Drug and Alcohol Testing

Last Updated 01/03
Applies to Administrators, Applicants, Faculty, Officers, and Staff

Policy

The University of Notre Dame is committed to providing an environment that ensures the well-being and safety of the University's employees, students and campus visitors; protects University, employee and student property; and prohibits any influences that might have a detrimental effect upon the orderly, safe and efficient operation of the University. Based upon these goals, the University requires that its employees report for work and perform their duties within the standards established. The intent of the following policy is to prevent the hiring and/or continued employment of persons who, due to the use of alcohol or illegal drugs, may harm themselves or others, or cause damage to property.

Application of Policy

  1. This policy applies to all officers, administrators and staff and to all applicants for administrative and staff employment. On-call employees and applicants for on-call employment in safety sensitive positions also are subject to this policy.
  2. Compliance with this policy is considered a condition of employment. If an applicant refuses to comply with the Drug and Alcohol Testing Policy, he or she will not be eligible for employment. If an employee does not comply, the employee may be suspended without pay pending completion of an investigation. During the course of the investigation, the employee will have the opportunity to offer an explanation for his or her behavior. The employee's department will decide the course of action in consultation with the Office of Human Resources.

Definitions

  1. Illegal Drug: Any (a) illegal substance, including but not limited to, narcotics, hallucinogens, cocaine, marijuana, and designer drugs; and (b) controlled substance, including but not limited to amphetamines and barbiturates, that are used either without being prescribed by a licensed physician or in excess of the amount prescribed by a licensed physician.
  2. Unfit Condition: Behavior, including, but not limited to: (a) drowsiness; (b) sleepiness or sleeping; (c) slurred and/or incoherent speech; (d) unusually aggressive behavior; (e) unusually depressive behavior, (f) unusual and rapid changes in mood; (g) disorientation or inability to concentrate; (h) lack of coordination in walking or performing other tasks.
  3. Drug and/or Alcohol Test: Any evaluation used to detect the presence of illegal drugs and/or alcohol in an individual's system.
  4. Employee Subject to DOT (Department of Transportation) Regulations: Any employee required to have a Commercial Driver's License (CDL) in order to perform the essential functions of his/her job.
  5. Safety Sensitive Positions: Those positions involving hazardous tasks that, if performed improperly, could result in harm to others. Positions in the following departments are currently deemed safety sensitive by the University:
    • Notre Dame Security/Police Department (except office/clerical)
    • Notre Dame Fire Department
    • Utilities Operations (all employees up through Director of Utilities, except office/clerical)
    • University Health Center (all persons who may be involved in patient care including doctors, nurses, patient care assistants, and pharmacists)
    • Athletic Department trainers Aircraft pilots
    • Commercial Drivers' License holders as required by the federal Department of Transportation regulations.

The University may change this list if positions are added or changed to include dangerous tasks.

Processes

Pre-Employment Test

All offers of employment, including offers of regular employment to on-call or temporary employees, will be contingent upon satisfactory results of a drug test. If a pre-employment drug test indicates illegal drug use, the applicant will not be eligible for employment at the University.

Random Test

The University may require a drug test on a random basis if:

  • The employee serves in an safety-sensitive position as defined in the above section on pre-employment tests;
  • The employee has received a mandatory referral to the Employee Assistance Program sponsored by the University for addiction assessment; and is referred to treatment pursuant to that assessment ; and
  • The University is required to conduct testing under the Department of Transportation regulations.   An employee selected for random testing may obtain a deferral of testing if the employee's supervisor and the Office of Human Resources concur that there is a compelling business need to defer the testing. An employee whose random test is deferred will be subject to an unannounced test at a later date.

All employees who fit the above situations are subject to random testing, including on-call, temporary and part-time staff and faculty.

For-Cause Test

By its very nature, for-cause testing is based upon indicators of  drug or alcohol  usage and results in treatment for the employee in most cases.  With this in mind, the University  may  request an employee, as a condition of his or her employment, to undergo drug and/or alcohol testing if the University has a reasonable belief that the employee may have violated the Drug and Alcohol policy.  Such reasonable belief may be based on, but not limited to, the following factors:

  1. The employee exhibits physical signs of alcohol and/or illegal drug use;

  2. The supervisor or other University representative reasonably believes that an employee's unsatisfactory job performance, misconduct, or poor attendance may be related to drug or alcohol use;

  3. The employee has a work-related accident that (i) results in damage to University property or physical injury to another person, (ii) is the second or more work-related accident the employee has had within any 12-month period, or (iii) if the employee seeks medical treatment, the examining physician reasonably believes the accident was related to drug or alcohol use;

  4. The University obtains reliable information that the employee has or may have violated the University's Drug and Alcohol policy, or that Drug and Alcohol policy violations have or may have occurred in a department or unit at the University in which the employee works.

Testing Employees Subject to DOT Regulations

In addition to the testing described above, employees subject to DOT regulations will be tested in accordance with the University's Commercial Motor Vehicle Policy, copies of which are available through Risk Management and Safety.

Education

The Office of Human Resources offers a variety of training resources for supervisors and employees to promote awareness of the Drug and Alcohol Policy and of the Drug and Alcohol Testing Policy. These resources include Organizational Effectiveness training in collaboration with the University Office of Alcohol and Drug Education, use of the training opportunities provided by the Employee Assistance Program, and one-on-one meetings with both supervisors and staff members.  

Discipline

  1. An employee who ( i ) refuses to submit to a drug and/or alcohol test in accordance with the provisions of this policy, or (ii) refuses to fill out and sign the written consent form agreeing to submit to the testing and permitting Notre Dame to be apprised of the testing results (Consent Form), will be immediately terminated. An applicant who engages in any of the above-described behavior will not be eligible for employment.
  2. An employee who switches or alters any sample submitted for testing will be immediately terminated. An applicant who engages in this behavior will not be eligible for employment.
  3. An employee who is determined, as a result of a drug and/or alcohol test, to have used illegal drugs or alcohol in violation of the University's Drug and Alcohol Policy will be subject to disciplinary action as described in this policy.
  4. Employees who are covered by DOT regulations and who test positive at any time shall be considered medically unqualified to operate a commercial motor vehicle in interstate commerce. They shall not be permitted to operate a motor vehicle until they:
    • No longer use illegal drugs;
    • Test negative for the use of illegal drugs;
    • Participate in and comply with the EAP recommended treatment program  and after-care program offered by an outside provider; and
    • Are medically re-certified as being qualified to operate a motor vehicle. To regain permission to operate a motor vehicle, the employee must agree to participate in follow-up random testing.  

Confirmatory Testing

If any applicant or employee tests positive for use of illegal drugs, a confirming test using the GCMS test automatically will be conducted on the applicant's or employee's original specimen. The University will bear the costs of both tests. If the second test confirms the initial positive result, a physician at the facility doing the testing will review the test results to determine if a legitimate medical reason exists for the positive result. Any subsequent action will be based on the physician's findings.

If any testing procedure indicates that an applicant or employee has used illegal drugs or alcohol in violation of this policy, the applicant or employee may elect to provide, in writing, information to rebut and/or explain the results of the test. This information will be evaluated by a physician at the facility that performed the testing, and a determination as to the appropriate subsequent action will be made.

Additionally or alternatively, in a situation involving a drug test, an applicant or employee may have a second confirmatory drug test performed. Where the applicant's or employee's urine initially was tested, the confirmatory test will be performed on the original urine sample. Where the applicant's or employee's hair initially was tested, a new hair sample will be collected and tested. The applicant or employee must pay for the confirmatory test before it is performed. If the confirmatory test indicates the applicant or employee has not used illegal drugs in violation of the University's Drug and Alcohol policy, any subsequent action will be based on the results of the confirmatory test. In addition, the University will reimburse the applicant or employee for the costs of confirmatory testing, and will purge the applicant's or employee's record of the results of the initial test. If the confirmatory test indicates the applicant or employee has used illegal drugs in violation of the University's Drug and Alcohol policy, the results of the initial test will control for the purposes of any subsequent action.