DOT ALCOHOL AND DRUG TESTING PROGRAM FOR CDL DRIVERS
1.0 PURPOSE
The purpose of these regulations is to establish a program designed to prevent accidents from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. The rule requires that covered employees be tested for five specific drugs as well as alcohol, and sets the times, terms, and conditions of testing. Pre-employment, random, post-accident, and reasonable suspicion testing are required. It mandates privacy in collection techniques, confirmation of positive results, collection of split samples, and confidentiality of results. The regulations also include provisions for treating employees in need of assistance due to misuse of alcohol or illegal use of controlled substances.
2.0 REGULATIONS
This program is in conformity with Department of Transportation Regulations, 49 CFR Part 382 and 49 CFR Part 40.
3.0 CONTACTS
Safety Office- 831-7790
New River Valley Medical Center- normal hours: 731-2897, after hours and weekends: 731-2000
Department of Human Resources- 831-5421
Radford University Police- 831-5500
Facilities Management- 831-7800
Medical Review Officer- Dr. Richard Moore, 540-562-5741
4.0 APPLICABILITY
1. These regulations apply to all persons who hold a Commercial Drivers License (CDL) and drive a Commercial Motor Vehicle (CMV) for the university.
2. A Commercial Motor Vehicle is a vehicle used to transport passengers or property and meets one of the following requirements:
3. A driver is any person who operates a CMV for the university. The driver may be a full or part-time worker hired by the university. It also includes occasional, leased, and independent drivers who are employed by or under lease to the university or who operate a CMV with the consent of the university.
5.0 REQUIRED TESTS
1. Drivers are subject to testing for alcohol and the following controlled substances:
2. Drivers will be tested for alcohol using an initial screening device. Positive results will be confirmed with an evidential breath testing instrument. For drug testing, urine specimen collection and testing by a laboratory certified by the Department of Health and Human Services is required.
3. Alcohol testing and urine specimen collection will be performed at the New River Valley Medical Center.
4. The following types of testing will be performed:
6.0 PROHIBITIONS
1. No driver shall report to duty if the driver uses any controlled substance, except by doctor's prescription, and then only if his/her ability to safely operate the vehicle has not been affected.
2. The university may require that a driver disclose the use of any therapeutic drug.
3. For a verified positive or adulterated drug test, the employee will be immediately removed from driving and referred to a substance abuse professional if retained by the university. Before returning to work as a driver the employee must follow the substance abuse professional's recommendation.
4. Any alcohol misuse that could affect driver performance is prohibited including:
5. If the result of a confirmation breath alcohol test is between 0.02 and 0.039 the employee will be removed from driving for a minimum of 24 hours.
6. If the confirmation results for alcohol is 0.04 or greater the employee will be immediately removed from driving and referred to a substance abuse professional if retained by the university. The employee must follow the substance abuse professional's recommendation before returning to work as a driver.
7. A driver will not be permitted to operate a CMV if he/she refuses to take a required alcohol or drug test.
8. Drivers who have a verified positive or adulterated test result or refuse to be tested are subject to disciplinary actions leading to possible dismissal.
9. No supervisor having actual knowledge that a driver is in violation of drug or alcohol prohibitions shall permit a driver to operate a vehicle.
10. The university is prohibited from temporarily removing an employee from driving based only on a drug report from the laboratory. Removal can only take place after the Medical Review Officer has verified the results.
7.0 PREVIOUS EMPLOYERS
1. The university will obtain drug and alcohol test information from a driver's previous employers. If possible, this information should be obtained before the employee drives for the university, but no later than 30 days. With a driver's written consent the following information will be requested:
2. This information will be obtained from any employer the individual drove for during the last two years.
3. The release of information may take the form of personal interviews, telephone interviews, letters, or any method that ensures confidentially.
4. If the university learns from a previous employer that the driver tested positive for drugs or had an alcohol test result of 0.04 or greater, or refused to be tested, the employee cannot drive until the university has evidence the driver has met the return to duty requirements and has been subject to any required follow-up testing. A pre-employment test may serve as a return-to-duty test under these circumstances.
8.0 PRE-EMPLOYMENT TESTING
1. A driver will not be permitted to operate a CMV until he/she is tested for controlled substances and the university has received a negative result from the Medical Review Officer (MRO). Pre-employment alcohol testing is not required. Drivers hired prior to the start of this policy are not required to undergo pre-employment testing.
2. A pre-employment drug test is not required if all of the following conditions are met:
3. If the pre-employment drug test exemption is sought, the following information will be obtained with the driver's permission:
4. If a driver is used more than once a year, but is not actually hired by the university (e.g., bus driver for special trips) the Safety Office will ensure at least once every six months that the driver participates in an alcohol and drug testing program by obtaining the information listed above or require the driver to have a pre-employment drug test.
5. The university will notify a driver of the results of a drug test if the driver requests the results within 60 days of the disposition of the employment application.
6. The university is not required to rehabilitate applicants who refuse to submit or fail a pre-employment test.
7. A pre-employment test is required for an existing employee who obtains a CDL to drive a CMV for the university or transfers from a position not covered by these regulations to a position covered by these regulations.
9.0 RANDOM TESTING
1. Random drug testing will be performed at a minimum annual rate of 50% of the average number of driver positions.
2. Random alcohol testing will be administered at a minimum annual rate of 10% of the average number of driver positions.
3. Alcohol testing shall be performed only on the day the driver is scheduled to drive. Drivers with unscheduled driving times are subject to testing at any time they are at work.
4. Drug testing may be performed at any time the driver is at work for the university.
5. Selection of drivers will be made at the New River Valley Medical Center using a computer-based random number generator. Sequential numbers will be assigned to drivers by the Safety Manager. The list of drivers will be kept in the Safety Office.
6. Under the selection process, each driver will have an equal chance of being tested each time selections are made. Some drivers may be tested more than once, some may not be tested during the year.
7. The tests will be unannounced and spread reasonably throughout the year.
8. The Safety Manager will obtain a random number from the hospital, match it to the appropriate driver and call the immediate supervisor of the driver. The supervisor shall ensure that the driver selected proceeds immediately to the testing site upon notification of being selected.
9. The Department will be responsible for providing transportation to the hospital. Employees may drive themselves to the hospital unless a trained supervisor has reason to suspect that the driver has used drugs or misused alcohol.
10. If the driver selected is on leave for greater than two weeks the Safety Manager will select another driver for testing.
10.0 REASONABLE SUSPICION TESTING
1. A supervisor who has been trained to detect substance abuse or alcohol misuse must require the driver to be tested if he/she has reasonable suspicion that a driver may be under the influence of alcohol or drugs.
2. Reasonable suspicion must be based on specific observations concerning the appearance, behavior, speech, or body odors of the driver.
3. A driver must submit to an alcohol and/or drug test when a trained supervisor has reasonable suspicion to believe the driver has violated the prohibitions against alcohol or drugs.
4. The supervisor who makes a reasonable suspicion determination must have received a 60-minute training session on alcohol misuse and a 60-minute training session on controlled substance use.
5. Alcohol testing is authorized only if the observations are made during the day the employee is scheduled to drive. Drivers with unscheduled driving times are subject to testing any time they are at work.
6. Drug testing may be done at any time the employee is at work for the university.
7. A written record of the observations leading to a controlled substance or alcohol test shall be made and signed by the supervisor making the observations. The written record must be made within 24 hours of the observed behavior or before the results are released to the employer.
8. The immediate supervisor will call the Safety Manager who will call the hospital to schedule a time for testing. It is the responsibility of the immediate supervisor to ensure that the driver is transported to the hospital for testing.
9. A report shall be filed by the supervisor stating the reasons an alcohol test was not done if it is not administered within two hours following the observations. The report shall be sent to the Safety Manager.
10. If an alcohol test was not administered within eight hours, attempts to administer the test will cease and the supervisor will prepare a report stating why the test was not done. The report shall be sent to the Safety Manager.
11. If reasonable suspicion is observed but alcohol testing has not yet been administered, a driver shall not drive until:
12. If reasonable suspicion testing was done for drugs, the driver will not be allowed to drive until a negative drug result is obtained from the MRO.
11.0 POST ACCIDENT TESTING
1. As soon as practical following an accident involving a CMV the driver will be tested for alcohol and drugs when either:
2. Drivers involved in an accident requiring alcohol and drug testing must notify their immediate supervisor as soon as possible. For accidents on campus the supervisor will be responsible for transporting the driver to the hospital for testing within two hours. To contact the New River Valley Medical Center call 731-2897 during normal working hours or 731-2000 after hours.
3. If the driver has not submitted to an alcohol test within two hours, a report must be prepared by the supervisor.
4. If the driver has not submitted to an alcohol test within eight hours, attempts to administer the test will cease. A report must be prepared by the supervisor.
5. Attempts to administer the test will cease and a report must be prepared by the supervisor if a driver has not submitted to a drug test within 32 hours
6. All reports will be submitted to the Safety Manager stating the reasons the tests were not administered in a timely manner.
7. The driver must refrain from consuming alcohol for eight hours following an accident, or until he/she submits at an alcohol test, whichever comes first.
8. A driver must remain readily available for testing or may be deemed to have refused to submit to testing.
9. For accidents off campus it is the responsibility of the driver to report to the New River Valley Medical Center for testing as soon as possible, within two hours if possible.
10. Nothing in this section shall delay medical care to an injured driver.
12.0 REHABILITATION
1. Any driver who has engaged in the prohibitions regarding alcohol misuse or drug use and is allowed to continue employment with the university will be advised of the resources available to resolve the problem. This will include the names, addresses, and telephone numbers of substance abuse professionals and counseling treatment programs. The university is not required to provide rehabilitation unless the employee is retained by the university as a driver.
2. The driver will be evaluated by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and drug use.
3. A substance abuse professional will be provided through the appropriate Employee Assistance Program.
4. The driver must undergo return-to-duty testing and any follow-up testing prescribed by the substance abuse professional.
5. If the driver was identified as needing assistance in resolving the problem, the driver must be evaluated by the substance abuse professional to determine if the driver properly followed the prescribed rehabilitation program.
6. The university will ensure that a substance abuse professional does not refer the driver to a practice in which he/she has financial interest.
13.0 RETURN-TO-DUTY TESTING
1. If retained by the university, after engaging in prohibitive conduct regarding drug use or alcohol misuse the employee shall undergo a return-to-duty drug test before driving. The return-to-duty test must be negative for drugs or less than 0.02 for alcohol..
2. Return-to duty tests do not have to be confined to the substance involved in the violation.
3. The driver must participate in any assistance program prescribed by the substance abuse professional.
14.0 FOLLOW-UP TESTING
1. If a substance abuse professional determines that a driver needs assistance resolving a problem with drugs or alcohol use, the university will ensure that the driver is subject to unannounced follow-up testing following the driver's return to duty.
2. At least six tests during the first 12 months following the drivers return to duty will be performed. Follow-up testing may be done for up to 60 months.
3. Follow-up tests need not be confined to the substance involved in the violation.
15.0 INFORMATION AND TRAINING
1. Before performing an alcohol or controlled substance test the Safety Manager will notify a driver that the tests are required by these regulations. The notice can be oral or written.
2. Drivers will be given detailed information about the effects of alcohol and drugs, employer policies and procedures, testing requirements, penalties, and how and where drivers can get help for substances abuse.
3. Supervisors of drivers will attend a one-hour training session on alcohol misuse, and a one-hour training session on drug use. Training will include the signs and symptoms used to determine reasonable suspicion testing.
4. Covered employees will sign a form stating that they have received this information and training.
5. The Safety Manager will provide information and training and answer questions about the materials provided. The information will be provided before alcohol and drug testing is conducted.
16.0 RECORDS
1. All records will be kept in a secure location with controlled access. Records will be maintained in the Safety Office and the Department of Human Resources at Radford University. Records will also be maintained at the New River Valley Medical Center and by the MRO.
2. The following records will be maintained for five years:
3. The following records will be maintained for two years:
4. The following records will be maintained for one year:
5. The specific types of records maintained will include:
6. The university, the New River Valley Medical Center, and the MRO will not release driver information contained in these records except as required by law or as authorized by the driver in writing. The release of information to the current employer and to regulatory authorities is permitted by law.
7. Upon written request to the Safety Office a driver may obtain copies of any records pertaining to his/her test results. These records will be provided to the driver in a prompt manner.
8. Records will be made available to a subsequent employer upon receipt of a written request from a driver, and only as expressly authorized by the terms of the driver's request.
9. Records will be made available for inspection at the Safety Office within two business days of a request by an authorized representative of the Federal Highway Administration.
10. If requested by a regulatory authority the Safety Office will;
17.0 TESTING PROCEDURES- DRUGS
1. The New River Valley Medical Center and the certified laboratory will train personnel, collect urine samples, and ship specimens in compliance with 49 CFR Part 40.
2. Unauthorized persons will not be allowed access to the testing location when a test is in progress.
3. Drivers must positively identify themselves with a photo ID. The test subject shall remove all unnecessary outer garments (jackets, hat, coveralls) and leave briefcases, purses, and other personnel belongings in a secure location. Drivers may retain their wallets. You will be asked to empty your pockets and display items.
4. All efforts will be taken to ensure privacy of the driver. Drivers will be allowed to provide a specimen in the privacy of a stall. Only when there is a reason to believe that an individual may alter or substitute the specimen shall additional precautions be taken.
5. A clean, single use specimen bottle or sterile urinal that is securely wrapped until filled will be used. Both the driver and collection site person shall keep the specimen in view at all times before being sealed and labeled with a tamperproof seal. The seal will be initialed by the collection site person and the driver.
6. To reduce error, the collection site person shall collect only one specimen at a time.
7. The specimen must be spilt and both samples shipped in a single shipping container. The shipping container shall be securely sealed to eliminate the possibility of undetected tampering.
8. If there is reason to believe that tampering or adulteration has occurred a second specimen will be immediately collected. The collection will be observed by a medical doctor or by a collection site person of the same sex.
9. The specimen shall be secured during temporary storage prior to shipment to the laboratory. Only laboratories certified by the Department of Health and Human Services will be used for drug analysis.
10. Every specimen is required to undergo an initial screen followed by confirmation of positive screen results.
11. The laboratory must report all test results directly to the Medical Review Officer (MRO) within an average of five working days after receipt of the specimen.
12. The MRO for the university will be Dr. Richard Moore, Salem/Roanoke Medical Clinic, Roanoke VA.. The MRO will review and interpret positive results obtained from the lab. The MRO will determine if alternate medical explanations could account for the positive test results, such as taking prescription drugs. To accomplish this, the MRO may conduct medical interviews of the subject. The MRO must give the individual testing positive an opportunity to discuss the test results prior to making a final decision.
13. The MRO shall notify an employee who has tested positive that he/she has 72 hours in which to request a test of the split specimen. If the employee makes such a request the MRO shall direct the lab in writing to send the split specimen to another certified lab for testing. If the split specimen fails to confirm the positive result, the MRO will cancel the test.
14. After the final decision is made on the results the MRO shall notify the Safety Manager by phone or fax in a confidential manner. The Safety Manager will immediately notify the Director of Human Resources of all verified positive results. A signed, written notification will be forwarded to the Safety Manager within three business days of the completion of the review.
15. The Human Resources Department will notify the supervisor and driver of verified positive results and any required remediation and disciplinary action. The Safety Manager will notify the supervisor and driver of any other actions needed to be in compliance with these regulations. In addition, the Safety Manager will notify the supervisor and driver of negative results.
16. If the employee refuses to cooperate with the collection process, the collection site person shall inform the Safety Manager.
18.0 TESTING PROCEDURES- ALCOHOL
1. Alcohol testing will be performed according to 49 CFR Part 40.
2. The Breath Alcohol Technician will use evidential breath testing devices (EBTs) approved by the NHTSA. Training in the use of the EBT must be approved by the NHTSA. The EBT must have a quality assurance plan developed by the manufacturer and approved by the NHTSA.
3. The DOT Breath Alcohol Testing form will be used during the alcohol breath testing process.
4. The driver must show positive identification (photo ID) when arriving at the site. Testing will be done in a private location.
5. The Breath Alcohol Technician will supervise only one employee's use of the EBT at a time. The technician will not leave the testing site while the test is in progress.
6. Unauthorized persons will not be permitted access to the testing location when a test is in progress.
7. An individually-sealed mouthpiece shall be opened in view of the employee. The results displayed on the EBT will be shown to the employee. If the result is less than 0.02 no further testing is authorized.
8. I f the result of the screening test is 0.02 or greater a confirmation test will be performed. A new mouthpiece is used.
9. The employee must not eat, drink, belch, or put any object into his/her mouth while waiting for the confirmation test. The waiting period shall be between 15-30 minutes.
10. All results will be transmitted by the Breath Alcohol Technician to the Safety Manager at Radford University by phone in a confidential manner. Written results will be mailed to the Safety Office within three business days. The Safety Manager will receive and store the information in a secure manner to ensure that confidentiality is maintained.
11. The Breath Alcohol Technician shall immediately notify the Safety Manager of confirmed results greater than 0.02. These results will be transmitted to the Director of Human Resources in a confidential manner by the Safety Manager. Human Resources will contact the supervisor and driver and inform them of any required remediation and disciplinary action. The Safety Manager will notify the supervisor and driver of any additional actions needed to be in compliance with these regulations.
19.0 DISCIPLINARY ACTIONS
1. Employees are subject to disciplinary action if they have a verified positive or adulterated test result, refuse to submit to required testing, tamper with results, or otherwise fail to adhere to their responsibilities under this policy.
2. Cases will be reviewed on an individual basis with consideration of all relevant mitigating circumstances.
3. Determination of the appropriate disciplinary action will be made in consultation with the Department of Human Resources. Disciplinary actions will include oral warnings, written notices, suspension, and/or termination.