5.06 Commercial Driver Licensee Alcohol and Drug Testing

Origination date: 10/1/93
Revised: 1/1/2000
Applicability: Academic Professionals, Administrators, Classified Staff, Faculty, Service Professionals

Purpose

This policy has been established to ensure that Northern Arizona University meets the requirements of the U.S. Department of Transportation under the authority of the Omnibus Employee Testing Act of 1991, which mandates alcohol and controlled substance testing of commercial driver licensed employees.

Employees Subject to Testing

Any university employee (regular full-time or part-time, temporary or student employee) whose job description involves a safety-sensitive function or requires possession of a commercial driver's license (CDL) for employment purposes, is subject to drug and/or alcohol testing. Some examples of these job descriptions include: bus driver, heavy equipment operator, and groundskeeper, etc.

Substances to be Tested

Substances to be tested for under this policy are:

• Breath alcohol concentration (BAC)
• Controlled substances (to include but not limited to) cocaine, marijuana, opiates (including heroin) amphetamines, and phencyclidine (PCP).

In accordance with the federal regulations:

• No employee shall be on duty while possessing or consuming alcohol.
• No employee shall be on duty while possessing, using, or exhibiting any trace of controlled substances in the body.
• No employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having a breath alcohol concentration (BAC) of 0.02 or greater. Safety-sensitive functions are defined as those which could endanger the life of the employee, other employees, students, or members of the public.
• No employee shall report to duty within a minimum of four hours after consuming alcohol.
• No employee required to take a post accident alcohol test shall consume alcohol for a minimum of eight hours following the accident, or until he/she undergoes a post-accident test, whichever occurs first.
• Medicine which may contain alcohol or controlled substances may be used while operating a vehicle pursuant to the instructions of a physician who has informed the employee that the substance will not adversely affect the employee's ability for safe operation. An employee is required to inform his/her supervisor of such instances and may be required to provide appropriate medical documentation prior to performing safety sensitive functions. Failure to notify the supervisor of such instances may result in disciplinary action, up to and including termination.
• An employee must notify his/her supervisor if controlled substances are used during participation in religious ceremonies. The employee may be required to provide documentation to the supervisor from a physician confirming the substance will not adversely affect the employee's ability for safe operation. This is to be provided prior to the performance of safety sensitive functions. Failure to notify the supervisor of such use of controlled substances may result in disciplinary action, up to and including termination.

Alcohol and Controlled Substance Testing Required

Pre-employment - Testing shall be administered after an offer to hire has been made and prior to an employee actually performing safety sensitive functions for the first time. Testing is also required for employees who are transferred/promoted into a classification requiring a commercial driver's license. All applicants who refuse or fail to pass a pre-employment drug and alcohol test will result in the employment offer being withdrawn.

Post-accident - Testing shall be administered after an accident has occurred where the employee received a moving traffic citation and after every accident involving a fatality, regardless of who was at fault. Testing shall occur within a minimum of two hours, but not to exceed an eight hour period following the accident.

Random - Testing shall be administered on an unannounced basis prior to, during, or immediately following performance of safety sensitive functions. Employees required to participate in drug/alcohol tests will be randomly selected.

Reasonable suspicion - Testing shall be administered when a supervisor has a “reasonable suspicion” an employee(s) has violated the alcohol/drug policy. If a supervisor has a "reasonable suspicion" that employee(s) are in violation of the alcohol/drug policy, the employee(s) will be referred to the testing site immediately.

All testing is coordinated by the Risk Management Department.

Random Testing Pool and Frequency

A minimum of 50% of the eligible employee pool will be tested each calendar year for controlled substances.

A minimum of 25% of the eligible employee pool will be tested each calendar year for random alcohol testing. (This will fluctuate based on federal regulations).

The names of all eligible employees will remain in the selection pool until they are no longer required to possess a commercial driver's license.

Those employees selected from the pool and tested for any reason are not exempt from future drawings. Therefore, it is possible for any one employee to be drawn for any or all tests listed above throughout the calendar year.

Return to Duty

Unannounced periodic employee testing shall be administered for employees who have tested positive in a previous breath alcohol concentration (BAC) or drug screen and have been allowed to return to a safety sensitive position. The testing shall occur during the first twelve months following an employee's return to duty. The number and frequency shall be determined by a substance abuse professional (SAP). Follow-up testing may be extended for up to sixty months following an employee's return to work.

Self-Indentification

An employee may voluntarily self-identify that he/she may be impaired due to drug or alcohol use. Discipline will not be initiated because an employee self-identifies. The employee will be referred to a substance abuse professional (SAP) for evaluation and testing. An employee will not be permitted to drive until the substance abuse professional (SAP) has released the employee for driving. The employee will be subject to return to work/follow-up testing. An employee involved in rehabilitation may be accommodated within the employee’s department by being placed in a non-CDL position if appropriate and available. If a non-CDL position is not available, the employee will be placed on leave (paid and unpaid as available) until completion of the rehabilitation program.

Self-identification must be totally voluntary and is not allowed after an employee has been notified to report for a random, post-accident, or reasonable cause test. The employee will still be required to report for the tests stated above.

The Following Behaviors Constitute Refusal:

• Failure to appear for scheduled testing or failure to proceed to the testing site within one hour of being notified to report unless documentation of a medical reason is provided to the supervisor.
• Conduct that impedes the testing process including but not limited to tampering with urine specimens or testing devices.
• Failure to provide adequate breath or urine for testing without documentation of a medical reason to the supervisor.

Consequences of Testing Refusal

New hires - who refuse pre-employment testing, or fail to appear for testing will have the job offer withdrawn unless valid medical documentation is presented to the supervisor in advance or no later than one working day following the scheduled test.

Employees - who refuse testing, unless valid medical documentation is presented to the supervisor, will receive disciplinary action up to and including termination.

Promotion/transfer - refusal will result in the offer being withdrawn unless medical documentation is provided to the supervisor in advance or within one working day following the scheduled test.

Demotion, reclassification, or change in job description - refusal will result in disciplinary action up to and including termination unless medical documentation is provided to the supervisor.

Consequences of Positive Breath Alcohol Content (BAC)

Employees who have a (BAC) of 0.02 but less than 0.04 when tested shall be suspended from performing the employee’s duties for a minimum of twenty-four hours. Disciplinary action may be taken and a breath alcohol concentration test will be required before resuming the performance of safety sensitive functions.

Employees who have a (BAC) of 0.04 or greater when tested shall be removed from performing such duties for a minimum of twenty-four hours and disciplinary action may be taken up to and including termination. If it is determined that the employee may return to the safety sensitive position, the following conditions shall apply:

• Referral within one working day of receipt of positive test results will be made from NAU to a substance abuse professional (SAP) for evaluation.
• Successful completion of an approved rehabilitation program if recommended by a substance abuse professional (SAP) will be required. The university shall assume the cost for the initial evaluation by a substance abuse professional (SAP) to determine if the employee is to be considered for continued employment.
• Participation in a return to duty alcohol test with a result less than 0.02. Employee is subject to unannounced periodic follow-up tests during the first twelve months following an employee's return to duty. The number and frequency will be determined by the substance abuse professional (SAP). Follow-up testing may be extended for up to sixty months following an employee's return to duty.

If an employee's behavior suggests alcohol misuse, a reasonable suspicion alcohol test must be conducted.

Consequences of a Positive Drug Test

An employee who has a positive drug test shall be suspended from performing safety sensitive functions within a minimum of twenty-four hours of receipt of the positive test and disciplinary action may be taken up to and including termination. If it is determined that the employee may return to the safety sensitive position, the following conditions shall apply:

• Referral and completion of appointment with a substance abuse professional (SAP) for evaluation shall occur within one working day of receipt of a positive drug screen.
• Successful completion of an approved rehabilitation program if recommended by a substance abuse professional (SAP). The University shall assume the cost for the initial evaluation by a substance abuse professional (SAP) to determine if the employee is to be considered for continued employment.
• Participation in unannounced periodic testing, during the first twelve months following an employee's return to duty. The number and frequency will be determined by the substance abuse professional (SAP). Follow-up testing may be extended for up to sixty months following an employee's return to duty.

If an employee's behavior suggests drug abuse, a "reasonable suspicion" drug screen test must be conducted. The employee will be suspended from performing safety sensitive duties for a minimum of twenty-four hours pending test results.