HUMAN RESOURCES MANAGEMENT POLICY COMMERCIAL DRIVERS LICENSE. Policy 31

Transcription

1 HUMAN RESOURCES MANAGEMENT POLICY COMMERCIAL DRIVERS LICENSE Policy 31 NOTE: THIS POLICY, LIKE ALL OTHER MUSC HUMAN RESOURCES POLICIES, IS NOT A CONTRACT OF EMPLOYMENT AND SHOULD NOT BE RELIED UPON AS SUCH. THIS POLICY MAY BE CHANGED AT ANY TIME BY THE MEDICAL UNIVERSITY OF SOUTH CAROLINA. I. POLICY A. The Federal Omnibus Transportation Employee Testing Act of 1991 requires that all Commercial Driver's License (CDL) holders performing safety-sensitive functions undergo random testing, reasonable suspension for controlled substances and alcohol usage. B. The Medical University requires pre-employment controlled substance testing of all persons recommended for positions requiring a Commercial Driver's License. C. Commercial Driver's Licensed (CDL) employees involved in work-related accidents will take post-accident alcohol and controlled substance tests. II. DEFINITIONS A. Accident: An event that produces injury and/or property damage, involves a motor vehicle in transport, and occurs on a traffic-way or while the vehicle is still in motion after running off the traffic-way. B. Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol including methyl and isopropyl alcohol. C. Alcohol Concentration: The concentration of alcohol in a person s breath as indicated by an evidential breath test (EBT).

2 SUBJECT: COMMERCIAL DRIVER'S LICENSE Page 2 of 12 D. Commercial Driver s License: A license issued by a state or other jurisdiction in accordance with the standards set forth in 49 C.F.R. Part 383. E. Commercial Motor Vehicle: A motor vehicle or combination of motor vehicles issued in commerce to transport passengers or property if the vehicle: 1. Has a gross combined weight of 26,001 or more pounds including a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or, 2. Has a gross vehicle weight of 26,001 or more pounds; or, 3. Is designed to transport 16 or more passengers including the driver; or, 4. Is used in the transportation of hazardous materials as defined by the Hazardous Materials Transportation Act. F. Controlled Substance: Any drug so designated by federal or state controlled substances acts and/or whose availability is restricted. Included in such classifications are narcotics, stimulants, depressants, hallucinogens, marijuana, and those drugs designated under Title 44, Chapter 53, Article 3 of the South Carolina Code. G. Driver: Any person in a position that requires a Commercial Driver s License and who operates a commercial motor vehicle, including full-time, regularly employed drivers; casual, intermittent, or occasional drivers; leased drivers and independent owner-operated contractors who operate a commercial motor vehicle with the consent of the University. For the purpose of reemployment testing, the term also includes a person applying to the University to drive a commercial motor vehicle. H. Incident: Incidents are cases where a State vehicle incurs damages as a result of some action (vandalism, acts of nature, etc.) Not fitting the definition of an Accident (See definition above). Incidents are not used in calculating accident frequency rates. I. Motor Vehicle: A vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways. J. Refuse to Submit: A driver fails to provide adequate breath for alcohol testing or fails to provide adequate urine for controlled substance testing, without a valid medical explanation. K. Return to Work Agreement: A binding document between the employee and the Medical University of South Carolina that outlines conditions of continued employment for a driver. L. Safety-Sensitive Function: An on duty function of a driver, such as: 1. The time that the driver is at the office, shop facility or any other property waiting to be dispatched, unless he or she has been relieved of duty by the employer; or,

3 SUBJECT: COMMERCIAL DRIVER'S LICENSE Page 3 of Time spent inspecting equipment, servicing or conditioning any commercial motor vehicle; or, 3. All driving time, or time spent at the driving controls of a commercial motor vehicle in operation; or, 4. All time, other than driving, in or on any commercial motor vehicle; or, 5. All time spent loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts or paperwork for shipments loaded or unloaded or work performed; or, 6. All time spent performing the driver s responsibility in an accident situation; or, 7. All time spent repairing, obtaining assistance or remaining in attendance upon a disabled commercial motor vehicle. This includes mechanics who repair commercial motor vehicles. M. Substance Abuse Professional: A licensed physician (Medical Doctor or Doctor of Osteopathy), a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders. III. PROHIBITIONS A. No driver shall report for duty within four hours after using alcohol or remain on duty while having an alcohol concentration of 0.02 or greater. B. No driver shall possess or use alcohol while on duty. C. No driver shall possess or use controlled substances while on duty unless under the instructions of a physician who has advised him/her that the substance does not adversely affect his/her ability to safely perform his/her duties. D. No driver shall report for duty or remain on duty when he/she uses any controlled substance, except when advised by a physician that the substance will not adversely affect his/her ability to safely perform his/her duties. E. No driver may remain on duty if he/she tests positive for controlled substances. F. No driver required to take a post-accident alcohol test shall use alcohol for eight (8) hours following the accident or until he/she undergoes a post-accident alcohol test, whichever occurs first.

4 SUBJECT: COMMERCIAL DRIVER'S LICENSE Page 4 of 12 IV. EMPLOYER NOTIFICATION OF CONTROLLED SUBSTANCE USE All personnel must inform the employer of any therapeutic drug use that could adversely affect their ability to safely perform their duties. Failure to notify the employer may result in disciplinary action under the established penalties for negligent or willful violation of policy. Since circumstances may vary, before any penalties are imposed under this part, the supervisor shall consult with the Department of Human Resources Management s Development and Performance Management Section. V. RIGHT OF REFUSAL Under 49 C.F.R. Section , any person who holds a Commercial Driver s License is deemed to have consented to post-accident, random, reasonable suspicion, return to work, and/or follow-up testing for controlled substances or alcohol. Any driver who refuses to submit to testing will be considered to have voluntarily resigned from employment with the Medical University. VI. EMPLOYEE HEALTH SERVICES NOTIFICATIONS A. The manager, following notification of accident shall send employee to an off-site drug screening company under contract with The Medical University of South Carolina, for CDL post-accident drug and/or alcohol testing. The results of this testing will be forwarded to University Risk Management who will notify the manager of the results. B. The manager will notify University Risk Management of any suspected CDL employee reasonable suspicion drug/alcohol testing which may be required. University Risk Management will notify the off-site drug screening company that an employee will be brought to the company for drug/alcohol testing. The results of this testing will be forwarded to University Risk Management who will notify the manager of the results. C. The company under contract with The Medical University of South Carolina is responsible for generating the quarterly random testing report and forwarding the report to University Risk Management. University Risk Management will notify the manager of the CDL employee if their name is generated. The results will be sent to University Risk Management who will notify the manager of the results. VII. NOTIFICATIONS BY THE MANAGER A. The manager shall notify the driver of the results of random, reasonable suspicion, and post-accident tests for controlled substances if the results are verified positive. The manager will advise the driver that he/she may request the second part of the urine which was collected as a split sample be tested for confirmation of the substances found in the initial test.

5 SUBJECT: COMMERCIAL DRIVER'S LICENSE Page 5 of 12 Any cost or expense for the split sample testing will be paid by the driver. The manager will advise the driver of the available laboratories and cost of testing. The manager will collect a certified check or money order from the driver made payable to the laboratory that the driver designates and will forward the check to University Risk Management along with a written request for split sample testing to be performed by that laboratory. If the sample tests negative, the driver will be reimbursed for the expense incurred in having the split sample tested. If the sample confirms positive results, the driver will not be reimbursed. B. The manager shall notify the driver which controlled substance or substances were verified positive. VIII. TESTING REQUIREMENTS A. Testing requirements are applicable to any person whose position requires him/her to obtain a Commercial Driver s License or who is subject to the Commercial Driver s License requirements of federal law. B. Failure by a driver to report for testing will result in immediate removal from the work area and may be construed as a voluntary resignation. C. Testing will be done in the following situations: 1. Employment Testing for Controlled Substances Only Prior to hiring or transferring a driver (this includes outside applicants and transfers from within the Department) into a position requiring the performance of safety-sensitive functions, the driver shall be tested for controlled substances. A positive test result will prohibit the applicant from being hired into a safety-sensitive position. A positive test result from an applicant who is also a current MUSC employee will result in appropriate disciplinary action as specified under the Department of Human Resources Management Policy 45, Disciplinary Action. 2. Post-Accident Testing for Alcohol and Controlled Substances a) Any driver who is involved in an accident while performing safetysensitive functions (see Definitions) will be tested. b) Any driver who receives a citation for a moving violation resulting from an accident shall immediately inform his supervisor about the accident or the citation. Failure to report an accident or citation that results in the driver not being tested in the appropriate time frame may be construed as a voluntary resignation under Section VIII (Testing Requirements). c) No driver who is required to take a post-accident test shall consume alcohol for eight (8) hours following the accident or until he/she undergoes such test, whichever comes first. Any driver who is subject to post-accident testing shall remain readily available and on call for a period of eight (8) hours for alcohol testing or for thirty-two

6 SUBJECT: COMMERCIAL DRIVER'S LICENSE Page 6 of 12 (32) hours for controlled substances testing, or until tested, whichever comes first. Any driver who is not readily available for testing will be deemed to have refused to submit to testing. This requirement does not in any way require the delay of necessary medical attention for injured people following an accident nor does it prohibit the driver from leaving the scene of an accident for the period of time necessary to obtain assistance and/or necessary emergency medical care. d) If a driver is required to take a post-accident test, the tests shall be administered within the first two (2) hours following the accident. If the alcohol test cannot be administered within the first two (2) hours following the accident, the supervisor must immediately explain in writing why the testing was not performed. If the alcohol test is not performed within eight (8) hours following the accident, attempts to test the employee for use of alcohol shall cease and the supervisor will immediately explain in writing why the testing was not performed. If the controlled substance test is not performed within thirty-two (32) hours following the accident, attempts to test the driver for use of controlled substances shall cease and the supervisor will immediately explain in writing why the testing was not performed. Explanations shall be sent to the University s Director of Risk Management. 3. Random Testing for Alcohol and Controlled Substances a) Alcohol testing will be performed at random so that at least twentyfive percent (25%) of the average number of driver positions are tested annually. b) Controlled substance testing will be performed at random so that at least fifty percent (50%) of the average number of driver positions are tested annually. c) Selection of drivers to be tested shall be based on a computerbased random number generator system, so that each driver shall have an equal chance of being tested each time selections are made. d) Random alcohol and controlled substance tests will be unannounced and will be spread reasonably throughout the calendar year. e) When a driver is notified of selection for random testing, he/she shall proceed to the test site immediately. f) Testing is to occur only when the employee is on duty. 4. Reasonable Cause for Alcohol and Controlled Substances

7 SUBJECT: COMMERCIAL DRIVER'S LICENSE Page 7 of 12 a) By federal regulation, a driver shall submit to alcohol and controlled substance testing when the employer has reasonable cause to believe that the driver has violated any of the provisions of Section III (Prohibitions) of this policy. b) Observations for alcohol and controlled substance testing for reasonable cause shall be made by a supervisor who has received training on the indicators of probable alcohol and controlled substance use. When observations of this nature are made, the supervisor will obtain the concurrence of another supervisor if it is feasible to do so. Observations shall be documented and reported to the department s Human Resources Management Employee/Employer Relations liaison within forty-eight (48) hours of testing. c) If a driver is tested for controlled substances or alcohol use due to reasonable cause, he/she shall be suspended pending the results of the test. The driver is to be escorted home, by a family member or Public Safety Officer, to avoid possible injury to him/herself and others. If the test is positive, the established penalties and procedures will be followed. If the test is negative, the driver shall return to his regular work without disciplinary penalty. The driver will receive all back pay to which he/she is entitled. 5. Return to Duty Testing for Alcohol and Controlled Substances Before a driver can return to duty after engaging in or admitting to behavior prohibited under any of the provisions of Section III, he/she shall undergo a return to duty test for alcohol and controlled substances. The results of alcohol testing must indicate an alcohol concentration of less than The results of controlled substance testing must provide a verified negative result. If the test is positive, established penalties and procedures will be followed. 6. Follow-up Testing for Alcohol and Controlled Substances a) If a driver violates any of the prohibitions listed in Section III, he/she shall be evaluated by a substance abuse professional. If the substance abuse professional determines that the driver is in need of assistance in resolving problems associated with alcohol and/or controlled substance use, the driver will be subject to unannounced follow-up alcohol and controlled substance testing as directed by a substance abuse professional, with no less than six (6) tests being given within the twelve (12) month period following a return to duty. b) Follow-up testing shall be conducted only when the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing safety-sensitive functions. D. Federal Department of Transportation Post-Accident Testing Requirements

8 SUBJECT: COMMERCIAL DRIVER'S LICENSE Page 8 of 12 Table for (a)(3) 1. As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each manager/supervisor shall test for alcohol and controlled substances the surviving driver if he/she: a) Was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or b) Receives a citation under State or local law for moving traffic violation arising from the accident, if the accident involved: (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. c) This table notes when a post-accident test is required to be conducted by paragraphs (a)(1) and (a)(2) of this section. Type Of Accident Involved Human fatality Bodily injury with immediate medical treatment away from the scene Disabling damage to any motor vehicle requiring tow away Citation Issued To The CMV Driver NO NO NO Test Must Be Performed By Employer NO NO IX. CONFIDENTIALITY OF RECORDS A. Records are confidential and will be maintained as specified by federal law and regulations. These records will not be released except as specified by law. B. Upon written request, the driver may obtain copies of any records pertaining to his/her use of alcohol and/or controlled substances, including records pertaining to his/her alcohol and controlled substance tests. C. Records will be made available to a subsequent employer upon receipt of a written request from the driver. Disclosure to the subsequent employer is permitted only as expressly authorized by the terms of the Driver s request.

9 SUBJECT: COMMERCIAL DRIVER'S LICENSE Page 9 of 12 X. RELEASE OF ALCOHOL AND CONTROLLED SUBSTANCE TEST INFORMATION FOR EMPLOYMENT A. With the Driver s consent, MUSC may obtain for the preceding two (2) years, the Driver s controlled substance and alcohol test results covered by federal laws from the Driver s previous employers. B. A driver may perform safety-sensitive functions for fourteen (14) calendar days prior to information being obtained from previous employers. After this period, no driver may perform safety-sensitive functions until the information has been obtained by the Medical University of South Carolina. If the information has not been obtained after thirty (30) additional calendar days, the driver will be terminated and cannot be considered for employment until the information is obtained. If the information is obtained within thirty (30) days of termination, the driver may be rehired without additional reemployment testing. C. No driver may perform safety-sensitive functions if the information obtained by the Medical University of South Carolina from previous employers indicates a Driver s alcohol test with a concentration higher than 0.04, a verified positive controlled substance test or a refusal by the driver to be tested, without obtaining the following information: 1. A subsequent substance abuse professional s evaluation and/or determination; and, 2. Records pertaining to the substance abuse professional s determination of the Driver s need for assistance; and, 3. Records concerning a driver s compliance with recommendations of the substance abuse professional; and, 4. Where appropriate, records of the Return to Duty testing with a result indicating an alcohol concentration of less than 0.02 and/or a verified negative result for controlled substance use. XI. CONSEQUENCES FOR DRIVERS ENGAGING IN PROHIBITED ALCOHOL OR SUBSTANCE ABUSE RELATED CONDUCT A. Voluntary Request for Assistance The Medical University of South Carolina uses a substance abuse professional when an employee needs assistance in the areas of evaluation, assessment, counseling, and referral for treatment in dealing with alcohol and controlled substance abuse problems. Employees who believe they may have a problem with the use of alcohol and/or controlled substances may contact their unit supervisor, their MUSC Human Resources Management departmental liaison or call the Employee Assistance Program. If an employee comes forward to seek help prior to any notification of testing and there has been no violation of the prohibitions in Section III no disciplinary action

10 SUBJECT: COMMERCIAL DRIVER'S LICENSE Page 10 of 12 will be taken. However, coming forward to seek help does not allow the employee to use or abuse alcohol or controlled substances and does not prevent disciplinary action from being taken if the employee continues use or abuse. If an employee comes forward to seek help prior to any notification of testing, the employee will be offered the opportunity to sign a Return to Work Agreement and comply with the provisions of the agreement. Should the employee decline to enter into an agreement, a refusal shall be accepted as the employee s voluntary resignation. The Medical University of South Carolina has a strong commitment to the health and well-being of its employees and strongly encourages employees who may have problems to seek assistance. B. Possession of Alcohol or Controlled Substances While On Duty Possession of alcohol and controlled substances in violation of Section III of this Policy will result in disciplinary action, up to and including termination. C. Identification of Use/Abuse Through the Testing Process If the results of any tests are positive, the employee will be subject to the consequence of his/her actions as set forth in this section. Reporting to work or performing safety-sensitive functions while under the influence of controlled substances (unless the use is under the instructions of a physician as described in Section III) or having an alcohol concentration of 0.02 or above will result in a suspension or termination. Refer to Human Resources Policies 45 and Suspended Drivers a) Drivers who are suspended will be required to sign a Return to Work Agreement. Should the driver decline to enter into an agreement with the Medical University, it will be accepted as the employee s voluntary resignation. The driver will be advised of available help resources, including the name and telephone numbers of substance abuse professionals. b) If the driver desires to continue employment, he/she will sign the Return to Work Agreement and be referred to an alcohol/substance abuse professional for evaluation. If the substance abuse professional determines that the driver needs assistance in resolving problems associated with alcohol misuse or controlled substance use before he/she can return to work, the driver may, use accrued sick and annual leave or leave without pay while receiving this assistance (at the conclusion of the suspension). Eligible employees may use leave under the Family and Medical Leave Act.

11 SUBJECT: COMMERCIAL DRIVER'S LICENSE Page 11 of Termination Non-probationary employees will be terminated according to Human Resources Policy 45, Disciplinary Action. Managers must inform employees in writing of their right to grieve the termination, as appropriate. Non-Probationary employees who believe their terminations were unwarranted have fourteen (14) days from the effective date of their dismissal to write the Director of Human Resources Management. 3. Any employee who is scheduled for random or reasonable suspicion testing, but requests assistance for a possible substance abuse or alcohol problem, must still be tested and referred to the Employee Assistance Program. Disciplinary action may be taken for any violation of this or any other University Policy. 4. After an infraction of this Policy and before returning to work performing safety-sensitive duties, the driver must be tested for alcohol and controlled substance usage. To return to work the test results must indicate less than a 0.02 concentration of alcohol and/or be negative for controlled substances. The driver will also need a statement from the substance abuse professional approving the employee s return to work. 5. A driver identified by a substance abuse professional as needing assistance with resolving alcohol and controlled substance related problems, will be subject to a minimum of six (6) follow-up tests in the first twelve (12) months following his/her return to duty. The driver may be required to undergo additional follow-up testing for both alcohol and controlled substances if a substance abuse professional determines that such testing is necessary for that particular driver. The substance abuse professional may direct the testing to continue for up to sixty (60) months after the Driver s return to duty. The substance abuse professional may direct that testing be discontinued any time after the first six (6) tests have been administered if the professional determines that testing is no longer necessary. 6. The Medical University of South Carolina is not responsible for any costs associated with the seeking of evaluation, treatment, counseling, or rehabilitation by the employee; nor is MUSC responsible for any losses incurred by the employee as a result of this testing program. 7. A second violation of any of the provisions set forth in Section III within a two (2) year period may result in immediate termination. 8. Notwithstanding any other provision of the disciplinary action outlined in Section XI of this policy, the Medical University of South Carolina may take disciplinary action up to and including termination if such action is deemed to be in the best interests of the University due to any other issue.

12 SUBJECT: COMMERCIAL DRIVER'S LICENSE Page 12 of 12 Approved By Information Contact Revised Lisa P. Montgomery, MHA Executive Vice President Finance and Operations Human Resources Management and University Risk Management December 2016