It is the policy of Missouri State University to provide safe, dependable, and economical services to its students, faculty and staff and to provide safe working conditions for them and to comply with the requirements of federal law and regulations related to the Drug Free Work Place Act of 1988 and the Omnibus Transportation Employee Testing Act of 1991. It is also the policy of Missouri State University to provide healthy, satisfying working environments for its employees.
To meet these goals, it is the policy of MSU to insure that its employees are not impaired in their ability to perform assigned duties in a safe, productive and healthy manner; to create a work place environment free from the adverse effects of alcohol and controlled substances abuse or misuse; to prohibit the unlawful manufacture, distribution, dispensing, possession or use of alcohol and controlled substances; and to encourage employees to seek professional assistance when personal problems, including alcohol and controlled substance dependency, adversely affect their ability to perform assigned duties.
The purpose of this policy is to assure worker fitness for duty and to protect students, faculty, and staff and the public from the risks posed by the use of alcohol and controlled substances. It is also the purpose of this policy to comply with all applicable federal and state regulations governing work place alcohol and controlled substance abuse programs mandated under the above-noted acts. These acts mandate urine drug testing and breathalyzer alcohol tests for safety sensitive positions and prevent performance of safety-sensitive functions when there is a positive test result. The federal law has also established standards for collection and testing of urine and breath specimens, the reporting of certain drug-related offenses, protective measures for certain employees tested, for the preservation of confidentiality, and for certain reporting.
This policy applies to all safety-sensitive employees, employed directly by MSU or contract employees employed by a contractor or subcontractor of MSU, who perform safety-sensitive functions as these persons and activities are defined in the Omnibus Transportation Employee Testing Act of 1991 and its implementing regulations, including but not limited to persons who are required to possess a commercial driver's license (CDL) for the operation of a commercial vehicle. All contractors and subcontractors of MSU whose purpose renders them subject to the Omnibus Transportation Employee Testing Act of 1991 will adopt this policy statement and ensure its enforcement.
No safety-sensitive employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.02 or greater.
No safety-sensitive employee shall be on duty or perform safety-sensitive functions while possessing alcohol.
No safety-sensitive employee shall use alcohol while on duty.
No safety-sensitive employee shall perform safety-sensitive functions within four hours after using alcohol.
Use and ingestion of illegal controlled substances are prohibited at all times. No safety-sensitive employee shall report for duty or remain on duty when they use any controlled substance except when the substance is a prescribed medication and a physician has advised them that the substance does not adversely affect their ability to safely operate a commercial motor vehicle or perform their safety-sensitive functions. A safety-sensitive employee must notify their supervisor if they are using any prescription medication or over the counter substance that may adversely affect their ability to safety operate a commercial motor vehicle or perform their safety-sensitive functions. Safety-sensitive employees who fail to notify their supervisor will be subject to disciplinary action.
No safety-sensitive employee shall report for duty, remain on duty or perform a safety-sensitive function if they test positive for controlled substances.
No safety-sensitive employee required to take a post-accident test shall use alcohol for eight hours following the accident, or until the employee undergoes a post-accident alcohol test, whichever occurs first.
No safety-sensitive employee shall refuse to submit to a post-accident, random, reasonable suspicion, return to duty, or follow-up alcohol or controlled substance test. No department shall permit a safety-sensitive employee who refuses to submit to such tests, or fails to provide an adequate specimen for testing, to perform or continue to perform safety-sensitive functions. Refusal to take a required test constitutes a verified positive drug test result and may result in disciplinary action, up to and including termination.
The Omnibus Transportation Employee Testing Act of 1991 and its implementing regulations requires MSU to conduct pre-employment, post-accident, random, reasonable suspicion, return-to-duty, and follow-up testing for the misuse of alcohol and illegal use of controlled substances
Prior to the first time an employee performs safety-sensitive functions for an employer, the employee shall undergo testing for controlled substances. This includes new hires and current MSU employees applying for a position covered by this law.
If an employee is not terminated pursuant to the University's disciplinary policy, when the employee returns to duty following completion of any rehabilitation program prescribed by the substance abuse professional, the employee will be subject to unannounced follow-up alcohol tests and could be subject to unannounced follow-up controlled substances tests. The number and frequency of the tests will be determined by the substance abuse professional and will consist of at least six tests in the first 12 months following the employee's return to duty. Follow-up testing can continue for up to 60 months from the date of return to duty. Note: Rehabilitation programs are not funded by the University and all costs incurred by the employee participating in such a program must be borne by the employee.
If the screening test is positive, an independent confirmatory test will be performed using a different technique called GC/MS (gas chromatography/mass spectrometry). If it is positive then the result will be reviewed by a medical review officer (MRO) who is a licensed physician trained to interpret and evaluate "positive" test results. The MRO will contact the employee to give the employee the opportunity to provide a valid explanation.
If an employee is not terminated pursuant to the University's disciplinary policy, the employee who successfully completes a rehabilitation program prescribed by the substance abuse professional shall be returned to duty after submitting the appropriate documentation. The employee shall undergo a return to duty alcohol test with a result indicating an alcohol concentration of less than .02. The employee is subject to random follow-up testing to include at least six tests in the first 12 months following the employee's return to duty. The substance abuse professional may terminate the requirement for follow-up testing at any time after the first 12 months of testing have been administered, if the substance abuse professional determines that such testing is no longer necessary. Follow-up testing shall not exceed 60 months from the date of the employee's return to duty. Refusal to take a follow-up test is cause for termination. The recurrence of misuse of alcohol will result in termination.
Questions regarding this policy should be referred to Human Resources at 836-5102.
|Accident||An occurrence associated with the operation of a vehicle if, as a result –
|Alcohol||The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl or isopropyl alcohol.|
|Alcohol Concentration||The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by a breath test under this part.|
|Blind Sample or Blind Performance Test Specimen||A urine specimen submitted to a laboratory for quality control testing purposes, with a fictitious identifier, so that the laboratory cannot distinguish it from employee specimens, and which is spiked with known quantities of specific drugs or which is blank, containing no drugs.|
|Breath Alcohol Technician (BAT)||An individual who instructs and assists individuals in the alcohol testing process and operates an EBT.|
|Cancelled or Invalid Test||In drug testing, a drug test that has been declared invalid by a Medical Review Officer. A cancelled test is neither a positive nor a negative test. For purposes of this part, a sample that has been rejected for testing by a laboratory is treated the same as a cancelled test. In alcohol testing, a test that is deemed to be invalid under these regulations. It is neither a positive nor a negative test.|
|Chain of Custody||Procedures to account for the integrity of each urine or blood specimen by tracking its handling and storage from point of specimen collection to final disposition. With respect to drug testing, these procedures shall require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory (an) appropriate chain of custody form(s) account(s) for the sample aliquots within the laboratory.|
|Collection Container||A container into which the employee urinates to provide the urine sample used for a drug test.|
|Collection Site||A place designated by the employer where individuals present themselves for the purpose of providing a specimen of their urine to be analyzed for the presence of drugs.|
|Collection Site Person||A person who instructs and assists individuals at a collection site and who receives and makes a screening examination of the urine specimen provided by those individuals.|
|Confirmation Test||In drug testing, a second analytical procedure to identify the presence of a specific drug or metabolite that is independent of the screening test and that uses a different technique and chemical principle from that of the screening test to ensure reliability and accuracy. (Gas chromatography/mass spectrometry [GC/MS] is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phyncyclidine.) In alcohol testing, a second test, following a screening test with a result of 0.02 or greater, which provides quantitative data of alcohol concentration.|
|Contractor||A person or organization that provides a service for a recipient, subrecipient, employer, or operator consistent with a specific understanding or arrangement. The understanding can be a written contract or an informal arrangement that reflects an ongoing relationship between the parties.|
|Covered Employee||A person, including a volunteer, applicant, or transferee, who performs a safety-sensitive function for an entity subject to these regulations.|
|DHHS||The Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services.|
|DOT Agency||An agency of the United States Department of Transportation administering regulations related to drug or alcohol testing, including the United States Coast Guard (for drug testing purposes only), the Federal Aviation Administration, the Federal Railroad Administration, the Federal Highway Administration, the Federal Transit Administration, the Research and Special Programs Administration, and the Office of the Secretary.|
|Drug Test||The laboratory analysis of a urine specimen collected in accordance with 49 CFR part 40 and analyzed in a DHHS-approved laboratory.|
|EBT or Evidential Breath Testing Device||An EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Products List of Evidential Breath Measurement Devices" (CPL).|
|Education||Efforts that include the display and distribution of informational materials, a community service hot-line telephone number for employee assistance, and the transit entity policy regarding drug use in the workplace.|
|Employee||An individual designated in a DOT agency regulation as subject to drug testing and/or alcohol testing. As used in this part, "employee" includes an applicant for employment. "Employee" and "individual" or "individual to be tested" have the same meaning for purposes of this part.|
|Employee Assistance Program (EAP)||A program provided directly by an employer, or through a contracted service provider, to assist employees in dealing with drug or alcohol dependency and other personal problems. Rehabilitation and reentry to the work force are usually arranged through an EAP.|
|Employer||A recipient or other entity that provides mass transportation service or which performs a safety-sensitive function for such recipient or other entity. This term includes subrecipients, operators, and contractors.|
|FTA||Federal Transit Administration.|
|Initial Test (Screening Test)||An immunoassay screen to eliminate "negative" urine specimens from further consolidation.|
|Medical Review Officer (MRO)||A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer’s drug testing program, who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive test results together with his or her medical history and any other relevant biomedical information.|
|Operator||A transit entity that is a recipient, directly or indirectly, of Federal funds under Section 3,9, or 18 of the UMT Act of 1964, as amended, or is a recipient of Federal assistance under Section 103(e)(4) of Title 23 of the United States Code.|
|Pass a Drug Test||An individual passes a drug test when a Medical Review Officer determines, in accordance with procedures in 49 CFR part 40, that the results of the test:
|Performing a Safety-Sensitive Function||A covered employee is considered to be performing a safety sensitive function and includes any period in which he or she is actually performing, ready to perform, or immediately available to perform such functions.|
|Permanent Record Book||A permanently bound book in which identifying data on each specimen collected at a collection site are permanently recorded in the sequence of collection. May be used in conjunction with a modified urine custody and control form to document collection.|
|Post-Accident Test||A drug test administered to an employee when an accident (as previously defined) has occurred and the employee performed a safety-sensitive function that either contributed to the accident, or cannot be completely discounted as a contributing factor in the accident.|
|Pre-Employment Test||A drug test given to an applicant or employee who is being considered for a safety-sensitive position. The applicant or employee must be informed of the purpose for the urine collection prior to actual collection.|
|Prohibited Drug||Marijuana, cocaine, opiates, amphetamines, or phencyclidine.|
|Protocol||A procedure requiring strict adherence to achieve scientifically valid test results from specimen collection and laboratory testing of urine specimens.|
|Qualified Laboratory||A laboratory certified by the DHHS to conduct urine drug testing and which permits unannounced inspections by the recipient, operator, or FTA Administrator.|
|Random Test||A drug test annually to a predetermined percentage of employees who perform in safety-sensitive functions and who are selected on a scientifically defensible random and unannounced basis.|
|Reason to Believe||Objective information indicating that a particular individual may alter or substitute a urine specimen.|
|Reasonable Cause Test||A drug test given to a current employee who performs in a safety-sensitive position and who is reasonably suspected by a trained supervisor of using a prohibited drug.|
|Recipient||An entity receiving Federal financial assistance under Section 3,9, or 18, of the FT Act, or under Section 103(e)(4) of Title 23 of the United States Code.|
|Refuse to Submit (to an alcohol test)||A covered employee fails to provide adequate breath for testing without a valid medical explanation after he or she received notice of the requirement to be tested in accordance with the provisions of these regulations, or engages in conduct that clearly obstructs the testing process.|
|Refuse to Submit (to a drug test)||A covered employee fails to provide a urine sample as required by a 49 CFR part 40, without a valid medical explanation, after he or she has received notice of the requirement to be tested in accordance with the provisions of this subpart, or engages in conduct that clearly obstructs the testing process.|
|Return to Duty||An initial drug test prior to return to duty and additional unannounced drug tests (for a period up to 60 months) given to employees performing in safety-sensitive functions who previously tested positive to a drug test and are returning to safety-sensitive positions. A return-to-duty test is also required of an individual who has refused another type of test required by the FTA rule.|
|Revenue Service Vehicle||A vehicle used to transport passengers, including a bus, van, car, railcar, locomotive, trolley car, trolley bus, ferry boat, or a vehicle used on a fixed guideway or inclined plane.|
|Safety-sensitive Function||Any of the following duties:
|Safety-Sensitive Position||A duty position or job category that requires the performance of a safety-sensitive function(s).|
|Screening Test (or initial test)||In drug testing, an immunoassay screen to eliminate "negative" urine specimens from further analysis. In alcohol testing, an analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen.|
|Specimen Bottle||The bottle that, after being labeled and sealed, is used to transmit a urine sample to the laboratory.|
|Split Specimen||An additional specimen collected with the original specimen, to be tested in the event the original specimen tests positive.|
|Substance Abuse Professional (SAP)||A licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission), with knowledge of and clinical experience in the diagnosis and treatment of drug- and alcohol-related disorders.|
|Training||Providing information about the effects and consequences of drug use on personal health, safety, and the work environment; about the work environment; and about the manifestations and behavioral cues that may indicate drug use and abuse.|
|Vehicle||A bus, electric bus, van, automobile, railcar, trolley car, trolley bus, or vessel. A "mass transit vehicle" is a vehicle used for mass transportation.|
|Verified Negative (drug test result)||A drug test result reviewed by a Medical Review Officer and determined to have no evidence of prohibited drug use.|
|Verified Positive (drug test result)||A drug test result reviewed by a Medical Review Officer and determined to have evidence of prohibited drug use.|
|Violation Rate||The number of covered employees found during random tests to have an alcohol concentration of 0.04 or greater, plus the number of employees who refuse a random test required, divided by the total reported number of employees in the industry given random alcohol tests plus the total reported number of employees in the industry who refuse a random test.|
|Volunteer||A permanent, temporary, or part-time worker who is not compensated for his/her service and who is included in the requirements of the FTA drug and alcohol regulations.|
Contract Provided Job Functions:
Alcohol is a socially acceptable drug that has been consumed throughout the world for centuries. It is considered a recreational beverage when consumed in moderation for enjoyment and relaxation during social gatherings. However, when consumed primarily for its physical and mood-altering effects, it is a substance of abuse. As a depressant, it slows down physical responses and progressively impairs mental functions.
Signs and Symptoms of Use:
Note: Except for the odor, these are general signs and symptoms of any depressant substance.
The chronic consumption of alcohol (average of three servings per day of beer [12 ounces], whiskey [1 ounce], or wine [6 ounce glass]) over time may result in the following health hazards:
The Annual Toll:
Questions concerning Missouri State's drug and alcohol program may be addressed to:
Safety and Transportation
Persons needing information concerning available methods of intervening when an alcohol problem is suspected should contact the clinician on duty at:
Missouri State University
Counseling and Testing Center
Carrington Hall, Room 3l I