PG-53 Driver's Alcohol and Controlled Substance Testing

ADMINISTRATION OF POLICY:

Administration of this policy is the responsibility of the Director of Human Resources and the office with covered employees. Office heads are responsible for ensuring that the creation of any position or the addition of responsibilities requiring a commercial driver's license (CDL) is communicated to the Director of Human Resources. 

TESTING REQUIREMENTS:

Any University employee, required to possess a commercial driver's license (CDL) as a condition of employment, shall be tested for alcohol and/or controlled substances in accordance with the following:

• Pre-Employment Testing: Prior to the first time the covered employee performs safety-sensitive functions for the University. This testing is required for controlled substances only. Pre-employment testing for alcohol is not required;
• Post-Accident Testing: Following an accident if (1) the covered employee was performing a safety sensitive function with respect to the vehicle and the accident involved the loss of human life or (2) the employee received a citation under state or local law for a moving traffic violation arising out of the accident;
• Random Testing: As a covered employee randomly selected for testing any time during any year;
• Reasonable Suspicion: At any time reasonable suspicion exists that the covered employee may have violated the rules for alcohol misuse or controlled substances use of the OTETA and of PG- 47.
• Return-To-Duty Testing: Before the covered employee returns to duty in a safety-sensitive function following violation of the rules for alcohol misuse or controlled substances use of the OTETA and of PG-47.
• Follow-up Testing: As a part of required follow-up testing identified by a substance abuse professional (SAP), wherein a covered employee has returned to duty in a safety-sensitive function following violation of the rules for alcohol misuse or controlled substance use. Under OTETA and PG-47: a minimum of six (6) unannounced follow-up tests will be conducted at an approved medical testing facility, during the first twelve (12) months following an employee's return to duty. A covered employee shall pay for follow-up tests.

DEFINITIONS:

For purposes of this policy, the following definitions will apply:

• "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol including methyl or isopropyl alcohol.
• "Alcohol use (or use of alcohol)" means consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.
• "Alcohol concentration" is the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test.
• "Biological Testing" means the scientific analysis of urine, blood, breath, saliva, hair tissue, and other specimens of the human body for purpose of detecting an illegal drug or alcohol.
• "Breath Alcohol Technician" (BAT) means an individual who instructs and assists in the alcohol testing process and operates an evidential breath testing device (EBTD).
• "Collection site" means a place designated by the University where employees/applicants present themselves for the purpose of providing a specimen of their urine to be analyzed for the presence of alcohol or drugs.
• "Collection site person" means a person who instructs and assists at a collection site and who receives and makes a screening examination of the urine specimen provided by those employees/ applicants.
• "Commercial vehicles" includes any of the following:
  • Class A: Any combination of vehicles with a gross vehicle weight rating (GVWR) of 26,001 or more pounds, provided the vehicle being towed is in excess of 10,000 pounds GVWR.
  • Class B: Any single motor vehicle with a GVWR of 26,001 or more pounds or any vehicle towing a vehicle less than 10,000 pounds GVWR.
  • Class C: Any vehicle with a GVWR of less than 26,001 pounds that is either (a) transporting hazardous materials for which placarding is required, or (b) designed to transport sixteen (16) or more passengers including the driver.
• "Confirmation test" for alcohol testing means a second test, following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled substance, confirmation testing means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy.
• "Contraband" means any article, the possession of which on University premises or while on University business, causes an employee to be in violation of a law, University regulation, policy
• or procedure. Contraband includes but is not limited to illegal drugs, alcoholic beverages and drug paraphernalia.
• "Controlled Substance" means marijuana, cocaine, opiates, amphetamines or phencyclidine.
• "Covered employee" means a Morehead State University employee who performs a safety-sensitive function(s) requiring a commercial driver's license (CDL). These function(s) may constitute part or all of the job duties in the operation of a University owned, leased, or borrowed commercial motor vehicle. The term includes an applicant for employment. Covered employees are University employees (including mechanics who may test drive a repaired vehicle) who operate commercial vehicles (see definition of commercial vehicles) owned or leased by the University.
• "Driver" means any covered employee who operates a Commercial Motor Vehicle (CMV). This includes, but is not limited to: full- time, regularly employed drivers, casual, intermittent, temporary, part-time, or occasional drivers.
• "EBTD or evidential breath testing device" means a device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's Conforming Products List (CPL) of Evidential Breath Measurement Devices.
• "Gas chromatography/Mass Spectrometry (GC/MS)" means the only authorized confirmation method for controlled substances.
• "Medical Review Officer (MRO)" means a licensed physician (medical doctor or doctor of osteopathy) who is responsible for receiving laboratory results generated by the University's alcohol and controlled substance testing program, who has knowledge of substance abuse disorders, and who has appropriate medical training to interpret and evaluate an employee's/applicant's medical history and other relevant biomedical information.
• "Performing a safety-sensitive function" means a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive function.
• "Safety-sensitive function means
  • (a) All the time a covered employee is at a carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the covered employee has been relieved from duty by the covered employee's supervisor.
  • (b) All the time the covered employee is inspecting equipment as required by DOT regulations or otherwise inspecting, servicing, or conditioning any CMV at any time.
  • (c) All driving time as defined in the term driving time in this regulation.
  • (d) All the time, other than driving time, in or upon any Commercial Motor Vehicle (CMV) except time spent resting in a sleeper berth as defined by DOT regulations.
  • (e) All the time a covered employee is loading or unloading or supervising or assisting in the loading or unloading of a CMV, attending a CMV being loaded or unloaded, remaining in readiness to operate the CMV, or in giving or receiving receipts for shipments loaded or unloaded.
  • (f) All the time spent by a covered employee performing the driver requirements of DOT regulations relating to accidents.
  • (g) All the time spent by a covered employee repairing, obtaining assistance, or remaining in attendance upon a disabled CMV.
• "Screening test (or initial test)," in controlled substance testing, is an immunoassay screen to eliminate "negative" urine specimens from further analysis. In alcohol testing, an analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen.
• "Substance Abuse Professional" means a licensed physician or licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.

ALCOHOL VIOLATIONS:

For alcohol violations, the federal law mandates the following minimum sanctions:

• (a) A covered employee with an alcohol concentration of 0.02 or greater but less than 0.04 shall not be permitted to perform safety- sensitive functions until the next scheduled duty period, but not less than twenty-four (24) hours following administration of the initial test. However, federal law states such employee shall be prohibited from driving for a period of one (1) year when the employee has been involved in a fatal accident.
• (b) A covered employee with an alcohol concentration of 0.04 or greater shall not drive a commercial motor vehicle for a period of sixty (60) consecutive days.
• (c) A covered employee who, during any three-year period, is found to have an alcohol concentration of 0.04 or greater in two separate incidents may not drive for a period of 60 consecutive days.
• (d) A covered employee with an alcohol concentration of 0.04 or greater three (3) or more times during any three year period shall not drive for a period of one hundred twenty (120) consecutive days.
• (e) In addition to any driving prohibitions, a covered employee with an alcohol concentration of 0.04 or greater may not perform any safety-sensitive function until the employee has been evaluated by a substance abuse professional (SAP), completed any rehabilitation required by the SAP, and tested at less than 0.02 for the presence of alcohol.

CONTROLLED SUBSTANCE VIOLATION:

For controlled substance violations, the federal law mandates the following minimum sanctions:

• (a) For any offense, a covered employee shall be referred to a substance abuse professional (SAP) and shall submit a urine specimen that has a "negative" result prior to returning to duty.
• (b) For a second offense within a three (3) year period, a covered employee shall not drive a commercial vehicle for sixty (60) consecutive days.
• (c) For a third offense or greater within a three (3) year period, a covered employee shall not drive a commercial vehicle for one hundred twenty (120) consecutive days.
• (d) Any covered employee who refuses to be tested shall not drive a commercial vehicle for a minimum of one (1) year and until he/she has submitted a urine specimen that produces a "negative" result.

TESTING PROCEDURES:

Any covered employee who is being tested for alcohol and controlled substance use shall be notified where and when to report for testing under the following procedures:

Pre-Employment: An applicant being considered for hire into a safety-sensitive function shall be notified by the hiring office or the Director of Human Resources where and when to report for controlled substance testing. Federal law provides that results of the test shall indicate "negative" for controlled substances prior to an offer being extended for employment in the position.

Post-Accident: Any surviving covered employee who is involved in an accident, in which the employee was performing a safety-sensitive function with respect to the vehicle and (1) the accident involved the loss of human  life or (2) the employee received a citation for a moving traffic violation arising out of the accident, shall immediately proceed to the nearest approved medical facility for alcohol and controlled substance testing. In the event the covered employee is physically unable or otherwise detained by municipal authorities from proceeding immediately to an approved test site, an appropriately designated University official shall be notified as soon as possible so other arrangements can be made in a timely manner. The appropriate University official will instruct the employee when and where to report for required testing under the law.

Random Testing: Random testing for controlled substances shall be conducted throughout each year. A minimum of twenty-five percent (25%) of all covered employees will be tested for alcohol use. A minimum of fifty percent (50%) of all covered employees will be advised where and when to report for testing. Usually, a covered employee shall be tested during the employee's normal work hours. Random testing dates and times shall be unannounced and scheduled with unpredictable frequency throughout the year.

Reasonable Suspicion: If an appropriate University official determines a reasonable suspicion exists that a covered employee has violated the rules for alcohol misuse or controlled substances use, the employee shall be required to be tested for alcohol misuse or substance use. Any employee identified will be advised where and when to report for testing. Testing shall be conducted during an employee's normal work hours.

After Violation of Rules: Following a violation of the rules of the OTETA or PG-47, a covered employee shall be evaluated and tested for alcohol misuse or controlled substance use prior to returning to a safety-sensitive function. The employee's test results shall indicate an alcohol concentration of less than 0.02 and/or a "negative" result for controlled substance use for the covered employee to be permitted to return to work in a safety-sensitive function.

After Alcohol and/or Substance Abuse Referral: A covered employee, who has been identified by a substance abuse professional as needing assistance in resolving problems with alcohol misuse and/or controlled substance use and who has returned to duty involving the performance of a safety-sensitive function, shall be subject to a minimum of six (6) unannounced follow-up tests for controlled substances over the first twelve (12) months following the employee's return to duty. A covered employee will be told by the office supervisor or the appropriate Human Resources official, upon notification from the testing entity, where and when to report for testing throughout the twelve (12) months.

Failure to Report for Testing: Any covered employee/applicant scheduled for testing, who does not report for testing within one (1) hour following the scheduled appointment time, shall be presumed to have refused to be tested and shall not drive a commercial vehicle for a minimum of one (1) year. Any covered employee, who is involved in an accident in which the employee is performing a safety-sensitive function and who does not submit to testing, shall be presumed to have refused testing and shall not drive a commercial vehicle for a minimum of one year.

Absence During Random Testing: A covered employee, who has been on a layoff or who is off work for sick leave, annual leave, etc., during which the employee was not subject to random testing, shall submit to alcohol and controlled substance testing when returning to work.

TESTING ADMINISTRATION:

The names and locations of approved facilities will be provided to covered employees upon implementation of this policy. Changes to the approved list of test sites will be provided to covered employees in a timely fashion. This notice may include use of a mobile van or another approved on-site testing facility.

• Alcohol and controlled substance tests shall be administered as follows:
• Alcohol: A covered employee shall be tested for alcohol by a trained breath alcohol technician utilizing an Evidential Breath Testing Device (EBTD).
• Controlled Substances: A covered employee being tested for controlled substances shall be required to provide a urine sample which will be split into two bottles by a collection site employee. The collection site employee will complete a chain of custody form and ship both bottles to a Department of Health and Human Services (DHHS) certified laboratory for analysis.

TEST RESULTS:

Test results are communicated by the approved medical testing facility to the Director of Human Resources as soon as possible following the administering of the test. In a timely manner, following notification by the Human Resources official, the immediate supervisor will communicate the test results, in writing, to the covered employee/applicant.

Procedures for Positive and Negative Test Results

If the test results do not indicate alcohol misuse or controlled substance use, the employee may continue performing safety-sensitive functions as scheduled.

If the test results indicate alcohol misuse or controlled substance use, the employee will be referred to a substance abuse professional (SAP) for assistance and will be subject to appropriate disciplinary action under University policies PG-47, PSE-7, and PSNE-8.

If the test results do not indicate alcohol misuse or controlled substance use, the applicant for a position requiring a CDL may continue to be considered for the position.

If the test results indicate alcohol misuse or controlled substance use, the applicant will not be considered for employment in the CDL required position.

All test results shall be recorded and communicated in a confidential manner. The Medical Review Officer (MRO) will discuss a test result indicating controlled substance use with the affected covered employee/applicant to ascertain whether the covered employee/ applicant is taking prescription drugs. A test of the split urine sample will be conducted as appropriate under the Omnibus Transportation Employee Testing Act of 1991. It should be noted that the use of prescription drugs which may affect one's ability to perform a safety- sensitive function is a violation of federal law and University policy.

Retention of Test Results

Negative test results shall remain on file for a period of one (1) year with the approved medical testing facility, with which the University has a contract to provide testing and record keeping. All records relating to the collection process and training shall be kept on file with the approved medical testing facility for two (2) years.

Records of any alcohol test results indicating an alcohol concentration of 0.02 or greater, documentation of refusals to take required alcohol tests, equipment calibration documentation, and documentation of employee evaluations and referrals shall be retained for a period of five (5) years by the approved medical testing facility.

Records of covered employee verified "positive" controlled substance test results, documentation of refusals to take a required controlled substance test, and documentation of employee evaluations and referrals shall be retained for a period of five (5) years by the approved medical testing facility. 

CONFIRMATION OF ALCOHOL MISUSE OR CONTROLLED SUBSTANCE USE:

Following confirmation that a covered employee has tested 0.02 or greater for alcohol or "positive" for controlled substance use, the employee shall be removed from any safety-sensitive function; the supervisor shall consult with the Director of Human Resources to determine the appropriate action under the law and University policy. The covered employee shall be subject to appropriate disciplinary action up to and including termination under PG-47.

TESTING COSTS:

All costs associated with alcohol and controlled substance testing shall be paid by the office which employs a covered employee or is recruiting for an approved CDL required position, except that a covered employee shall pay for any follow-up tests. The amount charged will be provided in a schedule in accordance with the University's contract with an approved medical testing facility.

Costs for testing by any medical facility other than the approved medical testing facility shall be determined by that particular medical facility and shall be paid by the department, except that a covered employee shall pay for any follow-up testing. 

TRAINING:

Any University official designated to determine whether or not reasonable suspicion exists to conduct an alcohol misuse and/or controlled substance use test shall receive sixty (60) minutes of training on alcohol misuse and an additional sixty (60) minutes of training on controlled substances use to assist him/her in determining whether reasonable suspicion exists to require an employee to undergo testing.

The training will cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and/or controlled substance use.