Drug and Alcohol Policy
Drug and Alcohol Policy
SILVERRIDE LLC is dedicated to providing a safe, dependable service to its clients.
SILVERRIDE LLC employees are our most valuable resource. This policy is
inclusive of all agreements for transportation services for which SILVERRIDE LLC is under contract.
This policy complies with 49 CFR Part 655, as amended and 49 CFR Part 40, as amended. Copies of Parts 655 and 40 are available in the drug and alcohol program manager’s office and can be found on the internet at the Federal Transit Administration (FTA) Drug and Alcohol Program website:
It is our policy to:
- Take appropriate action to assure that employees are not impaired in their ability to perform their assigned duties in a safe, productive and healthy manner
- Promote and maintain drug and alcohol free environment for all employees and the general public
- Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances
Additionally, the purpose of this policy is to establish guidelines to maintain a drug and alcohol-free workplace in compliance with the Drug-Free Workplace Act of 1988. This policy is intended to comply with all applicable Federal regulations governing workplace anti-drug and alcohol programs in the transit industry.
Specifically, the Federal Transit Administration (FTA) of the U.S. Department of
Transportation has published 49 CFR Part 655, as amended, that mandates urine drug testing and breath alcohol testing for safety-sensitive positions, and prohibits performance of safety sensitive functions when there is a positive test result.
The U.S. Department of Transportation (USDOT) has also published 49 CFR Part 40, as amended, that sets standards for the collection and testing of urine and breath specimens.
Compliance with SILVERRIDE LLC’s Drug and Alcohol Policy requirements is a
condition of employment. Under this policy, covered employees will be tested for drugs and alcohol pursuant to 49 C.F.R. Part 40 and 49 C.F.R. Part 655 in the following circumstances:
- Reasonable suspicion
- Post- accident
As a “zero tolerance” employer, any positive drug or alcohol (BAC at or above 0.04) tests will be referred to a Substance Abuse Professional (SAP) and terminated from employment.
Unless specifically set forth otherwise, the following terms are defined pursuant to 49 C.F.R. Part 40
Accident -as defined by the FTA in 49 C.F.R. 655.4 is an occurrence associated with the operation of a vehicle, if as a result:
- An individual dies
- An individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident
- The vehicle involved is a van or automobile in which one or more of the vehicles involved incur(s) disabling damage (as defined below) as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle.
Adulterated Specimen or Test -A specimen that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance.
Alcohol -The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl or isopropyl alcohol, that are contained in any beverage mixture, mouthwash, candy, food preparation or medication.
Alcohol Concentration -The alcohol in a volume of breath expressed in terms of gram alcohol per 210 liters of breath as measured by an evidential breath-testing device.
Alcohol Confirmation Test -A subsequent test using an Evidential Breath Testing Device (EBT), following a screening test with a result of 0.02 or greater that provides quantitative data about the alcohol concentration.
Alcohol screening device (ASD) -A breath or saliva device, other than an EBT, that is approved by the National Highway Traffic Safety Administration (NHTSA) and appears on ODAPC’s web page for “Approved Screening Devices to Measure Alcohol in Bodily Fluids” because it conforms to the model specifications from NHTSA.
Alcohol Use -The drinking or swallowing of any beverage, liquid, mixture or preparation, including any medication, containing alcohol.
Cancelled Test -A drug or alcohol test that has a problem identified that cannot be or has not been corrected. In drug testing, a drug test that has been declared cancelled by a Medical Review Officer. It is neither a verified positive nor negative test, and includes a specimen rejected for testing by a laboratory. In alcohol testing, a test that is deemed cancelled under the criteria found in 49 CFR Part 40.267 or269.
Collector -A person who instructs and assists employees at a collection site, who receives and makes an initial inspection of the specimen provided by those employees, and who initiates and completes the Custody and Control Form (CCF).
Confirmed Drug Test . A confirmation test result received by an MRO from a laboratory.
Contractor -A person or organization that provides a service for a recipient, sub-recipient, employer or operator consistent with a specific understanding or arrangement. The understanding can be a written contract or an informal arrangement that reflects an ongoing relationship between the parties. All contractors performing a safety sensitive function, as described by item number (4) of the definition of Safety Sensitive Function in 49 CFR 655.4, are required to have a drug and alcohol testing program and must certify compliance with all FTA and DOT rules and regulations.
Controlled Substance -Defined by 21 U.S.C. 802 and includes all substances listed on Schedules I through V as they may be revised from time to time (21 CFR 1301-1316). It also includes illicit drugs, drugs that are required to be distributed only by a medical practitioner’s prescription or other authorization, and certain preparations for which distribution is documented through over-the-counter sales.
Covered Employee -A person, including an applicant or transferee, who performs or will perform a safety-sensitive function for the employer.
Criminal Drug Statute -A federal or state criminal statute involving the manufacture, distribution, dispensing, use or possession of any controlled substance.
Department of Health and Human Services(HHS or DHHS)-The United States Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services.
Department of Transportation (DOT)-United States Department of Transportation.
Department of Transportation Agency-An agency (or “operating administration”) of the United States Department of Transportation administering regulations requiring drug and alcohol testing.
Designated Employer Representative (DER)-An employee authorized by the employer to initiate immediate action(s) 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 40 and 655.The DER for SILVERRIDE LLC is the senior management official responsible for Medical Services or his/her designate.
Dilute Specimen-A urine specimen with creatinine and specific gravity levels that are lower than expected for human urine. Generally, a specimen is considered diluted if the creatinine concentration is greater than 2 md/dL but less than 20 mg/dL, and the specific gravity is greater than 1.0010 but less than 1.0030.
Disabling Damage-Damage that precludes departure of any vehicle from the scene of the occurrence in the usual manner in daylight after simple repairs. It includes damage to vehicles that could have been operated but would have been further damaged, if so operated, but does not involve 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 or windshield wipers that makes them inoperative.
Drug-The drugs for which tests are required under this part and DOT agency regulations are marijuana, cocaine, amphetamines, phencyclidine (PCP), and opioids.
Drug and Alcohol Testing Technician (DATT)-A person who has successfully completed training as a collector as required by 49 CFR Part 40.
Employee-An individual designated as subject to drug and/or alcohol testing under this policy. “Employee”, “individual”, “covered employee,” “individual to be tested” and “donor” have the same meaning for purposes of this policy.
Employer-A recipient, including state recipients, who receives equipment or funding or other entity that provides transportation services or which performs a safety-sensitive function for such recipient or other entity. This term includes sub-recipients, operators, grantees and contractors.
Evidential Breath Testing Device (EBT) A device that is approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath at the .02 and .04 alcohol concentrations and appears on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices” because it conforms with the model specifications available from NHTSA.
Final Applicant-An applicant who has received a conditional offer of employment.
Federal Transit Administration (FTA)-An agency within the US Department of Transportation (USDOT) responsible for the administration of transit related programs and funds.
Invalid Drug Test-The result reported by an HHS-certified laboratory in accordance with the criteria established by HHS Mandatory Guidelines when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity test.
Laboratory-Any U.S. laboratory certified by HHS under that National Laboratory Certification Program as meeting the minimum standard as Subpart C of the HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs.
Limit of Detection (LOD)-The lowest concentration at which a measurement can be identified, but (for quantitative assays) the concentration cannot be accurately calculated.
Limit of Quantitation-For quantitative assays, the lowest concentration at which the identity and concentration of the measurement can be accurately established.
Medical Review Officer (MRO)-An MRO shall be a licensed physician 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 drug test together with his or her medical histories and any other relevant biomedical information.
Negative Result-The result reported by an HHS-certified laboratory to an MRO when a specimen contains no drug or the concentration of the drug is less than the cutoff concentration for the drug or drug class and the specimen is a valid specimen.
Non-negative Specimen-A urine specimen that is reported as adulterated, substituted, positive (for drug(s) or drug metabolite(s)), and/or invalid.
Office of Drug and Alcohol Policy and Compliance (ODAPC). The office in the Office of the Secretary, DOT, that is responsible for coordinating drug and alcohol testing program matters within the Department and providing information concerning the implementation of this part.
Performing a Safety-Sensitive Function-Any period in which a covered employee is actually performing, ready to perform, or immediately available to perform safety sensitive function. Positive Alcohol Test-A confirmation test with an alcohol concentration result of 0.040 or greater.
Positive Result-The result reported by an HHS-certified laboratory when a specimen contains a drug or drug metabolite equal to or greater than the cutoff concentrations.
Possess-To have on one’s person or in one’s personal effects or under one’s control.
Prohibited Drug-Marijuana, cocaine, opioids, phencyclidine, amphetamines, ecstasy, and /or any other drug for which an employer must test under 49 C.F.R. 655.21 as may be amended.
Recipient-A person that receives Federal financial assistance under 49 U.S.C. 5307, 5309 or 5311 directly from the federal government.
Refusal to Submit to a Test-Means any circumstance outlined in 49 C.F.R. Parts 40.191 and 40.261 as is more specifically defined in the Standards of Conduct, subsection VIII below.
Revenue Service Vehicle-A vehicle used to transport passengers, including a bus, van, or car.
Safety-Sensitive Functions include any of the following duties:
• Operating a revenue service vehicle, including when not in revenue service
• Operating a non-revenue service vehicle when such vehicle is required to be operated by a holder of a Commercial Driver’s License
• Controlling dispatch or movement of a revenue service vehicle
• Maintaining a revenue service vehicle or equipment used in revenue service
• Carrying a firearm for security purposes.
SILVERRIDE LLC-Shall mean the SILVERRIDE LLC Corporation (the “corporation”) and any public or private entity acquired, owned, or operated by the corporation. For purposes of this policy, SILVERRIDE LLC is an employer.
SILVERRIDE LLC Property-Any administrative or office building(s), facility(ies), project site(s), terminal(s), garage(s) or yard(s) that is either leased or owned by the corporation.
Split Specimen-In drug testing, a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported toa second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result.
Subject to Duty-Any time period an employee is required to be available to report for duty or reporting to duty.
Substance Abuse Professional (SAP)-A person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.
Substituted Specimen or Test-A urine specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine (i.e., a creatinine concentration less than 2 mg/dL and specific gravity less than or equal to 1.0010 or greater than or equal to 1.0200).
Supervisor-An officer, special agent official, representative or anyone acting in an official capacity whether employed or not directly employed by SILVERRIDE LLC, who is responsible for supervising or monitoring the conduct or performance of one or more SILVERRIDE LLC employees.
Test Refusal: The following are considered a refusal to test if the employee:
- Fails to appear for any test (excluding pre-employment) within a reasonable time, as determined by the employer, after being directed to do so by the employer
- Fails to remain at the testing site until the testing process is complete
- Fails to provide a urine or breath specimen for any drug or alcohol test required by Part 40 or DOT agency regulations
- In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of your provision of a specimen
- Fails to provide a sufficient amount of urine or breath when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure
- Fails or declines to take a second test the employer or collector has directed you to take
- Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER as part of the “shy bladder” or “shy lung” procedures
- Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process)
- If the MRO reports that there is verified adulterated or substituted test result
- Failure or refusal to sign required forms
- Failure to follow the observer’s instructions during an observed collection including instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process
- Possess or wear a prosthetic or other device that could be used to interfere with the collection process
- Admit to the collector or MRO that you adulterated or substituted the specimen
Testing Site-The area where the DATT started the alcohol and/or drug testing process and where the DATT has a clear and unobstructed view of the employee being tested and/or the private and controlled area where the employee provides a urine sample for a drug test.
USDOT -The USDOT is the abbreviation for the United States Department of Transportation. It is also abbreviated as DOT. The USDOT is a federal agency of the U.S. concerned with transportation. It was established by an act of Congress on October 15, 1966. It began its operation on April 1, 1967. The USDOT is administered by the United States Secretary of Transportation.
Validity Testing-Specimen validity testing is the evaluation of a specimen to determine if it is consistent with normal human urine. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted or if the specimen was substituted.
Vehicle-A car, van or other automobile that is used for transporting people or things.
Verified Negative Drug Test Result-A drug test result reviewed by an MRO and determined to have no evidence of prohibited drug use.
Verified Positive Drug Test Result-A drug test result reviewed by an MRO and determined to have evidence of prohibited drug use.
Workplace-Any location, including but not limited to, equipment, garages, offices or vehicles, whether owned, leased or operated by SILVERRIDE LLC, where SILVERRIDE LLC business is conducted or where SILVERRIDE LLC job duties are performed.
This policy applies to every person, including an applicant or transferee, who performs or will perform a “safety-sensitive function” as defined in Part 655, section 655.4.
3.0 COVERED EMPLOYEES
You are a covered employee if you perform any of the following:
• Operating a revenue service vehicle, in or out of revenue service
• Operating a non-revenue vehicle requiring a commercial driver’s license
• Controlling movement or dispatch of a revenue service vehicle
The following job titles are considered “covered positions”:
• Travel Concierge • Road Supervisor
• Dispatch & Routing Manager
Compliance with SILVERRIDE LLC’s Drug and AlcoholPolicy requirements is a condition of employment for all SILVERRIDE LLC employees.
4.0 EDUCATION AND TRAINING
Every covered employee will receive a copy of this policy and will have ready access to the corresponding federal regulations including 49 CFR Parts 655 and 40, as amended. In addition, all covered employees will undergo a minimum of 60 minutes of training on the signs and symptoms of drug use including the effects and consequences of drug use on personal health, safety, and work environment. The training also includes manifestations and behavioral cues that may indicate prohibited drug use.
All supervisory personnel or company officials who are in a position to determine employee fitness for duty will receive 60 minutes of reasonable suspicion training on the physical, behavioral, and performance indicators of probable drug use and 60 minutes of additional reasonable suspicion training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse.
5.0 PROHIBITED SUBSTANCES
Prohibited substances addressed by this policy include the following.
1. Illegally Used Controlled Substance or Drugs Under the Drug-Free Workplace Act of 1988 any drug or any substance identified in Schedule I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.1 1 through 1300.15 is prohibited at all times in the workplace unless a legal prescription has been written for the substance. This includes, but is not limited to: marijuana, amphetamines (including amphetamine, methamphetamine, MDMA, MDA, MDEA and ecstasy), opioids (including codeine, heroin, morphine, oxycodone, oxymorphone, hydrocodone, hydromorphone), phencyclidine (PCP), and cocaine (also known as 5-panel), as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. mega! use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. Also, the medical use of marijuana, or the use of hemp related products, which cause drug or drug metabolites to be present in the body above the minimum thresholds is a violation of this policy.
6.0 PROHIBITED BEHAVIOR
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 at or above the minimum thresholds defined in Part 40.
All covered employees:
- Are prohibited from performing or continuing to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
- 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.
- Are prohibited from consuming alcohol for whichever is the lesser of the following periods: a)within four (4) hours prior to reporting for duty; b) after receiving a call or notice to report for duty; c) within four (4) hours prior to performing job duties
- 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.
- May not unlawfully possess, distribute, dispense or manufacture a controlled substance at any time.
- May not possess, distribute or use alcohol: a) while reporting for or on duty; b) while in the workplacec.while in recognizable SILVERRIDE LLC uniform; c) while conducting any other SILVERRIDE LLC business.
- May be randomly tested for prohibited drug use at any time while on duty.
7.0 DRUG STATUTE CONVICTION
Consistent with the Drug Free Workplace Act of 1998, all employees are required to notify SILVERRIDE LLC management of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction. Failure to comply with this provision shall result in disciplinary action.
8.0 ON-CALL EMPLOYEES
Covered employees who have consumed alcohol during specified on-call hours, whether the employee is on call on company premises or not, have the opportunity to inform their immediate supervisor of their inability to perform his or her safety-sensitive function. If the covered employee has acknowledged use, then the covered employee is required to take an alcohol test with a result of less than 0.02 prior to performance even if he claims ability to perform his or her safety-sensitive function. In this circumstance, the employee may be subject to disciplinary action.
9.0 USE OF PRESCRIPTION DRUGS / OVER-THE-COUNTER MEDICATIONS
Pursuant to SILVERRIDE LLCpolicy, SILVERRIDE LLC does not prohibit the appropriate use of prescription drugsand over-the-counter (OTC) medications; however, SILVERRIDE LLC does recognizes that use of prescribed medication and OTC medications may compromise an employee’s ability to function properly in his/her safety-sensitive position, as does the use of prescribed medication.
An individual must, in addition to proving their compliance with the requirements set forth below, provide SILVERRIDE LLC’S Drug and Alcohol Program Manager with a valid current prescription or the drug in its original container as required below, and a statement signed by the prescribing physician indicating the physician’s and the employee’s compliance with the subsections below. This statement must be submitted within 48 hours of a request by the MRO.
SILVERRIDE LLC will allow the use of a drug specifically prescribed for an employee by his physician provided:
a. The employee has described his/her assigned duties -that (s)he works in any safety-sensitive position -to the physician at the time the drug is prescribed; and
b. With knowledge of those duties and on the basis of the available medical history, the physician has made a good faith judgment that the use of the drug(s) at the prescribed dosage level(s) is consistent with the safe performance of the employee’s duties; and
c. The drug is in its original container when the drug is in the employee’s possession while in the workplace, clearly labeled with the employee’s name, the name of the drug and the physician’s Federal Drug Enforcement Administration number; and
d. The drug is used at the dosage prescribed; and
e. In the event that the employee is being treated by more than one medical practitioner, at least one treating medical practitioner has been informed of all medications authorized or prescribed and has determined that the use of all medications in combination is consistent with the safe performance of the employee’s duties; and
f. The employee observes any restrictions imposed with all medications authorized or prescribed, or combinations of medications authorized or prescribed; and
g. Use of methadone is prohibited by SILVERRIDE LLC.2.If SILVERRIDE LLC’s MRO determines upon review of a test reported positive by the laboratory that there was legitimate use of a prescribed drug, the MRO shall verify and report the test result to SILVERRIDE LLCas negative.
10.0 USE OF MEDICAL MARIJUANA
SILVERRIDE LLC’s Drug and Alcohol Policy and Regulation -49 CFR Part 40, at 40.151(e) -does not authorize “medical marijuana” under a state law to be a valid medical explanation for a transportation employee’s positive drug test result. Therefore, MROs will not verify a drug test as negative based upon information that a physician recommended that the employee use “medical marijuana.”
11.0 COOPERATION AND COMPLIANCE WITH COLLECTION AND TESTING
Each covered employee or final applicant who has received a conditional offer of employment is required to be tested for drugs and alcohol pursuant to this policy; must provide complete, valid, undiluted, unadulterated breath and/or urine and/or blood specimens as requested; supply the information necessary to identify the specimens (i.e., complete paperwork and initial specimen); and otherwise cooperate with collection and testing procedures. Refusal to cooperate in the testing of drugs and alcohol or the collection of specimens is a dischargeable offense in accordance with SILVERRIDE LLC’s Drug and Alcohol Policy.
12.0 BEHAVIOR THAT CONSTITUTES A REFUSAL TO COOPERATE AND/OR TEST REFUSAL
Behavior that constitutes a refusal to cooperate with testing (dischargeable offenses) includes, but is not limited to, the following:
- Failure to appear for any test (except for a pre-employment test) within a reasonable time, as determined by the employer, after being directed to do so by the employer.
- Failure to remain at the Testing Site until the testing process is complete (except for a pre-employment test.)
- Failure to remain readily available for drug and/or alcohol testing following an accident or incident until tests have been conducted and/or specimens have been collected, regardless of whether the employee provided subsequent specimens or testing results.
- Refusal to take the test.
- Refusal to cooperate with the testing procedures contained in 49 C.F.R. Part 40, as amended.
- Failure to attempt to provide a breath or urine specimen or the failure to provide a sufficient quantity of breath or urine without a valid medical explanation
- Refusing to be examined or to comply with any medical requirements to explain why a specimen was not provided in a shy lung or bladder situation and/or failure to undergo a medical evaluation as required by the MRO or DER
- Refusing to remove outer clothing (including but not limited to coveralls, jackets, coats, hats, and sweaters) and refusing to empty pockets and display items to the collector and/or the refusal to follow an observer’s instructions to raise and lower clothing and turn around
- Refusal to permit monitoring or observation of a collection when such monitoring or observation is required under DOT or FTA rule or regulation and/or this policy.
- Failure to take a second test when required.
- Admitting to adulteration or substitution of a specimen to the DATT or MRO
- Submission of an adulterated or substituted sample as verified by the MRO
- Possessing or wearing any device used to tamper with the testing process.
- Refusal to sign Step 2 of alcohol test form.
13.0 TESTING PROCEDURES
All FTA drug and alcohol testing will be conducted in accordance with 49 CFR Part 40, as amended.
Dilute Urine Specimen -If there is a negative dilute test result, SILVERRIDE LLC 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).
Split Specimen Test -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. SILVERRIDE LLC guarantees that the split specimen test will be conducted in a timely fashion. The cost of the second test shall the responsibility of the requesting employee.
14.0DRUG AND ALCOHOL TESTS
1. Periodic Medical Examinations (Physicals) Periodic physicals by SILVERRIDE LLC’s medical services contractor (Employee Screening Resources) are available to employees who are required to have such examinations. Employees who request this examination will receive a drug and alcohol test under company authority as part of the examination.
2. Pre-Employment Testing
a. 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.
b. A covered employee or applicant who has previously failed or refused a DOT pre-employment drug and/or alcohol test must provide evidence of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements.
c. Any final applicant whose post-offer medical examination reveals a history of substance abuse may be referred to an SILVERRIDE LLCSAP for an evaluation. However, final applicants with a history of substance abuse within the past five years must be referred for an evaluation by a SILVERRIDE LLC SAP and must provide evidence of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements. Each individual will be evaluated on a case-by-case basis to determine if there isa need for unannounced follow-up testing under company authority. The SAP shall determine the nature, frequency and duration of such testing, if any, and the individual shall only be hired or transferred on the condition that the consent to such testing.
SILVERRIDE LLC’s medical services contractor (Employee Screening Resources) physician/MRO is responsible for determining whether a candidate is medically approved for employment at SILVERRIDE LLC.
d. All final applicants for safety-sensitive positions and employees seeking to transfer from a non-safety-sensitive position to a safety-sensitive position must be given a pre-employment drug and alcohol test pursuant to 49 C.F.R. Part 655.41.
e. SILVERRIDE LLC’s medical services contractor (Employee Screening Resources) physician/MRO is responsible for determining whether a candidate is medically approved for employment at SILVERRIDE LLC.
f. No individual shall be hired for or transferred to a safety-sensitive position unless said individual tests negative for drugs and obtains a result less than 0.020 on a test for alcohol.
g. SILVERRIDE LLC shall notify the individual of the results of the drug and alcohol tests. If an individual’s drug test is cancelled, the individual shall take another pre-employment drug test. If an individual declines testing and withdraws his or her application for employment, then no record shall be maintained of the declination.
h. If a safety sensitive employee has been on extended leave for a period of 90 days 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 they can return to a safety-sensitive job function.
3. Random, Unannounced Testing
a. All employees who perform safety-sensitive functions are subject to random, unannounced drug and alcohol testing. A covered employee shall only be randomly tested for alcohol use 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.
b. The testing will be fair and equitable with no discretion on the part of management or operations in the testing process. Employee numbers shall be in a pool from which random selection is made. Employees shall be selected by a scientifically valid computer-based random number generator that is matched with the individual’s employee number. All employees in the random pool shall have an equal chance of being selected for testing and shall remain in the pool even after being tested. Therefore, it is possible for some employees to be tested several times in one year. The drug and alcohol testing shall be spread reasonably throughout the calendar year and shall be conducted on all days and hours during which transportation service is in operation.
c. Once the employee has been notified that (s)he has been selected for testing, (s)he must report immediately to the collection site. It is the responsibility of the employee to remain at the site until directed otherwise. SILVERRIDE LLC’s medical services contractor (Employee Screening Resources) identified 50%of employees for random drug testing and 10% of employees for random alcohol testing.
4.Reasonable Suspicion Testing
a. An employee is required to submit to an alcohol and/or drug test when a supervisor has reasonable suspicion, based on specific contemporaneous observations, including, but not limited to, the employee’s appearance, behavior, speech or body odors, to believe that the employee has engaged in a behavior prohibited by this policy.
b. Reasonable suspicion testing shall be subject to the following limitations and conditions:
i. An employer shall conduct a drug and/or alcohol test when the employer has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or has engaged in alcohol use.
ii. An employer’s determination that reasonable suspicion exists shall be based on specific, contemporaneous, articulable observations including, but not limited to, concerning the appearance, behavior, speech, or body odors of the covered employee. A supervisor(s), or other company official who is trained in detecting the signs and symptoms of drug use and alcohol misuse must make the required observations.
iii. An employer may direct a covered employee to undergo reasonable suspicion testing for alcohol only 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.
iv. If an alcohol test required by this section is not administered within two hours following the determination under paragraph (b) of this section, the employer shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by this section is not administered within eight hours following the determination, the employer shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test.
5. Post-Accident Testing for drugs and alcohol is required following an “accident” as defined in Section III of this policy.
a. Fatal Accident As soon as practicable following an accident involving the loss of human life, an employer shall conduct drug and alcohol tests on each surviving covered employee operating the transportation vehicle at the time of the accident. The employer shall also drug and alcohol test any other covered employee whose performance could have contributed to the accident as determined by the employer using the best information available at the time of the decision.
b. Non-fatal Accident As soon as practicable following an accident not involving the loss of human life in which a transportation vehicle is involved, the employer shall drug and alcohol test each covered employee operating the transportation vehicle at the time of the accident unless the employer determines, using the best information available at the time of the decision, that the covered employee’s performance can be completely discounted as a contributing factor to the accident. The employer shall also drug and alcohol test any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision.
c. Time Limitations and Conditions
i. An employee shall be tested for drugs within 32 hours following an accident.
ii. An alcohol test must be performed promptly after the accident. If a test is not administered within two (2) hours following the accident, the supervisor must still attempt to insure the administration of the test, but shall prepare and maintain on file a written record stating the reason(s) the test was not promptly administered. If an alcohol test is not administered within eight (8) hours following the accident, the supervisor shall cease attempts to have the test administered and shall prepare and maintain a record giving the reasons why the test was not promptly administered.
iii. An employee who is subject to post-accident testing and who fails to remain readily available for such testing, including failing to contact his supervisor and/or the SILVERRIDE LLC representative at the location, or who leaves the scene of the accident prior to submission to such test, shall be deemed to have refused to cooperate with testing.
iv. The requirement to test for drugs and alcohol following an accident shall in no way delay necessary medical attention for injured people or prohibit an employee from leaving the scene of an accident in order to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
v. Pursuant to SILVERRIDE LLC policy, a written report setting forth the facts upon which the postaccident testing is based shall be completed and signed by the supervisor in all cases where an employee is required to be tested under the post-accident criteria.
vi. An employee shall be removed from service without pay pending the outcome of the test(s). The employee shall be returned to service with back pay (to include any time consumed by the collection/testing process, if not otherwise compensated) if the outcome of the test(s) is negative. Any employee who tests positive for drugs or alcohol on a post-accident test will be immediately terminated.