Alcohol and Controlled Substances Testing Policy
January 1, 1998
| Table of Contents: | |
Appendixes: (Note: These open on new pages) |
|
This program is written to describe how the University of Wisconsin-Green Bay is complying with 49 CFR Part 382 Controlled Substance and Alcohol Use and Testing. It is the desire and intent of the University of Wisconsin-Green Bay to ensure that the persons whom it serves receive safe and efficient services and that all students, faculty and employees are provided with a safe work environment.
Jane Rank, Safety and Risk Manager, will administer and ensure compliance with 49 CFR Part 382, Controlled Substance and Alcohol Use and Testing. Supervisors who have employees covered by this program will play a vital role in assuring employee compliance with this program.
III. WHO IS COVERED BY THIS PROGRAM - Back to top 49 CFR Part 382 requires testing of all interstate and intrastate drivers of
- commercial motor vehicles with a gross vehicle weight rating (GVWR) of 26,001 pounds or more;
- commercial motor vehicles with a gross combination weight rating of 26,001 pounds or more including a towed vehicle with a gross vehicle weight rating of 10,000 pounds or more;
- motor vehicles designed to transport 16 or more passengers including the driver; or motor vehicles of any size transporting hazardous materials in amounts requiring placarding.
All UW-Green Bay employees who maintain a Commercial Drivers License as part of a job requirement are covered by this program. This includes drivers of the Campus owned 47 passenger bus used to transport sports teams and drivers of the >72 AMC 5 ton dump truck used in the Grounds Department of Facilities Management.
IV. ACTIVITIES COVERED - Back to top A driver is required to be in compliance with this policy at all times while on duty performing any safety sensitive function. On-duty time means all time from the time a driver begins work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. On-duty time includes:
- All time spent at facility waiting to be dispatched;
- All time inspecting or servicing the vehicle;
- All driving time or time spent at the driving controls of a commercial vehicle in operation;
- All time spent loading, unloading, or supervising the loading or unloading of a vehicle including completion of any related paperwork;
- All time performing those duties required of a driver involved in a vehicle accident; or
- All time spent repairing, assisting, or attending to a disabled motor vehicle.
A driver shall be considered to be performing safety-sensitive functions during any period during which he or she is actually performing, ready to perform, or immediately available to perform any safety sensitive functions.
V. PROHIBITED CONDUCT - Back to top Alcohol Concentration - A driver is prohibited from reporting for duty or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No supervisor or manager having actual knowledge that a driver has an alcohol content of 0.04 or greater shall permit a driver to perform or continue to perform safety-sensitive functions. Driver are prohibited from performing safety-sensitive functions for 24 hours following an alcohol test result indicating an alcohol concentration of 0.02 or greater but less than 0.04.
-
Alcohol possession - A driver is prohibited from being on duty or operating a commercial motor vehicle while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. Supervisors or managers having actual knowledge that a driver possesses unmanifested alcohol may not permit a driver to drive or continue to drive a commercial vehicle.
-
On-duty use - A driver is prohibited from using alcohol while performing safety-sensitive functions. NO supervisor or manager having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.
-
Pre-duty use - A driver is prohibited from performing safety-sensitive functions within four (4) hours after using alcohol. No supervisor or manager having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions. (NOTE: Employees are cautioned that refraining from alcohol for four (4) hours before reporting for duty may not result in a negative test).
The Supervisor has the discretion to place an employee on stand-by status for performing safety sensitive functions. One condition of stand-by status is the prohibition from using alcohol.
Employees who are not on standy-by status are not obligated to refrain from alcohol use during personal time. If an employee who is not on stand-by status is called in an emergency to perform a safety sensitive function and does not meet the four hour alcohol use prohibition, the employee must inform the supervisor. No disciplinary action will be taken against an employee in this situation.
An employee is expected to meet the four hour pre-duty alcohol prohibition when reporting for all scheduled duty requiring safety sensitive functions. -
Use following an accident - A driver required to take a post-accident alcohol test is prohibited from using alcohol for eight (8) hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.
-
Refusal to submit to a required alcohol or controlled substances test - A driver is prohibited from refusing to submit to a post accident, random, reasonable suspicion, return-to-duty or follow-up alcohol or controlled substances test required under the law. No supervisor or manager shall permit a driver who refuses to submit to such test to perform or continue to perform safety-sensitive functions.
-
Controlled substances use -
-
A driver is prohibited from reporting do duty or remaining on duty when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect their ability to safely perform their duties.
-
No supervisor or manager having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform a safety-sensitive function.
-
- Controlled substances testing - A driver is prohibited from reporting for duty, remaining on duty, or performing a safety-sensitive function if the driver tests positive for controlled substances. No employer having actual knowledge that a driver has tested positive for controlled substances shall permit the driver to perform or continue to perform safety-sensitive functions.
-
Covered employees are required to sign an Employee Acknowledgment Form to acknowledge receipt of the University's Alcohol and Controlled Substances Testing Policy and associated materials.
-
Covered employees are required to notify their supervisors if they are convicted of any moving traffic violation or any state laws or local ordinances relating to motor vehicle traffic control, other than parking violations. Notice shall be given within 30 days after the conviction.
-
Covered employees are required to notify their supervisors if their commercial drivers license is suspended, revoked, or canceled by a state or if they lose their CDL driving privileges for any period, including being disqualified or subject to an out-of-service order. Notice shall be given before the end of the first business day after the day on which the employee receives notice of the suspension, revocation, cancellation, disqualification or out-of-service order.
-
Before performing work-related duties, covered employees must notify their supervisor if they are taking any legally prescribed medication, therapeutic drug, or any non-prescription drug which contains any amount of alcohol or which carries a warning label that indicates the employee's mental function, motor skills, or judgement may be adversely affected by the use of this medication.
VII. NOTICE - Back to top Before performing an alcohol or controlled substances test under the requirements of the Department of Transportation rules and regulations, covered employees being tested shall be notified that the alcohol and/or controlled substances test is required by 49 CFR 382.
- General - The
University of Wisconsin-Green Bay will conduct (1) pre-employment, (2)
post-accident, (3) random, (4) reasonable suspicion, (5) return to duty,
and (6) follow up testing of drivers for the misuse of alcohol or use
of controlled substances in compliance with the requirements of 49 CFR
Part 382. All alcohol and controlled substances testing will comply
with the procedures of Title 49 CFR Part 40.
- Except for return-to-duty testing, drivers shall be subject to alcohol testing only while the driver is performing a safety-sensitive function, just before the driver is to perform a safety-sensitive function, or just after the driver has ceased performing a safety-sensitive function.
- Controlled substances tests required to be administered to drivers
may be administered at any time while the driver is at work for
the University of Wisconsin.
- Pre-employment testing -
- Upon the conditional offer of a position requiring a CDL, and prior to being assigned to perform any safety-sensitive functions, the prospective employee will be scheduled for controlled substances testing. The term prospective employee includes applicants for positions requiring a CDL and current University employees who move from a position not requiring a CDL to one which requires such a license. Employees who return to work after a layoff period during which they are not subject to random testing will also be required to undergo controlled substances testing before beginning work.
- As a condition of employment, an individual applying for a position
requiring a CDL shall provide the University of Wisconsin-Green
Bay with written authorization for previous employers to release
to the University, all records from the previous two years of positive
controlled substances test results, and records of the individual's
refusal to test, administered in accordance with the FHWA's regulations
regarding alcohol use and drug testing. If this information is not
received by the University within 14 days following the first time
the driver performs a safety-sensitive function for the University,
the driver shall be prohibited from performing safety-sensitive
functions.
- Post-accident
testing - As soon as practicable following an accident involving
a commercial motor vehicle, each surviving driver shall undergo alcohol
and controlled substance testing if: The driver was performing a safety-sensitive
function with respect to the vehicle, if the accident involved the loss
of human life; or
- The driver receives a citation under state or local law for a
moving traffic violation arising from the accident; and
- A person is injured and, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
- One or more vehicles received disabling damage as a result of the accident, requiring the vehicle(s) to be towed from the scene of the accident; or
- The supervisor determines that the use of alcohol or controlled
substances may have contributed to the accident and requests the
driver to undergo testing based on "reasonable suspicion".
- The driver receives a citation under state or local law for a
moving traffic violation arising from the accident; and
- Random testing
- Prevea Clinic Department of Occupational Medicine will manage UW-Green Bay=s Random Alcohol and Drug Screen Program. Because fewer than 50 drivers are covered by the program, UW-Green Bay will join the Prevea Consortium of small business for random testing purposes. This program will be conducted according to DOT requirements subpart 49 CFR Part 40 Section 391.109, ARandom Testing Requirements.
- The testing will be unannounced and will be dispersed throughout the calendar year.
- When randomly selected, an employee may be required to submit to either an alcohol or controlled substance test, or both.
- Drivers who are notified of selection for random alcohol and/or controlledsubstances testing shall be required to proceed to the test site immediately after being notified.
- Reasonable suspicion testing
- A driver may be required to undergo alcohol and/or controlled substance testing if the employing department has reasonable suspicion that he/she has violated the prohibitions of these rules, or if the employee's behavior and appearance indicate alcohol misuse or use of controlled substances.
- A determination that a reasonable suspicion exists that a driver has violated the alcohol prohibitions must be based on observations made during, just preceding, or just after the period of the work day that the driver is required to be in compliance with this policy.
- No driver shall be subject to reasonable suspicion alcohol testing later than 8 hours following the determination that reasonable suspicion exists to require the driver to under go such test.
- The trained supervisor or trained management official who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver.
- A written record shall be made of the observations leading to
a controlled substances reasonable suspicion test and shall be signed
by the trained supervisor or trained management official who made
the observations. The written record shall be made within 24 hours
of the observed behavior or before the results of the controlled
substances test are released, whichever is earlier.
- Return-to-duty testing
- If a driver has an alcohol test result indicating an alcohol concentration of 0.02 or greater, but less than 0.04, the driver shall be prohibited from performing a safety-sensitive function for a minimum of 24 hours.
- A driver who has undergone an alcohol test with a result of 0.04 or greater or who has a confirmed positive test for controlled substances, shall not be permitted to perform a safety-sensitive function unless:
- The driver has been evaluated by a substance abuse professional (SAP) who shall determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and controlled substances use; and
- Following a determination by a substance abuse professional that the driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the driver has complied and remains in compliance with any and all prescribed or recommended rehabilitation and/or treatment programs.
- When appropriate, the driver has undergone a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 if the driver has violated the alcohol prohibitions; and
- When appropriate, the driver has undergone a return-to-duty controlled substances test with a result indicating a verified negative result if the driver has violated the controlled substances prohibitions.
- The driver shall be subject to such return-to-duty testing for both alcohol misuse and use of controlled substances if the substance abuse professional determines testing for both alcohol and controlled substances is recommended.
- Follow-up testing
A driver who has undergone an alcohol test with a result of 0.04 or greater or who has a confirmed positive test for controlled substances, who is subject to, and has complied with the return-to-duty testing provisions, and who has been permitted to return to work shall be subject to the following:- The driver must have been evaluated by a substance abuse professional who will have determined what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and controlled substances use; and
- The driver shall be subject to unannounced follow-up testing;
- The number and frequency of such tests shall be determined by the substance abuse professional, and shall consist of at least six (6) tests in the first 12 months following the driver's return to duty;
- The substance abuse professional may terminate such tests at any time after the first six tests has been administered if he or she determines the tests are no longer necessary. Follow-up testing shall not exceed 60 months after the driver's return to work;
- The driver shall be subject to such follow-up testing for both alcohol misuse and use of controlled substances if the substance abuse professional determines testing for both alcohol and controlled substances is recommended.
All pre-employment, reasonable cause, random, post-accident, return-to-duty and follow-up testing will be conducted by Prevea Clinic Department of Occupational Medicine in accordance with the provisions of applicable federal regulations (49 CFR Part 382 and 49 CFR Part 40).
-Top-X. CONSEQUENCES FOR COVERED EMPLOYEES
- A driver with an alcohol test result indicating a concentration of
at least 0.02, but less than 0.04 is not permitted to perform safety-sensitive
functions until:
- The start of the driver's next scheduled duty period, but not less than 24 hours following administration of the test;
- When a driver has an alcohol test result indicating a concentration
of 0.04 or greater, the employee shall be prohibited from performing
any safety-sensitive functions until:
- The employee undergoes evaluation by a Substance Abuse Professional (SAP) and, where necessary, rehabilitation;
- A Substance Abuse Professional (SAP) determines that the employee has successfully complied with any required rehabilitation; and
- The employee undergoes a return-to-duty alcohol test indicating a result of less than 0.02.
- A covered employee who refuses to submit to a required alcohol test shall be deemed to have tested at a level above 0.04.
- When an employee has a positive test result indicating the use of
a controlled substance, the employee will be not be permitted to perform
safety-sensitive functions until:
- The employee undergoes evaluation by a Substance Abuse Professional (SAP) and, where necessary, rehabilitation;
- A Substance Abuse Professional (SAP) determines that the employee has successfully complied with any required rehabilitation; and
- The employee undergoes a return-to-duty test for controlled substances with a verified negative result.
- A covered employee who refuses to submit to a required controlled substances test shall be deemed to have tested positive for controlled substances.
- The FHWA will disqualify drivers for one year, under the procedures in 49 CFR 386, if a driver refuses to submit to a post-accident test after a fatal accident.
- Any employer or driver who violates the requirements of Title 49 CFR Part 382 may be subject to other penalties under the provisions of 49 U.S.C. ' 521(b).
- The federal law (49 CFR, Part 382) establishes the requirements for testing commercial drivers for the use of alcohol and controlled substances. However, the federal law does not prescribe what personnel actions or disciplinary action, if any, an employer may take against covered employees who engage in conduct prohibited by the law. Any disciplinary action taken by the University of Wisconsin-Green Bay will be based on its independent authority as an employer and will be consistent with state and federal laws and existing collective bargaining agreements.
- When a covered employee engages in any conduct in violation of the provisions of this policy or when a covered employee uses controlled substances or misuses alcohol in violation of the FHWA rules and regulations or in violation of this policy or University of Wisconsin work rules, it will form a just cause basis for appropriate discipline up to and including dismissal.
- Failure to comply with any required evaluation by a Substance Abuse Professional (SAP) or failure to comply and remain in compliance with any and all prescribed or recommended rehabilitation and/or treatment programs shall form a just cause basis for discipline or dismissal.
XII. RECORD RETENTION AND CONFIDENTIALITY
The University of Wisconsin-Green Bay will maintain all records required under the FHWA rules in the Human Resources Office and Secretary of the Faculty Office. Records will be secured with restricted access to the information. The University will not release information contained in the records except as required or permitted by law or expressly authorized or required by Title 49 CFR, ' 382.405.
Information may be released as follows:
- Upon written request, a covered employee is entitled to copies of any records pertaining to his/her use of controlled substances or alcohol, including any records pertaining to his of her alcohol or controlled substances tests;
- Copies of information on the results of alcohol and/or controlled substances testing program and any other information on the University's alcohol misuse and/or controlled substances use prevention program will be made available when requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the University or any of its drivers;
- When requested by the National Transportation Safety Board as part
of an accident investigation, the University of Wisconsin-Green Bay
will disclose information related to the employer's administration of
a post-accident alcohol and/or controlled substance test administered
following the accident under investigation;
Records will be made available to a subsequent employer upon receipt of a written request from a driver; - The University may disclose information pertaining to a driver in a lawsuit, grievance or other proceeding initiated by or on behalf of the individual and arising from the results of an alcohol and/or controlled substances test, or from the employer's determination that the driver engaged in conduct prohibited by 49 CFR 382, Subpart B, of the law. (Prohibited conduct is identified in Part VI of this policy.) (Proceedings may include, but are not limited to, a worker's compensation, unemployment compensation, or other proceeding relating to a benefit sought by the driver);
- The University of Wisconsin-Green Bay may release information regarding a driver's records as directed by the specific, written consent of the driver authorizing release of the information to an identified person.
XIII. REFERRAL, EVALUATION AND TREATMENT
- If a covered employee has a positive controlled substance test or a breath alcohol concentration test of 0.04 or greater, he/she will be referred to a Substance Abuse Professional (SAP). The SAP shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and/or controlled substances use. By law, an assessment by a SAP is mandatory before the employee is allowed to return to work and perform safety-sensitive functions. Referral to a SAP will ordinarily be made through the employee's health care provider. Employees who do not know what substance abuse services are provided under their health care plan or who do not have a health care plan, are encouraged to contact the Employee Assistance Office for information.
- The University's Employee Assistance Program is available to provide information, referral and support to employees seeking alcohol and drug abuse services, including treatment. Available information includes methods of intervening, including confrontation, when an alcohol or controlled substance problem is suspected and a listing of alcohol and drug abuse services. Employees are encouraged to use this program and seek assistance before the misuse of alcohol or controlled substances become a problem and leads to disciplinary action. Where circumstances indicate a work rule violation, use of EAP will not be a defense to avoid disciplinary action.
- Notice to Job Applicants- The employer will notify an applicant of the results of a pre-employment controlled substances test conducted under this policy if the applicant requests such results within 60 calendar days of being notified of the disposition of the employment application.
- Notice to Covered Employees - The employer will notify covered employees of the results of random, reasonable suspicion and post-accident tests for controlled substances conducted under this policy if the test results are verified positive. The employer will also notify the employee which controlled substance(s) were verified as positive.
- Reports From Medical Review Officers (MRO's) - The MRO will review confirmed positive drug test results including the chain of custody and will give the employee an opportunity to discuss the results before notifying the employer. When a Medical Review Officer (MRO) has been unable to contact a covered employee who submitted a specimen for controlled substances testing, the MRO will contact the employer's designated representative. The designated employer's representative will make reasonable efforts to contact the employee and request them to contact and discuss the results of the tests with the MRO. If the employee fails to contact the MRO within 72 hours, the test results will be reported to the employer as positive.