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

Searches— General Rule

  1. 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
  2. The search is reasonably related in scope to the circumstances that justified the interference in the first place.

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

  1. 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
  2. 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
  3. Is designed to transport 16 or more passengers, including the driver; or
  4. 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.

Testing Procedures

Tests Required

Education and Treatment

Return-to-Duty Testing

Drug and Alcohol Clearinghouse

Annual Query

Prohibition

Recordkeeping

Educational Materials

Reports

Federal

  1. An alcohol confirmation test result with an alcohol concentration of 0.04 or greater;
  2. A negative return-to-duty test result;
  3. A refusal to take an alcohol test pursuant to 49 C.F.R. 40.261;
  4. A refusal to test determination made in accordance with 49 C.F.R. 40.191(a)(1) through (4), (a)(6), (a)(8) through (11), or (d)(1), but in the case of a refusal to test under 49 C.F.R. 40.191(a)(11), the employer may report only those admissions made to the specimen collector; and
  5. A report that the driver has successfully completed all follow-up tests as prescribed in the SAP report in accordance with 49 C.F.R. 40.307, 40.309, and 40.311.
  1. On-duty alcohol use pursuant to 49 C.F.R. 382.205;
  2. Pre-duty alcohol use pursuant to 49 C.F.R. 382.207;
  3. Alcohol use following an accident pursuant to 49 C.F.R. 382.209; and
  4. Controlled substance use pursuant to 49 C.F.R. 382.213.

State

  1. A valid positive result on an alcohol or drug test performed and whether the specimen producing the result was a dilute specimen. "Valid positive result" means an alcohol concentration of 0.04 or greater on an alcohol confirmation test, or a result at or above the cutoff concentration levels listed in 49 C.F.R. 40.87 on a confirmation drug test. "Dilute specimen" means a urine specimen with creatinine and specific gravity values that are lower than expected for human urine.
  2. A refusal to provide a specimen for an alcohol or drug test.
  3. 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

College of the Mainland

DHB(LEGAL)-LJC

UPDATE 41

DATE ISSUED: 5/25/2021