Abc, Inc. Drug & Alcohol Testing Policy

ABC, INC. DRUG & ALCOHOL TESTING POLICY

The Federal Motor Carrier Safety Administration(FMCSA) requires that ABC, INC. have a Designated Employer Representative(DER). The DER is an employee authorized by ABC, INC. to take immediate action(s) to remove employees from safety-sensitive duties and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for ABC, INC. from our collection facilities, MRO, and laboratories. ABC, INC. has designated <INSERT NAME> as the Designated Employer Representative.

ABC, INC. has adopted the FMCSA regulations in Part 40 and Part 382 as their minimum standards for drug and alcohol testing. ABC, INC. retains the right to have standards that are stricter than the FMCSA regulations, any such standards will be outlined in this company policy and communicated to the employees and independent contractors of ABC, INC.

Violation of any of the rules Part 40 or 382 is strictly prohibited. The FMCSA states very specifically what the consequences for violating these rules are. The prohibited conduct and the consequences are outlined in the ABC, INC. Driver Information Guide to Alcohol and Controlled Substance Testing.

If an employee or independent contractor of ABC, INC. violates the rules of Part 382 or Part 40 of the FMCSA, ABC, INC. is not obligated to retain the services of or hold a position for such employee or independent contractor. Upon the receipt of a confirmed positive controlled substance or alcohol test result or upon refusal to take a test, ABC, INC. will terminate the employee or cancel the independent contractor’s lease agreement immediately.

ABC, INC. does retain the right to rehire a driver after the required steps have been taken that are outlined in the FMCSA return to duty requirements, all SAP recommendations have been successfully completed, and documentation has been received. ABC, INC. is not obligated to rehire, but will evaluate each case based on the driver’s past performance and any other information presented.

Use or possession of alcohol or illegal drugs is strictly prohibited on company property or in company or leased vehicles. Violations of this policy will result in immediate termination and/or cancellation of your lease. Failure of a breath alcohol test or drug test administered by a law enforcement officer while operating equipment under the authority of ABC, INC. will result in immediate termination and/or canceling of your contract. This applies even if the test conducted does not fall under the DOT testing rules.

All drivers operating under the authority of ABC, INC. shall inform ABC, INC. of any medications that they are taking while performing safety-sensitive duties. Any medication, either prescription or over-the-counter, that could adversely effect your ability to operate a commercial motor vehicle are prohibited. *Note – if you take a medication that is prescribed to someone else or was prescribed to you for another purpose and you have a positive test result on a controlled substance test – the test will be ruled as a positive test and you will be subject to the evaluation and return to duty requirements of the regulations.

In the event that ABC, INC. receives a controlled substance test result that is “dilute negative” the driver will as soon as possible be sent for another test. This option is allowed under Part 40.197(b) of the FMCSA. Once notified, the driver must proceed immediately to the collection facility and submit a new specimen for testing. The split testing option cannot be exercised as a substitute for submitting a second specimen. If the driver refuses to submit to a second test, this will be ruled as a refusal to test and the driver will be subject to the consequences associated with such a violation. The results of the second test will be the test of record. For example if the second test is negative then a negative result will be recorded. If the second test is positive then a positive result will be recorded. If the second result is dilute negative again, the negative result will stand, and no other tests can be required.

In the event that a violation of these regulations occurs, ABC, INC. has an obligation to refer you to a Substance Abuse Professional (SAP) to be evaluated and receive the appropriate treatment and or education. If a violation occurs, a list of names, addresses, and telephone numbers of SAPs in the area will be given to you to fulfill ABC, INC.’s obligation. Any cost associated with the referral and return to duty process will be the responsibility of the driver.

In the event that any ABC, INC. driver is involved in an accident, said driver must notify ABC, INC. immediately. ABC, INC. will instruct the driver as to whether a post-accident test is required or not. The post-accident testing requirements are listed in the Driver Information Guide. It is the driver’s responsibility to notify ABC, INC. and to make him/herself available for post-accident testing under FMCSA regulations. Do to time constraints involving post-accident testing, it is very important that the driver notify ABC, INC. immediately so that if necessary the testing process can be initiated. If a driver fails to notify ABC, INC. or fails to make him/herself available for post-accident testing when it is required under the FMCSA regulations, ABC, INC. will consider this a refusal to test unless there is a valid reason that prohibited the driver from fulfilling his/her obligation.

If a driver is contacted by the Medical Review Officer(MRO) and told that a controlled substance test has been ruled as positive, the driver does have the right to request a split test. The driver has 72 hours from the time of notification to exercise this option. If he/she chooses, they can request that the second vile of their urine specimen be sent to a different laboratory for testing. If this option is exercised, there is an additional cost involved. If the driver cannot pay for the split test, ABC, INC. has an obligation to make sure that the test is still conducted. If ABC, INC. has to pay for the test to insure that the driver’s rights are protected, then ABC, INC. will take action to collect the money from the driver up to and including legal action.

If a drivers commits any action that is described as a refusal to test in FMCSR Part 40.191 or 40.261 that driver will immediately be removed from performing any safety sensitive functions and referred to a SAP. The consequences of a refusal to test are the same as those for a positive test result. Any refusal to test will result in immediate termination or cancellation of the lease agreement. In addition, as required by FMCSA regulations, ABC, INC. will report this information to all future employers who present the proper release form.

CERTIFICATE OF RECEIPT

I hereby certify by my signature below that ABC, INC. has given me a copy of their drug and alcohol testing policy. I further certify that I have read and understand these policies and agree to abide by them.

Date: ____ / ____ / ____

Driver

Name: ______

FirstMILast

Signature: ______