CDL Fleet Drug Alcohol Policy

Transcription

1 (INSERT YOUR MUNICIPALITY/AUTHORITY HERE) CDL Fleet Drug Alchl Plicy This dcument is intended fr general infrmatin purpses nly. It shuld nt be cnstrued as legal advice r legal pinin regarding any specific r factual situatin. Always fllw yur rganizatin s plicies and prcedures as presented by yur manager r supervisr. Fr further infrmatin regarding this dcument, cntact yur Safety Directr at

2 Table f Cntents Intrductin... 3 Plicy Statement... 3 Definitins... 4 Accident... 4 Breath Alchl Technician (BAT)... 4 Cmmercial Driver s License (CDL)... 4 Cnfirmatin Test... 4 Designated Emplyer Representative (DER)... 4 Evidential Breath Testing device (EBT)... 4 Medical Review Officer (MRO)... 5 Screening test... 5 Substance Abuse Prfessinal (SAP)... 5 Types f Tests... 5 Pre-Emplyment 5 Pst Accident 5 Reasnable Suspicin 6 Randm 6 Return t Duty and Fllw-up 6 Cnducting Tests... 7 Refusal t Submit t an Alchl r Drug Test and the Cnsequences... 7 Cnsequences f Alchl/Drug Misuse... 8 Recrdkeeping... 9 Pre-emplyment References... 9 Emplyee Cnfirmatin f Receipt f the Drug and Alchl Plicy Page 2

3 Intrductin This plicy utlines the respnsibilities f emplyees, supervisrs and managers with regard t drug and alchl testing f emplyees in Cmmercial Drivers License (CDL) psitins in accrdance with U.S. Department f Transprtatin regulatins, issued under the Omnibus Transprtatin Emplyee Testing Act f 1991, which was adpted by New Jersey under prvisins f the N.J.S.A. 39:5B-32 and N.J.A.C. 13: Plicy Statement It is the plicy f the (INSERT YOUR MUNICIPALITY/AUTHORITY HERE) t cmply fully with the regulatins mandating pre-emplyment, randm, reasnable suspicin, pst-accident, return-t-duty & fllwup drug and alchl testing in accrdance with regulatins issued by the U.S. Department f Transprtatin. This plicy applies t emplyees whse jb requires them t btain and retain a Cmmercial Drivers License (CDL) and perate a Cmmercial Mtr Vehicle (CMV). Psitins and emplyees cvered by this Plicy shall be referred t herein as CDL psitins and CDL emplyees respectively. This plicy cntains the requirements f the regulatins, except where indicated that a particular prvisin is based n the (INSERT YOUR MUNICIPALITY/AUTHORITY HERE), as fllws: The perfrmance f safety-sensitive functins is prhibited by CDL emplyees: having a breath alchl cncentratin f percent r greater as indicated by an alchl breath test; using alchl r within fur hurs after using alchl; and in the pssessin f any medicatin cntaining alchl unless the package seal is unbrken. using cntrlled substances prhibited by this Plicy and regulatins issued by the U.S. Department f Transprtatin. A CDL emplyee is perfrming a safety-sensitive functin at the fllwing times: All time n (INSERT YOUR MUNICIPALITY/AUTHORITY HERE) prperty, public prperty, r ther prperty waiting t be dispatched t drive, All time inspecting, servicing r cnditining any CMV at any time, All CMV driving time, All time ther than driving time in r upn any CMV, All time lading r unlading a vehicle, supervising r assisting in the lading r unlading, attending a vehicle being laded r unladed, remaining in readiness t perate the vehicle, r in giving receipts fr shipments laded r unladed, All time spent perfrming driver requirements relating t accidents, and All time repairing, btaining assistance, r remaining in attendance upn a disabled vehicle. Page 3

4 Definitins Accident: An accident is defined as an incident invlving a cmmercial mtr vehicle in which there is either a fatality, an injury treated away frm the scene, r a vehicle being required t be twed frm the scene. Breath Alchl Technician (BAT): A persn wh instructs and assists individuals in the alchl testing prcess and perates an evidential breath testing device (EBT). Cmmercial Driver s License (CDL): A special license required f drivers wh drive Cmmercial Mtr Vehicles which meets the fllwing criteria: Meets r exceeds 26,001 lbs. grss vehicle weight; r Transprts 16 r mre passengers, including the driver; r Transprts hazardus materials as determined by the Hazardus Materials Act, 49 USC 5101, and are required t placard the vehicle under the Hazardus Materials Regulatins, 49 CFR chapter I, subchapter C. Cmmercial Mtr Vehicle (CMV): Any self-prpelled r twed vehicle used n a highway, any radway r passage which may be available t public transprtatin at any time, whether n private r public prperty, in interstate r intrastate cmmerce t transprt passengers r prperty when the vehicle: Has a grss vehicle weight rating r grss cmbinatin weight (including trailers) rating f 10,001 lbs. r mre; r Is designed t transprt 16 r mre passengers, including the driver; r Is f any size and is used in the transprtatin f hazardus materials as determined by the Hazardus Materials Transprtatin Act, 49 USC 5101, and which require the mtr vehicle t be placarded under the Hazardus Materials Regulatins, 49 CFR chapter I, subchapter C. Cnfirmatin Test: Fr alchl testing, a secnd test, fllwing a screening test with a result f 0.02 grams r greater f alchl per 210 liters f breath, that prvides quantitative data f alchl cncentratin. Fr cntrlled substances testing, a secnd analytical prcedure t identify the presence f a specific drug r metablite which is independent f the screen test in rder t ensure reliability and accuracy. Designated Emplyer Representative (DER): An emplyee authrized by (INSERT YOUR MUNICIPALITY/AUTHORITY HERE) t take immediate actin(s) t remve emplyees frm safetysensitive duties, r cause emplyees t be remved frm these cvered duties, and t make required decisins in the testing and evaluatin prcesses. Driver: Any persn wh perates a cmmercial mtr vehicle. Fr purpses f pre-emplyment testing, the term driver includes a persn applying t drive a cmmercial mtr vehicle. Evidential Breath Testing device (EBT): A device apprved by the Natinal Highway Traffic Safety Administratin ( NHTSA ) fr the evidential testing f breath at the and alchl cncentratins, Page 4

5 placed n NHTSA s Cnfrming Prducts List f Evidential Breath Measurement Devices ( CPL ), and identified n the CPL as cnfrming with the mdel specificatins available frm NHTSA s Traffic Safety Prgram. Medical Review Officer (MRO): A licensed physician respnsible fr receiving and reviewing certified labratry results generated by the (INSERT YOUR MUNICIPALITY/AUTHORITY HERE) drug testing and fr evaluating medical explanatins fr certain drug test results. Screening test: In alchl testing it means an analytical prcedure t determine whether a driver may have a prhibited cncentratin f alchl in his r her system. In cntrlled substance testing it means an immunassay screen t eliminate negative urine specimens frm further cnsideratin. Substance Abuse Prfessinal (SAP): A persn wh evaluates emplyees wh have vilated a DOT drug and alchl regulatin and makes recmmendatins cncerning evaluatin, treatment, fllw-up testing, and aftercare. Types f Tests: T the extent practicable, all tests will be cnducted during emplyees' nrmally scheduled wrk hurs. All testing required by this plicy will be cnducted in accrdance with the Omnibus Transprtatin Emplyee Testing Act f 1991 and drug testing guidelines and regulatins issued by the Department f Transprtatin. The fllwing tests are required: Pre-emplyment. All applicants fr emplyment in CDL psitins, r candidates fr transfer r prmtin t such psitins are subject t screening fr imprper use f alchl r cntrlled substances. Pst Accident. Cnducted n CDL emplyees after accidents in (INSERT YOUR MUNICIPALITY/AUTHORITY HERE) vehicles that result in fatalities r whse perfrmance culd have cntributed t the accident, as determined by a citatin fr a mving traffic vilatin, which included: 1. Bdily injury t a persn wh, as a result f the injury, immediately receives medical treatment away frm the scene f the accident; and/r; 2. One r mre mtr vehicles incurring disabling damage as a result f the accident, requiring the mtr vehicle t be transprted away frm the scene by a tw truck r ther mtr vehicle. (Nte: These are the minimum pst accident drug and alchl testing requirements in accrdance with U.S. Department f Transprtatin regulatins. This sectin shuld be mdified t meet yur Municipality/Authrity s plicy.) Alchl tests shuld be cnducted as sn as pssible, but in n case mre than 8 hurs, after the accident. CDL emplyees must refrain frm all alchl use until the test is cmplete. Pst-accident drug tests must be cnducted within 32 hurs. Page 5

6 Reasnable Suspicin. Cnducted when a trained supervisr r manager bserves behavir r appearance that is characteristic f alchl r illicit drug misuse. If a CDL emplyee's behavir r appearance suggests alchl r drug misuse, a reasnable suspicin test must be cnducted. If a test cannt be administered, the driver must be remved frm perfrming safety-sensitive duties fr at least 24 hurs. Testing fr alchl abuse must be based upn suspicin which arises just befre, during r just after the time when the emplyee is perfrming safety-sensitive duties. Testing fr substance abuse may ccur at any time upn suspicin. Randm. Cnducted n a randm, unannunced basis just befre, during r after perfrmance f safety-sensitive functins fr alchl r at any time fr drugs. Each year, the number f randm alchl tests cnducted by the (INSERT YOUR MUNICIPALITY/AUTHORITY HERE) must equal at least 10% f all the safety-sensitive CDL emplyees. Randm drug tests cnducted by the (INSERT YOUR MUNICIPALITY/ AUTHORITY HERE) must equal at least 25% f all CDL emplyees. (Nte: The percentage f randm drug and alchl tests required by the U.S. Department f Transprtatin is subject t change and is issued annually. The rates are always effective starting January 1 f the calendar year. T check the current rate, ODAPC s website at This plicy shuld be reviewed annually and updated t reflect the mst current requirements. Be sure t use a scientifically valid methd t select emplyees fr testing.) Return t Duty and Fllw-up. Cnducted when an individual wh has vilated the prhibited alchl r drug standards returns t perfrming safety-sensitive duties. Cnducting Tests Fllw-up tests are unannunced and at least six (6) direct bserved tests must be cnducted in the first twelve (12) mnths after a driver returns t duty. Fllw-up testing may be extended fr up t sixty (60) mnths fllwing the return t duty. Alchl: DOT rules require breath testing using evidential breath testing (EBT) devices. Tw breath tests are required t determine if a persn has a prhibited alchl cncentratin. A screening test is cnducted first. Any result less than alchl cncentratin is cnsidered a "negative" test. If the alchl cncentratin is r greater, a secnd, cnfirmatin test must be cnducted. Drugs: Drug testing is cnducted by analyzing a driver's urine specimen, and must be cnducted thrugh a U.S. Department f Health and Human Services certified facility. Specimen cllectin prcedures and chain f custdy requirements ensure that the specimen's security, prper identificatin and integrity are nt cmprmised. Page 6

7 DOT rules require a split specimen prcedure. Each urine specimen is subdivided int tw bttles labeled as primary and split. Bth bttles are sent t the labratry. Only the primary specimen is pened and used fr the urinalysis. The split specimen remains sealed at the labratry. If the analysis f the primary specimen cnfirms the presence f illegal cntrlled substances, the driver has 72 hurs t make a request t the Medical Review Officer (MRO) that the split specimen be sent t anther DHHS certified labratry fr analysis. All urine specimens are currently analyzed fr the fllwing drugs: Marijuana (THC metablite) Ccaine Amphetamines Opiates (including herin), and Phencyclidine (PCP) MDMA (Ecstasy) Testing is cnducted using a tw-stage prcess. First, a screening test is perfrmed. If the test is psitive fr ne r mre f the drugs, a cnfirmatin test is perfrmed fr each identified drug. All drug tests are reviewed and interpreted by a physician designated as a Medical Review Officer (MRO) befre they are reprted t the (INSERT YOUR MUNICIPALITY/AUTHORITY HERE). If the labratry reprts a psitive result t the MRO, the MRO will cntact the driver and cnduct an interview t determine if there is an alternative medical explanatin fr the drugs fund in the urine specimen. Fr all the drugs listed abve, except PCP, there are sme limited, legitimate medical uses that may explain a psitive test result. The MRO will take int cnsideratin when the use is pursuant t the instructins f a physician wh has advised the driver that the substance des nt adversely affect the driver's ability t safely perate a cmmercial mtr vehicle. If the MRO determines that the drug use is legitimate, the test will be reprted t the Designated Emplyer Representative, as a negative result. The (MUNICIPALITY/AUTHORITY) will nly recgnize drug and alchl testing results that were received frm an authrized lab and reviewed and reprted by the designated Medical Review Officer (MRO). Refusal t Submit t an Alchl r Drug Test and the Cnsequences Refusal t submit t an alchl r cntrlled substances test means that a CDL emplyee: Page 7

8 Fails t prvide adequate breath fr testing withut a valid medical explanatin after he r she has received ntice f the requirement fr breath testing in accrdance with the prvisins f this plicy, Fails t prvide adequate urine fr cntrlled substances testing withut a valid medical explanatin after he r she has received ntice f the requirement fr urine testing in accrdance with the prvisins f this plicy, Refuses t wash his r her hands after being directed t d s during cllectin f a urine sample, Admits t the cllectr f a urine sample that he r she has adulterated r substituted their specimen, An bserved cllectin f a urine sample, fails t fllw the bserver s instructins t raise his r her clthing abve the waist, lwer clthing and underpants, and t turn arund t permit the bserver t determine if he r she has any type f prsthetic r ther device that culd be used t interfere with the cllectin prcess, Pssesses r wears a prsthetic r ther device that culd be used t interfere with the cllectin prcess, r Behaves in a cnfrntatinal way that disrupts the cllectin prcess r therwise engages in cnduct that clearly bstructs the testing prcess. CDL emplyees wh refuse t submit t an alchl r drug test are nt allwed t perfrm safetysensitive functins. Pursuant t the (INSERT YOUR MUNICIPALITY/AUTHORITY HERE) authrity, CDL emplyees wh refuse t submit t a test will be subject t discipline, up t and including discharge. Cnsequences f Alchl/Drug Misuse CDL emplyees wh have any alchl cncentratin, defined as 0.02 r greater, wh are tested just befre, during r just after perfrming safety-sensitive functins must be remved frm perfrming such duties fr a minimum 24 hurs. The remainder f this sectin shuld be mdified t reflect yur Municipality / Authrity plicy Disciplinary actin may be impsed upn an emplyee whse alchl test reveals any alchl cncentratin, between 0.02 and CDL emplyees wh engage in prhibited alchl r drug cnduct, CDL emplyees wh test psitive fr alchl use greater than 0.04 r drug use, must be immediately remved frm safety-sensitive functins and cmplete return t duty prtcls befre returning t prir safety-sensitive functins. Disciplinary actin, up t and including terminatin, may be impsed upn a CDL emplyee wh engages in prhibited alchl r drug cnduct, CDL emplyees wh test psitive fr alchl use greater than 0.04 r drug use. Unless the circumstances warrant mre serius discipline, the first time a CDL emplyee tests psitive fr alchl use greater than 0.04 r drug use, he/she shall receive a ne (1) day unpaid suspensin. If a CDL emplyee tests psitive fr alchl use greater than 0.04 r drug use fr a secnd time within a five year perid fllwing his/her first psitive test, he/she will be terminated. Page 8

9 A CDL emplyee in his/her prbatinary perid wh tests psitive fr any alchl cncentratin (defined as 0.04 r greater) r drug use, shall be terminated. A CDL emplyee wh tests psitive fr alchl use greater than 0.04 r drug use, but is nt terminated must be evaluated by a substance abuse prfessinal and cmply with any treatment recmmendatins t assist them with his/her alchl r drug prblem. The payment fr any recmmended treatment will be strictly at the expense f the emplyee (r his/her health insurance prgram, if applicable). Emplyees may be placed n sick leave r leave withut pay status during the treatment perid, whichever is apprpriate. CDL emplyees wh have been evaluated by a substance abuse prfessinal, wh cmply with any recmmended treatment, wh have taken a return t duty test with a result less than 0.04, and wh are then subject t unannunced fllw-up tests, may return t wrk. Once an emplyee successfully cmpletes rehabilitatin, he/she shall be returned t his/her regular duty assignment r an equivalent psitin. Emplyee assignments during treatment shall be based n each individual's circumstances. As a cnditin f emplyment, the emplyee must cmply with prescribed fllw-up care. Recrdkeeping The (INSERT YOUR MUNICIPALITY/AUTHORITY HERE) is required t keep detailed recrds f its alchl and drug misuse preventin prgram. Alchl and drug testing recrds are cnfidential. Test results and ther cnfidential infrmatin may nly be released t the emplyer, the substance abuse prfessinal, the MRO, and any arbitratr f a grievance filed in accrdance with any applicable cllective bargaining agreement. Any ther release f this infrmatin may nly be made with the driver's cnsent, r in respnse t a curt rder. Pre-emplyment References The (INSERT YOUR MUNICIPALITY/AUTHORITY HERE) is required btain and review the fllwing infrmatin frm each emplyer that the prspective driver wrked fr, in a safety-sensitive psitin, during the previus tw years: Infrmatin abut a test in which the emplyee's bld alchl was 0.04 r greater, Infrmatin abut a psitive drug test, and Infrmatin abut any refusal t participate in the alchl and drug testing prgram. The prspective emplyee must prvide the frmer emplyer with a written release allwing the release f this infrmatin r he/she will nt be hired. If the previus emplyer indicates that a psitive result was received, r that the emplyee refused t participate when selected fr an alchl r drug test, the applicant may nt be hired unless: He/she has already cnsulted with a substance abuse prfessinal, Already received recmmended treatment, and Page 9

10 Subsequently tested negative in a return t duty test fr the frmer emplyer. The (MUNICIPALITY/AUTHORITY) must prvide the same infrmatin t subsequent emplyers f current emplyees when prvided with a written release. Page 10

11 Emplyee Cnfirmatin f Receipt f the (INSERT YOUR MUNICIPALITY/AUTHORITY HERE) Drug and Alchl Testing Plicy I hereby certify that I was given a cpy f the (INSERT YOUR MUNICIPALITY/AUTHORITY HERE) CDL Drug and Alchl Testing Plicy, and have been given an pprtunity t ask questins f my supervisr abut the cntent f the plicy. Emplyee s Name Emplyee s Signature Date Page 11