Texas Register, Volume 23, Number 49, Part IV, Pages 12451-12559, December 4, 1998 Page: 12,463
12451-12559 p. ; 28 cm.View a full description of this periodical.
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administration, or a designee not below the level of assistant district
engineer, deputy division director, or director of administration, and
by the program staff in the Human Resources Division.
(F) An alcohol test should be administered within two
hours following an incident. If an alcohol test is not administered
within two hours, the department will continue to try to test up to
eight hours following an incident. The substance control officer will
prepare a record stating the reasons the alcohol teatal wat promptly
administered.
(G) A drug test should be administered as soon as
possible. If a drug test is not administered within 32 hours following
an incident, the department will cease attempts to administer a drug
test, and prepare a record stating the reasons the test was not promptly
administered.
(3) Training. All supervisors and substance control
officers must be trained in the signs and symptoms of drug and
alcohol use and on the department's policy and procedures related
to reasonable cause testing prior to any testing determinations
(c) Administrative and disciplinary actions.
(1) Consumption of an alcoholic beverage, the possession
of an open container of an alcoholic beverage, dangerous drug
possession or use, or the inappropriate use of an inhalant. An
employee may be subject to administrative and disciplinary actions,
including termination from the department for consumption of
an alcoholic beverage, the possession of an open container of
an alcoholic beverage, dangerous drug possession or use, or the
inappropriate use of an inhalant.
(A) An employee in the workplace, while on duty, or
while operating a state vehicle may not:
(i) possess an open container of an alcoholic bev-
erage or consume an alcoholic beverage;
(ii) possess or take a dangerous drug whether orally
or by inhalation or injection; or
(iii) inappropriately use an inhalant.
(B) If an employee is directly observed participating
in any of the prohibited activities outlined in this subsection, the
following procedure will be used.
(i) The supervisor or substance control officer will
immediately remove an employee from performing any duties listed
in subsection (bX2XC) of this section.
(ii) If the supervisor has a reasonable suspicion that
the employee is working under the influence at this time, based on
documented observed physical, behavioral, or performance indicators,
the employee will be sent for a reasonable cause test under subsection
(b) of this section.
(iii) If the supervisor does not have sufficient docu-
mented observed indicators of the employee working under the influ-
ence at this time, the employee will be given an opportunity to offer
a reasonable explanation for the observed circumstances and behav-
iors. At the same time, the supervisor or substance control officer
will immediately provide the employee with a letter which:behavior;
0() summarizes the observed circumstances and
(II) notifies the employee that the consumption
of alcohol, the possession of an open container of an alcoholic bev-
erage, the possession or use of dangerous drugs, or the inappropriateuse of an inhalant in the workplace, while on duty or while operating
a state vehicle, subjects the employee to administrative and disci-
plinary actions;
(III) advises the employee that he or she is being
given an opportunity to offer a reasonable explanation; and
(IV) advises the employee of the action to be
taken if he or she refuses to explain his or her actions or if his or her
response indicates that he or she violated the policies and prohibitions
of subsection (a) of this section or is insufficient or not acceptable.
(iv) If the employee refuses to explain his or her
actions or if the employee's response indicates that he or she has
violated the policies and prohibitions of subsection (a) of this section
or is insufficient or not acceptable or the supervisor has sufficient
documented observed indicators of the employee under the influence
or the employee has an alcohol test result of .04 or greater, then
the supervisor or the substance control officer will mandatorily refer
the employee to the EAP and require him or her to successfully
complete treatment, under subsection (d) of this section. Additional
disciplinary actions may also be taken. In addition, the employee
will be removed from his or her official job duties and required to
take sick leave, vacation leave, compensatory time or leave without
pay if the employee has exhausted his or her accrued leave, until 24
hours have passed.
(v) If the employee has an alcohol test with a result
of .02 or greater but less than .04 or the employee has been sent for a
drug test, the supervisor or the substance control officer will remove
the employee from official duties and the employee will be required
to take sick leave, vacation leave, compensatory time or leave without
pay, if the employee has exhausted his or her accrued leave, until:
(1) 24 hours have passed following the alcohol
test; or
(II) a negative drug test result has been reported
by the medical review officer.
(vi) If the employee has a drug test with a verified
positive result, then the supervisor or the substance control officer
will mandatorily refer the employee to the EAP and require him or
her to successfully complete treatment, under subsection (d) of this
section.
(vii) In addition to actions described in this subsec-
tion, an employee who has a positive drug test result or an alcohol
test result of .04 or greater or who violates 4.34(b)(1)-(5) of this
title (relating to Commercial Drivers) will complete the following re-
quirements.
(/) The employee will undergo a return-to-duty
alcohol or drug test. The alcohol test must indicate a result of less
than .02 or a drug test must indicate a verified negative result. An
employee who fails to pass a return-to-duty drug or alcohol test has
not successfully completed treatment and will be terminated.
(II) The employee will provide a completed
fitness-for-duty form as provided in subsection (dX3) of this section.
prior to resuming any duties listed in subsection (bX2XC) of this
section once he or she has completed the initial phase of treatment.
An employee who is subject to 4.34-4.36 of this subchapter and
who is not required to provide a completed fitness-for-duty form as
provided in subsection (dX3) of this section, will still be subject to a
return-to-duty test.
(Ill) The employee will undergo follow-up test-
ing for alcohol or dangerous drugs for a period of up to 60 monthsADOPTED RULES December 4,1998 23 TexReg 12463
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Texas. Secretary of State. Texas Register, Volume 23, Number 49, Part IV, Pages 12451-12559, December 4, 1998, periodical, December 4, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379984/m1/23/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.