Drug and Alcohol Abuse Policy
Hard Fork Transportation Inc. is committed to ensuring the safety, compliance, and professionalism of all Independent Contractor Drivers (ICDs) operating under its authority. The use of drugs or alcohol while operating a commercial motor vehicle (CMV) poses a significant risk to public safety, violates federal and state laws, and compromises the integrity of the company. This policy establishes clear expectations, testing procedures, prohibited conduct, and disciplinary actions to maintain a drug- and alcohol-free work environment.
1. Compliance with FMCSA and DOT Regulations
Hard Fork Transportation Inc. adheres to the strict requirements set forth by the Federal Motor Carrier Safety Administration (FMCSA) and the Department of Transportation (DOT) regarding drug and alcohol use by commercial drivers. Under 49 CFR Part 382, all ICDs must comply with the following:
- ICDs must not consume alcohol within four (4) hours prior to operating a CMV.
- ICDs must not have a blood alcohol concentration (BAC) of 0.04% or higher while operating a CMV.
- ICDs are prohibited from using controlled substances unless prescribed by a licensed physician who confirms the medication will not impair driving ability.
- ICDs must not refuse to submit to a required drug or alcohol test.
- ICDs must notify the company immediately if they are using prescribed medication that may affect their ability to safely operate a CMV.
2. Prohibited Conduct
ICDs are strictly prohibited from engaging in the following behaviors while under contract with Hard Fork Transportation Inc.:
- Operating a CMV while under the influence of alcohol (BAC of 0.04% or higher).
- Operating a CMV while under the influence of controlled substances, including but not limited to marijuana, cocaine, opioids, amphetamines, and PCP.
- Possessing, distributing, selling, or using illegal drugs or drug paraphernalia while on duty.
- Drinking alcohol or using drugs during breaks, rest periods, or between loads when responsible for operating a CMV.
- Refusing to take a DOT-mandated drug or alcohol test.
- Attempting to cheat, alter, or tamper with a drug or alcohol test.
- Using over-the-counter or prescription medications that impair reaction time, coordination, or alertness while driving.
3. Drug and Alcohol Testing
To ensure compliance with FMCSA and DOT regulations, Hard Fork Transportation Inc. requires all ICDs to undergo the following drug and alcohol testing:
A. Pre-Employment Testing
- All ICDs must pass a DOT-approved drug test before being allowed to operate under Hard Fork Transportation Inc.
- Any ICD who fails or refuses the test will not be allowed to operate under the company’s authority.
B. Random Testing
- ICDs will be subject to unannounced random drug and alcohol testing in accordance with FMCSA regulations.
- Random drug testing will screen for marijuana, cocaine, opioids, amphetamines, and PCP.
- Random alcohol testing will check for compliance with the 0.04% BAC limit.
C. Post-Accident Testing
- An ICD must submit to a drug and alcohol test following an accident if:
- The accident results in a fatality.
- The ICD receives a citation for a moving violation and the accident causes bodily injury requiring medical attention.
- The ICD receives a citation for a moving violation and the accident causes damage requiring a tow truck.
- The test must be completed within 8 hours for alcohol and within 32 hours for drugs.
- Refusal to test will be considered a positive result, leading to immediate termination.
D. Reasonable Suspicion Testing
- ICDs will be required to take a drug and/or alcohol test if there is reasonable suspicion based on observed behavior, speech, odor, or physical signs of impairment.
- Suspicion may be reported by company personnel, law enforcement, or other verified sources.
E. Return-to-Duty and Follow-Up Testing
- If an ICD violates this policy but is approved for reinstatement (at the company’s sole discretion), they must complete a return-to-duty test and ongoing follow-up testing as required by a DOT-approved Substance Abuse Professional (SAP).
- ICDs must pay for all costs associated with return-to-duty and follow-up testing.
4. Consequences for Violations
Hard Fork Transportation Inc. has a zero-tolerance policy for drug and alcohol violations. Any ICD who violates this policy will face the following consequences:
A. Immediate Termination
- Any ICD who tests positive for drugs or alcohol will have their contract terminated immediately.
- Any ICD who refuses to submit to a required test will be treated as a positive result and immediately terminated.
- Any ICD who is found in possession of illegal substances or alcohol in a CMV will be terminated.
- Any ICD found altering or tampering with a drug or alcohol test will be terminated.
B. Financial Liability
- If an ICD violates this policy and causes an accident, they will be held fully responsible for all damages, legal fees, and insurance claims.
- Hard Fork Transportation Inc. reserves the right to deduct damages, penalties, and recovery costs from the ICD’s escrow fund or settlements.
C. Legal Consequences
- Violations of this policy may result in criminal charges if illegal substances are involved.
- Any ICD operating a CMV while impaired may face DOT fines, CDL disqualification, and permanent bans from working in the trucking industry.
5. Prescription and Over-the-Counter Medications
ICDs must disclose any prescription or over-the-counter medications that may affect their ability to safely operate a CMV.
- Medications that cause drowsiness, dizziness, or impaired coordination must not be used while on duty.
- If a doctor prescribes a controlled substance, the ICD must obtain written confirmation from the doctor stating that the medication will not impair their ability to drive.
- The company reserves the right to request medical clearance before allowing an ICD to operate a CMV while on medication.
6. Driver Acknowledgment and Agreement
All ICDs must acknowledge that they have read, understood, and agreed to comply with this policy. Violations will result in immediate termination, financial penalties, and possible legal consequences.
Hard Fork Transportation Inc. reserves the right to conduct audits, inspections, and testing at any time to ensure compliance with this policy.
By adhering to this policy, ICDs contribute to a safer driving environment, protect themselves and others, and uphold the professional standards of Hard Fork Transportation Inc.