2, Employment Testing, Examinations, and Investigations
HR 2 Revised 5/1/04
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D. Criminal History and Registry Clearance
Policy
By statute, MHMR, TDFPS, DARS TRC, TCB, and TDH are authorized to conduct criminal history and/or registry clearance checks on applicants for certain positions. An applicant who has been convicted of specific criminal offenses or who has been convicted of an offense that is a contraindication to employment in a particular position will be disqualified for employment. For more information, see Appendix A, Criminal History and Registry Clearance.
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E. Alcohol and Controlled Substance Testing
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Applicants and Alcohol and Controlled Substance Testing (CDL Drivers and MHMR only)
After a conditional offer of employment is made and accepted, the agency human resources office schedules a an alcohol and controlled substance test for the MHMR or CDL driver applicant. If the applicant refuses to comply with this requirement or fails the test, the applicant is disqualified from employment.
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Testing Occasions and Descriptions (CDL Drivers and MHMR only)
The following table describes the occasions or events that prompt alcohol or controlled substance testing.
Testing Occasion / Description...
Reasonable suspicion / The alcohol and controlled substance tests administered when there is reasonable suspicion to believe that the employee has violated the prohibitions against use.
The determination that a reasonable suspicion exists must be based on specific observations concerning the appearance, behavior, speech, or body odors of the employee.
As a condition of returning to duty, the test results must be negative for alcohol (below .04) and controlled substances.
Return to duty / The alcohol and controlled substance tests administered before an employee returns to duty after the employee has been found to have engaged in prohibited conduct.
As a condition of returning to duty, the test results must be negative for alcohol and controlled substances.
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M. Searches of Personal Property (MHMR only)
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Notification
All employees must be informed of this search policy and must sign HR0313, MHMR Notice of Search Procedures HR0305. The signed form is maintained in the employee's master personnel file.
This policy must be made available to visitors upon request.
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