NU-SAF-120 — DRUG & ALCOHOL PROGRAM (DOT + NON-DOT)

Tier 2/3/4 — Procedure + Field Card + Forms · Rev DRAFT · Drafted August 2, 2026 · Owner: Owner (Adam Pelewski) Parent: NU-SAF-100 §5 element 16.

THE GATE

No negative pre-employment drug test on file = no seat, no machine, no Day 1. A qualifying accident or a reasonable-suspicion call = tested that day and off duty until the result is back. A refusal is a positive. The record is the test result in the confidential testing file — no result, no return.

Zero tolerance already exists in NU-PPL-403 — the class and the points live there and are not restated here. What NU-PPL-403 does not have is a testing program behind it. Without testing, zero tolerance is a sentence, not a program. This document is the program.

STATUS — USDOT 4221697 is INACTIVE in SAFER as of 8/1/26 (most likely a lapsed MCS-150 biennial update). Inactive does not mean exempt — the trucks are on the road and the rules apply to the operation, not the paperwork status. This document is written as if the number is active, because it has to be. Reactivating the MCS-150 is an open office task (see NU-GOV-000 Part 5 item 1 and §12 below).

1. THE TWO TRACKS

Every Nova employee is on exactly one track. Same rules on impairment, different federal machinery behind the tests.

FINDING — the register's why-line uses the wrong threshold. NU-GOV-000 says DOT testing applies because combos exceed 10,001 lb GVWR. 10,001 lb is the motor-carrier threshold — it makes Nova a DOT carrier and triggers DQ files (NU-FLT-313), DVIRs, and markings. DOT drug & alcohol testing hangs on the CDL threshold: a combo over 26,001 lb GCWR with a trailer over 10,000 lb needs a Class A CDL (§383.91), and every CDL-required driver is in the Part 382 program. A one-ton pulling a drill or a mini-ex on a 14k trailer is over that line. [Adam: confirm which truck/trailer combos exceed 26,001 lb GCWR and which drivers hold CDLs — that list IS the DOT-track roster. Ties to the NU-FLT-310 tow ratings and the NU-FLT-313 fact-finding job.]

2. THE DOT TRACK (CDL drivers)

2.1 Pre-employment — result back BEFORE the first drive

1. The offer says it: employment contingent on a negative DOT drug test (goes in the NU-PPL-402 offer pack).
2. The negative result must be received before the driver's first safety-sensitive function. Not "sample given" — result back. No exceptions, no "just this run."
3. FMCSA Clearinghouse full query before hire, and a limited query on every CDL driver every year (§382.701). [Adam: Nova must register in the Clearinghouse and name who runs queries — open office task, §13.]
4. Previous-employer drug & alcohol history check, 3 years back (§391.23(d); satisfies the related 2-year look-back in §40.25).
5. Result and queries file in the confidential testing file (§9) — not the personnel file, not the DQ file.

2.2 Random — the consortium pool

• Nova joins a consortium/third-party administrator for the random pool. [Adam: pick the consortium vendor — one vendor should carry the pool, the MRO, and the collection-site network. Not picked yet; the DOT track does not function until it is.]
• Minimum annual rates set by FMCSA (§382.305): currently 50% of driver positions for drugs, 10% for alcohol, selections spread through the year, scientifically random.
• When the name comes up, the driver tests that day. He finishes the task in his hands — a rod in the ground gets tripped out, a lane gets closed properly — then goes straight to the collection site. "Tomorrow" is a refusal (§5).
• Random alcohol tests happen just before, during, or just after safety-sensitive duty — the consortium schedules accordingly.
• Nobody at Nova knows the selection list before notification, and nobody tips a driver off. See the never-list (§8).

2.3 The alcohol numbers

• 0.04 or higher on duty = a violation. Same consequence as a drug positive.
• 0.02–0.039 = off safety-sensitive duty at least 24 hours (§382.505), and NU-PPL-403 applies.
• No alcohol within 4 hours of going on duty, none on duty, none in the truck (§392.5). Federal law, not a Nova preference.

2.4 Post-accident — the §382.303 criteria table (this decides it, not anger and not mercy)

After any crash involving a CDL-required combo:

The clocks (§382.303): - Alcohol: test within 8 hours. If not done within 2, document why and keep trying. At 8 hours, stop and document. - Drugs: test within 32 hours. At 32, stop and document. - A citation can come late. "No ticket yet" is not "no test" — the citation windows match the test clocks, so the driver stays reachable and the office watches the clock. - The driver drinks nothing for 8 hours after the accident or until tested, whichever comes first. - Testing never delays medical care or leaving the scene for help. Care first (NU-SAF-119, NU-SAF-121), test second.

Every DOT accident gets a NU-SAF-120-F2 filled out — including when the answer is "criteria not met, no test." The decision is the record.

2.5 Reasonable suspicion — trained eyes only

• Only a supervisor trained under §382.603 can order a DOT reasonable-suspicion test: 60 minutes on alcohol signs + 60 minutes on drug signs, certificate on file.
• The call rests on specific, contemporaneous, articulable observation — appearance, behavior, speech, smell. Today, this shift. Not rumor, not "he seemed off last week," not an anonymous text.
• For alcohol, the observation must be made just before, during, or just after driving, and the same 2-hour/8-hour clock structure (independently set by §382.307) applies.
• The observation goes on NU-SAF-120-F1 within 24 hours, signed.
• The supervisor drives the man to the collection site and then home. He does not drive himself anywhere — see the gate.

FINDING — nobody at Nova holds the §382.603 training today. Until someone does, the reasonable-suspicion leg is paper only on both tracks — §3.3 ties the Company track's reasonable-suspicion testing to the same trained observer, so the gap blocks a lawful DOT-track test and a defensible Company-track test alike. The course is about 2 hours, online, cheap. [Adam: name who trains — recommend the Field Supervisor plus both Crew Leads, so a trained observer is on every site.]

3. THE COMPANY TRACK (everyone else)

Same impairment standard, run under Nova's own authority. Never on a federal form, never called a "DOT test" — mislabeling a company test as DOT is itself a violation.

3.1 Pre-employment

Every field hire tests before Day 1. Wired into the NU-PPL-402 offer pack and the NU-PPL-405 Day 1–2 book: contingent offer, negative result, then boots on ground. [Adam: pick the panel — recommend the same 5-panel DOT uses, so it's one clinic and one process. Also: do office-only hires test? Recommend yes, pre-employment only.]

3.2 Post-incident

Test when impairment could plausibly have contributed to: - an injury beyond first aid (plugs into the NU-SAF-121 aftermath sequence — care and reporting first, test inside the same visit where possible); - a struck utility, equipment damage, or property damage event; - a near-miss serious enough for a stop-work or a same-day report (NU-SAF-100 §4).

Not automatic for every injury. A blanket test-every-scrape rule punishes reporting, and OSHA treats that as retaliation (29 CFR 1904.35). The question on the form is: could impairment have contributed? If yes, test. If a DOT driver's accident missed the §382.303 criteria, this section can still apply — as a company test, marked as one.

3.3 Reasonable suspicion

Same standard as §2.5, same trained observer, same F1 form, same ride to the site and ride home. The training requirement is federal only for the DOT track, but Nova uses one standard: untrained gut feeling orders no test on either track.

4. MARIJUANA (the one everybody asks about)

• Georgia law does not matter on the DOT track. State legality, decriminalization, a medical card — none of it. Federal rule: marijuana is a violation, and the MRO is not permitted to accept medical marijuana as a legitimate explanation. A positive is a positive.
• Nova applies the same rule on both tracks. Zero tolerance per NU-PPL-403, both tracks, all positions.
• CBD is a trap. Products are unregulated and routinely contain THC. DOT's own guidance: the label is not a defense. A man betting his CDL on a gas-station gummy loses the bet.

5. REFUSAL = POSITIVE

All of these are refusals, and every refusal is handled exactly like a verified positive, both tracks (§40.191):

• Doesn't show up at the collection site in a reasonable time, or leaves before it's done
• Can't produce a specimen and has no valid medical reason
• Adulterates, substitutes, or tampers — or admits it
• Refuses an observed collection when one is required
• Won't cooperate with any part of the process
• "I'll go tomorrow" (§2.2)

6. WHAT HAPPENS ON A POSITIVE, A REFUSAL, OR AN 0.04

1. Off safety-sensitive duty immediately — the moment Nova learns, not the end of the shift. DOT drivers: removal is federal law (§382.501), not discretion.
2. He does not drive himself. A supervisor or a ride takes him home. Every time.
3. Consequence runs through NU-PPL-403. The class and points are already written there — cite it, apply it, done. This document adds no second penalty system.
4. DOT track: Nova reports the violation to the FMCSA Clearinghouse (§382.705). Not optional, not quiet.
5. The result, the F-form, and the decision file in the confidential testing file (§9).

7. RETURN TO DUTY

• Whether anyone comes back at all is an Owner decision. Federal rules mandate the process if a driver returns — they do not require Nova to return anyone. [Adam: policy decision — recommend NO second chances for safety-sensitive roles. Rigs, trenches, live lanes, 26k-pound combos: one verified positive or refusal = done, per NU-PPL-403. Write it once here and it is never argued in a truck yard.]
• If the Owner ever does return a DOT driver, the full Part 40 Subpart O process applies, no shortcuts: SAP evaluation → completed treatment/education → negative return-to-duty test (observed) → minimum 6 follow-up tests in 12 months, up to 5 years, per the SAP's plan. Nova pays for none of it. [Adam: confirm — recommend employee pays SAP and follow-up costs if that path ever opens.]

8. THE NEVER-LIST

1. Never drive within 4 hours of drinking. Federal law (§392.5).
2. Never alcohol in a Nova truck. Not riding along, not "unopened."
3. After a qualifying accident — nothing to drink for 8 hours or until tested.
4. Never tip a man off that his random is coming. Random means random; a warning corrupts the pool and buys the warner NU-PPL-403 trouble of his own.
5. Never let a man pulled for testing drive himself — to the site, or home.
6. Never put a selection, a suspicion, or a result on WhatsApp. Testing is phone-call business (NU-GOV-004 covers what the group chat is for — this is not it).
7. Never call a company-authority test a "DOT test" or put it on a federal form.

9. RECORDS & CONFIDENTIALITY

One locked, access-limited confidential testing file — separate from the personnel file, separate from the DQ file (NU-FLT-313). Owner and one office designee only. [Adam: name the designee.]

Company-track (non-DOT) results follow the same 5/2/1-year schedule as a matter of Nova policy, even though §382.401 does not legally require it for non-CDL employees.

Release only with the employee's written consent — except to DOT/FMCSA on audit and the Clearinghouse duties in §2.1/§6. A result mentioned in the group chat, at the yard, or to a GC is a confidentiality breach and earns its own NU-PPL-403 entry.

10. FIELD CARD (Tier 3) — POST-ACCIDENT: DOES THE DRIVER GET TESTED?

Prints laminated for every truck with a CDL seat. This card is the crash-day version of §2.4.

CARE FIRST. People, then traffic, then phones (NU-SAF-119 / NU-SAF-121). Testing never delays help.

1. Did a person die? → TEST. Always. Both. 2. Was someone treated away from the scene? → Ticket to our driver = TEST. No ticket = watch the clock, call the office. 3. Was any vehicle towed away disabled? → Ticket to our driver = TEST. No ticket = watch the clock, call the office.

CLOCKS: Alcohol — go now; 2 hours documented, dead at 8. Drugs — dead at 32 hours. The ticket can come late — stay reachable. DRIVER: nothing to drink for 8 hours or until tested. NO BOX CHECKED? No DOT test — but call the Owner; a company-track test may still apply (§3.2). EITHER WAY: fill out NU-SAF-120-F2 today. "No test required, here's why" is a record too.

11. FORMS (Tier 4 — these are the records the gates name)

NU-SAF-120-F1 — Reasonable Suspicion Observation Record (both tracks; completed within 24 hours) - Employee · observer · observer's §382.603 cert date · date/time/location - Specific observations (check + describe): speech · smell · eyes · balance/coordination · behavior · other - Second observer, if one was available - Decision: test ordered Y/N · DOT or company track · times: observation → notification → collection - Who drove him to the site · who drove him home · signatures

NU-SAF-120-F2 — Post-Accident Test Decision Record (every DOT-combo accident, test or no test) - Accident date/time/location · vehicles · injuries · tow-aways - The three §382.303 criteria, checked Y/N · citation Y/N and time issued - Decision + reason (including "criteria not met — no DOT test") - Clock log: accident time → collection time (or the documented 2/8/32-hour stops) - Result received date · filed by · signature

Both forms live on the trucks and, when the Softr build lands, as required-field records in the app — per the NU-GOV-000 rule: a gate with no record is a suggestion.

12. PROOF, RECORDS & DONE WHEN

A single test event is done when: the result is back, the F-form is complete, the NU-PPL-403 action (if any) is recorded, and everything is in the confidential file.

The program is live — and only then does the gate have teeth — when: 1. USDOT 4221697 reactivated (MCS-150 filed) 2. Consortium picked, contract signed, every CDL driver enrolled in the pool 3. Clearinghouse registration done, queries running 4. At least one supervisor holds the §382.603 certificate 5. Pre-employment testing wired into NU-PPL-402 offers and the NU-PPL-405 Day 1–2 book 6. F1/F2 printed to trucks; the §10 card laminated into CDL trucks

13. WHAT THIS DOCUMENT NEEDS FROM ADAM

1. Pick the consortium/TPA vendor. Pool + MRO + collection sites from one vendor. Nothing in §2 functions without this. [Adam: vendor not picked]
2. Confirm the DOT-track roster. Which combos exceed 26,001 lb GCWR, which drivers hold CDLs. This list defines who §2 applies to. [Adam: with NU-FLT-313 fact-finding]
3. Reactivate USDOT 4221697 — file the MCS-150. [Adam: open office task since 8/1/26]
4. Register in the FMCSA Clearinghouse and name who runs queries and files reports.
5. Name who takes the §382.603 training. Recommend Field Supervisor + both Crew Leads.
6. The return-to-duty policy call. Recommend no second chances for safety-sensitive roles (§7) — decide it once, in writing, before the first positive forces the decision under pressure.
7. Company-track details: panel (recommend matching the DOT 5-panel), collection site, whether office-only staff test, who pays (recommend Nova pays for all tests and the time).
8. GA Drug-Free Workplace certification (O.C.G.A. §34-9-410): a certified program earns a 7.5% workers' comp premium credit. It carries its own posting, education, and testing requirements — most of which this document already builds. [Adam: decide whether to certify; worth a call to Kristin at Powell & Meadows on the premium math.]
9. Name the office designee with access to the confidential testing file (§9).

NU-SAF-120 · Rev DRAFT · Nova Underground · Parent: NU-SAF-100 §5 element 16 · Register: NU-GOV-000 · Uncontrolled when printed.