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INDEPENDENT CONTRACTOR DRIVER AGREEMENT Form & Drug Test Policy
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MOONSTAR EXPRESS LLC
2750 GRANT AVE SUITE B
PHILADELPHIA, PA, 19114
This INDEPENDENT CONTRACTOR DRIVER AGREEMENT (hereinafter called "Agreement") is made and entered into between Moonstar Express LLC.(hereinafter called "CARRIER,"
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Social Number
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EIN NUMBER
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Please put Company Ein number
Email
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Cell Phone
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Example : 2156660595
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Address Line 1
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Position Applying for
Car carrier
Step- flat bed
Reefer
Dryvan
Power only
Who Referred You ?
Previous Company information
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CARRIER NAME / ADDRESS/ PHONE / MC OR DOT NUMBER
Have you ever served in the U.S. Armed Forces ?
Yes
No
Have you ever been convicted of a felony ?
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If yes, please explain below. Conviction of a crime is not automatic bar employment - all circumstances will be considered.
APPLICANT MUST READ AND SIGN
I certify that I have read and understand all of this empJoyment application. It is agreed and understood that the employer or his agents may investigate the applicant's background to ascertain any and all information of concern to applicant's record, whether same is of record or not, and applicant releases employers and other persons named herein from all liability for any damages on account of his furnishing such information. I understand that, as an applicant for a position with this company, I may be asked to demonstrate that l am capable of performing, tasks that are pertinent to the job.
It is also agreed and understood that under the Fair Credit Reporting Act, Public Law 91-508; I have been told that this investigation may include an investigative Consumer Report. including information regarding my character, personal reputation, personal characteristics and mode of living.
I agree to furnish such additional information and complete such examinations as may be required to complete my employment file.
I also understand that misrepresentation or omission of information or facts may result in my rejection or dismissal.
If hired, I agree to abide by all the rules and policies of the employer.
This certifies that I completed this application and that all entries on it and information in it are true and complete to the best of my knowledge.
Employee agrees to notify company 4 weeks prior to leave Company or he/she will not
get back security deposit of $2500
Employee agrees to return truck/trailer and other equipment that belong to the company in a same condition as he/she received or will be charged for damages or $2500 deductible
Deduction by the Carrier from the ICD (Independent Contractor Driver) pay stub shall be subject to the following limits of deduction per occurrence: 1. Cargo Claim $2,500.00 2. Property Damage (Truck) $2,500.00 3. Property Damage (Trailer) $2,500.00 4. Liability Insurance Claims $2,500.00 5. Maximum Deductible $10,000.00
By signing this application employee agrees to be responsible for all the damages on tractor/trailer/an equipment
Employee agrees to be responsible for the each damages on Cargo that made by his/her mistakes
IN CASE OF EMERGENCY, NOTIFY:
Name
*
First
Last
Phone
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Emergency contact phone number please
TRUCK RETURN POLICY
- When driver gives min 2-3 weeks notice , he/she will get back security deposit ( if there is no damages,vio or tickets ) after 35 days.Tickets and violations need to be clear(DOT update system every 30 days). If drivers hides any ticket/violation or If driver leaves without notice , he/she wont get back the deposit and his driver license will report on 411 database. Clearly informing all vehicles indicating that audio recording and dual face cameras are in progress.
-IF TRUCK returns dirty/oily or with trashes $250 detail cleaning fee will be charged.
SPEED LIMIT VIOLATIONS
Over 1- 5MPH $250 FINE!
Over 5-10MPH. $1000 FINE!
Over 10-15MPH $1500 FINE!
Over 15 MPH $2000 FINE!
- SEAT BELT AND CELL PHONE VIOLATIONS ARE $2000
- Note: If seatbelt buckled behind the person, sitting on the lap belt is considers SEAT BELT VIOLATION Vio code 392.16-D
NO VIOLATION BONUS: $250 bonus for level III, $300 level II, $350 level I.
-REFERRAL BONUS FOR NEW DRIVER $250 –EXPERIENCE DRIVER $500.
If driver doesnt report any violation or ticket to MOONSTAR EXPRESS, will not get security deposit and his last check.
All company drivers registered on TVC-pro driver program which is $29.99 a month. It will be deduct from salary.
Any other safety Vios will be $100 per point (TotW)
LOG BOOK VIOLATIONS
If driver gets any log book violation on driver fault will get $500 FINE ( LIKE; if there is no pre trip inspection or if there is no docs/BOL number, trailer number, signature).
- Driver must have extra 7 days paper log book and log book MANUAL in truck.Do not block your windshield with gps or any personal stuff.
- UNEXPERIENCE DRIVERS(less than 6 months old licenses) WONT GET BACK THE DEPOSIT IF THEY LEAVES WITHIN 3 MONTHS. Referral bonus will be given after 3 months of working time.
Drug & Alcohol Policy For
In 1988, Congress enacted the Drug Free Workplace Act to require federal contractors to establish and maintain a work environment that is free from the effects of drug use and abuse. Federal Regulations 49 CFR Part 40 (§382) present the general terms of this program and its guidelines We agree with that goal and believe that LLC has responsibility to its employees and those who use or come in contact with its products/services, to ensure a safe and productive work environment. To satisfy these responsibilities, it is the policy of and a condition of employment that an employee be present and able to perform their job free from the effects of alcohol, narcotics, depressants, stimulants, hallucinogens and cannabis or any other substances, which can impair job performance.
Our Commitment
We recognize that drug and alcohol abuse may be a sign of chemical dependency and that substance abuse can be successfully treated with professional help.
MOONSTAR EXPRESS
Provides an Employee Assistance Program (EAP) through SapList.Com for employees to deal with substance abuse and other personal problems that can affect work performance. Our commitment is to help employees remain productive members of our team. In certain circumstances, the company may insist upon a mandatory referral to our EAP as a condition of continued employment No employee will be disciplined or discriminated against simply for seeking help.
Employee Responsibility
The employee is responsible for following all of our work and safety rules, and for observing the standards of behavior and employer, co-workers, and customers have the right to expect from you. In addition, if you believe you may have a problem with drugs or alcohol, you are responsible for seeking assistance, whether from or through the company or any other resource, before a drug or alcohol problem adversely affects your work performance or results in a violation of this policy. The time to seek help is BEFORE you are in ''trouble", NOT AFTER. If a professional assessment is made that you have a problem with Drugs or Alcohol, your continued employment may be conditioned upon:
• Entering into and completing a treatment program approved by the company.
• Signing and living up to a last chance performance agreement.
• Undergoing a Follow-up Testing Program at companies' discretion.
Scope of Our Policy
This Policy and each of its rules apply whenever an employee is on or in Company Property, surrounding grounds and parking lots, leased or rented space. Company time (including breaks and meal periods), in any vehicle used on Company business, and in other circumstances ( such as on customer premises or at business/sales functions) we believe may adversely affect our operations, safety, reputation or the administration of this policy.
Our Drue and Alcohol Rules
The following rules are extremely important and an employee who violates any one of them will be subject to disciplinary action, up to and including termination.
1. Alcohol An employee may not possess, use, transfer, offer, or be under the influence of any intoxicating liquor while at work or on company business. This rule prohibits using any alcohol prior to reporting to work, during breaks or meal periods, or in conjunction with any Company activity, except social or business events where a Corporate Officer has authorized the moderate consumption of Alcoholic Beverages.
2. An employee will be removed from a Safety Sensitive Position for 24 hours if your BA is more than .02 and less than .04. A Breath Test over .04 is a DOT Violation, and a referral will be required to a Substance Abuse Professional before being released back to a safety sensitive position.
3. Drugs An Employee may not possess, use, transfer, offer, share, attempt to sell or obtain, manufacture, or be under the influence of any drug or similar substance and also may not have any drugs of similar substances present in the body. Thus, an employee who tests positive for any illegal-drug violates this rule. This rule also pertains to Prescription drugs being taken without doctors authorization.
4. Drug Paraphernalia and Alcohol Containers An Employee may not possess any Drug Paraphernalia or Alcohol Containers.
5. Prescriptions/ Over-the-counter Medications It is the employees responsibility to check the potential effects of prescribed drugs and over-the counter Medications with your doctor or pharmacists before starting work, and to immediately let your supervisor know when such use makes it unsafe for you to report to work or do your job.
6. Adulterants Any substance that is used for the purpose of Manipulating a drug test by adding to the specimen or ingesting.
Pre-Employment Jestine.
All safety sensitive employees are required to pass a DOT pre-employment urine drug test before being hired.
Random Testing Program
The Random-testing program is implemented by a third party and/or a computerized Selection Process throughout the year. The Third Party Administrator (TPA) combines the drivers from our company with drivers from other companies. The TPA selects 4 times per year and notifies the DER, Designated Employee Representative. The DER can notify the Driver within the selection period. When the driver is notified, they must test ASAP. The Federal Motor Carrier Safety Administration does not allow testing delays due to convenience or movement of freight. (FMCSA).
Mandatory Post Accident Testing,
Post accident drug and/or alcohol testing will be at supervisor or company request, or as Defined in 49 CFR Part 40. See Chart
Type of accident involved
Citation issued to
the CMV driver?
(Class A or B)
Test must be
performed.
I. Human Fatality
YES
YES
NO
YES
II. iis Bodily injury with immediate medical treatment away from scene ..
YES
YES
NO
NO
III. Disabling damage to any motor vehicle requiring tow away.
YES
YES
NO
NO
Reasonable Suspicion Testing or Reasonable Cause
At least one Supervisor will be trained in accordance to 49 CFR 382.603 of the Federal Register to make these observations of Work Performance, Behavior, and Physical Indicators.
• Observable Symptoms or Unusual Behavior.
• The Odor or Smell of Alcohol or Drugs on the employee's breath or clothes or in an area (such as in a vehicle, office, work area, or restroom) immediately controlled or occupied by the employee.
• Alcohol, alcohol containers, illegal drugs or drug paraphernalia in the employee's possession or in an area controlled or occupied by the employee (vehicle, office, desk restroom. ) ;
• Unexplained or Significant deterioration in job performance.
• Unexplained significant changes in behavior ( e.g., abusive behavior, repeated disregard of safety rules or procedures, insubordination, etc.);
• Evidence that the employee may have tampered with a previous drug test.
• Criminal citations, arrests or convictions involving drugs and alcohol.
• Unexplained absenteeism or tardiness
• Employee admissions regarding drug or alcohol use;
• Any involvement in any work-related accident or near misses.
Any type of Paraphernalia discover on your person or Company Property
Fit for Duty
The company could require a fit for duty exam by a certified Medical Practitioner; this exam can be administered along with Drug and Alcohol Screen to determine if employee is fit for Duty. This could be requested in addition to the DOT Medical card Certificate.
Duty to Cooperate
An employee who fails to cooperate in the administration of this policy generally will be terminated and is in violation of §49 CFR Part 40. This includes such things as:
• Refusing to consent to testing, to submit a sample, or to sign required forms.
• Refusing to cooperate in any way (for example, refusing to courteously and candidly cooperate in any interview or investigation, including any form of truthfulness, misrepresentation or misleading statements or omissions.);
• Any form of dishonesty in the investigation or testing process.
• Refusing to test again at a time of the Company's choosing whenever any test results in a finding of a dilute sample or reasonable suspicion.
• Failure to accept the referral, to enter into and complete an approved treatment program, or to sign or adhere to the commitments in the Last Chance Performance Agreement.
EMPLOYEE ACKNOWLEDGEMENT AND CONSENT TO TESTING
1. write as in the description
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Please Add your Full Name
2. I voluntarily agree to provide a sample of my Urine for Testing and to submit to any related physical or other examination when I have been requested to do so.
3. I authorize the release of the Test Result (and any other relevant medical information) to the Company for its use evaluation and suitability for continued employment. I also release the Company from all liability arising out of or connected with the testing.
4. I understand that ifl refuse to submit to the testing, to give a requested sample(s), to authorize release of the results to the company, and/or if the test results indicate that I do not meet the Company's standards, I may be terminated.
5. I understand that any attempt to switch, adulterate or in any way tamper with the requested sample(s) or to other wise manipulate the testing process will result in termination of employment. I also understand that if my test results are dilute on the second testing, I may be terminated.
I have read this entire policy and each of the above statements
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Yes
No
Signature Date
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MM/DD/YYYY
Signature
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Clear Signature
BANK INFORMATION
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Routing Number
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