Covered Employees Drug and Alcohol Testing Program

Transcription

1 LOS ANGELES UNIFIED SCHOOL DISTRICT Covered Employees Drug and Alcohol Testing Program Policy Guide

2 Los Angeles Unified School District Ramon C. Cortines: SUPERINTENDENT OF SCHOOLS DRUG AND ALCOHOL TESTING PROGRAM POLICY STATEMENT The Los Angeles Unified School District (District) recognizes that substance abuse in our nation and our community exacts staggering costs in both human and economic terms. Substance abuse can be reasonably expected to produce impaired job performance, lost productivity, absenteeism, accidents, wasted materials, lowered morale, rising health care costs, and diminished interpersonal relationship skills. Employees who report to duty with drugs or alcohol on their persons or in their bodies not only endanger themselves, but also their fellow employees, students and the general public. To protect the health and safety of our students, employees, and the public from illegal drug use and alcohol misuse or injuries resulting from their abuse, it is the District s policy to provide for a drug- and alcohol-free school and work environment. In addition, the Omnibus Transportation Employee Testing Act of 1991 requires the District to adopt a strict drug- and alcohol-testing program for employees who are required to have a commercial driver s license and perform certain safety-sensitive functions. The program includes providing information to covered employees to assist them in understanding their role and responsibilities for achieving a drug- and alcohol-free work environment. With that in mind, the District has adopted a Zero-Tolerance Policy to convey our commitment to the safety of our students, the public and our fellow employees. Consequently, any covered employees in safety-sensitive positions who engage in prohibited conduct as outlined in this document have violated the Drug and Alcohol Testing Program regulations, will be placed on immediate suspension and dismissed from District service. I want to remind you all that our primary duty is the education of children. We must set the example and model appropriate behavior at all times. I expect everyone who works for this District to continuously maintain the highest standards of personal and professional conduct. Ramon C. Cortines Superintendent The teachers, administrators, and staff of the Los Angeles Unified School District believe in the equal worth and dignity of all students and are committed to educate all students to their maximum potential. i

3 TABLE OF CONTENTS i-ii INTRODUCTION 1 What is the purpose of this document? What regulations does drug and alcohol testing fall under? What is a safety-sensitive function? Which employees are required to participate in the District s Drug and Alcohol Testing Program? What are covered employees' responsibilities? What are the physical signs of substance abuse? What are the mental effects of drug and alcohol abuse? What are the subsequent effects of drug and alcohol abuse in the workplace? Intervention and Rehabilitation: What is the Employee Assistance Program? REQUIRED TESTS 5 What drugs does the District test for? When will I be tested? How does pre-employment testing work? How does random testing work? How does post-accident testing work? How does reasonable suspicion testing work? DRUG TESTING 8 What drug-related conduct is prohibited? How does the drug testing collection process work? Who evaluates and verifies the laboratory results? What happens if an employee does not provide a sufficient amount of urine, also known as shy bladder? What constitutes a refusal to take a drug test? Who will be notified of drug test results? What happens when a test result is reported as dilute? What steps are taken to protect employees and maintain the integrity of the drug testing process? How can you obtain your drug testing records? ALCOHOL TESTING 12 What alcohol-related conduct is prohibited? How does the alcohol testing process work? What happens if you do not provide a sufficient amount of breath, also known as shy lung? What constitutes a refusal to take an alcohol test? What steps are taken to protect employees and the integrity of the alcohol testing process? Who will be notified of an employee's alcohol testing result? How can you obtain your alcohol testing records? CONSEQUENCES OF VIOLATIONS 15 What are the consequences of engaging in prohibited conduct? CONTACTS 18 Who do I contact if I have questions concerning the interpretation of this document? Covered Employees Drug and Alcohol Testing Program Policy Guide July 1, 2009 i

4 APPENDIX A - BUL Implementing Zero-Tolerance Policies for Drug-, Alcohol- and Tobacco-Free Workplace 19 APPENDIX B - Certificate of Receipt 25 APPENDIX C Alcohol Fact Sheet 26 APPENDIX D Amphetamine Fact Sheet 30 APPENDIX E - Cocaine Fact Sheet 33 APPENDIX F Cannabinoids (Marijuana) Fact Sheet 36 APPENDIX G Opiates (Narcotics) Fact Sheet 40 APPENDIX H Phencyclidine (PCP) Fact Sheet 43 GLOSSARY 46 Covered Employees Drug and Alcohol Testing Program Policy Guide July 1, 2009 ii

5 Federal regulations establish minimum requirements for employer drug and alcohol testing programs, but leave personnel or disciplinary issues for employees who violate the regulations up to each individual agency. The Los Angeles Unified School District (District) has established policies that address personnel and disciplinary actions, and they are included in this document. In addition, the District has adopted a Zero- Tolerance Drug, Alcohol and Tobacco Policy for all employees. For further information on the District's Zero-Tolerance Policy, see BUL-3630, dated March 28, 2007, titled Implementing Zero-Tolerance Policies for Drug-, Alcohol- and Tobacco-Free Workplace, from the Office of the Chief Operating Officer (Appendix A). INTRODUCTION What is the purpose of this document? To maintain a drug- and alcohol-free workplace, it is important that District employees know what is required of them. This document serves as a guide to employees on the specific Department of Transportation (DOT) drug and alcohol testing regulations and the resulting District policies. A companion guide is available for supervisors and staff who administer the District s Drug and Alcohol Testing Program that explains the drug and alcohol regulations and the District's drug and alcohol testing policies and procedures established to meet those regulations. What regulations does drug and alcohol testing fall under? The Omnibus Transportation Employee Testing Act of 1991, Public Law (P. L.) , Title V, mandates drug and alcohol testing. Covered employees (defined later) are subject to drug and alcohol testing regulations under DOT 49 Code of Federal Regulations (CFR) part 40 and Federal Motor Carrier Safety Administration (FMCSA) 49 CFR part 382. What is a safety-sensitive function? A safety-sensitive function is defined as all time from the time a covered employee begins to work or is required to be in readiness to work until the time that employee is relieved from work and all responsibility for performing work. Safety-sensitive functions include those onduty functions listed below: all time waiting to be dispatched at a carrier or shipper plant, terminal, facility, or other property all time inspecting, servicing, or conditioning equipment or commercial motor vehicles all time spent at the driving controls of a commercial motor vehicle all time, other than driving time, spent on or in a commercial motor vehicle (except for time spent resting in the sleeper berth) all time loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle or in giving or receiving receipts for shipments loaded or unloaded all time repairing, obtaining assistance or remaining in attendance upon a disabled commercial motor vehicle Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

6 Which employees are required to participate in the District s Drug and Alcohol Testing Program? The District has determined that the following job classifications are required to participate in the Drug and Alcohol Testing Program: Area Bus Supervisor Assistant Area Bus Supervisor Driver Trainer (Bus-Truck) Heavy Bus Driver Light Bus Driver Driver Trainer (Truck) Heavy Truck Driver Heavy Truck Driver Assistant Medium Truck Driver Loading Dock Supervisor/Logistics Supervisor Assistant Loading Dock Supervisor/Assistant Logistics Supervisor Senior Automotive Mechanic (Auto, Bus-Truck) Automotive Mechanic (Auto, Bus-Truck) Garage Assistant Garage Attendant Senior Building Mover Building Mover Senior Tractor and Roller Operator Tractor and Roller Operator Skip Loader Operator Insulator/Asbestos Abatement Worker * Asbestos Abatement Assistant* The District has voluntarily included the following job classification in the Drug and Alcohol Testing Program and employees in this job classification are considered covered employees subject to all rules and regulations of the District s drug and alcohol testing program: Handgrader* *These classifications are subject to random tests only if the employee s assignment includes functions that are safety-sensitive as defined under "What is a safety-sensitive function?" on page 1. This list may not include all applicable classifications. If an employee operates a commercial motor vehicle requiring a commercial driver s license or performs safetysensitive functions, they are considered a covered employee. The task the employee actually performs qualifies them as a safety-sensitive employee, not their job title. Covered employees include: Applicants seeking any position listed above Full time, regular employees in any position listed above Casual, intermittent, apprenticeship, occasional or substitute employees in any position listed above Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

7 Participation in the District s Drug and Alcohol Testing Program is a requirement of each employee performing safety-sensitive duties and is therefore a condition of employment. What are covered employees' responsibilities? If you are a covered employee, you must: report to work without drugs or alcohol in your system be able to perform your job duties without impairment due to the use of drugs or alcohol when on duty or subject to duty not possess or use alcohol while on duty not use, possess, manufacture, sell or distribute drugs in the workplace submit immediately to a drug or alcohol test when ordered by a supervisor, manager or other District designated representative notify your supervisor when taking any medications which may interfere with the safe and effective performance of duties or operation of District equipment not perform safety-sensitive functions within four hours after using alcohol not use alcohol for eight hours following an accident or until tested, if required to submit to a post-accident test inform your physician of your job duties when taking legally prescribed drugs and nonprescription medications and determine from the physician, or other health care professional, whether the prescribed drug may impair your job performance or mental or motor function and remove yourself from service if you are unfit for duty promptly notify your supervisor when you see or have knowledge of another covered employee: using, possessing, manufacturing, distributing or selling drugs at work in a condition that impairs their ability to perform job duties or that poses a hazard to the safety or welfare of others confirm receipt of the District's written policy concerning drug and alcohol testing by signing a Certificate of Receipt (Appendix B) certifying you have received a copy of this Drug and Alcohol Testing Program Policy Guide In addition, if an emergency arises when you are off-duty and you are asked to work, you must decline if you feel you are not capable of performing your safety-sensitive function. What are the physical signs of substance abuse? Seeing physical signs of a substance abuse problem may be difficult because abusers often become good at hiding them. Physical signs and symptoms usually are not noticeable until the abuse problem has progressed to an advanced level. At advanced stages, the drug or alcohol abuser is less able to disguise the physical signs and often becomes careless because of a clouded mental state. Specific signs may include any combination of the following: Blood spots on shirt sleeves (indicating intravenous needle use) Bloodshot or watery eyes Slowed, slurred or incoherent speech Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

8 Hand tremors Swaying or staggering Odor of alcohol on breath Odor of marijuana smoke Racing heartbeat or irregular rhythms Runny nose or sores around nostrils (caused by chronic cocaine snorting) Slow reactions Very large or small pupils Use of "slang" words for drugs Secretive behavior (e.g., whispering, wearing sunglasses indoors) What are the mental effects of drug and alcohol abuse? Drug and alcohol abusers use substances habitually and excessively without regard for their health. This causes problems on the job because the effects of drugs and alcohol occur not only during intoxication, but also in the aftermath in the form of hangovers, general tiredness and mental impairment. This impairment complicates and endangers the lives of the user and the people around them. Consider what safety problems might be caused by a truck driver, bus driver or heavy equipment operator showing the following effects of substance abuse: Psychotic behavior Learning difficulty Excessive sadness or fear Poor memory An "I don't care" attitude Loss of concentration Slow reactions Difficulty prioritizing tasks Poor coordination Refusal to accept authority Delayed decision making Overconfidence, feeling of invincibility Confusion Sleeping on the job What are the subsequent effects of drug and alcohol abuse in the workplace? Employees under the influence of drugs or alcohol affect everyone in the workplace. The problems their substance abuse can cause for themselves and fellow employees include the following: Higher rate of accidents or "near misses" Equipment breakdown due to careless or inadequate maintenance Absenteeism or tardiness Lower productivity Poor work quality, including excessive waste Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

9 Low morale, problems working with others Theft of material or equipment to support high expense of drug habit Quitting or transferring to avoid detection Intervention and Rehabilitation: What is the Employee Assistance Program? The District encourages employees with drug or alcohol dependencies to seek treatment for their problem. The District supports such efforts through its Employee Assistance Program (EAP), which provides confidential crisis intervention, assessment, information, and referral services for a wide range of problems including alcohol and drug abuse. For more information, please contact the District's EAP provider, U.S. Behavioral Health Plan, California at (866) or on the web by going to select the "offices" menu, click on "Benefits Administration, and then click on the link: access code: LAUSD. REQUIRED TESTS What drugs does the District test for? The District contracts drug testing laboratories certified by the Department of Health and Human Services under the National Laboratory Certification Program that comply with the DOT Procedures for Transportation Workplace Drug and Alcohol Testing Programs (49 CFR Part 40, as amended). These certified laboratories receive urine specimens and test them to determine the presence of drugs. Laboratories will test for the presence of the following drugs or classes of drugs through a urine specimen: Marijuana (THC metabolite) Opiates (including heroin) Cocaine Phencyclidine (PCP) Amphetamines Laboratories will also conduct validity testing to determine whether certain adulterants or foreign substances have been added to the urine, the urine was diluted, or the specimen was substituted. When will I be tested? Covered employees are subject to drug and alcohol testing in the following situations: Pre-Employment drug testing is mandatory after applicants or current employees (in non safety-sensitive positions) are offered a conditional offer of employment in a safetysensitive position requiring a commercial driver s license or are identified by the District as a covered employee. These individuals will be required to provide a urine sample that the laboratory tests and reports as negative to the District prior to performing any Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

10 safety-sensitive functions. In instances where a covered employee is on extended leave for a period of 20 1 days or more regardless of any reason, the employee will be required to take a pre-employment drug test and have a negative test result prior to performing any safety-sensitive functions. A covered employee laid off from the District and subsequently recalled to the same or a substantially similar covered position will be required to take a pre-employment test and have a negative test result prior to performing any safety-sensitive functions regardless of the length of time the employee was laid off. Random drug and alcohol testing is a mandatory requirement. You will receive no advance notice. Random testing must be conducted just before, during or just after a covered employee's performance of safety-sensitive duties. Post-Accident drug and alcohol testing is conducted under any of the following circumstances: The accident results in the loss of human life. The accident results in bodily injury that requires medical treatment away from the scene whether or not the employee receives a citation 2. The employee receives a citation arising from the accident and the accident resulted in disabling damage to the vehicle(s), which required towing. The supervisor determines that the employee s performance could have contributed to the accident 3. Reasonable Suspicion drug and alcohol testing is conducted when a trained supervisor suspects that an employee has violated the drug and alcohol policy stated in this document. Alcohol testing is authorized only if the observations are made just before, during or just after a covered employee s performance of safety-sensitive duties. Return to Duty drug and alcohol testing is not included in the District s policy. If you have worked in a safety-sensitive position for another employer, you may have heard of, or experienced, return to duty testing. This type of testing occurs before an employee can resume work after a verified positive controlled substances test result, an alcohol result of 0.02 or greater, refusing to test, or after engaging in any other activity that violated provisions of 49 CFR Part 40 subpart B. Before allowing an employee to return to duty to perform a safety-sensitive function, the employee must first be evaluated by a Substance Abuse Professional (SAP), participate in any treatment program prescribed, and pass a controlled substances and/or alcohol return-to duty test and be subject to follow up testing. It is District policy that any covered employee who has a verified positive drug or alcohol test, or has been involved in any other activity that violates the Federal regulations or any of the other policies stated in this manual, including refusal to submit to testing, will 1 District policy; Federal regulations require testing after 30 day leave or longer. 2 District policy; Federal regulations require testing if employee receives a citation. 3 District policy Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

11 be immediately suspended and subsequently dismissed from District service. Therefore, it is District policy not to provide for Return to Duty testing. How does pre-employment testing work? Prior to receiving a job offer, applicants are notified by the District's Employment Transaction Services Branch or Transportation Branch that, as part of their pre-employment physical examination, a urine specimen will be collected to test for the presence of drugs. Employment Transaction Services Branch or Transportation Branch will instruct applicants to complete a Pre-Employment Urinalysis Consent Form and report to the specified collection site immediately. In addition, applicants are required to complete a Pre-Employment Information Disclosure Form and, if they have participated in a DOT-approved Drug and Alcohol testing program through a current or previous employer within the last two years, complete a Pre- Employment Verification and Release Form that authorizes the employers to release alcohol and controlled substance testing information to the District. Likewise, the District will release the testing information of its current or former employees to subsequent employers upon receiving a request containing the applicant's signed consent. How does random testing work? The District s Third Party Administrator selects employees at random. A supervisor or designated representative will notify you that you must undergo drug and alcohol testing. You will be asked to read and sign the Drug and Alcohol Testing Notification and Authorization Form and proceed to the testing site immediately. The DOT regulations state that, Immediately means that after notification, all the employee s actions must lead to an immediate specimen collection. How does post-accident testing work? When you are involved in an accident involving a District vehicle, you must contact a supervisor or dispatch as soon as feasible. If the accident occurs after normal business hours, you should contact Bus Dispatch at (323) or School Police at (213) A supervisor will be dispatched to the scene to investigate the accident. The supervisor conducting the investigation shall contact the designated representative from the employee s branch (i.e., Transportation, Food Services, Maintenance and Operations or Materiel Management) to determine whether drug and alcohol tests are necessary. If drug and alcohol tests are not necessary, the supervisor will release you. Please note that a supervisor will not release you until authorized to do so by the designated representative from your respective branch. If drug and alcohol tests are necessary, the supervisor is responsible for having you transported to the testing site as soon as possible and will be given further instructions by the respective Branch. You must refrain from consuming alcohol for eight hours following the accident or until you submit to an alcohol test, whichever comes first. Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

12 You shall remain readily available for alcohol testing for eight hours following the accident and for drug testing for thirty-two hours following the accident, or else the District may deem you as having refused to submit to testing. If you refuse to submit to a drug or alcohol test directed by the District you will be placed on immediate suspension and subsequently dismissed from District service. Note: Nothing in this document (or the regulation itself) should be considered as reason to delay necessary medical attention for injured persons following an accident or to prohibit an employee 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. However, failure to comply once under medical care will be considered a refusal to test which is a violation of the drug and alcohol testing program policy and will result in immediate suspension and subsequent dismissal from District service. A collection site may be a medical facility, a mobile facility (e.g., a van), a dedicated collection facility, or any other location meeting the requirements of section Subpart D - Collection Sites, Forms, Equipment, and Supplies Used in DOT Urine Collections. How does reasonable suspicion testing work? You are required to submit to any test (whether drug, alcohol or both) that a supervisor requests based on reasonable suspicion. Reasonable suspicion means that one or more trained supervisors reasonably believes or suspects that you are under the influence of drugs or alcohol. Their suspicion must be based on observations such as your appearance, behavior, speech or smell that is usually associated with drug or alcohol use. When you are required to submit to a reasonable suspicion drug and alcohol test, a supervisor will have you transported to a testing site immediately. DRUG TESTING What drug-related conduct is prohibited? The use of illegal drugs by safety-sensitive employees is prohibited on or off duty. The regulations also prohibit: reporting for or remaining on duty requiring the performance of safety-sensitive functions when the employee uses any controlled substance, except when instructed by a licensed medical practitioner who has advised the employee that the substance (prescription or over the counter drug) does not adversely affect the employee's ability to safely operate a commercial motor vehicle reporting for or remaining on duty or performing a safety-sensitive function if the employee tests positive or has adulterated or substituted a test specimen for controlled substances refusing to submit to a drug test Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

13 How does the drug testing collection process work? A trained collection site person will collect a urine specimen from you using a split specimen procedure, which means that each sample is subdivided into two bottles labeled as "primary" and "split" specimen. The primary specimen is used for analysis; the split specimen remains sealed. Both bottles are sent to a laboratory certified and monitored by the Substance Abuse and Mental Health Services Administration (SAMHSA) for analysis. The laboratory analyzes the specimen and reports the results to the Medical Review Officer (MRO). You are guaranteed total privacy when providing a urine specimen. Nevertheless, you are required to provide a specimen under direct observation if: you are suspected of tampering with or substituting the specimen during the specimen collection process present a urine specimen that falls outside the acceptable temperature range of 32 o 38 o C/90 o -100 o F you have a Negative Dilute test result and the creatinine concentration of the specimen was equal to or greater than 2 mg/dl, but less than or equal to 5 mg/dl your test specimen is invalid and the MRO reported that there was not an adequate medical explanation for the result your positive adulterated or substituted test result had to be cancelled by the MRO because the split specimen was not available or the split specimen test is invalid Who evaluates and verifies the laboratory results? All drug tests are evaluated and verified by a Medical Review Officer (MRO) before they are reported to the District. If the laboratory reports a result for a primary specimen tested as confirmed positive, adulterated or substituted, the MRO will contact you to determine whether there is a medical explanation for the confirmed positive test result. If you provide legitimate medical explanation and the MRO accepts the explanation, the drug test result is reported to the District as a verified negative or cancelled test. If the MRO concludes that no legitimate medical explanation exists for a confirmed positive, adulterated or substituted result, the MRO will report the result as a verified positive or refusal to test because of adulteration or substitution. The MRO may verify a test as positive, adulterated or substituted without having communicated directly with you about the test in three circumstances: you expressly decline the opportunity to discuss the test neither the MRO nor the designated representative of the District, after making all reasonable efforts and documenting all attempts, has been able to contact the you within 10 days of the date on which the MRO receives the confirmed positive test result from the laboratory more than 72 hours have passed since the time the District successfully contacted you and instructed you to contact the MRO In addition to the medical evaluation process, the MRO will inform you that you have a right Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

14 to have the split specimen tested by another SAMHSA certified laboratory. If you opt to have the split specimen tested, you must contact the MRO within 72 hours after being notified of that option. What happens if you do not provide a sufficient amount of urine, also known as Shy Bladder? If you cannot provide a sufficient amount of urine specimen within three hours of the first unsuccessful attempt to provide the specimen, all collection efforts will cease. You are then responsible for obtaining a medical evaluation (at your cost) within five working days. The evaluation must be performed by a licensed physician acceptable to the MRO to determine if your inability to provide a sufficient specimen is caused by a medical condition. If the MRO determines that there was no adequate medical explanation for the failure to provide a specimen, then it is deemed a refusal to submit to a drug test. On the other hand, the MRO will cancel the test if they have determined that there was a legitimate medical condition to explain your inability to provide a sufficient specimen (no recollection is required in this case). What constitutes a refusal to take a drug test? Covered employees may not refuse to take a drug test. You are considered to have refused to test if you: fail to appear for any test* within a reasonable time after being directed to so by District (once an employee is notified they must proceed immediately to the collection site, immediately means that after notification, all the employee s actions must lead to an immediate specimen collection) fail to remain* at the testing site until the testing process is complete fail to provide a urine specimen for any drug test required by federal regulations fail to provide a sufficient urine specimen for drug testing, and it has been determined by the MRO that there was no adequate medical explanation for the failure fail to cooperate with any part of the drug testing process adulterate, dilute or substitute the specimen in any way fail or decline to take a second test the District or collection site personnel have directed the you to take fail to undergo a medical examination or evaluation as directed by the MRO as part of the verification process, or as directed by the District as part of the insufficient urine specimen procedures admit to the collector or MRO that you adulterated or substituted the specimen have a verified adulterated or substituted test result fail to permit the direct observation or monitoring of your provision of a specimen when required by the federal regulations for an observed collection, fail to follow observer s instruction to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process possess or wear a prosthetic or other device that could be used to interfere with the collection process Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

15 * Note: In a pre-employment test, there may be a number of legitimate reasons for an applicant to fail to appear or to leave a collection site before the test commences. Once the pre-employment test has commenced, an applicant must complete it. A pre-employment test commences when the collector or the donor selects a collection container. Who will be notified of drug test results? The District will designate representatives for receiving and dealing with drug test results in a confidential manner. The MRO will report the results as follows: Result Notify Negative Branch designated representatives Positive or Positive Diluted Specimen Branch designated representatives Pre-Employment Test Results Employment Transaction Services Branch; Branch designated representatives Adulterated or Substituted Results Branch designated representatives Negative Diluted Specimen Branch designated representatives What happens when a test result is reported as dilute? If the MRO informs the District that your negative drug test is dilute, you will be directed to take a second test with no advance notice. The District will rely only on the results of the second test. A declination to take the second test, as directed by the District, constitutes a refusal to test. If the MRO informs the District that your positive drug test was dilute, the test result is treated as a verified positive test. No second test is required. What steps are taken to protect employees, and maintain the integrity of the drug testing process? Every effort is made to protect employees and the integrity of the drug testing process. The District and collection site personnel will take the following precautions to ensure that the specimen's security, proper identification and integrity are not compromised: Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

16 The collection site must afford privacy to employees and be secure at all times by preventing access to unauthorized persons. Collection site personnel must meet training requirements outlined by the DOT. Collection site personnel shall ensure that employees are positively identified through the presentation of photo identification or identification by a District designated representative. A Drug Testing Custody and Control Form must be completed by the collection site personnel and the employee/donor at the time of collection, and accompany all specimens to the laboratory. After the specimen has been given to the collector, the collector and the employee complete the remainder of the collection process together, including sealing and labeling specimen bottles, initialing bottle labels or seals, and signing and dating the custody and control form. The specimens must be kept in sight of the employee/donor and collection site personnel until sealed and ready for shipment. The District, the laboratory and the MRO shall maintain all drug testing results and records under strict confidentiality. Except as required by law, employee records shall not be released without the written consent of the employee. How can you obtain your drug testing records? You have the right to obtain your drug testing records. If you would like a copy of you records, you must submit a signed written request to the designated representative from your respective branch (i.e., Transportation, Food Services, Maintenance and Operations or Materiel Management). Each branch maintains some records, the Third-Party Administrator, the collection sites and MRO each maintain other records. Most records will be available within 7 to 10 working days from receipt of your request. Requests must include social security number, employee number and address to where you would like the records sent. ALCOHOL TESTING What alcohol-related conduct is prohibited? If you are a covered employee, the following alcohol-related conduct is prohibited: you shall not report for duty or perform safety-sensitive functions on duty while having an alcohol concentration of 0.02 or greater* you shall not operate a commercial motor vehicle while in possession of alcohol, unless the alcohol is manifested and transported as part of a shipment you shall not perform safety-sensitive functions while using alcohol or within four hours after using alcohol if you must take a post-accident alcohol test you shall not use alcohol for eight hours following the accident, or until you undergo a post-accident alcohol test, whichever occurs first you shall not refuse to submit to an alcohol test *NOTE: It is District policy to apply the 0.02 threshold as the minimal level to maintain employment. Any employee found to have an alcohol concentration of 0.02 or greater will Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

17 be told to immediately stop performing safety-sensitive functions, placed on suspension and subsequently dismissed from District service. How does alcohol testing work? Alcohol testing is conducted by measuring the alcohol in a volume of breath using an evidential breath testing device. A Breath Alcohol Technician will conduct a screening test first. Any result less than 0.02 alcohol concentration is considered a "negative" test and no further testing is required. If the alcohol concentration is 0.02 or greater, a second, or confirmation test, is conducted to confirm the screening test results. What happens if you do not provide an adequate amount of breath, also known as Shy lung? If you attempt and fail to provide an adequate amount of breath, all collection efforts will cease. You are then responsible for obtaining a medical evaluation (at your cost) within five working days. The evaluation must be performed by a licensed physician acceptable to the District to determine if your inability to provide a sufficient specimen is caused by a medical condition. The physician must possess expertise in the medical issue. You are considered to have refused to take an alcohol test if the physician has determined that there was no adequate medical explanation for the failure. On the other hand, a cancelled test result will be reported if the physician has determined that there was legitimate medical condition to explain your inability to provide an adequate amount of breath. What constitutes a refusal to take an alcohol test? You may not refuse to take an alcohol test. You are considered to have refused to take an alcohol test if you: fail to appear for any test within a reasonable time after being directed to so by the District (once you are notified, you must proceed immediately to the collection site and immediately means that after notification, all your actions must lead to an immediate specimen collection) fail to remain at the testing site until the testing process is complete fail to attempt to provide a breath specimen as stipulated by the federal regulations fail to provide a sufficient breath specimen for testing, and it has been determined by the MRO that there was no adequate medical explanation for the failure fail to cooperate with any part of the alcohol testing process fail or decline to take a second test (or recollection) the District or collection site personnel has directed you to take fail to undergo a medical examination or evaluation as directed by the District as part of the shy lung procedures What steps are taken to protect employees and the integrity of the alcohol testing process? Every effort is made to protect employees and the integrity of the alcohol testing process. The District and collection site personnel will take the following precautions to ensure the accuracy, reliability, and confidentiality of test results. Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

18 Breath samples will be taken by a Breath Alcohol Technician who must meet the training requirements provided in the federal regulations. Evidential Breath Testing devices used shall be approved by the National Highway Traffic Safety Administration and meet the requirements of the federal regulations. The testing location must be set up in a manner that prevents unauthorized persons from seeing or hearing test results. Unauthorized persons shall not be permitted access to the testing location while the Evidential Breath Testing device is unsecure. The Breath Alcohol Technician shall ensure that employees are positively identified through the presentation of photo identification or identification by a District representative. A Breath Alcohol Testing Form, prescribed by the DOT, must be completed during the testing process by the Breath Alcohol Technician and by the employee being tested to ensure that the results are properly recorded. The Breath Alcohol Technician shall supervise only one employee's use of the Evidential Breath Testing device at a time and shall not leave the alcohol testing location while the testing process for a given employee is in progress. The District shall maintain records in a secure manner. Except as required by law, employee records shall not be released without the written consent of the employee. Who will be notified of an employee's alcohol testing result? The District will designate representatives for receiving and managing alcohol testing results in a confidential manner. The Breath Alcohol Technician will forward the results of the tests as follows: Result Screening Test Below 0.02 Notify Branch designated representatives Confirmation Test 0.02 or Above* site supervisor, Branch designated representatives. *Note: The Breath Alcohol Technician will notify the site supervisor immediately. If your test results are 0.02 or above, and the supervisor will be immediately remove you from performing safety-sensitive functions. How can you obtain your alcohol testing records? You have the right to obtain your alcohol testing records. If you would like a copy of your records, you must submit a signed written request to the designated representative from your respective branch (i.e., Transportation, Food Services, Maintenance and Operations or Materiel Management). Each branch maintains some records, the Third-Party Administrator, the collection sites and MRO each maintain other records. Most records will be available within 7 to 10 working days from receipt of your request. Requests must include social security number, employee number and address to where you would like the records sent. Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

19 CONSEQUENCES OF VIOLATIONS 4 What are the consequences of engaging in prohibited conduct? Controlled Substance Use Covered employees who report for duty or remain on duty requiring the performance of safety-sensitive functions while using any controlled substance, except when the use is pursuant to the written instructions of a licensed medical practitioner who has advised the employee that the substance does not adversely affect the employee's ability to safely operate a commercial motor vehicle, will be immediately removed from performing safety-sensitive functions, placed on suspension and dismissed from District service. Controlled Substance Testing Covered employees who report for duty, remain on duty or perform a safety-sensitive function after testing positive for controlled substance use will be immediately removed from performing safety-sensitive functions, placed on suspension and dismissed from District service. Covered applicants who test positive for controlled substance use will not be eligible for employment with the District. Covered applicants who are current District employees and test positive for controlled substance use will not be eligible for assignment in a safety-sensitive position and may be subject to disciplinary action. Alcohol Concentration Covered employees who report for duty or remain on duty to perform safety-sensitive functions while having an alcohol concentration of 0.02 or greater will be immediately removed from performing safety-sensitive functions, placed on suspension and dismissed from District service. Alcohol Possession Covered employees found to possess alcohol while on duty or when operating a commercial motor vehicle, unless the alcohol is manifested and transported as part of a shipment, will be immediately removed from performing safety-sensitive functions, placed on suspension and dismissed from District service. On-Duty Alcohol Use Covered employees found to be using alcohol while performing safety-sensitive functions will be immediately removed from performing those safety-sensitive functions, placed on suspension and dismissed from District service. 4 These consequences are District policy; meets requirements of the federal regulations, Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

20 Pre-Duty Alcohol Use Covered employees found to have used alcohol within four hours prior to the performance of safety-sensitive functions will be immediately removed performing from safety-sensitive functions, placed on suspension and dismissed from District service. Alcohol Use Following an Accident Covered employees who are required to take a post-accident test and who are found to have used alcohol within eight hours following the accident and prior to submitting to a post-accident alcohol test will be immediately removed from performing safetysensitive functions, placed on suspension and dismissed from District service. Refusal to take an Alcohol or Controlled Substance Test Covered employees who refuse to submit to an alcohol or controlled substance test will be immediately removed from performing safety-sensitive functions, placed on suspension and dismissed from District service. Covered applicants who refuse to submit to a controlled substance test will not be eligible for employment with the District. Covered applicants who do not complete the pre-employment controlled substance test after the testing has commenced will not be eligible for employment with the District. Covered applicants who are current District employees and refuse to submit to a controlled substance test will not be eligible for assignment in a safety-sensitive position and will be subject to disciplinary action. Covered applicants who are current District employees and do not complete the preemployment controlled substance test after the testing has commenced will not be eligible for assignment in a safety-sensitive position and will be subject to disciplinary action. Covered employees who have a verified adulterated or substituted drug test result will be immediately removed from performing safety-sensitive functions, placed on suspension and dismissed from District service. Covered employees who fail to provide a sufficient specimen for an alcohol or controlled substance test and provide no adequate medical explanation for the failure will be immediately removed from performing safety-sensitive functions, placed on suspension and dismissed from District service. Covered employees who fail to undergo medical examination or evaluation required or permitted by DOT regulations, as directed by the District or MRO will be immediately removed from performing safety-sensitive functions, placed on suspension and dismissed from District service. Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

21 Covered employees who fail to cooperate with any part of the testing process will be immediately removed from performing safety-sensitive functions, placed on suspension and dismissed from District service. Covered employees who fail to appear for any test within a reasonable time (as defined by the District) or fail to remain at the collection site until the completion of the testing process, as directed by the District, will be immediately removed from performing safety-sensitive functions, placed on suspension and dismissed from District service. Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

22 CONTACTS Who do I contact if I have questions concerning the interpretation of this document? Policy and Procedures: Food Production Manager Food Services Branch (213) Senior Human Resources Representative Maintenance and Operations Branch (213) Truck Operations Manager Materiel Management Branch (562) Human Resources Representative Transportation Branch (323) Medical Pre-Employment Employee Health Services Unit (213) Employment Transaction Services Branch (213) Post-Accident Testing and CDT, Inc. Reasonable Suspicion Testing (800) After Hours (800) LAUSD Employee Assistance Program (866) Substance Abuse Professionals SAP NETWORK NATIONAL COUNSELING RESOURCE Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

23 Appendix A Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

24 Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

25 Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

26 Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

27 Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

28 Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

29 Appendix B Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,

30 Appendix C - Alcohol Fact Sheet Alcohol is a drug that has been consumed throughout the world for centuries. It is considered a recreational beverage when consumed in moderation for enjoyment and relaxation during social gatherings. However, when consumed primarily for its physical and mood-altering effects, it is a substance of abuse. As a depressant, it slows down physical responses and progressively impairs mental functions. Description Generic/Chemical Names (Representative): Beer (about 4.5 percent alcohol), wine (about 14 to 20 percent alcohol), distilled spirits or liquor (about 50 percent alcohol). Alternative Sources: After-shave lotion, cough medicine, antiseptic mouthwash, vanilla extract, disinfectant, room deodorizer fluid, cologne, breath sprays, shaving creams, rubbing alcohol. Common Street Names: Booze, juice, brew, grain, shine, hooch. Distinguishing Characteristics: Pure ethanol (sold in some States as "grain alcohol") is a colorless liquid with a distinctive odor and taste. It has a cooling effect when rubbed on the skin. Most commonly, however, alcohol is consumed as the component of another beverage, and grain alcohol itself is normally diluted with juices or other soft drinks by the consumer. Depending upon the concentration of alcohol in the beverage, the aroma of alcohol may serve as an indicator of the presence of alcohol in a beverage. Since the sale and distribution of all products containing more than a trace amount of ethanol are regulated by Federal and State governments, the best guide to whether a specific beverage contains alcohol will be label information if the original container is available. Paraphernalia: Liquor, wine, after-shave, or cough medicine bottles; drinking glasses; cans of alcohol-containing beverages; can and bottle openers. Paper bags are sometimes used to conceal the container while the drink is being consumed. Method of Intake: Alcohol is consumed by mouth. It is infrequently consumed as pure (grain) alcohol. It is, however, frequently consumed in the form in which it is sold (e.g., cans of beer, "straight" liquor, glasses of wine). Alcohol is often consumed in combination with other beverages ("mixers"), either to make it more palatable or to disguise from others that alcohol is being consumed. Duration of Single Dose Effect: Alcohol is fully absorbed into the bloodstream within 30 minutes to 2 hours, depending upon the beverage consumed and associated food intake. The body can metabolize about one quarter of an ounce (0.25 oz.-roughly half the amount in a can of beer) of alcohol per hour. The effects of alcohol on behavior (including driving behavior) vary with the individual and with the concentration of alcohol in the individual's blood. The level of alcohol achieved in the blood depends in large part (although not exclusively) upon the amount of alcohol consumed and the time period over which it was consumed. One rule of thumb says that in a 150-pound person, each drink adds 0.02% to blood alcohol concentration and each hour that passes removes 0.01 percent from it. Covered Employees Drug and Alcohol Testing Program Policy Guide July 1,