Contract Services Administration Trust Fund

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WHO IS COVERED BY THE FMCSA REGULATIONS

Under Federal Motor Carrier Safety Administration ("FMCSA"), Department of Transportation ("DOT"), regulations, all persons who hold a Commercial Drivers License ("CDL") and who operate a commercial motor vehicle ("CMV") will be subject to alcohol and controlled substances testing.


COMPANY RULES AND PROCEDURES REGARDING
RANDOM, POST-ACCIDENT AND REASONABLE SUSPICION
ALCOHOL AND CONTROLLED SUBSTANCES TESTING


A. ALCOHOL AND CONTROLLED SUBSTANCES RANDOM TESTING

  1. An employee must submit to alcohol and/or controlled substances testing when selected by a random selection process administered by Contract Services Administration Trust Fund ("CSATF").

  2. An employee notified to report for alcohol and/or controlled substances random testing must immediately report to a designated collection site, which may be a mobile unit, and provide a sample for testing. An employee who fails to report immediately for such testing will be treated as if the employee has tested positive.

  3. The employer of each driver who is notified of selection for alcohol and/or controlled substances random testing must require that the driver proceed to a testing site immediately, provided, however, that if the driver is performing a safety-sensitive function, other than driving a commercial motor vehicle, at the time of notification, the Employer shall instead ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible.
  4. It is the responsibility of each employee to keep CSATF advised of the employee's current telephone number and address and to advise CSATF immediately of a change in either or both.

    Additionally, if an employee is unavailable for employment because of disability, illness, vacation or other leave, advance notice of the dates of such unavailability must be given to the CSATF Coordinator of the Alcohol and Controlled Substances Program (telephone 818-995-0900, ext 136). A message may be left at this number at any time. Absent notice of such unavailability, the employee will be deemed available to submit to random testing as required above.

  5. If CSATF attempts but is unable to make direct contact on three occasions with an employee selected for controlled substances random testing and if CSATF records the date, time and method by which it attempted to contact the employee, the employee will be deemed unqualified for employment. CSATF shall notify the Union. The Union, acting on behalf of the employee who has been deemed unqualified for employment, may initiate the following exclusive review procedure:

    (a) An appeal of the unqualified status of an employee who cannot be contacted must be submitted in writing to CSATF within fourteen (14) calendar days after receipt by the Union of a notice of such status. Such appeal must state the reasons, if any, the employee could not be contacted directly.
    (b) CSATF shall consider the appeal in good faith. If, in the sole opinion of CSATF, a valid reason has been presented, the employee will no longer be deemed unqualified for employment. However, the employee must agree to take a subsequent controlled substances test. CSATF shall schedule this test within the twelve (12) month following the change in status.
  6. In addition to removal from safety-sensitive functions as required by the FMCSA rules, an employee who test positive in a controlled substances test or 0.04 or higher in an alcohol test,1 or who refuses to test, or has been deemed unqualified for employment, shall be terminated or denied employment, as the case may be and taken off the Industry Experience Roster (the "Roster").

    The employee will be referred to the Substance Abuse Professional:

                           John Lewis, Prevention/Recovery Specialists
    National Council on Alcoholism and Drug Dependence
    24460 Lyons Avenue
    Santa Clarita, CA 91321
    Telephone: (661) 253-9400
    Fax: (661) 253-9403
    The substance Abuse Professional will determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use.

    The Substance Abuse Professional will advise the employee of the services available to eligible employees and other counseling services.

  7. After a waiting period of not less than two months2, and provided the Substance Abuse Professional has re-evaluated the employee to determine that the employee has complied with the prescribed rehabilitation program, the employee may reapply to CSATF for Roster status.

    If the requirements for reinstatement have been met, the employee will be scheduled by CSATF for the return-to-duty alcohol and/or controlled substances test. If the results of a new alcohol test or a new controlled substances test are negative (less than 0.02 in the case of alcohol testing), the employee shall be reinstated to his or her former Industry Group status on the Roster.

    An employee who is rehired after testing negative after the waiting period shall have the period of termination converted to a suspension. Follow-up testing will be conducted in accordance with the FMCSA regulations, as described in the information booklet entitled Controlled Substances & Alcohol Use and Testing Information for Employees.
  8. An employee who either test positive or is deemed unqualified for employment a second time shall be denied employment or terminated and taken off of the Roster, and may not re-apply in the future.

B. POST-ACCIDENT ALCOHOL AND CONTROLLED SUBSTANCES TESTING

  1. In accordance with the FMCSA rules, an employee involved in an accident resulting in the loss of human life or for which the employee is issued a citation for a moving violation must, as soon as practicable, be tested for alcohol and controlled substances. An employee who is subject to post-accident testing must remain readily available for such testing or may be deemed by the employer to have refused the testing.
  2. Information and procedures for post-accident testing will be provided to employees by their individual employers.
  3. Post-accident alcohol testing should be done within two (2) hours of the accident, if practicable; if it cannot be done within eight (8) hours, it should not be done. If post-accident controlled substances testing cannot be done within thirty-two (32) hours of the accident, it should not be done.
  4. Under our rules, an employee who refuses to be tested, or fails to report promptly for testing as scheduled, will be treated as if the employee tested positive.
  5. If an employee tests positive, the provisions of Paragraph A.5., above, will apply; Paragraphs A.6. and A.7., above, will not apply, except for the provision in Paragraph A.7., above, that the employee may not re-apply in the future.

C. ALCOHOL AND CONTROLLED SUBSTANCES REASONABLE SUSPICION TESTING

  1. In accordance with the FMCSA rules, an employer may require an employee to undergo an alcohol and/or controlled substances test based on reasonable suspicion observations. As stated in the information Booklet, testing for "reasonable suspicion" must be based on specific, clearly stated observations concerning the employee's appearance, behavior, speech or body odor.
  2. If an employee tests positive or refuses to take a reasonable suspicion test, the provisions of Paragraphs A.5., A.6. and A.7., above, shall apply.

D. GENERAL

  1. Testing performed within the employee's scheduled workday shall be considered paid work time. All other testing shall be considered the employee's own time.
  2. CSATF will pay for the cost of random testing and follow-up testing except that an employee who requests a split "specimen" controlled substances test must pay for such test. Random testing must be done at a collection site designated by CSATF, which in the case of alcohol testing may be a mobile unit.
  3. Prior to testing, an employee must execute appropriate Consent and Release forms.
  4. An employee who refuses to test will be treated as if he or she tested positive.
  5. In the case of alcohol testing which shows a concentration of 0.02 or greater, but less than 0.04, the employee may not perform safety-sensitive functions for at least twenty-four (24) hours, as required by the FMCSA rules. In addition, the company employing the driver who has so tested between 0.02 and 0.04 may have a company policy providing for additional consequences for such a test result. A copy of such policy will be given to each employee of that company subject to alcohol testing and a copy sent to the Union.
  6. The Union, acting on behalf of an employee who has been removed from the Roster, may initiate the exclusive procedure to review the removal and associated termination or denial of employment as described in Paragraph A.5., above. (However, pursuant to Paragraph B.5., above, the review procedure does not apply to post-accident testing and termination.)
  7. With respect to the provision in the Local 399 Agreement that provides for Roster removal after two (2) refusals of employment, the AMPTP and the Union have agreed that in the case of a driver who is dismissed without another call and is subsequently given a call that commences sooner than four (4) hours after the driver has consumed alcohol, such a driver may refuse such call by explaining the special reason therefore, and such refusal will not count as a refusal under Article 62(f)(1)(C); provided that this "special refusal" may not be used by an employee more than five (5) times in the Industry within a twelve (12) month period. This "special refusal" exception may be modified by the parties in the future.
IF YOU HAVE AN ALCOHOL OR CONTROLLED SUBSTANCES PROBLEM, YOU MAY VOLUNTARILY CONTACT:
The National Council on Alcoholism and Drug Dependence of the San Fernando Valley

6640 Van Nuys Boulevard, Suite C
Van Nuys, CA 91405-4617

Telephone: (818) 997-0414
Fax: (818) 997-0851

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REVISED 12/14/2007

1 See paragraph D.5 for consequences of testing between 0.02 and 0.039 in an alcohol test.
2 Notwithstanding the above, the waiting period shall be twelve (12) months if the employee engaged in conduct of the type described in 49 CFR 391.15(c) (2) or 391.117 (driving a commercial motor vehicle while under the influence of alcohol; driving a motor vehicle while under the influence of prescribed drugs or substances; transportation, possession or unlawful use of prescribed drugs or substances while on on-duty time; leaving the scene of an accident which resulted in injury or death; a felony involving use of a motor vehicle; a refusal to give a urine sample to be used for testing when the driver has been involved in a fatal accident; a positive test of controlled substance use when the driver has been involved in a fatal accident).

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