| (A) Job applicants will be denied employment if their
initial positive pre-employment drug test results have been confirmed.
(B) If a towing operator's positive drug and alcohol
test result has been confirmed, the towing operator will stand down
from towing operation duties and may be subject to disciplinary action
up to and including termination.
(C) The company may consider the following factors
in determining the appropriate disciplinary action: the towing operator's
work history, length of employment, current work assignment, current
job performance, and existence of past disciplinary actions.
(D) No disciplinary action may be taken pursuant to
this drug and alcohol policy against towing operators who voluntarily
identify themselves as drug or alcohol users, obtain counseling, rehabilitation
and comply with return to duty and follow-up drug and alcohol testing.
(12) Exceptions.
(A) Towing operators subject to random drug and alcohol
testing under Title 49, Code of Federal Regulation, Part 40 who have
been randomly tested in the 12-month reporting period are exempt from
the annual test requirement, provided that the towing operator's tested
negative and the negative test results are submitted to and verified
by the MRO.
(B) Towing operators holding a valid Towing Operator
License issued by the department who are tested for drugs and alcohol
in accordance with 16 Texas Administrative Code Chapter 85 are exempt
from this section.
(b) Independent drug and alcohol testing policy.
(1) A towing company may file an independent drug and
alcohol testing policy.
(2) The filing must describe how the independent drug
and alcohol testing policy is as stringent as each provision of the
model policy set forth in subsection (a).
(c) Compliance. A towing company is required to adopt
and implement an alcohol and drug testing policy that complies with
subsection (a) or (b).
|
| Source Note: The provisions of this §86.710 adopted to be effective April 15, 2008, 33 TexReg 2940; amended to be effective May 3, 2010, 35 TexReg 3486; amended to be effective January 16, 2012, 37 TexReg 116 |
