Drug Testing for Non-Faculty Employees UPPS No. 04.04.18
Issue No. 2
Effective Date: 04/09/2014
Review: March 1 E5Y
01. POLICY STATEMENTS
01.01 This UPPS establishes policies and procedures for drug, alcohol, and performance altering substance testing of non-faculty employees in order to: (1) help ensure a safe and productive work environment; and (2) comply with federal, state, and Texas State University System requirements regarding the use of alcohol, drugs, controlled substances, and any other performance-altering substances, in and out of the workplace, including the Drug Free Workplace Act of 1988; Drug Free Schools and Communities Act of 1989; Chapter V of the Rules and Regulations of The Texas State University System (TSUS) Board of Regents; and the Rules of the Texas Workers’ Compensation Commission.
01.02 Texas State University is committed to maintaining a work environment free from substance abuse. To that end, the university expects employees to assume responsibility for their personal and professional conduct regarding the use of alcohol, drugs, controlled substances, and any other performance altering substances, in and out of the workplace.
01.03 The provisions of this policy apply to all applicants, staff, and student employees, except those listed as faculty in the University Pay Plan. The provost will determine any similar policy for faculty.
02.01 Employee – all staff and student employees, except those listed as faculty in the University Pay Plan.
02.02 Safety Sensitive Position – for the purposes of this UPPS, a position whose duties involve: (1) carrying firearms; (2) access to controlled substances; (3) the medical diagnosis, treatment, or care of patients; (4) the operation of medical equipment or the performance of a medical test or analysis used to diagnose or treat patients; (5) the care or welfare of children; or (6) the requirement of a commercial driver’s license in the operation of university vehicles.
02.03 Drug – alcohol, controlled substance, and any other drug, narcotic, or performance-altering substance.
02.04 Controlled Substance – as listed in schedules I through V, Section 2.02, of the Controlled Substance Act (21 U.S.C. §812) or the Texas Controlled Substances Act (Tex. Health & Safety Code Ann. §481, Vernon 2002).
02.05 Performance-Altering Substance – any substance outside those identified in Section 02.04 which produces behavior that is unsafe, disruptive to the workplace, or prevents the effective performance of the employee’s job duties and responsibilities.
02.06 Conviction – a finding of guilt, an admission of guilt, a no contest plea, or an imposition of sentence by any judicial body for violation of a criminal statute involving the unlawful manufacture, distribution, dispensation, possession, or use of alcohol or drugs.
02.07 Supervisor’s Guide to Drug, Alcohol, and Performance Altering Substance Testing – a reference to assist supervisors in performing their duties in accordance with this policy and provides the guidelines that must be followed for implementing the testing procedures required in this policy.
03. GENERAL PROVISIONS
03.01 The TSUS Regents’ Rules provide that a university employee who violates controlled substance laws is subject to disciplinary sanctions, including termination.
03.02 The use of illicit drugs, alcohol, or any performance-altering substance during work hours is prohibited. Employees who report to work and appear to be under the influence of illicit drugs, alcohol, or any performance-altering substance may be asked to submit to testing.
03.03 An applicant who refuses to consent to testing or who attempts to thwart or evade testing will be disqualified for that position. An employee who refuses to consent to any required testing or who attempts to thwart or evade testing will be disqualified for employment for that position and subject to disciplinary action up to and including termination, as appropriate.
03.04 Any employee who is convicted of violating any federal or state criminal alcohol or drug statute as defined in Section 02.06, must notify his or her department head no later than the next work day following the conviction. Failure to provide notice as required in this section may result in disciplinary action up to and including termination.
04. DRUG TESTING PROCEDURES
04.01 The university will conduct, through an approved drug testing facility, pre-employment testing, commercial drivers’ license testing (as provided in FSS/PPS 04.05.04, Alcohol and Drug Testing for Employees With Commercial Drivers’ License), and may conduct random testing and reasonable suspicion testing as determined to be appropriate.
The university will contract with an approved independent drug testing facility to conduct all drug testing. The facility must meet all legal requirements for a qualified and secure testing process.
When an individual reports to a designated testing facility for any required testing, that individual must present photo identification. If an individual cannot present photo identification, the testing facility will not be able to perform testing.
In the case of on-site testing, the individual must present photo identification, and if the individual cannot present photo identification, the supervisor may identify the employee.
The department requesting the drug testing will pay the cost of the drug testing.
a. Pre-Employment Testing – Testing is required for persons employed in safety-sensitive positions as provided in the supervisor guidelines. The person must pass all testing prior to employment. The university will conduct the test after an offer of employment, but prior to the person’s first active duty date, or prior to a person being transferred, promoted, or reclassified to a position covered by this policy. Failure to pass the required testing will render the individual ineligible for employment in the position for which the individual was tested.
b. Commercial Drivers’ License Testing – Testing is required for each employee who must have a commercial drivers’ license as a condition of employment and will be in accordance with the provisions of FSS/PPS 04.05.04, Alcohol and Drug Testing for Employees with Commercial Drivers’ License.
c. Random Testing – may be required for individuals in safety sensitive positions. The university recognizes the privacy interest of its employees and ordinarily will not conduct random testing. However, the university does have an interest in conducting random testing for individuals in safety-sensitive positions due to the extraordinary safety hazards posed by a drug or alcohol-impaired employee in one of these positions. The vice president in the employees’ reporting line, the TSUS associate general counsel, and the assistant vice president for Human Resources, must approve, in advance, any program for random testing of safety-sensitive positions. Less intrusive means than random testing may be used if it is determined that such means will achieve the desired objective.
d. Reasonable Suspicion Testing – All employees, as defined in Section 02.01, are subject to reasonable suspicion testing for drugs, alcohol, or other performance-altering substances whenever there is reason to believe that the employee may have used these in violation of this policy. The specific process that must be used to determine and require reasonable suspicion testing is provided in the Supervisor’s Guide for Drug, Alcohol, and Performance Altering Substance Testing found on the Human Resources website.
After a reasonable suspicion interview as defined in Supervisor’s Guide for Drug, Alcohol, and Performance Altering Substance Testing, an employee may not return to work until so directed by the supervisor. Time away from the job will be paid administrative leave or leave without pay, as determined to be appropriate by the supervisor.
04.02 Time taken by an employee (including travel) to take a required test is paid time unless the test outcome is positive. If the test outcome is positive, the time taken to take the test (including travel) must be charged to vacation, compensatory time, or leave without pay, as appropriate.
All time and travel expense by an applicant to take and complete any required testing is considered the applicant’s own and is not paid or reimbursable.
04.03 Test results are confidential. Only Human Resources, the appropriate supervisory officials in the employee’s chain of command, the individual tested, and the designated substance abuse treatment professional approved by the university may receive the results of an employee’s drug test.
04.04 An appropriate management official will meet with an employee who has failed a test to: (1) inform the employee of the test results; (2) determine what disciplinary action, if any, should be taken; and (3) explore the possibilities for the employee to participate in an appropriate rehabilitation program.
As an employee benefit, the university provides access to an employee assistance program (EAP). This EAP, referred to as “Bobcat Balance,” is available to employees and members of their household for confidential assistance with drug and alcohol concerns.
05. SUPERVISORY TRAINING
05.01 Each supervisor must participate in a minimum of 60 minutes of training on drug and alcohol abuse, on a one-time basis, provided by a qualified substance abuse program approved by Human Resources. This training will help supervisors determine if reasonable suspicion testing may be warranted.
06. REVIEWERS OF THIS UPPS
06.01 Reviewers of this UPPS include the following:
Assistant Vice President for Human March 1 E5Y
TSUS Associate General Counsel March 1 E5Y
Chief Diversity Officer and Director of March 1 E5Y
Equity and Access
Chair, Staff Council March 1 E5Y
Associate Vice President for March 1 E5Y
Student Affairs and Dean of Students
07. CERTIFICATION STATEMENT
This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.
Assistant Vice President for Human Resources; senior reviewer of this UPPS
Vice President for Finance and Support Services