1. health and fitness
2. addiction

Drug and Alcohol
Testing Manual
For Municipalities
with Commercial
Motor Vehicle
Operators
VLCT PACIF Loss Control
1-800-649-7915
Drug and Alcohol Testing Manual
for Municipalities with Commercial Motor Vehicle Operators
Table of Contents
I.
II.
Important Contact Information
• Occupational Drug Testing, LLC
• Invest EAP - Substance Abuse Professional (SAP)
• VLCT Loss Control Consultants
Guidance Documents
• Frequently Asked Questions
• Drug & Alcohol Policy - 11 Mandated Requirements (FMCSA)
• Motor Vehicle Infractions - Driver Disqualification Chart
• Summary of Invest EAP Role in SAP Referrals
• Vermont CDL Medical Self-Certification Information
III.
Hiring Documents
• CDL Qualification File Checklist - Pre-employment
• Model CDL Employment Application
• Pre-employment Drug Test Acknowledgment Form
• Employment History and CDL Drug & Alcohol Testing Request Form
• Vermont DMV Motor Vehicle Record Request Form
IV.
Recordkeeping
• CDL Qualification File - Ongoing Recordkeeping Checklist
• Annual Motor Vehicle Record Self Certification Form
V.
Model Policy
• VLCT Model Drug and Alcohol Policy for Commercial Motor Vehicle
Operators*
• Appendices A-D
*Please note that the Model Drug & Alcohol Policy for CMV Operators should be downloaded from www.vlct.org.
INTRODUCTION
This manual has been specifically developed for municipalities that have employees operating
commercial motor vehicles (CMVs). It serves as an important resource to help your
municipality comply with DOT drug and alcohol testing requirements. If your municipality does
not have CMVs that are driven by employees, you are not required to have a DOT Drug &
Alcohol Testing Policy and do not need this manual.
PACIF Risk Management Services is pleased to provide our members with this Drug & Alcohol
Testing Manual. In it you will find numerous resources, forms, guidance and a model policy, all
of which are designed to help you comply with Federal Motor Carrier Safety Administration
(FMCSA) and Department of Transportation (DOT) requirements. Our goal is to demystify the
process of complying with these regulations. Hopefully, you will agree that we have
accomplished that objective.
The manual is divided into 'functional sections' in an attempt to make it easier to find needed
documents or information. If you need to hire a new CDL driver, you will find forms and a
checklist in the Hiring section. A variety of commonly asked questions and related information
are found in the Guidance section. Things that need to be done annually are outlined in the
Recordkeeping section.
We have updated our model Drug & Alcohol policy and have included a copy in this manual.
Since the policy requires your municipality to make some decisions on certain issues (these
decision points are highlighted within the policy), you will need to edit the document to reflect
those decisions.
While all sections of the manual will be available on the VLCT website, all municipalities who
do not have a comprehensive Drug & Alcohol Policy in place or need to update an older policy,
will want to download the updated model policy from the VLCT website so that it can edited.
Simply go to our homepage www.vlct.org and enter "drug & alcohol policy" in the search box in
the upper right hand corner. The first "hit" will be our policy. Save it to your computer and edit
as needed. The policy will also show up if you do a Google search for "VLCT Drug & Alcohol
Policy". Please keep in mind that all "CDL employers" must have a drug & alcohol policy
in place that addresses 11 key elements established by the FMCSA (see the guidance section
for the list of 11 elements).
As always, your loss control consultant is available to help answer questions and provide
guidance on this issue as well as other risk management practices. You may also contact our loss
control support staff in the office at 802-229-9111 or via email at [email protected].
SERVING AND STRENGTHENING VERMONT LOCAL GOVERNMENTS
UPDATED 12/2013
PACIF CDL Drug & Alcohol Testing Consortium
Important Contact Information
OCCUPATIONAL DRUG TESTING, LLC.
www.occupationaldrugtesting.com
1-800-211-4469
Questions, Concerns, & Employer
Contact Information Updates
Drug and Alcohol Test
Result Inquiries
[email protected]
[email protected]
Danielle Riley
Account Manager
800-211-4469 x106
Lindsey Miller
Drug Test Results
800-211-4469 x102
Invoice or Billing Inquiries
Alternate Clinic Locations and Forms
[email protected]
Kassandra Melendez
Accounting Manager
800-211-4469 x107
Remove Drivers Upon Termination/
Leave & Update Driver Information
[email protected]
[email protected]
Gina St. Jean
Local Clinic Scheduler and Supplies Manager
800-211-4469 x104
Primary Scheduling & Collections
Random and Pre-Employment Tests
James Bernier
Program Administrator
800-211-4469 x103
24-Hour EMERGENCY Line
Reasonable Suspicion . Post-Accident
1-800-967-3135
BE PREPARED TO PROVIDE THE
FOLLOWING INFORMATION:
YOUR NAME . PHONE NUMBER
LOCATION OF INCIDENT . REASON FOR CALL
[email protected]
Wesley “Jamie” Davis
Vermont Collection Manager
802-839-0171
VLCT PACIF
Loss Control
1-800-649-7915
[email protected]
POSITIVE
DRUG AND ALCOHOL TEST
If an employee has a confirmed positive drug and/or alcohol test,
you will need to refer the employee to a substance abuse professional
(SAP). You should call the EAP Clinical Manager at:
(888) 392-0050
or
(802) 951-5156
The Clinical Manager will help you get all the information you need
and answer any questions you have.
89 Main Street, Suite 4
Montpelier, VT 05602
Phone: (800) 649-7915
Fax: (802) 229-2211
[email protected]
1-800-649-7915
[email protected]
FAQ for Municipal Drug & Alcohol Testing Programs
This list of frequently asked questions (FAQs) arises from the many commonly asked questions
we receive from designated employer representatives (DERs), selectboard members and others
charged with administering or complying with drug and alcohol testing requirements. It is in no
way an exhaustive list, so please contact us if you have a specific situation or question regarding
the operation of this important program.
Policy requirements, covered vehicles, employer responsibility
Q:
Why must our municipality comply with drug and alcohol testing requirements?
A:
All licensed commercial motor vehicle drivers who are employed by and drive CMVs
(commercial motor vehicles) for a municipality are subject to the controlled substance and
alcohol testing rules as outlined in the Code of Federal regulations, Title 49. This includes all
local governmental entities. NOTE: Fire trucks are not CMVs and therefore are exempt from
this requirement. Failure to fully comply could subject the municipality to fines from Federal
DOT. Individuals who only operate non-CMVs must not be included in the testing program as
they are not covered by the Federal drug & alcohol testing requirements.
Q:
What is a commercial motor vehicle (CMV)?
A:
A commercial motor vehicle means a motor vehicle or combination of motor vehicles
used in commerce to transport passengers or property if the motor vehicle•
•
•
•
Has a gross combination weight rating of 11,794 or more kilograms (26,001 or more pounds)
inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kilograms
(10,000 pounds); or
Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds); or
Is designed to transport 16 or more passengers, including the driver; or
Is of any size and is used in the transportation of materials found to be hazardous for the
purposes of the Hazardous Materials Transportation Act and which require the motor vehicle
to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).
Individuals operating the above vehicles must have a valid CDL (commercial driver's license).
Q:
Does our municipality need to have a Drug & Alcohol Testing Policy in place?
A:
If the municipality has CMVs that are operated by municipal employees, a drug &
alcohol policy must be established. The policy must be communicated to all affected employees
and it must include the 11 mandatory elements outlined in the FMCSA rules, section 382.601.
Q:
Does the municipality need to document that employees understand the municipal
drug & alcohol policy?
A:
Yes. Employees subject to the drug & alcohol policy must sign a statement confirming
that they have received a copy of the testing policy. An acknowledgement form for this purpose
is included in this manual. The completed form should be retained in the driver's personnel file.
FAQ for Municipal Drug & Alcohol Testing Programs
Q:
What if our municipality does not employ the CDL drivers, but instead contracts
with a vendor/contractor who supplies either the drivers for municipal vehicles or both the
drivers and vehicles?
A:
In either of these situations, the contractor or vendor is the employer of the CDL drivers
and is therefore responsible for complying with the drug & alcohol testing requirements. They
have the burden to place their employees in a DOT random testing pool and establish a drug and
alcohol testing policy. If your municipality contracts for these types of services, we recommend
that you include contractual language that requires the vendor or contractor to comply with
DOT/FMCSA drug & alcohol testing requirements.
Q:
Do I need a drug & alcohol testing policy if our municipality does not operate
CMVs?
A:
No. It is the operation of commercial motor vehicles that triggers the requirement.
Q:
Are heavy equipment and similar construction vehicles such as bucket loader,
backhoe, road grader, etc. considered CMVs?
A:
According to a written interpretation from the US DOT office in Vermont, these vehicles
would typically NOT be considered commercial motor vehicles when their over-the-road use is
limited to travel from the storage location to the work location and return. Work performed at a
construction location (even if on a public roadway) is treated similarly and does not result in
these vehicles being classified as CMVs.
Policy Requirements, and Operational Issues
Q:
What needs to be included in a drug & alcohol testing policy to meet the Federal
requirements?
A:
Please review the enclosed document entitled "Drug & Alcohol Testing Policy-11
Mandated Requirements". The sample policy developed by PACIF includes all 11 required
elements.
Q:
Are municipalities required to check the motor vehicle records (MVRs) of their
CDL drivers?
A:
Yes. This is an annual requirement for all employers with CMV operators and must also
be completed at hire. PACIF does not obtain MVRs on behalf of municipalities. A copy of the
Vermont Dept. of Motor Vehicles MVR form is included in the Hiring section of this manual.
Note that there should be no charge for obtaining MVRs because municipalities are
"governmental entities". Be sure to have the driver sign the authorization on the MVR form.
CDL drivers are also required to "self-certify" the presence or absence of any motor vehicle
violations in any state, on an annual basis. A sample self-certification form is enclosed in the
Recordkeeping section of the manual. Both the self-certification and MVR must be kept in the
driver qualification file. (See the driver qualification file documents in the Hiring and
Recordkeeping sections for more information on these and similar requirements.)
FAQ for Municipal Drug & Alcohol Testing Programs
Q:
If I have a current CDL driver who has a confirmed positive test result, can our
municipality terminate the employee?
A:
According the FMCSA rules, the only requirement is that the individual be referred to a
substance abuse professional (SAP). The municipality would initiate this process by contacting
Invest EAP who will provide an appropriate SAP referral. Financial responsibility for SAP
services is not dictated by US DOT regulation; therefore it should be clarified elsewhere in
municipal personnel policy – or may be included in the Drug & Alcohol Policy for CMV
Operators. The individual may be held responsible for any costs for those services (whether
covered through health insurance or not).
Since FMCSA regulations are silent on the issue of employee termination, Vermont laws may
apply. Our current recommendation is to develop a policy that mirrors the Vermont statute,
which in essence would not terminate the employee on the first positive test result. This will
help avoid potential employment practice liability claims, until such time as case law or changes
in the statute clarify legislative intent. Please reference language outlined in our model Drug &
Alcohol Policy for CMV Operators.
As is the case with any major employment action, consulting an attorney skilled in employment
law before taking action is a risk management best practice that PACIF highly recommends. To
take advantage of an initial, pre-loss consultation at no charge, please contact the Municipal
Assistance Center (802-229-9111) who will provide a referral to an employment practices
specialist, if appropriate.
Q:
We need to replace a CDL driver on our road crew and have decided to make an
offer to an applicant for the position. What are we required to do?
A:
Any offer of employment to a CDL driver must be made contingent upon the individual
satisfactorily completing a pre-employment drug test. In most cases, this test can be easily
arranged in advance with the testing provider. We recommend that the prospective employee not
do any work for the municipality until a negative test result is obtained. In no case should an
individual be hired and be permitted to perform safety-sensitive duties before the preemployment drug test is completed and passed. If a positive test result is obtained from a preemployment test, do not hire the individual.
In addition to pre-employment testing, your municipality must send a request to the prospective
employee's current and/or former employer(s) in an attempt to obtain prior drug & alcohol
testing information, as well as work history. This is a requirement. A form for this purpose is
included in the Hiring section of this manual.
Q:
If we suspect one of our commercial motor vehicle operators of using or being under
the influence of drugs or alcohol, can we have them tested right away?
A:
Reasonable suspicion tests are only permitted when managers and/or other supervisory
personnel have completed a qualifying training program on the signs and symptoms of drug and
alcohol use. VLCT/PACIF will periodically offer these training sessions at no cost, so contact us
if you would like to schedule this for individuals serving this function. Reasonable suspicion
training only needs to be completed once, with no requirement for a refresher.
FAQ for Municipal Drug & Alcohol Testing Programs
In order to legally conduct a reasonable suspicion test, a trained supervisor must have direct
information or a reasonable suspicion that drug and/or alcohol is being used by a CDL operator.
When requesting reasonable suspicion tests, the trained supervisor or manager should provide
written documentation of the observations and findings that supported the request to conduct the
testing. This documentation should be retained in the driver's personnel records.
Q:
If one of our CMV drivers has an accident while operating a commercial motor
vehicle, must the employee undergo drug and alcohol testing?
A:
Maybe. It depends on the outcomes of the accident. If there was a fatality, then yes
testing must occur. If citations were issued and there was medical treatment away from the
scene, or a vehicle was disabled, then typically testing is required.
Per FMCSA §382.303, alcohol testing can only be performed up to 8 hours after the incident.
Beyond that timeframe, the employer must document the reason why the testing was not
performed. If the alcohol test is delayed beyond 2 hours, the employer must document why the
test was delayed. Drug testing can be performed up to 32 hours after the incident. Since the
issuance of citations is often delayed, it will be important that the employer closely monitor the
situation to determine whether citations are issued within the 32 hour drug testing window so
that testing can be performed if required. Beyond 32 hours, the employer must document the
reasons why the testing was not performed. Please review the post-accident testing section in the
model drug and alcohol policy for additional guidance on this issue.
Q:
We have an existing employee who has not been in the drug and alcohol testing
program, but now wants to apply for a position on the road crew as a CMV driver. Do any
testing requirements apply?
A:
Yes. You should treat the employee as you would any job applicant and conduct preemployment drug testing. If you choose to offer the employee the CMV driver position, you
should offer it contingent upon successful completion of a drug test. If the person fails the test,
you should rescind the offer of employment. There is no requirement to refer the employee to
EAP (employee assistance program), but that would seem to be a prudent course of action.
A positive drug test result that arose from an existing (non-CMV operator) employee may have
some impact on the person's current employment, depending on your existing personnel policy.
Prior to considering any type of employment action (disciplinary action, termination, etc.), please
discuss the situation with an attorney skilled in employment law.
Q:
We use seasonal drivers at various times during the year to supplement our
highway crew. Do these drivers need to be in the drug and alcohol testing program?
A:
Yes. All drivers (including seasonal, part time or full time) of commercial motor vehicles
need to be in your drug and alcohol testing program. Each time seasonal drivers are hired (for
their "season"), they should undergo a pre-employment drug test and then be added to the drug &
alcohol random testing pool. When they leave employment they should be removed from the
pool. It is important that seasonal drivers understand that they need to be available for random
testing if their name is drawn. Failure to complete a random test could result in a refusal to test
result which is a prohibited conduct under the drug and alcohol regulations.
FAQ for Municipal Drug & Alcohol Testing Programs
In some cases, seasonal drivers may have concurrent employment with other CDL employers.
Since there is no mechanism to share drug testing information between the concurrent
employers, the municipality must complete pre-employment drug testing and place the seasonal
driver in their drug and alcohol testing pool as described above. This interpretation was
confirmed by the Federal DOT office in Montpelier.
Q:
Do our CMV operators need medical cards?
A:
Technically, municipal CMV operators who only operate their CDL vehicles on
municipal business are exempt from this requirement. These are called excepted drivers and
there are two classes–intrastate and interstate. Please review the CDL Medical Self-Certification
document from Vermont DMV that is located in the Guidance section. Employees who want to
retain the ability to work for non-municipal employers will need to get a medical card at least
every two years, or as per the physician's recertification timeline.
From a risk management perspective, we do encourage municipalities to establish medical card
requirements for the CMV operators, despite the exemption. The rationale is that the medical
examinations required to obtain the medical certification cards will provide the municipality with
a reasonable level of assurance that the drivers have no medical conditions that would make
them a safety risk to the general public. We believe that implementing a medical card
requirement is a reasonable risk management measure. As a side benefit, your CMV drivers will
also retain their ability to drive CMVs for non-municipal employers, if they ever have a need to.
(This makes it a good selling point to them as well.)
Q:
What are the consequences for an employer who does not fully comply with the
Federal DOT and FMCSA requirements regarding Drug & Alcohol testing for commercial
motor vehicle operators?
A:
All employers subject to these standards (including municipalities) can be inspected by
Federal DOT personnel. Employers found to be in non-compliance could be subjected to fines.
Q:
Who is responsible for reimbursing the SAP for services rendered? Who is
responsible for paying for return to duty testing or follow-up testing recommended by the
SAP?
A:
The DOT regulations do not affix responsibility for payment for SAP services upon any
single party. The DOT has left discussions regarding payment to employer policies and to labormanagement agreements. Therefore, in some instances, this issue has become part of labormanagement negotiations. Employer policies should address this payment issue.
Regarding follow-up testing recommended by the SAP, this occurs only after an acceptable
return to duty test is obtained. US DOT regulations do not affix payment responsibility for either
of these tests and therefore responsibility for payment, employee reimbursement of the employer,
etc. should be addressed by employer policy. This may be within the context of the Drug &
Alcohol policy or located in other personnel or reimbursement policies. There is no requirement
that it be outlined within the CMV Drug & Alcohol Policy. Lastly, whether the employer pays
FAQ for Municipal Drug & Alcohol Testing Programs
or the employee pays, the employer must ensure that follow-up testing occurs as required. The
employer will be held accountable if the follow-up testing plan is not followed.
Drug & Alcohol Testing Policy–11 Mandated Requirements
(FMCSA)
§ 382.601–Employer obligation to promulgate a policy on the misuse of alcohol and use of
controlled substances.
(a) General requirements. Each employer shall provide educational materials that explain the
requirements of this part and the employer's policies and procedures with respect to meeting
these requirements. (1) The employer shall ensure that a copy of these materials is distributed to
each driver prior to the start of alcohol and controlled substances testing under this part and to
each driver subsequently hired or transferred into a position requiring driving a commercial
motor vehicle.(2) Each employer shall provide written notice to representatives of employee
organizations of the availability of this information.
(b) Required content. The materials to be made available to drivers shall include detailed
discussion of at least the following:
1. The identity of the person designated by the employer to answer driver questions about the
materials
2. The categories of drivers who are subject to the provisions of this part
3. Sufficient information about the safety-sensitive functions performed by those drivers to
make clear what period of the work day the driver is required to be in compliance with this
part
4. Specific information concerning driver conduct that is prohibited by this part
5. The circumstances under which a driver will be tested for alcohol and/or controlled
substances under this part, including post-accident testing under §382.303(d)
6. The procedures that will be used to test for the presence of alcohol and controlled substances,
protect the driver and the integrity of the testing processes, safeguard the validity of the test
results, and ensure that those results are attributed to the correct driver, including postaccident information, procedures and instructions required by §382.303(d)
7. The requirement that a driver submit to alcohol and controlled substances tests administered
in accordance with this part
8. An explanation of what constitutes a refusal to submit to an alcohol or controlled substances
test and the attendant consequences
9. The consequences for drivers found to have violated subpart B of this part, including the
requirement that the driver be removed immediately from safety-sensitive functions, and the
procedures under part 40, subpart O, of this title
10. The consequences for drivers found to have an alcohol concentration of 0.02 or greater but
less than 0.04
11. Information concerning the effects of alcohol and controlled substances use on an
individual's health, work, and personal life; signs and symptoms of an alcohol or a controlled
substances problem (the driver's or a co-worker's); and available methods of intervening
when an alcohol or a controlled substances problem is suspected, including confrontation,
referral to any employee assistance program and or referral to management.
(c) Optional provision. The materials supplied to drivers may also include information on
additional employer policies with respect to the use of alcohol or controlled substances,
including any consequences for a driver found to have a specified alcohol or controlled
substances level, that are based on the employer's authority independent of this part. Any such
Drug & Alcohol Testing Policy–11 Mandated Requirements
(FMCSA)
additional policies or consequences must be clearly and obviously described as being based on
independent authority.
(d) Certificate of receipt. Each employer shall ensure that each driver is required to sign a
statement certifying that he or she has received a copy of these materials described in this
section. Each employer shall maintain the original of the signed certificate and may provide a
copy of the certificate to the driver.
Driver Disqualification Chart–Motor Vehicle Violations (per §383.51)
1 year
1 year
For a first
conviction or
refusal to be
tested while
operating a CMV
transporting
hazardous
materials required
to be placarded
under the
Hazardous
Materials
Regulations (49
CFR part 172,
subpart F), a
person required to
have a CDL and
CDL holder must
be disqualified
from operating a
CMV for…
3 years
1 year
1 year
3 years
Life
Life
1 year
Not applicable
3 years
Life
Not applicable
1 year
1 year
3 years
Life
Life
1 year
1 year
3 years
Life
Life
For a first
conviction or
refusal to be
tested while
operating a
CMV, a person
If a driver operates
required to
a motor vehicle and
have a CDL
is convicted of:
and a CDL
holder must
be disqualified
from
operating a
CMV for…
(1) Being under the
influence of alcohol
as prescribed by
State law.
(2) Being under the
influence of a
controlled
substance.
(3) Having an
alcohol
concentration of
0.04 or greater
while operating a
CMV
(4) Refusing to take
an alcohol test as
required by a State
or jurisdiction
under its implied
consent laws or
regulations as
defined in §383.72
of this part.
(5) Leaving the
scene of an
accident.
For a first
conviction or
refusal to be
tested while
operating a
non-CMV, a
CDL holder
must be
disqualified
from operating
a CMV for…
For a second
conviction or
refusal to be
tested in a
separate
incident of any
combination of
offenses in this
Table while
operating a
CMV, a person
required to have
a CDL and a CDL
holder must be
disqualified
from operating
a CMV for…
For a second
conviction or
refusal to be
tested in a
separate
incident of any
combination of
offenses in this
Table while
operating a
non-CMV, a
CDL holder
must be
disqualified
from operating
a CMV for…
Life
Life
Driver Disqualification Chart–Motor Vehicle Violations (per §383.51)
(6) Using the
vehicle to commit a
felony other than a
felony described in
paragraph (b)(9) of
this table.
1 year
1 year
3 years
Life
Life
(7) Driving a CMV
when, as a result of
prior violations
committed
operating a CMV,
the driver’s CDL is
revoked,
suspended, or
canceled, or the
driver is
disqualified from
operating a CMV.
(8) Causing a
fatality through the
negligent operation
of a CMV, including
but not limited to
the crimes of motor
vehicle
manslaughter,
homicide by motor
vehicle and
negligent homicide.
(9) Using the
vehicle in the
commission of a
felony involving
manufacturing,
distributing, or
dispensing a
controlled
substance.
1 year
Not applicable
3 years
Life
Not applicable
1 year
Not applicable
3 years
Life
Not applicable
Life-not eligible for
10-year
reinstatement.
Life-not eligible
for 10-year
reinstatement.
Life-not eligible
for 10-year
reinstatement.
Life-not
Life-not eligible
eligible for 10- for 10-year
year
reinstatement.
reinstatement.
Driver Disqualification Chart–Motor Vehicle Violations (per §383.51)
If a driver operates
a motor vehicle and
is convicted of a
second offense:
(1) Speeding
excessively,
involving any speed
of 24.1 kmph (15
mph) or more
above the posted
speed limit.
(2) Driving
recklessly, as
defined by State or
local law or
regulation,
including but not
limited to, offenses
of driving a motor
vehicle in willful or
wanton disregard
for the safety of
persons or
property.
(3) Making
improper or erratic
traffic lane
changes.
(4) Following the
vehicle ahead too
closely.
(5) Violating State
or local law relating
to motor vehicle
traffic control
60 days
For a second
conviction of any
combination of
offenses in this Table
in a separate incident
within a 3-year period
while operating a
non-CMV, a CDL
holder must be
disqualified from
operating a CMV, if
the conviction results
in the revocation,
cancellation, or
suspension of the CDL
holder’s license or
non-CMV driving
privileges, for…
60 days
120 days
For a third or
subsequent conviction
of any combination of
offenses in this Table
in a separate incident
within a 3-year period
while operating a nonCMV, a CDL holder
must be disqualified
from operating a CMV,
if the conviction
results in the
revocation,
cancellation, or
suspension of the CDL
holder’s license or
non-CMV driving
privileges, for…
120 days
60 days
60 days
120 days
120 days
60 days
60 days
120 days
120 days
60 days
60 days
120 days
120 days
60 days
60 days
120 days
120 days
For a second
conviction of any
combination of
offenses in this
Table in a separate
incident within a 3year period while
operating a CMV, a
person required to
have a CDL and a
CDL holder must
be disqualified
from operating a
CMV for…
For a third or
subsequent
conviction of any
combination of
offenses in this
Table in a separate
incident within a 3year period while
operating a CMV, a
person required to
have a CDL and a
CDL holder must be
disqualified from
operating a CMV
for…
Driver Disqualification Chart–Motor Vehicle Violations (per §383.51)
(other than a
parking violation)
arising in
connection with a
fatal accident.
(6) Driving a CMV
without obtaining a
CDL.
(7) Driving a CMV
without a CDL in
the driver’s
possession.1
(8) Driving a CMV
without the proper
class of CDL and/or
endorsements for
the specific vehicle
group being
operated or for the
passengers or type
of cargo being
transported.
(9) Violating a State
or local law or
ordinance on motor
vehicle traffic
control prohibiting
texting while
driving a CMV.2
(10) Violating a
State or local law or
ordinance on motor
vehicle traffic
control restricting
or prohibiting the
use of a hand-held
mobile telephone
while driving a
CMV.2
60 days
Not applicable
120 days
Not applicable
60 days
Not applicable
120 days
Not applicable
60 days
Not applicable
120 days
Not applicable
60 days
Not applicable
120 days
Not applicable
60 days
Not applicable
120 days
Not applicable
1
Any individual who provides proof to the enforcement authority that issued the citation, by the date the individual must
appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the citation was issued,
shall not be guilty of this offense.
2
Driving, for the purpose of this disqualification, means operating a commercial motor vehicle on a highway, including while
temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include
operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted
in a location where the vehicle can safely remain stationary.
Summary of Invest EAP's role in Positive Test Referrals
from the CDL Drug & Alcohol Program
Once the municipality's Designated Employer Representative (DER) is notified of a
positive test result from the testing provider, Invest EAP should be contacted to help
facilitate the next steps in the process.
The process begins when the municipality's DER contacts Myra Handy at Invest
EAP to advise that a CDL employee has tested positive on a DOT drug/alcohol
screening. Once this notification has occurred, EAP's role is as follows:
Note: The Invest EAP contact person for all CDL drug and/or alcohol referrals is
Myra Handy at 802.951.5156 or 888-392-0050.
1. EAP obtains from DER the name & contact info for employee, as well as name &
contact info for the DER who is phoning in the case.
2. EAP will then provide the DER with the names of 2 substance abuse professionals
(SAPs) that the DER should then provide to the employee. EAP can assist to assure
that the connection has been facilitated, and that communication will then occur as
per 49 CFR Part 40, between the SAP and DER.
3. EAP calls the SAPs to advise that an employee will be calling them for SAP services.
a. EAP provides the DER's name & phone to SAP to facilitate their
communication going forward.
b. EAP advises SAP that EAP may be billed for the cost of the service.
4. EAP can do a follow up call if requested (to the employee) to advise him/her to call
SAP directly to make appointment.
5. EAP calls the DER to check in. Future communication on the case will be directed
from SAP to DER as outlined in the FMCSA regulations. EAP stands by as a limited
facilitator as needed, while SAP, Employee, and DER each fulfills their procedural
obligations.
CDL Medical Self-Certification Information
DEPARTMENT OF MOTOR VEHICLES
Agency of Transportation
dmv.vermont.gov
New Federal Motor Carrier Safety Regulations go into effect for commercial driver’s license (CDL)
holders on January 30, 2012.
Starting on January 30, when you:
•
•
•
•
•
Apply for a CDL (A, B or C class)
Renew a CDL
Apply for a higher class of CDL
Apply for a new endorsement on a CDL
Apply for a duplicate CDL
You must self-certify that you operate in one of the following:
1. Non-excepted Interstate (NI), you operate or expect to operate in interstate commerce. You
are subject to 49 CFR part 391. (Must provide a current medical examiner's certificate plus
any waivers indicated on the certificate)
2. Non-excepted Intrastate (NA), you operate or expect to operate only in intrastate commerce
and are required to meet FMCSA driver qualification requirements. (Must provide a current
medical examiner's certificate ("Vermont only", which can be found on our website plus any
waivers indicated on the certificate) If you are under 21, or are insulin dependent diabetic, or
have monocular vision a K restriction will be added to your license/permit.
3. Excepted Interstate (EI), you operate or expect to operate in interstate commerce, but
engage exclusively in operations that qualify for exception of the requirement to maintain a
federal medical certificate.
4. Excepted Intrastate (EA), you operate or expect to operate in a city, county state or federal
vehicle ONLY and are exempt from the FMCSA driver qualification requirements.
NOTE: If you certify as Excepted a restriction J or K will be added to your license/permit.
Federal Motor Carrier Safety Regulations require self-certification. Reference 49 CFR 383.71
and 383.73
Those certifying in non-excepted interstate or non-excepted intrastate commerce (1 or 2 above)
must also provide their medical examiner’s certificate or DOT card to DMV where it will be added to
the driver’s personal driving history. Failure to present valid medical documentation will result in the
denial of the issuance or renewal of the CDL. Failure to maintain current medical documentation on
file with DMV may result in a suspension and/or downgrade of your CDL.
CDL holders can no longer claim exemption from medical certification requirements because they
are not currently operating in non-excepted interstate or non-excepted intrastate commerce. If not
specifically included in 3 or 4 above, they must maintain their medical certification or downgrade to
a non-commercial license.
All CDL holders must continue to carry all medical certification documents with them at all times
even after completing the self-certification process with DMV.
To read more about the new Medical Certification
(http://1.usa.gov/NewCDLRules).
Federal Requirement click
here,
CDL Medical Self-Certification Information
Attention School Bus Drivers
All CDL holders with a school bus endorsement are still required to submit the complete medical.
Keeping Things Current
You must ensure that your medical documentation on file with DMV remains current and accurate. If
you self-certify in a category exempt from medical certification requirements (3 and 4 above), and
later change to a non-excepted type of operation (1 or 2), you must recertify in the appropriate
category and provide proof of current medical certification to avoid potential enforcement actions
and the loss of your commercial driving privilege.
Need more information?
Call 802.828.2085 or
Email [email protected]
Determining What Category Applies to You
For the purpose of complying with the new requirements for self-certification, it is important to know
how you are using the commercial motor vehicle. To help you accurately determine this, you must
determine how you are using the commercial motor vehicle (CMV).
Follow these easy steps
1. Do you, or will you, use a CDL to operate a CMV in interstate or intrastate commerce?
Interstate commerce is when you drive a CMV:
•
•
•
From one state to another state or a foreign country;
Between two places within a state, but during part of the trip, the CMV crosses into
another state or foreign country; or
Between two places within a state, but the cargo is part of a trip that began or will end
in another state or foreign country.
You must be 21 years of age or older
Intrastate commerce is when you drive a CMV within a state and you do not meet any of
the descriptions above for interstate commerce.
If you operate in both intrastate commerce and interstate commerce, you must choose
interstate commerce.
2. Once you decide you operate or will operate in interstate commerce or intrastate commerce,
you must decide whether you operate (or expect to operate) in an excepted or non-excepted
status. This decision will tell you to which of the four types of commerce you must self-certify.
INTERSTATE COMMERCE:
You operate in excepted interstate commerce when you drive a CMV in interstate
commerce only for the following exempted activities:
•
•
•
•
As federal, state or local government employees
The transportation of human corpses or sick or injured persons
The operation of fire truck or rescue vehicles while involved in emergency and related
operations
Primarily in the transportation of propane winter heating fuel when responding to an
TA-VL-33a 5M 01/2012 MTC
Page 2
CDL Medical Self-Certification Information
•
•
•
•
•
emergency condition requiring immediate response such as damage to a propane gas
system after a storm or flooding;
In response to a pipeline emergency such as a leak or rupture
In custom harvesting on a farm or to transportation of farm machinery and supplies
used in the custom harvesting operation to and from a farm or within 150 miles of the
farm (does not apply to the transport of hazardous materials requiring a placard or to
combination vehicles)
Beekeeper in the seasonal transportation of bees
As a private motor carrier of passengers for non-business purposes
To transport migrant workers
If you answered yes to one or more of the above activities as the only operation in which you
drive, you operate in excepted interstate commerce and do not need a federal medical
examiner’s certificate.
If you answered no to all of the above activities, you operate in non-excepted interstate
commerce and are required to provide a current medical examiner’s certificate (49 CFR
391.45), commonly referred to as a medical certificate or DOT card. Most CDL holders who
drive in interstate commerce are non-except interstate commerce drivers.
If you operate in both excepted and non- excepted interstate commerce, you must select
non-excepted interstate commerce to be qualified to operate in both types of interstate
commerce.
INTRASTATE COMMERCE:
You operate in excepted intrastate commerce when you drive a CMV only in intrastate
commerce activities for which Vermont statutes do not require you to meet medical
certification requirements.
Most CDL drivers operating in Vermont operate in non-excepted intrastate commerce and
are required to obtain a medical certificate. This includes:
•
•
•
Drivers of vehicles over 26, 000 pounds gross vehicle weight
Drivers of vehicles that carry hazardous materials that require a placard
Drivers of vehicle designed to transport 16 or more persons including the driver
A Word about Waivers
If your medical examiner’s certificate is only valid with a vision, diabetes or a skills performance
evaluation waiver granted by the Federal Motor Carrier Safety Association (FMCSA ), you must also
provide a copy of your waiver.
TA-VL-33a 5M 01/2012 MTC
Page 3
Pre-Employment CDL Driver Qualification File Checklist
This document can serve as a hiring checklist to help the municipality make sure that it is complying with the
Federal CDL hiring requirements. Each driver's qualification file (DQF) must be retained for as long as a driver is
employed and for three years thereafter §391.51(c). The DQF must include documents from ongoing recordkeeping
(see the Recordkeeping section for more details) as well as the pre-employment documents listed below:
A completed CDL job application for each CMV driver, in accordance with §391.21 (required).
(This is not a standard job application). A sample is provided in the later pages of this section.
The driver qualification file elements from previous employers (§391.23). This includes employment record,
accident history, and alcohol and controlled substance testing records for the preceding 3 years from any DOT
regulated employer. If the records are not obtained from prior employer(s), evidence of the attempt must be
retained. All above documents must be maintained per §391.53. An employment history/drug & alcohol testing
request form is provided in the later pages of this section.
Acceptable pre-employment drug test results or exemption form filled out by previous employer (required).
NOTE: VLCT recommends each new employee undergo pre-employment drug testing and that the municipality
not utilize the exemption. Contact Occupational Drug Testing to schedule the pre-employment test.
Pre-employment motor vehicle records check results for prior 3 years from each state in which the driver has
operated a commercial motor vehicle (required by§391.23(a)(1)). This may require contacting states other than
Vermont. A copy of the Vermont DMV motor vehicle records request form is provided in the later pages of this
section and is also available on the Vermont DMV website (note that the document is 2 pages).
The certificate of driver's road test issued to the driver, or a copy of the commercial driver license (required
by §391.31(e)). VLCT/PACIF recommends that an actual road test be given to potential new hires.
(OPTIONAL) The DOT certified medical examiner's certificate of his/her physical qualification to drive a
commercial motor vehicle as required by §391.43(f) or a legible photographic copy of the certificate. (Note:
this is a "best practice" recommendation, as municipalities are typically exempt from this requirement).
We suggest that the municipality establish a policy requiring CDL drivers to maintain their medical
certification card. This best practice should start at hire and continue though the duration of
employment.
NOTES
•
•
•
Driver records must be maintained in a secure manner, similar to personnel records-but should be separate.
Additional information can be obtained from VLCT loss control staff and at: http://www.fmcsa.dot.gov/safetysecurity/eta/index.htm
In the event that Occupational Drug Testing is unable to meet an urgent schedule for hiring a new CDL driver, they
will direct you to the nearest certified clinic so that the pre-employment testing can be performed within a reasonable
timeframe.
Pre-Employment-Driver Qualification File Checklist
COMMERCIAL MOTOR VEHICLE OPERATOR
Applicant Acknowledgement of Drug & Alcohol Testing
Requirement
Job Title Applied for: _________________________________________
Municipality: ________________________________________________
I understand that as a condition of employment, I must successfully complete a drug test as
required by 49 CFR Part 655, Part 382 and Part 40, when requested by the employer. I also
understand that the employer may administer an optional pre-employment alcohol test if they so
desire.
I understand that a negative drug test is required before I will be permitted to perform safetysensitive duties. If a pre-employment alcohol test is administered, I understand that it must also
be negative. I also understand that if I fail the required drug test or optional alcohol test that I
will be eliminated from consideration for the above position and any contingent offer of
employment for that position will be withdrawn.
Printed Applicant Name: ______________________________________
Applicant Signature: _________________________________________
Printed Name (Witness): ______________________________________
Witness Signature: ___________________________________________
Date: _____________________
Form: Pre-employment testing acknowledgement
Employment History and CDL Drug & Alcohol Testing Request
Form
Your Entity Name
Mailing Address
Telephone & Fax #s
Contact Person
Email Address
Driver Applicant
Name
Social Security #
I hereby authorize and request [Enter Name of Prior Employer, Address & Telephone #]
______________________________________________________________________________
to release any and all information pertaining to my employment records to the above requesting
prospective employer as required by 49 CFR Section 391.23 and Section 40.25(b). You are
released from any and all liability which may result from releasing such information. The
Federal Motor Carrier Safety Regulations require that this information be released as part of the
Driver Qualification Process. Per 49 CFR Section 40.25(h), you are required to immediately
release this information to the above requesting employer.
Guidance to Prior Employers
Per 391.23(f) the driver's written consent is provided to the previous employer to ensure the proper release of
information required by FMCSA regulations. (g) Employers must:
(g)(1) Respond to each request for the DOT defined information in paragraphs (d) and (e) of this section within 30
days after the request is received (Drug and Alcohol Testing Information must be immediately released). If there
is no safety performance history information to report for that driver, previous motor carrier employers are
nonetheless required to send a response confirming the non-existence of any such data, including the driver
identification information and dates of employment.
(g)(2) Take all precautions reasonably necessary to ensure the accuracy of the records.
(g)(3) Provide specific contact information in case a driver chooses to contact the previous employer regarding
correction or rebuttal of the data.
(g)(4) Keep a record of each request and the response for one year, including the date, the party to whom it was
released, and a summary identifying what was provided.
Driver Printed Name: __________________________________
Driver Signature: _____________________________________
Witnessed by: __________________________________
Page 1
Date: ________________
Employment History and CDL Drug & Alcohol Testing Request
Form
Employment History
If the individual listed was not a CDL driver or in a safety sensitive position that required
him/her to be in a DOT Drug & Alcohol Testing program, check here:
The above applicant states that he/she was employed by you between the following dates:
From: ___________ To ___________
Please indicate the following:
1. Commercial Motor Vehicle Type
Straight Truck
Tractor/Semi trailer
Van
Bus
Flatbed
Cargo/Tanker
Dump Truck/Logging Truck
Other (please indicate vehicle type(s) ________________________________________
2. Was the applicant safe and efficient?
Yes
No
Remarks:
3. Did the applicant have any motor vehicle accidents while in your employ?
If yes, please describe details, outcome, and severity of accident.
4. Reason for leaving your employ:
Other (please describe):
Discharged
Laid off
Yes
Resigned
Please rate the driver for the following characteristics, using a check mark:
Characteristics
Quality of work
Cooperation with others
Safety Habits
Personal Habits
Driving Skills
Attitude
Excellent
Average
Page 2
Poor
No
Employment History and CDL Drug & Alcohol Testing Request
Form
Controlled Substance and Alcohol Testing Information–sections 382.413 and 40.259(b)
1. Was the above named individual in a random DOT compliant drug & alcohol testing
program during his/her employment with your company?
Yes
No
2. Has the above named individual had an alcohol test with a breath alcohol concentration
of 0.04 or greater while in your employ?
Yes
No
3. Has the above named individual had a controlled substance test with a positive result
while in your employ?
Yes
No
4. Has the above individual refused a controlled substance test or alcohol test while in your
employ?
Yes
No
5. Other violations of DOT Agency Drug and Alcohol testing regulations?
Yes
No
Addition Info Attached
Yes
No
6. Do you have documentation of the employee’s successful completion of the 49 CFR
Subpart O return to duty requirements?
Yes
No
Not Applicable
With Reference to question number 5, please identify the Substance Abuse Professional you
referred the driver to if he/she tested positive or refused testing.
Name:
Mailing Address
Phone #
Signed by: __________________________________________ Date: _________________
Printed Name: _______________________________________
Prior Employer Official Title: __________________________________________________
NOTE: You are required to release this information immediately per 49 CFR 382.405(f) &
40.25(h). Fines and penalties for not releasing this information is found in 49 CFR 382.507 under 49 USC 521(b).
Fines and penalties for not releasing this information is found in 49 CFR 382.507 under 49 USC 521(b).
We reserve the right to notify the US DOT Federal Motor Carrier Safety Administration in the event the above
information is not received.
Reply Mailed On: ___________________
Verified by Phone:
Yes
No
Person Contacted: _________________________________________________
Signature: ____________________________________________ Date: ________________
Page 3
Ongoing Recordkeeping: CDL Driver Qualification File Checklist
Once the CDL driver is hired, several of the following documents must be obtained annually to comply with DOT
requirements. Some are generated only when they the situation arises (such as testing results or disciplinary action
related to the operation of a motor vehicle).
Each driver's qualification file must be retained for as long as a driver is employed and for three years thereafter
§391.51(c). Each of the documents below must be retained in the driver qualification file, along with documents
obtained from the pre-employment process.
A copy of the annual motor vehicle records check results (required by §391.25(a)). Use the Vermont
DMV motor vehicle record request form for this purpose. A copy of this form is provided in the Hiring section
of this manual. Note that the driver's signature is required on the form.
A note relating to the annual review of the driver's driving record. This simply consists of a note (from you
the employer) that contains the name of the person reviewing the driver's records and the date of review. This
note is required by §391.25(c)(2)).
The driver's self-certification that lists all motor vehicle violations of motor vehicle laws and ordinances
occurring within last 12 months (required by §391.27). This form is used by the CMV driver to self-certify any
violations they have had or the absence thereof. The driver record annual self-certification form is included later
in this section.
The results of any random, reasonable suspicion or post-accident drug and alcohol tests that have been
performed on the employee. Return to duty and follow-up testing results must also be retained. Note that not all
motor vehicle accidents require post-accident testing. Review the model Drug & Alcohol Policy for additional
guidance.
Any disciplinary actions related to the operation of a commercial motor vehicle.
Notes:
•
•
Driver records must be maintained in a secure manner, but should be separate from personnel records.
Additional information can be obtained from VLCT and at: http://www.fmcsa.dot.gov/safety-security/eta/index.htm
Ongoing Recordkeeping-Driver Qualification File Checklist
Driver Record Annual Self Certification Form
This form provides documentation that the employee noted below has provided a
certification of his/her driving record in accordance with 391.27 of the FMCSA standards.
This form is to be completed annually by the CDL driver to certify his/her driving record
for the past year.
Name of driver making certification: ________________________________
I certify that the following is a true and complete list of motor vehicle traffic
violations (other than parking violations) for which I have been convicted or
forfeited bond or collateral during the past 12 months that have occurred in any
motor vehicle in any of the 50 states.
Date of conviction #1:________________________________________________
Offense location: ___________________________________________________
Type of motor vehicle operated: ________________________________________
Date of conviction #2:_________________________________________________
Offense location: ____________________________________________________
Type of motor vehicle operated: _________________________________________
**Provide additional details on the back page for any additional convictions as required
above. Attach additional sheets if needed.
If no violations are listed above, I certify that I have not been convicted or forfeited
bond or collateral on account of any violation required to be listed during the past
12 months.
Driver's signature: _______________________________
Date of certification: ________________
Municipality name: ____________________________________________________
Municipality's address: _________________________________________________
Reviewer signature & title: _______________________________________
Note: This form should be retained by the employer in the driver qualification file.
MEMORANDUM
To:
Municipal Officials
From: PACIF and the VLCT Municipal Assistance Center
89 Main Street, Suite 4
Montpelier, Vermont
05602-2948
Tel.: (802) 229-9111
Fax: (802) 229-2211
e-mail:
[email protected]
web:
www.vlct.org
Date:
March 6, 2014
RE:
Model Drug and Alcohol Policy for Municipalities with
Commercial Motor Vehicle (CMV) Operators
This memorandum and revised Model Drug & Alcohol Policy outlines changes to our
recently recommended policy document, based on a more comprehensive review of federal
regulations and Vermont statutes. This revised policy should replace the policy that you
may have obtained from PACIF or the VLCT website. An editable version of this
document is also available on the VLCT website.
PACIF has developed the attached model policy to assist municipalities that are regulated
by the U.S. Department of Transportation (DOT). A municipality is a DOT-regulated
employer if any of its employees operate commercial motor vehicles (CMVs). Even among
the employees of a DOT-regulated municipality, the provisions of this policy only apply to
those municipal employees who operate or are expected to be able to operate CMVs as part
of their municipal employment. The policy also applies to potential CMV operators during
the pre-employment process. Municipal employees who hold CDLs but are otherwise not
expected to operate CMVs are not subject to this policy.
This policy has been developed based on the requirements articulated by DOT in Title 49,
Part 40 of the Code of Federal Regulations (CFR). Your municipality is responsible for
editing this document so that it reflects the practices and policies that have been adopted by
your municipality which conform to federal and state requirements. Your opportunities for
editing are limited to the sections within this policy that are marked with "guidance" and
are accompanied by bolded text. You must replace this guidance language with language
that reflects your municipality's policies.
We suggest that you have your municipal attorney review the final language in the
document to ensure that the choices you have made regarding personnel and other issues do
not conflict with any federal or state law, other municipal personnel policies or otherwise
place the municipality in an adverse position relative to employment practices liability or
other risks or legal issues.
Please note: Federal regulations provide little guidance in regard to the consequences of a
positive test. Under Vermont law, an employee may not be terminated for a positive test if
s/he agrees to participate in and then successfully completes the municipality's employee
assistance program (EAP). Until there is more clarity about whether state law applies in the
context of testing for CMV operators, PACIF recommends that municipalities take a
conservative approach and assume that they are bound by the restrictions of state law.
Sponsor of:
VLCT Health Trust, Inc.
VLCT Municipal Assistance
Center
VLCT Property and Casualty
Intermunicipal Fund, Inc.
VLCT Unemployment
Insurance Trust, Inc.
Because of the various and significant compliance issues regarding testing and because of
the risk of a claim for wrongful termination, we recommend that a municipality take only
the following action after receiving notice of a confirmed positive test result: immediately
suspend the employee with pay while the municipality consults with PACIF or with the
municipality's attorney about the possibility of unpaid suspension or other disciplinary
measures. As always, please call us if you have questions about this policy or if you would
like to arrange for some onsite training on these matters.
[Name of municipality] Drug & Alcohol Policy for CMV Operators
Introduction
This policy applies to employees and prospective employees of [Name of Municipality] who operate
commercial motor vehicles (CMVs) or who will operate CMVs if they are hired, transferred or
promoted. Employees and prospective employees are not subject to this policy by virtue of holding a
CDL unless their job duties may require them to operate a CMV.
All other municipal employees are subject to the provisions of the municipality's personnel policy
regarding alcohol and drug use and testing, if applicable.
The policy was developed based on the requirements articulated by the U.S. Department of
Transportation (DOT) in Title 49, of the Code of Federal Regulations (CFR).
This personnel policy does not constitute a contract of employment. Employment with [Name of
Municipality] is at will and not for any definite period or succession of periods of time. The Town or
the employee may terminate employment at any time, with or without notice. The selectboard reserves
the right to amend any of the provisions of this personnel policy for any reason and at any time, with or
without notice.
Section 1: Applicability
This policy applies to all [name of municipality] employees and prospective employees who operate
commercial motor vehicles (CMVs) while engaged in any municipal business. This policy supersedes
any provisions in the town's personnel policy regarding the consequences of the possession or use of
drugs and alcohol as they pertain to CMV operators.
For purposes of this policy,
Commercial motor vehicle or CMV means a motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property if the motor vehicle:
•
•
•
•
Has a gross combination weight rating of 11,794 or more kilograms (26,001 or more pounds)
inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kilograms (10,000
pounds); or
Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds); or
Is designed to transport 16 or more passengers, including the driver; or
Is of any size and is used in the transportation of materials found to be hazardous for the purposes
of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded
under the Hazardous Materials Regulations (49 CFR part 172, subpart F).
Individuals operating the above vehicles must have a valid commercial driver's license (CDL).
Each employee who is subject to this policy is required to sign an acknowledgement that he or she has
been provided a copy of this policy. This acknowledgement will be maintained in the town's personnel
files as part of the driver qualification file. An acknowledgement form is included as Appendix C.
Given the varied nature of municipal needs, employees who are employed to operate CMVs have the
potential to serve in safety-sensitive functions during any part of their job. Therefore, employees are
2
[Name of municipality] Drug & Alcohol Policy for CMV Operators
subject to this policy at all times while they are actively working and during periods when they may be
called into work (e.g. to respond to weather-related incidents, respond to emergency situations, etc.).
Safety-sensitive functions and other terms are defined in Appendix A: Definitions.
Guidance: Insert here a reference to the page or section of your personnel policy that addresses
being on-call for duty, if such a policy exists. As a minimum, address the issue that CMV
operators will need to remain substance-free during expected winter events and other
anticipated emergency incidents, given the likelihood that they will be called in to work and thus
must be in compliance with elements of this Drug & Alcohol Policy.
Section 2: Responsibility for Employee Information
The [Name of Municipality] has assigned [responsible person's title here] as the individual who can
provide employees with information regarding this Drug & Alcohol Policy and answer related
questions on the pertinent issues. Employees may also obtain information about applicable Federal
regulations from 49 CFR. Sources of information are provided in Appendix B of this policy.
Guidance: This individual may or may not be the same person as your designated employer
representative (DER). The DER is the person that receives the calls from the vendor that
performs the testing pursuant to this policy. It is important that the person named above
understand the municipality's drug & alcohol policy and also have access to the FMCSA
requirements online. One document that may be helpful to download from DOT/FMCSA is
entitled "A Motor Carrier's Guide to Improving Highway Safety".
Section 3: Prohibited Conduct
Conduct listed in this section is prohibited.
•
•
•
•
•
•
•
Having a verified positive, adulterated or substituted drug test result.
Performing safety-sensitive functions after notification of a verified positive, substituted or
adulterated drug test result or an EBT alcohol test result indicating a measured alcohol
concentration of 0.02% or greater, regardless of when the drug or alcohol was ingested and
regardless of whether or not the driver is under the influence of alcohol or using drugs, as defined
in federal, state or local law.
Reporting for duty or remaining on duty any time there is a quantifiable presence of a prohibited
drug in the body above the minimum thresholds defined in 49 CFR PART 40, as amended.
Consuming alcohol while performing safety-sensitive job functions or while on-call to perform
safety-sensitive job functions. An on-call employee who has consumed alcohol must acknowledge
the use of alcohol at the time that he/she is called to report for duty.
Consuming alcohol within four (4) hours prior to the performance of safety-sensitive job functions.
Misusing or being impaired by authorized or prescribed use of drugs or over-the counter
medications which may affect work performance or pose a danger to the safety of the driver or to
others. Drivers are required to inform the employer’s designated representative of any therapeutic
drug use that has the potential to impact the safe operation of equipment or motor vehicles.
In cases where prescribed medication labeling suggests that machinery operation or driving may be
compromised in any way, the driver shall obtain written authorization from the prescribing
physician indicating that the driver is able to safely operate a CMV while using the substance. This
3
[Name of municipality] Drug & Alcohol Policy for CMV Operators
•
•
•
•
must be provided to the municipality prior to operation of said CMV while using the prescribed
substance(s).
Reporting to work or remaining on duty requiring while having an alcohol concentration of 0.02%
or greater regardless of when the alcohol was consumed.
Consuming alcohol for eight (8) hours following involvement in an accident or before submitting
to any required post-accident drug/alcohol testing, whichever occurs first.
Engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited
substances in the work place including municipal premises, vehicles, while in uniform or while on
municipal business.
Refusal to submit to alcohol or drug testing, as defined in Section 4, below.
Section 4: "Testing Refusal" Defined
Under federal law, a test refusal is considered as a positive test and has the same consequences. An
employee or prospective employee is considered to have refused a test when s/he does any of the
following:
•
•
•
•
•
•
•
•
•
•
Fails to appear for any test within a reasonable time, as determined by the employer or testing pool
administrator, after being directed to do so by the employer;
Fails to remain at the testing site until the testing process is complete;
Fails to provide a urine specimen for any drug test required by Part 40 or DOT agency regulations;
In the case of an observed collection in a drug test, fails to permit the observation or monitoring of
the collection of a specimen;
Fails to provide a sufficient amount of urine when directed, and it has been determined, through a
required medical evaluation, that there was no adequate medical explanation for the failure;
Fails to provide an adequate amount of saliva or breath for any alcohol test required, and it has
been determined, through a required medical evaluation, that there was no adequate medical
explanation for the failure;
Fails or declines to take a second test that the employer or collector has directed the employee to
take;
Fails to undergo a medical examination or evaluation, as directed by the medical review officer
(MRO) as part of the verification process, or as directed by the DER as part of the "shy bladder''
procedures;
Fails to cooperate with any part of the testing process (e.g., refuses to empty pockets when so
directed by the collector, behaves in a confrontational way that disrupts the collection process);
If the MRO reports that there is verified adulterated or substituted test result.
Section 5: Testing
All testing and specimen collection prescribed under this policy will be done in accordance with
federal requirements. Prescribed testing includes: pre-employment, random, reasonable suspicion,
post-accident, return to duty, and follow-up, if applicable.
Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using
techniques, equipment, and laboratory facilities which have been approved by the U.S. Department of
Health and Human Service (DHHS). All testing will be conducted consistent with the procedures set
forth in 49 CFR Part 40, as amended. The procedures will be performed in a private, confidential
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[Name of municipality] Drug & Alcohol Policy for CMV Operators
manner, and every effort will be made to protect the employee, the integrity of the drug testing
procedure, and the validity of the test result.
Section 5a: The Drug Testing Process
The drug testing process will screen for drugs including marijuana, cocaine, opiates, amphetamines,
and phencyclidine. The use of certain over-the-counter medications and other substances may result in
a positive test.
After the identity of the donor is checked using picture identification, a urine specimen will be
collected using the split specimen collection procedure. Each specimen will be accompanied by a
DOT Chain of Custody and Control Form and identified using a unique identification number that
attributes the specimen to the correct individual. The specimen analysis will be conducted at a DHHS
certified laboratory.
An initial drug screen and validity test will be conducted on the primary urine specimen. For those
specimens that are not negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS)
test will be performed. The test will be considered positive if the amounts of the drug(s) and/or its
metabolites identified by the GC/MS test are above the minimum thresholds established in 49 CFR
Part 40, as amended.
Guidance: If a drug test produces a result of negative dilute the employer may require the donor
to submit to another specimen collection. The re-collection cannot be done under direct
observation. If the employer adopts a policy of re-collection for negative-dilute results, all
employees must be treated the same. However, the employer may elect to treat different types of
tests differently (e.g. re-collect for pre-employment tests, but not for random tests). If a second
test is performed and is also negative-dilute, the employer must accept that result and cannot
continue re-collections. The second test is the test of record. Under federal law, an
applicant/employee's refusal to submit to a recollection for a negative-dilute result is a refusal to
test. You should state your municipal policy on this issue here.
The test results from the DHHS certified laboratory will be reported to a Medical Review Officer
(MRO). The MRO is a licensed physician with detailed knowledge of substance abuse disorders and
drug testing. The MRO will review the test results to ensure the scientific validity of the test and to
determine whether there is a legitimate medical explanation for a verified positive, substituted, or
adulterated test result. The MRO will:
•
•
Attempt to contact the employee to notify the employee of the non-negative laboratory result and
provide the employee with an opportunity to explain the confirmed laboratory test result.
Review any medical history and/or medical records that have been offered by the employee to
determine whether there is a legitimate medical explanation for a non-negative laboratory result.
If no legitimate medical explanation is found, the test will be confirmed as a verified positive or a
refusal to test and reported to the [Name of Municipality] Designated Employer Representative
(DER). If a legitimate explanation is found, the MRO will report the test result as negative to the
DER and no further action will be taken. If the test is invalid without a medical explanation, a
retest will be conducted under direct observation.
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[Name of municipality] Drug & Alcohol Policy for CMV Operators
Any covered employee who questions the results of a required drug test performed under this policy
may request that the split specimen be tested. The employee's request for a split specimen test must be
made to the MRO within 72 hours of notice of the original specimen verified test result. Requests after
72 hours will only be accepted at the discretion of the MRO if the delay was due to documentable facts
beyond the control of the employee.
The original collected urine specimen is split into 2 specimens (primary specimen and split specimen)
prior to testing, expressly for this purpose. The split specimen test must be conducted at a second
DHHS-certified laboratory with no affiliation with the laboratory that analyzed the primary specimen.
The test must be conducted on the split specimen that was provided by the employee at the same time
as the primary specimen. The method of collecting, storing, and testing the split specimen will be
consistent with the procedures set forth in 49 CFR Part 40, as amended.
Guidance: The municipality should decide who will pay for the cost of the split specimen test and
may require the employee to cover these costs. Federal guidance suggests that an employee's
inability to fund the cost of the split sample test upfront should not impact the timeline for
testing. It also states that employers may recoup the cost of the test. An example of policy
language that reflects option is provided below:
Any covered employee, who elects to have a split specimen tested, agrees to fully reimburse the
municipality for all costs associated with the testing. Reimbursement may be recouped via payroll
deduction, or any other mutually agreeable method(s).
Whether the municipality adopts this language, or some other reimbursement or cost sharing
arrangement, this policy language should be clearly stated here.
•
If the analysis of the split specimen fails to confirm the presence of the drug(s) detected in the
primary specimen, if the split specimen is not able to be analyzed, or if the results of the split
specimen are not scientifically adequate, the MRO will declare the original test to be canceled and
will direct a retest of the employee under direct observation. The retest must occur as quickly
after notification as possible.
•
The split specimen will be stored at the initial laboratory until the analysis of the primary
specimen is completed. If the primary specimen tests negative, the split specimen will be
discarded. If the primary specimen tests positive, the split specimen will be retained for testing if
so requested by the employee through the MRO. If the primary specimen is positive, both the
primary and split specimens will be retained in frozen storage for one year.
Section 5b: Observed Collections
Consistent with 49 CFR Part 40, collection under direct observation by a person of the same gender
with no advance notice will occur in any of the following circumstances:
•
•
•
The laboratory reports to the MRO that a specimen is invalid, and the MRO reports to the
municipality that there was not an adequate medical explanation for the result;
The MRO reports to the municipality that the original positive, adulterated, or substituted test
result had to be cancelled because the test of the split specimen could not be performed;
The test is a return-to-duty test or a follow-up test;
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[Name of municipality] Drug & Alcohol Policy for CMV Operators
•
•
•
The collector observes materials brought to the collection site or the employee's conduct clearly
indicates an attempt to tamper with a specimen;
The temperature of the original specimen was out of range; or
The original specimen appeared to have been tampered with.
Section 5c: The Alcohol Testing Process
Tests for breath alcohol concentration will be conducted by a trained Breath Alcohol Technician
(BAT) using a National Highway Traffic Safety Administration (NHTSA)-approved Evidential Breath
Testing device (EBT).
If the initial test results indicate that alcohol is present, a confirmatory test will be conducted at least
fifteen minutes after the completion of the initial test and will be performed by a trained BAT using a
NHTSA-approved EBT. The EBT will identify each test with a unique sequential identification
number. This number, time, and unit identifier will be provided on each EBT printout. The EBT
printout, along with an approved alcohol testing form, will be used to document the testing, all results,
and to attribute the test to the correct employee.
The test will be performed in a private, confidential manner as required by 49 CFR Part 40, as
amended. The procedure will be followed as prescribed to protect the employee, to maintain the
integrity of the alcohol testing procedures and ensure the validity of the test result. An employee who
has a confirmed alcohol concentration of 0.04% or higher will be considered to have a positive alcohol
test and will be in violation of this policy. The consequences of a positive alcohol test are described in
Section 6: Consequences of a Positive Test.
An employee undergoing alcohol testing who does not to provide a sufficient amount of breath to
permit a valid breath test will be directed to obtain an evaluation within 5 days, from a licensed
physician who has expertise in the medical condition raised by the employee's failure to provide a
sufficient specimen. The results of this evaluation will be reviewed by the MRO to determine the
result of the test.
Even though an employee who has a confirmed alcohol concentration of 0.02% to 0.039% is not
considered to have had a positive test, the employee shall still be removed from safety-sensitive duties
for twenty-four hours.
Subsequent to the required 24-hour removal, the employee will:
•
•
Meet with [list representatives appropriate for your municipality here-e.g. selectboard member,
HR Mgr, DPW director, Road Foreman, etc.] to review the need to avoid alcohol use from any
source during or proceeding work hours.
If the employee has an alcohol test result of 0.02% to ≤ 0.039% two or more times within a six
month period, the employee will again meet with a municipal representative from the list above to
review the need to avoid alcohol use. The employee will be provided with contact and related
information for the EAP program (currently Invest EAP). There is no requirement that the
employee access those services.
Guidance: The above bullets are a recommended risk management practice, as they attempt to
educate the employee and provide a conduit for substance abuse assistance.
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[Name of municipality] Drug & Alcohol Policy for CMV Operators
An alcohol concentration of less than 0.02% will be considered a negative test.
The municipality affirms the need to protect individual dignity, privacy, and confidentiality throughout
the testing process. If at any time the integrity of the testing procedures or the validity of the test
results is compromised, the test will be canceled. Minor inconsistencies or procedural flaws that do
not affect the test result will not result in a cancelled test.
Section 5d: Pre-employment Testing
Guidance: There are some circumstances in which an employer is not required to administer a
controlled substances pre-employment test. See 49 CFR Part 40. However, given the complexity
of assuring the compliance with those conditions and the fact that PACIF will cover the cost of
pre-employment drug testing, we strongly encourage the adoption of a policy that requires preemployment drug testing for all new hires.
An employer may conduct, but is not required to conduct pre-employment alcohol testing. If an
employer chooses to conduct pre-employment alcohol testing, it must comply with the provisions
of 40 CFR 382.301(d) and include applicable policy language here. The model policy proposes
that only pre-employment drug testing be performed.
When an individual applies to work for the town in a position that involves the operation of a CMV, or
when a municipal employee is under consideration for a position that involves the operation of a CMV,
that person will be required to undergo pre-employment urine drug testing. All offers of employment
and offers for transfer for covered positions shall be conditional upon the applicant passing the drug
test. Pre-employment testing must be completed prior to the individual working in the new position.
Pre-employment drug testing will be accomplished by providing advance notice of the test schedule
and location to the position applicant. The length of the advance notice period will be kept as short as
is reasonably feasible to coordinate and complete the test.
If an applicant fails a pre-employment drug test, the conditional offer of employment shall be
rescinded. Prior to future consideration for employment performing safety sensitive duties, the
municipality must receive evidence from a substance abuse professional that meets with the
requirements 49 CFR part 40 as amended, regarding the absence of drug dependency. A negative preemployment drug test will also be required.
Any applicant who fails a pre-employment drug test will be provided the results of the test along with
the current Invest EAP brochure. This serves to provide the individual with information about
substance abuse treatment opportunities.
Guidance: If you have chosen to require job applicants that have a negative dilute drug test to
undergo a second test as outlined in this section 5a, you must add that policy language here.
When an existing employee is being placed, transferred, or promoted into a position that is covered by
this policy and that person submits a drug test with a verified positive result, the employee may be
subject to disciplinary action as outlined in the municipal personnel policies. That employee will also
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[Name of municipality] Drug & Alcohol Policy for CMV Operators
be eliminated from consideration for the position which triggered the need for the pre-employment
test.
If a pre-employment/pre-transfer test is canceled for any reason, the applicant will be required to take
and pass a pre-employment drug test before the individual is placed into a covered CDL position or
performs safety sensitive duties.
Section 5e: Random Testing
All municipal CDL drivers are placed in the VLCT PACIF-sponsored Drug & Alcohol Testing
Consortium that is operated by the third party administrator, Occupational Drug Testing, LLC (ODT).
These employees are subject to random, unannounced testing. There is no discretion on the part of the
employer or supervisor in the selection and notification of the individuals who are to be tested. The
selection of employees is made by a scientifically valid method of randomly generating an employee
identifier from the pool of covered employees.
The dates for administering unannounced testing are randomly selected each quarter, with a minimum
percentage of the pool's drivers selected for drug testing, alcohol testing, or both as required by Federal
regulations.
Random drug tests can be conducted at any time during an employee’s shift. Random alcohol tests can
be performed just before, during, or just after the performance of a safety-sensitive duty. Employees
are required to proceed immediately to the collection site or make themselves immediately available to
collectors when they notified that they have been selected for testing.
Section 5f: Reasonable Suspicion Testing
All covered employees will be subject to a reasonable suspicion drug and/or alcohol test when there is
a reasonable suspicion to believe that drug or alcohol use is occurring, has recently occurred, or that
the person is under the influence of drugs or alcohol. "Reasonable suspicion" shall mean that there is
objective evidence, based upon specific, contemporaneous, describable observations of the employee's
appearance, behavior, speech or body odor that are consistent with possible drug use and/or alcohol
misuse.
Reasonable suspicion drug test referrals will only be made by a supervisor or other designated
individual with employee monitoring and assignment responsibilities who has received "reasonable
suspicion training" in accordance with FMCSA regulations. The training ensures that supervisors or
other designated employees with similar responsibilities have the skills and knowledge to objectively
detect the signs and symptoms of drug and alcohol use in employees covered by this policy.
Guidance: Municipalities should contact their PACIF loss control consultant if reasonable
suspicion training is needed for select employees.
A reasonable suspicion alcohol test can only be conducted just before, during, or just after the
performance of a safety-sensitive job function. A reasonable suspicion drug test can be performed any
time the covered employee is on duty.
The [Name of Municipality] shall be responsible for transporting the employee who will be tested to a
suitable testing site identified by ODT. Transport shall include travel to and from the location and to
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[Name of municipality] Drug & Alcohol Policy for CMV Operators
the individual's residence, as they should not be permitted to work when they may be under the
influence of a drug or alcohol.
Supervisors should avoid placing themselves and/or others into a situation which might endanger the
physical safety of those present. An employee who refuses an instruction to submit to a reasonable
suspicion drug/alcohol test shall not be permitted to finish his or her shift and will be subject to other
employment consequences. Failure to submit to a reasonable suspicion test is prohibited conduct (test
refusal), the consequences of which are outlined in Section 6: Consequences of a Positive Test.
A written record of the observations that led to a reasonable suspicion drug/alcohol test shall be
prepared and signed by the supervisory individual making the observation. This record shall be
prepared prior to the release of the test results. This written record shall be submitted to [title of person
who retains HR-related records].
Guidance: Because it may be used to support termination and compliance with FMCSA
regulations, this record should go to the individual(s) responsible for human resource matters.
This document should also be retained in both the personnel folder and the driver qualification
file.
Section 5g: Post Accident Testing
All covered employees will be required to undergo post-accident urine and breath testing if they are
involved in an accident with a CMV that meets the criteria outlined in the following chart:
If the accident involved any of the
following:
Qualifying event: Was a
citation issued to the CMV
driver?
Must test be performed by
employer?
Human fatality
YES
YES
Human fatality
NO
YES
Bodily injury with immediate medical
treatment away from the scene.
YES
YES
Bodily injury with immediate medical
treatment away from the scene.
NO
NO
Disabling damage to any motor vehicle
requiring tow away.
YES
YES
Disabling damage to any motor vehicle
requiring tow away.
NO
NO
If an alcohol test required by this section is not administered within two hours following the accident,
the municipality will document and maintain a record stating the reason(s) why the test was not
promptly administered. If an alcohol test required by this section is not administered within eight hours
following the accident, the municipality will cease attempts to administer an alcohol test and will
document the conditions that led to the time delay and failure to test.
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[Name of municipality] Drug & Alcohol Policy for CMV Operators
If a drug test required by this section is not administered within 32 hours following the accident, the
municipality will cease attempts to administer a controlled substances test and will document and
maintain a record stating the reasons the test was not given within the required timeframe.
Section 6: Consequences of a Positive Test
The medical review officer will report positive test results to the DER only after the verifying the test
results as outlined in 49 CFR, Part 40 as amended. When the DER is notified of this positive test result,
the employee will be immediately suspended from operating CMVs and other safety-sensitive duties
for the municipality and will be referred to a Substance Abuse Professional (SAP) for substance abuse
assessment and/or treatment.
On the day that the positive test results are received, the employee will be suspended from all duties
with pay. Subsequent to that, the employee may be suspended without pay. The employee's length of
suspension will run the period of time in which it takes the individual to satisfactorily complete the
treatment (as confirmed by the treating SAP), and last for up to 3 months from the date the positive test
result was received. After that period, if the employee has not successfully completed treatment, the
employee may be terminated.
Guidance: The employer may choose to allow the employee who had a positive test to perform
non-safety-sensitive duties. The decision to use the employee in this manner or suspend the
employee from all duties as outlined above, is a policy decision and should be stated here.
Initial suspension with pay is implemented to allow the municipality time to consult with PACIF
or an employment attorney to ensure that the employment decision that is made is legally sound.
Since employees have 72 hours in which to request testing of the split sample (which could prove
the positive test result incorrect), it is advisable to suspend the employee with pay for at least this
timeframe.
The decision whether to terminate employment at the end of the 3 month period (if the employee
has not completed treatment) should be made after consultation with an attorney and with
reference to any labor agreements that are in place.
Any employee who has an initial positive test and has the split sample tested and obtains a negative
result will immediately be permitted to return to their normal job duties.
An employee who provides written documentation from an SAP that substance abuse treatment has
been satisfactorily completed within the 3 month suspension period must fulfill all return to duty
testing requirements in Section 7: Return to Duty Testing prior to performing any safety-sensitive
duties. Follow-up testing will also be required as directed by the SAP.
An employee who has a second positive test after completing return to duty testing may be terminated.
Guidance: Payment for substance abuse evaluations and services is left for employers and
employees to decide and may be governed by existing management-labor agreements and/or
health care benefits. Your municipal policy should state who is responsible for the costs of
treatment, as well as the costs of return to duty and follow-up testing. This policy with regard to
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[Name of municipality] Drug & Alcohol Policy for CMV Operators
the costs of testing may be similar or identical to the split specimen testing reimbursement policy
in Section 5a, if not otherwise specified in existing labor agreements.
Section 7: Return to Duty Testing
Guidance: As outlined in Section 6: Consequences of a Positive Test, an employee with a positive
test must undergo and complete treatment with a SAP, prior to returning to safety-sensitive
duties. This individual must also undergo return to duty testing required by the SAP and receive
a negative result, before returning to safety sensitive duties. While employers do have the option
of using this individual to perform non-safety sensitive functions while they are undergoing
treatment, they are not obligated to do so. Municipalities may prefer to suspend an employee
with a positive test (as outlined in Section 6: Consequences of a Positive Test) and have the
employee complete return to duty testing when authorized by the SAP. Note that collective
bargaining agreements may affect municipal policy on this issue. The following policy language
is recommended:
Covered employees having a positive test will not be permitted to return to duty (to safety sensitive
functions) until after a substance abuse professional has determined that the employee has successfully
complied with prescribed education and/or treatment. The SAP will authorize the return to duty testing
only when the employee is known to be drug and alcohol-free and there is no risk to public safety. The
SAP will provide written documentation that the treatment has been completed and that the employee
may undergo return to duty testing. The employee will then be allowed to take a return-to-duty test, as
directed by the treating SAP.
The employee must have a negative drug test result and/or an alcohol test with an alcohol
concentration of less than 0.02 before they may return to duty. For an initial positive drug test, a return
to duty drug test is required and an alcohol test is allowed. For an initial positive alcohol test, a return
to duty alcohol test is required and a drug test is allowed. Return to duty testing MUST be performed
under direct observation.
Section 8: Follow-Up Testing
After satisfactory completion of return to duty testing, the driver is required to submit to at least 6
follow up tests during the first 12 months after resuming safety sensitive duties. Follow-up testing
may be required for up to 60 months unless the substance abuse professional determines that testing is
no longer warranted. The number and frequency of follow-up tests will follow the written guidance
provided by the treating SAP. All follow-up tests are unannounced and may include testing for drugs
and/or alcohol.
Follow-up alcohol testing will be conducted only when the driver is performing or just before
performing safety sensitive functions, or just after the driver has ceased performing safety-sensitive
functions. Follow-up testing MUST be performed under direct observation.
Follow-up testing is separate from and in addition to random, post-accident, reasonable suspicion, and
return to duty testing.
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[Name of municipality] Drug & Alcohol Policy for CMV Operators
Section 9: Employee Information
Employees are encouraged to seek information regarding the effects of alcohol and controlled
substances and their health, employment, and personal life. Such information is available at:
http://www.higheredcenter.org/resources/national-clearinghouse-alcohol-and-drug-information-ncadi
http://www.samhsa.gov/;
http://www.fmcsa.dot.gov/rules-regulations/topics/drug/drug.htm
http://www.investeap.org/
http://www.dot.gov/odapc/employee-handbook-english
APPENDIX A: Definitions
Accident means an occurrence associated with the operation of a CMV, if as a result:
•
An individual dies, or
•
An individual suffers a bodily injury and immediately receives medical treatment away from the
scene of the accident, or,
•
One or more vehicles incur disabling damage as the result of the occurrence and are transported
away from the scene by a tow truck or other vehicle. For purposes of this definition, disabling
damage means damage that precludes departure of any vehicle from the scene of the occurrence in
its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles
that could have been operated but would have been further damaged if so operated, but does not
include:
o damage which can be remedied temporarily at the scene of the occurrence without
special tools or parts, or
o tire disablement without other damage even if no spare tire is available, or
o damage to headlights, taillights, turn signals, horn, mirrors or windshield wipers that
makes them inoperative.
Adulterated specimen is a specimen that has been altered, as evidenced by test results showing either a
substance that is not normally found in that type of specimen or showing an abnormal concentration of
a substance that is normally found in that specimen.
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight
alcohols contained in any beverage, mixture, mouthwash, candy, food, preparation or medication.
Alcohol Concentration is expressed in terms of grams of alcohol per 210 liters of breath as measured
by an evidential breath-testing device (EBT).
Commercial motor vehicle means a motor vehicle or combination of motor vehicles used in
commerce, to transport passengers, or property if the motor vehicle:
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[Name of municipality] Drug & Alcohol Policy for CMV Operators
•
•
•
•
Has a gross combination weight rating of 11,794 or more kilograms (26,001 or more pounds)
inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kilograms (10,000
pounds); or
Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds); or
Is designed to transport 16 or more passengers, including the driver; or
Is of any size and is used in the transportation of materials found to be hazardous for the purposes
of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded
under the Hazardous Materials Regulations (49 CFR part 172, subpart F).
Covered Employee means an employee who performs a safety-sensitive function including an
applicant or transferee who will be hired to perform a safety-sensitive function. Employees who
operate CMVs are considered to be performing safety-sensitive functions.
Medical Review Officer (MRO) means a licensed physician (medical doctor or doctor of osteopathy)
who is responsible for receiving laboratory results generated by the drug testing program who has
knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate
an individual's confirmed positive test result, together with his/her medical history and any other
relevant bio-medical information.
Negative test result for a drug test means a verified presence of the identified drug or its metabolite
below the minimum levels specified in 49 CFR Part 40, as amended. An alcohol concentration of less
than 0.02% BAC is a negative test result.
Negative Dilute is a drug test specimen showing a creatinine level of greater than 5mg/dl and less than
20 mg/dl.
Non-negative test result is a test result found to be adulterated, substituted, invalid, or positive for a
drug or drug metabolites. Non-negative results are considered a positive test or a refusal to test if the
MRO cannot determine a legitimate medical explanation for the result or the refusal.
Observed Collection means the donor will provide his or her sample under the direct observation of
either a collector or another individual of the same gender. The donor must raise his or her shirt,
blouse, or dress/skirt, as appropriate, above the waist; and lower clothing and underpants to show the
observer, by turning around, that he/she does not have a prosthetic device. After the observer has
determined that the donor does not have a prosthetic device, the donor may return his/her clothing to
its proper position for observed urination.
Positive test result for a drug test means a verified presence of the identified drug or its metabolite at
or above the minimum levels specified in 49 CFR Part 40, Section 40.87 as amended. A positive
alcohol test result means a confirmed alcohol concentration of 0.04% BAC or greater. Any positive
test result reported to the DER by the medical review officer is verified by the MRO prior to reporting.
Primary specimen. In drug testing, the primary specimen is the urine specimen bottle that is opened
and tested by a first laboratory to determine whether the employee has a drug or drug metabolite in his
or her system; and for the purpose of validity testing. The primary specimen is distinguished from the
split specimen, defined in this section.
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[Name of municipality] Drug & Alcohol Policy for CMV Operators
Prohibited drug means marijuana, cocaine, opiates, amphetamines, phencyclidine, or MDMA
(ecstasy) at levels above the minimum thresholds specified in 49 CFR Part 40, as amended.
Safety-sensitive function includes the timeframe that begins when a driver starts work or is required to
be in readiness to work until the time he/she is relieved from work and all responsibility for performing
work. Safety-sensitive functions shall include:
•
•
•
•
•
•
All time at an employer or shipper plant, terminal, facility, or other property, or on any public
property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;
All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
All time spent at the driving controls of a commercial motor vehicle in operation;
All time, other than driving time, in or upon any commercial motor vehicle except time spent
resting in a sleeper berth;
All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading,
attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in
giving or receiving receipts for shipments loaded or unloaded; and
All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Shy Bladder refers to any time a safety-sensitive employee is unable to provide a 45ml. sample of
urine in a single void within a three hour time period.
Split specimen. In drug testing, a part of the urine specimen that is sent to a first laboratory and
retained unopened, and which is transported to a second laboratory in the event that the employee
requests that it be tested following a verified positive test of the primary specimen or a verified
adulterated or substituted test result.
Substance Abuse Professional (SAP) means a licensed physician (medical doctor or doctor of
osteopathy) or licensed or certified psychologist, social worker, employee assistance professional, or
addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors
Certification Commission or by the International Certification Reciprocity Consortium/Alcohol and
other Drug Abuse) with knowledge of and clinical experience in the diagnosis and treatment of drug
and alcohol related disorders.
Verified negative test means a drug test result reviewed by a medical review officer and determined to
have no evidence of prohibited drug use above the minimum cutoff levels established in DOT Rule 49
CFR Part 40 Section 40.87 as revised.
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 or foreign substances
were added to the urine, if the urine was diluted, or if the specimen was substituted.
APPENDIX B: Contacts & Information
OCCUPATIONAL DRUG TESTING, LLC
Manchester, NH
800-211-4469
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[Name of municipality] Drug & Alcohol Policy for CMV Operators
VLCT/PACIF
Risk Management Services
89 Main St. Montpelier, Vermont 05602
802-229-9111
INVEST EAP
108 Cherry Street, Suite 203
Burlington, Vermont 05401
MAIN OFFICE: 888.392.0050
FAX: 802.863-7515
[email protected]
Employee Access to Information
49 CFR part 40 and 49 CFR part 382 must be available upon request to covered employees and
representatives of employee organizations. 49 CFR part 40 is accessible on line at
http://www.dot.gov/ost/dapc, by fax on demand at 1-800-225-3784 requesting document 151, by
phone at 1-866-512-1800, or by writing to U.S. Department of Transportation, Office of Drug and
Alcohol Policy and Compliance, 400 Seventh Street SW, Room 10403, Washington, D.C. 20590.
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[Name of municipality] Drug & Alcohol Policy for CMV Operators
APPENDIX C: CMV Drug & Alcohol Testing Policy-Acknowledgement Form
[Name of Municipality]
I HEREBY ACKNOWLEDGE that I have received a copy of and read and understand my employer’s
CMV Drug & Alcohol Testing Policy. I understand that I must abide by its terms as a condition of
employment. I understand that during my employment I may be required to submit to a controlled substances
and/or alcohol test based on U.S. Department of Transportation (DOT) and Federal Motor Carrier Safety
Administration (FMCSA) regulations.
I also understand that refusal to submit to a controlled substances or alcohol test is a violation of DOT
regulations and the above referenced policy and may result in disciplinary action, including suspension (with or
without pay) or termination of employment for gross and willful misconduct. I further understand the
consequences of controlled substances and/or alcohol use as outlined in this policy.
I acknowledge that the provisions of my employer's CDL Drug and Alcohol Policy are part of the terms
and conditions of my employment, and that I agree to abide by them.
By signing below, I also acknowledge that I understand the meaning of this form and agree that it will
be used to document my understanding of the CDL Drug & Alcohol Testing Policy.
Printed Name of Employee/Applicant: __________________________________________
Signature of Employee/Applicant: ______________________________________________
_________________________________
Employee/Applicant CDL ID #
Date: ______________________
Witness Signature: ___________________________________________________________
Date: ______________________
Original Acknowledgment of Receipt and Understanding will be kept in the Driver's Qualification
File. Check here
to confirm copy given to employee/applicant.
17
[Name of municipality] Drug & Alcohol Policy for CMV Operators
APPENDIX D: Drug Cutoff & Testing Limits as per DOT Rule 49 CFR Part 40 Section 40.87
Initial test cutoff
concentration
Confirmatory test analyte
Confirmatory test cutoff
concentration
Marijuana metabolites
50 ng/mL
THCA1
15 ng/mL.
Cocaine metabolites
150 ng/mL
Benzoylecgonine
100 ng/mL.
2000 ng/mL
Codeine
2000 ng/mL.
Morphine
2000 ng/mL.
10 ng/mL
6–Acetylmorphine
10 ng/mL.
25 ng/mL
Phencyclidine
25 ng/mL.
500 ng/mL
Amphetamine
250 ng/mL.
Methamphetamine5
250 ng/mL.
MDMA
250 ng/mL.
MDA7
250 ng/mL.
MDEA8
250 ng/mL
Initial test analyte
Opiate metabolites
Codeine/Morphine2
6–Acetylmorphine
Phencyclidine
Amphetamines3
AMP/MAMP4
MDMA6
500 ng/mL
1
Delta-9-tetrahydrocannabinol-9-carboxylic acid (THCA).
2
Morphine is the target analyte for codeine/morphine testing.
3
Either a single initial test kit or multiple initial test kits may be used provided the single test kit
detects each target analyte independently at the specified cutoff.
4
Methamphetamine is the target analyte for amphetamine/methamphetamine testing.
5
To be reported positive for methamphetamine, a specimen must also contain amphetamine at a
concentration equal to or greater than 100 ng/mL.
6
Methylenedioxymethamphetamine (MDMA).
7
Methylenedioxyamphetamine (MDA).
8
Methylenedioxyethylamphetamine (MDEA).
Note: These cutoff limits may be subject to periodic revision by DOT.
18
Vermont League of Cities and Towns
Property and Casualty Intermunicipal Fund, Inc.
89 Main Street, Suite 4
Montpelier, Vermont 05602
Tel:
Fax:
(802) 229 - 9111
(800) 649 - 7915
(802) 229 - 2211
Email: [email protected]
Website: www.vlct.org
March 2014