08-30-11 Wrecker Committee Meeting and Public Hearing

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Towing Administrative Rules (ii) tow o lilrem mmw Vm date m the positive test; (/v) substance detected ^x the drug and alcohol test; arid (v) disciplinary action imposed violation of the drug testing policy. Page 14 of 16 (9) Reporting and Reviewing of Drug arid Alco Testing Results. (A) The company shall designate a med ical review office store testing information transmitted m' the laboratory. This person shall »** licensed physician with knowledge of substance abuse disorders. (0) The shall report test results only m the designated mmz who will review them m accordance with accepted guidelines and the procedures adopted *v the Federal Department of Transportation, (C) Reports from the laboratory to the MRO shall be in w6ting or by fax. The MRO may talk with the towing operator by telephone upon exchange u/ acceptable identification. (o) Neither the comp the lauu,u,mvnor mmmnoawaoo�c/"vw any xmu^.m/mowe n w */'^v"�p^vmxe*soun vn�omnae,waenavm"�zowv^uvm�hw towing operator, unless such results are necessary m the process ^/ resolution ^/a*dd*m(i^moom) investigations, requested u' court order, v. re wm» released to parties having u legal oom�o-xnvwws determined »v state and federal law. nm Distribution w/ Information m Tow Operators. The minimal distribution v/ information for all towing operators wiw include the display and distribution of. (A) informational material un the physical and mental ^mcts of drugs and alcohol; (e) av existing community services hotline number, available drug and alcohol co""»exrm'rehmmmmxm.m^o^o*ism^w »m»mm; K; the company's policy regarding the use m prohibited drugs and/or alcohol: and (D) the consequences or disciplinary action that may be imposed upon VSF employees for violating the drug and alcohol (11) Consequences ofa Confirmed Positive Drug and Alcoho Test. Job applicants will be denied employment ntheir initial positive pre-employment drug test results have been confirmodr (B) If a towing operator's positiive drug and alcohol test result has been confirmed, the towing operator will stand dow n from towing operation duties and may be subject to disciplinary action up to and including termination. (C) The company may consider the following factors in determining the appropriate disciplinary actiom the operator's work history, length m employment Current work assignment, current job performance, and existence of past disciplinary actions. (D) No disciplinary action may be taken pursuant to this drug and alcohol policy against towing operators who voluntarily identify themselves as drug or alcohol users, obtain counseling, rehabilitation and comply with return to duty and follow-up drug and alcohol testing. (12) Exceptions. (A) Towing operators subject to random drug and alcohol testing under Title 49, Code wFedera have been randomly tested in the 12- month reporting period are exempt from the annual test requirement, provided that the towing operator's tested negallve and the negative test feSUItS are Submitted to and verified by the MRO. (B) Towing operators holding a valid Towing Operator License issued by the department who are tested for drugs and alcohol in accordance with 16 Texas Administrafive Code Chapter 85 are exempt from this section, (b) Independent drug and alcohol testin policy. (1)* towing company may file uo independent umuandmu*m^te*tinenvmv (2) The filing must describe how the independent drug and alcohol testing policy mw stringent o*each provision of the model policy met forth m subsection (w. (c) Compliance. A towing comp is required to adopt and implement an alcohol and drug testing policy that complies with subsect (a) or (b). omum. Fes. (New section adopted effective April /5,0008,00ex*° ue*u amended effective May 3,2010, 35 nmneo3485) (a) Application Fees (1) Permit Tvw Truck (A) Original Application--$75 (B)nnnevs/''nm p> Duplicate p^rmt—w^charge (o) Permit xvenumaot--$oo (2) Tow Company License (A) Original Application--$350 (B) Renewal--$350 (C) Duplicate uwyo=e-'suo (D) Permit Amendment--$25 http://m 6/21/2011