Section 1032.1 Of Article 2. Passenger Stage Corporations From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 5. >> Article 2.
1032.1
. (a) The commission shall not issue or transfer a
certificate of public convenience and necessity pursuant to this
article unless the applicant provides for a mandatory controlled
substance and alcohol testing certification program as adopted by the
commission.
(b) The commission, after considering any suggestions made by the
Department of the California Highway Patrol, shall adopt a program
that includes, but need not be limited to, all of the following
requirements:
(1) Drivers shall test negative for each of the controlled
substances specified in Part 40 (commencing with Section 40.1) of
Title 49 of the Code of Federal Regulations, before employment.
Drivers shall test negative for these controlled substances and for
alcohol at such other times as the commission, after consulting the
Department of the California Highway Patrol, shall designate. As used
in this section, a negative test for alcohol means an alcohol
screening test showing a breath alcohol concentration of less than
0.02 percent.
(2) Procedures shall be substantially as in Part 40 (commencing
with Section 40.1) of Title 49 of the Code of Federal Regulations,
except that the driver shall show a valid California driver's license
at the time and place of testing, and except as provided otherwise
in this section. Requirements for rehabilitation and for
return-to-duty and followup testing, and other requirements except as
provided otherwise in this section, shall be substantially as in
Part 382 (commencing with Section 382.101) of Title 49 of the Code of
Federal Regulations.
(3) A test for one applicant shall be accepted as meeting the same
requirement for any other applicant. Any negative test result shall
be accepted for one year as meeting any requirement for periodic
testing for that applicant or any other applicant, if the driver has
not tested positive subsequent to a negative result. However, an
earlier negative result shall not be accepted as meeting the
pre-employment testing requirement for any subsequent employment, or
any testing requirements under the program other than periodic
testing.
(4) In the case of an applicant who is also a driver, test results
shall be reported directly to the commission. In all other cases,
results shall be reported directly to the applicant.
(5) All test results are confidential and shall not be released
without the consent of the driver, except as authorized or required
by law.
(6) Applicants shall be responsible for compliance with, and shall
pay all costs of, this program with respect to their employees and
potential employees, except that an applicant may require employees
who test positive to pay the costs of rehabilitation and of
return-to-duty and followup testing.
(7) The requirements of the program do not apply to any driver
required to comply with the controlled substance and alcohol use and
testing requirements of Part 382 (commencing with Section 382.101) of
Title 49 of the Code of Federal Regulations, or Section 34520 of the
Vehicle Code, or to any driver exempted from the provisions of that
section.
(c) No evidence derived from a positive test result pursuant to
the program shall be admissible in a criminal prosecution concerning
unlawful possession, sale, or distribution of controlled substances.
(d) On the request of an applicant, the commission shall give the
applicant a list of consortia certified pursuant to Part 382
(commencing with Section 382.101) of Title 49 of the Code of Federal
Regulations that the commission knows offer tests in California.
(e) The commission shall conduct random and for-cause inspections
of applicants' documents supporting compliance with the program.
(f) For purposes of this section, "employment" includes
self-employment as an independent driver.