Mandatory Drug and Alcohol Testing for CDL Holders
Current Version: July, 2011
Responsible Officer: Director of Human Resources
In order to promote highway safety and in accordance with the Omnibus Transportation Employee Testing Act of 1991 and U.S. Department of Transportation (DOT) Rule 49 CFR Part 40 and The Federal Motor Carrier Safety Administration's (FMCSA) rule, 49 CFR 382, James Madison University will conduct mandatory drug and alcohol testing of all university employees who are required to possess a commercial driver's license (CDL).
This policy is written in keeping with the Virginia Department of Human Resources Policy 1.05, Alcohol and Other Drugs.
Any product as defined in "The Alcoholic Beverage Control Act," section 4.1-100 of the Code of Virginia, as amended.
A specimen that contains a substance that is not expected to be present in human urine or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine.
Commercial Driver's License:
Any of three types of commercial driver's licenses:
Class A: Any combination of vehicles with a gross vehicle weight rating (GVWR) of 26,001 or more pounds provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.
Class B: Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR.
Class C: Any single vehicle or combination of vehicles that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is placarded for hazardous materials.
Contract Testing Facility (Contractor):
A medical facility including its laboratory, certified for alcohol and drug testing by the U.S. Department of Health and Human Services.
Employees who are required to possess a commercial driver's license and the mandatory testing for alcohol and illegal drug use is a condition of their employment.
Any controlled substance included in Schedules I through V of the "Drug Control Act," Title 54.l, Chapter 34 of the Code of Virginia, as amended, updated or republished, except a controlled substance included in Schedules II through V and used by the employee whose conduct is in question pursuant to a valid prescription for medical purposes filled in the United States.
Medical Review Officer (MRO):
A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for certain drug test results.
Substance Abuse Professional (SAP):
A person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.
This policy is applicable to all employees of the university, whether classified or non-classified, full-time or part-time, salaried or hourly who are required to possess a valid commercial driver’s license for performance of their jobs.
All university employees have a responsibility to ensure that their duties are not impaired by the use of drugs or alcohol. Further, employees who operate state-owned vehicles and equipment, and are required to hold a CDL, are subject to a higher degree of regulation than other drivers. They will keep their supervisors informed as to any prescription medications they are using which may affect their work. To ensure compliance, JMU will conduct a program to identify covered employees who test positive for alcohol and illegal drugs. Employees testing positive will be immediately removed from driving duties and charged with a Group III violation of the State's Standards of Conduct, which alone may warrant termination. This procedure is applicable to all current and future JMU employees. Attachment 'A' is the advisory memorandum that will be sent to all persons employed in, and being considered for, assignment to covered positions.
5.2 Testing Conditions
Covered employees will be designated for alcohol and drug testing under the following conditions. A refusal to take the tests, the discovery of an adulterated specimen or the tampering of the sample will be considered a Group III violation of the Standards of Conduct and may result in the termination of employment:
5.3 Supervisor Responsibilities
Supervisors are responsible for evaluating the fitness of their covered employees to perform their duties. In the event covered employees do not appear able to perform their CDL functions safely, supervisors must relieve these employees of their duties, document the circumstances, and notify HR or the departmental designee so that those individuals may be tested. In the event HR or the departmental designee is not available to arrange the tests, supervisors are authorized to work directly with the contract medical facility.
Supervisors are also required to participate in the drug and alcohol program overview and substance abuse training provided by the university.
5.4 Contractors and Vendors
All vendors and contractors providing goods and service for the university shall be able to show compliance to the aforementioned regulations upon request. Faculty and staff who initiate or solicit the services of vendors and contractors should ensure that proof of vendor/contractor compliance is received before entering in to any contractual arrangement including the issuing and authorization of an official purchase order.
6.1 Contract Testing Facility
A contract medical facility will conduct the tests, analyze the results, and counsel covered employees regarding the outcome of the test(s). Only personnel trained in the use of equipment and taking specimens will be involved in the testing process. Further, JMU will rely on the Contractor and its Medical Review Officer (MRO) to provide appropriate documented data and testimony in the event the test results in an adverse employment action or a grievance.
6.2 Testing Process
6.3 MRO Procedures for Positive Test Results
The MRO will have a confidential discussion (in person or by telephone) with covered personnel as soon as feasible whenever there are positive results to the tests. In the case of alcohol, a positive result is anything above the .02 level. The MRO will determine if there is a legitimate explanation for any deviation from the normal. Covered employees will have 72 hours to decide if s/he would like the split urine specimen sent to another laboratory (It also must be certified for alcohol and drug testing by the U.S. Department of Health and Human Services), to have the split examined in the same laboratory, or take no action in the matter. The employing department will pay for the second analysis only if it results in a negative presence of alcohol or illegal substance. At the conclusion of the counseling, the MRO will telephone HR or the departmental designee and send a confidential report to the HR Director or the HR Director’s designee.
Supervisors will be given a minimum of 60 minutes of training on controlled substance abuse and 60 minutes on alcohol misuse. This training will include information on how alcohol and drugs affect work performance, the alcohol and drug testing process, employee assistance programs, and possible corrective action in the event of a positive test. Supervisors will also be given training on how to recognize, confront, and document incidents possibly caused by substance abuse.
Employees will be given a minimum of 60 minutes of training on controlled substance abuse and alcohol misuse, how alcohol and drugs affect work performance, the alcohol and drug testing process, employee assistance programs, and possible corrective action in the event of a positive test.
6.5 Discipline and Corrective Action
6.5.1 Corrective Action
Covered employees testing positive for drugs or above the .04 alcohol level will be immediately removed from driving duties and will be charged with a Group III violation of the State's Standards of Conduct, which alone may warrant termination. (As a minimum corrective action, the aforementioned employee will be suspended without pay for 30 days and referred to a substance abuse professional (SAP)). The employee will be expected to satisfactorily complete the prescribed treatment as a condition of his/her return to work. Payment for the treatment is the responsibility of the employee.
6.5.2 Other Disciplinary Action
6.6 Return-to-Duty Re-Evaluation
Prior to being reassigned to a CDL position, covered employees must undergo substance abuse testing and counseling by the same SAP. If returned to duty, the employee will be subject to a minimum of six unannounced follow-up tests over the next twelve months of active service with the possibility of unannounced testing for up to 60 months (as prescribed by the SAP).
All records and correspondence for covered employees must be maintained and available during the length of employment plus five years. The material will consist of the notification memorandum, training periods, and tests conducted for any reason. In addition, HR or the departmental designee will maintain a confidential file concerning any positive alcohol and drug tests, moving vehicle accidents as they pertain to this policy, communications with the MRO, related corrective actions, and reports of drug/alcohol tests for reasonable suspicion. (All recordkeeping that is required by law and listed in U.S. DOT Rule 49 Part 40 may be kept by the Contractor as long as it can provide the information within two business days of an official request by DOT officials. The information will be released on a need-to-know basis only.)
The Director of Human Resources is responsible for the consistent application of this policy. The Director of Human Resources, as well as vice presidents, directors, and supervisors are to ensure that covered employees are informed of this policy and any subsequent changes. Questions related to the application of this policy should be directed to Human Resources
In addition, directors are responsible for their department’s prompt, effective adherence to this policy.
Supervisors are responsible for evaluating the fitness of their covered employees to perform their duties and taking corrective action when appropriate.
Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.
This policy does not apply to university employees who are not required to possess a commercial driver’s license (CDL).
The authority to interpret this policy rests with the President, and is generally delegated to the Director of Human Resources.
Previous version: August, 2009
Approved by the President: January, 2008