(B)
Policy
The public expects services provided by
employees of Bowling Green state university to be delivered in the safest and
most conscientious manner possible. Involvement with drugs and alcohol can
adversely affect job performance and employee safety. The presence of drugs or
alcohol on the job and the influence of these substances on employees during
working hours are inconsistent with the university's objective to maintain a
drug and alcohol-free workplace.
The assistant vice president for human
resources (or designee) is the person assigned by the university to answer
questions from employees and supervisors or managers about the policy and the
university's implementation of the FHWA regulations. Division(B)(1) of
section
§
382.601 the Revise Code
(b)(1)
of section Employees
who think they may have an alcohol or controlled substance problem are urged to
voluntarily seek assistance from the university's employee assistance program.
While the university will be supportive of those who seek help voluntarily, the
university will be equally firm in identifying and disciplining those who are,
or continue to be. substance or alcohol abusers and do not seek
help.
To further our commitment of
maintaining a drug and alcohol-free workplace in order to provide a safe work
environment for employees and safe service delivery to the public, it is our
policy to:
Ensure that employees who operate
commercial motor vehicles are not impaired in their ability to perform their
work in a safe and productive manner:
Conduct controlled substance and
alcohol testing as required by FHWA regulations: and
Encourage employees to seek
professional assistance any time alcohol or drug use adversely affects their
ability to perform their work assignments.
(1)
Covered
employees
This policy applies to all employees
who operate a commercial motor vehicle (defined in this paragraph
below
) to carry out their
job duties for Bowling Green state university or who are required as a
condition of employment to possess and maintain a commercial driver's license
(CDL). Participation in the university's CDL alcohol and controlled substance
testing program is required for these employees and is considered to be a
condition of employment.
A "commercial motor vehicle" is a
vehicle that (section
8
382.107 of the Revise Code)
(a)
Has a gross
combination weight rating of twenty-six thousand and one or more pounds
inclusive of a towed unit with a gross vehicle weight rating of more than ten
thousand pounds: or
(b)
Has a gross vehicle weight rating of twenty-six
thousand and one or more pounds: or
(c)
Is designed to
transport sixteen or more passengers, including the driver:
or
(d)
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.
(2)
Safety-sensitive
functions
The FHWA alcohol and controlled
substance regulations apply to employees when performing safety-sensitive
functions. For this purpose of this policy, the term "safety-sensitive
function" shall mean any of the "on-duty" functions described in the forty-nine
CFR and as follows: section 395.2 of the Revise Code)
(a)
All time waiting
to be dispatched. This includes any "on-call" time.
(b)
All time
inspecting, servicing, or conditioning any commercial motor
vehicle.
(c)
All driving time as defined by the
regulations.
(d)
All other time spent in or on any commercial motor
vehicle.
(e)
All time loading or unloading a vehicle, supervising,
or assisting in the loading or unloading, attending a vehicle being loaded or
unloaded, remaining in readiness to operate the vehicle, or in giving or
receiving receipts for shipments loaded or unloaded.
(f)
All time spent
dealing with a commercial motor vehicle accident.
(g)
All time
repairing, obtaining assistance, or remaining in attendance upon a disabled
vehicle.
(h)
All time spent providing a breath or urine specimen,
including travel time to and from the collection site, in order to comply with
the random, reasonable suspicion, post-accident, or follow-up testing required
by this policy when directed by the university.
(i)
Performing any
other work in the capacity of. or in the employ or service of. a common,
contract, or private carrier.
(j)
Performing any
compensated work for any non-motor carrier entity.
(3)
Prohibited
conduct
Prohibited conduct addressed by this
policy includes the following:
(a)
No employee shall
report for duty or remain on duty requiring a performance of safety-sensitive
functions while having an alcohol concentration of four hundredths or greater.
(Section 382.201 of the Revise Code)
(b)
No employee shall
be on duty or operate a commercial motor vehicle while the employee possesses
alcohol, unless the alcohol is displayed and transported as part of a shipment.
(Section 382.204 of the Revise Code)
(c)
No employee s
functions. This includes lunch periods, breaks, or when an employee is
scheduled to return to work. (section 382.205 of the Revise Code)hall use
alcohol while performing safety-sensitive
(d)
No employee shall
perform safety-sensitive functions within four hours after using alcohol.
(section 382.207 of the Revise Code)
(e)
When involved in
an accident that requires a post-accident alcohol test, an employee shall not
use alcohol within eight hours of the accident or prior to submitting for the
post-accident test, whichever comes first. (section 382.209 of the Revise
Code)
(f)
No employee shall refuse to submit to a post-accident
alcohol or controlled substances test required under section 382.303 of the
Revise Code. a random alcohol or controlled substances test required under
section 385.305 of the Revise Code. a reasonable suspicion alcohol or
controlled substances test required under section 382.307 of the Revise Code.
or a follow-up alcohol or controlled substances test required under section
382.311 of the Revise Code. The university will not permit an employee who
refuses to submit to such tests to perform or continue safety sensitive
functions. (section 382.211 of the Revise Code) The employee who refuses to
comply to the testing policy will be subject to termination
procedures.
(g)
No employee shall perform a safety-sensitive function
when the employee uses any controlled substances, except when prescribed by a
physician who has determined that the substance will not adversely affect the
employee's ability to safely operate a commercial motor vehicle. The university
may require an employee to inform the university of any therapeutic drug use.
(section 382.213 of the Revise Code)
(h)
No employee shall
report for duty, remain on duty, or perform safety-sensitive functions if the
employee tests positive for controlled substances. (section 382.215 of the
Revise Code)
(4)
Prohibited substances
Prohibited substances addressed by this
policy include the following:
(a)
Illegally used or
controlled substances or drugs
These substances include, but are not
limited to the following: marijuana, amphetamines, opiates, phencyclidine (PCP)
and cocaine, as well as any drug not approved for medical use by the U.S. drug
enforcement administration or the U.S. food and drug Administration. Illegal
use includes use of any illegal drug, misuse of legally prescribed drugs, and
use of illegally obtained prescription drugs
(b)
Legal drugs
The appropriate use of legally
prescribed drugs or non-prescription medications is not prohibited. However,
the use of any substance which carries a warning label that indicates that
mental functioning, motor skills, or judgment may be adversely affected shall
be reported to supervisory personnel, and medical advice should be sought, as
appropriate, before performing work-related duties. The misuse or abuse of
legal drugs while performing university business is prohibited.
(5)
Testing facility and procedures
The university will use the services of
the Wood county council on alcoholism and drug abuse, Inc. The medical review
officer (MRO) will be obtained according to the university's contract with the
Wood county council on alcoholism and drug abuse, inc. The MRO will have no
official association with the university testing shall be conducted in a manner
to assure a high degree of confidentiality, accuracy, and reliability. All
testing will be conducted consistent with the procedures set forth in
forty-nine CFR part
40
fourty
amended.
The controlled substances tested for
are marijuana, cocaine, opiates, amphetamines, and phencyclidine
(PCP).(
section
40.21 of the Revise Code)
(6)
Payment for
testing
The university shall be responsible for
the payment of the following:
(a)
Random selection
program costs
(b)
DOT urine drug screen collection and testing for
pre-employment, post-accident, random, and reasonable suspicion tests
costs
(c)
DOT alcohol breathalyzer test for post-accident,
random, and reasonable suspicion test costs
(d)
Mandatory
supervisor and employee training
(e)
The employee will
be responsible for the payment of all other tests and services not specified
above.
(7)
Record retention
The medical review officer (MRO) will
serve as the sole custodian of individual test results and will retain the
individual test results for a minimum of five years. (
§
Division (B)(1) of section 382.401 of the Revise Code (b)
(1)) The University will retain in its personnel files information that will
indicate only the following:(
§
Section 382.407 of
the Revise Code
(a)
Name of the employee:
(c)
Location of the test:
(d)
Type of test
conducted (random, post-accident, pre-employment, pre-duty, reasonable
suspicion, retum-to-duty. follow-up. or employee requested):
(e)
Identity of the
person or entity conducting the test: and
(f)
Test findings
either as positive or negative, and if positive, the identity of the controlled
substances.
(g)
The annual calendar year summary of the results of the
alcohol and controlled substance testing programs must be completed by March
fifteenth of the following year.
This report will be completed by the
human resources director or the Wood county council on alcoholism and drug
abuse, mc. (section 82.403 of the Revise Code)
(8)
Alcohol and controlled substance testing
An employee is subject to FHWA
mandatory testing for alcohol and controlled substances under the following
circumstances:
(a)
Pre-employment/pre-duty testing (section 382.301 of the
Revise Code)
An applicant for employment must be
tested for alcohol and controlled substances before the first time the employee
performs any safety-sensitive function for the university.
All applicants who have been tendered
an offer of employment, shall undergo urine drug testing and breath alcohol
testing.
Testing will also be required when
current employees transfer to safety-sensitive positions.
The university will not allow an
applicant or employee to perform a safety-sensitive function unless the result
of the breath alcohol test indicates a breath alcohol level of less than four
hundredths, and has received a controlled substance test result from the MRO
indicating a verified negative test. If the results of the employee's alcohol
test indicated a breath alcohol concentration of two hundredths or greater, but
less than four hundredths, the employee will not be permitted to perform
safety-sensitive functions until the start of the employee's next regularly
scheduled duty period, but not less than twenty-four hours following the
administration of the test. (section 82.505 of the Revise Code) (section
382.301 of the Revise Code)
Any individual who refuses to submit to
a controlled substance or alcohol test or who tests positive for a controlled
substance shall be deemed medically unqualified and shall not be eligible for
employment with the university. (section 382.211 of the Revise
Code)
Evidence of the absence of drug or
alcohol dependency from a substance abuse professional, and negative drug and
alcohol tests will be required before further consideration for
employment.
The university will notify an applicant
of the results of pre-employment/pre-duty alcohol and/or controlled substance
tests provided that the applicant requests the test results within sixty days
of employment notification by the university. (section 382.411 of the Revise
Code)
(b)
Post-accident testing section 382.303 of the Revise
Code)
An employee must be tested for alcohol
and controlled substances as soon as practicable following an accident
involving a commercial motor vehicle, if
(i)
The employee was
performing a safety-sensitive function with respect to the vehicle, and the
accident resulted in the loss of a human life (whether or not the employee
caused the accident); or
(ii)
The employee receives a citation under state or local
law for a moving violation arising out of the accident.
(iii)
An employee who
is involved in an accident or violation must refrain from alcohol use for
either eight hours following an accident or until the employee undergoes a
post-accident alcohol test.
Once an employee presents themselves to
a supervisor for testing, the employee shall be maintained on the regular
payroll. However, if a positive test result occurs, then those hours spent
following the accident awaiting the test result shall be charged against the
employee's accrued leave time.
Following an accident or
violation
(iv)
An employee will be tested for alcohol within two hours
of an accident or violation. If an alcohol test is not accomplished within two
hours of an accident or violation, then a written record shall be prepared and
maintained in the personnel file stating the reasons the alcohol test was not
promptly administered.
(v)
If the alcohol test has not been accomplished within
eight hours following notification, the university shall stop its attempt to
administer the alcohol test. The university shall prepare and maintain in the
personnel file a written record stating the reasons the alcohol test was not
promptly administered.
(vi)
An employee will be tested for a controlled substance
within thirty-two hours. If a post-accident controlled substance test is not
administered within thirty-two hours following an accident, the university
shall prepare and maintain a written record in the personnel file stating the
reasons the test was not promptly administered.
(vii)
An employee who
is subject to post-accident testing shall remain readily available for such
testing. If the employee is not readily available, the employee may be deemed
by the university to have refused to submit to testing. Nothing in this policy
shall be construed to require the delay of necessary medical attention for
injured persons following an accident to or prohibit an employee from leaving
the scene of an accident for the period necessary to obtain assistance in
responding to the accident, or to obtain necessary emergency medical
care.
(viii)
(viii)
The
university can use (by permission from the FHWA) post-accident tests conducted
by federal, state, or local officials as meeting the requirements of this
section under the following conditions:
(a)
The official must
have independent authority to conduct the tests.
(b)
The test must
conform to federal, state, or local requirements.
(c)
Alcohol tests
require blood or breath samples.
(d)
Controlled
substance tests require a urine sample.
(c)
Random testing
(section 382.305 of the Revise Code)
All university employees will be
subject to random, unannounced alcohol and controlled substance testing. The
tests will not be announced in advance and will be spread reasonably throughout
the year. The selection process used shall be that which is utilized by the
Wood County council on alcoholism and drug abuse, inc. Employees will be tested
on the day notified. A minimum of twenty-five per cent of the employees will be
tested annually for alcohol, and a minimum of fifty per cent of the employees
will be tested annually for controlled substances.
The FHWA will increase or decrease the
minimum annual per centage rate for alcohol testing based on the reported
violation rate for the entire industry. Annually, the FHWA will publish in the
Federal Register the minimum annual per centage rate for random alcohol testing
for employees. The new minimum annual per centage rate for random alcohol
testing will be applicable beginning January first of the calendar year
following the publication. Employees will only be tested randomly for alcohol
when they are performing safety sensitive functions, immediately prior to, or
after performing safety-sensitive functions.
After an employee has been randomly
selected for a test, the employee must immediately proceed to the testing site
upon notification of being selected.
If an employee who has been randomly
selected for a test is on vacation or other preapproved form of leave, then
another employee will be selected as an alternate. The alternate will then be
subject to the random test process on that day. It is also the option of the
university to keep the original selection confidential until the employee
returns to duty.
(d)
Reasonable suspicion testing (section 82.307 of the
Revise Code)
When a trained supervisor, manager, or
other university official observes behavior, appearance, speech, or body odors
of an employee that are characterized of alcohol and/or controlled substances
abuse, including indication of chronic and withdrawal effects of controlled
substances, the department will notify the human resources department. The
human resources department will contact the Wood county council on alcoholism
and drug abuse, inc. for testing. Testing^ is done only if the observations are
made during, just before, or just after the period of the work day the employee
is required to be in compliance.
Once an employee has been notified that
a reasonable suspicion test will be conducted, it must take place within two
hours of the notification. If the test is not accomplished within two hours, a
written record shall be prepared and maintained in the personnel file stating
the reasons the alcohol test was not promptly administered. If the test has not
been accomplished within eight hours following notification, the university
shall stop its attempt to administer the test and prepare and maintain in the
personnel file a written record of the reasons the alcohol test was not
promptly administered.
When it is not feasible or possible to
conduct a reasonable suspicion alcohol test in a timely manner, the employee is
not permitted to perform safety-sensitive functions for eight hours or until an
alcohol test is administered in this time period with results below two
hundredths.
An observed behavior--reasonable cause
record form (VCttachment I) shall be made of the observations leading to an
alcohol or controlled substance reasonable suspicion test and signed by the
supervisor or university official who made the observations. The record shall
be made within twenty-four hours of the observed behavior or before the results
of the controlled substances test are released, whichever is
first.
Once an employee has been directed to
undertake testing, the employee will continue to be maintained on the regular
payroll. However, if a positive test result occurs, then those hours spent
awaiting the test results shall be charged against the employee's accrued leave
time.
(e)
Return-to-duty testing (section 382.309 of the Revise
Code)
All employees, who previously tested
positive on a controlled substance or alcohol test, must test negative for the
controlled substances and have a breath alcohol concentration of less than two
hundredths.
Employees must also be evaluated and
released to duty by the substance abuse professional (SAP). Once an employee
has been returned to duty by the SAP, the employee will be required to undergo
frequent and unannounced follow-up testing.
There will be a minimum of six
follow-up controlled substance and/or alcohol tests in the first twelve months
following re-entry to the job. Follow-up testing may extend for up to sixty
months following an employee's return to duty. Alcohol follow-up tests shall
only be administered when the employee is performing a safety-sensitive
function, either immediately prior to or after the safety-sensitive function is
performed. (section 382.605 of the Revise Code)
Follow-up testing shall be at the
expense of the employee.
(f)
Employee
requested testing (section 40.33 of the Revise Code
Any employee, who questions the results
of a required drug test under this policy, may request that an additional test
be conducted. This test must be conducted at a different testing laboratory
which is certified by the department of health and human services (DHHS). The
test must be conducted on the split sample that was provided at the same time
as the original sample. The cost of the second test shall be paid by the
employee, unless the second test invalidates the original test.
The employee's request for a split
sample test must be made to the MRO within seventy-two hours of notice of the
initial test result. Requests after seventy-two hours will only be accepted if
the delay was due to documented facts that were beyond the control of the
employee.
(g)
Follow-up testing section 382.311 of the Revise
Code)
Following a determination that an
employee is in need of assistance in resolving problems associated with alcohol
and/or controlled substances abuse, the employee is subject to unannounced
follow-up testing as directed by a substance abuse professional.
Follow-up alcohol testing shall be
conducted only when the employee is performing safety sensitive functions, just
before the employee is to perform safety-sensitive functions, or just after the
employee has ceased performing safety-sensitive functions.
(9)
Supervisory responsibility
The university is dedicated to assuring
fair and equitable application of this alcohol and controlled substance abuse
policy. Therefore, supervisors or managers are required to use and apply all
aspects of this policy in an unbiased and impartial manner. Any supervisor or
manager who knowingly disregards the requirements of this policy, or who is
found to deliberately misuse the policy in regard to subordinates, shall be
subject to disciplinary action up to and including termination.
Supervisors or managers must not permit
an employee to perform safety-sensitive functions if they have actual knowledge
that the employee
(a)
Has a blood alcohol concentration of four hundredths or
greater (section 382.201 of the Revise Code); or
(b)
Has alcohol in
their possession (§ 382.204 of the Revise Code); or
(c)
Is using alcohol
on the job (section 382.205 of the Revise Code); or
(d)
Has used alcohol
within the past four hours (section 382.207 of the Revise Code);
or
(e)
Refused to submit to an alcohol or drug test required
by this policy (§ 382.211 of the Revise Code); or
(f)
Has used a
controlled substance (section 382.213 of the Revise Code); or
(g)
Tested positive
for controlled substances. (section 382.215 ) of the Revise
Code
(10)
Training
The university shall ensure that
persons designated to determine whether reasonable suspicion exists to require
an employee to undergo testing receive at least sixty minutes of training on
alcohol misuse and receive at least an additional sixty minutes of training on
controlled substances use. The training shall cover the physical, behavioral,
speech, and performance indicators of probable alcohol misuse and use of
controlled substances. (section 382.603 of the Revise Code)
Supervisors will also receive training
on the policy and procedures regarding the university's policy and the FHWA
regulations.
Employees will receive training that
will cover the university policy, testing procedures, and the federal
regulations. Employees will also receive a copy of the university's policy at
the training session. (section 382.601 of the Revise Code)
(11)
Referral, evaluation, and treatment (section 382.605 of the Revise Code)
Each employee who has engaged in
conduct prohibited in this policy shall be evaluated by a substance abuse
professional (SAP) who shall determine what assistance, if any, the employee
needs in resolving problems associated with alcohol and controlled substances
misuse.
The SAP is a licensed or certified
physician, psychologist, social worker, employee assistance professional, or
addiction counselor with knowledge of and clinical experience in the diagnosis
and treatment of alcohol-related and controlled substance disorders. (section
382.107 of the Revise Code) The substance abuse professional services will be
provided by the Wood County council on alcoholism and drug abuse, Inc. or by
Harbor employee assistance. Harbor employee assistance also conducts the
employee assistance programs for the university.
If the SAP determines that no
assistance is necessary, then the employee shall return to work with all time
off awaiting the report of the SAP charged to the employee's accrued but unused
sick, vacation, compensatory, or personal leave balances. Employees who have
insufficient leave balances to cover the period of time that they are awaiting
the report of the SAP shall be granted a leave of absence without
pay.
If the SAP determines that an employee
needs assistance in resolving problems associated with alcohol misuse or
controlled substance use, then in order to return to duty, the employee must be
further evaluated by the SAP to determine that the employee has properly
followed a rehabilitation program. For those employees seeking treatment, the
employee benefits that would otherwise be available to the employee shall
continue, for example, sick leave, vacation leave, personal business leave,
compensatory leave, family medical leave and group health insurance benefits.
Employees wrio have insufficient leave balances to cover their leave shall be
granted a leave of absence without pay during their time in rehabilitation or
treatment.
Any costs associated with evaluations,
treatment, or rehabilitation services may be eligible for payment through the
university's health insurance plan, subject to deductible, copayments, and
lifetime caps.
If an employee is allowed to return to
duty, the employee must properly follow the rehabilitation program prescribed
by the SAP and the return-to-duty section of this policy.
Assessment by the SAP does not shield
an employee from disciplinary action or guarantee employment or reinstatement
with the university. Any employee who refuses or fails to comply with the
university's policy requirements for treatment, after care, or return-to duty,
shall be subject to discipline.
The university shall ensure that the
SAP who determines that an employee requires assistance in resolving problems
with alcohol misuse or controlled substances use does not refer the employee to
The substance abuse professional's private practice; or
(a)
A person or
organization from the substance abuse professional's private practice;
or
(b)
A person or organization from which the substance abuse
professional receives remuneration or has a financial interest
However, this does not prohibit a
substance abuse professional from referring an employee for assistance provided
through a public agency, such as a state, county, or municipality;
(i)
The employer or a
person under contract to provide treatment for alcohol or controlled substance
problems on behalf of the university;
(ii)
The sole source
of therapeutically appropriate treatment under the employee's health insurance
program; or
(iii)
The sole source of therapeutically appropriate
treatment reasonably accessible to the employee.
The requirement of this policy with
respect to referral, evaluation and rehabilitation does not apply to applicants
who refuse to submit to a pre-employment alcohol or controlled substances test
or who have a pre-employment controlled substances test with a verified
positive test result
(12)
Other alcohol
related conduct (§ 382.505 of the Revise Code)
No employee tested under the provisions
of the policy who is found to have an alcohol concentration of two hundredths
or greater but less than four hundredths shall perform or continue to perform
safety-sensitive functions for the university, including driving a commercial
motor vehicle.
Refusal to submit means that an
employee (§ 382.107 of the Revise Code)
(a)
Fails to provide
adequate breath for testing without a valid medical explanation after the
employee has received notice of the requirement for breath testing in
accordance with the policy; or
(b)
Fails to provide
adequate urine for testing without a valid medical explanation after the
employee has received notice of the requirement for urine testing in accordance
with the policy; or
(c)
Engages in conduct that clearly obstructs the testing
process.
(d)
Refusing to submit to a test shall be treated as a
positive test result. (§ 382.211 )
(13)
Refusal to
submit to a required alcohol or controlled substances test (§ 382.211
)
No employee shall refuse to submit to a
post-accident, random, reasonable suspicion, or follow-up alcohol or controlled
substances test. The university will not permit an employee who refuses to
submit to such tests to perform or continue to perform safety-sensitive
functions. Refusal to submit means that an employee (§ 382.107
)
(a)
Fails to provide adequate breath for testing without a valid
medical explanation after the employee has received notice of the requirement
for breath testing in accordance with the policy; or
(b)
Fails to provide
adequate urine for testing without a valid medical explanation after the
employee has received notice of the requirement for urine testing in accordance
with the policy; or
(c)
Engages in conduct that clearly obstructs the testing
process.
(d)
Refusing to submit to a test shall be treated as a
positive test result. (§ 382.211 )
(14)
Discipline
(a)
First
offense
An employee who receives a verified
alcohol concentration of four hundredths or greater or a verified positive
controlled substance test will be required to undergo referral evaluation, and
treatment as explained in Section XIII of this policy. Furthermore the employee
will be suspended without pay for a period of two working days. The period of
suspension shall be served upon the completion of the rehabilitation or
treatment program.
(b)
Second
offense
An employee who is returned to duty
following assessment and/or treatment and who received either a verified
alcohol concentration of four hundredths or greater or a verified positive
controlled substance test on any subsequent random, follow-up, return-to duty,
reasonable suspicion, or post-accident alcohol or controlled substance test
within five years of this return-to-duty, shall again be required to undergo
referral, evaluation, and treatment as explained in Section XIII of this
policy. Furthermore, the employee will be suspended without pay for a period of
ten working days. The period of suspension shall be served upon the completion
of the rehabilitation or treatment program.
(c)
Third
offense
An employee who is returned to duty
following the second referral for assessment and/or treatment and who receives
either a verified alcohol concentration of four hundredths or greater, or a
verified positive controlled substance test on any subsequent random, follow-up
return-to-duty, reasonable suspicion, or post accident alcohol or controlled
substance test within five years of the employee's first return to duty shall
be terminated. An employee who fails to comply with university requirement for
evaluation, treatment, or return-to-duty testing shall be subject to
termination.
The discipline prescribed above for
second and third offenses may be subject to appeals in accordance with the
discipline procedures established by the university.
(15)
Removal from safety-sensitive function(section 382.501 of the Revise Code) No
employee shall perform safety-sensitive functions, including driving a
commercial motor vehicle, if the employee has engaged in conduct prohibited by
this policy or an alcohol or controlled substances mle of another department of
transportation (DOT) agency.
The university will not permit any
employee to perform safety-sensitive functions, including driving a commercial
motor vehicle, if the university has determined that the employee has violated
this policy.
(16)
Release of testing information by previous employers (
382.413 )
The university may obtain, pursuant to
an employee's written consent, any of the information concerning the employee
that is maintained pursuant to "Subpart D - handling of Test Results, Record
Retention" and Confidentiality -of the Federal Regulations.' by the employee's
previous employers. The requested information must be obtained from the
official records of the previous employers.
The university shall obtain, pursuant
to an employee's consent, information on the employee's alcohol tests with a
concentration result of four hundredths or greater, positive controlled
substances test results, and refusals to be tested, within the previous two
years.
The information must be obtained and
reviewed by the university no later than fourteen calendar days after the first
time an employee performs safety-sensitive functions. The university will not
permit an employee to perform safety-sensitive functions after fourteen
calendar days without obtaining the information. If the employee stops
performing safety-sensitive functions for the university before expiration of
the fourteen day period or before the university has obtained the information
required in the paragraph above, the university must still obtain the
information.
The university may obtain from any
previous employer the information related to that person's participation in an
alcohol and controlled substance testing program. The university will obtain
written permission from the individual employee to acquire this information.
The university may obtain the information from the previous employer personal
interview, telephone interview, letter, facsimile, or other method as long as
measures are taken to ensure confidentiality. The university will maintain a
written, confidential record with respect to each of the past employers
contacted.
The university will obtain and review
the information listed below from any previous employer where the individual
performed safety-sensitive functions the previous two years. The university
must request and review this information within fourteen days after the person
first performs a safety-sensitive function. The information will
include:
(a)
The individual's breath alcohol tests that indicated
concentration of four hundredths or greater; and
(b)
Positive
controlled substance tests; and
(c)
Any refusals to
submit to a required alcohol or controlled substance test.
The university will not employ any
individual to perform safety-sensitive functions if the university obtains
information indicating that the person has tested positive for controlled
substances, tested at or above four hundredths breath alcohol concentration, or
refused to test unless the employer has evidence the person has been evaluated
by a SAP, completed any required counseling or rehabilitation, passed a
return-to-duty test, and been subjected to follow-up testing.
Any other release of information is
only released with the employee's consent. If an employee initiates a
grievance, hearing, lawsuit, or other action as a result of a violation of
these rules, the employer may release relevant information to the decision
maker.
