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HomeMy WebLinkAbout96-002RESOLUTION ESTABLISHING IMPLEMENTATION OF THE BUTTE COUNTY POLICY FOR TESTING FOR ALCOHOL MISUSE AND CONTROLLED SUBSTANCES USE WFIEREAS, effective January 1, 1995, the County of Butte must comply with the United States Department of Transportation regulations implementing the Federal Omnibus Transportation Employee Testing Act of 1991, by adoption of a policy to implement a program of testing for alcohol misuse and controlled substance use by employees with commercial driver's licenses. WHEREAS, the County staffhas developed such a policy and has rnet and conferred with the representatives of the affected employee associations regarding the implementation of the policy; WHEREAS, a complete copy of the policy is attached; NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, to adopt the attached Butte County Policy for Testing for Alcohol Misuse and Controlled Substances Use. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte this 9th day of .Ianuary , 1996, by the following vote: AYES: Supervisors Meyer, Dolan, Houx, Thomas and Chair McLaughlin NOES: None ABSENT: Nano NOT VOTING: None EDWARD MCLAUGHLIN;; hairman of the Board of Supervisors ATTEST: JOHN BLACKLOCK, Clerk of the Board of Supervisors BY: ~ ~ ~ . COUNTY OF BUTTE POLICY FOR TESTING FOR ALCOHOL MISUSE AND CONTROLLED SUBSTANCES USE Effective January 1, 1995, the County of Butte {County) must comply with the United States Department of Transportation regulations implementing the Federal Omnibus Transportation Employee Testing Act of 1991. Specifically, the County must comply with the regulations of the Federal Highway Administration (FHVVA). Adoption of a policy to implement a program of testing for alcohol misuse and controlled substance use by employees with commercial driver's licenses is one of the County's obligations under these regulations. Such program is intended to help prevent accidents and injuries resulting from such misuse and use, as well as to reduce the County's liability for such accidents and injuries. A. DEFINITIONS. Applicable definitions are found in the Code of Federal Regulations (CFR) Parts 49 CFR 382, 49 CFR 40, and 49 CFR 390.5, including: "Designated County Representative." The Personnel Director ar designated representative(s) is designated as the County's Drug and Alcohol Testing Coordinator, and shall ensure that the administration of this policy complies with applicable laws and regulations. "Accident" means an occurrence involving a commercial motor vehicle operating on a public road which results in: (1) a fatality; (2) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; (3) one ar more motor vehicles incumng disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. (390.5) "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohols or other low molecular weight alcohols including methyl and isopropyl alcohol. (382.101) "Alcohol use" means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. (382.107) "BAT" means Breath Alcohol Technician. "Controlled substances" (herein also referred to as "drugs") for which testing is required under the Omnibus Transportation Employee Testing Act are: marijuana, cocaine, amphetamines, opiates (including heroin), and phencyclidine (PCP). (40.21) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property of the motor vehicle: (1) has a gross combination rating of 26,001 or more pounds; (2) has 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; (3) is designed to transport 16 or more passengers, including the driver; or (4) is of any size and is used to in the transportation of materials which require the motor vehicle to be placarded under Hazardous Materials Regulations. (382.107) "Driver" means any person who operates a commercial motor vehicle, including but not limited to: employees in budgeted positions, extra-help employees, leased drivers. For purposes of pre-employment/pre-duty testing only, the term "driver" includes a person applying for employment to a position that requires the person to drive a commercial motor vehicle. (382.107} "EAP" means Employee Assistance Program. "EBT" means Evidential Breath Testing device. "Performing asafety-sensitive function" means an employee is considered to be performing a safety-sensitive function during any period in which s/he is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions. (382.107) "Safety-sensitive function" means any of the following on-duty functions: (1) all time at a carrier or shipper plant, terminal, facility, or other property, waiting to be dispatched, unless the employee has been relieved from duty by the employer; (2) all time inspecting, servicing, or conditioning any commercial motor vehicle (CMV) at any time; (3) all time spent at the driving controls of a commercial motor vehicle; (4} all time, other than driving time, spent on or in a commercial motor vehicle; (5) all time loading or unloading a CMV, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate a CMV, or in giving or receiving receipts for shipments loaded or unloaded; (6) all time spent performing the driver requirements associated with an accident; (7) all time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle; (8) all time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post- accident, or follow-up testing required by Parts 382 of 49 Code of Federal Regulations. (382.107 and 395.2) "Employee" means an individual defined by Department of Transportation Regulations as subject to controlled substances andlor alcohol testing --- i.e., a "driver" as defined herein (other than an applicant for employment) performing a "safety-sensitive function," (40.3) An employee covered by this Policy is considered to be performing safety-sensitive functions unless said employee: (1) is on approved leave from work; or (2) is specifically assigned other functions away from the work site(s)/facility(ies) where safety-sensitive functions are performed. "Refuse to submit" (to an alcohol or controlled substance test) means an employee: { 1) fails to provide adequate breath for testing without a valid medical explanation after slhe has received notice of the requirement for breath testing (i.e., a copy of this policy}; (2) fails to provide adequate urine for controlled substances testing without a valid medical explanation after s/he has received notice of the requirement for urine testing (i.e., a copy of this policy); or {3) engages in conduct that clearly obstructs the testing process. (382.107) "Refusals to test" means: (a) refusal by an employee to complete and sign Part 2 of the Breath alcohol testing form, to provide breath, to provide an adequate amount of breath, or otherwise to cooperate in the testing process in a way that prevents the completion of the test. (40.67) "Screening test" means, in alcohol testing, the analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in his/her system. In controlled substance testing, "screening test" means an immunoassay screen to eliminate "negative" urine specimens from further consideration. "Confirmation test" for alcohol testing means a second test, following a screening test with a result of 0.02 or greater, that provided quantitative data of alcohol concentration. "Confirmation test" for controlled substance testing means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screening test and which uses the GC/MS (gas chromatographytmass spectrometry) test to ensure reliability and accuracy. (3 82.107) "Medical Review Officer" (NIRO) means a licensed physician (medical doctor or doctor of osteopathy) approved by the County who is responsible for receiving laboratory results generated by a testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual 's confirmed positive test results together with his/her medical history and any other relevant biomedical information. (See AttachmenC B to this Policy.) (40.3) "Substance Abuse Professional" (SAP) means an individual approved by the County who is licensed in accordance with Section 383.1.07 of the Code of Federal Regulations and who has knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances related disorders. (See Attachment B to this Policy.) (382.107) B. CLASSIFICATIONS COVERED. Extra-help, provisional and permanent employees and employees in budgeted positions in the classifications listed in Attachment A are subject to drug and alcohol testing as outlined in this policy and federal regulations. C. PROHIBITIONS. As used in this Part (C), "on duty" includes all time spent providing samples or specimens, including travel time to and from the collection site, in order to comply with the required random, reasonable suspicion, post-accident, or follow-up testing. "On duty" shall not include any time spent in pre-employment testing or return-to-duty testing. (392.5 (8) ) 1. No employee shall perform safety-sensitive functions within four hours after using alcohol. No supervisor or manager having actual knowledge that an employee has used alcohol within. four hours shall permit an employee to perform or continue to perform safety- sensitive functions. (382.207) 2. No employee shall report to duty or remain on duty requiring the performance of safety- sensitive functions while having an alcohol concentration of 0.04 or greater. However, an employee whose alcohol test indicates an alcohol concentration of 0.02 or greater but less than 0.04, must not perform or continue to perform any safety-sensitive functions for a minimum of twenty-four (24) hours. No supervisor or manager having actual knowledge that an employee has an alcohol concentration of 0.02 or greater shall permit the employee to perform or continue to perform safety-sensitive functions. No disciplinary action pursuant to this policy as set forth in Section I may be taken against 3 an employee based solely on test results showing an alcohol concentration of less than 0.04. However, this does not prohibit the County form taking disciplinary actionrn such circumstance independent of Section I consistent with independent authority. (382.201) No employee shall be on duty or operate a commercial motor vehicle while the employee possesses alcohol. No manager or supervisor having actual knowledge that an employee possesses alcohol may permit the employee to drive or continue to drive a commercial motor vehicle. (382.204) 4. No employee shall use alcohol while performing safety-sensitive functions. No manager or supervisor having actual knowledge that an employee is using alcohol while performing safety-sensitive functions shall permit the employee to perform or continue to perform safety-sensitive functions. (382.205) When circumstances are such that a employee is required to take apost-accident alcohol test, that employee shall. not use alcohol far eight hours following the accident, or until s/he has undergone apost-accident alcohol test, whichever occurs first. (382.209) 6. No employee shall report for duty or remain on duty requiring the performance of safety- sensitive functions when the employee uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee in writing that the substance does not adversely affect the employee's ability to safely operate a commercial motor vehicle. No manager or supervisor having actual knowledge that an employee has used a controlled substance shall permit the employee to perform or continue to perform asafety-sensitive function. (382.213) 7. No employee shall refuse to submit to the following required alcohol or controlled substance tests: random, reasonable suspicion, post-accident, follow-up testing. No supervisor or manager shall permit an employee who refuses to submit to such tests to perform or continue to perform safety-sensitive functions. (382.211) No employee shall report for duty, remain on duty or perform asafety-sensitive function if the employee tests positive for controlled substances. No manager or supervisor having actual knowledge that an employee has tested positive for controlled substances shall permit the employee to perform or continue to perform safety-sensitive functions. (382.215) D. t'IRCUMSTANCES FOR TESTING. An employee may be directed to undergo random, follow-up, reasonable suspicion or post-accident alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety sensitive functions, or just after the employee has ceased performing such functions. Under no circumstances will an employee who is tested as positive under this Policy be permitted to drive any vehicle, including his/her personal vehicle. County personnel shall transport any employee that tests positive to his/her residence or other appropriate destination after the test. Employees and applicants for employment subject to this policy are required to be tested under the following circumstances: "Pre-employment" testing. a. No applicant shall be appointed or assigned to any covered position that performs safety sensitive functions unless s/he has been administered an alcohol test with a result indicating a alcohol concentration less than 0.02, and has received a controlled substance test result from the MRO indicating a verified negative test result. (382.301) b. Only those applicants wha have been selected for possible appointment shall be tested. Whenever possible, the testing shall be in conjunction with or part of the pre-employment physical examination process. c. Pre-employment (or post jab offer} drug and alcohol tests will be conducted when an applicant is considered for appointment to an extra-help, provisional or permanent position in a class listed in this policy. Applicants who refuse to submit to testing or who do not have a verified negative test will not be hired and are not entitled to a second test or re-test of the specimen. The Designated County Representative shall notify an unsuccessful applicant of the results of apre-employment controlled substance test, if the applicant requests such results, within 60 calendar days of being notified of the disposition of the employment application. (324.411) d. Drug and alcohol tests will be conducted when a current County employee transfers from a position not covered by this policy to a position in a job class listed in this policy. Non-covered employees requesting transfer into a position requiring drug testing who test positive may, upon request, have their specimen retested pursuant to Part K of this Policy. The Designated County Representative shall make reasonable efforts to contact and request each applicant or employee who submitted a specimen, to contact and discuss the results of the controlled substance test with the MRO who has been unable to contact the applicant. The Designated County Representative shall immediately notify the MRO that the applicant or employee has been notified to contact the MRO within 24 hours. (382.411) f. Any employee who transfers from a permanent position covered by this policy to another permanent position covered by this policy does not require testing. 2. Random testing. a. All employees covered by this policy are subject to unannounced testing based on random selection.(382.305) b. To assure that the selection. process is random, all employees covered by this policy will be placed in a common pool consisting of all such employees within the County. (382.305) c. The random selection procedure may be a computer-based number generator, or by a combination of computer based number generator and random number tables, that is matched with County identification numbers of all employees in the pool. Under the selection process used, each covered employee shall have an equal chance of being tested each time selections are made. {382.305) d. The random testing rate far controlled substances will be a 50°lo annualized rate, unless the FF3WA Administrator publishes in the Federal Register a new applicable annual percentage rate for a calendar year. {382.305) e. The random testing rate for alcohol will be a 25°lo annualized rate, unless the FHWA Administrator publishes in the Federal Register a new applicable annual percentage rate for a calendar year. {382.305) f. To ensure that the required minimum number of random tests are made during a year, when an employee selected is absent from work, an alternate randomly selected employee will be made. When the absent employee who was originally, randomly selected for testing for controlled substances returns to work, sthe will be tested. 3. Post-accident testing. a. As soon as practical following an accident involving a commercial motor vehicle, each surviving employee shall be tested for alcohol and controlled substances: (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. This provision applies to the operator of the vehicle and to any other covered employees whose performance could have contributed to the accident. (382.303) b. The results of a breath or blood test for the use of alcohol or a urine test for the use of controlled substances which is conducted by State or local law enforcement officials may be substituted for required County post-accident testing, provided such tests conform to applicable laws regarding those tests. However, neither the employee or the supervisorlmanager should assume that such test results will be available, and should ensure that the required tests are obtained under this Policy. (382.303) c. An employee who is subject to past-accident testing shall remain readily available for such testing or the employee may be deemed to have refused to submit to testing. Such employee may leave the scene of an accident only for the following reasons: (1} to obtain necessary emergency medical care; (2) to obtain necessary medical attention for persons injured in the accident; or (3) to obtain assistance in 6 responding to the accident. However, the employee is expected to notify his/her supervisor or manager at the earliest possible time, and to make him/herself available for testing as soon as possible. The employee shall be transported to the collection site whenever possible by a County supervisor, manager or other designated department employee. Under no circumstances shall an employee requiring post-accident testing be permitted to drive any vehicle. A County supervisor, manager or other designated department employee shall transport the employee to hisll-er residence or other appropriate destination after the test. d. An alcohol test should be administered within two hours following the accident. Such test will normally be the breath alcohol test. When an evidential breath testing device (EBT) is not readily available for both screening and confirmation tests, blood alcohol testing shall be used for both. tests as allowed under Part 40 of the Cade of Federal Regulations. When an EBT is readily available for the screening test but an EBT suitable for confirmation testing is not readily available, blood alcohol testing shall be used for confirmation test purposes as allowed under Part 40 of the Code of Federal Regulations. When an employee attempts and fails to provide an adequate amount of breath, blood alcohol testing may be used for both screening and confirmation purposes as allowed under Part 40 of the Code of Federal Regulations. (382.303; 40.71) If the test is not administered within two hours, a record stating the reasons the test was not promptly administered shall be prepared and maintained on file. If the test is not administered within 8 hours, attempts to administer an alcohol test shall cease and a report prepared and maintained on file. (382.303) e. If a controlled substance test is not administered within 32 hours following the accident, a record stating the reasons the test was not promptly administered shall be prepared and maintained on file. (382.303) 4. Reasonable suspicion testing. The required observations for alcohol andtor controlled substances reasonable suspicion testing shall be made by a supervisor or manager who is trained in accordance with Part F of this Policy. Whenever possible, a second trained supervisor or manager will be consulted prior to determining reasonable suspicion exists. The person making the determination that reasonable suspicion exists shall not conduct the alcohol test of the employee. (382.307) b. The employees shall be transported to the collection site by a County supervisor, manager or other designated department employee. Under no circumstances shall an employee requiring reasonable suspicion testing be permitted to drive any vehicle. A County supervisor, manager or other designated department employee shall transport the employee to his/her residence or other appropriate destination after the test. A covered employee shall submit to an alcohol test when a supervisor or manager who is trained in accordance with Part F of this Policy has reasonable suspicion to believe that individual has violated a prohibition in part C of this Policy. Whenever passible, a second trained supervisor or manager will be consulted prior to determining reasonable suspicion exists The determination that reasonable suspicion exists must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. An employee may be directed to undergo reasonable suspicion alcohol testing only if the required observations are made during, just preceding, or just after the employee is performing safety-sensitive functions. (382.307) If the reasonable suspicion alcohol test is not administered within two hours, a record stating the reasons the test was not promptly administered shall be prepared and maintained on file. If the test is not administered within 8 hours, attempts to administer an alcohol test shall cease and a report prepared and maintained on file. {382.307) Notwithstanding the absence of a reasonable suspicion alcohol test, no employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while the employee is under the influence of or impaired by alcohol, as shown by the behavioral, speech and performance indicators of alcohol misuse, nor shall the employee be permitted to perform or continue to perform safety-sensitive functions until: (1) an alcohol test is administered and the employee's alcohol concentration measures less than 0.02; or (2) 24 hours have elapsed following the determination that there is reasonable suspicion that the employee has violated a prohibition in Part C of the Policy concerning the use of alcohol. (382.307) d. A covered employee shall submit to an alcohol or controlled substance test when a supervisor or manager has reasonable suspicion to believe that the employee has violated the prohibition specified in Part C of this Policy. The determination that reasonable suspicion exists must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee, and the observations may include indications of the chronic and withdrawal effects of controlled substances. (382.307) A written record shall be made of the observations leading to an alcohol or controlled substance reasonable suspicion test, and signed by the supervisor or manager who made the observations, within 24 hours of the observed behavior or before the results of the controlled substances tests are released, whichever is earlier. (382.307) 5. Return to duty testing. a. Before an employee returns to duty requiring the performance of asafety-sensitive function after engaging in conduct prohibited by Part C of this Policy concerning alcohol, the employee shall undergo areturn-to-duty alcohol test with a result indicating an alcohol concentration of less than 0,02. (383.309) b. Each employee who engages in conduct prohibited by Part C of this Policy shall be evaluated by the SAP who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use. (382.605) c. Before an employee returns to duty requiring the performance of asafety-sensitive function after engaging in conduct prohibited by Part C of this Policy concerning controlled substances, the employee shall undergo areturn-to-duty controlled substance test with a result indicating a verified negative result for controlled substance use. (382.309; 382.605)) In addition, each employee identified as needing assistance in resolving problems with alcohol misuse or controlled substance use shall be evaluated by the SAP at the employee's own expense to determine that he has properly followed any prescribed rehabilitation program. (382.605) d. The County may direct the employee to undergo return-to-duty testing for both alcohol and controlled substances if the SAP determines that return-to-duty and follow-up testing for both alcohol and controlled substances is necessary for that particular employee. (382.605) 6. Follow-up testing. Following a determination by the SAP that an employee who engaged in conduct prohibited by Part C of this Policy is in need of assistance in resolving problems with alcohol misuse and/or use of controlled substances, such. employee is subjected to unan- nounced follow-up alcohol and/or controlled substance testing as directed by the SAP after the employee returns to duty. Such tests will be at county expense. The number and frequency of such tests shall be directed by the SAP and consist of at least 6 tests in the first 12 months following the employee's return to duty. The County may direct the employee to undergo follow-up testing for both alcohol and controlled substances if the SAP determines that follow-up testing for both alcohol and controlled substances is necessary for that particular employee. Follow-up testing shall not exceed 60 months from the date of the employee's return to duty. The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been administered. (382.311; 382.605) E. REMOVAL FROM SAFETY-SENSITIVE POSITION 1. No employee shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the employee has engaged in conduct prohibited by Part C of this Policy. No supervisor or manager shall permit any employee to perform safety-sensitive functions, including operating a commercial motor vehicle, if s/he has determined that the employee has violated this Part (C), (382.501 (a) (b)) 9 2. An employee who has engaged in conduct prohibited by Part C of this Policy shall not perform safety-sensitive functions until the employee has met the evaluation and return- to-duty testing requirements of Part D of this Policy. The requirement for referral to and evaluation by the SAP does not apply to pre-employment testing or return-to-duty testing. (382.503) (382.605) 3. No employee who has been tested under this Policy who is found to have an alcohol concentration of 0.02 or Beater but less than 0.04 shall perform or continue to perform safety-sensitive functions, including operating a commercial motor vehicle, until the start of the employee's next regularly scheduled duty period, but not less than 24 hours following administration of the test. (382.505) 4. An employee who is removed from asafety-sensitive position may use accrued paid time off (e.g., compensatory time, administrative leave, vacation time) in accordance with the provisions of the applicable Memorandum of Understanding or of the Personnel Rules. An employee who is removed from asafety-sensitive position may also request leave of absence without pay in accordance with the provisions of the applicable Memorandum of Understanding or of the Personnel Rules. When an employee who is removed from asafety-sensitive position as the result of a positive screening test, and the confirmation test or an employee requested "re-test" yield a negative test result: (1} the paid leave used by the employee for the period the employee was removed from the safety-sensitive position shall be restored; (2) the employee shall receive pay for his/her regularly scheduled hours of work during the period of leave of absence without pay while removed from the safety-sensitive position. This provision shall not preclude the County from preceding with any disciplinary action regarding the employee, up to and including dismissal. F. SUPERVISORY TRAINING. Every supervisor and manager covered by this policy who will be responsible for reasonable suspicion determinations will receive the following training: (a) at least 60 minutes of training of alcohol misuse; and (b) at least sixty minutes of training on controlled substance use. The training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. (Supervisors and management at the level equivalent to Public Works Superintendent and above shall be trained.) (382.603) G. INFORMATION AND REFERRAL 1. Each covered employee shall receive educational materials regarding this Policy prior to the start of alcohol and controlled substances testing and each employee subsequently hired or transferred into a position requiring driving a commercial motor vehicle shall receive educational materials regarding this Policy. Each such employee shall sign a statement certifying that s/he has received the materials. (382.601) 2. Each affected employee organization shall be notified of the availability of this Policy. (382.601) 10 3. Employees who have questions regarding this policy should contact the designated County representative through the Butte County Personnel Department. 4. Employees covered by this Policy shall periodically be provided information concerning the effects of alcohol and controlled substance use on an individual's health, work and personal life; signs and symptoms of an alcohol or a controlled substances problem; and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to the Employee Assistance Program, or referral to management. (382.601) 5. For those departments with covered employees, a copy of this Policy and instructions with respect to post-accident testing shall be placed in each supervisor's and manager's vehicle, in work areas and other locations as appropriate. 6. Resources available to employees include: a. Employee Assistance Program (EAP}. Each employee covered by this policy will receive a copy of the Employee Assistance Program booklet. The phone number for the Employee Assistance Program is (800) 32?-0801 and will be displayed in work areas. b. All health plans available to employees through the County have alcohol and/or substance abuse treatment coverage. A description of covered services is included in the summary plan document for each plan. Each plan also has a "800" number where employees can obtain information on coverage and costs. Far P.E.R.S. health plans, these number are shown in the PERS "Basic Health Plans" booklet. c. Other providers of services which provides alcohol and substance abuse treatment programs which are relatively inexpensive, are listed in the yellow pages of the phone book. Employees should contact such providers for costs and possible insurance coverage information. H. OTRER EMPLOYEE RESPONSIBILITIES 1. The use of any substance by a covered employee which carries a warning label that indicates the mental functioning, motor skills, or judgment may be adversely affected must be reported to supervisory personnel and medical advice should be sought, as appropriate, before performing safety-sensitive functions. 2. When a covered employee has been prescribed a controlled substance by a physician, the employee must advise his/her supervisor in writing of such use prior to the performance of safety sensitive functions, together with a statement from the physician that such use does not adversely affect the employee's ability to safely operate a commercial motor vehicle. The written notice must identify the patient's name, prescribed drug, the quantity/amount to be taken, and the period of authorization. (382.213) 11 3. When an employee has received alcohol or controlled substance testing by a law enforcement agency following an on-duty accident which requires post-accident testing (in which there was a fatality or where the employee was cited by the law enforcement agency), the employee shall provide his supervisor with a copy of the results of that testing as soon as possible after receipt. (382.303) 4. A covered employee may not identify him herself as unfit for duty after having been notified of a random, reasonable suspicion, post-accident, or follow-up test to avoid the consequences for a positive test or a refusal to test. It is the responsibility of the employee to complete any treatment program prescribed by the SAP, and to comply with return-ta-work and follow-up testing. 6. When an employee is at a collection site or giving a specimen or sample for testing, the employee shall follow all instructions given by collection site and/or testing personnel and by County supervisorylmanagement personnel. 7. In the interest of safety to employees, co-workers and the public, if an employee knows a covered employee is engaging in prohibited conduct under Part C of this Policy (which requires the employee to be removed from his/her safety-sensitive function), the employee should report such. conduct to their supervisor or manager. Any employee who is tested as positive under this Policy shall not drive any vehicle, including his/her personal vehicle, while on duty. I. DENIAL OF EMPLOYMENTIDISCIPLINE. Any applicant for County employment who tampers, alters, substitutes, adulterates, destroys, attempts to falsify or falsifies any alcohol or controlled substance sample, specimen, document, report, or memorandum pertaining to a drug or alcohol test shall be denied employment. 2. Any applicant who interferes with or attempts to interfere with procedures, equipment or personnel in the course of collecting controlled substance specimens or breath alcohol testing shall be denied employment. 3. Any applicant who refuses to submit to testing shall be denied employment. 4. Any employee who tampers, alters, substitutes, adulterates, destroys, attempts to falsify or falsifies any alcohol or controlled substance sample or specimen, document, report, or memorandum pertaining to a drug or alcohol test shall be subject to disciplinary action in accordance with County Rules. Any employee who interferes with or attempts to interfere with the procedures, equipment or personnel in the course of collecting controlled substance specimens or alcohol testing samples shall be subject to disciplinary action in accordance with County Rules. 6. Any covered employee who refuses to submit to testing shall be terminated. 12 7. Any covered employee who engages in conduct prohibited under Part C of this Policy shall be subject to disciplinary action up to and including termination, except as provided in 8, immediately below. 8. When a covered employee undergoes random, reasonable suspicion, or post-accident alcohol or controlled substances testing and there is a verified positive-result, aone-time exception may apply in lieu of dismissal provided all of the following conditions are met: (a) the employee agrees in writing to enter and complete the treatment program specified by the SAP; (b) the employee attains a verified return-to-work negative test for alcohol and/or controlled substances; (c) the employee agrees in writing to be subject to unannounced frequent follow-up testing for up to 60 months after the employee returns to duty and does not test positive during such testing. 9. Any employee who fails to or refuses to complete the treatment program prescribed by the SAP shall be terminated. 10. Any employee who has a verified positive return-to-work or after returning to work has a positive follow-up or random controlled substance test shall be subject to disciplinary action in accordance with County Rules. 11. Any employee who has a verified return-to-work ar after returning to work has afollow- up or random alcohol test with a result indicating an alcohol concentration of 0.02 or greater shall be subject to disciplinary action in accordance with County Rules. J. RECORD KEEPINGtRELEASE OF INFORMATION The County shall maintain records with respect to alcohol and controlled substances testing as required by applicable Federal regulations. (382.401; 390.31) 2. Except as required by law or expressly authorized or required in applicable regulations, the County shall not release employee information that is contained in alcohol and controlled substances testing records. (382.405; 40.81} An employee is entitled, upon written request, to obtain copies of any records pertaining to that employee's use of alcohol or controlled substances, including any records related to his/her alcohol or controlled substances tests. The County shall promptly provide such records requested by the employee, and charge the employee only for the records requested. (382.405; 40.81) The County shall release information regarding an employee's records as directed by the specific, written consent of the employee to an identified person. Records shall be made available to a subsequent employer upon receipt of a written request from the former employee. (382.405; 40.81) 13 The County may disclose alcohol or controlled substances testing information on an employee to that employee or to the decision maker in a lawsuit, a grievance, or other proceeding initiated by or on behalf of the employee, and arising from the results of an alcohol andlor controlled substance test administered under this Policy, or from the County's determination that the employee engaged in conduct prohibited by Part C of this Policy, including but not limited to a workers' compensation, unemployment compensation, or other proceeding relating to a benefit sought by the employee. (3 82.405; 40.81) A laboratory with which the County contracts for controlled substance testing shall, upon written request of an employee, provide access to any retards relating to hislher drug test and any records relating to the results of any relevant certification, review, or revocation-of-certification proceedings. A laboratory with which the County contracts for controlled substance testing shall disclose information related to a positive drug of an employee to that employee, the County, or the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual and arising from a certified positive drug test. (40.35, 40.37) K. TESTING PROCEDURES. Testing procedures are specified in the attached 49 CFR 40, including: Alcohol Misuse. a. When an employee refuses to complete and sign the breath alcohol testing form, to provide breath, to provide an adequate amount of breath, or otherwise to cooperate with the testing process to prevent the complete of the best, the Breath Alcohol Technician (BAT) shall immediately notify the employer. {40.67) b. In the event an employee attempts and is unable to provide an adequate breadth sample in accordance with Section 40.69 of the Code of Federal Regulations, the County shall direct the employee to obtain, as soon as practical, an evaluation from a licensed physician who is acceptable to the County concerning the employee's medical ability to provide an adequate amount of breath. The physician shall provide a written statement of the basis of hislher conclusions to the employer. (40.69) c. As an alternative to the referral and evaluation of the employee for an inadequate breadth Sample, the County may require the employee to provide a blood alcohol specimen for test, when permitted by Part 40 of the Code of Federal Regulations. (40.69) (1) When the result of a blood alcohol test is an alcohol concentration of 0.04 or greater, the employer must inform the employee of the test result, and inform the employee that s/he has ?2 hours in which to request a test of the split specimen at hislher own expense. if the employee requests a test of the split specimen within 72 hours, the County shall direct the laboratory to release the split specimen. for testing by a Department of Health and Human Services certified laboratory. Action required by applicable Department of Transportation regulations {e.g., removal from aSafety-sensitive position) is 14 not stayed pending the result of the test of the split specimen. If the result of the test of the split specimen fails to reconfirm the presence of an alcohol concentration of 0.04 or greater, the test is invalid. (40.77) (2) If an employee has not contacted the County within 72 hours, as provided immediately above, the employee may present to the County information documenting that serious illness, injury, inability to contact the County, lack of actual notice of the verified positive test, or other circumstances unavoidably preventing the employee from timely contacting the County. If the County concludes that there is a legitimate explanation for the employee's failure to contact the County within 72 hours, the County shall direct the analysis of the split specimen be performed. (40.77) 2. Controlled Substance Use. A MRO shall report to the employer that s/he has made all reasonable efforts to contact the employee when there is a verified positive test. The employer shall, as soon as practicable, request the employee to contact the MRO prior to the employee's next shift or within 24 hours, whichever is earlier. {382.409) b. The Designated County Representative shall make reasonable efforts to contact and request each employee whose controlled substances test is verified as positive to contact the MRO and discuss the results with the MRO who has been unable to contact the employee. The Designated County Representative shall immediately notify the MRO that the employee has been notified to contact the NIRO within 24 hours. (3 82.411) c. When the test result of a primary specimen or of a single specimen is positive, the employee may request the MRO to have the split sample tested or the single specimen re-tested in a different DHHS-certified laboratory for presence of the drug(s) for which a positive result was obtained. Such test or re-test shall be at the employee's own expense. The MRO shall honor such a request if it is made within 72 hours of the employee having been notified of a verified positive test result. Action required by applicable Department of Transportation regulations (e.g., removal from a safety sensitive position) is not stayed pending the result of the test of the split sample. If the result of the test of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, the MRO shall cancel. the test. (40.25; 40.33) d. If an employee has not contacted the MRO within 72 hours (as provided, immediately above), the employee may present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive test, or other circumstances unavoidably preventing the employee from timely contacting the MRO. If the MRQ concludes that there is a legitimate explanation for the employee's failure to contact the MRO within 72 hours, the NIRO shall direct the reanalysis of the primary specimen or analysis of the split specimen, as applicable, be performed. (40.33) If an employee is unable to provide an adequate urine sample, the MRO shall refer the individual for a medical evaluation to develop pertinent information concerning 15 whether the individuals inability to provide a specimen is genuine or constitutes a refusal to test. (For pre-employment testing, the MRO is not required to make such a referral.) Upon completion of the medical evaluation, the MRO shall report histher conclusions to the County in writing. The cost of such evaluation and report shall be borne by the employee. (40.25) L. COUNTY CONTROL AND ACCESS TO PROPERTY The County reserves the right to search all areas and property in which the County maintains control or joint control with an employee in accordance with applicable state and federal laws. A search of any container for employee property such as desks, cubicles and lockers may be conducted at any time with the affected employee's prior permission. Otherwise, the County may notify the appropriate law enforcement agency that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the County. M. VENDORS/CONTRACTORS Vendors/contractors used by the County to implement this policy are listed on Attachment B, including their addresses and phone numbers. Attachment B shall be amended by the County to reflect any such changes in vendors/contractors and the amended Attachment B shall be made available to the affected employees and employee associations. Upon request; the County will discuss new vendorslcontractors with affected employee associations. 2. Each vendor/contractor will perform those duties and responsibilities specified in applicable Federal regulations. Each vendor/contractor will comply with all methods and procedures, including reporting and record keeping, of applicable Federal regulations. N . SEVERABILITY. In the event any provisions of this Policy is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision shall be null and void, but such nullification shall not affect any other provisions of this Policy, all of which other provisions shall remain in full force and effect. i~ County of Butte Alcohol Misuse and Controlled Substance Use Policy Attachment A Road Maintenance Worker I, II, III Bridge Maintenance Worker I, II, III Traffic Control Worker I, II, III Tree TrimmerlClimber I, II Lead Road Maintenance Worker Lead Bridge Maintenance Worker Lead Flood ControUTree Trimmer Lead Traffic Control Worker Supervising Road Maintenance Worker Supervising Bridge Maintenance Worker Supervising Traffic Control Worker Superintendent -Flood Control and Drainage Districts Vehicle Service Worker Equipment Mechanic Heavy Equipment Mechanic Lead FabricatorNVelderlMechanic Lead Heavy Equipment Mechanic Supervisor -Fleet Services/Stores Operations Deputy Director of Weights and Measures Weights and Measures Inspector I, II, III Law Enforcement classifications using commercial license 17 County of Butte Alcohol Misuse and Controlled Substance Use Policy Attachment B Listed below are vendorslcontractorsuwd by the County of Butte. 1. MEDICAL REVIEW OFFICER (MRO) Dr. David McKinney 2767 Olive Hwy. Suite 12 Oroville, California 95965 The primary MRO for this policy will be: (916) 532-8260 2 . SUBSTANCE ABUSE PROFESSIONAL (SAP). The primary SAP for this policy will be: Dr. David McKinney (916) 532-8260 2767 Olive Hwy. Suite 12 Oroville, California 95965 3 . DRUG TESTING LABORATORY. The primary laboratory for testing of controlled substances samples will be: Sierra Nevada Laboratories (916) 899-1027 1405 Magnolia Avenue Chico, CA 4. DRUG TESTING COLLECTION AGENCY. The primary collection agency for drug sample collection will be: Oroville Hospital (916) 533-8500 2767 Olive Hwy. Oroville, CA 95965 5 . BREATH ALCOHOL TESTING CONTRACTOR. The primary contractor for breath alcohol testing will be: Oroville Hospital (916) 533-8500 2767 Olive Hwy. Oroville, CA 95965 6. BLOOD ALCOHOL COLLECTION CONTRACTOR. The primary contractor for blood alcohol collection will be: Oroville Hospital (916) 533-8500 2767 Olive Hwy. Oroville, CA 95965 18