Drug and Alcohol Training Updated 5/29/18 – 4 CMV Drivers, LLC

FMCSA – Drug & Alcohol Testing Requirements The Federal Motor Carrier Safety Administration 49 CFR Part 40 and Part 382 list the regulations all companies pertaining to drug and alcohol testing for commercial drivers license holders The purpose of these regulations is for the safety of the pubic and commercial vehicle drivers!

Who do the Regulations Apply to? FMCSA 382 applies to all commercial drivers license holders that operate a commercial vehicle.

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 Include All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the Company; All time inspecting equipment as required by Secs. 392.7 and 392.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; All time spent at the driving controls of a commercial motor vehicle in operation; All time, other than driving time, in or upon any commercial motor vehicle, except time spent resting in a sleeper berth (a berth conforming to the requirements of Sec. 393.76); All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. Safety Sensitive Functions Include

Prohibited Driver Conduct As a safety-sensitive employee… You must not use or possess alcohol or any illicit drug while assigned to perform safety- sensitive functions or actually performing safety-sensitive functions. You must not be under the influence during work hours. You must not report for service, or remain on duty if you,… are under the influence or impaired by alcohol; Have a blood alcohol concentration .01 or greater. Have used any illicit drug You must not use alcohol within four hours of reporting for service or after receiving notice to report to duty, or after a collision. Prohibited Driver Conduct

Who Will Advise you When Testing is Needed Your manager or human resource representative will advise you when you are required to test.

Confidentiality of Records Your drug and alcohol results are protected and kept confidential by the Human Resources Department and their third party drug and alcohol provider. Unless required under FMCSA regulations we will not release driver records to any agency, person, or company without written release from the commercial drivers license holder. Commercial drivers license holders may submit a request to in writing requesting access to their drug and alcohol testing history.

National Drug & Alcohol Clearinghouse Reporting Requirements All drug tests that are verified positives, adulterated, or substituted, or refused are reported to a national clearing house All alcohol tests above .04 All post accident tests required by FMCSA Completed substance abuse professional programs with return to duty testing

The Testing Process

Pre-Employment Drug Testing All offers of employment are subject to Negative pre-employment drug tests A background check that shows no positive drug or alcohol tests A positive test with completed substance abuse professional program when applicable

Per federal requirements all commercial drivers license holders are part of a drug and alcohol random testing program. Drivers will be notified by their supervisor or human resources if they have been selected for a random test. Drivers notified of random testing must immediately proceed to collection site. Random Testing

Post Accident Testing Required Testing is required for alcohol with 8 hours. Testing for controlled substance must happen with 32 hours. The driver cannot have alcohol within 8 hours after the accident No citation issued to the your driver, no drug testing required except in a fatality accident. Your company may still require drug or alcohol testing under it’s own non-DOT policy Industry best practice to conduct both post drug and alcohol test within 8 hour of the accident. 1. Driver Receives Citation 2. A person at the scene is taken away for immediate medical attention 3. Post Accident Drug and Alcohol Testing is Required 1. Driver Receives Citation 2. A vehicle has disabling damage and must be towed from scene 3. Post Accident Drug and Alcohol Testing is Required 1. A fatality Occurs 2. Post Accident Drug and Alcohol Testing is Required

Reasonable Suspicion Testing Driver showing articulable observations regarding appearance, behavior, speech, or body odors that is suspected of being under the influence will be removed from safety sensitive functions and driven to an independent medical facility for testing. A driver may not return to work until the test has been completed and the results are returned. Any driver that refuses to cooperate will be terminated immediately. Reasonable Suspicion Testing

Alcohol Testing Procedures Conducted by a certified Breath Alcohol Technician. Testing will be conducted in private setting with limited access. The technician will explain process to the driver. The evidential breath testing device must be opened in front of the driver. Driver must blow forcefully for 6 seconds. Once test complete it is shown to the driver and the receipt is taped to the results form in designated space. If results are under .02 both driver and technician must sign form and it is forwarded to the your manager or human resources. If reading is above .02 a confirmation test will need to be performed 15 minutes later. The driver will not be allowed to eat, drink, or put anything in his or her mouth while waiting. The results will be confidentially forwarded to your manager or human resources.

Drug Testing Procedures A chain of custody and control form will be used from point of collection point until it is tested at the laboratory. A tamper proof clean sealed sample bottle will be provided. A suitable location for collection will be provided Driver will be required to secure all personal items and outer garments. They will also be required to wash their hands. Once hands are washed the driver must stay in site of the collection technician Driver will than be asked to provide specimen in private stall or behind a patrician for privacy. 45 ml of urine must be provided which will be split, however both bottles will be shipped in single container. Specimen must be between 90 and 100 degrees Fahrenheit and the sample will be visually reviewed for color and tampering.

Drug Testing Procedures If a sample looks like it has been tampered with a second specimen is required under direct observation of same sex collection site person. The form will be signed by both driver and collection site person and forwarded to the laboratory for review. The Medical Review Officer (MRO) will review all non-negative test results. Non-negative test results – the MRO will contact the driver. The second of the split testing can be tested within 72 hours if the driver chooses to pay for the test.

Consequences of Refusal or Positive Test

Removal from a Safety Sensitive Function Drivers with a confirmed positive drug or alcohol test or suspected of being under the influence of drug or alcohol will be immediately removed from a safety sensitive function by Management.

Consequences of a Refusal or Positive Drug or Alcohol Test Employment will be terminated if…. They refuse to take a drug or alcohol test. Has a positive drug test or has a an alcohol test with a .01 or higher. Does not follow the company or DOT drug and alcohol policies, procedures, or requirements.

What Constitutes a Refusal to Test? The following are some examples of conduct that the regulations define as refusing a test Failure to appear for any test after being directed to do so by your employer. Failure to remain at the testing site until the testing process is complete. Failure to provide a urine or breath sample or providing a sample that is not your own. Failure to provide a sufficient urine or breath sample when directed. Failure to undergo shy bladder or shy lung procedures. Failure to cooperate with any part of the testing process.

Addiction Health, Family, Work

Signs and Symptoms of a Drug & Alcohol Problem Absenteeism Blood shot eyes Smelling of alcohol Dilated or constricted pupils Slurring of words Shaky Aggression or irritability Depression

Addiction Statistics 48% of alcoholics will be divorced at least once. 20 million Americans over 18 have an addiction (not including tobacco) 2.6 million Americans are addicted to both drugs and alcohol. 1 our of 3 deaths are related to drug abuse. Alcohol is the third leading cause of death. The first is tobacco Second is poor diet and physical activity

Family Work Health Impact of Addiction Emotional Instability for Loved Ones Higher Rates of Violence Financial Crisis –Job Loss, Legal, Medical Bills Divorce Work High Turnover On the Job Injuries/Fatalities Absenteeism/Loss of Production Health Liver and Kidney Disease Cancer Memory Loss – Mental Illness Cardiovascular Disease Early Death

Intervention Intervention may save a life Refer the employee to management to self report Provide information to employee for the employee assistance program. Contact management if you suspect an employee is at work when intoxicated or under the influence. Encourage them to seek help.

Self Reporting Employees that have or think they may have a drug or alcohol are encouraged to self report Self reporting is allowed and you can not be terminated from your employment as long as the self reporting is not done in response to an upcoming required test the employee is aware of. Please contact the human resource department for assistance.

Drug and Alcohol Contact Person Drug and Alcohol Company Contact Person - Name: Email: Phone Number: EAP – Our Employee Assistance Program Drug and Alcohol Contact Person