last updated: Tuesday, June 29, 2004
The Omnibus Transportation Employee Testing Act of 1991 requires the establishment of rules requiring alcohol and drug testing programs for employees engaged in safety-sensitive functions in the aviation, motor-carrier, rail, transit, and service industries.
This policy addresses
the requirements and conditions of the drug and alcohol testing rules, focusing
on the regulatory requirements, as they affect SUNY campuses.
Effective January 1, 1996, all employees who are considered "safety-sensitive"
are covered by the Act. A safety-sensitive employee is defined as one who has
a commercial driver's license (CDL) and operates, or may be called upon by the
campus, to operate a commercial motor vehicle (CMV). A commercial motor vehicle
is one that weighs over 26,000 pounds or; is designed to carry 16 or more people,
including the driver or, is used to transport hazardous materials and is required
to be placarded or, requires a CDL to operate for other reasons.
These provisions require that such drivers receive instruction about the "Act" and the SUNY and local campus policies relating to the "Act". These employees are also subject to random drug and alcohol testing, and immediate, severe, disciplinary action if drugs or alcohol are detected in these tests, or if such covered employees are otherwise proven to have used drugs and/or alcohol while on duty. Due to the nature of the risks and the significant liabilities associated with the driving of vehicles while under the influence of drugs or alcohol, SUNY and its campuses have adopted "zero tolerance" policies. If safety-sensitive employees are proven to have drugs or alcohol in their systems during working hours, the penalty of termination will be sought through the appropriate disciplinary procedures.
Reference(s):
The
Omnibus Transportation Employee Testing Act of 1991 - On-line training from
the NYS Governor's Office of Employee Relations (GOER)
http://www.goer.state.ny.us/Train/onlinelearning/drugfree/cdl.html#q12 (old)
http://www.goer.state.ny.us/Train/onlinelearning/DFW/103.4.html (new)