(a) Scope. An employee who drives for the department
is subject both to the requirements of this section and to the general
requirements that apply to all employees.
(b) Records. Each employee's driving record will be
checked at least once each year. Each employee who drives for the
department shall sign a form acknowledging awareness of the department's
driving policies.
(c) Driver's licenses. An employee must have a valid
driver's license to drive for the department. An occupational driver's
license will be accepted if it allows the employee to perform driving
duties for the department, other than operating a commercial motor
vehicle. Employees without a valid driver's license will be removed
from all driving duties, and the supervisor will assign non-driving
duties, if available.
(d) Loss of legal authority to drive.
(1) An employee shall notify the employee's supervisor
if the employee loses the legal authority to drive as a result of
any alcohol- or drug-related driving offense or any other offense
involving alcohol or drugs, including administrative license revocation
due to multiple tickets for moving traffic violations. If the employee
fails to make this report within one day after returning to work following
the loss of legal authority to drive, the employee will be suspended
three days without pay.
(2) An employee will be terminated from the department
if the employee drives for the department after losing the legal authority
to drive as a result of any alcohol- or drug-related driving offense
or any other offense involving alcohol or drugs, including administrative
license revocation due to multiple tickets for moving traffic violations.
(e) Alcohol- and drug-related driving offenses. If
an employee has an alcohol- or drug-related driving offense, the following
procedures will be followed.
(1) An employee shall report an alcohol- or drug-related
driving offense to the employee's supervisor. If the employee fails
to make this report within one day after returning to work following
the occurrence, the employee will be suspended three days without
pay.
(2) The employee will be mandatorily referred to the
EAP and required to complete treatment.
(3) The employee will be given a letter summarizing
these actions. The employee shall acknowledge receipt by signing the
letter and returning it to the supervisor.
(4) The employee will be removed from critical duties
until the employee provides a completed return-to-work form. The employee
will be reassigned to temporary modified duties or will be required
to take sick leave, vacation leave, compensatory time, or leave without
pay. The employee will only be required to take leave without pay
if the employee has exhausted all accrued leave.
(5) An employee will be terminated from the department
after a second alcohol- or drug-related driving offense within ten
years.
(f) Final applicants.
(1) The department will not hire a final applicant
for a position that may involve driving for the department if the
final applicant has two alcohol- or drug-related driving offenses
within three years before the date of application.
(2) The department will not hire a final applicant
for a seasonal position that requires driving for the department if
the final applicant has an alcohol- or drug-related driving offense
within the three years before the date of application. A seasonal
employee will be terminated if hired in violation of this paragraph.
(3) The department will not hire a final applicant
for a position that involves driving for the department if the final
applicant has an alcohol- or drug-related driving offense within three
years before the date of application unless the final applicant agrees
to:
(A) complete treatment; and
(B) comply with the procedures described in subsection
(e) of this section.
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Source Note: The provisions of this §4.43 adopted to be effective November 21, 2002, 27 TexReg 10754; amended to be effective January 1, 2009, 33 TexReg 10053; amended to be effective March 18, 2015, 40 TexReg 1523 |