The following document is provided to every company employee and contract employee subject to testing as mandated by the US department of transportation (DOT). A copy of the anti-drug & alcohol misuse prevention plans, which contains the procedures for implementing the company’s drug and alcohol testing program, will be distributed to each covered employee prior to the start of testing and to each person subsequently hired for or transferred to a DOT regulated position. Written notice of the availability of this information will be provided to representatives of employee organizations.
A. Statement of policy
Every covered employee of the company or contractor is required to refrain from the use of illegal drugs on and off duty and the misuse of alcohol. Any covered employee/applicant of the company or contractor, who is subject to testing under DOT regulations, whose drug test is positive or has an alcohol level of 0.02 bac or greater, may not be used to perform safety-sensitive functions. Every applicant whom the company or its contractor intends to hire, or use shall be required to pass a drug test as a pre-qualification condition of employment.
The document sets forth the minimum requirements that must be included in the company’s drug and alcohol plans under federal regulations. The company reserves the right to implement more stringent requirements to the extent permitted by law.
B. Substances for which employees will be tested
The company will test for the following drugs: marijuana (THC), cocaine, amphetamines (amphetamines (Amphetamine, Methamphetamine, MDMA and MDA), opiates (Codeine, Morphine, 6-AM Heroin, Hydrocodone, Hydromorphone, Oxycodone, Oxymorphone), and phencyclidine (PCP).
The company will also test for alcohol. The company will promptly comply with DOT mandatory drug and alcohol testing regulations and implement all aspects of the regulations. The company has contracted with SunCoast Trucking Compliance, Inc., an alcohol and drug testing third party administrator (TPA), as authorized under federal regulations. The company’s program will adhere meticulously to the scientific and technical procedures developed by DOT to ensure the accuracy and confidentiality of test results.
C. Refusal to test or failed a drug/alcohol test
As a DOT covered employee, you have refused to take a drug/alcohol test or failed a drug/alcohol test if you:
1. Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes your failure as an owner-operator to appear for a test when called by C/TPA (see
2. Fail to remain at the testing site until the testing process is complete; provided, that if you leave the testing site before the testing process commences (see §40.63(c)) for a pre-employment test you have not deemed as a refusal to test;
3. Fail to provide a urine specimen for any drug test required by this part or DOT agency regulations; provided, that if you do not provide a urine specimen because you left the testing site before the testing process commences (see §40.63(c)) for a pre-employment test it is not deemed as a refusal to test;
4. In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or monitoring the provision of a specimen (see §40.67(l) and 40.69(g));
5. Fail to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure (see §40.193(d)(2));
6. Fail or decline to take a second test the employer or collector has directed you to take;
7. Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under §40.193(d). In the case of a pre-employment drug test, you are deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment;
8. Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process);
9. Have an MRO confirmed positive drug test result or an alcohol test result of 0.04 or greater; and/or
10. Have an MRO reported verified adulterated or substituted test result.
D. Consequence of a refusal to test or failed a drug/alcohol test (49 CFR part 40 Subpart I & Subpart N).
I understand that if I refuse to take a DOT drug and/or alcohol test or fail a DOT drug and/or alcohol test and violate the substance abuse policy the following disciplinary action will be taken:
As an applicant I may be ineligible for employment and as an employee my employment may be terminated.
I, the undersigned employee hereby certifies that I have been furnished with a copy of “Federal Motor Carrier Safety Administration Mandated Anti-Drug Plan and Alcohol Misuse Policy”, including its employee assistance program, and that I have read and understand same. I further certify that I have been provided with informational material, education and training on the dangers and problems of drug use and/or alcohol misuse.
I am fully aware and agree that I will be discharged for any violation by me of said DOT drug and alcohol policy, for any failure or refusal to provide urine and/or breath specimens when requested by my employer, for the failure or refusal to identify and certify same, for the failure to cooperate with the proper completion of forms and other documents, and/or for any other drug and alcohol testing program requirements.