Commercial Motor Vehicle Operations Manual

For Municipalities

Commercial

Motor Vehicle

Operations

Manual

VLCT PACIF Loss Control

1-800-649-7915

[email protected]

*Please note that the Model Drug & Alcohol Policy for CMV Operators should be downloaded from www.vlct.org.

Commercial Motor Vehicle Operations Manual

for Municipalities

Table of Contents

I. Important Contact Information

Occupational Drug Testing, LLC

Invest EAP - Substance Abuse Professional (SAP)

VLCT Loss Control Consultants

II. 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

Reasonable Suspicion Checklist

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

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, hiring, and on-going record keeping

requirements. If your municipality does not have CMVs that are driven by employees, you are

not required to comply with DOT commercial motor vehicle requirements and do not need this

manual.

PACIF Risk Management Services is pleased to provide our members with this Commercial

Motor Vehicle Operations Manual. In it you will find numerous resources, forms, guidance and

a CDL drug and alcohol testing policy template, 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 included a copy of our Drug & Alcohol testing policy template 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 policy template in Word from the VLCT website so that it can edited.

Simply go to our homepage www.vlct.org and search for 'CMV' in the resource bar. After

locating the document, save it to your computer and edit as needed. Please keep in mind that all

employers with employees who operate commercial motor vehicles must have a drug & alcohol

testing 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 10/2018

24-Hour EMERGENCY LineReasonable Suspicion . Post-Accident

1-800-967-3135BE PREPARED TO PROVIDE THE FOLLOWING INFORMATION:

YOUR NAME . PHONE NUMBER LOCATION OF INCIDENT . REASON FOR CALL

Questions, Concerns, & Employer Contact Information Updates [email protected]

James Bernier Program Administrator802-225-8350 Ext.1031

Remove Drivers Upon Termination/ Leave & Update Driver Information

[email protected]

James Bernier Program Administrator

802-225-8350 Ext.1031

Drug and Alcohol Test Result Inquiries

[email protected]

Brittany ParkMedical Review Officer Assistant

802-225-8350 Ext.1021

Invoice or Billing Inquiries [email protected]

Jennifer Rindo Accounting Manager

802-225-8350 Ext.1063

Alternate Clinic Locations and Forms [email protected]

Kate ColburnProgram Manager

802-225-8350 Ext.1031

Primary Scheduling & Collections Random and Pre-Employment Tests

[email protected]

Wesley “Jamie” Davis Vermont Collection Manager

802-839-0171

OCCUPATIONAL DRUG TESTING, LLC.www.occupationaldrugtesting.com

1-802-225-8350

VLCT PACIFLoss Control1-800-649-7915

[email protected]

PACIF CDL Drug & Alcohol Testing ConsortiumImportant Contact Information

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 immediately at:

(800) 287-2173

Follow the prompts for immediate assistance and ask for a Clinical Manager to be paged. 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]

Wade MasureSenior Loss Control

Consultant

Jim CarrienLoss ControlConsultant

Jeff TheisSenior Loss Control

Consultant

VLCT PACIF Loss Control Consultant Territories

Updated 06-28-2018

Frequently Asked Questions (FAQs) for Municipal Commercial Motor Vehicle Operations

FAQs Page 1 of 8

This list of frequently asked questions (FAQs) arises from the many commonly asked questions we receive from designated employer representatives (DERs), selectboard members, highway department supervisors and others charged with administering or complying with State and Federal commercial motor vehicle 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.

Commercial Motor Vehicles vs. Heavy Equipment 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: 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.

Q: Although not a CMV, does municipally owned heavy equipment (such as a bucket

loader, grader, or backhoe) that operate over the public roads need a registration? A: Yes, per Vermont DMV these are issued municipal plates and must be registered. Q: A municipality rents a wheeled excavator and has it delivered to the town garage by a

vendor owner. They drive it over the road to a jobsite, possibly using it for several days and at several locations. The vehicle is not registered by the owner. How does the municipality handle this situation?


FAQs Page 2 of 8

A: Per Vermont DMV, this vehicle must be registered. From PACIF's perspective, it makes the most sense that the vehicle be registered by the vehicle owner, who is essentially renting or leasing it out. They should understand that it may be used over public roads. The municipality should request the vehicle owner to register the vehicle. Example-when renting a car, the renter does not register the vehicle. The rental car company does.

Q: In cases where vehicles are trailered to a job site and trailered back to a central

location without traveling over the road, do these vehicles need a current registration? Similarly, would a heavy equipment vehicle located at a sand pit need a registration?

A: Per Vermont DMV, if the job site is open to the public flow of traffic or the

vehicle/equipment is driven over the road, it must be registered. Any specific questions should be directed to Vermont DMV.

Q: Is there a requirement that these same (heavy equipment) vehicles also have current

Vermont inspection stickers? A: Per Vermont DMV, there is no inspection requirement - however the PACIF loss control

recommendation is that these vehicles do undergo periodic inspections by qualified mechanics to ensure that all safety systems and equipment performs properly and is in a good state of repair.

Drug and Alcohol Testing 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: 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.


FAQs Page 3 of 8

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: 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.

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: Does the FMCSA ever suspend random, pre-employment and other drug & alcohol

testing requirements during emergencies? A: No, there are not any storm or disaster waivers for the drug & alcohol testing, per FMCSA. 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 &


FAQs Page 4 of 8

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. If you are considering taking some type of employment action, please contact Risk Management staff (802-229-9111) who will provide a referral to one of our attorney partner firms for up to 3 hours of free legal assistance.

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.

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. NOTE – a Reasonable Suspicion Testing Checklist is provided for your use and can be found in the guidance section of the CMV Operations Manual.

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


FAQs Page 5 of 8

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 pre-employment 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. This will require planning in advance to ensure that tests are completed PRIOR to hiring. When they leave employment they should be removed from the pool. Alternatively, seasonal drivers can remain in the pool, but only if the driver understands that they must 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.

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.


FAQs Page 6 of 8

Q: One of our drivers was injured and will is expected to be out of work for a month or more. Does this driver need to be removed from the drug and alcohol testing pool?

A: Any driver that will be out of work and unavailable for testing for more than one (1) selection period (quarter), MUST be removed from the from the testing pool. Best practice is to remove the employee from the testing pool after they have not performed safety sensitive duties for 30 days.

In practice, an employee who is out of work for this period should be considered for removal from the testing pool. Before pulling them from the pool, it would be important to consider where you are in the testing cycle and any additional amount of time that the employee is expected to be out of work. Once the employee is removed from the pool, the employee MUST have a DOT pre-employment test, per 49 CFR 382 before they return to safety sensitive duties. If you are not sure whether or not to remove the driver, please call Occupational Drug Testing, LLC at 1-802-225-8350 for further guidance.

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 labor-management agreements. Therefore, in some instances, this issue has become part of labor-management 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 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.


FAQs Page 7 of 8

Operational Issues 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 pre-employment drug test is completed and passed. If a positive test result is obtained from a pre-employment test, do not hire the individual.

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.)

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 the PACIF Drug and Alcohol Testing Manual.

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


FAQs Page 8 of 8

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: Are municipal commercial motor vehicle operators with "J" (excepted intrastate)

restrictions on their CDL permitted to cross state lines in their commercial motor vehicles while performing municipal business (examples, hauling sand/gravel to their garage from an out of state pit, dropping off or picking up a vehicle from service/repairs or purchasing a new vehicle).

A: Per Vermont DMV, CMV operators with J restrictions ARE permitted to cross state lines

while operating municipal commercial motor vehicles on municipal business. Q: Are pre-trip and post-trip vehicle inspections required for municipalities? A: While researching the issue of commercial motor vehicle daily inspections, we learned that

neither the FMCSA, nor Vermont DMV actually require pre or post trip inspections for municipal commercial motor vehicles. However, in our discussions with both agencies, they were quite clear that they highly recommend that municipalities do these inspections. We believe that completing daily vehicle inspections is a risk management best practice and agree that municipalities should be doing these as part of their safety and risk management program. Completing daily inspections of your commercial motor vehicles is the best way to ensure that they are safe to operate and it increases the likelihood that they will be ready when they are needed. Please contact your loss control consultant for a sample pre-trip vehicle inspection report form. These are also available on our website.

If we have not answered your question, please contact your loss control consultant or our office directly at 800-6549-7915. You may also email [email protected].

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 post-

accident 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

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrredirectpage.aspx?contentid=1951#Tag13

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrredirectpage.aspx?contentid=1951#Tag13

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrredirectpage.aspx?contentid=1524

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)

If a driver operates a motor vehicle and is convicted of:

For a first conviction or refusal to be tested 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 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 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…

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…

(1) Being under the influence of alcohol as prescribed by State law.

1 year 1 year 3 years Life Life

(2) Being under the influence of a controlled substance.


(3) Having an alcohol concentration of 0.04 or greater while operating a CMV

1 year Not applicable 3 years Life Not applicable

(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.


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.


(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.

Life-not eligible for 10-year reinstatement.





Driver Disqualification Chart–Motor Vehicle Violations (per §383.51)

If a driver operates a motor vehicle and is convicted of a second offense:

For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year 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 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…

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 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 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…

(1) Speeding excessively, involving any speed of 24.1 kmph (15 mph) or more above the posted speed limit.

60 days 60 days 120 days 120 days

(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


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.

60 days Not applicable 120 days Not applicable

(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


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.

VLCT PACIF Employer Protocol for SAP referrals to INVEST EAP: What to do in the event of a positive test result

If you receive notification that a CDL employee has tested positive to drugs or alcohol as part of the PACIF-provided Drug & Alcohol Testing program, you are required by federal regulations to provide that employee with a referral to a Substance Abuse Professional (SAP). PACIF has arranged for free SAP referrals for all members through INVEST EAP.

Protocol:

1. When the Designated Employer Representative (DER) receives officialnotification that an employee has tested positive, he/she should immediately callINVEST EAP @ 800-287-2173 to initiate coordination of Substance AbuseProvider (SAP) services for the employee. Follow the prompts to obtainimmediate assistance and request that a clinical manager be paged if needed.

2. Once the referral request has been received, INVEST EAP will quickly identifySAP options and will provide the DER with 2 SAP names and contactinformation that the DER should then provide to the employee.

3. The role of the SAP is to complete an assessment of the employee relative tosubstance. The SAP will determine if the employee needs education or educationand treatment. Whatever the recommendation, the SAP will make a referral forcounseling and/or education with a separate Licensed Alcohol and Drug Clinician(LADC) for a defined program of education and treatment as is deemednecessary by the SAP. The costs associated with the treatment and educationstage are to be covered by the employee or employee’s insurance.

4. INVEST EAP can continue to serve as a limited information liaison with themunicipality during the treatment phase, but any needed communication shouldflow between DER and SAP directly.

5. The employee is responsible for completing the prescribed course of treatmentwith the counselor, after which the SAP reviews the case and authorizes a returnto duty test, if treatment has been satisfactorily completed.

6. The SAP files the appropriate report/documentation with the employer and willbill INVEST EAP directly for SAP services.

Should a municipality make a referral to a SAP outside of INVEST EAP, there is no guarantee that INVEST EAP or PACIF will cover the cost of that referral.

8/2018 INVEST EAP & VLCT PACIF

Commercial Driver's License Medical Self-Certification

DEPARTMENT OF MOTOR VEHICLESAgency of Transportation

dmv.vermont.gov

The Federal Motor Carriers Safety Regulations require all CDL holders to self-certify as part of any CDL issuance as to what type of driving he/she performs or expects to perform.

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 and youare subject to 49 CFR Part 391, for which you must provide a current Medical Examiner's Certificateplus any waivers indicated on the certificate.

2. Non-Excepted Intrastate (NA): You operate, or expect to operate, only in Intrastate Commerce andare required to meet FMSCA driver qualification requirements, for which you must provide a current“Vermont Only” Medical Examiner's Certificate. (This certificate, form number TA-VN-08, can befound at dmv.vermont.gov/commercial-services.)

3. Excepted Interstate (EI): You operate, or expect to operate, in Interstate Commerce, but engageexclusively in operations that qualify for exception of the requirement to maintain a MedicalExaminer's Certificate.

4. Excepted Intrastate (EA): You operate, or expect to operate, in a city, county state or federal vehicleONLY, and are exempt from the FMCSA driver qualification requirements.

Those certifying in Non-Excepted Interstate Commerce, or Non-Excepted Intrastate Commerce (numbers 1 or 2 above), must also provide their Medical Examiner’s Certificate or DOT card to DMV where it will be added to your personal driving history. Failure to present valid medical documentation will result in the denial of the issuance or renewal of your CDL, while failure to maintain current medical documentation on file with DMV may result in a suspension and/or downgrade of your CDL.

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 Medical Certification Federal Requirement visit the U.S. Department of Transportation, Federal Motor Carrier Safety Administration at: http://bit.ly/MedSelfCert

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 (numbers 3 and 4 above), and later change to a non-excepted type of operation (numbers 1 or 2 above), 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.

1. Do you, or will you, use a CDL to operate a CMV in Interstate Commerce 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-exceptedstatus. This decision will tell you to which of the four types of commerce you must self-certify.

3. If you are currently not operating a commercial motor vehicle and wish to retain your CommercialDriver’s License, you may certify as Excepted Interstate (EI). When you begin operation of a commercial motor vehicle, you will be required to update your certification and provide a valid DOT Medical Card.

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1. Do you, or will you, use a CDL to operate a CMV in Interstate Commerce orIntrastate 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 intoanother state or foreign country, or

Between two places within a state, but the cargo is part of a trip that began or will endin 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 mustchoose Interstate Commerce.

2. Once you decide you operate, or will operate, in Interstate Commerce or IntrastateCommerce, you must decide whether you operate, or expect to operate, in an excepted ornon-excepted status. This decision will tell you to which of the four types of commerce you mustself-certify.

3. If you are currently not operating a commercial motor vehicle and wish to retain your CommercialDriver’s License, you may certify as Excepted Interstate (EI). When you begin operation of acommercial motor vehicle, you will be required to update your certification and provide a validDOT Medical Card.

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 steps:

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 emergencycondition requiring immediate response such as damage to a propane gas system after a storm orflooding.

In response to a pipeline emergency such as a leak or rupture.

In custom harvesting on a farm or for 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).

o Note: Medical card required for articulated farm vehicle >10,000 pounds.

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.

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.

If you need more information, please call 802.828.0598 Monday – Friday, 7:45 AM – 4:15 PM, except for holidays, or email us at: [email protected]

Pre-Employment CDL Driver Qualification File Checklist

Pre-Employment-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/safety-

security/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.

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COMMERCIAL MOTOR VEHICLE OPERATOR

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Applicant Acknowledgement of Drug & Alcohol Testing Requirement

Form: Pre-employment testing acknowledgement

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 safety-

sensitive 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: _____________________


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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: _____________________________________ Date: ________________ Witnessed by: __________________________________


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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? Yes No If yes, please describe details, outcome, and severity of accident.

4. Reason for leaving your employ: Discharged Laid off Resigned Other (please describe):

Please rate the driver for the following characteristics, using a check mark:

Characteristics Excellent Average Poor Quality of work Cooperation with others Safety Habits Personal Habits Driving Skills Attitude


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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). 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: ________________

Ongoing Recordkeeping: CDL Driver Qualification File Checklist

Ongoing Recordkeeping-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

Driver Record Annual Self Certification Form

Note: This form should be retained by the employer in the driver qualification file.

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: _______________________________________

Guidance

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.

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 to request an employment practice liability (EPL) referral. 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.

Note: Please delete this italicized guidance section during final editing

[Name of municipality] Drug & Alcohol Policy for CMV Operators

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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 as follows: Any single vehicle with a gross vehicle weight rating (GVWR) of 26,001 pounds or more. A combination vehicle with a gross combination weight rating (GCWR) of 26,001 or more pounds,

provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds. A vehicle designed to transport 16 or more passengers (including the driver). Any size vehicle which requires hazardous material placards or is carrying material listed as a

select agent or toxin in 42 CFR part 73.

Individuals operating the above vehicles must have a valid commercial driver's license (CDL). Note that emergency vehicles (e.g. fire apparatus are not CMVs).

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 subject to this policy at all times while they are actively working and during periods when they may be


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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 name 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: It is important that this person’s name be updated whenever a new individual assumes these responsibilities. 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


4

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 the performance of safety sensitive duties 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


5

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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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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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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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 pre-employment 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 pre-employment 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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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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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. A Reasonable Suspicion Testing Checklist is an excellent way to document the suspicion element. PACIF has provided one for member use in the guidance section of the CMV Operations Manual. 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


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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.

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 clarified in this section. 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. PACIF members are encouraged to contact PACIF to obtain a no-cost referral to one of our participating employment practice attorneys. 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.


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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 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.

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Follow-up testing is separate from and in addition to random, post-accident, reasonable suspicion, and return to duty testing.

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.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

Guidance: it is suggested that the municipality visit these websites and pre-print some information so that it is readily available to provide to an employee in the event of a request for information. While providing the links to data sources will benefit most individuals, some may not have access to the internet, the ability to print, or skills to obtain the information. Thus, having some printed materials available for these individuals is desirable.


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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:

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


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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.

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:


16

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.


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APPENDIX B: Contacts & Information OCCUPATIONAL DRUG TESTING, LLC Manchester, NH 800-211-4469 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.

http://www.dot.gov/ost/dapc


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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.


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APPENDIX D: Drug Cutoff & Testing Limits as per DOT Rule 49 CFR Part 40 Section 40.87

Initial test analyte Initial test

cutoff1 Confirmatory test

analyte Confirmatory test cutoff

concentration

Marijuana metabolites (THCA)2 50 ng/mL3 THCA 15 ng/mL.

Cocaine metabolite (Benzoylecgonine)

150 ng/mL3 Benzoylecgonine 100 ng/mL.

Codeine/ Morphine

2000 ng/mL Codeine Morphine

2000 ng/mL. 2000 ng/mL.

Hydrocodone/ Hydromorphone

300 ng/mL Hydrocodone Hydromorphone

100 ng/mL. 100 ng/mL.

Oxycodone/ Oxymorphone

100 ng/mL Oxycodone Oxymorphone

100 ng/mL. 100 ng/mL.

6-Acetylmorphine 10 ng/mL 6-Acetylmorphine 10 ng/mL.

Phencyclidine 25 ng/mL Phencyclidine 25 ng/mL.

Amphetamine/ Methamphetamine

500 ng/mL Amphetamine Methamphetamine

250 ng/mL. 250 ng/mL.

MDMA4/MDA5 500 ng/mL MDMA MDA

250 ng/mL. 250 ng/mL.

1For grouped analytes (i.e., two or more analytes that are in the same drug class and have the same initial test cutoff):

Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte. The cross-reactivity of the immunoassay to the other analyte(s) within the group must be 80 percent or greater; if not, separate immunoassays must be used for the analytes within the group.

Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending on the technology. At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present (i.e., equal to or greater than the laboratory's validated limit of quantification) must be equal to or greater than the initial test cutoff.

2An immunoassay must be calibrated with the target analyte, Δ-9-tetrahydrocannabinol-9-carboxylic acid (THCA).

3Alternate technology (THCA and Benzoylecgonine): When using an alternate technology initial test for the specific target analytes of THCA and Benzoylecgonine, the laboratory must use the same cutoff for the initial and confirmatory tests (i.e., 15 ng/mL for THCA and 100ng/mL for Benzoylecgonine).

4Methylenedioxymethamphetamine (MDMA).

5Methylenedioxyamphetamine (MDA).

NOTE: These cutoff limits may be subject to periodic revision by DOT.

[65 FR 79526, Dec. 19, 2000, as amended at 75 FR 49862, Aug. 16, 2010; 77 FR 26473, May 4, 2012; 82 FR 52244, Nov. 13, 2017]

Vermont League of Cities and Towns Property and Casualty Intermunicipal Fund, Inc.

89 Main Street, Suite 4 Montpelier, Vermont 05602

Tel: (802) 229 - 9111(800) 649 - 7915

Fax: (802) 229 - 2211

Email: [email protected] Website: www.vlct.org

October 2018

Commercial Motor Vehicle Operations Manual

Documents

Transcript of Commercial Motor Vehicle Operations Manual