(a) Scope. Commercial drivers, safety-impact employees, and vessel crewmembers are subject both to the requirements of this section and to the general requirements that apply to all employees.
(b) Prohibited activities. Commercial drivers, safety-impact employees, and vessel crewmembers shall not:
(1) report to work within four hours of consuming alcohol;
(2) report to work or remain at work while under the influence of alcohol or drugs;
(3) consume or possess alcohol while on duty or while driving a commercial motor vehicle;
(4) use alcohol within eight hours after an accident or before undergoing a post-accident alcohol test, whichever comes first;
(5) have a positive drug test result or an alcohol test result of 0.04 or greater; or
(6) refuse to test.
(c) Testing.
(1) The department will not hire or employ a final applicant for a position as a commercial driver, a safety-impact employee, or a vessel crewmember unless that final applicant passes a drug test.
(2) Commercial drivers are subject to post-accident testing if directly involved in a serious accident. Safety-impact employees are subject to post-accident testing if directly involved in a serious accident that occurs on a day in which the employee has performed or will perform a safety-impact function. Vessel crewmembers are subject to post-accident testing if directly involved in a serious marine incident.
(3) Commercial drivers, safety-impact employees, and vessel crewmembers are subject to random alcohol and drug testing.
(d) Administrative and disciplinary actions.
(1) A commercial driver, safety-impact employee, or vessel crewmember who violates subsection (b) of this section will be subject to all potential administrative and disciplinary actions available under this subchapter.
(2) The commercial driver, safety-impact employee, or vessel crewmember will be removed from critical duties until the employee provides a completed return-to-work form. The employee will be reassigned to temporary modified duties or will be required to take sick leave, vacation leave, compensatory time, or leave without pay. The employee will only be required to take leave without pay if the employee has exhausted all accrued leave.
(3) A final applicant for a position as a commercial driver, safety-impact employee, or vessel crewmember will not be hired if the final applicant has engaged in conduct that would violate subsection (b) of this section and has not received the equivalent of the required treatment. A commercial driver, safety-impact employee, or vessel crewmember will be terminated from the department if it is determined that at the time of hire, the applicant had engaged in conduct that would violate subsection (b) of this section and had not received the equivalent of the required treatment.
(e) Education. Each commercial driver, safety-impact employee, vessel crewmember, and supervisor of an employee in any of those categories will receive training on indications of alcohol or drug use and on the effects of alcohol and drug use on personal health, safety, and the work environment.
(f) Additional reporting requirements for vessel crewmembers.
(1) If a vessel crewmember receives a positive drug test result, the substance control officer shall report it in writing to the nearest Coast Guard Officer in Charge, Marine Inspection.
(2) A vessel crewmember who has received a positive drug test result may not perform vessel crewmember duties until found by the medical review officer to be drug free and to pose a sufficiently low risk for further illegal drug use and the requirements of 46 C.F.R. Part 5 have been satisfied. The employee must agree to follow-up testing determined by the medical review officer for an additional period of up to 60 months.
Source Note: The provisions of this §4.44 adopted to be effective November 21, 2002, 27 TexReg 10754; amended to be effective January 1, 2009, 33 TexReg 10053; amended to be effective March 18, 2015, 40 TexReg 1523