Employee Relations Processes: Drug Testing for Jobs Requiring Commercial Driver's License (CDL)


Last Updated on 01/14/05
Please direct questions to:

Penny Phillips at pphillip@admin.usf.edu



Exhibits / Forms

The Exhibits / Forms listed below are available in Word 6.0/95 and Rich Text Format.

"Word"

DRUG.1 - Definitions

DRUG.2 - Prohibitions

DRUG.3 - Consequences of Violations of the Prohibitions

DRUG.4 - Reasonable Suspicion Document - CDL

DRUG.5 - Program Responsibilities - CDL

"Rich Text Format"

DRUG.1 - Definitions

DRUG.2 - Prohibitions

DRUG.3 - Consequences of Violations of the Prohibitions

DRUG.4 - Reasonable Suspicion Document - CDL

DRUG.5 - Program Responsibilities - CDL


I.   GENERAL

     A.   POLICY

          1.     The Federal Omnibus Transportation Employee Testing Act of 1991 requires
          alcohol and controlled substances (hereafter referred to as drugs) testing for 
          employees required to maintain a commercial driver's license (CDL).   This 
          requirement must be documented in the employee's position description,
          when applicable.

          2.     This procedure implements the Federal law at the University  and 
          requires pre-employment (drugs only), reasonable suspicion, random, 
          and post-accident alcohol and drug testing for each employee required 
          to possess a CDL.  Any person employed by USF, including a student 
          employee, required to obtain and maintain a CDL as a condition of 
          employment (hereafter referred to as covered employees) whose tests 
          confirm prohibited alcohol concentration levels (0.02% or greater) or the 
          presence of a drug (amphetamines, cannabinoids [marijuana], cocaine, 
          opiates, and/or phencyclidine [PCP]) or who refuses to take a required 
          test will be terminated. Covered student employees will also be referred 
          to Student Affairs for possible disciplinary action.  

          3.     Covered employees and their supervisors will receive information 
          concerning the effects of alcohol and drug use and University policies 
          and procedures with respect to meeting Federal requirements.  Additionally, 
          supervisors will receive training in making reasonable suspicion 
          determinations.

          4.     A job covered by this procedure will be identified as requiring 
          alcohol/drug testing when it is advertised to be filled.

          5.     The attached exhibits provide the following: Exhibit DRUG.1: 
          (Word or Rich Text Format} definitions of terms used in 
          this procedure;  Exhibit DRUG.2: (Word or Rich Text Format} 
          prohibitions specified in the Federal law; Exhibit DRUG.3: 
          (Word or Rich Text Format} consequences of violations
          of the prohibitions; Exhibit DRUG.4: (Word  or Rich Text Format} 
          reasonable suspicion document; and Exhibit DRUG.5: 
          (Word or Rich Text Format} 
          program responsibilities for the employee, the supervisor, the 
          dean/director, and Division of Human Resources (hereafter referred to as HR).

     B.   DELEGATED AUTHORITY

     Refer to Exhibit HRRP.6 for a table of delegated authority for Employee Relations.    
   

II.   TESTING PROCESS
 
     A.   TESTING CIRCUMSTANCES

          1.   Pre-Employment

               Final applicants for jobs requiring a CDL will be tested for drugs
          before they are employed.   Employment is contingent upon a 
          negative test result.
          
          2.   Random

               Covered employees will be randomly selected at  various times 
          throughout the year for unannounced alcohol and/or drug testing. 
    • Random alcohol testing is authorized only during, just preceding, or just after the period of the
      workday when the covered employee is performing a safety-sensitive function.
    • See Exhibit DRUG.1  {Word or Rich Text Format} for the definition of "performing a safety-sensitive function" and "safety-sensitive functions."
          3.   Reasonable Suspicion
    • A covered employee will be tested for alcohol and/or drugs when there is reasonable suspicion that the employee has violated the prohibitions. A determination that reasonable suspicion exists will be based on specific observations concerning the appearance, behavior, speech, or body odors of the employee for which there are no other reasonable explanations.
    • The observation and determination may only be made by a supervisor trained in detecting the symptoms of alcohol or drug misuse. It is recommended that reasonable suspicion observations also be witnessed by a second trained supervisor.
    • Reasonable suspicion alcohol testing is authorized only if the required observations are made during, just preceding, or just after the period of the workday when the covered employee is performing a safety-sensitive function.
    • Reasonable suspicion determination(s) must be documented. Supervisors may use Exhibit DRUG.5 {Word or Rich Text Format} to assist them in documenting their observations and the grounds for a reasonable suspicion determination. The document must be completed and signed by the supervisor within two hours of the observed behavior or before the results of the test are released, whichever is later. This document must be forwarded to HR.
    • Reasonable suspicion alcohol testing must be conducted within two hours following the determination of reasonable suspicion. If not, the supervisor must document in writing why the test was not conducted and forward the document to HR.
    • If reasonable suspicion alcohol testing is not conducted within eight hours after the determination of reasonable suspicion, the supervisor must cease attempts to conduct the test, document in writing why the test was not administered, and forward the document to HR.
    • Covered employees may not be returned to the performance of safety-sensitive functions until cleared by a negative reasonable suspicion test.
          4.   Post-Accident
    • As soon as practicable following an accident in a commercial motor vehicle (CMV), in which there is a fatality or the driver receives a moving vehicle citation arising from the accident the covered employee will be tested, both for alcohol and drugs.
    • As soon as practicable following the accident, the covered employee must contact his/her supervisor to explain that he/she was involved in an accident. The employee must inform his/her supervisor if any type of alcohol/drug test(s) was/were administered. The supervisor must contact the testing facility and schedule an appointment for the employee to be tested for whichever test(s) had not been administered immediately upon the employee's return.
    • A covered employee subject to post- accident testing must not use alcohol for eight hours following the accident, or until he/she undergoes an alcohol test, whichever occurs first.
    • If the alcohol test is not administered within two hours following an accident, the employee's department must document in writing why the test was not promptly administered. If the alcohol test is not administered within eight hours following an accident, attempts to administer the test must cease and the department must document in writing why the test was not administered. All documentation must be forwarded to HR.
    • If a drug test is not administered within 32 hours following the accident, attempts to administer the test must cease and the department must document in writing why the test was not administered. This documentation must be forwarded to HR.
    • A covered employee subject to post- accident testing shall remain readily available for testing or will be deemed by the University to have refused to submit to testing. Such refusal is treated as if the employee received a positive test result.
     B.   TESTING FACILITY

          1.   All specimen samples for required tests will be collected at an approved 
           testing facility.

          2.   For post-accident testing, a breath alcohol test and a urine drug test 
          performed by local officials may be substituted, if the University obtains 
          the test results from the local jurisdiction or the driver.

     C.   TEST PROTOCOLS

          1.   Alcohol
    • The alcohol test will be conducted using an evidential breath testing device (EBTD).
    • The alcohol test is generally a two-part process; a screening test and a confirmation test. If the screening test results in a negative reading, no further tests are required. However, a positive result on a screening test will require a confirmation test 15-20 minutes later. No adverse action will be taken against an employee without a positive confirmation test.
          2.   Drugs
    • The drug test will be a urine test for the following drugs: amphetamines, cannabinoids (marijuana), phencyclidine (PCP), cocaine, and opiates. Split-sample collection techniques will be used.
    • When the test of the primary specimen is negative, the laboratory disposes of the split sample. When the test of the primary specimen is confirmed positive, the laboratory continues to hold the split sample for a year to ensure that it remains available for a second test.
    • The Medical Review Officer (MRO) will notify each employee who has a confirmed positive test that the employee has 72 hours in which to request a test of the split sample. If the MRO is unable to contact the employee, the MRO will contact a HR representative who will, in turn, contact the employee and direct him/her to contact the MRO within 24 hours. If the employee requests a test of the split sample, the first laboratory is required to ship the unopened split sample to a second Department of Health and Human Services (DHHS)-approved laboratory for testing. If the test of the split sample fails to confirm the presence of a drug, the entire test is canceled. The employee will pay the cost of a split sample testing, and will be reimbursed.
     D.   TEST RESULTS

          1.   Alcohol tests are read at the testing facility and are immediately 
          available to the employee.  Supervisors will be notified by phone of
          the test results.  The testing facility will forward the follow-up test
          result written confirmation to HR.  The results of drug tests will not 
          be available until the completion of the testing and evaluation 
          process.

          2.   If the alcohol test is positive, the supervisor will make transportation 
          arrangements for the employee.
 
          3.   The MRO will work directly with the employee to ascertain if there was 
          a legitimate reason for the positive test prior to the test results being 
          considered and reported to the supervisor as positive.  

     E.   RECORD KEEPING

          HR will prepare and maintain records of the alcohol/drug testing program; 
          access to these records will be controlled.

          1.   To preserve employee confidentiality, HR does not release information 
          pertaining to alcohol/drug testing of a covered employee, except as required 
          by law or expressly authorized in writing.

          2.   A covered employee is entitled, upon written request, to obtain copies of 
          or have distributed any records pertaining to the alcohol/drug testing program.

          3.   Records will be made available to a subsequent employer upon receipt of 
          a written request from a covered or previously covered employee.

          4.   HR may disclose information required to be maintained under Department 
          of Transportation (DOT) regulations to the decision-maker in lawsuits, complaints, 
          grievances, or other proceedings initiated by or on behalf of a covered or 
          previously covered employee arising from the results of an alcohol/drug 
          test.

III.   EDUCATION AND TRAINING

     A.   HR will provide educational materials and training that explain the 
requirements of the Federal law and University policies and procedures concerning 
the alcohol/drug testing program.  

     B.   Each covered employee will sign a receipt stating that he/she has 
received a copy of the program materials.  HR will maintain the original of the signed 
receipt and  will provide a copy to the covered employee. 

     C.   Supervisors who are authorized to determine the existence of reasonable 
suspicion will receive at least 60 minutes of training on alcohol misuse and 60 minutes 
of training on drug misuse.  This will cover the physical, behavioral, speech, and 
performance indicators of probable alcohol and drug misuse.

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Please direct questions to:


Penny Phillips at pphillip@admin.usf.edu