High-risk/Safety-Sensitive Drug and Alcohol Screening

The University of Virginia has a vital interest in providing a safe environment for its students, employees, patients and visitors. Drug and alcohol abuse is a serious health problem, which can endanger University operations and the safety of those who work and learn at the University or seek its services. It is the intent and goal of this policy to provide a supportive process for intervention and rehabilitation while also protecting the working and learning environment. The following policy authorizes pre-placement drug screening of applicants selected to fill positions designated as safety-sensitive, and drug or alcohol testing of University personnel performing in such positions when there is reason to be concerned for drug or alcohol use.

University Human Resources and the Health System Human Resources are primarily responsible for appropriate posting or circulation of this policy in coordination with departmental chairs, managers and deans.

Positions Covered by This Policy
This policy applies only to high risk or safety-sensitive positions. The University shall administratively review position functions and responsibilities and identify covered positions involving a substantial risk of injury in the performance of job duties, such as in connection with or in direct support of patient care and treatment, police and security duties, maintenance of hazardous facilities such as boilers or nuclear reactor or elevators, utilization of explosives, or access to controlled substances within the University. Covered positions shall be determined by University Human Resources or the Health System Human Resources in the case of the Medical Center.

Notice To Prospective Applicants. Job postings and announcements, recruitment or other public or private solicitations for employment into designated safety-sensitive positions shall reference pre-placement drug screening as a condition of employment. Hiring supervisors, department chairs, deans and other department managers are responsible for providing notice in coordination with University Human Resources or the Health Systems Human Resources in the case of Medical Center positions. As provided below, offers of employment to fill covered positions must be conditioned on review of test results.

Notice to Existing Employees. Employees performing in covered positions prior to adoption of this policy shall receive at least 30 days advance notice of their position being subject to the "reasonable suspicion" drug/alcohol testing authorized by this policy. Such notification shall be provided by University Human Resources or the Office of Organizational Support for the Medical Center in coordination with deans and departmental managers.

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Pre-Placement Drug Screening
Individuals recommended to fill covered positions will be screened only for controlled substances as a condition of employment. The same requirement applies to University employees seeking transfer into such covered positions. Controlled substances include drugs regulated by the federal Controlled Substances Act (21 USC section 812) or Virginia statute (Chapter 34, Title 54.1 of the Code of Virginia).

Supervisors and hiring managers can arrange for drug screening through University Human Resources or the Office of Organizational Support in the case of the Medical Center. Testing will generally be administered by Occupational Health Services (OHS) or, if necessary after regular business hours by the Medical Center’s Emergency Department. Test results are usually obtained in 24-72 hours absent extenuating circumstances. Drug screening can also be arranged through OHS in another geographical area at the applicant’s expense with a CLIA-approved laboratory with test results faxed directly to the University’s Medical Review Officer (MRO) for evaluation.

Individuals selected or recommended to fill positions designated as safety-sensitive may not commence employment pending the MRO’s evaluation of test results for controlled substances, unless approved by the appropriate Vice-President (or designee) responsible for position performance and the applicant acknowledges in writing that employment may be immediately terminated if test results positively identify the presence of controlled substances. The individual will be provided an opportunity to discuss a positive test with the MRO or supervisor. A confirming retest may be undertaken if recommended by the MRO. A positive test indicating the presence of controlled substances will result in withdrawal of an offer of employment or termination of employment conditionally authorized by the appropriate Vice-President (or designee) unless the MRO determines, after discussion with the individual, that the positive test is a result of medication prescribed by a licensed health professional. The individual shall be responsible for documenting the prescription authorization which shall be confidentially retained in a medical information file and disclosed on a need-to-know basis to appropriate departmental managers to determine, in consultation with University Human Resources or the Health Systems Human Resources in the case of the Medical Center, whether the individual’s condition poses a safety threat that cannot be reasonably accommodated. Applicants denied employment will be disqualified from further consideration for safety-sensitive positions for a twelve-month period.

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Reasonable Suspicion Drug/Alcohol Screening
When there is reason to believe that an employee may be impaired by or under the influence of drugs or alcohol, the supervisor or appropriate manager should immediately discuss the performance concern with the individual and determine whether the employee should be temporarily relieved of duties. The supervisor or manager is encouraged to consult with trained substance abuse professionals, such as with the Faculty and Employee Assistance Program. University Human Resources or the Medical Center’s Office of Employee Relations Services shall be contacted before an employee is directed to testing.

Individuals performing in safety-sensitive positions are subject to mandatory testing for controlled substances or alcohol when there is reasonable grounds to suspect that the employee may be impaired by or under the influence of drugs or alcohol. Mandatory testing must be based on a reasonable belief considering facts and circumstances known at the time, including an employee’s explanation and observable behavioral patterns. The following behaviors are possible but not exclusive indicators to consider in conjunction with other relevant information including the employee’s explanation:

• Altered or slurred speech or repeated incoherent statements without reasonable explanation
• Unexplained, abrupt or radical changes in behavior such as violent outbursts without reasonable explanation
• Inability to walk steadily or in a straight line, or perform normal manual functions essential to the position without reasonable explanation
• Smell of alcoholic beverage on the job
• Accidents or near-accidents on the job that appear related to unexplained sensory or motor skill malfunctions

Before directing testing, the supervisor or other responsible manager shall have provided the employee an opportunity to discuss the behavior pattern or other performance concern and, where practicable, have also consulted with the Faculty and Employee Assistance Program or University personnel trained in identifying substance abuse. To further ensure reasonable justification for testing, an employee performing in a safety-sensitive position shall not be required to report to testing without approval of the dean, department chair or other manager responsible for the position. Testing may be scheduled immediately by arrangement with Occupational Health Services or, after normal business hours, with the Medical Center’s Emergency Department. A supervisor shall escort the individual to the scheduled test site or arrange for an escort. The employee should be reassigned or relieved of duties with pay pending the MRO’s evaluation of the test result.

Employees who fail or refuse to report to and reasonably cooperate with scheduled testing, without good cause, will be subject to disciplinary action. In the case of University medical care personnel with clinical privileges, such privileges may be suspended in accordance with Clinical Staff Bylaw procedures. An objection to testing as a matter of principle or privacy, when testing is justified by reasonable suspicion, will not constitute good cause for refusing to cooperate.

Positive test results or disciplinary action for refusal to submit to authorized testing. The supervisor or manager, in consultation with the Faculty and Employee Assistance Program and University Human Resources (or Office of Employee Relations Services in the case of the Medical Center), shall determine on the basis of test results, observable behaviors and any other relevant information (including the employee’s explanation) whether the employee reported to work or performed impaired by or under the influence of drugs or alcohol, and appropriate disciplinary action. Appropriate discipline may include (without limitation) reassignment, suspension with or without pay pending professional counseling, treatment and evaluation, or discharge. In considering appropriate discipline, any prior incidents and whether the employee is willing to seek appropriate professional help are relevant considerations, as well as the interests of the workplace. Disciplinary action may be deferred or suspended if the employee agrees to and does participate in appropriate professional treatment and/or counseling. Disciplinary action may be appealed by the employee and further reviewed by the University subject to existing applicable grievance procedures with loss of any pay restored if disciplinary suspension or discharge is found to be arbitrary, that is, lacking in reasonable grounds. If an employee documents to the satisfaction of the MRO that a positive test is a result of medication, management will assess whether the employee’s condition can be reasonably accommodated under the circumstances or if the employee’s condition creates a direct threat to the operations of the workplace.

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Return to Duty
Following suspension from employment for drug or alcohol impairment or return to duty after completing professional treatment for substance abuse, the supervisor or other responsible manager will coordinate with the Faculty and Employee Assistance Program and University Human Resources (or the Medical Center’s Office of Employee Relations Service) to determine conditions of continued employment, such as periodic testing, participation in professional counseling and treatment programs, reassignment of duties for a specified period and/or continued performance of specified functions under more immediate supervision. It is the responsibility of the employee, given the safety-sensitive responsibilities of the position, to comply with reasonable conditions designed to allow the employee to return to duty while also managing possible safety risks. Prior to return to duty, the employee will reach agreement in writing with the appropriate supervisor stipulating the conditions of continued employment. Refusal or failure to comply with the agreement, without good cause, will be subject to discipline in accordance with existing disciplinary policies and procedures. An employee who is identified by the Faculty and Employee Assistance Program or other substance abuse professional as needing assistance with controlled substances and/or alcohol and who has returned to a safety-sensitive position may be subject to periodic unannounced follow-up test(s) for up to twelve-months following return to duty as recommended by the Faculty and Employee Assistance Program. Such tests will be arranged by the supervisor or other appropriate manager through the Faculty and Employee Assistance Program.

Faculty and Employee Assistance Program
The captioned agency is primarily responsible for providing consult to and training of University supervisors and managers, case management services for referred employees and practitioners, and identifying available services within the University and the local community.

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Amendments
The University reserves the right to amend this policy at any time upon direction of the President or designee. This policy and any changes will be publicly posted or circulated within the University.

Testing Protocols
Testing shall be undertaken by trained medical technicians who shall also be available to discuss the nature of the test and the test results with the individual. Testing may be undertaken from a urine sample or breath analysis, unless a blood test or hair analysis is medically recommended. An alcohol concentration of .04% or greater constitutes a positive test. A confirming retest may be undertaken if recommended by the MRO. The cost of the initial testing shall be borne by the affected University department. Any requested confirm by other than the University’ laboratory must be by a certified laboratory approved by the MRO and paid for by the employee or applicant requesting it. No contract or right is intended or created with respect to testing procedures, which are subject to change by appropriate administrative authority.

Privacy and Confidentiality
Personal privacy shall be respected to the extent practicable in the administration of testing without direct observation of an individual providing a urine sample. Test results are maintained in confidential medical information files revealed only to the tested individual and responsible managers (including the Faculty and Employee Assistance Program) with "need to know" or disclosed as may be required by law. University employees including personnel involved in testing and counseling will be subject to discipline for unauthorized disclosure of personally identifiable information.

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Academic Division (Agency 207)
High-Risk or Safety-Sensitive Classified Positions
Certified Nurse Practitioner
All clinicians involved in patient care, School of Medicine/Clinics
All licensed Clinical Research Coordinators
Practical Nurse
Registered Nurse
Dental Assistant
Prosthetics/Orthotics Fitters and Technicians to include Fabrication Technician
Human Service Worker
Medical Technologists
Ophthalmic Assistant
Ophthalmic Photographer
Orthotist
Otolarynology Technician
Physical Therapist
All Police and Security Officers to include the Chief of Police

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Medical Center (Agency 209)
High-Risk or Safety-Sensitive Positions

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