TEXAS WOMAN'S UNIVERSITY
TWU HUMAN RESOURCES OPERATING POLICY

50.30

SUBJECT:               Drug and Alcohol Testing for TWU Drivers of Commercial Motor Vehicles

DATE PASSED:        May 22, 1996

DATE REVIEWED:    January 1, 2003 

REVIEW NEXT BY:   January, 2008

PURPOSE:

The purpose of this policy is to establish University procedures and guidelines for the implementation of Department of Transportation concerning commercial motor vehicle safety (effective January 1, 1996).  In accordance with the DOT requirements, this TWU Policy establishes a program to conduct pre-employment, reasonable suspicion, random, post accident, return to duty and follow-up controlled substances and alcohol testing of operators of commercial motor vehicles.

Definitions

The following are a few of the definitions that are used in the regulations:

• Alcohol – an intoxicating agent in beverage alcohol, ethyl alcohol, etc.

• Covered Employee – any employee required to have a commercial driver’s license (CDL) as a requirement of the job and is required to drive a qualifying commercial motor vehicle.  Anyone who drives a qualifying commercial motor vehicle for the University is subject to the regulations and must be in the pool for testing.

• Commercial Motor Vehicle (CMV) - a commercial motor vehicle qualifying under these regulations is one that is designed to carry 16 or more passengers, including the driver; vehicles having 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 10,000 pounds; and/or any size motor vehicle used to transport hazardous materials requiring placards (Hazardous Materials Transportation Act).  This policy applies to drivers of vehicles in any one of the categories.

• Driver – a person who operates a qualifying CMV.  For the purpose of pre-duty testing, “driver” includes a person applying to Texas Woman’s University to drive a commercial motor vehicle.

• Drugs – refers to Marijuana, Cocaine, Opiates, Phencyclidine (PCP), Amphetamines and all other drugs currently considered illegal under federal and state laws.

• Pre-duty – refers to an applicant that has been conditionally hired pending testing but has not yet reported to duty.

• Refuse to Submit – means that a driver fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing or fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirements or engages in conduct that clearly obstructs the testing process. 

POLICY/PROCEDURE:

Policy

This policy applies to anyone who is determined to be in the pool for controlled substance and alcohol testing.  The pool for testing will include all applicants who have been conditionally accepted for employment in positions that involve the duties or activities that require a commercial driver license.  University employees in positions that require a commercial driver license are included in the pool for testing.  Further, this policy applies to current employees or prospective employees who do or will drive a qualifying motor vehicle(s).  A qualifying commercial motor vehicle (CMV) is one that is designed to carry 16 or more passengers, including the driver; vehicles having 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 10,000 pounds; and/or any size motor vehicle used to transport hazardous materials requiring placards (Hazardous Materials Transportation Act).  This policy applies to drivers of vehicles in any one of these categories.

Employees or agents of the University who are not identified as “in the pool testing” based on the provisions of this policy may not drive qualifying vehicles as described in this policy and covered by the regulations.

Procedure

TWU department heads are required to identify qualifying vehicles and employees who drive those vehicles.  This information must be provided to Human Resources for purposes of administering this policy.  Employees required to have a commercial driver license (CDL) as a requirement of the job and are required to drive a qualifying commercial motor vehicle are subject to the regulations and must be in the pool for testing.

Alcohol Prohibitions

Alcohol misuse that could affect performance of a covered position is prohibited.  This includes:

• Use while performing driving functions;

• Use during the four (4) hours prior to performing driving functions;

• Reporting for duty or remaining on duty to perform driving functions with an alcohol concentration of 0.04 or greater;

• Possession of alcohol, unless the alcohol is manifested and transported as part of a shipment.  This includes the possession of medicines containing alcohol unless seal is unbroken;

• Use during 8 hours following an accident, or until he/she undergoes a post accident test;

• Refusal to take a required test;

• Drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall not perform, nor be permitted to perform, driving functions for at least 24 hours.

Drug Prohibitions

The regulations prohibit any drug use that could affect performance of a driving function including:

• Use of any drug, except by prescription, and then only if the doctor advised the driver that the drug will not adversely affect the driver to safely operate the CMV;

• Testing positive for drugs;

• Refusing to take a required test.

No driver may be on duty and possess, be under the influence of, or use any illegal drug or other substance that impairs judgment; any amphetamine or formulation of an amphetamine (including pep pills and bennies) narcotics or derivatives or any other substance that makes driving unsafe.

Consequences

The consequences for engaging in prohibited conduct are as follows:

1. The driver shall not perform, nor be permitted to perform, a driving function if any of the prohibitions are violated.

2. The driver must be advised by the University of the resources available in evaluating and resolving the problem.  This must include the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs.

3. The driver must be evaluated by a substance professional that will determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and drug use.

4. Before returning to duty, the driver must undergo a return-to-duty test for: alcohol, if the prohibited conduct involved alcohol, with a result of less than 0.02; or drugs, if the conduct involved drugs, with a verified negative result

5. If the driver was identified as needing assistance in resolving the problem, the driver must:
              
             >be evaluated by the substance abuse professional to determine that the driver
               properly followed any prescribed rehabilitation program, and
   
             >be subject to unannounced follow-up alcohol and drug tests.  The number and
               frequency of the tests are determined by the substance abuse professional;
               however, they must consist of at least 6 tests during the first 12 months
               following the driver’s return to duty.  Follow-up testing may be done for up to 60
               months.

Violation of this policy by covered drivers is grounds for disciplinary action up to and including termination from TWU employment.

Rehabilitation

The University is not required to provide or pay for rehabilitation or to hold a job open for a driver.  The University should make sure that the substance abuse professional refers the driver to an entity that the professional does not have an interest in.  This does not apply to the failure of a pre-employment drug screen.

Test Required

Applicants for Employment (Pre-Duty Testing)

Applicants conditionally employed in a covered position will be informed in writing or orally that a drug and alcohol test is required under the regulations.  Applicants in a pre-duty status will be required to provide a urine sample for testing for the presence of illegal drugs and will be required to undergo alcohol testing.  A verified negative test will be required on the controlled substance test and an alcohol concentration less than 0.02 will be required on the alcohol test.

Applicants in a pre-duty status will be required to appear at a testing site at a certain date and time.  Failure to report to testing will nullify the offer of employment unless an official of the Office of Human Resources has given prior approval.  Only one excused missed appointment will be granted.  Applicants may re-apply for a position at a future date.

Before the driver performs any driving functions for the University, the driver must be tested for drugs and alcohol.  The driver must have a concentration of less than 0.02.  The University will notify the driver of the results of the test if requested within 60 days of denying the driver employment.

• All published or posted notices of vacancies in positions covered by this Policy shall state that the applicant selected for hire will be required to consent to a urinalysis for the purpose of testing for the presence of illegal drugs and an alcohol concentration test for the purpose of testing for the presence of alcohol.

• All qualifying drivers who join the pool for the first time must be either tested or

  previous employer must provide verification that the driver has not tested positive within

  the last two years.

• Applicants selected for hire that refuse to consent to a urinalysis and/or

  alcohol concentration test or who test positive for the presence of illegal drugs or alcohol

  in prohibited concentrations will not be considered for employment in a position covered

  by this Policy and may not reapply for such employment for a period of six months.

• Applicants selected for hire that refuse to consent to a urinalysis and/or alcohol

  concentration test or who test positive for the presence of illegal drugs or alcohol in

  prohibited concentrations will not be considered for employment in a position covered by  

  this Policy and may not reapply for such employment for a period of six months.

• Prior to signing the consent form, applicants selected for the hire will be informed of the
  testing procedures.

Employee Testing

Employees in positions that involve the duties or activities described in this Policy may

be required to submit to testing to determine the presence of illegal drugs or alcohol

under the following circumstances:

·      When involved in an on-the-job driving accident that results in the death of a person or that results in a citation to the employee under state or local law for a moving traffic violation arising out of the accident; and

·       When any involved vehicle requires towing from the accident scene, or

·       When any involved person requires treatment away from the accident scene.

Employees involved in any accidents are required to report them as soon as possible to their supervisor:

• When observed using alcohol or illegal drugs while on duty requiring the performance of safety-sensitive functions;

• When a supervisor who has participated in a program that provides training in the recognition of the physical appearance and behavior of persons under the influence of alcohol or illegal drugs observes an employee exhibiting such appearance and behavior during, just preceding or just after the period of the work day that the employee is performing in the safety-sensitive function;

• When selected pursuant to a valid random process determined by the University;

• If allowed to return to duty in a covered position, and has been identified by a substance abuse professional as needing assistance in resolving problems with drug or alcohol abuse.  Such employees will be subject to a minimum of six unannounced follow up drug or alcohol tests over the first 12 months following his or her return to duty at the expense of the employee. 

Refusal to Submit to Test

By continuing employment with the University, employees have consented to the University’s adoption of a Drug and Alcohol Testing Program.  The University will secure a consent form signed by the employee to be tested.  An employee who refuses to consent and submit to a test when requested under any of the circumstances provided for in this Policy will be subject to disciplinary action including termination pursuant to the University’s Procedures for Standards of Conduct, Discipline, and Separation.  Refusal to submit includes failure to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of this part, failure to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the provisions of this part, engaging in conduct that clearly obstructs the testing process and leaving the scene of an on the job accident.

Positive Test

Employees with positive tests will be immediately removed from safety – sensitive functions.  The supervisor (or his or her designated representative) will meet with each employee who tests positive and inform the employee of the test result.  Based upon the information available after the meeting with the employee, the supervisor (or his or her designated representative) shall determine whether:

• To proceed to impose appropriate disciplinary action pursuant to the University’s procedure for TWU’S Standards of Conduct, Discipline, and Dismissal Policy and/or

• To offer the employee the opportunity to participate in and satisfactorily complete, at the employee’s expense, an appropriate rehabilitation program for alcohol and/or drug abusers as a condition of continued employment.  An employee who chooses to participate in such a program must be informed that the University will pursue appropriate disciplinary action if the employee does not satisfactorily complete the prescribed program; or

• To allow the employee who has tested below 0.02 for alcohol to return to work after 24-hour period.

Urinalysis Procedure

In order to assure individual privacy without compromising the integrity of the test result, the University will utilize approved laboratories and utilize the mandatory Guidelines for Federal Workplace Drug Testing Programs and the Procedures for Transportation Workplace Drug Testing www.dol.gov. for tests pursuant to this Policy.  Guidelines are published in 49 CFR 40; 49 CFR 382 (also see Volume 53 of the Federal Register, page 11979, Volume 59 of the Federal Register, page 7354, Volume 59 Federal Register page 7505).  The Guidelines generally provide for specimen collection procedures, chain-of-custody procedures, testing procedures and documentation procedures.  Copies of the Guidelines may be obtained from the OHR.  Any testing requested by an employee will be done at the employee’s expense.

Alcohol Testing

Alcohol testing will be conducted at a specimen collection site.  The University will use evidential breath test device approved by the National Highway Traffic Safety Administration and the Procedures for transportation workplace drug and alcohol testing programs for alcohol tests pursuant to this Policy.  Those procedures are published in 49 CRF 40 (also Volume 59 of the Federal Register, page 7340).  The Guidelines generally provide for specimen collection procedures, chain-of-custody procedures, testing procedures and documentation procedures.  Copies of the Guidelines may be obtained at www.dol.gov.  Any testing requested by an employee will be done at the employee’s expense.

Records

Confidentiality

All information from an applicant’s or an employee’s drug and alcohol tests will be confidential to the extent required by law.  Records will be maintained in a secure manner, so that disclosure of confidential information to unauthorized persons does not occur.

Maintenance

University Record Retention Schedules will be reviewed to ensure that minimum records are maintained in accordance with the following schedule:

·      verified positive controlled substance test results and alcohol test results indicating an alcohol concentration of 0.02 or greater; documentation of refusal to take required tests; documentation; evaluations and referrals – 5 years;

·      collection and training records – 2 years;

·       negative or cancelled tests – 1 year.

·       alcohol test results indicating concentration less than 0.02 – 1 year.

Reporting      

The University will submit reports in accordance with Federal Regulations regarding this alcohol and drug misuse prevention program.  Regulations currently require an annual calendar year summary of the results of alcohol and controlled substances testing programs performed under this policy.

Inquires:  TWU Safety Coordinator, Facilities Management

APPROVALS:

            Policy Reviewer:    Associate Vice President of Human Resources 

            Approved:            Vice President for Finance and Administration