The commonwealth may conduct pre-employment drug/alcohol testing of applicants for positions. Any other type of drug/alcohol testing for any employee requires a legal determination, union negotiation, and a demonstrated need.
Agencies must request OA approval to establish employee drug/alcohol testing programs.
Federal regulations require drug and alcohol testing of employees whose positions require them to possess a CDL and who perform safety sensitive duties. Federal regulations provide for drug/alcohol tests of such employees in the following situations: pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow-up.
As a result, agencies with employees meeting the criteria should follow policies and procedures outlined in the CDL Program Manual.
Employees who test positive (or who refuse to test or submit an adulterated sample):
- Are required (if not terminated) to participate in the State Employee Assistance Program (SEAP) in order to retain their employment. An employee who fails to participate and comply with all recommendations will be subject to discipline, up to and including discharge from employment.
- May not return to safety sensitive duties until cleared by a SEAP substance abuse professional.
Once returned to safety sensitive duty, the employee will be subject to follow-up drug/alcohol tests for up to 5 years. The employee is also placed back into the random testing pool, and will be subject to random drug/alcohol tests as well. An employee who tests positive for a second time will be subject to discipline, up to and including discharge from employment.