To establish policies and procedures for drug and alcohol testing in accordance with the Omnibus Transportation Employee Testing Act of 1991.
The Omnibus Transportation Employee Testing Act requires alcohol and drug testing of safety sensitive employees in various fields of transportation including employees of the Board of Regents who hold commercial driver's licenses. Rules mandating implementation of the controlled substance (drug) abuse and alcohol misuse prevention programs were published by the United States Department of Transportation (USDOT) in February 1994.
In accordance with the federal law, Georgia Tech will conduct pre-employment, random, reasonable suspicion, post accident, return to duty, and follow-up drug testing for employees in safety sensitive positions requiring a commercial driver's license.
Employee or applicant
Any individual who is employed or who has been offered employment in a safety sensitive position.
Safety sensitive position
Any position whose incumbent is required to undergo drug and alcohol testing by regulations of the United States Department of Transportation (49 CFR Part 382.103). In general, such positions shall be those where the duties require possession of a valid Commercial Driver's License or other positions subject to drug and alcohol testing as required by federal law or regulation.
Established drug test, drug testing or drug test
The collection and testing of urine administered in a manner equivalent to that required by the regulations of the United States Department of Transportation (49 CFR Part 40).
Illegal drug
Marijuana/cannabinoids (THC), cocaine, amphetamines/methamphetamine, opiates or phencyclidine (PCP). The term illegal drug shall not include any drug when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law.
Medical Review Officer
A properly licensed physician who reviews and interprets drug tests and evaluates those results together with medical history or any other relevant biomedical information to confirm positive results.
Alcohol testing or alcohol test
A breath test using an evidential breath testing device capable of printing results and approved by the National Highway Traffic Safety Administration and placed on their "Conforming Products List of Evidential Breath Measurement Devices". Such testing shall be performed only by a certified Breath Alcohol Technician.
Alcohol confirmation test
A second test following an alcohol test which indicated an alcohol concentration of 0.02 percent or greater.
Breath alcohol technician
An individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing device in accordance with the regulations of the United States Department of Transportation.
Alcohol
The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol including methyl and isopropyl alcohol.
Alcohol concentration or alcohol content
The alcohol in a volume of breath expressed in terms of grams of alcohol per two hundred and ten (210) liters of breath as indicated by an alcohol test.
Substance abuse professional
A licensed physician (Medical Doctor or Doctor of Osteopathy), or 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 substances related disorders.
Refuses testing or refused testing means:
- Expressly declining to submit to testing;
- Failure to appear for testing after proper notification;
- Failure to remain readily available for testing;
- Failure to provide adequate breath for alcohol testing without a valid medical explanation;
- Failure to provide adequate urine for drug testing without a valid medical explanation;
- Providing a urine sample determined by the testing laboratory and the Medical Review Officer to have been adulterated; or;
- Engaging in conduct that clearly obstructs the testing process.
All applicants for listed positions will be advised of Georgia Tech's commitment to a drug free workplace and that the position for which they are applying requires a pre-employment alcohol and drug test. In addition, applicants will be advised that if selected, they will be subject to random, reasonable suspicion, post accident, return to duty, and follow-up alcohol and drug testing.
Administration
Drug and alcohol testing shall be conducted in accordance with applicable federal law, regulations, and procedures. The Georgia Institute of Technology shall enter into such contracts as may be necessary to provide for testing and verification services. Such testing programs shall give due consideration to security of sample collection, chain of custody requirements, accuracy of testing and confidentiality of testing results.
Applicability
All safety sensitive employees and applicants shall be subject to drug and alcohol testing for evidence of use of illegal drugs and/or misuse of alcohol. Prior to being placed in a position subject to testing, an employee or applicant shall be notified of the requirement for such testing and of the consequences of a positive result or having refused testing.
Expense of Drug Testing
The expense of drug and alcohol testing shall be the responsibility of the employer; provided, however, if an employee or applicant request that a split sample be submitted for separate analysis, the cost of such analysis shall be the responsibility of the employee or applicant.
Types of Testing:
Pre-employment Applicants for safety sensitive positions and employees who have not previously performed safety sensitive duties shall be required to successfully complete drug and alcohol testing prior to performing safety sensitive duties.
An employee selected for drug and alcohol testing shall be considered as being on duty for all time necessary to undergo the testing process including such time, if any, as may be required for transportation to and from the same collection facility. An applicant shall not be considered as being on duty for any time necessary to undergo drug and alcohol testing.
Random All affected employees shall be subject to random drug and alcohol testing. The numbers of employees to be tested and the scheduling of employee selection shall be determined by the Office of Human Resources in accordance with applicable law and regulations.
Post-Accident All affected employees shall be subject to post-accident drug and alcohol testing.
Return-to-Duty Any affected employee who has been subject to alcohol testing and whose test result indicates that the employee has misused alcohol, shall undergo a return-to-duty test. Such test must indicate an alcohol concentration of less than 0.02 percent before the employee can be returned to safety sensitive duties.
Follow-Up Following a determination by a Substance Abuse Professional that an employee is in need of assistance in resolving problems associated with alcohol misuse, the appointing authority shall ensure that the employee is subject to unannounced follow-up alcohol testing. Follow-up testing shall be conducted only when the employee is scheduled to perform safety sensitive functions. Testing shall be conducted at least six (6) times in the first twelve (12) months following return to safety sensitive duty and may, upon the recommendation of the Substance Abuse Professional, be continued for up to sixty (60) months.
Reasonable Suspicion Any affected employee may be required to submit to drug and/or alcohol testing when their supervisor has reasonable suspicion to believe that the employee has used illegal drugs or has misused alcohol. The determination of reasonable suspicion shall be made by a supervisor or other official who is trained to make such determinations. Such training shall consist of one (1) hour of illegal drug training and one (1) hour of alcohol training which covers physical, behavioral, speech and performance indicators of probable illegal drug use or alcohol misuse. A written record, signed by the observing official, shall be made to document the observations. Alcohol testing may be conducted only when the employee is scheduled to perform safety sensitive duties.
Disciplinary Action
If an employee refuses testing or documentation from the Medical Review Officer indicates that an employee has used an illegal drug, the supervisor shall dismiss the employee. The notice of dismissal shall include the name, address and telephone number of at least one (1) Substance Abuse Professional or counseling and treatment program.
If an applicant refuses testing or documentation from the Medical Review Officer indicates that an applicant has used an illegal drug, the applicant shall not be permitted to report for duty and the offer of employment shall be withdrawn.
Alcohol Testing
If an employee refuses testing, the employee shall be dismissed.
If the results of an employee's alcohol confirmation test indicate an alcohol concentration of 0.02 percent or greater, the employee shall be immediately removed from safety sensitive duties. Any disciplinary or adverse action deemed appropriate by the supervisor may be imposed.
Random Testing
Random Sample Once each month, the Office of Human Resources shall select, at random, a sample of positions in the subject pool.
Notice of Selection The Office of Human Resources shall notify each employee, if any, that have been selected from the subject pool. The notice shall contain the effective date to be utilized for determining the commencement of testing.
Time Limits
Employees selected for random drug testing shall be notified of the selection by the supervisor. The supervisor shall specify a date and time by which each employee must report for testing. Such date and time shall be as soon as possible, but not later than two (2) business days following the date the employee is notified to report.
Employees selected for random alcohol testing shall be notified by the supervisor. The supervisor shall specify a date, time, and location to report for testing. The date and time must be during a workday on which the employee is scheduled to perform safety sensitive duties. The employee shall not be notified more than four (4) hours prior to the time of testing. In no case shall such testing be performed more than two (2) hours before or two (2) hours after the performance of the safety sensitive duties.
Employees on Leave
If an employee selected for drug or alcohol testing was on any form of paid or unpaid leave as of the date specified in the Notice of Selection and the incumbent returns to duty within thirty (30) calendar days of the effective date, the supervisor shall specify when the employee shall report for testing.
Post Accident Testing
Any employee performing safety sensitive duties who is involved in an on-the-job vehicular accident shall be required to undergo drug and alcohol testing as soon as possible following the accident. Such testing shall only be conducted if the employee is cited under state or local law with a moving violation or the accident involved the loss of human life.
If the accident involved the loss of human life, any employee present in the vehicle at the time of the accident shall be required to undergo drug and alcohol testing.
Under no circumstances shall an employee who may be subject to post-accident testing consume alcohol between the time of the accident and the administration of an alcohol test or until efforts to administer such test have been discontinued.
A drug test shall be administered as soon as possible following an accident, but not later than thirty-two (32) hours following an accident.
In any instance in which an employee is not tested within specified time limits, the supervisor shall prepare and maintain on file a record of the reasons the test was not promptly administered.
Alcohol Testing Results
Any employee whose test indicated an alcohol concentration of 0.02 percent or greater shall be given an alcohol confirmation test not less than fifteen (15) minutes nor more than twenty (20) minutes after the original test.
Any employee whose alcohol confirmation test indicated an alcohol concentration of 0.02 percent or greater shall be immediately removed from safety sensitive duties for a period of not less than twenty-four (24) hours.
Any employee whose alcohol confirmation test indicated an alcohol concentration of 0.04 percent or greater shall not be returned to safety sensitive duties until the employee has been evaluated by a Substance Abuse Professional and is able to provide documentation that the Substance Abuse Professional has certified that the employee is fit to return to duty.
Any employee whose alcohol confirmation test indicated an alcohol concentration of 0.02 percent or greater shall not be returned to safety sensitive duties until a subsequent test indicates an alcohol concentration of less than 0.02 percent.
Unsuitable Sample
If the testing laboratory and the Medical Review Officer determine that a urine sample is unsuitable for testing without legitimate medical explanation, the employee shall be directed to appear for retesting. Such retesting shall be conducted as an observed sample.
Rejected Sample
An employee whose sample is rejected by the testing laboratory or cancelled by the Medical Review Officer shall be directed to appear for retesting.
Insufficient Sample
If an employee, while at a collection facility, is unable to produce at least forty-five (45) milliliters of urine after following the procedures of the collection facility, the employee shall be directed to appear the next business day for retesting.
Positive Results From Testing
Any employee whose drug testing results indicate the use of illegal drugs shall be dismissed.
Confidentiality of Results
Results of drug testing shall be accessible only as is necessary to comply with state and federal laws.
Medical Review Officer - Drug Testing
Laboratory Reports
The testing laboratory shall forward the results of all drug testing to the Medical Review Officer who shall assure the security of such results.
Negative Results
The Medical Review Officer shall forward negative results of drug testing to the Office of Human Resources as soon as practical.
Positive Results
Laboratory reports indicating the presence of an illegal drug(s) shall be retained by the Medical Review Officer for five (5) years. Such information shall be confidential and shall only be available to the Medical Review Officer or designee and the affected employee. Positive laboratory reports shall be reviewed by the Medical Review Officer who shall make determination of legal or illegal usage.
Employee Contact Procedure
The Medical Review Officer or designee shall, upon receipt of a laboratory report indicating the presence of an illegal drug, attempt to contact the employee at the daytime or home phone number indicated on the drug testing form and shall attempt to establish a time at which a private discussion may be conducted regarding the results of the random drug testing.
If the employee expressly refuses to discuss with the Medical Review Officer the results of the random drug testing, declines the opportunity to provide an explanation of the results, or admits to the usage of an illegal drug(s), the Medical Review Officer, without further action or review, shall report to the Office of Human Resources that the results of the random drug testing indicate that the employee has used an illegal drug(s).
If the Medical Review Officer is, within two (2) business days of the initial attempt, unable to directly contact the employee, the Medical Review Officer or designee shall contact the Office of Human Resources, who shall contact the employee. The supervisor shall inform the employee that the employee must contact the Medical Review Officer by the end of the next business day, or the employee shall be considered to have refused to contact the Medical Review Officer and, to have used an illegal drug.
Reporting Determination of Illegal Drug Usage
If after appropriate review, the Medical Review Officer determines that the results of a random drug testing indicate that an employee has used an illegal drug, the Medical Review Officer shall, in writing, notify the Office of Human Resources. Such notification shall include the specific drug(s) the employee has been deemed to have illegally used.
Disqualification from Employment
Period of Disqualification
Applicant Any applicant who refuses drug or alcohol testing or whose testing results indicate the use of illegal drugs or the misuse of alcohol shall be disqualified from employment for a minimum of two years from the date of testing.
Employee Any employee whose employment is terminated due to refusing drug or alcohol testing or whose testing results indicate the use of illegal drugs, shall be disqualified from employment for a minimum of two years from the date of termination.
Positive Alcohol Or Drug Test Result
Employees who violate the alcohol misuse rules will be removed from safety sensitive duty, and be referred to a substance abuse professional for evaluation. Before being returned to a safety sensitive position, the employee must:
- be evaluated by a substance abuse professional;
- comply with any recommended treatment;
- have a negative result on a return-to-duty alcohol test;
- subject his/herself to unannounced follow up tests.
As with an alcohol misuse violation, an employee who has a positive test result will be removed from duty and be referred to a substance abuse professional for evaluation. The result is not considered positive until the Medical Review Officer has interviewed the employee and determined that the positive drug test resulted from the unauthorized use of a controlled substance. Before being returned to a safety sensitive position, an employee must:
- be evaluated by a substance abuse professional;
- comply with any recommended treatment;
- have a negative result on a return-to-duty alcohol test;
- subject his/herself to unannounced follow-up-drug tests.
The Institute will provide information on contacting substance abuse professionals, counseling and treatment programs. All employees who test positive for alcohol or drug misuse will be encouraged to fully participate in case management and treatment follow-up services available through the Faculty and Staff Assistance Program. Participation is a voluntary adjunct to, not a replacement of rehabilitation. The employee assistance counselor may act as the substance abuse professional, or the counselor may refer the employee to a substance abuse professional appropriate to the employee's insurance plan.