Alcohol and Drug-Free Workplace Policy and Regulations for the Atlanta Public Schools Policy GAMA

Transcription

1 Alcohol and Drug-Free Workplace Policy and Regulations for the Atlanta Public Schools Policy GAMA

2 Table of Contents The Atlanta Public Schools Drug-Free Workplace Policy The Atlanta Public Schools Alcohol and Drug-Free Workplace Regulations I. Purpose... 4 II. THE EMPLOYEE ASSISTANCE PROGRAM (EAP)... 8 III. DEFINITIONS... 9 IV. SPECIFIC PROCEDURES FOR CASES OF REASONABLE SUSPICION OF ALCOHOL AND/OR DRUGS... 9 V. SPECIFIC PROCEDURES FOR CLAIMS OF EMPLOYEES INJURED ON THE JOB VI. ALCOHOL A. Reporting for Duty--All Employees B. Testing Procedure--All Employees VII. CONTROLLED SUBSTANCES A. Reporting for Duty--All Employees B. Reporting for Duty--Drivers of Commercial Motor Vehicles C. Testing Procedure-All Employees VIII. TESTS REQUIRED A. For Drivers of Commercial Motor Vehicles Pre-employment or Pre-duty Testing Post-accident Testing Random Testing Medical Examination (For School Bus Drivers and Certain Trade Employees) B. For All Employees Post-accident Testing Reasonable Suspicion Return-to-Duty and Follow-Up Testing a. Drivers of Commercial Motor Vehicles b. Other Employees IX. REMOVAL FROM DUTY X. DISCIPLINARY ACTIONS XI. RECORD RETENTION AND CONFIDENTIALITY XII. NOTIFICATION AND TRAINING XIII. APPEAL PROCEDURE XIV. POLICY AND PROCEDURAL INQUIRIES XV. APPENDICES APPENDIX A: DEFINITIONS APPENDIX B: REASONABLE SUSPICION DOCUMENTATION GRID APPENDIX C: SAMPLE OF COMPLETED REASONABLE SUSPICION DOCUMENTATION GRID APPENDIX D: QUICK REFERENCE GUIDE FOR CASES OF REASONABLE SUSPICION FOR USE BY LEADERSHIP POSITIONS APPENDIX E: QUICK REFERENCE GUIDE FOR CASES OF EMPLOYEES INJURED ON THE JOB BY LEADERSHIP POSITIONS XVI. ACKNOWLEDGEMENT of RECEIPT of the ALCOHOL and DRUG-FREE WORKPLACE POLICY ii

3 The Atlanta Public Schools Alcohol and Drug-Free Workplace Policy Policy GAMA The Atlanta Board of Education recognizes that its employees are the Board s most valuable resource and for that reason, their health and safety are of paramount concern. The Board also recognizes that a drug-free work force encourages productivity and promotes the accomplishment of the Board s mission and goals. Because substance abuse, either while at work or away from work, can seriously endanger the safety of employees and render it impossible to supply top quality service, the Board has established a program to deter users and remove abusers of alcohol, drugs, or other controlled substances. This program shall include drug and alcohol testing of employees reasonably suspected of reporting to work under the influence of such substances and employees who are injured on the job. In accordance with the Drug-Free Schools and Communities Act Amendments of 1989 and Drug-Free Workplace Act of 1988, Official Code of Georgia Annotated (OCGA) and the Georgia Drug-Free Public Work Force Act of 1990, the Board hereby declares that the unlawful manufacture, distribution, dispensing, possession, or use of alcohol or a controlled substance, marijuana, or dangerous drug is prohibited in the workplace at any time for all employees of the Atlanta Public Schools. Compliance with this Drug-Free Workplace Policy is mandatory for all employees of the Atlanta Public Schools. Employees found in violation of this policy shall be terminated and not eligible for reemployment. A copy of this policy shall be made available to all employees of the Atlanta Public Schools. The Superintendent shall promulgate regulations consistent with the provisions of this policy for its implementation.

4 ALCOHOL AND DRUG-FREE WORKPLACE REGULATIONS FOR THE ATLANTA PUBLIC SCHOOLS: GAMA-R I. Purpose The purpose of the Atlanta Public Schools Drug-Free Workplace policy is to produce a workplace and school environments that discourage and are void of the unauthorized or illegal use and/or any transaction of drugs and alcohol by its employees and students. The Atlanta Public School (APS) system is committed to the health and well being of its employees and students. Thus, APS shall be a work environment that is free of the presence and influence of alcoholic beverages, illicit drugs and/or unlawful controlled substances. Employees shall perform their job assignments safely, efficiently, and without the adverse influence of alcohol or controlled substances. The APS prohibits all employees from possessing, using, manufacturing, dispensing, selling, distributing, or being under the influence of illegal drugs and from the use, sale, distribution or possession of drug paraphernalia. All employees are prohibited from unlawfully possessing, using, manufacturing, dispensing, selling, distributing, or being under the influence of alcohol. The APS adheres to an overall sanction of "zero-tolerance" for violation of this policy, which means violators will be addressed through the APS and/or through prosecution in the courts or both. The APS Drug-Free Workplace Regulations serve a multifaceted purpose that include the following: To further educate APS employees regarding its policy and philosophy regarding Drug-Free Schools and Work Environments; To present a synopsis of the dangers and health risks related to alcohol and drug use and abuse; To provide information regarding the resources available to assist those who selfidentify and desire assistance with alcohol and drug problems; To describe the specific procedures for cases of reasonable suspicion of alcohol and drugs; To describe the specific process for alcohol and drug testing after an employee has been injured; and To describe the specific instructions for other alcohol and drug testing. For purposes of the policy and regulations, "illegal drugs" shall mean any controlled substance, or imitation controlled substance, whose unauthorized manufacture, distribution, dispensation, possession, consumption, use, or sale is prohibited by federal or state law. "Unauthorized use of prescription drugs" shall mean use of a drug by anyone other than the person for whom the drug was prescribed, or in any manner that is prohibited by federal or state laws. 4

5 APS complies with all laws that regulate or prohibit the possession, use or distribution of alcohol, illicit drugs and controlled substances. In accordance with the Drug-Free Schools and Communities Act Amendments of 1989, APS has adopted an anti-drug and alcoholism policy and program for its employees and students. Consistent with the federal mandates prescribed by Congress under the Drug-Free Schools and Communities Act and the Drug-Free Workplace Act (1988), the Atlanta Board of Education will approve policies and procedures that are designed to monitor, regulate and educate all employees and students regarding the use, effects and consequences of alcohol and illicit drugs. The Drug-Free Workplace policy applies to all full-time and part-time regular and temporary employees, including teachers, administrators, all exempt and non-exempt staff, and all student employees and interns. As stated above, APS adheres to an overall sanction of "zero tolerance". Thus, employees and students who violate this policy will be subject to personnel and appropriate disciplinary actions, which may include termination of employment, counseling, referral to an appropriate treatment or rehabilitation program, a warning, placement on strict probation, unpaid suspension from employment, conditional continuation of employment, expulsion, discharge and referral to the proper law enforcement authorities. Consideration may be given as to whether treatment or rehabilitation will be offered to employees who have self-identified and/or have provided appropriate documentation to substantiate difficulty with drugs or alcohol, so that they may meet the standards and requirements set forth by the policy. In cases where consideration for treatment or rehabilitation has been granted, the employee will be referred to the school system's Employee Assistance Program (EAP). The EAP will conduct a comprehensive clinical assessment and will make appropriate recommendations for immediate treatment, aftercare, and ongoing case management. The EAP will provide appropriate oversight to ensure that the employee is referred to a satisfactory alcohol or drug assistance program and that he or she is complying with treatment and aftercare recommendations. The EAP will maintain all required confidentiality of employees' medical information and will receive the employee's written authorization to disclose appropriate information needed by APS to ensure that the employee is safe to be in the work environment. The EAP will alert the appropriate levels of the APS administration of any circumstance that constitutes a situation of dangerousness for any employee in the work environment, which is permissible by state law. The actions prohibited by the Drug-Free Workplace policy do not include the lawful and proper use of drugs prescribed by a physician or over-the-counter medications that are taken as directed. However, no employee shall report to work or attempt to engage in normal duties if he or she is knowingly impaired by drugs that are prescribed by a physician or by over-the-counter drugs. Such conduct is considered inappropriate and improper and may result in disciplinary action up to and including dismissal. The Drug-Free Workplace policy shall govern all specified APS employee groups (1) during school hours or as a part of any of its business activities, (2) while on any property 5

6 owned or leased by APS, (3) at any time during which the employee is acting in the course and scope of his or her employment with APS, and/or (4) at any other time that the employee's violation of this policy has a direct and adverse effect on the performance of his or her job. APS reserves the right to test employees whose duty it is to drive a vehicle, repair vehicles or equipment, provide armed security, and any other persons in similar safety positions anytime prior to or during employment. APS also reserves the right to test any employee upon reasonable suspicion of drug or alcohol use. Any employee who refuses to submit to any diagnostic test to detect alcohol and/or drug use, or refuses to submit to search procedures after reasonable suspicion is established may be suspended immediately pending consideration of a decision to terminate employment. It is a condition of continued employment that each and every APS employee complies with the Alcohol and Drug-Free Workplace policy. An employee shall notify his or her supervisor of any charge, conviction (or plea of guilty, no contest, or "nolo contendere") of any criminal drug or alcohol stature no later than the next business day after any such charge, conviction or plea. Similarly, any employee whose duty it is to drive a vehicle or repair equipment or vehicles shall comply with the policy and notify his or her supervisor of his/her arrest or charge of any criminal drug statute or any motor vehicle violation involving the use of alcohol or controlled substances at any time. The employee shall notify his or her supervisor no later than the next business day after being charged. The dangers and perils of alcohol and drug abuse are far reaching and affect all individuals in some way on a daily basis. Thus it is important for APS employees and students to understand the health risks of alcohol and drug use and abuse. Because APS encompasses educational environments, it is even more important for employees and students to be well informed of the risks and dangers of alcohol and drug use, abuse and dependence. Additionally, an employee who works under the influence of alcohol and/or drugs may: Create unsafe conditions for other employees and students; Perform unsatisfactorily and may adversely affect the performance of those who work with him or her; Adversely influence young people for whom he or she serves as a role model; and Discredit the Atlanta Public Schools and cause disrespect for both the Atlanta Board of Education and its schools by parents, students and the community-atlarge. The Atlanta Public Schools has a vital and vested interest in maintaining a safe, healthy, and productive environment for its employees and the students under their supervision. The inappropriate and improper use of alcohol or illegal drugs or the unauthorized use of prescription drugs undermines the quality of job performance, endangers coworkers and students, and brings discredit to the school system. Thus, no employee shall report to work, perform assigned duties, engage in APS business in the school community, or 6

7 participate in an assigned activity involving students or staff while that employee has detectable amounts of alcohol, illegal drugs, unauthorized prescription drugs, or illegal drug metabolites in his or her system. Whether the employee has alcohol, illegal drugs, unauthorized prescription drugs, or illegal drug metabolites in his or her system shall be determined in accordance with medically established standards for measuring detectable amounts of these substances. The only exception to the foregoing pertains to employees who are not on an official oncall roster or status but who are called in to work outside of their normal duty hours to perform emergency or unscheduled work. In these cases, the employee shall be disciplined for off-duty consumption of alcohol that results in reporting to duty with alcohol in his or her system. In these cases, it is advisable that the employee indicates that he or she has been consuming alcohol when the supervisor first calls to make the work request. More specifically, the employee is advised to disclose to the supervisor that he or she has been consuming alcohol prior to reporting to work for emergency or unscheduled work. The supervisor shall ensure that drivers of commercial motor vehicles shall not perform safetysensitive functions within four hours after ingesting alcohol, and that they otherwise will not jeopardize the safety of others. It is important for APS employees to understand that there are resources available for education, consultation and counseling to educate, prevent and treat those individuals who suffer from alcohol and substance-related problems. One such resource is the APS Employee Assistance Program that is described more fully in the next section. Even further, it is important for employees to understand the expectations, standards of conduct and behavior, as well as the sanctions set forth in the APS policy. This information is made available through employee orientations and through regular dissemination of information. 7

8 II. THE EMPLOYEE ASSISTANCE PROGRAM (EAP) Early recognition and treatment of alcohol and drug abuse and dependence are essential to successful rehabilitation. The APS maintains an employee assistance program that is commonly referred to as the EAP. The EAP will assist employees (and their immediate household family members) with alcohol and drug abuse and dependence problems, as well as with other personal problems. The EAP will assist employees with these problems by providing clinical assessments, short-term (up to five sessions) counseling, case management and follow-up services, and will also make referrals to appropriate treatment programs. Employees who voluntarily seek assistance for an alcohol or substance abuse problem through the EAP or any other medical source shall not be disciplined as a result of their disclosure of prior drug or alcohol use. Even further, treatment by the EAP or another medical source shall be handled in the strictest of confidence. However, an employee cannot avoid discipline for violation of the Drug-Free Workplace policy and regulation by participating in a treatment program unless he or she does the following: Volunteers for such treatment prior to being confronted by a manager or supervisor with the violation of this regulation. Successfully adheres to requirements of and completes the prescribed treatment program. This must be documented through the EAP or by an acceptable alcohol and drug treatment facility or medical provider who has expertise in this particular specialty area. Refrains from thereafter engaging in conduct that violates the policy and regulation regarding use of alcohol, illegal drugs, and unauthorized prescription drugs. In the case of an employee voluntarily participating in an EAP-approved program or returning to work after successful completion of a treatment program, the APS reserves the right to test for drug and/or alcohol use randomly or periodically in accordance with procedures that will be specified in a return-to-duty agreement. This agreement will be signed by the employee, supervisor and any other appropriate designee of the APS. In addition, for drivers of commercial motor vehicles, voluntary treatment for alcohol and drug abuse shall be an EAP-approved program. Drivers successfully completing such a program shall return to duty and be subjected to unannounced follow-up alcohol and drug testing, consisting of at least six tests for the first 12 months following their return. 8

9 III. DEFINITIONS It is important for APS employees to understand the terminology associated with the Alcohol and Drug-Free Workplace policy, regulations and practices. Thus specific definitions have been provided in Appendix A to further clarify some of the terms that may be used in this process. IV. SPECIFIC PROCEDURES FOR CASES OF REASONABLE SUSPICION OF ALCOHOL AND/OR DRUGS The following specific procedures will be adhered to in cases where there is reasonable suspicion of alcohol or other drug use or abuse by an employee. All employees are expected to adhere to the following procedural guidelines as a condition of their employment with APS, and any violation of this regulation may subject the employee to discipline, up to and including dismissal from employment even for a first offense. 1. A supervisor or manager observes or is called upon to observe behaviors that are suggestive of reasonable suspicion for alcohol and/or drug use or abuse. These observable behaviors may include the smell of alcohol or other drugs (such as marijuana) radiating from an employee, slurred speech, lack of coordination, unsteady gait, hand tremors, profuse sweating or chills, dry mouth, nausea or vomiting, increased or decreased motor activity (such as frequent and unfocused walking), restlessness, rambling speech, confusion, rapid mood changes, impaired memory, difficulty concentrating, impaired judgment, and other behavioral and interpersonal difficulties (such as speaking in an inappropriate voice tone [either too loud or too soft], provoking arguments, etc.). Please note that these behavioral indicators may relate to other problems in addition to a concern for reasonable suspicion of alcohol or drug use or abuse. It is also important to note that APS employees must notify their supervisor of problematic and observable behaviors that have caused any concern and may have placed an employee in violation of the Alcohol and Drug-Free Workplace policy and regulations. 2. The supervisor or manager calls upon a designated onsite APS employee to verify his or her observations of reasonable suspicion. 3. The supervisor/manager and onsite designee escort the employee to a safe and supervised APS location at that school or facility (such as a private office or room). The employee should remain under supervision at this location until he or she is transported to another facility. A designated Human Resources (HR) representative (who will come to this work location) will direct the transport of the employee. 4. The supervisor/manager calls one of the designated HR representatives to state their reasons for suspicion of alcohol and/or drugs, and to request that a HR 9

10 representative report to this particular worksite for a behavioral analysis and preliminary assessment. The designated HR representatives who receive telephone calls related to reasonable suspicion of alcohol and/or drugs shall be employees who have been well trained to recognize the signs and behaviors associated with alcohol and drug use and abuse. These employees will undergo extensive training in the area of alcohol and drug education and will be prepared to render a behavioral analysis and preliminary assessment to determine the need for alcohol and drug testing. These HR representatives will serve as case managers when called upon in circumstances related to reasonable suspicion. All APS managers and supervisors will receive a listing of the HR representatives who are qualified to serve in this capacity. 5. The supervisor/manager and the onsite designee will complete and sign a Reasonable Suspicion Documentation Grid (see Appendix B). This grid will be presented to the HR representative when he or she arrives to the worksite. Appendix C presents a sample of a completed Reasonable Suspicion Documentation Grid. 6. The HR representative reports to the worksite as quickly as possible (within a 30 minute time frame) and proceeds to the designated location where the employee under suspicion is being monitored and supervised. 7. The HR representative conducts a behavioral analysis and preliminary assessment. 8. Upon completion of the behavioral analysis and preliminary assessment, if warranted, the HR representative will call for medically authorized transportation to carry the employee to an APS approved facility for alcohol and drug testing. A designated APS representative will escort this employee to the testing facility, and will remain at the facility with the employee. The designated APS representative may leave the testing facility only if an emergency contact (or an established designee) reports to this facility to supervise and assist the employee. The emergency contact (or established designee) will sign a statement indicating that he or she now assumes full responsibility for the employee. If the HR representative determines that another course of action is needed (such as transport to an emergency room or other medical facility), arrangements will be made by this individual to have the employee transported to the most appropriate facility via a medically authorized mode of transportation. An APS designee will escort the employee to this facility as well. 9. The HR representative will call the alcohol and drug testing facility (or other medical facility) to make the referral and to provide any other appropriate data. In either case, the HR representative will request alcohol and drug testing. The representative will indicate the need to receive the results of the alcohol and drug 10

11 testing, which has been specified in the Drug-Free Workplace Regulations. Any additional procedures and necessary waivers will be coordinated by the testing facility per APS contract specifications. Other medical facilities will be asked to coordinate a release of information waiver with the APS employee. Additionally, the HR representative will ask that someone call him or her when testing has been completed for the APS employee. 10. The HR representative will call the employee s listed emergency contact and describe the nature of the situation that is occurring. The HR representative will indicate that the employee has been transported to an alcohol and drug testing facility (or other medical facility) because of reasonable suspicion of alcohol and/or drugs, and will need to be transported home once testing is completed. The HR representative will ask the emergency contact (or an established designee) to come to the testing facility to transport the employee home. If this assistance cannot be provided, the APS will assume the responsibility and costs for having the employee transported home (under supervision) via medically authorized transportation. The HR representative will ask if someone will be available at the home when the employee arrives. If no one is available in the home, the HR representative will ask for and establish instructions regarding next steps to ensure that the employee is transported to a safe physical location where an established adult (per information from the emergency contact) can receive this individual. If a medical facility indicates that other treatment is warranted, then the emergency contact will need to make arrangements for assisting the employee. 11. The HR representative will complete documentation for the behavioral analysis and preliminary assessment, as well as any additional documentation related to contacts with the medically authorized transportation company, the alcohol and drug testing facility, and the emergency contact(s). The employee will have the right to review the information that led to the causes for reasonable suspicion. 12. Once the HR representative receives a call from the testing facility regarding the tests being completed, he or she will call the medically authorized transportation company and have the employee driven home (under supervision by the designated APS representative) if the emergency contact (or an established) is not available. The HR representative will make arrangements for the APS representative (who served as the escort) to be picked up at the employee s household or other designated location. If the emergency contact (or a designee) has gone to the testing facility, this individual will assume responsibility for transporting the employee from this testing location. 13. The HR representative will activate the process to place the employee on appropriate administrative leave status. The employee will remain on leave until final decisions are made regarding continued employment, which may be contingent upon a myriad of factors inclusive of the results of the alcohol and drug testing. 11

12 14. The HR representative will await the results of the alcohol and drug testing and will begin other appropriate actions for investigating this case and for determining the next steps. 15. The HR representative will notify the employee regarding whether or not there will be a hearing or a return-to-work conference. 16. The employee may not return to the worksite until a decision has been rendered regarding next steps for his or her employment with APS. A quick reference checklist has been developed to assist managers and supervisors with these procedural guidelines (see Appendix D). V. SPECIFIC PROCEDURES FOR CLAIMS OF EMPLOYEES INJURED ON THE JOB In cases where an employee is injured on the job, the employee s physical well being is of paramount concern to the APS. The following specific procedures will be adhered to when such cases arise. All employees are expected to adhere to the following procedural guidelines as a condition of their employment with APS, and any violation of this regulation may subject the employee to discipline, up to and including dismissal from employment even for a first offense. 1. When an injury occurs, an APS employee should notify a supervisor or manager (or an established designee) immediately. 2. The supervisor/manager (or established designee) should report immediately to the accident site to observe the nature of the accident and/or injury as well as any other notable behaviors manifested by the employee. 3. The supervisor/manager or designee will call for medical assistance and medically authorized transportation if a life threatening or catastrophic injury occurs, otherwise the employee should report to an authorized treating medical facility for treatment and the required drug/alcohol testing. Employees must report to facility the same day of accident. 4. The supervisor or manager calls upon a designated onsite APS employee (if available) to verify his or her observations regarding the accident or injury. 5. In catastrophic or life threatening cases the supervisor/manager or designee will remain with the employee during the initial onsite medical treatment, during the medically authorized transportation and the treatment site until the employee s established emergency contact arrives to the medical facility. 12

13 6. The employee must consent to the alcohol and drug testing as a part of the medical assessment and evaluation and according to the established Alcohol and Drug-Free Workplace policy and regulations of the Atlanta Public Schools. The employee will provide the appropriate release waiver so that the results of this testing can be communicated to the appropriate authorities of the APS. 7. The supervisor/manager or designee will contact the Risk Management representative to report the accident and injury, providing a description and the nature of the accident as well as any other behavioral observation or extenuating circumstances that may be helpful in establishing the validity of the claim. 8. The supervisor/manager or designee will also provide by fax a First Report of Injury, which provides pertinent details related to the claim. The supervisor will sign this document and a written statement by any additional witnesses may be included if deemed appropriate. This information must be received by the Risk Management Department within 24 hours of the accident. 9. The Risk Management representative will receive the results of the alcohol and drug testing, which has been specified in the Drug-Free Workplace Regulations. Any additional procedures and necessary waivers will be coordinated by the treatment providers and the HR representative. 10. The Risk Management representative will complete all necessary documentation related to this reported injury/accident, as well as any additional documentation related to contacts with the medically authorized transportation company, the medical facility, and the emergency contact(s). The employee will have the right to review this documentation. 11. The Risk Management representative will activate the process to place the employee on appropriate administrative leave status. The employee will remain on leave until final decisions are made regarding continued employment, which may be contingent upon a myriad of factors inclusive of the results of the alcohol and drug testing and the employee s medical condition. 12. The Risk Management representative will await the results of the alcohol and drug testing, the medical status of the employee, and will begin other appropriate actions for investigating this case and for determining the next steps. 13. The Risk Management representative will notify the employee regarding whether or not there will be a hearing or a return-to-work conference. 14. The employee may not return to the worksite until a decision has been rendered regarding next steps for his or her employment with APS. 13

14 VI. ALCOHOL A. Reporting for Duty--All Employees No employee shall report for duty or remain on duty while having detectable amounts of alcohol of 0.02 breath alcohol concentration (BAC) or higher in his or her system. The APS shall authorize testing for alcohol using an evidential breath testing (EBT) device approved by the National Highway Traffic Safety Administration (NHTSA). Any supervisor who has actual knowledge that an employee has violated this regulation and permits the employee to work shall be in violation of this regulation. B. Testing Procedure--All Employees Upon entering the test location, the employee shall be asked to provide positive identification with photograph (for example, a driver's license and an employer identification badge) to the breath alcohol technician (BAT) or other designated and appropriate diagnostic clinician. The employee and the BAT/clinician shall complete the breath testing form distributed at the test site and shall follow all other required testing procedures. Providing incomplete information, engaging in conduct that obstructs the testing process, or failing to sign the required certifications and release waivers may be regarded as a refusal to take the alcohol or drug test and may constitute just cause for dismissal from employment. At the completion of the screening test, the result shall be shown to the employee. If the result of the screening test shows evidence of detectable alcohol concentration, a confirmation test shall be performed within specified time limits. If detectable amounts of alcohol of 0.02 BAC or higher are verified in the confirmation test, the employee is in violation of this regulation. An individual with a verified positive confirmation test may not leave the test site without approval from the attending physician or his or her designee. Employees shall not be permitted to drive themselves from the test site with alcohol in their systems. As previously indicated, the HR representative will call the employee s listed emergency contact and, if necessary, will arrange for medically authorized transportation to carry the employee home or to a determined safe location authorized by the emergency contact. The employee will be escorted home (or to the established location) by an APS designee. If a screening or confirmation test cannot be completed, or an event occurs that would invalidate the test, the BAT/clinician shall conduct a new screening or confirmation test, as applicable. In the event that an employee attempts and fails to provide an adequate amount of breath, the employee shall be required to submit to a blood test. At the conclusion of testing, copies of the breath alcohol testing form shall be retained by the testing location, provided to the employee, and transmitted confidentially to the HR representative. 14

15 VII. CONTROLLED SUBSTANCES A. Reporting for Duty--All Employees No employee shall report for duty or remain on duty after using controlled substances except when the use is authorized as prescribed medicine by the attending licensed physician who has advised the employee that the substance does not adversely affect the employee's work performance. Any supervisor who has actual knowledge that an employee has used an illegal drug and permits the employee to work shall be in violation of this regulation. An employee is considered to have a positive drug test when both the initial screening test and a confirmation test provide evidence of one or more of the following substances in the system: cocaine, marijuana, opiates, amphetamines, and phencyclidine. B. Reporting for Duty--Drivers of Commercial Motor Vehicles In addition to the requirements previously specified, drivers of commercial motor vehicles taking over-the-counter or prescribed medications shall be responsible for knowing the effects of such medication. They shall not drive or perform other duties under the influence of prescription or over-the-counter drugs that could impair their ability to perform their duties safely. Failure to meet this requirement shall constitute a violation of this regulation. C. Testing Procedure-All Employees For controlled substances testing, employees report or are driven to a specified test location where the employee shall be asked to provide positive identification with photograph (i.e., driver's license and employer identification badge). A urine sample shall then be collected and divided into a primary sample and a split sample. If the employee is unable to provide the specified quantity of urine, the employee shall be instructed to drink not more than 40 ounces of fluid and wait for up to three hours to provide another sample. If a complete sample still cannot be provided, the APS medical provider shall evaluate the employee to determine if the inability to provide a specimen is a genuine physiological problem (e.g., urinary system dysfunction) or if this action constitutes a refusal to test. The APS medical provider shall provide the results of the evaluation to the Medical Review Officer (MRO). The MRO shall then report the findings in writing to the designated HR representative. Strict chain of custody procedures shall be followed as the samples are forwarded to the laboratory. If the primary specimen is verified positive, the MRO shall notify the employee, who can request that the split specimen be tested at the employee's expense at a different certified medical laboratory that is pre-approved. The employee must make the request within 72 hours of notification by the MRO. If the result of the test of the split specimen fails to reconfirm the presence of the drugs, or drug metabolite(s) found in the 15

16 primary specimen, the MRO shall cancel the original test results and the cost of the split sample test shall be borne by APS. Upon learning that the MRO is attempting to contact the employee, the employee must respond by calling the MRO within 24 hours of receipt of notification to call, or he or she will be in violation of this regulation. If the employee does not contact the MRO within the 72 hours as required to request split-specimen testing, the employee may present information to the MRO documenting a legitimate explanation for the employee's failure to contact the MRO within the 72 hours. The MRO may or may not honor the employee's request to test the split specimen. The MRO's decision to permit further testing is final. Test results shall be confidential and shall be reported directly to the employee, the designated HR representative, and upon request, to the U.S. Department of Transportation in the case of drivers of commercial motor vehicles. VIII. TESTS REQUIRED Testing shall be conducted by personnel designated by APS. In general, APS shall pay the cost of required drug and alcohol testing, including screening and confirmation tests for alcohol and primary specimen tests for drugs. If the employee fails to provide the specified quantity of urine for the drug test, and the initial evaluation by the APS medical provider indicates the need for further examinations or consultation, the employee shall pay the cost of the additional tests or examination. A. For Drivers of Commercial Motor Vehicles Pursuant to federal law and its own authority, APS shall test drivers under the following circumstances: 1. Pre-employment or Pre-duty Testing Prior to the first time an employee or newly hired employee is placed in a position requiring a CDL, the driver shall be tested for controlled substances and must be found to be in compliance with this regulation. Applicants offered positions requiring CDLs must give written consent to permit APS to contact all previous employers over the past two years to be certain that each applicant's work history is free of substance abuse, alcohol use, positive drug or alcohol test results, and test refusals. Furthermore, applicants offered positions must provide written consent for post-accident testing and release of test results to APS. 16

17 2. Post-accident Testing If an employee driving a commercial motor vehicle is involved in an accident while on duty, alcohol and drug testing shall be required. Every reasonable effort should be made to administer alcohol tests within two hours of the accident. If a test has not been performed within eight hours following the accident, efforts to test shall stop. Controlled substance testing shall stop if not performed within 32 hours following the accident. Supervisors must provide and forward written documentation to the Department of Human Resources in every case if alcohol testing is not performed within the first two hours, or if the alcohol test is not performed within eight hours and drug testing is not performed within 32 hours. Written documentation should include the amount of time elapsed between the accident and testing and the reason for the delay. A driver who is subject to post-accident testing shall remain readily available at the accident scene, and unless this requirement is met, he or she shall be deemed to have refused to submit to testing. The only exception to this requirement applies when the driver leaves temporarily to obtain assistance related to the accident or to obtain necessary medical care. Without supervisor approval, an employee may not ingest food or drink during the period prior to testing. Testing at the scene of an accident conducted by federal, state, or local officials having independent authority to conduct tests for alcohol and/or controlled substances shall meet the requirement for post-accident testing. Employees are required to consent to testing by such officials and to release the results of such tests to APS. 3. Random Testing In certain cases, alcohol and controlled substance tests shall be conducted periodically on an unannounced basis throughout the calendar year. Employees shall be randomly identified and notified to report for testing during the work year. Under this selection process, each CDL driver has an equal chance of being tested each time selections are made. Employees identified to be tested shall report directly and immediately to the test site when notified by their supervisors. Otherwise, refusal to report or delay in reporting immediately and directly to the test site shall be considered a refusal to test and grounds for dismissal. Drivers shall be tested just before, during, or just after performing safetysensitive duties. If a driver is off work due to illness, annual leave, leave of absence, layoff, or injury, or for any other reason for more than 30 calendar days, the pre-duty testing provision of this regulation shall apply prior to returning to driving. For random alcohol testing, the minimum annual percentage rate shall be 25 percent of all the commercial motor vehicle drivers. This percentage may increase or decrease in any given year. 17

18 For random drug testing, the minimum annual percentage rate shall be 50 percent of all the commercial motor vehicle drivers. This rate for controlled substances may change annually as do the alcohol adjustments. 4. Medical Examination (For School Bus Drivers and Certain Trade Employees) Bus drivers must pass the mandated state medical examination and the Atlanta Board of Education's annual medical examination that meets federal Department of Transportation (DOT) standards. Trade employees required to transport hazardous materials must satisfactorily pass a physical examination that meets the DOT and the Georgia Motor Carrier Safety regulations. Both physical examinations require that the examining physician certify that there is no reason to suspect that the employee is using illegal drugs or improperly using alcohol based upon a review of the medical history and examination. Drivers shall receive advance notice from the Department of Human Resources of their scheduled medical examinations with APS contract providers. B. For All Employees APS shall also test all employees in the following situations pursuant to its own authority and, with respect to drivers, the drug and alcohol testing regulations issued by the Department of Transportation (DOT) and the Federal Highway Administration (FHWA): 1. Post-accident Testing Non-CDL drivers (includes anyone operating a Board owned vehicle) involved directly or indirectly in an accident will complete a post-accident alcohol and drug screen. The driver(s) shall be tested for alcohol and controlled substances use within two (2) hours after the accident. If it is not possible to administer the test within two (2) hours, the superintendent (superintendent s designee) shall prepare and maintain on file for inspection a record stating the reasons the test was not promptly administered. Drivers who are subject to post-accident testing shall remain readily available for such testing. Otherwise, the driver is considered to have refused to submit to testing, and employment shall be terminated. Nothing in these regulations shall be construed to require the delay of necessary medical attention for injured people following an accident, or to prevent a driver from leaving the scene of an accident for a period necessary to obtain assistance in responding to the accident. 2. Reasonable Suspicion When reasonable suspicion of a violation of this regulation exists, the employee will be tested for alcohol or drugs. As previously indicated, reasonable suspicion may be based on, but not limited to, the following: specific observation of actual use or possession of alcohol or illegal drugs; physical symptoms of having used those substances such as uncommon speech or specific odors; observation of problematic conduct or erratic 18

19 behaviors; or the receipt of information when the nature of the information suggests that the regulation was violated and that the source was reliable and credible. The specific procedures for cases of reasonable suspicion have been outlined in a previous section. An employee directed to submit to alcohol or drug testing shall be informed of the reason(s) for the test and the fact that refusal to provide the specimen constitutes failure to obey a direct order and is grounds for dismissal. The HR representative, or an established designee, shall document the information communicated to the employee and the evidence that constituted reasonable suspicion within 24 hours of the observed behavior or report of the incident, or before the results of the test are released, whichever is earlier. At the employee's request, a copy of such documentation shall be provided to the employee by the HR representative. All testing at a designated medical facility shall be administered by an official in accordance with established medical standards. For example, drug testing shall be performed using chain of custody procedures along with confirmation testing and other safeguards. The alcohol test shall not be performed more than eight hours after the determination of reasonable suspicion. Whenever an alcohol test is not administered within the first two hours after determination of reasonable suspicion, a record shall be maintained that documents the reason(s) for the delay and the length of the delay. 3. Return-to-Duty and Follow-Up Testing a. Drivers of Commercial Motor Vehicles Drivers of commercial motor vehicles in violation of this regulation shall be dismissed even for the first offense. A former APS driver of a commercial motor vehicle dismissed for this reason who satisfactorily completes a rehabilitation program prescribed, monitored, and certified by a substance abuse professional or the EAP may reapply for employment and receive fair consideration for all positions applied for except those requiring a CDL, pursuant to the APS practice of not rehiring employees who have been terminated for conduct that could endanger the safety or welfare of students. Evaluation criteria used to determine if the employee may be rehired for a non-cdl position shall include but not be limited to: (1) level of previous performance; (2) years of service; (3) previous conduct violations; (3) possession of unique skills, knowledge and training; (4) recommendation of a certified substance abuse professional and/or other appropriate licensed mental health professional, if available; and (5) the safety-sensitive nature of the position. If selected for a non-cdl position, the employee shall satisfactorily pass pre-employment testing and be subject to random unannounced follow-up tests at the expense of the APS during the first 12 months after employment or until the substance abuse professional authorizes discontinuance, whichever is longer. Both alcohol and controlled substance testing may be required by an approved and certified professional if they are a part of the prescribed follow-up program. 19

20 b. Other Employees In the event that APS allows any other employee to return to duty after engaging in conduct that violates this regulation, he or she shall be sent to the EAP and may be required to be evaluated by a substance abuse professional who shall determine the employee's needs in resolving problems associated with alcohol misuse and/or controlled substance use. Evaluation criteria used to determine if the employee may return to duty shall include but not be limited to: severity of offense, nature of the position held by the employee, level of performance, years of service, previous conduct violations, possession of unique skills, knowledge and training, recommendation of a certified substance abuse professional, if available, and the safety-sensitive nature of the position. If a rehabilitation program is prescribed, the employee must satisfactorily complete the program as prescribed at his or her expense prior to returning to duty. If the prescribed program permits the employee to continue working while on treatment, the employee shall be subject to random unannounced tests. In addition, the employee shall be subject to follow-up tests during the first 12 months following the employee's return to duty or until discontinuance is authorized by a certified substance abuse or a licensed mental health professional who specializes in this area, whichever is the longer period of time. Both tests for alcohol and other controlled substances may be required if they are a part of the follow-up plan prescribed by the substance abuse professional. The required random and follow-up tests shall be at the expense of APS. Referral to the substance abuse professional shall be made through the EAP. All random or follow-up testing shall comply with procedures as set forth in this regulation. IX. REMOVAL FROM DUTY Employees shall be removed from duty and placed on administrative leave pending a final decision for disciplinary action. Employees shall be advised of their alleged violations, shall have an opportunity to respond to the charges against them, and shall be notified in writing regarding the status of their employment. The following circumstances, while not necessarily inclusive, require placing the employee on administrative leave pending a final decision on the status of employment: A. Refusal to be tested B. Confirmation of a positive test result B. Evidence of reasonable suspicion (such as behavior, speech, or performance impairments that are defined as problematic or dangerous), or the employee's admission of alcohol and/or drug misuse, even if the employee has not been tested. D. Investigation of alleged violation of this regulation. 20