A Supplement To System Regulation 34.02.01
Approved
1. General
The Texas A&M Transportation Institute (TTI) is fully committed to protecting the safety, health, and well being of its employees—including student employees—and all those who come in contact with TTI property and facilities. Because drug and alcohol abuse poses a direct and substantial threat to this effort, TTI is equally committed to providing its employees a drug and alcohol free workplace. The procedures contained in this rule will assist all TTI administrative units in complying with System Policy 34.02 Drug and Alcohol Abuse and Rehabilitation Programs and System Regulation 34.02.01, Drug and Alcohol Abuse and Rehabilitation Programs. This rule addresses: 1) alcohol use and abuse; 2) the illegal use and sale, or possession of drugs; and 3) the misuse of drugs including over-the-counter and prescription drugs.
1.1 Consistent with TTI’s commitment to substance abuse prevention, the Institute provides its employees, as an employee benefit, access to Texas A&M University’s Employee Assistance Program (EAP). The EAP is available to TTI employees and their family members for confidential assistance with drug and alcohol problems, as well as other personal problems. Employees are advised of this benefit during new employee orientation and via the TTI intranet.
2. Prohibition and Consequences
TTI prohibits the unlawful manufacture, distribution, possession or use of illicit drugs or alcohol on TTI/System property and/or while on official duty and/or as part of any TTI/System activities. Illicit drugs include all drugs for which possession is illegal under Federal or state law, including prescription drugs without a valid prescription. The purchase, consumption and possession of alcoholic beverages in facilities or vehicles under the control of TTI shall in all respects comply with state law and with guidelines as defined in System Policy 34.02 and 34.03. Failure to comply with this rule may result in disciplinary action, up to and including termination. An employee who violates any of the drug laws will be reported to the appropriate law enforcement agency and will be subject to prosecution in accordance with the law. Legal sanctions for violation of local, state and Federal laws may include,
but not be limited to: fines, probation, jail or prison sentences.
2.1.1 If an employee is found to be in violation of this Rule and is not terminated, the employee may be permitted to return to work if:
- The employee successfully completes a program evaluation and, if required, completes a treatment program. The employee must bear any cost above and beyond what their health plan does not pay.
- The employee signs an agreement, which includes a requirement for unannounced follow-up testing for a period not to exceed two years and up to 60 months for positions that are DOT-regulated. If the employee tests positive or refuses to submit to testing during this required period, the employee will be terminated.
3. Responsibility
It is the responsibility of each employee to report suspected violations of this rule to their immediate supervisor or to the Human Resources Office. Employees are to report to their supervisors any use of a prescribed or over-the-counter medication that could adversely affect their job performance. This medical information will be kept confidential and shared only with personnel on a need-to-know basis. Those employees working in safety or security sensitive positions may be transferred or placed on leave in accordance with leave provisions for as long as the medication adversely affects the employee. In the event that an employee is convicted of a criminal drug offense, the employee must report it to their supervisor within 5 days of the conviction.
As a condition of continued employment, employees must report any criminal drug or alcohol statute conviction for a violation occurring in the workplace or on TTI business to the administrative head of the unit through their supervisor no later than five days after such conviction. The administrative head of the unit shall report such conviction to the Director no later than two days after notification from the employee.
In the case of an employee who is directly engaged in the performance of work on a federal contract or grant, the Director or his designee must notify the contracting federal agency within 10 days after receiving notice from an administrative head or otherwise receiving actual notice of such conviction. In either case, TTI will take appropriate disciplinary action within 30 days. Disciplinary actions include, but are not limited to, termination of employment, or requiring the employee to satisfactorily participate in an approved drug abuse assistance or rehabilitation program.
4. Drug and Alcohol Testing
All TTI employees are subject to reasonable suspicion testing for drugs and/or alcohol whenever the CEO, upon recommendation of the Executive Associate Director and the Human Resources Officer, has reason to believe that any employee may have used drugs or alcohol in violation of this rule. Advice from the Office of General Counsel will be secured before testing is done except under DOT requirements. Testing will be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, and speech or body odors of the employee. In addition, a job-related accident or near-accident involving human error may trigger a reasonable suspicion request. In the event there is a reasonable suspicion, the supervisor may make arrangements for the employee to be taken home. If the employee refuses transportation, the employee’s refusal will be documented.
5. Employee under provisions of DOT Regulations
This rule also describes the requirements of the U.S. Department of Transportation’s mandatory drug and alcohol-testing program for covered drivers, and the consequences of violating TTI Rules and/or failing a DOT-required drug and/or alcohol test. Any employee that is required to have a commercial driver’s license (CDL) who becomes ineligible to drive because of a positive drug or alcohol test will be considered in violation of this Rule. Any employee in violation may be subject to discipline, up to and including termination, in addition to an independent sanction imposed by the DOT Regulations. Any applicant who is required to have a CDL as a condition of employment will be required to have a pre-employment drug test. Should the test return positive, no offer of employment will be made. Any questions regarding specifics should be directed to Human Resources. Designated positions are subject to the U.S. Department of Transportation (DOT) regulations governing workplace substance abuse. Employees covered by U.S. Department of Transportation regulations must comply with:
5.1.1 Employees who are required to have a commercial driver’s license must comply with Federal Highway Administration and Department of Transportation regulations and will be tested 1) pre-employment, 2) post-accident, 3) reasonable suspicion 4) random and 5) return-to-duty and follow up. TTI Human Resources Department will make arrangements for such testing to be done at a certified laboratory.
5.1.2 Employees who are required to have a commercial driver’s license will be maintained in a database so they can be tested randomly. TTI may require employees and job applicants to provide a urine specimen for drug testing, and/or a breath sample for alcohol testing, and/or another type of specimen suitable for testing for illicit drug abuse or alcohol use. Agreeing to such testing, providing such samples, and fully cooperating in the testing process are mandatory conditions of employment or continued employment with TTI.
The Human Resources Department will be responsible for notifying the employee’s supervisor and the supervisor will be responsible for assuring the employee goes to the designated laboratory. Records will be maintained in the human resource office of the tests done each year
5.1.3 If an employee tests positively, the Human Resources Department will notify the supervisor and discussions will ensue to determine the best plan of action.
- The employee will be removed immediately from the safety sensitive functions.
- The employee will be referred to a substance abuse professional and/or – disciplinary action will be taken up to immediate termination. Any refusal to cooperate will result in termination. If an employee enters into a substance abuse program, TTI will closely monitor their progress and will require drug tests on a more regular basis up to 12 months after the positive incident.
6. Distribution of Information:
Required information and material as outlined in System Policy 34.02, is distributed to all new employees through in-processing, new employee orientation and annually to all employees via the TTI intranet. TTI provides this information in conjunction with the Engineering Program.
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History:
New Rule
Contact Office for Interpretation:
TTI Human Resources Office
