AY23 Academic Catalog/Handbook

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Commercial Truck Driving Program

Oconee Fall Line Technical College’s Transportation programs are committed to providing a safe environment and fostering the well-being and health of its students and employees. For purposes of this procedure, the programs will be referred to as Commercial Truck Driving (CTD). That commitment is jeopardized when any student of the college illegally uses drugs, comes to school under the influence, possesses, manufactures, distributes or sells drugs or abuses alcohol while enrolled at Oconee Fall Line Technical College, hereinafter referred to OFTC. In accordance with Federal Motor Carrier Safety Regulation Part 382, the following procedure has been established.

It is our procedure to (1) assure that students are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; (2) create a learning environment free from the adverse effects of drug abuse and alcohol misuse; (3) prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; and (4) to encourage students to seek professional assistance at any time with personal problems, including alcohol or drug dependency, that adversely affect their ability to perform their assigned duties.

Students who fail to follow or violate any of the provisions of this procedure will be dismissed from the CTD program for one full semester before being eligible to reapply to the program. A student who violates this procedure a second time will result in permanent dismissal from the program. Any student who violates any of the provisions set forth in this procedure will also receive a course grade of “F” for the course(s) currently enrolled and of which a grade has not already been earned/recorded and a grade of “0” for work ethics.

Purpose

The purpose of this procedure is to assure student fitness for school and to protect our students, employees, and the public from the risks posed by the misuse of alcohol and use of prohibited drugs. This procedure is also intended to comply with all applicable Federal regulations governing workplace drug and alcohol programs in the transportation industry. The Federal Motor Carrier Safety Administration (FMCSA) of the U.S. Department of Transportation has published 49 CFR Part 40, as amended, that sets standards for the collection and testing of urine and breath specimens. In addition, the Federal government published 49 CFR Part 29, “The Drug-Free Workplace Act of 1988,” which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses. This procedure incorporates those requirements for safety sensitive students and others when so noted.

Applicability

This procedure applies to all OFTC CTD students when they are on OFTC property or when performing ANY OFTC-related business including off-site instructional activities. This procedure also applies to off-site lunch periods or breaks when a student is scheduled to return to class.

Participation as a Requirement of Enrollment

Students will not be allowed to perform safety-sensitive functions in the CTD program or continue in the program without participating in mandatory drug testing and/or random drug/alcohol testing. Students must show a photo I.D. before testing.

Compliance with Testing Requirements

All CTD students will be subject to urine drug testing as a condition of program enrollment. Any CTD student who refuses to comply with a request for testing shall be dismissed. Any CTD student who is suspected of providing false information in connection with a test, or who is suspected of falsifying test results through tampering, contamination, adulteration, or substitution will be required to undergo an observed collection at the student’s expense. Verification of a positive test will result in the student being dismissed from the CTD program for one full semester before being eligible to reapply. Refusal can include an inability to provide a sufficient urine specimen, saliva sample, or a breath sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test.

Behavior that Constitutes a Refusal to a Test

Failure to submit to a required substance abuse test within the required time frame or submitting a verified adulterated or substitute drug test constitutes a refusal and will be viewed as a positive result: “Such behavior includes refusal to take the test (382.211); inability to provide sufficient quantities of breath, saliva, or urine to be tested without a valid medical explanation; tampering with or attempting to adulterate the specimen; interfering with the collection procedure; not immediately reporting to the collection site; failing to remain at the collection site until the collection process is complete; having a test result reported by an MRO as adulterated or substituted; or leaving the scene of an accident without a valid reason before the tests have been conducted.”

Prohibited Substances

Prohibited substances addressed by this procedure include the following:

  1. Illegally Used Controlled Substances or Drugs

    The use of any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), as further defined by 21 CFR 1300, 11 through 1300.15 is prohibited at all times unless a legal prescription has been written for the substance. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs (reviewed by a medical review officer), and use of illegally obtained prescription drugs.

  2. Legal Drugs

    The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance that carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to the drug and alcohol testing center. In addition, the student must obtain a written release from the attending physician releasing the person to perform his/her school duties any time he/she obtains a performance altering prescription.

    A legally prescribed drug means that an individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the patient’s name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing college business is prohibited. According to FMCSA (DOT) regulation Part 382.213 (a), “No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner, as defined in §382.107, who has advised the driver that the substance will not adversely affect the driver’s ability to safely operate a commercial motor vehicle.

  3. Alcohol

    The use of beverages containing alcohol or substances including any medication, mouthwash, food, candy, or any other substance such that alcohol is present in the body while performing classroom activities is prohibited. The concentration of alcohol is expressed in terms of alcohol per 210 liters of breath as measured by an evidential breath testing device.

Prohibited Behavior

  1. Manufacture, Trafficking, Possession and Use

    CTD students are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances on college premises, in OFTC owned/leased vehicles, or at an off-site instructional activity. Students who violate this provision will be dismissed from the CTD Program for one full semester before being eligible to reapply. Law enforcement may be notified, as appropriate, where criminal activity is suspected.

  2. Intoxication/Under the Influence

    Any CTD student who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for school shall be suspended from school duties pending an investigation and verification of condition. Students found to be under the influence of a prohibited substance or who fail to pass a drug or alcohol test shall be dismissed from the CTD Program for one full semester before being eligible to reapply. A drug or alcohol test is considered positive if the individual is found to have a quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in 49 CRF Part 40, as amended.

  3. Alcohol Use

    No CTD student shall report to OFTC or any off-site instructional activity when his/her ability to perform assigned safety sensitive functions is adversely affected by alcohol or when his/her breath alcohol concentration is 0.01 or greater. No CTD student shall use alcohol while at OFTC or any off-site instructional activity. CTD students shall not use alcohol within eight (8) hours of reporting for class or during the hours that they are in class. Violation of these provisions is prohibited and punishable by dismissal from the CTD program for one full semester before being eligible to reapply.

Proper Application of the Policy

OFTC is dedicated to assuring fair and equitable application of this substance abuse procedure. Therefore, supervisors/instructors are required to use and apply all aspects of this procedure in an unbiased and impartial manner. Any supervisor/instructor who knowingly disregards the requirements of this procedure, or who is found to deliberately misuse the procedure in regard to students, shall be subject to disciplinary action, up to and including termination.