POLICY NO: 717
EFFECTIVE DATE: 01/01/1996
POLICY FOR DRUG & ALCOHOL TESTING OF COMMERCIAL MOTOR VEHICLE DRIVERS
717.1 PURPOSE
This policy is intended to comply with the Omnibus Transportation Employee Testing Act of
1991. The federal law and this resulting University policy are designed to prohibit a
commercial motor vehicle (CMV) driver from performing safety sensitive functions with a
breath-alcohol concentration of 0.02 or greater or while under the influence of legal or
illegal drugs. The drug testing will be for marijuana (THC), cocaine, opiates,
phencyclidine (PCP), amphetamines and any other controlled substances specified by federal
regulation. Possession or use of alcohol or drugs while performing safety sensitive
functions is prohibited. The law also prohibits the consumption of alcohol by CMV drivers
4 hours prior to performing safety sensitive functions.
All employees who function as drivers of vehicles having a gross weight exceeding 26,001
pounds; or intended to carry 16 or more passengers (including the driver); or carry
hazardous materials have A safety sensitive functions, and are covered by the drug and
alcohol testing requirements of the law.
717.3 TYPES OF TESTING
Any staff member hired to be a CMV driver or who would have occasion to be a CMV driver is
subject to pre-employment (drug testing only), post-accident, random and reasonable
suspicion drug and alcohol testing as prescribed by the federal law.
Pre- Employment Testing
Once a staff member has been deemed qualified for a position as a CMV driver, he/she will
be tested for drug use within 5 days of the offer of employment. Failure to take tests
will disqualify the employee from further employment with the University. Any person
testing positive for the use of an illegal controlled substance will be terminated
immediately. Candidates who were CMV drivers in a 2 year period prior to being hired at
the University as CMV drivers are required to sign the necessary waiver(s) so as to allow
the collection of information on positive drug tests, alcohol tests of 0.04 or greater, or
the refusal to submit to such tests from prior employers.
Post-Accident Testing
After an accident which has resulted in a loss of life or the CMV driver/employee has
received a citation for a moving violation, the CMV driver must submit to testing within
eight (8) hours of the accident. Failure to submit to testing under these circumstances
will result in the termination of employment. CMV drivers are prohibited from using
alcohol for 8 hours after an accident or until a test is given, whichever is sooner.
Post-accident tests conducted by federal, state or local authorities can be a substitute
for the University's post-accident testing. Drivers involved in accident which did not
result in a loss of life or were not given a moving citation may still be tested under the
terms of Reasonable Suspicion.
Random Testing
Each year at least 25% of the CMV drivers will be tested for alcohol and 50% for drug use
on an unannounced basis spread throughout the calendar year. Since the selection process
will be completely random, some drivers may be tested more than once in a given year while
others may go untested under this program.
Reasonable Suspicion
Testing Specifically trained supervisors of CMV drivers who reasonably suspect violations
of this policy are permitted to require a driver to submit to the necessary tests within
eight (8) hours of the observation. The supervisor must immediately remove the
driver/employee from performing any safety sensitive functions. The supervisor can require
the testing after making specific, contemporaneous, articulable observations concerning
the appearance, behavior, speech or odor of the driver just before, during or after
performing safety-sensitive functions.
717.4 CONSEQUENCES OF DRUG AND ALCOHOL TESTS
Under this policy and the new federal regulations, a CMV driver who tests positive for
drugs or has a breath-alcohol concentration of 0.04 or greater will be subject to the
following requirements:
- The CMV driver must be immediately removed from the safety-sensitive functions. This
action must be taken even if the positive test result is from the use of prescribed
medication.
- The driver's supervisor or the Medical Review Officer (MRO) will advise the driver to go
to the Faculty/Staff Assistance Plan Office (F/SAP) to seek any available treatment
programs for substance abuse if the positive test not a result of a prescribed medication.
- The MRO will evaluate all positive tests for accuracy.
- A substance abuse professional (ASAP) designated by F/SAP will review the case and make
recommendations as to rehabilitation if thought to be necessary.
- Upon completion of any recommended substance abuse treatment plan, the SAP must
re-evaluate and release for duty the CMV driver to ensure successful completion of the
recommended course of treatment.
- In order to return to safety-sensitive functions following removal for a positive test
result, the driver must pass a return to duty test- a negative drug test or less than 0.02
breath-alcohol concentration.
- Once returned to duty, the CMV driver will be subject to a minimum of 6 follow-up tests
over a 12 month period.
- Drivers who have breath-alcohol concentrations in the range of 0.02 to 0.39 are to be
relieved of their safety sensitive assignments for a minimum of 24 hours or until the
breath -alcohol concentration drops below the 0.02 level.
Failure to submit to testing will be considered grounds for termination. Employees who
fail to comply with a supervisors request to test; fail to provide adequate samples for
testing without valid medical explanation; or obstruct the testing process in any way can
be terminated.
717.5 TESTING PROCEDURES
Drivers will be in pay status while at, and traveling to-and-from, the testing site as
designated by the University. Transportation to the site will be provided if it is located
beyond the general boundaries of the campus. All samples will be split and kept for a
minimum of 30 days to permit retesting if the results of the initial test are appealed.
All results will be reviewed by a MRO. The MRO will inform the tested drivers of any
positive test results. A fully certified laboratory facility will be used to conduct all
tests. Collection of specimens will be done in such a way as to protect the privacy and
dignity of those being tested. The University will bear the cost of all testing except in
those cases when the testing is being conducted based on a driver's appeal to prior
positive test results.
717.6 NOTIFICATION of STAFF
A copy of this policy will be published in the Almanac and included in the Human Resources
Policy and Procedures Manual. All CMV drivers will be handed a copy of the policy and
verbally informed of its contents by their supervisors. The drivers will all be given
literature outlining the effects of alcohol and drugs on their general health, and their
impact on the performance of safety sensitive assignments. A written acknowledgment of the
receipt of this informational material will be placed in the drivers' testing files held
in the Staff and Labor Relations Area.
717.7 RECORD KEEPING AND CONFIDENTIALLY
All matters relating to test results and the drivers involved are highly confidential. All
records relating to this policy and the CMV drivers involved will be kept in the Division
of Human Resources, Staff and Labor Relations apart from the drivers' regular personnel
files.
717.8 ADDITIONAL INFORMATION AND QUESTIONS
Questions or requests for additional information should be directed to the CMV Driver
Testing Coordinator at 898-6019 located in the Division of Human Resources, Staff and
Labor Relations, Suite 527A, 3401 Walnut St.
Applicability: See Section 717.2
Cross-reference: N/A
Supersedes Policy Number(s): N/A