Effective Date<\/span><\/h3>\nJune 12, 2017<\/span><\/p>\nLast Revision Date<\/span><\/h3>\nJune, 2023\u00a0<\/span><\/p>\nResponsible Party<\/span><\/h3>\nHuman Resources<\/span><\/p>\nScope<\/span><\/h3>\nThis Policy applies to all officers, agents, administrators, staff, faculty, employees, and\u00a0<\/span>applicants for employment, and on-call employment, including on-call employment in safety sensitive positions.<\/span><\/p>\nPurpose<\/span><\/h3>\nMarymount University strives to be proactive and, as far as possible, prevent the hiring and\/or continued employment of persons who, due to the use of alcohol or illegal drugs, may harm themselves, others, or cause damage to property.<\/span><\/p>\nPolicy Statement<\/span><\/h3>\nMarymount University (\u201cUniversity\u201d) is committed to providing an environment that ensures the well-being and safety of the university’s employees, students, and campus visitors. The University is committed to the protection of employee and student property and the prohibition of any influences that might have a damaging effect upon the orderly, safe, and efficient operations of the university.\u00a0<\/span><\/p>\n1.0\u00a0 Policy Violations<\/span><\/h2>\n\n- An employee who violates this Policy is subject to university sanctions, as well as criminal sanctions provided by federal, state, and local laws.\u00a0<\/span><\/li>\n
- If an employee does not comply with this Policy, the employee may be suspended without pay pending completion of an investigation. During this course of investigation, the employee will have the opportunity to offer an explanation for his or her behavior. Human Resources will decide the course of action in consultation with the employee\u2019s department and the appropriate Vice President (VP).\u00a0<\/span><\/li>\n<\/ol>\n
1.1\u00a0 Restrictions<\/span><\/h3>\nAn employee who performs a safety sensitive function, as defined in 2.6 of Policy Drug and Alcohol Free Workplace, shall not:<\/span><\/p>\n\n- Drive a university-owned or leased vehicle within four (4) hours of using alcohol;<\/span><\/li>\n
- Use alcohol for eight (8) hours following an accident or until the employee has undergone post-incident alcohol\/illegal and controlled substances test, whichever is first;<\/span><\/li>\n
- Operate or continue to operate a vehicle if he\/she is found to have a blood alcohol concentration of 0.02 percent or greater;<\/span><\/li>\n
- Refuse to submit to an alcohol test a controlled substance or illegal drug test as required by the post-accident, random, reasonable suspicion, return-to-duty or follow-up testing requirements of this Policy;<\/span><\/li>\n
- Report for duty or remain on duty requiring the performance of a safety sensitive function when the employee has used any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to operate the vehicle safely;<\/span><\/li>\n
- Drive or perform other duties under the influence of prescription or over the counter drugs that could impair their ability to perform their duties safely (CDL holders are required to complete and submit Record of Prescribed (Therapeutic) Drugs Usage Form to their supervisors prior to performing safety sensitive duties while on medication).<\/span><\/li>\n
- Report for duty, remain on duty, or drive a university vehicle if the employee tests positive for controlled substances.<\/span><\/li>\n
- If an employee who is not on an official on-call roster is asked to come to work outside of his or her normal duty hours to perform emergency or unscheduled work and reports off-duty consumption of alcohol or medication that may affect the employee\u2019s ability to perform safety functions, the supervisor shall not require the employee to report to work.<\/span><\/li>\n<\/ol>\n
2.0 Types of Testing<\/span><\/h2>\n2.1\u00a0 Random Test<\/span><\/h3>\nThe University may require a drug test on a random basis if:<\/span><\/p>\n\n- The employee serves in a safety-sensitive position or is required to hold a CDL. The University is required to conduct testing under Department of Transportation regulations. An employee selected for random drug testing may obtain a deferral of testing if the employee’s supervisor and Human Resources concur that there is a compelling business need to defer the testing. An employee whose random test is deferred will be subject to an unannounced test at a later date.\u00a0<\/span><\/li>\n
- A designated percentage of current employees who are CDL holders and employees in safety sensitive positions will be subject to random alcohol and controlled substances testing each year; (25 percent for alcohol testing and 50 percent for controlled substances testing). Selection of CDL holders and employees in safety sensitive positions to be tested shall be done by a scientifically validated random method. This ensures that each CDL holder and employees in safety sensitive positions have an equal chance of being selected each time that selections are made. Random tests will be conducted periodically on an unannounced basis throughout the calendar year.\u00a0<\/span><\/li>\n
- The employee has received a mandatory referral to the Employee Assistance Program (\u201cEAP\u201d) sponsored by the University for addiction assessment and is referred for treatment pursuant to that assessment.\u00a0<\/span><\/li>\n<\/ol>\n
2.2\u00a0 Reasonable Suspicion Testing<\/span><\/h3>\n\n- Reasonable suspicion testing is based upon indicators of drug or alcohol usage and results in treatment for the employee in most cases. With this in mind, the University may request that an employee, as a condition of his or her continued employment, undergo drug and\/or alcohol testing, if the university has a reasonable belief that the employee may have violated this Policy. The observation must be made while the employee is on duty. Such reasonable belief may be based on, but is not limited to, the following factors:\u00a0<\/span>\n
\n- The employee exhibits physical signs of alcohol, illegal drug use, and\/or misuse of prescribed drugs;<\/span><\/li>\n
- The manager or other university representative reasonably believes that an employee\u2019s unsatisfactory job performance, misconduct, or poor attendance may be related to drug or alcohol use;\u00a0<\/span><\/li>\n
- The employee has a work-related accident that<\/span>\n
\n- results in damage to university property or physical injury to another person,<\/span><\/li>\n
- is the second or more work-related accident the employee has had within any 12-month period, or<\/span><\/li>\n
- if the employee seeks medical treatment, the examining physician reasonably believes the accident was related to drug or alcohol use;<\/span><\/li>\n<\/ol>\n<\/li>\n
- The university obtains reliable information that the employee has or may have violated this Policy.<\/span><\/li>\n<\/ol>\n<\/li>\n<\/ol>\n
2.3\u00a0 Confirmatory Testing<\/span><\/h3>\n\n- If any employee tests positive for use of illegal drugs, a confirming test will automatically be conducted on the employee\u2019s original specimen. The employee must pay for the confirmatory test before it is performed. If the confirmatory test indicates the employee has not used illegal drugs in violation of this policy, any subsequent action will be based on the results of the confirmatory test. In addition, the university will reimburse the employee for the costs of confirmatory testing, and will purge the employee\u2019s record of the results of the initial test.<\/span><\/li>\n
- If the confirmatory test indicates the employee has used illegal drugs in violation of this Policy, the results of the initial test will control for the purposes of any subsequent action. If the second test confirms the initial positive result, a physician at the facility doing the testing will review the test results to determine if a legitimate medical reason exists for the positive result. Any subsequent action will be based on the physician\u2019s findings.\u00a0<\/span><\/li>\n
- The employee may elect to provide, in writing, information to rebut and\/or explain the results of the test. This information will be evaluated by a physician at the facility that performed the testing, and a determination as to the appropriate subsequent action will be made by the physician at the facility that performed the testing.<\/span><\/li>\n<\/ol>\n
2.4\u00a0 Post-Accident Testing<\/span><\/h3>\n\n- Employees are subject to Post-Accident Testing who are in an accident involving a university-owned or leased vehicle operating on a public road or on campus property that results in:<\/span>\n
\n- a fatality;\u00a0<\/span><\/li>\n
- bodily injury to a person who, as a result of the injury, immediately receives a medical treatment away from the scene of the accident;<\/span><\/li>\n
- one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle(s) to be transported away from the scene by a tow truck or other vehicle; or<\/span><\/li>\n
- any CDL driver involved in an accident.\u00a0<\/span><\/li>\n<\/ol>\n<\/li>\n<\/ol>\n
2.4.1 Procedures<\/b>\u00a0<\/span><\/p>\n\n- Written procedures to be followed by the employee following an accident shall be maintained at all times in the glove compartment of the university commercial or owned vehicles.\u00a0<\/span><\/li>\n
- Applicants offered employment as well as current employees must provide advance written consent for post-accident testing and release of test results to the university.<\/span><\/li>\n
- If an employee is injured in an accident and is unable to provide a breath sample or urine specimen, the university will obtain hospital reports, if available, that would indicate alcohol or controlled substance use.<\/span><\/li>\n
- As soon as possible following an accident involving a university owned vehicle, the driver(s) involved in the accident must be tested for alcohol and controlled substances.<\/span><\/li>\n
- An alcohol test under this section should be administered within two (2) hours following the accident, but in no case more than eight (8) hours after the accident.<\/span><\/li>\n
- A controlled and illegal substances test under this section must be administered within thirty-two (32) hours following the accident.<\/span><\/li>\n
- An employee who is subject to post-accident testing shall remain readily available for such testing. If the employee is not available for any reason, except temporarily leaving the accident scene to obtain assistance in responding to the accident or obtaining necessary emergency medical care, he\/she will be deemed to have refused to submit to testing. An employee may not ingest food or drink during the period prior to testing unless the employee must eat or drink based on a medical condition or medical orders.\u00a0<\/span><\/li>\n
- Supervisors are responsible for providing written documentation to include the amount of time taken between accident and testing and the reason for the delay any time alcohol testing is not performed within two (2) hours and drug testing is not performed within thirty-two (32) hours and forward the information to Human Resources.<\/span><\/li>\n<\/ol>\n
3.0\u00a0 Information and Training for Alcohol and Drug Screening<\/span><\/h2>\n3.1\u00a0 Information Dissemination<\/span><\/h3>\n\n- Each employee covered by this Policy shall be provided a copy of the university\u2019s Alcohol and Controlled Substances Testing Program Summary Sheet and shall be required to sign a receipt confirming that they received these materials.<\/span><\/li>\n
- Each employee is expected to be aware of this Policy and its requirements and to abide by the requirements. Managers have the responsibility to ensure that all employees are made aware of this Policy. In addition, program managers should schedule a meeting with their respective staffs on an annual basis to review the provisions and requirements of this Policy.<\/span><\/li>\n
- Once a year all employees will receive notification in writing regarding the university\u2019s Policy and the health risks associated with alcohol and other drug usage.<\/span><\/li>\n<\/ol>\n
4.0\u00a0 Commercial Driver\u2019s License Drivers<\/span><\/h2>\n4.1\u00a0 Requirements<\/span><\/h3>\nEmployees who are required to possess a commercial driver\u2019s license (\u201cCDL\u201d) shall be subject to pre-employment, random, reasonable suspicion, post-accident, return-to-duty and follow-up testing for alcohol and controlled substances. This requirement includes employees who are required to possess a CDL in order to perform their duties, employees who drive a commercial vehicle only occasionally, or CDL licensed employees who repair, inspect, or maintain commercial vehicles. An employee who is not required to possess a CDL in order to perform his\/her duties, yet nevertheless does possess a CDL, shall not be required to be drug and alcohol tested, and shall not operate a university commercial vehicle.<\/span><\/p>\n4.2\u00a0 Pre-Employment Testing<\/span><\/h3>\nEmployees who are required to possess a CDL shall be subject to pre-employment testing for alcohol and controlled substances. Pre-employment testing will be conducted under the following circumstances:<\/span><\/p>\n\n- The final applicant for jobs where possession of a CDL is required must undergo testing for controlled substances and the results evaluated prior to hire or prior to first day in a duty status in a safety sensitive function.<\/span><\/li>\n
- The job advertisement prepared by the hiring department staff shall inform applicants about controlled substances in advance.<\/span><\/li>\n
- Results of controlled substances testing will be made available to applicants, if requested in writing to Human Resources. Requests must be made within 60 days of an applicant being informed of the disposition of their employment application.<\/span><\/li>\n
- If the applicant is a current employee seeking promotion, demotion, or transfer to a position or assignment requiring a CDL, testing must occur before the employee assumes the new position or assignment.<\/span><\/li>\n
- An applicant offered a position requiring a CDL must give written consent to permit contact to all previous employers over the last two years. This consent form shall also provide for post-accident testing and release of the test results to Human Resources. An applicant shall be rejected if he\/she refuses to give written consent. Agencies will obtain the applicant’s signature on the release form and send the form to any employer the applicant has worked for in the last two years. The forms will be returned to Human Resources in the self-addressed envelope provided. Human Resources will notify agencies of the results and maintain the electronic record from previous employers. The inquiry to previous employers asks questions in order to:<\/span>\n
\n- Determine if the applicant has participated in alcohol and\/or controlled substance testing programs that meet Department of Transportation (DOT) guidelines;<\/span><\/li>\n
- Obtain the date the applicant last tested;<\/span><\/li>\n
- Verify that the applicant has not refused to submit to an alcohol or controlled substance test; an applicant shall not be employed if he\/she refused to be tested with a previous employer.<\/span><\/li>\n
- Obtain the results of any controlled substances or alcohol tests administered in the previous six months; and\u00a0<\/span><\/li>\n
- Obtain the record of any violation of the alcohol or controlled substance rules.<\/span><\/li>\n<\/ol>\n<\/li>\n
- Offers of employment for positions requiring possession of CDLs are contingent upon:<\/span>\n
\n- The applicant demonstrating a verified negative controlled substances test; and<\/span><\/li>\n
- Receipt of reports from previous employers (in Section 4.2 e above) that indicate the applicant’s compliance with testing programs and DOT regulations.<\/span><\/li>\n<\/ol>\n<\/li>\n<\/ol>\n
4.3\u00a0 Post-Accident Testing<\/span><\/h3>\n\n- Applicants offered positions requiring a CDL as well as current employees in positions requiring a CDL must provide advance written consent for post -accident testing and release of test results and hospital reports to the university.<\/span><\/li>\n
- If a CDL employee is injured in an accident and is unable to provide a breath sample or urine specimen, the university will obtain hospital reports, if available, that would indicate alcohol or controlled substance use.<\/span><\/li>\n
- As soon as possible following an accident involving a commercial vehicle or university-owned or leased vehicle, the driver(s) involved in the accident must be tested for alcohol and controlled substances.<\/span><\/li>\n
- An alcohol test under this section should be administered within two (2) hours following the incident, but in no case more than eight (8) hours after the accident.<\/span><\/li>\n
- A controlled substances test under this section must be administered within thirty-two (32) hours following the accident.<\/span><\/li>\n
- An employee who is subject to post-accident testing shall remain readily available for such testing. If the employee is not available for any reason, except temporarily leaving the accident scene to obtain assistance in responding to the accident or obtaining necessary emergency medical care, he\/she will be deemed to have refused to submit to testing. An employee may not ingest food or drink during the period prior to testing unless the employee must eat or drink based on a medical condition or medical orders.<\/span><\/li>\n
- Supervisors are responsible for providing written documentation to include the amount of time taken between accident and testing and the reason for the delay any time alcohol testing is not performed within two (2) hours and drug testing is not performed within thirty-two (32) hours and forward the information to Human Resources.<\/span><\/li>\n
- Written procedures to be followed by the employees following an accident as defined by this policy shall be maintained at all times in the glove compartment of all university commercial or owned vehicles.<\/span><\/li>\n<\/ol>\n
4.4\u00a0 Random Testing<\/span><\/h3>\n4.4.1<\/b>\u00a0 A designated percentage of current employees who are CDL holders will be subject to random alcohol and controlled substances testing each year (25 percent for alcohol testing and 50 percent for controlled substances testing). Selection of CDL holders to be tested shall be done by a scientifically validated random method which ensures that each CDL holder has an equal chance of being selected each time that selections are made. Random tests will be conducted periodically on an unannounced basis throughout the calendar year.<\/span><\/p>\n\n- A CDL holder selected for random testing will be notified of selection for testing, given a \u201cTesting Notice Card\u201d and will be required to report to the collection site immediately upon notification to provide a urine and\/or breath sample as required. If the employee is driving himself\/herself to the testing site, the employee is expected to report to the nearest collection site within one (1) hour of notification of testing requirements. The employee is expected to return to the work site immediately after leaving the collection site. Employee time spent in the testing process shall be compensated as regular hours or overtime as appropriate. Employees shall be subject to disciplinary action if they fail to report to the test site within one hour or fail to immediately return to work after testing.\u00a0<\/span><\/li>\n
- Random tests shall be conducted immediately before, during, or immediately after the employee\u2019s scheduled shift in a safety sensitive position.<\/span><\/li>\n
- All departments that employ CDL holders must provide an updated, current roster of positions requiring a CDL to Human Resources. Human Resources must be advised by the first working day of each month whether or not any changes are to be made to the roster.\u00a0<\/span><\/li>\n
- Any employee who refuses to provide a urine or breath sample, fails to proceed immediately to the collection site, or attempts to tamper with or provide an adulterated sample will be removed immediately from all safety sensitive duties and shall be subject to disciplinary action including but not limited to suspension or termination of employment.<\/span><\/li>\n
- Any employee who, after being notified to report for random testing, voluntarily acknowledges a chemical dependency or alcohol abuse problem shall be transported to the collection site.<\/span><\/li>\n<\/ol>\n
4.4.2 <\/b>\u00a0If an employee tests positive the employee must be removed from safety sensitive functions until the employee is evaluated by the university\u2019s EAP and the employee complies with the guidelines listed in the subsequent section, \u201cPositive Test Results.\u201d The employee\u2019s job security and\/or promotional opportunities will not be jeopardized as a result of such a request for help. However, in order to preserve employment, the employee must comply with the recommendations of the EAP regarding treatment and referral.<\/span><\/p>\n4.4.3<\/b>\u00a0 Regardless of previous admission of chemical dependency or an alcohol abuse problem, the employee who tests positive shall be subjected to disciplinary action as stated in the subsequent section titled \u201cPositive Test Results.\u201d<\/span><\/p>\n5.0\u00a0 Testing Procedures<\/span><\/h2>\n5.1\u00a0 Compliance<\/span><\/h3>\nAll drug and alcohol test results must be in compliance with federal testing guidelines. The\u00a0<\/span>federal laws that provide drug free workplace and alcohol and controlled substances testing\u00a0<\/span>standards are:<\/span><\/p>\n\n- Drug Free Work place Act of 1988 and<\/span><\/li>\n
- Omnibus Transportation Employee Testing Act of 1991 (49 C.F.R. Parts 382, et seq., FHWA Regulations on Controlled Substances and Alcohol Use and Testing and 49 C.F.R. Part 40 (Procedures for Transportation Work place Drug and Alcohol Testing Programs).<\/span><\/li>\n<\/ol>\n
5.2\u00a0 Testing Places<\/span><\/h3>\nAll drug and alcohol testing shall be done by a laboratory approved by the National Institute\u00a0<\/span>of Drug Abuse (\u201cNIDA\u201d). All testing will be conducted from urine specimens or breath tests\u00a0<\/span>administered by qualified contractor personnel. Tests shall be conducted as specified in DOT\u00a0<\/span>regulations, 49 C.F.R. Part 40. Under these regulations, testing will be conducted for alcohol\u00a0<\/span>and five specific drugs:<\/span><\/p>\n\n- Marijuana<\/span><\/li>\n
- Cocaine<\/span><\/li>\n
- Opiates<\/span><\/li>\n
- Amphetamines<\/span><\/li>\n
- Phencyclidine (PCP)<\/span><\/li>\n<\/ol>\n
6.0\u00a0 Test Results<\/span><\/h2>\n