CDL Operator Alcohol/Drug Testing

PURPOSE
REGULATIONS
CONTACTS
APPLICABILITY
1. These regulations apply to all persons who hold a Commercial Drivers License (CDL) and drive a Commercial Motor Vehicle (CMV) at the university.
2. A Commercial Motor Vehicle (CMV) is defined as a vehicle used to transport passengers or property if the motor vehicle:
  - Has a gross weight of 26,001 or more pounds or,
  - Is designed to transport 16 or more passengers, including the driver or,
  - Is of any size and is used to transport hazardous materials requiring placarding.
3. A driver is any person who operates a CMV for the university. The driver may be a full or part-time worker hired by the university. It also includes leased drivers and independent drivers who are directly employed by or under lease to the university or who operate a CMV with the consent of the university.
REQUIRED TESTS
1. Drivers will be tested for alcohol using an initial screening device. Positive results will be confirmed with an evidential breath testing instrument. For drug testing, urine specimen collection and testing by a laboratory certified by the Department of Health and Human Services is required.
2. Drivers will be tested for the following drugs:
  - Marijuana (THC)
  - Cocaine
  - Opiates
  - Phencyclidine (PCP)
  - Amphetamines (including methamphetamines)
3. Alcohol and controlled substances testing shall comply with the procedures set forth in 49 CFR Part 40.
4. Alcohol testing and urine specimen collection will be performed at the New River Valley Medical Center.
5. The following types of testing will be performed:
  - Pre-employment
  - Reasonable suspicion
  - Random
  - Post-accident
  - Return-to-duty
  - Follow-up
PROHIBITIONS
1. No driver shall report to duty if the driver uses any controlled substance, except by doctor's prescription, and then only if his/her ability to safely operate the vehicle has not been affected.
2. The university may require that a driver disclose the use of any therapeutic drug.
3. For a verified positive drug test the employee will be removed from driving and referred to a substance abuse professional if the driver is retained. Before returning to work as a driver the employee must follow the substance abuse professional's recommendation.
4. Any alcohol misuse that could affect driver performance is prohibited including:
  - Use while driving.
  - Use during the four hours prior to driving.
  - Reporting to duty or remaining on duty with an alcohol concentration of 0.02 or greater.
  - Possession of alcohol including medicines containing alcohol (unless the seal is unbroken).
  - Use during eight hours following an accident or until the driver undergoes a post accident test.
5. If the result of a confirmation breath alcohol test is between 0.02 and 0.039 the employee will be removed from driving for a minimum of 24 hours.
6. If the confirmation results for alcohol is 0.04 or greater the employee will be removed from driving and referred to a substance abuse professional if retained by the university. The employee must follow the substance abuse professional's recommendation before returning to work as a driver.
7. A driver will not be permitted to operate a CMV if he/she refuses to be tested for alcohol or drugs.
8. Drivers who have a confirmed positive test results or refuse to be tested are subject to disciplinary actions leading to possible dismissal.
PRE-EMPLOYMENT TESTING
1. A driver will not be permitted to operate a CMV until he/she is tested for controlled substances and the university has received a negative result from the Medical Review Officer (MRO). Pre-employment alcohol testing is not required. Drivers hired prior to the start of this policy are not required to undergo pre-employment testing.
2. A pre-employment drug test is not required if all of the following conditions are met:
  - It has been less than 30 days since the driver was in a drug testing program with a previous employer.
  - The driver has been tested for drugs in the previous six months or participated in a random drug testing program for the previous 12 months.
  - The employer ensures that the driver has no record of violations of any DOT drug use rules for the previous six months.
3. The following information will be obtained by the Human Resources office, with the driver's permission:
  - Name and address of the testing program.
  - Verification that the driver was a participant.
  - Verification that the program conforms to the regulations.
  - Verification that the driver is qualified under the regulations.
  - Documentation that the driver has not refused to be tested.
  - Verification of the date the driver was last tested.
  - Results of any test taken and/or violations within the previous six months.
4. If a driver is used more than once a year, but is not actually hired by the university (e.g., bus driver for special trips) the Facilities Management (FM) Safety Coordinator will ensure at least once every six months that the driver participates in an alcohol and drug testing program by obtaining the information listed above.
5. The university will notify a driver of the results of a drug test if the driver requests the results within 60 days of the disposition of the employment application.
6. The university is not required to rehabilitate applicants who refuse to submit or fail a pre-employment test.
7. A pre-employment test is required for an existing employee who obtains a CDL to drive a CMV for the university or transfers from a position not covered by these regulations to a position covered by these regulations.
8. The University's Safety Engineer will conduct periodic announced and unannounced audits of the FM Safety Coordinator's records and files pertaining to the CDL safety program's pre-employment testing provisions to insure compliance and conformity with Department of Transportation Regulations, 49 CFR, Part 382 Subparts A through F and 49 CFR Part 40.
RANDOM TESTING
1. Random drug testing will be performed at a minimum annual rate of 50% of the average number of driver positions.
2. Random alcohol testing will be administered at a minimum annual rate of 10% of the average number of driver positions.
3. Alcohol testing shall be performed only on the day the driver is scheduled to drive. Drivers with unscheduled driving times are subject to testing at any time they are at work.
4. Drug testing may be performed at any time the driver is at work for the university.
5. Selection of drivers will be made at the RMH Corporate Health Office using a computer-based random number generator. Sequential numbers will be assigned to drivers by the FM Safety Coordinator. The list of drivers will be kept in the FM Safety Coordinator 's Office.
6. Under the selection process, each driver shall have an equal chance of being tested each time selections are made. Some drivers may be tested more than once, some may not be tested during the year.
7. The tests will be unannounced and spread reasonably throughout the year.
8. The FM Safety Coordinator will obtain a random number from the hospital, match it to the appropriate driver and call the immediate supervisor of the driver. The supervisor shall ensure that the driver selected proceeds immediately to the testing site upon notification of being selected.
9. The Department will be responsible for providing transportation to the hospital. Employees may drive themselves to the hospital unless a trained supervisor has reason to suspect that the driver has used drugs or misused alcohol.
10. If the driver selected is on leave for greater than two weeks the FM Safety Coordinator will select another driver for testing.
11. The University's Safety Engineer will conduct periodic announced and unannounced audits of the FM Safety Coordinator's records and files pertaining to the CDL safety program's random testing provisions to insure compliance and conformity with Department of Transportation Regulations, 49 CFR, Part 382 Subparts A through F and 49 CFR Part 40.
REASONABLE SUSPICION TESTING
1. When a supervisor has been trained to detect substance abuse or alcohol misuse determines that a driver may be under the influence of either, the supervisor must require the driver to be tested.
2. Reasonable suspicion must be based on specific observations concerning the appearance, behavior, speech, or body odors of the driver.
3. A driver must submit to an alcohol and/or drug test when a trained supervisor has reasonable suspicion to believe the driver has violated the prohibitions against alcohol or drugs.
4. The supervisor who makes a reasonable suspicion determination must have received the two required 60-minute training sessions on alcohol misuse and controlled substance use.
5. Alcohol testing is authorized only if the observations are made during the day the employee is scheduled to drive. Drivers with unscheduled driving times are subject to testing any time they are at work.
6. Drug testing may be done at any time the employee is at work for the university.
7. A written record of the observations leading to a controlled substance or alcohol test shall be made and signed by the supervisor making the observations. The written record must be made within 24 hours of the observed behavior or before the results are released to the employer.
8. The immediate supervisor will call the FM Safety Coordinator who will call the hospital to schedule a time for testing. It is the responsibility of the immediate supervisor to ensure that the driver is transported to the hospital for testing.
9. A report shall be filed by the supervisor stating the reasons an alcohol test was not done if it is not administered within two hours following the observations. The report shall be sent to the Safety Manager.
10. If an alcohol test was not administered within eight hours, attempts to administer the test will cease and the supervisor will prepare a report stating why the test was not done. The report shall be sent to the FM Safety Coordinator.
11. If reasonable suspicion is observed but reasonable suspicion alcohol testing has not yet been administered, a driver shall not drive until:
  - An alcohol test is administered and the driver's alcohol concentration measures less than 0.02
  - or, 24 hours have elapsed since the reasonable suspicion.
12. If reasonable suspicion testing was done for drugs, the driver will not be allowed to drive until a negative drug result is obtained from the MRO.
13. The University's Safety Engineer will conduct periodic announced and unannounced audits of the FM Safety Coordinator's records and files pertaining to the CDL safety program's reasonable suspicion testing provisions to insure compliance and conformity with Department of Transportation Regulations, 49 CFR, Part 382 Subparts A through F and 49 CFR Part 40.
POST ACCIDENT TESTING
1. As soon as practical following an accident involving a CMV the driver will be tested for alcohol and drugs when either:
  - The accident involves a fatality or
  - The driver receives a citation under state or local law for a moving traffic violation.
2. Employees involved in an accident while operating a CMV must notify their immediate supervisor as soon as possible. For accidents on campus the supervisor will be responsible for transporting the driver to the hospital for testing within two hours. To contact the RMH Corporate Health Office call 564-5622 during normal working hours or 433-4100 (ER) after hours.
3. If the driver has not submitted to an alcohol test within two hours, a report must be prepared by the supervisor.
4. If the driver has not submitted to an alcohol test within eight hours, attempts to administer the test will cease. A report must be prepared by the supervisor.
5. If a driver has not submitted to a drug test within 32 hours attempts to administer the test will cease and a report must be prepared by the supervisor.
6. All reports will be submitted to the FM Safety Coordinator stating the reasons the tests were not administered in a timely manner.
7. The driver must refrain from consuming alcohol for eight hours following an accident, or until he/she submits at an alcohol test, whichever comes first.
8. A driver shall remain readily available for testing or may be deemed to have refused to submit to testing.
9. For accidents off campus it is the responsibility of the driver to report to the RMH Office of Corporate Health or Emergency Room as soon as possible, within two hours if possible.
10. Nothing in this part shall be construed to require the delay of medical care for an injured driver.
11. The University's Safety Engineer will conduct periodic announced and unannounced audits of the FM Safety Coordinator's records and files pertaining to the CDL safety program's post accident testing provisions to insure compliance and conformity with Department of Transportation Regulations, 49 CFR, Part 382 Subparts A through F and 49 CFR Part 40.
RETURN-TO-DUTY TESTING
1. After engaging in prohibitive conduct regarding drug use, the employee shall undergo a return-to-duty drug test before driving. The return-to-duty test must be negative for drugs.
2. After engaging in prohibitive conduct regarding alcohol misuse, the driver shall undergo a return-to-duty alcohol test before driving. The test results must show a breath alcohol concentration of less than 0.02.
3. Return-to duty tests need not be confined to the substance involved in the violation.
4. The driver must participate in any assistance program prescribed by the substance abuse professional.
5. The University's Safety Engineer will conduct periodic announced and unannounced audits of the FM Safety Coordinator's records and files pertaining to the CDL safety program's return-to-duty testing provisions to insure compliance and conformity with Department of Transportation Regulations, 49 CFR, Part 382 Subparts A through F and 49 CFR Part 40.
FOLLOW-UP TESTING
1. If a substance abuse professional determines that a driver needs assistance resolving a problem with drugs or alcohol use, the university will ensure that the driver is subject to unannounced follow-up testing following the driver's return to duty.
2. At least six tests during the first 12 months following the drivers return to duty will be performed. Follow-up testing may be done for up to 60 months.
3. Follow-up tests need not be confined to the substance involved in the violation.
4. The University's Safety Engineer will conduct periodic announced and unannounced audits of the FM Safety Coordinator's records and files pertaining to the CDL safety program's follow-up testing provisions to insure compliance and conformity with Department of Transportation Regulations, 49 CFR, Part 382 Subparts A through F and 49 CFR Part 40.
PREVIOUS EMPLOYERS
1. The university will obtain drug and alcohol test information from a prospective driver's previous employers within 14 days after an employee drives for the university. With a driver's written consent (JMU Police Record Release Form and/or DMV Form DL-93) the following information will be requested:
  - Alcohol test results with an alcohol concentration of 0.04 or greater.
  - Positive drug test.
  - Refusals to be tested.
2. This information must be obtained from any employer for which the individual drove during the last two years.
3. The release of information may take the form of personal interviews, telephone interviews, letters, or any method that ensures confidentially.
4. If the university learns from a previous employer that the driver tested positive for drugs or had an alcohol test result of 0.04 or greater, or refused to be tested, the employee cannot drive until the university has evidence the driver has met the return to duty requirements and has been subject to any required follow-up testing. A pre-employment test may serve as a return-to-duty test under such circumstances.
INFORMATION AND TRAINING
1. Before performing an alcohol or controlled substance test the Safety Engineer will notify a driver that the tests are required by these regulations. The notice can be oral or written. Use of the DOT "Controlled Substance Custody and Control Form" may serve as the required notice.
2. Drivers will be given detailed information about the effects of alcohol and drugs, employer policies and procedures, testing requirements, penalties, and how and where drivers can get help for substances abuse.
3. Supervisors of drivers will attend a one-hour training session on alcohol misuse, and a one-hour training session on drug use. Training will include the signs and symptoms used to determine reasonable suspicion testing.
4. Covered employees will sign a form stating that they have received this information and training.
5. The FM Safety Coordinator will provide information, arrange for and/or provide training, and answer questions about the materials provided. Information will be provided before alcohol and drug testing is conducted.
REHABILITATION
1. Any driver who has engaged in the prohibitions regarding alcohol misuse or drug use and is allowed to continue employment with the university will be advised of the resources available to resolve the problem. This will include the names, addresses, and telephone numbers of substance abuse professionals and counseling treatment programs.
2. The driver will be evaluated by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and drug use.
3. A substance abuse professional will be provided through the appropriate Employee Assistance Program.
4. The driver must undergo return-to-duty testing and any follow-up testing prescribed by the substance abuse professional.
5. If the driver was identified as needing assistance in resolving the problem, the driver must be evaluated by the substance abuse professional to determine if the driver properly followed the prescribed rehabilitation program.
6. The university will ensure that a substance abuse professional does not refer the driver to a practice in which he/she has financial interest.
7. The University's Safety Engineer will conduct periodic announced and unannounced audits of the FM Safety Coordinator's records and files pertaining to the CDL safety program's rehabilitation provisions to insure compliance and conformity with Department of Transportation Regulations, 49 CFR, Part 382 Subparts A through F and 49 CFR Part 40.
RECORDS
1. All records will be kept in a secure location with controlled access. Records will be maintained in the FM Safety Coordinator's Office, and Human Resources Office at James Madison University; RMH's Office for Corporate Health, and by the Medical Review Officer (MRO). Such records shall be open to inspection at any time by the University's Safety Engineer to insure compliance and conformity with Department of Transportation Regulations, 49 CFR, Part 382 Subparts A through F and 49 CFR Part 40.
2. The following records will be maintained for five years:
  - Driver alcohol test results greater than 0.02.
  - Verified positive drug results.
  - Documentation of refusals to take required tests.
  - Calibration records.
  - Driver evaluations and referrals.
  - Annual calendar year summaries.
3. The following records will be maintained for two years:
  - Records related to the collection process.
  - Training records.
4. The following records will be maintained for one year:
  - Negative and canceled drug tests.
  - Alcohol tests less than 0.02.
5. The specific types of records maintained will include:
  - Records related to the collection process.
  - Records related to the driver's test results.
  - Documentation of any other violation of drug use or alcohol misuse rules.
  - Records related to reasonable suspicion testing.
  - Records related to education and training.
  - Records related to the random selection process.
  - Calibration records.
  - Agreements with collection site facilities.
  - Driver evaluation records.
  - Records from a substance abuse professional.
6. The university, the RMH Office for Corporate Health, and the MRO will not release driver information contained in these records except as required by law or as authorized by the driver in writing. The release of information to the current employer and to regulatory authorities is permitted by law.
7. Upon written request to the FM Safety Coordinator's Office a driver may obtain copies of any records pertaining to his/her test results. These records will be provided to the driver in a prompt manner.
8. Records will be made available to a subsequent employer upon receipt of a written request from a driver, and only as expressly authorized by the terms of the driver's request.
9. Records will be made available for inspection at the FM Safety Coordinator's Office within two business days of a request by an authorized representative of the Federal Highway Administration.
10. If requested by a regulatory authority the FM Safety Coordinator's Office, with assistance from the University Safety Engineer, will;
  - Prepare a summary of the results of the university's testing program during the previous calendar year.
  - Provide copies of all results of alcohol and controlled substance testing.
TESTING PROCEDURES - DRUGS
1. Drug testing procedures will be in compliance with 49 CFR Part 40 Section 40.21 through Section 40.39.
2. The RMH Office for Corporate Health and the certified laboratory will maintain a clear and well documented procedure for collection, shipment, and acquisition of urine samples. Custody and control forms to document the chain of custody must be used and will be as prescribed in Section 40.23.
3. Collection site personnel shall receive training according to Part 40 and shall document proficiency in the application of this part before serving as a collection site person.
4. Unauthorized persons will not be allowed access to the testing location when a test is in progress.
5. Test subjects must positively identify themselves. The test subject shall remove all unnecessary outer garments and secure all personal belongings (individuals may retain his/her wallet.)
6. All efforts will be taken to ensure privacy of the test subject. Test subjects will be allowed to provide a specimen in the privacy of a stall. Only when there is a reason to believe that an individual may alter or substitute the specimen shall additional precautions be taken.
7. A clean, single use specimen bottle or sterile urinal that is securely wrapped until filled will be used. Both the test subject and collection site person shall keep the specimen in view at all times before being sealed and labeled with a tamperproof seal. The seal will be initialed by the collection site person and the test subject.
8. To reduce error, the collection site person shall collect only one specimen at a time.
9. The specimen must be spilt and both samples shipped in a single shipping container. The shipping container shall be securely sealed to eliminate the possibility of undetected tampering.
10. If there is reason to believe that tampering or adulteration has occurred a second specimen shall be collected. The collection will be observed by a medical doctor or by a collection site person of the same sex.
11. The specimen shall be secured during temporary storage prior to shipment to the laboratory. Only laboratories certified by the Department of Health and Human Services will be used for drug analysis.
12. Every specimen is required to undergo an initial screen followed by confirmation of positive screen results.
13. The laboratory must report all test results directly to the Medical Review Officer (MRO) within an average of five working days after receipt of the specimen.
14. The MRO for the university will be any of the three certified physicians on staff with Rockingham Memorial Hospital's Corporate Health Office, Harrisonburg, VA; normal office hours: 564-5622, after hours and weekends: 433-4100 (RMH Emergency Room). The MRO will review and interpret positive results obtained from the lab. The MRO will determine if alternate medical explanations could account for the positive test results, such as taking prescription drugs. To accomplish this, the MRO may conduct medical interviews of the subject. The MRO must give the individual testing positive an opportunity to discuss the test results prior to making a final decision.
15. The MRO shall notify an employee who has tested positive that he/she has 72 hours in which to request a test of the split specimen. If the employee makes such a request the MRO shall direct the lab in writing to send the split specimen to another certified lab for testing. If the split specimen fails to confirm the positive result, the MRO will cancel the test.
16. After the final decision is made on the results the MRO shall notify the FM Safety Coordinator by phone or fax in a confidential manner. The FM Safety Coordinator will immediately notify the Director of Human Resources and University Safety Engineer of all positive results. A signed, written notification must be forwarded to the FM Safety Coordinator and the University Safety Engineer within three business days of the completion of the review.
17. Human Resources will notify the supervisor and driver of positive results and any required remediation and disciplinary action. The FM Safety Coordinator will notify the supervisor and driver of any other actions needed to be in compliance with these regulations. In addition, the FM Safety Coordinator will notify the supervisor and driver of negative results.
18. If the employee refuses to cooperate with the collection process, the collection site person shall inform the FM Safety Coordinator and University Safety Engineer.
TESTING PROCEDURES - ALCOHOL
1. Alcohol testing procedures will be performed according to 49 CFR Part 40.51- 40.111. Testing will be done by a Breath Alcohol Technician who has completed a course approved by the National Highway Traffic Safety Administration (NHTSA).
2. The Breath Alcohol Technician will use evidential breath testing devices (EBTs) approved by the NHTSA. Training in the use of the EBT must be approved by the NHTSA. The EBT must have a quality assurance plan developed by the manufacturer and approved by the NHTSA.
3. The DOT Breath Alcohol Testing form will be used during the alcohol breath testing process.
4. The employee must show positive identification when arriving at the site. Testing will be done in a private location.
5. The Breath Alcohol Technician will supervise only one employee's use of the EBT at a time. The technician will not leave the testing site while the test is in progress.
6. Unauthorized persons will not be permitted access to the testing location when a test is in progress.
7. An individually-sealed mouthpiece shall be opened in view of the employee. The results displayed on the EBT will be shown to the employee. If the result is less than 0.02 no further testing is authorized.
8. If the result of the screening test is 0.02 or greater a confirmation test will be performed. A new mouthpiece is used.
9. The employee must not eat, drink, belch, or put any object into his/her mouth while waiting for the confirmation test. The waiting period shall be between 15-30 minutes.
10. All results will be transmitted by the Breath Alcohol Technician to the FM Safety Coordinator at James Madison University by phone in a confidential manner. Written results will be mailed to the FM Safety Coordinator's Office within three business days. The FM Safety Coordinator will receive and store the information in a secure manner to ensure that confidentiality is maintained.
11. The Breath Alcohol Technician shall immediately notify the FM Safety Coordinator and University Safety Engineer of confirmed results greater than 0.02. These results will be transmitted to the Director of Human Resources in a confidential manner by the FM Safety Coordinator. Human Resources will contact the supervisor and driver and inform them of any required remediation and disciplinary action. The FM Safety coordinator will notify the supervisor and driver of any additional actions needed to be in compliance with these regulations.
DISCIPLINARY ACTIONS
1. Employees may be subject to disciplinary action if they have a confirmed positive test results, refuse to submit to required testing, tamper with tests results, or otherwise fail to adhere to their responsibilities under this policy.
2. Cases will be reviewed on an individual basis with consideration of all relevant mitigating circumstances.
3. Determination of the appropriate disciplinary action will be made in consultation with Human Resources. Disciplinary actions will include oral warnings, written notices, suspension, and/or termination.



Publisher: JMU Office of Public Safety Contact: Public Safety Last Revised: October 21, 2004 Privacy Statement