12-19-1995 CC - Laserfiche WebLink

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has advised the employee that the substance does not adversely affect the employees ability to safety operate a commercial motor vehicle. Use of any over- the-counter medication, in accord with the terms of the product's directions for use, shall also constitute a valid medical reason. 24. "Violation Rate"the number of drivers found during random tests given pursuant to this policy and federal regulations to have an alcohol concentration of 0.04 or greater, plus the number of drivers who refuse a random test required by this policy and federal regulations, divided by the total reported number of drivers in the industry given random alcohol tests pursuant to this policy and federal regulations, plus the total reported number of drivers in the industry who refuse a random test required by this policy and federal regulations. (382.107). PROHIBITED CONDUCT Conduct Related to Alcohol 1. A driver tested under this policy and federal law who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall not perform safety sensitive functions, including driving a commercial motor vehicle. The driver shall not perform safety sensitive functions until the start of the driver's next regularly scheduled duty, but not less than twenty-four (24) hours following administration of the test and the driver will not be compensated during the time off. The driver may use benefit hours during the absence if accrued and available. 2. No driver shall report for duty or remain on duty requiring the performance of safety- sensitive functions while having an alcohol concentration of 0.04 or greater. 3. No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol in any quantity. 4. No driver shall use alcohol while performing safety-sensitive functions. 5. No employee shall perform safety-sensitive functions within four(4) hours after using alcohol. 6. A driver required to take a post-accident alcohol test because of a loss of human life or who receives a citation under state or local law for a moving traffic violation arising from an accident, shall not use alcohol for eight(8) hours following the accident, or until the driver undergoes a post-accident alcohol test, whichever occurs first. 10. No driver shall refuse to submit to a post-accident test, a random alcohol test, a reasonable suspicion test, or a follow-up test mandated by this policy and federal law.