Administrative Regulation:  U.S. Department of Alcohol and Controlled Substance Testing

Regulation Number:  3.14.1

_____________________________________________________________________________________

Eastern Wyoming College abides by employment drug testing established by the Omnibus Transportation Employee Testing Act of 1991. Persons affected include all employees who are required to hold a commercial driver’s license (CDL) and/or work in a program area where drug testing is an industry standard. These covered employees will be subject to pre-employment, random, post-accident, return- to-duty, and follow up testing. Employees who do not meet the previous stated criteria are subject to reasonable suspicion and return-to-duty testing. Volunteers are subject to reasonable suspicion and return-to-duty testing.

Eastern Wyoming College will designate a clinic or facility where applicants or employees may present themselves for the purposes of providing a specimen of their urine to be analyzed for the presence of drugs or a collection and analysis of breath for alcohol presence. An evidential breath tester (EBT) will be used to measure alcohol levels. A urine sample will be used to test for controlled substances. An alcohol level of less than 0.02 and/or a negative result for a controlled substance is considered a negative result.

An alcohol level of 0.02 or greater and/or a positive result for a controlled substance is considered a positive result. Refusal to take a drug or alcohol test including, not showing up for a test, any conduct that interferes with the testing methodology or prohibits the completion of the test, adulterating or substituting a sample is considered a failed test.

The human resource director is responsible for maintaining compliance with this policy and for overseeing the following processes and procedures:

Pre-employment Testing:

A conditional offer of employment is made to a job candidate. If the candidate accepts the conditional offer, the Human Resources Department will obtain a signed consent form authorizing the college access to the test results and will schedule a drug and alcohol test for the candidate prior to the candidate’s first day of employment. The Human Resources Department will rescind the employment offer of any candidate who has a positive test result.

Post-Accident Testing:

The Human Resources Department will schedule a drug and alcohol test for any covered employee who has been involved in an accident in the workplace or while the employee was acting in an official work capacity on or off campus if 1) the accident resulted in a fatality, 2) the employee driving the vehicle is cited for a moving violation, 3) either vehicle is towed from the scene, or 4) someone is evacuated from the scene of an accident for medical reasons.

  1. The employee is required to take the drug and alcohol test within two hours of the accident, if If testing cannot occur within two hours of the accident, the testing will occur as soon as reasonably possible following the accident.
  2. The college will suspend without pay any employee who has a positive test result.
  3. Employee is subject to return-to-duty testing.

Random Testing:

The college’s testing agency will annually select fifty percent of the covered employees in their group for random, unannounced drug testing. The testing agency will notify the Human Resources Department when a college employee has been selected for random testing.

  1. The Human Resources Department will notify employees selected for random testing after they have reported for duty and will schedule the test during the employee’s scheduled workday.
  2. The employee will take the drug test at the scheduled time.
  3. The college will suspend without pay any employee who has a positive test result.
  4. Covered employees are subject to return-to-duty testing.

Reasonable Suspicion Testing:

Supervisors notify the Human Resources Department when they have reasonable suspicion based on direct observation of an employee’s appearance, behavior, speech, or smell that an employee is under the influence of drugs or alcohol. Supervisors must make the observation during the employee’s scheduled workday or immediately prior to or following the workday. Any employee may be subject to reasonable suspicion testing if it is determined there is reasonable basis to believe an employee may be using drugs or alcohol or be under the influence of drugs or alcohol in the workplace.

  1. The Human Resources Department will notify the employee if there is reasonable suspicion that the employee is under the influence of drugs or alcohol and that the employee will need to take a drug A campus security employee/designee will escort the employee to the testing agency and will ensure that the employee has a means to get home safely.
  2. The college will suspend without pay any employee who has a positive test result.
  3. Covered employees are subject to return-to-duty testing.

Return-to-Duty Testing:

Any employee who has a positive test result may not return to work in a covered position until the employee has completed the following requirements. Any cost associated with these requirements are the employee’s responsibility.

  1. Submit to an evaluation by a substance abuse professional.
  2. Successfully complete any education, counseling, or treatment prescribed by the substance abuse professional prior to returning to work.
  3. Provided a negative test result for drugs and and alcohol are subject to disciplinary action up to termination.

Follow-up Testing:

The Human Resources Department will work with a substance abuse professional to determine the length of follow-up testing for covered employees. Covered employees are subject to a minimum of 6 unannounced drug and alcohol tests for 12 months after returning to work in a covered position. Follow-up testing may continue for up to 5 years. Any cost associated with follow-up testing is the employee’s responsibility. Covered employees who receive a positive follow-up test result for drugs and alcohol are subject to disciplinary action up to termination.

 

Original Adoption Date: 6/11/96

Revision Date(s): 11/8/05(RF), 8/13/13, 4/27/20

Date reviewed, no change: