DHB(LEGAL) - EMPLOYEE STANDARDS OF CONDUCT: SEARCHES AND ALCOHOL/DRUG TESTING

Searches— General Rule

The governmental entity has reasonable grounds to believe that the search will turn up evidence that the employee is guilty of work-related misconduct or that the search is necessary for a non-investigatory, work-related purpose; and

The search is reasonably related in scope to the circumstances that justified the interference in the first place.

City of Ontario, Cal. v. Quon, 130 S. Ct. 2619 (2010); O'Connor v. Ortega, 480 U.S. 709 (1987)

Drug / Alcohol Testing

Random Drug Testing

Safety- Sensitive Positions

Note: The following testing requirements apply to every employee who operates a commercial motor vehicle and is subject to commercial driver's license requirements in accordance with federal regulations.

Testing of Drivers

"Commercial Motor Vehicle"

Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or

Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 or more pounds), whichever is greater; or

Is designed to transport 16 or more passengers, including the driver; or

Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 C.F.R. Part 172, Subpart F).

49 C.F.R. 382.107

Testing Procedures

Tests Required

Education and Treatment

49 C.F.R. 40.289

Return-to-Duty Testing

Educational Materials

Reports

A valid positive result on an alcohol or drug test performed and whether the specimen producing the result was a dilute specimen.

A refusal to provide a specimen for an alcohol or drug test.

An adulterated specimen or substituted specimen, as those terms are defined by 49 C.F.R. 40.3, on an alcohol or drug test performed.

Transp. Code 644.251–.252; 49 C.F.R. 40.3

North Central Texas College

DHB(LEGAL)-LJC

UPDATE 31

DATE ISSUED: 3/21/2016