13.8.6, 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)

a. Confidentiality and Privacy

Confidentiality and privacy will be maintained to the greatest extent possible throughout all stages of the testing process as well as the reporting of test results.

b. Types of Testing

1)		Preduty Testing—Candidates offered positions performing work covered by federal regulations will undergo urine drug testing prior to performing CDL driving duties. The job offer shall be conditioned on the results of this drug test. Arrangements for this testing will be made by the University. Satisfactory test results (negative on controlled substances) are required as a condition of employment (documentation of satisfactory test results within the last six months from a previous employer is acceptable). Temporary employees will undergo such testing prior to each term of employment when more than six months has elapsed since a previous satisfactory test. Failure to pass will disqualify an applicant.
2)		Reasonable Suspicion Testing—Reasonable suspicion must be based on specific contemporaneous, describable observations concerning the appearance, behavior, speech, or body odors of the employee. Referral for such testing will be made on the basis of facts and circumstances documented by a supervisor who has attended required training, or by a higher level supervisor or manager who also has attended the required training. A written record will be made of the observations used as the foundation for such a test. To the extent reasonably possible, requests for union representation will be honored during this process.
3)		Postaccident Testing—Covered employees are required by federal regulations to be tested for drugs and alcohol if they are involved in an accident on a public road that results in:

A fatality; or
An injury which requires treatment away from the scene and the covered employee receives a citation under state or local law; or
A vehicle that is not drivable after making simple repairs during daylight, and the covered employee receives a citation under state or local law.

Following such an accident, the University will arrange for testing the employee as soon as possible (ideally within two hours, but not to exceed eight hours for alcohol testing and 32 hours for drug testing). Employees involved in accidents must remain available for testing and must refrain from alcohol and drug use following the accident until a drug and alcohol test is administered. However, this does not require the delay of necessary medical attention for injuries or prohibit a covered employee from leaving the scene of an accident if necessary to obtain assistance to respond to the accident or to obtain emergency medical care. In such instances, the employee will be transported to the testing site. Employees who leave the scene of an accident inappropriately will be considered to have refused the test and will be subject to appropriate corrective action, up to and including dismissal.

Random Testing—Covered employees are subject to random, unannounced drug and alcohol testing spread reasonably throughout the calendar year. Random controlled substance testing will be conducted at an annualized rate of 50 percent of covered employees and random alcohol testing will be conducted at an annualized rate of ten percent of covered employees. The base for determining these percentages will be the number of full-time equivalents (FTEs) assigned to covered work. Random tests of employees will be determined solely by the testing contractor using a scientifically valid method to ensure randomness. The random testing rate is based on standards of the federal Highway Administration and may be adjusted from time to time.

Return-To-Duty and Follow-Up Testing—All employees who test positive on a drug or alcohol test must test negative prior to returning to safety sensitive work. Such employees will also be required to undergo follow-up drug and alcohol testing which shall include at least six unannounced, follow-up tests during the first 12 months after returning to work, in addition to any ongoing random testing. At the discretion of the substance abuse professional and the University, such follow-up testing may be extended for up to 60 months after the employee's return to work. Return-to-duty and follow-up testing will be at the employee's expense.

c. Compliance With Testing

Any covered employee who refuses to comply with a request for testing, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution shall be in violation of this policy. Refusal to comply may include an inability to provide a specimen or breath sample without a valid medical reason or failure to proceed immediately to the collection site (unless dispatched by the supervisor for an emergency). Such refusals will be treated as insubordination, a willful violation of policy, and as grounds for corrective action.

d. Retests and Observed Tests

When insufficient volume or breath provides an inadequate sample or the collection technician has reason to suspect tampering with the sample, another urine or breath sample may be required. If tampering is suspected, the second collection may be under observed conditions. Documented instances of tampering will be treated as insubordination, a willful violation of policy, and as grounds for corrective action.

e. Methodology of Testing

Testing will be conducted in such a way as to ensure maximum accuracy and reliability by using the techniques, chain of custody procedures, equipment, and laboratory facilities which have been approved by the U.S. Department of Health and Human Services as specified in the federal regulations (49 CFR Part 40). Both alcohol and drug testing will be conducted in an environment which affords personal privacy to the maximum extent practicable.

1)	Controlled Substance Testing Methodology—

a)	Initial Testing—Analytical urine testing will be conducted for controlled substances including marijuana, cocaine, opiates, amphetamines, and phencyclidine at a laboratory that the U.S. Department of Health and Human Services has certified for DOT drug testing. An initial drug screen will be conducted on each specimen (after a split sample is segregated by the collector). Negative tests are reported confidentially and in a timely manner to the University.
b)	Confirmation Testing—For those specimens that screen positive, a confirmation test using gas chromatography/mass spectrometry will be performed. If the confirmation test is negative, the results will be reported confidentially and in a timely manner to the University. If the confirmation test is also positive, the test results will be provided to the MRO.
c)	The Medical Review Officer's Procedures—The MRO will complete the following steps: Review the chain of custody to ensure proper handling and identification of the sample. Review the initial screening test and confirmation test to ensure the accuracy of the reported testing results. Contact the employee to notify him or her of the confirmed, positive test result and provide him or her an opportunity (in person or over the telephone) to discuss the result and provide possible explanations of the test result.
		In carrying out these duties, the MRO may become aware of sensitive medical information such as an individual's medical condition, medications, medical diagnosis, and medical history. This information will be kept confidential by the MRO and will not be released for any purpose not related to the MRO's primary duty to determine if unauthorized drug use has occurred except as follows: The MRO may disclose such information to the employer, the Department of Transportation (DOT) or other federal agency, or a physician responsible for determining the medical qualification of the employee under an applicable DOT agency regulation only if:
		The DOT regulation permits or requires such disclosure; In the MRO's reasonable medical judgment, the information could result in the employee being determined to be medically unqualified under an applicable DOT agency rule; or In the MRO's reasonable medical judgment, in a situation in which there is no DOT agency rule establishing physical qualification standards applicable to the employee, the information indicates that continued performance by the employee of his or her safety sensitive function could pose a significant safety risk.

Before obtaining medical information from the employee as part of the verification process, the MRO shall inform the employee that information may be disclosed to third parties as provided above and the identity of any parties to whom information may be disclosed.

If the individual declines the opportunity for a discussion with the MRO, the MRO will conclude the evaluation and report to the University.

If the individual engages in discussion with the MRO, the MRO will inform the individual of the opportunity for a test of the split sample. If the employee requests testing of the split sample, the results must be released to the MRO for review. The MRO will report the test results of the split sample to the individual and the University.

The MRO will complete the evaluation and report the test results to the University. A positive test will be considered to be a violation of this policy and corrective action will take place in accordance with procedures herein.

Alcohol Testing Methodology—Tests for alcohol concentration will be conducted using National Highway Traffic Safety Administration-approved, evidential breath-testing devices operated by trained technicians provided by the testing contractor, or by approved screening devices. Negative test results will be known immediately and communicated to the employee by the testing technician at that time. An employee who tests at an alcohol concentration of 0.02 or above will be retested in not less than 15 minutes, nor more than 30 minutes, after the first test. This is considered a confirmation test. All detectable levels of alcohol will be reported to the University. A confirmed alcohol concentration above 0.02 is in violation of this policy and corrective action will take place in accordance with procedures herein.

f. Reporting and Recording of Test Results

Controlled Substance Testing Results—

Negative Test Results—Negative results will be reported confidentially and in a timely manner by the testing contractor to the designated University official. Negative results arising from such testing will be confidentially maintained by the University in locked files not associated with any particular individual. Individuals may request a copy of their personal test result form.

Verified Positive Test Results—Verified positive results will be reported confidentially and in a timely manner by the MRO to the designated University official, who will immediately contact the Human Resources Consultant in order to initiate the corrective action process. Positive results will only be shared with staff having a legitimate business-related reason to know.

Testing Contractor Reports—The testing contractor will submit controlled substance MIS reports to the University in a timely manner.

Alcohol Testing Results—

Negative Test Results—Negative test results will be known immediately and communicated to the employee by the testing technician at that time. In addition, the testing contractor will report negative results confidentially and in a timely manner to the University which will confidentially maintain this information in locked files not associated with any particular individual. Individuals may request a copy of their personal test result form.

	b)	Confirmed Positive Test Results—Confirmed positive test results will be confidentially reported by the testing technician to the employee and the designated University official who will immediately contact the responsible unit manager and the Human Resources Consultant in order to initiate the corrective action process. Positive results will only be shared with staff having a legitimate business-related reason to know.
	c)	Testing Contractor Reports—The testing contractor will submit alcohol MIS reports to the University in a timely manner.

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