UNIVERSITY ADMINISTRATIVE POLICY NUMBER 59
SUBJECT: MANDATORY ALCOHOL AND DRUG TESTING PROGRAM
RESPONSIBLE OFFICES: Department Heads, Human Resources
Table of Contents
I. SCOPE
II. RESPONSIBLE DEPARTMENTS
III. POLICY
IV. CONTRACT TESTING FACILITY
V. DRUG AND ALCOHOL TESTING PROCESS
VI. TRAINING
VII. DISCIPLINE and CORRECTIVE ACTION
VIII. RECORD KEEPING
IX. AMENDMENTS & ADDITIONS
X. EFFECTIVE DATE
ATTACHMENT A. CDL Employee Notification Memorandum Format
ATTACHMENT B. Behavior/Incident Documentation Format
ATTACHMENT C. Training Points for Covered Employees
ATTACHMENT D. Training Points for CDL Supervisors
In order to promote highway safety and in accordance with the Omnibus Transportation Employee Testing Act of 1991 and U.S. DOT Rule 49 Parts 40 and 382, George Mason University will conduct mandatory alcohol and drug testing of all University personnel who are required to possess a commercial driver's license (CDL): (1) To operate a vehicle that is rated to transport more than 15 passengers including the driver, (2) To drive a vehicle with a gross weight rating of 26,001 or more pounds, or (3) To drive a motor vehicle of any size that is carrying hazardous material that requires placarding. These individuals will henceforth be referred to as covered personnel and the mandatory testing for alcohol and illegal drug use is a condition of their employment. This Administrative Procedure is consistent with the State's DPT Policy 1.05 'Alcohol and Drugs.' Any violation of this Procedure is a breach of State policy and procedures and subject to the full range of discipline under the Standards of Conduct, including termination.
a. Human Resources. The Assistant Vice President for Human Resources (HRD) is responsible for managing and funding this program. HRD will ensure that position descriptions include data regarding the requirement to possess a CDL and will advise employees and applicants for covered positions regarding the University's alcohol and drug testing policies. Periodically, HRD will randomly select covered personnel for testing at a federally-approved facility. HRD will also be responsible for supervisor and employee training. In the event a covered employee tests positive, HRD will assist supervisors regarding appropriate discipline and personnel action.
c. Department Heads. Department Heads will maintain a list of all covered
personnel and will inform RM of changes. Departments will make available
covered personnel who are selected for testing and will take appropriate
corrective action as set forth in this procedure in the event an employee
tests positive.
a. General. All University personnel have a responsibility to ensure that their duties are not impaired by the use of alcohol or drugs, legal or illegal, nor may they have such substances in their system. 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, GMU will conduct a program to identify covered personnel who test positive for alcohol and illegal drugs. Persons 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 GMU personnel. Attachment 'A' is the advisory memorandum that will be sent to all persons employed in, and being considered for, assignment to covered positions.
b. Testing Conditions. Covered personnel will be designated for alcohol and drug testing under the following conditions. A refusal to take the tests or the adulteration of the sample will be considered a Group III violation of the Standards of Conduct and may result in the termination of employment:
(1). Pre-Employment. As a condition of employment, an individual applying for a covered position will be tested. HRD staff will advise applicants of the requirement and the procedure. Applicants who test positive without a suitable explanation will not be offered a covered position or assigned these duties.
(2) For Cause. Covered personnel will be tested whenever the individual's
behavior or appearance causes the supervisor to question the employee's
ability to perform his/her CDL duties safely. The elements of the constructive
confron-tation by a supervisor are to identify and confront the individual,
to confirm the behavior/appearance/odor/speech, and to document the incident
by completing Attachment B, the "Behavior/ Incident Documentation" form.
If possible, the confron-tation should be made in person by the supervisor,
with a witness to the event.
(3). Random. Covered personnel will be tested whenever the random selection process designates the employee for testing or at least once a year. Employees being randomly-tested will not routinely be relieved of CDL duties while the results are being analyzed. See paragraph V.a. below for details.
(4). Vehicle Accidents or Citations. Covered personnel will be tested any time he/she is involved in any on-the-job vehicle accident or is cited for a moving vehicle violation. The alcohol breathalyser test must be administered within two hours of the accident and the drug test must be conducted within 32 hours of the accident to be valid. Covered personnel are prohibited from using alcohol or controlled substances following an accident until after they have been tested. Further, the failure to report a vehicle accident is a violation of the Standards of Conduct. If the employee dies as a result of the accident, blood/urine samples will be tested for the presence of drugs/alcohol.
(5). Other Testing. Covered personnel will be tested when any of the
following events have occurred: (1) After completing a drug and alcohol
rehabilitation program, (2) Before being allowed to return to work and
perform CDL duties following a positive test, or (3) After having refused
to be tested. After returning to work, these covered personnel will be
tested randomly at least six times during the next 12 months. A refusal
to be re-tested may result in termination of employment. Further, personnel
in this re-testing group will continue to also be part of the pool that
is subject to random testing.
c. Supervisor Responsibilities. Supervisors are responsible for the fitness of their covered personnel to perform their duties. In the event covered personnel do not appear able to perform their CDL functions safely, supervisors must relieve these personnel of their duties, document the circumstances (See Attachment B), and notify HRD so that the individual may be tested. In the event HRD is not available to arrange the tests, supervisors are authorized to work directly with the contract medical facility. In addition, supervisors should admonish their personnel about substance abuse and refer employees with drug and alcohol concerns to HRD.
d. Contractors and Vendors. Faculty and staff executing contracts with
vendors and contractors for services that require CDL licensing will ensure
that these organizations demonstrate that they are in compliance with the
aforementioned regulations.
A contract medical facility, hereafter referred to as the Contractor,
will conduct the tests, analyze the results, and counsel covered personnel
regarding the outcome of the test(s). The Contractor and its laboratory
must be certified for alcohol and drug testing by the U.S. Department of
Health and Human Services. Only personnel trained in the use of equipment
and taking specimens will be involved in the testing process. Further,
the Contractor's Medical Review Officer (MRO) must also be certified as
a substance abuse professional. GMU will rely on the Contractor/MRO to
provide appropriate documented data and testimony in the event the test
results in an adverse personnel action or a grievance.
V. DRUG AND ALCOHOL TESTING PROCESS
a. Random Selection. Every covered employee will be tested a minimum of at least once a year. HRD will conduct a 100% random selection each work day, on a yearly basis. In the event an employee has not been selected during the previous eleven months, HRD will randomly designate a test date during the twelfth month.
Some persons may be selected more than once. After selection, HRD will notify the Department Head who will ensure that the employee is transported to the contract medical facility as soon as feasible. If an employee is not readily available, he/she will be tested as soon as they return to the work site. Waivers are not permitted.
b. Selective Testing. Selective testing occurs whenever: (1) there has been an accident or moving vehicle citation, (2) for reasonable cause, or (3) during the selection process. In cases where covered personnel are designated for selective testing, the supervisor will request HRD to make the appointment. The supervisor will then transport the individual to the Contractor as soon as feasible. Persons who are being tested for these reasons, will not be restored to duty or the applicant pool until after the MRO determines that the test results are negative or are reasonably explainable.
c. Alcohol Test. The Contractor will test the breath for the presence of alcohol. In the event alcohol level does not exceed .02, the results will be recorded as negative and the employee will return to his/her normal duties. If the test results indicate the alcohol level to be between .02 and .04, covered personnel will be placed on LWOP for the remainder of the day and will be re-tested the next day or prior to performing CDL duties. If the alcohol level exceeds .04, covered personnel will be suspended from work indefinitely and applicants will not be further considered for the position unless the MRO so recommends (See paragraph 5.e below). The HRD and the Department Head will be notified of the results of the test.
d. Drug Test. A split urine sample will be taken from covered personnel and analyzed for the presence of marijuana, cocaine, opiates, phencyclidine, and amphetamines. Any trace of an illegal substance will be considered a positive result. The MRO will determine whether or not the results indicate further testing or counseling (investigation). When a covered employee has been referred to the Contractor for reasonable cause, the MRO will also consider the supervisor's observations (Attachment B). The Contractor is responsible for safeguarding the split sample for a possible second analysis.
e. 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 personnel will have 72 hours to decide if he/she 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. HRD will pay for the second analysis.
At the conclusion of the counseling, the MRO will telephone HRD and send
a confidential report to the Employee Health Manager.
HRD will ensure that covered personnel and their supervisors will be
given a minimum of one hour training per year on substance abuse, 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. See
Attachments 'C' and 'D.'
VII. DISCIPLINE AND CORRECTIVE ACTION
a. Corrective Action. Covered persons 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 personnel will be suspended without pay for 30 days and referred to a substance abuse professional. 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.
b. Other. (1) Employees who commit a first offense under this policy, and who already have any other active written notice, will normally be terminated. (2) After being returned to work from rehabilitation treatment, any subsequent written notice will also normally result in termination. (3) The above guidelines notwithstanding, University management reserves the right to apply the full range of disciplinary actions under the Standards of Conduct, taking into account mitigating and aggravating circumstances.
c. Return-to-Duty Re-Evaluation. Prior to being reassigned to a CDL
position, covered personnel must undergo substance abuse testing and counseling
by the Contractor/MRO. If returned to duty, the employee will be subject
to a minimum of six unannounced follow-up tests over the next twelve months.
All records and correspondence for covered personnel must be maintained
and available by HRD 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, HRD will maintain a CONFIDENTIAL
file concerning any positive alcohol and drug tests, moving vehicle accidents,
communications with the MRO, related corrective actions, and reports of
drug/alcohol tests for cause. The information will be released on a need-to-know
basis only.
All amendments and additions to the Administrative Policy Number 59
are to be reviewed and approved by the Office of the Provost, the Office
of the Executive Vice President for Administration and the Office of the
Senior Vice President.
The policies herein are effective upon date of approval. This Administrative
Policy shall be reviewed and revised, if necessary, annually and to become
effective at the beginning of the University's fiscal year, unless otherwise
noted.
APPROVED: _________________
DATE
___________________ ____________________
Peter N. Stearns Maurice W. Scherrens
Provost Senior Vice President
Memorandum
TO: Employee/Applicant)
FROM: (Name),
Director of Human Resources
SUBJ: Mandatory Alcohol and Drug Testing
DATE: (Date)
The purpose of this memorandum is to advise you that
your position description requires that you possess a valid commercial
drivers license (CDL). Persons in these covered positions are subject to
the mandatory alcohol and drug testing provisions of the Omnibus
Transportation Employee Testing Act of 1991 and U.S. DOT Rule 49 CFR Part
40. This is because operators of these heavy, hazardous, and
multi-passenger vehicles put the public at a higher degree of risk than
the ordinary driver. Accordingly, George Mason University requires that
you participate in its mandatory alcohol and drug testing program.
University Administrative Procedure Number 59, "Mandatory
Alcohol and Drug Testing Program" is attached for your information. In
general, it requires that covered employees be tested under the following
circumstances: (1)prior to being first assigned to a covered position, (2)
whenever an employee's appearance or behavior causes a supervisor to
question the employee's ability to operate a vehicle safely, (3) whenever
selected randomly, (4) when the employee has been in a job-related
accident or has been cited for a moving vehicle violation, and (5) before
an employee is allowed to return to a covered position after having tested
positive to either alcohol or drug abuse. Refusal to participate in the
test(s) or testing positive for alcohol or the use of illegal drugs is a
Group III violation of the State's Standards of Conduct and may be cause
for termination of employment.
Please sign below to indicate that you have been advised as to the above conditions of your employment and return to me. If you have any questions, please do not hesitate to inquire of me, your supervisor, or the Director of Risk Management. Also, we will be having periodic training sessions regarding the program. Thank you for your assistance.
Received by: Date
copy to: HRD , RM ,
Dept , Employee
Behavior/Incident Documentation Form
The purpose of this form is to
facilitate the observation and documentation of an employee's appearance,
speech, behavior, and odor in cases where it is suspected that an
employee's work performance is being adversely affected by alcohol or
drugs, either legal or illegal. It is preferable that this form be
completed at the time of the confrontation and in the presence of a
witness. However, if this is not feasible, the form should be completed
immediately after observing the affected employee. Preserve any physical
evidence of the incident (i.e., photos, empty bottle, damaged items, etc).
Please send copies of this form to the Director of Human Resources (3C3)
and the Medical Review Officer. (See GMU Administrative Policy 59.)
Employee's name Date
Department
Location of the incident
Time/date and length of period observed
Distance from employee
Witnesses, addresses, and work phone numbers
Employee's appearance
Employee's speech and movements
Employee's odor
Employee's comments when confronted
Prescription medications?
Did employee leave the work site on their own?
Were police/others notified?
Vehicle make and license #
Additional comments (use the
back or attach sheets if needed)
Preparer's name, phone
number, and address
Witness's name, phone number, and
address
Training Points for Covered Employees
The purpose of this sheet is to explain the importance of the Mandatory Alcohol and Drug Testing Program and to solicit voluntary compliance by covered personnel. GMU Administrative Policy Number 59 describes the testing program in detail. Persons testing positive for alcohol or the presence of illegal drugs will be charged with a Group III violation of the State's Standards of conduct and may be subject for immediate termination.
Annually, about three-quarters of employee on-the-job deaths are caused by vehicle accidents, many of which involve drug and alcohol use. These substances impair decision-making, coordi-nation, and general alertness. Coupled with the size and number of commercial vehicles on the road, this poses a substantial threat to public safety. Accordingly, the U.S. Department of Transportation requires that all drives who are required to have a commercial driver's license (CDL) must be tested for alcohol and drug abuse. This test is more stringent than the sobriety test normally administered to motorists by police officers.
The individual rights of personal privacy must be balanced with a concern for public safety. The U.S. Supreme Court has issued several rulings regarding this matter. The Court has recognized that the taking of breath and body fluid samples without a warrant constitutes a violation of the 4th, 5th, and 14th Amendments to the Constitution because it involves the seizing of personal property and self-incrimination without due process. However, the Court has made exceptions "where compelling legitimate governmental purposes make intrusions reasonable".
Airline pilots, train engineers, truck drivers and automotive mechanics, emergency personnel, and like occupations put the public at risk and are thus subject to a higher degree of regulation than the ordinary citizen. This has lead to the DOT requirement to test all persons in CDL positions. Covered personnel are expected to perform their duties without any impairment due to alcohol or drugs, either legal or illegal. Further, covered personnel may be tested for a possible violation of this provision for the following circumstances: When being assigned to a position in which a CDL is required; on a random basis along with other covered employees; following an accident or when cited for a moving vehicle violation; for reasonable cause based on observed behavior, appearance, speech, or odor; and before being allowed to return to a covered position after having tested positive for alcohol or drug abuse.
Training Points for Supervisors
The purpose of this sheet is to describe supervisory responsibilities in the University's Mandatory Alcohol and Drug Testing Program. Persons testing positive for alcohol or the presence of illegal drugs will be charged with a Group III violation of the State's Standards of conduct and may be subject for immediate termination. The basic administrative procedure sets forth the requirements and policies. In addition, supervisors will have a 1-hour training session regarding this topic.
Pre-Employment Testing. Applicants for positions requiring the possession of a CDL should be advised that it is a condition of employment that they pass the University's alcohol and drug test. It must be passed prior to being offered the position. There is no waiver of this requirement.
Random Selection. When notified that one of their personnel was selected, supervisors must immediately relieve the individual of his/her duties and make them available for transport to the testing facility. Once the employee returns, he/she may resume their normal duties.
Post-Accident.
Covered employees must notify his/her supervisor of any job-related moving
vehicle accident or traffic citation. In this case, the employee must be
immediately taken to the testing facility for the drug and alcohol tests.
Prior to testing, the employee must not consume any alcohol or drugs,
either legal or illegal. Also, the employee must not resume any driving
duties until the test results are known.
Probable Cause. If an employee's behavior appears erratic or unsteady, the employee must not be allowed to operate a vehicle until the circumstances are evaluated. Supervisors, because of their proximity to the employee and their workplace experience, are in the best position to observe the situation and make this determination. It's far better to relieve a person unnecessarily than to later (after the accident) relate how you thought something was wrong. There are four elements involved in a Constructive Confrontation:
- Identification consists of the supervisor
observing changes in the employee's work pattern which are in violation of
University policy, may affect safety, or
detract from job performance. Be careful not to diagnose the behavior, - Documentation is the recording of what has been observed. Attachment B is the preferable format to use. Use a witness to verify the behavior. The mandatory alcohol and drug tests are also part of this documentation process,
- Confirmation occurs when an employee has exhibited a pattern of impaired judgement or performance over a period of time, all of which has been documented and analyzed by expert authority, and
- Confrontation occurs when the employee is confronted with the documented observations and is provided the opportunity to become productive and safe again.
Return to Duty. When it appears that the employee's behavior is no longer impaired, the supervisor should make arrangements for another alcohol and drug test. If the results are negative, the employee may return to driving duties.