Drug and Alcohol Policy for Motor Vehicle Operation

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Introduction.

Northeast Alabama Community College (NACC) is committed to ensuring a safe and drug-free environment within its institutions. In accordance with federal regulations, including the Omnibus Transportation Employee Testing Act of 1991, and the Drug & Alcohol Clearinghouse maintained by the Federal Motor Carrier Safety Administration (FMCSA), NACC has developed the following guidelines to maintain compliance and promote safety among its employees and students.

Driver Authorization.

Employee Actions Requiring Driver Authorization.

Employees must obtain a Driver Authorization from the President or President’s designee prior to taking any of the following actions:

  1. Operating college vehicles, with or without passengers.
  2. Transporting personnel or students to a college-approved event, in a college vehicle or a personal vehicle;
  3. Driving a personal vehicle to a college-sponsored event, whether or not the employee is transporting other employees or students;

Driver Authorization Requirements.

To receive a Driver Authorization, employees must:

  1. Complete periodic training on safe driving expectations, conducted by NACC;
  2. Review and acknowledge the Drug and Alcohol Abuse Prevention Program;
  3. Review and acknowledge the Drug and Alcohol Policy for Motor Vehicle Operation; and
  4. Submit the Driver Authorization Form (available on the NACC Forms Page) and receive approval on the form from the President or the President’s designee.

College Vehicles.

For all personnel approved to use a college vehicle, in addition to the above-listed requirements, NACC will obtain and place in the employee file a lifetime Motor Vehicle Report (MVR) from the Alabama Law Enforcement Agency (ALEA).

Revocation.

The President or President’s designee may revoke an employee’s Driver Authorization at any time.

Commercial Driver’s License (CDL) Requirements.

Individuals subject to CDL Requirements.

  1. Employees and potential employees are subject to Commercial Driver’s License (CDL) Requirements if they are any of the following:
    1. Individuals being hired for, promoted to, or considered for positions requiring a CDL;
    2. Employees and potential employees obtaining or maintaining a CDL who may use such license to perform any duties of their job at NACC; and
    3. CDL program third party examiners.
  2. Students participating in CDL programs are subject to all CDL requirements for employees and potential employees, including drug and alcohol testing, during the term of such participation. NACC will maintain a driver qualification file for such students in the office of the CDL Program Coordinator.
  3. Anyone who, on behalf of NACC, drives a commercial motor vehicle or vehicle requiring a CDL. The NACC Human Resources Office will maintain a driver qualification file for such individuals.

CDL Pre-Employment procedures.

Before hiring, promoting, or considering employment of individuals subject to this section or enrolling individuals in a CDL program, NACC will:

  1. Conduct pre-employment drug and alcohol testing and place copy of results in employee file, in compliance with 49 CFR 382.103;
  2. Obtain and place in employee file a lifetime Motor Vehicle Report (MVR) from the Alabama Law Enforcement Agency (ALEA);
  3. Obtain, place in employee file, the following information from the Drug & Alcohol Clearinghouse: real-time information about any drug and alcohol program violations; driver qualifications; and hiring prohibitions;
  4. Obtain and place in employee file a copy of the individual’s driver license;
  5. Obtain and place in employee file a copy of the individual’s Department of Transportation (DOT) Medical Card for Third Party Examiners, if applicable.

Random Drug and Alcohol Testing.

NACC will follow annual Department of Transportation (DOT) requirements for annual minimum testing rates by conducting random drug and alcohol testing. Drug and alcohol testing for employees will be coordinated by the Office of Human Resources. Compliance with drug and alcohol testing requirements for CDL students will be managed by the CDL Program Coordinator.

Post-Accident Procedures.

In the event of a motor vehicle accident involving both a commercial motor vehicle and injury, death, vehicle towing, or citation issuance, the following procedures must be followed:

The employee(s) must notify the Office of Human Resources, as immediately following the accident as possible. If the accident occurs on Campus, the employee(s) should first contact the Campus Police. In the instance of a CDL student accident, the CDL instructor assigned to the student must notify the CDL Program Coordinator as immediately as possible following the accident. The CDL Program Coordinator will also notify the Office of Human Resources of the student-involved accident.

Mandatory drug and alcohol testing shall be conducted for involved employee(s) and CDL students in compliance with federal regulations. Within two hours following the accident, the employee or CDL Program Coordinator (for student accidents) must notify the testing facility designated by NACC of the accident, and follow the instructions provided by the testing facility.

Under no circumstances will the employee be allowed to drive himself or herself to the testing facility. Campus Police or other individual designated by the Office of Human Resources must transport the employee or arrange for a cab and arrange for the employee to be transported home.

Collection and Testing Procedures.

Individuals subject to drug and alcohol testing will be tested at a testing facility designated by NACC and must follow the policies and procedures of the testing facility. Coordination of the testing will be completed by the Office of Human Resources. Testing shall be conducted using FMCSA-approved tests. Test results are provided to the Office of Human Resources Directly by the testing facility for employee evaluations and to the CDL Program Coordinator for student evaluations.

Reporting, Updating and Responsibilities to Inform.

  1. Employees and Students:
    1. Any employee who was recently or is currently using certain physician-prescribed drugs, or other medication that may affect that person’s test results and/or ability to perform his/her duties, has a special obligation to notify the Office of Human Resources.
    2. Employees who fail a drug or alcohol test and are listed in the Drug and Alcohol Clearinghouse must notify their immediate supervisor and inform the Alabama Law Enforcement Agency.
    3. Students who are listed in the Drug and Alcohol Clearinghouse must notify their instructor, the CDL Program Coordinator, and must inform the Alabama Law Enforcement Agency. The CDL Program Coordinator should inform the Office of Human Resources of such reports.
  2. NACC Obligations to Update and Inform:
    1. NACC will annually check for updated information from the Drug & Alcohol Clearinghouse and will place all updates in the employee files.
    2. Information of a failed test by a student enrolled in a CDL program will be shared as soon as possible with the President and the CDL Program Coordinator, so that delays will not hinder a student or students’ ability to obtain a quality education and training and job/career in business and industry.
    3. Information of a failed test that will affect programing will be shared with the President or President’s designee, the CDL Program Coordinator, and the Dean of Workforce Development and Skills Training.
    4. Information of a failed test will be reported to the Drug & Alcohol Clearinghouse as required by applicable regulations.

Consequences.

Employees who refuse to cooperate in required tests, who test positive, or otherwise violate this policy, will be subject to discipline, up to and including termination.

Students participating in CDL programs who refuse to cooperate in required tests, who test positive, or otherwise violate this policy, will be subject to discipline, up to and including removal from CDL programs and/or expulsion.

Confidentiality.

Information and records relating to positive test results, drug and alcohol dependencies, and legitimate medical explanations provided will be kept confidential to the extent required by law and maintained in secure files separate from normal personnel files. Such records and information may be disclosed among administrators and/or supervisors on a need-to-know basis and may also be disclosed when relevant to a grievance, charge, claim or other legal proceeding initiated by or on behalf of an employee or applicant.

Enforcement.

The President or his/her designee are responsible for the interpretation, administration, and enforcement of this policy.