Safety-sensitive function.Alcohol drug testing

The policy must ensure that before a driver returns to safety-sensitive functions he/she undergo a retum-to-duty alcohol test with residts of less than 0.02 and/or a retum-to-duty drug test with a verified negative result. 

An employer must not allow a driver to perform or continue to perform safety-sensitive functions if the driver refuses any of the alcohol or drug tests listed above. 

The job was designated as a safety-sensitive function in any Department of Transportation (DOT) regulated mode subject to the Part 40 alcohol and drug testing requirements. 

If the driver was involved, as part of his/her previous emplo3rment, in a safety-sensitive function that required alcohol and drug testing as specified in Part 40, the prospective employer must also investigate the following information ... 

Positive dilute. If the test is a positive dilute, it is treated as a positive test result — end of story. The driver is removed from a safety-sensitive function, is given a list of Substance Abuse Professionals (SAPs), and must rmdergo the DOT Return-to-Duty Process in order to operate a commercial motor vehicle (CMV) again. The violation is reported to futm e DOT-regulated employers under the Safety Performance History inquiry in 391.23 or the DOT drug and alcohol investigation... 

Remember that once a driver violates a DOT drug or alcohol regulation, he or she cannot again perform safety-sensitive functions until after compl5dng with an SAP s treatment plan and passing a return-to-duty test. 

If a driver that was on temporary lay-off, off due to injury, or on vacation, but not removed from the pool is selected for a test dming the absence, you have two choices. You can call the driver in for drug testing, but not alcohol testing (the random alcohol test can only be administered immediately before, during, or immediately after the driver performing a safety-sensitive function) and follow the normal processes. There may be some problems with this choice (driver lives a long way from the facility, the driver cannot be located and contacted, the driver is involved in activities that create a situation where he/she cannot get to a collection site, etc.). The other choice is more reasonable. It is to simply document that the driver was not available for the tests (be sure to document why the driver was not available) and select an alternative... 

If one of your drivers is foimd to have violated any of the prohibitions described in Subpart B (described above, including failing or refusing any DOT drug or alcohol test), you must immediately remove that driver from performing any safety-sensitive functions, according to 382.501 Removal from safety-sensitive function. Remember that positive test results must be verified before you can take action against the driver. 

You can assign the driver to non-safety-sensitive duties. A driver who has violated the DOTs drug and/or alcohol regulations may continue to work but may only perform duties that are not considered safety sensitive. This may include handling of materials exclusively in a warehouse, regardless of whether the materials are considered hazardous, as long as safety-sensitive functions are not performed until the individual has completed treatmentand has passed a return-to-dutv test. 

Sec. 382.413(g) prohibits an employer from using a driver to perform safety-sensitive functions if the employer obtains information that the driver failed an alcohol test or tested positive for drugs, imless the employer has obtained information that the driver has complied with the provisions of Sec. 382.605. 

According to Sec. 382.211, a driver may not refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or controlled substances test required by the regulations. A driver who refuses to submit to such tests may not perform or continue to perform safety-sensitive functions and must be evaluated by a substance abuse professional as if the driver tested positive for drugs or failed an alcohol test. 

According to FMCSA regulation, no person who has failed an alcohol or drug test, or refused to test, will be allowed to perform safety-sensitive functions until the referral, evaluation, and treatment requirements have been complied with. The following company disciplinary measures apply to all reasonable suspicion, post-accident, and random tests. 

WAS YOUR JOB DESIGNATED AS A SAFETY-SENSITIVE FUNCTION IN ANY DOT-REGULATED MODE SUBJECT TO THE DRUG AND ALCOHOL TESTING REQUIREMENTS OF 49CFR FART40 DYES DNO ... 

If an employee has tested positive for drugs, had an alcohol concentration of 0.04 or greater, or refused to be tested, he/she may not perform and you may not allow him/her to perform any safety-sensitive functions, including driving a commercial motor vehicle until he/she completes the necessary steps of the DOT Retmn-to-Duty Process (i.e.. Substance Abuse Professional program). 

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