BC 2011 10 17 Regular Meeting - Laserfiche WebLink

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October 17, 2011 (Regular Meeting) 49CFR Part 40, as amended, shall positive. A DOT regulated alcohol saliva, and breath sample. Appendix Page 641 be considered to have tested or drug test may only use urine, Employees Covered by Department of Transportation (DOT) Regulations G. Together with other accident testing which may be required by the County, DOT regulated employees must complete DOT drug and alcohol tests as soon as possible after they are involved in an accident while operating a County owned or leased vehicle, if the accident involves: 1. FMCSA accident requiring testing An accident in which a fatality is involved; one or more motor vehicles are towed from the scene or someone is treated medically away from the scene, and a citation is issued to the CMV driver within 8 hours of the occurrence under state or local law for a moving violation arising from the accident and either of the aforementioned situations occur. 2. FTA accident requiring testing An accident in which a fatality is involved, one or more motor vehicle receives disabling damage or someone requires immediate medical attention away from the scene, unless the driver can be completely discounted as a contributing factor. All other covered employees whose performance could have contributed to a non -fatal accident (defined in G. 2. Of this Appendix), as determined by the employer using the best information available at the time of the decision, must also be tested. All surviving employees operating the mass transit vehicle at the time of the accident and all other covered employees whose performance could have contributed to the accident must also be tested after an accident involving a fatality. Alcohol testing must be done as soon as possible following an accident, but not more than eight hours after the accident. Drug testing must be done as soon as possible after the accident, but not more than 32 hours after the accident. If a post- accident alcohol test is not administered within two hours following the accident, the employer shall prepare and maintain on file a record stating the reasons for the delay. All DOT covered employees must remain readily available for testing after an accident including notifying the employer representative of the employee's whereabouts. Failure to do so will be considered a test refusal. Testing is stayed while the employee assists in the resolution of the accident or receives medical attention. L. Specimen validity testing will be conducted on all urine specimens for testing under DOT authority. Specimen validity testing is 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. EmIaleyees de net ha-,�:e N. Refusal to submit to a drug /alcohol test shall be considered a positive test result and a direct act of insubordination and shall be subject to disciplinary action up to and including dismissal. A test refusal includes the following circumstances: 1. A— -e eL=ed empleyee whe eenslames aleehel gait :n eight ( 8 ) hems fellewing 4:nvelvement in an aeesdent wimt first h J ,_,..mi + _d +„ pe st aeeiEient dreff,/aleehehests. 2. A covered employee who leaves the scene of an accident without a legitimate explanation prior to submission to drug /alcohol tests. 3. A covered employee who provides an insufficient volume of urine specimen or breath sample without a valid medical explanation. The medical evaluation shall take place within 5 days of the initial test attempt. 4. A ve bger written deelaicatien, ebstiFia ive— behavTe physi-ea= ahsenee i=esultinq in the inability to eeneliaet the test- wimthin the spe e i f ie �'�e fr afe . 5. A covered employee whose urine sample has been verified by the MRO as substitute or adulterated. 6. A covered employee fails to appear for any test within a reasonable time, as determined by the employer, after being directed to do so by the employer.