Drug & Alcohol Testing Procedure

In conjunction with Policy 4.13 Employee Drug & Alcohol Testing

Drug & Alcohol Testing Procedures for DOT Covered Positions:

Individuals being offered or holding DOT Covered Positions at UNI, including those positions that require the employee to hold a valid Commercial Driver’s License who will be driving a commercial motor vehicle, will be subject to pre-employment, random, reasonable suspicion, post-accident, and return-to-duty drug testing as required by federal law pursuant to the procedures described herein. Procedures for DOT Covered Positions are administered in compliance with the Federal Motor Carrier Safety Administration’s (FMCSA) drug or alcohol regulations in 49 CFR Parts 300-399.

Drug & Alcohol Testing Procedures for non-DOT Covered Positions:

Employees who do not hold a DOT Covered Position at UNI will be subject to reasonable suspicion and post-accident drug and alcohol testing.

Definitions:

Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl and isopropyl alcohol.

Commercial Driver’s License (CDL): A license issued by a State or other jurisdiction, in accordance with the standards contained in 49 C.F.R. part 383, authorizing an individual to operate a class of commercial motor vehicle.

Commercial Motor Vehicle: Vehicles having 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 having a gross vehicle weight rating of 26,001 or more pounds; or designed to transport 16 or more passengers, including the driver; or used to transport materials found to be hazardous and required to be placarded under the Hazardous Materials Regulations. Dilute Specimen: A urine sample with a creatinine concentration and specific gravity values that are lower than expected for human urine.

DOT Covered Position: A position which requires a Commercial Driver’s License (CDL) in order to operate a commercial motor vehicle for the university. Employees hired into such positions are required to comply with DOT/FMCSA regulations regarding drug and alcohol testing.

Driver: Any person who operates a Commercial Motor Vehicle.

Drugs: The drugs for which tests are required under this part and DOT agency regulations are marijuana, cocaine, amphetamines, phencyclidine (PCP), and opioids (also known as a five panel screen).

Drug & Alcohol Clearinghouse: A federal database containing drug and alcohol testing information about CDL drivers who have violated the FMCSA’s drug or alcohol regulations in 49 CFR Part 382.

Employee: Any individual providing a service to the university and receiving compensation directly from the university for that service. This includes, but is not limited to, faculty, staff, administrators, graduate assistants, student employees, and student interns.

Licensed Medical Practitioner: A person who is licensed, certified, and/or registered, in accordance with applicable federal, state, local, or foreign laws and regulations, to prescribe controlled substances and other drugs.

Medical Review Officer: A licensed physician, osteopathic physician, chiropractor, nurse practitioner, or physician assistant authorized to practice in any state of the United States, who is responsible for receiving laboratory results generated by an employer's drug or alcohol testing program, and who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with the individual's medical history and any other relevant biomedical information.

Post-Accident Testing: Testing for drug and alcohol following a work-related accident.

Pre-Employment Testing: Sending a prospective employee in a DOT Covered Position for drug and alcohol testing, as to which the condition of employment is determined based on the results of the test.

Reasonable Suspicion Testing: Drug and alcohol testing based upon evidence that an employee is using or has used alcohol or other drugs in violation of the employer's written policy drawn from specific objective and articulable facts and reasonable inferences in light of experience.

Refusal to Submit: Failure by employee or prospective employee to provide a specimen for drug and/or alcohol testing, including falsification or tampering with test results, or not reporting to testing site as requested. The following behavior will constitute a refusal to submit a test including refusal to take test; inability to provide sufficient quantities of breath, saliva, or urine to be tested without a valid medical explanation; tampering with or attempting to adulterate the specimen; interfering with the collection procedure; not immediately reporting to the collection site; failing to remain at the collection site until the collection process is complete; having a test result reported by the MRO as adulterated or substituted; or leaving the scene of an accident without a valid reason before the tests can be conducted.

Return-to-Work Testing: Drug and alcohol testing following completion of a mandatory referral for a substance abuse treatment program.

Safety-Sensitive Function: All time from the time a driver begins to 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.

Sample: A sample from the human body capable of revealing metabolites, such as urine or saliva. "Sample" does not include blood, except in situations where a blood test was made on an employee involved in a workplace accident if the test was administered by or at the direction of a person providing treatment to the employee and the test was not made at the request of or by the suggestion of the employer.

Supervisor: Any individual who oversees the work or activities of an employee. This includes, but is not limited to, student employee supervisors, functional or administrative supervisors, managers, department heads, directors, deans, and academic administrators.

Pre-Employment Testing:

Upon receipt of a signed offer of employment for a DOT Covered Position, HRS shall initiate the pre-employment drug testing process with the prospective driver, including providing the prospective driver with written instructions on the process and notification in writing that participation in the employer’s drug testing program is a condition of employment. The employer-designated vendor will obtain consent and all appropriate information to begin the testing.

The university is also required to conduct a pre-employment query of the Drug & Alcohol Clearinghouse to obtain alcohol and drug testing information from any DOT-regulated employer that employed a prospective driver in the preceding three years. Therefore, as a condition of employment, an applicant who receives a conditional offer of employment must, as a condition of employment, provide written consent through the Drug & Alcohol Clearinghouse for UNI to obtain such information, as required by law.

Reasonable Suspicion Testing:

To investigate suspected violations of this policy, the university will conduct reasonable suspicion drug and alcohol testing. Employees may be subject to reasonable suspicion testing based upon, but not limited to, observations of apparent use or possession of alcohol or controlled substances or impairment believed to be the result of use of alcohol or controlled substances. Determination that reasonable suspicion exists must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors indicating drug or alcohol use, or the chronic and withdrawal effects of drugs and/or alcohol. Such observations must be personally observed and documented by two supervisors for non-DOT covered positions and at least one university supervisor who has received necessary training, covering the physical, behavioral, speech, and performance indicators of probable drug and alcohol use as required for DOT covered positions.

Alcohol testing may be done only if the observations above are made while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has stopped performing such functions.

With appropriate documentation, and in consultation with the Director of HRS or designee, drivers will be sent for testing immediately following notification that sufficient reasonable suspicion exists.

Employees will be escorted by a member of management or another official designee, to an identified employer-designated testing facility, and transportation will be arranged from the testing facility paid by the university. Employees will not be allowed to drive themselves home from the testing facility. The employee will be placed on administrative leave and may not report to work until test results have been received by the university.

Post-Accident Testing:

Whenever an employee in a DOT Covered Position is involved in an accident while operating a commercial motor vehicle, the employee is required to notify their immediate supervisor and immediately report for testing. In addition, the driver shall follow the Driver’s Post-Accident Checklist, which every driver is given at the time he/she is hired.

Drivers are prohibited from using alcohol for eight (8) hours following any accident in which they are operating the university’s commercial motor vehicle, or until being tested for controlled substances and alcohol, whichever occurs first.

Specific procedures are as follows:

1. An accident involving a fatality: a. Testing
   1. Alcohol Test – A driver must submit to a post-accident alcohol test regardless of fault or if the driver is cited. The test must be administered within an eight (8) hour timeframe following the accident. If testing is not administered within the first two (2) hours, the reasons must be documented. If testing is not conducted within eight (8) hours the reasons that the test were not conducted must be documented. After eight (8) hours, there will be no more attempts to conduct an alcohol test.
   2. Drug Test – A driver must submit to a post-accident drug test as soon as practicable after an accident – every time, regardless of fault or if the driver is cited. The test must be administered within a thirty two (32) hour timeframe following the accident.
2. An accident involving a person requiring immediate medical attention away from the scene of the accident: a. Testing
   1. Alcohol Test – If the driver is cited within an eight (8) hour timeframe of the accident then the driver must submit to a post-accident alcohol test. The test must be administered within the eight (8) hour timeframe following the accident. If testing is not administered within the first two (2) hours, the reasons must be documented. If testing is not conducted within eight (8) hours the reasons that the test were not conducted must be documented. After eight (8) hours, there will be no more attempts to conduct an alcohol test.
   2. Drug Test – If the driver is cited within a thirty-two (32) hour timeframe of the accident then the driver must submit to a post-accident drug test.
3. An accident involving a vehicle needing to be towed: a. Testing
   1. Alcohol Test – If the driver is cited within an eight (8) hour timeframe of the accident then the driver must submit to a post-accident alcohol test. The test must be administered within the eight (8) hour timeframe following the accident. If testing is not administered within the first two (2) hours, the reasons must be documented. If testing is not conducted within eight (8) hours the reasons that the test were not conducted must be documented. After eight (8) hours, there will be no more attempts to conduct an alcohol test.
   2. Drug Test – If the driver is cited within a thirty-two (32) hour timeframe of the accident then the driver must submit to a post-accident drug test.

In the event that law enforcement officials administer a breath or blood test for the use of alcohol or a urine test for the use of controlled substances, the results of such tests may be used for purposes of this policy. If the driver isn’t readily available for alcohol or drug testing, he/she may be deemed to have refused to submit to testing.

Random Testing:

Employees holding a DOT Covered Position will be required to submit to testing on an unannounced random basis. All employees in a DOT Covered Position will have an equal chance of being selected each and every time the selection is conducted. Appropriate safeguards are also present to ensure that the identity of individual drivers cannot be determined prior to the selection. The dates for administering the random testing will be reasonably spread throughout the calendar year. The university will comply with the FMCSA Administrator’s decision on the minimum annual percentage rate for random alcohol and controlled substances tests.

Refusal to Submit:

Refusal to submit for testing required under this policy will be considered a violation of this policy, and handled the same as a positive test result.

Annual Query of the Drug & Alcohol Clearinghouse:

The university must conduct a query of the Drug & Alcohol Clearinghouse at least once per year for information for all employees holding a DOT covered position to determine if positive drug or alcohol test records exist for these employees. In lieu of a full query, the university may obtain the individual driver’s consent to conduct a limited query to satisfy the annual query requirement. If the limited query shows that positive drug or alcohol test records exist for an individual driver, the university must conduct a full query within 24 hours.

Supervisory Training:

In accordance with the Omnibus Testing Act, the university shall ensure that persons designated to determine whether reasonable suspicion exists to require an employee in a DOT Covered Position to undergo testing must receive at least 60 minutes of training on alcohol misuse and receive an additional 60 minutes of training on controlled substance use. This training shall cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances.

Testing Methodology:

For drug testing, the driver will be tested for the presence of marijuana, cocaine, amphetamines, phencyclidine (PCP), and opioids. For alcohol testing, a confirmed alcohol concentration level of 0.04 or higher, expressed in terms of grams of alcohol per two hundred ten liters of breath, or its equivalent, is considered a positive alcohol test result and violates this policy. A driver found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall not perform, nor be permitted to perform, safety-sensitive functions for at least 24 hours. Alcohol concentration results of less than 0.02 are considered negative for the purposes of this policy.

The laboratory will report the analysis of the initial, confirmatory, and second confirmatory or “split specimen” urine drug screen test results directly to the medical review officer (MRO). The MRO shall review and interpret all test results, including quantitative and qualitative results, to ensure the chain of custody is complete and sufficient. Prior to reporting positive test results, the MRO will provide the driver an opportunity to confidentially discuss information which may be relevant to the drug test, including identification of prescription or nonprescription drugs currently used or any other relevant medical information. To the extent feasible, the testing shall only measure, and the records concerning the testing, shall only make use of information regarding drugs in the body.

For alcohol, the certified Breath Alcohol Technician (BAT) or Salvia Testing Technician (STT) performing the alcohol test shall report the results directly to the Director of HRS or designee.

A verified positive drug test will be communicated to the driver in writing, and include the name and address of the MRO who made the report and the prospective employee’s right to request records. These results will be communicated to current driver by certified mail, return receipt requested. The written notification of a positive test result will include the driver’s right to request and obtain a second confirmatory test of the previously collected sample at an approved laboratory of the employee’s choice and the fee payable by the driver to the university for reimbursement of expenses concerning the test.

Immediately after receiving a verified positive drug test from the MRO or a verified adulterated or substituted drug test result, UNI will remove the driver from their safety-sensitive function. The driver will be placed on administrative leave without pay until the employee completes the treatment recommended the Substance Abuse Professional. Only after completing such treatment will the driver be eligible to complete return-to-duty testing.

Return-to-Duty Testing:

For employees holding a DOT Covered Position, return-to-duty testing is done after a driver, (i) has engaged in prohibited conduct concerning alcohol and/or controlled substances, (ii) has completed the evaluation by a Substance Abuse Professional (SAP), (iii) is successfully complying with the recommended treatment program as prescribed by the SAP, and (iv) is ready to return to work. A driver may only be returned to a DOT Covered Position if the results of the return-to-duty controlled substances test are a verified negative and/or the alcohol test result is less than 0.02. It is at the university’s discretion whether to return the driver to safety-sensitive duties after the driver has met these conditions.

In the event of a negative result dilute specimen, retesting will be required and paid for by the university. The driver/prospective driver will be notified in writing of the dilute specimen and be required to return for testing within 24 hours of notice. A second negative result dilute specimen will be handled the same as a positive test result. A positive result dilute specimen will be handled the same as a positive test result.

Upon sending a driver for testing, the Director of HRS or designee will receive testing results. All testing results will be securely maintained in HRS consistent with the confidentiality requirements imposed by federal law.

The university is required to report any drug and alcohol violations to the Drug and Alcohol Clearinghouse by the close of the third business day of the triggering event including an alcohol confirmation test result with an alcohol concentration of 0.04 or greater; a negative return-to-duty test result; the driver’s refusal to submit to a DOT Test for drug or alcohol use; an “Actual Knowledge” violation, as defined in 382.107; and a report that the driver successfully completed all follow-up tests as ordered by the Substance Abuse Professional (SAP).

Self-Identification:

The university encourages drivers who recognize they may have a problem with drugs and/or alcohol to seek assistance to resolve the problem. The university will not take disciplinary action against an driver who makes a voluntary admission of alcohol misuse or controlled substance if the driver makes the admission of alcohol misuse or controlled substances use prior to performing a safety-sensitive function; and the driver does not perform a safety-sensitive function until the university is satisfied that the driver has been evaluated and has successfully completed education or treatment requirements.