Employee Drug & Alcohol Testing
The Omnibus Transportation Employee Testing Act of 1991 requires Pratt Community College to conduct pre-employment, reasonable suspicion, random, post-accident, and return to duty testing for controlled substances and alcohol misuse of each employee who is required to obtain a commercial drivers license (CDL). This applies primarily to employees authorized to drive the college bus.
I. Required Testing
A. Pre-Employment/Pre-Duty Testing
No covered employee may perform a sensitive safety function unless he or she has been administered an alcohol concentration test with a result indicating an alcohol concentration less than 0.04 and a controlled substance test with a negative result. Testing may be conducted during the hiring process or before the employee begins performing sensitive safety functions.
B. Mandatory Testing
Covered employees will be tested for alcohol concentration and controlled substances at various dates throughout the 12 month testing period.
C. Post Accident Testing
Within two hours following an accident each covered employee must be tested for alcohol concentration and controlled substances if 1) the employee was performing a safety sensitive function with respect to the vehicle and the accident involved the loss of human life or 2) the employee receives a citation under state or local law for a moving traffic violation arising out of the accident. If the post accident testing is not administered within two hours following the covered accident the employee must submit a written report to the Vice President of Finance & Operations as to why the test was not promptly administered. Failure to have the test administered within two hours following an accident resulting in loss of life or a moving traffic violation will result in disciplinary action as if a positive result were obtained.
D. Reasonable Suspicion Testing
A determination that reasonable suspicion exists to require a alcohol or drug test must be based on specific, contemporaneous, articuable observations concerning the appearance, behavior, speech, or body odors of a covered employee. Reasonable suspicion testing is authorized only if the required observations are made during, just preceding, or just after the period of the work day that the covered employee is performing a safety sensitive function. The observation and determination that a reasonable suspicion exists must be made by a supervisor trained in detecting the symptoms of alcohol misuse or controlled substance use. A written record of the observations leading to a reasonable suspicion test must be made and signed by the college official who made the observations.
E. Return to Duty Testing
A covered employee who has violated any of the alcohol misuse or controlled substance use rules must under go an alcohol concentration or controlled substance test prior to returning to a safety sensitive function. An alcohol concentration test must result in an alcohol concentration of less than 0.02 before returning to a safety sensitive function. A controlled substance test must have a negative result for controlled substances before returning to a safety sensitive function.
F. Follow-Up Testing
Each covered employee identified by a substance abuse professional as needing assistance in resolving problems with alcohol misuse or controlled substances and who has returned to duty involving the performance of a safety sensitive function is subject to a minimum of six unannounced, follow up alcohol of controlled substance tests over the first 12 months following his or her return to duty.
II. Administration of the Alcohol Test
A Generally, alcohol testing must be conducted through the use of an evidential breath testing device (EBTD) and must be conducted by a trained breath alcohol technician (BAT). The results of the alcohol concentration test will be provided to the college.
B. Blood alcohol testing is authorized only 1) when the rules require a post accident or reasonable suspicion test and an EBTD is not readily available; 2) when the rules require a post accident or reasonable suspicion test and an EBTD suitable for confirmation testing is not readily available; or 3) when the covered employee attempts and fails to provide an adequate amount of breath.
C. The alcohol concentration test site must afford aural and visual privacy to the person being tested and be secured while the testing is going on. The standardized federal testing forms must be used (see Appendix A).
D. Covered employees will be notified by the Vice President for Finance and Operations of the need, place, date and time to be tested. Each covered employee will be required to provide positive identification (e.g. through use of a photo I.D.) to the BAT.
III. Administration of the Controlled Substance Test
A. The covered employee will provide a urine sample to the collection site person who will split the sample into two bottles. Following completion of a chain of custody form the collection site person ships both bottles to a Department of Health and Human Services certified laboratory for analysis.
B. The urine sample is required to be tested for the following controlled substances marijuana, cocaine, PCP, opiates, and amphetamines. In the event the primary specimen is negative, the laboratory will dispose of the split sample. If the test of the primary sample is confirmed positive the laboratory holds the split sample for a year or more to ensure it remains available for a second test. If a positive result is obtained in the test from the first specimen the employee may request that the Medical Review Officer (MRO) send the split specimen to a different DHHS certified laboratory for a test. The MRO shall honor such request if it is made within 72 hours of the employee being notified of a verified positive test result.
C. Both specimens and the associated documentation will be put in a container capable of being secured with a tamper evident seal for shipping to the DHHS certified laboratory.
D. Covered employees will be notified by the Vice President for Finance and Operations of the need, place, date and time to be tested. The covered employee will be required to provide positive identification (e.g. through use of a photo I.D.) to the collection site employee.
E. The test site will afford aural and visual privacy for the covered employee.
IV. TEST RESULTS AND OUTCOMES
A. Alcohol concentration of less than .02 is a negative test result. Test results between .02 and .0399 will result in a retest within 30 minutes. If the retest stays within the same parameters the covered employee will be removed from driving for 24 hours and will be required to be retested prior to return to duty. An alcohol concentration test of .04 or greater will result in a retest within 30 minutes. If the retest stays within the same parameters the covered employee will be removed from driving for a period of 60 days and will not be allowed to perform safety sensitive functions until the employee has been evaluated by a substance abuse professional, completed any rehabilitation required by the substance abuse professional, and tests at an alcohol concentration level of .02 or less.
B. A covered employee who during any three year period is found to have an alcohol concentration of .04 or greater three or more times in separate incidents may not drive for a period of 120 days.
C. The first time a covered employee tests positive for controlled substances the employee will be referred to a substance abuse professional and the employee must submit a urine specimen that has a negative result prior to returning to a safety sensitive function. Second positive test within a three year period will result in a 60 day driving suspension, referral to a substance abuse professional, and the employee must submit a urine specimen that has a negative result prior to returning to a safety sensitive function. Third positive test within a three year period will result in 120 day driving suspension, referral to a substance abuse professional, and the employee must submit a urine specimen that has a negative result prior to returning to a safety sensitive function.
D. A refusal to be tested will result in a one year driving suspension and the driver must submit to a urine specimen that has a negative result prior to returning to duty.
V. RECORD RETENTION, CONFIDENTIALITY, AND REPORTING REQUIREMENTS
A. The college will maintain records of its alcohol and controlled substance prevention program in a secure location with controlled access. A five year holding period will be required for records of any employee alcohol test results indicating an alcohol concentration of .02 or greater; positive controlled substance test results; documentation of refusal to take required alcohol and controlled substance tests; and documentation of employee evaluations and referrals. Two year retention period will be required for records related to the collection process and employee/supervisor training. A one year holding period will be required for records of negative test results and canceled controlled substance tests.
B. The college is required to submit an annual report to the DOT and the Federal Highway Administration summarizing the results of the alcohol misuse and controlled substance prevention program for each calendar year.
VI. TRAINING REQUIREMENTS
A. Individuals designated to determine whether reasonable suspicion exists for testing must receive training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse or use of controlled substances.
B. The college will provide covered employees educational materials that explain the requirements of the new rules and the policies with respect to meeting the federal mandates. Written notice of the availability of this information will be made to each covered employee and employee bargaining units.
C. The college is required to advise covered employees who engage in prohibited conduct of the available resources for evaluation and treatment of alcohol and controlled substance use including effects of alcohol misuse and controlled substance use, names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs. This information is provided to all employees each year in the Drug Free Schools And Communities Act Amendments Of 1989 compliance.
VII. REFERRAL, EVALUATION, AND TREATMENT
A. Costs of testing and transportation to the testing site will be borne by the college.
B. The opportunity for treatment will be made available to covered employees, however, the college will not be responsible to pay for any costs associated with treatment and rehabilitation. The college will not hold a job open for a covered employee with or without salary during any treatment or rehabilitation.
x This replaces policy dated Apr-04-2006, 02-16-04