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Handbook of Operating Procedures
Chapter 9 - General Provisions
Publication Date: May 12, 2014
Responsible Executive: VP for Business Affairs


9.30 Drug and Alcohol Testing (Certain Holders of Commercial Drivers' Licenses)


I. POLICY STATEMENT


The University of Texas at San Antonio (UTSA) is committed to providing a safe, healthy and productive working environment, and to comply with the regulations issued by the U.S. Department of Transportation, specifically the Procedures for Transportation Workplace Drug and Alcohol Testing Programs and Controlled Substances and Alcohol Use and Testing requirements.


II. RATIONALE


This policy is furnished as a guide to UTSA staff to enable them to comply with the federal regulations required to maintain a commercial drivers' licenses.


III. SCOPE


This policy applies to all persons who are applicants for, or who are employed in positions with duties or activities that involve the requirement of a commercial driver's license, otherwise referred to herein as safety-sensitive functions. The provisions of this Drug and Alcohol Testing policy do not relieve an employee from requirements pursuant to other UTSA policies on drugs and alcohol.


IV. WEBSITE ADDRESS FOR THIS POLICY


http://www.utsa.edu/hop/chapter9/9-30.html


V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS


UTSA or UT System Policies or the Board of Regents' Rules & Regulations

  1. UTSA HOP policy 9.18, Drugs and Alcohol
  2. UT System policy UTS113, Drug and Alcohol Testing for Positions Requiring Commercial Driver's Licenses

Other Policies & Standards

  1. U.S. Department of Transportation
  2. Procedures for Transportation Workplace Drug and Alcohol Testing Programs 49 CFR 40
  3. Controlled Substances and Alcohol Use and Testing 49 CFR 382
  4. United States Department of Health and Human Services  Mandatory Guidelines for Federal Workplace Drug Testing Programs 73 FR 71858, 73 FR 75122 and 75 FR 22809

VI. CONTACTS


If you have any questions about HOP policy 9.30, Drug and Alcohol Testing, contact the following office:

Environmental Health, Safety, and Risk Management Office (EHSRM)
210.458.5250
http://utsa.edu/safety/


VII. DEFINITIONS


Safety-Sensitive Functions: duties or activities that involve the requirement of a commercial driver's license.

Safety-Sensitive Position: a position of employment that is required to perform Safety-Sensitive Functions.

CDL: Commercial driver’s license

DOT: United States Department of Transportation


VIII. RESPONSIBILITIES


  1. Applicants for Safety-Sensitive Positions
    1. Consent and submit to a urinalysis on acceptance of the conditional offer for hire in a Safety Sensitive Position.
    2. Consent to a three-year records check of the Department and Transportation Drug and Alcohol Testing history as required by DOT.
    3. Applicants selected for hire who refuse to consent to a urinalysis or who test positive for the presence of illegal drugs in prohibited concentrations will not be considered for employment in a position covered by this policy and may not reapply for such employment for a period of six months.
  2. Employees in Safety-Sensitive Positions
    1. Abide by this policy and applicable DOT laws for use of prescriptions drugs and alcohol.
    2. Consent to Drug and Alcohol Testing as outlined in this policy, department procedures and/or dictated by DOT.
    3. Properly report prescription drug use and vehicle accidents as outlined by DOT regulations.
    4. Follow all renewal requirements for medical cards and CDL.
  3. Supervisor/Manager
    1. Will ensure that all published or posted notices of vacancies in Safety-Sensitive Positions shall state that all applicants selected for hire will be required to consent to a urinalysis for the purpose of testing for the presence of illegal drugs.
    2. Notify applicants selected for hire of the testing procedures either verbally or in writing.
    3. Allow employee(s) to leave during a scheduled shift for drug and alcohol testing once notified of request.
    4. Refer employees in Safety-Sensitive Positions to EHSRM when there is reasonable suspicion that an employee is under the influence of drugs or alcohol for appropriate testing in accordance with this policy.
    5. Follow all reporting guidelines as outlined in this policy, department procedures and/or dictated by DOT.
  4. Environmental Health Safety and Risk Management (EHSRM)
    1. Coordinates Drug and Alchol Testing Program with department and vendor.

IX. PROCEDURES


  1. Applicants for Employment
    1. All applicants who have been conditionally accepted for employment in positions involving safety-sensitive functions will be required to provide a urine sample for testing for the presence of illegal drugs in accordance with EHSRM department procedures and guidelines.  A confirmed negative test result will be required on the controlled substance test. (Confirmation is done through testing vendor.)
    2. All published notices of vacancies in positions covered by this policy shall state that the applicant selected for hire will be required to consent to a urinalysis for the purpose of testing for the presence of illegal drugs.
    3. Applicants selected for hire who refuse to consent to a urinalysis or who test positive for the presence of illegal drugs in prohibited concentrations will not be considered for employment in a position covered by this Policy and may not reapply for such employment for a period of six months.
    4. Prior to signing the consent form, applicants selected for hire will be informed of the testing procedures either orally or in writing.  
  2. Prohibited Employee Conduct
    1. Alcohol use or possession is prohibited (a) while on duty; (b) four hours before being on duty requiring the performance of a safety-sensitive function; or (c) during the eight hours following an accident requiring a post-accident test or until the employee undergoes a post-accident test, whichever occurs first.
    2. Employees are prohibited from having concentrations of alcohol (0.04 or greater) in their system while on duty requiring the performance of safety-sensitive functions.
    3. Drug use or possession of controlled substances is prohibited while on duty, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial vehicle.
    4. Testing positive for controlled substances above the allowed thresholds while holding a position requiring the performance of a safety-sensitive function is prohibited.
    5. Refusal to submit to required testing is prohibited.
    6. Knowledge of prohibited conduct. A supervisor shall not allow an employee to perform or continue to perform safety-sensitive functions when the supervising employee has actual knowledge that a driver has engaged in prohibited conduct described in 1 through 5 above.
  3. Employee Testing. Employees performing safety-sensitive functions may be required to submit to testing to determine the presence of illegal drugs or alcohol under the following circumstances:
    1. Accidents. Employees involved in such accidents as listed below are required to report them immediately to their supervisor. When performing safety-sensitive functions and involved in an on-the-job driving accident that:
      1. Results in the death of a person; or
      2. Results in a citation to the employee, within 8 hours of the occurrence, under state or local law for a moving traffic violation arising out of the accident; and
        1. Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
        2. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
    2. When observed using alcohol or illegal drugs while on duty requiring the performance of safety-sensitive functions.
    3. When a supervisor who has participated in a program that provides training in the recognition of the physical appearance and behavior of persons under the influence of alcohol or illegal drugs observes an employee exhibiting such appearance and behavior during, just preceding, or just after the period of the work day that the employee is performing in the safety-sensitive function.
    4. When selected pursuant scientifically valid random process determined by the University and/or the vendor of testing services in accordance with DOT regulations.
    5. If allowed to return to duty in a safety-sensitive position after a violation of drug or alcohol rules.
    6. If allowed to return to duty for a safety-sensitive position, and has been identified by a substance abuse professional as needing assistance in resolving problems with drug or alcohol abuse, such employees will be subject to a minimum of six unannounced follow-up drug or alcohol tests over the first12 months following his or her return to duty at the expense of the employee.
  4. Refusal to Submit to Test
    1. By continuing employment with the University, employees have consented to the University's adoption of a Drug and Alcohol Testing Program. The University will secure a consent form signed by the employee to be tested. An employee who refuses to consent and submit to a test when requested under any of the circumstances provided for in the above section will be subject to disciplinary action up to and including termination.
    2. Refusal to submit includes failure to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing, failure to provide adequate urine for controlled substances testing without a valid medical explanation, engaging in conduct that clearly obstructs the testing process, and/or leaving the scene of an on-the-job accident.
  5. Positive Test. Employees with a verified positive test will be immediately removed from safety-sensitive functions. The supervisor (or his/her designated representative) will meet with each employee who tests positive and inform the employee of the test result. Based upon the information available after the meeting with the employee, the supervisor (or his/her designated representative) shall determine whether:
    1. To proceed to impose appropriate disciplinary action; and/or
    2. To offer the employee the opportunity to participate in and satisfactorily complete, at the employee's expense, an appropriate employee assistance program or rehabilitation program for alcohol and/or drug abusers as a condition of continued employment. An employee who chooses to participate in such a program must be informed that the University will pursue appropriate disciplinary action if the employee does not satisfactorily complete the prescribed program; or
    3. To allow the employee who has tested below 0.04 for alcohol, with no concurrently positive drug test, to return to work after a 24-hour period.
  6. Urinalysis Procedure. In order to assure individual privacy without compromising the integrity of the test result, the University will utilize U.S. Department of Health and Human Services approved laboratories and utilize the United States Department of Health and Human Services Mandatory Guidelines for Federal Workplace Drug Testing Programs, the Procedures for Transportation Workplace Drug and Alcohol Testing Programs and the Controlled Substances and Alcohol Use and Testing for tests pursuant to this policy. The Guidelines generally provide for specimen collection procedures, chain-of-custody procedures, testing procedures, and documentation procedures. Any testing requested by an employee will be done at the employee's expense.
  7. Alcohol Testing. Alcohol testing will be conducted either on University of Texas at San Antonio premises or at a specimen collection site. The University will in most cases utilize an evidential breath testing device approved by the National Highway Traffic Safety Administration and the Procedures for Transportation Workplace Drug and Alcohol Testing Programs for alcohol tests pursuant to this policy. The Guidelines generally provide for specimen collection procedures, chain-of-custody procedures, testing procedures, and documentation procedures. Any testing requested by an employee will be done at the employee's expense.
  8. Records. All information from an applicant's or an employee's Drug and Alcohol Tests will be confidential to the extent required by law. Records will be maintained in a secure manner, so that disclosure of confidential information to unauthorized persons does not occur.
  9. Reporting. The University will submit reports in accordance with federal regulations regarding this alcohol and drug misuse prevention program. Regulations currently require an annual calendar year summary of the results of alcohol and controlled substances testing programs performed under this policy.

X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION


None


XI. FORMS AND TOOLS/ONLINE PROCESSES


None


XII. APPENDIX


None