Summary
In accordance with the Omnibus Transportation Employee Testing Act of 1991, any University of èßäapp employee who is required to obtain a commercial driver's license (CDL) to operate a commercial motor vehicle is subject to testing for alcohol and controlled substances.
Vehicle
Commercial motor vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle (1) has a gross combination weight rating of 26,001 or more pounds, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds, or (2) has a gross vehicle weight rating of 26,001 pounds or more; or (3) is designed to transport 16 or more passengers, including the driver; or (4) is of any size and is used in the transportation of materials found to be hazardous for the purpose of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR, part 172, subpart F).
Substances
The required programs test for alcohol and five (5) controlled substances: marijuana, cocaine, opiates, amphetamines, and phencyclidines (PCPs).
Tests
Five types of tests will be utilized as required by Federal regulation (49 CFR part 382): pre-employment/pre-duty (controlled substances only); random; post-accident; return to duty/follow-up; and reasonable suspicion.
Training
Appropriate supervisory training courses will be required and conducted.
Requirements
In addition to the normal work rules related to possession and use of controlled substances and alcohol while on duty as referenced in HR 508 Drug and Alcohol Abuse in the Workplace, this policy also prohibits the use of controlled substances during off duty hours and the use of alcohol within four (4) hours of scheduled work for covered employees. The policy also prohibits covered employees from using alcohol within eight (8) hours following an accident as the driver of a University commercial vehicle.
Consequences
An employee whose test results confirm a .04 prohibited alcohol concentration level or the presence of one (1) of the five (5) controlled substances or who refuses to submit to the required alcohol or controlled substance test will be terminated. Such individuals will be advised of available resources for rehabilitation. An employee whose test results confirm any prohibited alcohol concentration level but less than .04 will be advised of available resources for rehabilitation and will be removed from safety sensitive functions until the start of the driver's next regularly scheduled duty period but not less than 24 hours following administration of the test.
See Also
HR 508 Drug/Alcohol Abuse in the Workforce
Date Created: 9/26/97
Last Updated: 7/21/98
Reviewed 2019-08-12