Reso 2011-1813 - Laserfiche WebLink

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~ Disabling damage does not include damage to headlights, turn signals, horn, windshield wipers, and tires or other damage that could be remedied temporarily at the scene of the occurrence if special tools or parts were available. Fatal Accidents Covered employees must be tested for prohibited drug and alcohol concentration as soon as practicable following an accident involving the loss of human life, regardless of circumstances. Each surviving covered employee operating the mass transit vehicle at the time of the accident shall be tested. The employer shall also test any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision. The employee must be relieved from duty pending the results of the post-accident drug and alcohol tests for all fatal accidents. Nonfatal Accidents Covered employees shall be tested for prohibited drug and alcohol concentration as soon as practicable following an accident not involving the loss of human life. The employer shall test each covered employee operating the mass transit vehicle at the time of the accident unless the employer determines, using the best information available at the time of the decision, that the covered employee's performance can be completely discounted as a contributing factor to the accident. All decisions related to post accident testing must be documented in detail, using the FTA Post Accident Report Form including the decision-making process used to reach a decision not to test. The employer shall also test any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision. If an alcohol test is not administered within two (2) hours following the accident, the employer shall prepare and maintain on file a record stating the reason that the test was not promptly administered. If an alcohol test is not administered within eight (8) hours following the accident, attempts to administer an alcohol test shall cease and a record shall be maintained. Records shall be submitted to the FT A upon request of the Administrator. A post-accident drug test is required as soon as practicable but within thirty-two (32) hours of the accident. If a required drug test is not administered within thirty-two (32) hours following the accident, the employer shall prepare and maintain on file a record stating the reason that the test was not promptly administered. A covered employee is not prohibited from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary medical care. A covered employee who leaves the accident scene without proper authorization prior to submitting to a drug and/or alcohol test will be considered to have refused the test and will be subject to disciplinary action, up to and including dismissal. (See Consequences, Refusal to Test Violations.) The employer may use the results of blood, urine, or breath tests for the use of determining prohibited drugs or the misuse of alcohol, conducted by Federal, State, or local officials having SIB_Drug-Free_ WorkpIace]rogram_-_ W-CDL Page 29 of 41 12/15/2011