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The Federal Motor Carrier Safety Administration promulgated rules to change the driver background check verifications required in 49 CFR Part 391 effective October 30, 2004. Under the new requirements Flowerwood Management Inc (d/b/a/ Flowerwood Trucking) is required to contact your previous employers for three (3) years previous to the date of your application for employment to verify certain specific safety information and records.

The information we will be requesting will include personal work history, accident involvement history, and the drug and alcohol testing history that they have on record. We will be reviewing information related to the time you were employed with each previous employer, and any information compiled by them as they performed Driver Safety Performance History checks as well.

As an applicant for a driving position, you have certain specific rights relating to the information that Flowerwood Management Inc (d/b/a/ Flowerwood Trucking) receives from your previous employer. These rights include:

1. The right to review the information provided to Flowerwood Management Inc (d/b/a/ Flowerwood Trucking) by your previous employers, whether you listed the employers specifically on your application for employment or not.

2. The right to have any errors in the information provided to Flowerwood Management Inc (d/b/a/ Flowerwood Trucking) corrected by a previous employer and to request that they submit corrected information.

3. The right to have a rebuttal statement attached to alleged erroneous information in such instance that you are not in agreement with the information provided to Flowerwood Management Inc (d/b/a/ Flowerwood Trucking) by a previous employer.

4. The right to review the information within provided to Flowerwood Management Inc (d/b/a/ Flowerwood Trucking) within 30 days of employment (or within 30 days from the date that employment is denied based on information received) Flowerwood Management Inc (d/b/a/Flowerwood Trucking) will provide such information to you upon receipt of your written request within five (5) business days.

I certify that I am a driver applicant and that I have read and understand my rights as prescribed by 49 CFR Part 391.

DRIVER CERTIFICATION: I certify that I have read and understood the above requirements.

INSTRUCTIONS: Motor carriers when using a driver for the first time shall obtain from the driver a signed statement giving the total time on-duty during the immediately preceding 7 days and time at which such driver was last relieved from duty prior to beginning work for such carrier. Rule 395.8 (J) (2) Federal Motor Carrier Safety Regulations, NOTE: Hours for any compensated work during the preceding 7 days, including work for a non-motor carrier entity, must be recorded on this form.

DRIVER CERTIFICATION FOR OTHER COMPENSATED WORK

Drug and Alcohol Testing Policy
Flowerwood Management Inc (d/b/a/ Flowerwood Trucking)
15315 Kelly Road
Loxley, AL 36551

This is the company’s official statement of drug and alcohol policy for its driving employees. Knowing how the use of these substances can affect the ability to operate a motor vehicle safely, we are implementing this policy to ensure that we are in compliance with the drug and alcohol testing requirements enacted by the DOT and listed in 49 CFR Parts 382 and 40. We are committed to provide a safe environment for each of our drivers and the motoring public.

To outline the DOT mandated situations under which you are required to be tested, we have listed the type of drug and alcohol tests that will be required of our drivers. These tests will be administered when the driver is performing a safety-sensitive function, generally defined as all time required to be logged as “on duty or driving” time on a driver daily log. The tests will either be administered while such duties are being performed, just before they are to be performed, or just after these duties have been completed. “Just before” or “just after” is defined as no longer than one hour. The tests will be administered and processed in accordance with the requirements of 49 CFR Part 40.

PRE-EMPLOYMENT (Drug only) – All drivers will be expected to submit to a pre-hire/pre-use drug test, the results of which must be obtained before the driver can be utilized the first time. Drivers failing this type of drug test are not qualified to be hired by the company.

RANDOM (Drug and Alcohol) – Drivers will continually be subject to DOT random testing after hire and throughout employment with the company. Testing administered will be spread throughout the year and unannounced, selected by a scientifically valid method from a pool of all employed drivers. The company (or its designee) will administer enough tests to the driver pool to ensure compliance with the minimum DOT requirements.

POST-ACCIDENT (Drug and Alcohol) – After drivers are involved in an accident, the company reserves the right to administer a drug test to each involved employee, without regard to fault, within 32 hours of the time the crash occurred. An alcohol test will also be obtained within eight hours of an accident, preferably in the first two hours.

REASONABLE SUSPICION (Drug and Alcohol) – At any time the company management notices indications of the use of drugs or abuse of alcohol by one of its drivers, which are contemporaneous and able to be articulated, the employee will be required to submit for testing.

All drivers who are required to possess a Commercial Driver’s License, or CDL, under the requirement of 49 CFR Part 383, are required to be tested for the presence of drug and alcohol. Upon notification of a required test, the driver shall proceed immediately to the testing facility. Failure to do so will be considered a refusal to submit to testing, which DOT treats the same as a POSITIVE test result.

There are significant consequences for submitting a test reported back as “POSITIVE” for drugs or alcohol, or refusing to be tested when required. Consequences for this type result are termination of employment, referral to a substance use evaluation facility, and release of the testing information to subsequent employers requesting such. Though DOT does not require termination of employment violations of Part 382, most employers choose to sever ties with the violating employee. DOT does require that employees be evaluated and receive treatment (as suggested by a substance professional) for substance problems. We are also required to release this information to your subsequent employers that request it of us.

Record keeping for drug and alcohol testing issues is typically maintained for a period of five (5) years, as required by the USDOT. If we are requested by another employer, to provide drug or alcohol testing information for a current or former employee of the company, records for the two (2) years previous to application for employment with the other employer will be provided, upon presentation of driver release for such information. This is in compliance with the requirements of 49 CFR parts 382.

The use of drugs and alcohol can have a significant impact on your health as our employee and on the safety of the motoring public. As a responsible member of the public using our nation’s highways, we will implement this policy as we strive to maximize the safety of our highways. If any questions regarding this policy arise, please do not hesitate to contact me for clarification.

I have reviewed this copy and understand its consequences. My signature below also represents that I have been notified that the type of tests, listed above, will periodically be required of me.