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This policy sets standards for Dartmouth drivers who must have a commercial driver's license to perform duties that are considered safety-sensitive and are subject to alcohol and/or substance abuse testing as required by Title 49 Code of Federal Regulations Part 382.
The safety and well-being of our drivers, employees, and the public requires that our drivers perform their duties free from the effects of alcohol and/or drugs. To ensure safe transportation and provide for an efficient and drug-free workplace while complying with the Federal Motor Carrier Safety Regulations, Transportation Services has adopted this policy.
Transportation Services has been designated as the Alcohol/Drug Testing program administrator for Dartmouth employees required to hold a commercial driver's license (CDL).
The Program Administrator will handle information on all tests of covered drivers confidentially. The Program Administrator may provide such information as necessary to Human Resources and direct supervisors to enable disciplinary action as warranted.
Drivers Subject to Testing
All drivers who must have a commercial driver's license to perform duties that are considered safety-sensitive, will be subject to the alcohol and/or drug testing as outlined in this policy and required by Title 49 Code of Federal Regulations Part 382.
Driver Compliance with Regulation
All drivers subject to alcohol and drug testing must always follow the regulations and this policy while working for Dartmouth. This will include all time spent driving a commercial vehicle as well as time spent performing safety-sensitive functions or just before or just after performing safety-sensitive functions.
Safety-Sensitive Function means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include:
Substances Tested For (DOT 5- Panel Test and Alcohol)
The following substances will be tested for to determine their presence:
During the time that drivers are performing safety-sensitive functions, they shall not:
Tests Required, Return to Duty and Follow-up
All drivers who are required to be tested for alcohol and/or controlled substance use or misuse will be tested under the following circumstances:
Dartmouth has chosen NHMTA/VTBA and FLEET SCREEN as our drug and alcohol program consortium provider and Certified Third-Party Administrator. The collection site will be chosen by Transportation Services from a list of current collection sites maintained by NHMTA.
Once a driver has been directed to submit to an alcohol and/or controlled substance test, he/she will proceed immediately to the testing location. If a driver is directed for testing based on reasonable suspicion, the supervisor should accompany the employee to the testing site. Drivers must comply with the lawful requests of the technician doing the alcohol and/or controlled substance test.
The selected driver will be required to provide a urine specimen for controlled substance testing and/or a breath or saliva sample for analysis of alcohol concentration.
The driver will be required to provide photo identification prior to testing. Privacy will be ensured at the facility by means of voiding in a private enclosure. A split sample will be procured and both samples will be sent to the lab.
Proper chain of custody procedures will be followed to ensure that the specimen submitted is indeed the specimen that belongs to the selected driver. The specimen will be sealed to prevent tampering during transport to the laboratory. Federal certified laboratories will be utilized for testing (drugs) and two separate methodologies will be performed to verify all specimens as positive prior to controlled substances reporting to the medical review office (MRO).
The MRO is a licensed physician that reviews all test results prior to reporting to the company. Should the specimen test positive, the MRO will contact the driver to discuss the test findings and afford the driver an opportunity to discuss his/her test results and any factors that could have attributed to the positive test. Should the driver question the test findings, the driver can request that the split sample be forwarded to another certified laboratory for re-analysis.
All test results are treated confidentially, and no results will be released to outside parties without the drivers express consent or when required by law, rule or regulation or expressly authorized.
All testing for alcohol use or misuse will be conducted only by devices that have been approved by the National Highway Traffic Administration and conducted by trained Breath Alcohol Technicians (BATs) or trained Screening Test Technicians.
Drivers Must Submit
All drivers who are required by Federal Motor Carrier Safety Regulations and this policy to be subjected to alcohol and/or controlled substances testing must fulfill that requirement when so directed by Transportation Services or a trained supervisor. Failure to comply with the regulations or this policy will be grounds for disciplinary action up to and including dismissal.
Clearinghouse Reporting Required
The Clearinghouse is a secure online database that gives employers real-time information about commercial driver's license (CDL) drug and alcohol program violations.
Drivers must provide general consent for Transportation Services to conduct a limited query of Clearinghouse records to determine whether drug or alcohol violations exist at the time of job offer with the offer contingent upon records satisfactory to Transportation Services. Consent allowing Transportation Services to conduct a query of Clearinghouse records must also be provided upon request at any time during the duration of employment. See addendum A for additional details.
Drivers should be aware that Transportation Services is required to collect, maintain, and report certain information to the Clearinghouse as well:
Refusal to Test
No driver shall refuse to submit to a post-accident alcohol or controlled substances test required under §382.303, a random alcohol or controlled substances test required under §382.305, a reasonable suspicion alcohol or controlled substances test required under §382.307, or a follow-up alcohol or controlled substances test required under §382.311. No employer shall permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.
Refuse to submit (to an alcohol or controlled substances test) means that a driver:
Substance Abuse Professional (SAP): A third-party who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare. The consortium assists in identifying an SAP and is paid for by the employee.
Commercial Driver's License: Overview and guide materials are available online from the Federal Motor Carrier Safety Administration and the State of New Hampshire that define circumstances when a commerical driver's license is required.
Any driver who violates either the Federal Motor Carrier Safety Regulations or this policy may be subject to disciplinary action up to and including dismissal.
Any driver who has tested positive for either drugs or alcohol, has performed a prohibited act, or has refused to submit to a drug or alcohol test, will be removed from the safety sensitive position immediately and directed to a substance abuse professional. The substance abuse professional will: