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Policy # 21.0 Archived Version:
Omnibus Transportation Act Employee Alcohol and Controlled Substance Testing

Revision date of this archived policy:
April 1, 1990

Note: This is not a current version of the policy. View current version. »

21.1 Policy
  To provide visitors, students, and employees with safe transportation and to comply with the Omnibus Transportation Employee Testing Act of 1991, it is the policy of the University to administer complete commercial driver’s license (CDL) physical examinations and alcohol and controlled substance testing for all employees whose job duties require a commercial driver’s license (CDL).
  This Administrative Regulation is applicable to all University faculty and staff.
NOTE: Covered employees are University employees (including mechanics who may test drive a repaired vehicle) who operate any of the following class University owned or leased vehicles:
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 such 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.
  21.1.1 Any University employee, required to possess a commercial driver’s license (CDL) as a condition of employment, shall be tested for alcohol and controlled substances in accordance with the following:
    (a) Prior to the first time the covered employee performs safety-sensitive functions for the University;
    (b) 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 receives a citation under state or local law for a moving traffic violation arising out of the accident;
    (c) As a covered employee randomly selected for testing at anytime during any year;
    (d) At any time reasonable suspicion exists that the covered employee may have violated the rules for alcohol misuse or controlled substances use of the Omnibus Transportation Employee Testing Act of 1991 and of the Human Resources Policy and Procedure Numbers 13.0: Alcohol Abuse or 14.0: Drug Abuse;
    (e) Before the covered employee returns to duty in a safety-sensitive function following violation of the rules for alcohol misuse or controlled substance use of the Omnibus Transportation Employee Testing Act of 1991 and/or of the Human Resources Policy and Procedure Numbers 13.0: Alcohol Abuse or 14.0: Drug Abuse; and/or
    (f) 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 the Omnibus Transportation Employee Testing Act of 1991 and the Human Resources Policy and Procedure Numbers 13.0: Alcohol Abuse and 14.0: Drug Abuse, 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 (See 21.3.5).
  21.1.2 For purposes of this policy, the following definitions will apply:
    21.1.2.1 "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol including methyl or isopropyl alcohol.
    21.1.2.2 "Breath Alcohol Technician" (BAT) means an individual who instructs and assists in the alcohol testing process and operates an evidential breath testing device (EBTD).
    21.1.2.3 "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 drugs.
    21.1.2.4 "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.
    21.1.2.5 "Covered employee" means a University employee who performs a safety sensitive function(s), requiring a commercial driver’s license (CDL). This 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.
    21.1.2.6 "EBTD or evidential breath testing device" means an EBTD approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath a placed on NHTSA’s "Conforming Products List (CPL) of Evidential Breath Measurement Devices".
    21.1.2.7 "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 confirmed positive test result together with the employee’s/applicant’s medical history and any other relevant biomedical information.
    21.1.2.8 "Screening test or initial test" means, in drug testing, an immunoassay screen to eliminate "negative" urine specimens from further analysis. In alcohol testing a screening or initial test is an analytical procedure to determine whether a University employee/applicant may have a prohibited concentration of a alcohol in a breath specimen.
  21.1.3 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 a Human Resource Services official, including the Employee Assistance Program (REFER), to determine the appropriate action under the law and University policy (See Human Resources Policy and Procedure Numbers 12.0: Separation from Employment, 13.0: Alcohol Abuse, and 14.0: Drug Abuse). The covered employee shall be subject to appropriate discipline up to and including termination under Staff Personnel Policy 12.1.3 and Policies 13.0: Alcohol Abuse and 14.0: Drug Abuse.
NOTE: The minimum sanctions in this policy and federal law shall not lessen the University’s ability to impose greater sanctions, up to and including termination under Human Resources Policy and Procedure Numbers 12.0: Separation from Employment, 13.0: Alcohol Abuse, and 14.0: Drug Abuse.
    21.1.3.1 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 no 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 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.
      (d) 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.
    21.1.3.2 For controlled substances 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 return to duty.
      (b) For a second offense with a three (3) year period, a covered employee shall not drive a commercial vehicle for sixty (60) consecutive days.
      (c) For the 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 has a "negative" results.
NOTE: Nothing in this policy shall be taken to lessen the sanction concerning the use, consumption, or abuse of alcohol or controlled substances under Human Resources Policy and Procedure 13.0: Alcohol Abuse and 14.0: Drug Abuse and sanctions under Human Resources Policy and Procedure Number 12.0: Separation from Employment.
21.2 Delegation
  Administration of this policy is the responsibility of Human Resource Services and departments with covered employees. Department 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 Human Resource Services.
21.3 Procedure
  21.3.1 Any covered employee who is being tested for alcohol and controlled substance use shall be notified where and when to report for testing:
    21.3.1.1 An applicant being considered for hire into a safety-sensitive function shall be notified by the departmental hiring official or the appropriate Human Resource Services official where and when to report for alcohol and controlled substance testing. Federal law provides that results of the tests shall indicate an alcohol concentration of less than 0.04 and a "negative" for controlled substances prior to an offer being extended for employment in the position.
    21.3.1.2 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 University official will instruct the employee when and where to report for required testing under the law.
NOTE: 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 mobile van or another approved on site testing facility.
    21.3.1.3 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 tested for controlled substances. After being selected for testing, the employee 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.
    21.3.1.4 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, just before, or just after the work period during which the employee is/was performing a safety-sensitive function.
    21.3.1.5 Any University official designated to determine whether or not reasonable suspicion exists to conduct a alcohol and/or controlled substance test shall receive at least sixty (60) minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol or controlled substance use.
    21.3.1.6 Following a violation of the rules of the Omnibus Transportation Employee Testing Act of 1991 or of the Human Resources Policy and Procedure Numbers 13.0: Alcohol Abuse or 14.0: Drug Abuse, a covered employee shall be evaluated and tested for alcohol or controlled substances prior to returning to a safety-sensitive function. The employee’s test results shall indicate a 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.
    21.3.1.7 A covered employee, who has been identified by a substance abuse professional as needing assistance in resolving problems with alcohol misuse and/or controlled substances use and who has returned to duty involving the performance of 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 departmental supervisor or the appropriate Human Resource Services official, upon notification from the testing entity, where and when to report for testing throughout the twelve (12) months.
NOTE: Any covered employee/applicant scheduled for testing, who does not report for testing within fifteen (15) minutes following the scheduled appointment time, shall be presumed to have violated the rules for alcohol misuse (alcohol concentration 0.04) and/or controlled substance use. Any covered employee/applicant scheduled for testing, who does not report for testing within one (1) hour following the scheduled appointment 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 who does not submit for testing, shall be presumed to have refused testing and shall not drive a commercial vehicle for a minimum of one year.
    21.3.1.8 A covered employee, who has been on a layoff or who is off work for a flex leave period, during which the employee was not subject to random testing, shall submit to pre-employment alcohol and controlled substance testing when returning to work.
  21.3.2 Alcohol and controlled substance tests shall be administered as follows:
    (a) A covered employee shall be tested for alcohol by a trained breath alcohol technician utilizing an Evidential Breath Testing Devise (EBTD).
    (b) 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.
  21.3.3 Test results are communicated by the approved medical testing facility to the appropriate Human Resource Services official, as soon as possible, following the administering of the tests. In a timely manner, following notification by the Human Resource Services official, the immediate supervisor will communicate the test results, in writing, to the covered employee/applicant.
    21.3.3.1 If the test results do not indicate alcohol misuse or controlled substance use, the employee will continue performing safety-sensitive functions as scheduled.
    21.3.3.2 If the test results indicate alcohol use or controlled substance use, the employee will be referred to a substance abuse professional (SAP) for assistance and will be subject to appropriate discipline under University policies (See Staff Personnel Policy 12.0: Separation from Employment, 13.0: Alcohol Abuse, and 14.0: Drug Abuse).
    21.3.3.3 If the test results do not indicate alcohol misuse or controlled substance use, the applicant for a position requiring a CDL will continue to be considered for employment in the position.
    21.3.3.4 If the tests indicate alcohol misuse or controlled substance use, the applicant will not be considered for employment in the CDL required position (See Staff Personnel Policy 12.0: Separation from Employment, 13.0: Alcohol Abuse, and 14.0: Drug Abuse).
NOTE: 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 of University policy.
  21.3.4 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 recordkeeping. All records relating to the collection process and training shall be kept on file with the approved medical testing facility for two (2) years.
    21.3.4.1 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.
    21.3.4.2 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.
  21.3.5 All costs associated with alcohol and controlled substance testing shall be paid by the department which employs a covered employee or is recruiting for an approved CDL required position. However, a covered employee shall pay for follow-up tests as provided under 21.1.1.f and 21.3.1.7. The amount charged will be provided in a schedule in accordance with the University’s contract with an approved medical testing facility.
    21.3.5.1 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.
  21.3.6 All covered employees will be provided with written notice of the availability of information regarding the Omnibus Transportation Act, its testing requirements, and a copy of this policy which provides for compliance with the federal requirements.

Archived Versions of this Policy

Previous version: revised 04-01-2006
Previous version: revised 07-11-2002
Previous version: revised 04-01-1990