PURPOSE OF PROCEDURE

The College recognizes that the use of drugs and alcohol in its workplace creates health, safety, security, and production problems for its Employees, customers, Visitors, and businesses.

In addition, because the College employs Employees who are required, by state or federal law, to possess commercial driver’s licenses because of their job duties, the College is subject to state and federal laws, including rules promulgated by the federal Department of Transportation (“DOT”), which, among other things, requires the College to:

• Maintain a written substance abuse policy for its Employees who must possess a commercial driver’s license.

• Perform drug and alcohol testing on its Employees with commercial driver’s licenses as state and federal laws require.

• Maintain safeguards to protect Employees from, among other things, erroneous test results.

• Impose mandatory corrective action against Employees who violate the policy.

This Alcohol and Drug Testing Policy (the “Policy”) is designed to:

1. Provide Employees with a safe, healthy, productive, and drug-free workplace.

2. Protect our college and its customers from losses from or associated with alcohol and controlled substances.

3. Provide an effective tool for the deterrence of substance abuse.

4. Provide an effective tool for the detection of violators.

5. Ensure efficient operations.

6. Maintain a favorable college image.

7. Satisfy the state and federal (including the DOT) rules covering Employees with commercial driver’s licenses.

The policy does not alter the at-will employment relationship between the College and its Employees. It is not meant to create a contract or expectation of future employment between the College and its Employees and is merely one condition of continued employment. The terms of the policy may change in the future at the College’s discretion or to comply with changes in federal or state law.

The College has discretion to impose corrective action against violators of this Policy in addition to that imposed by the DOT. Employees are advised to contact their Designated Employer Representatives (as defined below) with any questions concerning the policy.

Compliance with this Policy is not optional. Failure to comply with any of its provisions may subject an Employee to discipline up to and including termination. The Policy replaces and supersedes all prior alcohol or substance abuse policies.

This Policy summarizes applicable federal law. If anything in this Policy is inconsistent with federal law, federal law shall supersede and supplement this Policy. Employees are encouraged to review Title 49 of the Code of Federal Regulations, Parts 40, 382, and 391, for further details on alcohol and drug testing procedures and requirements.

SCOPE OF POLICY

This Policy applies to Employees and certain independent contractors (referred to as the "drivers" from now on) who must possess a Commercial Driver's License. (“CDL”). CDLs are generally required for all drivers operating a “Commercial Motor Vehicle,” which includes any vehicle which:

• Has a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight rating of over 10,000 pounds.

• Has a gross vehicle weight rating of 26,001 or more pounds.

Several provisions of this Policy govern a driver’s conduct concerning their performance of "Safety Sensitive Functions."  A "Safety Sensitive Function" is all time from the time a driver begins to work or is required to be in readiness to work until the time they are relieved from work and all responsibility for performing work, including:

• All time inspecting equipment or otherwise inspecting, servicing, or conditioning any commercial motor vehicle.

• All time spent at the driving controls of a commercial motor vehicle in operation.

• All time loading or unloading a commercial motor vehicle, supervising, assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, or remaining ready to operate the commercial motor vehicle.

• All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle.

• All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the testing required by part 382 when directed by school officials.

GENERAL PROHIBITIONS

All drivers are subject to the following prohibitions:

• Alcohol: Drivers are prohibited from the following actions relating to alcohol use:

  • From using alcohol within four (4) hours of performing a safety-sensitive function.

  • From performing a safety-sensitive function with an alcohol concentration of 0.02 or greater or within 24 hours of being tested with an alcohol concentration of at least 0.02 but less than 0.04.

  • From operating a commercial motor vehicle while in possession of alcohol (unless it is manifested cargo).

  • From using alcohol for eight (8) hours following an accident unless the driver undergoes a post-accident test and tests negative. There is zero tolerance for those drivers under the age of 21.

• Drugs/Controlled Substances: All drivers are prohibited from the unlawful manufacture, distribution, possession, or use of controlled substances during working hours, in any college-owned or leased vehicle, or any College Premises or workplace. For purposes of this Policy, the terms "drugs" or "controlled substances" include any illegal or illicit drugs, including the following:  marijuana, cocaine, opiates, phencyclidine, or amphetamines.

Drivers are also prohibited from any other drug use that could affect the performance of a safety-sensitive function. The only exception is by doctor's prescription, and only if the doctor has advised the driver that the drug will not adversely affect the driver's ability to operate a commercial motor vehicle safely. Suppose a driver has been prescribed a drug, which they have been advised will adversely affect their ability to operate a commercial motor vehicle safely. In that case, they shall immediately report that to their employer. Employees cannot drive until they are no longer on medication or the doctor releases them, indicating they are okay to drive. Individuals who are unable to drive will be granted leave without pay.

• Compliance with Testing Requirements: All drivers must comply with all testing requirements, as described below. “Compliance” is not satisfied if the Employee refuses, interferes with, or alters a test in any manner.

TESTING REQUIREMENTS

• Pre-Employment Testing: All applicants for driver positions must submit to pre-employment testing for drugs, and the results must be obtained before the applicant is hired. Pre-employment drug testing will be at the expense of the College.

  • • Positive Pre-Employment Test (or Refusal to Take Pre-Employment Test)

During the interview, the applicant will also be asked if they have ever tested positive at a pre-employment test or refused to take one for any employer for which they applied but did not receive employment within the prior two (2) years. The applicant must answer the questions honestly. If there is a positive or refusal to test, the applicant will no longer be considered for the position.

• Reasonable Suspicion Testing: Drivers are also required to submit to a drug and alcohol test whenever the College has reasonable suspicion to believe that a driver is under the influence of or using alcohol (before, during, or just after performing a safety-sensitive function), or controlled substances anytime while at work.

College supervisors have been trained to make observations concerning potential alcohol and or drug use, including, but not limited to, factors such as the driver's appearance, behavior, speech, and body odors. During the observation, the supervisor will document the factors constituting reasonable suspicion.

A college representative will escort the Employee under suspicion to the collection site for specimen collection. Upon completion of the collection process, arrangements will

be made for a spouse, family member, or friend to escort the Employee home. If none are available, the College will arrange for a taxi to transport the Employee to their home at the Employee's expense or make other arrangements as deemed appropriate.

Alcohol and drug tests based on reasonable suspicion will be conducted as soon as possible following the observations. If the alcohol test is not administered within two (2)

hours, the College will be required to verify why it was not administered. The alcohol test may not be taken after eight (8) hours following the observed behavior, and the College will be required to verify its reasons for failing to conduct the test within eight (8) hours.

No driver shall be allowed to perform safety-sensitive duties until after the alcohol or the College receives drug test results.

• Random Testing: All drivers will be subject to random testing for both drugs and alcohol. The number of random tests will be based on the total number of drivers. The federal government sets the percentage of drivers required to be tested. Currently, at least 50% of the College's drivers (or the drivers of any consortium of which the College is a member) must be tested for drugs. At least 10% of its drivers (or the drivers of any consortium of which the College is a member) must be tested for alcohol annually (Because the College currently is part of a consortium, the actual percentages of its tested drivers may vary).

Random testing for alcohol must be completed just before, during, or immediately after performing safety-sensitive functions. A driver selected for a random test must proceed to the collection site immediately.

The random tests will not be announced in advance and will be conducted at randomly selected intervals throughout the calendar year. Every driver will have an equal chance of being selected for a test each time a selection is performed.

• Post-Accident Testing: Drivers must also submit to post-accident testing for drugs and alcohol in the following instances:

  • When the driver is involved in an accident involving the loss of human life, regardless of who was at fault or

  • When the driver is involved in an accident in which they are issued a citation for a moving traffic violation, the accident involves injuring any person or disabling damage to any vehicle.

If the driver is involved in an accident in which testing is required, the driver is prohibited from consuming any alcohol until they have been tested. The driver must remain at the site and be available to the College for testing (unless emergency medical treatment is required).

All efforts will be made to test for alcohol within two (2) hours after the accident. If that cannot be accomplished, the reasons for the failure must be documented, and further attempts must be made for the next six (6) hours. If testing cannot be completed within eight (8) hours, the reason for the failure must be documented. A drug test must also be conducted within 32 hours of the accident, or the College must document the reasons for the failure. However, drivers must proceed immediately to a collection site for both tests. Post-accident testing will be at the College's expense.

• Return to Duty Testing: If an Employee who has refused a test or who has tested positive is not terminated and is allowed to complete the applicable treatment program described below, before they may return to work, they must be evaluated by a Substance Abuse Professional, participate in any required substance abuse assistance program, and be tested for drugs and alcohol. All results must be negative. Any expenses incurred as a result are the Employee’s responsibility. 

• Follow-Up Testing: Any driver who is allowed to return to work following a positive test or a refusal and has satisfactorily passed the return-to-duty testing and has completed the required substance abuse assistance programs will be subject to additional follow-up tests over and above the general random tests applied by the College. The Employee will be subject to a minimum of six (6) tests during the first 12 months following the return and further testing for up to five (5) years. The College will establish the testing dates, times, and conditions with any written follow-up testing programs and input from the Substance Abuse Professional.

CONDUCT CONSTITUTING A “REFUSAL”

Any driver conduct that constitutes a “refusal” to participate in a required drug or alcohol test is considered a positive test result. The following summarizes some of the conduct which can constitute a “refusal:

• General Refusals – The following are general examples of conduct that will be considered a “refusal”:

  • Failure to proceed immediately to the collection site and submit to testing for a required test.

  • Failure to remain at the test site until completion of the testing process.

  • Failure to provide a urine, saliva, or breath specimen as required under this Policy.

  • Failure to permit a “monitored” or “observed” collection when required under this Policy.

  • Failure to provide a sufficient urine or breath specimen without a valid medical reason.

  • Failure to submit to a medical examination to verify a valid medical reason for an inability to provide a sufficient specimen.

  • Failure to submit to a second test as directed by the College or a collector.

  • Failure to complete any required forms, including, but not limited to, certification forms, authorization and consent forms, or other forms.

  • Failure to otherwise cooperate with any part of the testing process.

• Invalid Urine Tests: Federal law requires procedures to be followed (called “Validity Testing”) to ensure that no urine sample is subject to “tampering” or other conduct that might lead to an inaccurate test result. The following situations could lead to urine test results being classified as a “refusal”:

  • Diluted Specimens – A urine sample that exhibits unexpectedly low amounts of creatinine and specific gravity value for human urine will be a “diluted specimen.” A diluted specimen that tests positive is treated as a positive test. If a diluted

  • specimen tests negative, the Employee may be required to submit immediately to a second test. The failure to submit to a second test may be considered a “refusal.”

• Substituted Specimen: A urine specimen exhibiting such low levels of creatinine and specific gravity value deemed inconsistent with human urine will be a “substituted specimen.” A substituted specimen is treated as a “refusal.”

• Adulterated Specimen: A urine specimen that contains substances not expected in human urine or a specimen containing expected substances but in unexpectedly high concentrations will be an “adulterated specimen.” An adulterated specimen is treated as a “refusal.”

• Invalid Specimen: A urine specimen with an unexplained interfering substance will be invalid. An Employee must provide a legitimate medical explanation for the result. If none exists and the Employee denies tampering, they must immediately submit to a second test under “direct observation” procedures. If the Employee admits to adulterating or substituting the specimen, it is treated as a “refusal.” The test will be disregarded if the invalid test results are from circumstances unrelated to Employee conduct (such as spilled specimens, damaged specimens, or specimens improperly collected). Still, the Employee must immediately submit a new specimen, but not under direct observation procedures.

• Insufficient Urine Specimen: An Employee who cannot provide a sufficient urine specimen will be urged to drink up to 40 ounces of fluid over three hours to provide an adequate urine sample. Suppose no sufficient sample can be obtained within three hours of arriving at the test site. In that case, the College is notified, and the Employee will be required to be examined by a licensed physician within five working days to determine whether there is a valid medical reason for the inability to provide a sufficient specimen. If no reason is verified, the test is treated as a “refusal” (If there is a legitimate medical reason, the test is canceled). 

• Insufficient Alcohol Breathalyzer Test: An Employee who cannot provide a sufficient breathalyzer specimen after three (3) attempts must be examined by a licensed physician within five (5) working days to determine whether there is a valid medical explanation for the failure. If the failure is not based on legitimate medical reasons, the test is treated as a “refusal” (If there is a legitimate medical reason, the test is canceled).

CONSEQUENCES OF VIOLATIONS OF THIS POLICY

Drivers who violate this Policy are subject to many overlapping adverse consequences, some imposed by federal law and others imposed by the College. The College reserves the right to impose other corrective action, in addition to the consequences imposed by federal law, for any violations of this Policy, up to and including termination of the Employee.

• Refusals or Interference with Testing: A refusal or interference with testing violates this Policy and must be considered a positive test result under federal law. The consequences of positive test results are listed below.

• Positive Drug/Alcohol Tests-Return to Duty: Employee’s first violation with an alcohol concentration of less than .04:

  • Employee will be removed from safety-sensitive functions until alcohol concentration is less than 0.02.  Safety-sensitive functions will not be resumed for at least 24 hours after a violation occurs.

  • Employee’s first violation with an alcohol concentration of .04 or greater or testing positive for drugs.

The Employee will be removed from safety-sensitive functions until alcohol concentration is less than 0.02 or a negative drug test Is produced (whichever applies), the Employee is evaluated by a Substance Abuse Professional (SAP), and the recommended therapy is completed (this can include follow-up tests). Additionally, the Employee must meet with the Executive Director/Chief Human Resources Officer and verify compliance with Federal regulations and college disciplinary processes. Any expenses incurred as a result are the Employee's responsibility.

The College reserves the right to initiate disciplinary action, including termination. There is zero tolerance for drivers under 21.

Employee's second violation (regardless of previous alcohol concentrations):

• • The Employee will be removed from safety-sensitive functions until alcohol concentration is less than 0.02 or a negative drug test is produced (whichever applies), a Substance Abuse Professional evaluates the Employee, and the recommended therapy is completed (this can include follow-up tests).  If the SAP determines that medical treatment for alcohol/substance abuse is indicated, the College will support Employees who seek treatment. Additionally, before returning to safety-sensitive functions, Employees are required to meet with Human Resources and provide verification of completion of therapy recommended by the SAP and compliance with Federal regulations and college disciplinary processes. Employees will be required to submit to alcohol and controlled substances testing on an unannounced basis for one year after completing treatment. Additional testing may be extended for up to 60 months following return to duty. Any expenses incurred as a result are the Employee's responsibility.

The College reserves the right to initiate disciplinary action, including termination. There is zero tolerance for drivers under 21.

IDENTITY OF PERSONS RESPONSIBLE FOR ADMINISTERING THIS POLICY

Several individuals and professionals employed by or retained by the College to administer this Policy will have contact with drivers regarding the above procedures.

• College Representatives: The executive director/chief human resources officer is the primary college representative (known as the “Designated Employer Representative”) responsible for administering this Policy and answering questions concerning it.

• Medical Review Officers: The College has retained qualified, licensed physicians to serve as “Medical Review Officers” (“MRO”) under this Policy.

The Medical Review Officers perform critical responsibilities under this Policy, including the following:

• Medical Review Officers receive the test results from the laboratories that test the urine samples and then review and interpret the test results.

• In the case of a positive test result, the Medical Review Officer attempts to personally contact the driver before the College is informed of the positive test result.

• If the Medical Review Officer can contact the driver, the positive test result will be discussed with the driver, and information may be shared and analyzed to provide possible explanations for the positive test result.

• The Medical Review Officers ultimately notify the College of any verified positive test results.

• The Medical Review Officers also provide general medical guidance to the College and, in some cases, to the drivers for administrating this Policy.

• Substance Abuse Professionals: The College works with National Insurance Services to provide an Employee Assistance Program (EAP) to all Employees. Individuals who have a positive test will be referred to EAP for Substance Abuse Counseling.

EAP services are available in two (2) ways:

1. Toll-Free Number:  866.451-5465

2. Online:  niseap.com, the password is NISenhanced

Drivers who test positive (or are considered to have tested “positive” because of a “refusal”) will be referred to a Substance Abuse Professional who is appropriately qualified under DOT rules. Drivers will be required, before being reassigned to a safety-sensitive function (for this or any other college), to comply with all the following procedures:

• • Submit to an initial face-to-face assessment and evaluation by the Substance Abuse Professional.

  • The Substance Abuse Professional will refer the driver to an appropriate education and treatment program based on the initial assessment and evaluation (This could include, but is not limited to, educational programs such as self-help groups (for example, Alcoholics Anonymous), community lectures, drug and alcohol educational courses, outpatient counseling programs, aftercare programs, partial inpatient treatment programs or inpatient hospitalization). 

  • The driver must complete the education or treatment program the Substance Abuse Professional assigns.

  • The driver must submit to a follow-up face-to-face reevaluation with the Substance Abuse Professional after completing the education or treatment program assigned to them.

  • The driver must comply with follow-up drug or alcohol testing and possible continuing education or treatment, as directed by the College (with input from the Substance Abuse Professional).

The College is not required to pay for any services the Substance Abuse Professionals provide under this Policy; the Employee will pay for any associated costs.

• Breath Alcohol/Urine Collection Site Locations: The designated employer representative will select testing sites on an annual basis. Employees may be sent to a designated location identified under this Policy for testing.

PROCEDURES AND SAFEGUARDS USED IN CONDUCTING DRUG AND ALCOHOL TESTING

The College has adopted numerous procedures to safeguard the accuracy of testing procedures and protect Employees from inaccurate results and inadvertent consequences.

These safeguards include the College’s retention of qualified, trained personnel to conduct the drug and alcohol testing, retention of trained, competent, and federally certified laboratories to perform the analysis of urine samples, the retention of qualified and trained physicians to serve as Medical Review Officers, the internal training of the College’s supervisors and other personnel charged with administering this Policy, and other measures.

These safeguards include the College’s retention of qualified, trained personnel to conduct the drug and alcohol testing, retention of trained, competent, and federally certified laboratories to perform the analysis of urine samples, the retention of qualified and trained physicians to serve as Medical Review Officers, the internal training of the College’s supervisors and other personnel charged with administering this Policy, and other measures.

Under this policy, the college complies with the federally regulated procedures for collecting and testing breath and urine samples.

One (1) important feature of the safeguards is the Employee’s right to test the split sample of the urine specimen at a second laboratory at the Employee's cost.

ADVERSE MEDICAL CONSEQUENCES OF DRUG AND ALCOHOL USE

The federal government also requires the College to provide information to drivers about the adverse consequences of drug and alcohol use. Further information may be obtained from the substance abuse professionals listed above.

ACKNOWLEDGEMENT

All Employees whom this Policy impacts must sign the Acknowledgment page.

A drug test must also be conducted within 32 hours of the accident, or the College must document the reasons for the failure. However, drivers must proceed immediately to a collection site for both.