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COMPANY FILE RECORDS

COMPANY COMPLIANCE
INFORMATION. GUIDELINES. FORMS

All New Entry Transportation Companies will be required to undergo a SAFETY AUDIT.
This package will cover the basics and include the forms necessary to present at that time.

● Policy and Procedures ( Controlled Substance and Hours of Service) . PRINT and have
each NEW driver sign form stating they received the COMPANY POLICY. Place signed
form in DRIVER FILE.
● Consortium Information
● Driver File (Seperate File)
● Master Lists for Company Equipment and Drivers
● Maintenance File
● Copy of Annual Vehicle Inspection/Trailer Inspection
● Total Miles Traveled in the last 365 Days ( Use IFTA/IRP reports) (ELOG RECORDS)
● MCS-90 Copy of Insurance Verification
● Reasonable Suspicion Supervisor Training (RSST) REQUIRED if CDL: ADVISED for
NON-CDL
● Lease Agreements (If EQUIPMENT is NOT in the COMPANY NAME, you need to have a
LEASE AGREEMENT in your file and a copy carried in the truck.
ATTENTION: Even if you, THE OWNER, are the only DRIVER you MUST maintain a DRIVER
QUALIFICATION file on yourself.

CLEARINGHOUSE/RANDOM CONSORTIUM ARE REQUIRED FOR CDL COMPANIES.


NON-CDL COMPANIES ARE EXEMPT FROM THIS REQUIREMENT..

ADDITIONAL RESOURCES:

FMCSA WEBSITE: ​http://www.fmcsa.dot.gov/

IMPROVING HIGHWAY SAFETY:


https//​www.fmcsa.gov/safety/carrier-safety/motor-carriers-guide-improving-highway-safety

DRIVER MEDICAL CERTIFICATE:


https://nationalregistry.fmcsa.dot.NRPublicUI/drivers.seam

DRUG and ALCOHOL TESTING for EMPLOYERS:


https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/overview-drug-and-alcohol-rules-employers

DRUG AND ALCOHOL RULES-FAQs:


https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/drug-and-alcohol-faqs

DRUG and ALCOHOL CLEARINGHOUSE CONSORTIUM:


https://www.clearinghouse.fmcsa.dot.gov/learn

DRUG and ALCOHOL CLEARINGHOUSE CONSORTIUM: ​https://www.fmcsa.dot.gov

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COMPANY FILE RECORDS

HARHMANII TRANSPORT LLC


1317 EDGEWATER DR
SUITE 1400
ORLANDO, FL 32804
HIRING STANDARDS, DOCUMENTS NEEDED FOR POSITION APPLIED FOR
1. COMPLETED APPLICATION
2. COPY MEDICAL CARD
3. COPY OF DRIVER'S LICENSE

EXPERIENCE
Generally requires a minimum of 2 years tractor/trailer driving experience, having occurred within the
last 2 years. Along with coupling of tractor/trailer.
HOWEVER, exceptions may be made.
If the applicant is coming from an accredited truck driving school in lieu of the above qualifications, he/she
may be required to have ‘over-the-road” experience. Applicant must have a copy of the driving school
certificate for consideration. Right reserved to allow or disallow based on experience or references as
applicable.
QUALIFICATIONS
● MUST BE 21 YEARS OF AGE, MINIMUM.
● Must have a current, valid driver's license in class applying for, from state of current residence.
● Must maintain any endorsements required for the position applied for.
● Must pass DOT physical and controlled substance screening.
● Must have a MVR (MOTOR VEHICLE RECORD)with 3 or less moving violations in the last 24
months (2 years).
● Must meet all applicable FMCSR 391.11 Driver Qualifications.

POTENTIAL DISQUALIFICATIONS
● Felony convictions or violent offenses within the last 10 years. Each case will be reviewed on a
case by case basis, right to request criminal history/court documents. Reserved right to review
from time to time as customer base or freight profile changes.
● Pending actions; including any current probation or deferred adjudication program will be
reviewed.
● Conviction of any controlled substance or alcohol offenses within the last 3 years. Must supply all
documents pertaining to any suspected or reported conviction and/or prior positive test results.
Must provide proof of completed treatment program and RETURN to DUTY TEST required; as
well as any other applicable regulations per FMCSA rulings.

● No more than 3 moving violations/accidents within the last 2 years; subject to review to determine
if violations disqualify the driver from being eligible for hire.
● Convictions for reckless driving, 15 over speed limit, erratic lane change, prior rear end accident;
will be reviewed on a case by case basis to determine eligibility.
● Drivers may be asked to provide more information, submit to further background checks for
clarification before being determined eligible for hire.
● A ‘conditional’ Full-time, Part-time or Seasonal job off or Contractor status may be made if
deemed appropriate at this time.Once all background checks, controlled substance
andDOTphysical( current DOT med card is acceptable) and all other hiring criteria meet the driver
will be considered eligible for hire.

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COMPANY FILE RECORDS

BUSINESS ROLES AND RESPONSIBILITIES

H D E N S
O
O R Q E A
U
U U W F W
G I E
R /A P D T N
S L M R Y
C E I E
O O N V M R
F H T E A
O R N
L M A
S A O G
E P I R E
R R N I M
V O T E E
I G I N N
C R A T T
A N A
E M C T

NAME TITLE E I
O
N

NOTE: It is possible for one individual to be responsible for multiple programs/areas.

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COMPANY FILE RECORDS

SAFETY MEETING ROSTER

DATE______/______/_______ PRESENTER(S)________________________________

________________________________

MEETING TOPIC(S)__________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

ATTENDEES

PRINT NAME ​ SIGNATURE

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COMPANY FILE RECORDS

DRIVER NOTICE OF VIOLATION

49 CFR 393.31 (B) STATES That each person who operates a commercial motor vehicle. Who
holds a commercial driver license. Who is convicted of violating (IN ANY TYPE OF MOTOR
VEHICLE) a State or Local law related to a MOVING violation (not parking violation) shall notify
his/her current employer of such conviction. The notification must be made within 30 days of
conviction of violation.

PLEASE COMPLETE THIS FORM AND RETURN IT TO THE SAFETY DEPARTMENT WITH A COPY OF THE TICKET

DATE OF CITATION

DRIVERS FULL NAME

DRIVERS LICENSE NUMBER

LOCATION OF OFFENSE

WHAT OFFENSE WERE YOU CITED FOR

Was your license or any driving privileges suspended, revoked or canceled as a result of this
conviction? YES ⬜ NO ⬜

Did the violation occur in a Commercial Motor Vehicle (CMV). YES ⬜ NO ⬜

DRIVERS SIGNATURE____________________________________________________________

DATE_____/_____/_________

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COMPANY FILE RECORDS

DRIVER MASTER LIST


HIRE LICENSE # LICENSE


DATE OF TERM
​ DRIVER NAME STATE (END)
DATE BIRTH
DATE

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COMPANY FILE RECORDS

EMPLOYMENT RECORD MEMORANDUM

DRIVER INFORMATION

DRIVER NAME HIRE DATE

EMPLOYEE ID/SSN TERMINATION


DATE

TYPE OF MEMO (​PLEASE SELECT​)

PERFORMANCE​ ⬜ SAFETY ⬜ CONDUCT ⬜ ATTENDANCE ⬜ TERMINATION ⬜

OTHER ⬜ PLEASE DESCRIBE:

COUNSELING COMMENTS

DRIVER STATEMENT

DRIVER SIGNATURE______________________________________________DATE____/____/______

SUPERVISOR SIGNATURE_________________________________________DATE____/____/______

CONFIDENTIAL

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COMPANY FILE RECORDS

ANNUAL DRIVER’S CERTIFICATION OF VIOLATIONS


MOTOR CARRIER INSTRUCTIONS: Each motor carrier must at least once every 12 months,
require each driver to prepare a list of all violations of motor vehicle traffic laws and ordinances
(other than parking violations) of which the driver has been convicted or of which he/she has
forfeited bond or collateral during the preceding 12 months (49 CFR 391.27). Drivers who have
provided information required by 49 CFR 383.31 need not repeat that information on this form.
(PAGE 5 FORM)

DRIVER REQUIREMENTS: Each driver will fill out and certify as required by the motor carrier and
by 49 CFR 391.27.

COMPLETED BY DRIVER- CERTIFICATION OF VIOLATION(S)

DRIVER NAME: LAST, FIRST, MI SOCIAL SECURITY NUMBER DATE OF


EMPLOYMENT

HOME TERMINAL (CITY AND STATE) DRIVERS LICENSE NUMBER STATE EXPIRATION DATE

I certify that the following is a true and complete list of traffic violations required to be listed (other than those I have
provided under 49 CFR 383) for which I have been convicted or forfeited bond or collateral during the last 12 months.

⬜ Check this box if you have had NO VIOLATIONS in the last 12 months.

DATE OFFENSE LOCATION TYPE OF VEHICLE


OPERATED

If no violations are listed above, I certify that I have not been convicted or forfeited bond or
collateral on account of any violation required to be listed during the past 12 months.

DRIVER’S SIGNATURE____________________________________________DATE____/____/______

HARHMANII TRANSPORT LLC 1317 EDGEWATER DR SUITE 1400


ORLANDO, FL 32804

REVIEWER PRINTED NAME____________________________________________________

REVIEWER SIGNATURE_______________________________________________________

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COMPANY FILE RECORDS

REVIEWER TITLE______________________________ DATE_____/_____/________

DOT ACCIDENT REGISTER

FROM: _____/_____/________ TO: _____/_____/_________

DATE TIME LOCATION OF ST N​UMBER NUMBER OF NUMBER OF H/M DRIVER POLICE


REPORT
OF INJURIES VEHICLES RELEASE
ACCIDENT TOWED Y/N NAME RECEIVED
FATALITIES Y/N

● IF A FATALITY IS RECORDED DRUG & ALCOHOL TESTING REQUIRED


****IMMEDIATELY AT NEAREST CERTIFIED TESTING LOCATION****

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COMPANY FILE RECORDS

● IF DRIVER IS CITED (TICKET ISSUED) DOT POST ACCIDENT DRUG & ALCOHOL
TESTING REQUIRED.

MAINTENANCE PROGRAM

Every company is expected to maintain a file for each piece of equipment whether the equipment
is operational or not, or temporarily out of service for maintenance.

DOCUMENTS NEEDED:
● Copies of repair receipts
● Copies of replacement parts receipts.
● DVIRs ( Driver Vehicle Inspection Reports)
● Receipts for any work performed in house or subcontracted
● Copies of annual/periodic Inspection
● Copies of roadside Inspections (No violation & reported Violations)
● Copies of any documents signed and submitted to various agencies about roadside
inspection violations.
● Copies of any accident reports if this vehicle was involved in an accident. (The original
accident report should be placed in the accident file report.
● Copies of any incident reports if this piece of equipment was involved in any incident.
● Copies of equipment required documents (Example: Copy of K Test on a tanker)
● Any document pertaining to this piece of equipment. (Example: Copy of Lease or Title)

Forms are in the following section to set up maintenance schedules.

By implementing a Pre-Trip Inspection Policy you are effectively communicating your expectation
to all your drivers.

PMs ( Preventative Maintenance ) Is your best practice to keep your equipment running at its best
performance while keeping it in peak condition for all roadside inspections.

Breakdowns Out of your area can be costly. Failed ( Out-of-Service) Inspection can not only cost
downtime but will be reported on your company's profile. Viewable at​ safer.fmcsa.dot.gov

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COMPANY FILE RECORDS

MAINTENANCE PROGRAM

FMCSA requires that you establish and manage a process for maintaining your
equipment, recordkeeping and equipment identification.

ROLES and RESPONSIBILITIES:

ROLE RESPONSIBLE PERSON


Overseeing Process that ensures Annual Inspections are
performed

Ensuring that Periodic/Monthly Inspections are performed

Technician Responsible for performing Annual


Inspections

**​NOTE: An Inspector Qualification Form must be completed for all technicians. Or hire a Certified
Technician from a Certified Shop.

DRIVER RESPONSIBILITIES: ​All drivers are responsible for knowing the mechanical
condition of their unit (vehicle) and for operating it in a correct, efficient, safe manner.

CARRIER MANAGEMENT:
The following management decisions should be taken into consideration and communicated to
your drivers:

1. Are you using an established FORM for Submitting repair/Replacement requests?


YES ⬜ NO ⬜

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COMPANY FILE RECORDS

EQUIPMENT INVENTORY MASTER

POWER UNIT (TRUCK) MASTER


UNIT # YEAR MAKE COLOR VIN # TAG # TIRE SIZE ANNUAL
INSPECTION DUE
DATE

TRAILER MASTER
UNIT # YEAR MAKE TYPE VIN # TAG # TIRE K-TEST ANNUAL
DUE INSPECTION
SIZE DUE DATE
DATE

ELD MASTER
MAKE SERIAL NUMBER ​ MODEL

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COMPANY FILE RECORDS

INSPECTION & MAINTENANCE

OVERVIEW:
Under 396.19 Motor Carriers are responsible for ensuring that individual(s) performing an annual
inspection are QUALIFIED to perform the Annual Inspection.
Qualifications form, Sample of Annual Inspection follows.

FMCSA can/is requiring this form more often at AUDIT to confirm a QUALIFIED technician
performed the Annual Inspection.

Even if the state requires Annual Inspection be sure to Have the FEDERAL ANNUAL INSPECTION
REPORT completed and a copy on file.

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COMPANY FILE RECORDS

SAMPLE ONLY

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COMPANY FILE RECORDS

INSPECTOR QUALIFICATIONS

CERTIFICATION-49 CFR-PART 396.19


Motor Carriers are responsible for ensuring that individual(s) performing an Annual Inspection
under 396.19 are Qualified as follows:
⬜ Understands the inspection criteria set forth in PART 393 and APPENDIX G and can identify
defective components.
⬜ Is knowledgeable of and has mastered the methods, procedures, tools and equipment used
when performing an inspection.
⬜ Is capable of performing an inspection by reason of experience, training or both; and
qualifies in one of the following categories (check all that apply).

1. ☐ Successfully complete a State or Federal training program or has a Certificate from a State of
Canadian Province which Qualifies the person to perform commercial vehicle safety inspections.
SPECIFY:_________________________________________________

---------------------------------------------------------------------OR-------------------------------------------------------------
2. ☐ Have a combination of training or experience totaling at least one (1) year as follows
(Check all that apply)
⬜ participation in a truck manufacturer sponsored training program or similar commercial
training program designed to train students in truck operation and maintenance.
LIST LOCATION AND DATES:
LOCATION_______________________________________DATES____/____/______

⬜________Years experience as a mechanic or inspector in a motor carrier maintenance


program.
LIST NAME AND DATES:
NAME___________________________________________DATES____/____/______

⬜ _______Years experience as a mechanic or inspector in a truck maintenance at


a commercial garage, fleet leasing or similar facility.
FACILITY NAME AND DATES:
FACILITY________________________________________DATES____/____/_______

⬜ ________Years experience as a commercial vehicle for a State, Provincial or


federal Government.
WHERE AND DATES:
WHERE_________________________________________DATES ____/____/_______

I certify the above information is true and accurate to the best of my knowledge.

SIGNATURE OF MECHANIC/INSPECTOR DATE

SIGNATURE OF EMPLOYER/SUPERVISOR DATE

EVIDENCE OF INSPECTOR QUALIFICATIONS ARE ON FILE


AT:___________________________________________________

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COMPANY FILE RECORDS

INSPECTION & MAINTENANCE SCHEDULE

MOTOR CARRIER:

COMPANY NAME DOT#

DATE UNIT # MAINTENANCE OR INSPECTION TYPE


SCHEDULED

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COMPANY FILE RECORDS

VEHICLE INSPECTION, REPAIR AND MAINTENANCE RECORD


INSPECTION, REPAIR, MAINTENANCE INFORMATION

MAKE VIN #

YEAR UNIT # TIRE SIZE

COMPANY OWNER (IF


NAME LEASED)

⬜ TRUCK ⬜TRAILER

I R M DATE MILEAGE RECORD DETAILS COST NEXT


SERVICE
DUE

I=INSPECTION R=REPAIR M=MAINTENANCE

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COMPANY FILE RECORDS

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COMPANY FILE RECORDS

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COMPANY FILE RECORDS

HOURS OF SERVICE POLICY AND PROCEDURES

Any driver operating a CMV (commercial motor vehicle) for ​HARHMANII TRANSPORT LLC ​must
comply with all HOS (hours of service) rules found in 49 CFR Part 395. In addition all
drivers must;
● Retain necessary documentation to support the Record of Duty status (RODs) such as fuel
receipts, meal receipts, bills of lading, carrier pro forma invoices or waybills, credit and debit card
receipts, customs declarations, delivery receipts, dispatch and assignment records, expense
vouchers, freight bills, fuel billing statements, toll receipts, weight scale tickets and similar
supporting documents where location, time, date information are pre-printed or available on
record.
ELD LOGGING DEVICES (ELD)
● Follow all guidelines as established for permissible use of ELDs and keep the equipment in
working order for both daily logging operations as well as availability to law enforcement upon
request.
● No driver may disable, deactivate, disengage, jam or otherwise block or degrade a signal
transmission or reception of an ELD.
● No driver may reengineer, reprogram or otherwise tamper with an ELD so that the device does
not accurately record and retain data.
● No driver may permit or require another person to tamper with an ELD.

ELD MALFUNCTIONS AND DATA DIAGNOSTIC EVENTS


● Recording keeping during an ELD malfunction. In case of an ELD malfunction a driver must do
the following.
A. Note the malfunction of the ELD and provide written notice of the malfunction to
HARHMANII TRANSPORT LLC
B. Reconstruct the Record of Duty status (RODS) for the current 24 hour period and the
previous 7 consecutive days. Record the Record of Duty status (RODS) on graph-grid
paper logs that comply with 395.8 unless the driver already possesses a record or the
records are retrievable from the ELD device.
C. Continue to manually prepare a Record of Duty status (RODS) in accordance with 395.8
until the ELD is serviced and repaired or replaced to be brought back into compliance.
● Inspections during malfunctions. When a driver is inspected for Hours of Service (HOS)
compliance during an ELD malfunction the driver must provide the authorized safety offical the
driver's Record of Duty status (RODS) manually kept as specified under paragraphs 1.a. And 1.b.
Of this section.
● Driver requirements during ELD data diagnostic events. If an ELD indicates that there is a data
inconsistency that generates a data diagnostics event, the driver must immediately contact
HARHMANII TRANSPORT LLC 1317​ and follow the recommendations in resolving the data
inconsistency.

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COMPANY FILE RECORDS

DISCIPLINARY REVIEW

Driver understands that it is first and foremost a driver's responsibility to both accurately maintain
his/her LOGS/RODs (Record of Duty status) according to all applicable laws. Under no
​ ARHMANII TRANSPORT LLC ​forced him/her to
circumstances is it permissible for a driver to claim that H
violate the applicable Hours of Service (HOS) or to claim that he/she did not know the applicable
regulations. If the Driver believes that H​ ARHMANII TRANSPORT LLC ​ has asked him/her to exceed or
otherwise violate applicable Hours of Service rules (HOS), the Driver must make a written
complaint within 5 days of the drivers understanding that such a violation may have occurred
outlining the issues and requesting assistance in correcting the issue going forward. If the Driver
needs assistance learning or complying with the Hours of Service rules (HOS) rules the Driver
must request such assistance before operating a CMV or as soon as is practical after learning of
an issue needing further education or clarification.

RECEIPT of ​HARHMANII TRANSPORT LLC ​HOURS of SERVICE POLICY

DRIVER NAME____________________________________________________

I, ______________________________________________________, have received a copy of ​HARHMANII


TRANSPORT LLC ​ Hours of Service Policies and Procedures.

DRIVER/ASSOCIATE
SIGNATURE_____________________________________________DATE____/____/______

RECIEVED by SIGNATURE___________________________________________ TITLE______________________

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COMPANY FILE RECORDS

DRIVERS TIME RECORD

DRIVERS NAME___________________________________ MONTH________YEAR______

DRIVERS MAY PREPARE THIS REPORT INSTEAD OF “DRIVERS DAILY LOG” IF THE INTERMITTENT DRIVERS (​PART-TIME​)
FOLLOWING APPLIES:
SHALL COMPLETE THIS FORM FOR 7 DAYS PRECEDING
OPERATES WITHIN 100 AIR-MILE RADIUS FOR CDL or 150 MILE RADIUS FOR NON-CDL
ANY DAY DRIVING IS PERFORMED.
DRIVERS.
THIS INCLUDES THE PRECEDING MONTH.
RETURNS TO HEADQUARTERS AND IS RELEASED FROM WORK WITHIN 12
CONSECUTIVE HOURS.

AT LEAST 8 CONSECUTIVE HOURS OFF DUTY SEPARATE EACH 12 HOURS OF DUTY.

DATE START TIME END TIME TOTAL DRIVING TRUCK HEADQUARTERS


“OFF DUTY​” HOURS HOURS NUMBER (HOME OFFICE)
“ON DUTY”

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COMPANY FILE RECORDS

DRUG AND ALCOHOL CONSORTIUM

WHO IS REQUIRED TO BE PART OF A CONSORTIUM


​If you do ​NOT​ hold a CDL this​ IS NOT ​ a requirement for you, you may decide to join one if you choose
to. Do not purchase any programs you do not need based on all the letters and emails you receive.
FMCSA has very clear guidelines on all necessary permits and programs.
FMCSA drug and alcohol testing guidelines 382.103.

CDL holders are held to a higher accountability standard. CDL holders are required to be “Eligible for
random drug/alcohol testing”. This includes all full time, part-time, intermittent, backup and international
drivers. Companies with 100+ drivers have enough to establish their own Random Pool to meet
calculations established by FMCSA. Smaller companies must join a Random Consortium to be able to
meet those established Random Calculations so it is in fact Random.

Choose your Consortium wisely.


Employers/Motor Carriers can be held responsible for service agent errors, including C/TPA and resulting
civil penalties.

Joining a Consortium
The term consortium is defined by the FMCSA as including, but not limited to, a group of employers who
join together to administer drug and alcohol testing programs.

***PLEASE NOTE***
● All Commercial Drivers are required to obtain a DOT pre-employment drug screen before you can
begin operating.
● The Pre-employment drug screen and random consortium enrollment are both critical violations
at audit is not in place.

REASONABLE SUSPICION SUPERVISOR TRAINING (RSST)


WHO NEEDS THIS?
​RSST ​Is ONLY required for associates who supervise Commercial Motor Vehicle Drivers.

PENALTIES
​It is a ​CRITICAL VIOLATION​ for any associate in a supervisor role to​ NOT​ have this
training.

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COMPANY FILE RECORDS

CONTROLLED SUBSTANCE POLICY AND PROCEDURE

COMPANY HARHMANII TRANSPORT LLC 1317

ADMIN NAME

LOCATION

PHONE

The following Policies and Procedures follow​ DOT​ and ​FMCSA​ regulations found in​ 49 CFR Parts 40
and 382.
If you have any questions about this policy please contact the company representative listed
above.

Controlled substance testing includes, but may not be limited to the following substances: Marijuana,
Opiates, Amphetamines, Methamphetamines, Cocaine, Heroin, Phencyclidine, MDMA/Ecstasy. Many
types of Prescription Medications are Prohibited substances. Please check with your company
representative for information/guidance if you are prescribed any medication which may be prohibited.
All DOT/FMCSA controlled substance/alcohol testing and documentation, questionnaires are Private and
Confidential and will be maintained in such a manner to protect your rights.

The definition of driver Safety Sensitive Function is found in​ 49 CFR 382.107. ​For ease of​ ​understanding​,
HARHMANII TRANSPORT LLC ​considers all drivers Safety Sensitive Function Workday to begin ONE HOUR
prior to beginning the workday.

Safety Sensitive Functions shall Include:


1. All times at an employer, shipper, terminal, plant, facility, other public or private property waiting
to be dispatched; unless the driver has been relieved from duty by his/her employer.
2. All times the equipment is being inspected as required by ​49 CFR Sections 392.7 and 392.8.
3. All time spent at the driving controls of a Commercial Motor Vehicle in operation.
4. All times other than sleeper berth ( sleeper berth requirements found at​ 49 CFR Section 393.76​.
5. All times loading or unloading, supervising or assisting in loading or unloading, attending vehicle
being loaded or unloaded, remaining in readiness to operate the vehicle or receiving receipts
(BOLs) (LUMPER) (OTHER) relating to shipments loaded or unloaded.
6. All times repairing, obtaining assistance or remaining in attendance upon a disabled vehicle.

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COMPANY FILE RECORDS

CONTROLLED SUBSTANCE POLICY AND PROCEDURE

PROHIBITED CONDUCT:

Prohibited Driver Conduct is found at​ 49 CFR Part 382 Subpart B (table 1) and includes the following;
TABLE 1

382.201 ​No Driver shall report for duty requiring the performance of a Safety Sensitive Function with alcohol concentration o​f 0.04 or greater​.

382.205 ​No Driver shall use alcohol while performing a safety sensitive function.

382.207 ​No Driver required to take a post-accident alcohol test under​ 49 CFR 382.209​ shall use alcohol for up to​ 8 HOURS​ following the accident.

382.211 ​No Driver shall refuse to submit any required alcohol or controlled substance test.

382.213 ​No Driver shall report for duty requiring the performance of a safety sensitive function when the driver uses a controlled substance; except
when the use is pursuant to the instructions of a licensed medical practitioner as defined in ​49 CFR 382.107​. This must not interfere with the
drivers ability to perform a Safety Sensitive Function.

382.215 ​No Driver shall report for duty or remain on duty requiring the performance of a Safety Sensitive Function if the driver tests positive for a
controlled substance.

Next table are circumstances which prompt driver testing as found in 49 CFR 382 Subpart C (table 2)
TABLE 2

382.301 382.307 Reasonable Suspicion testing


Pre-employment testing

382.303 Post-accident testing 382.309 Return to Duty testing

382.305 Random testing per prevailing rate as required by U.S. DOT 382.311 Follow-up testing

The Federal Motor Carrier Safety Regulations ​specify that when a driver is involved in an accident
he/she must submit to post-accident drug and alcohol testing as soon as reasonably possible;
Whenever there is a human fatality or Driver is issued a citation by law enforcement, there is bodily injury
or a person requiring immediate medical treatment away from the scene of the accident or there is
disabling damage to a motor vehicle involved requiring a tow from the scene.​ (49 CFR Part 382.303​). You
must contact your employer or designated company representative as soon as is reasonably possible
after the accident if you have questions about whether post-accident testing is required. Drivers required
by a scene commander or legal authority at the accident scene to undergo post-accident must comply
regardless of the above definitions. Failure to do so constitutes a refusal to test. Where not otherwise
commanded by law enforcement Your company representative will require said driver to submit to
post-accident screening as required by ​49 CFR Part 382.303.

Refusal to submit to required controlled substance or alcohol testing is in direct violation of the
Federal Motor Carrier Safety Regulations and the Policy set forth by ​HARHMANII TRANSPORT LLC ​. No
excuse is acceptable when instructed to report for or submit to testing. Failure to be available for
testing will be construed as a refusal to test. In accordance with Federal Motor carrier Safety
Regulations a refusal to test is equivalent to a positive test result.

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COMPANY FILE RECORDS

CONTROLLED SUBSTANCE POLICY AND PROCEDURE

TABLE 3
To refuse to submit to an alcohol or controlled substances test means that a driver:

1. Fails to appear for any test (except a Pre-Employment test) within a reasonable time as determined by the
employer consistent with applicable DOT agency regulations after being directed to do so by the employer.
This includes the failure of an employee (including an owner operator) to appear for a test when called by a
C/TPA.

2. Fails to remain at the testing site until the testing proceeds are complete. Provided that an employee who
leaves the testing site before the testing process commences on a pre-employment test is not deemed to
have refused to test.

3. Fails to provide a urine specimen for any drug test required by this part of DOT regulations. Provided that an
employee who does not provide a urine specimen because he/she has left the testing site before the testing
process commences on a pre-employment test is not deemed to have refused to test.

4. In the case of a directly observed or monitored collection in a drug test, he/she fails to permit the observation
or monitoring of the driver’s provision of a specimen.

5. Fails to provide a sufficient amount of urine specimen when directed and it has been determined that there
was no adequate medical explanation for the failure.

6. Fails or declines to take a second test the employer or collector has directed the driver to take.

7. Fails to undergo a medical examination or evaluation as directed by the MRO as part of the verification
process or as directed by the DER under 49 CFR 40.193(d). In the case of a pre-employment drug test, the
employee is deemed to have refused to test on the basis only is the pre-employment test is conducted
following a contingent offer of employment.

8. Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the
collector, behave in a confrontational way that disrupts the collection process.

9. Is reported by the MRO as having a verified adultered or substituted test result.

NOTE:​ In reference to Item ! for the FMCSA: “IMMEDIATE” means that the employer shall ensure the driver ceases
to perform the safety sensitive function and proceeds to the testing site as soon as possible.

The consequences for violators of Subpart B are incorporated and found in 49 CFR Part 382 Subpart E.

TABLE 4
All CDL Drivers will be removed from safety sensitive positions.

The driver must see a Substance Abuse Professional to ever drive again, anywhere.

The driver must take a Return to Duty test with a Negative result and/or a alcohol test with results below 0.
04

HARHMANII TRANSPORT LLC 26


COMPANY FILE RECORDS

CONTROLLED SUBSTANCE POLICY AND PROCEDURE

You can find a list of substance abuse professionals at the following website URL:
http://www.naadac.org/sap-directory?locsearch=22314&loccountry=US&locdistance=25&sortdir=d
istance-asc

Search and Seizure:

HARHMANII TRANSPORT LLC ​has the right to conduct an on the spot search and inspection of personnel on
company property; their personal property and effects, to include; but not limited to; lockers, baggage,
offices, desks, tool boxes, clothing, personal storage containers, medicine containers and vehicles to
determine if such personnel may be using, possessing, selling, distributing, concealing, manufacturing,
dispensing or transporting any controlled substance.

In the event a driver presents signs of being under the influence of a controlled substance or alcohol
he/she will be taken to a DOT collection site for testing. Reasonable suspicion screening will be
conducted when signs of being under the influence are personally observed and can be reasonably
articulated as to what behaviors are being observed. This is known as a “Contemporaneous and
Articulable'' policy. Documentation must be completed by ​HARHMANII TRANSPORT LLC 1317
As a witness report. At least one witness to the behaviors presented must be a trained supervisor (RSST)

A positive controlled substance or alcohol test will result in immediate removal from all safety sensitive
functions. The driver will receive referral information to qualified substance abuse professionals in their
​ ARHMANII TRANSPORT LLC ​Reserves the right to discipline or immediately terminate the
domiciled area. H
employment or contract or contract of any driver following a positive drug or alcohol test.

HARHMANII TRANSPORT LLC 27


COMPANY FILE RECORDS

CONTROLLED SUBSTANCE POLICY AND PROCEDURE

INTERVENING WHEN DRUG OR ALCOHOL PROBLEM IS SUSPECTED

HARHMANII TRANSPORT LLC ​requests that any signs or symptoms of drug or alcohol abuse be reported to
the representative noted in our business Roles and Responsibilities.

Schedules of controlled substance policy

_____________________________________________
APPROVED BY:

RECEIPT OF ​HARHMANII TRANSPORT LLC


Controlled Substance Policies/Procedures

Driver/Associate Name:______________________________________________________

I, _____________________________________________________, have received a copy of ​HARHMANII


TRANSPORT LLC ​ Controlled Substance Policies and Procedures.

I understand Controlled Substance testing is initiated under the following circumstances; Pre-employment
Testing at the onset of employment, Random Testing as selected by a third-party administrator,
Post-Accident Testing per FMCSA guidelines or Reasonable Suspicion Testing 382.303

_________________________________________________ _____/_____/________
DRIVER NAME DATE

_____________________________________________________________
RECEIVED BY SIGNATURE

HARHMANII TRANSPORT LLC 28

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