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Legendary Limo Service Drug & Alcohol Policy

In compliance with Federal Regulations 49CFR (§382) and Part 40, Legendary Limo Service LLC has a responsibility to its employees and those who use our services, to ensure a safe service and productive work environment. To satisfy these responsibilities, it is the policy of Legendary Limo Service LLC and a condition of employment that an employee be present and able to do their job free from the effects of alcohol and/or drugs that can impair job performance. 

 

Our Commitment 

We recognize that drug and alcohol abuse may be sign of chemical dependency and that substance abuse can be successfully treated with professional help. Legendary Limo Service LLC advises an Employee Assistance program (EAP) through SapList.com for employees to deal with substance abuse and other personal problems that can affect work performance. Legendary Limo Service LLC may insist upon a mandatory referral to EAP as a condition of continued employment. No employee will be disciplined or discriminated against for seeking help. Any fees or costs associated with the program will be the responsibility of the employee. 

 

Employee Responsibility 

The employee is responsible for following all work and safety rules. If you believe you may have a problem with drugs and/or alcohol, you are responsible for seeking assistance, whether from or through the business or any other resource, before a drug and/or alcohol problem adversely affects your work performance or results in a violation of this policy. If a professional assessment is made that you have a problem with drugs or alcohol, your continued employment maybe conditioned upon: 

  • Entering and completing a treatment program approved by Legendary Limo Service LLC.

  • Signing and living up to a last chance performance agreement. 

  • Undergoing a periodic follow-up testing at Legendary Limo Service LLC. 

 

Scope of our policy 

This policy and each of its rules apply whenever an employee is on or in company property, surrounding grounds and parking lots, leased, or rented space and any other place that pertains to or conducts business as Legendary Limo Service LLC. 

 

Legendary Limo Service LLC. Drug and Alcohol Rules 

The following rules are extremely important and an employee who violates any one of them will be subject to disciplinary action, up to and including termination. 

 

Alcohol  

An employee may not possess, use, transfer, offer, or to be under the influence of any intoxicating liquor while at work or performing duties on behalf of Legendary Limo Service LLC. This rule prohibits using any alcohol prior to reporting to work, during breaks or meal periods, or in conjunction with any business activity, except social or business events where Legendary Limo Service LLC has authorized the moderate consumption of alcoholic beverages.

 

An employee will be removed from a safety sensitive position for 24 hours if your BA is more than .02 and less than .04 a breath test over .04 is a DOT Violation and a referral will be required to a substance abuse professional before being released back to a safety sensitive position.

 

Drugs

An employee may not possess, use, transfer, offer, share, attempt to sell or obtain, manufacturer, or be under the influence of any drug or similar substance and may not have any drug of similar substance present in the body. An employee who tests positive for any illegal- drug violates this rule. This rule also pertains to prescription drugs being taken without doctors' authorization. 

 

Drug Paraphernalia and Alcohol Containers

An employee may not possess any drug paraphernalia or alcohol containers. 

 

Prescription/Over the Counter Medications

Employees are responsible to check the potential effects of prescribed drugs and over the counter medications with your doctor or pharmacist before starting work, and to immediately let your supervisor know when such use makes it unsafe for you to report to work or do your job. 

 

Adulterants

Employees may not use any substance that is used for the purpose of manipulating a drug test by adding to the specimen or ingesting. 

 

Pre-Employment Testing 

All safety sensitive employees are required to pass a D.O.T pre-employment urine drug test before being hired. 

 

Random Testing Program 

The random testing program is implemented by Legendary Limo Service throughout the year. The selection of drivers for random alcohol and controlled substances testing shall be made by a scientifically valid method four times a year. When the driver is notified, they must test ASAP. The Federal Motor Carrier Safety Administration does not allow testing delays due to convenience or movement of freight. (FMCSA) 

 

Mandatory Post Accident Testing 

Post-accident drug and/or alcohol testing will be at Legendary Limo Service LLC request, or as defined in 49 CFR Part 40. 

Type of accident involved:

  • Human Fatality

  • Bodily Injury with Immediate Medical Treatment Away from Scene

  • Disabling Damage to Any Moto Vehicle Requiring Tow Away

Reasonable Suspicion Testing or Reasonable Cause 

At least one Supervisor will be trained in accordance with 49 CFR 382.603 of the Federal Register to make these observations of work performance, behavior, and physical indicators, such as:

  • Observable symptoms or unusual behavior 

  • The odor of alcohol or drugs on employee's breath, clothes, or in an area (such as in vehicles, office, work area, or restroom) immediately controlled or occupied by the employee. Alcohol containers, illegal drugs, or drug paraphernalia in the employee's possession or in an area controlled or occupied by the employee (vehicle, office, desk, restroom)

  • Unexplained or significant deterioration in job performance. 

  • Unexplained significant changes in behavior (e.g., abusive behavior, repeated disregard of safety rules or procedures, insubordination, etc...) 

  • Evidence that the employee may have tampered with a previous drug test. 

  • Criminal citations, arrests involving drugs and alcohol. 

  • Unexplained absenteeism or tardiness. 

  • Employee admissions regarding drug or alcohol use. 

  • Any involvement in any work-related accident or near misses. 

  • Any type of paraphernalia discovered on your person or business property. 

 

D.O.T Exam 

Legendary Limo Service LLC could require a fit for duty exam by a certified medical practitioner; this exam can be administered along with the drug and alcohol screen to determine if the employee is fit for duty. This could be requested in addition to the D.O.T Medical card and certificate. 

 

Cooperation 

An employee who fails to cooperate in the administration of this policy generally will be terminated and is in violation of §49CFR Part 40. Failure to cooperate includes:

  • Refusing to consent to testing, to submit a sample, or to sign required forms. 

  • Refusing to cooperate in any way (for example refusing to courteously and candid cooperate in any interview or investigation, including any form of truthfulness, misrepresentation or misleading statements or omissions) 

  • Any form of dishonesty in the   investigation or testing process. 

  • Refusing to test again at time of Legendary Limo Service LLC choosing wherever any test results in a finding of a dilute sample or reasonable suspicion. 

  • Failure to accept the referral to enter and complete an approved treatment program, or to sign 

or adhere to the commitments in the last chance performance agreement. 

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