FAQs – Changes to Drug and Alcohol Testing Policies
Q: Do these changes impact our maintenance work force?
A: No. Drug and alcohol testing processes have not changed for employees in jobs that require a CDL year round such as the maintenance worker series, bridge maintenance worker series, maintenance crew leaders, seasonal workers, or emergency maintenance equipment operators.
Q: Who is impacted by these changes?
A: These policy changes only impact employees in non-maintenance safety-sensitive positions required by the department to obtain a CDL to assist with snow plow operations and employees who volunteer to plow snow.
Q: What has changed for non-maintenance safety-sensitive employees who are required to plow snow and employees who volunteer to plow snow?
A: In a nutshell, there are two basic changes:
(1)These employees are now required to complete an annual drug test before each winter season; and
(2)These employees will be subject to the same random drug and alcohol testing as maintenance employees during the winter season.
Q: Specifically, what changes are being made?
A:To ensure compliance with the federal law, as of Oct. 4, employees who are not in a job that requires a CDL, but have a CDL and volunteer or are required by the department to perform DOT safety-sensitive functions during winter operations are subject to DOT random drug testing from Nov. 1 through April 30 any time their assigned org unit is selected for random testing. These employees will be subject to DOT random alcohol testing from Nov. 1 through April 30 only if they are performing a DOT safety-sensitive function during the work shift in which a random alcohol test is to be conducted at their assigned org unit.
If an employee volunteers or is not in a job that requires a CDL, but has a CDL and is required by the department to perform DOT safety-sensitive functions for winter operations, the employee will be required to undergo a drug test each season before being placed in the DOT random testing pool prior to winter operations beginning, and the employee will be subject to DOT random testing from Nov. 1 through April 30.
Q: Why are changes being made to the Drug and Alcohol Testing Policies at this time?
A: Changes are being made to the Drug and Alcohol Testing Policies effective Oct. 4, 2017, to ensure compliance with federal law. Due to serious safety concerns for the citizens of Missouri and the traveling public, the U.S. Department of Transportation(DOT) requires random drug and alcohol testing for employees who are not in a job that requires a CDL, but who hold a CDL and may be called upon at any time, on an occasional or emergency basis, to perform DOT safety-sensitive functions during winter operations.The DOT also requires a drug test prior to being placed in the DOT random testing pool when an employee has not been subject to random DOT testing for more than 30 days. This includes employees who hold a CDL and volunteer or are required to perform DOT safety-sensitive functions during winter operations. MoDOT recently sought guidance from the DOT to ensure compliance with the federal laws. It also inquired about obtaining a waiver of these DOT requirements, but was told that such a waiver would not be granted.
Q: How do these changes affect testing year round?
A: Employees in safety-sensitive positions that do not require a CDL and are not required to plow snowwill remain in the non-DOT random testing pool year-round, unless they volunteer to plow snow.
Employees in safety-sensitive positions that do not require a CDL and volunteer or are required to perform DOT safety-sensitive functions during winter operations will be included in the non-DOT random testing pool from May through Oct. They will be removed from the non-DOT random testing pool and,after completing the annual drug test, they will be placed in the DOT random testing pool from Nov. 1 through April 30 each year.
Q: As anon-maintenance safety sensitive or volunteer snow plow driver, what am I supposed to do to complete the annual drug test?
A: Non-maintenance safety-sensitive employees required to plow snow and volunteers who plow snow will be contacted by the local human resources office in the district to which they are assigned to plow snow to receive instructions on where to go for testing and the timeline to complete the test. These employees are also welcome to make contact with the local human resources office to make sure you obtain the information you need.
Q: How will I know when I am being randomly tested?
A: Your supervisor(s) or someone from HR will contact you regarding when and where to report for the testing.
Q: Will I have to use any personal time for this process?
A: No, all necessary time required to comply with this process will be paid time.
Q: Why continue to require certain employees in safety-sensitive positions that do not require a CDL, but who hold CDLs, to plow snow during winter operations?
A: Over the years we have pursued multiple options for ensuring we meet the demands that winter operations require of the department, including plowing snow, but have determined we still need to use these employees at this time. This is to ensure the safety of our traveling public, primarily during weather events, and is key to the accomplishment of our mission. We will continue to evaluate this issue on an annual basis in the future.
Q: What are the drugs I will be screened for as part of this test?
A: In accordance with DOT regulations, drugs for which tests will be conducted includemarijuana, cocaine, amphetamines, opiates, and phencyclidine (PCP).
Q: What happens if I refuse to take a required drug test or test positive ona drug test?
A:Testing positive on a drug test is considered misconduct connected to work and will result in the employee being dismissed from employment. Employees who test positive, refuse to complete a required drug test, adulterate a sample, substitute a sample,or fail to report for a drug test when scheduled, will be dismissed from employment and will not be eligible for rehire with the department.
Q: I currently use drugs that relieve pain or other conditions that are included in the testing, but I have a prescription. What happens when I test positive (fail the test)?
A: Employees are prohibited from taking any illegal drugs or controlled substances (unless prescribed for them by a person licensed to practice medicine), which might impair performance during working hours. Under Personnel Policy 2507, "Federal Drug-Free Workplace Act," employees are required to inform their immediate supervisor when they are taking lawfully prescribed drugs that may impair their work performance. Supervisors must avoid assigning safety-sensitive functions to employees if their prescriptions cause safety concerns (drowsiness, blurred vision, etc.).
Legal medications prescribed to the employee are taken into consideration in the DOT drug testing process. If an employee receives a phone call from a Medical Review Officer (MRO) after taking a drug test, the employee should inform the MRO of any legal medications prescribed to them and the MRO will take that into consideration when determining whether the test result should be verified positive or negative.
Q: How can I get help for a substance abuse problem?
A:In accordance with Personnel Policies 2508 and 2511, the department encourages employees who feel they have a drug or alcohol problem to voluntarily participate in a drug/alcohol rehabilitation or drug/alcohol education program, but these employees are subject to the same tests as any other employee.
Employees are responsible for the cost of their rehabilitation or education program. Employees may contact the Employee Assistance Program or their insurance provider to learn what coverage they have for a drug/alcohol rehabilitation or drug/alcohol education program.
Salaried employees who attend an alcohol or drug/alcohol rehabilitation or alcohol/drug education program may utilize accumulated sick leave, annual leave, or compensatory time, if needed, for time spent in the program during which they are not able to work.
ShareLeave will not be available for time spent in a drug/alcohol rehabilitation or drug/alcohol education program. Employees who use all their paid leave time may be placed on sick leave without pay status to complete the program; or they may be allowed to claim unpaid Family and Medical Leave (FMLA), if they have not used their limit of FMLA during the previous 12 months and the leave time qualifies under the Family and Medical Leave Act.
Note: If you have questions, contact your local Human Resources representative. Central Office employees who are required or volunteer to plow snow should contact the Human Resources Office in the district where they are assigned to plow snow.