Accident, for purposes of this policy, is as an incident involving an employee whose job responsibilities require a commercial driver’s license (CDL) in which there is:
A. A fatality;
B. The employee received a citation under state or local law for a moving traffic violation arising from the accident, if the accident involved bodily injury to any person who, as a result of the injury, immediately received medical treatment away from the scene of the accident; or
C. The employee received a citation under state or local law for a moving traffic violation arising from the accident, if the accident involved one or more vehicles incurring disabling damage as a result of the accident requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
Adulterated Specimen contains a substance that is not expected to
be present in human urine, or contains a substance expected to be present but
is at a concentration so high that it is not consistent with human urine.
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
Alcohol Concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test (EBT).
Alcohol Use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.
Breath Alcohol Technician (BAT) is an individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing device.
Canceled or Invalid Test is a drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which procedures otherwise require it to be canceled. A canceled test is neither a positive nor a negative test.
Chain of Custody is the procedure used to document
the handling of the urine specimen from the time the employee gives the specimen
to the collector until the specimen is destroyed.
Commercial Motor Vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle 1) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight of 10,000 or more pounds; or 2) has a gross vehicle weight rating of 26,001 or more pounds; or 3) is designed to transport sixteen or more passengers, including the driver; or 4) is of any size used in the transportation of materials found to be hazardous for the purposes of the Hazardous Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations.
Confirmation Test for alcohol testing means a second test, following a screening test that had a result of 0.02 or greater, which provides quantitative data of alcohol concentration. For controlled substances testing, it means a second analytical procedure to identify the presence of a specific drug or metabolite; the confirmation test must be independent of the screen test and use a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy.
Controlled Substances means the same as the term “drug” and the district is required to test for marijuana, cocaine, opiates, amphetamines and phencylidine.
Designated Employer Representative (DER) is an employee identified by the district as authorized to receive communications and test results from service agents and who is authorized to take immediate action(s) to remove employees from safety sensitive duties and make required decisions in the testing and evaluation processes. The individual must be an employee of the district.
Dilute Specimen is a specimen with creatinine and
specific gravity values that are lower than expected for human urine.
Driver means any person who is required as part of his or her job responsibilities to possess a valid CDL. For the purpose of pre-employment testing/pre-duty testing only, the term driver includes a prospective employee for a position which requires a valid CDL.
Evidential Breath Testing Device (EBT) is a device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath for alcohol concentration and placed on NHTSA’s “Conforming Products List of Evidential Breath Testing Devices” (CPL).
Initial Drug Test is the test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites.
Medical Review Officer (MRO) is a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving and reviewing laboratory results generated by an employer’s drug testing program.
Reasonable Suspicion is the belief that the driver has violated the
alcohol or controlled substances prohibitions, based on specific,
contemporaneous, articulable observations concerning the appearance, behavior,
speech or body odors of the driver.
Refusal to submit (to an alcohol or controlled substance test) occurs when a driver:
A. Fails to appear for any test (except a pre-employment test) within a reasonable time as determined by the district consistent with this procedure, after being directed to do so by the district.
B. Fails to remain at the testing site until the testing process is complete.
C. Fails to provide a urine specimen for any drug test required by district policy or federal rules.
D. Fails to permit the observation or monitoring of the provision of the specimen when directly observed collection is required.
E. Fails to provide a sufficient amount of urine when directed, if it has been determined through a medical evaluation that there was no adequate medical explanation for the failure.
F. Fails to provide a saliva or breath specimen when required.
G. Fails to provide a sufficient breath specimen when a physician has determined through a medical evaluation that there is no adequate medical explanation for the failure.
H. Fails to sign the certification at Step 2 of the Alcohol Testing form during an alcohol screening test.
I. Fails or declines to take a second test the as employer or collector has directed.
J. Fails to undergo a medical examination or evaluation as directed by the MRO as part of the verification process, or as directed by the DER.
K. Fails to cooperate with any part of the testing process (e.g. refuses to empty pockets when so directed by the collector or behaves in a confrontational way that disrupts the collection process)s.
L. Is reported by the MRO as having a verified adulterated or substituted test result.
Safety-Sensitive Function is all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. For school districts the typical safety-sensitive function is operating a school bus or other commercial vehicle. Safety-sensitive functions shall include:
A. All time at the district waiting to be dispatched.
B. All time inspecting equipment or otherwise servicing any commercial motor vehicle at any time.
C. All time spent at the driving controls of a commercial vehicle in operation.
D. All time in or on a commercial vehicle.
E. All time repairing, obtaining assistance or remaining in attendance on a disabled vehicle.
Screening Test (initial test), in alcohol testing it means an analytical procedure to determine whether a driver may have prohibited concentration of alcohol in his or her system. In controlled substance testing, it means test to eliminate “negative” urine specimens from further analysis or to identify a specimen that requires additional testing for the presence of drugs.
Split Specimen is the part of the urine specimen sent to the first laboratory and retained unopened, so that it can be sent to a second laboratory in the event an employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result.
Stand-Down is prohibited by federal regulations and consists of temporarily removing an employee from the performance of safety-sensitive functions based only on a report from a laboratory to the MRO of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test, before the MRO has completed verification of the test result.
Substance Abuse Professional (SAP) means a licensed physician (MD or Doctor of Osteopathy) or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.
Third Party Administrator (TPA)/Consortium Administrator is a service agent that provides or coordinates one or more drug/alcohol testing services to the district.
Verified Test is a drug test or validity testing result from a federally certified laboratory that has undergone review and final determination by the MRO.
A. Controlled substance testing is required prior to the first time a driver performs a safety-sensitive function for the district. This includes:
1. Testing prospective employees who have been offered employment in positions requiring possession of a valid CDL; and
2. Testing current employees reassigned to positions requiring a valid CDL.
B. No newly hired or transferred driver shall perform safety-sensitive functions unless the employer has received a controlled substances test result from a medical review officer indicating a verified negative test result.
C. The district shall post in the employment office a statement that drug testing is a part of the district’s employment process and that satisfactory completion of such a test is a condition of employment.
1. The notice will be included as part of the application packet.
2. Individuals transferred to positions which may require drug testing will be notified in writing prior to the transfer.
D. Candidates and district transfers selected for positions requiring drug testing will be offered the position pending a negative drug screening. This offer may be made verbally and shall be confirmed in writing. The supervisor will inform the prospective driver of the requirement to report for testing within 24 hours and the consequences for failure to do so.
E. The MRO or designee will provide verbal communication to the DER within 48 hours of confirmed negative drug test results. The MRO will notify the DER immediately upon verification of positive test results. The MRO or designee will provide written test results to the district within three days of verbal notification.
F. Upon receipt of a negative drug test, the prospective driver may commence safety-sensitive functions.
G. Upon receipt of a positive drug test result, the prospective employee will be notified that he or he will no longer be considered for employment with the district. Potential transfer drivers with positive drug test results will not be permitted to transfer to a position requiring a CDL. Whether or not they continue in their present assignments with the district, are transferred to positions not requiring a CDL (with or without discipline) or are discharged will depend on the individual circumstances and the application of other policies, laws and the collective bargaining agreement, if any. The district will provide the former applicant or potential transfer with a written list of the resources available for evaluating and resolving problems associated with the use of controlled substances.
H. The district shall notify a prospective driver of the results of a pre-employment controlled substance test conducted under this policy and procedure if the driver requests such results within 60 calendar days of being notified of the disposition of the employment application.
I. These provisions will apply to employees not being transferred, but performing safety-sensitive functions for the first time in a position.
J. Test
Results and Consequences: Notification from the MRO of a positive controlled
substance test result will be dealt with as indicated in paragraph G 8 of this section.
K. Exceptions to Pre-employment Test Requirements
1. The district is not required to administer a pre-employment controlled substance test if the following conditions are met:
a. The
driver has participated in a drug testing program in the previous 30 days; and.
b. While participating in that program the driver
must have either been tested for controlled substances in the previous six
months, or participated in a random drug testing program for the previous 12
months; and
c. The district ensures that no prior employer of the driver has record of violations of any DOT controlled substance use rule for the driver in the previous 6 months.
2. In order to exercise the exception listed above, the district must first contact the controlled substance testing program(s) in which the driver has participated and obtain the following information before the prospective employee is permitted to perform safety-sensitive functions:
a. The name(s) and address(s) of the program(s). This would generally be the driver’s prior and/or current employer(s).
b. Verification that the driver participates or participated in the program.
c. Verification that the program conforms to the required procedures set forth in the DOT rules.
d. Verification that the driver has not refused to submit to controlled substance test.
e. The date the driver was last tested for controlled substances.
f. The results of any drug tests administered in the previous six months and any violations of the controlled substance rules.
L. Pre-employment Investigation of Employees Intended to Perform Safety-Sensitive Duties:
1. The district may obtain from any previous employer of a prospective driver, provided the driver has given his or his written consent, any information concerning the driver’s participation in a controlled substances and alcohol testing program. Failure by a prospective driver to provide the district with a release for information that the district is required by federal rules to review will result in any prospective offers of employment being withdrawn.
2. The district must obtain and review the information listed below from any employer the driver performed safety-sensitive functions for in the previous two years. The information must be obtained and reviewed no later than thirty days after the first time a driver performs safety-sensitive functions. The information obtained must include:
a. Alcohol tests in which a breath alcohol concentration of 0.04 or greater was indicated.
b. Verified positive drug tests
c. Refusals to submit to a required alcohol or controlled substance test, including verified adulterated or substituted drug tests results.
d. Other violations of federal drug or alcohol testing rules.
e. With
respect to any employee who violated a federal drug or alcohol rule, documentation
of the employee’s successful completion of federal return-to-duty/follow-up
testing requirements. If the previous
employer does not have this information, the district must seek to obtain the information
from the employee.
The information
obtained from a previous employer includes any drug or alcohol test information
obtained from previous employers under federal regulations.
If the driver stops performing safety-sensitive functions for the employer
before expiration of the thirty day period or before the district has obtained
the information listed above, the district must still obtain the information.
For example, if a driver quits after one week of employment and the information
has not been obtained, the district must still obtain the information.
3. The district must provide to each of the driver’s previous employers of the past two years a written authorization from the driver for release of the required information. The release of information may take the form of personal interviews, telephone interviews, letters, or any other method that ensures confidentiality. The district must maintain a written, confidential record with respect to each past employer contacted.
4. The district may not use a driver to perform safety-sensitive functions if the employer obtains information indicating the driver has tested positive for controlled substances, tested at or above 0.04 evaluated by a SAP, completed any required treatment, passed a return to duty test, and been subject to follow-up testing.
M. Inquiry of the Prospective Employee: The district will also ask the prospective employee whether he/she has tested positive or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the employee applied for, but did not obtain, safety-sensitive transportation work covered by the federal rules during the past two years. If the employee admits that he/she had a positive test or a refusal to test, the prospective employee must not be permitted to perform safety-sensitive functions for the district.
The district will participate in the ESD’s testing consortium.
A. Random Alcohol Testing: A minimum of ten percent (10%) of the drivers employed by participating districts in the consortium will be randomly selected for alcohol testing annually. (The Federal Motor Carrier Safety Administration (FMCSA) may adjust the percentage required for annual random testing.) Drivers shall only be tested for alcohol while they are performing safety-sensitive functions, immediately prior to performing or immediately after performing safety-sensitive functions. (Example: a transportation supervisor may be in the random selection pool because he or she is required to be on-call to drive and to have a CDL.
B. Random Controlled Substance Testing: The consortium will annually administer substance abuse tests to a minimum of 50% of the drivers employed by districts participating in the consortium, randomly selected. (The FMCSA may adjust the percentage required for annual random testing.)
C. Process:
1. The consortium will ensure that random alcohol and substance abuse tests are unannounced and dates for administering the random tests are spread reasonably through the calendar year.
2. The selection of drivers for random alcohol and controlled substance testing shall be made by a scientifically valid method, such as a random number table or a computer-based random number generator. Under the selection process used, each driver shall have an equal chance of being tested each time selections are made. Each driver selected for testing shall be tested during the selection period.
3. The district shall ensure that drivers selected for random alcohol and substance abuse tests proceed immediately to the testing site upon notification of being selected, unless the driver is performing a safety- sensitive function, in which case the driver will cease performing and proceed to testing as soon as possible.
4. In the event a driver who is selected for a random alcohol and/or substance abuse test is absent, the district may keep the original selection confidential until the driver returns, if the driver is expected to be available for testing during the current designated testing period.
5. If a driver’s name is removed from the random testing pool for more than thirty days, the pre-employment testing provisions will be applied prior to the driver returning to perform safety-sensitive functions.
The district shall require a driver to submit to an alcohol or controlled substance test when the district has reasonable suspicion to believe the driver has violated the alcohol or controlled substances prohibitions of the district’s policy and procedure.
A. Supervisor Training: the required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made by a supervisor or district official who is trained in accordance with the following requirements:
1. The district must ensure persons designated to determine whether reasonable suspicion exists to require a driver to undergo alcohol or controlled substances testing receive at least 60 minutes of training on alcohol misuse and at least 60 minutes of training on controlled substances use.
2. The training shall cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances.
B. Only
one supervisor is required to make a reasonable suspicion determination before
an alcohol or drug test can be required.
C. Reasonable Suspicion Alcohol Testing
Note: The
mere possession of alcohol does not constitute a need for reasonable suspicion
testing, which must be based on observations concerning the driver’s
appearance, behavior, speech or body odor. However, possessing alcohol while on
duty or operating a commercial vehicle is a violation of this policy that must
result in removal from performance of safety-sensitive functions and may result
in discipline, up to and including discharge.
1. Reasonable suspicion alcohol testing is authorized only if the observations are made during, just before, or just after the period of the work day the driver is required to be in compliance.
2. The district’s determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.
3. The supervisor who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test.
4. If a reasonable suspicion alcohol test is not administered within two hours following the observations, the district shall prepare and maintain on file a record stating the reasons the alcohol test was not administered promptly. In addition, if not administered within eight hours, the district shall cease attempts to administer the test, and shall prepare and maintain the record listed above.
5. If reasonable suspicion exists, the district shall not permit the driver to perform or continue to perform safety-sensitive functions at least until:
a. An alcohol test is administered and the driver’s alcohol concentration measures less than 0.02; or
b. Twenty-four hours have elapsed following the determination that there is reasonable suspicion to believe that the driver has violated the prohibitions of the policy concerning alcohol misuse.
6. Except as provided above, the district shall not take any action against a driver based solely on the driver’s behavior and appearance, with respect to alcohol use, in the absence of an alcohol test. Action will be taken if an alcohol test result of .02 alcohol concentration or greater is obtained.
7. A written record shall be made of the observations leading to an alcohol test, signed by the supervisor or district official who made the observations.
D. Reasonable Suspicion Controlled Substances Testing:
1. The
district’s determination that reasonable suspicion exists to require the driver
to undergo a controlled substances test must be based on specific,
contemporaneous,
articulable observations concerning the appearance, behavior, speech or body
odors of the driver. The observations may include indications of the chronic
and withdrawal effects of controlled substances.
2. The district will remove the driver from safety-sensitive functions at least until the verified test results are reported.
3. A written record shall be made of the observations leading to a controlled substances test, and signed by the supervisor or district official who made the observations within 24 hours of the observations or before the results of the test are released, whichever is earlier.
All employees required to possess a CDL and perform safety-sensitive functions as part of their job responsibilities will be provided with necessary post-accident information, procedures, and instructions prior to commencing job responsibilities.
A. Driver’s Responsibility: As soon as practicable following an accident as defined in this procedure, the driver shall make every attempt to contact his/her supervisor or a district representative.
1. The driver will be given instructions for obtaining alcohol and substance abuse testing.
2.
A driver who is subject to post-accident testing
must remain available for testing, or the district may consider the driver to
have refused to submit to testing.
3.
The driver subject to
post-accident testing must refrain from consuming alcohol for eight hours following
the accident, or until he or she submits to an alcohol test, whichever comes
first.
B. District Responsibility:
1. Upon receiving a report of an accident the district shall test the driver (if surviving) for alcohol and controlled substances as soon as practicable. (Note: A driver who receives a citation under state or local law within eight hours of the accident for a moving traffic violation shall be tested for alcohol. A driver who receives a citation under state or local law within 32 hours of the occurrence for a moving traffic violation arising from the accident shall be tested for controlled substances.
2. The district representative will instruct the driver in obtaining the required drug and alcohol tests.
3. The district will determine if the driver will be placed on paid leave pending the results of the drug test.
C. Post-Accident
Alcohol Testing:
1.
The driver who is subject to post accident
testing shall remain readily available for such testing or may be deemed to
have refused to submit to the testing.
2. If the test is not administered within two hours following the accident, the district shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If the test is not administered within eight hours following the accident, the district shall cease attempts to administer the test. The district shall prepare and maintain on file a record stating the reasons the test was not administered.
D. Post-Accident
Controlled Substance Testing:
The district must test the driver for controlled substances within 32 hours
following an accident. If the district cannot administer the test within 32
hours following an accident, attempts to administer the test shall cease. The
district shall prepare and maintain on file a record stating the reasons the
test was not promptly administered.
Nothing in this procedure should be construed to
require the delay of necessary medical attention for injured people following
an accident, or to prohibit a driver from leaving the scene of an accident for
the period necessary to obtain assistance in responding to the accident, or to
obtain necessary emergency medical care.
E. The results of a breath or blood test for the use of alcohol, or a urine test for the use of controlled substances, conducted by federal, state and/or local officials having independent authority to conduct the test shall be considered to meet the requirements of this procedure, if the results are released to the district.
If for any reason the
district continues to employ a driver who has refused to submit to a required
test, has tested positive for alcohol at .04 alcohol concentration or greater,
or drugs or has otherwise violated this policy, the district must require return-to-duty
and follow-up testing before the driver is returned to the performance of
safety-sensitive functions.
A. Return
to Duty Testing:
1. The district 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.
2. The district
shall 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 return to duty controlled
substances test with a result indicating a verified negative result for controlled
substances use.
B. The
driver must also be evaluated by a SAP and participate in any treatment program
prescribed. The district must obtain a written assurance from the SAP that the
employee has complied with required treatment recommendations.
C. The
testing must be conducted at a facility designated by the district.
D. Follow-up
Testing:
1. Following a driver’s return to duty a determination by a SAP that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the district shall ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substances testing as directed by the SAP.
2.
Follow-up alcohol
testing shall be conducted only when the driver is performing safety-sensitive
functions, just before the driver is to perform safety-sensitive functions, or
just after the driver has ceased performing safety-sensitive functions.
No driver may possess any prescription medication or report to work while using any prescription, except when he/she is under a prescribing authority’s care and the prescribing authority has advised the driver that the substance does not affect his/her ability to operate a commercial motor vehicle. The use of medication that could affect a driver’s safe job performance is prohibited while working. The driver shall report to the district human resources representative (who is responsible for maintaining confidential medical files), the use of any prescribed medication and, without identifying the medication, shall provide a certificate from the driver’s prescribing authority that the use of the medication will not impair his/her ability to safely perform his/her duties. If, as a result of testing under this policy, the driver is found to have the presence of controlled substances in the body which is a result of the use of his/her legally prescribed medication that has not been reported, the driver shall be removed from service without pay until it is determined that the use of medication will not impair his/her ability to safely perform assigned duties.
The district participates in
the ESD testing consortium.
A. Alcohol tests will be administered by trained BATs utilizing EBT devices. The EBT shall have a quality assurance plan developed by the manufacturer.
B. Alcohol testing will be conducted in a location that affords visual and aural privacy to the individual being tested sufficient to prevent unauthorized persons from seeing or hearing test results.
1. All necessary equipment, personnel, and materials for breath testing shall be provided at the location where testing is conducted.
2. In unusual circumstances (e.g. when it is essential to conduct a test outdoors at the scene of an accident), a test may be conducted at a location that does not fully meet the requirements in a. and b. above.
C. The individual being tested will be required to provide the BAT positive identification such as a photo ID card or identification by an employer representative. The employee may request the BAT to provide positive identification.
D. The BAT shall explain the testing procedure to the individual and the individual shall be required to sign the Breath Alcohol Testing Form. Failure to do so constitutes a refusal to be tested.
E. Alcohol Test Results:
1. The BAT shall show the individual the test results.
2.
If the result of the screening test is a breath
alcohol concentration of less than 0.02, the BAT shall sign the certification form. The BAT
shall transmit the result of less than 0.02 to the district in a confidential
manner promptly after the test administration.
3.
If the result of the
screening test is an alcohol concentration of 0.02 or greater, a confirmation
test shall be conducted not less than fifteen nor more than thirty minutes
after the completion of the screening test.
a. The BAT will explain the procedures for the confirmation test.
b. The BAT shall show the individual the confirmation test results.
c. The BAT and the individual shall sign the test certification form. If the individual does not sign the certification form, it is not considered a refusal to be tested. The BAT shall note the individual’s failure to sign on the certification form.
d. The BAT shall immediately transmit the results of the test to the designated district representative.
1) The district will verify the identity of the BAT providing the information.
1) The BAT shall follow the initial transmission by providing to the district the employer’s copy of the breath alcohol testing form.
F. Refusal to test and uncompleted tests:
1. Refusal by an employee to complete and initially sign the breath alcohol testing form, to provide an adequate amount of breath or otherwise cooperate with the testing process in a way that prevents the completion of the test, shall be noted by the BAT on the certification form. The testing process shall be terminated and the BAT shall immediately notify the district.
2.
If a screening or
confirmation test cannot be completed, or if an event occurs that would
invalidate the test, the BAT shall, if practicable, begin a new screening or
confirmation test, as applicable, using a new breath alcohol testing form.
G. If
an individual being tested attempts and fails to provide an adequate amount of
breath, the district shall direct the individual to obtain, as soon as practical
after the attempted provision of breath, an evaluation from a licensed
physician who is acceptable to the district concerning the employee’s medical
ability to provide an adequate amount of breath. If the physician determines a
medical condition could have precluded the employee from providing an adequate
amount of breath, the employee’s failure to provide an adequate amount of
breath shall not be deemed a refusal to take a test. If the physician is unable
to make the determination that a medical condition has, or with a high degree
of probability could have, prevented the employee from providing an adequate
amount of breath, the employee’s conduct will be considered a refusal to take
the test. The physician shall provide the district a written statement of the
basis for his or her conclusion to the employer.
Alcohol test results and consequences
A. Results of alcohol concentrations of less than 0.02 will be reported to the DER as negative. The driver is then clear to perform safety-sensitive job functions.
B. If the results of the driver’s alcohol test indicate an alcohol concentration of 0.02 or greater, but less than 0.04, the driver shall not be permitted to drive until the start of the driver’s next regularly scheduled duty period, but not less than 24 hours following the administration of the test pursuant to federal regulations. Other policies or the collective bargaining agreement, if any, may prescribe discipline or other actions for blood alcohol concentrations between 0.02 and 0.04.
C. Results of alcohol concentration of 0.04 or greater or refusal to be tested:
1. The employee will be removed from performing safety-sensitive functions and terminated from employment with the district.
2. The employee will be provided a written list of resources available for evaluating and resolving problems associated with the misuse of alcohol.
The district participates in the ESD testing consortium.
A. The district/consortium will test for marijuana, cocaine, opiates, amphetamines, and phencyclidine using the split sample method of urine collection. Under split sample procedures, a driver, whose urine sample has been reported as positive for a controlled substance, or adulterated or substituted specimen, has the option (within 72 hours of being notified by the MRO) of having the other portion of the split sample tested at another laboratory. If the second portion of the sample confirms the original result, then the driver is subject to sanctions provided in this policy. If the second portion produces a negative result, or for any reason the second portion is not available, the test is canceled.
B. The
consortium’s designated drug testing laboratory shall be certified under
Department of Health and Human Services Mandatory Guidelines for Federal
Workplace Drug Testing Programs. It
shall have a quality assurance program which encompasses all aspects of the
testing process including but not limited to specimen acquisition, chain of
custody security and reporting of results, initial and confirmatory testing and
validation of analytical procedures. Quality assurance procedures shall be
designed, implemented and reviewed to monitor the conduct of each step of the
process of testing for drugs.
A. The district/consortium shall have one or more designated collection sites or independent medical facilities which have all necessary personnel, materials, equipment, facilities and supervision to provide for the collection, security, temporary storage, and shipping or transportation of urine specimens to a certified drug testing laboratory.
B. Procedures for collecting urine specimens shall allow individual privacy unless there is reason to believe that a particular individual may alter or substitute the specimen to be provided.
C. The collection site person shall take precautions to ensure that a urine specimen is not adulterated or diluted during the collection procedure and that information on the urine bottle and on the urine custody and control form can identify the individual from whom the specimen was collected.
D. When an individual arrives at the collection site, the collection site person shall ensure that the individual is positively identified as the employee selected for testing. If the individual requests, the collection site person shall show his/her identification to the employee.
E. If the individual fails to arrive at the assigned time, the collection site person shall contact the appropriate district representative to obtain guidance on the action to be taken.
F. The collection site person shall explain the collection process to the individual. The collection site person shall instruct the individual to provide at least 45 ml of urine under the split sample method of collection.
G. Drug Testing Results:
1. The laboratory shall report test results to the district’s designated MRO within an average of 5 working days after receipt of the specimen by the laboratory. The laboratory shall report as negative all specimens that are negative on the initial test or negative on the confirmatory test.
2.
The MRO shall report
to the district whether the test is positive or negative, and may report the
drug(s) for which there was a positive test.
H. Positive Drug Test Results:
1.
Prior to making a final decision to verify a
positive test result for an individual, the MRO shall give the individual the
opportunity to discuss the test result with him or her.
a. The MRO shall contact the individual directly, on a confidential basis, to determine whether the employee wishes to discuss the test results.
b. If,
after making all reasonable efforts and documenting them, the MRO is unable to
reach the individual directly, the MRO shall contact a designated district
management official who shall direct the individual to contact the MRO as soon
as possible.
c. If, after making all reasonable efforts, the designated
management official is unable to contact the employee, the district may place
the employee on unpaid leave until the employee is contacted.
2. If an employee is notified of a positive test by the M