外网天堂

Operating Policy and Procedure

HSC OP: 70.41, Drug and Alcohol Testing for Safety-sensitive Positions Requiring a Commercial Drivers License

PURPOSE: The purpose of this Health Sciences Center Operating Policy and Procedure (HSC OP) is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or the use of controlled substances by drivers of commercial motor vehicles (CMV) and to comply with the Federal Highway Administration (FHWA) and the Department of Transportation (DOT) regulations requiring drug and alcohol testing for employees in safety-sensitive functions. This HSC OP applies to all 外网天堂 applicants and employees in positions with duties or activities requiring a commercial driver's license (CDL), otherwise referred to herein as safety-sensitive functions. The provisions of this alcohol and drug testing policy do not relieve an employee from requirements pursuant to other 外网天堂 policies on alcohol and drugs.

REVIEW: This HSC OP will be reviewed on June 1st of each even-numbered year (ENY) by the Vice President of Human Resources and the Assistant Vice Chancellor, Risk and Compliance Officer, recommendations for revision forwarded to the Executive Vice President for Finance & Operations by July 1st.

POLICY/PROCEDURE:

1. General.

a. Safe Work Environment. It is the policy of 外网天堂 to be a drug-free workplace and to prevent and eliminate drug abuse in the workplace. 外网天堂 must ensure a safe work environment for all employees; to protect the students and other members of the public against endangerment due to the impairment of our employees' physical and mental capabilities; to protect its property and equipment from unnecessary damage; and to assure that all 外网天堂 business is conducted with efficiency and quality. 外网天堂, therefore, requires, as a condition of initial and continued employment, that employees be free from the influence of alcohol and controlled substances while performing their duties as a 外网天堂 employee.

b. Safety-sensitive Positions. Positions that require possession of a CDL as a condition of employment are considered safety-sensitive.

2. Prohibited Drugs. Prohibited drugs are defined in this section as:

a. Any drug prohibited by federal law or 外网天堂;

b. Alcohol;

c. Prescribed drugs consumed by a person but not prescribed to that person;

d. Any drug that is legally obtainable but is not being used for the prescribed purpose or is not being taken according to the prescribed dosages; and

e. Any drug that would have a medical effect of reducing an individual's ability to safely operate a motor vehicle or perform a safety-sensitive function.

3. Employees Requesting Assistance. Any employee who requests assistance locating a qualified substance abuse professional or counselor should contact the Employee Assistance Program Office listed in the online campus telephone directory at . The Employee Assistance Program provides professional counselors with assessments. As professionals, the counselors are pledged to confidentiality.

The counselors will not report individuals who are using the services. There is no charge for an initial assessment. The employee or family member is referred to the most appropriate service available when necessary. To utilize the Employee Assistance Program, call the Southwest Institute for Addictive Diseases at (806) 743-1327 and identify yourself as a 外网天堂 faculty, staff, or family member. The Employee Assistance Program Office is located on the first floor in Wing A (northeast end) of the HSC Building.

4. Responsibilities.

a. Departmental. It is the responsibility of each department requiring safety-sensitive positions to follow the policies and procedures outlined in this HSC OP. The department will be responsible for ensuring that the following requirements are met:

(1) Identify all positions and incumbents requiring possession of a CDL to perform their job duties and provide a list to the Human Resources Office.

(2) Ensure that all safety-sensitive position job requisitions and/or advertisements include a clear and concise statement specifying the mandatory drug testing requirement.

(3) Provide all new employees in a safety-sensitive position with educational materials that explain the 外网天堂 policies and procedures with respect to meeting these requirements. These materials must be provided on the first day of employment or before the operation of a CMV.

(4) Each safety-sensitive position employee must receive a copy of the materials listed below and execute an EMPLOYEE CONSENT FORM FOR ALCOHOL/DRUG TESTING (Attachment A) before the start of the alcohol/drug testing. The department will bear the cost of testing. Information the employee must receive includes:

(a) A copy of this HSC OP;

(b) The identity of the person designated by the department to answer questions about the educational materials;

(c) A notice of which positions are subject to these regulations; and

(d) A notice to all safety-sensitive position personnel and applicants that they must submit to an alcohol or drug test.

外网天堂 will not be held liable for negligence by the drug testing company.

b. Supervisor Training. At a minimum, the department must provide 60 minutes of training on alcohol misuse and 60 minutes of drug abuse training by a qualified substance abuse professional to all supervisors who may be involved in determining if reasonable suspicion exists to require a driver to take an alcohol or drug test. No supervisor shall determine if reasonable suspicion exists without completing the required training. The Employee Assistance Program may conduct qualified training.

c. Recordkeeping Requirements. All records referring to the notification and execution of the requirements as outlined in this policy, including documentation of test refusals and documentation of positive and negative results, must be kept in a secured location with controlled access maintained according to the following:

(1) Documents related to verified positive controlled substance test results and alcohol test results indicating an alcohol concentration of 0.02 or greater - five years;

(2) Documentation related to refusals to take required tests - five years;

(3) Calibration documentation - five years;

(4) Records related to driver evaluations and referrals - five years;

(5) Annual calendar year summaries - five years;

(6) Records related to the collection process - two years;

(7) Training records - two years;

(8) Documents related to negative or canceled tests - one year;

(9) Alcohol test results in less than 0.02 - one year.

d. Reporting Requirements. When requested by the Federal Motor Carrier Safety Administration (FMCSA), a DOT agency, or the Secretary of Transportation, the department having an employee who falls under these requirements must prepare and maintain an annual calendar year summary documenting the implementation and results of this policy. The report must be completed and submitted by March 15 per the specifications in the letter from FMCSA.

5. Testing.

a. Alcohol and drug testing may be conducted by an approved alcohol and drug testing agency whose services are contracted to 外网天堂. Safety-sensitive personnel will be tested under controlled procedures for alcohol by a breath alcohol technician. Drug testing will be conducted under controlled procedures by a qualified collection site individual recommended by and whose services are contracted by 外网天堂. The NIDA-5 drug test will screen for the following drugs:

(1) Amphetamine

(2) Cocaine

(3) Marijuana

(4) Opiates

(5) Phencyclidine

b. Work missed due to a positive outcome from an alcohol or drug test will be charged to the employee's leave balance if available or as leave without pay.

c. Alcohol and drug testing is required for all safety-sensitive personnel and will be conducted based on the following conditions:

(1) Pre-employment Drug Testing. Candidates required to complete a pre-employment drug test for safety-sensitive positions must do so after the job offer but prior to the start date. Candidates selected for hire in safety-sensitive positions who refuse to consent to urinalysis or who test positive for the presence of illegal drugs will not be hired. They may not reapply for such employment for a period of six months.

(2) Post-accident Alcohol or Drug Testing. Testing is conducted (a) when an accident results in a fatality, (b) when the employee receives a traffic citation as a result of an accident, or (c) when requested by any supervisor. The employee should notify the appropriate supervisor immediately when conditions (a) or (b) above have occurred so that DOT regulations may be complied with. From the time of the accident, the employee must take a breath alcohol test within two hours and produce a urine sample for drug testing within 32 hours of the accident unless required by a supervisor to be tested before these time limits. Employees who are required to be post-accident tested for alcohol are to remain readily available for testing or may be deemed to have refused testing.

(3) Random Alcohol and Drug Testing. Random testing is conducted annually and includes at least 25 percent of all safety-sensitive personnel for alcohol testing and 50 percent for drug testing. The random selection of employees and dates must be spread throughout the year. Random alcohol tests are required to be given before, during, or immediately after work duty.

Employees shall be notified to report for a random alcohol test before or after their work duty as follows:

The supervisor will notify the employee of one hour plus travel time from home or department to the testing location before the employee is scheduled to report to work.

When an employee has just completed work duty, the supervisor will notify the employee prior to leaving 外网天堂 property. Once the employee leaves 外网天堂 property and has not been instructed to report for a random alcohol test, the employee shall not be contacted to report for an alcohol test on the employee's time off.

An employee who tests positive is medically unqualified to drive and will be subject to disciplinary action and/or termination.

(4) Alcohol and Drug Testing Due to Reasonable Suspicion. Testing is conducted when a supervisor has cause to believe that an employee is under the influence of alcohol or drugs at any time during which that employee is on duty. The supervisor will visit with the employee to determine if there is any reasonable explanation for the employee's actions. After this discussion with the employee, if the supervisor determines that a reasonable suspicion of alcohol or drug testing is required, the supervisor will immediately contact their campus Human Resources leadership for an explanation of the process to be used for testing.

The supervisor will remain with the employee and provide transportation from the testing site back to the work site. If an employee tests negative and has missed work because of the reasonable suspicion test, the employee will be paid for time missed.

The supervisor shall document all observations of cause for reasonable suspicion and write a summary of the discussion with the employee.

(5) Return to Duty and Follow-up Alcohol or Drug Testing. Testing is conducted when an individual who has violated the prohibited alcohol and drug conduct standards and was reprimanded accordingly returns to performing safety-sensitive duties. Follow-up tests are unannounced, and at least six tests must be conducted in the first 12 months after an employee returns to duty. Follow-up testing may be extended for up to 60 months following return to duty.

d. A driver who refuses to take an alcohol or drug test as required by law or as requested by a supervisor, or who does not report for a test, or fails to comply with any form of alcohol or drug testing should immediately notify the appropriate supervisor of such refusal and that employee will be deemed medically unqualified to drive. The said employee will be placed off duty and subject to disciplinary action and/or termination. Forgetting to take an alcohol or drug test will not be considered an acceptable reason for not taking such a test. Personal or family emergencies will be evaluated individually, with the decision being the responsibility of the employee's supervisor.

e. Alcohol and drug test results are confidential. Test results may only be released to the employer and the substance abuse professional. The employee may submit written requests for copies of test results to the department. Upon receiving a written request from a former employee, the department can provide a summary of test results during their employment at 外网天堂. Any other release of this information will strictly follow the Federal Motor Carrier Safety Regulations.

f. When the applicant or employee reports to a testing facility for an alcohol or drug test, that person must have a valid form of photo identification to present to the testing agency unless accompanied by a supervisor.

g. If an applicant or employee tests positive for alcohol or drugs, arrangements for transportation to the person's residence will be made.

6. Regulations.

a. An employee may not perform a safety-sensitive function if that employee tests positive for drugs or has a blood alcohol level of or exceeding 0.02. Drug testing is a two-stage process. First, a screening test is performed. If it is positive for one or more tested drugs, then a confirmation test is performed for each identified drug, thereby ensuring that over-the-counter medications or preparations are not reported as positive.

A second breath alcohol confirmation test will be conducted if the test is 0.02 or greater. If the test is 0.02 or greater but less than 0.04, the employee will be removed from duty for 24 hours or until retesting shows the concentration is less than 0.02. If the test is 0.04 or greater, the employee will be immediately removed from safety-sensitive functions.

The supervisor will meet with each employee who tests positive for alcohol or drugs and will inform the employee of the test result. Based upon the information available after the meeting with the employee, the supervisor shall determine whether to:

(1) Proceed to impose appropriate disciplinary action pursuant to Texas Tech University System Regulation ; and/or

(2) Offer the employee the opportunity to participate in and satisfactorily complete at the employee's expense an appropriate employee assistance program or rehabilitation program for alcohol and/or drug abuse as a condition of continued employment. An employee who participates in such a program must be informed that 外网天堂 will pursue appropriate disciplinary action if the employee does not satisfactorily complete the prescribed program.

b. A safety-sensitive function is described as any duty related to the safe operation of any vehicle or equipment that requires the operator to possess a commercial driver's license. Vehicles and/or equipment that require the operator to possess a commercial driver's license are, but may not be limited to, the following:

(1) A vehicle with a gross weight rating in excess of 26,000 pounds;

(2) Any vehicle designed to transport more than 16 persons, including the driver;

(3) Any vehicle required to display hazardous material placards.

c. Any employee performing safety-sensitive functions will be required to submit to alcohol and drug testing:

(1) Prior to employment (drug testing only);

(2) Upon reasonable suspicion of alcohol or drug abuse at any time while on duty or reporting for duty;

(3) On an unannounced random basis;

(4) Following an accident when required by Department of Transportation regulation or at the request of the employee's department; or

(5) If allowed to return to duty for a covered position after having been identified by a substance abuse professional as needing assistance in resolving problems with drug or alcohol abuse. Such an employee will be subject to a minimum of six unannounced follow-up drug or alcohol tests at personal expense over the first 12 months following return to duty.

d. Employee using, manufacturing, selling, or possessing any narcotic, drug, or controlled substance on 外网天堂 property is prohibited.

e. An employee shall not enter 外网天堂 property or be in a location where normal 外网天堂 business transactions occur nor report for duty while under the influence of alcohol, drugs, or other controlled substances.

f. Employees taking a legal drug or medication (over-the-counter or by prescription) that may adversely affect judgment, coordination, other senses, or the ability to perform work safely and productively, must notify their supervisor before starting work. In consultation with the Office of Risk Management and Human Resources, the department administrator will decide whether the employee may remain at work and what work restrictions, if any, will apply. Employees found unable to work under this provision must use their sick leave, vacation leave, or leave without pay to cover the time not worked.

7. Leave of Absence for Alcohol or Drug Treatment Program.

a. An employee shall be permitted to take a leave of absence to undergo treatment pursuant to an approved program for alcohol and/or drug abuse. The cost of the program will be entirely at the employee's expense. The leave of absence must be requested prior to:

(1) The commission of any act subject to disciplinary action;

(2) Any alcohol or drug test sample already submitted for testing; or

(3) Being notified to submit to testing.

The request must be sent to the supervisor in writing.

b. Such leaves may be granted on a one-time basis and shall be for a period of up to 90 days unless extended by mutual agreement. While on such leave, the employee will be required to use accrued sick leave, vacation leave, or leave without pay. This provision will not amend or alter any other pending disciplinary action.

c. Within five days after the expiration of the leave of absence for alcohol or drug treatment, the employee must present written certification to the appropriate department showing completion of the specific treatment program attended. The employee shall then submit to the 外网天堂's alcohol or drug tests, and a negative result must be obtained prior to the employee returning to work.

Failure to present certification, submit for testing, or obtain a positive result on the alcohol or drug test is grounds for immediate termination. When the department is notified that the employee tested negative, that person will be allowed to return to work, thus returning from leave of absence. However, this employee shall be required to submit to random alcohol or drug testing whenever there is a departmental request, solely at the discretion of 外网天堂 and in accordance with the law.

8. Notice of Conviction. Any employee who is convicted of violating any federal, state, or local criminal alcohol or drug statute must follow notification requirements outlined in Texas Tech University System Regulation Employee Conduct, Coaching, Corrective Action, and Termination.

9. Right to change policy. 外网天堂 reserves the right to interpret, change, modify, amend, or rescind this policy in whole or in part at any time without the consent of employees.

Attachment A - Employee Consent Form for Alcohol/Drug Testing