13.8.7, Drug and Alcohol Testing for Positions Requiring a Commercial Driver's License

(Approved by the Executive Vice President by authority of Executive Order No. 5)

7. Corrective Action

a. Counseling and Rehabilitation Services

The University cares about its employees and encourages employees to voluntarily participate in treatment for alcohol or drug abuse. Alcoholism and drug dependency are viewed as treatable illnesses which may be successfully managed. The University encourages employees to seek treatment voluntarily and will arrange for referral to an appropriate professional through its employee assistance program. Any employee who voluntarily notifies the employer of alcohol and/or controlled substance abuse problems will be given the same opportunity to seek assistance that is extended to employees with any other illness. Sick leave, vacation leave, compensatory time, or reasonable leave of absence without pay may be granted for substance abuse treatment.

Employees are also encouraged to contact the University's Benefits Office for help in understanding insurance benefits, when participating in treatment. Confidentiality will be maintained to the greatest extent possible at all times.

b. Controlled Substance Testing

A positive test result indicating the presence of a controlled substance constitutes a violation of this policy, of RCW 46.25.120, and the Omnibus Transportation Employee Testing Act of 1991. When the University is made aware of such a violation, the following corrective action will be taken:

The employee will be immediately relieved from all safety sensitive duties. At the University's discretion, and based on the availability of alternate work assignments, the University may direct the employee to return home. Arrangements will be made to safely transport the individual home.
For any time the employee is required to be off the job, he or she may request and be granted accrued paid leave (i.e., sick leave, vacation leave, or compensatory time). If the employee does not specify the type of paid leave to be taken, or if the employee does not have paid leave accrued, he or she will be placed on leave without pay.
The employee will be referred by the University to an appropriate professional through its employee assistance program for evaluation and for development of a return-to-work agreement, and a treatment plan, if necessary. The employee is required to pass a return-to-duty drug test and receive clearance from the substance abuse professional prior to returning to duty. Initial assessment, case management, and follow-up services with a substance abuse professional will be at no cost to the employee.

The University will take appropriate corrective action if the employee fails to meet with the substance abuse professional and/or does not successfully complete all elements of the return-to-work plan.

The University will evaluate the need for and take the appropriate corrective action up to and including dismissal.
Upon return to duty, the employee will undergo follow-up testing (in addition to any ongoing random testing) which will include at least six follow-up tests during the first 12 months. At the discretion of the substance abuse professional and the University, such random testing may continue for up to 60 months after the employee's return to safety sensitive work.

c. Alcohol Testing

Alcohol Concentration of 0.02 to 0.039—Alcohol concentration of 0.02 to 0.039 constitutes a violation of this policy and the Uniform Commercial Driver's Act, RCW 46.25.110(1) which reads in part, "a person may not drive, operate, or be in physical control of a commercial motor vehicle while having alcohol in his or her system." When the University is made aware of such a concentration by the testing contractor, the following correction action will be taken:

The employee will be immediately relieved from all safety sensitive duties for 24 hours. Arrangements will be made to safely transport the individual home.
For any time the employee is required to be off the job, he or she may request and be granted accrued paid leave (i.e., sick leave, vacation leave, or compensatory time). If the employee does not specify the type of paid leave to be taken, or if the employee does not have paid leave accrued, he or she will be placed on leave without pay.
The employee will be referred to a substance abuse professional for evaluation and for development of a return-to-work agreement, and a treatment plan, if necessary. The employee is required to pass a return-to-duty alcohol test prior to returning to duty. The employee will be referred to a substance abuse professional through the University's employee assistance program. Initial assessment, case management, and follow-up services with a substance abuse professional provided through the University's employee assistance program will be at no cost to the employee.

The University will evaluate the need for and take the appropriate corrective action up to and including dismissal.

Alcohol Concentration of 0.04 or Greater—Alcohol concentration of 0.04 or greater constitutes a violation of this policy, of RCW 46.25.120, and the Omnibus Transportation Employee Testing Act of 1991. When the University is made aware of such a violation by the testing contractor, the following corrective action will be taken:

The employee will be immediately relieved from all safety sensitive duties. At the University's discretion, and based on the availability of alternate work assignments, the University may direct the employee to return home. Arrangements will be made to safely transport the individual home.
For any time the employee is required to be off the job, he or she may request and be granted accrued paid leave (i.e., sick leave, vacation leave, or compensatory time). If the employee does not specify the type of paid leave to be taken, or if the employee does not have paid leave accrued, he or she will be placed on leave without pay.
The employee will be referred to a substance abuse professional for evaluation and for development of a return-to-work agreement, and a treatment plan, if necessary. The employee is required to pass a return-to-duty alcohol test prior to returning to duty. The employee will be referred to a substance abuse professional through University's employee assistance program. Initial assessment, case management, and follow-up services with a substance abuse professional provided through the University's employee assistance program will be at no cost to the employee.

The University will evaluate the need for and take the appropriate corrective action up to and including dismissal.
If the employee is returned to duty, the employee will undergo follow-up testing (in addition to any ongoing random testing) which will include at least six follow-up tests during the first 12 months. At the discretion of the substance abuse professional and the University, such random testing may continue for up to 60 months after the employee's return to safety sensitive work.