Laserfiche WebLink
a. Random tests will be unannounced; the dales for random tests will <br />be spread throughout the year. <br />b. A driver mho is selected for random testing will be required to <br />report to the collection site immediately upon notification. If the <br />driver engages in conduct That does not lead to a collection as soon <br />as possible after notification, such conduct will be considered as n <br />refusal to submit to a lest. lhedriver mill he in a duly stales (paid) <br />from the limehelshe leaves to go to the collection site until the <br />time he/she returns from the collection site. <br />u A random test for alcohol shall be scheduled to occur only just <br />priorto, during, orjust after performing asafety-sensilive function, <br />or at any lime dial the driver is in readiness to provide safety - <br />sensitive function- <br />d. A random test for controlled substances can be scheduled at any <br />lime the driver is on duty, and is not related to when the driver is <br />Performing safely-sensilive funclion <br />e, An employee who has been selected for random testing must be <br />tested in that testing period. FMCSA regulations do nor permit a <br />replacement to be named if the selected employee is unavailable <br />for testing. <br />f BCRC will administer its own random selection through a <br />scientifically valid means, mid will maintain all necessary records <br />as required in 49 CFR §382, Subpart D, Recordkeeping. <br />4, Reasonable SlIMision_Test€ste <br />BCRC shall require an employee 10 submit to drug and/or alcohol testing <br />for reasonable suspicion when a supervisor has reason to believe that an <br />employee has engaged in Prohibited Conduct (See Seclion VI (B), <br />Prohibited Conduct, based on observation of Lhc employee's appearance, <br />behavior, speech, and/or body odor. Such employee conduct most be <br />witnessed and documented by asupervisor who has been trained in <br />compliance mitt FMCSA rules and regulations. Should asupervisor <br />determine that an employee might have violated a prohibition of these <br />regulations, the employee must submit to testing. Documentmion is <br />required for both drug and alcohol reasonable suspicion. Documentation <br />for a drug test must be signed and submitted 10 the DER within 24 hours, <br />and for an alcohol lest, prior to the conducting of the alcohol test - <br />An employee who is represented by a bargaining unit and who is <br />requested by a supervisor to submit to reasonable suspicion testing may <br />request to have a union representative present, provided the employee <br />signs a consent for the supervisorio nalify the union representative of the <br />request for testing. When the suspicion involves drugs only, the employer <br />will allow a maximum of one-half hour for the union representative to <br />arrive and accompany the employee through the collection process. When <br />prohhibited conduct- A Substance Abuse Professional (SAP) may, <br />however, order testing for both alcohol and controlled substances. <br />Each employer reserves the right to withhold a final decision regarding <br />reinstatement of a driver until after a negative result of a Reium-to-Duty <br />test has been received. <br />A positive Return-to•Daty lest result is not considered to be an employee's <br />second positive test, and is therefore not cause for Lamination. An <br />employee may schedule additional Relum-to-Duty tests, until such time as <br />a negative result is obtained. <br />Under independem authority, an employer nifty require that The cost of <br />Reium-lo-Duly tests will be bome by The driver. <br />fi. Follow-up Testing <br />A driver, who relums to duty after complying with the recommendation of <br />a Substance Abuse Professional and after providing a negative result on a <br />Reium-ta-Duly test, is subject to unannounced follow-up alcohol and/or <br />controlled substances testing as directed by the Substance Abuse <br />Professional. Follow-up testing may be scheduled for a period of up to <br />silty (60) months, and must include no fewer than six (6) tests to be <br />conducted in tire first twelve (f2) months after fire employee's retum-lo- <br />duty date. Follow-up alcohol testing shall be conducted only just prior to, <br />during, erjust after the drivers performance ofsafely-sensitive functions, <br />or ssiten the driver is in readiness to perfomu safely -sensitive function <br />Under independent authority, each employer may require that the cost of <br />all follow-up tests nil€ be bome by the driver. <br />When on employer, under independent authority, has leminated a driver <br />from employment, the responsibility for any remaining follow-up tests <br />recommended by a SAP must be assumed by the driver's gaining <br />employer, provided the driver is offered employment as a DOT -covered <br />employee nith anew employer. <br />If anewly-hired driver is subject to follow-up testing due to a previous <br />violation while working for a previous employer, that driver mill, under <br />independent authority, be responsible for the east of any remaining <br />follow-up tests as required by the Substance Abuse Professional, and such <br />costs, if not paid by cash or personal check, will be deducted from the <br />driver's r ext paycheck. <br />E. GENERAL TESTING INFOUTATION(STANDARDSAND INTEGRITY OF TiELT1:s7iNG <br />PROCESS) <br />I. All tests shall be conducted as specified in 49 CFR §40, <br />2. An applicant or driver Its We right la request and receive from histher <br />employer a copy of the test result report on any drug or alcohol test for which <br />he/she provided n urine or breath sample. For alcohol test results, the request, <br />in writing, should be addressed to the employer's DER. For drug tests, the <br />Wesopicion involves alcohol only, or alcohol and drugs, the union <br />representative may he notified, but because DOT requires alcohol testing <br />to occurin a timely manner, the half-hour time allowance mill not apply. <br />If the union representative is not immediately available, he/she may have <br />to arrange independent transportation to the collection site, as regulations <br />do not allow for delay of flue collection process. <br />Observation and testing for reasonable suspicion for controlled substances <br />use can occur at any time the employee is on duty, and is not related to <br />when helshe performs safety-sensilive functions. A trained supervisor's <br />detennination will be based on observation ofan emplaycc's appearance, <br />behavior, speech andlor body odor, and on chronic Pad withdrawal effects <br />erring use. An employee stho is suspected ofcontrolled substances use <br />muss be immediately withdrmsn from safety -sensitive functions and is <br />required to tmdergo drug testing, <br />Obsen'olion and testing for reasonable suspicion for alcohol use can occur <br />onlyjust prior in, during, orjust after the employee's performance of <br />safety-sensilive function, or at any time that the employee is in readiness <br />to provide safely-sensilive function, A trained supervisor's determination <br />of suspected alcohol use will be based on observation ofan employee's <br />appearance, behavior, speech and/or body odor. An employee who is <br />suspected of alcohol misuse must be immedialely nithdrassn from safety - <br />sensitive functions and cannot return unless an alcohol test has been <br />conducted with an alcohol concentration rival measures less than 0.02, or <br />(if no test is conducted) twenty-four (24) hors have elapsed since the <br />reasonable suspicion determination occurred. <br />An alcohol test far reasonable suspicion should be administered within the <br />first two (2) hours, or within the nest six (6) boars, but no more than eight <br />(8) hours after the initial observation occurred <br />If alcohol testing is not conducted within two (2) hours, the reasons the <br />test was not conducted must be documented. If alcohol testing then is not <br />conducted uithin the nest six (6) hours, the reasons the lest was not <br />conductedmustagoinbedocumented. After eight(8) hours, there will he <br />no more attempts 10 conduct an alcohol test. If no alcohol test is <br />conducted at W, the driver cannot perform safety -sensitive functions until <br />twenty-four (24) hours have elapsed following the original determination <br />of reasonable suspicion of alcohol use. If this emp€oyez must return to <br />safety -sensitive functions before 24 hours have passed, he/she may do so <br />only after taking another alcohol test and receiving a test result below <br />0.02. <br />5. RpJ9 rn• ejBrr tyTolin <br />Under DOT regulations, before a driver can be considered for <br />reinstatement aterhaving engaged in prohibited conduct (Section Vl, iBj, <br />Prohibitions), the driver must provide a r 4palive Relum-to-Duty drug <br />and/or alcohol lest, depending on the substance(s) involved in the <br />request can be either verbal or in writing, and addressed to flue MRO. <br />3. Collection and testing procedures will be such as to protect the driver and the <br />integrity of the tesdag process, safeguard the validity of the test results, and <br />ensure that test results are attributed to the correct driver, <br />4, When on employee is required to obtain a medical examination by a medical <br />specialist (related to the employee's inability to provide a sufficient breath or <br />urine specimen), under each employer's independent authority, the emp€oye , <br />will be required to pay the costs associated with that eamination. <br />F. A.cowi, TFsniLa AND ME REPOaTa:a oFTEST RFsuL75 <br />1. Alcohol tests (screening and confirmatory) mill be performed on a device that <br />appears on the National Highway Traffic Safety Administration's (NHTSA) <br />Conforming Products List (CPL) and that meets the DOT's testing <br />requirements. <br />2. When a specific lime for an employee's test has been scheduled, and the <br />employee does not appear al the collection site at the scheduled time, the BAT <br />will courtier the employers DER, who may determine that the employee has <br />refused to be tested. <br />3. For alcohol testing (screening and confirmatory), a breath sample will be <br />collected and analyzed by a Breath Alcohol Technician (BAT) using an <br />Evidential Breath Testing device (EBT). For the screening test, a saliva <br />sample may be collected by a Screening Test Technician, rising an Alcohol <br />Screening Device <br />4. If the result of the screening lest indicates an alcohol concentration ofO.02 or <br />greater, a Breath Alcohol Technician (BAT) nill perform a confirmatory test, <br />no less Won fineen (15) and no more than thirty (30) laminas afterthe <br />completion of We screening lest. <br />5. If the confirmatory test is positive (0.04 and above BrAC), the Breath Alcohol <br />Technician (BAT) shall inunediate€y nnlify the cnhployer's DER, <br />6, Random, reasonable suspicion and follow-up alcohol testing must be <br />conducted jusl before, during, orjust after a driver performs safety -sensitive <br />function, or at any time the driver is in readiness to perform safety -sensitive <br />functions. <br />7. Results of additional tests arranged by an employee, or requested by a medical <br />pmclitioner, alit not be considered. This includes testing of blood samples, <br />hair samples, DNA, or arty other testing methods or protocols. <br />G. CONTROLLED SuBsTANCFS TESTING, TBE MRO PROCESS AND REPORTING OF TuST <br />RESULTS <br />1. All controlled substances testing specimens shall be analyzed by a laboratory <br />that is approved by the <br />U. S. Department ofHeahth and Hour" Services (DHHS), and thm observes <br />applicable cb tin -of -custody procedures. <br />