DATE ISSUED: 9/12/ of 10 LDU DHE2(REGULATION)-X

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1 EMPLOYEES SUBJECT TO ALCOHOL AND DRUG PRE-EMPLOYMENT AND PRE- ASSIGNMENT POST- EMPLOYMENT POST-ACCIDENT AND UNSAFE PRACTICE DISTRICT REQUIREMENTS AND GUIDELINES 1. Employees who drive District-owned, -leased, or -rented vehicles, or who perform safety-sensitive functions (including police officers who carry firearms, motor vehicle mechanics and inspectors, transportation aides, operators of hazardous equipment, and custodial and food service staff), and applicants for positions in these categories, are subject to alcohol and other controlled substances testing according to the following guidelines and procedures. [See Reference (g)] In addition, all employees are subject to reasonable suspicion testing. [See REASONABLE SUSPICION, below and References (a), (b), (c), and (d)] a. Satisfactory completion of alcohol and drug testing is a pre-employment requirement for each applicant who applies for driving or safety-sensitive positions. The testing for alcohol and drugs must be completed and a negative report for the use of alcohol and drugs must be received before the person may begin to work. Current employees applying for transfers to driving and safety-sensitive positions must also undergo alcohol and drug testing prior to assuming the duties of the new position. b. Post-employment alcohol and drug testing may be administered for the following reasons: (1) The District has established Districtwide requirements and guidelines for post-accident testing and unsafe practice testing. In addition, each department that has been assigned one or more District vehicles must establish procedures for postaccident testing and unsafe practice testing: (a) Any employee who is involved in an accident while driving a District vehicle, whether on duty or not, will be drug and alcohol tested. An employee assigned to a driving or safetysensitive position who is involved in an accident while on duty will be prohibited from consuming alcohol for eight hours or until he or she has been tested for alcohol and drug use. The employee will remain readily available for testing or may be deemed to have refused to submit to testing. Any violation of this regulation will result in a declaration of a positive test and termination will follow. Medical attention DATE ISSUED: 9/12/ of 10 -X

2 DEPARTMENTAL PROCEDURES (b) is not to be delayed as a result of this procedure. If the alcohol test is not administered within two hours following the accident, a written record of the reasons for not administering the test within two hours will be prepared and maintained by the supervisor. If the alcohol test is not administered within eight hours after the accident, no further attempts to administer it will be made. A written record of the reasons for not administering the test within eight hours will be prepared by the supervisor and a copy will be sent to Professional Standards for appropriate action. If the drug test is not administered within 32 hours following the accident, a written record of the reasons for not administering the test will be prepared and maintained by the supervisor. The following items apply to all accidents involving employees driving District vehicles. This information must be a normal part of the departmental operational procedures for departments with District vehicles, and must be communicated to the employees in those departments: An employee involved in an accident while driving a District vehicle, whether on duty or not, must immediately call his or her supervisory chain of command to report the accident; No employee involved in an accident while driving a District vehicle may drive a District vehicle again until he or she has been tested for alcohol and drugs and has received a negative report; After being notified that an employee has been involved in an accident while driving a District vehicle, the supervisory chain of command must call to advise the drug and alcohol testing company of record of the need for a test and to determine where the employee should be transported for immediate testing; DATE ISSUED: 9/12/ of 10 -X

3 RANDOM REASONABLE SUSPICION The supervisory chain of command must arrange for transportation of the employee to the testing site and for return of the vehicle to the department; and The supervisory chain of command must relieve the employee of driving duties until he or she has been cleared by the drug and alcohol test. (2) The minimum annual percentage rate for random alcohol testing will be 25 percent of the average number of employees covered under the testing regulation. The minimum annual percentage rate for random testing for controlled substances abuse will be 50 percent of the average number of employees covered under the testing regulation. The percentage rates may change each year as determined by the Federal Highway Administration. The selection of employees to be randomly tested will be made by a scientifically valid method to ensure that each employee will have an equal chance of being tested each time. The random tests will be unannounced and the dates for administration of the tests will be spread throughout the calendar year. An employee who is selected for random testing will be required to proceed to the test site immediately upon notification. The employee will be tested for alcohol and other controlled substances before, during, or immediately after performing the functions of the position. (3) A supervisor who determines that reasonable suspicion exists for testing may request a collaborative observation from the substance abuse coordinator or other trained person. When a supervisor orders reasonable suspicion testing, he or she should arrange transportation of the employee to and from the test site and offer alternative transportation (taxi, bus, or family member) to the employee s home. In addition, the supervisor or his or her designee must accompany the employee to and from the test site. If the employee exhibits threatening behavior or becomes uncontrollable, the supervisor should request District police assistance. [See References (b), (c), (d), and (h)] DATE ISSUED: 9/12/ of 10 -X

4 If the person making the reasonable suspicion assessment determines that there is reasonable suspicion that the employee is under the influence of alcohol and or drugs, then the person making the assessment will communicate the basis of the reasonable suspicion to the employee. If the person making the assessment is not the supervisor, the supervisor should be present at the time the explanation of reasonable suspicion is communicated to the employee. A written notice will be given or sent to the employee explaining the rationale for the reasonable suspicion testing within two business days following the test. Any supervisor who requests reasonable suspicion testing of an employee who does not test positive must prepare an explanatory rationale for requesting the test(s). This rationale will be transmitted to his or her next line supervisor, who will determine if the requesting supervisor should be required to have additional training or if other appropriate action should be taken. ALCOHOL (a) No employee will report to duty while under the influence of or impaired by alcohol, as shown by behavioral, speech, and performance indicators of alcohol misuse, or remain on duty after obtaining a test result showing an alcohol concentration of 0.02 or greater, nor will the District permit the employee to perform or continue to perform the functions of his or her position. An employee will be required to undergo alcohol testing at any time the District has reasonable suspicion to believe that the employee has violated the policy for a drug-free workplace. [See References (a), (b), (c), (d), and (f)] The District's determination must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee. The observations must be made by a supervisor trained under Reference (k). The supervisor who makes the determination that reasonable suspicion exists will not administer the test. DATE ISSUED: 9/12/ of 10 -X

5 OTHER CONTROLLED SUBSTANCES (b) Alcohol testing is authorized only if the observations are made just preceding, during, or just after the period of the workday that the employee is required to be in compliance with the policy (including attendance at school functions). [See References (a), (b) (c), and (d)] If the alcohol test is not administered within two hours following the determination, a written record of the reasons for not administering the test within two hours will be prepared by the supervisor and a copy sent to Professional Standards for appropriate action. If the alcohol test is not administered within eight hours after the determination, no further attempts to administer it will be made. A written record of the reasons for not administering the test within eight hours will be prepared by the supervisor and a copy sent to Professional Standards for appropriate action. No employee will report to duty while under the influence of or impaired by a controlled substance other than alcohol, as shown by behavioral, speech, and performance indicators of controlled substance use, or remain on duty after obtaining a positive test result, nor will the District permit the employee to perform or continue to perform the functions of his or her position. An employee will be required to undergo controlled substance testing at any time the District has reasonable suspicion to believe that the employee has violated the policy for a drug-free workplace. [See References (a), (b), (c), (d), and (e)] The District's determination must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee. The observations may include indications of the chronic and withdrawal effects of controlled substances. The observation must be made by a supervisor trained under References (i) and (j). A written record will be made of the observations leading to a controlled substance reasonable suspicion test and signed by the su- DATE ISSUED: 9/12/ of 10 -X

6 pervisor who made the observations within 24 hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier. Collection of urine specimens will follow the protocol established by the United States Department of Transportation. Split sampling is required. A split sample is defined as a spe- RETURN-TO- DUTY FOLLOW-UP SUBSTANCE USE AND ABUSE PROCEDURE (4) Any employee who has been off duty as a result of a recommendation for termination for violation of References (a), (b), (c), (d) or (e) that was not upheld; or as a result of a self-referral for alcohol or drug abuse [see SELF-REFERRALS FOR ALCO- HOL AND DRUG ABUSE and FINDING OF DRUG/ALCOHOL USE AND DISCIPLINARY AC- TION below], will be required to take a return-toduty test for alcohol or other controlled substances or both. Acceptable results of the test(s) must be reported before the employee may resume performance of the duties of his or her position. (5) An employee who has been determined to be in need of assistance in resolving problems associated with alcohol misuse, use of other controlled substances, or both is subject to unannounced follow-up testing as directed by a Substance Abuse Professional (SAP). Such testing will consist of at least six tests in the first 12 months of the employee's return to duty. The SAP may terminate the follow-up testing at any time after the first six tests have been administered. Follow-up alcohol testing will be conducted only just before, during, or just after the employee's performance of the functions of his or her position. 2. Substance use and abuse testing will consist of urine testing for five illegal substances as defined by the National Institute on Drug Abuse (NIDA). These illegal substances include marijuana, cocaine, amphetamines, opiates, and phencyclidine (PCP). Two tests, an initial test and a confirmatory test, will be administered. The test results must equal or surpass detection levels set by NIDA to be considered positive. Both tests, the initial and confirmatory, must be positive or they will be considered inconclusive and the results will be reported as negative. DATE ISSUED: 9/12/ of 10 -X

7 cimen of which a portion is retained and sealed separately so that, in the event a confirmation test is positive, the retained portion may be assayed by an independent confirmation test at a second laboratory. A licensed physician with knowledge of substance abuse disorders and training in interpretation and evaluation of positive and suspicious negative drug test results will be employed as the District medical review officer (MRO). The MRO will review and interpret positive drug test results and determine if an alternative medical explanation for the positive results is possible. The review and determination may include a medical interview with the employee, a review of the employee's medical history, a review of any other biomedical factors, or all of the preceding information sources. Responsibilities of the MRO also include: Receiving the test results from the laboratory; Notifying the employee of a confirmed positive test result; Verifying the laboratory results; Notifying the employee of a verified positive test result; Making return-to-duty or approval-to-hire decisions; and Ensuring return-to-duty or approval-to-hire decision requirements are met. ALCOHOL PROCEDURE POSITIVE TEST RESULTS 3. Two tests, an initial test and a confirmatory test, will be administered. The test results must equal or surpass the detection level of 0.02 to be considered positive. Alcohol testing will be performed with an evidential breath testing machine (EBT) for both the initial and confirmatory tests. Alcohol confirmatory tests will be conducted within minutes of the initial test. The EBT tests will be administered by a trained breath alcohol technician. The employee's direct supervisor will not administer the tests. An employee will be deemed to have tested positive for alcohol use in violation of References (a), (b), (c), and (d) if an alcohol test shows an alcohol concentration of 0.02 or higher. 4. Employees who test positive for drug or alcohol use or both will be immediately prohibited from performing job functions and will be recommended for termination. DATE ISSUED: 9/12/ of 10 -X

8 EMPLOYEE REFUSAL TO TEST EMPLOYEE REFERRAL TO A SAP 5. Refusal to submit to an alcohol or drug test is interpreted as a positive test. [See References (c) and (d)] Any employee who refuses to submit to an alcohol or drug test will be immediately prohibited from performing job functions and will be recommended for termination. Likewise, an employee who does not produce an adequate sample (urine or breath) without a valid medical reason or who engages in conduct that obstructs the collection process will be immediately prohibited from performing job functions and will be recommended for termination. Additionally, an employee who leaves the scene of an accident without a valid reason will be immediately prohibited from performing job functions and will be recommended for termination. 6. The District Drug-Free Workplace Program (DFWP) will refer employees who test positive or who refuse to submit to an alcohol or drug test to a SAP for evaluation. The SAP is defined as: A licensed physician (with a Medical Doctor or Doctor of Osteopathy degree) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders; A licensed or certified psychologist; A licensed social worker; A licensed or certified employee assistance professional with knowledge of and clinical experience in alcohol- and drug-related disorders; or A licensed drug and alcohol counselor certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission (NAADAC) or the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC) or the National Board for Certified Counselors, Inc. (NBCC). All of the previously listed or mentioned professionals must have met requirements of 49 CFR-Part (c)(1) qualification training and (c)(2), valid exam as recognized by the U.S. Department of Transportation. [See Reference (j)] The referral process will include notice to employees who test positive of local treatment resources, including the names, addresses, and telephone numbers of SAPs and counseling and treatment programs. Counseling and rehabilitation costs are the responsibility of the employee. DATE ISSUED: 9/12/ of 10 -X

9 SELF-REFERRALS FOR ALCOHOL AND DRUG ABUSE CONFIDENTIALITY OF RECORDS DRIVING WHILE INTOXICATED CONVICTION 7. Employees who recognize and admit to alcohol or drug abuse may refer themselves to the DFWP. Employees in safetysensitive or security-related positions will not be permitted to continue in those assignments. Employees may use accumulated personal leave time while in counseling and rehabilitation under a plan approved by the DFWP. Counseling and rehabilitation costs are the responsibility of the employee. An employee who voluntarily admits to alcohol or illegal drug use, commences counseling or rehabilitation prior to an event that leads to the initiation of any alcohol or drug testing, and thereafter refrains from using alcohol and/or illegal drugs, may not be subject to disciplinary action for violation of References (a), (b), (c), (d) and (e). 8. The alcohol and drug testing results will be maintained in a confidential file. Information from the file will not be available to anyone except the custodian of the personnel records, authorities from Health and Medical Services and the EAP, and others as required by Board policy or law. [See Reference (e)] Supervisors may be told the results of a test (positive or negative) but will not be told what substances tested positive. An employee may request to view his or her personal record in accordance with Reference (f). 9. Any District employee who receives a Driving While Intoxicated (DWI) conviction or who pleads guilty or nolo contendere to a DWI charge and receives deferred adjudication must report the conviction or plea to his or her supervisor within five days, regardless of whether the incident occurred in a District vehicle or a personal vehicle. [See References (a), (b), (c), and (d)] A school bus driver who is convicted of any DWI offense, whether driving a District vehicle or a personal vehicle, will be terminated. Additionally, a school bus driver convicted of any DWI offense will not be eligible for employment in any position with the District for at least one year following the termination and will never be eligible for a driving position with the District. Any other District employee who is convicted of a DWI offense will be terminated if the offense was committed while driving a District vehicle or will be subjected to disciplinary action up to and including termination if the offense was committed while driving a personal vehicle. [See References (a), (b), (c), (d), and (g)] DATE ISSUED: 9/12/ of 10 -X

10 FINDING OF DRUG OR ALCOHOL USE AND DISCIPLINARY ACTION CONSULTATION MAINTENANCE RESPONSIBILITY 10. An employee who is found to be in violation of the District's Drug-Free Workplace Program as set forth in References (a), (b), (c), (d), (e), (f) and (i) will be recommended for termination except when the employee voluntarily admits to alcohol or illegal drug use and commences counseling or rehabilitation prior to an event that leads to the initiation of any alcohol or drug testing; such employee must thereafter refrain from using alcohol and/or illegal drugs. 11. This regulation has been through consultation (Administrative: June 7, 2011; Instructional: June 2, 2011). 12. The manager, Employee Support Services, is responsible for maintenance of this regulation. REFERENCES: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Board Policy DH(LEGAL) Board Policy DH(LOCAL) Board Policy DHE(LEGAL) Board Policy DHE(LOCAL) DI(EXHIBIT) Board Policy GBA(LEGAL) CNB3 DHE1 DH2 49 Code of Federal Regulations (a)-(c) Procedures for Transportation Workplace and Drug and Alcohol Testing Program. DATE ISSUED: 9/12/2011 REVIEWED: 10 of 10 -X

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