Workplace Drug and Alcohol Testing Program for Commercial Drivers

Purpose
References
Definitions
Employee Notification and Education Materials
Prohibitions
Tests Required
Collection of Breath and Urine Specimens and Laboratory Analysis
Test Results
Consequences
Record Retention and Confidentiality
University of Utah Procedures on Rules of Misconduct
Appendix A

PURPOSE:
The purpose of this program is to set forth the procedures for the implementation of controlled substances and alcohol testing of driver applicants and current drivers pursuant to the Federal Highway Administration regulations. This program is designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. The University of Utah program administrator designated to monitor, facilitate, and answer questions pertaining to these procedures is the Occupational Safety Specialist, Environmental Health and Safety.
REFERENCES:
1. Code of Federal Regulations, Title 49, Subchapter B-Federal Motor Carrier Regulations, Federal Highway Administration (FHWA), Part 382-Controlled Substances and Alcohol Use and Testing.
2. Code of Federal Regulations, Title 39, Subchapter B-Federal Motor Carrier Regulations, Federal Highway Administration, Part 40-Procedures for Transportation Workplace Drug Testing Programs.
3. University of Utah Policy and Procedure 2-9, Disciplinary Sanctions and Termination of Staff Personnel.
4. University of Utah Policy and Procedure 2-12, Drug-Free Workplace.
DEFINITIONS:
When interpreting or implementing these procedures, the following definitions apply:
1. "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
2. "Alcohol concentration (or content)" means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this part.
3. "Collection site" means a place where individuals present themselves for the purpose of providing breath or body fluid to be analyzed for specified controlled substances. The site must possess all necessary personnel, materials, equipment, facilities and supervision to provide for the collection, security, temporary storage and transportation or shipment of the samples to a laboratory.
4. "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 or more pounds; 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 purposes 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).
5. "Controlled Substance" and "Drug" are interchangeable terms and have the meaning assigned by 21 U.S.C. 802 and includes all substances listed on Schedules I through V as they may be revised from time to time (21 CFR 1308). This program will test for the presence of the following substances: Marijuana, Cocaine, Opiates, Amphetamines, and Phencyclidine (PCP).
6. "Driver" means any employee who operates a commercial motor vehicle. All employees operating a commercial motor vehicle must have a current valid State of Utah Commercial Driver's License. Drivers include, but are not limited to: full time, regularly employed drivers; casual part time, and intermittent or occasional drivers. For the purposes of pre-employment/pre-duty testing only, the term "driver" includes a person applying to a position which requires a CDL.
7. "Medical Review Officer (MRO)" means a licensed M.D. or D.O. with knowledge of drug abuse disorders that is employed or utilized by the University of Utah to conduct drug testing in accordance with this program.
8. "Performing a safety sensitive function" means a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately after performing any safety-sensitive functions.
9. "Random selection process" means that alcohol and drug tests are unannounced; and that each driver has the same equal chance of being tested each time selections are made.
10. "Reasonable cause" means that the actions or appearance or conduct of a commercial motor vehicle driver who is on duty as defined below, are indicative of the use of a controlled substance.
11. "Safety-sensitive function" means any of those on-duty functions set forth in CFR 49 part 395.2.
12. "On duty time" means all time from the moment a driver begins to work or is required to be in readiness to work until he/she is relieved from work and all responsibility for performing work.
EMPLOYEE NOTIFICATION AND EDUCATION MATERIALS
1. All driver employees and all prospective drivers will receive educational materials explaining the requirements of the federal regulations and of this program. The materials will be distributed to each driver prior to the start of alcohol and drug testing.
2. All drivers will sign a statement certifying that he or she has received a copy of the educational materials. Each department shall maintain the original certificate, and may provide a copy to the employee.
3. All supervisory persons of drivers shall receive at least 60 minutes of training on alcohol misuse awareness and at least 60 minutes of training on drug use awareness. The training shall cover physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of drugs.
PROHIBITIONS
1. Alcohol Prohibitions: This program prohibits any alcohol misuse that could affect performance of a safety-sensitive function, including:
  1. Use while on-duty.
  2. Use for the 4-hours before duty.
  3. Reporting for duty or remaining on duty to perform safety-sensitive functions with an alcohol concentration of 0.04 or greater.
    Note: 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. The other consequences imposed by the regulations and discussed below do not apply. However, documentation of this test constitutes written warning that University of Utah program has been violated, and the next occurrence could result in disciplinary action.
  4. Possession of alcohol, unless the alcohol is manifested and transported as part of a shipment. This includes the possession of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken.
  5. Use during eight hours following an accident, or until he/she undergoes a post-accident test.
2. Drug Prohibitions: In accordance with FHWA rules, urinalysis will be conducted to detect the presence of the following substances: Marijuana, Cocaine, Opiates, Amphetamines, and Phencyclidine (PCP). Detection levels requiring a determination of a positive result shall be in accordance with the guidelines adopted by the FHWA in accordance with the recommendations established by the DOT. This program prohibits any drug use that could affect performance of safety-sensitive functions, including:
  1. Use of any drug, except by doctor's prescription, and then only if the doctor has advised the driver that the drug will not adversely affect the driver's ability to safely operate the commercial motor vehicle.
  2. Testing positive for any drug.
3. Refusal to Take Required Test: Refusal by employee to submit to required alcohol and/or drug testing will constitute a positive test result.
4. Prescription Medications. Drivers taking legally prescribed medications issued by a licensed health care professional familiar with the driver's work-related responsibilities must report such use to their immediate supervisor or dispatcher, and may be required to present written evidence from the health care professional which describes the effects such medications may have on the driver's ability to perform his/her tasks. In the sole discretion of the driver's supervisor, a driver may be temporarily removed, with pay, from a safety-sensitive position if deemed appropriate.

TESTS REQUIRED

Applicant Testing. As a condition of employment, all driver applicants will be required to submit to and pass a urine drug test. Job applicants who are denied employment because of a positive test, may reapply for employment after six months. Current University employees being moved into a CDL-required position must comply with the regulations for new applicant testing.
1. Offers of employment are made contingent upon passing the drug test. Driver applicants who have received firm employment offers are to be cautioned against giving notice at their current place of employment, or incurring any costs associated with accepting employment with the University of Utah until after clearance has been received.
2. All newly hired drivers shall be on a probationary status for 6 months, contingent upon medical clearance for illicit controlled substance, as well as other conditions explained in the personnel policies. Under no circumstances may a driver perform a safety sensitive function until a confirmed negative result is received.

Drivers. Under all circumstances, when a driver is directed to provide either a breath test or urine sample in accordance with these procedures, he/she must immediately comply as instructed. Refusal will constitute a positive result, and the driver will be immediately removed from the safety-sensitive function, and will be subject to further disciplinary action.

Suspicion-Based Testing:

Reasonable Suspicion. If a driver is having work performance problems or displaying behavior that may be alcohol or drug related, or is otherwise demonstrating conduct that may be in violation of this program where immediate management action is necessary, a supervisor, with the concurrence of another supervisor trained in drug and alcohol awareness, will require that driver to submit to a breath alcohol test or urinalysis. The following conditions are signs of possible alcohol or drug use (not all-inclusive):

Abnormally dilated or constricted pupils
Slowed reaction rate
Glazed stare, redness of eyes (sclera)
Dulled mental process
Excessive, unexplained absences
Flushed face
Change of speech
(i.e. faster or slower)
Difficulty walking
Constant sniffing
Slurred speech
Increased absences
Smell of alcohol

Constant fatigue or hyperactivity
Redness under nose
Sudden weight loss
Needle marks
Change in personality
(i.e. paranoia)
Increased appetite for sweets
Forgetfulness
Performance faltering
Poor concentration
Borrowing money from coworkers or seeking an advance or any other unusual display of need for money

Supervisors must take action if they have reason to believe one or more of the above listed conditions is indicated, and that the substance abuse is affecting a driver's job performance or behavior in any manner. A supervisor observing such conditions will take the following actions immediately:
1. Confront the employee involved, and keep the employee under direct observation until the situation is resolved.
2. Secure another supervisor's concurrence to observations; job performance and program violations must be specific.
3. After discussing the circumstances with another supervisor, the driver's supervisor will arrange to observe or talk with the driver. If he/she believes, after observing or talking to the driver, that the conduct or performance problem could be due to substance abuse, the driver can be immediately required to submit to a breath test or urinalysis. If the driver refuses to submit to testing for any reason, the driver will be informed that continued refusal may result in termination.
4. Employees will be asked to release any evidence relating to the observation for further testing. Failure to comply may subject the employee to subsequent discipline or suspension from driving duties. All confiscated evidence will be receipted for with signatures of both the receiving supervisor and the provider.
5. If upon confrontation by the supervisor, the driver admits to use but requests assistance, the supervisor will arrange for assessment by an appropriate substance abuse professional (SAP) at the Unversity Counseling Center. Reassignment to the driver position is conditional to completing the SAP's guidelines and return to work testing.
The supervisor shall, within 24 hours or before the results of the controlled substance test are released, document the particular facts related to the behavior or performance problems.
The supervisor will remove or cause the removal of the driver from the Commercial motor vehicle and ensure that the driver is transported to an appropriate collection site.
If, during the course of employment, the driver acknowledges a substance abuse problem and requests assistance, the problem may be treated as if it were an illness, subject to the provisions set forth below:
1. The decision to seek diagnosis and accept treatment for the substance abuse problem, and any associated costs, are the responsibility of the driver; and
2. The diagnosis and prescribed treatment of the driver's condition will be determined by health care professionals designated by the University of Utah in conjunction with the driver's physician; and
3. The driver may be placed on medical leave for a predetermined period recommended by those medical professionals if the SAP determines that such action is appropriate.

Post Accident Testing. The FHWA defines an "accident" as an accident which results in the death of a human being; or results in bodily injury to a person who, as a result of the injury, immediately received medical treatment away from the scene of the accident; or results in one or more of the involved vehicles being towed from the scene. Except for a fatality accident, a driver must receive a citation for a moving violation with respect to the accident to be required to submit to testing.
1. All drivers operating a commercial motor vehicle involved in an accident (as defined by FHWA) are required to provide a breath test and a urine specimen for testing "as soon as practicable" after an accident.
2. The driver shall remain readily available for post-accident testing and shall not leave a scene of an accident before a required test is administered, or may be deemed by their supervisor to have refused to submit to testing. No alcohol may be consumed for eight hours after the accident or until a test is conducted. If the driver is seriously injured and cannot provide a specimen at the time of the accident, he/she shall provide the necessary authorization for obtaining hospital reports and other documents that would indicate whether there were any controlled substances in his/her system.
3. If the testing is not performed within 2 hours following the accident, the supervisor shall prepare and maintain on file a record stating the reasons why the tests were not promptly performed. If an alcohol test required by this program is not administered within eight hours following the accident, the supervisor shall cease attempts to administer the alcohol test and shall prepare and maintain a record of reasons.
4. If a controlled substance test is not administered with 32 hours, the supervisor shall cease attempts to test, and shall prepare and maintain a record of reasons. These records will be made available to FHWA upon request.
Random Testing. The University of Utah will conduct random testing for all drivers as follows:
1. A random selection process which removes discretion will be adopted by the University of Utah. This process will select drivers through the use of a computerized program.
2. The random testing, once begun, will provide for alcohol testing of at least twenty five percent (25%) of all drivers, and will provide for drug testing of at least fifty percent (50%) of all drivers, or as designated by FHWA for a given year.
3. The random testing will be reasonably spaced over any twelve (12) month period.
4. Once notified, a driver must proceed immediately to the assigned collection site.
Return To Duty Testing. After engaging in conduct prohibited by this program, and before the driver returns to duty requiring the performance of a safety-sensitive function, the driver shall undergo a return to duty alcohol test with a result of less than a 0.02 BAC, if the alcohol prohibitions were violated; or receive a confirmed negative result from a controlled substance urinalysis test, if the controlled substance prohibitions were violated.
Follow-up Testing. Following successful completion of any approved treatment program, the driver will be required to submit to at least six (6) random drug tests during the next consecutive 12 months, and follow-up testing may be conducted for up to 60 months. Failure to adhere to this condition is grounds for immediate termination.

COLLECTION OF BREATH AND URINE SPECIMENS AND LABORATORY ANALYSIS
1. Breath alcohol testing will be conducted either on site or at a prearranged location by a qualified Breath Alcohol Technician according to CFR 49 Part 40 procedures. Refusal to submit to testing will also be considered a positive result. Refusal may be defined as not providing a breath sample or urine as directed, neglecting to sign appropriate control forms, using alcohol within eight hours following an accident, or engaging in conduct that clearly obstructs the testing process.
2. Specimen collection will be conducted in accordance with applicable state and federal law. The collection procedures will be designed to ensure the security and integrity of the specimen provided by each driver, and those procedures will strictly follow federal chain-of-custody guidelines. Moreover, every reasonable effort will be made to maintain the dignity of each driver submitting a specimen for analysis in accordance with these procedures.
3. Collection of breath and urine samples must always be documented and sealed with a tamper-proof sealing system in the presence of the driver, to insure that all tests can be correctly traced to the driver.
4. A laboratory certified by Department of Health and Human Services (DHHS) to perform urinalysis for the detection of the presence of controlled substances will be retained by the University of Utah. The laboratory will be required to maintain strict compliance with federally approved chain-of-custody procedures, quality control, maintenance and scientific analytical methodologies.
5. Drug tests analysis from the DHHS approved laboratory will be forwarded directly to the Medical Review Officer assigned by the University of Utah.
TEST RESULTS
1. Any driver testing positive for the presence of a controlled substance will be contacted by the Medical Review Officer (MRO). The driver will be allowed to explain and present medical documentation to explain any permissible use of a drug. All such discussions between the driver and the MRO will be confidential. The University of Utah will not be a party to, or have access to matters discussed between the driver and the MRO. If medically supportable reasons exist to explain the positive result, the MRO will report the test result to the University of Utah as a negative result.
2. Within 72 hours after the driver has been notified of a positive test result for drugs, he/she may request a retest of the split sample. This signed request will be provided to the MRO in writing, who will then initiate the new laboratory analysis. If a different result is detected by the subsequent laboratory, the test will be voided by the MRO, and the driver's supervisor will be notified. A retest may be initiated as appropriate.
3. Results will be forwarded to the University via the program administrator and the director of the employee's department will be notified.
4. If the test result is positive, the employee shall be removed from safety sensitive functions immediately.
5. The University Counseling Center will be responsible for designating the appropriate substance abuse professional who, in conjunction with the driver's physician, will diagnose the problem and recommend treatment. The driver's successful completion of the approved treatment program is a condition of continued employment as a driver.
CONSEQUENCES
1. No driver shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by this program.
2. No supervisor shall permit any driver to perform safety-sensitive functions, including driving a commercial motor vehicle, if the supervisor has determined that the driver has violated this program.
3. Each driver who has engaged in conduct prohibited by this program shall be referred to the University of Utah Counseling Center's Alcohol and Drug Center where they will be advised of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances.
4. Each driver who engages in conduct prohibited by this program shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and controlled substance use.
5. Return to Duty:
6. In addition, each driver identified as needing assistance in resolving problems associated with alcohol misuse or controlled substance use:
RECORD RETENTION AND CONFIDENTIALITY
1. Under no circumstances, unless required or authorized by law, will alcohol or drug testing information or results for any employee or applicant be released without written request from the applicable employee.
2. Drivers are entitled, upon written request, and not later than 30 days after any drug or alcohol test, to obtain copies of any records pertaining to the driver's use of alcohol or controlled substances, including any records pertaining to his or her alcohol or controlled substance tests.
3. Each department is responsible for providing and maintaining confidential record keeping.
4. Environmental Health and Safety will maintain a copy of the annual calendar year summary report for the University for a period of five years.
UNIVERISTY OF UTAH PROCEDURES ON RULES OF MISCONDUCT
1. Positive Screen Test:
  1. First Offense. When a screen test is positive for the first time, but no evidence of drug or alcohol use on the job exists, the employee can be immediately suspended without pay until all University of Utah required testing and treatment is completed. The employee will be required to obtain a written evaluation for drug abuse from a recognized professional and/or institution (this will be at the employee's expense). Employees may be allowed to take a leave of absence to seek professional help for a drug or alcohol problem. Sick leave benefits or accrued vacation benefits may be used by employees while undergoing professional treatment. If there is evidence of drug or alcohol use on the job, the employee will be disciplined or discharged and not eligible for reinstatement.
  2. Reinstatement. To be reinstated to a job, if there is one available for which the employee is qualified, an employee must have a signed release from a doctor stating that he or she is fit for work. The employee must submit to another screen test and have a negative result within six weeks from the date he or she was suspended, otherwise the employee will be discharged. The University of Utah will decide when the test shall be administered. After the employee returns to work random drug screening will be conducted for one year.
  3. Second Offense. An employee who has been suspended for a positive drug test and allowed to return to work may be discharged for a positive result on a subsequent drug screen.
2. Consequences of Test Refusal.
  1. Prospective Employee: Refusal to give written consent for a drug screening test will terminate further action towards employment. Such applicants may reapply after a period of six months.
  2. Employee: Refusal by an employee to submit to screen testing will result in disciplinary action up to and including discharge.
3. Employees convicted for possessing or trafficking drugs may be terminated.

Appendix A
CERTIFICATION OF RECEIPT

I certify that I have received a copy of, and have read the above University of Utah Workplace Drug and Alcohol Testing Program for Commercial Drivers. I understand that as a condition of employment as a driver, I must comply with these guidelines, and do agree that I will remain medically qualified by following these procedures. If I develop a problem with alcohol or drug abuse during my employment with University of Utah, I will seek assistance through my supervisor.

Name(Print):___________________________________________

Social Security Number: _______________________________

Date: __________________________________________________

Signature(of Driver): __________________________________

Department: _____________________________________________

Supervisor's Name: ______________________________________

September 1995
02/99