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