Ohio Administrative Code › Title 3341 - Bowling Green State University › Chapter 3341-5 - Administrative Staff Policies › Section 3341-5-27 - Alcohol and controlled substance policy for employees with commercial driver license

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								Policy statement
			 and purpose
The purpose of this policy is to comply
				with all applicable federal regulations adopted by the federal highway
				administration (FHWA) of the U.S. department of/ transportation. The FHWA has
				enacted forty-nine CFR parts three hundred eighty-two, three hundred ninety-
				one, three hundred ninety- two, and three hundred ninety five as amended in the
				Federal Register. These regulations mandate urine drug testing and
				breath-alcohol testing for all employees who are required to obtain a
				commercial driver's license (CDL). The regulations also prohibit the driving of
				commercial motor vehicles (CMV) when there is a positive test
				result.
(B)
								Policy
The public expects services provided by
				employees of Bowling Green state university to be delivered in the safest and
				most conscientious manner possible. Involvement with drugs and alcohol can
				adversely affect job performance and employee safety. The presence of drugs or
				alcohol on the job and the influence of these substances on employees during
				working hours are inconsistent with the university's objective to maintain a
				drug and alcohol-free workplace.
The assistant vice president for human
				resources (or designee) is the person assigned by the university to answer
				questions from employees and supervisors or managers about the policy and the
				university's implementation of the FHWA regulations. Division(B)(1) of
				section382.601 the Revise Codeof section Employees
				who think they may have an alcohol or controlled substance problem are urged to
				voluntarily seek assistance from the university's employee assistance program.
				While the university will be supportive of those who seek help voluntarily, the
				university will be equally firm in identifying and disciplining those who are,
				or continue to be. substance or alcohol abusers and do not seek
				help.
To further our commitment of
				maintaining a drug and alcohol-free workplace in order to provide a safe work
				environment for employees and safe service delivery to the public, it is our
				policy to:
Ensure that employees who operate
				commercial motor vehicles are not impaired in their ability to perform their
				work in a safe and productive manner:
Conduct controlled substance and
				alcohol testing as required by FHWA regulations: and
Encourage employees to seek
				professional assistance any time alcohol or drug use adversely affects their
				ability to perform their work assignments.
(1)
									Covered
			 employees
This policy applies to all employees
				who operate a commercial motor vehicle (defined in this paragraph) to carry out their
				job duties for Bowling Green state university or who are required as a
				condition of employment to possess and maintain a commercial driver's license
				(CDL). Participation in the university's CDL alcohol and controlled substance
				testing program is required for these employees and is considered to be a
				condition of employment.
A "commercial motor vehicle" is a
				vehicle that (section382.107 of the Revise Code)
(a)
										Has a gross
			 combination weight rating of twenty-six thousand and one or more pounds
			 inclusive of a towed unit with a gross vehicle weight rating of more than ten
			 thousand pounds: or
(b)
										Has a gross vehicle weight rating of twenty-six
			 thousand and one or more pounds: or
(c)
										Is designed to
			 transport sixteen or more passengers, including the driver:
or
(d)
										Is of any size and is used in the transportation of
			 materials found to be hazardous for the purposes of the Hazardous Materials
			 Transportation Act and which require the motor vehicle to be placarded under
			 the hazardous materials regulations.