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h. No driver shall report for duty, remain on duty, or perform a safety sensitive function, if the <br />driver tests positive for controlled substances. <br />Types of Testing <br />The following alcohol and controlled substance tests will be performed. In order for the driver to be allowed to <br />perform safety sensitive functions, a negative result for controlled substances and an alcohol concentration of <br />less than 0.02 will be necessary. (a concentration between 0 02 and 0.039 will result in a 24 hour <br />disqualification. A concentration of 0.04 will result in a positive test) <br />a. Pre employment - administered prior to a driver performing safety sensitive functions for the first <br />time for an employer. (controlled substances testing only) <br />b. Post accident - administered as soon as practicable, following an accident involving a <br />commercial motor vehicle, if there is a fatality, or if the driver is cited for a moving traffic <br />violation. (we must test for alcohol within 8 hours of the accident, and <br />controlled substances within 32 hours). <br />c. Random - administered if a driver's name is selected in a random drawing, conducted <br />periodically throughout the year. Drivers notified of a random selection must submit <br />immediately for testing. <br />d. Reasonable suspicion - administered if the employer has reasonable suspicion to believe the <br />driver is in violation of any of the prohibitions listed above. <br />e. Return to duty - Administered prior to a driver returning to duty, following a "positive" controlled <br />substances or alcohol test. We must also administer a return to duty test if a driver is <br />disqualified from the random pool for any reason, and then re-enters the random pool. <br />f. Followup - If a driver has refused to test or tested positive, and wishes to be requalified to perform <br />safety sensitive functions, he/she must be counseled by a Substance Abuse Professional <br />(SAP), follow the recommended program, and then produce a negative "Return to Duty" test result. <br />The SAP will then direct the company to administer a minimum of six "Followup" tests in the next <br />12 months. This number may be increased by the SAP. The company will select the times for the <br />followup tests. <br />Testing Procedures <br />All testing will be performed with procedures that are outlined in the Code of Federal Regulations, Part <br />40. These procedures are designed to protect the driver, maintain integrity in the testing process and safeguard <br />the validity of the test results. <br />Consequences of Prohibited Conduct <br />Any driver who engages in conduct prohibited by Part 382 will be immediately removed from performing any <br />safety sensitive function. In addition, the driver will be subject to termination from his/her employment with <br />McKenzie Excavating Inc. Under the company's current policy, the driver who tests positive will be <br />offered a "once per lifetime" last chance to be reinstated. The reinstatement will be subject to the driver <br />submitting to a treatment needs assessment by an authorized Substance Abuse Professional, and following <br />and completing the recommended treatment. In addition, the driver will be required to submit to a Return To <br />Duty controlled substance and/or alcohol test. <br />Refusal To Test <br />If any driver refuses to test under the conditions outlined in Part 382, the refusal will be treated as a <br />positive result, and will be subject to consequences of a positive test. <br />Information <br />The following pages contain information regarding the symptoms and effects of the use of alcohol and <br />