Personnel Regulation 22: DOT Drug and Alcohol Policy for Safety Sensitive Positions

1. A vehicle with a gross combination weight of at least 26,001 pounds inclusive of a towed unit with a gross vehicle rating of more than 10,000 pounds;

2. A vehicle with a gross vehicle weight of at least 26,001 pounds;

3. A vehicle designed to transport 16 or more passengers, including the driver; or

4. A vehicle designed to transport those hazardous materials found in the Hazardous Materials Transportation Act.

1. Amphetamines

2. Cannabinoids [Marijuana]

3. Cocaine

4. Opiates

5. Phencyclidine [PCP]

1. Reporting for duty or remaining on duty requiring the performance of safety sensitive functions while having an alcohol concentration level of 0.04 or greater. Performance means actually performing, ready to perform, or immediately available to perform any safety sensitive function;

2. Performing a safety sensitive function within four hours of using alcohol;

3. Being on duty or operating a vehicle described in Section III above, while possessing alcohol;

4. Using alcohol while performing a safety sensitive function;

5. Reporting for duty or remaining on duty requiring the performance of safety sensitive functions when the employee used any controlled substance, except if the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a vehicle;

6. Reporting for duty or remaining on duty requiring the performance of safety sensitive functions if the employee tests positive for controlled substances;

7. Refusing to submit to any alcohol or controlled substance test required by this policy. A covered employee who refuses to submit to a required drug/alcohol test will be treated in the same manner as an employee who tested 0.04 or greater on an alcohol test or tested positive on a controlled substance test;

1. A refusal to provide a breath sample for an alcohol test or a urine sample for a drug test;

2. An inability to provide an adequate breath or urine sample without a valid medical explanation;

3. A refusal to complete and sign the breath alcohol or drug testing form or to otherwise cooperate with the testing process in a way that prevents the completion of the test;

4. Tampering with or attempting to adulterate the specimen or collection procedure;

5. Not reporting to the collection site in the time allotted by the supervisor or manager who directs the employee to be tested;

6. Leaving the scene of an accident without a valid reason as to why authorization from a supervisor or manager who shall make a determination whether to send the employee for a post-accident drug and/or alcohol test was not obtained;

7. Consuming alcohol during the eight hours immediately following an accident, unless that employee has been informed that his/her actions have been discounted as a contributing factor, or if the employee has been tested.

1. Post accident drug and alcohol testing will be conducted on employees following an accident (see definition of accident above) where the employee’s performance cannot be discounted as a contributing factor. The decision as to whether or not the employee’s performance can be discounted will be that of a supervisory or management employee. The presumption is for testing. The only reason an employee will not be tested following an accident is if a determination is made the employee’s performance could not have been a contributing factor.

2. If a fatality occurs, or bodily injury occurs or a vehicle suffers disabling damage, the employee will be tested irrespective of whether his/her involvement may be discounted.

3. Post-accident alcohol tests shall be administered within two hours following an accident and no test may be administered after eight hours. If the alcohol test is not performed within two hours, the employer must provide written documentation as to why the test was not promptly conducted. A post-accident drug test shall be conducted within 32 hours following the accident. If the post-accident drug test is not conducted within 32 hours following the accident, the employer must provide written documentation as to why.

1. Covered employees will be subject to random alcohol and drug testing as follows:

2. A random alcohol test will be administered just prior to the employee performing a safety-sensitive function (i.e. driving), while the employee is performing a safety-sensitive function, or just after the employee has stopped performing a safety-sensitive function. Consistent with Federal law, the County will subject at least 25% of the total number of covered employees to random alcohol testing per year.

3. Consistent with Federal law, a random drug test will be administered to at least 50% of the total number of covered employees per year. Some employees may be tested more than once a year, while others are not tested at all depending upon the random selection.

4. On the date an employee is selected for random drug testing, his/her supervisor will ensure his/her duties are covered. The employee will receive a written notice in the morning indicating the time he/she is to report to the lab for testing. On the day of the random drug test, the County will provide a lunchtime meal reimbursement to any employee required to go for testing.

1. Covered employees are also required to submit to an alcohol or drug test when a trained supervisor has reasonable suspicion to believe that the employee is under the influence of alcohol or controlled substance. The observation must be based on short-term indicators, such as, but not limited to, blurry eyes, slurring of speech, or alcohol on the breath. The supervisor may not rely on long-term signs such as absenteeism or tardiness alone to support the need for a reasonable suspicion test. Although only one trained supervisor is needed to determine reasonable suspicion, when practicable another trained supervisor may be called upon by the suspecting supervisor to observe the indicator(s).

2. The reasonable suspicion test will be administered within two hours of the observation. If not, the employer must provide written documentation as to why the test was not promptly conducted. No test may be administered after eight hours following the observation.

3. To ensure that supervisors are trained to make reasonable suspicion determination, supervisors vested with the authority to demand a reasonable suspicion drug and alcohol test will attend at least one hour of training on alcohol misuse and at least one hour of training on controlled substance misuse. The training will cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances.

1. Alcohol testing will be conducted by a trained breath alcohol technician (BAT) by using an evidential breath testing device (EBT) approved by the National Highway Traffic Safety Administration.

2. A screening test will be conducted first. If the result is an alcohol concentration level of less than 0.02, the test is considered a negative test. If the alcohol concentration level is 0.02 or more, a second confirmation test will be conducted.

3. The procedures that will be utilized by the lab for collection and testing of the specimen will comply with the regulations set forth in federal law.

1. Drug testing will be conducted pursuant to the procedures set forth in federal law.

2. If the urinalysis of the primary specimen tests positive for the presence of illegal, controlled substances or is determined to have been adulterated or substituted, the employee has 72 hours to request that the split specimen be analyzed.

3. All drug tests will be reviewed and interpreted by a physician (Medical Review Officer) before they are reported to the employee and the County.

4. With all positive drug tests, the physician (Medical Review Officer) will first contact the employee to determine if there is an alternative medical explanation for the positive test result. If documentation is provided and the Medical Review Officer determines that there was a legitimate medical use for the prohibited drug, the test results may be reported to the County as negative.

1. Must be removed from performing any safety-sensitive function;

2. Must submit to an examination by a substance abuse professional. Upon a determination by the substance abuse professional, the employee may be required to undergo treatment to cure his/her alcohol or drug abuse. The County is not required to pay for this treatment.

3. May not be returned to his/her former safety-sensitive position until the employee submits to a return-to-duty controlled substance and/or alcohol test (depending on which test the employee failed) which indicates an alcohol concentration level of less that 0.02 or a negative result on a controlled substance test;

4. Will be required to submit to unannounced follow-up testing after he/she has been returned to his/her safety-sensitive position. (See 22.7.E, above.)

5. The employee will not be paid for any time he/she is unable to work because of failure to pass an alcohol or drug test.