2290-2

Alcohol and Controlled Substance Testing for Commercial Driver’s License Holders

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POLICY

It is the policy of the Georgia Department of Transportation (GDOT) to attempt to ensure the safety of employees and the traveling public by reducing the potential for motor vehicle accidents due to the abuse of controlled substances and the misuse of alcohol by employees who are required to possess a commercial driver's license. The Department intends to accomplish this goal by fully complying with the Omnibus Transportation Employee Testing Act of 1991 and Federal Regulations. Accordingly, all employees of the Georgia Department of Transportation who are required to perform safety-sensitive duties are subject to testing for the use of controlled substances and the misuse of alcohol as described in this policy.

APPLICABILITY

Federal law requires alcohol/drug testing of applicants and employees who are required to possess a commercial driver’s license (CDL) and/or carry out safety-sensitive functions.

Persons who are required to hold a commercial driver's license are those:

1. Who operate a vehicle over 26,000 pounds Gross Vehicle Weight Rating (GVWR);
2. Who operate a vehicle that has a GVWR of more than 26,000 pounds, including a towed unit with a GVWR of more than 10,000 pounds;
3. Who operate a vehicle intended to carry 16 or more people including the driver; and/or
4. Who drive a vehicle that carries hazardous materials in quantities requiring that a Hazmat placard be posted on it.

The performance of safety-sensitive functions includes:

1. All the time spent at a facility or job site waiting to be dispatched, unless the driver has been relieved of duty;
2. All the time spent inspecting GDOT equipment, or otherwise inspecting, servicing or conditioning any GDOT commercial vehicle at any time;
3. All the time spent at the driving controls of a GDOT commercial vehicle;
4. All the time, other than driving, spent on or in a GDOT commercial vehicle;
5. All the time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
6. All the time spent performing the driver requirements associated with an accident; and
7. All the time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

TYPES OF TESTING

CDL alcohol and/or drug testing is conducted under the following circumstances:

1. Pre-employment Testing: All applicants selected for jobs requiring a commercial driver's license, as well as all current employees transferring into jobs requiring a commercial driver's license, will be subject to pre-employment testing for the use of controlled substances. The substances to be tested for include amphetamines, cocaine, marijuana, opiates and phencyclidine (PCP). Employees whose job duties are changed to those for which a commercial driver's license is required will also be subject to pre-employment testing beginning at the time of the duty change.

   Pre-employment testing is conducted after an applicant or employee is selected for a job requiring a commercial driver's license but prior to the actual hire date. If pre-hire testing of the selectee is not possible, the test must be accomplished prior to the applicant performing any safety-sensitive function in the job.

2. Pre-Driving: If an employee’s pre-employment drug test is conducted more than 30 days prior to obtaining a CDL Learner’s permit, the employee must be tested again for controlled substances before beginning any safety-sensitive functions as a student driver.

3. Random Testing: All GDOT employees whose job duties require the possession of a commercial driver's license are subject to testing for alcohol and controlled substances on a random, unannounced basis throughout the year. Each affected employee who is notified he/she has been selected for random drug testing is required to:
   1. Cease performing any safety-sensitive functions,
   2. Obtain a testing chain of custody form from the local Personnel Office, and
   3. Proceed immediately to an approved collection site.

4. Post-Accident Testing: Any employee who is involved in an automobile accident while performing safety-sensitive duties shall be tested for controlled substances and alcohol when the following conditions are met:
   1. The accident involved the loss of human life; or
   2. The employee received a citation under State or local law for a moving violation arising from the accident and any individual received bodily injury requiring their transport from the accident scene for medical treatment; or
   3. The employee received a citation under State or local law for a moving violation arising from the accident and a motor vehicle incurred disabling damage requiring that it be towed away from the scene of the accident.

      The controlled substance test must, whenever possible, be conducted within eight (8) hours following the accident. If, despite all efforts, a test is not completed within 32 hours following the accident, all attempts to have a controlled substance test must cease. A record stating the reason(s) the test was not properly administered shall be kept on file in the Drug and Alcohol Testing Annual File located in the Office of Personnel.

      The alcohol test must, whenever possible, be conducted within two (2) hours following the accident. If, despite all efforts, a test is not completed within eight (8) hours following the accident, all attempts to have an alcohol test must cease. A record stating the reasons the test was not properly administered shall be kept on file in the Drug and Alcohol Testing Annual File located in the General Office.

      A driver who is subject to post-accident testing must remain readily available for such testing or may be deemed to have refused to submit to testing.

5. Reasonable Suspicion Testing: Alcohol/drug testing shall be required when a supervisor trained in accordance with GDOT Personnel Policy 2290-2 has determined that reasonable suspicion exists. The determination that reasonable suspicion exists must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee.

   After the employee has been told that he/she is required to submit to an alcohol/drug test because his/her actions and behavior indicate possible alcohol/drug use, the employee must be transported immediately to a collection site for an alcohol and/or controlled substance test.

   Because the employee has demonstrated that he/she may be using drugs or under the influence of alcohol, the employee should not be directed to drive his/her car or any vehicle to the collection site. The employee should be accompanied to the testing site by security personnel, the supervisor who made the reasonable cause determination, or another designated employer representative. Collection sites should be notified of the reasonable suspicion test as soon as possible so that they can be prepared to take the specimen promptly without undue waiting time. Arrangements should be made for transporting the employee home or back to the office following the test.

   The employee must be temporarily suspended with pay pending the result of a reasonable suspicion controlled substances test. If the test result is reported negative, the employee will be returned to work. If the test result is reported positive, the employee must be immediately dismissed from employment and will be disqualified from employment with GDOT for a period of two (2) years from the date of the test.

   GDOT requires an employee to be temporarily suspended pending the result of a reasonable suspicion alcohol test and until the blood alcohol concentration (BAC) measures less than .02 BAC. If the test result is reported negative (i.e., less than .02 BAC), the employee should be returned to work. If the test result is between .02 BAC and .039 BAC, the employee must be suspended without pay for 24 hours. If the test result is reported positive (i.e., .04 BAC or greater), the employee must be immediately dismissed from employment and will be disqualified from employment with GDOT for a period of two (2) years from the date of the test

   If the employee refuses to submit to the test, then the employee is subject to the same consequences of having a positive alcohol/drug test.

   Because of the serious nature of an employee’s refusal to submit to a reasonable suspicion alcohol/drug test, a few precautions should be taken:

   • If possible, have the employee’s behavior observed by another trained supervisor or agency official.
   • Documentation of the employee’s conduct must be prepared and signed by the supervisor within twenty-four (24) hours of the observed behavior on an “Observed Behavior Reasonable Suspicion Record.” (See Form DOT 4404)

6. Return-to-duty: Employees who successfully complete the prescribed education and/or treatment program must complete a return-to-duty test before returning to work. The employee must have a negative drug test result and/or alcohol test with an alcohol concentration of less than .02 BAC.

7. Follow-up: Following a determination by a Substance Abuse Professional that an employee is in need of assistance in resolving problems associated with drug or alcohol misuse, the employee will be 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.

CONTROLLED SUBSTANCES PROHIBITIONS

All employees whose job duties require the possession of a commercial driver’s license are prohibited from using or being under the influence of any controlled substance while on duty unless the use is prescribed by a physician and the physician has advised the employee that use of the substance does not adversely affect the employee’s ability to safely operate a commercial motor vehicle and/or perform safety-sensitive duties.

Employees must inform their supervisors if they are taking any prescribed controlled substances and must provide written notification from their physician describing whether the prescribed controlled substance will affect their ability to perform safety-sensitive duties. No supervisor having actual knowledge that an employee has used a controlled substance shall permit the employee to perform any safety-sensitive function.

CONTROLLED SUBSTANCES CONSEQUENCES

Positive Test Result

Applicants who test positive for an illegal drug will: (1) have the offer of employment immediately withdrawn, (2) be referred to a Substance Abuse Professional (SAP) if they posses a Commercial Driver’s License, and (3) be disqualified from State employment for a period of two (2) years.

Employees who test positive for an illegal drug will: (1) be immediately separated from employment, (2) be referred to a Substance Abuse Professional (SAP), and (3) be disqualified from seeking employment with GDOT for a period of two (2) years.

Refused Testing

A refusal by an applicant/employee to submit to a controlled substance test under the provisions of this policy will have the same consequences as a positive test result. Applicants/employees are considered to have refused controlled substance testing under the following circumstances:

• Expressly refusing to submit to testing;
• Engaging in conduct that clearly obstructs the testing process;
• Failing to immediately report for testing after receiving notification;
• Failing to remain readily available for testing;
• Failing to provide adequate urine for the controlled substance test without a valid medical reason; and
• When the testing laboratory and the MRO determine that the sample has been adulterated or substituted.

ALCOHOL PROHIBITIONS

On-duty Use

All employees whose job duties require the possession of a commercial driver’s license are prohibited from using any alcohol while on duty. No supervisor having actual knowledge that an employee has used alcohol on-duty shall permit the employee to perform any safety–sensitive function.

Pre-duty Use

No employee shall perform safety-sensitive functions within four (4) hours after using alcohol. No supervisor having actual knowledge that an employee has used alcohol within four (4) hours shall permit the employee to perform any safety–sensitive functions.

Post-Accident Use

No employee required to take a post-accident alcohol test shall use alcohol for eight (8) hours following the accident or until he/she undergoes post-accident alcohol testing, whichever occurs first.

ALCOHOL TESTING CONSEQUENCES

Removal from Duty

Employees whose test results show a breath alcohol concentration between .02 BAC and .039 BAC are to be suspended without pay for 24 hours from the time of the test. A return-to-duty test which indicates a breath alcohol concentration of less than .02 BAC must be completed before the employee may be permitted to return to work.

Positive Test Result

Employees whose confirmation test results show a breath alcohol concentration of .04 BAC or greater will:

• Be immediately separated from employment,
• Referred to a Substance Abuse Professional (SAP), and
• Disqualified from employment with GDOT for a period of two (2) years.

Refused Testing

Employees who refuse alcohol testing when directed will be immediately separated from employment. A refusal to test includes:

• Expressly refusing to submit to testing;
• Engaging in conduct that clearly obstructs the testing process;
• Failing to immediately report for testing after receiving notification;
• Failing to remain readily available for testing; or
• Failing to provide adequate breath for alcohol testing without a valid medical reason.

EMPLOYEE ASSISTANCE

Employees are encouraged to seek assistance for drug/alcohol related problems. Employees may request assistance through the department’s Employee Assistance Program (EAP). Employees who request assistance through EAP must make the request prior to any directive to report for drug/alcohol testing and prior to arrest for any controlled substances violation. Employees who make a request for assistance prior to any directive to report for testing and prior to an arrest for a drug-related offense will not be subject to drug/alcohol consequences; however, they will not be permitted to perform safety-sensitive duties until successfully completing an alcohol or drug abuse treatment program. Refer to GDOT Policy 2290-1, Drug-Free Workplace, for additional information.

REQUIRED TRAINING & MATERIAL

Applicants and Employees

All applicants and employees must receive educational material regarding the following:

• Alcohol and illegal drugs,
• Federal requirements for CDL employees,
• The Employee Assistance Program, and
• CDL alcohol and drug testing programs and procedures.

Federal law requires that CDL employees sign for receipt of this material. A copy of the acknowledgement page will be placed in driver’s Confidential Testing File.

Supervisors

Supervisors of employees who hold commercial driver’s licenses must attend Reasonable Suspicion Training in accordance with federal regulations. This training will assist managers in detecting the physical, behavioral, speech and performance indicators of probable drug and/or alcohol misuse. This training must be completed prior to directing a CDL employee to Reasonable Suspicion testing. Managers must receive 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 or alcohol misuse.

INQUIRIES FROM PREVIOUS EMPLOYERS

When applicants/employees are selected for positions that require a CDL, hiring officials or their designees must complete the Request/Consent Form for Information, DOT4406. This consent requests the employee’s drug and alcohol history for the past two (2) years from their previous employer(s). The information that will be obtained from the previous employer is as follows:

• Alcohol tests with a result of 0.04 or higher alcohol concentration;
• Verified positive drug tests;
• Refusals to be tested (including verified adulterated or substituted drug test results);
• Other violations of DOT agency drug and alcohol testing regulations; and
• With respect to any employee who violated a DOT drug and alcohol regulation, documentation of the employee’s successful completion of DOT return-to-duty requirements.

This information should be obtained within 14 days from the start of employment. Requested information may be received in any written form (e.g., fax, email, letter, etc.) that ensures confidentiality. If requested information is not received, a record showing the efforts to obtain the information must be maintained.

Violations reported by previous employers

Applicants/employees must not be permitted to perform safety-sensitive duties if information received from the previous employers indicates that they have tested positive for alcohol or illegal drugs or have refused testing within the past two (2) years until information is received which shows that they have:

• Been evaluated by a Substance Abuse Professional,
• Completed any required counseling,
• Successfully completed a return-to-duty test, and
• Been subject to follow-up testing.

Requests from future employers

A request for CDL information on former GDOT employees will be given to any employer who properly requests it in accordance with federal regulations at 49 CFR Part 40. Written authorization must be received from former employees prior to releasing any information. All requests should be forwarded to the Employee Management Relations Section of the Office of Personnel.

REFERENCES:

• Federal Law (49 CFR Parts 40 and 382, et al – CDL Testing)
• State Law (O.C.G.A. §45-20-110)
• Rules of the State Personnel Board- Rules 9 and 25
• GDOT Drug-Free Workplace Policy, TOPPS 2290-1
• Incomplete Reasonable Suspicion Alcohol Testing Record, DOT 4407

Document History:

• added to TOPPS: 03/15/96
• revised: 07/12/04
• reviewed: 06/08/07

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