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Driver Qualifications for Rudis Paving

COMMERCIAL VEHICLE ENFORCEMENT

PART 382 - Controlled Substances and Alcohol Use and Testing.

Rudis Paving, LLC is committed to providing a safe, efficient, and productive work environment for all employees. In keeping with this commitment, employees and job applicants will be asked to provide body substance samples (e.g., blood, urine, hair) to determine the use of alcohol/drugs. The company will attempt to protect the confidentiality of all test results. Alcohol/drug tests will be conducted in any of the following situations:

  • Applicability (382.103)

Drivers required to have a CDL are subject to the controlled substance and alcohol testing rules. This requirement extends to those drivers currently covered by the rule, including interstate and intrastate truck and motor coach operations.

Exemptions from other parts of federal safety regulations do not apply to CDL and drug/alcohol testing. For example, each of the following types of operation must still comply with all CDL and drug/alcohol testing rules:

  • Federal, State, local, and tribal governments (except from other rules under 390.3(f)
  • Private Motor Carriers of passengers, including church and civic organizations (except from Hours of Service Record Keeping under 395, 8(a).
  • Apiarian (Beekeeping)industries (except from Driver Qualifications rules under 391.2(b).

Types of Alcohol and Controlled Substance Tests (Sections 382.301 -382.311

Pre-employment (382.301): Rudis Paving will not allow a driver to perform a safety-sensitive function until they have received a negative controlled substance pre-employment test result.

Post-Accident (382.303): As soon as practicable following an accident involving a CMV - Rudis Paving, LLC will test for alcohol and controlled substances on the driver of the company:

  • Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
  • Who receives a citation under State or local law for a moving traffic violation arising from the accident, if the accident involved:
  • Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
  • One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

Type of Accident

Citation Issued to CMV driver

Test must be performed by employer

Human Fatality

Yes ------------------->

Yes

No ------------------->

Yes

bodily injury with immediate medical treatment away from the scene

Yes ------------------->

Yes

No ------------------->

No

Disabling damage to any motor vehicle requiring tow away

Yes ------------------->

Yes

No ------------------->

No

Random (382.305): Rudis Paving will randomly test drivers for alcohol testing, and controlled substances testing. The random alcohol test WILL be performed immediately prior, during or immediately after a driver is about to, or has performed a safety-sensitive function as defined in Section 382.107. The random test conducted are unannounced.

Reasonable Suspiciion (382.307): Rudis Paving shall require a driver to submit to an alcohol and/or controlled substance test when we have reasonable suspicion to believe that the the driver has violated the prohibitions concerning alcohol and/or controlled substances.