Table of Contents
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Purpose of Policy ...................................................3
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Covered Employees ...............................................3
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Prohibited Behavior ...............................................4
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Consequences for Violations ................................4
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Circumstances for Testing ....................................5
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Testing Procedures ................................................7
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Test Refusals ..........................................................8
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Voluntary Self-Referral ..........................................9
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Prescription Drug Use ...........................................9
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Contact Person ......................................................9
Attachment A: Covered Positions ...............................10
1. Purpose of Policy
This policy complies with 49 CFR Part 655, as amended and 49 CFR Part 40, as amended. Copies of Parts 655 and 40 are available in the drug and alcohol program manager's office and can be found on the internet at the Federal Transit Administration (FTA) Drug and Alcohol Program website https://transit-safety.fta.dot.gov/DrugAndAlcohol/.
All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with 49 CFR Part 655.
Portions of this policy are not FTA-mandated but reflect FORWARD TRUCKING, LLC's policy. These additional provisions are identified by bold text.
In addition, DOT has published 49 CFR Part 32, implementing the Drug-Free Workplace Act of 1988, which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses to the FTA.
The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the covered workplace An employee who is convicted of any criminal drug statute for a violation occurring in the workplace shall notify [Management] no later than five days after such conviction.
2. Covered Employees
This policy applies to every person, including an applicant or transferee, who performs or will perform a"safety-sensitive function" as defined in Part 655, section 655.4.
You are a covered employee if you perform any of the following:
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Operating a revenue service vehicle, in or out of revenue service
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Operating a non-revenue vehicle requiring a commercial driver's license
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Controlling movement or dispatch of a revenue service vehicle
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Maintaining (including repairs, overhaul, and rebuilding) of a revenue service vehicle or equipment used in revenue service
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Carrying a firearm for security purposes
See Attachment A for a list of covered positions by job title.
3. Prohibited Behavior
Use of illegal drugs is prohibited at all times. All covered employees are prohibited from reporting for duty or remaining on duty any time there is a quantifiable presence of a prohibited drug in the body above the minimum thresholds defined in Part 40. Prohibited drugs include:
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marijuana
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cocaine
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phencyclidine(PCP)
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opioids
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amphetamines
All covered employees are prohibited from performing or continuing to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
All covered employees are prohibited from consuming alcohol while performing safety-sensitive job functions or while on-call to perform safety-sensitive job functions. If an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. If the on-call employee claims the ability to perform his or her safety-sensitive function, he or she must take an alcohol test with a result of less than 0.02 prior to performance.
All covered employees are prohibited from consuming alcohol within four (4) hours prior to the performance of safety-sensitive job functions.
All covered employees are prohibited from consuming alcohol for eight (8)hours following involvement in an accident or until he or she submits to the post-accident drug and alcohol test,k whichever occurs first.
4. Consequences for Violations
Following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the employee will be immediately removed from safety-sensitive duty and referred to a Substance Abuse Professional.
Following a BAC of 0.02 or greater, but less than .0.04, the employee will be immediately removed from safety-sensitive duties for at least eight hours unless retest results in the employee's alcohol concentration being less than 0.02.
Zero Tolerance
Per FORWARD TRUCKING, LLC policy, any employee who tests positive for drugs or alcohol (BAC at or above 0.04) or refuses to test will be referred to a Substance Abuse Professional (SAP) and terminated from employment.
5. Circumstances for Testing
Pre-Employment Testing
Pre-employment alcohol tests are conducted after making a contingent offer of employment or transfer. All pre-employment alcohol tests will be conducted using the procedures set forth in 49 CFR Part 40. An alcohol test result of less than 0.02 is required before an employee can first perform safety-sensitive functions, If a pre-employment alcohol test is canceled, the individual will be required to undergo another test with a result of less than 0.02.before performing safety-sensitive functions.
A negative pre-employment drug test result is required before an employee can first perform safety-sensitive functions. If a pre-employment test is canceled, the individual will be required to undergo another test and successfully pass with a verified negative result before performing safety-sensitive functions.
If a covered employee has not performed a safety-sensitive function for 90 or more consecutive calendar days and has not been in the random testing pool during that time, the employee must take and pass a pre-employment test before he or she can return to a safety-sensitive function.
A covered employee or applicant who has previously failed or refused a DOT pre-employment drug and/or alcohol test provides proof of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements.
Reasonable Suspicion Testing
All covered employees shall be subject to a drug and/or alcohol test when FORWARD TRUCKING, LLC has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse, A reasonable suspicion referral for testing will be made by a trained supervisor or other trained company official on the basis of specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee.
Covered employees may be subject to reasonable suspicion drug testing at any time while on duty. Covered employees may be subject to reasonable suspicion alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions.
Post-Accident Testing
Covered employees shall be subject to post-accident drug and alcohol testing under the following circumstances:
Fatal Accidents
As soon as practicable following an accident involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee operating the public transportation vehicle at the time of the accident. In addition, any other covered employee whose performance could have contributed to the accident, as determined by FORWARD TRUCKING, LLC using the best information available at the time of the decision, will be tested.
Non-fatal Accidents
As soon as practicable following an accident not involving the loss of a human life, drug and alcohol tests will be conducted on each covered employee operating the public transportation vehicle at the time of the accident if at least one of the following conditions is met:
(1) The accident results in injuries requiring immediate medical treatment away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident
(2) One or more vehicles incurs disabling damage and must be towed away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident
In addition, any other covered employee whose performance could have contributed to the accident, as determined by FORWARD TRUCKING, LLC using the best information available at the time of the decision, will be tested.
A covered employee subject to post-accident testing must remain readily available, or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
Random Testing
Random drug and alcohol tests are unannounced and unpredictable, and the dates for administering random tests are spread reasonably throughout the calendar year. Random testing will be conducted at all times of the day when safety-sensitive functions are performed.
Testing rates will meet or exceed the minimum annual percentage rate set each year by the FTA administrator. The current year testing rates can be viewed online at www.transportation.gov/odepc/random-testing-rates.
The selection of employees for random drug and alcohol testing will be made by a scientifically valid method, such as a random drug and alcohol testing will be made by a scientifically valid method, such as a random number table or a computer-based random number generator. Under the selection process used, each covered employee will have an equal chance of being tested each time selections are made.
A covered employee may only be randomly tested for alcohol misuse while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty.
Each covered employee who is notified of selection for random drug or random alcohol testing must immediately proceed to the designated testing site.
Random Testing - End of Shift
Random testing may occur anytime an employee is on duty so long as the employee is notified prior to the end of the shift. Employees who provide advance, verifiable notice of scheduled medical or child care commitments will be random drug tested no later than three hours before the end of their shift and random alcohol tested no later than 30 minutes before the end of their shift. Verifiable documentation of a previously scheduled medical or child care commitment, for the period immediately following an employee's shift, must be provided at least 8 hours before the end of the shift.
6. Testing procedures
All FTA and alcohol testing will be conducted in accordance with 49 CFR Part 40, as amended.
Dilute Urine Specimen
If there is a negative dilute test result, FORWARD TRUCKING, LLC will accept the test result and there will be no retest, unless the creatinine concentration of a negative dilute specimen was greater than or equal to 2 mg/dL, but less than or equal to 5 mg/dL.
Dilute negative results with a creatinine level greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL require an immediate recollection under direct observation (see 49 CFR Part 40, section 40.67).
Split Specimen Test
In the event of a verified positive test result, or a verified adulterated or substituted result, the employee can request that the split specimen be tested at a second laboratory. FORWARD TRUCKING, LLC guarantees that the split specimen test will be conducted in a timely fashion.
7. Test Refusals
As a covered employee, you have refused to test if you:
(1) Fail to any test (except a pre-employment test) within a reasonable time, as determined by FORWARD TRUCKING, LLC.
(1) Fail to remain at the testing site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test.
(3) Fail to attempt to provide a breath or urine specimen. An employee who does not provide a urine or breath specimen because he or she has left the testing site before the testing process commenced for a pre-employment test has not refused to test.
(4) In the case of a directly observed or monitored urine drug collection, fail to permit monitoring or observation of your provision of a specimen.
(5) Fair to provide a sufficient quantity of urine or breath without a valid medical explanation.
(6) Fail or decline to take a second test as directed by the collector or FORWARD TRUCKING, LLC for drug testing.
(7) Fail to undergo a medical evaluation as required by the MRO or FORWARD TRUCKING, LLC's Designated Employer Representative (DER).
(8) Fail to cooperate with any part of the testing process.
(9) Fail to follow an observer's instructions to raise and lower clothing and turn around during a directly-observed test.
(10) Possess or wear a prosthetic or other device used to tamper with the collection process.
(11) Admit to the adulteration or substitution of a specimen to the collector or MRO.
(12) Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF)
(13) Fail to remain readily available following an accident.
As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.
As a covered employee, if you refuse to take a drug and/or alcohol test, you incur the same consequences as testing positive and will be immediately removed from performing safety-sensitive functions, and referred to a SAP.
8. Voluntary Self-Referral
Any employee who has a drug and/or alcohol abuse problem and has not been selected for reasonable suspicion, random or post-accident testing or has not refused a drug or alcohol test may voluntarily refer her or himself to the [Management], who will refer the individual to a substance abuse counselor for evaluation and treatment.
The substance abuse counselor will evaluate the employee and make a specific recommendation regarding the appropriate treatment. Employees are encouraged to voluntarily seek professional substance abuse assistance before any substance use or dependence affects job performance.
Any safety-sensitive employee who admits to a drug and/or alcohol problem will immediately be removed from his/her safety-sensitive function and will not be allowed to perform such function until successful completion of a prescribed rehabilitation program.
9. Prescription Drug Use
The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to [Management]. Medical advice should be sought, as appropriate, while taking such medication and before performing safety-sensitive duties.
10. Contact Person
For questions about FORWARD TRUCKING, LLC's anti-drug and alcohol misuse program, contact
Mary Rylander
Forward Trucking
PO Box 62512
Houston, TX 77205
(281784-2694)