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The Company recognizes alcohol and drug abuse as a potential health and safety issue and encourages employees to seek help.

A CONSCIENTIOUS EFFORT TO SEEK SUCH HELP BY ITSELF WILL NOT JEOPARDIZE ANY EMPLOYEE’S JOB.

Hogan & Associates Construction offers free addiction counseling through Blomquist Hale (800-926-9619 or 801-262-9619).

—SUMMARY section—

This SUMMARY SECTION is for your convenience. It does cover the primary principles of the Commercial Driver Drug and Alcohol Policy. If this is part of a reading assignment, the assignment and any associated quiz will be on this "Summary" section.

The content of the DETAILS SECTION will still apply in full to your employment at Hogan and your use of company vehicles. However, if you abide by the policy to:

Not use drugs—recreational drugs or performance-altering prescription drugs without a doctor’s supervision and/or without the knowledge of your supervisor—on or off the job or while driving
Not use or possess alcohol while on the job or while in or using company vehicles
Not come to work or drive impaired
Not have on your person or in a company vehicle any impairing substances,

you will likely never require the content of the DETAILS SECTION.

PROHIBITIONS

ALCOHOL CONCENTRATION

Covered employees are prohibited from reporting for duty or remaining on duty when their ability to perform assigned functions is adversely affected by alcohol or when their blood alcohol concentration is 0.02 or greater. No Supervisor having actual knowledge that an employee has an alcohol concentration of 0.02 or greater shall permit the employee to perform or continue to perform safety-sensitive functions, including driving a company vehicle.

ALCOHOL POSSESSION

No employee shall be on duty or operate a commercial motor vehicle while the employee possesses alcohol, unless the alcohol is manifested and transported as part of a shipment or is being taken into evidence. No Supervisor having actual knowledge that an employee possesses unmanifested alcohol shall permit the employee to perform or continue to perform safety-sensitive functions.

ON-DUTY USE

No employee shall use alcohol while performing safety-sensitive functions. No Supervisor having actual knowledge that an employee is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.

PRE-DUTY USE

No employee shall perform safety-sensitive functions within four hours after using alcohol. No Supervisor having actual knowledge that an employee has used alcohol within four hours shall permit the driver to perform or continue to perform safety-sensitive functions.

USE FOLLOWING an ACCIDENT

No employee required to take a post-accident alcohol test shall use alcohol for eight hours following the accident, or until he or she undergoes a post-accident alcohol test, whichever occurs first.

Testing

We do drug testing at the beginning of employment, and then we randomly drug test all employees at the rate of 20% of the average staff count on an annualized basis. And we will target employees for drug testing if we have suspicions of substance abuse.

We will also drug test any employee involved (directly or indirectly) in an on-the-job incident requiring more than first aid, or for which there was extensive property damage, within 32 hours of the incident. If an employee is subject to one of these post-accident drug or alcohol tests, he or she must not consume alcohol until the test is done.

CONSEQUENT DISCIPLINARY ACTION

Any employee who violates this company commercial vehicle drug-abuse policy will be subject to disciplinary action, including possible termination of employment.

REFUSAL TO SUBMIT

Refusal to test or submit to an alcohol or drug test means that a driver:

Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer and consistent with dot agency regulations, after being directed to do so by Hogan

Fails to remain at the testing site until the testing process is complete. However, an employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test

Fails to provide a urine specimen for any drug test required by the employer and dot regulations

In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of your provision of a specimen

Fails to provide a sufficient amount of urine when directed, unless it has been determined through a required medical evaluation, that there was an adequate medical explanation for the failure

Fails to undergo a medical evaluation as directed by the medical review officer (MRO) as part of the verification process or as directed by the DER concerning the evaluation of shy bladder procedures

Fails to cooperate with any part of the testing process

Fails or declines to take a second test the employer or collector has directed the driver to take, or

Is reported by the MRO as having a verified adulterated or substituted test result, or

Possesses or wears a prosthetic or other device that could be used to interfere with the collection process

For an observed collection, fails to follow the observer’s instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process.

No employee shall refuse to submit to a post-accident, random, reasonable suspicion, or a follow-up alcohol or controlled substance test required under Title 49 code of Federal Regulations. No Supervisor shall permit an employee who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.

The following are examples that may constitute a refusal to be tested for alcohol and/or controlled substances:

ALCOHOL TESTING Refusal by an employee to:
- Sign the breath alcohol form
- Provide adequate breath without a valid medical explanation.
- Cooperate with the testing process in a way that prevents the completion of the test.

CONTROLLED SUBSTANCES Refusal by an employee to:
- Provide a urine sample
- Provide an adequate urine sample without a valid medical explanation
- Cooperate with the testing process in a way that prevents the completion of the test.

CONTROLLED SUBSTANCE USE

No employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the employee uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a commercial motor vehicle.

No Supervisor having actual knowledge that an employee has used a controlled substance shall permit the driver to perform or continue to perform safety-sensitive functions.

PRESCRIPTION MEDICATIONS Drivers taking legally prescribed medications issued by a licensed health care professional familiar with the driver’s work-related responsibilities must report such use to their immediate supervisor or dispatcher, and may be required to present written evidence from the health care professional which describes the effects such medications may have on the driver’s ability to perform his or her tasks.

At the sole discretion of the alcohol and drug program administrator, a driver may be temporarily removed, with pay, from a safety-sensitive position if deemed appropriate. After review of all relevant information and on a case-by-case basis, a driver on a prescription medication that presents a safety issue may also be permanently or temporarily removed from his or her position.

Alcohol and controlled substances testing conducted under this policy shall meet or exceed the procedures found in Title 49 code of Federal regulations, part 40. A copy of this title shall be maintained by the Program Administrator and shall be made available to any employee upon request.

POSSESSION

No employee shall have illegal drugs and/or alcohol in their possession while on Company premises, or while operating Company equipment, or while on Company time.

GO TO QUIZ

—DETAILS SECTION—

Policy Statement

This policy states the position of Hogan & Associates Construction, Inc. (hereafter referred to as the Company) regarding the use of alcohol and drugs in our workplaces or of Company premises while conducting Company business. Employees are expected and required to report to work on time and in suitable mental and physical condition for work. It is our intent and obligation to provide a healthy and safe drug and alcohol free environment.
The unlawful manufacture, distribution, possession, or use of a controlled substance and/or alcohol on company premises, in Company vehicles, or while conducting Company business off Company premises is prohibited. Violation of this policy will result in termination of employment.
The Company recognizes alcohol and drug abuse as a potential health and safety issue and encourages employees to seek help. A conscientious effort to seek such help by itself will not jeopardize any employee’s job. Employees must, as a condition of employment, abide by the terms of this policy and report any conviction under a criminal drug or alcohol statute for violations occurring on company premises, in Company Vehicles, or while conducting company business off premises. A report of a conviction, guilty plea or plea of no contest, must be made within five (5) days after conviction or plea by the court.

Definitions

EMPLOYEE This policy applies to all employees in the service of the Company for compensation who are required to hold and maintain a CDL as a condition of employment or who receives a reimbursement in part or whole for securing a CDL or who operates a commercial motor vehicle including full-time, part-time, casual, intermittent or occasional drivers shall be subject to random testing conducted pursuant to Federal law and regulations of title 49 code of Federal Regulations, Part 383. All Company employees are subject to pre-employment, random, reasonable suspicion, post-accident, return-to-duty and follow-up testing conducted pursuant to such law and regulations and this policy.
PROSPECTIVE EMPLOYEE Any person who has made application for employment with the Company, who is subject to the commercial driver’s license requirements of Title 49 code of Federal Regulations, Part 383, and/or any person who has been offered a position with the company. Applicants who are offered a position with the company are subject to pre-employment controlled substances testing as a condition of employment.
COMMERCIAL MOTOR VEHICLE A motor vehicle or a combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

Has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
Has a gross vehicle weight of 26,001 or more pounds; or
Is designed to transport 16 or more passengers, including the driver; or
Is of any size and is used in the transportation of hazardous materials which require placards.

Employees who operate commercial motor vehicles as defined above are required to have a current commercial driver’s license (CDL).
SAFETY SENSITIVE FUNCTIONS All time from the time a driver begins work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include:

All time at an employer or shipper plant, terminal, facility, or other property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;
All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
All time spent at the driving controls of a commercial motor vehicle in operation;
berth;
All time loading or unloading a vehicle, supervising, or assisting in loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and
All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

Alcohol Testing Definitions

ALCOHOL The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
ALCOHOL USE The consumption of any beverage, mixture, or preparation, including any medication containing alcohol.
ALCOHOL CONCENTRATION (OR CONTENT) The alcohol in a volume breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by a dot approved breath testing device.
SCREENING ALCOHOL TEST An analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen.
CONFIRMATION ALCOHOL TEST A second test, following a screening test with a result of 0.02 or greater that provides quantitative data of alcohol concentration using a dot approved alcohol testing device.

Drug Testing Definitions

ILLEGAL DRUGS A controlled substance included in Schedule I or II as defined by Section 802(6) of Title 21 of the United States Code. The possession of which is unlawful under Chapter 13 of the Title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or other use authorized by law.
DRUG TEST Analysis of a urine sample for the presence of "illegal drugs" provided by and "employee" or "prospective employee".
INITIAL DRUG TEST (also known as a screening drug test) A test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites.
CONFIRMATION DRUG TEST A second analytical procedure to identify the presence of a specific drug or metabolite that is independent of the screening test and that uses a different technique and chemical principle from that of the screening test in order to ensure reliability and accuracy.
VERIFIED NEGATIVE DRUG TEST A drug test result that was negative on an initial FDA-approved immunoassay test (screening drug test), and reviewed and verified by the medical review officer (MRO) in accordance with this plan and the mandatory guidelines under Title 49 Code of Federal Regulations Part 40 – procedures for transportation workplace drug and alcohol testing programs.
VERIFIED POSITIVE DRUG TEST A test result that was positive on an initial FDA-approved immunoassay test (screening drug test), confirmed by a gas chromatography/mass spectrometry assay, (or other confirmatory test approved by the Department of Health and Human Services) (confirmation drug test) and reviewed and verified by the MRO in accordance with this plan and the mandatory guidelines under Title 49 of the Code of Federal Regulations Part 40. The screening drug test and confirmation drug test cutoff levels for the illegal drugs are:

DRUG TEST CUTOFF LEVELS

DRUG	SCREENING CUTOFF	CONFIRMATION CUTOFF
Drug Screening Cutoff Confirmation Cutoff Cannabinoids as Carboxy-thc (Marijuana) – whether or not applicant/employee has a Medical Cannabis Card issued by the laws of the State of Utah; see 26-61a-111(a) Utah Code Annotated.-thc (Marijuana)	50 ng/ml	15 ng/ml
Cocaine metabolites as benzoylecgoine (Cocaine, Crack)	150 ng/ml	100 ng/ml
Phencyclidine. (pcp, Angel Dust)	25 ng/ml	25 ng/ml
Opiates (Codeine, Morphine)	10 ng/ml	10 ng/ml
Amphetamines (Amphetamines & Methamphetamine)	500 ng/ml	250 ng/ml

SPLIT URINE SAMPLE A portion of the urine sample provided by the donor at the time of collection, poured into a separate specimen bottle, sealed in the presence of the donor, and shipped to the primary laboratory. If the primary sample tested positive for the presence of drugs(s) defined in F-Verified Positive Drug Test, the donor can request analysis of the "split sample" if he/she notifies the medical review officer within 72 hours of notification of a positive drug test.

Required Tests

The Company intends to test employees and/or prospective employees for the presence of drugs and/or alcohol, in accordance with the provisions of this policy. An employee who refuses to be tested when so required will be subject to the full range of disciplinary action, including dismissal. Attempts to alter or substitute a urine specimen provided will be deemed a refusal to take the drug test when required. Drug and alcohol tests shall be given under the following circumstances:

PRE-EMPLOYEE TESTING Prior to the first time an employee performs a safety sensitive function for the Company, the employee shall undergo testing for the five drugs described in the above section.
RANDOM TEST A system of drug and/or alcohol testing imposed without individualized suspicion that a particular individual is using illegal drugs, and may either be:

Uniform unannounced testing of designated employees occupying a specific area, element, or position; or
A statistically random sampling of such employees based on a neutral criterion; and
The company shall ensure that random alcohol that random alcohol and drug tests conducted under this testing method are unannounced and that the dates for testing are spread reasonably throughout the calendar year.

The minimum annual percentage rate for random drug testing shall be 50 percent of the average number of employees in positions requiring a CDL. The minimum annual percentage rate for random alcohol testing shall be 25 percent of the average number of employees in positions requiring a CDL.
An employee shall only be tested for alcohol 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.

REASONABLE SUSPICION TESTING Drug and/or alcohol testing when the Company has reason to believe that the employee has violated the prohibitions of this policy concerning drug and/or alcohol use.

Reasonable suspicion of drug and/or alcohol use shall be based on a specific event or observation indicating recent drug and/or alcohol use. The observation s may include indications of the chronic and/or withdrawal effects of controlled substances or alcohol and any of the following:

Documentation of unsatisfactory work performance or on-the-job behavior.
Evidence of the manufacture, distribution, dispensing, possession, or use of drugs/controlled substances, alcohol, or other prohibited substances.
Occurrence of a serious or potentially serious accident or minor accident that may have been caused by human error, risky behavior, not following direction, etc.

Signs of possible alcohol or drug use (not all-inclusive):

Abnormally dilated or constricted pupils
Glazed stare, redness of eyes
Flushed face
Change of speech (faster or slower)
Constant sniffing
Needle marks
Sudden weight loss
Increased absences
Increased appetite for sweets

Forgetfulness, performance faltering, poor
Borrowing money from co-workers or other unusual display or need for money
Constant fatigue or hyperactivity
Smell of alcohol
Slurred speech
Difficulty walking
Dulled mental processes
Slowed reaction
Change in personality (paranoia)

Reasonable cause testing shall be obtained only after the covered employee’s supervisor or company official (trained in detecting the indicators of drug and/or alcohol use in accordance with Title 49 Code of federal Regulations, Part 382.603) has reviewed all information, facts, and circumstances leading to and supporting the reasonable cause observation. A written record shall be made of the observations leading to the testing and signed by the supervisor or company official prior to testing. All employees tested under this provision shall be prohibited from performing any safety-sensitive functions until the Program Administrator reviews the results of the test
Alcohol testing is authorized under reasonable suspicion only if the observations required by this testing method are made during, just preceding, or just after the period of the workday that the employee is required to be in compliance with on-duty time. An employee may be directed by the Company to undergo reasonable suspicion testing only 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. The Company shall not take any action under this section against an employee based solely on the employee’s behavior and appearance, with respect to alcohol use, in the absence of an alcohol test.
Accident means an occurrence involving a Company vehicle or any vehicle used in the performance of Company business operating on a public road which results in:

A fatality
Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident or
One or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle (any vehicles involved) to be transported away from the scene by a tow truck or other vehicle.

Post-accident Testing. A post-accident test is an alcohol and/or controlled substances test administered to an employee following an accident involving:

A Company vehicle or any vehicle used in the performance of Company business under the following conditions:

The employee was performing safety sensitive functions with respect to the vehicle and the accident involved a loss of human life;
The accident involved serious injury, or major property damage to any vehicle involved the in incident and the Company driver receives a citation under state or local law for a moving traffic violation arising from the accident.

RETURN TO DUTY TESTING Drug and/or alcohol testing required before the employee returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by this policy. An alcohol test conducted under return to duty testing shall have a result indicating an alcohol concentration of less than 0.02 grams of alcohol per 210 liters of breath. DOT requires that all dot Follow-up (or Return to Duty) tests be collected under direct observation

Use of a prescription drug, where the prescribing physician advises that it could impair the ability of a driver to safely operate a commercial motor vehicle, or a warning label on a medication (prescription or over the counter medication), warns of possible impairment, must be reported to the employee’s supervisor.

FOLLOW-UP TESTING Testing required following a determination that an employee is in need of assistance in resolving problems associated with alcohol misuse and/or illegal drugs. The company shall ensure that the employee is subject to unannounced follow-up testing as directed by the substance abuse professional (sap). dot requires that all dot Follow-up (or Return to Duty) tests be collected under direct observation

Use of a prescription drug, where the prescribing physician advises that it could impair the ability of a driver to safely operate a commercial motor vehicle, or a warning label on a medication (prescription or over the counter medication), warns of possible impairment, must be reported to the employee’s supervisor.

Prohibitions

Alcohol concentration (382.201)
1. Covered employees are prohibited from reporting for duty or remaining on duty when their ability to perform assigned functions is adversely affected by alcohol or when their blood alcohol concentration is 0.02 or greater. No Supervisor having actual knowledge that an employee has an alcohol concentration of 0.02 or greater shall permit the employee to perform or continue to perform safety-sensitive functions.
Alcohol possession (382.204)
1. No employee shall be on duty or operate a commercial motor vehicle while the employee possesses alcohol, unless the alcohol is manifested and transported as part of a shipment or is being taken into evidence. No Supervisor having actual knowledge that an employee possesses unmanifested alcohol shall permit the employee to perform or continue to perform safety-sensitive functions.
On-duty use (382.205)
1. No employee shall use alcohol while performing safety-sensitive functions. No Supervisor having actual knowledge that an employee is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.
Pre-duty use (382.207)
1. No employee shall perform safety-sensitive functions within four hours after using alcohol. No Supervisor having actual knowledge that an employee has used alcohol within four hours shall permit the driver to perform or continue to perform safety-sensitive functions.
Use following an accident (382.209)
1. No employee required to take a post-accident alcohol test under title 49 code of Federal Regulations, part 382.303, shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.

Refusal to submit to a required alcohol or controlled substances test (382.211)

Refusal to test/submit to an alcohol or drug test means that a driver:

Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer & consistent with dot agency regulations, after being directed to do so by the employer;
Fails to remain at the testing site until the testing process is complete. Provided, that an employee who leaves the testing site before the testing process commences (see 49 CFR 40.63©) for a pre-employment test is not deemed to have refused to test;
Fails to provide a urine specimen for any drug test required by the employer and dot regulations;
In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or monitoring of your provision of a specimen (see 49 CFR 40.67(l) and 40.69(g));
Fails to provide a sufficient amount of urine when directed, unless it has been determined through a required medical evaluation, that there was an adequate medical explanation for the failure;
Fails to undergo a medical evaluation as directed by the MRO as part of the verification process or as directed by the DER concerning the evaluation of the shy bladder procedures in 49 CFR part 40, subpart I of this title;
Fails to cooperate with any part of the testing process;
Fails or declines to take a second test the employer or collector has directed the driver to take; or
Is reported by the MRO as having a verified adulterated or substituted test result; or
Possess or wear a prosthetic or other device that could be used to interfere with the collection process.
For an observed collection, fails to follow the observer’s instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process.

No employee shall refuse to submit to a post-accident, random, reasonable suspicion, or a follow- up alcohol or controlled substance test required under title 49 code of Federal Regulations. No Supervisor shall permit an employee who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.
The following are examples that may constitute a refusal to be tested for alcohol and/or controlled substances.

Alcohol testing, refusal by an employee to:

Sign the breath alcohol form
Provide adequate breath without a valid medical explanation.
Cooperate with the testing process in a way that prevents the completion of the test.
Controlled substances, refusal by an employee to:

Provide a urine sample
Provide an adequate urine sample without a valid medical explanation
Cooperate with the testing process in a way that prevents the completion of the test.

Controlled Substance Use (382.213)

No employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the employee uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a commercial motor vehicle.
No Supervisor having actual knowledge that an employee has used a controlled substance shall permit the driver to perform or continue to perform safety-sensitive functions.
Prescription medications. Drivers taking legally prescribed medications issued by a licensed health care professional familiar with the driver’s work-related responsibilities must report such use to their immediate supervisor or dispatcher, and may be required to present written evidence from the health care professional which describes the effects such medications may have on the driver’s ability to perform his/her tasks.
At the sole discretion of the alcohol and drug program administrator, a driver may be temporarily removed, with pay, from a safety-sensitive position if deemed appropriate. After review of all relevant information and on a case by case basis, a driver on a prescription medication that presents a safety issue may also be permanently or temporarily removed from his/her position.
Procedures used to test for the presence of alcohol and controlled substances.

Alcohol and controlled substances testing conducted under this policy shall meet or exceed the procedures found in title 49 code of Federal regulations, part 40. A copy of this title shall be maintained by the Program Administrator and shall be made available to any employee upon request.

Possession

No employee shall have illegal drugs and/or alcohol in their possession while on Company premises, or while operating Company equipment.

Consequences for drivers having violated subpart B of the Federal Regulations:

Removal from a safety-sensitive function – No employee shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the employee has engaged in conduct prohibited by this policy; title 49 code of Federal Regulations, part 382, subpart B – prohibitions; or an alcohol or controlled substance rule of another DOT agency.
Required evaluation and testing – No employee who has engaged in conduct prohibited by this policy shall perform safety-sensitive functions, including driving a commercial motor vehicle, unless the employee has met the requirements of title 49 code of Federal Regulations, part 382.605
Other alcohol-related conduct – No employee tested under this policy who is found to have an alcohol concentration of 0.02 or greater but less that 0.04 shall perform or continue to perform safety-sensitive functions for the Company, including driving a commercial motor vehicle, nor shall the Company permit the employee to perform or continue to perform safety-sensitive functions, until the start of the employee’s next regularly scheduled duty period, but not less than 24 hours following the administration of the test. Except as provided in this section, the Company shall not take any action under this section against an employee solely on test results showing an alcohol concentration less that 0.04.

Company Action

Upon receipt of a verified or confirmed positive drug or alcohol test result which indicates a violation of this policy, or upon the refusal of an employee or prospective employee to provide a sample, the Company may use that test result or refusal as the basis for disciplinary or rehabilitative actions, which may include the following:

Evaluation by a substance abuse professional to determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use.
A requirement that the employee enroll in a company approved employee assistance program which may include additional drug and alcohol testing, as a condition of continued employment;
Suspension of the employee with or without pay for a period of time;
Termination of employment;
Refusal to hire a prospective employee; or
Other disciplinary measures in conformance with the Company’s usual policies and procedures.

The Company shall not permit an employee who has engaged in conduct prohibited by title 49 code of Federal Regulations, part 382, subpart B and this policy to perform safety- sensitive functions until he/she has been evaluated by a substance abuse professional and has completed a return to duty alcohol and/or drug test with negative results.

Confirmed positive drug test results

The responsibilities of the medical review officer (MRO) with respect to a confirmed positive drug test result are to review and interpret the drug test result. In carrying out this responsibility, the MRO shall examine alternate medical explanations for any positive test result. This action may include conducting a medical interview and review of the individual’s medical history, or review of any other relevant biomedical factors. The MRO shall contact the individual directly, on a confidential basis, to determine whether the employee wishes to discuss the test result.
The MRO shall talk directly with the individual before verifying a test as positive to discuss the test results with him/her. If, after making all reasonable efforts and documenting them, the MRO is unable to contact the individual directly, the MRO shall contact the Company Program Administrator who shall direct the individual to contact the MRO as soon as possible. If the individual provides a legitimate explanation for the confirmed positive drug test, verified by the MRO, the MRO declares the test to be negative.
Following the verification of a positive test result, the medical review officer shall notify the individual that he/she has 72 hours from the time of notification to request a test of the split urine sample. If the individual requests an analysis of the split sample within 72 hours of having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory to provide the split specimen to another DHHS-certified laboratory for analysis. Note a request to test the split specimen does not defer the reporting of the verified positive test result to the Program Administrator.

Referral, Evaluation and Treatment

Each covered employee who has a positive controlled substance test or a blood alcohol concentration test of 0.04 or greater shall be referred to a Substance Abuse Professional (SAP). The SAP shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substance use.
Release of alcohol and controlled substances test information
An employee is entitled, upon written request, to obtain copies of any records pertaining to the employee’s use of alcohol or controlled substances, including any records pertaining to his/her alcohol or controlled substances test. The Company shall promptly provide the records requested by the employee.
The Company shall make available copies of all results for employer alcohol and/or controlled substances testing conducted under this part and any other information pertaining to the employer’s alcohol misuse and/or controlled substances use prevention program, when requested by the secretary of transportation, any DOT agency, or any state or local officials with regulatory authority over the employer or any of its employee’s.

Retention of Records

The Company shall maintain records of the alcohol misuse and controlled substances use prevention programs as provided in this section. The records shall be maintained in a secure location with controlled access. The Company shall maintain the records in accordance with the following schedule:

Five Years

Records of employee alcohol test results with results indicating an alcohol concentration of 0.02 or greater.
Records of employee verified positive controlled substances test results.
Documentation of refusals to take required alcohol and/or controlled substances test.
Calibration documentation (breath alcohol testing devices, if applicable).
Employee evaluation and referrals by DOT substance abuse professionals.
A copy of each annual calendar year summary required by title 49 code of federal regulations, part 382.403.

Two Years
1. Records relating to the alcohol and controlled substances collection process.
One Year
1. Records of negative and canceled controlled substances test results (as defined in part 40) and alcohol test results with a concentration of less than 0.02.