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2, When a specific lime for an employee's less has been scheduled, and the
<br />employee does not appear at the collection site at the scheduled time, the
<br />collection site personnel will contact an employer's DER, who may determine
<br />that the employee has refused to be tested,
<br />At the collection site, the employee will be required to empty his/her pockets
<br />and display the items in them. A refusal to empty all pockets as directed b7
<br />the collector will be a refusal to be tested.
<br />3. If a urine specimen temperature is outside the acceptable range (q11— INl
<br />degrees F,), the collector must immediately require a new collection, =der
<br />direct observation. An employee who refuses to provide a second specimen,
<br />(Ir who refuses to permit a direct obseryatun collection, will be determined to
<br />have refused to be tested.
<br />4 The DFBiS-approved testing laboratory shall forward the results of every drug
<br />test to a BCRC-designated Medical Review Officer (MRO) for review.
<br />5. If a test result is negative, the result will be reported by the MRO to the
<br />employer's DER.
<br />C. If a lest result is non -negative, the MRO shall contact Ole driver, mid will give
<br />the driver an opportunity to discuss die lest results prior to making a final
<br />decision to verify a tell result, The MRO shall inform the driver of hiaer
<br />right to request a retest of the same specimen at a different DHHS-approved
<br />laboratory. Such request must be made by the driver within seventy-two (72)
<br />hours of file driver having been informed of a verified positive lest result,
<br />unless The driver presents inrornialhon to the MRO documenting that serious
<br />illness, injury, inability to coolact The MRO, lack o€actual knowledge orthe
<br />verified positive lest, or other circumstances unavoidably prevented die
<br />employee from contacting the MRO within 72 hours_ If the MRO concludes
<br />that there is a legitimate explanation fur the employee's failure to contact the
<br />MRO within 72 hours, the MRO shall direct that the reanalysis of the
<br />specimen be performed,
<br />T An employer, =der independent authority, will require that the cost of a retest
<br />Shall be Loma by the driver, and will be deducted from the driver's subsequent
<br />paycheck.
<br />S, If, after making 3 attempts in a 24-hour period, [lie MRO is not able to contact
<br />a drivcr, the MRO shall repair to the umploy'rr's DER that all reasonable
<br />efforts have been made to contact the driver, % illhoul success- The DER shall
<br />then, as soon as practicable, ask the driver to contact the MRO within the net
<br />72 hours, and shall apprise the MRO that the driver has been so notified_
<br />)_ The MRO may verify a test as positive without communicating with the driver
<br />r€
<br />a. The driver expressly declines the opportunity to discuss Ole lest
<br />result; or
<br />b. Thu employer's DER has successfully made and documented a
<br />an identified person as directed by the specific, written consent of Ole driver =0horizing
<br />the release of Ole information.
<br />Vill. CONSEQUENCES OF PROHIBITED CONDUCT
<br />When a DER receives notice of a driver's verified posilivc drug or alcohol Irst result, or
<br />of a verified refusal to W lesled, or of any other violation of FMCSA rules (See Section
<br />VIJBJ, Prohibited Conduct , the driver will be immediately removed from nil FMCSA
<br />safety -sensitive functions (see definition), including driving, and will not be permitted or
<br />required to return to performing safety- sensitive functions until or notes the employee
<br />successfully completes the relum-lo-duty process that is required by FMCSA under this
<br />regulation. This includes a supervisor or manager having actual know ledge (see
<br />definition) [hat a driverhas used alcohol on duly, or a controlled substance on duty,
<br />without authorization.
<br />The employer's DER will provide the driver with the phone number of RCRC's
<br />Employee Assistance Program, who will in turn direct the driver to qualified SAPS,
<br />Under independent authority, each employer will accept eyalu lions conducted only by
<br />EAP-recommended SAPs. Additionally, DOT regulations do not Permit an employee to
<br />obtain a second SAP's evaluation, trialemployeo does obtain a second SAP's opinion,
<br />DOT regulations do not permit an employer to acknowledge lint second opinion.
<br />if an npplicanl intends to reapply to an employer, or to another transportation industry
<br />employer, lidshe must first successfully complete a SAP osessmenl and
<br />recommendalion.
<br />A driver who refuses to submit to testing will, under each employer's independent
<br />authority, be lenninated from employment, and Hill W provided with names, addresses
<br />and phone number of qualified SAPS and of available Ireatmem resources.
<br />DOT rules and regulations do not permit an employer to consider a driver For return to
<br />safe( y-waiilive Functions until the 4Hm er has been evaluatedqua by a qualified SAP, and has
<br />corhrplicd with the SAP's wcomniendalion(s) for rehabilitation andlor education.
<br />If and when possible, an employer may reassign a driver to non -safely -sensitive functions
<br />while helsle is following me SAP's rocommcaded program of assistance and/or
<br />education. However, due to the safety -sensitive nature of most of Ihejolis in this
<br />industry, no employer con guarantee that these accommodations can or will be made.
<br />For employers with more than 50 employees, a driver who is following a SAP's
<br />reconmtendalim urtreatmenl play access beneflls under Family and Medical Leave Act
<br />(FLMA), provided holshe is eligible for such benefits. Under separate authority,
<br />employers may permit a driver who has been removed from safety -sensitive functions
<br />under these regulations to request to receive gamed lime olf and/or vacation time benefils
<br />during the assessment and/or treatment phase.
<br />Upon receiving a SAP's report ofcompliancc with recommendations, each employer will
<br />arrange for the driver to take a Retur-to-Duly test In order for the employee to relum to
<br />safety -sensitive ftmclions, this Retum-to-Duty test must have n negative lest result,
<br />Under independent authority, each employer SNIT require that any costs incurred In regard
<br />to services provided by a SAP, or of treatment and/or education recommended by the
<br />contact nillr the driver and instmcled the driver to contact the
<br />MRO and more their 72 hours have passed since the time the
<br />employee was successfully contacted by the DER; or
<br />C. Neither the MRO nor the DER, after making all reasonable efforls,
<br />has been able to contact the employee within Ili doys of lire dale
<br />on which the MRO receives the confirmed positive test result from
<br />Ole laboratory.
<br />Ili. If a test is verified positive under the cilcumnslwces specified in 4In above,
<br />the driver may, within fill days, present to the MRO information documealtag
<br />that serous illness, injury or artier envumslances unavoidably prevented the
<br />driver from being contacted by the MRO orhisntor employer's DER, or from
<br />contacting die hIRO, as applicable, within lie limes provided. Tile MRO, on
<br />the basis ofsuch information, inky reopen the verification, allowing the driver
<br />to present information concerning a legitimate explanation for the confirmed
<br />posilive lest. If the MRO concludes that there is a legitimate explanation, llte
<br />MRO will declare the tell to be negative.
<br />11. When a required drug lest (pre-employmem, relum-lo-duly, or follow-up) is
<br />canceled, the employee will be required to immediately take mother test, with
<br />minimum advance notice,
<br />12. Results of additional tests that are arranged by an employee, or requesled by a
<br />medical practitioner, will not be Considered. Timis includes tolingo€blood
<br />samples, ho€rsamples, DNA, or any other testing mclltods or protocols_
<br />13. When a ding lest is reported as positive dilute (or negative dilute), the test
<br />result will he considered to be positive (or negative), respectively,
<br />14. If, in the MRO's opinion, the employee provides information that medically
<br />disqualifies the employee from providing safety -sensitive functions, or that
<br />causes the MRO to have concern about the employee's ability to sorely
<br />perform his/her safety-sensilive duties, die MRO is required to give that
<br />infornmlion to an employer's DER. After verifying the lest results, die hIRO
<br />shall report the test results in a confidential loaner to the employer's DER.
<br />15. Verified test results will be rcpor€ed by an MRO as either positive, negative,
<br />invalid, refused, or canceled_
<br />VII, TEST RECORDS
<br />Records pertaining to the alcohol and controlled substances testing program shall be
<br />maintained in secured aad locked confidential files in the office ofeach employer's DER.
<br />Access to these records shall be limited 10 each employer's management officials on a
<br />need -to -know basis,
<br />Records mid report data shall be maintained as specified In U.S. DOT's rules and
<br />regulations.
<br />Except as required by law or expressly authorized or required by FMCSA's lulus and
<br />regulations, driver testing information maintained under the alcohol and controlled
<br />substances lesling program will be released only Sp the driver (on written request), or to
<br />SAP, which are not covered by a driver's insurance plan or by BCRC's Employ"
<br />Assislmlce Program, will be Ole responsibility of the driver.
<br />When a SAP requires a driver to participate in a program of aherrare, the driver's
<br />compliance with that requirement will he monitored by the EAP or the SAP. Under
<br />independent nuthority, any costs related to this monitoring will be the responsibility of
<br />the driver. The aftercare requirement will be included in a Relum4o-Duly Agreement,
<br />which most be signed by the driver. Failure to sign such agreement, or failure to adhere
<br />to terms teu of a signed agreement, will result in termination of employment.
<br />IX, BDUCATEON ANDTRA[N1NG
<br />Any employee who has questions or concerns regarding this policy may seek chvificalion
<br />and further details from hiOher employer's DER.
<br />EN PLOVFE ASSISTANCE PROGRAM (EAP)
<br />BCRC provides a comprehensive Employee Assistance Program (EAP) for employees of
<br />all contractor participants in the association. our EAP is accessible by a toll -free phone
<br />number. Employees are encouraged to access lire EAP for consultation and assistance
<br />regarding non -work -related problems that are or could potentially affect their ability to
<br />perform theirjobs satisfactorily or safely, including problems nillt alcohol misuse or the
<br />use of controlled substances,
<br />Educational materials, including a copy of this policy, and infomlation concerning Ole
<br />eRecls ofalcahol and courrol€ed substances use on ran individual's Ihealtt, work and
<br />personal life, signs and symptoms of an alcohol or controlled substances problem (the
<br />employee cnworkcr's) mid availablo nhelbuds for Pntervcning whorl all alcohol or
<br />controlled substances problem is suspected, will be provided to well employee.
<br />Additional materials may be requested and answers to questions about the materials may
<br />be obtained by coal acting his/her employer's DER.
<br />Attendance at training programs will be mandator, for supervisors and other employees
<br />im oh ed in administering die drug/olcohpl testing pmgmnL
<br />Supervisors who are designated to determine whethor or not reasonable suspicion ecisls
<br />and who then order a DOT FMCSA-covered employee to undergo testing =der FMCSA
<br />rules and regulations, will receive al least bit adnules of training on recognizing alcohol
<br />misuse, and at least 60 minutes orloming on recpymi Jng controlled substances use The
<br />training shall cover the physical, behavioral, speech, and performance indicators of
<br />probable alcohol nvsuse and use ofcontrolied substances,
<br />All supervisors wino participate in training will be given a certificate of completion of
<br />such training, The original certificate will be kept in Company records, and a copy will
<br />be provided to each supervisor forhislher own records, when requested,
<br />DRUG -FREE WORKPLACE EDUCATION
<br />BCRC employers are committed to a Drug -Free Awareness program For all employees_
<br />Each employer will use that program in an ongoing educational effort to prevent and
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