Chapter 16 DRUG & ALCOHOL TESTING

Transcription

1 Chapter 16 DRUG & ALCOHOL TESTING

2 Chapter 16 Table of Contents Chapter 16 DRUG & ALCOHOL TESTING DRUG AND ALCOHOL TESTING Testing Program Guidelines and Procedures for Drug/Alcohol Testing Introduction Effective Date Types Of Testing Types Of Motor Vehicle Requiring CDL Types Of Drugs Tested Results Of Positive Test Results Of Refusal To Test Testing Methods Confirmation Test For Drugs For Alcohol Consequences Of Alcohol Test Random Testing Post Accident Testing Ability To Test Post Accident Reasonable Suspicion Testing Follow-Up Testing Pre Employment, Pre Duty Test Use Of Alcohol Use Of Drugs Retention Of Records Management Information System Employee Training Medical Review Officer Release Of Test Information By Previous Employers Conclusion

3 DRUG AND ALCOHOL TESTING Testing Program Information for guidelines and procedures for compliance with federal and state laws regarding drug and alcohol testing for school districts is included in this section. This information is provided to you along with the results of studies and contact numbers for organizations that may be helpful. Please refer to this should you have any questions about testing. The present location for testing is Bus Shop # 1 in Woodstock and Bus Shop # 2 in Canton. Refer to the following procedures concerning drug and alcohol testing. Guidelines and Procedures for Drug/Alcohol Testing Administration Regulations Introduction Federal Law (Omnibus Transportation Employee Testing Act of 1991) and Georgia Law (H. B. 372) and Georgia Board of Education Rule 16O~ require that local school districts test for alcohol abuse and use of controlled substances of all employees whose job assignments require them to have a Commercial Driver s License (CDL). This guideline, for the sake of clarity, will refer to these as drivers but will include full time bus drivers, monitors, mechanics, coaches, teachers, substitutes, occasional drivers, staff, maintenance and warehouse personnel required to drive a CDL vehicle and maintain a CDL. These personnel are referred to as performing safety sensitive job functions. For additional information see the Georgia Department of Education Pupil Transport Guide for Alcohol and Drug Testing. The Director of Transportation is designated to answer any questions that any employee who operates a commercial vehicle may have about Alcohol and Controlled Substance Testing and the materials distributed regarding Alcohol and Drug Abuse. Effective Date School systems with fifty or more covered employees on March 17, 1994, must be in compliance beginning January 1, Types Of Testing Testing of alcohol and drugs will include the following: 1. Pre-employment (Any persons employed after January 1, 1995) 2. Pre-duty (Any persons returning as a driver after a break in service) 3. Random 4. Reasonable Suspicion or Probable Cause 5. Post Accident 6. Follow Up Types Of Motor Vehicle Requiring CDL A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle - 1. 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 2. Has a gross vehicle weight rating of 26,001 or more pounds; or 3. Is designed to transport 16 or more passengers, including the driver; or 4. Is of any size and is used in the transportation of hazardous materials requiring placards. 16-3

4 Types Of Drugs Tested Testing will include: 1. Marijuana 2. Cocaine 3. Opiates 4. Phencyclidine (PCP) 5. Amphetamines And Methamphetamine 6. Alcohol 7. Others that may be defined by DOT at a later date. Test will be conducted for use of drugs considered to be a controlled substance included in Schedule I or II as defined by Section 802 (6) of title 21 of the U.S. Code. The possession of which is unlawful under Chapter 13 of that title. Results Of Positive Test Applicants who test positive for these drugs will not be considered for employment in the school system. Drivers who test positive for drugs or.04 or greater for alcohol will be terminated in accordance to OCGA (A). Results Of Refusal To Test Employees who are required to test for drugs and/or alcohol as prescribed by these policies and refuse to submit to such test will be treated as if they registered a positive test. This includes conduct that clearly obstructs the testing process or provides an adulterated sample. The employee shall then be terminated in accordance to OCGA (C). Testing Methods Split sample urinalysis will be used to test for drugs. The laboratory must be NIDA, DHHS (SAMHSA) certified. Emit screen and GC/MS confirmation of positive sample. A Medical Review Officer (MRO) will review and interview positives and suspicious negatives and report to the system representative. Alcohol testing will be done with an Evidential Breath Testing (EBT) device approved by the National Highway Transportation Safety Administration (NHTSA) and operated by a trained Breath Alcohol Technician (BAT). Confirmation Test For Drugs If a positive test results after a GC/MS test and is confirmed by a MRO, the test is confirmed. If the employee requests, the second half of the split sample can be retested at the employee s expense by another NIDA laboratory. This test, however, will remove all minimal acceptable levels and report positive with any trace of the testable controlled substance. A separate or new sample will not be tested. This test is independent of the screen test and uses a different technique and chemical principle from the screen test in order to ensure reliability and accuracy. For Alcohol Testing will be conducted by a trained Breath Alcohol Technician with a certified Evidential Breath Testing device. This test will be conducted immediately before, during, or immediately after performing the safetysensitive job. This may include when conducting required equipment inspections, waiting to be dispatched, loading and unloading, all driving times, following an accident or requested by probable cause supervisor. If an employee tests.00 to.019, the test results will be considered negative and no 16-4

5 further testing is required. A test of.02 to.039 will be considered suspicious and will require a confirmation test. A test of.04 will be considered positive and will require a confirmation test. A confirmation breath test will require the employee to wait a minimum of fifteen (15) and maximum of twenty (20) minutes for retesting of positive readings. During this time the BAT must closely watch the employee and assure nothing is taken by mouth including water, chewing gum, mouthwash, cigarette smoking, food, etc. Taking something by mouth will allow any residual mouth alcohol concentration levels to fall. The confirmation test results will determine the outcome of the test. Consequences will be attached only to the confirmation test. Consequences Of Alcohol Test If an employee tests.00 to.019 blood alcohol on the EBT device, the result will be negative. If an employee tests.020 to.039 blood alcohol after a confirmation test, the employee will be removed from duty a minimum of 24 hours. A driver found to have any measurable alcohol in his or her system during the school day shall be subject to disciplinary action at the discretion of the local board. Upon returning to duty, follow up testing will be implemented. If an employee tests.04 or greater blood alcohol after a confirmation test, the employee will be removed from the safety-sensitive job. In the case of drivers, substitutes, mechanics or other employees requiring a CDL for employment this will require termination as specified in OCGA (B). Random Testing Random testing for alcohol abuse and use of controlled substances shall be unannounced and conducted at least quarterly. However, the system may choose to conduct testing at a more frequent interval. Selection of drivers to be tested shall be made by a scientifically valid method that insures each covered employee has an equal chance of being tested each time selection is made (i.e. computer based selection). This will be conducted by a neutral third party. Employees who are notified that they have been selected for random testing shall proceed immediately to the test site. Drivers will be tested for alcohol immediately before driving or immediately after performing safety-sensitive functions. For use of controlled substances, fifty percent (50%) of drivers shall be chosen for random testing each calendar year. For alcohol abuse, twenty five percent (25%) of drivers shall be chosen for random testing each calendar year. Employees selected that are on extended medical leave may be returned to the pool and another driver selected for testing or the original selection kept confidential until the driver returns. The school board recognizes the need to protect individual dignity, privacy and confidentiality in the program. Post Accident Testing In the event of an accident, as defined by the DOT, involving a school district bus or other commercial vehicle, the driver will be drug and alcohol tested if; 1. There is a fatality. 2. The driver receives a written citation for a moving violation (i.e. failure to yield, following too closely, etc.). This test will be conducted within two hours after the accident. If it is not possible to administer the test, a record stating the reason the test was not promptly administered will be maintained on file. Testing will continue to be attempted up to eight hours (8) following the accident and then discontinued. Drug testing will be attempted up to thirty-two hours (32) after the accident. This policy shall not be construed to require the delay of necessary medical attention or to prevent a driver from leaving the scene of an 16-5

6 accident for a period necessary to obtain assistance in responding to the accident. If necessary, a forensic blood test may be conducted at the closest available hospital. The employer shall provide the drivers with necessary post accident information and procedures so the driver will be able to comply with the requirements of this rule. Ability To Test Post Accident Employees involved in an accident will remain ready and available to be tested eight (8) hours for alcohol and thirty-two (32) hours for controlled substances following an accident. Reasonable Suspicion Testing Reasonable suspicion shall be cause for a driver to be required to undergo testing for alcohol abuse and/or controlled substances. Reasonable suspicion must be based upon specific, descriptive observations by a qualified supervisor concerning the appearance, behavior, speech or body odor of a driver or indications of the withdrawal effects of controlled substances. These observations will be made during, just preceding or just after performing their job. Reasonable suspicion testing cannot be conducted entirely on anonymous calls or third party information. Persons designated to be qualified to determine whether reasonable suspicion exists must have received at least sixty (60) minutes of training on alcohol misuse and at least sixty (60) minutes of training on controlled substance misuse. This training must cover physical, behavioral, speech and performance indicators of probable misuse. A reasonable suspicion supervisor cannot conduct the testing procedures. Testing will be conducted within two hours. Failure to test will require written explanation held on file. Efforts to test up to eight hours will continue. An employer can remove an employee from a safety sensitive position for eight hours without a test. Harassment will be monitored by the review of records to see the number of times a person in question is tested without positive results. Follow-Up Testing In the event it is determined that a driver tests.02 to.039 blood alcohol with a confirmation test, the driver: 1. Will not be allowed to drive a minimum of 24 hours. 2. May be provided with names and numbers of organizations and agencies associated with resolving problems associated with a misuse of alcohol 3. Who is found to have any measurable alcohol in his or her system during the school day shall be subject to disciplinary action at the discretion of the local board. Upon returning to duty, follow up testing will be implemented. 4. Will be subjected to unannounced follow-up testing administered at least six (6) times during the first twelve (12) months following return to duty. Pre Employment, Pre Duty Test All employees hired prior to January 1, 1995, will be grand-fathered into the system and will not require pre-employment testing. Employees hired after January 1, 1995, will be required to successfully pass alcohol and controlled substance testing prior to employment. Employees who are changed to a safety-sensitive position after January 1, 1995, must test negative. Employees who have been out of the testing pool and come back in, (i.e. a coach who dropped certification and decided to return) must test negative on a return to duty test. Except as otherwise specified in Federal Regulation ( ), written documentation must be provided by the candidate for employment to substantiate the exception. Use Of Alcohol Alcohol can not be consumed four (4) hours or less prior to driving. This includes various cough medicines containing alcohol (i.e. Nyquil, Robetussin, etc.). Alcohol cannot be in the possession of an 16-6

7 employee while on school property, including in the commercial vehicle. Violation will be subject to disciplinary action up to and including termination. Use Of Drugs Prescription and non-prescription medication may result in a positive drug screen test. Federal law regulates the use of these medications including the use, transfer, and improper use of prescriptions including using another person s medicine. It is the responsibility of the employee to discuss with their doctor or pharmacist the use of these drugs and indicate to them the safety-sensitivity job performed and the requirements of the testing program. In many cases a change of prescriptions or explanation in writing may resolve any problems. In the event of a positive test, a medical review officer must complete an investigation as to the reason for the positive test. Once satisfied by the physician, this test may be released as a negative. Nonprescription medication may also result in a positive test. Following doctor s instructions and label directions allow an MRO to make sound decisions. Many other forms of controlled substances not tested at this time can adversely affect judgment, vision, equilibrium, reflexes, moods, etc. It is the responsibility of the employee to assure that performance is not impaired in any way through testable and non-testable medications and controlled substances. Drivers shall be required to inform their supervisor of any therapeutic drug use. Retention Of Records Records will be retained in a secure location with controlled access. If records are stored in a filing cabinet, this will remain locked. Records stored on computers will be accessed only with restricted passwords. Records related to the collection process and training will be retained for a minimum of two years. Negative test results records will be retained for a minimum of one year. Additional record-keeping requirements are: 1. Employers are to retain, for a minimum of five years, those records of any employee alcohol test results indicating an alcohol concentration of 0.02 or greater; documentation of refusal to take required drug and alcohol tests; equipment calibration documentation; and, documentation of employee evaluations and referrals. 2. Records related to the collection process and training will be retained for a minimum of two years. 3. Negative test results records will be retained for a minimum of one year. 4. The rules require each employer to maintain the following specific records: a. Records related to the collection process, including: collection logbooks, documents related to the random selection process; EBT equipment calibration documentation; documentation of BAT training; documents generated in connection with decisions to administer reasonable suspicion and post-accident tests; and, documents verifying existence of a medical explanation of employee s inability to provide adequate breath for testing. b. Records related to test results, to the refusal of any covered employee to submit to a required alcohol or drug test and to an employee dispute over the result of an alcohol or drug test. c. Records related to violations of the rules (i.e. not testing within two hours post accident). d. Records related to evaluation and return to duty. e. Records related to education and training. An employer must prepare and maintain an annual summary of the results of its alcohol and controlled substances testing program. This report shall be completed by March 15 each year, covering the previous year. 16-7

8 Management Information System Each year in January, the Federal Highway Administration (FHWA) will notify a select number of employers to submit its calendar year summary of alcohol and controlled substances test results. The report shall contain all information outlined in 49 CFT Part This information is only required to be submitted when requested by the FHWA. If not requested, the annual calendar year summary shall be maintained by the employer for a period of five years. Employee Training Employers will be required to give covered employees alcohol and drug misuse information. The employer shall provide materials that explain the requirements of the Federal Drug and Alcohol testing requirements and the employer s policies and procedures. These materials are to include: 1. The identity of the person designated by the employer to answer driver questions about the materials. 2. Which drivers are subject to the alcohol misuse and controlled substances requirements? 3. Explanation of what constitutes a safety-sensitive function, so as to make clear what period of the work day the driver is required to be in compliance. 4. Specific information concerning driver conduct that is prohibited. 5. The circumstances under which a driver will be tested for alcohol and/or controlled substances. 6. The procedures that will be used to test for the presence of alcohol and controlled substances. 7. The requirement that a driver submit to alcohol and controlled substance test. 8. An explanation of what constitutes a refusal to submit to an alcohol or controlled substance test. 9. The consequences for drivers found to have violated the prohibitions of this rule, including the immediate removal of the driver from safety-sensitive functions. 10. The consequences for drivers found to have an alcohol concentration level of 0.02 or greater, but less than 0.04 Medical Review Officer A Medical Review Officer is a licensed physician with special training in alcohol and substance misuse. The MRO is contracted separately from the laboratory and is responsible for receiving results from the laboratory. The MRO will interpret and evaluate a driver s confirmed positive test results. Using medical history and other biomedical information the MRO will report to the system: 1. That the controlled substance test being reported is in accordance with 49CFR part The name of the individual being tested. 3. Type of test (i.e. random, pre-employment etc.). 4. Date and location of collection and persons responsible for the collection process. 5. Verified results of the controlled substance test (positive or negative). If positive results, the identity of the controlled substance for which the test was verified positive. Release Of Test Information By Previous Employers Information concerning the participation in a DOT Drug and Alcohol Testing Program may be obtained by a present employer from a previous employer provided the employee gives written consent. This information can include the past two years and must be reviewed no later than fourteen (14) days after the first time driving a CDL vehicle. The prospective employee may not drive if information indicates the driver tested positive for controlled substances or.04 or greater blood alcohol or refused to test. Previous employers should report if there were no positive test results during the employment. 16-8

9 Conclusion It is the responsibility of the Cherokee County Board of Education to ensure the best trained, best qualified drivers are chosen to be employees. It also is the Board s responsibility to ensure the safety of all students, employees and the public. The use of alcohol and controlled substances can and will distract from this. Therefore, a strong testing program, In-service, Drug and Alcohol Misuse/Awareness programs will be implemented. Rules and regulations concerning this matter are located and may be specific in the following Board of Education Policy GAM/GCRA, Administrative Guidelines GAM, State Law H. B. 372, State Board Policy and the Omnibus Transportation Employee Testing Act (49 CFR Part 40) of This information is contained in the Federal Register dated February 15,

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