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.
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