§655.15 Policy Statement contents.
The local governing board of the employer or operator shall adopt
an anti-drug and alcohol misuse policy statement. The statement must
be made available to each covered employee, and shall include the
following:
(a) The identity of the person, office, branch and/or position
designated by the employer to answer employee questions about the
employer's anti-drug use and alcohol misuse programs.
(b) The categories of employees who are subject to the provisions
of this part.
(c) Specific information concerning the behavior and conduct
prohibited by this part.
(d) The specific circumstances under which a covered employee will
be tested for prohibited drugs or alcohol misuse under this part.
(e) The procedures that will be used to test for the presence of
illegal drugs or alcohol misuse, protect the employee and the
integrity of the drug and alcohol testing process, safeguard the
validity of the test results, and ensure the test results are
attributed to the correct covered employee.
(f) The requirement that a covered employee submit to drug and
alcohol testing administered in accordance with this part.
(g) A description of the kind of behavior that constitutes a
refusal to take a drug or alcohol test, and a statement that such a
refusal constitutes a violation of the employer's policy.
(h) The consequences for a covered employee who has a verified
positive drug or a confirmed alcohol test result with an alcohol
concentration of 0.04 or greater, or who refuses to submit to a test
under this part, including the mandatory requirements that the covered
employee be removed immediately from his or her safety-sensitive
function and be evaluated by a substance abuse professional, as
required by 49 CFR Part 40.
(i) The consequences, as set forth in §655.35 of subpart D, for a
covered employee who is found to have an alcohol concentration of 0.02
or greater but less than 0.04.
(j) The employer shall inform each covered employee if it
implements elements of an anti-drug use or alcohol misuse program that
are not required by this part. An employer may not impose requirements
that are inconsistent with, contrary to, or frustrate the provisions
of this part.
