Sales, supervision, warehouse
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ALCOHOL AND CONTROLLED SUBSTANCE POLICY
AND INFORMATION PACKET (NON-DOT)
It is the policy of PS Trucking, Inc. (“the Company/Employer”) that all of our employees are free of substance and alcohol abuse. The Company is committed to providing a safe workplace for its employees and all people who come into contact with its workplace(s) and property, and/or use its services, as well as a legal and ethical obligation to ensure a drug and alcohol-free environment to reduce accidents, injuries and fatalities. The Company therefore strictly prohibits the illicit use, purchase, possession, sale or conveyance of illegal drugs, intoxicants, or controlled substances in any amount or in any manner, including having a detectable presence of illegal drugs in the body systems. Designated Employer Representative:
The Designated Employer Representative (DER) for providing information on the Company Non-DOT Alcohol and Controlled Substance Policy is Jim Darnall. All questions which reference the Company Non- DOT Alcohol and Controlled Substance Policy should be directed to him. Phone # 503-***-**** x201. General Responsibility and Applicability:
Substance abuse prevention is everyone’s responsibility. The Company expects all of its employees to recognize and accept this responsibility, and to do their part in assuring that, working together, we can achieve and maintain a drug-free working environment for all PS Trucking, Inc. employees. This policy applies equally to all Company personnel, no matter what position or employment status, including all management employees, contract employees, and part-time employees - without exception. Prohibited Conduct:
The following shall be considered “prohibited conduct” for purposes of this policy:
• No employee shall report for duty or remain on duty while having an alcohol concentration of 0.04 or greater.
• No employee shall be on duty while the employee possesses alcohol unless the alcohol is manifested and transported as part of a shipment.
• No employee required to take a post-accident alcohol test shall use alcohol for eight hours following the accident or until he or she undergoes a post-accident alcohol test, whichever occurs first.
• No employee shall refuse to submit to a required drug or alcohol test.
• No employee shall report for duty or remain on duty when the employee uses any controlled substance, except when use is pursuant to the instructions of a licensed medical practitioner who has advised the employee that the substance will not adversely affect the employee’s ability to safely perform his/her job duties.
Consequences of Policy Violation:
Any employee who engages in prohibited conduct as set forth herein will be provided a list of Substance Abuse Professionals (SAPs). The SAP can assess and offer an appropriate educational and/or treatment program. The cost of any SAP evaluation or prescribed treatment shall be assumed by the employee. The Employer reserves the right to determine the appropriate applicability of this policy which may result in disciplinary action up to and including termination and/or referral for criminal prosecution. Refusal to Test:
PS Trucking, Inc. asserts its legal right and prerogative to test any employee for substance abuse. Employee acceptance of testing when requested by the Employer is a mandatory condition of employment. The refusal of an employee to take a drug or alcohol test will be considered to be equivalent to a confirmed “positive” test and therefore subjects the employee to the same adverse employment actions up to and including termination of employment. A refusal to test is defined as conduct that would obstruct the proper administration of a test, including, but not limited to:
• Failure to provide adequate breath for alcohol testing, without a valid medical explanation, after he or she has received notice of the requirement for breath testing.
• Failure to provide an adequate urine sample for controlled substances testing, without a genuine inability to provide a specimen (as determined by a medical evaluation), after he or she has received notice of the requirement for urine testing.
• Behaving in a confrontational way that disrupts the collection process. Revision Date: 11/17/09
Refusal to submit to the types of drug and alcohol tests employed by the Employer will be grounds for refusal to hire applicants and to terminate employment of existing employees. Types of Testing:
The following alcohol and controlled substance tests will be performed: A. Pre-employment - administered prior to an employee performing work for the first time for the Employer. (Controlled substances testing only for a new employee/applicant.) B. Post-accident - administered as soon as practicable when an employee is involved in an on-the-job accident or engages in unsafe job related activity that poses a danger to himself / herself or fellow employees. The company will investigate each workplace injury that results in off-site medical attention and require an employee to submit to drug and alcohol tests if the company reasonably believes the employee has caused or contributed to an injury which resulted in the need for off-site medical attention.
• No alcohol or drug specimen should ever be taken before the administration of necessary first-aid and/or other appropriate medical care.
• All employees involved in the accident or safety rule violation should be tested. After an accident requiring a post-accident test:
• The employee must not consume any alcohol for eight hours or until tested.
• The employee must remain available for testing following an on-the-job accident. Employees should not delay obtaining proper medical attention, but otherwise must be readily available for testing, or will be deemed to have refused to submit to testing.
Any time a post-accident drug or alcohol test is required, it must be performed as soon as possible following the accident. Every effort must be made to complete the alcohol test within 8 hours. Every effort must be made to complete the controlled substance test within 32 hours. C. Random - administered if an employee's name is selected in a random drawing, conducted periodically throughout the year. Employees notified of a random selection must submit immediately for testing. Random selections will be unannounced and reasonably spread throughout the year. The very nature of random selections may result in employees being selected more than once a calendar year. Alternatively, some employees may not be selected in a calendar year. Because our work often involves deadlines, complicated scheduling, vacation scheduling, and/or remote job sites, management is given the flexibility to choose which day during the selection period to notify the selected employee. PS Trucking, Inc. uses a consortium service for random selections. Once an employee has been notified that he/she has been selected for a random test, every action the covered employee takes after notification must lead to a collection. An employee who fails to engage in conduct that immediately results in a collection after notification may be considered a refusal to test. D. Reasonable suspicion - administered if the Employer has reasonable suspicion to believe the employee is in violation of any of the prohibitions listed above, based on evidence drawn from specific, objective and certifiable facts and reasonable inferences drawn from these facts in light of experience. At least one Alcohol and Controlled Substance-trained supervisor must witness such conduct. A written record shall be made of the observations leading to the reasonable suspicion test and signed by the supervisor or Company official who made the observations, within 24 hours of the observed behavior or before the results of the tests are released, whichever is earlier. Testing Procedures:
All testing will be performed with procedures that are designed to protect the employee, maintain integrity in the testing process and safeguard the accuracy and validity of the test results. A strict chain of custody will be used to ensure the integrity of each urine specimen. All confirmed positive results receive an independent, professional medical review (Medical Review Officer) that includes offering the employee the opportunity to provide information to explain the test result or to have the original sample re-tested (at the employee’s expense).
Revision Date: 11/17/09
Drug Urinalysis
Drug testing will be performed through urinalysis. Urinalysis will test for the presence of drugs and/or metabolites of the following controlled substances: (1) marijuana; (2) cocaine; (3) opiates; (4) amphetamines; and (5) phencyclidine (PCP).
The urinalysis procedure starts with the collection of a urine specimen. Urine specimens will be submitted to a SAMHSA-certified laboratory for testing. As part of the collection process, the specimen provided will be split into two vials: a primary vial and a secondary vial. The SAMHSA-certified laboratory will perform initial screenings on all primary vials. In the event that the primary specimen tests positive, a confirmation test of that specimen will be performed before being reported by the laboratory to the Medical Review Officer (MRO) as a positive.
The laboratory will report all laboratory results to an MRO designated by the Employer. Negative test results will be reported by the MRO to the Employer. Before reporting a positive test result to the Employer, the MRO will attempt to contact the employee to discuss the test result. If the MRO is unable to contact the employee directly, the MRO will contact the DER, chosen in advance by the Employer, who shall, in turn, contact the employee and direct the employee to contact the MRO. Upon being so directed, the employee shall contact the MRO immediately or, if after the MRO’s business hours and the MRO is unavailable, at the start of the MRO’s next business day. In the MRO’s sole discretion, a determination will be made as to whether a result is positive or negative. Individual test results for employee/applicants and employees will be released to the Employer and will be kept strictly confidential unless consent for the release of the test results has been obtained. Any individual who has submitted to drug testing in compliance with this policy is entitled to receive the results of such testing upon timely written request.
An individual testing positive may make a request of the MRO to have the secondary vial tested. This request can be made verbally or in writing to the MRO within 72 hours of being notified of a positive test result. The individual making the request for a test of the second specimen will be responsible for all costs associated with the test.
Adulterated and Dilute Specimens
A specimen determined by the laboratory to be “Adulterated” will also be treated the same as a positive test. If the MRO informs the Employer that a positive drug test was dilute, the Employer will treat the test as a verified positive test. The Employer will not direct the employee to take another test. If the MRO informs the Employer that a negative drug test was dilute, the Employer will direct the employee to take another test immediately. Such re-collections will not be collected under direct observation, unless there is another reason to do so. When the Employer directs the employee to take another test, the employee will be given the minimum possible advance notice that he or she must go to the collection site. The result of the second test - not the original test - is the test of record. If the second specimen is also “Dilute Negative”, the company may treat it the same as a positive test. If the Employer directs the employee to take a second test and the employee refuses, the test will be treated as a positive test result. Alcohol Tests
Alcohol testing will be conducted using breath-testing instruments and procedures approved by the U.S. Department of Transportation. This may be a breath testing device or a saliva-testing device, and may be provided through a vendor or agent. A technician who is certified will operate the device and trained on the specific device he or she will be operating. The employee shall report to the alcohol-testing site as notified by the Employer. All alcohol tests shall be performed just prior to, during, or just after duty. The employee shall follow all instructions given by the alcohol technician. Any initial test indicating a blood alcohol concentration (BAC) of 0.04 or greater will be confirmed on an evidential breath-testing device operated by a breath alcohol technician. The confirmation test will be performed no sooner than 15 minutes and no later than 30 minutes following the completion of the initial test. Employees with tests indicating a BAC of 0.04 or greater are considered to have engaged in prohibited conduct.
Revision Date: 11/17/09
Effects, Signs and Symptoms of Alcohol & Controlled Substances on an Individual: General Signs of Abuse of alcohol and controlled substances include: Tardiness or absenteeism, borrowing money from co-workers, problems with relationships, increased irritability, decreased attention span, difficulty remembering instructions, taking criticism personally, denial of any problem or paraphernalia present.
Types of paraphernalia include roach clips, cigarette papers, pipes, bongs, razor blades, small mirrors, small spoons and straws, white powder, syringes, needles, eye droppers, rubber tubing. A. Alcohol: Absorption: Alcohol is primarily absorbed through the stomach and the small intestines. It is considered a food because it has calories, but does not need to be digested and proceeds directly into the body through the digestive system.
Short-term effects: Reduces sensitivity to pain. Affects vision in the following ways: narrows the visual field, reduces resistance to glare, interferes with the ability to differentiate intensities of light, and lessens sensitivity to colors.
Long-term effects: Damage to vital organs; including liver, heart and pancreas. Linked to several medical conditions; including gastro intestinal problems, malnutrition, high blood pressure, and lower resistance to disease. Also linked to several types of cancer; including esophagus, stomach, liver, pancreas and colon. Special Hazards Involving Driving: Alcohol impairs one's ability to drive or operate machinery safely. B. Marijuana: Absorption: Marijuana may be inhaled or ingested. Short-term effects: Increases in heart rate, body temperature, and appetite, drowsiness, dryness of the mouth and throat, reddening of the eyes and reduction in ocular pressure. Long-term effects: Can cause the following medical conditions: respiratory problems, lung damage, and cancer, memory and concentration impairments, possible motivational syndrome. Special Hazards Involving Driving: Marijuana has been linked to the impairment of the ability to drive a vehicle. Concentration is affected and there is difficulty in perceiving time and distance, which can lead to the following: bad judgment, impaired reaction time, poor speed control, an inability to accurately read signs, drowsiness, and distraction.
C. Cocaine: Absorption: Cocaine enters the body in one of three ways: injection, smoking, or snorting. Short-term effects: May cause extreme anxiety and restlessness. May experience the following medical conditions: twitches, tremors, spasms, coordination problems, chest pain, nausea, seizures, respiratory arrest, and cardiac arrest.
Long-term effects: May cause extreme alertness, watchfulness, impaired judgment, impulsiveness, and compulsively repeated acts. May cause stuffiness, runny nose, tissue deterioration inside the nose, and perforation of the nasal septum.
Special Hazards Involving Driving: Cocaine may successfully mask fatigue, however, high dosages impair judgment and interfere with the ability of the employee to concentrate. Coordination and vision are impaired. There is an increase in impulsive behaviors with tendencies to take more risks and create confusion within the user.
D. Opiates (Morphine, Heroin, Codeine, Opium): Absorption: Opiates are normally absorbed though injection.
Short-term effects: Include drowsiness, dizziness, mental confusion, constriction of pupils, and Euphoria. Some opiate drugs, such as Codeine, Demerol, and Darvon, also have stimulating effects. Stimulating effects include: central nervous system excitation, increased blood, elevated blood pressure, increased heart rate, tremors, and seizures.
Long-term effects: May include impaired vision, pulmonary complications, and menstrual irregularity. A person may experience nightmares, hallucinations, and mood swings. Special Hazards Involving Driving: Opiates can cause drowsiness, mental confusion, and visual impairment even at lower, moderate doses. An employee may have difficulty keeping the vehicle in the correct lane and may make errors in judgment.
E. Amphetamines: Absorption: Amphetamines are absorbed by the body in one of three ways: snorting, swallowing, or injection.
Short-term effects: A person may experience a loss of appetite, increased alertness, and a feeling of well being. A person’s physical condition may be altered by an increase in breathing and heart rate, elevation in blood pressure, and dilation of pupils.
Long-term effects: Anxiety and agitation, sleeplessness, higher blood pressure and irregular heartbeat, increased susceptibility to disease.
Revision Date: 11/17/09
Special Hazards Involving Driving: The use of amphetamines can interfere with concentration, impair vision, and increase the employee’s tendencies to take risks. F. Phencyclidine (PCP, angel dust, elephant, hog): Absorption: Can be sniffed, smoked, swallowed or injected.
Short-term effects: Last 3 to 18 hours. It can produce a state of pleasurable intoxication, sense of separation from surroundings, perceptual distortions, difficulty in concentrating and communicating. Users may become highly confused, paranoid, terrified, aggressive, and passive. Bad trips are more common with PCP than with other drugs. Overdose can cause convulsions, coma, and death. Accidental death can result from drug-induced confusion.
Long-term effects: Flashback may occur. Persistent speech problems, depression, anxiety, or more severe psychological consequences.
Special Hazards Involving Driving: The use of Phencyclidine can interfere with concentration, impair vision, and increase the employee’s tendencies to take risks. An employee may have difficulty keeping the vehicle in the correct lane and may make errors in judgment. Assistance:
In some cases alcohol and drug abuse can be a result of a chemical dependency that can be successfully treated with professional help. Employees who are having problems with alcohol or drug use are encouraged to seek voluntary counseling and treatment. Assistance can be obtained through numerous sources, including but not limited to Substance Abuse Programs, Drug and Alcohol treatment centers etc. For further information contact the DER of the Company. Anyone found in violation of this policy will be supplied with further assistance information.
Substance Abuse Professional (SAP) A Substance Abuse Professional shall mean a licensed physician, or a 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) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. The SAP is responsible for evaluating employees with positive test results.
The following Substance Abuse Professionals can provide help and referrals: James H. Thrower, Ph.D.
Willamette Psychological Services
1020 SW Taylor Suite 570
Portland, OR 97205
Dr. David Kolberg, LCSW
1701 Broadway #263
Vancouver, WA98663
Prescription or Authorized Medications:
No employee may possess any prescription medication or report to work while using any prescription, except when he/she is under a doctor’s care and the doctor has advised the employee that the substance does not affect his/her ability to safely perform his/her assigned duties. Prescription or nonprescription medications are not prohibited when taken in accordance with a lawful prescription or consistent with standard dosage recommendations. Prescription medication means a drug or medication lawfully prescribed, under both federal and state law, by a physician, or other health care provider licensed to prescribe medication, for an individual and taken in accordance with the prescription. Employees in safety-sensitive jobs are responsible for notifying their supervisors when prescribed medications may interfere with their ability to do their jobs safely. Revision Date: 11/17/09
Supervisor Training:
All supervisors designated to determine whether or not reasonable suspicion exists to require an employee to undergo testing will have received at least 60 minutes of training on recognizing alcohol misuse, and at least 60 minutes of training on recognizing controlled substances use. The training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.
Confidentiality:
All information received by the employer through a drug / alcohol testing program is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws. Records required under this policy, including test results, will be maintained in a secure location with controlled access. Each employee shall upon written request, be entitled to receive copies of his/her own records, and to have copies of his/her records made available to any subsequent Employer. Information may also be disclosed to the relevant state or federal agencies, or in connection with judicial, administrative or related proceedings (e.g., grievances and arbitration) initiated by or on behalf of the employee.
This policy is not intended nor should it be construed as a contract of employment between the Employer and the employee.
The Employer reserves the right to interpret, change, or rescind this policy, or any part of it, with or without notice, subject to state and federal laws. Revision Date: 11/17/09
RECEIPT
I have read & understand the Non-DOT Alcohol and Controlled Substance policy and the information contained herein. I agree to abide by the
Non-DOT Alcohol and Controlled Substance policy.
I have also received a copy of the
Non-DOT Alcohol and Controlled Substance policy.
Signature Date
Printed Name
By the signature above, the employee acknowledges he/she has been provided with educational materials that explain the requirements of the Non-DOT Alcohol and Controlled Substance policy, consequences of violating the policy, and the Employer’s procedures with respect to meeting policy requirements. The materials supplied to employees may include information on additional Employer policies with respect to the use or possession of alcohol or controlled substances.
John Hoffman
11-28-2022
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