Policies & Procedures

I. PURPOSE

To protect the health, safety, and welfare of all members of the Longwood community.

II. DEFINITIONS

1. Alcohol: Any product as defined in The Alcoholic Beverage Control Act, Section 4.1-100 of the Code of Virginia, as amended.
2. Adulterated Specimen:  A specimen that contains a substance that is not expected to be present in human urine or contains a substance expected to be present but at a concentration so high that it is not consistent with human urine.  A sample determined to not be from the subject being tested, or not from the subject at the time the test was scheduled to be provided.
3. Commercial Driver’s License (CDL):  Any of three types of commercial driver’s licenses required to operate vehicles as described:
   • Class A: Any combination of vehicles with a gross vehicle weight rating (GVWR) of 26,001 or more pounds provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.
   • Class B: Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR.
   • Class C: Any single vehicle or combination of vehicles that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is placarded for hazardous materials.
4. Contract Testing Facility:  A medical facility, including its laboratory, certified for alcohol and drug testing by the U. S. Department of Health and Human Services.
5. Controlled Drug: Any substance defined as such in the Drug Control Act of the Code of Virginia Drug Control Act, Chapter 34, Title 54.1 and the manufacture, distribution, dispensation, use or possession is controlled by law.
6. Covered Employee:  An employee who possesses a CDL and uses it in performance of their university job and law enforcement officers.
7. Covered Position:  A position, job or assignment in which an employee may be required or allowed to operate state-owned vehicles or equipment requiring a valid CDL and employees in law enforcement officer roles who are authorized by the Code of Virginia to exercise full police powers.
8. DOT: Department of Transportation
9. Employee Assistance Program (EAP):  A confidential assessment, referral, and short-term problem-solving service available to eligible employees and family members. Enrollment in the EAP is automatic as part of the health plan coverage.  The EAP helps participants deal with problems affecting personal and work life, such as:
   • conflicts within the family and workplace,
   • personal and emotional concerns,
   • alcohol and substance abuse
   • financial and legal problems,
   • elder and child care, and
   • career concerns and other challenges.
10. Employee: Administrative faculty, professional faculty, teaching faculty, classified and non-classified, full-time and part-time, salaried, and hourly persons, and any and all other individuals, except independent contractors, employed by Longwood.
11. Federal Drug Free Workplace Acts of 1988 and 1998:  Federal law applicable to any agencies accepting federal grants and/or servicing as a federal contractor.  Such agencies are required to implement and follow policies promoting drug-free work places and report convictions occurring as a result of workplace conduct to the respective federal sourcing agency in accordance with the terms and conditions of the contract or grant agreement.
12. Law Enforcement Officer:  employees in Officer roles who are authorized by the Code of Virginia to exercise full police powers
13. Workplace: Any state-owned or leased property, or any site where state employees are performing official duties to include state vehicles/equipment and/or alternate locations to include approved telework locations.

III. POLICY

All Executive Branch employees, both classified and non-classified, including teaching, research and administrative/professional faculty, must abide by DHRM Policy 1.05:  Alcohol and Other Drugs.  In addition, Longwood maintains a program for testing alcohol and controlled drugs for employees with a Commercial Driver’s License (CDL) and for Law Enforcement Officers.  This program includes pre-employment, reasonable suspicion, random and post-accident alcohol and controlled substances testing of employees who are required to obtain a Commercial Driver’s License (CDL) and for Law Enforcement Officers.  All Commercial Driver’s License (CDL) and Law Enforcement Officers are subject to reasonable suspicion testing.

Covered employees will be designated for alcohol and drug testing under the conditions listed below. A refusal to take the tests, the discovery of an adulterated specimen, or tampering with the sample may result in the termination of employment:

• Pre-Employment: As a condition of employment, individuals applying for covered positions are required to receive satisfactory results of a drug and/or alcohol test. Applicants will be advised of the policy and the procedure at the time an offer for employment is made. A positive test result from an applicant will result in Longwood University rescinding the offer of employment.
• Reasonable Suspicion: Covered employees who display physical, behavioral or performance indicators reflecting the appearance of being under the influence of controlled substances or alcohol may be subject to drug and/or alcohol testing. Supervisors, with a witness, shall identify and engage the individual, to confirm the behavior/appearance/odor/speech, and to document the incident by completing a Behavior/Incident Documentation Form.
• Random Testing:  Covered employees will be tested throughout the year for alcohol and controlled substances.  CDL holders will be tested at the Random Testing Rates prescribed by the DOT.  Law Enforcement Officer will be tested at a rate of 25% of those of the average number of identified positions each calendar year.
• Post-Accident:  As soon as practicable following a work related and/or state owned/leased motor vehicle accident involving a covered employee, the employee(s) involved will be tested for controlled substances and alcohol if: (1) the employee was performing a job-related function and the accident involved the loss of human life, and/or (2) the employee receives a citation under state or local law for a moving traffic violation arising out of the accident. Post-accident tests for alcohol should be administered within two hours and no later than eight hours following the accident. Drug tests should be administered no later than 32 hours following the accident. Employees are prohibited from using alcohol or non-prescribed controlled substances until testing is performed or the above time frames have expired.

Other Testing: Covered employees will be tested before being allowed to return to work and perform related duties following a positive test. After returning to work, these covered employees will be tested randomly during the next 12 months. Further, employees in this re-testing group will also continue to be part of the random testing pool.

Supervisor Responsibilities: Supervisors of covered employees are responsible for evaluating the fitness of their covered employees to perform their duties. In the event covered employees do not appear able to perform their work safely, supervisors must relieve these employees of their duties, document the circumstances, and notify Human Resources or the departmental designee so that those individuals may be tested. In the event Human Resources or the departmental designee is not available to arrange the tests, supervisors are authorized to work directly with the Contract Medical Facility.

Human Resources has contracted with a local Contract Medical Facility to conduct, interpret, and communicate test results. Longwood University will rely on the Contract Medical Facility and its Medical Review Officer (MRO) to provide appropriate documented data and testimony in the event the test results in an adverse employment action or a grievance. Human Resources has an after-hours phone number for the Contract Medical Facility.

IV. PROCEDURES

Pre-Employment:  Employment into a position requiring pre-employment screenings is contingent upon receipt of satisfactory results.

1. The hiring official must notify Human Resources to initiate the required pre-employment drug screening.
2. Human Resources will communicate the appointment time at the Contract Medical Facility to the applicant.
3. Applicant will transport themselves to the Contract Medical Facility.
4. In accordance with Longwood University Police Department Standard Operation Procedures, campus police will arrange with the Contract Medical Facility for pre-employment drug screening for law enforcement officer applicants to satisfy sections a – c above.
5. The results of the drug screening will be communicated to Human Resources for CDL applicants and the Chief of Police will be notified of testing results for law enforcement officer candidates.
6. The conditional offer of employment is contingent upon the satisfactory completion of the pre-employment drug screening for CDL applicants.  The conditional offer of employment for law enforcement officers is contingent in part on satisfactory completion of the pre-employment drug screening.

 Reasonable Suspicion:  The supervisor should document observed behavior by completing the Behavior/Incident Documentation Form and, if possible, have at least one other supervisor confirm behavior. Supervisors of law enforcement officers will follow the Longwood University Police Department Standard Operation Procedures.

1. During regular business hours, supervisor should contact Human Resources to seek approval to take a CDL holder employee for testing.
2. If after business hours, the supervisor should contact a department head or other designee for approval to take the employee for testing.
3. The supervisor coordinates the testing appointment and arranges for transportation of employee to the testing facility.
4. No employee suspected of being under the influence of controlled substances or alcohol will be allowed to transport himself/herself to the testing facility.
5. If the employee refuses to be transported but decides to drive himself/herself, the supervisor must notify the Police Department and Human Resources.
6. After testing, the supervisor should arrange for transport of the employee to his/her home.
7. Employees tested for reasonable suspicion may not return to work on the day of the test unless the results are negative.
8. Employees who are tested are typically placed on paid administrative leave pending the outcome of the test results.
9. The testing facility will report test results to Human Resources, who will notify the appropriate supervisor or manager.
10. If results are positive, Human Resources will work with the supervisor and senior management to determine appropriate course of action (referral, disciplinary actions, suspension, termination, etc.).
11. If an employee with a positive result is allowed to continue employment, return to work and continuation of appointment are contingent upon return to duty testing and follow-up testing.

 Random Selection

1. Human Resources will select covered employees for random testing.
2. Supervisors will be notified by Human Resources of the upcoming test.
3. The supervisor will schedule the appointment for a date and time that the selected employee is available.
4. The supervisor will notify the employee of the appointment no more than two hours prior to the scheduled time.
5. The employee must report for testing within two hours.
6. The testing facility will report test results to Human Resources, who will notify the appropriate supervisor or management contact.
7. If results are positive, Human Resources will work with the supervisor and senior management to determine appropriate course of action (referral, disciplinary actions, suspension, termination, etc.).

Post-Accident:  The supervisor should initiate alcohol test in compliance within two hours and no later than eight hours following the accident. Drug tests should be administered no later than 32 hours following the accident. In most cases, the employee should be transported by the supervisor or someone else to the testing facility.

1. If the employee refuses to be transported but decides to drive her/himself, the supervisor must notify the Police Department and Human Resources.
2. Employees may not return to work on the day of the test unless the results are negative.
3. Employees who are tested are typically placed on paid administrative leave pending receipt of the test results.
4. The testing facility will report test results to the Human Resources, who will notify the appropriate supervisor or manager.
5. If results are positive, Human Resources will work with the supervisor and senior management to determine appropriate course of action (referral, disciplinary actions, suspension, termination, etc.).

In the case of an employee required to hold a CDL, or a Law Enforcement position, being arrested for a DUI/DUID charge, evidential testing conducted as part of the criminal process shall be admitted into any personnel action involving the employee as a result of the incident. This shall include both on-duty and off-duty situations.

Return-to-Duty Testing
Employees who have violated the drug or alcohol rules must be re-tested before returning to work. A negative drug test and an alcohol concentration of the current DOT threshold are required. Supervisors will work with Human Resources to coordinate a re-test, and to confirm the test results. 

Follow-up Testing
Employees subject to the provisions of this policy who have tested positive for controlled substances or alcohol will also be subject to unannounced follow-up tests over the next twelve months following their positive test result. The return-to-duty test does not serve as a follow-up test. Human Resources will coordinate the dates and times of these follow-up tests with the employee’s department.

Alcohol Test
The Contract Medical Facility will test the breath of the covered employee for the presence of alcohol. In the event alcohol level does not exceed .02, the results will be recorded as negative and the employee will usually return to his/her normal duties. If the test results indicate the alcohol level to be above .02, the covered employee will be relieved of their duties for the remainder of the day and will be re-tested the next day or prior to performing related duties. Human Resources or the departmental designee and the department head will be notified of the results of the test.

Drug Test
A split urine sample will be taken from covered employees and analyzed for the presence of marijuana, cocaine, opiates, phencyclidine, and amphetamines. Any trace of an illegal substance will be considered a positive result. The Contract Medical Facility is responsible for safeguarding the split sample for a possible second analysis.

MRO Procedures for Positive Test Results
Covered employees will have 72 hours to decide if they would like the split urine retested in the same laboratory. Employees may request a review of testing results by another accredited laboratory (Substance Abuse and Mental Health Administration or SAMHSA accredited facilities) at the employee’s expense. The MRO will notify Human Resources and send a confidential report to the Director of Human Resources or director’s designee.

Employees must abide by the Commonwealth of Virginia’s Policy on Alcohol and Other Drugs, and applicable disciplinary policies governing the conduct of administrators, faculty and staff.

Revised and approved by the Board of Visitors, June 8, 2018.
Revised and approved by the Board of Visitors, September 7, 2002.
Approved by the Board of Visitors, June 6, 2022.