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Overloaded
Joined: 09 Sep 2006
Posts: 80
Location: West Virginia
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| Posted: Mon Oct 02, 2006 8:05 pm Post subject: Drug and alcohol testing |
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| I currently work for a city government as heavy equipment operator/truck driver. We are not drug tested at all. A co-worker has a CDL and a serious alcohol problem and I have reason to believe he is on drugs also. He comes to work drunk to the point of staggering quite often. The supervisor and the mayor of the town are aware of this, but don't seem to care. I understand it that all CDL holders are to be randomly tested, but does this apply to government employees as well? I really need to get this guy off the road before he hurts or kills somebody. Is there any thing I can do? |
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kc0iv
Joined: 03 Feb 2005
Posts: 1083
Location: Kansas City, MO
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| Posted: Tue Oct 03, 2006 7:16 am Post subject: Re: Drug and alcohol testing |
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Overloaded wrote: I currently work for a city government as heavy equipment operator/truck driver. We are not drug tested at all. A co-worker has a CDL and a serious alcohol problem and I have reason to believe he is on drugs also. He comes to work drunk to the point of staggering quite often. The supervisor and the mayor of the town are aware of this, but don't seem to care. I understand it that all CDL holders are to be randomly tested, but does this apply to government employees as well? I really need to get this guy off the road before he hurts or kills somebody. Is there any thing I can do?
About the only thing you could do is contact law enforcement.
If if is a small town I would suggest contacting the highway patrol or the county.
kc0iv
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Sealord
Joined: 20 Jun 2005
Posts: 1692
Location: Florida
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| Posted: Tue Oct 03, 2006 7:18 am Post subject: 86 |
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| Report him anonymously to your local or state cops. How 'bout also reporting him to your city's risk managment bubba. I'm sure your city could afford a huge lawsuit payout if he maims or kills someone while he's working. BOL |
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Overloaded
Joined: 09 Sep 2006
Posts: 80
Location: West Virginia
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| Posted: Tue Oct 03, 2006 2:36 pm Post subject: |
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| Thank you for the replies. I will talk to the state police. I've already talked to the local cops, but since they are city employees also they are afraid to get involved. Our city has no one in risk management that I am aware of. |
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Uturn2001
Joined: 10 Jan 2005
Posts: 4602
Location: East Central IL between the corn and the beans
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| Posted: Tue Oct 03, 2006 5:06 pm Post subject: |
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Overloaded wrote: Thank you for the replies. I will talk to the state police. I've already talked to the local cops, but since they are city employees also they are afraid to get involved. Our city has no one in risk management that I am aware of.
There is always the city attorney. |
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Myth_Buster
Joined: 20 Jul 2006
Posts: 102
Location: Dark Side of The Moon
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| Posted: Wed Oct 04, 2006 9:23 pm Post subject: |
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Quote: ?382.103 Applicability.
(a) This part applies to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State, and is subject to:
(a)(1) The commercial driver's license requirements of part 383 of this subchapter;
(a)(2) The Licencia Federal de Conductor (Mexico) requirements; or
(a)(3) The commercial drivers license requirements of the Canadian National Safety Code.
(b) An employer who employs himself/herself as a driver must comply with both the requirements in this part that apply to employers and the requirements in this part that apply to drivers. An employer who employs only himself/herself as a driver shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool.
(c) The exceptions contained in ?390.3(f) of this subchapter do not apply to this part. The employers and drivers identified in ?390.3(f) of this subchapter must comply with the requirements of this part, unless otherwise specifically provided in paragraph (d) of this section.
(d) Exceptions. This part shall not apply to employers and their drivers:
(d)(1) Required to comply with the alcohol and/or controlled substances testing requirements of part 655 of this title (Federal Transit Administration alcohol and controlled substances testing regulations); or
(d)(2) Who a State must waive from the requirements of part 383 of this subchapter. These individuals include active duty military personnel; members of the reserves; and members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel; or
(d)(3) Who a State has, at its discretion, exempted from the requirements of part 383 of this subchapter. These individuals may be:
(d)(3)(i) Operators of a farm vehicle which is:
(d)(3)(i)(A) Controlled and operated by a farmer;
(d)(3)(i)(B) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm;
(d)(3)(i)(C) Not used in the operations of a common or contract motor carrier; and
(d)(3)(i)(D) Used within 241 kilometers (150 miles) of the farmer's farm.
(d)(3)(ii) Firefighters or other persons who operate commercial motor vehicles which are necessary for the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulation.
If the vehicle the driver drives requires a CDL, then he/she must be tested as required. Government employes are not exempt from D & A testing. Call 1-888-DOT-SAFT (1-888-368-7238).
Be safe. |
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rcso
Joined: 17 Sep 2006
Posts: 145
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| Posted: Wed Oct 04, 2006 9:46 pm Post subject: |
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| You could also get him on video and give it to your local news channel. Most of the time, they love corruption stories. |
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yeti
Joined: 19 Jul 2006
Posts: 82
Location: north New England
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| Posted: Wed Oct 04, 2006 11:14 pm Post subject: |
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Myth_Buster wrote: Quote: ?382.103 Applicability.
(a) This part applies to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State, and is subject to:
(a)(1) The commercial driver's license requirements of part 383 of this subchapter;
(a)(2) The Licencia Federal de Conductor (Mexico) requirements; or
(a)(3) The commercial drivers license requirements of the Canadian National Safety Code.
(b) An employer who employs himself/herself as a driver must comply with both the requirements in this part that apply to employers and the requirements in this part that apply to drivers. An employer who employs only himself/herself as a driver shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool.
(c) The exceptions contained in ?390.3(f) of this subchapter do not apply to this part. The employers and drivers identified in ?390.3(f) of this subchapter must comply with the requirements of this part, unless otherwise specifically provided in paragraph (d) of this section.
(d) Exceptions. This part shall not apply to employers and their drivers:
(d)(1) Required to comply with the alcohol and/or controlled substances testing requirements of part 655 of this title (Federal Transit Administration alcohol and controlled substances testing regulations); or
(d)(2) Who a State must waive from the requirements of part 383 of this subchapter. These individuals include active duty military personnel; members of the reserves; and members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel; or
(d)(3) Who a State has, at its discretion, exempted from the requirements of part 383 of this subchapter. These individuals may be:
(d)(3)(i) Operators of a farm vehicle which is:
(d)(3)(i)(A) Controlled and operated by a farmer;
(d)(3)(i)(B) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm;
(d)(3)(i)(C) Not used in the operations of a common or contract motor carrier; and
(d)(3)(i)(D) Used within 241 kilometers (150 miles) of the farmer's farm.
(d)(3)(ii) Firefighters or other persons who operate commercial motor vehicles which are necessary for the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulation.
If the vehicle the driver drives requires a CDL, then he/she must be tested as required. Government employes are not exempt from D & A testing. Call 1-888-DOT-SAFT (1-888-368-7238).
Be safe.
if you read the exceptions, part d , (d)(3)(i)(C) it is possible he would be exempt from the required testing. |
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yoopr
Joined: 01 Dec 2004
Posts: 12866
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| Posted: Wed Oct 04, 2006 11:22 pm Post subject: |
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| There's also the Whistle Blower provision. |
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rcso
Joined: 17 Sep 2006
Posts: 145
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| Posted: Thu Oct 05, 2006 12:35 am Post subject: |
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| It's possible, but I don't know of any city equipment operators that are farmers or that work for or on farms and thus that wouldn't apply. |
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Myth_Buster
Joined: 20 Jul 2006
Posts: 102
Location: Dark Side of The Moon
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| Posted: Sun Oct 08, 2006 2:37 pm Post subject: |
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yeti:
Quote: if you read the exceptions, part d , (d)(3)(i)(C) it is possible he would be exempt from the required testing.
yeti, you have to use all of 382.103(d)(3):
Quote: (d)(3) Who a State has, at its discretion, exempted from the requirements of part 383 of this subchapter. These individuals may be:
(d)(3)(i) Operators of a farm vehicle which is:
(d)(3)(i)(A) Controlled and operated by a farmer;
(d)(3)(i)(B) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm;
(d)(3)(i)(C) Not used in the operations of a common or contract motor carrier; and
(d)(3)(i)(D) Used within 241 kilometers (150 miles) of the farmer's farm.
(d)(3)(ii) Firefighters or other persons who operate commercial motor vehicles which are necessary for the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulation.
Quote: ? 383.3 Applicability.
(a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States.
(3)(i) A driver, employed by an eligible unit of local government, operating a commercial motor vehicle within the boundaries of that unit for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting, if
(A) The properly licensed employee who ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle; or
(B) The employing governmental entity determines that a snow or ice emergency exists that requires additional assistance.
(ii) This exemption shall not preempt State laws and regulations concerning the safe operation of commercial motor vehicles.
Government employees may operate CMVs during certain situations without a CDL. The exception is not carte blanc.
rcso
Quote: It's possible, but I don't know of any city equipment operators that are farmers or that work for or on farms and thus that wouldn't apply.
The rules for farmers apply when the driver is on the farm, once the driver works for a regulated entity the farmer exception goes away. As the regulated carrier must comply.
yoopr:
Quote: There's also the Whistle Blower provision.
The Whistle Blower Protection Act would come into play if the employee was fired for reporting illegal activities or fired for operating CMVs in an unsafe condition.
As mentioned the best course of action is to report the operation of CMVs without a CDL and no D & A testing to the FMCSA.
Be safe. |
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Overloaded
Joined: 09 Sep 2006
Posts: 80
Location: West Virginia
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| Posted: Sun Oct 08, 2006 3:58 pm Post subject: |
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| I've been checking into the situation and we are exempt from FMCSA regulations. All other local governments and state agencies in the area drug test their employees, so is there any other regulations besides FMCSA that requires the drug testing of drivers? |
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Myth_Buster
Joined: 20 Jul 2006
Posts: 102
Location: Dark Side of The Moon
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| Posted: Sun Oct 08, 2006 11:02 pm Post subject: |
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Overloaded:
Quote: I've been checking into the situation and we are exempt from FMCSA regulations. All other local governments and state agencies in the area drug test their employees, so is there any other regulations besides FMCSA that requires the drug testing of drivers?
Are the vehicles you operate 26,000 pounds or less?
Are the vehicles you operate equipped with lights and sirens?
If the answer to both questions are no, then your employer is not exempt from the FMCSA regs.
Be safe. |
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