Commercial Driver License: Alcohol and Controlled Substances Testing and Requirements

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Policy Number:
UW-5094
Responsible Office:
Office of Human Resources

University Policy

Rationale/​Purpose:

UW-Madison has established this Commercial Driver License (CDL) Alcohol and Controlled Substances Testing and Requirements policy in compliance with federal and state Department of Transportation (DOT) regulations and to promote safety and deter the misuse of alcohol and controlled substances by drivers of commercial motor vehicles.

Definitions:
Adulterated Specimen
A specimen that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance. (49 C.F.R. § 40.3)
Alcohol
The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. (49 C.F.R. § 382.107)
Alcohol Concentration (or content)
The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. (49 C.F.R. § 382.107 )
Alcohol Screening Device (ASD)
A breath or saliva device, other than an Evidential Breath Test (EBT), that is approved by the National Highway Traffic Safety Administration (NHTSA) and appears on the United States Department of Transportation’s (USDOT) Office of Drug and Alcohol Policy and Compliance web page for “Approved Screening Devices to Measure Alcohol in Bodily Fluids” because it conforms to the model specifications from NHTSA. (49 C.F.R. § 40)
Alcohol Use
The drinking or swallowing of any beverage, liquid mixture or preparation (including any medication), containing alcohol. (49 C.F.R. § 382.107 )
Breath Alcohol Technician (or BAT)
An individual who instructs and assists individuals in the alcohol testing process and operates an EBT.
Collector
A person who instructs and assists employees at a collection site, who receives and makes an initial inspection of the specimen provided by those employees, and who initiates and completes the Federal Drug Testing Custody and Control Form (CCF). (49 C.F.R. § 40)
Commercial Driver License (CDL)
Authorization for the operation of a commercial motor vehicle (as defined below):
  • A “Class A" motor vehicle is any combination of vehicles with a gross vehicle weight rating, actual gross weight or registered weight of over 26,000 pounds, if the aggregate total gross vehicle weight rating, actual gross weight or registered weight of the vehicle or vehicles being towed is in excess of 10,000 pounds..
  • A “Class B" motor vehicle is any single vehicle with a gross vehicle weight rating, actual gross weight or registered weight of over 26,000 pounds, and any such vehicle towing a vehicle or vehicles with an aggregate total gross vehicle weight rating, actual gross weight or registered weight of 10,000 pounds or less.
  • A “Class C" motor vehicle is any single vehicle with a gross vehicle weight rating, actual gross weight and registered weight of 26,000 pounds or less, including any such vehicle towing a vehicle with a gross vehicle weight rating, actual gross weight and registered weight of less than 10,000 pounds, if any of the following applies:
    • The vehicle is designed to transport 16 or more passengers, including the driver
    • The vehicle is transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 C.F.R. § 73.
(Wis. Stat. §§ 343.03(3)(b) and 343.04).
Commercial Motor Vehicle (CMV)
A motor vehicle or a combination of motor vehicles used in commerce to transport passengers or property of the 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
  • The vehicle is designed to transport 16 or more passengers, including the driver
  • Is of any size and is used in the transportation of materials found to be hazardous for the purposed 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. § 172, subpart F). (49 C.F.R. § 382.107)
Consortium/Third-party Administrator (C/TPA)
A service agent that provides or coordinates the provision of a variety of drug and alcohol testing services to employers. C/TPAs typically perform administrative tasks concerning the operation of the employer’s drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the USDOT drug and alcohol testing programs of its members. C/TPAs are not "employers."
Controlled Substance
For purposes of this policy, substances identified in 49 C.F.R. § 40.82, i.e., marijuana metabolites, cocaine metabolites, amphetamines, opioids, phencyclidine (PCP), and any other substance determined by the USDOT to be a controlled substance.
Controlled Substance Test
A method for determining the presence of controlled substances in a urine sample using a scientifically reliable method performed in accordance with procedures specified in 49 C.F.R. § 40.
Department of Transportation (DOT)
For purposes of this policy, a federal or state agency that determines safety regulations for all major modes of transportation, including commercial motor vehicles. USDOT in this policy refers to the United States Department of Transportation.
Designated Employer Representative (DER)
An employee authorized by the employer to take immediate action(s) to remove employees from safety-sensitive duties, or cause employees to be removed from these covered duties, and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer, consistent with the requirements of this part. Service agents cannot act as DERs.
Driver
For purposes of this policy, any employee of the University of Wisconsin-Madison who is required to have and maintain a CDL and who is subject to operating a commercial motor vehicle at the direction of, or with the consent of, the university. For the purposes of pre-employment only, driver also includes a person applying to an employer to drive a commercial vehicle.
Driving Time
All time spent at the driving controls of a commercial motor vehicle in operation. (49 C.F.R. § 395.2)
Drug
Any substance (other than alcohol) that is a controlled substance as defined in this policy and 49 C.F.R. § 40.
Evidential Breath Testing Device (EBT)
A device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath at the 0.02 and 0.04 alcohol concentrations, placed on NHTSA's Conforming Products List (CPL) for "Evidential Breath Measurement Devices'' and identified on the CPL as conforming with the model specifications available from NHTSA's Traffic Safety Program.
Initial Drug Test (also known as a screening drug test)
An immunoassay test to eliminate “negative” urine specimens from further consideration and to identify the presumptively positive specimens that require confirmation or further testing.
Licensed Medical Practitioner
A person who is licensed, certified, and/or registered, in accordance with applicable federal, state, local or foreign laws and regulations, to prescribe controlled substances and other drugs. (49 C.F.R. § 382.107)
Medical Review Officer (MRO)
A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer’s drug testing program and evaluating medical explanations for certain drug tests. (49 C.F.R. § 40.3)
Performing (a safety-sensitive function)
A driver is considered to be performing a safety-sensitive function during any period in which they are actually performing, ready to perform, or immediately available to perform any safety-sensitive functions. (49 C.F.R. § 382.107)
Prohibited Status
A driver’s inability to legally operate a CMV due to drug or alcohol use or refusal to take a drug or alcohol test.
Random Test
An alcohol and/or controlled substances test administered to a driver who has been randomly selected by a scientifically valid method from among the pool of drivers subject to such tests.
Reasonable Suspicion Test
An alcohol and/or controlled substances test administered when the university has reasonable suspicion to believe that the driver has violated the prohibitions of 49 C.F.R. § 382.307 Subpart B concerning alcohol and/or controlled substances. The university’s determination that reasonable suspicion exists to require the driver to undergo an alcohol and/or controlled substances test must be based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The observations may include indications of the chronic use and/or withdrawal effects of controlled substances or alcohol. (49 C.F.R. § 382.307(a) and (b))
Safety-Sensitive Function
All time from the time a driver begins to work or is required to be in readiness to work until the time they are relieved from work and all responsibility for performing work. Safety-sensitive functions shall include:
  • All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;
  • All time inspecting equipment as required by 49 C.F.R. §§ 392.7 and 392.8 of this subchapter or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;
  • All time spent at the driving controls of a commercial motor vehicle in operation;
  • All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of 49 C.F.R. § 393.76);
  • All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and
  • All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
(49 C.F.R. § 382.107)
Substance Abuse Professional (SAP)
A person certified by USDOT who evaluates employees who have violated DOT drug and alcohol regulations and makes recommendations concerning education, treatment, follow-up testing, and aftercare. (49 C.F.R. § 40)
Substituted Specimen
A urine specimen with creatinine and specific gravity values that are so diminished or so divergent that they are not consistent with normal human urine.
Scope:

This policy applies to University of Wisconsin-Madison employees whose current or new job responsibilities require a CDL and performance of safety-sensitive functions, as well as applicants for those positions.

Policy:

  1. Introduction

    Federal regulations pertaining to the operation of commercial motor vehicles preempt state and/or local regulations (49 C.F.R. § 382.109 and 49 C.F.R. § 384). The State of Wisconsin Department of Transportation adopts the federal motor carrier safety regulations of the United States Department of Transportation (Wis. Admin. Code Trans § 327.03). The University of Wisconsin-Madison complies with these regulations and expects employees and applicants to do the same. This policy provides a broad overview of the applicable legal requirements; however, it does not, nor is it intended to, communicate each and every detail of this expansive set of laws. For any applicant or employee who wishes to review the relevant laws, copies may be obtained by contacting their local human resources office. The regulations set the minimum requirements for testing. The university’s policy in certain instances may be more stringent. The driver is responsible for complying with the requirements set forth in this policy.

    The university is committed to maintaining a healthy, safe, drug-free work environment; safeguarding lives and property; enhancing service delivery; and ensuring the university’s operations are conducted safely and efficiently.

    Each employee covered under this policy must sign an Employee Acknowledgement form indicating receipt of this CDL: Alcohol and Controlled Substances Testing and Requirements policy. (49 C.F.R. § 382.601(d)).

  2. Prohibited Conduct

    1. In accordance with 49 C.F.R. § 382 Subpart B, a driver is prohibited from:

      1. Reporting for duty or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater, or a comparable concentration in urine.
      2. Using alcohol while performing safety-sensitive functions.
      3. Performing safety-sensitive functions within four hours after using alcohol.
      4. Using alcohol for eight hours following an accident, when required to take a post-accident alcohol test under 49 C.F.R. § 382.303.
      5. Refusing to submit to a pre-employment controlled substance test required under 49 C.F.R. § 382.301, a post-accident alcohol or controlled substance test required under 49 C.F.R. § 382.303, a random alcohol or controlled substances test required under 49 C.F.R. § 382.305, a reasonable suspicion alcohol or controlled substance test required under 49 C.F.R. § 382.307, a return-to-duty alcohol or controlled substances test required under 49 C.F.R. § 382.309, or a follow-up alcohol or controlled substance test required under 49 C.F.R. § 382.311. The university will not permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.
      6. Reporting for duty or remaining on duty requiring the performance of safety-sensitive functions when using any drug or substance identified in 21 C.F.R. § 1308.11 Schedule I.
      7. Reporting for duty or remaining on duty requiring the performance of safety-sensitive functions when using any non-Schedule I drug or substance that is identified in the other Schedules in 21 C.F.R. part 1308 except when the use is prescribed by a licensed medical practitioner, as defined in 49 C.F.R. § 382.107 who is familiar with the driver’s medical history and has advised the driver that the substance will not adversely affect the driver’s ability to safely operate a commercial motor vehicle.
      8. Reporting for duty, remaining on duty, or performing a safety-sensitive function when testing positive or adulterating or substituting a test specimen for controlled substances.

    2. A driver found to have an alcohol concentration of 0.02 or greater but less than 0.04 must not perform, nor be permitted to perform, safety-sensitive functions until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test.

    3. The University of Wisconsin prohibits drivers from:

      1. Violating the alcohol and controlled substances regulations 49 C.F.R. § 382 and 49 C.F.R. § 392.
      2. Violating other applicable federal, state, and/or local laws governing the use of alcohol and/or drugs.
      3. Buying, selling, soliciting to buy or sell, transporting, possessing, or using any illegal drug(s) while on duty or on university premises.
      4. Using or being under the influence of a legal drug while on duty that:
        1. Adversely impacts the driver’s ability to perform safety sensitive functions;
        2. Contains alcohol;
        3. Is not prescribed to the driver;
        4. Is not taken in accordance with label or licensed provider instructions.
      5. Testing positive for alcohol or drugs.
      6. Failing to contact the university, the respective medical review officer, and/or the substance abuse professional as required.
      7. Tampering with or interfering with drug and/or alcohol tests.
      8. Doing anything to obstruct the university’s alcohol and drug policies or otherwise violating this policy.

  3. Prescribed Medications

    1. Prescribed, lawful pharmaceuticals may be brought on the university premises subject to the following limitations:

      1. The employee provides a statement from their physician that the taking of the medication will not impair the performance of the employee’s assigned duties or create a reasonable possibility of harm to the employee, fellow employees, students, or the general public.
      2. The amount of the drug brought on premises is no more than that necessarily taken during the current work shift.
      3. Drivers must use non-impairing medications while driving CMVs.

    2. All drivers will inform their local human resources office of any therapeutic drug use prior to performing a safety-sensitive function. Drivers may be required to present written evidence from a health care professional which describes the effects such medications may have on the driver's ability to perform his or her tasks.

  4. Testing

    The University of Wisconsin-Madison is required by the DOT to conduct the following alcohol and/or drug tests per 49 C.F.R. § 382 and 49 C.F.R. § 40. A prospective or current employee must submit to alcohol and controlled substances tests administered in accordance with 49 C.F.R. § 382. In all circumstances, testing will follow the collection, chain-of-custody, and reporting procedures set forth in 49 C.F.R. § 40.

    1. Pre-employment/Pre-Duty Testing (49 C.F.R. § 382.301, 49 C.F.R. § 382.703, and 49 C.F.R. § 40.25)
      1. All driver applicants, having been conditionally offered a position with the university, will be required to submit to and pass a urine drug test as a condition of employment. An employee transferring to a safety-sensitive driving position is also subject to and must pass a urine drug test as a condition of the transfer.
      2. Each driver applicant will be asked whether they tested positive, or refused to test, on any DOT pre-employment drug test administered by an employer to which the driver applicant applied for, but did not obtain, safety-sensitive transportation work during the past two years. If the driver applicant admits that they have tested positive, or refused to test, on any DOT pre-employment test, the driver applicant may not perform any safety-sensitive functions for the university unless the driver applicant documents successful completion of the return-to-duty process.
      3. Those who are denied employment because of a positive test under another motor carrier or under the university’s DOT pre-employment testing, may reapply for employment with the university after six months. The DOT return-to-duty process must be completed prior to operating university commercial motor vehicles. 
      4. The university may not require a pre-employment drug test if the following conditions are met: 
        1. The driver has participated in a drug testing program meeting the requirements of the DOT regulations within the previous 30 days;
          1. while participating in this program the driver must have either been tested for controlled substances in the previous six months, or participated in a random drug testing program for the previous 12 months; and
          2. no prior employer of the driver has a record of violations of any DOT controlled-substance-use rule for the driver in the previous six months.
        2. Before any driver will be exempted from a pre-employment drug test, the university will contact the controlled substances testing program(s) in which the driver participates or has participated and obtain and retain the following information:
          1. the name of the program;
          2. the address of the program;
          3. verification that the driver participates or participated in the program(s);
          4. verification that the program conforms with the required procedures set forth in the DOT regulations;
          5. verification that the driver is qualified under the rules of the DOT regulations, including that the driver has not refused to submit to an alcohol or drug test;
          6. the date the driver was last tested for alcohol or drugs; and
          7. the results of any drug or alcohol test administered in the previous six months, and any violations of the prohibitions in the DOT regulations.
    2. Post Accident Testing (49 C.F.R. § 382.303)
      1. Drivers are to notify their local human resources office as soon as possible if they are involved in an accident.
      2. As soon as practicable following an accident, the university will require any involved individual to submit to a drug and alcohol test when the accident involves at least one of the following:
        1. a fatality,
        2. bodily injury with immediate medical treatment away from the scene and the driver received a citation, or
        3. disabling damage to any motor vehicle requiring tow away and the driver received a citation.
      3. The driver must remain readily available for testing. If the driver isn't readily available for alcohol and drug testing, they may be deemed as refusing to submit to testing. A driver involved in an accident may not consume alcohol for eight hours or until testing is completed.
      4. Every effort will be made to conduct post-accident drug and alcohol tests within two hours following an accident. Any individual involved in an accident must therefore remain readily available for testing and will be considered to have refused to submit to testing if they fail to do so. This requirement will not, however, require an individual to delay any necessary medical attention for injured people following an accident or to remain at the scene of an accident when their absence is necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
      5. If the alcohol test is not administered within two hours following the accident, the local human resources office or the employee’s supervisor will prepare a report and maintain a record stating why the test was not administered within two hours. If the alcohol test is not administered within eight hours following the accident, all attempts to administer the test will cease, and the local human resources office or the employee's supervisor will prepare a report and maintain a record stating why the test was not administered within eight hours.
      6. The drug test must be administered within 32 hours of the accident. If the test is not administered within 32 hours, all attempts to administer the test will cease, and the local human resources office or the employee’s supervisor will prepare and maintain a record stating the reasons why the test was not administered within the allotted time frame.
      7. A driver awaiting the results of a post-accident drug test will be placed on administrative leave with pay until the test results are received by the employer.
    3. Random Testing (49 C.F.R. § 382.305)
      1. The university will conduct random drug and alcohol testing for all drivers.
        1. The university will use a selection process based on a scientifically valid method, prescribed by the DOT regulations.
        2. Within each 12-month period, the university will conduct alcohol tests for at least 10% and drug tests for at least 50% of the total number of employees subject to DOT alcohol and drug testing, or place employees in a random selection pool with other CMV drivers that test at that rate.
        3. The random testing will be spread reasonably throughout the calendar year. All random alcohol and drug tests will be unannounced, with each driver having an equal chance of being tested each time selections are made.
      2. A driver may only be tested for alcohol while they are performing a safety-sensitive function, just before performing a safety-sensitive function, or just after completing a safety-sensitive function.
      3. Once notified that they have been randomly selected for testing, the driver must proceed immediately to the assigned collection site.
    4. Reasonable Suspicion Testing (49 C.F.R. § 382.307)
      1. Whenever the university (through the driver’s supervisor or another university official designated to supervise drivers) has reasonable suspicion to believe that a driver has engaged in any prohibited conduct, it will require the driver to submit to an alcohol and/or drug test. The basis for this decision will be specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver.
      2. The driver's supervisor or another university official will immediately remove the driver from any and all safety-sensitive functions and take the driver or make arrangements for the driver to be taken to a testing facility.
      3. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test will not administer the alcohol test. A reasonable suspicion alcohol test will only be required if the reasonable suspicion observations are made during, just preceding or just after the period of the workday that an employee is required to be in compliance with this policy.
      4. Per DOT regulation, if the driver tests 0.02 or greater, but less than 0.04, for alcohol, the driver will be removed from all safety-sensitive functions, including driving a CMV, until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test.
      5. If an alcohol test is not administered within two hours following a reasonable suspicion determination, the local human resources office or the employee's supervisor will prepare and maintain a record stating the reasons why the test was not administered within two hours. If the alcohol test is not administered within eight hours after a reasonable suspicion determination, all attempts to administer the test will cease, and the local human resources office or the employee's supervisor will prepare a report and maintain a record stating why the test was not administered within eight hours. 
      6. A written record of the observations leading to an alcohol or controlled substance reasonable suspicion test, signed by the supervisor or the university official who made the observation, will be completed within 24 hours of the observed behavior or before the results of the alcohol or controlled substances test are released, whichever is first.
      7. A driver awaiting the results of a reasonable suspicion drug test will be placed on administrative leave with pay until the test results are received by the employer.
    5. Return-to-duty Testing (49 C.F.R. § 382.309 and 49 C.F.R. § 40)
      1. Any employee in prohibited status in the USDOT Clearinghouse must complete return-to-duty testing.
      2. Any employee who is allowed to return to safety-sensitive duty after failing or refusing to submit to a DOT drug and/or alcohol test must:
        1. first be evaluated by a substance abuse professional (SAP),
        2. complete a SAP-required program of education and/or treatment, and
        3. undergo return-to-duty alcohol and/or controlled substance tests, with results indicating an alcohol concentration of less than 0.02 and a verified negative for controlled substances use, respectively.
      3. Return-to-work drug testing will be done under direct supervision.
    6. Follow-up Testing (49 C.F.R. § 382.311 and 49 C.F.R. § 40) 
      1. Following a driver's violation of the DOT regulations, the driver will be subject to follow-up testing. 
      2. Follow-up testing will be unannounced. 
      3. The number and frequency of such follow-up testing will be directed by the SAP and consist of at least six tests in the first 12 months. 
      4. Follow-up testing may be done for up to 60 months. 
      5. Follow-up drug tests will be conducted under direct observation. 

  5. Testing Procedures

    1. A current or prospective employee will be referred to the University of Wisconsin-Madison’s approved vendor which provides alcohol and controlled substances testing services for the university in compliance with 49 C.F.R. § 40.
    2. At the time of testing, the current or prospective employee must provide positive identification, a photo ID issued by the university or a federal, state, or local government.
    3. Alcohol tests are to be administered by a Breath Alcohol Technician (BAT) using an approved Alcohol Screening Device (ASD) to measure alcohol in bodily fluids or Evidential Breath Testing (EBT) device (49 C.F.R. §§ 40.229 and 40.231). 
    4. Controlled substances tests will screen for marijuana metabolites, cocaine metabolites, amphetamines, opioids, and phencyclidine. (49 C.F.R. § 40.82).
    5. To protect the security and integrity of collections for drug tests, collectors and C/TPAs must abide by the requirements of 49 C.F.R. §§ 40.43 and 40.48.
    6. To validate drug test results, collectors and C/TPAs must abide by the requirements of 49 C.F.R. §§ 40.86 and 40.87, as well as 49 C.F.R. §§ 40.92 and 40.93.

  6. Refusal to Submit

    1. A driver who refuses to submit to any drug and/or alcohol test as required by this policy will incur the same consequences as testing positive and will be immediately removed from performing safety-sensitive functions, and referred to a SAP.
    2. Refusal to submit means that a driver:
      1. Fails to appear for any test (except pre-employment) within a reasonable time, as determined by the University, consistent with applicable DOT regulations, after being directed to do so by the University. This includes the failure of a driver (including an owner-operator) to appear for a test when called by a C/TPA;
      2. Fails to remain at the testing site until the testing is complete (except pre-employment if the driver leaves before the testing process begins);
      3. Fails to provide a urine specimen for any DOT required drug test (except pre-employment if the driver leaves before the testing process begins);
      4. In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the driver's provision of the 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, or as directed by the DER. (In the case of a 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 (e.g., refuses to empty pockets when directed by the collector, behaves in a confrontational way that disrupts the collection process, fails to wash hands after being directed to do so by the collector).
      9. For an observed collection, fails to follow the observer’s instructions to raise their clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if they have any type of prosthetic or other device that could be used to interfere with the collection process.
      10. Possesses or wears a prosthetic or other device that could be used to interfere with the collection process.
      11. Admits to the collector or MRO that they adulterated or substituted the specimen.
      12. Is reported by the MRO as having a verified adulterated or substituted test result.
    3. In addition to being removed from service as required by DOT regulations, a driver who refuses to submit will also be subject to discipline up to and including dismissal.

  7. Notifcations and Reporting

    1. The employee, the Medical Review Officer, and the university all have a role to play in notification and reporting of alcohol and drug tests, and related violations as required in 49 C.F.R. § 382, 49 C.F.R. § 383, 49 C.F.R. § 392, and 49 C.F.R. § 40.
    2. Except for parking violations, a driver is required to report all charges related to traffic violations, including drug and/or alcohol-related offenses to their supervisor within twenty-four (24) hours of being charged/ticketed.
      1. This includes moving/traffic violations that occur in any motor vehicle, e.g., personal or work.
      2. A driver must also immediately report the dispositions (e.g., convictions, dismissal) of such charges.
      3. Failure to make the required report constitutes a violation of this policy and will result in disciplinary action, up to and including dismissal.
    3. A driver must provide written notice of all traffic violation convictions (excluding parking violations) pursuant to 49 C.F.R. § 383.31.
    4. A driver must notify their supervisor if their license is suspended, revoked, canceled, or if they are disqualified from driving. The notification must be made by the end of the next business day following receipt of the notice of the suspension, revocation, cancellation, lost privilege, or disqualification.
    5. A driver is prohibited from engaging in any safety-sensitive function without the appropriate license.
    6. The university may not knowingly use a driver who has more than one license or is disqualified from driving, or whose license is suspended, revoked, or canceled. Violation of this requirement may result in civil or criminal penalties.
    7. The university utilizes the USDOT Clearinghouse. The following information will be reported to the Commercial Driver’s License Drug and Alcohol Clearinghouse (49 C.F.R. §382.705) by:
      1. A prospective/current employer of the driver or the service agent acting on behalf of the current employer
        1. An alcohol confirmation test with a concentration of .04 or higher
        2. Refusal to test (alcohol) as specific in 49 C.F.R. § 40.261
        3. Refusal to test (drug) not requiring a determination by the MRO as specified in 49 C.F.R. 40.191
        4. Actual knowledge, as defined in 49 C.F.R. §382.107, that a driver has used alcohol on duty, used alcohol within four hours of coming on duty, used alcohol prior to post-accident testing, or has used a controlled substance
        5. Negative return-to-duty test results (drug and alcohol testing, as applicable)
        6. Completion of follow-up testing
      2. MRO
        1. Verified positive, adulterated, or substituted drug test result
        2. Refusal to test (drug) requiring a determination by the MRO as specified in 49 C.F.R. 40.191
      3. SAP
        1. Identification of driver and date the initial assessment was initiated
        2. Successful completion of treatment and/or education and the determination of eligibility for return-to-duty testing

  8. Education and Training

    1. Supervisors and/or other designated individuals who are authorized to make reasonable suspicion determinations must receive at least 60 minutes of training on the physical, behavioral, and performance indicators of probably drug use and at least 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse. Supervisors and/or other designated individuals are required to sign the Acknowledgement of Training for Supervisors/Designated Individuals form upon completion of training.
    2. All employees who receive a copy of this policy will be required to sign a statement certifying that they have received a copy of the same.

  9. Employee Assistance Office

    The university’s Employee Assistance Office (EAO) is available to provide information, referral and support to an employee seeking alcohol and drug abuse treatment services. Any employee is encouraged to use this program and seek assistance before the misuse of alcohol and/or controlled substances become a problem and lead to disciplinary action. Where circumstance indicates a work rule violation, the use of EAO will not be a defense to avoid disciplinary action.

  10. Consequences for Violations

    1. An employee who holds a CDL license must meet standard driver authorization requirements in accordance with UW-Madison Risk Management and the Wisconsin Department of Administration. An employee who does not qualify for or loses their standard driver authorization will be disqualified from driving for the university.
    2. An employee who engages in any conduct that violates state or federal regulations and/or provisions of this policy, including refusal to submit to an alcohol or controlled substance test, and the misuse of alcohol or the use of controlled substances, tampering and/or interfering with alcohol and drug tests, will be subject to discipline up to and including dismissal.

  11. Record Retention and Confidentiality

    1. The university is required to maintain employee records related to this policy in a location with controlled access and in accordance with 49 C.F.R. § 382 and 49 C.F.R. § 40.
    2. Except as otherwise provided, the university is prohibited from releasing individual test results or medical information about an employee to third parties without the employee’s specific written consent. (49 C.F.R. § 40.321)

  12. Contact

    For questions about this policy, please contact Office of Human Resources Workforce Relations-Compliance at hrcompliance@ohr.wisc.edu.

Related UW-Madison Policies:
Related UW–Madison Documents, Web Pages, or Other Resources:
External References:

Policy Administration

Approval Authority:
Vice Chancellor for Finance and Administration
Policy Manager:
Associate Vice Chancellor/Chief Human Resources Officer
Contact:
Employment Relations Director -- Megan Dzyuba, wr@ohr.wisc.edu, (608) 890-3663
Effective Date:
10-31-2024
Date Issued:
10-31-2024
Retrieved:
12-14-2024 07:33:46