(Approved by the Executive Vice President by authority of Administrative Order No. 9)
This policy is based on the University's Alcohol and Drug Abuse Policy (Administrative Policy Statement 13.7) and addresses the drug and alcohol testing requirements for positions which are covered by the federal Omnibus Transportation Employee Testing Act and U.S. Department of Transportation regulations. This policy describes the primary elements of the University's testing program. The following are references to federal and state laws and University policies:
The goals of the University's testing program are as follows:
Covered employees must not report for work if they are impaired and/or under the influence of drugs of abuse. Being impaired and/or under the influence of controlled substances while on duty, or any activity involving use, possession, distribution, or sale of alcohol, unauthorized prescription drugs, controlled substances or drug paraphernalia at University facilities is strictly prohibited. The appropriate use of legally prescribed drugs and nonprescription medication is not prohibited. However, it is the responsibility of covered employees to remove themselves from vehicle and equipment operation and report the situation to their supervisor if they are experiencing any adverse effects from medication or prescribed drugs. Employees who are found to be in violation of this policy shall be subject to appropriate corrective action.
Management's responsibilities are as follows:
Supervisors' responsibilities are as follows:
Employees' responsibilities are as follows:
The Human Resources Department's responsibilities are as follows:
The testing contractor's responsibilities are as follows:
All supervisors of covered workers and first level managers will attend a training course which covers this policy, the effects of controlled substances and alcohol in the workplace, behavioral symptoms of being under the influence of drugs and/or alcohol, and rehabilitation services available. Refresher courses will be periodically scheduled.
All covered employees will receive a copy of this policy and informational materials about the effects of controlled substances and alcohol in the workplace and rehabilitation services available.
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. |
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B. | Types of Testing |
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1) | Preduty TestingCandidates
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. |
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2) | Reasonable
Suspicion TestingReasonable 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. |
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3) | Postaccident TestingCovered
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:
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4) | Random TestingCovered
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. |
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5) | Return-To-Duty and Follow-Up TestingAll
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. |
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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. |
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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. |
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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. |
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1) | Controlled Substance Testing Methodology |
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a) | Initial TestingAnalytical 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. |
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b) | Confirmation
TestingFor 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. |
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c) | The Medical
Review Officer's ProceduresThe MRO will
complete the following steps:
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:
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. |
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2) | Alcohol Testing MethodologyTests
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. |
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F. | Reporting and Recording of Test Results |
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1) | Controlled Substance Testing Results |
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a) | Negative Test ResultsNegative
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. |
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b) | Verified
Positive Test ResultsVerified 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. |
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c) | Testing Contractor ReportsThe
testing contractor will submit controlled substance
MIS reports to the University in a timely manner. |
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2) | Alcohol Testing Results |
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a) | Negative
Test ResultsNegative 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. |
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b) | Confirmed
Positive Test ResultsConfirmed 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. |
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c) | Testing Contractor ReportsThe testing contractor will submit alcohol MIS reports to the University in a timely manner. |
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. |
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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:
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C. | Alcohol Testing |
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1) | Alcohol Concentration
of 0.02 to 0.039Alcohol 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 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. |
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2) | Alcohol Concentration
of 0.04 or GreaterAlcohol 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:
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Nothing in this policy, including references to the possibility of a return to work following a positive test, shall preclude termination from employment for violation of the policy.
People with disabilities may request that this information be prepared and supplied in an alternate format by calling collect 206-664-9009; people who are deaf or hearing impaired may call 1-800-833-6388 (TTY relay service).
For further information contact the appropriate Human Resources Service Team Member listed on the Human Resources Service Team Assignments web page.
May 1, 2002.