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University Policy 26

COMMERCIAL DRIVER鈥橲 LICENSE ALCOHOL AND DRUG TESTING

Initially approved: December 2, 2025

Policy Topic: Personnel
Administering Office: Office of Human Resources

I. POLICY STATEMENT

It is the policy of 甜瓜视频app (WCU) that no Commercial Driver鈥檚 License (CDL) holder will be permitted to perform job duties while under the influence of alcohol or controlled substances as identified in this policy. This is a zero-tolerance policy due to the potential consequences of alcohol and illegal controlled substance misuse, which can range from injury or equipment damage to the death of co-workers, students, or the traveling public. Compliance with this policy is a minimum standard of conduct, a condition of employment, and will not be lessened or waived under any circumstance.

II. SCOPE AND APPLICATION OF POLICY

By authority of the Omnibus Transportation Act of 1991, federally mandated controlled substances and alcohol testing, when appropriate, will be performed for WCU鈥檚 CDL holders. Employees required to hold a CDL based on their duties are subject to testing. This includes temporary and permanent full-time and part-time employees, probationary employees, trainees, and student drivers. A CDL is required for:

  • Vehicles with a gross weight rating of 26,001 or more pounds.
  • Vehicles designed to transport 16 or more passengers, including the driver.
  • Vehicles used to transport hazardous materials requiring placarding in accordance with the Hazardous Materials Transportation Administration.

It is the responsibility of supervisors, management, and CDL holders to become familiar with WCU鈥檚 expectations and to comply with the provisions of this policy.

III. PURPOSE

This policy ensures full compliance with the U.S. Department of Transportation (USDOT) standards promulgated by the Federal Motor Carrier Safety Administration (FMCSA) for commercial vehicle operators. In the event of a conflict between this policy and related federal law or policy, the federal law or policy shall govern.

IV. PROHIBITED CONDUCT

Drivers covered by this policy are prohibited from engaging in conduct that impairs their ability to perform job functions safely. Supervisors and managers with knowledge of such conduct must not permit the employee to engage in CDL-related functions. The following conduct is specifically prohibited:

  1. Alcohol
    1. A. CDL holder may not report for duty or stay on duty: a. With an alcohol concentration of 0.02 or greater. b. If in possession of alcohol (including any product, medication, food, or other, containing alcohol, regardless of content). c. If using alcohol. d. Within four (4) hours of using alcohol.
    2. An employee with a confirmed level of alcohol equal to or greater than 0.02 but less than 0.04 will be removed from safety-sensitive duty for 24 hours or, at the discretion of the employer, until the confirmed level is below 0.02 and will be subject to section VII below.
    3. An employee involved in an on-the-job accident may not use alcohol until post-accident testing is completed or for a period of eight (8) hours, whichever comes first.
  2. Controlled Substances
    1. Employees may not report for duty or stay on duty while using any controlled substance, except when prescribed by a physician who has advised that it does not interfere with the employee鈥檚 ability to perform their job. A CDL holder who is being prescribed medications, must provide a written, signed statement from the prescribing physician stating that the physician is aware that the employee operates commercial vehicles as a part of the duties and confirming that the employee should be able to operate safely while following the physicians instructions.
    2. Employees may not report for duty or stay on duty if they have tested positive for a controlled substance.

V. CIRCUMSTANCES FOR TESTING 

Testing shall be conducted in accordance with 49 CFR Part 382 and 49 CFR Part 40, including breath alcohol testing and drug testing for controlled substances. Testing circumstances include:

  1. Pre-employment Testing
    Testing for controlled substances is required before a new hire is permitted to operate a commercial vehicle or perform a safety-sensitive function.

    甜瓜视频app will conduct a full query on each applicant for a position requiring a CDL through the FMCSA Drug & Alcohol Clearinghouse.  The applicant must provide consent for the query electronically through the applicant鈥檚 Clearinghouse file for the application to proceed.  Applicants will be provided instruction for establishing a driver file if needed.  

    If the applicant has been employed in any other USDOT mode (Federal Transit Administration, Federal Rail Administration, Federal Aviation Administration, or Pipeline and Hazardous Materials Safey Administration) during the previous three years, the University representative will verify the USDOT employment during the past three years, confirm whether the candidate has had a positive alcohol/drug test or refusal to test within the last three years, and have the candidate sign a Consent for Release of Alcohol and Drug Misuse and Testing Form. This form is sent to the candidate鈥檚 employers from the past three years of USDOT work to obtain previous testing results. If the candidate does not grant permission, they are ineligible for employment.

    If a positive response is received, the applicant may be removed from consideration, or the University may allow hiring with proof of completion of return-to-duty requirements from the previous employer. The hiring department ensures the candidate completes (or has completed) the substance abuse treatment program, including follow-up testing, as recommended by the substance abuse professional.

  2. Post-accident Testing Post-accident testing is required when:
    1. A human fatality occurs, regardless of fault.
    2. The CDL driver is cited for a moving violation and anyone, including the driver is treated for injury away from the scene of the accident.
    3. The CDL driver is cited for a moving violation and a vehicle suffers disabling damage as determined by the investigating officer.

      As soon as possible after an accident, a supervisory-level employee will escort the employee to the specimen collection location, with transportation provided. The employee will be placed on investigatory placement for testing.

      NOTE: Any covered employee involved in an accident must refrain from alcohol use for eight (8) hours following the accident, or until he/she undergoes a post-accident alcohol test.

  3. Random Testing 

    Unannounced random testing will be conducted annually on a certain number of CDL holders. Employees selected from a pool must be tested just before, during, or immediately after performing CDL-related job functions.  Upon notification of the requirement for random testing, the employee must proceed immediately to the designated collection site and remain there until the completion of the required testing.

  4. Testing for Reasonable Suspicion

    Testing may be performed if trained supervisors or managers have reasonable suspicion that a CDL holder鈥檚 behavior or appearance indicates alcohol or controlled substance use. The determination must be based on:
    1. Visual or aural observations by a supervisor or official trained per alcohol and controlled substances regulations.
    2. Specific observations concerning appearance, behavior, speech, or body odor documented in writing by the Supervisor making the observation.
    3. Observations made just before, during, or just after job function performance.

  5. Return to Duty and Follow-up Testing 

    Return-to-duty testing is required for employees resuming work after violating this policy. Required results include:
    1. An alcohol concentration of less than 0.02.
    2. A verified negative controlled substance test.
    3. At least six (6) unannounced follow-up tests during the first year back in the position. 

VI. REFUSAL TO BE TESTED 

The following are considered refusals to test and treated as a 鈥減ositive鈥� test result:

  • Failure to appear for testing.
  • Not appearing in a timely manner as determined by WCU.
  • Leaving the collection site before testing is completed.
  • Failure to provide a specimen.
  • Failure to allow direct observation for reasonable suspicion.
  • Providing an insufficient specimen without a valid medical reason.
  • Failure to undergo a medical examination when directed.
  • Failure to cooperate with the testing process.
  • Providing an adulterated, substituted, or diluted specimen.
  • Leaving the scene of an accident without a valid reason before testing.

Employees who refuse testing are subject to disciplinary action, up to and including dismissal, and will be referred to a substance abuse professional (SAP).

VII. CONSEQUENCES OF VIOLATIONS OF THIS POLICY

Any employee who violates the requirements of this policy will be subject to federal civil and criminal penalties and the WCU disciplinary procedure.

WCU will advise a driver who has engaged in conduct prohibited by this policy of the resources available to the driver for evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs.

Any driver who engages in conduct prohibited by this policy shall not perform any safety-sensitive function in the absence of an evaluation by a substance abuse professional (SAP) and successful completion of any required testing and other assistance needed to resolve the driver's problems associated with alcohol misuse and controlled substances use. WCU is not required to pay for the driver's treatment. It is within WCU鈥橲 discretion as to whether the driver's position will remain open during treatment.

WCU is required to report violations to the North Carolina Division of Motor Vehicles for holders of North Carolina Commercial Driver License or Commercial Learner Permits.  This report will result in a mandatory 30-day revocation of all driving privileges and the surrender of the license.  (If otherwise qualified, the driver may apply for and receive an operator license during this revocation).  The revocation of the commercial license or learner permit will remain in effect until successful return to duty testing has been completed and restoration fees have been paid.

A report must also be made to the FMCSA Clearinghouse regarding violations.  This will result in the driver being prohibited from operating commercial vehicles until return to duty processes have been completed.

VIII. TESTING INFORMATION 

Testing facilities must perform split specimen collection. Employees or applicants testing positive for drugs may request a re-test of the split specimen at their expense. If employed, the individual will be placed on investigatory placement with pay pending re-test results.

  1. Controlled Substances

    Testing involves providing a urine specimen for urinalysis at an approved clinic or medical facility. The process is strictly controlled for accuracy and confidentiality, conducted by Department of Health and Human Services (DHHS)-certified laboratories. Testing covers:
    1. Marijuana
    2. Cocaine
    3. Opioids (Heroin, codeine, morphine, hydrocodone, hydromorphone, oxycodone, and oxymorphone).
    4. Phencyclidine (PCP)
    5. Amphetamines, including methamphetamines and Ecstasy

      Specimens undergo an initial screen and confirmation of positive results. Results are reported to a Medical Review Officer (MRO) with the group providing the testing, who contacts the employee to rule out influencing factors. Results are provided to WCU鈥檚 Human Resources Director and disclosed only to authorized personnel.

  2. Alcohol Testing 

    Alcohol testing uses a breathalyzer at an approved facility, conducted by a certified Breath Alcohol Technician (BAT). The process ensures accuracy and confidentiality. Employees must provide identification and sign a consent form; refusal is considered a positive test result.

    A screening test is followed by a confirmation test if the reading is 0.02 or greater, conducted 15鈥�20 minutes later. The confirmation test is the final result. The BAT shows the employee the results, and both sign the test form. Results are provided to WCU鈥檚 Human Resources Director confidentially.

    If an employee cannot provide adequate breath:
    1. The BAT attempts another test.
    2. If unsuccessful, the BAT notes this and notifies the Human Resources Director.
    3. The employee must be evaluated by a WCU-approved physician to determine if a medical condition prevents testing. A written statement from the physician avoids a refusal-to-test designation. 

IX. POSITIVE TEST RESULTS

The University reports positive test results to the North Carolina Division of Motor Vehicles (DMV) within five business days of confirmation.

For alcohol concentrations of 0.02鈥�0.0399, the employee is removed from safety-sensitive duties for 24 hours and evaluated by their supervisor for return approval. Permanent employees face disciplinary action, up to dismissal, per WCU鈥檚 policy for unacceptable conduct.

For positive drug tests or alcohol concentrations of 0.04 or greater, the employee is immediately removed from safety-sensitive duties and faces disciplinary action, up to dismissal. They are provided information for a substance abuse evaluation by an SAP, available through the EAP or, for student drivers, the appropriate Student Affairs office.

If allowed to return, the employee must complete the evaluation, recommended treatment, and produce a negative test result. They are subject to at least six follow-up tests in the 12 months post-return. WCU is not required to pay for rehabilitation or hold a job open.

Failure to complete the recommended treatment program results in disciplinary action, up to dismissal.

X. ACCESS TO RECORDS AND CONFIDENTIALITY

  1. Except as required by law or this policy, WCU will not release employee information in testing records.
  2. Employees may obtain copies of their records upon written request.
  3. WCU must provide test results and facility access to USDOT agencies, state/local officials with regulatory authority, or the National Transportation Safety Board (NTSB) for accident investigations.
  4. Records are provided to future employers upon the employee鈥檚 written request.
  5. Records may be disclosed to decision-makers in lawsuits, grievances, or proceedings initiated by the employee arising from test results or violations.
  6. Other disclosures require the employee鈥檚 written consent.

XI. EMPLOYEE NOTIFICATION OF TEST RESULTS

  1. Pre-employment test results are provided if requested within 60 days of employment application status notification.
  2. Random, reasonable suspicion, and post-accident results (including the substance name) are provided if verified positive.

If the MRO cannot contact the employee, WCU will attempt to facilitate contact within 24 hours to discuss results, notifying the MRO of the contact.

XII. RELEASE OF TEST INFORMATION BY PREVIOUS EMPLOYERS

  1. With employee consent, WCU may obtain test information from previous employers.
  2. This information must be reviewed within 14 days of employment start.
  3. Information release must protect employee confidentiality.
  4. WCU cannot allow a CDL holder to perform safety-sensitive functions if previous employer information indicates: a. An alcohol concentration of 0.04 or above. b. A verified positive controlled substances test. c. A refusal to submit to testing. Unless a substance abuse professional鈥檚 evaluation clears the employee for duty.

XIII. EMPLOYEE ASSISTANCE PROGRAM REFERRAL, EVALUATION, AND TREATMENT

WCU provides access to treatment through the Employee Assistance Program (EAP). WCU will not:

  1. Pay rehabilitation costs.
  2. Authorize paid administrative leave.
  3. Be obligated to hold a job open or refrain from initiating termination if in the best interest of the university.

Permanent employees violating this policy may not use accrued vacation or sick leave. Follow-up testing may continue for up to five years after return to work, as recommended by the EAP beyond the initial six tests.

XIV. POLICY REVIEW

This policy shall be reviewed and revised as necessary every two (2) years.

XV. ADDITIONAL RESOURCES AND PROCEDURES

: 202.366.3784
: 800.729.6686
: 855.399.2524