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Alcohol, Drug & Substance Abuse Policy

It is Diamond Transportation’s policy to maintain a drug and alcohol-free workplace. There is a zero-tolerance policy towards drug and alcohol use by employees while on duty. Accordingly, the unlawful manufacture, distribution, dispensation, possession, or use of alcohol, illegal narcotics, drugs, or controlled substances by Diamond Transportation employees while on Diamond Transportation business or on Diamond Transportation premises is prohibited. Diamond Transportation premises include all land, property, buildings, structures, installations, parking lots, means of transportation owned by or leased to the Company or otherwise being utilized for Diamond Transportation business and private vehicles parked on Diamond Transportation premises. Employees are also prohibited from reporting to work while under the influence of alcohol, illegal narcotics, drugs or other controlled substances, except if the controlled substances are taken pursuant to the instructions of a licensed health care provider.

Violation of this rule will result in disciplinary action, up to and including discharge. In addition, any such substances found during the course of enforcing this policy may be turned over to the appropriate law enforcement authorities and may result in prosecution.

Types of Drug & Alcohol Testing

DOT Required Drug & Alcohol Testing

Chauffeurs shall be subject to drug & alcohol testing required by the Department of Transportation.

Pre-Employment (drug only)

All employees shall be subject to a drug test prior to employment. No employee shall be permitted to perform any safety-sensitive function, including the driving of any company vehicle, until he/she has received a negative drug test result.

Post-Accident

In the event of an accident involving a Diamond Transportation-owned vehicle operating on a public road in commerce, the involved employee shall be subject to a drug and alcohol test in the following circumstances:

  • If the accident involved the loss of human life;
  • If the employee receives a citation for a moving traffic violation arising from the accident, and the accident involves either:
    • Bodily injury to any person who immediately receives medical treatment away from the scene of the accident; or
    • One or more motor vehicles incur disabling damage requiring the motor vehicle to be transported away from the scene by tow.

Failure to report any accident that meets the post-accident testing criteria is in violation of Company policy and subject to disciplinary action.

In cases where a post-accident drug and alcohol test is required, the employee involved must submit to the test as soon as practicable. If an alcohol test is required, it shall be administered within two hours following the accident. If this does not occur, the employer shall prepare and maintain on file, a record stating the reasons the test was not promptly administered. When a test required by this section is not administered within eight hours following the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. If a test for controlled substances is required and not administered within 32 hours following the accident, the employer shall cease attempts to administer a controlled substance test and prepare and maintain on file a record stating the reasons the test was not promptly administered.

In cases of such an accident occurring after hours, the employee must report the accident immediately and report to a testing facility upon facility opening hours, but no later than eight hours after the accident. Where reasonable suspicion is assessed for use of a controlled substance, the testing can be required up to 32 hours after the time of the accident.

Random

Employees shall be subject to random drug and alcohol testing. Random testing will be conducted without notice to randomly selected employees. Employees may be grouped into drug and alcohol testing pools based on job function. Safety sensitive drivers must be in a separate pool and could include any employee either working on, or driving, parking, moving a company vehicle. All employees within each pool have an equal chance of testing.

Reasonable Suspicion

Employees shall be subject to reasonable suspicion drug and alcohol testing if a trained supervisor or trained company official believes or suspects that the employee is under the influence of drugs or alcohol (or both).

Return-to-Duty & Follow-Up

Employees retained by the Company after a positive test result or a test refusal shall be subject to return-to-duty drug and alcohol testing. No employee shall be permitted to perform any safety-sensitive function until they have received a verified negative drug and alcohol test result. Thereafter, such employees will be subject to certain follow-up drug and alcohol testing as established by a Substance Abuse Professional (SAP). If an employee is tested for drugs or alcohol outside of the employment context and the results indicate a violation of this policy, or if an employee refuses a request to submit to testing under this policy, the employee may be subject to appropriate disciplinary action up to and including termination. In such a case, the employee will be given an opportunity to explain the circumstances (to include a written statement), prior to any final employment action becoming effective.

Refusal to Submit to a Drug and/or Alcohol Test

An employee is considered to have refused to take a drug and/or alcohol test if he/she:

  • Fails to appear at a collection site for any test (except a pre-employment test) within a reasonable time, as determined by the Company, consistent with applicable DOT agency regulations, after being directed to do so by the Company. This includes the failure of the employee to appear for a test when called by the Company’s third-party administrator;
  • Fails to remain at the collection site until the testing process is complete; provided that a person 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 specimen;
  • Fails to permit a monitored or observed collection if the Company ordered or if the collector required the collection to be monitored or observed;
  • Fails to provide a sufficient amount of urine specimen, provided the Medical Review Officer (MRO) finds there was no medical reason for the employee to provide insufficient amount of urine;
  • Fails or declines to take an additional drug test that the Company or collector has directed;
  • Fails to undergo a medical examination or evaluation the MRO or the Company has directed;
  • Fails to cooperate with any part of the specimen collection process;
  • Fails, for an observed collection, to follow the instructions to raise and lower clothing and turn around;
  • Admits to the collector to having adulterated or substituted the specimen;
  • Adulterates or substitutes a urine specimen; or
  • Admits to the MRO to having adulterated or substituted the specimen.

The Company maintains a policy of non-discrimination and will strive to make reasonable accommodations to assist individuals recovering from substance and alcohol dependencies, and those who have a medical history that reflects treatment for substance abuse conditions. We encourage employees to seek assistance before their substance abuse or alcohol misuse renders them unable to perform the essential functions of their jobs, or jeopardizes the health and safety of any employee, including themselves. Employees suspected of possessing or using alcohol, illegal narcotics, drugs or other controlled substances (other than controlled substances that are taken pursuant to the instructions of a licensed health care provider) at the workplace are subject to inspection and search, with or without notice. Employees’ personal belongings, including any bags, purses, briefcases, clothing, and personal vehicles parked on Company property, and all Diamond Transportation property, also are subject to inspection and search, with or without notice.

For employees or customers who have concerns and wish to file a complaint against a chauffeur, please call 520-825-8888 and ask for the Director of Operations. Alternatively, complaints may be sent by email to: contact@diamondtransportation.com.