DHB(LOCAL) - EMPLOYEE STANDARDS OF CONDUCT: SEARCHES AND ALCOHOL/DRUG TESTING
Reasonable Suspicion Searches
The College District reserves the right to conduct searches when the College District has reasonable cause to believe that a search will uncover evidence of work-related misconduct. The College District may search the employee, the employee's personal items, work areas, lockers, and private vehicles parked on College District premises or worksites or used in College District business. Searches that reveal a violation of the College District's standards of conduct may result in disciplinary action. [See DH]
Reasonable Suspicion Alcohol and Drug Testing
The College District may remove an employee from duty and require testing if there is reasonable suspicion that the employee is under the influence of alcohol or drugs used in violation of College District policy. The determination of reasonable suspicion may be based on specific observations of the appearance, behavior, speech, or body odors of the employee whose motor ability, emotional equilibrium, or mental acuity seems to be impaired while on duty or other relevant information. Any employee who is asked to submit to drug or alcohol screening shall be given the opportunity to provide relevant information about prescription or nonprescription medications that may affect the screening.
A College District employee who refuses to comply with a directive to submit to testing based upon reasonable suspicion shall be subject to disciplinary action, up to and including termination.
A College District employee confirmed to have violated the College District's policy pertaining to alcohol or drugs may be subject to disciplinary action. [See DM series and DH]
Note: The following provisions apply to employees who are covered by the federal Department of Transportation (DOT) rules.
Federally Required DOT Testing Program
In accordance with DOT rules, the College District shall establish an alcohol and controlled substances testing program to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by the drivers of commercial motor vehicles. The primary purpose of the testing program is to prevent impaired employees from performing safety-sensitive functions.
The Chancellor shall designate a College District official who shall be responsible for ensuring that information is disseminated to employees covered under this testing program regarding prohibited driver conduct, alcohol and controlled substances tests, and the consequences that follow positive test results.
The following constitute drug-related violations under the DOT rules:
- Refusing to submit to a required test for alcohol or controlled substances.
- Providing an adulterated, diluted, or substituted specimen on an alcohol or controlled substances test.
- Testing positive for alcohol, at a concentration of 0.04 or above, in a post-accident test.
- Testing positive for controlled substances in a post-accident test.
- Testing positive for alcohol, at a concentration of 0.04 or above, in a random test.
- Testing positive for controlled substances in a random test.
- Testing positive for alcohol, at a concentration of 0.04 or above, in a reasonable suspicion test.
- Testing positive for controlled substances in a reasonable suspicion test.
An employee who operates a commercial motor vehicle, including a bus, and commits a drug-related DOT violation as defined above may be reinstated as a driver if he or she successfully completes a return-to-duty test. The employee may also be subject to follow-up tests.
Alcohol Results Between 0.02 and 0.04
In accordance with DOT rules, a driver tested under this policy and found to have an alcohol concentration of 0.02 or greater, but less than 0.04, shall be suspended from driving duties for at least 24 hours.
[In the event of a subsequent positive test result for alcohol of 0.02 or greater but less than 0.04, see the disciplinary consequences at College District-Imposed Consequences, below.]
Reasonable Suspicion DOT Testing
Only supervisors specifically trained in accordance with federal regulations may, based upon reasonable suspicion, remove a driver from a safety-sensitive position and require testing for alcohol and/or controlled substances. The determination of reasonable suspicion shall be based on specific observations of the appearance, behavior, speech, or body odors of the driver whose motor ability, emotional equilibrium, or mental acuity seems to be impaired. Such observations must take place just preceding, during, or just after the period of the workday that the driver is on duty.
The observations may include indication of the chronic and withdrawal effects of controlled substances. Within 24 hours of the observed behavior, the supervisor shall provide a signed, written record documenting the observations leading to a controlled substance reasonable suspicion test.
College District-Imposed Consequences
In addition to the consequences established by federal law, a College District employee confirmed to have violated the College District's policy pertaining to alcohol or controlled substances, including a second or subsequent positive test result for alcohol of 0.02 or greater but less than 0.04, shall be subject to College District-imposed discipline, as determined by his or her supervisor(s) and the Chancellor. Such discipline may include any appropriate action from suspension without pay during the period of removal from safety-sensitive functions, up to and including termination of employment.
In cases where a driver is also employed in a nondriving capacity by the College District, disciplinary action imposed for violation of alcohol and controlled substances policies shall apply to the employee's functions and duties that involve driving. Additionally, upon recommendation of the employee's supervisor, disciplinary measures up to and including termination of employment with the College District may be considered.