Drug & Alcohol Policy 2018
Rochester City Lines/Richfield Bus Company
Effective as of 01/01/2018
Adopted by: Stan Holter (General Manager-Richfield Bus Company)
Adopted by: Daniel Holter (General Manager-Rochester City Lines)
Date Adopted: 11/14/2017
Last Revised: 04/01/2014
Table of Contents
This policy complies with 49 CFR Part 655, as amended, 49 CFR Part 382, as amended, and 49 CFR Part 40, as amended. Copies of Parts 655, 382, and 40 are available in the drug and alcohol program manager’s office and can be found on the Internet at the Department of Transportation (DOT) Office of Drug and Alcohol Policy and Compliance website http://www.transportation.gov/odapc.
All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with these regulations.
In addition, DOT has published 49 CFR Part 29, implementing the Drug-Free Workplace Act of 1988, which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses.
All Rochester City Lines/Richfield Bus Company employees are subject to the provisions of the Drug-Free Workplace Act of 1988.
The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace. An employee who is convicted of any criminal drug statute for a violation occurring in the workplace shall notify the Human Resources Director or DAPMs no later than five days after such conviction.
This policy applies to every person whose position requires the possession of a commercial driver’s license (CDL); every employee performing a “safety-sensitive function” as defined below, and any person applying for such positions.
Under FMCSA (Part 382), you are a covered employee if you perform any of the following safety-sensitive functions:
Listed below are the job titles of those that perform safety-sensitive job functions:
Accident. An occurrence associated with the operation of a vehicle, if as a result:
Adulterated specimen. A specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine.
Alcohol. The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols contained in any beverage, mixture, mouthwash, candy, food, or medication.
Alcohol Concentration. Expressed in terms of grams of alcohol per 210 liters of breath as measured by a breath-testing device.
Canceled Test. A drug or alcohol test that has been declared invalid by a Medical Review Officer. A canceled test is neither positive nor negative.
Commercial Driver’s License (CDL). Vehicles with sixteen or more passengers (including the driver) are considered a commercial motor vehicle, which requires the driver to have a commercial driver’s license to operate that vehicle.
Covered Employee. An employee who performs a safety-sensitive function including an applicant or transferee who is being considered for hire into a safety-sensitive function (see the SAFETY-SENSITIVE FUNCTIONS section of this policy for a list of covered positions).
Designated Employer Representative (DER). An employee authorized by the employer to take immediate action to remove employees from safety-sensitive duties and to make required decisions in testing. The DER also receives test results and other communications for the employer, consistent with the requirements of 49 CFR Parts 655 and 40, as amended.
Department of Transportation (DOT). Department of the federal government which includes the US Coast Guard, Federal Transit Administration, Federal Railroad Administration, Federal Highway Administration, Federal Motor Carrier Safety Administration, Federal Aviation Administration, Pipeline and Hazardous Material Safety Administration, National Highway Traffic Safety Administration, and the Office of the Secretary of Transportation.
Dilute specimen. A specimen with creatinine and specific gravity values that are lower than expected for human urine.
Disabling damage. Damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated, but would have been further damaged if so operated. It does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, mirrors or windshield wipers that make them inoperative.
Evidentiary Breath Testing Device (EBT). A Device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath at the 0.02 and the 0.04 alcohol concentrations. Approved devices are listed on the NHTSA conforming product list.
Medical Review Officer (MRO). A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the drug testing program who has knowledge of substance abuse disorders, and has appropriate medical training to interpret and evaluate an individual’s confirmed positive test result, together with his/her medical history, and any other relevant bio-medical information.
Negative Dilute. A drug test result which is negative for the five drug/drug metabolites, but has creatinine and specific gravity values lower than expected for human urine.
Negative test result. A verified presence of the identified drug or its metabolite below the minimum levels or absence of same as specified in 49 CFR Part 40, as amended. An alcohol concentration of less than 0.02 BAC is a negative test result.
Non-negative drug test result. A test result found to be adulterated, substitute, invalid, or positive for drug metabolites. Non-negative results are considered a positive test or refusal to test if MRO cannot determine legitimate medical explanation.
Performing a safety-sensitive function. A covered employee is considered to be performing a safety-sensitive function and includes any period in which he or she is actually performing, ready to perform, or immediately available to perform such functions.
Positive test result. A verified presence of the identified drug or its metabolite at or above the minimum levels specified in 49 CFR Part 40, as amended. A positive alcohol test result means a confirmed alcohol concentration of 0.04 BAC or greater.
Prohibited drug. Marijuana, Cocaine, Opioids (opium and codeine derivatives), Amphetamines, Phencyclidine (PCP) at levels above the minimum thresholds specified in 49 CFR Part 40, as amended.
Substance Abuse Professional (SAP). A licensed physician (medical doctor or doctor of osteopathy) or state licensed or certified family and marriage therapist, psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/Alcohol and other Drug Abuse) with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol related disorders.
Substituted specimen. A specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine.
Verified negative drug test. A drug test result reviewed by a medical review officer and determined to have no evidence of prohibited drug use above the minimum cutoff levels established by the Department of Health and Human Services (DHHS).
Verified positive drug test. A drug test result reviewed by a medical review officer and determined to have evidence of prohibited drug use above the minimum cutoff levels specified in 49 CFR Part 40, as amended.
Validity testing. The evaluation of the specimen to determine if it is consistent with normal human urine. The purpose of validity testing is to determine whether certain adulterants of foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted.
Use of illegal drugs is prohibited at all times. All covered employees are prohibited from reporting for duty or remaining on duty any time there is a quantifiable presence of a prohibited drug in the body above the minimum thresholds defined in Part 40. Prohibited drugs include:
All covered employees are prohibited from performing or continuing to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
All covered employees are prohibited from consuming alcohol while performing safety-sensitive job functions or while on-call to perform safety-sensitive job functions. If an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. If the on-call employee claims the ability to perform his or her safety-sensitive function, he or she must take an alcohol test with a result of less than 0.02 prior to performance.
All covered employees are prohibited from consuming alcohol within four (4) hours prior to the performance of safety-sensitive job functions.
All covered employees are prohibited from consuming alcohol for eight (8) hours following involvement in an accident or until he or she submits to the post-accident drug and alcohol test, whichever occurs first.
Rochester City Lines/Richfield Bus Company reserves the right to additional Drug &/or Alcohol tests for employees covered under this policy by testing under its own authority.
Following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the employee will be immediately removed from safety-sensitive duty and referred to a Substance Abuse Professional (SAP).
Per Rochester City Lines/Richfield Bus Company policy, any employee who tests positive for drugs or alcohol (BAC at or above 0.04) or refuses to test will be referred to a Substance Abuse Professional (SAP) and terminated from employment.
Pre-employment alcohol tests are conducted after making a contingent offer of employment or transfer. All pre-employment alcohol tests will be conducted using the procedures set forth in 49 CFR Part 40.
A negative pre-employment drug test result is required before an employee can first perform safety-sensitive functions. If a pre-employment test is cancelled, the individual will be required to undergo another test and successfully pass with a verified negative result before performing safety-sensitive functions.
If a covered employee has not performed a safety-sensitive function for 90 or more consecutive calendar days, and has not been in the random testing pool during that time, the employee must take and pass a pre-employment test before he or she can return to a safety-sensitive function.
A covered employee or applicant who has previously failed or refused a DOT pre-employment drug and/or alcohol test must provide proof of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements.
Drug Testing Exceptions
A driver is not required to undergo a pre-employment test if:
All covered employees shall be subject to a drug and/or alcohol test when Rochester City Lines/Richfield Bus Company has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. A reasonable suspicion referral for testing will be made by a trained supervisor or other trained company official on the basis of specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee.
Covered employees may be subject to reasonable suspicion drug testing any time while on duty. Covered employees may be subject to reasonable suspicion alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions.
Covered employees shall be subject to FMCSA post-accident drug and alcohol testing under the following circumstances:
As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee who was performing safety-sensitive functions with respect to the vehicle.
As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and not involving the loss of a human life, an alcohol test will be conducted on each driver who receives a citation within eight (8) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if:
As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and not involving the loss of a human life, a drug test will be conducted on each driver who receives a citation within thirty-two (32) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if:
A covered employee subject to post-accident testing must remain readily available, or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
Random drug and alcohol tests are unannounced and unpredictable, and the dates for administering random tests are spread reasonably throughout the calendar year. Random testing will be conducted at all times of the day when safety-sensitive functions are performed.
Testing rates will meet or exceed the minimum annual percentage rate set each year within each DOT agency. The current year testing rates can be viewed online at http://www.transportation.gov/odapc/random-testing-rates. If a given driver is subject to random testing under the rules of more than one DOT agency, the driver will be subject to random drug and alcohol testing at the annual percentage rate established by the DOT agency regulating more than 50% of the driver’s function.
The selection of employees for random drug and alcohol testing will be made by a scientifically valid method, such as a random number table or a computer-based random number generator. Under the selection process used, each covered employee will have an equal chance of being tested each time selections are made.
A covered employee may only be randomly tested for alcohol misuse while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty.
Each covered employee who is notified of selection for random drug or random alcohol testing must immediately proceed to the designated testing site.
Any employee who is allowed to return to safety-sensitive duty after failing or refusing to submit to a DOT drug and/or alcohol test must first be evaluated by a substance abuse professional (SAP), complete a SAP-required program of education and/or treatment, and provide a negative return-to-duty drug and/or alcohol test result. All tests will be conducted in accordance with 49 CFR Part 40, Subpart O.
Employees returning to safety-sensitive duty following leave for substance abuse rehabilitation will be required to undergo unannounced follow-up alcohol and/or drug testing for a period of one (1) to five (5) years, as directed by the SAP. The duration of testing will be extended to account for any subsequent leaves of absence, as necessary. The type (drug and/or alcohol), number, and frequency of such follow-up testing shall be directed by the SAP. All testing will be conducted in accordance with 49 CFR Part 40, Subpart O.
If there is a negative dilute test result, Rochester City Lines/Richfield Bus Company will conduct one additional retest. The result of the second test will be the test of record.
Dilute negative results with a creatinine level greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL require an immediate recollection under direct observation (see 49 CFR Part 40, section 40.67).
In the event of a verified positive test result, or a verified adulterated or substituted result, the employee can request that the split specimen be tested at a second laboratory. Rochester City Lines/Richfield Bus Company guarantees that the split specimen test will be conducted in a timely fashion. If the result of the split specimen is negative, Rochester City Lines/Richfield Bus Company will bear the cost for the split sample testing. If the specimen split tests positive, Rochester City Lines/Richfield Bus Company will seek reimbursement for the cost of the split sample test from the employee.
As a covered employee, you have refused to test if you:
As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.
As a covered employee, if you refuse to take a drug and/or alcohol test, you incur the same consequences as testing positive and will be immediately removed from performing safety-sensitive functions, and referred to a SAP.
Any covered employee who has a drug and/or alcohol abuse problem and has not been selected for reasonable suspicion, random or post-accident testing or has not refused a drug or alcohol test may voluntarily refer her or himself to the DAPM or Human Resources Director, who will refer the individual to a substance abuse counselor for evaluation and treatment.
The substance abuse counselor will evaluate the employee and make a specific recommendation regarding the appropriate treatment. Employees are encouraged to voluntarily seek professional substance abuse assistance before any substance use or dependence affects job performance.
Any safety-sensitive employee who admits to a drug and/or alcohol problem will immediately be removed from his/her safety-sensitive function until successful completion of a prescribed rehabilitation program. Prior to participating in a safety-sensitive function, the employee must also undergo a DOT return-to-duty drug test with a verified negative result and/or a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02.
The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to the Company’s DAPM or Human Resources Director. Medical advice should be sought, as appropriate, while taking such medication and before performing safety-sensitive duties
while staying compliant with the Company’s Prescription and Over-The-Counter Drug Policy.
DRUG AND ALCOHOL PROGRAM MANAGER (DAPM) AND DESIGNATED EMPLOYER REPRESENTATIVE’s (DER)
Any questions regarding this policy or any other aspect of the substance abuse program should be addressed to the following personnel:
Drug and Alcohol Program Manager and Designated Employer Representative:
Human Resources Director
1825 N. Broadway
Rochester, MN 55906
DER (Designated Employer Representative)
RCL Operations Supervisor
RBC Operations Supervisor
9237 Grand Avenue South
Bloomington, MN 55420
MEDICAL REVIEW OFFICER
Dr. Natalie Hartenbaum
Medical Review Officer
100 Highpoint Drive, Suite 102,
Chalfont, PA 18914
(800) 732-3784 or (215) 396-5500
SUBSTANCE ABUSE PROFESSIONAL
Roger Eichman MS, LP, SW, DACL, SAP
SAP – Substance Abuse Professional
Center for Effective Living
1027 7th Street NW Suite 1
Rochester, MN 55901
Jerry Peters BA, LADC, LSW, SAP
RiverRidge Treatment Center
1510 E. 122nd St
Burnsville, MN 55337
651-645-7558 or 888-645-5311
DHHS CERTIFIED LABORATORY
402 W County Rd. D
St. Paul, MN. 55112
(800) 832-3244 or 651-636-7466
LabOne Inc/Quest Diagnostics
10101 Renner Blvd.
Lenexa, KS 66219-9752
Alcohol is a socially acceptable drug that has been consumed throughout the world for centuries. It is considered a recreational beverage when consumed in moderation for enjoyment and relaxation during social gatherings. However, when consumed primarily for its physical and mood-altering effects, it is a substance of abuse. As a depressant, it slows down physical responses and progressively impairs mental functions.
Signs and Symptoms of Use
(Note: Except for the odor, these are general signs and symptoms of any depressant substance.)
The chronic consumption of alcohol (average of three servings per day of beer (12 ounces), whiskey (1 ounce), or wine (6 ounce glass) over time may result in the following health hazards:
The Annual Toll
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Signed by Michael Rizzo
Signed On: 10/17/2019
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Document Name: Drug & Alcohol Policy 2018
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