These procedures comply with DOT regulations found at 49 C.F.R. Part 40 (August, 2001).
The purpose of this policy is to establish procedures to support a safety and health program and to comply with minimum federal safety standards for safety-sensitive functions regulated by the Department of Transportation (DOT). These standards were designed to reduce accidents that result from Employee use of controlled substances and alcohol. The use of controlled substances and the misuse of alcohol increases the risk of accidents, jeopardizes the safe work environment, and causes harm to an individual's health and personal life.
UCAR is committed to a safe, healthy and productive work environment for all Employees free from the effects of substance abuse. Drug or Alcohol use may pose a serious threat to health and safety. Abuse of alcohol, drugs, and controlled substances impairs Employee judgment, resulting in increased safety risks, injuries, and faulty decision-making.
This policy applies to all UCAR employed drivers who are required by their position description to hold a commercial driver's license (CDL) and who perform a “safety sensitive function.” The DOT/Federal Highway Administration defines a “safety sensitive function” as driving a commercial vehicle that: 1) Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a GVW of more than 10,000 pounds; or 2) Has a gross vehicle weight rating of 26,001 or more pounds; or 3) Is designed to transport 16 or more passengers, including the driver; or 4) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations.
For purposes of this policy, a driver is covered by DOT regulations as those regulations relate to the driver's fitness-for-duty and use of alcohol prior to going on duty, while on duty, or while operating or having physical control of a commercial motor vehicle. DOT testing for controlled substances under this policy requires that drivers abstain from the use of controlled substances at any time or risk violating DOT regulations prohibiting the presence of controlled substances in their body.
Under this policy performance of driving affected vehicles means all of the time after a driver begins to work or is required to be ready to work until the time the driver is relieved from work and all responsibility for performing work. Safety-sensitive functions include: (1) All time at UCAR's facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by UCAR; (2) All time inspecting equipment as required by the law 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 in operation; (4) All time loading or unloading a vehicle, supervising, or assisting in the 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 (5) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
The Employee shall, when drugs are prescribed by a medical professional, inquire of the prescribing professional whether the drug prescribed has any side effects which may impair the Employee's ability to safely perform the Employee's job duties. If the answer from the medical professional is yes, the Employee shall obtain a statement from the medical professional indicating any work restrictions and their duration. The Employee shall present that statement to his or her supervisor prior to going on duty.
||Statement of Policy
|| No driver shall unlawfully manufacture, use, possess, or distribute controlled substances.
|| No driver shall report for work, perform any safety-sensitive functions or, while in the employ of UCAR have at any time, any controlled substance present in their body. Presence of controlled substances will be determined by testing performed as described in this policy.
|| No driver shall perform safety-sensitive functions within 4 hours after consuming alcohol.
|| No driver shall consume alcohol while performing safety-sensitive functions.
|| No driver shall possess alcohol while on duty.
|| No driver shall report to work or perform safety-sensitive functions while having an alcohol concentration of .02 or greater. A driver's alcohol concentration will be determined by testing performed as described in this policy.
|| No driver shall leave the scene of a work related accident, without a valid reason, before contacting a supervisor.
|| No driver shall consume alcohol after an accident unless 8 hours have expired, the Employee has been tested or UCAR has determined that the driver's performance could not have contributed to the accident, whichever occurs first.
|| No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
|| No driver shall refuse to take a required test.
||Consequences of Violation under Company Policy
Any violation of this policy will result in the employee being subject to disciplinary action up to and including termination.
Employees who adulterate or otherwise interfere with accurate testing required pursuant to this policy are in violation of this policy.
Any driver, who has been observed using or possessing illegal drugs or alcohol during work time, including lunch breaks, or on UCAR premises is in violation of this policy.
UCAR will not hire applicants who test positive for controlled substances.
UCAR will provide to any Employee who violates a DOT drug and alcohol regulation a referral to UCAR's Employee Assistance Program for substance abuse counseling.
||Minimum Consequences of Violation as Mandated by D.O.T.
If a driver tests positive for a controlled substance or has an alcohol concentration of .02 or greater, the driver will be removed from safety-sensitive functions.
To be eligible to return to work after testing at an alcohol concentration of .02 to .039, the driver must be off-duty until the driver can provide a test result with an alcohol concentration of .02 or less or be off from work for at least 24 hours.
To be eligible to return to work after a positive controlled substance test or test indicating an alcohol concentration of .04 or greater, the driver must be evaluated by a Substance Abuse Professional (SAP). If the SAP determines that additional treatment is necessary, the driver must complete such treatment. In addition, the driver will be subject to follow-up testing.
The above consequences are minimum requirements as set out by the D.O.T. Compliance with the above does not guarantee a driver will be returned to work following a violation of this policy. Drivers will be subject to disciplinary action up to and including termination for violation of this policy, regardless of eligibility to return to work under the DOT regulations.
Before a driver returns to duty requiring the performance of a safety-sensitive function after violating the alcohol or controlled substance provisions outlined by DOT, the driver shall undergo a return-to-duty test with a result indicating a verified negative result.
For the purpose of assuring compliance with the Federal Department of Transportation Regulations and this policy, applicants for safety sensitive positions and Employees who perform safety sensitive functions will be subject to controlled substance and alcohol screening under the circumstances described below. Applicants and drivers are required to submit to testing in the circumstances described below as a condition of their employment.
||Types of Testing
Applicants for driving-related positions shall undergo a test for the presence of controlled substances prior to being hired or retained by UCAR. Under no circumstances may a driver perform a safety-sensitive function until a confirmed negative result is received.
Applicants who refuse to submit to testing will not be hired.
Testing for Current Employees
Any driver involved in an accident in which a fatality occurs while in the performance of their job, must immediately contact their supervisor and submit to a controlled substance and an alcohol test. Likewise, any driver who receives a citation for a moving traffic violation must immediately submit to a controlled substance test and an alcohol test if, (a) the accident results in a fatality, or bodily injury to a person who must immediately receive medical treatment away from the scene, or (b) one or more of the vehicles involved is towed from the scene.
||Reasonable Suspicion Testing
A driver will be required to submit to controlled substance or alcohol test upon reasonable suspicion. Reasonable suspicion means that the actions, appearance or conduct of the driver on duty are indicative of the use and/or presence in the driver's body of a controlled substance or alcohol. Reasonable suspicion is based on specific, contemporaneous, articulable observations concerning the appearance behavior, speech or body odors of the driver.
A driver will not be allowed to return to driving a UCAR vehicle until a confirmed negative test result is received. The driver will remain on paid status pending the receipt of drug testing results by UCAR.
Drivers will be subject to controlled substance testing and alcohol testing at any time on a random basis as a term and condition of holding a driver position. Upon being notified of selection, the driver must immediately proceed to the testing site.
Random testing will be spread reasonably throughout the year and will be unannounced to ensure that no driver receives advanced knowledge of the time of testing. All drivers will have an equal chance of being selected each time a random selection is made.
The number of controlled substances tests conducted annually shall equal or exceed 50 percent of the number of driver positions subject to testing.
The number of alcohol tests conducted annually shall equal or exceed 10 percent of the number of driver positions subject to testing.
A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.
||Follow-Up and Return to Duty
Any driver who has been required to or voluntarily undergoes rehabilitation for substance abuse must submit to a drug test and receive a confirmed negative test result and an alcohol test (with a result of less than .02) before returning to work. In addition, the driver will be subject to follow-up testing not to exceed 60 months following the driver's return to work.
|| Controlled Substances
Controlled substance screening shall be conducted in a laboratory certified by the Department of Health and Human Services (DHHS) and in accordance with the Procedures for Transportation Workplace Drug Testing Programs. All controlled substance screening includes split sampling which provides that a urine sample be split into two separate containers.
As required by law the substance screen will test for the following drugs - marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP).
Any positive initial test will be confirmed by a gas chromatography/mass spectrometry (GC/MS) test.
The testing contractor shall employ a Medical Review Officer (MRO) who will receive the laboratory results of the testing procedure. The MRO shall be a licensed physician and have knowledge of substance abuse disorders and appropriate medical training to evaluate positive test results, medical history, and any other relevant biomedical information. The MRO shall review all medical records made available by the tested individual when a confirmed positive test could have resulted from legally prescribed medication.
The MRO shall also review all specimens which are found to be adulterated or substituted specimens. In the instances of an adulterated or substituted specimen, the MRO may provide the driver an opportunity to present a legitimate medical explanation. If no legitimate medical explanation is provided, the MRO will report the verified adulterated or substituted specimen to UCAR. UCAR will consider the verified adulterated or substituted specimen as a refusal to test and immediately remove the driver from performing safety sensitive functions. The driver may then be subjected to the disciplinary action under UCAR's independent authority.
The MRO will be the sole custodian of the individual test results. The Medical Review Officer will advise UCAR only of whether the test results were negative or positive.
After receiving notification of a verified positive test, an adulterated or substituted specimen, a driver may request that the split sample be analyzed. Such a request must be made within 72 hours of notification of the verified positive test. If such a request is made, the sample will be tested at another DHHS certified laboratory, at the driver's expense. Upon written request within 7 days of a verified positive test, the driver may obtain copies of any records pertaining to his or her controlled substance tests.
Precautions shall be taken to ensure that the specimen is not adulterated or diluted during the collection procedure and that the information on the bottle matches the information on the custody and control form.
|| Alcohol Testing
Alcohol testing shall be conducted by a Breath Alcohol Technician (BAT) using an Evidential Breath Testing Device (EBT). The driver will provide a breath sample. If an Employee's alcohol concentration is greater than .02, a second, confirmation test will be performed.
||Refusal to Submit to Testing
Refusal to submit to testing is a violation of this policy. Any Employee refusing to submit to testing will be referred to UCAR's Employee Assistance Program and will face appropriate disciplinary action. The following behaviors constitute a refusal:
Refusal to submit is defined as:
- refusal to appear for testing,
- failure to remain at the testing site until the testing process is complete,
- failure to provide a urine specimen,
- in instances of observed or monitored collection failure to allow observation or monitoring;
- refusal to sign the testing form,
- failure to provide adequate breath,
- failure to take a second test as directed,
- otherwise fail to cooperate in the testing process,
- perform any actions which prevent the completion of the test,
- a test result reported by the MRO as a verified adulterated or substituted test.
- Inability to provide sufficient quantities of breath or urine to be tested without a valid medical explanation.
- Failure to undergo a medical examination or evaluation when directed.
- Tampering with, attempting to adulterate, adulteration or substitution of the specimen, or interference with the collection procedure.
- Not reporting to the collection site in the time allotted.
- Leaving the scene of an accident without a valid reason before the tests have been conducted.
||Voluntary Employee Self-Identification Program
UCAR supports sound treatment efforts. Whenever practical, UCAR will assist Employees in overcoming drug, alcohol, and other problems which may affect Employee job performance as long as this policy has not already been violated. An Employee may not self-identify in order to avoid required testing. The following is required to participate in this voluntary program: the driver makes the admission of alcohol misuse or controlled substances use prior to reporting to duty to perform a safety sensitive function and the driver does not perform a safety sensitive function until UCAR is satisfied that the Employee has been evaluated and has successfully completed education or treatment requirements.
Employees who seek voluntary treatment prior to a violation of this policy will not be disciplined for making a voluntary admission of alcohol misuse or controlled substances use within the parameters of the program. The Employee will be allowed a sufficient opportunity to seek evaluation, education or treatment to establish control over the Employee's drug or alcohol problem. Employees who seek voluntary assistance will be allowed to return to safety sensitive duties only upon successful completion of an educational or treatment program as determined by a drug and alcohol abuse evaluation expert. Prior to the Employee participating in a safety sensitive function, the Employee shall undergo a return-to-duty test with a result indicating an alcohol concentration of less than 0.02 and/or controlled substance test with a verified negative test. In addition, UCAR may monitor any Employee who voluntarily reports under this provision by conducting unannounced follow-up testing not to exceed 60 months following the driver's return to work.
If the Employee elects to enter an appropriate treatment program, the Employee may be placed on unpaid status but will be required to use any accrued vacation time and sick leave while participating in the evaluation and treatment program so long as the Employee is complying with the conditions of treatment. UCAR will have the right to require verification from the health care provider for a release to work and/or verification of treatment as covered in UCAR's medical leave policies. More information regarding availability of treatment resources and possible insurance coverage for treatment services is available from the Human Resources Department.
Please contact the Director of Human Resources if you have any questions about this policy or wish to discuss issues related to the use of controlled substances or the misuse of alcohol.
||Inspections and Searches
UCAR may conduct unannounced inspections or searches for violations of this policy in the workplace, worksites, or company premises. Employees are expected to cooperate in any inspection or search; failure to do so will result in disciplinary action up to and including termination.
||At Will Employment
Nothing in this policy is to be construed to prohibit UCAR from maintaining a safe work environment or imposing disciplinary action as it deems appropriate for reasons of misconduct or poor performance, regardless of whether the misconduct or poor performance arises from drug or alcohol use. Such disciplinary actions may include termination of employment. Employment is at-will and subject to termination by UCAR or the Employee at any time, with or without notice and with or without cause.
||Alcohol and Drug Effects Information/Appendix to UCAR'S Drug and Alcohol Testing Procedures