105-050-0003 Alcohol and Controlled Substance Testing of Employees Having Commercial Drivers License (1) To promote public and employee health, safety and productivity, agency heads shall apply to management service and classified unrepresented employees required to have a Commercial Driver’s License (CDL): (a) Federal Motor Carrier Safety Administration rules stated in 49 CFR Part 382 requiring pre-employment, post-accident, random, reasonable suspicion, return-to-duty and follow-up testing for alcohol or controlled substances; and (b) U.S. Department of Transportation rules stated in 49 CFR Part 40 which provide procedures for alcohol testing, controlled substance testing, split specimen testing and urine specimen testing. (2) An agency head shall approve the Alcohol and Drug Testing Contract between the Department of Administrative Services (DAS) and the vendor for the performance of alcohol and controlled substance testing, Substance Abuse Professional Services, Medical Review Officer Services, record keeping and other related service. (3) An agency head shall provide or contract for training and educational materials as required by 49 CFR Part 382.601, 382.603 and 382.605. (4) Except as otherwise provided in 49 CFR Part 382.505 regarding alcohol test results of 0.02 to 0.039, an employee who violates alcohol misuse or controlled substance use rules may be terminated by an agency head or, if not terminated, shall be removed from duties requiring a CDL and shall be evaluated by a substance abuse professional to assess any need for rehabilitation or treatment and, as determined to be appropriate by the agency head, may be assigned to duties not requiring a CDL, granted leave with or without pay at employee request, or disciplined. (5) Any employee rehabilitation or treatment shall be at employee expense except as it may be covered by insurance. Leave with or without pay may be granted at employee request during the period of treatment or rehabilitation as stated in 40 CFR 40.289. (6) As stated in 49 CFR 40.305, except as otherwise provided in 49 CFR Part 382.505 regarding alcohol test results of 0.02 to 0.039, an agency head may return an employee, who violates alcohol misuse or controlled substance use rules, to the former duties requiring a CDL if the employee: (a) Has been evaluated by a substance abuse professional; (b) Has complied with the recommended treatment or rehabilitation; (c) Has taken a return to duty alcohol or controlled substance test and has a negative result; and (d) Is subject to unannounced follow-up alcohol or controlled substance tests. (7) An employee having a CDL shall inform the appointing authority of any medical use of controlled substances. [ED. NOTE: The Human Resource Services Division State Policies referred to or incorporated by reference in these rules are available from the Human Resource Services Division (HRSD).] [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: Omnibus Transportation Employee Testing Act of 1991; 49 CFR 392.4 and 392.5, ORS 184.340, 240.145 & 240.250 Statutes/Other Implemented: ORS 813.403 & 813.404 History: CHRO 2-2018, minor correction filed 11/16/2018, effective 11/16/2018 CHRO 2-2016, f. 6-22-16, cert. ef. 7-1-16 PD 4-1994, f. 12-23-94, cert. ef. 1-1-95