />assists employees in the alcohol testing process and operates an ASD
<br />(Alcohol Screening Device).
<br />• Substance Abuse Proressional (SAPI means a licensed physician
<br />(Medical Doctor or Doctor of Osteopathy), or a licensed or certified
<br />psychologist, social worker, employee assistance professional, or
<br />addiction counselor(certifted by the National Association of Alcoholism
<br />and Drug Abuse Counselors Certification Commission [NAADAC) or by
<br />die International Certification Reciprocity ConsodiunJAle0h0l & Other
<br />Drag Abuse [ICRC]), or by the National Board of Certified Counselors,
<br />Inc., and Affiliates/ Master Addiclions Counselor (NBCC), with
<br />knowledge of and clinical experience in the diagnosis mid treatment of
<br />alcohol and controlled substances -related disorders. A SAP evaluales
<br />employees wltohm•e violated a DOT drug and alcohol regulation and
<br />makes recommendations concerning education, treatment, faitowv-up
<br />Wing, and aftercare.
<br />Substituted specimen means a specimen with creatinine and specific
<br />gravity values dint are so diminished that they are not consistent with
<br />human urine.
<br />• Testing levels means levels established by Ole U.S. DIIHS, at which a
<br />specimen or sample is determined to he either negative or positive,
<br />according to 49 CPR §40, Procedures for Tramillortalion Work lace Drum
<br />and Alcohol Testing Programs.
<br />D_ Trs-rs ReQinurn
<br />As provided in D.S. Department o€Transportation rules and regulations, a driver
<br />who must possess a CDL shall be subject to pre-emplaymentlpre-placement
<br />testing (drug only), and random, reasonable suspicion, post -accident, relum-lo-
<br />duly and follow,up testing for alcohol and controlled substances.
<br />], Pre-em fo nientl PrnEllflcemenl.Ttsflltz
<br />Every applicant for a driving position w%ho receives a job offer from a
<br />BCRC contractor puTlicipanl must submit to a urine drug lest. Thejob
<br />o1Ter is contingent on the applicant's providing a negative lest result.
<br />Each applicant will be asked whelherheAhe has tested posili%e, or refused
<br />to lest, on any DOT pre -employment drug or alcohol lest for a DOT
<br />eniplayerdunnglhepre%viouslwn),ears, Anapplicanlwhohaspreviotuly
<br />tested positive, or refused to be tested, will not be considered for
<br />employment until or unless he/she successfully completes DOTS ream to
<br />duly process. (See Section Vlll, Consequences of erobibiled Conduct).
<br />DOT does not require a driverlapphcant to submit to a pre-employmenl
<br />drug lest if all the following provisions ova mel to an employer's
<br />smtsraction',
<br />received a SAP's report of complience, including a follow-up testing
<br />requirement.
<br />ff the applicant is a current employee who is being transferred to a
<br />position or assignment that requires the driver to possess a CDL, a
<br />negative pre-employmonl drug lesi result must be received before the
<br />emptoyee assumes "he new position ar assignment. If the test result is
<br />positive, the oiler ofprnmolion or transfer hill be immediately nitrdrm%n,
<br />and the employee will be subject to rules drat the employer may have
<br />established in a separate drag and alcohol policy for non -DOT employees.
<br />When an employer uses but does not employ a driver to operate a
<br />Commercial Motor Vehicle more than once a year, the driver will be
<br />required to provide aulhoriz lion for the employer to obtain verification tit
<br />least once every six (G) montis that the driver is participating in a
<br />qualified drug and alcohol testing program, that there have been no
<br />refusals to be tested for alcohot or controlled substances, the dates the
<br />driver was last lasted for alcohol arhdlor controlled substances, She results
<br />of any tests within Ole previous six (6) months and any other violation of
<br />prohibited conduct as defined in VI(B) above. If tut employeris tmablo to
<br />satisfactorily obtain this information, the driver will W required to submit
<br />to a pro-employmenl drug lest with a negative lest result prior to being
<br />permdled or requested to provide safely'-sensiln•e runctions for that
<br />employer
<br />2, Posl-accident Testing
<br />As soon as possible following an accident involving a commercial motor
<br />vehicle on a public highway, (See Section VI[C], Definitions), Ole
<br />surviving DOT drii er(s) im'oil ad in ilia accident must be tested far
<br />alcohol and drugs,
<br />a A past -occident alcohol lest, when required, must be administered
<br />as soon as possible, but within eight (S) hours follor fog the
<br />accident.
<br />If testing is required but is not conducted within I%%a (2) hours, the
<br />reasons the test was not conducted must be documented_ If lesling
<br />is required but is not able to be conducted within The next six (6)
<br />hours, the reasons the lest was not conducted must again be
<br />documented. After eight (It) hours, there i ii] be no more attempts
<br />to conduct an alcohol lest.
<br />b. A post -accident dmg lest, when required, must be administered ns
<br />soon as possible, but within thirty-u%a (32) hours following Ole
<br />accident. If lesling is required but is not able to be conducted
<br />w%ilhin thirty -Iwo (32) hours, the reasons the test was not conducted
<br />must be documenled. After thirty-swo (32) hours, there will be no
<br />more attempts to conduct a drug test-
<br />a The employer can verify that the driver has participated in a valid
<br />drug testing program (that meets the requirements of IIOT rules
<br />and regtdalioiis) within the preceding thirty (30) days; Aril
<br />b. %%title participating in flint program, Ole drivedapplicam was either
<br />tested within the past six (6) months or was enrolled in a random
<br />selection program for the previous livelce (12) monllts; and
<br />C. no prior employer of %%horn the employerhas knowledge has
<br />record that the driver violated any pad of die DOT rules and
<br />regulations regarding controlled substances use within the last six
<br />(6) months.
<br />]f the applicant is a new hira, the lesling must be completed, and a
<br />negative lest result must be received, before the driver will be permitted to
<br />provide safely -sensitive function. [f the pr¢-employment lest result is
<br />Positive, the job after will be fnmhediatelg w-ilhdronn, and Ilia applicant
<br />will be provided with names of qualified SAPS, The applicant cannot be
<br />reconsidered unless and until he/she completes a SAP assessment and
<br />recommended assistance (Section VIE], Consequences of Prohibited
<br />Conduc ).
<br />An applicant who has previously refused to be tested or nho provided a
<br />positive lest result on a DOT pre-emplo)rttent WE for controlled
<br />substances for any other employer will be expected to report those test
<br />results at the time of application. Linder each employer's independent
<br />authority, failure to do so will constitute falsification of application
<br />information, and %don discovered, will result in removal front
<br />consideration for cmploymem, or, if already hired, immediate termioation
<br />ofempioymenl. An employer who wishes to reconsider the individual for
<br />ample ymeal %%till make such consideration only after the individual has
<br />completed a SAP assessment, complied %with the SAP's recommendations,
<br />and provided a negative resuh on a Return -to -Doh' East
<br />-
<br />]f an applicant has previously complied whit a SAP's recommendations as
<br />the m91111 of a violation under a previous employer, the applicant's pre-
<br />employment last nil€ be considered to also be a Return -to -Dui% test.
<br />When significant time has lapsed since the SAP's report of compliance, an
<br />employer may require an additional, second follow-up evaluation to be
<br />conducted by a SAP, designated by the employer, to %erifv that die
<br />applicant is curready free of drug use, prior to being considered for hire.
<br />Tile cost of this SAP evaluation will be paid by the omployer who requests
<br />it.
<br />An applicant is required to sign a fomr uulheriAlip the hiring employer to
<br />obtain from all previous employers (in the previous three 13] years) a
<br />report of all DOT violations, including positive lest results and refusals to
<br />be tested. The hiring employer will also request copies of Substance
<br />Abuse Professional (SAP) reports related to each of these violations. An
<br />applicant with a violation cannot be hired until Ilse hiring employer has
<br />A driver who is subject to post accident lesling shall remain readily
<br />available for such testing. If the driver is not available for any reason,
<br />except for tearing die accident scene for the period necessary to obtain
<br />assistance in responding to the accident or to obtain necessary emergency
<br />medical rare, an employer will consider the driver to have refused to
<br />submit to testing.
<br />Under independent authority, a driver who has subnalled to a post-
<br />accidenl lest oil) be pemdlled to rettml to safety -sensitive Functions only
<br />at the direction of a super isor
<br />Even ifhighwav enforcement or other officials conduct a drug or alcohol
<br />lest following an accident, drivers are still subject to DOT testing under
<br />these employer rules. In the event that federal, stale, or local officials
<br />conduct breath or blood tests for the we of alcohol and/or urine tests for
<br />the use of controlled substances following an accident, and a DOT lest is
<br />required but is not able to be conducted, the tests co dueled by lawn
<br />enforcement may meal the requirement of this section, provided "lose
<br />tests conform to applicable federal, state, or local requirements. Each
<br />employer hill mquesl lest resells and other pertinent documenlalion from
<br />such agencies or law enforcement suthontics, and a driver is required to
<br />sign a release allowing hisllter employer to obtain such information.
<br />Under each employer's independent anlhurity, refusal to sign such a
<br />release will be grounds for termination of employment.
<br />In ilia event [hat a driver is so seriously injured [hat die driver cannot
<br />provide a sample or urine or breath al the lime of die accident, each
<br />employer requires that Ole driver provide necessary autorintion for
<br />his@her employer to obtain hospital records or other documents that would
<br />indicate whetter controlled substances or alcohol were present (and The
<br />resuitiug levels) in the driver's body at the time of the accident. Under
<br />each employer's independent authority, retusal to sign such a release will
<br />W grounds for lornunation aremploymenl-
<br />3. Random Testing
<br />A percentage of drivers will be subject to random alcohol and drug testing
<br />each year. The percentage of drivers to be tested will be as determined
<br />annually by PMCSA and published in the Federal Register in January. (At
<br />the etYechce date of Otis policy, the minimum annual percentages are ten
<br />[ I(h] percent of tie average number of driver positions for alcohol testing,
<br />mid fifty [50] percent of the average number of driver positions for ding
<br />testing.) Selections of drivers to be tested shall be done by a scientifically
<br />valid method that provides that each driver will have an equal chance of
<br />being selected each lime that selections are made While a driver is
<br />subject to telling, the driver's name is never removed from tic pool.
<br />Thus, a dnvo might be selected more than once during a year.
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