CLEMSON UNIVERSITY
PERSONNEL POLICIES AND PROCEDURES MANUAL
 

SECTION: Employee Relations and Assistance Programs    
     

SUBJECT: Alcohol and Controlled Substances Testing Policy (CDL)

Drug and Alcohol (Policy Only)

 Last Update  10/8/98
  Effective:  10/7/90 
  Revised/Reviewed:  5/16/02
b Reviewed 02/04/03

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THE DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.

Alcohol and Controlled Substances Testing Policy (CDL)

I. GENERAL PURPOSE

The purpose of this policy is to comply with federal regulations that have been implemented pursuant to the OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT OF 1991 which mandates drug and alcohol testing of certain University employees.

II. DEFINITIONS

A. Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.

B. Alcohol Concentration: The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test.

C. Alcohol Test: A test administered by a breath alcohol technician (BAT) on the breath specimen of an employee using a breath testing device (EBT). Also, any other test deemed such and conducted as on scene post-accident testing by federal, state or local officials.

D. Alcohol Use: The consumption of any beverage, mixture or preparation containing alcohol including, but not limited to, medications.

E. Commercial Motor Vehicle or "CMV": The term means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle

1. has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or

2. has a gross vehicle weight rating of 26,001 or more pounds; or

3. is designed (i.e. rated by the manufacturer as having the capacity) to transport 16 or more passengers, including the driver; or

4. 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 federal hazardous materials regulations.

F. Controlled Substances: This term includes marijuana, cocaine, opiates, amphetamines and phencyclidine (and any other substances as determined by the DOT).

G. CU: Clemson University

H. DOT: The United States Department of Transportation

 I. Drug Test: The compulsory production and submission of urine by an employee or prospective employee in accordance with agency procedures for comprehensive testing for substances including, but not limited to, marijuana, cocaine, opiates, amphetamines, and/or phencyclidine. (Specimens will also be analyzed for such other substances as the DOT may from time-to-time direct, or as may otherwise be permitted by federal or state law. In the event that the DOT expands the list of drugs for which testing is or may be required, Clemson University reserves the right to begin testing immediately for those drugs without prior notice to employees, unless notice is required by the DOT or other applicable law.)

J. Employee: For the purpose of this policy, employee means any full-time, part-time, temporary or probationary University employee who possesses a Commercial Driver’s License and performs a safety-sensitive function.

K. MRO: A Medical Review Officer who is a licensed physician knowledgeable of substance abuse disorders and trained to interpret and evaluate drug and alcohol tests.

L. On Duty: Includes, but is not limited to, anytime an employee is performing safety-sensitive functions. (See definition of Safety-Sensitive Function below).

M. Reasonable Suspicion: The quantity of proof or evidence that is more than a hunch, but less than probable cause. Reasonable suspicion must be based on specific, objective facts and any rationally-derived inferences from those facts about the conduct of any individual that would lead a reasonable person to suspect that an individual is using or under the influence of drugs and/or alcohol while on duty.

N. Refusal to Test: Failure to provide an adequate urine specimen for a drug test without a valid medical explanation; failure to provide adequate breath for an alcohol test without a valid medical explanation; failure to submit to either tests as directed; engaging in any conduct which clearly obstructs the testing process.

O. Safety-Sensitive Function: An employee performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform or immediately available to perform any safety-sensitive function. The following constitute safety-sensitive functions:

1. All time spent at a carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the employee has been relieved from duty by the University; and

2. All time spent inspecting equipment, or otherwise inspecting servicing, or conditioning any CMV at any time; and

3. All time spent at the driving controls of a CMV in operation (driving time); and

4. All time spent, other than driving time, in or upon any CMV except time spent resting in a sleeper berth; and

5. All time spent loading or unloading a CMV, supervising or assisting in the loading or unloading, attending a CMV being loaded or unloaded, remaining in readiness to operate the CMV, or giving or receiving receipts for shipments loaded or unloaded; and

6. All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled CMV; and

7. All time spent providing a breath sample 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 these procedures.

8. All time spent by an employee performing the driver requirements of DOT regulations relating to accidents.

P. SAP: A Substance Abuse Professional has an addictions certification as well as clinical experience. The SAP releases the employee for return to duty.III. PROHIBITED CONDUCT

  The following prohibitions will apply to all employees (as that term is defined above).

A. No employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater.

B. No employee shall use alcohol while performing safety-sensitive functions.

C. No employee shall perform safety-sensitive functions within four hours after using alcohol.

D. No employee required to take a post-accident alcohol test as stated in this policy shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.

E. No employee shall refuse to submit to an initial drug or alcohol test, a post-accident alcohol or drug test required under this policy, a random alcohol or drug test required under this policy, a reasonable suspension alcohol or drug test required under this policy, a return to duty alcohol or drug test, or a follow-up alcohol or drug test required under this policy.

F. No employee shall report for duty or remain on duty requiring the performance of safety- sensitive functions when the employee uses any controlled substance, except where the use is pursuant to the instructions of a licensed medical practitioner who has advised the employee that the substance will not adversely affect the employee’s ability to safely operate a commercial motor vehicle.

G. No employee shall report for duty, remain on duty or perform a safety-sensitive function, if the employee tests positive for a controlled substance.

H. Off Duty (PreDuty) Use: No driver shall perform safety sensitive functions within four (4) hours after consuming alcohol. No employee having actual knowledge that a driver has used alcohol within four (4) hours shall permit a driver to perform or continue to perform safety sensitive functions.
 
 

IV. SANCTIONS A. In accordance with federal regulations, any employee who engages in any prohibited conduct stated above in Section III must be removed from all safety-sensitive functions immediately and is subject to disciplinary action. The employee will either be placed on leave without pay or temporarily reassigned (where possible and practical) to non-safety sensitive functions pending further investigation. Disciplinary action may include sanctions up to and including termination from the University. If an employee is allowed to return to safety-sensitive functions, such action must be in accordance with Section X below. Also, any employee whose breath alcohol concentration on any test given under this policy is between 0.02 and 0.04 will return to safety-sensitive functions only in accordance with Section X below. Any applicant required to take a pre-employment drug test under this policy who refuses to take the test or who tests positive on the test will not be given further consideration for that position.

B. Employees subject to this policy are advised to review and be aware of the sanctions that may be imposed by the University resulting from a violation of the Standards of Conduct as stated in the University’s Employee Drug and Alcohol Policy.

V. REQUIRED TESTING                     A. Drug and/or alcohol testing shall be conducted under the following circumstances:

                                        1. Pre-employment/Applicant Testing (Drugs Only)
                                        2. Employee Initial Testing

3. Employee Random Testing                                        4. Reasonable Suspicion
                                        5. Post Accident Testing
                                        6. Return to Duty
                                        7. Follow-up Testing
  B. To ensure the integrity and accuracy of each test, all specimen collection, analysis, and laboratory procedures shall be conducted in accordance with the DOT procedural protocols and the safeguards set forth in Part 40 of Title 49 of the Federal Code of Regulations.

C. Employees will be permitted to give a urine specimen in privacy and without being observed by collection site personnel. However, this right may be forfeited if there is reason to believe that an employee may alter or substitute a specimen.

D. Prior to being tested for drugs, an employee will have an opportunity to list on their copy of the chain-of-custody form, any prescription and non-prescription medications they are lawfully using at the time. A "positive" drug test may be declared "negative" by the Medical Review Officer if the employee can provide adequate justification that the drug was prescribed by a licensed physician.

 E. The "split specimen" procedure will be followed for drug testing. If a drug test result is positive, this employee may request the second part of the urine which was collected as a split sample be sent to another certified laboratory for analysis. Should the employee desire analysis of the split sample, the request must be made in writing to the MRO within 72 hours of notification. Any cost or expense for the split sample analysis will be paid by the employee.
 
 

VI. PRE-EMPLOYMENT/APPLICANT TESTING

A pre-employment drug test will be required for final candidates for any full time, part-time or temporary position involving a safety-sensitive function. Any current Clemson University employee who moves by way of promotion, demotion, reclassification, transfer, or reassignment from a position where testing is not required to a position performing safety-sensitive functions, will be subject to a drug test prior to the assumption of the new duties and responsibilities.
 
 

VII. EMPLOYEE RANDOM TESTING

                  A. Employees shall be randomly tested as a condition of continued employment in order to ensure a
                  drug and alcohol free work environment.

                  B. Employees shall be tested on an unannounced random basis. Every employee will have an equal
                  chance of being selected each and every time the process is implemented.

                  C. Selection.

1. The selection will be in accordance with Department of Transportation federal regulations and guidelines.Appropriate safeguards shall be taken to ensure that the identity of the employee cannot be determined prior to or at the time of selection.

2. When an employee is randomly selected he/she shall be notified of this in writing and instructed to report to the collection site within no more than one (1) hour of notification.

3. Positive identification will be required from each employee prior to entering the testing area.

4. Where the employee appears unable or unwilling to give a specimen at the time of the drug test, testing personnel shall document the circumstances on the drug-test report form. The employee shall be permitted to no more than three (3) hours to give a sample on site. Reasonable amounts of water and/or other acceptable liquids may be given to an employee to encourage urination. Failure to submit a sample without a valid medical explanation shall be considered a refusal to submit to a drug test.

 5. In the event an employee is unable to provide an adequate amount of breath for the initial or confirmatory alcohol test after several attempts, the employee may be required to submit to an evaluation by a licensed medical physician at their own expense, to determine whether a valid medical condition exists. If it is determined that a valid medical condition exists, the employee may be found to be unavailable for work due to medical reasons. If it is determined that there is no valid medical condition it shall be noted by testing personnel and reported to Clemson University as a failure to submit.

VIII. REASONABLE SUSPICION A. An employee may be tested for drugs and/or alcohol when specific objective facts infer that his/her conduct would lead a reasonable person to suspect that he/she has engaged in any prohibited conduct as stated in Section III above. Such facts may include, but not be limited to, appearance, behavior, speech and/or body odor and must be observed by a Clemson University supervisor who has received the minimum required training in detecting signs and symptoms of drug and alcohol use. The observations must be made by the supervisor while the employee is performing a safety-sensitive function, just before the employee is to perform a safety-sensitive function, or just after the employee has performed a safety-sensitive function. A written record of the observations leading to the reasonable suspicion testing will be made by the supervisor within 24 hours of the observations and sent to the Director of Human Resources.                    B. Notification 1. When an employee is notified of reasonable suspicion testing for drugs and/or alcohol, he/she must report to the test site immediately within one (1) hour.

2. The employee shall be given the necessary documentation and driven to the test site by the supervisor or department official. Because the employee is being tested for reasonable suspicion and may possibly be under the influence, the employee shall not be allowed to operate a vehicle.

3. Clemson University reserves the right to take whatever action necessary to prevent an employee from driving a vehicle to the test site for reasonable suspicion testing including, but not limited to, contacting law enforcement.

4. When an employee is transported to a test site under reasonable suspicion, it will be the responsibility of the employee to make arrangements for transportation home after the test is completed.

C. If an alcohol test required by this section is not administered within two hours following the reasonable suspicion determination, the supervisor will prepare a report stating the reasons the alcohol test was not timely administered; if the alcohol test is not administered within eight hours following the reasonable suspicion determination, there will be no further attempts to administer the test and the supervisor will prepare a report stating the reasons why the test was not timely administered. The report(s) will be forwarded to the Director of the Office of Human Resources.

 D. If a supervisor is unable to obtain a reasonable suspicion alcohol test, the employee may not remain on or return to duty if the employee appears to be under the influence or impaired by alcohol as indicated by specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. In this situation, the employee will only be permitted to return to work when:

                              1. an alcohol test shows a concentration of less than 0.02; or

                              2. twenty-four hours have elapsed since the reasonable suspicion observations.
 
 

IX. POST-ACCIDENT TESTING A. An employee performing a safety-sensitive function with respect to a vehicle must submit to a post-accident drug and alcohol test under the following circumstances: 1. After an accident involving a fatality (loss of life);

2. Upon being issued a citation for a moving violation as a result of the accident and someone immediately receives medical treatment away from the scene of the accident, and/or;

3. Upon being issued a citation for a moving traffic violation as a result of the accident and one or more vehicles is towed from the scene of the accident.

B. An employee may be tested on the scene of an accident by a law enforcement officer. If a federal, state or local law enforcement officer directs an employee to submit to a drug and/or alcohol test at the scene of an accident, it will be the responsibility of the employee to notify his/her supervisor or another Clemson University official immediately and provide the following information:                                        1. Name and badge number of the officer

                                        2. Jurisdiction (Federal, State, County, etc.)

                                        3. Badge Number

                                        4. Telephone number of officer conducting test(s)

C. If an employee is not tested on the scene of an accident by law enforcement officials, the employee must immediately notify his/her supervisor and submit to a drug test no later than thirty-two (32) hours and/or alcohol test no later than eight (8) hours after the accident.

D. In the case where an employee is seriously injured and cannot provide a specimen at the time of the accident, he/she must provide the necessary authorization to release information needed to determine the existence of drugs and/or alcohol in his/her system.
 
 

X. RETURN TO DUTY TESTING A. If an employee is allowed to return to a safety-sensitive function following a verified positive drug test, a verified positive alcohol test result of 0.04 or greater, a refusal to submit to a test, or after engaging in other conduct that violates this policy, he/she must be evaluated by a Substance Abuse Professional (SAP) and pass a return-to-duty test prior to returning.

B. Before the return-to-duty test is performed, the employee must be evaluated by a SAP to determine whether he/she has followed the recommendations for action as outlined by the SAP including, but not limited to, participation in any rehabilitation program.

C. The return-to-duty test and SAP evaluation ensures that an employee is:

                                        1. Free of alcohol and/or any prohibited drugs, and;
                                        2. Able to return without undue concern about continued substance abuse.
  D. Any employee who had a positive alcohol test result of 0.04 or greater must have a verified alcohol test result of less than 0.02 before any attempt is made to return him/her to a safety-sensitive function.

E. Any employee who had a positive alcohol test result of 0.02 or greater but less than 0.04 shall not return to perform a safety-sensitive function for at least twenty-four hours following administration of the test.

XI. FOLLOW UP TESTING A. Follow-up alcohol and drug testing is separate from and in addition to the regulated random testing program. Once allowed to return to duty after a positive test result, the employee shall be subject to unannounced follow-up testing for at least twelve (12) but no more than sixty (60) months. The frequency and duration of the follow-up testing shall be recommended by the SAP. However, a minimum of six (6) tests must be performed during the first twelve (12) months after the employee has returned to duty.

B. Employees subject to follow-up testing shall remain in the random pool even if it results in duplicate testing.
 
 

XII. RELEASE OF INFORMATION

The results of drug and alcohol tests will be made known to the employee or applicant as follows:

A. Employee: The results of all drug and alcohol tests on employees will be made known to the employee any time a test result is positive. The employee will be told that the test indicated a positive result and what drug(s) were discovered.

B. Applicant: The results of a pre-employment drug test must be made available to those applicants requesting the information in writing within 60 calendar days of being notified of the University’s disposition of his/her employment application.

XIII. DRUG AND ALCOHOL AWARENESS A. Clemson University currently has in place an Employee Drug and Alcohol Policy that contains information on drug and alcohol treatment and counseling programs as well as information on the health risks and effects of drugs and alcohol. Employees are encouraged to review the information in that policy. Questions about any of this material should be directed to the Director of the Office of Human Resources.

 B. All employees shall be required to sign the attached statement certifying that they have received, read and understand the Alcohol and Controlled Substances Testing Policy and the Employee Drug and Alcohol Policy as well as a release of information to appropriate University officials if the employee is injured and cannot provide information after an accident as covered in Section IX D of this policy.
 
 
 
 
 
 
CLEMSON UNIVERSITY

EMPLOYEE ACKNOWLEDGMENT OF

ALCOHOL AND CONTROLLED SUBSTANCES TESTING POLICY,

EMPLOYEE DRUG AND ALCOHOL POLICY, AND RELEASE OF INFORMATION AUTHORIZATION
 
 

Return this completed form to the Office of Human Resources









Employee’s Name:

(Print)
 
 

Social Security Number:
 
 

My signature indicates:

1) I have received, read and understand Clemson University’s Alcohol and Controlled Substances Testing Policy.

2) I have received, read and understand Clemson University’s Employee Drug and Alcohol Policy.

3) I have received training on Clemson University’s Alcohol and Controlled Substances Testing Policy.

4) I understand that if I am seriously injured in an accident and cannot authorize a release of information to determine the existence of drugs and/or alcohol in my system, my signature of this form will authorize such information to be released to appropriate Clemson University officials.

5) I understand that should I receive a positive test, any Employee Relations and/or Employee Assistance files will be released to the appropriate medical/counseling personnel to assist in the assessment and/or rehabilitative treatment process.
 
 

I understand that any violation of these policies will be grounds for disciplinary action up to and including termination.
 
 
 
 
 
 

(Signature) (Date)