Policy for Drug & Alcohol Testing of Commercial Motor Vehicle Drivers
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.
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.
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.
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 Employee Assistance Program (EAP) 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 EAP 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 EAP 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 0.039 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.
Commercial Motor Vehicle Driver Sample Offer Letter
Use this template when making a formal job offer to a candidate.
Commercial Motor Vehicle Driver Consent for Records Request
This form must be completed by a candidate's previous employer if he or she held a commercial driver's license job with that employer.
The Effects of Drugs and Alcohol in the Workplace
Information on the effects of alcohol and drugs on general health and workplace performance.
Policy Number: 717
Effective Date: 1/1/1996
Supersedes Policy Number(s): N/A
Applicability: See Section 717.2