ANYTIME ANYWHERE PIANO & MOVING CO. LLC NEVADA TRANSPORTATION AUTHORITY ALCOHOL AND CONTROLLED SUBSTANCES TESTING POLICY

 

I. INTRODUCTION - PURPOSE Anytime Anywhere Piano & Moving Co. LLC maintains a strong commitment to provide a safe, efficient, and productive work environment. Driver involvement with alcohol and/or controlled substances can be extremely disruptive and harmful to the workplace. It can adversely affect the quality of work and the performance of drivers, pose serious safety and health risks to the user, co-workers and the public, and have a negative impact on work efficiency and productivity. Anytime Anywhere Piano & Moving Co. LLC is concerned that drivers are in a condition to perform their duties safely and efficiently, in the interests of our fellow workers, the public as well as themselves. It is the purpose of this policy to eliminate substance abuse and its effects in the workplace. The Nevada Transportation Authority also requires Anytime Anywhere Piano & Moving Co. LLC to implement an alcohol and drug testing program that complies with Federal regulations pertaining to the attainment and maintenance of an Alcohol and Controlled Substances-Free Workplace. These requirements are outlined by the U.S. Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMCSA), under Title 49 CFR Part 382 and Part 40. The purpose of this program is to reduce accidents that result from the use of alcohol and/or controlled substances, thereby reducing fatalities, injuries and property damage.

 

II. DRIVERS SUBJECT TO ALCOHOL AND CONTROLLED SUBSTANCES TESTING The alcohol and controlled substances testing program applies to all Anytime Anywhere Piano & Moving Co. LLC drivers who are licensed to operate a commercial vehicle as defined in the Nevada Administrative Code (NAC) 706.247. This includes, but is not limited to: full-time drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors. 15

 

III. SAFETY-SENSITIVE FUNCTIONS A driver shall not use alcohol when performing safety-sensitive functions or perform safety- sensitive functions within four hours of using alcohol. A driver shall not report for duty or remain on-duty when his or her job requires performing safety-sensitive functions if he or she has been using controlled substances or has tested positive for controlled substances use. A driver is performing a safety-sensitive function when:  All times at an employer 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 performing pre-trip inspections, general inspections, 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.  All time loading or unloading the vehicle, supervising, or assisting the loading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the motor vehicle, or in giving or receiving receipts for shipments loaded and unloaded;  All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

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IV. 15 PROHIBITED CONDUCT The following shall be considered "prohibited conduct" for purposes of this program:  No driver shall report for duty or remain on duty requiring the performance of safety- sensitive functions while having an alcohol concentration of .04 or greater. No employer having actual knowledge that a driver has an alcohol concentration of .04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.  No driver shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.  No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.  No driver required to take a post-accident alcohol test shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.  No driver shall refuse to submit to a post-accident alcohol or controlled substances test, a random alcohol or controlled substances test, a reasonable suspicion alcohol or controlled substances test, or a follow-up alcohol or controlled substances test. No employer shall permit a driver who refuses to submit to such tests to perform or to continue to perform safety-sensitive functions.  No driver shall report for duty or remain on duty requiring the performance of safety- sensitive functions when the driver uses any controlled substance, except when use is pursuant to the instructions of a licensed medical practitioner (382.107) who has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle. No employer having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform a safety-sensitive function.  No driver shall report for duty, remain on duty or perform a safety-sensitive function if the driver tests positive or has adulterated or substituted a test specimen for controlled substances. No employer having actual knowledge that a driver has tested positive or has adulterated or substituted a test specimen for controlled substances shall permit the driver to perform or continue to perform safety-sensitive functions.

 

V. 15 DRIVER VOLUNTARY SELF-IDENTIFICATION PROGRAM Anytime Anywhere Piano & Moving Co. LLC is supportive of drivers who come forward voluntarily to seek assistance for alcohol misuse or controlled substance use. Drivers who admit to alcohol misuse or controlled substance use will not be subject to the referral, evaluation and treatment requirements as outlined in 49 CFR Part 382 and Part 40 provided that: the driver does not self-identify in order to avoid testing under the requirements; the driver makes the admission of alcohol misuse or controlled substance use before performing safety-sensitive functions; and the driver does not perform a safety-sensitive function until Anytime Anywhere Piano & Moving Co. LLC is satisfied that the employee has been evaluated and has successfully completed education or treatment requirements as determined by a controlled substance and alcohol evaluation expert. The employee must also provide a negative controlled substance test and/or a alcohol test result of less than .02 before participating in a safety- sensitive function. No adverse action will be taken against a driver making a voluntary admission of alcohol misuse or controlled substance use as long as he/she complies fully with the requirements of the self-identification program.

 

VI. ALCOHOL AND CONTROLLED SUBSTANCES TESTING Drivers will be subject to the following types of controlled substances testing: 1) pre- employment testing, 2) reasonable suspicion testing, 3) post-accident testing, 4) random testing 5) return to duty testing and 6) follow-up testing. 1. Pre-Employment Prior to the first time a driver performs safety-sensitive functions, the driver shall undergo testing for controlled substances as a condition of employment. The driver will not be allowed to perform safety-sensitive functions until Anytime Anywhere Piano & Moving Co. LLC has received a verified negative controlled substance test. Anytime Anywhere Piano & Moving Co. LLC may choose not to require a driver applicant to submit to a pre-employment test if Anytime Anywhere Piano & Moving Co. LLC can verify that the driver has participated in a valid controlled substances testing program within the preceding 30 days and while participating in that program was either tested within the past 6 months (from the date of application) with their previous employer or participated in a random controlled substances selection program for the previous 12 months (from the date of application) with their previous employer. Anytime Anywhere Piano & Moving Co. LLC will verify that no prior employer of the driver has records indicating a violation of any rule pertaining to controlled substances use. 15 2. Reasonable Suspicion Testing A driver shall be required to submit to an alcohol and/or controlled substances test when Anytime Anywhere Piano & Moving Co. LLC has reasonable suspicion to believe that the driver has violated the prohibitions of the alcohol and controlled substances program. Anytime Anywhere Piano & Moving Co. LLC's determination that reasonable suspicion exists to require the driver to undergo testing will be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The observations may include the indications of the chronic and withdrawal effects of alcohol/controlled substances. The required observations for alcohol and/or controlled substances testing shall be made by a supervisor who is trained in accordance with 382.603. A driver may be directed by Anytime Anywhere Piano & Moving Co. LLC to only undergo reasonable suspicion alcohol testing while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions. A driver may be directed by Anytime Anywhere Piano & Moving Co. LLC to undergo reasonable suspicion controlled substances testing at any time during work hours. If a reasonable suspicion alcohol test is not administered within two hours Anytime Anywhere Piano & Moving Co. LLC shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If a reasonable suspicion alcohol test is not administered with eight hours Anytime Anywhere Piano & Moving Co. LLC shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. The supervisor who makes the determination that reasonable suspicion exists will not conduct the driver's breath alcohol test. A written record shall be made of the observations leading to a reasonable suspicion controlled substances and/or alcohol test, and signed by the supervisor who made the observations, within 24 hours of the observed behavior or before the results of the test are released, whichever is earlier. A driver who has been requested to submit to reasonable suspicion testing will be placed on administrative leave pending receipt of the test results. 3. Post-Accident Testing As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, a driver shall submit to controlled substances and alcohol testing under the following circumstances: any time a fatality occurs as a result of the accident; anytime a driver receives a citation under State or local law for a moving violation as a result of the accident and the accident involves an injury to anyone which requires immediate medical treatment away from the scene; or anytime a driver receives a citation for a moving violation as a result of the accident and the accident involves disabling damage to any of the vehicles. Disabling damage means one or more vehicles had to be towed away or cannot be driven from the scene. 15 Anytime Anywhere Piano & Moving Co. LLC will require each driver to complete a post-accident report form that provides instructions to follow in completing any required alcohol and controlled substances testing. Drivers are then obligated to follow the instructions and see that the tests are conducted. Any driver subject to post-accident testing who leaves the scene of an accident before a test is administered other than for the period necessary to obtain assistance in responding to the accident or to obtain necessary medical care or who fails to remain readily available for testing may be deemed by Anytime Anywhere Piano & Moving Co. LLC to have refused to submit to testing. If an alcohol test is not administered within two hours following the accident, Anytime Anywhere Piano & Moving Co. LLC shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If an alcohol test is not administered within eight hours following the accident, Anytime Anywhere Piano & Moving Co. LLC shall cease attempts to administer an alcohol test and shall prepare and maintain the same record If the alcohol test is not completed in the required time frames, the driver cannot perform a safety-sensitive function until twenty four hours have elapsed following determination that reasonable suspicion existed and that the driver may have violated the prohibition or an alcohol test is administered with a result of less than .02. If a controlled substances test is not administered within 32 hours following the accident, Anytime Anywhere Piano & Moving Co. LLC shall cease attempts to administer a controlled substances test, and prepare and maintain on file a record stating the reasons the test was not promptly administered. 15 4. Random Testing All drivers will be subject to random alcohol and controlled substances testing. The selection of drivers for random alcohol and controlled substances testing shall be made from a computer-based random number generator that is matched with the driver's computer-based code number. The random selection system provides an equal chance for each driver to be selected each time random selection occurs. Random selections will be unannounced and spread reasonably throughout the year. Random selection, by its very nature, may result in drivers being selected in successive selections or more than once in a calendar year. Alternatively, some drivers may not be selected in a calendar year. Anytime Anywhere Piano & Moving Co. LLC will controlled substances test, at a minimum, 50 percent of the average number of driver positions in each calendar year. Random controlled substances testing may be performed at any time while the driver is at work for the employer. Anytime Anywhere Piano & Moving Co. LLC will select, at a minimum, 10 percent of the average number of driver positions for random alcohol testing. Random alcohol testing will be limited to the time period surrounding the performance of safety-related functions. A driver will only be tested immediately before, during, or just after the driver has ceased performing such functions. If a driver is selected at random, the DER will notify the driver. Once notified, the driver must take action intended to lead to an immediate collection. If the driver engages in conduct which does not lead to a collection as soon as possible after notification, such conduct may be considered a refusal to test. 5. Return-to-Duty Testing Each driver who has engaged in prohibited conduct shall be advised by Anytime Anywhere Piano & Moving Co. LLC of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and controlled substances, including the names, addresses, and telephone numbers of substance abuse professionals and treatment programs. Anytime Anywhere Piano & Moving Co. LLC's responsibility is limited only to making a driver referral for assistance. If Anytime Anywhere Piano & Moving Co. LLC chooses to give the driver an opportunity to return to duty following a positive drug or alcohol test, the driver must agree to be evaluated by a substance abuse professional who shall determine what assistance the driver needs in resolving problems associated with alcohol misuse and controlled substances use. Before a driver returns to duty requiring the performance of a safety-sensitive function after engaging in prohibited conduct, the driver shall undergo a return-to-duty alcohol test with an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substances test with a verified negative result if the conduct involved a controlled substance and be subject to follow-up testing. 15 6. Follow-Up Testing Each driver identified as needing assistance in resolving problems associated with alcohol misuse or controlled substances use shall be evaluated by a Substance Abuse Professional (SAP) to determine that the driver has properly followed any rehabilitation program, and shall be subject to unannounced follow-up alcohol and controlled substances tests administered by Anytime Anywhere Piano & Moving Co. LLC following the driver's return to duty. The number and frequency of such follow-up testing shall be as directed by the substance abuse professional, and consist of at least six tests in the first 12 months following the driver's return to duty. Follow-up testing shall not exceed 60 months from the date of the driver's return to duty. The substance abuse professional may terminate the requirement for follow- up testing at any time after the first six tests have been administered, if the substance abuse professional determines that such testing is no longer necessary.

 

VII. TESTING GUIDELINES Alcohol Testing Alcohol testing is done by testing breath, because breath is the most easily obtained bodily substance and the results are known within minutes of testing. The testing device is called an Evidential Breath Testing Device (EBT). The EBT is a scientific instrument which determines the concentration of alcohol expressed as "percent by weight". The weight of alcohol in the breath sample is determined and the quantity of the alcohol converted to its equivalent value in blood. A blood alcohol concentration (BAC) of .04 means one twentyfifth of a gram of alcohol per 210 liters of breath. The EBT will print three copies of each test result and the test results are numbered. When the initial test results shows a reading of .02 BAC or greater, a confirmation test is conducted. Before the confirmation test, a 15 minute waiting period will occur for the purpose of ensuring that the presence of mouth alcohol from recent use of food, tobacco, or hygiene products does not artificially raise the test result. The confirmation test is done on the same EBT as the first test. When the confirmation result is different from the initial test, the confirmation test result will always be used to determine driver consequences. The driver will be given a copy of the breath alcohol testing form. 15 Controlled Substances Testing The controlled substances testing program required by the regulations is limited to five controlled substances types: (1) Marijuana, (2) Cocaine, (3) Opiates, (4) Amphetamines and (5) Phencyclidine (PCP). As set forth in 49 CFR Part 40, all controlled substances testing is done from urine specimens collected under highly controlled conditions. The driver provides a urine specimen in a location that affords privacy and the "collector" seals and labels the specimen, completes a chain of custody document and prepares the specimen and accompanying paper work for shipment to a controlled substances testing laboratory. The specimen collection procedures and chain of custody ensure that the specimen's security, proper identification and integrity are not compromised. Driver protection is also built in to the testing procedures. In order to meet the Federal requirements, the only laboratories that can be used for testing are those certified by the Federal Department of Health and Human Services. The initial test of any specimen will be an immunoassay which meets the requirement of the Food and Drug Administration for commercial distribution. All specimens identified as positive will be further confirmed using gas chromatography/mass spectrometry techniques. Before a laboratory is certified to conduct controlled substances testing, it is subject to a rigorous testing and inspection by the Department of Health and Human Services (DHHS). This testing and inspection includes the submission of test samples to the laboratory for analysis during three test cycles over a period of three months. If these test samples are correctly analyzed a team of qualified inspectors conduct an on-site inspection prior to certification of the lab. Continuing evaluation of the performance of certified laboratories by the Department of Health and Human Services includes the submission of performance test specimens every other month and an on-site inspection at least twice a year. The laboratory must report test results to Anytime Anywhere Piano & Moving Co. LLC's designated Medical Review Officer within an average of five working days after the receipt of the specimen by the laboratory. Test results must be certified accurate. The report must identify the controlled substances, metabolites tested for, whether the results are positive, adulterated, substituted or negative, the specimen identification number assigned to the driver, and the controlled substances testing laboratory specimen identification number. The laboratory will retain samples that yield confirmed positive test results for one year in secured frozen storage. Because it is possible that some analytes may deteriorate during storage, the results of the re-test are to be reported as confirmation of the original test results if the detected level of the controlled substance is below the D.O.T. established limits and equal to or greater than the sensitivity of the test.

 

VIII. 15 COLLECTION SITES The DER will maintain a list of sites for sample collection. The driver will not be allowed to transport himself or herself to or from the collection site in the event of a reasonable suspicion test or post-accident test request. The DER will arrange transportation for the driver at all times. The driver shall report immediately to the collection site once properly notified. IX. THE ROLE OF THE MEDICAL REVIEW OFFICER The Medical Review Officer (MRO) is a licensed, nationally certified physician who is knowledgeable in the medical use of prescription controlled substances and the pharmacology and toxicology of illicit controlled substances. The primary responsibility of the MRO is to review and interpret positive, adulterated, substituted or invalid test results obtained through Anytime Anywhere Piano & Moving Co. LLC's controlled substances testing program. Alcohol testing is not subject to medical review given the evidentiary nature of its results. In terms of controlled substances testing, it is important to understand that a positive, adulterated, substituted or invalid test result does not automatically identify an individual as an illegal controlled substances user. The MRO must evaluate the alternative medical explanations that could account for a positive, adulterated, substituted or invalid test result. The review of a positive, adulterated, substituted or invalid test result is initiated immediately upon receipt and is ordinarily completed within two working days after receipt of all information pertinent to the review. No information about the test result shall be given to Anytime Anywhere Piano & Moving Co. LLC during this period. In addition to information provided by the driver, this review will include considerations of chain of custody documents prepared at the time of collection and, in connection with the laboratory, processing of the specimen. This review must also include review of the chain of custody process. If the MRO is unable to contact the driver directly, the MRO will contact Anytime Anywhere Piano & Moving Co. LLC's DER, who shall in turn contact the driver and direct the driver to contact the MRO immediately, but no later than seventy-two hours as required by the regulations. The DER will inform the driver of the consequences of failing to do so. .During the review of the laboratory results, the MRO will conduct a medical interview with the driver, review the driver's medical history, or review other biomedical factors. This interview may be conducted by telephone. The MRO must review all medical records that the tested driver submits when a confirmed positive, adulterated, substituted or invalid test result could have resulted from legally prescribed medication. 15 If any questions arise about the accuracy or validity of a positive, adulterated, substituted or invalid test result, the MRO should review the laboratory records to determine whether the required procedures were followed. This will require collaboration with the laboratory director, the analysts, and expert consultants. If necessary, the MRO may request the sample be reanalyzed to determine the accuracy of the test result. At this point, the MRO makes a determination as to whether the result is scientifically sufficient to take further action. However, if the records from the collection site or laboratory raise doubts about the handling of the sample, the MRO may decide the urinary evidence is insufficient and no further actions would be taken. In these cases, the MRO shall note the possible errors in laboratory analysis or chain of custody procedures and shall notify the proper officials. If it is determined with reasonable certainty that there is a legitimate medical or other reason to account for a positive, adulterated, substituted or invalid laboratory test result, the report will be reclassified as a negative test result. The notice to Anytime Anywhere Piano & Moving Co. LLC will indicate that the test result was negative. Any medical information obtained by the MRO will be treated as confidential. If there is no medical or other reason to account for a positive, adulterated, substituted or invalid test result, the verified positive, adulterated, substituted or invalid test result will be disclosed to Anytime Anywhere Piano & Moving Co. LLC as required by the program. Any medical information acquired that is not specifically related to illegal controlled substances use will be treated as confidential and not disclosed. No later than 72 hours after receipt of a confirmed positive, adulterated or substituted test result, a driver may submit a written request to the MRO for retesting of the specimen producing the positive, adulterated or substituted test result. The driver is fully responsible for the cost of the re-test. If the re-test is negative, the driver will be reimbursed. 15 In summary, the MRO determines whether there is some reason other than illegal controlled substances use to explain a positive, adulterated, substituted or invalid urine controlled substances test. If illegal controlled substances use is verified, the MRO will inform the DER of the identification of the controlled substances found in a positive test. The driver shall then be notified of the results of the random, reasonable suspicion and post-accident controlled substances test if the test results are verified as positive, adulterated or substituted. The driver will also be informed as to which controlled substances(s) were verified as positive. The company shall notify a driver applicant of the results of a pre-employment controlled substances test if the driver requests such information within 60 days of being notified of the disposition of his/her employment application.

 

X. DRIVER CONSENT Per company policy, a driver's consent to a medical examination and alcohol and controlled substances testing is required as a condition of employment and a driver's refusal to consent may result in disciplinary action, up to and including termination. A driver who refuses to test shall not be permitted to perform in a safety-sensitive position. Refusal shall be treated as a positive test for purposes of the regulations and will result in disciplinary action up to and including termination, per company policy. Consent to a medical examination and testing includes a driver's obligation to fully cooperate. Upon request, a driver must promptly complete any required forms and releases and promptly provide a sample for alcohol and controlled substances testing.

 

XI. REFUSAL TO SUBMIT TO A TEST Refusal to submit to an alcohol or controlled substances test means that a driver:  Fails to appear for any test within a reasonable time after being directed to do so by the employer or to remain at the testing site until the testing process is complete. This includes the failure of an employee/owner-operator to appear for a test when called by their testing consortium. An employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test;  Fails to provide a urine/saliva/breath specimen for alcohol and/or controlled substances testing after he or she has received notice of the requirement for testing. An employee who does not provide an adequate amount of urine/saliva/breath because he or she has left the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test;  In the case of a directly observed or monitored collection of a controlled substances test, the driver fails to permit the observation or monitoring of the provision of a specimen;  Fails to provide a sufficient amount of urine when directed and a physician has determined, through a required medical evaluation, that there was no adequate medical explanation for the failure; 15  Fails to provide a sufficient breath specimen and a physician has determined, through a required medical evaluation, that there was no adequate medical explanation for the failure;  Fails or declines to take a second test, following a negative dilute result, when required by the employer;  Fails to undergo an additional medical examination or evaluation, as directed by the Medical Review Officer (MRO) as part of the verification process, or as directed by the DER concerning the evaluation as part of the “shy bladder” or “insufficient breath” procedures. In the case of a pre-employment controlled substance test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment;  Is reported by the MRO as having a verified adulterated or substituted test result.  Fails to cooperate with any part of the testing process (e.g. refuse to empty pockets when directed by the collector, behave in a confrontational way that disrupts the collection process or fails to wash hands after being directed to do so by the collector). In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment;  For an observed collection, fails to follow the observer’s instruction to raise clothing above the waist, lower clothing and underpants and to turn around to permit the observer to determine if the individual has any type of prosthetic or other device that could be used to interfere with the collection process.  Possess or wear a prosthetic or other device that could be used to interfere with the collection process.  Admits to the collector or MRO that he or she has adulterated or substituted the sample.

 

XII. CONSEQUENCES OF A POSITIVE TEST No driver who is found to have a BAC of .02 or greater but less than .04 shall perform safety sensitive functions until the start of the driver's next scheduled duty period, but not less than 24 hours following the test. A driver testing positive for a prohibited controlled substances or found to have an alcohol concentration of .04 or greater will be subject to disciplinary action up to and including termination (see the attached company disciplinary action policy). At the sole discretion of the company, a driver may be offered an opportunity to return to duty once they become medically requalified and follow all requirements as outlined in Part 382.605. 15

 

XIII. DESIGNATED EMPLOYER REPRESENTATIVE (DER) The Designated Employer Representative (DER) is an employee authorized by Anytime Anywhere Piano & Moving Co. LLC to take immediate action(s) to remove employees from safety-sensitive duties and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for Anytime Anywhere Piano & Moving Co. LLC consistent with the requirements outlined in the regulations. The DER is also responsible for answering any questions a driver may have regarding the alcohol and controlled substances testing program. The DER for Anytime Anywhere Piano & Moving Co. LLC is as follows: Brandon Manion 63 Chablis Drive Reno, NV 89512 XIV. CONFIDENTIALITY OF RECORDS The release of individual alcohol and/or controlled substances test records is permitted only with the specific written consent of the driver with the following exceptions:  Anytime Anywhere Piano & Moving Co. LLC shall make available copies of all alcohol and/or controlled substances program name-specific records and reports, files, materials, data, documentation, agreements, contracts, policies and statements that are required under 49 CFR Part 382 and Part 40.  When requested by Federal, state or local safety agency with regulatory authority, Anytime Anywhere Piano & Moving Co. LLC must provide controlled substances and alcohol test records concerning the driver.  When requested by the National Transportation Safety Board as part of an accident investigation, Anytime Anywhere Piano & Moving Co. LLC shall disclose information related to the administration of a post-accident alcohol and/or controlled substances test administered following the accident under investigation.  Records shall be made available to a subsequent employer upon receipt of a written request from a driver. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the driver's request. 15  Anytime Anywhere Piano & Moving Co. LLC may disclose information required to be maintained under this part pertaining to a driver, to the decision maker in a lawsuit, grievance, or other administrative proceedings brought by or on behalf of the driver, and resulting from a positive alcohol and/or controlled substances test or a refusal to test (including, but not limited to, adulterated or substituted test results). These proceedings also include a criminal or civil action resulting from an employee’s performance of safety-sensitive duties, in which a court of competent jurisdiction determines that the controlled substance or alcohol test information sought is relevant to the case and issues an order directing Anytime Anywhere Piano & Moving Co. LLC to produce the information. Anytime Anywhere Piano & Moving Co. LLC may release the information only with a binding stipulation that the decision maker to whom it is released will make it available only to parties in the proceeding. Upon written request, a driver shall receive copies of any records pertaining to his/her alcohol or controlled substances test results.

 

XV. DRIVER ASSISTANCE TRAINING PROGRAM Anytime Anywhere Piano & Moving Co. LLC shall require supervisors designated to determine whether reasonable suspicion exists to require a driver to undergo testing, to receive at least sixty minutes of training on alcohol misuse and receive at least an additional sixty minutes of training on controlled substances use. The training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol and controlled substances misuse. Anytime Anywhere Piano & Moving Co. LLC will ensure all drivers receive 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 coworker'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. The Designated Employer Representative will maintain a list of community treatment resources for drivers in need of assistance. XVI. SEVERABILITY If any part or provision of this policy, or the application thereof to any person or circumstance, should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any part of this provision is restrained by such tribunal pending a final determination as to its validity, the remainder of this policy, or the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force

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Appendix J

ANYTIME ANYWHERE PIANO & MOVING CO. LLC RECORD KEEPING REQUIREMENTS General requirements - Anytime Anywhere Piano & Moving Co. LLC shall maintain records of its alcohol misuse and controlled substances use prevention program as provided in the regulation. The records shall be maintained in a secure location with controlled access. Period of Retention- Anytime Anywhere Piano & Moving Co. LLC shall maintain the records in accordance with the following schedule: 1) Five years. The following records shall be maintained for a minimum of five years: a. Records of driver alcohol test results with results indicating an alcohol concentration 0.02 or greater. b. Records of driver verified positive controlled substances test results. c. Documentation of refusals to take required alcohol and/or controlled substances tests. d. Calibration documentation. e. Driver evaluation and referrals. f. Records related to the administration of the alcohol and controlled substances testing program. g. A copy of each annual calendar year summary required by § 382.403. Two years - Records related to the alcohol and controlled substances collection process (except calibration of evidential breath testing devices). One year - Records of negative and canceled controlled substances test results (as defined in part 40 of this title) and alcohol test results with a concentration of less than 0.02. Indefinite Period – Records related to the education and training of breath alcohol technicians, screening test technicians, SAP’s, MRO’s, supervisors, and drivers shall be maintained by Anytime Anywhere Piano & Moving Co. LLC while the individual performs the functions which require the training and for two years after ceasing to perform those functions. 32 Types of Records - The following specific records shall be maintained. 1. Records related to the collection process: a. Documents relating to the random selection process. b. Calibration documentation for evidential breath testing devices. c. Documents of breath alcohol technician training. d. Documents generated in connection with decisions to administer reasonable suspicion alcohol or controlled substances tests. e. Documents generated in connection with decisions on post-accident tests. f. Documents verifying existence of a medical explanation of the inability of a driver to provide adequate breath or to provide a urine specimen for testing. g. Consolidated annual calendar year summaries as required by §382.403. 2. Records related to a driver's test results: a. Copy of the alcohol test form, including the results of the test. b. Copy of the chain of custody and control form. c. Documents sent by the medical review officer to the employer. d. Documents related to the refusal of any driver to submit to an alcohol or controlled substances test required by this part. e. Documents presented by a driver to dispute the result of an alcohol or controlled substances test administered under this part. f. Documents generated in connection with verifications of prior employer’s alcohol or controlled substances test results that must obtained in connection with the exception contained in §382.301 and §382.413. 3. Records related to other violations of this part. 4. Records related to evaluation: a. Records pertaining to a determination by a substance abuse professional concerning a driver's need for assistance. b. Records concerning a driver's compliance with recommendations of the substance abuse professional. 33 5. Records related to education and training: a. Materials on alcohol misuse and controlled substances use awareness, including a copy of the employer's policy on alcohol misuse and controlled substances use. b. Documentation of compliance with the requirements of § 382.601, including the driver's signed receipt of education materials. c. Documentation of training provided to supervisors to make a determination concerning the need for alcohol and/or controlled substances testing based on reasonable suspicion. d. Certification that any training conducted under this part complies with the requirements for such training. 6. Administrative records related to alcohol and controlled substances testing: a. Agreements with collection site facilities, laboratories, breath alcohol technicians, screening test technicians, medical review officers, consortia and third party service providers. b. Names and positions of officials and their role in the employer's alcohol and controlled substances testing program(s). c. Semi-annual laboratory statistical summaries of urinalysis required by § 40.111(a); d. Anytime Anywhere Piano & Moving Co. LLC's alcohol and controlled substances testing policy and procedures. e. Location of records - All records required by this part shall be maintained as required by §390.31 of this subchapter and shall be made available for inspection at the employer's principal place of business within two business days after a request has been made by an authorized representative of the Nevada Highway