Drug and Alcohol Testing for Positions Requiring CDL

Policy

This policy is based on the College’s Drug Free Work Place Policy and addresses the drug and alcohol testing requirements for positions that are covered by the federal Omnibus Transportation Employee Testing Act and U.S. Department of Transportation regulations. 

The goals of this policy and program are:

• to enhance safety in the workplace; comply with the federal regulations related to alcohol and drug testing of staff covered by the federal Omnibus Transportation Employee Testing Act and U.S. Department of Transportation regulations;
• comply with federal and state regulations related to positions requiring a Commercial Driver’s License (CDL);
• protect the rights, confidentiality, and privacy of those individuals subject to testing;
• provide referral to rehabilitation services to individuals who are experiencing an alcohol or chemical dependency problem; and
• take appropriate corrective action when the test of a covered employee shows the presence of alcohol or controlled substance(s).

The College is committed to a drug and alcohol-free workplace. Employees must not report for work if they are impaired and/or under the influence of drugs and alcohol. 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 College 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 violating this policy shall be subject to disciplinary action up to and including dismissal, and may be referred for criminal prosecution.

Any individual who tests positive during an alcohol or drug test in accordance with the provisions of federal law under this policy shall forfeit their right to further claim or consideration at the college for any positions that include “safety sensitive functions.”

Purpose

This policy is based on the college’s Drug Free Workplace Policy, and addresses the drug and alcohol testing requirements for positions that are covered by the federal Omnibus Transportation Employee Testing Act and U.S. Department of Transportation regulations.  This policy includes the primary elements of the College’s testing program.

To Whom Does This Policy Apply

This policy applies to all employees of the college in positions that require possession of a commercial driver’s license (CDL) as well as persons in a contractual relationship with the College.  Applicable provisions also apply to applicants for employment in covered positions.  For the purposes of this policy, covered employees must possess a CDL with both a passenger and air brake endorsement.

References

Federal Commercial Motor Vehicle Safety Act of 1986.

CFR Part 85, Subpart F; Drug-free Workplace Act of 1988.

Public Law 99-70, Title IV. Subtitle B; Drug Free Schools and Communities Act of 1986.

Public Law 101-226; Amendment to the Drug Free Schools and Communities Act of 1986

Federal Omnibus Transportation Employee Testing Act of 1991.

RCW 46.25, Uniform Commercial Driver’s License Act.

RCW 69.50, Uniform Controlled Substances Act.

Executive Order 92-01, Governor’s policy on a Drug-Free Work Place

WAC 357 sections addressing corrective action processes where appropriate.

Applicable Collective Bargaining Agreements where appropriate.

Definitions

A motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle 1) has a gross vehicle weight rating (GVWR) of 26,001 or more pounds; or 2) has a gross combined weight rating (GCWR) of 26,001 or more pounds inclusive of a towed unit with a GVWR of more than 10,000 pounds; or 3) is designated to transport 16 or more passengers, including the driver; or 4) transports hazardous materials requiring the vehicle to be placarded.

Covered Employee – An individual employed by the college, including someone hired for a specific assignment, in a safety sensitive position that requires a commercial driver’s license (CDL).

On-duty – Means all time from the time a driver begins work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work.  On-duty time includes:

-        All time spent at the facility waiting to be dispatched.

-        All time inspecting or servicing the vehicle.

-        All driving time or time spent at the driving controls of a commercial vehicle in operation;

-        All time spent loading, unloading, or supervising the loading or unloading of supplies on board;

-        All time performing those duties required of a driver involved in a vehicle accident;

-        All time spent repairing, assisting, or attending to a disabled motor vehicle.

-        All time serving as the sole individual responsible for driving the commercial vehicle until relieved of duty.

Pre-employment/Pre-duty – prior to official employment with the college and prior to performing any safety sensitive duties that may be construed as employment related activities.

Safety Sensitive functions - means driving a commercial motor vehicle, or specifically, any on-duty time spent in the operation, maintenance, or attendance of a commercial motor vehicle (CMV).  A driver shall be considered to be performing safety sensitive duties during any period he or she is actually performing, ready to perform, or immediately available to perform any safety sensitive duties.

See College Policy - Definitions

Procedure

Testing Requirements

 General – The College will conduct (1) pre-employment/pre-duty, (2) post-accident, (3) random, (4) reasonable suspicion, (5) return to duty, and (6) follow-up testing of drivers for the misuses of alcohol or use of controlled substances in compliance with federal regulations.

• Except for return-to-duty testing, drivers shall be subject to drug/alcohol testing only while the driver is performing a safety-sensitive function, just before the driver is to perform a safety-sensitive function, or just after the driver has ceased performing a safety-sensitive function.
• Controlled substances tests required to be administered to drivers may be administered at any time while the driver is at work for the College.

1. Pre-employment testing

• Upon a conditional offer of a position covered by federal regulations requiring a CDL, and prior to being assigned to perform any safety-sensitive functions, the prospective employee will be scheduled for controlled substance testing. The job offer shall be contingent upon results of the drug test.  Satisfactory test results (negative on controlled substances) are required as a condition of employment (documentation of satisfactory results within the last six months from a previous employer is acceptable if the conditions of #2 below are met as well).  The term prospective employee includes applicants for positions requiring a CDL and current College employees who move from a position not requiring a CDL to one that requires such a license. Employees who return to work after a layoff period during which they are not subject to random testing will also be required to undergo controlled substances testing before beginning work.
• As a condition of employment, an individual applying for a position requiring a CDL shall sign a written authorization for previous employers to release all records from the previous two years of positive controlled substance test results, and records of the individual's refusal to test, administered in accordance with the FHWA's regulations regarding alcohol use and drug testing to the college.  Information received that indicates a positive test or refusal to test will disqualify the individual for employment.  If the College does not receive this information within 14 days following the first time the driver performs a safety-sensitive function for the College, the driver shall be prohibited from performing safety-sensitive functions and released if hired.

2. Post Accident Testing-As soon as practicable following an accident involving a commercial motor vehicle, each surviving driver shall undergo alcohol and controlled substance testing if:

• The driver was performing a safety-sensitive function with respect to the vehicle and if the accident involved the loss of human life; or
• The driver receives a citation under state or local law for a moving traffic violation arising from the accident; and

1. A person is injured and, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
2. One or more vehicles received disabling damage as a result of the accident, requiring the vehicle(s) to be towed from the scene of the accident; or

• The supervisor determines that the use of alcohol or controlled substances may have contributed to the accident and requests the driver to undergo testing based on "reasonable suspicion".

An employee may request to undergo voluntary controlled substance/alcohol testing following an accident. Following such an accident, the employee must be readily available to submit to post-accident testing as soon as possible.  Such testing is secondary to the employee’s need for medical treatment, or public safety considerations at the accident scene.  Employees who leave the scene of an accident inappropriately will be considered to have refused the test and will be subject to appropriate disciplinary action, up to and including dismissal.

The College will transport the employee to the collection site, preferably within two hours of the accident (but in no case more than eight hours) for alcohol testing, and within 32 hours of the accident for controlled substance 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.

3. Random Testing

Covered employees are subject to random, unannounced drug and alcohol testing spread reasonably throughout the calendar year.  The basis for determining those employees to be tested will be upon a random sampling of those within the testing pool as established by the testing contractor.  Random tests 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.

Drivers who are notified of selection for random alcohol and/or controlled substances testing shall be required to proceed to the test site immediately after being notified.

4. Reasonable Suspicion Testing

Reasonable suspicion must be based on specific, 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.  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.

5. Return-to-duty & 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 that 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 College, 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.

1. 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 t 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 immediate disciplinary action up to and including dismissal.
2. Retests and Observed Tests– When insufficient volume or breath provides an inadequate sample, or when 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 immediate disciplinary action up to and including dismissal.

 Testing Procedures

All pre-employment, reasonable cause, random, post-accident, return-to-duty and follow-up testing will be conducted by a qualified testing contractor in accordance with the provisions of applicable federal regulations (49 CFR Part 382 and 49 CFR Part 40).

Orientation, Training & General Responsibilities

1.Management

• Attend training explaining the provision of this policy and how to recognize behaviors that may indicate substance abuse;
• Promote a work environment free from drugs and alcohol;
• Provide the resources necessary to carry out this policy;
• Ensure the contents of this policy are communicated to covered staff;
• Ensure that supervisors receive training to understand the provisions of this policy and to recognize behaviors that may indicate substance abuse; and
• Remove employees from safety sensitive work and take appropriate corrective action as warranted by positive test results and in accordance with this policy, and with federal and state requirements.

2. Supervisors

• Attend training explaining the provision of this policy and how to recognize behaviors that may indicate substance abuse;
• Inform all current and future covered employees about the College’s Drug Free Workplace Policy, educational materials, and information on rehabilitation services available;
• Provide employees with the college’s policy and the effects of drugs and alcohol and obtain the employee’s signed receipt for these documents.
• Enforce and comply with the provision of this policy;
• Serve as a positive role model; and
• Remove employees from safety sensitive work and take appropriate corrective action as warranted by positive test results and in accordance with this policy, and with federal and state regulations.

Employees

• Comply with the College’s policy and federal regulations that prohibit being under the influence of drugs and/or alcohol while on the job or in a paid standby capacity;
• Report any impairment that affects the ability to perform safety sensitive work to the supervisor, including the effect of prescribed drugs;
• Submit to alcohol and drug testing when required to do so in accordance with federal regulations;
• Participate in an evaluate with a substance abuse professional (SAP) if a drug test is positive or a breath or alcohol test indicates an alcohol concentration of 0.02 or above;
• Immediately notify their supervisor of any criminal conviction involving drugs or alcohol in the workplace;
• Immediately notify their supervisor of any conviction for driving under the influence of drugs or alcohol; and
• Immediately notify their supervisor of any accidents, regardless of who may be at fault, that occur while operating a vehicle that requires possession of a Commercial Driver’s License.

Applicants

• Submit to pre-employment drug testing in accordance with federal regulations;
• Authorize release of information from prior employer regarding drug/alcohol positive test results or refusal to test.
• Authorize other related pre-employment inquiries as required.

Human Resources Department

• Promote a drug- and alcohol-free workplace by informing applicants for employment of the College’s policy and testing program;
• Implement a training program for supervisors and managers of covered employees subject to drug and/or alcohol testing that covers this policy, the effects of drugs and/or alcohol in the workplace and behavioral symptoms of impairment;
• Provide referral for substance abuse professional services; and
• Assist supervisors and/or appointing authorities in planning and implementing corrective action plans for employees who have positive test results.

Testing Contractor

• Carry out random, pre-employment/pre-duty; post accident, reasonable suspicion, and follow-up sample collection and testing, while protecting personal privacy in accordance with federal regulations;
• Determine random testing to be accomplished.
• Establish and maintain chain of custody, transport, and test samples;
• Provide Medical Review Officer (MRO) services meeting the separation of function requirements pursuant to 49 CFR §40.33 (b) (1) and (2);
• Exercise confidentiality when reporting test results;
• Maintain all dated records and notifications pursuant to 49 CFR §382.409;
• Develop and implement a record keeping and reporting system meeting the requirements of the U.S. Department of Transportation pursuant to 49 CFR § 382.401; and
• Provide Management Information System (MIS) reports and other reports as required by federal regulations.

Education and Training

All supervisors and first level managers of covered employees will attend a training course that covers 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.

This policy will be distributed to all college employees required to possess a commercial driver’s license as well as supervisory or management personnel who supervise covered employees.

All covered employees are responsible to review this policy and information about the effects of controlled substances and alcohol.