Procedure No.:   47.003

Page No.:        1,2,3 and 4 of 4

Date Issued:     11/1/96

Issued By:       Gary North

PURPOSE:

It is the policy of Ohio University that persons who operate motor vehicles while in the course of university business shall comply fully with all applicable laws and regulations which govern operator certification and licensing. The heads of each department or office are responsible for ensuring that their vehicle operators meet state requirements and University standards.

POLICY:

Under the provisions of state and federal law, operators of certain types of vehicles including vehicles which are used to transport certain types of cargo are required to obtain and possess a Commercial Driver's License (CDL). This includes persons employed in any capacity when driving a vehicle which is identified as a Commercial Motor Vehicle (CMV).

Individuals must have a valid Commercial Driver's License to operate any of the following vehicles:

1. A single vehicle with a gross vehicle weight rating (GVWR) of more than 26,000 pounds;
2. A combination vehicle or vehicle towing a trailer with a combined GVWR of 26,000 pounds or greater;
3. A vehicle designed to transport 16 or more persons (including the driver);
4. A "hot shot" (vehicle with bed-mounted fifth wheel towing trailer) with a combined GVWR of less than 26,000 pounds where the cargo is regulated by the Public Utilities Commission of Ohio;
5. A vehicle (including automobiles) used to transport hazardous materials of the following types:

   
   

   ANY AMOUNT of Class A or Class B explosives, Poison A, flammable solids (labeled dangerous when wet; or radioactive material, (Yellow III Label), Uranium hexafluoride fissile (containing more than 1% U255), Uranium low specific activity (containing 1% or less U235).

   1,000 POUNDS OR MORE of Class C explosives, nonflammable gas including fluorine gas and cryogenic liquid oxygen, flammable gas, flammable liquid, flammable solid, oxidizers, organic peroxide, corrosives, irritates, chlorine (in container with 110 gallon capacity or more), or combustible liquid (in container with 110 gallon capacity or more), also blasting agents and Poison B.

   CDLs are available in three categories, Class A, Class B, and Class C depending upon type and size of vehicle. In addition, separate endorsements are required for the operation of vehicles with air brakes, carry more than 15 passengers (including the driver), transport hazardous materials, carry 1,000 gallons or more of a liquid, and/or tow trailers or equipment.

PROCEDURE:

Each department must determine if any of its vehicles are CMVs as defined by the law. Department administrators are encouraged to consult with the University Garage and University Human Resources to assess the need for the appropriate class of CDLs and applicable endorsements which may be required by their operations. Each department should also check with the Office of Environmental Health and Safety if the routine or even occasional transportation of hazardous materials is a part of the department's operation.

The Office of University Human Resources will assist affected department in determining which classifications or specific positions will require the CDL. If it is determined that an employee will be required to have a CDL, a revision to that effect must be made to that employee's position description. Revised position descriptions must be forwarded to University Human Resources for review and approval. University Human Resources will notify the employee's department and University Garage of approval.

Applicants for employment as a driver of a commercial motor vehicle must provide information required pursuant to Section 4506.20 of the Revised Code.

TRAINING

The university is committed to assisting incumbent employees whose current positions will require CDLs for execution of their University duties to meet the necessary licensing standards. University Human Resources will provide information on how to obtain the two types of training needed for employees to obtain CDLs. Initially, two training sessions, one for the written test and the second for the skills test, will be offered to those employees on staff whose current position requires a CDL. Employees in this group will be granted time without loss of pay to attend CDL training seminars by appointment with the appropriate training agency and with the permission of the employee's department. In addition, the employee's department may be required to make available the appropriate motor vehicle to the employee for the purpose of training and practice. It is the responsibility of the employee's department to arrange for the vehicle to be transported to the training site for those employees with expired licenses. The employee's department may be assessed a fee for the training sessions.

FAILURE OR REFUSAL TO OBTAIN REQUIRED CDLs

Employees who are required to possess a CDL for the execution of their university duties who fail to obtain or maintain the proper license and appropriate endorsements as required by law, shall be immediately suspended from CMV operation.

COMPLIANCE TO CDL REQUIREMENTS

As required by law, employees with CDLs shall report any specified violation to their supervisor by the end of the business day following notice of suspension, revocation, cancellation or loss of CDL privileges. Departments are responsible for reporting information to licensing agencies as required by law and to the University Human Resources no later than the next business day.

COMPLIANCE WITH THE UNIVERSITY'S ALCOHOL AND OTHER DRUGS POLICY (#41.133)

Since University grant funding could be affected by non-compliance with drug and alcohol related legislation initiated by federal, state, and local governments, all drivers of commercial motor vehicles must strictly comply with the University's Alcohol and Other Drugs Policy. In addition, since drivers of commercial motor vehicles may be tested for drug and alcohol use, they must also adhere to the drug and alcohol testing requirements outlined in Appendix A.

APPENDIX A

Testing requirements Drivers of Commercial Motor Vehicles

Types of Drug Testing

1. Random or Unannounced - During the first year of implementation of the Drug and Alcohol Policy, 25% of covered personnel will be randomly tested, thereafter, 50% of covered personnel will be tested annually. The testing will be unannounced and spaced throughout the year.

   Specimen testing shall be conducted by a Department of Health and Human Services - Certified Laboratory in accordance with Department of Transportation regulations contained in 49 CFR Part 40, Procedures for Transportation Workplace Drug-Testing Programs. A description of those requirements is contained in the MRO Drug Testing Manual. The specimen's chain-of possession shall be strictly adhered to as prescribed by University procedure and as described in the MRO Drug Testing Manual. Specifications will also be noted by specimen collection at non-University sites (e.g. airports in other cities).

2. Post-Accident - After an accident, covered personnel will be tested as soon as possible, but no later than 32 hours after the accident, if that person(s) performance either contributed to or cannot be completely discounted as a contributing factor to the accident.

3. Reasonable Cause - A covered person whom two supervisors reasonably suspect is using a prohibited drug based on information provided by a law enforcement agency acting with probable cause; or based on specific contemporaneous physical, behavioral, or performance indicators will be tested. The supervisor must have been trained to detect symptoms of drug use and have participated in annual EAP training to access and demonstrate the basis for reasonable cause testing.

4. Return to Duty - Covered personnel who have been returned to duty after failing a drug test or refusing to submit to a drug test will be subject to unannounced drug tests for a minimum of 12 months and a maximum of 60 months as determined and scheduled by the Medical Review Officer (Hudson Health Medical Officer).

5. Periodic - A covered person who holds a medical certificate pursuant to FAR Part 67 must submit to a drug test as part of the first medical examination following implementation of the Drug and Alcohol Policy (#41.133). This requirement may be discontinued after a full calendar year of announced random testing.

6. Failure to Submit or Failure to Comply - A covered person who refuses to submit to a drug test may be denied an application for or renewal of any certificate or rating issued for up to one year following refusal. Refusal is also grounds for suspension or revocation of any certificate or rating.

   Refusal of a covered person to submit to a drug test and failure of a drug test resulting in the suspension or revocation of the certificate or license is grounds for disciplinary action up to and including termination, consistent with due process. All disciplinary measures involving drug policy violations shall be reviewed with University Human Resources prior to issuance. This is to assure consistency and fairness in implementation.

Dick Piccard revised this file (http://www.ohio.edu/policy/47-003.html) on May 15, 2013.

Please E-mail any comments or suggestions to "policy@ohio.edu".