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Old 10-03-2006, 02:05 AM
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Default Drug and alcohol testing

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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Old 10-03-2006, 01:16 PM
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Default Re: Drug and alcohol testing

Quote:
Originally Posted by Overloaded
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.

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Old 10-03-2006, 01:18 PM
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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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Old 10-03-2006, 08:36 PM
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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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Old 10-03-2006, 11:06 PM
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Quote:
Originally Posted by Overloaded
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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Old 10-05-2006, 03:23 AM
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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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Old 10-05-2006, 03:46 AM
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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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Old 10-05-2006, 05:14 AM
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Quote:
Originally Posted by Myth_Buster
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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Old 10-05-2006, 05:22 AM
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There's also the Whistle Blower provision.
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Old 10-05-2006, 06:35 AM
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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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