It is well-recognized that drug and alcohol abuse have a harmful effect on public health and
safety, on the welfare of employees, on morale, and on productivity. In this regard, the
Budget and Control Board establishes drug testing policies and procedures to test for
illegal drug use by employees in positions identified as sensitive and for drug use by any
employee when a reasonable suspicion exists that illegal drugs are being used on duty or
that drug-related job impairment exists. The procedures set forth in this policy for
reasonable suspicion testing should be followed for all employees.
Any current Board employee who moves by way of promotion, demotion, reclassification,
transfer or reassignment from a position where testing was not required to a position
considered safety sensitive, may be subject to drug and/or alcohol testing prior to the
action taking place.
When employees in safety sensitive positions are involved in illegal drug use and drug
activity, and/or impaired by the effects of alcohol, the lives of others are endangered and
the safety of the state’s vehicles are compromised.
Additionally, to comply with federal law (49 CFR Part 40), the South Carolina Budget and
Control Board requires that before a person can be recommended for a position that
requires a Commercial Drivers License (CDL), he/she will be subject to testing for
controlled substances use before that person becomes employed in that position.
II. Definitions
A. Applicant: Any applicant for a position requiring a Commercial Driver’s
License (CDL).
B. Covered Employee: Any employee in a position requiring a Commercial
Driver’s License (CDL).
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C. Drug Test Administrator (DTA): An individual designated by each office
who is responsible for administering the drug and alcohol testing procedures.
D. Human Resources Director or his/her designee: Coordinates the
development of procedures related to drug and alcohol testing, coordinates
with the Employee Assistance Program for training, assists Division/Office
Directors in interpreting the disciplinary policy, and works with the Drug Test
Administrator to coordinate applicant testing.
E. Medical Review Officer (MRO): A physician who interprets and evaluates
an individual’s confirmed positive test result with his or her medical history
and any other information to determine whether there is an alternative
explanation.
F. Reasonable Suspicion Testing. Substance abuse testing based on a belief
that an employee is using or has used drugs or alcohol in violation of the
policy of the employer drawn from specific objective and articulate facts and
reasonable inferences drawn from the facts in light of experience. Among
other things, the facts and inferences may be based upon, but not limited to,
the following:
1. Observable phenomena while at work such as direct
observation of substance abuse or of the physical symptoms
or manifestations or being impaired due to substance abuse.
2. Abnormal conduct or erratic behavior while at work or a
significant deterioration in work performance.
3. A report of substance abuse provided by a reliable and
credible source.
4. Evidence that an individual has tampered with any substance
abuse test during his or her employment with the current
employer.
5. Information that an employee has caused or contributed to an
accident while at work.
6. Evidence that an employee has used, possessed, sold,
solicited, or transferred drugs while working or while on the
premises of the employer or while operating the employer’s
vehicle, machinery, or equipment.
G. Safety-sensitive Function: Any on-duty function such as the time that a
driver is at the office or shop facility or any other property waiting to be
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dispatched unless he/she has been relieved of duty by the employer; or all
time inspecting equipment or servicing or conditioning any commercial motor
vehicle at any time; or all driving time or time spent at the driving controls of a
commercial motor vehicle in operation; or all time other than driving time in or
upon any commercial motor vehicle except time spent resting in the sleeper
berth of the vehicle; or all time spent loading or unloading a commercial
motor vehicle, supervising or assisting in the loading or unloading, attending
a commercial motor vehicle being loaded or unloaded, remaining in
readiness to operate the commercial motor vehicle, or in giving or receiving
receipts or paperwork for shipments loaded or unloaded or work performed;
or all time spent performing the driver’s responsibility in an accident situation;
or all time spent repairing, obtaining assistance or remaining in attendance
upon a disabled commercial motor vehicle. This includes mechanics who
repair commercial motor vehicles.
H. Refusal to Submit: An employee will be subject to the same consequences
of a positive test if he/she refuses the screening or the test, adulterates or
dilutes the specimen, substitutes the specimen with that from another person
or sends an imposter, will not sign the required forms or refuses to cooperate
in the testing process in such a way that prevents completion of the test.
I. Split Sample: Shall mean two urine specimens. If an employee’s test
results are positive, the employee has an opportunity to have the second
sample tested by a second Department of Health and Human Services
certified laboratory for the identified drug(s) only with no cut off levels. No
cut off levels means any trace of drugs in the second sample will be
considered positive.
III. Drug Testing
To ensure the accuracy and fairness of our testing program, all testing will be conducted
according to US Department of Transportation guidelines where applicable and will include
a screening test; a confirmation test; the opportunity for a split sample; review by a Medical
Review Officer, including the opportunity for employees who test positive to provide a
legitimate medical explanation, such as a physician= prescription for the positive result;
and a documented chain of custody. Each employee, as a condition of employment, may
be required to participate in pre-employment, random, post-accident and reasonable
suspicion testing upon selection or request of management. The substances that will be
tested for are: Amphetamines, Cannabinoids (THC), Cocaine, Opiates, Phencyclidine
(PCP) and Alcohol. Testing for the presence of alcohol will be conducted by a breath test.
If an alcohol concentration is discovered at less than 0.02, the test will be considered
negative for purposes of this policy. Testing for the presence of the metabolites of drugs
will be conducted by the analysis of urine.
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A. Pre-Employment Testing
When pre-employment testing is appropriate, Board Human Resources will
coordinate applicant testing when an employee selection is made. The
selected applicant will be notified by Board Human Resources that they are
required to report to a facility at a given date and time and submit to a drug
screening test.
In addition, when the desired position is one requiring a CDL, the Board is
not required to administer a pre-employment controlled substance test if the
following conditions are met:
1. The driver must have participated in a drug testing program
meeting the requirements of this rule within the previous 30
days; and
2. While participating in this program the driver must have either
been tested for controlled substances in the previous 6
months, or participated in a random drug testing program for
the previous 12 months; and
3. Board Human Resources must ensure that no prior employer
of the driver has record of violations of any U.S. Department of
Transportation controlled substance use rule for the driver in
the previous 6 months.
Any applicant shall be disqualified from further consideration for
employment for the following reasons:
1. Refusal to submit to a required drug test; or
2. A confirmed positive drug test indicating drug use prohibited by
this policy.
B. Reasonable Suspicion
If the supervisor of an employee or Board official suspects reasonable
suspicion testing is appropriate, the supervisor or official will obtain the
concurrence of another supervisor if it is feasible to do so. Board Human
Resources staff will advise the appropriate officials and together they will
determine whether this employee should be tested. If an employee is tested
for controlled substance use due to reasonable suspicion, he/she shall be
suspended pending the results of the test. If the test is positive, the
established disciplinary policy will be followed. If the test is negative, the
employee shall return to his/her regular work without disciplinary penalty. If
the employee was suspended pending the results of the test, he/she will
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receive all back pay for the regular duty time for which he/she required was
to be absent.
C. Post-Accident Testing
An employee may be required to submit to post-accident drug and/or
alcohol test under the following circumstances:
1. After an accident involving the death of a human being.
2. Upon being issued a citation for a moving violation after an
accident.
If a federal, state or local law enforcement officer directs an employee to
submit to a drug and/or alcohol test at the scene of an accident, it will be the
responsibility of the employee to notify his/her supervisor or another Board
official immediately and provide an incident report.
If an employee is not tested on the scene by law enforcement officials, the
employee may be required to submit to drug testing no later than thirty-two
(32) hours and/or alcohol tested no later than eight (8) hours after the
accident.
In the case where an employee is seriously injured and cannot provide a
specimen at the time of the accident, he/she must provide the necessary
authorization to release information needed to determine the existence of
drugs and/or alcohol in his/her system.
The Office DTA (or other Board official) will be contacted immediately after
an accident under the circumstances described in the above paragraph so
that specimen collection can be made as soon as possible after the accident.
D. Return-to-Duty and Follow-up Testing For Covered Employees
Return-to-Duty Testing for Covered Employees
Each employer shall ensure that before a driver returns to duty requiring the
performance of a safety-sensitive function, after engaging in prohibited
conduct regarding alcohol misuse, the driver shall undergo a return-to-duty
alcohol test indicating a breath alcohol concentration of less than 0.02.
Each employer shall also ensure that before a driver returns to duty requiring
the performance of a safety-sensitive function after engaging in prohibited
conduct regarding controlled substance use, the driver shall undergo a
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return-to-duty controlled substance test with a result indicating a verified
negative result for controlled substance use.
In the event a return-to-duty test is required, the driver must also be
evaluated by a substance abuse professional (SAP) and participate in any
assistance program prescribed.
Follow-up Testing
Following a determination that a driver is in need of assistance in resolving
problems associated with alcohol misuse and/or use of controlled
substances, each employer shall ensure that the driver is subject to
unannounced follow-up alcohol and/or controlled substance testing as
directed by the substance abuse professional. The driver shall be subject to
a minimum of six follow-up controlled substance and/or alcohol tests in the
first 12 months.
Alcohol follow-up testing shall be performed only when the driver is
performing safety-sensitive functions, or immediately prior to performing or
immediately after performing safety-sensitive functions.
IV. Record Keeping
Board Human Resources will be responsible for keeping the results of the lab
testing in accordance with Federal Regulations. Results of test will be kept on file,
but the results of the test will not be disclosed without the prior written consent of
the employee except to the MRO and officials who need the information to
administer this policy or to recommend or carry out disciplinary action.
V. Counseling
The Budget and Control Board shall provide educational material to all employees.
The Board also recognizes that alcohol and drug abuse and addiction are treatable
illnesses and that early intervention and support improve the success of
rehabilitation. The Employee Assistance Program (EAP) is the Board’s counseling
program that assists employees with personal problems that may affect their job
responsibilities including but not limited to the treatment of alcohol and/or drug
addiction.
A supervisor may refer an employee to the EAP. The EAP will provide counseling or
will refer the employee to a rehabilitation or treatment organization. The supervisor
will monitor the progress of employees referred to the EAP both during and after the
rehabilitation period.
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VI. Confidentiality
All information received by the organization through the drug-free workplace
program is confidential communication. Access to this information is limited to those
who have a legitimate need to know in compliance with relevant laws and
management policies.

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