Section: Safety & Security
Policy Number: 7-44
Policy Name: Commercial Driver's Policy - Random Drug/Alcohol Testing
Date: February 1999

I. PURPOSE

The provisions of this policy are intended to comply with the Omnibus Transportation Employees Drug Testing Act of 1991 and in accordance with Title 49 Code of Federal Regulations, Part 382 and 391, Subpart H. The University shares with its employees a concern regarding co-workers who may be impaired due to the use/abuse of alcohol and/or controlled substances. Such use/abuse can endanger the safety of employees and the public. The unlawful manufacture, distribution, possession or use of controlled substances and the use of or impairment from the use of alcohol is prohibited in the workplace. The University recognizes that alcohol and/or drug dependency is a treatable condition and will make reasonable efforts to provide treatment for employees in need of help. The University's Faculty and Staff Assistance Program (FSAP) is available to employees suffering from alcohol or controlled substance abuse.

II. EMPLOYEES SUBJECT TO TESTING

Full-time, part-time, miscellaneous wage, casual wage, temporary or seasonal employees, who possess a commercial driver's license (CDL) with the intent of operating a University commercial motor vehicle (This includes any rented leased, or personal vehicle used as a requirement of their job function) requiring such license are subject to testing. This includes, but is not necessarily limited to, employees in the following positions:

  • Arborist
  • Arborist Helper
  • Bus Driver
  • Caretaker/Equipment Operator
  • Casual Wage Bus Driver
  • Driver-Mover
  • Excavator
  • Groundskeeper
  • Grounds Equipment Mechanic
  • Grounds Technician
  • Horticulturist
  • Permanent Part-time Bus Driver
  • Research Utilities Mechanic
  • Sport Turf Technician
  • Sport Turf Technician Assistant

All Departments are required to advise the FSAP Office of all employees required to possess a CDL, as a condition of employment.

III. TYPES OF TESTING

  1. Pre-employment/Promotion/Transfer
  2. Before an applicant is hired, after a conditional offer has been extended to hire, or after an employee has been promoted or transferred, and before the employee actually performs a driving function in the position for the first time. No employee shall operate in a driving function unless their breath alcohol concentration is less than 0.02 and they have a negative controlled substance report.
  3. Reasonable Suspicion
    1. When a trained supervisor or other trained official believes an employee has violated this policy, based upon specific, contemporaneous, articulated observations concerning the appearance, behavior speech or body odors of the driver, testing shall occur. Ordinarily, testing based upon reasonable suspicion should be performed within two (2) hours following the observations, but in no instance shall testing be conducted after eight (8) or more hours have elapsed.
      • Any employee whose breath alcohol content is greater than 0.02 will be prohibited from performing functions until their next scheduled work day and only after subsequent testing.
    2. A reasonable suspicion determination shall only be made by a supervisor or other official that has completed the federally required training on the symptoms of alcohol or controlled substance abuse, or a police officer. Whenever possible, a supervisor's reasonable suspicion should be confirmed by FSAP observer before requiring a driver to undergo alcohol or controlled substances testing. However, if the above noted FSAP observers are not available, any supervisor who has been trained through the 120-minute training on alcohol misuse and controlled substance abuse {1} may act as the second trained observer. A police officers determination of a reasonable suspicion does not require a second opinion.
    3. When a supervisor, manager or department director has a reasonable suspicion that a CDL employee may be in violation of this policy, they will transport the employee to the test collection site.
  4. Post-accident Testing Conducted after accidents {2}
    1. involving drivers whose performance could have contributed to the accident (as determined by a citation for a moving violation;
    2. for all fatal accidents, even if the driver is not cited for a moving violation; and
    3. for all accidents where any vehicle damage exceeds $4,400.
  5. Random Testing
  6. Conducted on an unannounced basis just before, during or after the performance of driving function.
    1. Rate of testing - random alcohol and controlled substance testing shall be administered at an annual rate of at least 50 percent of the average number of driver positions, throughout the University.
    2. Such testing will be unannounced and reasonably spread throughout the calendar year.
    3. The selection of drivers shall be based upon a random computer-generated list. Each driver will have an equal chance of being selected each time a list is generated.
    4. Any employee selected for testing will immediately report to the designated testing facility.
  7. Return to Work and Follow-up
  8. To be conducted when an employee has violated this policy and returns to performing driving duties. Before a driver returns to duty requiring the performance of a driving function after violating this policy, the driver shall undergo an alcohol test with a result indicating an alcohol concentration of less than 0.02 and a controlled substances test with a negative result. The employee must submit to six (6) unannounced follow-up tests with the first twelve (12) months after returning to work.

IV. DEFINITIONS

    Accident - Any on-the-job occurrence involving an employee defined above as being in a driving position, operating a University commercial motor vehicle which results in a fatality, bodily injury or property damage, where the driver's performance could have contributed to the accident.

    Alcohol - The intoxicating agent in beverage alcohol or ethyl alcohol or other low molecular weight alcohol, including methyl and isopropyl alcohol. Note: This also includes medications, prescription or non-prescription, which contain alcohol.

    Chain of Custody - Procedures to account for the integrity of each urine or blood specimen by tracking its handling and storage from the point of collection to its final disposition.

    Commercial Motor Vehicle - A motor vehicle or combination of vehicles used in commerce if the motor vehicle:

    1. has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 26,001 or more pounds; or
    2. has a gross vehicle weight rating of more than 26,001 or more pounds; or
    3. is designed to transport more than 16 passengers, including the driver; or
    4. is of any size and is used in the transportation of materials found to be hazardous for the purpose of the hazardous materials Transportation Act and which require the motor vehicle to be placarded.
    Controlled Substances - Drugs required by the Omnibus bill (OTETA Act of 1991) to be included in the testing process. As of January 1, 1995, are as follows: marijuana, cocaine, opiates, phencyclidine (PCP) and amphetamines.

    Driver - Any person who operates a University commercial motor vehicle, including but not limited to full-time, regularly employed drivers, casual, intermittent or occasional drivers, who operate a University commercial motor vehicle at the direction or with the consent of the University.

    Medical Review Officer (MRO) - A licensed physician responsible for the collection of test results generated pursuant to this policy who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive result together with his/her medical history and any other relevant biomedical information.

    Performing - A driver is considered to be performing a driving function during the periods in which they are actually performing, ready to perform, or immediately ready to perform any of those on-duty functions (1) through (7) listed in the definition of driving functions.

    Reasonable Suspicion - Belief that the driver has or may be violating the alcohol or controlled substances prohibitions, based on specific, contemporaneous, articulated observations concerning appearance, behavior, speech or body odors of the driver.

    Refusal to Submit to Testing - Includes

    1. failure to provide adequate breath for testing without a valid medical explanation after receiving notice of the requirement of breath testing;
    2. failure to provide adequate urine for controlled substance testing without a valid medical explanation after receiving notice of the requirement of urine testing; or
    3. conduct that clearly obstructs the testing process.
    Driving Function - Means any of those on-duty functions listed below. On-duty means all time from when the driver begins to work or is required to be in a readiness to work until the time they are relieved from work and includes:
    1. All time at the facility waiting to be dispatched, unless the driver has been relieved from duty
    2. All time inspecting equipment as required by federal regulations or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time
    3. All time driving
    4. All time, with the exception of sleep time in vehicles, other than driving time, in or upon any commercial motor vehicle
    5. All time loading or unloading a vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving receipts for shipments loaded or unloaded
    6. All time spent performing the driver requirements related to an accident
    7. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
    Substance Abuse Professional - A licensed medical doctor or a licensed or certified psychologist, social worker, employee assistance professional or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders. The substance abuse professional is that person(s) assigned to maintain the records required by federal law regarding the implementation of the Omnibus Transportation Testing Act of 1991.

    Test Collection Site - That facility or facilities selected by the University to perform alcohol and/or controlled substances tests in full compliance with the OTETA Act of 1991.

V - PROHIBITIONS

  1. Alcohol - No driver shall:
    1. report to duty or remain on duty while having an alcohol concentration of 0.02 or higher
    2. possess alcohol while on duty
    3. use alcohol while on duty
    4. perform functions within 4 hours of using alcohol
    5. use alcohol within 8 hours after an accident or until undergoing an alcohol test
    6. refuse to submit to an alcohol test
      • Refusal is proof of positive test results.
  2. Controlled Substances - No University employee shall report for duty or remain on duty requiring the performance of driving functions when the employee uses any controlled substance except when the use is pursuant to the instructions of a physician (and is verifiable) who has advised the employee that the substance does not adversely affect the employee's ability to safety operate a commercial motor vehicle. (Note: Burden of verifiable proof is on the employee, to the satisfaction of the employer.) No employee shall report for work, remain at work or perform a driving function if the driver tests positive for controlled substance as defined.

VI - TESTING PROCEDURES

All testing required by this policy will be conducted in accordance with the Omnibus Transportation Employee Testing Act of 1991. The testing will only be conducted by certified, qualified individuals who are contracted by the University for this purpose.

VII - REVIEW OF TEST RESULTS

All drug test results will be reviewed by a physician, (Medical Review Officer (MRO) designated by the University before the results are reported to the University. If the testing facility reports a positive test to the MRO, the MRO will contact the employee to determine if there is an alternative medical explanation for the drugs found in the employee's system. If the employee gives a reasonable and verifiable explanation, the results of the test are reported as negative to the University. In the event the employee is unable to give an alternative medical explanation for the presence of drugs in his/her system, the MRO will report the positive test immediately to the FSAP professional who will inform the employee's department head or designee.

VIII - CONSEQUENCES OF A POSITIVE TEST

  1. Any employee found to be in violation of the policy will be subject to discipline up to and including dismissal.
  2. An employee who enters treatment for alcohol or drug problems will be required by the University to comply fully with all requirements and recommendations of the FSAP or treatment facility. Failure on the part of the employee to comply with these recommendations will be considered a violation of this policy which may result in disciplinary action up to and including termination.
  3. Rehabilitation with University assistance may be provided from outpatient counseling to admission to a treatment center selected by the University for a period of not more than 30 days or may include counseling sessions with a substance abuse counselor while continuing normal duties of employment. An employee who consents to being admitted to a treatment center shall be placed on leave with pay status. Accumulated sick leave and vacation days shall be utilized when available. Employees must adhere to all follow-up guidelines established by an FSAP professional and/or outside professional in rehabilitation counseling. This policy is in accordance with the established University's Substance Abuse Policy.

IX - UNION REPRESENTATION

Employees covered by a collective bargaining agreement are required to submit to an alcohol or controlled substance test pursuant to this policy may request union representation provided such representation can be obtained within one-half hour of the employee being notified of the need for testing.

X - CONFIDENTIALITY

  1. All employee alcohol and drug testing results and records will be kept with the strictest confidentiality by the University and the testing facility. The University will release the information only to the employee or third parties with specific written consent from the employee.
  2. All records regarding this policy will be maintained in the FSAP Office.
  3. In the event the employee initiates a grievance, lawsuit or any other proceeding that will require a hearing, the University may release relevant information.
  4. Relevant information may also be released by the University to any local, state or federal agency to demonstrate compliance with all rules and regulation.

XI - FACULTY AND STAFF ASSISTANCE PROGRAM

  1. Employees are encouraged to voluntarily seek assistance in dealing with substance or alcohol abuse or dependency. Confidential professional assistance, treatment, planning, and rehabilitation services are available through the University's Faculty and Staff Assistance Program (FSAP).
  2. The request for assistance for a substance or alcohol abuse problem will not, in itself, be considered grounds for disciplinary action. A request for assistance will not prevent the taking of appropriate disciplinary action for misconduct or performance problems which may be related to substance or alcohol abuse. In no case will participation in the FSAP shield employees who violate this policy from disciplinary action.

(1) Federal regulations require at least 60 minutes of training on alcohol misuse and at least 60 minutes of training on controlled substances use before a person can be designated to determine whether reasonable suspicion exists to require a driver to undergo alcohol or controlled substances testing.

The training covers the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.

(2) Any employee involved in an accident must remain available for testing, up to a maximum of eight hours. Any employee who refuses to remain available will be considered to have refused to submit to testing.

Submitted by: Labor Relations