I. POLICY
It is the Policy of Atlas Freight Inc. (hereinafter the Company) that the use, sale, purchase, transfer, possession, or presence in one’s system of any prohibited drug or other substances (except medications prescribed by one’s physician and taken pursuant to the prescription), including alcohol, by any employee while on the Company’s premises, engaged in the Company’s business, operating the Company’s equipment, or while operating under the authority of the Company, is strictly prohibited.
All employees subject to the rules and regulations of the U.S Department of Transportation (USDOT) must be drug and alcohol-free, and be and remain in full compliance with all USDOT drug and alcohol testing regulations.
All persons subject to USDOT drug and alcohol testing regulations are required to read this Policy and acknowledge, by their signature, that they have read and understand the Policy, and to confirm to all requirements set forth in the Policy.
II. EMPLOYEES SUBJECT TO THE POLICY
All Covered Employees as defined in paragraph IIIA below must be and remain in full compliance with this Policy.
III. Definitions
A. Covered Employee(s) – All employees who, under the operating authority of the Company, drive commercial motor vehicles requiring a CDL license and /or designed to transport 16 or more passengers.
B. Safety Sensitive Functions – All Covered Employees are deemed to be performing safety-sensitive functions as follows:
1. All time at the Company or customer waiting to be dispatched, unless the covered person has been relieved from duty by the Company.
2. All time inspecting equipment as required by the Federal Carrier Safety Regulations (FMCSRs) or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time.
3. All time spent at the driving controls of a commercial motor vehicle.
4. All time, other than driving time, spent on or in a commercial motor vehicle.
5. All time loading or unloading passengers, supervising, or assisting in the loading or unloading of passengers, attending to a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or giving and receiving receipts for transportation.
6. All time spent performing the requirements associated with an accident.
7. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
C. On Duty - All Covered Employees are considered to be on –duty when they are performing safety-sensitive functions as defined above.
D. Refusing to Submit – A Covered Employee is deemed to have refused to submit to an alcohol or drug test when that person:
1. Fails to provide an adequate sample of breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement to submit to breath testing.
2. Fails to provide an adequate urine sample for drug testing without a valid medical explanation after he or she has received notice of the requirement to submit to urine testing.
3. Engages in conduct that clearly obstructs the testing process.
4. Fails to properly notify the Company of their involvement in a commercial motor vehicle accident meeting the criteria for a post-accident alcohol and drug test.
E. Substance Abuse Professional – A licensed physician ( medical doctor or doctor of osteopathy) or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor( certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of or clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.
IV. PROHIBITED CONDUCT
A. Alcohol Use and Testing
1. Covered Employees are prohibited from consuming any alcoholic beverage or other product containing alcohol within 4 hours of reporting for duty or performing safety-sensitive functions.
2. Covered Employees are prohibited from reporting for duty or remaining on duty with an alcohol concentration of .02 BAC or greater.
3. Covered Employees are prohibited from refusing to submit to alcohol testing when requested by the Company and/or required to by the regulations of the U.S. Department of Transportation.
B. Drug Use and Testing
1. Covered Employees are prohibited from illegally consuming or using any drug at any time.
2. Covered Employees are prohibited from refusing to submit to drug testing when requested by the Company and /or required to by regulations of the U.S. Department of Transportation.
V. WHEN COVERED EMPLOYEES WILL BE SUBJECT TO ALCOHOL AND /OR DRUG TESTING
A. Pre-Employment Drug Testing
1. All offers of employment for positions that require the possession of a valid Commercial Driver’s License (CDL) are contingent upon the following:
a. Submitting to and passing a pre-employment drug test.
b. Executing consent for Release of Alcohol and Drug Test Results (Appendix “A”).
c. Completion of a background check of previous employers that reveals no history of failing USDOT required alcohol or drug test- unless the applicant is able to produce proof satisfactory to the Company that the applicant has fully complied with all of the return to duty requirements of 49CFR Part 382 and is otherwise qualified.
2. Failure to comply with one or more of the above-listed contingencies shall result in the withdrawal of any offer of employment.
B. Random Alcohol and Drug Testing - All Covered Employees shall submit to alcohol and drug testing when randomly selected to do so.
1. All Covered Employees currently employed by the Company will be placed in the random selection pool. Covered Employees will be selected for testing in a manner that ensures that each Covered Employee has an equal opportunity to be selected for a random test. The Company will randomly select Covered Employees for random testing once every three months (quarterly). Because Covered Employees who have been selected return to the random testing pool for the next selection, it is possible that some Covered Employees will be selected more than once. The Company will select a sufficient number of Covered Employees each quarter to ensure that the number of random drugs conducted each year equals or exceeds fifty (50) percent of the number of driver positions and that the number of random alcohol tests conducted each year equals or exceeds ten (10) percent of the number of driver positions.
2. A Covered Employee, upon notification that they have been randomly selected to submit to testing, shall immediately proceed to the location designated by the Company for the testing.
3. I a Covered Employee is randomly selected to submit to an alcohol test, the Company will notify the Covered Employee either just before the Covered Employee is to perform a safety-sensitive function, while the Covered Employee is performing a safety-sensitive function, or just after the Covered Employee has performed a safety-sensitive function.
C. Post-Accident Drug and Alcohol Testing
1. A Covered Employee is required to submit to a post-accident alcohol and drug test if they are involved in a Commercial Motor Vehicle Accident that meets any one of the following criteria:
a. Someone is killed.
b. Someone is injured such that medical treatment is required away from the scene of the accident, and the Covered Employee receives a moving traffic citation or ticket arising from the accident.
c. One of the vehicles involved in the accidents is towed from the scene because of disabling damage, and the Covered Employee receives a moving traffic citation or ticket arising from the accident.
2. A covered Employee shall notify the Company that they have been involved in an accident meeting one of the above-listed criteria as soon as practically possible.
3. The Company shall provide the Covered Employee with all necessary post-accident information, procedures, and instructions so that the Covered Employee can comply with all post-accident testing requirements. The Covered Employee shall remain available so that the Company is able to convey all required information and instructions to the Covered Employee.
4. Upon receipt of post–accident testing procedures and instructions from the Company, the Covered Employee shall promptly comply with the testing procedures and instructions provided.
5. Covered Employees subjected to post-accident alcohol and drug testing shall not consume any alcohol for 8 hours following the accident or until he or she submits to a post-accident alcohol test.
6. In addition to that stated above in paragraph III.D, the following shall also be deemed a refusal to submit to post-accident alcohol and/or drug testing:
a. Failing to inform the Company as soon as practically possible that the Covered Employee was involved in an accident that meets one or more of the criteria listed above in paragraphs. V.C.1 (ac).
b. Failing to remain available so that the Company is able to convey the required procedures and instructions.
c. Failing to comply with the Company’s instructions regarding the testing procedures.
d. Failing to refrain from the consumption of alcohol for 8 hours following the accident or until he or she has submitted to a post-accident alcohol test.
7. If a Covered Employee does not submit to an alcohol test within two hours of the accident, the Company shall document the reason for the delay. If a Covered Employee does not submit to the alcohol test within 8 hours of the accident, the post–accident alcohol test will not be conducted, and the Company shall document the reason(s) why the alcohol test was not performed.
8. If a Covered Employee does not submit to a drug test within 32 hours of the accident, the post–accident drug test will not be conducted and the Company shall document the reason(s) why the drug test was not conducted.
9. Nothing in this policy shall be deemed to justify or authorize delaying necessary medical treatment being provided to any person.
D. Reasonable Cause Alcohol and Drug Testing
1. A covered Employee shall submit to an alcohol test when a duly trained supervisor or other trained supervisor or other trained Company official has reasonable cause to believe that the Covered Employee is under the influence of alcohol. The reasonable cause required before a Covered Employee is required to submit to an alcohol test must be present either just before the Covered Employee is to engage in a safety-sensitive function, while the Covered Employee is engaging in a safety-sensitive function, or just after the Covered Employee has engaged in a safety-sensitive function.
2. A Covered Employee shall submit to a drug test when a duly trained supervisor or other Company official has reasonable cause to believe that the Covered Employee is under the influence of drugs.
3. The reasonable cause required for alcohol or drug testing shall be based on specific, contemporaneous, and articulable observations made by a trained supervisor regarding the Covered Employee’s appearance, behavior, speech, or body odors.
4. If a trained supervisor or other trained Company official has reasonable cause to believe that a Covered Employee is under the influence of alcohol or drugs, the supervisor or Company official shall immediately relieve the Covered Employee from the performance of all safety-sensitive functions and immediately make arrangements for the Covered Employee to submit to the alcohol and/or drug test.
5. If there is reasonable cause to believe that a covered employee is under the influence of alcohol, and the Covered employee does not submit to an alcohol test within 2 hours of the observation, the Company shall document the reason for the delay. If the Covered Employee does not submit to a reasonable cause alcohol test within 8 hours of the observation, the reasonable cause alcohol test will not be conducted, and the Company shall document the reason(s) why the alcohol test was not conducted.
6. If a duly trained supervisor or Company official has reasonable cause to believe that a Covered Employee is under the influence of alcohol or drugs, the supervisor or Company official shall promptly prepare and sign a written record of the observations.
7. The Company shall designate certain supervisors and/or Company officials to receive at least 60 minutes of training on alcohol misuse and 60 minutes of training on drug abuse. The training shall include how to recognize the signs and symptoms of alcohol and drug use. Such duly trained supervisors and Company officials are the only Company officials qualified to make reasonable cause determinations.
IV. PROCEDURES FOR ALCOHOL AND DRUG TESTING – the procedures for conducting all alcohol and drug testing shall be the policies and procedures set forth in 49 C.F.R.Part 40. An amendment or revision to 49 C.F. Part 40. Shall be considered an amendment or revision to this section of the Policy. A current copy
of 49 C.F.R. Part: 40 is available for your review upon contacting John Jansen, Bill Lynch, or Andrew Nugent.
1. Failing a drug test.
2. Refusing to submit to an alcohol test.
3. Refusing to submit to a drug test.
4. Engaging in the illegal sale, transfer, use, or possession of drugs while on duty, on Company property, or in possession of Company property.
B. Immediate Removal from Safety Sensitive Functions and Possible Termination for Cause - Reporting for duty or remaining on duty with an alcohol concentration of 02BAC or greater shall result in immediate removal from the performance of safety-sensitive functions for at least 24 hours and may result in termination for cause or other disciplinary action.
C. Substance Abuse Professional Referral – The Company shall refer any Covered Employee who fails an alcohol or drug test to a Substance Abuse Professional.
D. Return to Duty Testing - At the sole discretion of the Company, a Covered Employee who fails an alcohol or drug test may return to performing safety-sensitive functions only after satisfactory completion of each of the following:
1. Evaluation by a Substance Abuse Professional.
2. Certification by the Substance Abuse Professional that the Covered has satisfactorily completed all rehabilitation, substance abuse counseling, or other treatment or interventions recommended by the Substance Abuse Professional.
3. Submitting to and passing a Return to Work Alcohol or Drug Test.
E. Follow–up Testing – A Covered Employee who is permitted to return to Performing safety sensitive after failing an Alcohol or Drug Test shall be subject to, in addition to the other required alcohol and drug testing, unannounced follow–up testing.
1. The follow-up testing shall be at a frequency determined by the Substance Abuse Professional, but in no case shall be less than six unannounced follow-up tests in the first twelve months after returning to duty.
2. The follow-up testing shall not continue for a period longer than 60 months.
3. Follow-up alcohol testing shall be conducted either just before, during, or just after the Covered Employee has performed a safety-sensitive function.
VIII. THE AVAILABILITY AND DISCLOSURE OF ALCOHOL AND DRUG TEST RESULTS AND OTHER INFORMATION
A. Alcohol and drug test results and other information or documentation relating to alcohol or drug testing conducted pursuant to this policy shall not be disclosed to others except under the following circumstances:
1. The Company receives the signed written consent of the Covered Employee od former Covered Employee authorizing the Company to release the information to a specified third party.
2. The Company is required by statute, regulation, judicial, decision, or other legal authority to release the results or information.
3. A legal action or other claim has been brought against the Company by the Covered Employee or former Covered Employee, or someone acting on behalf of the Covered Employee or former Covered Employee, or his or her estate, and the results or information are deemed by the Company or its attorneys to be necessary for the Company to defend itself in the proceeding.
B. All Covered Employees and Former Covered Employees are entitled to the records or information relating to their alcohol or drug test upon written request to the Company.
IX. Reservation of Rights – The Company reserves the right to amend, change, modify, or rescind this Policy at any time and in any manner it chooses, in its sole discretion, and with or without notice to any affected employee or others. This Policy does not, in any way, create any contractual rights between the Company and its employees or others. This Policy does not, in any way, create any contractual rights between the Company and its employees or others. This Policy supersedes all previous Alcohol and/or Drug Testing policies.
X. SUBSTANCE ABUSE INFORMATION
A. Signs and Symptoms of a Substance Abuse Problem
1. Family or social problems caused by substance abuse.
2. Job or financial difficulties related to substance abuse.
3. Loss of a consistent ability to control substance abuse.
4.” Blackouts” or the inability to remember what happened while drinking.
5. Distressing physical and/or psychological reactions while trying to stop drinking or drug abuse.
6. A need to drink increasing amounts of alcohol or increase drug use to get the desired effect.
7. Marked changes in behavior or personality when drinking or abusing drugs.
8. Getting “drunk” or “high” on alcohol and /or drugs frequently.
9. Injuring yourself – or someone else while intoxicated or abusing drugs.
11. Starting the day with a drink or taking illegal drugs.
B. Effects Of a Substance Abuse Problem on Health, Work, and Personal Life
1. Alcohol is a central nervous system depressant. Taken in large quantities it causes the euphoria associated with “being drunk” and adversely affects your judgment, your ability to think, and your motor functions. Drink alcohol fast enough and it can kill you.
2. Long-term overuse of alcohol can cause liver damage, heart problems, sexual dysfunction, and other serious medical problems.
3. In some cases, alcohol use can lead to physical and psychological dependence on alcohol. Alcoholism is a serious disease. Left untreated it gets worse.
4. Workers who use alcohol and illegal drugs affect everyone. Studies show that compared to alcohol-free workers, substance abusers are far less productive miss workdays, are more likely to injure themselves or someone else, and file workers' compensation claims.
5. The measurable dollar costs of workplace substance abuse from absenteeism, overtime pay, tardiness, sick leave, insurance claims, and workers’ compensation can be substantial. However, the hidden costs resulting from diverted supervisory and managerial time, friction among workers, damage to equipment, and damage to the Company’s public image mean that workplace substance abuse can further cut profits and competitiveness.
6. Substance abusers can also destroy relationships, lead to serious problems with the law( e.g. drunk driving) and even cause harm to the people you love
7. If substance abuse affects your work life, it could lead to job loss and all of the financial problems that would follow.
C. Evaluating and Resolving Substance Abuse Problems
1. Outpatient programs exist in a variety of settings:
a. Community mental health centers;
b. Family service agencies;
c. Private physicians and therapists' offices;
d. Occupational settings;
e. Specialized Alcoholism treatment facilities.
2. Inpatient services, designed for those with more serious substance abuse problems, can be found in:
a. Hospitals
b. Residential care facilities
c. Community halfway houses
d. Some alcoholism clinics.
3. Your local phone directory will list helpful referral organizations such as:
a. Local council on alcoholism and drug abuse
b. Alcoholics Anonymous
c. Community alcoholism or mental health clinics
d. Social service or human resources departments
e. Community medical society.
D. The Importance of Intervention
1. The Company recognizes that alcoholism, alcohol misuse, and drug abuse are problems throughout America.
2. There are three good reasons why you should be concerned if any of your co-workers are using drugs or alcohol on the job:
a. Your health and safety may be at risk
b. Drug abuse and alcohol misuse costs you money
c. Drug abuse and alcohol misuse create a negative work environment.
3. The U.S. Department of Labor has determined that drug and alcohol use on the job costs society an estimated $102 billion a year. Since most of this cost is passed on to you in the form of health insurance
rates or in the prices you pay for things, drug and alcohol use on the job costs you and your fellow workers.
4. The U.S. Department of Labor has also determined that absenteeism among problem drug abusers, drinkers, or alcoholics is 3.8 to 8.3 times greater than normal. If your fellow workers don’t come to work, you may have to do their jobs in addition to your own.
5. Workers who misuse alcohol and drugs don’t function at their full potential. Not only is absenteeism a problem. When they are at work these employees may have reduced capabilities and productivity. Since
our product is the safe transportation of the public, alcohol, and drug test misuse is an especially serious issue.
6. No matter what your position is in the organization, there is something you can do to ensure that drug and alcohol use on the job never becomes a problem at the Company. Acceptance of any misuse puts you, this Company, and the public at risk.