cabarrus county board of commissioners regular meeting november ...

October 17, 2011 (Regular Meeting)Page49CFR Part 40, as amended, shall be considered to have testedpositive. A DOT regulated alcohol or drug test may only use urine,saliva, and breath sample.AppendixEmployees Covered by Department of Transportation (DOT) RegulationsG. Together with other accident testing which may be required by theCounty, DOT regulated employees must complete DOT drug and alcoholtests as soon as possible after they are involved in an accidentwhile operating a County owned or leased vehicle, if the accidentinvolves:1. FMCSA accident requiring testing: An accident in which a fatalityis involved; one or more motor vehicles are towed from the sceneor someone is treated medically away from the scene, and acitation is issued to the CMV driver within 8 hours of theoccurrence under state or local law for a moving violationarising from the accident and either of the aforementionedsituations occur.2. FTA accident requiring testing: An accident in which a fatality isinvolved, one or more motor vehicle receives disabling damage orsomeone requires immediate medical attention away from the scene,unless the driver can be completely discounted as a contributingfactor. All other covered employees whose performance could havecontributed to a non-fatal accident (defined edin G. 2. Of thisAppendix), as determined by the employer using the best informationavailable at the time of the decision, ion, must alsobe tested. Allsurviving employees operating the mass transit vehicle at the timeof the accident and all other covered employees whose performancecould have contributed to the accident must also be tested after anaccident involving a fatality.Alcohol testing must be done as soon as possible following an accident,but not more than eight hours after the accident. Drug testing must bedone as soon as possible after the accident, butnot more than 32 hoursafter the accident. If a post-accident alcoholtest is not administeredwithin two hours following the accident, theemployer shall prepare andmaintain on file a record stating tingthereasons for the delay. All DOTcovered employees must remain readily available for testing after anaccident including notifyingtheemployer representative of theemployee’s whereabouts.Failure to do so will be considered a testrefusal. Testing is stayed while the employee assists in the resolutionof the accident or receives medical attention.ofDL. Specimen validity testingting will be conducted on all urine specimens fortesting underDOT authority. Specimen validity testing is the evaluationof the specimen to determine er if it is consistent with normal human urine.The purpose ofvalidity testing is to determine whether certainadulterants of foreignsubstances were added to the urine, if the urinewas diluted or if the specimen was substituted. Employees do not haveaccess to a test of their split specimen following an invalid result.DRAFTFTN. Refusal to submit to a drug/alcohol test shall be considered a positivetest result and a direct act of insubordination and shall be subject todisciplinary action up to and including dismissal. A test refusalincludes the following circumstances:1. A covered employee who consumes alcohol within eight (8) hoursfollowing involvement in an accident without first having submitted topost-accident drug/alcohol tests.2. A covered employee who leaves the scene of an accident without alegitimate explanation prior to submission to drug/alcohol tests.3. A covered employee who provides an insufficient volume of urinespecimen or breath sample without a valid medical explanation. Themedical evaluation shall take place within 5 days of the initial testattempt.4. A verbal or written declaration, obstructive behavior, or physicalabsence resulting in the inability to conduct the test within thespecified time frame.5. A covered employee whose urine sample has been verified by the MRO assubstitute or adulterated.6. A covered employee fails to appear for any test within a reasonabletime, as determined by the employer, after being directed to do so bythe employer.A-1Page 22