What else do I need to know?
Definitions
CDL: Commercial Drivers License
Controlled Substances: Marijuana, Cocaine, Amphetamines, Opiates, Phencyclidine (PCP)
Safety Sensitive Equipment: Commercial vehicles requiring a CDL licensed driver
What Are the General Rules of the Act?
The Act prohibits alcohol and controlled substance misuse that could affect performance in a safety-sensitive related function. This includes:
- The use of alcohol on the job.
- The use of alcohol during the four hours before performance of a safety-sensitive function.
- Prohibited concentrations of alcohol in the system while performing a safety-sensitive function.
- The use of alcohol following an accident.
- Exhibiting behavior and/or the appearance of alcohol misuse while performing a safety-sensitive function.
The Act also provides that a covered employee may not report for duty or remain on duty in performance of a safety-sensitive function while using any controlled substance unless a physician has advised them that the substance will not adversely affect the ability to safely operate a commercial motor vehicle.
When Are the Tests Conducted?
Tests will be required:
- As a pre-employment test before a new employee begins his job performing safety-sensitive functions.
- Within two hours following an accident with a university vehicle or vessel that results in loss of human life or injury and/or results in a traffic citation under the law.
- When randomly selected at various times for unannounced testings.
- When there is a reasonable suspicion to believe that a covered employee has violated the rules of the Act.
- Prior to returning to duty to perform safety-sensitive functions after a violation of the rules of the Act.
- A minimum of six unannounced follow-up tests will be conducted after a violation of the rules of the Act over the first year and up to five years following a return to duty.
How Are Employees Tested?
Alcohol tests are taken by evidential breath test or saliva, depending on the circumstances. Controlled substance abuse tests involve urinalysis. Tests are conducted by professionals affiliated with ̽̽’s contracted occupational health provider, Concentra Medical Services, in accordance with Department of Transportation requirements. Employees will be accompanied to the test site by their supervisor. Every reasonable effort will be made to ensure privacy and confidentiality.
Testing Locations
- Random testing and follow-up testing will be typically conducted at Concentra. Supervisors will be called by ̽̽ Risk Management & Safety and asked to accompany their employees directly to a specified location. It is a requirement under this policy that a supervisor accompany the employee to the testing site with no “pit stops” along the way.
- Pre-Employment Testing will be conducted by Concentra Medical Services by calling (802) 658-5756 to make an appointment.
Following a qualified accident/citation and/or reasonable suspicion, testing will be conducted within two hours either at Concentra or Hospital Emergency room.
What Are the Federal Penalties According to the Omnibus Transportation Employee Testing Act?
The law requires that an employee be immediately removed from performing safety-sensitive functions and the following system of federally prescribed penalties be imposed:
| If the Alcohol Concentration is: | The Federal Penalty is: |
|---|---|
| 0.02 or greater but less than 0.04 | Driving suspension until next scheduled duty but not less that 24 hours following test |
| 0.02 or greater and involved in an accident with fatality resulting | Driving suspension for one year |
| 0.04 or greater | Driving suspension for 60 consecutive days |
| 0.04 or greater in two separate incidents in three years (as reported by the University, local or state officials) | Driving suspension for 60 consecutive days |
| 0.04 or greater in three separate incidents in three years (as reported by the University, local or state officials) | Driving suspension for 120 consecutive days |
In addition to the driving suspension, a covered employee found to have an alcohol concentration of 0.04 or greater may not perform any safety-sensitive functions until they have been evaluated by a substance abuse professional, completed any required rehabilitation, and tests at less than 0.02 for the presence of alcohol.
For Controlled Substance Use:
First Offense | Referral to a substance abuse professional and submission of negative urine specimen |
|---|---|
Second Offense in Three Years | Same as first offense with 60 days driving suspension |
Third Offense in Three Years | Same as first offense with 120 day driving suspension |
Refusal to Test | One year driving suspension and submission of negative urine specimen |
Is there education available?
Training will be provided on an as-needed basis as determined by the Approval Authority or the Responsible Official.