Clark College is committed to providing a drug and alcohol-free workplace to protect the health and safety of employees and to promote an efficient and productive work environment.

615.017 DRUG FREE WORKPLACE

Purpose

Clark College is committed to providing a drug and alcohol-free workplace to protect the health and safety of employees and to promote an efficient and productive work environment.

Scope

This procedure includes general rules and procedures that apply to all employees consistent with appropriate collective bargaining agreements, as well as additional rules and procedures specific to employees required to have a Commercial Driver’s License (CDL). Please refer to form 9.7, Classifications Requiring a Commercial Driver’s License (CDL).

Definitions

1. Alcohol Concentration - alcohol in a volume of breath expressed in terms of grams of alcohol per 210.
   
   
2. Alcohol Use - drinking or swallowing of any beverage, liquid mixture, or preparation containing alcohol.
   
   
3. Associate director of ED/EHS – associate director of employee development and environmental health and safety at the Teaching and Learning Center.
   
   
4. Associate Vice President of Human Resources - Associate Vice President of Human Resources or designee.
   
   
5. CDL - Commercial Driver’s License.
   
   
6. Collective Bargaining Agreements (CBA) - Agreement by and between Clark College and the Clark College Association for Higher Education/WEA/NEA and Collective Bargaining Agreement by and between the State of Washington and Washington Public Employees Association of Higher Education (WPEA HE).
   
   
7. Commercial Motor Vehicle - motor vehicle or combination of motor vehicles used in commerce to transport passengers or property of the vehicle: (1) has a gross combination weight rating of 26,001 or more pounds; (2) is designed to transport 16 or more passengers, including the driver; (3) is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Material Transportation Act.
   
   
8. Controlled Substance - those substances identified within 49 CFR Ch. 111 Section 40.85. These substances include, but are not limited to:
   1. Marijuana metabolites.
   2. Cocaine metabolites.
   3. Amphetamines.
   4. Opiate metabolites.
   5. Phencyclidine (PCP).
9. Driver - any person who operates a motor vehicle or a motor vehicle for commercial purposes. This includes, but is not limited to: full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.
   
   
10. MRO - Medical Record Officer:  Associate Vice President of Human Resources or designee.
    
    
11. Performing (a safety-sensitive function) - a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions.
    
    
12. Refuse to Submit (to an alcohol or controlled substance test) - an employee:
    1. Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable regulations, after being directed to do so by the employer;
    2. Fails to remain at the testing site until testing process is complete. Provided, that an employee who leaves the testing site before the testing process commences a pre-employment test is not deemed to have refused to test;
    3. Fails to provide a urine specimen for any drug test required by the program. Provided, that an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test;
    4. In the case of a directly observed or monitored collection in a drug test, fails to permit an observation or monitoring of the employee’s provision of a specimen;
    5. Fails to provide a sufficient amount of urine when directed; and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure;
    6. Fails or declines to take a second test the employer or collector has directed the driver to take;
    7. Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process. In the case of pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment;
    8. Fails to cooperate with any part of the testing process (i.e. Refuses to empty pockets when so directed by the collector, behaves in a confrontational way that disrupts the collection process); or
    9. Is reported by the MRO as having a verified adulterated or substituted test result.
    
    
    
13. SAC - Substance Abuse Contractor; alcohol and drug testing professional
    
    
14. SAP - Substance Abuse Professional.

Reference Documents and Publications

1. Federal Drug Free Workplace Act of 1988.
   
   
2. Federal Omnibus Transportation Employer Testing Act of 1991.
   
   
3. Federal Commercial Motor Vehicle Act of 1986.
   
   
4. Federal Motor Carrier Safety Regulations 49 Code of Federal Regulations (CFR) Part 382.
   
   
5. Federal Motor Carrier Safety Regulations CFR 49 Part 40, “Procedures for Transportation Workplace Drug Testing Programs”; final rule published in the Federal Register on December 1, 1989 (54 FR 49854), revised February 15, 1994 as “Procedures for Transportation Drug and Alcohol Testing Programs” (59 FR 7340) and amended on August 19, 1994 (59 FR 42996).
   
   
6. Procedures for 49 CFR Part 40 are based on the Department of Health and Human Services “Mandatory Guidelines for Federal Workplace Drug Testing Programs” published in the Federal Register on April 11, 1988 (53 FR 11970) and revised June 9, 1994 (59 FR 2908).
   
   
7. U. S. Coast Guard Regulations 46 CFR.
   
   
8. State Executive Order EO 92-01, Governor’s Policy on a Drug-Free Workplace.
   
   
9. RCW 69.50 Uniform Controlled Substances Act.
   
   
10. RCW 46.25 Washington’s Uniform Commercial driver’s License (CDL) Act.
    
    
11. WAC 356-34 Disciplinary Actions - Appeals.
    
    
12. WAC 356-45-125 “Drug Testing - Limitations - Uses”
    
    
13. All relevant changes to state and federal regulations are incorporated by reference.

Responsibilities

1. Clark College Leadership.
   1. Provide leadership by promoting a work environment free from controlled substances and alcohol.
   2. Provide the resources necessary to carry out the Clark College Drug/Alcohol-Free Workplace Program.
   3. Ensure the contents of the program are communicated to affected employees.
   4. Ensure supervisors are released for training that will enable them to understand the provisions of this program and to recognize behaviors which may indicate substance abuse.
   5. Initiate corrective/disciplinary action, as appropriate, to gain compliance with these rules and procedures.
   6. Serve as a positive role model.
2. Supervisors.
   1. Attend training which explains the provisions of this program and how to recognize behaviors which may indicate substance abuse.
   2. Provide educational materials to their employees that explain the program, the testing process, and rehabilitation services available.
   3. Enforce the provisions of this policy within their area of responsibility.
   4. Serve as a positive role model.
3. Human Resources
   1. Receive and maintain background checks and other confidential records necessary.
   2. Respond to inquiries from other parties regarding release of test results that are in violation of Federal Omnibus Transportation Employee Testing Act of 1991, treatment records, and refusal to test history.
   3. Work with supervisors and employees on corrective action, discipline, and resources.
4. Environmental Health and Safety
   1. Oversee the activities of the SAC.
   2. Provide data to the SAC to develop a database to be used in random selection process as appropriate.
   3. Develop and implement a record-keeping and reporting system meeting the requirements of the United States Department of Transportation while protecting the privacy of those tested.
   4. Promote a drug/alcohol-free workplace by providing training and information which informs employees, supervisors, and managers of the requirements of this chapter and the impact of drug/alcohol use in the workplace.
   5. Serve as the point of contact for Clark College employees and supervisors for training and questions about procedures.

Rules for All Employees

1. Any activities involving the use, possession, distribution, or sale of alcohol, unauthorized prescription drugs, controlled substances, or drug paraphernalia at College facilities are prohibited. Any exceptions must be approved by the College president in accordance with Administrative Procedure 512.005 Alcohol Consumption.
   
   
2. Employees will report to work in a fit condition, unaffected by alcohol, controlled substances, or unauthorized prescription drugs. Employees will not use alcohol, controlled substances, or unauthorized prescription drugs during working hours or while in paid standby status.
   
   
3. Employees will not utilize the College’s equipment, facilities, worksites, or properties for prohibited activities.
   
   
4. When there is a reasonable cause to believe that an employee’s work performance is affected by alcohol, controlled substances, authorized or unauthorized prescription drugs, Clark College may relieve the employee of duty, direct that the employee be tested for alcohol and controlled substances, and provide transportation to the employee’s personal residence. Such incidents will be documented and reported to the associate vice president of human resources and the appropriate Executive Cabinet member for further action, which may include disciplinary action.
   
   
5. Employees will not operate a state-owned, rented, or privately-owned vehicle while performing official duties if their performance is affected by alcohol, controlled substances, or unauthorized prescription drugs.
   
   
6. Employees using a prescription or non-prescription drug, which they believe may impair job performance, will inform their supervisor of such drug use. For the safety of all, supervisors may require employees to disclose use of prescription and non-prescription medication and provide information on potential job impacts. Employees whose work performance is temporarily impacted by prescription and non-prescription drugs may be reassigned productive alternate work if available or be required to take leave.
   
   
7. Employees convicted of a violation of a criminal drug statute occurring in the workplace must notify their immediate supervisor within five days of their conviction. Within 30 days of this notification, the College may impose appropriate disciplinary action, up to and including dismissal, and/or require that the employee satisfactorily complete an approved substance abuse rehabilitation program.
   
   
8. If at any time driving is a job assignment, employees will immediately notify their supervisor in writing of any driving citations involving controlled substances or alcohol and any convictions that result from the citations.
   
   
9. Employees must submit to alcohol and controlled substance testing when required by the procedures outlined below. A refusal to test is considered the same as a positive test.
   
   
10. All employees will comply with these rules, and those found to be in violation will be subject to corrective/disciplinary action according to appropriate CBA’s, WAC’s, or College procedures.  Disciplinary action, up to and including dismissal, may be considered for any violation consistent with the appropriate collective bargaining agreement.

Rules For CDL Employees

1. The College does not allow CDL employees to report to work if they have consumed alcohol within four hours prior to reporting to work. A CDL employee with an alcohol test result of 0.02 – 0.039 will be removed from safety sensitive duties for 24 hours. CDL employees are in violation of the department rule if they report to work with a positive alcohol test of 0.02 or above, and/or if they have used any controlled substance. In addition, CDL employees are in violation of federal and state CDL regulations if they have a positive alcohol test of 0.04 or above, and/or if they have used any controlled substance.
   
   
2. Employees must participate in the evaluation by, and comply with the recommendations of, an SAP if a controlled substance test is positive or an alcohol test is 0.02 or above.
   
   
3. All supervisors of CDL employees are required to attend drug/alcohol-free workplace training.
   
   
4. In accordance with CDL rules, a CDL employee is required to inform his or her supervisor, in writing, within one day of notification if his or her license is suspended, revoked, or cancelled, or if the employee is disqualified from operating a commercial vehicle.
   
   
5. Any CDL employee who refuses to comply with a request for testing, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution shall be in violation of this procedure. Such action will be treated as insubordination, a willful violation of department policy, and as a positive test result for drugs or alcohol at the level of 0.02 for purposes of this procedure.
   
   
6. All CDL employees will comply with these rules, and those found to be in violation will be subject to corrective/disciplinary action.

Procedures for All Employees

1. Notification.
   
   At the time of appointment, all new employees shall be provided a copy of the drug/alcohol-free workplace procedure. Periodically, all employees will be notified by the College of the requirements for a drug/alcohol-free workplace.
   
   
2. Training.
   
   Required training, including refresher courses, will be made available to all supervisors, managers, and lead workers. The training courses will include:
   1. The elements of the Drug/Alcohol-Free Workplace Program, including supervisor responsibilities.
   2. The effects of drugs and alcohol in the workplace.
   3. Behavioral symptoms of being affected by controlled substances and/or alcohol.
   4. Rehabilitation service available.
3. Voluntary Self-Disclosure and Referral.
   
   Employees who recognize they may have a problem with controlled substance or alcohol abuse are encouraged to come forward and seek assistance to solve their problem. The supervisor will remove the employee from any safety-sensitive job tasks, contact Human Resources, grant leave where appropriate, refer the employee to an SAP, and allow the employee to return to work when the SAP provides them with a return-to-work plan acceptable to the appointing authority. A request for assistance in dealing with a drug or alcohol-related problem, however, will not serve to insulate an employee from corrective action for performance-related problems. Employees seeking treatment for controlled substance or alcohol abuse can be assured that the treatment will be kept strictly confidential by College representatives, management, and coworkers.
   
   Testing Procedures.
   
   When testing is required, the supervisor or manager fills out the Drug/Alcohol Test Request Form (Form 9.5) and gives it to the candidate/employee to take to the collection site. When the supervisor or manager is unavailable, or when otherwise appropriate, the associate vice president of human resources will request the test.
   
   
   1. Reasonable Suspicion Testing
      Please refer to Attachment 9.1, Flow Chart 1, for a typical sequence of events for reasonable suspicion testing.
      
      Reasonable suspicion testing for alcohol use may be directed for any employee when there is reason to suspect that alcohol usage may be adversely affecting the employee’s job performance. Specific objective grounds must be stated in writing that support the reasonable suspicion that the employee’s work performance is impaired.
      
      Examples of specific objective grounds may include but are not limited to: documentation of decreased quality and/or quantity of work; physical symptoms consistent with controlled substance and/or alcohol usage; evidence or observation of controlled substance or alcohol use, possession, sale, or delivery; or the occurrence of an accident(s) where a trained supervisor suspects controlled substance/alcohol usage may have been a factor.
      
      Referral for such testing will be made on the basis of specific objective grounds documented by a supervisor or manager who has attended the training focusing on detecting the signs/symptoms of being affected by controlled substances/alcohol and verified in person or over the phone by another trained supervisor or manager.
      
      
   2. Testing Process
      In such circumstances, the employee will be removed immediately from duty and transported to the collection site. The associate vice president of human resources or associate director of environmental health and safety, or human resource representative may be consulted if needed and must be notified following referral for testing. The cost of reasonable suspicion testing, including the employee’s salary, will be paid by the College. To the extent reasonably possible, requests for representation will be honored during this process, provided it does not delay the testing process.
      
      
   3. Designated Sample Collection Sites
      Site available all hours if called first
      Accu Diagnostics
      11800 NE 95^th Street Suite 200
      Vancouver, WA 98682
      (360) 597-4543
      
      
   4. Testing
      Testing will be conducted in such a way to ensure maximum accuracy and reliability by using the techniques, chain of custody procedures, equipment, and laboratory facilities that have been approved by the United States Department of Health and Human Services. Both alcohol and controlled substance testing will be conducted in an environment that affords personal privacy to the maximum extent practicable. Testing conducted upon employees subject to non-federally-mandated testing should conform as much as reasonably practicable to standards approved by the United States Department of Health and Human Services. All employees notified of a positive controlled substance test result may request an independent test of their split sample at the employee’s expense. If the test result is negative, Clark College will reimburse the employee for the cost of the split sample test.
      
      
   5. Test Results
      An employee who has a positive alcohol test of 0.02 percent or above, and/or a positive controlled substance test result that is confirmed by an MRO, may be subject to corrective/disciplinary action based on the incident that prompted the testing, including a violation of the drug/alcohol-free workplace rules. Management may disclose the results at the employee’s request, or as necessary for the conduct of department business, including a challenge to any corrective/disciplinary action arising from the incident or behavior that led to the testing. No adverse action will be taken by the department based on a test result below 0.02 percent.
      
      
   6. Return-To-Work Agreements
      The employee will be advised of the test results and, in the event of a positive test report, the employee will be required to participate in substance abuse counseling and/or sign a return-to-work agreement developed in participation with the MRO. An employee who violated the return-to-work agreement will be subject to further corrective action, up to and including dismissal.

Procedures For CDL Employees

In addition to the procedures for all employees above, the following procedures are specific for employees whose job requires a CDL:

1. All CDL employees will receive a copy of the Clark College drug/alcohol-free workplace rules, informational material about the effects of controlled substances/alcohol in the workplace, and rehabilitation services available. Training material on the effects of controlled substances and alcohol in the workplace are available from the associate director of environmental health and safety.
   
   
2. Per federal requirement, all candidates selected for CDL positions are subject to a background check within 30 days of employment.
   1. Candidates must complete the standard Consent for Release of Drug and Alcohol Test Results Form (Form 9.6), which provides consent for release of treatment records, and of refusal to test history, at the time of referral to a collection site.
   2. For those who have been self-employed within the last two years, the section of the form, “For Owner-Operated or Self-Employed Commercial Drivers,” must also be completed.
   3. Distribution: the original is mailed or faxed to NSA/Washington; one copy is mailed to the central drug and alcohol file of the applicant (Headquarters Drug and Alcohol Administrator); and one copy is given to the applicant.
   4. Results of background checks that contain information of concern will be reported by the SAC to the environmental health and safety manager for appropriate action.
3. Testing Requirements For CDL Employees.
1. Pre-Employment Testing For Positions Requiring CDL
   Please also refer to Attachment 9.2, Flow Chart 2, for a typical sequence of events for pre-employment controlled substance testing. All candidates selected for positions requiring a CDL will undergo testing for controlled substances prior to employment. This includes candidates for positions requiring CDL within the first six months of employment. All pre-employment testing will be at the department’s expense.
   
   The hiring manager arranges for testing at an approved collection site. A list of approved sites is available from the environmental health and safety manager or Human Resources representative.
   
   A negative test result for controlled substances is required prior to employment.
   
   A positive test result will disqualify the candidate for appointment.
   
   Candidates for positions that require a CDL must test negative on a pre-employment test prior to operating any department commercial vehicles. Examples may include 1) an employee in a training capacity, or 2) an employee whose job duties are expanded to include operating commercial vehicles.
   
   
2. Return to Test Pool Testing For CDL Employees
   120 calendar days or more on authorized leave: A CDL employee on authorized leave for 120 calendar days or more is considered out of the testing pool and must submit to a pre-employment drug/alcohol test before returning to duty. After completing the test, the employee may return to work and perform non-safety-sensitive work while waiting for the test results.
   
   119 calendar days or less on authorized leave: A CDL employee on authorized leave for 119 calendar days or less is considered in the testing pool, but unavailable for random testing during the authorized leave period. Upon the employee’s return, the employee is not required to submit to a pre-employment test prior to returning to duty. The employee will, however, be required to submit to a random drug test if he or she was on approved leave for more than 30 calendar days and the employee’s test group was randomly tested while the employee was absent. The employee may begin driving duties and perform other safety-sensitive work while waiting for the test results.
   
   
3. Reasonable Suspicion Testing
   Please refer to Attachment 9.1, Flow Chart 1, for a typical sequence of events for reasonable suspicion testing.
   
   Reasonable suspicion testing for alcohol use may be directed for any employee when there is reason to suspect that alcohol usage may be adversely affecting the employee’s job performance. Specific objective grounds must be stated in writing that support the reasonable suspicion that the employee’s work performance is impaired.
   
   Reasonable suspicion testing for controlled substances may be directed for any employee when there is reason to suspect that the employee may present a danger to the physical safety of the employee or another in the workplace and that controlled substance usage may be adversely affecting the employee’s job performance. Specific objective grounds must be stated in writing that support the reasonable suspicion that the employee’s work performance is impaired.
   
   Examples of specific objective grounds may include but are not limited to: documentation of decreased quality and/or quantity or work; physical symptoms consistent with controlled substance and/or alcohol usage; evidence or observation of controlled substance or alcohol use, possession, sale, or delivery; or the occurrence of an accident(s) where a trained supervisor suspects controlled substance/alcohol usage may have been a factor.
   
   Referral for such testing will be made on the basis of specific objective grounds documented by a supervisor or manager who has attended the training focusing on detecting the signs/symptoms of being affected by controlled substances/alcohol and verified in person or over the phone by another trained supervisor or manager.
   
   
4. Testing Process
   In such circumstances, the employee will be removed immediately from duty and transported to the collection site. The associate vice president of human resources or associate director of environmental health and safety or human resource representative may be consulted if needed and must be notified following referral for testing. The cost of reasonable suspicion testing, including the employee’s salary, will be paid by the college. To the extent reasonably possible, requests for representation will be honored during this process, provided it does not delay the testing process.
   
   
5. Designated Sample Collection Sites
   Site available all hours if called first
   Accu Diagnostics
   11800 NE 95^th Street, Suite 200
   Vancouver, WA 98682
   (360) 597-4543
   
   
6. Testing
   Testing will be conducted in such a way to ensure maximum accuracy and reliability by using the techniques, chain of custody procedures, equipment, and laboratory facilities that have been approved by the United States Department of Health and Human Services. Both alcohol and controlled substance testing will be conducted in an environment that affords personal privacy to the maximum extent practicable. Testing conducted upon employees subject to non-federally-mandated testing should conform as much as reasonably practicable to standards approved by the United States Department of Health and Human Services. All employees notified of a positive controlled substance test result may request an independent test of their split sample at the employee’s expense. If the test result is negative, Clark College will reimburse the employee for the cost of the split sample test.
   
   
7. Test Results
   An employee who has a positive alcohol test of 0.02 percent or above, and/or a positive controlled substance test result that is confirmed by an MRO, may be subject to corrective/disciplinary action based on the incident that prompted the testing, including a violation of the drug/alcohol-free workplace rules. Management may disclose the results at the employee’s request, or as necessary for the conduct of department business, including a challenge to any corrective/disciplinary action arising from the incident or behavior that led to the testing. No adverse action will be taken by the department based on a test result below 0.02 percent.
   
   
8. Return-To-Work Agreements
   The employee will be advised of the test results and, in the event of a positive test report, the employee will be required to participate in substance abuse counseling and/or sign a return-to-work agreement developed in participation with the MRO. An employee who violated the return-to-work agreement will be subject to further corrective action, up to and including dismissal.
   
   
9. Post-Accident Testing
   Please also refer to Attachment 9.4, Flow Chart 4, for a typical sequence of events for post-accident testing for controlled substance and alcohol testing of employees in CDL positions.
   
   When a CDL employee is involved in an accident while operating a commercial vehicle or a piece of equipment requiring a CDL, the employee is required by federal regulations to be tested for alcohol and controlled substances. The College-required test will be in addition to any tests required by investigating law enforcement agencies if the accident results in one or more of the following: A fatality; an injury treated away from the scene and the CDL employee received a citation for a moving violation; or a vehicle is required to be towed from the scene and the CDL employee receives a citation for a moving violation.
   
   In addition, an employee may request to undergo voluntary controlled substance/alcohol testing following an accident.
   
   Following such an accident, the employee must be readily available to submit to post-accident testing as soon as possible. Such testing is secondary to the employee’s need for medical treatment, or public safety considerations at the accident scene.
   
   The College will transport the employee to the collection site preferably within two hours of the accident (but in no case more than eight hours) for alcohol testing, and within 32 hours of the accident for controlled substance testing. If these time limits cannot be met, federal regulations require a written statement explaining the delay be filed with the Headquarters Drug and Alcohol Administrator.
   
   Requests for union representation will be honored during this process to the extent reasonably possible, provided it does not delay the testing process.
   
   The cost of the test is borne by the College, and the time for the test is considered time worked.
   
   Testing may be done at any designated collection site.
   
   At the discretion of the supervisor, the employee may take authorized leave or return to full duty while waiting for test results.
   
   
10. Random Testing
    Please also refer to Attachment 9.3, Flow Chart 3, for a typical sequence of events for random controlled substance and alcohol testing of employees in CDL positions.
    
    CDL employees will be subjected to random, unannounced alcohol and controlled substance testing, spread reasonable throughout the calendar year, as required by federal law. The law requires that random testing for controlled substance and random testing for alcohol be performed at an annualized rate established each year by the Federal Highway Administration. A scientifically valid method of random selection will be determined by the associate vice president of human resources.
    
    Employees on pre-approved leave on a day that they would have been subject to random drug/alcohol testing will not be required to report to work on that day for testing. Upon the employee’s return from pre-approved leave or a scheduled day off, the supervisor will coordinate with the HR office to send the employee to a collection site for testing. If, on a day that the employee’s test group is to be randomly tested, the employee leaves his/her duty station or work site without obtaining prior approval for such leave, an effort should be made to contact the employee at home and advise the employee that, unless he/she returns to work for a random drug/alcohol test, the department will view the employee’s departure as a refusal to test which is considered the same as a positive test.
    
    If such employees are on pre-approved leave or not scheduled to work, they are not required to report to work on that day for testing. Upon the employee’s return from pre-approved leave or a scheduled day off, the supervisor will coordinate with Human Resources to send the employee to a collection site for testing.
    
    The cost of the test is borne by the College, and the time for the test is considered time worked.
    
    At the discretion of the supervisor, the employee may return to full duty while waiting for test results.
    
    
11. Return-To-Duty And Follow-Up Testing
    
    The employee will be advised of the test results and, in the event of a positive test report, the employee will be required to participate in substance abuse counseling and/or sign a return-to-work agreement developed in participation with the MRO. An employee who violates the return-to-work agreement will be subject to further corrective action, up to and including dismissal.
    
    In addition, all CDL employees who test positive on a controlled substance test or alcohol test must have follow-up controlled substance and alcohol testing which includes at least six unannounced, follow-up tests during the first twelve months upon returning to work, in addition to any ongoing random testing.

Record Keeping

1. Results of controlled substance/alcohol testing will be maintained by Human Resources in a confidential file separate from the employee’s personnel file.
   
   
2. Information from a positive drug/alcohol test will be provided to appropriate supervisors and managers as needed for corrective/disciplinary action, and/or a return-to-work plan.
   
   
3. Information used in corrective/disciplinary action may be included in the employee’s official personnel file.

Return-To-Duty and Follow-Up Testing

1. All employees who test positive on a controlled substance test or alcohol test will be referred to an SAP. Prior to being considered for return to work, the employee must:  be in compliance with and agree to continue treatment recommendations from the SAP; sign a return-to-work agreement developed in participation with the associate vice president of human resources and accepted by the supervisor; and produce a negative test result.
   
   
2. In developing a return-to-work agreement, the SAP and the supervisor/manager, in consultation with Human Resources, should consider whether follow-up testing is appropriate.
   
   
3. Follow-up controlled substance and alcohol testing may include at least six unannounced, follow-up tests during the first twelve months following return to work in addition to any ongoing CDL employee random testing. At the discretion of the SAP and the College, such follow-up testing may be extended for up to 60 months after the employee’s return to work. When notified by their supervisors of a follow-up test, employees are to proceed without delay to the collection site.
   
   

4. The department will approve sick leave, vacation leave, or leave without pay for the employee’s absences to participate in counseling, treatment, and return-to-duty testing and for follow-up testing. The cost for collecting and processing department-directed random tests will be paid for by the department. Cost of counseling and treatment is the responsibility of the employee. The employee will provide his or her own transportation for counseling, treatment, return-to-duty testing, and follow-up testing. 

Attachments

9.1  Flow Chart 1 - Reasonable Suspicion
9.2  Flow Chart 2 - Pre-Employment
9.3  Flow Chart 3 - Random
9.4  Flow Chart 4 - Post-Accident
9.5  Drug/Alcohol Test Request Form
9.6  Consent For Release Of Drug And Alcohol Test Results
9.7  Classifications Requiring A Commercial Driver’s License (CDL)
9.8  Chain Of Custody Form

https://www.clark.edu/about/jobs-and-employment/drug-free/

Revised Policy/Procedure Approved by Executive Cabinet
April 13, 2010

October 24, 2023