CDL drug and alcohol testing

Employing units

Each unit with a CDL driver must:

• Designate a principal and backup person who will serve as the designated employee representative (DER) and receive testing results and administer the program locally; and notify the contractor of the designation of those contacts
• Notify the testing contractor of changes to the testing pool of CDL drivers in their unit
• Be familiar with all applicable policies governing this program
• Ensure supervisors of CDL drivers attend mandatory supervisory training regarding drug and alcohol testing
• Administer to background and pre-employment screening by obtaining pre-employment background screenings, providing CDL testing program orientation, and arranging for pre-employment drug testing for prospective CDL drivers.
• Complete all random, post-accident, reasonable suspicion and other testing, as needed
• Make sure their drivers know that all vehicle accidents and moving violations they incur – either on duty or on personal time – must be reported to their supervisor as soon as possible
• Ensure that services provided by the contracted drug and alcohol testing provider are paid in accordance with UW procurement policies
• Maintain all records in accordance with UW records retention and confidentiality policies

Covered employees

UW CDL drivers are responsible for complying with Federal laws, UW policies and supervisor direction regarding applicable drug and alcohol testing. Employees who do not comply with these policies are subject to corrective action including dismissal.

Testing contractor

Currently, UW contracts with Drug Free Business to provide CDL drug and alcohol testing services and support. As the current contracted provider, Drug Free Business will:

• Maintain the lists of employees subject to testing, as provided by each employing unit
• Using a random methodology, select employees for random testing at regular intervals
• Each quarter, notify each unit of employees selected for random testing
• Provide medical review officer (MRO) support for all testing services
• Promptly report all test results to the employing unit, and all positive results to the UW program administrator
• Maintain all records and file all required reports with regulatory agencies in accordance with Federal regulations
• Utilize testing facilities that comply with Federal requirements
• Assist UW with policy review and procedural advice
• Provide CDL supervisor and other training as requested

UW Fleet Services and UW Human Resources

UW HR shall act as the lead agency to assist employees, employing units and other in enforcing the provisions of this program. UW Fleet Services shall administer and see to the routine needs of the program and serve as the subject matter expert. Together, both units shall work together to:

• Develop and maintain this policy and program
• Select the testing contractor and monitor performance
• Assist departments in establishing practices needed to ensure compliance with this program
• Help units identify a substance abuse professional (SAP), assist employees in accessing treatment, and determine corrective actions in the case of failures to comply with this policy
• Provide policy interpretation and clarification for employees and employing officials
• Maintain all records in accordance with UW records retention and confidentiality policies

Each prospective driver must have their background checked from the previous two years to determine if they had any positive tests with previous employers; answer questions about their previous testing history; and submit to pre-employment drug testing. There is no pre-employment alcohol testing.

Use the following checklist to ensure proper pre-employment background checks and tests are completed.

Prior to pre-employment drug testing:

• With the prospective driver, gain consent and complete the Release of CDL Testing Information form. Fax this form to the number indicated on the form and keep the original locally.
• Have the prospective driver complete the CDL Drug & Alcohol Testing History Questionnaire form (docx).
• Arrange a pre-employment drug test.

Once the pre-employment drug test is passed:

• Provide the new driver a printed copy of UW APS 13.8.
• Provide the new driver a printed copy of The Effects of Alcohol and Other Drugs (doc).
• Obtain a signed receipt (doc) for the printed orientation materials given to the new driver.

Pre-employment test protocol

The pre-employment drug test is completed either immediately after a conditional job offer is made for those who will be covered employees immediately upon hire; or after hiring those who will not be immediately performing CDL driving duties, but will be required to become covered employees after their CDL is obtained. Follow the below process for pre-employment testing.

1. On the same day as the testing is to be performed, complete the CDL Test Authorization Form (docx), indicating a pre-employment drug test.
2. In a sealed envelope, give the prospective employee the Federal Drug Testing Custody & Control Form (carbon copy layered form) and the completed CDL Test Authorization Form.
3. Notify the prospective employee that they are to:
   • Proceed immediately to the designated testing facility
   • Take a valid piece of government picture identification (Driver’s license, military ID, etc.)
   • Present the envelope and their ID to the testing facility staff upon arrival
4. If the individual refuses to comply with testing or attempts to defer testing – either upon notification, or at the testing facility – the action must be treated as a positive test result. If this occurs, or the submitted specimen tests positive, contact your human resources consultant immediately.
5. Maintain all pertinent records in accordance with records retention and confidentiality policies.

If the background screening history or pre-employment drug test indicate a positive test, a refusal to test or other adverse information, contact your unit’s human resources consultant. Successful completion of pre-employment drug testing will automatically result in the individual being added to the random testing pool.

References

• Pre-employment testing rules – DOT 49 CFR 382.301
• Pre-employment testing notifications – DOT 49 CFR 382.411
• Inquiries from previous employers – DOT 49 CFR 40.25

Annually, the University is required to randomly test at least 50 percent of all CDL drivers for drugs and 10 percent for alcohol. Each quarter, our testing contractor will notify each unit of employees who are randomly selected, and whether the test required will be for drugs or alcohol – or both. The employee must complete all required testing within the same quarter (90 day period) of the unit being notified of the selection. It is strongly recommended that testing be completed within 30 days of unit notification of their employee being selected for random testing. The employee must not be given any advance notice of the testing. Results will be forwarded by the testing contractor to your unit’s designated representative.

Random test protocol

1. On the same day as the testing is to be performed, complete the CDL Test Authorization Form (docx), indicating a random drug and/or alcohol test.
2. Place the Federal Drug Testing Custody and Control Form (carbon copy layered form) and the completed CDL Test Authorization Form (docx) in a sealed envelope.
3. Ensuring that the employee has a valid government issued picture identification and no prior notice, direct the employee or take the employee to the designated testing facility as soon as possible.
4. The employee must present their identification and the sealed envelope to the testing facility staff upon arrival.
5. If the individual refuses to comply with testing or attempts to defer testing – either upon notification, or at the testing facility – the action must be treated as a positive test result. If this occurs, or the submitted specimen test positive contact your human resources consultant immediately.
6. Maintain all pertinent records in accordance with records retention and confidentiality policies.

References

• Random testing rules – DOT 49 CFR 382.305

A CDL driver must submit to post-accident drug and alcohol testing if they are involved in an accident that occurs on a public road (including University property) with a UW vehicle requiring a CDL to operate and the accident has:

• Caused a fatality, regardless if the driver receives a citation
• Caused an injury requiring medical care away from the scene of the accident and the driver receives a citation
• Caused damage to any vehicle requiring it to be towed and the driver receives a citation

Because UW tests for both drugs and alcohol in these situations, post-accident drug and alcohol test must be administered between 2 and 8 hours after the accident occurs. Our testing contractor does have limited after-hours testing capabilities. Currently, UW CDL drivers can be taken to the LabCorp testing facility at 5300 Tallman Avenue NW in Seattle’s Ballard neighborhood. If testing is needed after 4 p.m. on any day of the week, call the facility ahead of arrival at 206-781-6360 to arrange for testing.

Post-accident test protocol

1. Before testing, complete the CDL Test Authorization Form (docx), indicating a post-accident drug and alcohol test.
2. Place the Federal Drug Testing Custody & Control Form (carbon copy layered form) and the completed CDL Test Authorization Form (docx) in a sealed envelope.
3. Ensuring that the employee has a valid government issued picture identification, take the employee to the designated testing facility as soon as possible.
4. Present the employee with their identification and the sealed envelope to the testing facility staff upon arrival.
5. If the individual refuses to comply with testing or attempts to defer testing – either upon notification, or at the testing facility – the action must be treated as a positive test result. If this occurs, or the submitted specimen test positive contact your human resources consultant immediately.
6. Maintain all pertinent records in accordance with records retention and confidentiality policies.

References

• Post-accident testing rules – DOT 49 CFR Part 382.303

Reasonable suspicion testing is required when there is reasonable cause to believe that a CDL driver may be at risk of being impaired as a result of drug or alcohol use. This assessment is based on direct observation of a driver’s behavior and can include, but is not limited to:

• The odor of drugs or alcohol on the driver’s breath or clothes
• Erratic behavior
• Unsteady gait

Reasonable suspicion test protocol

1. On the same day as reasonable suspicion is reached, complete the CDL Test Authorization Form (docx), indicating a reasonable suspicion test for drugs and alcohol. Ensure the behaviors that gave rise to the suspicion are documented on the form.
2. Place the Federal Drug Testing Custody and Control Form (carbon copy layered form) and the completed CDL Test Authorization Form (docx) in a sealed envelope.
3. Ensuring that the employee has a valid government issued picture identification, take the employee to the designated testing facility as soon as possible.
4. Present the employee with their identification and the sealed envelope to the testing facility staff upon arrival.
5. If the individual refuses to comply with testing or attempts to defer testing – either upon notification, or at the testing facility – the action must be treated as a positive test result. If this occurs, or the submitted specimen test positive contact your human resources consultant immediately.
6. Maintain all pertinent records in accordance with records retention and confidentiality policies.

References

• Reasonable suspicion testing rules – DOT 49 CFR 382.307
• DOT drug and alcohol prohibitions – DOT 49 CFR 382, Subpart B

A positive drug and/or alcohol test is reported by the testing contractor’s medical review officer (MRO) to the driver’s unit DER and the UW program administrator when:

• A positive initial test has been confirmed by a second, more sensitive testing method
• The MRO has made all reasonable attempts to contact the driver to obtain a reasonable and legally allowed reason for the positive test
• The driver fails to provide a suitable specimen, or refuses to submit to testing

When a positive test does occur, the employing unit – in coordination with their human resources consultant must take the following initial steps, at a minimum:

• Immediately remove the tested driver from safety sensitive work, including CDL driving responsibilities.
• Initiate referral to the University-approved substance abuse professional (SAP).
• Take appropriate corrective action.

UW policy allows for corrective action, including dismissal – which will vary from case-to-case.

If certain criteria are met, a covered employee who fails their drug or alcohol test may be allowed to participate in a treatment program in an effort to return to their original safety sensitive duties. Such return to work treatment programs will be specified and supervised by the SAP. Until the SAP releases the employee back to work, the employee must not engage in duties defined as safety sensitive by Department of Transportation regulations.

Employees who are cleared to return to their safety sensitive duties (including CDL driving) by the SAP must first submit and pass a return to duty test. This test must be the same type as the test the employee initially failed (breath or saliva alcohol, urine drug).

Follow-up test protocol

1. Before testing, complete the CDL Test Authorization Form (docx), indicating a return to duty drug and/or alcohol test.
2. Place the Federal Drug Testing Custody and Control Form (carbon copy layered form) and the completed CDL Test Authorization Form (docx) in a sealed envelope.
3. Ensuring that the employee has a valid government issued picture identification, take the employee to the designated testing facility as soon as possible.
4. Present the employee with their identification and the sealed envelope to the testing facility staff upon arrival
5. If the individual refuses to comply with testing or attempts to defer testing – either upon notification, or at the testing facility – the action must be treated as a positive test result. If this occurs, or the submitted specimen test positive contact your human resources consultant immediately.
6. Maintain all pertinent records in accordance with records retention and confidentiality policies.

References

• DOT 49 CFR 382.309
• DOT 49 CFR 382.311

For assistance with coordination of this policy with personnel, pay and hiring issues, contact your unit's human resources consultant.

To resolve billing and invoicing issues, get more chain of custody forms, make corrections to your unit’s testable driver pool or to find appropriate testing facilities, contact Drug Free Business at 800-598-3437 or info@drugfreebusiness.org.

All UW personnel who will supervise employees in safety sensitive positions subject to DOT testing, including CDL driving must complete at least 2 hours of training. This applies to the supervisor, even if they won't be performing CDL driving duties themselves.

The testing contractor, Drug Free Business periodically offers this training (and others) to UW personnel at no cost. This suite of training can be found on Drug Free Business' Training page. For assistance accessing and registering for this training, contact Drug Free Business at 800-598-3437 or info@drugfreebusiness.org.

References

• Training for supervisors – DOT 49 CFR 382.603

All records, conversations and correspondence relating to the UW CDL Drug and Alcohol Testing Program must be held as strictly confidential and safeguarded from uncontrolled or unintentional distribution.

It is recommended that driver records relating to drug and alcohol testing be kept separate from other employee records. All employee records and program related correspondence must be kept in a container that is locked when not in use, in a room that is locked when it is not occupied.

Your unit may opt to keep all pertinent records in electronic format. If you do, the Federal law allows employers to keep pertinent records in either paper or electronic format. In order to be allowed to keep documents electronically, files must meet the following criteria:

• Be readily and quickly available for review by regulatory agencies – generally within two business days.
• Must be legible, clear and have retained the characteristics of the original document.
• Must be formatted, filed, archived and destroyed in a controlled and orderly manner.
• Be stored in password protected files.

If the above criteria cannot be met, then paper files must be retained.

References

• Records Retention & Confidentiality – DOT 49 CFR 382, Subpart D
• UW Records Management – UW GS 8 Retention Schedule, Personnel Records
• UW Records Management – UW GS 2 Retention Schedule, EH&S/Facilities Services Records

The following are the primary forms used to administer the UW CDL Drug and Alcohol Testing Program.