IMPLEMENTING GUIDELINES REGARDING THE DISTRICT'S ALCOHOL AND CONTROLLED SUBSTANCE TESTING POLICY FOR EMPLOYEES WHO TRANSPORT STUDENTS | Administrative Guideline Manual

8601A - IMPLEMENTING GUIDELINES REGARDING THE DISTRICT'S ALCOHOL AND CONTROLLED SUBSTANCE TESTING POLICY FOR EMPLOYEES WHO TRANSPORT STUDENTS

This guideline covers employee-drivers who are specified as "covered employees" in Policy 8601 - Controlled Substance and Alcohol Policy for Employees that Transport Students.

The purpose of the District's drug-testing program is to institute and maintain a program for achieving the objective of a drug-free work force and to provide a workplace that is free from the illegal and improper manufacture, distribution, dispensing, possession, sale, and use of alcohol and controlled substances.

The Board recognizes that a drug-free and alcohol-free school and work environment is vital to workplace and school safety and to the quality of the District’s educational services.

The program will assist drivers in understanding and avoiding the perils of alcohol misuse and controlled substance abuse. The District will provide a comprehensive drug-free awareness program as an ongoing educational effort to prevent and eliminate alcohol misuse and controlled substance abuse. The drug-free awareness program will inform drivers about:

the dangers of alcohol misuse and controlled substance abuse;
the Board's policy on drug-free schools, drug testing, and others related to the use of controlled substances (see Appendix below);
the availability of treatment and counseling for employees who voluntarily seek such assistance;
the sanctions the District will impose for violations of its policies related to this program.

This Drug and Alcohol Testing Procedure (Procedure) is not meant to create a contract or expectation of future employment between the District and its employees, and is merely one (1) condition of continued employment. The terms of the Procedure may change in the future at the District’s discretion or to comply with changes in Federal or State law or District policy, with or without notice to employees.

The District has discretion to impose corrective action against violators of the Procedure in addition to that imposed by the Department of Motor Vehicles (DMV).

This procedure is designed to:

provide a safe, healthy, productive, and drug - and alcohol – free workplace and school environment for all employees and students;
protect the District and students from losses arising out of or associated with alcohol and controlled substances;
provide an effective tool for deterrence of substance abuse;
provide an effective tool for detection of violators;
ensure efficient operations; and
satisfy the State and Federal rules covering employees with commercial driver’s licenses.

District Coordinator

The Director of Business Services shall be the coordinator of the District's alcohol and controlled substances testing program and the person to be contacted for answers to any questions that a staff member may have.

Supervisors and other appropriate personnel will be trained in alcohol misuse and controlled substances abuse recognition and the District's procedures for handling and assisting drivers who are subject to the effects of alcohol and controlled substances.

RULES RELATED TO THE DRUG-TESTING PROGRAM

All drivers are required to abide by Board policies related to controlled substance and alcohol use and testing, as well as the following rules. Any violations will lead to disciplinary action, up to and including termination of employment.

Required Hours of Compliance

A driver must not consume alcohol while on duty, four (4) hours prior to on-duty time, and up to eight (8) hours following an accident or until the employee undergoes a post-accident test, whichever occurs first. A driver shall not report for duty or remain on duty that requires performing safety-sensitive functions when the driver uses any controlled substance, except when the use is at the instruction of a physician who has advised the driver that the substance does not adversely affect the ability to safely operate a Commercial Motor Vehicle (CMV). The District reserves the right to require any driver to provide verification from the employee’s health care provider that any prescribed medications do not pose a risk to the employee’s safe operation of a CMV.

DEFINITIONS

Alcohol

Intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl and isopropyl alcohol.
Alcohol Concentration

Alcohol is a volume breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test.
Alcohol Use

Consumption of a beverage, mixture, or preparation, including medication, containing alcohol.
Breath Alcohol Technician

An individual who instructs and assists an individual in the alcohol testing process and operates an evidential breath testing device.
Commercial Motor Vehicle

A commercial motor vehicle includes any vehicle which:
1. 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;
2. has a gross vehicle weight rating of 26,001 or more pounds;
3. is designed to transport sixteen (16) or more passengers, including the driver; or
4. is any size transporting hazardous materials requiring placards.
Controlled Substances

Controlled substances (or "drugs") refers to marijuana (THC), cocaine, opiates, phencyclidine (PCP), and amphetamines (including methamphetamines).
Driver

Any person who operates a commercial motor vehicle including, but not limited to, full-time, regular employees of the District; casual, intermittent, or occasional drivers; drivers who are leased by the District; and independent, owner-operated contractors who are either directly employed by or under lease to the District or who operate a commercial motor vehicle at the direction of or with the consent of the District.
Medical Review Officer (MRO)

A licensed medical doctor or osteopath responsible for receiving laboratory results under the Procedure who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate confirmed positive test results, medical history, and other relevant biomedical information.
Performing Safety-Sensitive Functions

Several provisions of the Procedure govern a driver’s conduct in relation to their performance of "safety-sensitive functions." A "safety-sensitive function" is all time from the time a driver begins work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work, including:
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 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;
5. all time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle;
6. all time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle.

PROHIBITED CONDUCT

The following conduct is strictly prohibited:

Alcohol Concentration

No employee shall perform a safety-sensitive function while having an alcohol concentration of 0.02 or greater, or within twenty-four (24) hours of being tested with an alcohol concentration of at least 0.02 but less than 0.04.

No employee shall report for duty or remain on duty with an alcohol concentration of 0.04 or greater.
Alcohol Possession

No employee shall be on duty while the employee possesses alcohol.
Pre-Duty Alcohol Use

No employee shall perform safety-sensitive functions within four (4) hours after alcohol use.
Alcohol Use Following An Accident

No employee required to take a post-accident alcohol test, as provided in the Procedure, shall use alcohol for eight (8) hours following the accident, or until the employee undergoes a post-accident alcohol test, whichever occurs first.
Refusal To Submit To Testing
1. No driver shall refuse to submit to a test. Such behavior includes refusal to submit to a test; inability to provide sufficient quantities of breath, saliva, or urine to be tested without a valid medical explanation; tampering with or attempting to adulterate the specimen; interfering with the collection procedure; not immediately reporting to the collection site; failing to remain at the collection site until the collection process is complete; having a test result reported by an MRO as adulterated or substituted; or leaving the scene of an accident without a valid reason before the tests have been conducted.
2. No applicant for employment shall refuse to submit to pre-employment testing as defined in the Procedure.
Controlled Substances Use

No driver shall report for duty or remain on duty when the driver uses any controlled substance, except when such use is prescribed by a physician as described in this policy.
Controlled Substances Possession

No employee shall report for duty or remain on duty when the employee possesses any controlled substance, except when such possession is authorized by the District pursuant to the instructions of a treating physician.
Impaired Job Performance Or Attendance

Alcohol use or controlled substance use, even though not during working hours or in the workplace, which impairs job performance or attendance.
Testing Procedures

Failing any drug or alcohol test or engaging in any other conduct prohibited under the drug or alcohol testing procedures including, but not limited to, refusing, interfering with, or altering a test in any manner.
Prescription Drug Use
1. Being under the influence of legally prescribed drugs in the workplace that prevent an individual from performing the essential functions of the employee's job or where that individual poses a direct threat while using those drugs.
2. Inquiries regarding prescription drug use by employees are governed by the Americans With Disabilities Act of 1990, and therefore should be made only as authorized by the District Administrator.
3. If an employee has been prescribed any controlled substance that the employee has been advised will adversely affect the ability to safely perform the specified job, the employee shall immediately report that to the District.
Treatment Programs

Failure to adhere to the requirements of any drug or alcohol treatment or counseling program in which the employee is enrolled under this policy.
Acknowledgment

Refusing to sign the acknowledgment to the Procedure.
Inspection

Refusing to submit to, or interfering with, an inspection of an employee’s property or person reasonably requested by the District.
Storing any controlled substances or alcohol on District property.

TESTING REQUIREMENTS

Pre-Employment Testing

Upon a conditional offer of employment, applicants for positions requiring a CDL with the District must submit to pre-employment drug testing. The District must obtain the results prior to the individual performing any work for the District. Applicants must also sign a Consent and Release Agreement, allowing the District to obtain information from the applicant’s prior employers.
1. Applicant Positive Test Results at Previous Employers
  
  If a driver-applicant has tested positive for alcohol or drugs at a prior employer, the applicant must be required to complete the DOT-required procedures before being assigned to safety-sensitive function (including, but not limited to, consultation with a Substance Abuse Professional, compliance with the recommendations of the Substance Abuse Professional, satisfactory completion of return-to-work tests, and satisfactory participation in follow-up testing). The District will verify the applicant’s test results with prior employers as required by law.
2. Positive Pre-Employment Test (or Refusal to Take Pre-Employment Test)
  
  During the interview process, all driver-applicants will be asked if they have ever tested positive at a pre-employment test, or ever refused to take a pre-employment test for any employer which the applicant applied for, but did not receive employment, within the prior two (2) years. The employee must answer the questions honestly. If there was a positive test result or refusal to test, the employee cannot be assigned to safety-sensitive functions prior to completing the DOT-required procedures (described in subparagraph 1, above).

Reasonable Suspicion Testing

Drivers are required to submit to drug or alcohol testing, or both, whenever the District has reasonable suspicion to believe that the employee is under the influence of, or using alcohol (before, during, or just after performing a safety-sensitive function), or controlled substances anytime while at work.

District supervisors have been trained to make observations concerning potential alcohol and/or drug use including, but not limited to, factors such as the driver’s appearance, behavior, speech, and body odors.

Whenever a supervisor has reasonable suspicion that an employee is under the influence of alcohol or drugs, or both, the supervisor will do the following:

immediately relieve the employee of all duties;
contact the human resources department or District Administrator for authorization to conduct testing;
document the factors constituting reasonable suspicion on the attached Reasonable Suspicion Documentation Form within twenty-four (24) hours of observing the conduct in question.

The employee under suspicion will be escorted by a District representative to the collection site for the specimen collection. Upon completion of the collection process, arrangements will be made for a spouse, family member, or friend to escort the employee home. If none are available, the District will arrange alternative transportation to get the employee home at the employee’s expense.

Alcohol and drug tests based on reasonable suspicion will be conducted as soon as possible following the observations.

If an alcohol test of a driver is not administered within two (2) hours, the District will be required to verify why the test was not administered. An alcohol test of a driver may not be taken after eight (8) hours following the observed behavior, and the District will be required to verify its reasons for its failure to conduct the test within the eight (8) hours.

No employee shall be allowed to perform any duties for the District including, but not limited to, safety-sensitive functions until after the alcohol or drug test results are received by the District, and the District authorizes the employee to return to duty.

Random Testing

Drivers will be subject to random testing for both drugs and alcohol. The number of random tests will be based on the DOT regulations. Currently, at least fifty percent (50%) of the District’s drivers (or the drivers of any consortium which the District is a member of) must be tested for drugs, and at least ten percent (10%) of its drivers (or the drivers of any consortium which the District is a member of) must be tested for alcohol on an annual basis. A driver selected for a random test must proceed to the collection site immediately.

The random test will not be announced in advance and will be conducted at randomly selected intervals throughout the calendar year. Every driver will have an equal chance of being selected for a test each time a selection is conducted.

Post-Accident Testing
1. Generally
  
  Whenever the District determines that an employee may have contributed to an accident involving a fatality, bodily injury, or damage to property, the District may require the employee to be tested for drugs or alcohol, or both.
  
  In addition, Department of Transportation regulations requirethat drivers submit to post-accident testing for drugs and alcohol under the following circumstances:
  1. When the driver is involved in an accident involving the loss of a human life, regardless of who was at fault; or
  2. When the driver is involved in an accident in which the driver is issued a citation for a moving traffic violation, andthe accident involves an injury to any person who, as a result of the injury, immediately receives medical treatment away from the accident scene, orinvolves disabling damage (i.e., must be towed away or cannot be driven from the accident scene) to any vehicle.

Post-Accident Reporting Procedure And Conduct

When a driver is involved in an accident, the driver shall do the following:

ensure that injured persons receive necessary medical attention;
notify and cooperate with law enforcement officials;
record the name, address, telephone number, and insurance information (i.e., insurance company, agent, and policy number) of other persons involved in the accident;
determine whether any vehicle is disabled, i.e., must be towed or cannot be driven from the accident scene;
notify the District;
follow all directions given by the District, including those concerning drug and alcohol testing;
if drug and alcohol testing is required, the employee is prohibited from consuming any alcohol until the employee has been tested and must remain at the site and available to the District for testing (unless emergency medical treatment is required).

Time Limits for Testing

All efforts will be made to test for alcohol within two (2) hours after the accident. If that cannot be accomplished, the reasons for the failure must be documented, and further attempts must be made for the next six (6) hours. If testing cannot be completed within eight (8) hours, the reason for the failure must be documented.

A drug test must also be conducted within thirty-two (32) hours of the accident or the District will be required to document the reasons for the failure.
Post-Accident Testing Conducted By Federal, State, or Local Officials

The results of alcohol or controlled substances testing conducted by Federal, State, or local officials having independent authority to perform such testing may be used by the District under the Procedure, provided that such testing conforms to applicable Federal, State, or local certification requirements. An employee subject to such testing shall complete a release which authorizes the District to obtain the employee's test results. Failure to provide such authorization shall be considered a refusal to comply with the Procedure, and shall be grounds for discipline, up to and including termination.

Return to Duty Testing

If an employee who has refused a test or who has tested positive is not terminated and is allowed by the District to complete the applicable treatment program described below, before the employee may return to work, the employee must be evaluated by a Substance Abuse Professional, participate in any required substance abuse assistance program, and be tested for drugs and/or alcohol. All test results must be negative.
Follow-Up Testing

Any driver who is allowed to return to work following a positive test or a refusal, and has satisfactorily passed the return-to-duty testing and has completed the required substance abuse assistance programs, will be subject to additional follow up tests over and above the general random tests applied by the District. The employee will be subject to a minimum of six (6) tests during the first twelve (12) months following the return, and further testing for up to five (5) years. The dates, times, and conditions of the testing will be established by the District, in conjunction with any written follow-up testing programs and input from the Substance Abuse Professional.
Pay Status During Testing

Any employee removed from duty for drug or alcohol testing will remain in pay status during the employee's absence from work due to testing requested by the District. An employee who is absent from work for testing will not be in pay status while absent from work. Generally, an employee suspended as a consequence of a positive test result will not be in pay status during the suspension.

CONDUCT CONSTITUTING A "REFUSAL"

Any employee conduct which constitutes a "refusal" to participate in a required drug or alcohol test is considered a positive test result. The following summarizes some of the conduct which can constitute a "refusal":

General Refusals

The following are general examples of conduct that will be considered a "refusal":
1. failure to proceed immediately to the collection site and submit to testing for a required test;
2. failure to remain at the test site until completion of the testing process;
3. failure to provide a urine, saliva, or breath specimen as required under this procedure;
4. failure to permit a monitored or observed collection, when required under this procedure;
5. failure to provide sufficient urine or breath specimen without a valid medical reason;
6. failure to submit to a medical examination to verify a valid medical reason for an inability to provide a sufficient specimen;
7. failure to submit to a second test as directed by the District or a collector;
8. failure to complete any required forms, including, but not limited to, certification forms, authorization and consent forms, or other forms;
9. failure to otherwise cooperate with any part of the testing process.
Invalid Urine Tests

Federal law requires procedures to be followed (called "Validity Testing") to ensure that no urine sample is subject to "tampering" or other conduct which might lead to an inaccurate test result. The following situations could lead to urine test results being classified as a "refusal".
1. Diluted Specimens: A urine sample that exhibits unexpectedly low amounts of creatinine and specific gravity value for human urine will be considered to be a "diluted specimen". A diluted specimen that tests positive is treated as a positive test. If a diluted specimen tests negative, the employee may be required to immediately submit to a second test. The failure to submit to a second test may be considered a "refusal".
2. Substituted Specimen: A urine specimen that exhibits such low levels of creatinine and specific gravity value that are deemed to be inconsistent with human urine will be considered to be a "substituted specimen". A substituted specimen is treated as a "refusal".
3. Adulterated Specimen: A urine specimen that contains substances not expected in human urine, or a specimen containing expected substances, but in unexpectedly high concentrations, will be considered to be an "adulterated specimen". An adulterated specimen is treated as a "refusal".
4. Invalid Specimen: A urine specimen where there is an unexplained interfering substance will be considered to be an invalid specimen. An employee must provide a legitimate medical explanation for the result. If none exists, and if the employee denies tampering, the employee must immediately submit to a second test under "direct observation" procedures. If the employee admits to having adulterated or substituted the specimen, it is treated as a "refusal". If the invalid test results from circumstances unrelated to employee conduct (such as spilled specimens, damaged specimens, or specimens improperly collected), the test will be disregarded, but the employee must immediately submit a new specimen, but not under direct observation procedures.
5. Insufficient Urine Specimen: An employee who is unable to provide a sufficient urine specimen will be urged to drink up to forty (40) ounces of fluid over a three (3) hour period to aid in providing a sufficient urine sample. If no sufficient sample can be obtained within three (3) hours of arriving at the test site, the District is notified, and the employee will be required to be examined by a licensed physician within five (5) working days to determine whether there is a valid medical reason for the inability to provide a sufficient specimen. If no reason is verified, the test is treated as a "refusal". (If there is a legitimate medical reason, the test is canceled.)
Insufficient Alcohol Breathalyzer Test

An employee who is unable to provide a sufficient breathalyzer specimen after three (3) attempts will be required to be examined by a licensed physician within five (5) working days to determine whether there is a valid medical explanation for the failure. If the failure is not based on any legitimate medical reason, the test is treated as a "refusal". (If there is a legitimate medical reason, the test is canceled.)

General Rules

Discipline will also be imposed if a CDL license holder:

fails to enroll, when requested by the District, in alcohol or other controlled substance treatment or counseling program and/or fails to adhere to the requirements of the program;
is indicted or convicted under any criminal drug statute for a violation occurring in the workplace or outside the workplace;
fails to notify the District of any indictment or conviction under any criminal drug statute within five (5) days of the event;
does not comply with regulations promulgated under any testing program.

CONSEQUENCES OF VIOLATIONS OF THIS PROCEDURE

Employees who violate the Procedure are subject to a number of overlapping adverse consequences, some imposed by Federal law, and others imposed by the District. These include the following:

Relieved of Duties and Disciplined

Any employee who engages in conduct prohibited under the Procedure may be relieved of duties and subject to disciplinary action, up to and including termination of employment.
Positive Alcohol Tests

Federal law imposes several consequences for a positive alcohol test.
1. .02 to .039 Breath Alcohol Concentration: Drivers who have a positive test result of .02 or greater, but less than .04 alcohol concentration, must be removed from all safety-sensitive functions for a period of at least twenty-four (24) hours.
2. Alcohol Concentration of .04 or Greater: Drivers with an alcohol concentration of .04 or greater must be removed from all safety-sensitive functions immediately. Before being reassigned to any safety-sensitive function for any employer, the employee must consult with a DOT-qualified Substance Abuse Professional, complete any treatment assigned by that professional, and submit to return to work and follow up testing.
Positive Drug Test

Any employee who tests positive for controlled substances must be immediately removed from all safety-sensitive functions. Before being reassigned to any safety-sensitive function for any employer, the employee must meet with a DOT-qualified Substance Abuse Professional, complete any required treatment recommended by that professional, and submit to return to work and follow up testing.

IDENTITY OF PERSONS RESPONSIBLE FOR ADMINISTERING THIS PROCEDURE

District Representative

The following District representatives are responsible for administering the Procedure, and answering questions concerning the Procedure:
Name: Ryan Bandt

Phone Number: 920-675-1044

E-Mail Address: bandtr@sdoj.org

If an employee needs to contact the District after hours or if a District Representative is unavailable, the following individual should be contacted:

Name: Charles Urness

Title: Superintendent

Phone Number: 920-675-1013
Substance Abuse Professionals

Employees who violate the Procedure will be provided with the names, addresses, and telephone numbers of properly qualified Substance Abuse Professionals.
Any driver not terminated will be required, before being reassigned to a safety-sensitive function (for this or any other District), to comply with all of the following procedures:
1. Submit to an initial face-to-face assessment and evaluation by the Substance Abuse Professional.
2. The Substance Abuse Professional will refer the driver to an appropriate education and/or treatment program based on the initial assessment and evaluation. (This could include, but is not limited to, educational programs such as self-help groups (for example, Alcoholics Anonymous), community lectures, drug and alcohol educational courses, outpatient counseling programs, after-care programs, partial inpatient treatment programs, or inpatient hospitalization.)
3. The driver must complete the education and/or treatment program assigned by the Substance Abuse Professional. The driver must submit to a follow-up face-to-face reevaluation with the Substance Abuse Professional after completing the education or treatment program assigned to them.
4. The driver must comply with follow-up drug and/or alcohol testing, as well as possible continuing education and/or treatment, as directed by the District (with input from the Substance Abuse Professional).
  
  The District makes no representation concerning, assumes no responsibility for, and shall not be liable for any treatment provided by a Substance Abuse Professional. Further, the District is not liable to pay for any services provided by a Substance Abuse Professional under the Procedure.
Breath Alcohol/Urine Collection Site Locations

Employees may be sent to the Fort HealthCare Business Services for testing under the Procedure.

PROCEDURES AND SAFEGUARDS USED IN CONDUCTING THE DRUG AND ALCOHOL TESTING

The District has adopted a multitude of procedures to safeguard the accuracy of testing procedures to protect employees from inaccurate results and inadvertent consequences. These safeguards include the District’s retention of qualified, trained personnel to conduct the drug and alcohol testing, retention of trained, qualified, and Federally-certified laboratories to perform the analysis of urine samples, the retention of qualified and trained physicians to serve as Medical Review Officers, the internal training of the District’s supervisors and other personnel charged with administering the Procedure, and other measures.

The District complies with the Federally-regulated procedures for conducting the collection and testing of breath and urine samples under this Procedure. Attached, as Appendix "A" (see below), is a summary of those testing procedures and other safeguards.

One important feature of the safeguards is the employee’s right to test, at a second laboratory, at the employee’s cost, the split sample of a urine specimen.

ADVERSE MEDICAL CONSEQUENCES OF DRUG AND ALCOHOL USE

The Federal government also requires the District to provide information to drivers about the adverse consequences of drug and alcohol use. Attached as Appendix "B" (see below) is a description of adverse consequences associated with drug and alcohol use. Further information may be obtained from the substance abuse professionals listed above.

CONFIDENTIALITY

All matters and documents under the Procedure shall be treated confidentially to the maximum extent possible consistent with the interests of the District and applicable legal requirements.

CONCLUSION

The District anticipates that the Procedure will serve to increase the productivity of its workforce, promote safety in the workplace and to our employees in the public, and advance the health and well-being of our employees and students. The District expects each employee to commit to the Procedure and help make it work.

Violation of the Procedure may have severe consequences to the employee and also to the employee’s family and dependents. Employees are urged to take this into consideration in their future actions.

The District is confident that the Procedure will not overburden its employees and will serve to increase morale, safety, and productivity in the workplace.

All employees must sign the Acknowledgement attached to the Procedure and return it to the District.

APPENDIX "A"

TESTING PROCEDURES AND SAFEGUARDS (Customize For District’s Testing Procedures)

The District complies with the drug and alcohol testing procedures prescribed by the Federal DOT rules. The District has also established additional safeguards to facilitate the accuracy of test results and to provide assurances to its employees. Generally, the safeguards and regulations applicable to drivers of commercial motor vehicles will be applied to non-drivers. However, the District reserves the right to deviate from these procedures for non-drivers.

Qualifications

One of the principal safeguards for our employees is Federal regulations requiring qualifications, training, and certification for "collectors" (both urine and breath-alcohol), laboratory, Medical Review Officers, and District supervisors/managers. Our District has retained collectors, laboratories, and Medical Review Officers that meet these requirements, and we have conducted necessary training of applicable management staff.
In addition, the law requires that collection "sites" meet very specific standards. Finally, documentation of the collection and testing process must be completed and preserved pursuant to Federally-required forms and procedures.
Urine Collection Procedures for Drug Testing

The following is a summary of the urine drug screen collection and test process (note that those procedures are subject to change as may be required by Federal law):
1. Employees are required to report immediately to the designated collection site for any required testing. The collector will notify the District of late arrivals.
2. In the event alcohol testing is also required, the alcohol testing must be done before the urine collection if practicable.
3. The employee must submit a picture ID to the collector to be identified by an employer representative. The employee may request the collector to present identification.
4. The collector will review the collection procedures with the employee and review the Federally-required form which will be completed by both the employee and the collector. This form is entitled "Federal Drug Testing Custody and Control Form".
5. The employee will then be required to remove outer clothing (such as overcoats, coveralls, suit coats, or hats), and will be required to store all personal belongings, such as briefcases, purses, and other items, in a mutually agreeable location.
6. The employee will then be required to empty their pockets to display the items to the collector. If the collector determines that nothing can be used to adulterate a urine specimen, the items will be allowed to be returned to the pockets. If the collector identifies items that could be used to tamper with a specimen, the collector will require that the employee submit to a "directly observed" collection (unless the collector determines that the materials were brought in inadvertently).
7. The employee will then be instructed to wash and dry their hands. The employee will not have access to water or other materials to be used to adulterate or dilute the urine specimen after this point in the procedure.
8. The collector or employee will then unwrap a sealed "collection container". This is the only item that the employee is allowed to take into the room for urination.
9. The employee will be instructed to then enter the room used for urination, provide a specimen of at least forty-five (45) ml, not flush the toilet, and return the specimen as soon as the employee has completed the process. No one will be in the room with the employee except in the case of an "observed" or "monitored" collection.
10. The employee will then present the urine sample to the collector.
  1. There must be at least forty-five (45) ml of urine. If there is not, the collector will proceed with "shy bladder" procedures.
  2. The urine sample must be within the Federally-acceptable temperature ranges. If it is not, a new collection will be immediately required using "direct observation" procedures.
  3. The collector will observe the specimen for signs of tampering. If tampering is indicated, the employee will be required to provide a new collection using "direct observation" procedures.
11. If the employee cannot provide a sufficient amount of urine, the employee will be allowed up to three (3) hours to provide another specimen (the "shy bladder" procedures). During that time, the employee will be allowed to drink up to forty (40) ounces of fluid. If the employee refuses to attempt to provide a second specimen, it will be designated a "refusal". If the employee is unable to provide a sufficient specimen within three (3) hours, the District will be notified and the employee will be required to submit to an evaluation by a licensed physician to determine if there is a medical explanation.
12. In several situations (for example, urine sample not within Federally-accepted temperature ranges, or evidence of tampering exists), the employee will be required to submit to "direct observation" collection procedures which include the following:
  1. A person (known as the "observer") will be required to specifically observe the employee’s urine go from the employee’s body into the collection container.
  2. The "observer" may be the collector, but is not required to be the collector.
  3. The "observer" is required to be the same gender as the employee.
  4. If the observer is not the collector, the observer cannot take the specimen directly from the employee, but must watch the container while the employee submits it to the collector.
13. After obtaining a proper urine sample, the collector will divide the urine sample into two (2) specimen bottles, one used for the "primary" collection/testing, and the second used for "split-specimen" testing. A seal will be placed on the bottles, and the employee will be asked to initial the seals.
14. The employee and the collector will then complete the remainder of the Federal Drug Testing Custody and Control Form, and that form will be placed with the specimen bottles for delivery to the laboratory.
15. The laboratory will test for five (5) drugs or classes of drugs:
  1. marijuana;
  2. cocaine;
  3. amphetamines;
  4. opiates;
  5. phencyclidine (PCP).
16. The laboratory will also conduct "validity testing" to determine whether the sample was adulterated, substituted, or diluted.
17. The laboratory will then issue one of the following findings regarding the urine sample:
  1. The urine is negative.
  2. The sample was negative – diluted.
  3. The sample was rejected for testing (with an explanation).
  4. The sample was positive (with the specific drugs noted).
  5. The sample was positive (with the specific drugs noted and diluted).
  6. The sample was adulterated (with an explanation).
  7. The sample was substituted (with an explanation).
  8. There was an invalid result (with an explanation).
18. The laboratory results are then conveyed to the Medical Review Officer (not to the District).
19. The Medical Review Officer will review the tests and determine whether there is a legitimate medical explanation for all confirmed positive, adulterated, substituted, or invalid test results. If there is a confirmed positive, adulterated, substituted, or invalid drug test, the Medical Review Officer will conduct a "verification interview" with the employee. During that interview, the employee may indicate any medications or other substances that the employee is using or medical conditions the employee reports having, that may have affected the test result. The Medical Review Officer may contact the employee’s physician and take all necessary and reasonable steps to verify any medical information that the employee presents. The Medical Review Officer may direct the employee to undergo further medical evaluation by the Medical Review Officer or another physician.
20. The Medical Review Officer will also inform the employee of the right to have the "split specimen" tested by another laboratory at the employee’s cost.
21. The Medical Review Officer will attempt to reach the employee at least three (3) times over a twenty-four (24) hour period. If the Medical Review Officer is unable to reach the employee, the District will be notified and the District will attempt to contact the employee and inform the employee to contact the Medical Review Officer.
22. The Medical Review Officer will not verify a positive test result to the employer without communicating to the employee, unless the employee declines the opportunity to discuss the test results, more than seventy-two (72) hours have passed since the District contacted the employee to advise the employee to contact the Medical Review Officer, or if neither the Medical Review Officer nor the District has been able to contact the employee within ten (10) days from the date that the Medical Review Officer received the confirmed test result.
23. If the employee elects to have the split-specimen tested, the employee must notify the Medical Review Officer within seventy-two (72) hours after being advised of this right.
24. The Medical Review Officer will notify the District of the final test results, and the District will proceed as indicated in the Procedure.
Alcohol Testing Procedures

The following is a description of the procedures used to test for the employee’s possible use of alcohol (note that these procedures are subject to change as may be required by Federal law or District Procedure, or both):
1. Like the drug testing procedures, the employee must report immediately to the collection site for any required testing.
2. The employee must provide a picture ID or be identified by an employer representative.
3. The technician and the employee will then review the Federally-required form (the "Alcohol Testing Form"), which will be completed by both the technician and the employee.
4. The alcohol testing is then performed in two (2) stages, an initial or "screening" test, and a final or "confirmation" test.
5. The screening test can be performed using either a breath test or a saliva test, but either type of test must be performed with a device that has been pre-approved by the Federal government.
6. During this screening test, the technician will unwrap the mouthpiece (for a breathalyzer device) in front of the employee and ask the employee to blow into the mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
7. If a saliva test is used, the technician will open the package containing the device in front of the employee and will either allow the employee to insert the device into their mouth or will, with the employee’s permission, insert the device into the employee’s mouth (wearing approved gloves), and obtain the necessary amount of saliva on the test device.
8. If insufficient saliva is provided, the employee will be required to make another attempt. If the second attempt does not result in sufficient saliva, the District will be notified, and the employee will be required to submit to a breath testing device to perform the screening test.
9. If insufficient breath is provided, the employee will be instructed to make a second attempt. If there is insufficient breath after the second attempt, the collector may allow the employee to make a third attempt. If there is insufficient breath after three (3) attempts, then, for initial screening, a saliva test may be used, but for the final testing, the employee will be directed to obtain, within five (5) working days, an evaluation from a licensed physician to determine whether there is a medical explanation for the failure. If no medical explanation is provided, the test will be considered a "refusal".
10. The employee will then be informed of the results of the breath or saliva screening test.
11. If the screening test result is less than .02 alcohol concentration, the test will be considered a negative and the employee will be dismissed.
12. If the screening test result indicates an alcohol concentration of .02 or higher, a confirmation test must be given.
13. Before the confirmation test is given, a "waiting period" of at least fifteen (15) minutes, but not more than thirty (30) minutes, must occur. During this period, the employee is not allowed to eat, drink, or put anything (such as a cigarette or chewing gum) in their mouth, or belch. Note: Careful compliance with the waiting period is for the employee’s benefit – the purpose is to prevent an accumulation of mouth alcohol leading to an artificially high reading. The confirmation test will be performed even if the employee has not complied with the waiting period instructions.
14. The confirmation test will be performed on a breathalyzer device.
15. The technician will conduct an air blank on the breathalyzer machine and show the reading to the employee. The reading should be 0.00. If it is not, a second test will be done. If that test does not reflect a 0.00 reading, the breathalyzer will be taken out of service and a different one used.
16. The technician will then open the mouthpiece and insert it into the device, and the employee will then be required to blow into the mouthpiece for a least six (6) seconds or until an adequate amount of breath is obtained. (If sufficient breath is provided, the same steps as in the screening process will be followed.)
17. The technician will then complete the Alcohol Testing Form, indicating the results of the breathalyzer.
18. Results will be communicated to the District by the technician, and the District will proceed as indicated in this procedure.

APPENDIX "B"

ADVERSE MEDICAL EFFECTS OF ALCOHOL AND DRUG USE

Federal law mandates that all employees be provided with training material discussing the effects of alcohol and controlled substance use on an individual’s health, work, and personal life. This material is intended to help individuals understand the personal consequences of substance abuse.

Alcohol

Although used routinely as a beverage for enjoyment, alcohol can also have negative physical and mood-altering effects when abused. These physical or mental alterations may have serious personal and public safety risks.

Health Effects

An average of three (3) or more servings per day of beer twelve ounces (12 oz.), whiskey one ounce (1 oz.), or wine six ounces (6 ozs.) over time may result in the following hazards:

dependency;
fatal liver disease;
kidney disease;
pancreatitis;
ulcers;
decreased sexual functions;
increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and malignant melanoma;
spontaneous abortion and neonatal mortality;
birth defects.

Social Issues

Two-thirds (2/3’s) of all homicides are committed by people who drink prior to the crime.
Two-thirds (2/3’s) of the driving population are legally drunk at any one time. This rate doubles at night and on weekends.
Two-thirds (2/3’s) of all Americans will be involved in an alcohol-related vehicle accident during their lifetime.
The separation and divorce rate in families with alcohol dependency problems is seven (7) times the average.
Forty percent (40%) of family court cases are alcohol-related.
Alcoholics are fifteen (15) times more likely to commit suicide.
More than sixty percent (60%) of burns, forty percent (40%) of falls, sixty-nine percent (69%) of boating accidents, and seventy-six percent (76%) of private aircraft are alcohol-related.
Over 13,000 fatalities occurred in 2024 in highway accidents which were alcohol-related. This was thirty-three percent (33%) of all highway fatalities.
30,000 people will die each year from alcohol-caused liver disease.
10,000 people will die each year due to alcohol-related brain disease or suicide.
Up to 125,000 people die each year due to alcohol-related conditions or accidents.

Workplace Issues

It takes one (1) hour for the average person (150#) to process one (1) serving of alcohol from the body. A person who is legally intoxicated is six (6) times more likely to have an accident than a sober person.

Alcohol’s Trip Through the Body

Mouth and Esophagus: Alcohol is an irritant to the delicate linings of the throat and food pipe. It burns as it goes down.

Stomach and Intestines: Alcohol has an irritating effect on the stomach’s protective lining, resulting in gastric or duodenal ulcers. This condition, if it becomes acute, can cause peritonitis or perforation of the stomach wall. In the small intestine, alcohol blocks absorption of such substances as thiamin, folic acid, fat, vitamin B1, vitamin B12, and amino acids.

Blood Stream: Ninety-five percent (95%) of the alcohol taken into the body is absorbed into the bloodstream through the lining of the stomach and duodenum. Once in the bloodstream, alcohol quickly goes to every cell and tissue in the body. Alcohol causes red blood cells to clump together in sticky wads, slowing circulation and depriving tissues of oxygen. It also causes anemia by reduction of red blood cell production. Alcohol slows the ability of white cells to engulf and destroy bacteria and degenerates the clotting ability of blood platelets.

Pancreas: Alcohol irritates the cells of the pancreas, causing them to swell, thus blocking the flow of digestive enzymes. The chemicals unable to enter the small intestine, begin to digest the pancreas, leading to acute hemmorrhagic pancreatitis. One (1) out of five (5) patients who develop this disease dies during the first attack. Pancreatitis can destroy the pancreas and cause a lack of insulin, thus resulting in diabetes.

Liver: Alcohol inflames the cells of the liver, causing them to swell and block the tiny canal to the small intestines. This prevents bile from being filtered properly through the liver. Jaundice develops, turning the whites of the eyes and skin yellow. Each drink of alcohol increases the number of live cells destroyed, eventually causing cirrhosis of the liver. This disease is eight (8) times more frequent among alcoholics than among non-alcoholics.

Heart: Alcohol causes inflammation of the heart muscle. It has a toxic effect on the heart and causes increased amounts of fat to collect, thus disrupting its normal metabolism.

Urinary Bladder and Kidneys: Alcohol inflames the lining of the urinary bladder, making it unable to stretch properly. In the kidneys, alcohol causes increased loss of fluids through its irritating effect.

Sex Glands: Swelling of the prostate gland caused by alcohol interferes with the ability of the male to perform sexually. It also interferes with the ability to climax during intercourse.

Brain: The most dramatic and noticeable effect of alcohol is on the brain. It depresses brain centers, producing progressive incoordination: confusion, disorientation, stupor, anesthesia, coma, and death. Alcohol kills brain cells and brain damage is permanent. Drinking over a period of time causes loss of memory, judgment, and learning ability.

MARIJUANA

Health Effects

Emphysema-like conditions.
One joint of marijuana contains cancer-causing substances equal to one-half (1/2) pack of cigarettes.
One (1) joint causes the heart to race and be overworked. People with heart conditions are at risk.
Marijuana is commonly contaminated with the fungus Aspergillus which can cause serious respiratory tract and sinus infections.
Marijuana lowers the body’s immune system response, making users more susceptible to infection.
Chronic smoking causes changes in brain cells and brain waves. The brain does not work as efficiently or effectively. Long-term brain damage may occur.
Tetrahydrocannabinol (THC) and sixty (60) other chemicals in marijuana concentrate in the ovaries and testes.
Chronic smoking of marijuana in males causes a decrease in testosterone and an increase in estrogen, the female hormone. As a result, the sperm count is reduced, leading to temporary sterility.
Chronic smoking of marijuana in females causes a decrease in fertility.
A higher-than-normal incidence of stillborn births, early termination of pregnancy, and higher infant mortality rate during the first few days of life are common in pregnant marijuana smokers.
THC causes birth defects, including brain damage, spinal cord, forelimbs, liver, and water on the brain and spine in test animals.
Prenatal exposure may cause underweight newborn babies.
Fetal exposure may decrease visual functioning.
User’s mental function can display the following effects:
1. delayed decision making;
2. diminished concentration;
3. impaired short-term memory;
4. impaired signal detection;
5. impaired tracking;
6. erratic cognitive function;
7. distortion of time estimation.

Workplace Issues

THC is stored in body fat and slowly released.
Marijuana smoking has long-term effects on performance.
Increased THC potency in modern marijuana dramatically compounds the side-effects.
Combining alcohol or other depressant drugs with marijuana increases the impairing effects of both.

COCAINE

Used medically as a local anesthetic. When abused, it becomes a powerful physical and mental stimulant. The entire nervous system is energized. Muscles tense, the heart beats faster and stronger, and the body burns more energy. The brain experiences an exhilaration caused by a large release of neurohormones associated with mood elevation.

Health Effects

Regular use may upset the chemical balance of the brain. As a result, it may speed up the aging process by causing damage to critical nerve cells. Parkinson’s Disease could also occur.
Cocaine causes the heart to beat faster, harder, and rapidly increases blood pressure. It also causes spasms of blood vessels in the brain and heart. Both lead to ruptured vessels, causing strokes and heart attacks.
Strong dependency can occur with one "hit" of cocaine. Usually, mental dependency occurs within days for "crack" or within several months for snorting coke. Cocaine causes the strongest mental dependency of all the drugs.
Treatment success rates are lower than other chemical dependencies.
Extremely dangerous when taking with other depressant drugs. Death due to overdose is rapid. Fatal effects are usually not reversible by medical intervention.

Workplace Issues

Extreme mood and energy swings create instability. Sudden noise causes a violent reaction.
Lapses in attention – ignoring warning signals, increases probability of accidents.
High cost frequently leads to theft and/or dealing.
Paranoia and withdrawal may create unpredictable or violent behavior.
Performance is characterized by forgetfulness, absenteeism, tardiness, and missing assignments.

OPIATES

Narcotic drugs which alleviate pain and depress body functions and reactions.

Health Effects

IV needle users have a high risk of contracting hepatitis or AIDS when sharing needles.
Increase pain tolerance. As a result, a person may more severely injure themselves and fail to seek medical attention as needed.
Narcotic effects are multiplied when combined with other depressants, causing an increased risk for an overdose.
Because of tolerance, there is an ever-increasing need for more.
Strong mental and physical dependency occurs.
With increased tolerance and dependency combined, there is a serious financial burden for the users.

Workplace Issues

Side-effects such as nausea, vomiting, dizziness, mental clouding, and drowsiness place the user at high risk for an accident.
Causes impairment of physical and mental functions.

AMPHETAMINES

Central nervous system stimulant that speeds up the mind and body.

Health Effects

Regular use causes strong psychological dependency and increased tolerance.
High doses may cause toxic psychosis resembling schizophrenia.
Intoxication may induce a heart attack or stroke due to increased blood pressure.
Chronic use may cause heart or brain damage due to severe constriction of capillary blood vessels.
Euphoric stimulation increases impulsive and risk-taking behavior, including bizarre and violent acts.
Withdraw may result in severe physical and mental depression.

Workplace Issues

Since the drug alleviates the sensation of fatigue, it may be abused to increase alertness during periods of overtime or failure to get rest.
With heavy use or increasing fatigue, the short-term mental or physical enhancement reverses and becomes an impairment.

PHENCYCLIDINE (PCP)

Often used as a large animal tranquilizer. Abused primarily for its mood-altering effects. Low doses produce sedation and euphoric mood changes. Mood can rapidly change from sedation to excitation and agitation. Larger doses may produce a comalike condition with muscle rigidity and a blank stare. Sudden noises or physical shocks may cause a "freak out" in which the person has abnormal strength, violent behavior, and an inability to speak or comprehend.

Health Effects

The potential for accidents and overdose emergencies is high due to the extreme mental effects combined with the anesthetic effect on the body.
PCP, when combined with other depressants, including alcohol, increases the possibility of an overdose.
If misdiagnosed as LSD induced and treating with Thorazine, can be fatal.
Irreversible memory loss, personality changes, and thought disorders may result.

Workplace Issues

Not common in workplace primarily because of the severe disorientation that occurs.
There are four (4) phases of PCP abuse:
1. acute toxicity causing combativeness, catatonia, convulsions, and coma;
2. toxic psychosis with visual and auditory delusions, paranoia, and agitation;
3. drug-induced schizophrenia;
4. induced depression which may create suicidal tendencies and mental dysfunction.

ACKNOWLEDGMENT OF RECEIPT OF DRUG AND ALCOHOL PROCEDURE AND TESTING PROCEDURE

I hereby acknowledge receipt of Drug and Alcohol Procedure and Testing Procedure for ________________. I understand that compliance with this Procedure is a condition of my continued employment.

________________________________
Employee’s Signature

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Employee’s Name (Printed)

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Social Security Number

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Date Signed

This Acknowledgment must be returned to your supervisor or the Human Resources department within seven (7) days of date issued with your signature and date.