Pol-Driver’s Alcohol and Controlled Substance Testing
policy Driver’s Alcohol Controlled Substance Testing modified Wed Oct 05 2022 11:54:23 GMT-0400 (Eastern Daylight Time)
University of Louisville
Driver’s Alcohol and Controlled Substance Testing
May 14, 1996
This policy applies to University Faculty and Staff.
REASON FOR POLICY
To help prevent accidents and injuries resulting from the misuse of alcohol or the use of controlled substances by drivers of commercial vehicles and to comply with the Omnibus Transportation Employee Testing Act of 1991.
It is the policy of the university to administer complete commercial driver's license (CDL) physical examinations and alcohol and controlled substance testing for all employees whose job duties require a commercial driver's license (CDL) and/or the transporting of hazardous materials.
This policy is applicable to all university faculty and staff whose job duties require a commercial driver's licenses and/or the transporting of hazardous materials. All covered employees will be provided with a written notice of the availability of information regarding the Omnibus Transportation Act, its testing requirements, and a copy of this policy, which provides for compliance with the federal requirements.
Nothing in this policy lessens the university's ability to discipline in accordance with the university's disciplinary policies. The minimum sanctions in this policy and federal law shall not lessen the university's ability to impose greater sanctions, up to and including termination under Staff Personnel Policy and Procedures Section PER 4.14 Separations, PER 1.15: Drug Free Workplace and Drug-Free Schools Notice.
The University of Louisville expressly reserves the right at any time to modify, alter, or amend this policy in whole or in part. The University shall have the unlimited right to amend this policy at any time, retroactively or otherwise, in such respect and to such extent as may be necessary to meet any legal requirement and to the extent as necessary to accomplish this purpose. The President or his designee is hereby granted authority to issue interpretations and clarify rules under this policy and to coordinate it with or modify other rules of the university as required from time to time for compliance with the law.
For purpose of this policy, the following definitions will apply:
- Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol including methyl or isopropyl alcohol.
- Alcohol use (or use alcohol): Any consumption of any beverage, mixture, or preparation, including any medication, containing alcohol
- 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.
- Breath Alcohol Technician (BAT): An individual who instructs an assists in the alcohol testing process and operates an evidential breath testing device (EBTD).
- CFR: Code of Federal Regulations. Title 49 Code of Federal Regulations Parts 40, 325, 382, 383, 385, 386, 387, 390-397, 399, pertain to the U.S. Department of Transportation Federal Highway Administration (April 1995).
- Collection site: A place designated by the university where employees/applicants present themselves for the purpose of providing a specimen provided by those employees/applicants.
Commercial vehicles or CMV include any of the following:
- CLASS A: Any combination of vehicles with a gross vehicle weight rating (GVWR) of 26,001 or more pounds provided the vehicle being towed is in excess.
- CLASS B: Any single motor vehicle with a GVWR of 26,001 or more pounds or any vehicle towing a vehicle less than 10,000 pounds GVWR.
- CLASS C: Any vehicle with a GVWR of less than 26,001 pounds that is either a) transporting hazardous materials for which placarding is required, or b) designed to transport sixteen (16) or more passengers including the driver.
- Confirmation test: For alcohol testing means a second test, following a screening test with a result of 0.02 or greater, which provides quantitative data of alcohol concentration. For controlled substance testing means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy.
- Controlled substance: Marijuana, cocaine, opiates, amphetamines and phencyclidine.
- Covered employee: Any University of Louisville employee who performs a safety sensitive function(s), requiring a commercial driver's license (CDL). This includes, but is not limited to: full-time, regularly employed drivers, casual, intermittent, temporary, part-time, or occasional drivers. These function(s) may constitute part or all of the job duties in the operation of a university owned, leased, or borrowed commercial motor vehicle. The term includes an applicant for employment. Covered employees are university employees (including mechanics who may test drive a repaired vehicle) who operate a commercial vehicle (see definition of commercial vehicles) owned or leased by the university.
- Driver time: All time spent at the driving controls of a CMB in operation.
- EBTD or evidential breath testing device: An EBTD approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Products List" (CPL) of Evidential Breath Measurement Devices" and identified on the CPL as conforming with the model specifications available from the NHTSA and Office of Alcohol and State Programs (49 CFR 40.3).
- Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of osteopathy) who is responsible for receiving laboratory results generated by the university's alcohol and con- trolled substance testing program, who has knowledge of substance abuse disorders, and who has appropriate medical training to interpret and evaluate a covered employee's medical history and any other relevant biomedical information.
- Omnibus Transportation Employee Testing Act of 1991: Implemented on February 15, 1994. Every college and university will be required to conduct pre-employment, reasonable suspicion, random, and post-accident alcohol and controlled substances testing of each applicant for employment or employee who is required to obtain a CDL.
- Performing (a safety-sensitive function): A covered employee is considered to be 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 functions.
- All time the covered employee is inspecting equipment as required by U.S. DOT regulations or otherwise inspecting, servicing, or conditioning any CMV at any time.
- All driving time as defined in the term driving time in this policy.
- All time a covered employee is loading or unloading or supervisor or assisting in the loading or unloading of a CMV, attending a CMV being loaded or unloaded, remaining in readiness to operate the CMV, or in giving or receiving receipts for shipments loaded or unloaded.
- All time spent by a covered employee performing the driver requirements of U.S. DOT regulations relating to accidents.
- All time spent by a covered employee repairing, obtaining assistance, or remaining in attendance upon a disabled CMV.
- Screening test (or initial): In controlled substance testing, is an immunoassay screen to eliminate "negative" urine specimens from further analysis. In alcohol testing, an analytic procedure to determine whether a covered employee may have prohibited concentration of alcohol in a breath specimen.
- Substance Abuse Professional: A licensed physician or licensed or certified psychiatrist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselor Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.
Administration of Policy
Administration of this policy is the responsibility of the Vice President for Human Resources and the department with covered employees. Department heads are responsible for ensuring that the creation of any position or the addition of responsibilities requiring a commercial driver's license (CDL) is communicated to the Vice President for Human Resources.
Vice President for Human Resources
RESPONSIBLE UNIVERSITY DEPARTMENT/DIVISION
215 Central Avenue, Suite 205
Revision Date(s): December 14, 2021 (minor edits); August 24, 2022 (minor edit)
Reviewed Date(s): March 8, 2016
The University Policy and Procedure Library is updated regularly. In order to ensure a printed copy of this document is current, please access it online at http://louisville.edu/policies.