Drug and Alcohol Testing Policy
|No. 3-30c||Rev. 9-18-96||Date 12-12-95|
I. Purpose of Policy: The purpose of this policy is to encourage a drug free workplace and to ensure Weber State University's compliance with U.S. Department of Transportation regulations regarding drug and alcohol testing. This policy applies only to individuals who serve in or are applying for "safety sensitive" positions as defined below in section III. I.
II. References: Weber State University Policy and Procedure Manual, No. 3-30A; U.S. Department of Transportation regulation (49 CFR, Parts 40, 382 and 395).
A. Alcohol: Alcohol is defined as the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols in methyl and isopropyl alcohol, no matter how it is packaged or in what form the alcohol is stored, utilized or found.
B. Applicant: For the purpose of this policy, an applicant is a person applying for a WSU safety sensitive position.
C. Controlled Substances: Controlled substances are defined as marijuana (THC), cocaine, phencyclidine (PCP), opiates, and amphetamines (including methamphetamines,) or other substances determined by medical authorities to impair one's ability to perform the duties of a safety sensitive position.
D. Employee: For the purpose of this policy, an employee is a WSU employee working in a safety sensitive position.
E. On-Duty: All the time the driver begins to work, is required to be in readiness for work, until the driver is relieved from work as described in 49 CFR par 395.2.
F. Positive Test: Any test showing a blood alcohol content equal to or greater than the lower threshold currently designated by the Department of Transportation, or the presence of any controlled substance in the test subject.
G. Refusal to Submit to Testing: Failure to provide an adequate breath or urine sample (without a valid and verified medical explanation) after the employee has received notice that he/she is being tested and a breath or urine sample is required; or engaging in conduct that clearly obstructs the testing process.
H. Reasonable Suspicion: Knowledge sufficient to induce an ordinary prudent and cautious supervisor, under the circumstances, to believe that a prohibited activity has occurred or is occurring.
I. Safety Sensitive Position: A safety sensitive position requires an individual to hold a commercial motor vehicle license to:
1. operate a commercial vehicle with a gross weight vehicle rating of 26,000 pounds or higher;
2. operate a vehicle with a manufacturer's rating to transport 16 or more persons, including the driver; or
3. operate a vehicle requiring the display of hazardous material placards.
J. University Premises: Buildings, parking lots, grounds, and vehicles owned or leased by the university, or personal vehicles being used for university business
IV. General Provisions
A. Employees in safety sensitive positions shall not use, be under the influence of, or be in possession of alcohol or controlled substances, or test positive for alcohol or a controlled substance (or metabolite thereof) while:
- on duty or
- on university premises.
B. All training and information will comply with 49 CFR 382.
- Employees will receive information to insure they understand the following:
a. the specific types of conduct prohibited by this policy;
b. circumstances under which an employee will be tested;
c. the procedures used to test for drugs and alcohol; and
d. the consequences of a positive test result.
C. Applicants shall be denied employment at WSU under the following conditions:
1.They refuse to take the required controlled substance test.2. They test positive for a controlled substance (or metabolite thereof) in the Definitions section on page 1 or their test detects a blood alcohol content equal to or greater than the upper limit designated by the Department of Transportation.
D. Employees in safety sensitive positions are required to participate in controlled substance testing:
- Before being hired and placed in a safety sensitive position.
- Before being reassigned to a safety sensitive position.
- After being involved in an accident (The employee will be tested for alcohol within eight hours following the accident, and tested for drugs within thirty-two hours.)
- When a designated, trained supervisor determines that there is Reasonable Suspicion To believe that an employee performing or assigned to a safety sensitive position is using, is under the influence of, or is in possession of alcohol or controlled substances.a. Two supervisors that have been trained in reasonable suspicion determination must concur that the drug test is warranted. One of the supervisors must be a direct line supervisor.
1) Supervisors who will determine Reasonable Suspicion will receive training and information on alcohol and drug abuse.2) Supervisors' findings will be documented in writing within twenty-four (24) hours of the determination.
5. At random, just before or just after operating a vehicle covered by the policy. (Driving assignments may be interrupted for the testing.)
6. After returning to a safety sensitive function following removal due to a positive test result.a. At least six follow up tests may be conducted during the twelve months (1 year) following the employee's return to work.
b. As many as thirty follow up tests may be conducted during the sixty months (5 years) following the employee's return to work.
E. Alcohol testing will be performed only under conditions described in IV D3-6 above.
F. Alcohol screening will be conducted in accordance with U.S. Department of Transportation criteria and standards.
1. If an employee's breath alcohol screening indicates a blood alcohol content equal to or greater than the lower threshold currently designated by the Department of Transportation, a confirmation screening will be performed within fifteen minutes (or shortly thereafter).a. If the confirmation test indicates a blood alcohol content equal to or greater than the lower threshold, WSU will remove the employee from a safety sensitive position for at least twenty-four hours.
1) Random follow up testing may occur for up to five years after the employee returns to a safety sensitive position.2) The employee may be re-assigned to a non-safety sensitive function.
2. If an employee's test indicates a blood alcohol content equal to or greater than the upper threshold currently designated by the Department of Transportation, or if an employee's test results indicate the presence of any controlled substance (or metabolite thereof), WSU will:a. remove the employee from a safety sensitive function,b. refer the employee to a substance abuse professional and
c. require the employee to follow the recommendations of the substance abuse professional before allowing the employee to return to a safety sensitive function.
d. Random follow up testing must be conducted for at least one year after the employee returns to a safety sensitive function.
e. The employee may be re-assigned to a non-safety sensitive function.
G. Refusal to submit to alcohol or controlled substance testing shall be construed as a positive test result.
H. Controlled substance testing, analysis, and medical review of tests will be conducted in accordance with U.S. Department of Transportation criteria and standards.
1. If the test results indicate the presence of prohibited drugs, WSU will:a. remove the employee from a safety sensitive position,
b. refer the employee to a substance abuse professional, and
c. require the employee to follow the recommendations of the substance abuse professional before allowing the employee to return to a safety sensitive position.
d. Random follow up testing must be conducted for at least one year after the employee returns to a safety sensitive position.e. The employee may be re-assigned to a non-safety sensitive position.
I. If the employee seeks rehabilitation treatment, the employee will do so at his/her own expense.
1. The university encourages employees to enroll in a counseling or rehabilitation program.
2. The employee must use accrued sick leave, compensation time, then vacation until all leave is expended.
3. The university will pay the employee's benefit package during the prescribed time of treatment.
4. If prescribed rehabilitation involves confinement, WSU will hold the employee's position until the prescribed length of treatment ends.
5. Upon successful completion of substance abuse rehabilitation, WSU will restore the employee to his/her former position.
J. WSU may immediately terminate an employee found to be in violation of this policy. (See WSU Policy and Procedure Manual, No. 3-33.)