| (a) Scope. Commercial drivers, safety-impact employees,
and vessel crewmembers are subject both to the requirements of this
section and to the general requirements that apply to all employees.
(b) Prohibited activities. Commercial drivers, safety-impact
employees, and vessel crewmembers shall not:
(1) report to work within four hours of consuming alcohol;
(2) report to work or remain at work while under the
influence of alcohol or drugs;
(3) consume or possess alcohol while on duty or while
driving a commercial motor vehicle;
(4) use alcohol within eight hours after an accident
or before undergoing a post-accident alcohol test, whichever comes
first;
(5) have a positive drug test result or an alcohol
test result of 0.04 or greater; or
(6) refuse to test.
(c) Testing.
(1) The department will not hire or employ a final
applicant for a position as a commercial driver, a safety-impact employee,
or a vessel crewmember unless that final applicant passes a drug test.
(A) A current employee must pass a drug test before
being transferred or promoted into a position as a commercial driver,
safety-impact employee, or vessel crewmember. If a current employee
fails that drug test, the employee will not be transferred or promoted
into the position and will be mandatorily referred to the EAP and
required to complete treatment.
(B) The department will notify a final applicant of
the results of a pre-employment drug test if the applicant requests
those results in writing within 60 calendar days after being notified
of the disposition of the employment application. The department will
also inform the applicant which drugs, if any, were verified as positive.
(C) Pre-employment inquiries for commercial drivers
and vessel crewmembers will be conducted in accordance with 49 C.F.R.
Part 40.
(2) Commercial drivers are subject to post-accident
testing if directly involved in a serious accident. Safety-impact
employees are subject to post-accident testing if directly involved
in a serious accident that occurs on a day in which the employee has
performed or will perform a safety-impact function. Vessel crewmembers
are subject to post-accident testing if directly involved in a serious
marine incident.
(A) Nothing in this section requires or permits delaying
medical attention for injured people or prohibits an employee from
leaving the scene of an accident for as long as necessary to obtain
assistance in responding to the accident or to obtain emergency medical
care.
(B) Alcohol and drug tests will be administered after
a serious accident or a serious marine incident.
(i) An alcohol test should be administered as soon
as possible after a serious accident or a serious marine incident
and preferably within two hours. If the test is not administered within
two hours, it may be administered within eight hours. In that case,
the substance control officer will record why the test was not promptly
administered.
(ii) A drug test should be administered as soon as
possible after a serious accident and in any event within 32 hours.
(iii) A drug test should be administered as soon as
possible after a serious marine incident. If a drug test is not administered
within 32 hours due to safety concerns, it may be administered as
soon as the safety concerns are addressed. If the drug test was not
administered within 32 hours, the substance control officer will record
why the test was not promptly administered.
(C) The department will rely on a breath or blood test
for the use of alcohol or a urine test for the use of drugs if it
is conducted by federal, state, or local officials having independent
authority for the test, if it conforms to applicable federal, state
or local requirements, and if the department obtains the results of
the tests.
(3) Commercial drivers, safety-impact employees, and
vessel crewmembers are subject to random alcohol and drug testing.
(A) Commercial drivers, safety-impact employees, and
vessel crewmembers will be selected for alcohol and drug testing on
a random basis so that each employee has a substantially equal chance
of selection. A commercial driver, safety-impact employee, or vessel
crewmember will be subject to the possibility of random testing as
long as the employee is employed by the department in that capacity.
The department may randomly test all commercial drivers in one or
more sections if each section is equally subject to selection, the
department may randomly test all safety-impact employees in one or
more sections if each section is equally subject to selection, and
the department may randomly test all vessel crewmembers on one vessel
as long as each vessel is equally subject to selection.
(B) The Human Resources Division will ensure that the
commercial drivers and safety-impact employees are tested annually
at a rate equal to or higher than the U.S. Department of Transportation
annual random testing rate for the Federal Motor Carrier Safety Administration
for alcohol and for drugs and vessel crewmembers are tested annually
at a rate equal to or higher than the U.S. Department of Transportation
annual random testing rate for the U.S. Coast Guard requirements for
alcohol and for drugs.
(d) Administrative and disciplinary actions.
(1) A commercial driver, safety-impact employee, or
vessel crewmember who violates subsection (b) of this section will
be subject to all potential administrative and disciplinary actions
available under this subchapter.
(2) The commercial driver, safety-impact employee,
or vessel crewmember 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.
(3) A final applicant for a position as a commercial
driver, safety-impact employee, or vessel crewmember will not be hired
if the final applicant has engaged in conduct that would violate subsection
(b) of this section and has not received the equivalent of the required
treatment. A commercial driver, safety-impact employee, or vessel
crewmember will be terminated from the department if it is determined
that at the time of hire, the applicant had engaged in conduct that
would violate subsection (b) of this section and had not received
the equivalent of the required treatment.
(e) Education. Each commercial driver, safety-impact
employee, vessel crewmember, and supervisor of an employee in any
of those categories will receive training on indications of alcohol
or drug use and on the effects of alcohol and drug use on personal
health, safety, and the work environment.
(f) Additional reporting requirements for vessel crewmembers.
(1) If a vessel crewmember receives a positive drug
test result, the substance control officer shall report it in writing
to the nearest Coast Guard Officer in Charge, Marine Inspection.
(2) A vessel crewmember who has received a positive
drug test result may not perform vessel crewmember duties until found
by the medical review officer to be drug free and to pose a sufficiently
low risk for further illegal drug use and the requirements of 46 C.F.R.
Part 5 have been satisfied. The employee must agree to follow-up testing
determined by the medical review officer for an additional period
of up to 60 months.
|
