Drug, Alcohol, and Medical Testing Guidelines for Commercial Driver's License Holders and Other Identified Positions

Transcription

1 Virgini Polytechnic Institute nd Stte University Drug, Alcohol, nd Medicl Testing Guidelines for Commercil Driver's License Holders nd Other Identified Positions NO Policy Effective Dte: 7/13/1995 Lst Revision Dte: 6/30/2015 Policy Owner: Bryn Grey Policy Author: (Contct Person) Ellen Bnks Affected Prties: Fculty Stff 1.0 Purpose 2.0 Policy 3.0 Procedures 4.0 Definitions 5.0 References 6.0 Approvl nd Revisions 1.0 Purpose Virgini Polytechnic Institute nd Stte University (Virgini Tech) strives to mintin sfe, helthy, efficient workplce free from drug nd lcohol buse. In complince with stte nd university policies, the Omnibus Trnsporttion Employee Testing Act of 1991, nd Deprtment of Trnsporttion (DOT) nd Federl Avition Administrtion (FAA) regultions, Virgini Tech, herefter referred to s the "university," will mintin progrm for testing certin employees for lcohol nd controlled substnces. This progrm will include pre-employment/pre-duty, resonble suspicion, rndom, post-ccident, return-toduty nd follow-up lcohol nd drug testing of pplicnts for employment or current employees who re (1) required to obtin/possess Commercil Driver s License (CDL), (2) identified positions within the Police Deprtment, nd/or (3) pilots. Positions requiring drug/lcohol test will be identified in the position description. Questions relted to this policy or its implementtion should be directed to the Deprtment of Humn Resources. 2.0 Policy In ccordnce with University Policy 1020, Policy on Drug-Free University, employees of the university re prohibited from the unlwful or unuthorized mnufcture, distribution, dispenstion, possession, or use of lcohol or other controlled substnce in university workplces. In ddition to the generl prohibition, employees whose jobs require the possession of commercil driver s license, pilot s license, nd certin positions within the Police Deprtment re subject to drug nd lcohol testing. An exception to this policy pplies if n employee is using controlled substnce s instructed by helth cre provider who hs dvised the employee the substnce will not dversely ffect their bility to do their job. Employees re required to notify their supervisor t once if medicl condition or prescribed drug will dversely impct his/her bility to perform their job duties. Anyone required to obtin/possess commercil driver s license must lso obtin/possess DOT pproved medicl certificte. 2.1 Covered Positions The specific employee/position ctegories covered by this policy nd the type(s) nd frequency of testing pplicble to ech ctegory is defined in the following sub-sections. AND OTHER IDENTIFIED POSITIONS NO

2 Virgini Polytechnic Institute nd Stte University Commercil Driver s License In ccordnce with the Omnibus Trnsporttion Employee Testing Act of 1991, herefter referred to s the Act, cndidtes for employment nd employees in positions requiring commercil driver s license re subject to: verifiction of DOT pproved medicl certificte, pre-employment/pre-duty drug testing, rndom drug nd/or lcohol testing, post ccident drug nd lcohol testing, resonble suspicion drug nd/or lcohol testing, nd the return-to-work nd follow-up testing provisions of this policy Employees who do not mintin the required commercil driver s license cn be terminted Medicl Certifiction To further ensure the sfety of drivers nd the sfety of fculty, stff, students, nd visitors, nyone required to obtin/possess commercil driver s license must lso obtin/possess DOT pproved medicl certificte. Initil job offer nd continution of employment re contingent upon mintining vlid license nd ctive medicl certificte. The deprtment supervisor is responsible for initil verifiction nd ongoing confirmtion of vlid CDL nd medicl certifiction. If medicl conditions rise tht prevent n employee from performing his/her job duties, the employee nd supervisor should work with senior mngement, the university ADA Coordintor nd/or the Return to Work Coordintor in the Division of Humn Resources, nd the helth cre provider to determine if ccommodtions cn be mde Drug nd Alcohol The use of lcoholic beverges is prohibited during the four hours prior to operting commercil vehicle. An employee whose lcohol concentrtion is greter thn 0.02 my not operte commercil vehicle. No supervisor hving ctul knowledge tht n employee hs used lcohol or controlled substnces within the four hours prior to reporting to work, knowledge of on-duty possession of lcohol or controlled substnces, knowledge of on-duty lcohol or drug use, or knowledge of employee impirment shll permit driver to operte stte owned/lesed vehicle. Rndom testing shll be performed throughout the yer for lcohol (t rte of 10 percent of the verge number of positions requiring CDL ech clendr yer) nd controlled substnces (t rte of 50 percent of the verge number of positions requiring CDL ech clendr yer.) Urine will be nlyzed for the presence of Schedule 1 controlled substnces nd illegl or prohibited substnces such s mrijun, cocine, heroin, etc Contrctors nd Occsionl Hires Contrctors who operte university/stte owned/lesed vehicles (where CDL is required) t the direction of or with the consent from the university re subject to pre-duty drug nd lcohol testing s well s the required medicl certifiction. AND OTHER IDENTIFIED POSITIONS NO

3 Virgini Polytechnic Institute nd Stte University Exceptions A driver who is hired on n occsionl bsis, but more thn once yer to operte stte owned/lesed vehicle (ex: bus drivers for specil trips) nd who is covered by the testing progrm of nother employer, must provide evidence once every six months tht he/she hs prticipted in n lcohol nd drug testing progrm which stisfies the regultions of the Act. Supervisors re responsible for notifying the Division of Humn Resources of employees hired on n occsionl bsis. All of the following informtion must be obtined from the progrm in which the driver is prticipnt: nme nd ddress of the testing progrm, verifiction tht the employee is prticipnt, verifiction tht the progrm conforms to the regultions, verifiction tht the driver is qulified under the regultions including documenttion tht the driver hs not refused to be tested, verifiction of the dte the driver ws lst tested, nd the results of ny tests tken nd/or violtions within the previous six months Pilots In ccordnce with the Federl Avition Administrtion, herefter referred to s the FAA, cndidtes for employment nd employees in positions requiring pilot s license re subject to: pre-employment/pre-duty drug testing, rndom drug nd/or lcohol testing, post ccident drug nd lcohol testing, resonble suspicion drug nd/or lcohol testing, nd the return-to-work nd follow-up testing provisions of this policy. The use of lcoholic beverges is prohibited during the eight hours prior to operting n ircrft. No supervisor hving ctul knowledge tht n employee hs used lcohol or controlled substnces within the eight hours prior to reporting to work, knowledge of on-duty possession of lcohol or controlled substnces, knowledge of on-duty lcohol or drug use, or knowledge of employee impirment shll not permit pilot to operte n ircrft. Rndom testing shll be performed throughout the yer for lcohol (t rte of 25 percent of the verge number of positions requiring pilot s license ech clendr yer) nd controlled substnces (t rte of 50 percent of the verge number of positions requiring pilot s license ech clendr yer.) Urine will be nlyzed for the presence of Schedule 1 controlled substnces nd illegl or prohibited substnces such s mrijun, cocine, heroin, etc Police In ccordnce with the Virgini Tech Police Deprtment Directives Mnul, cndidtes for employment in identified positions nd employees in identified positions re subject to: pre-employment/pre-duty drug testing, rndom drug nd/or lcohol testing, post ccident drug nd lcohol testing AND OTHER IDENTIFIED POSITIONS NO

4 Virgini Polytechnic Institute nd Stte University resonble suspicion drug nd/or lcohol testing, nd the return-to-work nd follow-up testing provisions of this policy. The use of lcoholic beverges is prohibited during the four hours prior to performing job duties. An employee whose lcohol concentrtion is greter thn 0.02 my not perform the duties of his/her job. Rndom testing shll be performed throughout the yer for lcohol (t rte of 10 percent of the verge number of identified positions ech clendr yer) nd controlled substnces (t rte of 50 percent of the verge number of identified positions ech clendr yer). Urine will be nlyzed for the presence of Schedule 1 controlled substnces nd illegl or prohibited substnces s defined by the Virgini Tech Police Deprtment Directives Mnul. 2.2 Testing Methods The testing vendor will conduct drug nd lcohol testing in ccordnce with pplicble federl guidelines. A urine test for controlled substnces will be nlyzed for the presence of controlled substnces defined by the pproprite employment type (CDL, police, or pilot.) Confirmtion testing will be provided vi gs chromtogrphy/mss spectrometry. Alcohol testing will be performed using n evidentil breth test operted by trined breth lcohol technicin. 2.3 Pre-employment/Pre-duty Testing Every individul offered employment in position covered by this policy shll pss drug test s condition of employment. Employees promoted, demoted, or trnsferred from position not covered by this policy to position covered by this policy on temporry or continuing bsis shll be required to pss drug test prior to ssuming the duties of the position. Contrctors who operte university owned/lesed commercil vehicles or ircrft t the direction of or with the consent of the university must certify complince with DOT or FAA testing progrm. Certifiction should be mde to the university deprtment uthorizing use. Employees using CDL must lso possess nd provide vlid license nd DOT medicl certifiction. The hiring officil will review nd document verifiction prior to the employee driving stte owned/lesed vehicle nd will obtin employee s signture on the Proper Use of Stte Vehicle form (FS-2CDL). The form will be mintined in the deprtmentl file nd copy given to the employee. 2.4 Rndom Testing Those covered by this policy re subject to rndom testing performed throughout the yer for lcohol nd controlled substnces. Three seprte testing pools will be mintined: commercil driver s license (CDL), pilots, nd police. AND OTHER IDENTIFIED POSITIONS NO

5 Virgini Polytechnic Institute nd Stte University The Division of Humn Resources will mintin position pools for ech group subject to rndom testing. Pools will be smpled seprtely t the designted rtes. Employees who fll into two or more ctegories subject to rndom testing will be plced into multiple pproprite pools bsed on their positions. For instnce, n employee whose position requires commercil driver s license nd is lso designted s police officer will be plced into both the CDL pool nd the police pool. Supervisors re responsible for notifying the Division of Humn Resources when n employee needs to be dded or removed from testing pool. 2.5 Post-Accident Testing As soon s prcticble following work relted nd/or stte owned/lesed motor vehicle ccident involving covered employee, the employee(s) involved will be tested for controlled substnces nd lcohol if: (1) the employee ws performing job-relted function nd the ccident involved the loss of humn life. nd/or (2) the employee receives cittion under stte or locl lw for moving trffic violtion rising out of the ccident. Post-ccident tests for lcohol should be dministered within two hours nd no lter thn eight hours following the ccident. Drug tests should be dministered no lter thn 32 hours following the ccident. Employees re prohibited from using lcohol or non-prescribed controlled substnces until testing is performed or the bove time frmes hve expired. Employees involved in n ccident while operting stte owned/lesed vehicle or involved in work relted ccident must notify their immedite supervisor s soon s possible. Filure to report n ccident will result in disciplinry ction under the Deprtment of Humn Resources Mngement Stndrds of Conduct, the Virgini Tech Stff Hndbook, or the Virgini Tech Fculty Hndbook. 2.6 Resonble Suspicion Covered employees who disply physicl, behviorl or performnce indictors reflecting the ppernce of being under the influence of controlled substnces or lcohol my be subject to drug nd/or lcohol testing. No supervisor hving ctul knowledge or resonble suspicion of pre-duty use, on-duty possession, on-duty use, or impirment shll permit covered employee to work under the influence of controlled substnces nd/or lcohol. 2.7 Return to-duty Testing Employees who hve violted the drug or lcohol rules must be re-tested before returning to work. A negtive drug test nd n lcohol concentrtion of less thn 0.02 re required. Supervisors should work with the Division of Humn Resources to coordinte re-test, nd to confirm the test results. 2.8 Follow-up Testing Employees subject to the provisions of this policy who hve tested positive for controlled substnces or lcohol will lso be subject to minimum of six unnnounced follow-up tests over the twelve months following their positive test result. The return-to-duty test does not serve s follow-up test. The Division of Humn Resources will coordinte the dtes nd times of these follow-up tests with the deprtment. AND OTHER IDENTIFIED POSITIONS NO

6 Virgini Polytechnic Institute nd Stte University 2.9 Notifiction of Results For lcohol testing, the testing site will only notify Humn Resources if the test results re positive. Employees will be informed of lcohol breth test results immeditely upon completion t the testing site. For drug testing, Humn Resources will be notified vi phone or electroniclly of the results, whether positive or negtive, s soon s received from the lb. The Division of Humn Resources will rely the results of the testing to the pproprite supervisor or mnger, who will inform the employee Record Keeping Medicl testing records will be mintined in secured file with the testing vendor. All files will be mintined in ccordnce with federl/stte guidelines Disciplinry nd Corrective Action Any covered employee who commits violtion of this policy shll be subject to the full rnge of disciplinry ctions up to nd including termintion of employment. Refusl to submit to required testing (rndom, resonble suspicion, post-ccident, return-to-duty, or follow-up) is cuse for disciplinry ction up to nd including termintion of employment. Covered employees re required to notify their supervisor t once if they receive ny trffic violtion, driving conviction, or hve revoction, suspension, or restriction of their license. Filure to notify is cuse for disciplinry ction up to nd including termintion of employment. Covered employees re required to notify their supervisor t once if they re tking ny mediction or hve ny medicl condition tht my impct their bility to perform their job duties (drive, pilot). Notifiction is lso required t once if employees experience ny chnge in their medicl certifiction. Filure to notify is cuse for disciplinry ction up to nd including termintion of employment Referrls An employee subject to provisions in the policy who tests positive for lcohol or controlled substnces nd is llowed to continue employment with the university must be evluted by substnce buse professionl within the timefrme estblished by their supervisor. First time offenders who test positive for lcohol or controlled substnces my be referred to the Employee Assistnce Progrm (or other pproprite progrm) for evlution by substnce buse professionl nd referrl to n pproprite counseling center nd/or tretment progrm. Employees who re referred to counseling or tretment progrm must be re-evluted by substnce buse professionl following completion of the progrm. The supervisor nd employee must work with the Division of Humn Resources to initite signed relese by the employee uthorizing the Division of Humn Resources to receive informtion regrding the employee's ttendnce nd progress in counseling nd/or tretment progrm. AND OTHER IDENTIFIED POSITIONS NO

7 Virgini Polytechnic Institute nd Stte University 3.0 Procedures 3.1 Pre-employment Employment into position requiring pre-employment drug test is contingent upon pssing the screening test.. The hiring officil is responsible for scheduling the pre-employment drug screening nd for notifying the Division of Humn Resources of the ppointment dte nd time. b. The results of the drug testing must be received in the Division of Humn Resources before the individul cn begin employment t the University or (if trnsferring) be plced into the covered position. c. If the individul tests positive for illegl use of controlled substnces, the conditionl offer of employment will be rescinded. 3.2 Rndom Testing The testing vendor will select employees for rndom testing using scientificlly vlid rndom method.. Supervisors will be notified by the Division of Humn Resources of the upcoming test. b. The supervisor will schedule the ppointment for dte nd time tht the selected employee is vilble. c. The supervisor will notify the employee of the ppointment no more thn two hours prior to the scheduled time. d. The employee must report for testing within two hours. e. Resons for not reporting for testing such s employee is too busy or cnnot be reched by phone becuse they re en route to nother work loction re not considered emergency situtions; nd, therefore re not cceptble resons for filing to report to the testing site on time. f. The testing fcility will report test results to the Division of Humn Resources, who will notify the pproprite supervisor or mngement contct. g. If results re positive, the Division of Humn Resources Employee Reltions stff will work with the supervisor nd senior mngement to determine pproprite course of ction (referrl, disciplinry ctions, suspension, termintion, etc.). h. If n employee with positive result is llowed to continue employment, return to work nd continution of ppointment re contingent upon complince with Sections 2.7, 2.8 nd Post-Accident The employee is responsible for notifying the supervisor immeditely following qulifying ccident s defined in Section 2.5, bove.. The supervisor should contct the testing fcility to schedule the drug/lcohol test s soon s possible. b. In most cses, the employee should be trnsported by the supervisor or someone else to the testing fcility. c. If the employee refuses to be trnsported but decides to drive her/himself, the supervisor must notify the Police Deprtment nd the Division of Humn Resources Employee Reltions tem. d. Employees my not return to work on the dy of the test unless the results re negtive. e. Employees who re tested re typiclly plced on pid dministrtive leve pending receipt of the test results. AND OTHER IDENTIFIED POSITIONS NO

8 Virgini Polytechnic Institute nd Stte University f. The testing fcility will report test results to the Division of Humn Resources, who will notify the pproprite supervisor or mnger. g. If results re positive, Employee Reltions will work with the supervisor nd senior mngement to determine pproprite course of ction (referrl, disciplinry ctions, suspension, termintion, etc.). h. If n employee with positive result is llowed to continue employment, return to work nd continution of ppointment re contingent upon complince with Sections 2.7, 2.8 nd Resonble Suspicion The supervisor should document observed behvior nd, if possible, hve t lest one other supervisor confirm behvior.. During regulr business hours, supervisor should contct the Division of Humn Resources Employee Reltions tem to seek pprovl to tke the employee for testing. b. If fter business hours, the supervisor should contct deprtment hed or other designee for pprovl to tke the employee for testing. c. The supervisor coordintes the testing ppointment nd rrnges for trnsporttion of employee to the testing fcility. d. No employee suspected of being under the influence of controlled substnces or lcohol will be llowed to trnsport himself/herself to the testing fcility. e. If the employee refuses to be trnsported but decides to drive himself/herself, the supervisor must notify the Police Deprtment nd the Division of Humn Resources Employee Reltions tem. f. After testing, the supervisor should rrnge for trnsport of the employee to his/her home. g. Employees tested for resonble suspicion my not return to work on the dy of the test unless the results re negtive. h. Employees who re tested re typiclly plced on pid dministrtive leve pending the outcome of the test results. i. The testing fcility will report test results to the Division of Humn Resources, who will notify the pproprite supervisor or mnger. j. If results re positive, Employee Reltions will work with the supervisor nd senior mngement to determine pproprite course of ction (referrl, disciplinry ctions, suspension, termintion, etc.). k. If n employee with positive result is llowed to continue employment, return to work nd continution of ppointment re contingent upon complince with Sections 2.7, 2.8 nd Drug & Alcohol Testing Fcility The Division of Humn Resources works with other deprtments on cmpus (such s Environmentl Helth nd Sfety nd Procurement) to estblish contrcted vendors for drug nd lcohol testing in complince with this Policy. Plese refer to the Division of Humn Resources website ( for the most current contct informtion nd detiled instructions. University loctions outside of Blcksburg should contct the locl site director for testing fcility informtion. The Division of Humn Resources in Blcksburg my lso be reched t or HRServiceCenter@vt.edu. AND OTHER IDENTIFIED POSITIONS NO

9 Virgini Polytechnic Institute nd Stte University 4.0 Definitions CDL Commercil Driver s License DOT/VDOT [United Sttes or Virgini, respectively] Deprtment of Trnsporttion. DOT Medicl Certifiction A Deprtment of Trnsporttion (DOT) physicl exmintion conducted by licensed "medicl exminer to determine if driver is mediclly ble to perform the functions of driving. FAA Federl Avition Administrtion Schedule 1 Substnce drug, substnce, or chemicl defined s controlled substnces by the United Sttes Deprtment of Justice Drug Enforcement Administrtion (U.S. DoJ, DEA) with no currently ccepted medicl use nd high potentil for buse. A list of qulifying substnces nd dditionl informtion cn be found t: or Testing vendor - contrcted source to dminister lcohol nd controlled substnce testing in ccordnce with the regultions issued by the Deprtment of Trnsporttion (49 CFR Prts 40 nd 382). 5.0 References Fculty Hndbook Stff Hndbook United Sttes Deprtment of Trnsporttion, Omnibus Trnsporttion Employee Testing Act of United Sttes Deprtment of Trnsporttion, Title 49 - Code of Federl Regultions, Prt 40: Procedures for Trnsporttion Workplce Drug nd Alcohol Testing. or United Sttes Deprtment of Trnsporttion, Title 49 - Code of Federl Regultions, Prt 382: Controlled Substnces nd Alcohol Use nd Testing Virgini Deprtment of Humn Resource Mngement, Policy 1.05, Alcohol nd Other Drugs AND OTHER IDENTIFIED POSITIONS NO

10 Virgini Polytechnic Institute nd Stte University Virgini Deprtment of Humn Resource Mngement, Policy 1.60, Employee Stndrds of Conduct nd Performnce Policy on Drug-free University, University Policy Approvl nd Revisions Approved July 13, 1995 by Associte Vice President for Personnel nd Administrtive Services, Ann Spencer. Revision 1 Section 2.1. Pre-Employment/Pre-Duty Testing - Chnges mde to reflect tht Pre-employment lcohol testing is no longer required. Section 2.8. Follow-up Testing ws dded for employees who previously tested positive for drugs or lcohol. Section 2.6. Disciplinry Action to provide clrifiction nd insure consistency. Section 3.3. Notifiction of Results ws expnded to provide more informtion nd clrifiction. Approved October 25, 1996, by Associte Vice President for Administrtive nd Personnel Services, Ann Spencer. Revision 2 Section 2.2. Rndom testing for lcohol ws chnged from 25 percent to rte of 10 percent of the verge number of driver positions ech clendr yer. This coincides with the new rndom lcohol-testing rte estblished by the Deprtment of Trnsporttion Federl Highwy Administrtion in Approved Februry 3, 1999, by Director of Personnel Services, Lind Woodrd. Revision 3 Updted throughout to include requirement for medicl certifiction of individuls whose jobs require use of CDL. Added pilots nd certin Police Deprtment positions to the drug/lcohol testing requirements, in ccordnce with existing prctice nd industry stndrds. Reordered sections for clrity. Approved June 2, 2015 by the University Sfety nd Security Policy Committee. Approved June 30, 2015 by University President, Timothy D. Snds AND OTHER IDENTIFIED POSITIONS NO