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<br />*City of Mounds View* <br />DOT Drug -Free Workplace Policy 2020 Version 2 <br /> <br />PURPOSE AND COVERAGE <br />The U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration <br />(FMCSA), an agency within the DOT, have issued regulations (49 CFR, Parts 40 & 382, hereinafter <br />referred to as “DOT regulations”) which govern the use of drugs and alcohol by employees who hold <br />a Commercial Driver’s License (CDL) and drive a Commercial Motor Vehicle (CMV). The DOT <br />requires an employer conduct drug and alcohol testing of its drivers at the times and under the <br />conditions described in this Policy. The regulations apply to every person who operates a CMV in <br />interstate, foreign, or intrastate commerce, to all employers of such persons and to all states. Please <br />direct all questions regarding this Policy to *Rayla Ewald*, the Company’s Designated Employer <br />Representative (DER). <br /> <br />It is the Company’s intention to comply fully with DOT regulations. In the event DOT regulations are <br />amended or revised, the Policy and the applicable terms, conditions, and/or requirements shall be <br />deemed to have been amended automatically. Redrafting will not be necessary in order to reflect and <br />be in compliance with DOT regulations. The Company reserves the right to apply the amended or <br />revised requirements immediately, without giving prior notice to drivers and/or applicants or other <br />employees covered by the Company Policy, unless DOT regulations or other applicable law requires <br />such notice. <br /> <br />The goal of the Company’s Policy and the testing of drivers is to ensure a drug and alcohol free <br />transportation and work environment, to reduce and eliminate drug and alcohol related accidents, <br />injuries, fatalities, and damage to Company property. For the purpose of this Policy, any employee <br />performing under the definitions described below will be referred to as “driver.” <br /> <br /> <br />NON-DISCRIMINATION <br />In accordance with the requirements of the Americans with Disabilities Act, the Company does not <br />discriminate against employees or applicants who are qualified individuals with a disability who are <br />not currently engaged in the use of illegal drugs and who do not otherwise violate the provisions of <br />this Policy, including but not limited to individuals who: 1) have successfully completed or who are <br />currently participating in a supervised rehabilitation program and are no longer engaging in such use; <br />or 2) have otherwise been rehabilitated successfully and are no longer engaging in such use. <br /> <br /> <br />CRITERIA FOR EMPLOYEES SUBJECT TO TESTING <br />Under the Company’s Policy and DOT Federal Motor Carrier Safety Administration (FMCSA) <br />regulations, drivers who hold a CDL and drive a CMV are subject to the drug and alcohol testing in <br />accordance with federal regulations. CMV means a motor vehicle or a combination of motor vehicles <br />used in commerce to transport passengers or property if the motor vehicle: <br /> <br />⇒ Has a gross combination weight rating of 11,794 or more kilograms (26,001 or more <br />pounds), inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 <br />kilograms (10,000 pounds); or <br /> <br />⇒ Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds); <br />or <br /> <br />⇒ Is designed to transport 16 or more passengers, including the driver; or <br /> <br />⇒ Is of any size and is used in the transportation of materials found to be hazardous for <br />the purposes of the Hazardous Materials Transportation Act and which require the motor <br />vehicle to have a placard under the Hazardous Materials Regulations.