| (C) The company may consider the following factors
in determining the appropriate disciplinary response: the VSF employee'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 policy against VSF employees who voluntarily identify themselves
as drug users, obtain counseling, rehabilitation and comply with return
to duty and follow-up drug testing.
(12) Exceptions.
(A) VSF employees subject to random drug 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 VSF employee tested negative and
the negative test results are submitted to and verified by the MRO.
(B) VSF employees holding a valid towing operator license
issued by the department who are tested for drugs in accordance with
16 Texas Administrative Code Chapter 86 are exempt from this section.
(b) Independent drug testing policy.
(1) A VSF may file an independent drug testing policy.
(2) The filing must describe how the independent drug
testing policy is as stringent as each provision of the model policy
set forth in subsection (a).
(c) Compliance. A VSF must adopt and implement a drug
testing policy compliant with subsection (a) or (b).
|
| Source Note: The provisions of this §85.725 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective May 3, 2010, 35 TexReg 3482; amended to be effective January 16, 2012, 37 TexReg 112; amended to be effective August 15, 2013, 38 TexReg 5060 |
