DRUG/ALCOHOL-FREE AWARENESS PROGRAM

Transcription

1 FALLBROOK PUBLIC UTILITY DISTRICT DRUG/ALCOHOL-FREE AWARENESS PROGRAM Board Approved Effective Date 2/99 Board Approved Revision Date 10/04 6/05 8/06 12/12 c/regsape july 01 1

2 DRUG/ALCOHOL-FREE AWARENESS PROGRAM Fallbrook Public Utility District (FPUD) is committed to providing a safe work environment and to fostering the well-being and health of its employees. That commitment is jeopardized when any FPUD employee uses illegal drugs or alcohol on the job, comes to work with these substances present in his/her body, or possesses, distributes or sells drugs in the workplace. The dangers of drug use and alcohol misuse can be seen in increased workplace accidents, injuries, deaths, absenteeism, crime, customer complaints and loss of productivity, FPUD has established the following policy with regard to alcohol and other drugs to ensure that we can meet our obligations to our employees, ratepayers and the public. In conjunction with this policy, FPUD will distribute information to all employees regarding the dangers drug and alcohol abuse. The goal of this policy is to balance respect for individuals with the need to maintain a safe, productive, and drug-free environment. The intent of this policy is to offer a helping hand to those who need it, while sending a clear message that illegal drug use and alcohol abuse are incompatible with working at FPUD. 1. It is a violation of our policy for any employees to possess, sell, trade, or offer for sale illegal drugs or otherwise engage in the use of illegal drugs or alcohol on the job, during working hours (including breaks), while on District property, while subject to call for duty, or in such circumstances which tend to directly harm the District s interests. 2. It is a violation of our policy for anyone to report to work under the influence of illegal drugs or alcohol--that is, with illegal drugs or alcohol in his/her body. 3. It is a violation of our policy for anyone to use prescription drugs illegally. (It is not a violation of our policy for an employee to use legally prescribed medications, but the employee should notify his/her supervisor if the prescribed medication will affect the employee's ability to perform his/her job.) 4. Violations of this policy are subject to disciplinary action, up to and including, termination. It is the responsibility of supervisors to counsel employees whenever they see changes in performance or behavior that suggest that an employee has an alcohol or other drug problem. Although it is not the supervisor's job to diagnose the employee's problem, the supervisor should encourage the employee to seek help and tell him/her about available resources for getting help. Managers and Supervisors have a copy of the Reasonable Suspicion of Impairment Policy and should follow those guidelines. The Employees' Assistance Program (EAP) is a confidential resource provided by FPUD to all employees at no charge. To reach an EAP counselor, call Because all employees are expected to be concerned about working in a safe environment, they also should encourage their fellow employees who may have an alcohol or other drug problem to seek help. 5. As a condition of employment, I agree to: a. abide by the terms of this program; and b. notify FPUD through my supervisor or Human Resources of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. 6. Upon knowledge of any conviction explained in 5b. above, FPUD must: 2

3 a. notify the government contracting agency office of the reported violation within 10 days; and b. within 30 days, impose disciplinary action, up to and including termination, on the convicted employee and/or require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved by federal, state, or local health, law enforcement or other appropriate agency. I have received, read and understand FPUD's Drug/Alcohol-Free Awareness Program and agree to abide by its terms as a condition of employment. I also understand that if I am designated as a safety-sensitive employee and/or I am required to possess a commercial driver's license, that I am also subject to the Controlled Substance and Alcohol Misuse Policy, DOT (commercial license holders) or Non-DOT (non-commercial license holders) included in Appendix of E of the FPUD Personnel Regulations. Employee Signature Date Employee's Printed Name Witness 3

4 Fallbrook P.U.D. Controlled Substance And Alcohol Misuse Policy and Procedures In Accordance with the U.S. Department of Transportation Federal Motor Carrier Safety Administration Regulations (49 CFR Parts 40 and 382) Effective as of: August 1, 2001 Revised as of: October 29, 2004 January 23, 2006 March 27, 2006 August December 10, 2012 December 9,

5 Table of Contents I. GENERAL A. Policy Statement B. Purpose of Policy 1. Some Effects of Misuse and Abuse C. Applicability 1. Drug and Alcohol Testing Policy for Employees in Accordance with Title 49 CFR Part Employees Affected by These Rules 3. Other Employees Who Are Affected 4. Preemption of State and Local Laws D. Definitions II. PROHIBITIONS A. Prohibited Drug Use 1. Prohibited Drugs 2. Controlled Substance Use 3. Controlled Substance testing 4. Alcohol Concentration 5. Other Alcohol-Related Conduct 6. Legal Drugs B. Prohibited Conduct 1. Manufacturing, Trafficking, Possession, and Use of Controlled Substances 2. Intoxication/Under the Influence 3. Alcohol Concentration/Hours of Compliance 4. Compliance with Testing Requirements 5. Refusal to Submit to an Alcohol or Controlled Substance Test III. TESTING REQUIREMENTS A. Testing for Prohibited Substances 1. Testing for Prohibited Drugs 2. Procedures for Testing 3. Split Specimen Testing 4. Alcohol Testing 5

6 B. Medical Review Officer C. Types of Testing 1. Pre-Employment Testing 2. Reasonable Suspicion Testing 3. Post-Accident Testing for FMCSA Non-Regulated Post-Accident Testing 4. Random Testing 5. Return-to-Duty & Follow-Up Testing IV. CONSEQUENCES FOR SAFETY SENSITIVE EMPLOYEES ENGAGING IN SUBSTANCE USE-RELATED CONDUCT A. Consequences for Positive Test Results B. Removal From Safety Sensitive Function C. Required Evaluation and Testing V. RECORDS, TRAINING, AND EDUCATIONAL MATERIAL A. Location of Records B. Inquiries for Alcohol and Controlled Substances Information From Previous Employers C. Training and Educational Material D. Designated Employer Representative E. Revisions to the Policy and Program VI. TESTING PROCEDURES EXHIBITS A. General Urine Specimen Collection Procedures B. General Breath Alcohol Collection Procedures C. Pre-Employment Testing Procedures D. Reasonable Suspicion Testing Procedures E. Post-Accident Testing Procedures for FMCSA F. Random Testing Procedures G. Return-to-Duty and Follow-Up Testing Procedures A. Signs and Symptoms of Prohibited Drugs B. Drug and Alcohol Testing Vendors C. List of Categories of Drivers CONTROLLED SUBSTANCE AND ALCOHOL MISUSE POLICY AND PROCEDURES 6

7 I. GENERAL A. POLICY STATEMENT Fallbrook P.U.D. is concerned about employees being under the influence of alcohol and/or drugs at work and the use of such substances in the work environment. Moreover, Fallbrook P.U.D. takes the position that any measurable amount of drugs or alcohol in an employee s system while on company time is counterproductive to the goal and mission of this organization. Fallbrook P.U.D. is also concerned about the possession, distribution, purchase or sale of illegal drugs and controlled substances in the workplace. These activities may adversely affect an employee s work performance, efficiency, safety and health, and therefore seriously impair his or her value as an employee. In addition, they constitute a potential risk to the welfare and safety of other employees, and expose the Company to risks of property loss or damage, negative image, or injury to other persons. Fallbrook P.U.D. has established the following policy: 1. Any employee who, while on duty or on Company premises, sells, distributes, manufactures, possesses, offers for sale or distribution any illegal drugs or controlled substances will be subject to immediate disciplinary action up to and including discharge. 2. Any employee who, while on duty or Company premises, uses or consumes alcoholic beverages or illegal drugs or controlled substances will be subject to immediate disciplinary action up to and including termination. 3. Any employee who is under the influence of alcoholic beverages or controlled substances will be subject to immediate disciplinary action up to and including termination. 4. Any employee required to be tested for drugs and/or alcohol under the terms of this policy must comply with all procedures. 5. All covered employees will be subject to pre-employment, reasonable suspicion, postaccident, random, return-to-duty, and follow-up drug and/or alcohol testing. Applicants for safety-sensitive positions will not be hired nor will current employees be assigned to safety-sensitive functions unless they pass a drug test. B. PURPOSE OF POLICY The purpose of this policy is to ensure that employees are fit for duty and to protect our employees and the public from risks posed by the use of alcohol and controlled substances. This policy is also intended to comply with the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration s (FMCSA) regulations. These regulations also prevent performance of any safety-sensitive function when there is a positive, adulterated, or substituted test result. The DOT has also adopted 49 Code of Federal Regulations (CFR) Part 40, which sets standards for the collection and 7

8 testing of urine and breath specimens. This policy incorporates these federal requirements for employees operating a commercial motor vehicle. All policy verbiage in italics is Fallbrook P.U.D. policy and not necessarily a DOT or FMCSA requirement. If any provision of an existing company policy, or rule is inconsistent or in conflict with any provisions of this policy or DOT/FMCSA rules, this policy and the DOT/FMCSA rules shall take precedence; if any provision of this policy is inconsistent or in conflict with the DOT/FMCSA rules, the DOT/FMCSA rules shall take precedence. 1. Some Effects of Misuse and Abuse The cost of substance abuse and alcohol misuse is growing each day in our society, the workplace, the family and with individuals. Most homicides are committed by people who use drugs or alcohol prior to the crime. Many Americans will be involved in an alcohol-related accident during their lifetime. The medical costs of illnesses related to controlled substance misuse and abuse are overwhelming. Each year thousands of people will die due to alcohol-caused liver disease. Several more thousand will die due to alcohol-induced brain disease or suicide. Symptoms of Substance Abuse Problems: Tardiness Overreaction to real or imagined criticism Borrowing money from coworkers Avoidance of associates Lowered job efficiency Difficulty in concentration Absenteeism Excessive sick leaves Higher absentee rate than other employees Alcohol odor on breath Mood swings Subject of complaints from clients or co-workers Stealing small items from co-workers/employers Confusion Accidents on the job Leaving work early Frequent, unscheduled short-term absences (See Exhibit A for Signs and Symptoms of Prohibited Drugs ) Employees also can create liabilities for their employers, such as: Direct and measurable costs, such as the additional health care benefits claimed by substance abusers. Less tangible and difficult-to-measure costs, such as the negative impact on employee morale or the diminished creativity of substance-abusing employees. Potential costs or liabilities, such as the potential costs of a lawsuit filed by an injured party after an accident caused by an impaired employee. Potential damage to company image and reputation due to a substance abusing employee and his/her actions. These costs arise because of the effects of substance abuse in many areas, including: 8

9 1. Employee Health 2. Productivity 3. Decision-Making 4. Security 5. Safety 6. Employee Morale 7. Image of Company Fallbrook P.U.D. has several components to promote a drug-free workplace and comply with DOT and FMCSA regulations. They are the following: 8. A Controlled Substance and Alcohol Misuse policy with procedures; Training for all employees with supervisory responsibilities for Reasonable-suspicion determinations; Intervention and/or confrontation by a trained supervisor When an employee needs help with a substance abuse problem and is not forthcoming, intervention by a trained supervisor can be helpful. A trained supervisor will call the employee into a private area and express his/her concern regarding the employee s behavior. If it is decided that a test is needed, the employee shall be informed that the test is required to eliminate drug abuse as a cause for the behavior. 9. Information of local Employee Assistance Programs (EAP) and/or Substance Abuse Professionals (SAP) (See Exhibit B Fallbrook P.U.D. Drug and Alcohol Testing Vendor list for more information) C. APPLICABILITY 1. Drug and Alcohol Testing Policy for Employees in Accordance with Title 49 CFR Part 382 Fallbrook P.U.D. has determined that it has employees who fall under the jurisdiction of the Department of Transportation. As described in the DOT s Federal Motor Carrier Safety Administration Regulations, Fallbrook P.U.D. is an employer of safety-sensitive transportation employees with commercial driver s licenses defined by Title 49 CFR Part 382. Additionally, the State of California has adopted these same federal regulations and codified them into the State s Vehicle Code. 2. Employees Affected by These Rules 9

10 Employees who hold a commercial drivers license (CDL) and: (a) Drive vehicles with a GVWR of 26,001 or more pounds, or (b) Drive any size vehicle carrying placarded hazardous materials; or (c) Drive vehicles designed to transport 16 or more passengers including the safety-sensitive employee, or (d) Drive vehicles with a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds. Employees in categories (a) or (b) or (c) are deemed to be performing safety-sensitive duties and subject to testing that fulfills the requirements of the Code of Federal Regulations, Title 49, Part 382. Testing procedures will be conducted while the safetysensitive employee is on duty and facilities used for tests shall conform to the requirements of the Code of Federal Regulations, Title 49 CFR Part 40. On-duty time includes all safety-sensitive duties performed from the time a safetysensitive employee begins work or is required to be ready to work until he/she is relieved from work and all responsibility for performing work (see definition in section D of this policy). (See Exhibit C for list of safety-sensitive positions and/or categories that are subject to this policy.) 3. Other Employees Who Are Affected; Sub Haulers/ Contractors Sub-Haulers, Independent Owner-Operators, and Sub-Contracted employees performing safety-sensitive duties as defined by the FMCSA, on behalf of Fallbrook P.U.D. are also subject to drug and alcohol testing in accordance with Part 40 and 382 of the U.S. Department of Transportation (DOT). Each contractor will provide documentation of compliance. 4. Preemption of State and local laws This part preempts any State or local law, rule, regulation, or order to the extent that: 1. Compliance with either State or local requirement in this part is not possible; or 2. Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in this part. This part shall not be construed to preempt provisions of State criminal law that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees, employers, or the general public. 10

11 D. DEFINITIONS Accident: an incident involving a commercial motor vehicle in which there is a fatality, or a citation was issued and either an injury is treated away from the scene, or a vehicle is required to be towed from the scene. Actual knowledge: means actual knowledge by an employer that a driver has used alcohol or controlled substances based on the employer s direct observation of the employee, information provided by the driver s previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee s admission of alcohol or controlled substance use, except as provided in Sec Direct observation as used in this definition means observation of alcohol or controlled substances use and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under Sec Alcohol: means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl or isopropyl alcohol. (The concentration of alcohol is expressed in terms of grams of alcohol per 210 liters of breath as measured by an evidential breath-testing device.) Alcohol Use: the drinking or swallowing of any beverage, liquid mixture or preparation (including any medication), containing alcohol. Adulterated Specimen: a specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine. Breath Alcohol Technician (BAT): a person who instructs and assists employees in the alcohol testing process and operates an evidential breath-testing device (EBT). Chain of Custody: the procedures used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the Federal Drug Testing Custody and Control Form (CCF). The CCF also ensures the integrity of each urine specimen by tracking its handling and storage from the point of specimen collection to its final disposition. Collection Site: a place where individuals present themselves for the purpose of providing breath or body fluid to be analyzed for specific controlled substances. The site possesses all necessary personnel, materials, equipment, facilities and supervision to provide for the collection, security, temporary storage, and transportation or shipment of the specimens to a laboratory. Commercial Motor Vehicle: a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle; 11

12 a) Has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or b) Has a gross vehicle weight rating of 26,001 or more pounds; or c) Is designed to transport 16 or more passengers, including the driver; or d) Is of any size and is used in the transportation of hazardous materials requiring placards. Confirmation Test: for alcohol testing means a subsequent test using an EBT, following a screening test with a result of 0.02 grams or greater of alcohol per 210 liters of breath, that provides quantitative data about the alcohol concentration. For controlled substances testing means a second analytical procedure performed on a urine specimen to identify and quantify a specific drug or drug metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. Contract Company: an individual, company or organization with whom Fallbrook P.U.D. has a written or verbal contract for services, and who s employees are required to be subjected to controlled substance and alcohol testing. Contracted employees are required to be tested for controlled substances and alcohol under this policy or a policy which meets the requirements of the Federal Motor Carrier Safety Administration (FMCSA), subject to approval by Fallbrook P.U.D. Controlled Substance: in accordance with FMCSA regulations, urinalysis will be conducted to detect the presence of the following substances: Amphetamines/Methamphetamine Marijuana Cocaine Opiates Phencyclidine (PCP) Designated Employer Representative (DER): is an individual identified by the employer as able to receive communications and test results from service agents and who is authorized to take immediate actions to remove employees from safety-sensitive duties and to make required decisions in the testing and evaluation processes. The individual must be an employee of the company. Service agents cannot serve as DERs. Dilute Specimen: a specimen with creatinine and specific gravity values that are lower than expected for human urine. Disabling Damage: means damage that precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. 12

13 1. Inclusions. Damage to motor vehicles that could have been driven, but would have been further damaged if so driven. 2. Exclusions. (i) Damage that can be remedied temporarily at the scene of the accident without special tools or parts. (ii) Tire disablement without other damage even if no spare tire is available. (iii) Headlight or taillight damage. (iv) Damage to turn signals, horn, or windshield wipers that make them inoperative. Driver: a driver means any person who operates a commercial motor vehicle. This includes, but is not limited to: full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors. For the purpose of pre-employment testing, the term driver includes a person applying to drive a commercial motor vehicle. Drug & Alcohol Policy: policy set up by Fallbrook P.U.D. to provide the necessary elements to promote a drug free working environment. Hereinafter referred to as Policy. Employer: means a person or entity employing one or more employees (including an individual who is self-employed) that is subject to DOT agency regulations requiring compliance with this part. Employer also means the entity responsible for overall implementation of DOT drug and alcohol program requirements, including individuals employed by the entity who take personnel actions resulting from violations of this part and any applicable DOT agency regulations. Service agents are not employers. Evidential Breath Testing Device (EBT): a device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA s Conforming Products List of Evidential Breath Measurement Devices (CPL). Medical Review Officer (MRO): a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer s drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual s confirmed positive test result together with his or her medical history and any other relevant biomedical information. On Duty Time: all time from the time a driver begins to work or is required to be available. On Duty Time shall include: a) All time at a Carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by employer, b) All time spent inspecting, servicing, or conditioning any commercial motor vehicle or any equipment at any time, c) All driving time, d) All time spent, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth, 13

14 e) All time spent loading or unloading a 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, f) All time spent performing the driver requirements relating to accidents, g) All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. Performing (a safety-sensitive function): any period in which the driver is actually performing, ready to perform, or immediately able to perform any safety-sensitive functions. Reasonable Suspicion: means that Fallbrook P.U.D. believes the actions or appearance or conduct of a driver who is on duty as defined above, are indicative of the use of a controlled substance or alcohol. Refusal to Submit (to an alcohol or controlled substances test) means that a driver: refuses to submit to, appear, remain/arrive at the testing site or to take any test required by DOT regulations, the MRO or their employer (DER). ALSO See section II (B) (5) Any employee who has been determined to have refused to test will face the same consequences as testing positive and will be immediately removed from performing safety-sensitive functions until all return-to-duty requirements are met. Safety-Sensitive Function: means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include: 1. All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer. 2. All time inspecting equipment as required by the FMCSA s subchapters and 392.8, or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time. 3. All time spent at the driving controls of a commercial motor vehicle in operation. 4. All time, other than driving time, in or upon any commercial motor vehicle (except for time spent resting in the sleeper berth.) 5. All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded and unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded. 6. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. 14

15 Screening Test (aka initial test): in alcohol-testing it means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing it means an immunoassay screen to eliminate negative urine specimens from further consideration. Service Agent: any person or entity, other than an employee of the employer, who provides services specified under this part to employers and/ or employees in connection with DOT drug and alcohol testing requirements. This includes, but is not limited to, collectors, BATs, laboratories, MROs, substance abuse professionals, and TPAs. To act as service agents, persons and organizations must meet the qualifications set forth in applicable sections of this part. Service agents are not employers for purposes of this part. Substance Abuse Professional (SAP): a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders. Substituted Specimen: a specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine. Third Party Administrator (TPA): a service agent that provides or coordinates the provision of a variety of drug and alcohol testing services to employers. TPAs typically perform administrative tasks concerning the operation of the employers drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join to administer, as a single entity, the DOT drug and alcohol testing programs of its members. TPAs are not employers for purposes of this part. Monitored or Observed Collection Definitions & Overviews A Monitored collection: is a collection performed in a multi-stall restroom, where the stalls have at least a partial-length door and all other applicable requirements a collection site must follow. Using a multi-stall restroom is the only circumstance in which a monitored collection can be performed. A collection performed under Direct Observation: is a collection where an observer of the same gender (does not have to be the collector) MUST have the donor raise ALL of his/her clothing that lifts up, just above the navel; lower ALL clothing that lowers including underwear, to mid-thigh; then turn around to show the same gender observer they do not possess or wear a prosthetic device or other device that could be used to interfere with the collection process. If no device is detected, the employee is permitted to return clothing to its proper observed-collection position. Then the observed collection will take place, where the observer actually must watch the urine leave the donor s body. APPLICABLE ABBREVIATIONS 15

16 BAT: DHHS: DOT: DER: EBT: FMCSA: MRO: SAP: SAMHSA: Breath Alcohol Technician Department of Health and Human Services Department of Transportation Designated Employer Representative Evidential Breath Testing Federal Motor Carrier Safety Administration Medical Review Officer Substance Abuse Professional Substance Abuse and Mental Health Services Administration II. PROHIBITIONS A. PROHIBITED DRUG USE 1. Prohibited Drugs FMCSA regulations specifically prohibit the use of the following illegal substances and require testing for their presence under certain circumstances: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine. Safety-sensitive employees may be tested at any time while on duty or on Fallbrook P.U.D. s property. (See Exhibit A for Signs and Symptoms of Prohibited Drugs ) 2. Controlled Substances Use No driver shall report for duty or remain on duty requiring the performance of safetysensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner, who has advised the driver that the substance will not adversely affect the driver s ability to safely operate a commercial motor vehicle. No employer having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform a safety-sensitive function. Fallbrook P.U.D. may require a driver to inform the employer of any therapeutic drug use. 3. Controlled Substances Testing 16

17 No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive or has adulterated or substituted a test specimen for controlled substances. No employer having actual knowledge that a driver has tested positive or has adulterated or substituted a test specimen for controlled substances shall permit the driver to perform or continue to perform safety-sensitive functions. 4. Alcohol Concentration The consumption of beverages containing alcohol or substances including any medication such that alcohol is present in the body while performing safety-sensitive duties, is prohibited. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions. 5. Other Alcohol-Related Conduct Any employee tested under this policy who is found to have a breath alcohol concentration (BAC) of 0.02 BAC or greater but less than 0.04 BAC shall not perform or continue to perform safety-sensitive functions for Fallbrook P.U.D., including driving a commercial motor vehicle, nor shall Fallbrook P.U.D. permit the employee to perform or continue to perform safety-sensitive functions, until the start of the employee s next regularly scheduled duty period, but not less than 24 hours following administration of the test. Except as provided in the above section, Fallbrook P.U.D. shall not take any action under this part against an employee based solely on test results showing an alcohol concentration less than This does not prohibit Fallbrook P.U.D. with authority independent of this part from taking any action otherwise consistent with law. 6. Legal Drugs The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected should be reported to supervisory personnel. Medical advice should be sought, as appropriate, before performing safety-sensitive duties. A legally prescribed drug means that an individual has a current prescription or other written approval from a physician for the use of a drug in the course of medical treatment. The prescription or approval must include the patient s name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse of legal drugs while performing safety-sensitive duties is prohibited. 17

18 Any prescription drug use should be reported to the supervisor and/or medical department. B. PROHIBITED CONDUCT 1. Manufacture, Trafficking, Possession, and Use of Controlled Substances The manufacture, distribution, dispensing, possession, or use of controlled substances in the workplace is prohibited. A controlled substance is any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812), and as further defined by 21 CFR Any employee in violation of this act will be subjected to disciplinary action, up to and including termination. Law enforcement shall be notified, as appropriate, where criminal activity is suspected. 2. Intoxication/Under the Influence Any safety-sensitive employee who is reasonably suspected of being intoxicated or under the influence of a prohibited drug shall be relieved from his or her safety-sensitive job duties pending an investigation and verification of condition. Any employee who fails a drug or alcohol test will be subject to disciplinary action up to and including termination. 3. Alcohol Concentration/Hours of Compliance No safety-sensitive employee should report for duty or remain on duty when his or her ability to drive is adversely affected by alcohol or when his or her blood alcohol concentration is 0.02 or greater. No safety-sensitive employee shall use alcohol while on duty or while performing safety-sensitive functions. No employee shall have used alcohol within four (4) hours of reporting for duty. After an accident, safety-sensitive employees shall refrain from alcohol use for eight (8) hours or until an alcohol test has been administered. 4. Compliance with Testing Requirements Any safety-sensitive employee who refuses to comply with a request for testing, who fails to remain readily available for post-accident testing, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution shall be removed from duty immediately. A refusal can include the inability to provide a specimen or breath sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test. 5. Refusal to Submit to an Alcohol or Controlled Substance Test A refusal to test means that a safety-sensitive employee: 18

19 A. Engages in any conduct that clearly obstructs or does not allow for the successful completion of the testing process, including refusal to sign the Custody and Control form (CCF) or breath alcohol form, not being readily available following an accident, using alcohol within eight hours of an accident, or adulterating or substituting a sample. B. Fails to provide adequate breath for alcohol testing as required by the DOT regulations without a valid medical explanation (as determined by a medical evaluation). C. Fails to provide a urine specimen for any required DOT drug test. Fails to provide an adequate urine sample for controlled substances testing as required by the DOT regulations without a genuine inability to provide a specimen as determined by a medical evaluation. D. Fails to show up for any test within a reasonable time after being directed to do so, or to remain at the testing site until the testing process is complete. E. Fails to permit the observation or monitoring of the provision of a specimen, in cases of a directly observed or monitored collection in a drug test, or fail to follow the observer s instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any prosthetic or other device that could be used to interfere with the collection process. F. Fails or declines to take a second test the employer has directed. (e.g., following a negative dilute result.) G. Fails to undergo medical evaluation, as directed by the MRO as part of the verification process, or as directed by the DER concerning the evaluation as part of the shy bladder / shy lung procedures. H. Fails to cooperate (refuse to empty pockets, behave in a confrontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector, fail to remove and leave outer clothing, purse, briefcase, or other personal belongings with collector). I. Possesses or wears a prosthetic device or other device that could be used to interfere with the collection process. J. Admits to the collector or MRO that you adulterated or substituted the specimen, or if the MRO reports that you have a verified adulterated or substituted test result. K. Fails (refuses) to sign the certification at step 2 of the ATF (Alcohol Testing Form). Any employee who has been determined to have refused to test will face the same consequences as testing positive and will be immediately removed from performing safety-sensitive functions until all return-to-duty requirements are met. Any time an employee Refuses to Test, proper documentation shall be kept for future reference and in the case of a DOT/CHP audit. 19

20 Fallbrook P.U.D. will document all refusal to test situations. III. TESTING REQUIREMENTS A. TESTING FOR PROHIBITED SUBSTANCES 1. Testing for Prohibited Drugs Drug tests will be analyzed from a urine specimen. Each urine sample will be collected into a primary and a split sample. The urine samples will be sent under seal, with required custody and control forms, to a laboratory approved by SAMHSA. At the laboratory, specimens are placed in secure storage. An initial drug screen will be conducted on each primary specimen. For those specimens that are not negative, a confirmatory Gas Chromatography /Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40. Under these testing rules, the laboratory must conduct validity tests on each specimen it receives. This allows the lab to evaluate the specimen to determine if it is consistent with normal human urine. The laboratory is then able to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted. If the result of the primary specimen is positive, the split sample as well as the primary sample will be retained in frozen storage for at least 1 year from the date the laboratory receives it. 2. Procedures for Testing Testing shall be conducted in a manner to ensure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities, which have been approved, by the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Department of Health and Human Services (DHHS). Testing for prohibited drugs and alcohol on safety-sensitive employees shall be conducted in accordance with the procedures set forth in 49 CFR Part 40. Federal urine and breath forms will be used. (See Section VI., A.., for General Urine Drug Collection Procedures ) 3. Split Specimen Testing Any safety-sensitive employee who questions the results of his/her required drug test under this section of this policy may, within 72 hours of having been notified of a verified positive test by the MRO, request that an additional test be conducted on the split sample (bottle B) of the original specimen that was voided. This test must be conducted at a different DHHS certified laboratory. Each urine sample is to be a minimum of 45ml. The sample is to be split at the time of collection into 30 ml. for the primary test (bottle A) and 15ml. for the split (bottle B). The test must be conducted on the split sample that was provided at the same time as the original sample. Requests after 72 hours will only be accepted if the delay was due to documentable facts that were beyond the control of the employee. If the second portion of the sample also tests positive, then the driver is subject 20

21 to the sanctions contained in the regulations. If the second portion produces a negative result, or for any reason the second portion is not available, the test is considered cancelled and no sanctions are imposed. However, a re-collection under direct observation may be ordered by the MRO. If an employee requests a split sample to be tested, the employee will be responsible for all payments associated with the test of the split specimen, providing that the split test is not cancelled or comes back as a negative, in which case Fallbrook P.U.D. will reimburse payment for such test. 4. Alcohol Testing Alcohol tests will be performed by a certified breath alcohol technician (BAT) in accordance with the procedures established by the DOT s 49 CFR Part 40 Procedures for Transportation Workplace Drug and Alcohol Testing Programs. The BAT will use an evidential breath-testing device (EBT) approved by the National Highway Traffic Safety Administration (NHTSA) in the administration of the breath alcohol test. In order to maintain quality assurance, EBTs must be externally calibrated in accordance with plans developed by the manufacturer of the device. If the initial test on an employee indicates an alcohol concentration of 0.02 or greater, a second test will be performed no sooner than 15 minutes but no later than 30 minutes from the first attempt to confirm the results of the initial test. If 30 minutes has passed, the confirmation test will still be performed the situation will be noted on the ATF. This does not affect the result of the test. (The D.O.T. has approved Saliva Testing for Alcohol screen tests but not for confirmation testing. If a Saliva Test is used for the screen test and the reading is over.002, the collector/technician will perform a confirmation using an EBT.) (See Section VI.,B. for General Breath Alcohol Testing Procedures ) Fallbrook P.U.D. will designate a representative who will receive and handle the alcohol and drug testing results. All results will be handled in a confidential manner. B. MEDICAL REVIEW OFFICER (See Section V.D. for DER Information) All drug test results shall be interpreted and evaluated by a qualified MRO, who shall meet the requirements set forth in 49 CFR Part The MRO does not review alcohol test results. When a urine specimen is confirmed positive and reported from the testing laboratory to the MRO, it is the MRO s responsibility to: (a) review the individual s medical history, including any medical records and biomedical information provided; (b) contact the employee and afford the employee an opportunity to discuss the test results with him/her; (c) determine whether there is a legitimate medical explanation for the result, including legally prescribed medication. The MRO shall not convey test results until the MRO has made a definite decision that the test result was positive or negative. The MRO may request the laboratory to analyze the original sample again in order to verify the accuracy of the test result. When the MRO reports the result of the verified positive test, the MRO may disclose the drug (s) for which 21

22 there was a positive test. The MRO may only reveal the levels of a positive drug test result to the employer, the employee, or the decision maker in lawsuit, grievance or other proceeding initiated by the employee and arising from a verified positive result. If the MRO declares a drug test to be invalid for any reason, the test is considered canceled, and neither positive nor negative. However, a re-collection under direct observation may be ordered by the MRO. C. TYPES OF TESTS REQUIRED 49 CFR Part 382 requires the following types of testing for prohibited substances for safety-sensitive employees: Pre-employment (pre-promotion/transfer), reasonablesuspicion, post-accident, random, return-to-duty, and follow-up testing. 1. Pre-Employment Testing A pre-employment drug test shall be conducted before the first time a safety-sensitive employee performs any safety-sensitive function for Fallbrook P.U.D.. This includes new employees and current employees transferring into driving positions that include the performance of safety-sensitive duties. A negative drug test result shall be required prior to the performance of safety sensitive duties. In the event an applicant tests positive, Fallbrook P.U.D. will not hire or rehire the applicant at that point in time. This does not preclude Fallbrook P.U.D. from hiring the applicant at a later date, provided the applicant can show proof that he/she has satisfactorily completed (at his/her expense) a rehabilitation program approved by Fallbrook P.U.D. s guidelines or an established program approved by the MRO or SAP that meets DOT requirements set forth in 49 CFR Part 40 Subpart O. In this case, prior to being hired, applicant will submit to another controlled substance test. 2. Reasonable Suspicion Testing All safety-sensitive employees shall be subject to reasonable suspicion testing, to include appropriate urine and/or breath testing when there are reasons to believe that drug or alcohol use is adversely affecting job performance or the safety-sensitive employee has violated the Company s alcohol or drug prohibitions. A reasonable suspicion referral for testing will be made based on documented objective facts and circumstances that are consistent with chronic and short-term effects of controlled substances. Reasonable suspicion tests for the presence of alcohol shall only be made during, just proceeding, or just after period of the workday that the driver is required to be in compliance with 49 CFR Parts 40 & 382. An employee may be directed to undergo a reasonable suspicion test while the employee is performing safety-sensitive functions, just before, or just after the employee has ceased performing safety-sensitive functions. For example, if a driver is having work performance problems or displaying behavior that may be alcohol or drug-related, or is otherwise demonstrating conduct that may be in violation of this policy where immediate management action is necessary, a supervisor will require the individual to submit to a breath and urinalysis test. A written record shall 22

23 be made of the observations leading to a controlled substance or alcohol test within twenty-four (24) hours of the observed behavior or before the results of the test are released, whichever is earliest. Fallbrook P.U.D. will document accordingly all reasonable suspicion testing. Persons designated to determine whether reasonable suspicion exists will receive at least two hours of training to detect and document the physical, behavioral, speech, and performance indicators of alcohol misuse and controlled substance use. (49 CFR , 603). This will include at least 60 minutes of training on alcohol misuse and also at least an additional 60 minutes of training on controlled substances use. 3. Post-Accident Testing for FMCSA A Post-Accident Test will be required under the following circumstances per Federal Motor Carrier Safety Regulations 49 CFR Part : (a) As soon as practicable following an accident involving a commercial motor vehicle, a test for alcohol and controlled substances will be administered on each surviving safety-sensitive employee: 1. Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or 2. Who receives a citation under State or local law for a moving traffic violation arising from the accident, if the accident involved: i. Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or ii. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. (b) A safety-sensitive employee must be tested for controlled substances use within 32 hours after the accident and for alcohol use within 8 hours after the accident has occurred. (c) A safety-sensitive employee who leaves the scene of an accident before being tested or who is not available for testing is considered to have refused to take a test; but the safety-sensitive employee may leave the scene to get help or emergency medical care. In the event of an accident, the safety-sensitive employee must contact the company as soon as possible to find out where to go to be tested. If an alcohol test is not administered within two hours or if a drug test is not administered within 32 hours, the Company shall prepare and maintain records explaining why the test was not conducted. Tests may not be given if not administered within 8 hours after an accident for alcohol or within 32 hours for drugs. If a law enforcement officer does not issue a citation within the specified time frame (8 hours for alcohol testing and 32 hours for controlled substance testing) Fallbrook P.U.D. will cease all attempts to conduct post-accident testing under the FMCSA requirements. 23

24 Fallbrook P.U.D. will document accordingly all accidents involving safety-sensitive employee(s). Alcohol tests conducted by authorized federal, state, or local officials will fulfill postaccident testing requirements provided they conform to applicable legal requirements and are obtained by the Company. Breath tests will validate only the alcohol test and cannot be used to fulfill controlled substance testing obligations. (49 CFR ) Non-Regulated Post-Accident Testing If an employee is in an accident that does not meet the FMCSA s criteria for a DOT postaccident test, Fallbrook P.U.D. may require the employee to take a non-regulated post-accident test under Fallbrook P.U.D. s independent authority. Please view Fallbrook P.U.D. s Non-DOT policy for guidance concerning non-regulated postaccident testing. 4. Random Testing Tests shall be conducted on a random basis at unannounced times throughout the year. Tests for alcohol shall be conducted just before, during, or just after the performance of safety-sensitive duties. The number of random alcohol tests annually must equal a minimum of 10% of the average number of safety-sensitive employee positions. The number of random drug tests annually must equal at a minimum of 50% of the average number of safety-sensitive employee positions. These testing percentages may be changed by the Federal Motor Carrier Safety Administration in the future. Safetysensitive employees shall be selected by a scientifically valid random process, matched with social security numbers or other unique identification numbers, and each safetysensitive employee shall have an equal chance of being tested each time selections are made. (49 CFR ) The selected employee shall be notified and must proceed immediately to the testing site. If the selected safety-sensitive employee is off duty, on vacation or out on a medical leave of absence, the random selection can be maintained in confidence until the employee s return. 5. Return-to-Duty & Follow-Up Testing Any safety-sensitive employee who fails a drug test or tested at a 0.04 BAC or above on an alcohol test must pass a return-to-duty test(s). He/she also must be successfully enrolled in an approved rehabilitation program that a qualified Substance Abuse Professional (SAP) has recommended. Once the employee completes the recommended treatment, he/she will receive a final evaluation from the SAP. In order to be allowed to return to work in his/her safety-sensitive position, the safetysensitive employee must test negative on any return-to-duty drug test performed under Direct Observation and/or less than 0.02 BAC on the alcohol test. The safety-sensitive employee must enroll in the rehabilitation and provide a negative test result within 30 days of suspension from work for the positive test result. (Is this a company policy? It is NOT a DOT requirement). The safety-sensitive employee will then be subject to 24

25 unannounced drug and/or alcohol follow-up tests performed under Direct Observation for up to 60 months after returning to work as determined by the SAP, with a minimum of at least six tests during the first 12 months. All expenses related to the cost of treatment or rehabilitation is the responsibility of the safety-sensitive employee, unless the employee has insurance that will cover the prescribed rehabilitation. IV. CONSEQUENCES FOR SAFETY-SENSITIVE EMPLOYEES ENGAGING IN SUBSTANCE USE-RELATED CONDUCT A. CONSEQUENCES OF POSITIVE TEST RESULTS If an employee fails a controlled substance test by a positive test result, refuses to test, or adulterates/substitutes a test, the employee will be immediately relieved of his/her safetysensitive duties, and Fallbrook P.U.D. will proceed with disciplinary actions that may include termination or refuse to hire such individual. The employee will be offered a Last Chance Agreement and suspended from duty until the following two requirements are completed: 1) proof of enrollment in an approved rehabilitation program, and 2) a negative return-to-duty test result is received (at employee s expense). The employee shall have a maximum of 30 days to complete those two requirements. If the employee does not agree to a Last Chance Agreement at the time of the verifiable positive test result, the employee will be given notice of termination (subject to notice and hearing). If the employee agrees to the Last Chance Agreement at the time of the positive test result but has not, within 30 days from the date of suspension, proven enrollment in an approved rehabilitation program and not provided a negative return-to-duty test result the employee s resignation (a provision of the Last Chance Agreement) will be accepted and the employee terminated. Detection levels requiring a determination of a positive result shall be in accordance with the current guidelines specified in 49 CFR Part 40. The employee must show successful completion of an approved rehabilitation program within the time frame directed by the SAP. (If not, the employee s resignation will be accepted upon notice that the employee is no longer participating in the prescribed program). A safety-sensitive employee, who violates Fallbrook P.U.D. prohibitions related to drugs and alcohol, shall receive from Fallbrook P.U.D., the name(s), address(s), and telephone number(s) of substance abuse professional(s) and counseling and treatment programs available to evaluate and resolve drug and alcohol-related problems. B. REMOVAL FROM SAFETY-SENSITIVE FUNCTION 25

26 No driver shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by the FMCSA rules and this policy. Fallbrook P.U.D. shall not permit any employee to perform safety-sensitive functions, including driving a commercial motor vehicle, if Fallbrook P.U.D. has determined that the employee has violated any of the prohibitions stated in this policy. C. REQUIRED EVALUATION AND TESTING Any employee who has engaged in conduct prohibited by the FMCSA and this policy will not perform safety-sensitive functions, including driving a commercial motor vehicle, unless the employee has met all the requirements of section (IV., A.) of this policy. Fallbrook P.U.D. shall not permit an employee who has engaged in conduct prohibited by this policy to perform safety-sensitive functions, including driving a commercial motor vehicle, unless the employee has met all the requirements of section (IV., A.) of this policy. V. RECORDS, TRAINING, AND EDUCATIONAL MATERIAL A. LOCATION OF RECORDS All required records shall be maintained in a secure location with limited access. Records shall be made available for inspection at the employer s principal place of business within two business days after a request has been made by an authorized representative of the DOT and/or FMCSA. B. INQUIRIES FOR ALCOHOL AND CONTROLLED SUBSTANCES INFORMATION FROM PREVIOUS EMPLOYERS Fallbrook P.U.D. must obtain from any previous employer within the past three years of an employee s hire date, provided the employee has given his/her written consent, any information concerning the driver s participation in a controlled substance and alcohol testing program. An employer must obtain and review the information listed below from any employer the employee performed safety-sensitive functions for in the previous three years. The information must be obtained and reviewed prior to the first time an employee performs safety-sensitive functions. If not feasible, the information should be obtained no later than thirty (30) days after the first time an employee performs safety-sensitive functions. The information obtained must include: 1. Information of the employee s alcohol test in which a breath alcohol concentration of 0.04 or greater was indicated. 26

27 2. Information of the employee s controlled substance test in which a positive result was indicated. 3. Any refusal to submit to a required alcohol or controlled substance test. (including verified adulterated or substituted drug test results) 4. Other violations of DOT agency drug and alcohol testing regulations 5. If the employee has violated any of the DOT drug and alcohol regulations, you must also obtain documentation of the employee s successful completion of the DOT return-to-duty requirements (including follow-up tests). 6. The information obtained from a previous employer includes any drug or alcohol test information obtained from previous employers under this section or other applicable DOT agency regulations. If the employee stops performing safety-sensitive functions for the employer before expiration of the 30-day period or before the employer has obtained the information listed above, the employer must still obtain the information. For example, if an employee quits after one week of employment and the information has not been obtained, the employer must still obtain the information. The prospective employer must provide to each of the employee s previous employers of the past three years a written authorization from the employee for release of the required information. The release of this information may take the form of personal interviews, telephone interviews, letters, or any other method that ensures confidentiality. Each employer must maintain a written, confidential record with respect to each past employer contacted. The employer may not use an employee to perform safety-sensitive functions if the employer obtains information indicating the employee has tested positive for controlled substances, tested at or above 0.04 breath alcohol concentration, or refused to test unless the employer has evidence the employee has been evaluated by a substance abuse professional, completed any required counseling, passed a return-to-duty test, and is or has been subject to follow-up testing. C. TRAINING AND EDUCATIONAL MATERIAL Each safety-sensitive employee shall receive educational materials that explain the effects of alcohol and controlled substances use on an individual s health, work and personal life. The Company also has a Designated Employer Representative (DER) who will be responsible for this program. Questions and/or concerns regarding this policy should be directed to the DER. A copy of the Code of Federal Regulations, Title 49, Part(s) 40 and 382, will be available from the DER. For those supervisors participating in reasonable suspicion testing, there will be at least two hours of training to explain the criteria for reasonable suspicion testing, including at least one hour on the physical, behavioral and performance indicators of probable drug use and another hour on the physical behavioral, speech and performance indicators of probable alcohol misuse. D. DESIGNATED EMPLOYER REPRESENTATIVE 27

28 Any questions regarding this policy or any other aspect of Fallbrook P.U.D. s Drug and Alcohol Testing Program should be directed to the office of the following Designated Employer Representative (DER). Name: Address: Casey Walters Larry Ragsdale 990 East Mission Fallbrook, CA Telephone Number: A list of the vendors that Fallbrook P.U.D. is currently using for the purposes of drug and alcohol testing may be viewed by contacting your DER. E. REVISIONS TO THE POLICY AND PROGRAM This policy and program is subject to revision. VI. TESTING PROCEDURES A. GENERAL URINE SPECIMEN COLLECTION PROCEDURES A collector is a trained person who instructs and assists employees at a collection site, who receives and makes an initial inspection of the urine specimen provided by those employees, and who initiates and completes the Federal Drug Testing Custody and Control Form (CCF). The collector ensures the integrity of the specimen and collection process, and has to be sensitive to the employee s privacy. The following are the basic steps and guidelines used in a DOT urine drug screen collection: 1. A restroom or stall with a toilet is provided for the employee to have privacy while providing the urine specimen. A source of water for washing hands, or moist towelettes must be provided. 2. Unauthorized persons are not allowed at the testing site during the collection. 3. The collector will prepare the site, taping off water supplies, removing soap and cleaning agents, and will blue the toilet water. 4. The employee must provide appropriate identification (photo ID, or ID by a company representative) to the collector. The employee can request identification of the collector (Must include only the collector s name and the employer s name). The collector fills in the Custody and Control Form. 5. The employee will remove any outer garments, leave handbags, etc. with the collector and empty their pockets. The employee is to wash hands prior to urination. (Refusal to do either of these two items is considered a refusal to test and will have the same consequences as a positive test result). 28

29 6. The collector allows the employee to select the collection kit, and unwraps or breaks the seal on the container in the presence of the employee. 7. The collector instructs the employee to provide a specimen of at least 45 ml, not to flush the toilet, and to bring the specimen out to the collector. 8. The collector is to pay close attention to the employee during the entire process to note any conduct that clearly indicates an attempt to substitute or adulterate a specimen. The collector ensures the temperature of the specimen falls within the prescribed range, checks the volume, and inspects the specimen for any unusual objects, color or smell. 9. After the employee hands the collection container to the collector, the collector unwraps or opens the specimen bottles. The collector pours at least 30 ml of urine from the collection container into one specimen bottle (A), and 15 ml into the other specimen bottle (B). The bottles are closed and the correct seals are placed over each cover. The collector writes the date on each seal and the employee initials under each date. 10. With the bottles now sealed with tamper-evident tape, the specimen does not have to be under the employee s direct observation and the employee is allowed to wash their hands again if they desire. 11. The collector completes the collector s portion of the Custody and Control Form, and has the employee complete the certification statement in step 5 of copy 2 of the CCF. 12. The collector places the specimen bottles and copy 1 of the CCF inside the plastic pouch and seals both pouches. The employee is given copy The excess urine is discarded and the specimen pouch is put in a shipping container. The employee is now allowed to leave the collection site. 14. The collector is responsible for ensuring the security and the integrity of the specimen until the courier picks up the specimen for transport to the laboratory. PROCEDURES WHEN EMPLOYEE CANNOT PRODUCE THE REQUIRED AMOUNT OF URINE (SHY BLADDER) The term shy bladder refers to a situation when the employee does not provide a sufficient amount of urine (45 ml) for a DOT required drug test. If an employee tells the collector, upon arrival at the collection site, that he or she cannot provide a specimen, the collector must still begin the collection procedure regardless of the reason given. The collector should tell the employee that most individuals can provide 45 ml of urine, even when they think they cannot urinate, and direct the employee to make the attempt to provide the specimen. If the employee provided an initial insufficient specimen, the collector discards the insufficient specimen, and makes a note on the CCF starting the time-line of the shy bladder procedure. The collector explains to the employee the process for a shy bladder collection and urges the employee to drink up to 40 ounces of fluids, distributed reasonably through a period of up to three hours, or 29

30 until the individual has provided a sufficient urine specimen, whichever occurs first. The employee must be monitored during this time, and the collector must specifically tell the employee that they are not to leave the collection site. If the employee leaves the collection site or refuses to make the attempt to provide a sufficient urine specimen, this is considered a refusal to submit to a test. A refusal to test will carry the same consequences as a positive test result. If the employee has not provided a sufficient specimen within three hours of the first unsuccessful attempt to provide a specimen, the collector must discontinue the collection, note the fact on the CCF, and immediately notify the DER that the employee s inability to provide a specimen will require a medical evaluation. Failure to produce a sample of urine will result in an immediate referral for an evaluation from a licensed physician who can determine in his or her reasonable judgment the safety-sensitive employee s inability to provide an adequate amount of urine. If no medical reason is found substantiating an inadequate sample, the incident will be treated as a refusal to test and will carry the same consequences as a positive test result. Whenever there is reason to believe that a particular individual has altered or substituted the urine specimen, a second specimen shall be obtained as soon as possible under direct observation of a same gender collection site person. Reasons for observed testing include temperature of the specimen out of normal range, discoloration or unusual odor of the sample or suspicious behavior. B. GENERAL BREATH ALCOHOL TESTING PROCEDURES A breath alcohol technician (BAT) is a person who has completed all necessary training and is qualified to perform a DOT breath alcohol test. The BAT will instruct and assist the employee in providing a breath alcohol sample, and will complete the Federal DOT Breath Alcohol Testing Form (ATF). The BAT ensures the integrity of the test and testing process and has to be sensitive to the employee s privacy. The following are the basic steps and guidelines used in a DOT breath alcohol test: 1. The collection site must afford visual and aural privacy to the employee, sufficient to prevent unauthorized persons from seeing or hearing test results. 2. The employee must provide appropriate identification (photo ID, or ID by a company representative) to the BAT. The employee can request the ID of the BAT. The BAT explains the testing process and completes step 1 of the ATF. 3. The BAT then directs the employee to complete step 2 of the ATF and sign the certification. If the employee refuses to sign this certification, the BAT will note this on the ATF, and immediately notify the DER. This is a refusal to submit. 4. The BAT will prepare the evidentiary breath-testing device (EBT), conduct an air blank test and obtain a new test number. The employee is to see the blank test is 0.0 and to confirm the test number for his/her test. 5. The BAT will select and open a sealed mouthpiece and insert it into the EBT. The employee is now instructed to blow forcefully into the mouthpiece until a sufficient amount of breath has been obtained. 30

31 6. If after two attempts an insufficient amount of breath is provided, the test is canceled, the result noted on the ATF, and the DER notified. Fallbrook P.U.D. will direct the employee to obtain, within five days, an evaluation from a licensed physician who has expertise in the medical issues raised by the employee's failure to provide a sufficient specimen. If the employee refuses to make any requested attempt to test, the technician will discontinue the test, note the fact on the Remarks line of the ATF, and immediately notify the DER. This is a refusal to test. 7. The BAT will show the employee the test result and complete step 3 of the ATF. The printed result will be initialed by the employee and affixed to the ATF with tamper evident tape. The result will also be entered into the logbook. 8. If the test result is less than 0.02 the test is complete. The employee is given copy 2 of the ATF and is allowed to leave the test site. 9. If the initial screening test is greater than 0.02 breath alcohol content, the employee must submit to a confirmation test. 10. The employee must be observed for 15 minutes at which time they are not allowed to eat, drink, or put any substance in their mouth and to the best extent possible, not belch. This waiting period is required to prevent any accumulation of mouth alcohol leading to an artificially high reading. 11. After 15 minutes but before 30 minutes the employee will submit to a confirmation test conducted the same as the screening test. 12. The confirmation test results shall be deemed to be the final result upon which any action under operating administration rules shall be based. C. PRE-EMPLOYMENT TESTING PROCEDURES The FMCSA regulations require that all applicants for employment in safety-sensitive positions or individuals being transferred to safety-sensitive positions from non-safetysensitive positions must be given pre-employment drug tests. 1. Applicants may not be hired or assigned to a safety-sensitive function unless they pass a drug test. 2. Applicants will be informed in writing of the testing requirements prior to conducting the test. 3. All drug test results must be reviewed by the Medical Review Officer (MRO). 4. Applicants that initially test positive, are notified of the results by the MRO and are given an opportunity to discuss the results. D. REASONABLE SUSPICION TESTING PROCEDURES 31

32 The FMCSA regulations also require a safety-sensitive employee to submit to a test when the employer has a reasonable suspicion that the safety-sensitive employee has used a prohibited drug or has misused alcohol as defined in the regulations and company policy. The request to undergo a reasonable suspicion test must be based on specific, contemporaneous, articulable observations concerning appearance, behavior, speech, or body odor of the safety-sensitive employee. 1. Designated employees with supervisory responsibilities shall receive training in order to identify behaviors that might be indicators of drug use and/or alcohol misuse. Training includes the procedures for how to deal with employees suspected of drug use and/or alcohol misuse. 2. If a supervisor observes behavior that might be indicative of drug use and/or alcohol misuse, the supervisor will direct the safety-sensitive employee to stop work and escorts the safety-sensitive employee to an area to be questioned and observed in private. 3. The supervisor must ensure that the safety-sensitive employee does not continue to operate in a safety-sensitive function after identified for reasonable suspicion testing. If there is a decision to test based on observable symptoms, the safetysensitive employee is ordered to submit to a drug and/or alcohol test and is taken to the collection site by an employer representative and at the completion of testing, an offer of transportation to home will be made. 4. If there is a confirmed breath alcohol test of 0.02% or greater but less than 0.04, the safety-sensitive employee will be relieved from safety-sensitive duty immediately for a minimum of (24) hours or until the next scheduled work day. 5. If there is a confirmed breath alcohol test (0.04 or above) and /or confirmed positive drug test the safety-sensitive employee will be removed from his/her safety-sensitive duty immediately. A safety-sensitive employee cannot return to work until he/she has been released by a SAP, successfully completes the required rehabilitation, and passes a return-to-duty test(s). 6. If an alcohol test is not administered within two hours following the determination for reasonable suspicion testing, the supervisor shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If the alcohol test is not administered in eight hours following the determination for reasonable suspicion testing, the supervisor will cease all attempts and shall state the reasons for not administering the test. 7. A written record shall be made of the observations leading to a controlled substance or alcohol misuse reasonable suspicion test, and signed by the supervisor or company official who made the observations within 24 hours of the observed behavior or before the results of the controlled substance test are released, whichever is earlier. 32

33 E. POST-ACCIDENT TESTING PROCEDURES for FMCSA The FMCSA regulations require testing for prohibited drugs and alcohol in the case of certain commercial motor vehicle accidents. Post-accident testing is mandatory for accidents where there is a loss of human life and for other non-fatal accidents. 1. The supervisor ensures that all injured people receive proper medical care. 2. A post-accident test is determined by the following situations: Type of Accident Involved Citation Issued: Test Must be Performed: Human fatality YES YES NO YES Bodily injury with YES YES immediate medical treatment away from NO NO the scene. Disabling damage to YES YES any motor vehicle requiring tow away NO NO Exceptions: You must not conduct a FMCSA DOT test if the following exceptions occur; An occurrence involving only boarding or alighting from a stationary motor vehicle; or An occurrence involving only the loading of or unloading of cargo; or An occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle by an employer unless the motor vehicle is transporting passengers for hire or placarded hazardous materials. 3. The safety-sensitive employee will be taken to the collection site and tested as soon as practicable following the accident. The breath alcohol test should be performed within two hours of the accident. If the breath alcohol test is not performed within two hours, the supervisor shall prepare and maintain on file a record stating the reasons why the test was not administered. If the breath alcohol test still cannot be administered within eight hours following the accident, the supervisor shall cease all attempts and update the records accordingly. The safetysensitive employee should remain readily available for breath alcohol testing for up to eight hours following an accident and for drug testing up to 32 hours after the accident, including notifying his/her location, or he/she may be deemed to have refused to submit to testing. Fallbrook P.U.D. will document all accidents of 33

34 employees and their decision whether to test under FMCSA s rule or Fallbrook P.U.D. s authority. 4. If the safety-sensitive employee is injured and needs medical treatment, provisions will be made to perform an alcohol test within eight hours and a drug test within 32 hours of the accident. 5. The safety-sensitive employee is prohibited from using alcohol for eight hours, prior to testing. 6. Pending the results of a verified positive test, the safety-sensitive employee will be removed from their safety-sensitive position, if medically cleared to return to work, on a case-by-case basis. 7. If the safety-sensitive employee is tested for alcohol, and the test is positive (0.04 or greater), the safety-sensitive employee will be removed from duty and referred to the SAP. If the test is , the safety-sensitive employee will be removed from duty for at least 24 hours. 8. If the safety-sensitive employee refuses to be tested or if the test is confirmed positive, the safety-sensitive employee is removed from duty and referred to the SAP. Safety-sensitive employees who test positive for drugs or alcohol will be subject to disciplinary action up to and including termination. F. RANDOM TESTING PROCEDURES The FMCSA regulations require random testing for prohibited drugs and alcohol misuse for all safety-sensitive employees. Random testing identifies employees who are using drugs or misusing alcohol but are able to use the predictability of other testing methods to escape detection. More importantly, it is widely believed that random testing serves as a strong deterrent against employees beginning or continuing prohibited drug use and misuse of alcohol while on the job. 1. Random drug and alcohol testing only applies to safety-sensitive employees. An identification number (commonly your SS #) will be included in a selection pool. 2. Random drug and alcohol testing is accomplished by a scientifically valid, tamperproof, computer-generated selection process. Fallbrook P.U.D. will randomly select individuals for testing through National Safety Compliance, Inc. s (Third Party Administrator) random test selection program without showing discrimination. The program uses a special algorithm that helps to avoid potential concerns an employee may have concerning selection for a random test. When selected by random, employees/leased drivers will submit to testing immediately at a pre-established place or On Location testing site. A surplus will be randomized to allow for selected employees who are not available. Not available is limited to employees who are not at work due to vacation, sick leave, 34

35 disability, or scheduled time off. This does not mean that the employee cannot be tested when they return to work. 3. At the time of a random selection, a primary list containing the names of the covered employees selected for random drug and/or breath alcohol test is transmitted confidentially to the DER from the Third Party Administrator. No employee will be removed from the random pools following selection, and every employee will continue to be subject to selection throughout the year. Every employee in the random pool has an equal chance of being selected every time. 4. Random testing will be conducted during all hours of operation, all shifts, and all days of the week including weekends so long as Fallbrook P.U.D. is in operation or a safety-sensitive employee is conducting safety-sensitive functions. No shift is exempt from testing. 5. The total number of alcohol tests completed annually must equal at a minimum of 10% of the eligible safety-sensitive employees in the random pool. The total number of drug tests completed each year must equal at a minimum of 50% of the number of safety-sensitive employees. 6. Random drug testing may be conducted concurrently with random alcohol testing or at any time during an employee s shift. Random alcohol testing will be conducted just before the employee is scheduled to perform a safety-sensitive function, while the employee is performing safety-sensitive functions or just after the employee performs a safety-sensitive function. The employee must proceed to the test site immediately after being notified that he or she has been selected for testing. 7. A manager or supervisor will notify safety-sensitive employees of their random selection. If applicable, a supervisor shall document an employee s random test notification. Once notified, the safety-sensitive employee must submit to a drug and/or alcohol test. Failure to cooperate with the collection procedures, or failure to submit to the test in any way constitutes a refusal to test, which results in the same consequences as a positive test result. 8. If there is a confirmation breath alcohol test of between 0.02% or greater but less than 0.04%, the safety-sensitive employee will be relieved from duty immediately. The safety-sensitive employee will not be permitted to perform or continue to perform safety-sensitive functions, until the start of the safety-sensitive employee s next regularly scheduled duty period, but not less than 24 hours following administration of the test. 9. If there is a confirmed positive breath alcohol test (0.04% or above) and/or confirmed positive drug test, the employee will be removed from safety-sensitive duty immediately. The safety-sensitive employee cannot return to work until he/she has been released by a SAP, successfully completes the required rehabilitation, and passes a return-to-duty test. 35

36 10. Safety-sensitive employees who test positive for drugs or alcohol will be subject to disciplinary action up to and including termination. If, for some reason an employee who has been selected for a random test, but is not able to take the test during the testing period, documentation will be made and forwarded to the Third Party Administrator for proper documentation of why the test was not performed. G. RETURN-TO-DUTY AND FOLLOW-UP TESTING PROCEDURES Before any safety-sensitive employee can be allowed to return-to- duty to perform a safety-sensitive function following a verified positive drug test, a positive breath alcohol test, a refusal to submit to a test, or engaging in conduct prohibited by the regulations regarding alcohol misuse or controlled substance use, the safety-sensitive employee must first be evaluated by a Substance Abuse Professional (SAP) and pass the return-to-duty test ordered by the SAP. Return-to-duty Testing 1. If a safety-sensitive employee tests positive (0.04 >) for alcohol or positive for prohibited drugs, refuses to test, or substitutes/adulterates his/her specimen, the SAP must evaluate the employee and prescribe a rehabilitation program the employee must complete. The employee will be re-evaluated by the SAP to determine whether the employee may be released to be considered for return to a safety-sensitive position. 2. The SAP or DER will schedule the safety-sensitive employee for a returnto-duty drug test performed under Direct Observation and/or breath alcohol test. If the return to duty test(s) is negative the employee can be returned back to performing safety-sensitive functions. 3. If the return-to-duty drug test is positive, a split sample can be analyzed if requested by the safety-sensitive employee within 72 hours of being notified of the positive result. The result will be reviewed by the MRO. If it is verified positive, the safety-sensitive employee will not be returned to duty and the test is considered a second positive. 4. Safety-sensitive employees who test positive for drugs or alcohol on a return-to-duty test will be subject to disciplinary action up to and including termination. Follow-up Testing 1. Once an employee returns to a safety-sensitive position, the employee shall be subject to unannounced follow-up testing performed under Direct Observation for at least 1 year but no more than 60 months. The type, frequency and duration of the follow-up testing will be recommended by the SAP; however, a minimum of six tests shall be performed during the first 12 months after the safety-sensitive employee has been returned to duty. Follow-up testing does not exclude an employee from the random testing program. This means that a safety-sensitive 36

37 employee is subject to random testing as well as follow-up testing and both could occur at the same time or the same day or thereafter. 2. Follow-up alcohol testing shall be performed either just before, during or just after the safety-sensitive employee performs a safety-sensitive function. 3. If any follow-up drug and/or alcohol test is verified positive, the safety-sensitive employee will be immediately removed from the safety-sensitive position. Disciplinary action will be imposed up to and including termination. 37

38 EXHIBIT A SIGNS AND SYMPTOMS OF PROHIBITED DRUGS 1. AMPHETAMINES are central nervous system stimulants that tend to make people hyper or jumpy. They are often used by drivers to stay awake and to counteract the effects of drowsiness, and are especially dangerous to take while driving. They are taken either orally or injected. Signs and Symptoms: hypersensitivity, exhaustion, dilated pupils, grinding teeth, sweating, loss of appetite, dry mouth, excessive talking. Effects on Driving: impaired judgment, more likely to take risks, delayed reaction time, tendency to over-steer or over-brake, impaired coordination. 2. COCAINE is a stimulant to the central nervous system and gives the user an intense feeling of well-being or euphoria. A more potent form of cocaine is crack cocaine which is especially dangerous, addicting, and can cause death the first time it is used. Cocaine is used by inhaling, injecting or snorting. Signs and Symptoms: mood swings, weight loss, depression, nosebleeds, bad breath, restlessness, irritability, euphoria, uncontrollable sniffing. Effects on Driving: slowed reaction time, distorted vision and depth perception, unable to measure time and distance accurately. 3. MARIJUANA is a depressant and mind altering drug that causes hallucinations in the brain. Impairment of reflexes and thought processes can last more than 24 hours after use. When taken with alcohol, the effects of both are magnified greatly. Marijuana is either smoked or eaten. Signs and Symptoms: dilated pupils, giddiness, mood swings, slowed reflexes, slowed thinking, short-term memory loss, and reduced concentration. Effects on Driving: slowed reaction time, driving slower than speed limit, slows driver s reflexes, poor concentration, impaired visual tracking and depth perception. 38

39 4. OPIATES are classified as a narcotic analgesic that tends to have a sedating, calming effect, and act as a depressant to the central nervous system. Opiates are prescribed for pain relief by doctors, however the abuser will use the drug to relax and escape. Some opiates have serious side effects such as nervousness, nausea and restlessness. Opiates are taken either orally, injected, or smoked. Signs and Symptoms: mental confusion, memory loss, slurred speech, hostility, drowsiness, depression, euphoria, and reduced feeling of pain. Effects on Driving: lack of concentration, distorted vision and distorted sense of time and distance. 5. PHENCYCLIDINE (PCP) is commonly called Angel Dust and is a disassociative anesthetic. Users of PCP may experience hallucinations, confusion, and lack of coordination with long-term effects of psychotic behavior with violent acts. PCP may be smoked, snorted, or injected. Signs and Symptoms: delusions, confusion, panic, anxiety and increased blood pressure. Effects on Driving: impaired coordination, more likely to take risks, and aggressive actions with vehicle. 6. ALCOHOL is a socially accepted drug, however as a depressant it slows down physical responses and progressively impairs mental functions. When it is consumed for its physical and mood altering effects, it is a substance of abuse. Long term abuse causes fatal organ diseases, cancer, decreased sexual functioning and birth defects. Impairment is related to many factors including: gender, body size and weight, being healthy, rested vs. tired and even location (altitude). Signs and Symptoms: slowed reaction rate, slurred speech, odor of alcohol on breath, lack of coordination, dulled mental processes. Effects on Driving: blurred vision, slowed reaction times, impaired judgment, aggressiveness, and drowsiness. 39

40 EXHIBIT B Fallbrook P.U.D. Drug and Alcohol Testing Vendors Third Party Administrator National Safety Compliance, Inc. P.O. Box 3160 Laguna Hills, CA Phone (949) Fax (949) SAMHSA-Certified Laboratory Quest Diagnostics Laboratory 7600 Tyrone Avenue Van Nuys, CA (800) MEDTOX Laboratories 402 W. County Rd D St Paul, MN (800) Pacific Toxicology Laboratories 9348 De Soto Avenue Chatsworth, CA (800) On-Site Collector National Safety Compliance, Inc. On-Site Mobile Unit P.O. Box 3160 Laguna Hills, CA (949) Substance Abuse Professional National SAP Network 1481 Ford Street Ste. 201 Redland, CA (800) Medical Review Officer Ben Gerson, M.D. University Services Decatur Rd., Ste. 200 Philadelphia, PA Phone (215) Fax (215) Employee Assistance Program Wellpoint 9655 Granite Ridge Drive, 6 th Floor San Diego, CA (800) Off-Site Collector (Clinic) Healthpointe Old Town Front St. # 104 Temecula, CA Quest Lab Rancho Pueblo Road, Ste. 104 Temecula, CA (951) Designated Employer Representative Fallbrook P.U.D. 990 East Mission Fallbrook, CA Larry Ragsdale (Primary) Casey Walters (Secondary) (760)

41 EXHIBIT C List of Categories of Drivers/Safety-Sensitive Positions Backflow/Cross-Connection Tech Chief Plant Operator Warehouse/Shop Supervisor Warehouse/Purchasing Specialist Chief System Operator Drought Management Coordinator Engineering Tech I, II & III Environmental Compliance Tech Equipment Mechanic Equipment Technician Foreman GIS Specialist Laboratory Tech I & II Lead Plant Operator Lead System Operator Maintenance Electrician Mechanical Technician Meter Service Worker Operations Technician Plant Maintenance Worker Plant Operator I-T, I & II System Operator I & II Utility Technician Utility Worker I & II 41

42 ACKNOWLEDGMENT OF RECEIPT AND UNDERSTANDING I hereby acknowledge receipt of Fallbrook P.U.D. Controlled Substance and Alcohol Misuse Drug and Alcohol Testing Policy. I understand that it is my responsibility to familiarize myself with the policy and its requirements and seek appropriate guidance or explanation if needed. I also understand that the provisions of this policy are part of the terms and conditions of my employment, and that I agree to abide by them. THE UNDERSIGNED STATES THAT HE OR SHE HAS READ THE FOREGOING ACKNOWLEDGEMENT AND UNDERSTANDS THE CONTENTS THEREOF. DATE EMPLOYEE S SIGNATURE REV Date 8/31/09 EMPLOYEE S NAME (printed) Please complete and return this form immediately to your Designated Employer Representative. 42

43 Fallbrook P.U.D. Controlled Substance And Alcohol Misuse for Non-DOT Safety-Sensitive Employees Policy and Procedures Effective as of: August 1, 2001 Revised as of: October 29, 2004 January 23, 2006 March 27, 2006 August 28, 2006 August 31, 2009 December 10, 2012 December 9,

44 Table of Contents VII. GENERAL A. Policy Statement B. Purpose of Policy 1. Some Effects of Misuse and Abuse C. Applicability 1. District Policy for Drug and Alcohol Testing Policy for Employees 2. Employees Affected by These Rules D. Definitions VIII. PROHIBITIONS A. Prohibited Drug Use 1. Prohibited Drugs 2. Controlled Substance Use 3. Controlled Substance testing 4. Alcohol Concentration 5. Other Alcohol-Related Conduct 6. Legal Drugs B. Prohibited Conduct 1. Manufacturing, Trafficking, Possession, and Use of Controlled Substances 2. Intoxication/Under the Influence 3. Alcohol Concentration/Hours of Compliance 4. Compliance with Testing Requirements 5. Refusal to Submit to an Alcohol or Controlled Substance Test IX. TESTING REQUIREMENTS A. Testing for Prohibited Substances 1. Testing for Prohibited Drugs 44

45 2. Procedures for Testing 3. Split Specimen Testing 4. Alcohol Testing B. Medical Review Officer C. Types of Testing 1. Pre-Employment Testing 2. Reasonable Suspicion Testing 3. Post-Accident Testing Non-Regulated Post-Accident Testing 4. Random Testing 5. Return-to-Duty & Follow-Up Testing X. CONSEQUENCES FOR SAFETY SENSITIVE EMPLOYEES ENGAGING IN SUBSTANCE USE-RELATED CONDUCT A. Consequences for Positive Test Results B. Removal From Safety Sensitive Function C. Required Evaluation and Testing XI. RECORDS, TRAINING, AND EDUCATIONAL MATERIAL A. Location of Records B. Inquiries for Alcohol and Controlled Substances Information From Previous Employers C. Training and Educational Material D. Designated Employer Representative E. Revisions to the Policy and Program XII. TESTING PROCEDURES EXHIBITS A. General Urine Specimen Collection Procedures B. General Breath Alcohol Collection Procedures C. Pre-Employment Testing Procedures D. Reasonable Suspicion Testing Procedures E. Post-Accident Testing Procedures F. Random Testing Procedures G. Return-to-Duty and Follow-Up Testing Procedures B. Signs and Symptoms of Prohibited Drugs B. Drug and Alcohol Testing Vendors C. List of Categories of Employees 45

46 CONTROLLED SUBSTANCE AND ALCOHOL MISUSE FOR NON-DOT SAFETY-SENSITIVE EMPLOYEES POLICY AND PROCEDURES I. GENERAL A. POLICY STATEMENT Fallbrook P.U.D. is concerned about employees being under the influence of alcohol and/or drugs at work and the use of such substances in the work environment. Moreover, Fallbrook P.U.D. takes the position that any measurable amount of drugs or alcohol in an employee s system while on company time is counterproductive to the goal and mission of this organization. Fallbrook P.U.D. is also concerned about the possession, distribution, purchase or sale of illegal drugs and controlled substances in the workplace. These activities may adversely affect an employee s work performance, efficiency, safety and health, and therefore seriously impair his or her value as an employee. In addition, they constitute a potential risk to the welfare and safety of other employees, and expose the District to risks of property loss or damage, negative image, or injury to other persons. Fallbrook P.U.D. has established the following policy: 2. Any employee who, while on duty or on District premises, sells, distributes, manufactures, possesses, offers for sale or distribution any illegal drugs or controlled substances will be subject to immediate disciplinary action up to and including discharge. 6. Any employee who, while on duty or District premises, uses or consumes alcoholic beverages or illegal drugs or controlled substances will be subject to immediate disciplinary action up to and including termination. 7. Any employee who is under the influence of alcoholic beverages or controlled substances will be subject to immediate disciplinary action up to and including termination. 8. Any employee required to be tested for drugs and/or alcohol under the terms of this policy must comply with all procedures. 9. All covered employees will be subject to pre-employment, reasonable suspicion, postaccident, random, return-to-duty, and follow-up drug and/or alcohol testing. 46

47 Applicants for safety-sensitive positions will not be hired nor will current employees be assigned to safety-sensitive functions unless they pass a drug test. B. PURPOSE OF POLICY The purpose of this policy is to ensure that employees are fit for duty and to protect our employees and the public from risks posed by the use of alcohol and controlled substances. This policy also prevents performance of any safety-sensitive function when there is a positive, adulterated, or substituted test result. If any provision of an existing District policy, or rule is inconsistent or in conflict with any provisions of this policy, this policy shall take precedence. 1. Some Effects of Misuse and Abuse The cost of substance abuse and alcohol misuse is growing each day in our society, the workplace, the family and with individuals. Most homicides are committed by people who use drugs or alcohol prior to the crime. Many Americans will be involved in an alcohol-related accident during their lifetime. The medical costs of illnesses related to controlled substance misuse and abuse are overwhelming. Each year thousands of people will die due to alcohol-caused liver disease. Several more thousand will die due to alcohol-induced brain disease or suicide. Symptoms of Substance Abuse Problems: Tardiness Overreaction to real or imagined criticism Borrowing money from coworkers Avoidance of associates Lowered job efficiency Difficulty in concentration Absenteeism Excessive sick leaves Higher absentee rate than other employees Alcohol odor on breath Mood swings Subject of complaints from clients or co-workers Stealing small items from co-workers/employers Confusion Accidents on the job Leaving work early Frequent, unscheduled short-term absences (See Exhibit A for Signs and Symptoms of Prohibited Drugs ) Employees also can create liabilities for their employers, such as: Direct and measurable costs, such as the additional health care benefits claimed by substance abusers. Less tangible and difficult-to-measure costs, such as the negative impact on employee morale or the diminished creativity of substance-abusing employees. 47

48 Potential costs or liabilities, such as the potential costs of a lawsuit filed by an injured party after an accident caused by an impaired employee. Potential damage to company image and reputation due to a substance abusing employee and his/her actions. These costs arise because of the effects of substance abuse in many areas, including: 10. Employee Health 11. Productivity 12. Decision-Making 13. Security 14. Safety 15. Employee Morale 16. Image of Company Fallbrook P.U.D. has several components to promote a drug-free workplace. They are the following: 17. A Controlled Substance and Alcohol Misuse policy with procedures; Training for all employees with supervisory responsibilities for Reasonable-suspicion determinations; Intervention and/or confrontation by a trained supervisor When an employee needs help with a substance abuse problem and is not forthcoming, intervention by a trained supervisor can be helpful. A trained supervisor will call the employee into a private area and express his/her concern regarding the employee s behavior. If it is decided that a test is needed, the employee shall be informed that the test is required to eliminate drug abuse as a cause for the behavior. 18. Information of local Employee Assistance Programs (EAP) and/or Substance Abuse Professionals (SAP) (See Exhibit B Fallbrook P.U.D. Drug and Alcohol Testing Vendor list for more information) D. APPLICABILITY 1. Drug and Alcohol Testing Policy for Employees Fallbrook P.U.D. has determined that it has employees who work in safety-sensitive positions as evidenced by the worker s compensation designations of water worker or sanitary worker. 2. Employees Affected by These Rules 48

49 Employees a. are designated as a water worker for the purpose of workers compensation insurance coverage; or b. are designated as a sanitary worker for the purpose of workers compensation insurance coverage. Employees in categories (a) or (b) are deemed to be performing safety-sensitive duties and subject to testing that fulfills the requirements of the District s CONTROLLED SUBSTANCE AND ALCOHOL MISUSE FOR NON-DOT SAFETY-SENSITIVE EMPLOYEES POLICY AND PROCEDURES. Testing procedures will be conducted while the safety-sensitive employee is on duty and facilities used for tests shall conform to the same requirements of the Code of Federal Regulations, Title 49 CFR Part 40. On-duty time includes all safety-sensitive duties performed from the time a safetysensitive employee begins work or is required to be ready to work until he/she is relieved from work and all responsibility for performing work (see definition in section D of this policy). (See Exhibit C for list of safety-sensitive positions and/or categories that are subject to this policy.) E. DEFINITIONS Accident: an incident involving a District motor vehicle in which there is a fatality, or a citation was issued and either an injury is treated away from the scene, or a vehicle is required to be towed from the scene. Actual knowledge: means actual knowledge by an employer that a safety-sensitive employee has used alcohol or controlled substances based on the employer s direct observation of the employee. Direct observation as used in this definition means observation of alcohol or controlled substances use and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing. Alcohol: means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl or isopropyl alcohol. (The concentration of alcohol is expressed in terms of grams of alcohol per 210 liters of breath as measured by an evidential breath-testing device.) Alcohol Use: the drinking or swallowing of any beverage, liquid mixture or preparation (including any medication), containing alcohol. Adulterated Specimen: a specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine. Breath Alcohol Technician (BAT): a person who instructs and assists employees in the alcohol testing process and operates an evidential breath-testing device (EBT). 49

50 Chain of Custody: the procedures used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the Federal Drug Testing Custody and Control Form (CCF). The CCF also ensures the integrity of each urine specimen by tracking its handling and storage from the point of specimen collection to its final disposition. Collection Site: a place where individuals present themselves for the purpose of providing breath or body fluid to be analyzed for specific controlled substances. The site possesses all necessary personnel, materials, equipment, facilities and supervision to provide for the collection, security, temporary storage, and transportation or shipment of the specimens to a laboratory. Confirmation Test: for alcohol testing means a subsequent test using an EBT, following a screening test with a result of 0.02 grams or greater of alcohol per 210 liters of breath, that provides quantitative data about the alcohol concentration. For controlled substances testing means a second analytical procedure performed on a urine specimen to identify and quantify a specific drug or drug metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. Controlled Substance: urinalysis will be conducted to detect the presence of the following substances: Amphetamines/Methamphetamine Marijuana Cocaine Opiates Phencyclidine (PCP) Designated Employer Representative (DER): is an individual identified by the employer as able to receive communications and test results from service agents and who is authorized to take immediate actions to remove employees from safety-sensitive duties and to make required decisions in the testing and evaluation processes. The individual must be an employee of the company. Dilute Specimen: a specimen with creatinine and specific gravity values that are lower than expected for human urine. Drug & Alcohol Policy: policy set up by Fallbrook P.U.D. to provide the necessary elements to promote a drug free working environment. Hereinafter referred to as Policy. Employer: Employer means the entity responsible for overall implementation of drug and alcohol program requirements, including individuals employed by the entity who take personnel actions resulting from violations of this part. Evidential Breath Testing Device (EBT): a device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA s Conforming Products List of Evidential Breath Measurement Devices (CPL). 50

51 Medical Review Officer (MRO): a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer s drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual s confirmed positive test result together with his or her medical history and any other relevant biomedical information. On Duty Time: all time from the time a safety-sensitive employee begins to work or is required to be available. Performing (a safety-sensitive function): any period in which the safety-sensitive employee is actually performing, ready to perform, or immediately able to perform any safety-sensitive functions. Reasonable Suspicion: means that Fallbrook P.U.D. believes the actions or appearance or conduct of a safety-sensitive employee who is on duty as defined above, are indicative of the use of a controlled substance or alcohol. Refusal to Submit (to an alcohol or controlled substances test) means that a safety sensitive employee refuses to submit to, appear, remain/arrive at the testing site or to take any test required by the MRO or their employer (DER). Also see section II (b) (5). Safety-Sensitive Function: means all time from the time a safety-sensitive employee begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include: 1. Any and all duties performed while in a position categorized as water worker or sanitary worker for the purpose of providing workers compensation insurance coverage. Screening Test (aka initial test): in alcohol-testing it means an analytical procedure to determine whether a safety-sensitive employee may have a prohibited concentration of alcohol in his or her system. In controlled substance testing it means an immunoassay screen to eliminate negative urine specimens from further consideration. Service Agent: any person or entity, other than an employee of the employer, who provides services specified under this part to employers and/ or employees in connection with drug and alcohol testing requirements. This includes, but is not limited to, collectors, BATs, laboratories, MROs, substance abuse professionals, and TPAs. To act as service agents, persons and organizations must meet the qualifications set forth in applicable sections of this part. Service agents are not employers for purposes of this part. Substance Abuse Professional (SAP): a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders. 51

52 Substituted Specimen: a specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine. Third Party Administrator (TPA): a service agent that provides or coordinates the provision of a variety of drug and alcohol testing services to employers. TPAs typically perform administrative tasks concerning the operation of the employers drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join to administer, as a single entity, the drug and alcohol testing programs of its members. TPAs are not employers for purposes of this part. APPLICABLE ABBREVIATIONS BAT: DHHS: DOT: DER: EBT: MRO: SAP: SAMHSA: Breath Alcohol Technician Department of Health and Human Services Department of Transportation Designated Employer Representative Evidential Breath Testing Medical Review Officer Substance Abuse Professional Substance Abuse and Mental Health Services Administration II. PROHIBITIONS A. PROHIBITED DRUG USE 1. Prohibited Drugs District regulations specifically prohibit the use of the following illegal substances and require testing for their presence under certain circumstances: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine. Safety-sensitive employees may be tested at any time while on duty or on Fallbrook P.U.D. s property. (See Exhibit A for Signs and Symptoms of Prohibited Drugs ) 2. Controlled Substances Use No employee shall report for duty or remain on duty requiring the performance of safetysensitive functions when the employee uses any controlled substance, except when the use 52

53 is pursuant to the instructions of a licensed medical practitioner, who has advised the employee that the substance will not adversely affect the employee s ability to work safely. No employer having actual knowledge that an employee has used a controlled substance shall permit the employee to perform or continue to perform a safety-sensitive function. Fallbrook P.U.D. may require an employee to inform the employer of any therapeutic drug use. 3. Controlled Substances Testing No employee shall report for duty, remain on duty or perform a safety-sensitive function, if the employee tests positive or has adulterated or substituted a test specimen for controlled substances. No employer having actual knowledge that an employee has tested positive or has adulterated or substituted a test specimen for controlled substances shall permit the employee to perform or continue to perform safety-sensitive functions. 6. Alcohol Concentration The consumption of beverages containing alcohol or substances including any medication such that alcohol is present in the body while performing safety-sensitive duties, is prohibited. No employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that an employee has an alcohol concentration of 0.04 or greater shall permit the employee to perform or continue to perform safety-sensitive functions. 5. Other Alcohol-Related Conduct Any employee tested under this policy who is found to have a breath alcohol concentration (BAC) of 0.02 BAC or greater but less than 0.04 BAC shall not perform or continue to perform safety-sensitive functions for Fallbrook P.U.D., nor shall Fallbrook P.U.D. permit the employee to perform or continue to perform safety-sensitive functions, until the start of the employee s next regularly scheduled duty period, but not less than 24 hours following administration of the test. Except as provided in the above section, Fallbrook P.U.D. shall not take any action under this part against an employee based solely on test results showing an alcohol concentration less than This does not prohibit Fallbrook P.U.D. with authority independent of this part from taking any action otherwise consistent with law. 6. Legal Drugs 53

54 The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected should be reported to supervisory personnel. Medical advice should be sought, as appropriate, before performing safety-sensitive duties. A legally prescribed drug means that an individual has a current prescription or other written approval from a physician for the use of a drug in the course of medical treatment. The prescription or approval must include the patient s name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse of legal drugs while performing safety-sensitive duties is prohibited. Any prescription drug use should be reported to the supervisor and/or Human Resources. B. PROHIBITED CONDUCT 1. Manufacture, Trafficking, Possession, and Use of Controlled Substances The manufacture, distribution, dispensing, possession, or use of controlled substances in the workplace is prohibited. A controlled substance is any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812), and as further defined by 21 CFR Any employee in violation of this act will be subjected to disciplinary action, up to and including termination. Law enforcement shall be notified, as appropriate, where criminal activity is suspected. 2. Intoxication/Under the Influence Any safety-sensitive employee who is reasonably suspected of being intoxicated or under the influence of a prohibited drug shall be relieved from his or her safety-sensitive job duties pending an investigation and verification of condition. Any employee who fails a drug or alcohol test will be subject to disciplinary action up to and including termination. 3. Alcohol Concentration/Hours of Compliance No safety-sensitive employee should report for duty or remain on duty when his or her ability to work safely is adversely affected by alcohol or when his or her blood alcohol concentration is 0.02 or greater. No safety-sensitive employee shall use alcohol while on duty or while performing safety-sensitive functions. No employee shall have used alcohol within four (4) hours of reporting for duty. After an accident, safety-sensitive employees shall refrain from alcohol use for eight (8) hours or until an alcohol test has been administered. 4. Compliance with Testing Requirements 54

55 Any safety-sensitive employee who refuses to comply with a request for testing, who fails to remain readily available for post-accident testing, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution shall be removed from duty immediately. A refusal can include the inability to provide a specimen or breath sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test. 5. Refusal to Submit to an Alcohol or Controlled Substance Test A refusal to test means that a safety-sensitive employee: L. Engages in any conduct that clearly obstructs or does not allow for the successful completion of the testing process, including refusal to sign the Custody and Control form (CCF) or breath alcohol form, not being readily available following an accident, using alcohol within eight hours of an accident, or adulterating or substituting a sample. M. Fails to provide adequate breath for alcohol testing without a valid medical explanation (as determined by a medical evaluation). N. Fails to provide an adequate urine sample for controlled substances testing without a genuine inability to provide a specimen as determined by a medical evaluation. O. Fails to show up for any test within a reasonable time after being directed to do so, or to remain at the testing site until the testing process is complete. P. In cases of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the provision of a specimen. Q. Fails or declines to take a second test the employer has directed. (e.g. following a negative dilute result.) R. Fails to undergo an additional medical evaluation, as directed by the MRO as part of the verification process, or as directed by the DER concerning the evaluation as part of the shy bladder / shy lung procedures. S. Fails to cooperate (refuse to empty pockets, behave in a confrontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector, fail to remove and leave outer clothing, purse, briefcase, or other personal belongings with collector). T. Possesses or wears a prosthetic device or other device that could be used to interfere with the collection process. U. Admits to collector or MRO that you adulterated or substituted the specimen, or if the MRO reports that you have a verified adulterated or substituted test result. 55

56 V. Fails (refuses) to sign the certification at step 2 of the ATF (Alcohol Testing Form.) Any employee who has been determined to have refused to test will face the same consequences as testing positive and will be immediately removed from performing safety-sensitive functions until all return-to-duty requirements are met. Any time an employee Refuses to Test, proper documentation shall be kept for future reference. Fallbrook P.U.D. will document all refusals to test situations. III. TESTING REQUIREMENTS A. TESTING FOR PROHIBITED SUBSTANCES 3. Testing for Prohibited Drugs Drug tests will be analyzed from a urine specimen. Each urine sample will be collected into a primary and a split sample. The urine samples will be sent under seal, with required custody and control forms, to a laboratory approved by SAMHSA. At the laboratory, specimens are placed in secure storage. An initial drug screen will be conducted on each primary specimen. For those specimens that are not negative, a confirmatory Gas Chromatography /Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40 the same as the DOT program. Under these testing rules, the laboratory must conduct validity tests on each specimen it receives. This allows the lab to evaluate the specimen to determine if it is consistent with normal human urine. The laboratory is then able to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted. If the result of the primary specimen is positive, the split sample as well as the primary sample will be retained in frozen storage for at least 1 year from the date the laboratory receives it. 4. Procedures for Testing Testing shall be conducted in a manner to ensure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities, which have been approved, by the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Department of Health and Human Services (DHHS). Testing for prohibited drugs and alcohol on safety-sensitive employees shall be conducted in accordance with the procedures set forth in 49 CFR Part 40 same as the DOT program. Federal urine and breath forms will be used. (See Section VI. A., for General Urine Drug Collection Procedures ) 3. Split Specimen Testing 56

57 Any safety-sensitive employee who questions the results of his/her required drug test under this section of this policy may, within 72 hours of having been notified of a verified positive test by the MRO, request that an additional test be conducted on the split sample (bottle B) of the original specimen that was voided. This test must be conducted at a different DHHS certified laboratory. Each urine sample is to be a minimum of 45ml. The sample is to be split at the time of collection into 30 ml. for the primary test (bottle A) and 15ml. Ffor the split (bottle B). The test must be conducted on the split sample that was provided at the same time as the original sample. Requests after 72 hours will only be accepted if the delay was due to documentable facts that were beyond the control of the employee. If the second portion of the sample also tests positive, then the employee is subject to the sanctions contained in the regulations. If the second portion produces a negative result, or for any reason the second portion is not available, the test is considered cancelled and no sanctions are imposed. However, a re-collection under direct observation may be ordered by the MRO. If an employee requests a split sample to be tested, the employee will be responsible for all payments associated with the test of the split specimen, providing that the split test is not cancelled or comes back as a negative, in which case Fallbrook P.U.D. will reimburse payment for such test. 4. Alcohol Testing Alcohol tests will be performed by a certified breath alcohol technician (BAT) in accordance with the procedures established by the DOT s 49 CFR Part 40 Procedures for Transportation Workplace Drug and Alcohol Testing Programs. The BAT will use an evidential breath-testing device (EBT) approved by the National Highway Traffic Safety Administration (NHTSA) in the administration of the breath alcohol test. In order to maintain quality assurance, EBTs must be externally calibrated in accordance with plans developed by the manufacturer of the device. If the initial test on an employee indicates an alcohol concentration of 0.02 or greater, a second test will be performed no sooner than 15 minutes but no later than 30 minutes from the first attempt to confirm the results of the initial test. If 30 minutes has passed, the confirmation test will still be performed and the situation will be noted on the ATF. This does not affect the result of the test. (The D.O.T. has approved Saliva Testing for Alcohol screen tests but not for confirmation testing. If a Saliva Test is used for the screen test and the reading is over.002, the collector/technician must perform a confirmation using an EBT.) (See Section VI.B. for General Breath Alcohol Testing Procedures ) Fallbrook P.U.D. will designate a representative who will receive and handle the alcohol and drug testing results. All results will be handled in a confidential manner. (See Section V.D. for DER Information) B. MEDICAL REVIEW OFFICER All drug test results shall be interpreted and evaluated by a qualified MRO, who shall meet the requirements set forth in 49 CFR Part The MRO does not review alcohol test results. When a urine specimen is confirmed positive and reported from the testing 57

58 laboratory to the MRO, it is the MRO s responsibility to: (a) review the individual s medical history, including any medical records and biomedical information provided; (b) contact the employee and afford the employee an opportunity to discuss the test results with him/her; (c) determine whether there is a legitimate medical explanation for the result, including legally prescribed medication. The MRO shall not convey test results until the MRO has made a definite decision that the test result was positive or negative. The MRO may request the laboratory to analyze the original sample again in order to verify the accuracy of the test result. When the MRO reports the result of the verified positive test, the MRO may disclose the drug (s) for which there was a positive test. The MRO may only reveal the levels of a positive drug test result to the employer, the employee, or the decision maker in lawsuit, grievance or other proceeding initiated by the employee and arising from a verified positive result. If the MRO declares a drug test to be invalid for any reason, the test is considered canceled, and neither positive nor negative. However, a re-collection under direct observation may be ordered by the MRO. C. TYPES OF TESTS REQUIRED The District requires the following types of testing for prohibited substances for safetysensitive employees: Pre-employment, reasonable-suspicion, post-accident, random, return-to-duty, and follow-up testing. 1. Pre-Employment Testing A pre-employment drug test shall be conducted before the first time a safety-sensitive employee performs any safety-sensitive function for Fallbrook P.U.D. This includes new employees and current employees transferring into positions that include the performance of safety-sensitive duties. A negative drug test result shall be required prior to the performance of safety sensitive duties. In the event an applicant tests positive, Fallbrook P.U.D. will not hire or rehire the applicant at that point in time. This does not preclude Fallbrook P.U.D. from hiring the applicant at a later date, provided the applicant can show proof that he/she has satisfactorily completed (at his/her expense) a rehabilitation program approved by Fallbrook P.U.D. s guidelines or an established program approved by the MRO or SAP that meets DOT requirements set forth in 49 CFR Part 40 Subpart O. In this case, prior to being hired, applicant will submit to another controlled substance test. 2. Reasonable Suspicion Testing All safety-sensitive employees shall be subject to reasonable suspicion testing, to include appropriate urine and/or breath testing when there are reasons to believe that drug or alcohol use is adversely affecting job performance or the safety-sensitive employee has violated the Company s alcohol or drug prohibitions. A reasonable suspicion referral for testing will be made based on documented objective facts and circumstances that are consistent with chronic and short-term effects of controlled substances. Reasonable 58

59 suspicion tests for the presence of alcohol shall only be made during, just proceeding, or just after period of the workday. An employee may be directed to undergo a reasonable suspicion test while the employee is performing safety-sensitive functions, just before, or just after the employee has ceased performing safety-sensitive functions. For example, if an employee is having work performance problems or displaying behavior that may be alcohol or drug-related, or is otherwise demonstrating conduct that may be in violation of this policy where immediate management action is necessary, a supervisor will require the individual to submit to a breath and urinalysis test. A written record shall be made of the observations leading to a controlled substance or alcohol test within twenty-four (24) hours of the observed behavior or before the results of the test are released, whichever is earliest. Fallbrook P.U.D. will document accordingly all reasonable suspicion testing. Persons designated to determine whether reasonable suspicion exists will receive at least two hours of training to detect and document the physical, behavioral, speech, and performance indicators of alcohol misuse and controlled substance use. This will include at least 60 minutes of training on alcohol misuse and also at least an additional 60 minutes of training on controlled substances use. 3. Post-Accident Testing A Post-Accident Test will be required under the following circumstances using Federal Motor Carrier Safety Regulations 49 CFR Part as a guideline: (b) As soon as practicable following an accident involving a motor vehicle, a test for alcohol and controlled substances will be administered on each surviving safetysensitive employee: 1. Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or 2. Who receives a citation under State or local law for a moving traffic violation arising from the accident, if the accident involved: iii. iv. Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. 4. Non-Regulated Post-Accident Testing If an employee is in an accident that does not meet the FMCSA s criteria for a postaccident test, Fallbrook P.U.D. still may require the employee to take a post-accident test under Fallbrook P.U.D. s independent authority. A safety-sensitive employee must be tested for controlled substances use within 32 hours after the accident and for alcohol use within 8 hours after the accident has occurred. A safety-sensitive employee who leaves the scene of an accident before being tested or who is not available for testing is considered to have refused to take a test; but the safety- 59

60 sensitive employee may leave the scene to get help or emergency medical care. In the event of an accident, the safety-sensitive employee must contact the District as soon as possible to find out where to go to be tested. If an alcohol test is not administered within eight hours or if a drug test is not administered within 32 hours, the District shall prepare and maintain records explaining why the test was not conducted. Tests may not be given if not administered within 8 hours after an accident for alcohol or within 32 hours for drugs. If a law enforcement officer does not issue a citation within the specified time frame (8 hours for alcohol testing and 32 hours for controlled substance testing) Fallbrook P.U.D. will cease all attempts to conduct post-accident testing. Fallbrook P.U.D. will document accordingly all accidents involving safety-sensitive employee(s). Alcohol tests conducted by authorized federal, state, or local officials will fulfill postaccident testing requirements provided they conform to applicable legal requirements and are obtained by the District. Breath tests will validate only the alcohol test and cannot be used to fulfill controlled substance testing obligations. 4. Random Testing Tests shall be conducted on a random basis at unannounced times throughout the year. Tests for alcohol shall be conducted just before, during, or just after the performance of safety-sensitive duties. The number of random alcohol tests annually must equal a minimum of 10% of the average number of safety-sensitive employee positions. The number of random drug tests annually must equal at a minimum of 50% of the average number of safety-sensitive employee positions. Safety-sensitive employees shall be selected by a scientifically valid random process, matched with social security numbers or other unique identification numbers, and each safety-sensitive employee shall have an equal chance of being tested each time selections are made. The selected employee shall be notified and must proceed immediately to the testing site. If the selected safety-sensitive employee is off duty, on vacation or out on a medical leave of absence, the random selection can be maintained in confidence until the employee s return. 5. Return-to-Duty & Follow-Up Testing Any safety-sensitive employee who fails a drug test or tested at a 0.04 BAC or above on an alcohol test must pass a return-to-duty test(s). He/she also must be successfully enrolled in an approved rehabilitation program that a qualified Substance Abuse Professional (SAP) has recommended. Once the employee completes the recommended treatment, he/she will receive a final evaluation from the SAP. In order to be allowed to return to work in his/her safety-sensitive position, the safetysensitive employee must test negative on any return-to-duty drug test and less than 0.02 BAC on the alcohol test. The safety-sensitive employee must enroll in the rehabilitation and provide a negative test result within 30 days of the suspension from work for the positive test result. The safety-sensitive employee will then be subject to unannounced 60

61 drug and/or alcohol follow-up tests for up to 60 months after returning to work as determined by the SAP, with a minimum of at least six tests during the first 12 months. All expenses related to the cost of treatment or rehabilitation is the responsibility of the safety-sensitive employee, unless the employee has insurance that will cover the prescribed rehabilitation. IV. CONSEQUENCES FOR SAFETY-SENSITIVE EMPLOYEES ENGAGING IN SUBSTANCE USE-RELATED CONDUCT A. CONSEQUENCES OF POSITIVE TEST RESULTS If an employee fails a controlled substance test by a positive test result, refuses to test, or adulterates/substitutes a test, the employee will be immediately relieved of his/her safetysensitive duties, and Fallbrook P.U.D. will proceed with disciplinary actions that may include termination or refuse to hire such individual. The employee will be offered a Last Chance Agreement and suspended from duty until the following two requirements are completed: 1) proof of enrollment in an approved rehabilitation program, and 2) a negative return-to-duty test result is received (at employee's expense). The employee shall have a maximum of 30 days to complete those two requirements. If the employee does not agree to a Last Chance Agreement at the time of the verifiable positive test result, the employee will be given notice of termination (subject to notice and hearing). If the employee agrees to the Last Chance Agreement at the time of the positive test result but has not, within 30 days from the date of suspension, proven enrollment in an approved rehabilitation program and not provided a negative return-to-duty test result, the employee s resignation (a provision of the Last Chance Agreement) will be accepted and the employee terminated. Detection levels requiring a determination of a positive result shall be in accordance with the current guidelines specified in 49 CFR Part 40. The employee must show successful completion of an approved rehabilitation program within the time frame directed by the SAP. (If not, the employee s resignation will be accepted upon notice that the employee is no longer participating in the prescribed program.) A safety-sensitive employee, who violates Fallbrook P.U.D. prohibitions related to drugs and alcohol, shall receive from Fallbrook P.U.D., the name(s), address(s), and telephone number(s) of substance abuse professional(s) and counseling and treatment programs available to evaluate and resolve drug and alcohol-related problems. B. REMOVAL FROM SAFETY-SENSITIVE FUNCTION 61

62 No employee shall perform safety-sensitive functions, if the employee has engaged in conduct prohibited by this policy. Fallbrook P.U.D. shall not permit any employee to perform safety-sensitive functions, if Fallbrook P.U.D. has determined that the employee has violated any of the prohibitions stated in this policy. D. REQUIRED EVALUATION AND TESTING Any employee who has engaged in conduct prohibited by this policy will not perform safety-sensitive functions, unless the employee has met all the requirements of section (IV, A.) of this policy. V. RECORDS, TRAINING, AND EDUCATIONAL MATERIAL A. LOCATION OF RECORDS All required records shall be maintained in a secure location with limited access. Records shall be made available for inspection at the employer's principal place of business within two business days after a request has been made by a legally entitled source. B. TRAINING AND EDUCATIONAL MATERIAL Each safety-sensitive employee shall receive educational materials that explain the effects of alcohol and controlled substances use on an individual's health, work and personal life. The District also has a Designated Employer Representative (DER) who will be responsible for this program. Questions and/or concerns regarding this policy should be directed to the DER. For those supervisors participating in reasonable suspicion testing, there will be at least two hours of training to explain the criteria for reasonable suspicion testing, including at least one hour on the physical, behavioral and performance indicators of probable drug use and another hour on the physical behavioral, speech and performance indicators of probable alcohol misuse. C. DESIGNATED EMPLOYER REPRESENTATIVE Any questions regarding this policy or any other aspect of Fallbrook P.U.D. s Drug and Alcohol Testing Program should be directed to the office of the following Designated Employer Representative (DER). Name: Address: Casey Walters Larry Ragsdale 990 East Mission Fallbrook, CA

63 Telephone Number: A list of the vendors that Fallbrook P.U.D. is currently using for the purposes of drug and alcohol testing may be viewed by contacting your DER. D. REVISIONS TO THE POLICY AND PROGRAM This policy and program is subject to revision. VI. TESTING PROCEDURES A. GENERAL URINE SPECIMEN COLLECTION PROCEDURES A collector is a trained person who instructs and assists employees at a collection site, who receives and makes an initial inspection of the urine specimen provided by those employees, and who initiates and completes the Federal Drug Testing Custody and Control Form (CCF). The collector ensures the integrity of the specimen and collection process, and has to be sensitive to the employee s privacy. The following are the basic steps and guidelines used in a DOT urine drug screen collection: 15. A restroom or stall with a toilet is provided for the employee to have privacy while providing the urine specimen. A source of water for washing hands, or moist towelettes must be provided. 16. Unauthorized persons are not allowed at the testing site during the collection. 17. The collector will prepare the site, taping off water supplies, removing soap and cleaning agents, and will blue the toilet water. 18. The employee must provide appropriate identification (photo ID, or ID by a company representative) to the collector. The employee can request identification of the collector. (Must include only the collector s name and employer s name.) The collector fills in the Custody and Control Form. 19. The employee will remove any outer garments, leave handbags, etc. with the collector and empty their pockets. The employee is to wash hands prior to urination. (Refusal to do either of these two items is considered a refusal to test and will have the same consequences as a positive test result.) 20. The collector allows the employee to select the collection kit, and unwraps or breaks the seal on the container in the presence of the employee. 21. The collector instructs the employee to provide a specimen of at least 45 ml, not to flush the toilet, and to bring the specimen out to the collector. 22. The collector is to pay close attention to the employee during the entire process to note any conduct that clearly indicates an attempt to substitute or adulterate a specimen. 63

64 The collector ensures the temperature of the specimen falls within the prescribed range, checks the volume, and inspects the specimen for any unusual objects, color or smell. 23. After the employee hands the collection container to the collector, the collector unwraps or opens the specimen bottles. The collector pours at least 30 ml of urine from the collection container into one specimen bottle (A), and 15 ml into the other specimen bottle (B). The bottles are closed and the correct seals are placed over each cover. The collector writes the date on each seal and the employee initials under each date. 24. With the bottles now sealed with tamper-evident tape, the specimen does not have to be under the employee s direct observation and the employee is allowed to wash their hands again if they desire. 25. The collector completes the collector s portion of the Custody and Control Form, and has the employee complete the certification statement in step 5 of copy 2 of the CCF. 26. The collector places the specimen bottles and copy 1 of the CCF inside the plastic pouch and seals both pouches. The employee is given copy The excess urine is discarded and the specimen pouch is put in a shipping container. The employee is now allowed to leave the collection site. 28. The collector is responsible for ensuring the security and the integrity of the specimen until the courier picks up the specimen for transport to the laboratory. PROCEDURES WHEN EMPLOYEE CANNOT PRODUCE THE REQUIRED AMOUNT OF URINE (SHY BLADDER) The term shy bladder refers to a situation when the employee does not provide a sufficient amount of urine (45 ml) for a DOT required drug test. If an employee tells the collector, upon arrival at the collection site, that he or she cannot provide a specimen, the collector must still begin the collection procedure regardless of the reason given. The collector should tell the employee that most individuals can provide 45 ml of urine, even when they think they cannot urinate, and direct the employee to make the attempt to provide the specimen. If the employee provided an initial insufficient specimen, the collector discards the insufficient specimen, and makes a note on the CCF starting the time-line of the shy bladder procedure. The collector explains to the employee the process for a shy bladder collection and urges the employee to drink up to 40 ounces of fluids, distributed reasonably through a period of up to three hours, or until the individual has provided a sufficient urine specimen, whichever occurs first. The employee must be monitored during this time, and the collector must specifically tell the employee that they are not to leave the collection site. If the employee leaves the collection site or refuses to make the attempt to provide a sufficient urine specimen, this is considered a refusal to submit to a test. A refusal to test will carry the same consequences as a positive test result. 64

65 If the employee has not provided a sufficient specimen within three hours of the first unsuccessful attempt to provide a specimen, the collector must discontinue the collection, note the fact on the CCF, and immediately notify the DER that the employee s inability to provide a specimen will require a medical evaluation. Failure to produce a sample of urine will result in an immediate referral for an evaluation from a licensed physician who can determine in his or her reasonable judgment the safety-sensitive employee s inability to provide an adequate amount of urine. If no medical reason is found substantiating an inadequate sample, the incident will be treated as a refusal to test and will carry the same consequences as a positive test result. Whenever there is reason to believe that a particular individual has altered or substituted the urine specimen, a second specimen shall be obtained as soon as possible under direct observation of a same gender collection site person. Reasons for observed testing include temperature of the specimen out of normal range, discoloration or unusual odor of the sample or suspicious behavior. B. GENERAL BREATH ALCOHOL TESTING PROCEDURES A breath alcohol technician (BAT) is a person who has completed all necessary training and is qualified to perform a breath alcohol test. The BAT will instruct and assist the employee in providing a breath alcohol sample, and will complete the Federal DOT Breath Alcohol Testing Form (ATF). The BAT ensures the integrity of the test and testing process and has to be sensitive to the employee s privacy. The following are the basic steps and guidelines used in a breath alcohol test: 13. The collection site must afford visual and aural privacy to the employee, sufficient to prevent unauthorized persons from seeing or hearing test results. 14. The employee must provide appropriate identification (photo ID, or ID by a company representative) to the BAT. The employee can request the ID of the BAT. The BAT explains the testing process and completes step 1 of the ATF. 15. The BAT then directs the employee to complete step 2 of the ATF and sign the certification. If the employee refuses to sign this certification, the BAT will note this on the ATF, and immediately notify the DER. This is a refusal to submit. 16. The BAT will prepare the evidentiary breath-testing device (EBT), conduct an air blank test and obtain a new test number. The employee is to see the blank test is 0.0 and to confirm the test number for his/her test. 17. The BAT will select and open a sealed mouthpiece and insert it into the EBT. The employee is now instructed to blow forcefully into the mouthpiece until a sufficient amount of breath has been obtained. 18. If after two attempts an insufficient amount of breath is provided, the test is canceled, the result noted on the ATF, and the DER notified. Fallbrook P.U.D. will direct the employee to obtain, within five days, an evaluation from a licensed physician who has expertise in the medical issues raised by the employee's failure to provide a sufficient specimen. If the employee refuses to make any requested attempt to test, the technician 65

66 will discontinue the test, note the fact on the Remarks line of the ATF, and immediately notify the DER. This is a refusal to test. 19. The BAT will show the employee the test result and complete step 3 of the ATF. The printed result will be initialed by the employee and affixed to the ATF with tamper evident tape. The result will also be entered into the logbook. 20. If the test result is less than 0.02 the test is complete. The employee is given copy 2 of the ATF and is allowed to leave the test site. 21. If the initial screening test is greater than 0.02 breath alcohol content, the employee must submit to a confirmation test. 22. The employee must be observed for 15 minutes at which time they are not allowed to eat, drink, or put any substance in their mouth and to the best extent possible, not belch. This waiting period is required to prevent any accumulation of mouth alcohol leading to an artificially high reading. 23. After 15 minutes but before 30 minutes the employee will submit to a confirmation test conducted the same as the screening test. 24. The confirmation test results shall be deemed to be the final result upon which any action under operating administration rules shall be based. C. PRE-EMPLOYMENT TESTING PROCEDURES District policy requires that all applicants for employment in safety-sensitive positions or individuals being transferred to safety-sensitive positions from non-safety-sensitive positions must be given pre-employment drug tests. 5. Applicants may not be hired or assigned to a safety-sensitive function unless they pass a drug test. 6. Applicants will be informed in writing of the testing requirements prior to conducting the test. 7. All drug test results must be reviewed by the Medical Review Officer (MRO). 8. Applicants that initially test positive are notified of the results by the MRO and are given an opportunity to discuss the results. D. REASONABLE SUSPICION TESTING PROCEDURES District policy also requires a safety-sensitive employee to submit to a test when the employer has a reasonable suspicion that the safety-sensitive employee has used a prohibited drug or has misused alcohol as defined in the District policy. The request to undergo a reasonable suspicion test must be based on specific, contemporaneous, articulable observations concerning appearance, behavior, speech, or body odor of the safety-sensitive employee. 66

67 7. Designated employees with supervisory responsibilities shall receive training in order to identify behaviors that might be indicators of drug use and/or alcohol misuse. Training includes the procedures for how to deal with employees suspected of drug use and/or alcohol misuse. 8. If a supervisor observes behavior that might be indicative of drug use and/or alcohol misuse, the supervisor will direct the safety-sensitive employee to stop work and escorts the safety-sensitive employee to an area to be questioned and observed in private. 9. The supervisor must ensure that the safety-sensitive employee does not continue to operate in a safety-sensitive function after identified for reasonable suspicion testing. If there is a decision to test based on observable symptoms, the safetysensitive employee is ordered to submit to a drug and/or alcohol test and is taken to the collection site by an employer representative and at the completion of testing, an offer of transportation to home will be made. 10. If there is a confirmed breath alcohol test of between 0.02% or greater than less than 0.04% the safety-sensitive employee will be relieved from safety-sensitive duty immediately for a minimum of (24) hours or until the next scheduled work day. 11. If there is a confirmed breath alcohol test (0.04 or above) and /or confirmed positive drug test the safety-sensitive employee will be removed from his/her safety-sensitive duty immediately. A safety-sensitive employee cannot return to work until he/she has been released by a SAP, successfully completes the required rehabilitation, and passes a return-to-duty test(s). 12. If an alcohol test is not administered within two hours following the determination for reasonable suspicion testing, the supervisor shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If the alcohol test is not administered in eight hours following the determination for reasonable suspicion testing, the supervisor will cease all attempts and shall state the reasons for not administering the test. 7. A written record shall be made of the observations leading to a controlled substance or alcohol misuse reasonable suspicion test, and signed by the supervisor or company official who made the observations within 24 hours of the observed behavior or before the results of the controlled substance test are released, whichever is earlier. E. POST-ACCIDENT TESTING PROCEDURES District policy requires testing for prohibited drugs and alcohol in the case of certain commercial motor vehicle accidents. Post-accident testing is mandatory for accidents where there is a loss of human life and for other non-fatal accidents. 9. The supervisor ensures that all injured people receive proper medical care. 67

68 10. A post-accident test is determined by the following situations: Type of Accident Involved Citation Issued: Test Must be Performed: Human fatality YES YES NO YES Bodily injury with YES YES immediate medical treatment away from NO NO the scene. Disabling damage to YES YES any motor vehicle requiring tow away NO NO 11. Non-Regulated Post-Accident Testing If an employee is in an accident that does not meet the above criteria for a postaccident test, Fallbrook P.U.D. may still require the employee to take a postaccident test under Fallbrook P.U.D. s independent authority. 3. The safety-sensitive employee will be taken to the collection site and tested as soon as practicable following the accident. The breath alcohol test should be performed within two hours of the accident. If the breath alcohol test is not performed within two hours, the supervisor shall prepare and maintain on file a record stating the reasons why the test was not administered. If the breath alcohol test still cannot be administered within eight hours following the accident, the supervisor shall cease all attempts and update the records accordingly. The safety-sensitive employee should remain readily available for breath alcohol testing for up to eight hours following an accident and for drug testing up to 32 hours after the accident, including notifying his/her location, or he/she may be deemed to have refused to submit to testing. Fallbrook P.U.D. will document all accidents of employees and their decision whether to test under Fallbrook P.U.D. s authority. 12. If the safety-sensitive employee is injured and needs medical treatment, provisions will be made to perform an alcohol test within eight hours and a drug test within 32 hours of the accident. 13. The safety-sensitive employee is prohibited from using alcohol for eight hours, prior to testing. 14. Pending the results of a verified positive test, the safety-sensitive employee will be removed from their safety-sensitive position, if medically cleared to return to work, on a case-by-case basis. 15. If the safety-sensitive employee is tested for alcohol, and the test is positive (0.04 or greater), the safety-sensitive employee will be removed from duty and referred 68

69 to the SAP. If the test is , the safety-sensitive employee will be removed from duty for at least 24 hours. 16. If the safety-sensitive employee refuses to be tested or if the test is confirmed positive, the safety-sensitive employee is removed from duty and referred to the SAP. 17. Safety-sensitive employees who test positive for drugs or alcohol will be subject to disciplinary action up to and including termination. F. RANDOM TESTING PROCEDURES The District s policy requires random testing for prohibited drugs and alcohol misuse for all safety-sensitive employees. Random testing identifies employees who are using drugs or misusing alcohol but are able to use the predictability of other testing methods to escape detection. More importantly, it is widely believed that random testing serves as a strong deterrent against employees beginning or continuing prohibited drug use and misuse of alcohol while on the job. 11. Random drug and alcohol testing only applies to safety-sensitive employees. An identification number (commonly your SS #) will be included in a selection pool. 12. Random drug and alcohol testing is accomplished by a scientifically valid, tamperproof, computer-generated selection process. Fallbrook P.U.D. will randomly select individuals for testing through National Safety Compliance, Inc.'s (Third Party Administrator) random test selection program without showing discrimination. The program uses a special algorithm that helps to avoid potential concerns an employee may have concerning selection for a random test. When selected by random, safety-sensitive employees will submit to testing immediately at a pre-established place or "On Location" testing site. A surplus will be randomized to allow for selected employees who are not available. Not available is limited to employees who are not at work due to vacation, sick leave, disability, or scheduled time off. This does not mean that the employee cannot be tested when they return to work. 13. At the time of a random selection, a primary list containing the names of the covered employees selected for random drug and/or breath alcohol test is transmitted confidentially to the DER from the Third Party Administrator. No employee will be removed from the random pools following selection, and every employee will continue to be subject to selection throughout the year. Every employee in the random pool has an equal chance of being selected every time. 14. Random testing will be conducted during all hours of operation, all shifts, and all days of the week including weekends so long as Fallbrook P.U.D. is in operation or a safety-sensitive employee is conducting safety-sensitive functions. No shift is exempt from testing. 69

70 15. The total number of alcohol tests completed annually must equal at a minimum of 10% of the eligible safety-sensitive employees in the random pool. The total number of drug tests completed each year must equal at a minimum of 50% of the number of safety-sensitive employees. 16. Random drug testing may be conducted concurrently with random alcohol testing or at any time during an employee s shift. Random alcohol testing will be conducted just before the employee is scheduled to perform a safety-sensitive function, while the employee is performing safety-sensitive functions or just after the employee performs a safety-sensitive function. The employee must proceed to the test site immediately after being notified that he or she has been selected for testing. 17. A manager or supervisor will notify safety-sensitive employees of their random selection. If applicable, a supervisor shall document an employee s random test notification. Once notified, the safety-sensitive employee must submit to a drug and/or alcohol test. Failure to cooperate with the collection procedures, or failure to submit to the test in any way constitutes a refusal to test, which results in the same consequences as a positive test result. 18. If there is a confirmation breath alcohol test of between 0.02% or greater but less than 0.04%, the safety-sensitive employee will be relieved from duty immediately. The safety-sensitive employee will not be permitted to perform or continue to perform safety-sensitive functions, until the start of the safety-sensitive employee s next regularly scheduled duty period, but not less than 24 hours following administration of the test. 19. If there is a confirmed positive breath alcohol test (0.04% or above) and/or confirmed positive drug test, the employee will be removed from safety-sensitive duty immediately. The safety-sensitive employee cannot return to work until he/she has been released by a SAP, successfully completes the required rehabilitation, and passes a return-to-duty test. 20. Safety-sensitive employees who test positive for drugs or alcohol will be subject to disciplinary action up to and including termination. If, for some reason an employee who has been selected for a random test, but is not able to take the test during the testing period, documentation will be made and forwarded to the Third Party Administrator for proper documentation of why the test was not performed. G. RETURN-TO-DUTY AND FOLLOW-UP TESTING PROCEDURES Before any safety-sensitive employee can be allowed to return-to- duty to perform a safety-sensitive function following a verified positive drug test, a positive breath alcohol test, a refusal to submit to a test, or engaging in conduct prohibited by the regulations regarding alcohol misuse or controlled substance use, the safety-sensitive employee must first be evaluated by a Substance Abuse Professional (SAP) and pass the return-to-duty test ordered by the SAP. 70

71 Return-to-duty Testing 3. If a safety-sensitive employee tests positive (0.04 >) for alcohol or positive for prohibited drugs, refuses to test, or substitutes/adulterates his/her specimen, the SAP must evaluate the employee and prescribe a rehabilitation program the employee must complete. The employee will be re-evaluated by the SAP to determine whether the employee may be released to be considered for return to a safety-sensitive position. 4. The SAP or DER will schedule the safety-sensitive employee for a return-to-duty drug test and/or breath alcohol test. If the return to duty test(s) is negative, the employee can be returned back to perform safety-sensitive functions. If the returnto-duty drug and/or alcohol test is positive, it counts as a second positive. 5. If the return-to-duty drug test is positive, a split sample can be analyzed if requested by the safety-sensitive employee within 72 hours of being notified of the positive result. The result will be reviewed by the MRO. If it is verified positive, the safety-sensitive employee will not be returned to duty and the test is considered a second positive. 6. Safety-sensitive employees who test positive for drugs or alcohol on a return-toduty test will be subject to disciplinary action up to and including termination. Follow-up Testing 4. Once an employee returns to a safety-sensitive position, the employee shall be subject to unannounced follow-up testing for at least 1 year but no more than 60 months. The type, frequency and duration of the follow-up testing will be recommended by the SAP; however, a minimum of six tests shall be performed during the first 12 months after the safety-sensitive employee has been returned to duty. Follow-up testing does not exclude an employee from the random testing program. This means that a safety-sensitive employee is subject to random testing as well as follow-up testing and both could occur at the same time or the same day or thereafter. 5. Follow-up alcohol testing shall be performed either just before, during or just after the safety-sensitive employee performs a safety-sensitive function. 6. If any follow-up drug and/or alcohol test is verified positive, the safety-sensitive employee will be immediately removed from the safety-sensitive position. Disciplinary action will be imposed up to and including termination. 71

72 EXHIBIT A SIGNS AND SYMPTOMS OF PROHIBITED DRUGS 4. AMPHETAMINES are central nervous system stimulants that tend to make people hyper or jumpy. They are often used by drivers to stay awake and to counteract the effects of drowsiness, and are especially dangerous to take while driving. They are taken either orally or injected. Signs and Symptoms: hypersensitivity, exhaustion, dilated pupils, grinding teeth, sweating, loss of appetite, dry mouth, excessive talking. Effects on Driving and Working Safely: impaired judgment, more likely to take risks, delayed reaction time, tendency to over-steer or over-brake, impaired coordination. 5. COCAINE is a stimulant to the central nervous system and gives the user an intense feeling of well-being or euphoria. A more potent form of cocaine is crack cocaine which is especially dangerous, addicting, and can cause death the first time it is used. Cocaine is used by inhaling, injecting or snorting. Signs and Symptoms: mood swings, weight loss, depression, nosebleeds, bad breath, restlessness, irritability, euphoria, uncontrollable sniffing. Effects on Driving and Working Safely: slowed reaction time, distorted vision and depth perception, unable to measure time and distance accurately. 6. MARIJUANA is a depressant and mind altering drug that causes hallucinations in the brain. Impairment of reflexes and thought processes can last more than 24 hours after use. When taken with alcohol, the effects of both are magnified greatly. Marijuana is either smoked or eaten. Signs and Symptoms: dilated pupils, giddiness, mood swings, slowed reflexes, slowed thinking, short-term memory loss, and reduced concentration. Effects on Driving and Working Safely: slowed reaction time, driving slower than speed limit, slows driver s reflexes, poor concentration, impaired visual tracking and depth perception. 72

73 4. OPIATES are classified as a narcotic analgesic that tends to have a sedating, calming effect, and act as a depressant to the central nervous system. Opiates are prescribed for pain relief by doctors, however the abuser will use the drug to relax and escape. Some opiates have serious side effects such as nervousness, nausea and restlessness. Opiates are taken either orally, injected, or smoked. Signs and Symptoms: mental confusion, memory loss, slurred speech, hostility, drowsiness, depression, euphoria, and reduced feeling of pain. Effects on Driving and Working Safely: lack of concentration, distorted vision and distorted sense of time and distance. 5. PHENCYCLIDINE (PCP) is commonly called Angel Dust and is a disassociative anesthetic. Users of PCP may experience hallucinations, confusion, and lack of coordination with long-term effects of psychotic behavior with violent acts. PCP may be smoked, snorted, or injected. Signs and Symptoms: delusions, confusion, panic, anxiety and increased blood pressure. Effects on Driving and Working Safely: impaired coordination, more likely to take risks, and aggressive actions with vehicle. 6. ALCOHOL is a socially accepted drug, however as a depressant it slows down physical responses and progressively impairs mental functions. When it is consumed for its physical and mood altering effects, it is a substance of abuse. Long term abuse causes fatal organ diseases, cancer, decreased sexual functioning and birth defects. Impairment is related to many factors including: gender, body size and weight, being healthy, rested vs. tired and even location (altitude). Signs and Symptoms: slowed reaction rate, slurred speech, odor of alcohol on breath, lack of coordination, dulled mental processes. Effects on Driving and Working Safely: blurred vision, slowed reaction times, impaired judgment, aggressiveness, and drowsiness. 73

74 EXHIBIT B Fallbrook P.U.D. Drug and Alcohol Testing Vendors Third Party Administrator National Safety Compliance, Inc. P.O. Box 3160 Laguna Hills, CA Phone (949) Fax (949) SAMHSA-Certified Laboratory Quest Diagnostics Laboratory 7600 Tyrone Avenue Van Nuys, CA (800) (800) MEDTOX Laboratories 402 W. County Rd D St Paul, MN (800) Pacific Toxicology Laboratories 9348 De Soto Avenue Charsworth, CA (800) On-Site Collector National Safety Compliance, Inc. On-Site Mobile Unit P.O. Box 3160 Laguna Hills, CA (949) Substance Abuse Professional National SAP Network 1481 Ford Street Ste. 201 Redland, CA (800) Medical Review Officer Ben Gerson, M.D. University Services Decatur Rd., Ste. 200 Philadelphia, PA Phone (215) Fax (215) Employee Assistance Program Wellpoint 9655 Granite Ridge Drive, 6 th Floor San Diego, CA (800) Off-Site Collector (Clinic) HealthPointe Old Town Front St. #104 Temecula, CA Quest Lab Rancho Pueblo Road, Ste. 104 Temecula, CA (951) Designated Employer Representative Fallbrook P.U.D. 990 East Mission Fallbrook, CA Larry Ragsdale (Primary) Casey Walters (Secondary) (760)

75 EXHIBIT C List of Categories of Safety-Sensitive Positions All classifications designated as water worker or sanitary worker for the purpose of workers compensation insurance coverage, including, but not limited to: Backflow/Cross-Connection Tech Chief Plant Operator Warehouse/Shop Supervisor Warehouse/Purchasing Specialist Chief System Operator Drought Management Coordinator Engineering Tech I, II & III Environmental Compliance Tech Equipment Mechanic Equipment Technician Foreman GIS Specialist Instrumentation & Control Specialist Laboratory Tech I & II Lead Plant Operator Lead System Operator Maintenance Electrician Mechanical Technician Operations Technician Plant Maintenance Worker Plant Operator I-T, I & II System Operator I & II Utility Technician 75

76 Utility Worker I & II 76

77 ACKNOWLEDGMENT OF RECEIPT AND UNDERSTANDING - I hereby acknowledge receipt of Fallbrook P.U.D. Controlled Substance and Alcohol Misuse Drug and Alcohol Testing Policy for Non-DOT Safety Sensitive employees. I understand that it is my responsibility to familiarize myself with the policy and its requirements and seek appropriate guidance or explanation if needed. I also understand that the provisions of this policy are part of the terms and conditions of my employment, and that I agree to abide by them. THE UNDERSIGNED STATES THAT HE OR SHE HAS READ THE FOREGOING ACKNOWLEDGEMENT AND UNDERSTANDS THE CONTENTS THEREOF. DATE EMPLOYEE S SIGNATURE Revised August EMPLOYEE S NAME (printed) Please complete and return this form immediately to your Designated Employer Representative. 77