Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter D - SUBSTANCE ABUSE PROGRAM › Section 4.34 - Illegal Drugs

Current through Reg. 49, No. 28; July 12, 2024
(a) Distribution. An
				  employee will be terminated from the department if convicted of a criminal drug
				  violation relating to the sale, distribution, dispensing, transportation, or
				  manufacture of drugs, whether in the workplace or outside the workplace. A
				  final applicant will not be hired if the final applicant is on probation or
				  parole for a felony conviction related to the sale, distribution, dispensing,
				  transportation, or manufacture of drugs or the possession with the intent to
				  sell, distribute, dispense, transport, or manufacture drugs. An employee will
				  be terminated from the department if it is determined that at the time of hire,
				  the employee was on probation or parole for a felony conviction related to the
				  sale, distribution, dispensing, transportation, or manufacture of drugs or the
				  possession with the intent to sell, distribute, dispense, transport, or
				  manufacture drugs.
(b) Suspicious
				  substance. The following procedure will be followed if a substance appearing to
				  be a drug is found in the possession of an employee in the workplace. It will
				  also be followed if an employee is reasonably suspected of selling,
				  distributing, dispensing, transporting, or manufacturing drugs, or conspiring
				  to sell, distribute, dispense, transport, or manufacture drugs, whether in the
				  workplace or outside the workplace. Reasonable suspicion may be based on any
				  circumstance, including direct observation in the workplace or an arrest,
				  charge, or indictment for an offense related to selling, distributing,
				  dispensing, transporting, or manufacturing drugs.
(1) The employee's supervisor will
				  immediately place the employee on administrative leave pending investigation by
				  the department.
(2) The employee
				  will immediately be provided with a letter that:
(A) summarizes the facts on which reasonable
				  suspicion is based;
(B) notifies
				  the employee that involvement in selling, distributing, dispensing,
				  transporting, or manufacturing drugs subjects the employee to termination from
				  the department;
(C) advises that
				  the employee will have a specified time in which to provide a reasonable
				  explanation to the employee's supervisor or substance control officer;
				  and
(D) advises that the employee
				  may be terminated from the department if the employee refuses to offer a
				  reasonable explanation, if the response indicates that the employee sold,
				  distributed, dispensed, transported, or manufactured drugs, or conspired to
				  sell, distribute, dispense, transport, or manufacture drugs, or if the response
				  is insufficient or unacceptable.
(3) An employee who is suspected of
				  involvement in selling, distributing, dispensing, transporting, or
				  manufacturing drugs will be terminated from the department if:
(A) the employee fails to respond within the
				  specified time or to provide a sufficient and acceptable explanation;
(B) the substance control officer confirms
				  the illegal acts; or
(C)
				  investigation by law enforcement or other governmental authorities confirms the
				  illegal acts.
(4) An
				  employee who used or possessed drugs in the workplace, but did not sell,
				  distribute, dispense, transport, or manufacture drugs, or conspire to sell,
				  distribute, dispense, transport, or manufacture drugs, will be mandatorily
				  referred to the EAP and required to complete treatment if:
(A) the employee fails to respond within the
				  specified time or to provide a sufficient and acceptable explanation;
(B) the substance control officer confirms
				  the illegal acts; or
(C)
				  investigation by law enforcement or other governmental authorities confirms the
				  illegal acts.
(5) An
				  employee will be made aware of the EAP if it is determined that the employee
				  used drugs outside the workplace and did not use drugs in the workplace or
				  sell, distribute, dispense, transport, or manufacture drugs.
(6) If an employee is reasonably suspected of
				  selling, distributing, dispensing, transporting, or manufacturing drugs, or
				  conspiring to sell, distribute, dispense, transport, or manufacture drugs, the
				  substance control officer shall contact the Compliance Division or the
				  substance abuse program staff of the Human Resources Division immediately,
				  before turning the matter over to law enforcement authorities.