Fineline 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.
This summary section is for your convenience. It does cover the primary principles of the Commercial Driver Drug and Alcohol Policy. Your reading assignment and associated quiz will cover this summary section.
The content of the details section will still apply to your employment at Fineline and your use of company vehicles.
However, if you abide by the policy to:
empty line
you will likely never require the content of the DETAILS section.
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 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 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.
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 termination of employment.
Refusal to test or submit to an alcohol or drug test means that a driver:
empty line
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:
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.
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.
This policy states the position of Fineline Steel (hereafter referred to as the Company) regarding the use of alcohol and drugs in our workplaces or on 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.
EMPLOYEE This policy applies to all employees in the service of the Company for compensation who are required to hold and maintain a Commercial Drivers License (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 CDL 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:
empty line
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 or she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include:
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.
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 An analysis of a urine sample for the presence of “illegal drugs” provided by an employee or prospective employee.
INITIAL DRUG TEST (also known as a screening drug test) is 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 or 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 | SCREENING CUTOFF | CONFIRMATION 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 or she notifies the medical review officer within 72 hours of notification of a positive drug test.
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:
empty line
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 may include indications of the chronic and/or withdrawal effects of controlled substances or alcohol and any of the following:
empty line
Signs of possible alcohol or drug use (not all-inclusive):
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.
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:
empty line
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:
empty line
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 all DOT follow-up (or return 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. 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.
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 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
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 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 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 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 test or submit to an alcohol or drug test means a driver:
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:
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.
No employee shall have illegal drugs and/or alcohol in their possession while on Company premises, or while operating Company equipment.
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 & 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:
empty line
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 or she has been evaluated by a substance abuse professional and has completed a return to duty alcohol and/or drug test with negative 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 or 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 or 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.
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.
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 or 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 employees.
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:
empty line
TWO YEARS:
empty line
ONE YEAR:
n