Unclassified

AR 600–85 • 23 July 2020 20 sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor will a supervisor permit the driver to perform safety-sensi- tive functions, until
(a) An alcohol testis administered and the employee’s alcohol concentration measures less than 0.02 percent or greater but less than 0.04 percent on a confirmation test.
(b) Twenty-four hours have elapsed following the determination that there is reasonable suspicion to believe that the driver has violated the DOT prohibitions concerning the use of alcohol. Except as provided above, no supervisor may take any action under the DOT regulations against a driver based solely on the driver’s behavior and appearance, with respect to alcohol abuse, in the absence of an alcohol test.
(2) Post-accident testing. Post-accident tests must be conducted as soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce that is covered by the DOT regulations.
Post-accident testing is required for each surviving driver 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 within 8 hours of the occurrence under State or local law fora moving traffic violation arising from the accident, if the accident involved either bodily injury to any person who, as result of the injury, immediately received medical treatment away from the scene of the accident, or if one or more motor vehicles incurred 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.
(a) If the alcohol testis not administered within 2 hours following the accident, the supervisor will record the reasons the test was not administered promptly. If the testis not administered within 8 hours following the accident, the supervisor will cease attempts to administer an alcohol test and will document why the test was not promptly administered. The employee is prohibited from using alcohol for 8 hours after the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.
(b) A driver who is subject to post-accident testing should remain readily available for such testing, or the driver maybe deemed to have refused to submit to testing.
(c) Nothing in this section should be construed to require the delay of necessary medical attention for injured people, or to prevent the driver from leaving the scene of the accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
(d) The supervisor should provide drivers with necessary “post-accident” information, procedures, and instructions, prior to a driver operating a commercial motor vehicle.
(e) The results of a breath or blood test conducted by Federal, State, or local officials having independent authority for the test shall be considered to meet the requirements of this section, provided such test conforms to the applicable Federal, State or local requirements and that the results are obtained by the employer.
(3) Return-to-duty alcohol testing. Before a driver may resume performing safety-sensitive duties after having engaged in conduct prohibited by the applicable regulations, the driver must take a return to duty test under the procedures of 49 CFR Part 40, Subpart O. The employee must have an alcohol test with an alcohol concentration of less than 0.02. This test cannot occur until after the SAP has determined that the employee has successfully complied with prescribed education and/or treatment.
(4) Followup testing. An employee is subject to unannounced followup testing for at least the first 12 months of safety-sensitive duty following the employee’s return to safety-sensitive functions. The SAP determines the number and frequency of the followup tests. The employee must pass at least 6 unannounced followup tests in the first 12 months. The SAP may also require followup tests during the months of safety-sensitive duty following this first month period. The supervisor selects the specific dates for the followup tests prescribed by the SAP.
(a) Followup testing is separate from and in addition to the random testing program. Drivers subject to followup testing will remain in the random testing pool and will be tested whenever selected for random testing.
(b) The supervisor will meet with the driver and obtain written acknowledgment that the driver is aware of the requirement for followup testing.
(5) Random testing. Random testing will use a scientifically valid system for randomly selecting employees to be tested. Random testing will be imposed without an individualized suspicion that a particular individual is using illegal drugs or misusing alcohol. Each driver will have an equal chance of being tested each time selections are made. Each driver selected shall be tested during the selection period.
(a) Frequency of random testing. DOT regulated personnel will be randomly tested for alcohol at a minimum rate established by the DOT. Each calendar year, the Federal Motor Carrier Safety Administration will publish in the Federal Register the minimum annual percentage rate for alcohol and other drug testing of drivers. The testing will be conducted monthly and be distributed evenly throughout the year. Although subject to both random alcohol and drug testing under the DOT regulations, a driver shall only be tested for alcohol 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

AR 600–85 • 23 July 2020 21 performing such functions. Employees will proceed to the testing facility within 2 hours of having been notified except that if the driver is performing a safety-sensitive function other than driving a commercial motor vehicle at the time of notification, the driver must cease performing the safety-sensitive function and proceed to the site as soon as possible.
(b) Identification.
1. The DMO will prepare a memo for the installation commander’s signature tasking all directorates to identify all installation civilian driver positions which meet the applicability criteria provided in paragraph 5
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24. Management will ensure that the position descriptions for the identified DOT safety-sensitive positions clearly document their safety-sensitive functions.
2. The DMO, with the assistance of management, will establish and maintain an updated DOT driver roster, which identifies the incumbents in those positions and will provide a copy to the DTC or designee. The DOT driver rosters maybe in any format, but will contain at a minimum the position title and number the name, and work telephone of incumbent the name and work telephone of the first line supervisor, and date supervisor was trained regarding the DOT Testing Program.
3. Management will inform employees of conditions of employment by the issuance of the day individual notices to incumbents of DOT safety-sensitive positions and the requirement for employee acknowledgement and signature on DA Form 7412.
(c) Notification.
1. The DMO (or other individuals designated by the DMO) will randomly select the drivers to be alcohol tested. The DMO, or designee, will then notify the first level supervisors of those selected drivers. The DMO’s notification will include the instructions that the supervisor will tell the selected drivers they must report to the testing site immediately, but no later than 2 hours after notification. If the first level supervisor is unavailable, the next higher level supervisor will be contacted. The DMO or designee should record the names of drivers selected, name of supervisors) and times notified, and time scheduled for specimen collection in an MFR.
2. The supervisor will privately explain to the driver that they are under no suspicion of consuming alcohol, that the employee’s name was selected randomly, and that the employee is to report promptly to the testing facility with photo ID. Supervisors should record the names of individuals advised to report for alcohol testing, time notified, and time when employees were advised to report for random testing in an MFR.
3. Supervisors of drivers who work shift duty or are assigned special duty hours (for example, not atypical day shift like 0800
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1700 hours) will advise the DMO, who will develop a plan for testing these employees.
(d) Not available to test. Supervisors will notify the DMO or designee promptly when the drivers selected for random testing are not available due to leave or travel status. The supervisor will record why the driver was not available. Supervisors should not approve leave once a driver has been selected fora random test. The DMO or de- signee will reschedule the employee for an unannounced test within the next 60 days.
(e) Failure to appear or provide an alcohol specimen.
1. The DMO or designee will notify the supervisor when a driver refuses to provide a specimen or fails to report to the designated collection site within the designated time. The DMO or designee will document the failure to appear for testing, or refusal to provide a specimen, and provide a copy to the employee’s first line supervisor.
2. The supervisor will notify the higher level supervisor and the servicing CPAC.
(f) Evenly distributed. The DMO or designee will ensure that random testing is evenly distributed throughout the year (approximately 8
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10 percent of the testing pool per month.
d. Effective deterrence requires a random selection process which ensures all employees subject to random testing believe they maybe required to provide a breath specimen any day they report to work.

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