903: Controlled Substance and Alcohol Abuse Prohibition and Testing for Motor Vehicle Operators
To maintain a safe, healthy, and productive working environment, the University will act to eliminate substance abuse by employees who operate commercial motor vehicles. This policy is in addition to the University’s Drug-free Workplace policy and conforms to applicable federal and local laws.
Controlled substance and alcohol use by drivers of commercial motor vehicles can pose a danger to employees and others, and increases the potential for accidents, substandard performance, absenteeism, employee morale problems, and loss of public confidence in the University’s workforce.
Prohibited Use of Alcohol and Controlled Substances
Use of illegal drugs, prescription medications, or any other substance, including alcohol could impair the ability of an employee who operates a University commercial vehicle to perform job functions safely and effectively, is prohibited.
The following additional specific rules are also in force for drivers of commercial vehicles:
- No driver may drive or repair a University vehicle, or perform other safety-sensitive functions, within four hours after using alcohol;
- No driver may report to duty or remain on duty while having an alcohol concentration of 0.04 or greater;
- No driver may use alcohol while on duty;
- No driver may be on duty or operate a commercial motor vehicle while the driver possesses alcohol;
- No driver who is required to take a post-accident test under University regulations may use alcohol for eight hours following the accident, or until he or she undergoes a post-accident alcohol test, whichever occurs first;
- No driver may report for duty or remain on duty if the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver’s ability to safely operate a motor vehicle;
- No driver shall report for duty or remain on duty if the driver tests positive for controlled substances; and
- No driver may refuse to submit to any of the alcohol or controlled substances tests required under University rules.
Employee Health Service
The Employee Health Service will determine if a substance abuse condition exists that may pose a hazard to employees or others in the workplace. The Employee Health Service will conduct these types of alcohol and controlled substance use tests for operators of commercial motor vehicles according to University and Department of Transportation guidelines:
- reasonable suspicion
- return to duty
Prospective employees (whose responsibilities may include operating a commercial motor vehicle) will be informed of the alcohol and controlled substance use testing policy. These individuals will be asked to sign a statement authorizing testing?persons who refuse to take such tests will not be hired.
The selecting department will schedule substance abuse testing for prospective employees.
Individuals who are determined to have a substance abuse condition (controlled substances or alcohol) will not be hired by the University.
An employee who operates a commercial motor vehicle and who has engaged in conduct prohibited by a University rule concerning controlled substances may not return to work until the employee undergoes a return- to-duty controlled substances use test with a result indicating a verified negative result for controlled substances.
The selecting department will schedule alcohol and controlled substance use testing for prospective employees with the Employee Health Service.
Individuals who do not receive a verified negative test result for controlled substances will not be hired by the University for motor vehicle operator positions.
Individuals whose alcohol tests indicate an alcohol concentration of 0.04 or greater will not be hired by the University for motor vehicle operator positions.
Individuals whose alcohol tests indicate an alcohol content of 0.02 or greater but less than 0.04 may be hired by the University but may not perform safety-sensitive functions, such as driving or repairing a vehicle, for at least 24 hours.
Reasonable Suspicion Testing
If a reasonable cause exists to suspect that a driver is under the influence of or impaired by drugs or alcohol, or has violated the specific prohibitions stated above, the employee will be directed to report to the Employee Health Service for substance abuse testing.
Reasonable suspicion may be established by a supervisor or other individual observing indications of possible substance abuse. When practical, reasonable cause should be supported by the observations of at least two individuals. The supervisor must document the behavior or symptoms observed and arrange for the employee to be escorted to the Employee Health Service.
The Employee Health Service will determine whether testing is warranted. Employees who refuse testing may not perform or continue to perform safety-sensitive functions, and are subject to discipline, up to and including dismissal.
University departments will implement and schedule random and biennial (once every two years) substance abuse testing.
An employee who is involved in an accident while operating a commercial motor vehicle must report to the appropriate supervisor immediately and be tested as described below if the accident involved the loss of human life or the driver receives a citation for a moving traffic violation arising from the accident. In all other cases the employee must report within 32 hours of the accident and may be tested. The supervisor arranges to have employees tested by the Employee Health Service or the University Hospital’s Emergency Department.
Alcohol testing should be administered within two hours following an accident, although such testing may be done up to eight hours after an accident. Controlled substances use testing must be administered within 32 hours following an accident.
This policy should not be construed to require the delay of necessary medical attention for injured people following an accident, or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance responding to the accident, or to obtain necessary emergency medical care.
The University may consider the results of breath or blood test for the use of alcohol, or a urine test for the use of controlled substances, conducted by federal, state or local officials having independent authority for the test, to meet the post-accident testing requirements, provided such tests conform to applicable federal, state or local requirements, and the results of the tests are obtained by the University.
An employee who operates a commercial motor vehicle and who has engaged in conduct prohibited by a University rule concerning alcohol may not return to work until the employee undergoes a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02.
Each driver who engages in conduct prohibited by University alcohol or controlled substances use rules must be evaluated by a substance abuse professional. If the substance abuse professional determines that the driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the driver will be subject to at least six tests in the first 12 months following the driver’s return to duty.
Employees who operate University motor vehicles, and appropriate supervisors, are responsible for understanding and adhering to this policy. The Employee Health Service is responsible for administering substance abuse testing of University employees.
Contact the appropriate Human Resources department if you have questions or if you would like more information about this policy. Contact the Employee Health Service for substance abuse testing. Individuals with substance abuse problems may contact the Employee Assistance Program for assistance