Drug and Alcohol Use By Employees
[The following was approved on August 2, 1995, in accordance with provisions set forth in SIU Board of Trustees 2 Policies C.3.j.]
In accordance with the requirements of the Omnibus Transportation Employee Testing Act of 1991, university employees required to perform safety-sensitive work (defined as the operation of a commercial motor vehicle by an individual with a commercial driver's license) must participate in a comprehensive anti-drug and alcohol program which will include education and controlled-substance and alcohol testing. Any employee in a safety-sensitive position who violates the university policy on the use of controlled substances and alcohol will face disciplinary action up to and including termination of employment. Such violation will be considered to include a refusal to take or a failure to complete a drug and/or alcohol test, as well as a positive test for drugs and/or alcohol.
Employees in positions requiring the possession of a commercial driver's license (CDL) are prohibited from the following:
- using alcohol on the job;
- using alcohol during the four hours before driving a commercial motor vehicle (CMV);
- having an alcohol content concentration in the system of .02 or greater while driving a CMV;
- using alcohol for 8 hours following an accident or until a post-accident alcohol test is conducted, whichever occurs first;
- refusing to take a required alcohol or controlled-substance test;
- using any controlled substance, on or off duty, without a written prescription from a licensed doctor of medicine or osteopathy (use of a prescribed controlled substance is not a violation of this policy if the employee provides the university with a physician's written certification that such therapeutic drug use will not impair the CMV driver in the performance of safety-sensitive functions for the university);
- possessing alcohol or controlled substances on duty or during the operation of a CMV unless the alcohol or controlled substance is manifested and transported as part of a shipment
- Pre-employment. Controlled-substance tests will be conducted during the employment process.
- Post-accident. Tests will be performed following any on-the-job accident involving the loss of human life or any on-the-job accident for which the driver-employee is cited for a moving traffic violation under state or local law.
- Random testing. Random testing will be conducted on an annual basis, the frequency of such tests and the number of employees affected being in accordance with the percentages established by the Federal Highway Administration and published in the Federal Register.
- Reasonable suspicion. An employee who is suspected of being under the influence of a controlled substance or alcohol will be tested.
- Return to duty. Any employee returning to duty after violating the university policy concerning the use of alcohol or controlled substances will be tested prior to resuming safety-sensitive functions.
- Follow-up. Any employee who has returned to duty following a determination that the employee has engaged in prohibited conduct will be subject to a minimum of six unannounced follow-up alcohol or controlled-substance tests (whichever is appropriate) administered over the first 12 months following return to duty.
Refusing to be tested, engaging in conduct that clearly obstructs the testing process, or failing to sign a release will result in the employee being removed from performing safety-sensitive functions, not being allowed to perform safety-sensitive functions for the university in the future, and being subject to possible disciplinary action, including discharge from employment.
All controlled-substance and alcohol testing will be conducted in accordance with applicable Department of Transportation (DOT) regulations. All employees subject to testing will receive a copy of this policy and a copy of the procedures established by the university to enforce the policy. Employees will be required to sign a statement certifying receipt of this material.
Any records of alcohol and/or controlled-substance testing maintained by the university or its agents will be strictly confidential and will not be released to third parties without the specific written consent of the employee, except as otherwise provided by DOT regulation. Prescribed exceptions are as follows:
- Information may be released to DOT agencies when license or certification actions may be required.
- Information may be released to a decision maker in grievance, arbitration, litigation or administrative proceedings arising from a positive test result or employee-initiated action.
- In cases where criminal charges are filed, records may be obtained from the court or from the Secretary of State.
This document is one of several university statements on drug and alcohol use by students and employees and on the regulation of alcohol on the university campus. These policies are Drug and Alcohol Use: Standards of Conduct; Drug and Alcohol Use By Employees Performing Safety-Sensitive Work; Drug-Free Workplace; Drugs and Alcohol: Disciplinary Sanctions Relating to Illicit Use; Alcoholic Beverages: Regulations.