EEBE/GBCD ALCOHOL AND CONTROLLED SUBSTANCES TESTING POLICY
E - SUPPORT SERVICES
GBCD/EEBE ALCOHOL AND CONTROLLED SUBSTANCES TESTING POLICY
The purpose of this policy is to establish guidelines for mandatory drug and alcohol testing for all Uinta County School District Number One (“District”) employees.
The District recognizes that the influence and/or use of drugs, including alcohol, is capable of threatening the safety, welfare and well-being of both students and other employees and will not be tolerated. The safety and security of District employees and students is a priority and the District is committed to providing an alcohol and drug-free work environment for the safety of students, employees, and the public.
No employee shall unlawfully manufacture, use, possess, distribute, or dispense controlled substances while performing duties for the District. Furthermore, no employee shall have a detectable presence of alcohol or any controlled substance (as defined in W.S. 35-7-1001 et seq.) in his/her body while performing duties of the District, while in District vehicles, or while on District property.
“Safety-sensitive function” shall include: driving District vehicles; transportation of students and/or staff; operation of hazardous or heavy equipment including, but not limited to snowplows, earth-moving equipment, forklifts, manlifts and tractors; inspecting and servicing equipment; and any other activities identified by the School Board or their designee. Safety-sensitive functions shall only consist of on-duty safety sensitive functions performed from the time an employee begins work or is required to be ready to work until he/she is relieved from work and all responsibility for performing work.
“Safety-sensitive position” means any position requiring an employee to perform a safety-sensitive function.
Alcohol tests are required for the following situations: 1) Reasonable suspicion; 2) Post-accident testing; 3) Return to duty or follow-up; 4) Pre-employment screening (CDL and safety sensitive positions); 5) Random testing (CDL and safety sensitive positions); and 6) Non-D.O.T. testing for safety sensitive positions.
The alcohol-related conduct which prohibits performance of the employee's duties include having a blood alcohol content of 0.02% or greater, using alcohol while in the performance of the employee's duties, performance of the employee's duties or function within four (4) hours after using alcohol, and refusing to submit to an alcohol test and using alcohol within eight (8) hours after an accident or until tested.
Employees who engage in prohibited alcohol conduct (i.e. a blood alcohol content of 0.02% or more) must be immediately removed from their assigned duties and will be subject to disciplinary action which may include suspension, termination, or dismissal.
DRUG TESTING: AN OVERVIEW
Drug tests: are required for the following situations: 1) Reasonable suspicion; 2) Post-accident testing; 3) Return to duty or follow-up; 4) Pre-employment screening (CDL and safety sensitive positions); 5) Random testing (CDL and safety sensitive positions); and 6) Non-D.O.T. testing for safety sensitive positions.
Drug testing is conducted by analyzing an employee’s urine specimen for the following drugs at the identified thresholds: Amphetamine – 1000 (NG/ML), Barbiturates – 200 (NG/ML), Benzodiazepine – 300 (NG/ML), Cannabinoid 100 (NG/ML), Cocaine – 300 (NG/ML), Methaqualone – 750 (NG/ML), Opiates – 300 (NG/ML), Phencyclidine – 25 (NG/ML), Alcohol – 50 (NG/ML), or other illicit drugs or controlled substances including those controlled substances as defined by the Wyoming Controlled Substances Act, W.S. 35-7-1001 et seq., at threshold levels established by the National Institute on Drug Abuse (NIDA). Any unauthorized use of drugs and controlled substances set forth herein are prohibited. Employees who engage in unauthorized use of drugs and controlled substances while on duty and test positive at the identified concentrations must be immediately removed from their assigned duties and will be subject to disciplinary action which may include suspension, termination, or dismissal.
ALCOHOL AND CONTROLLED SUBSTANCES TESTING
- REQUIRED TESTING - The following test(s) shall be required by the District of all employees:
A. Reasonable Suspicion Test:
Every employee of the District, as a condition of employment, shall be required to submit to urinalysis for determining use and/or presence of drugs or a breathalyzer test for determining the presence of alcohol upon reasonable suspicion that the employee is under the influence and/or impaired in performing job responsibilities. Reasonable suspicion for requiring a drug/alcohol test shall be based upon observation indications of impairment as outlined in policy GBCD-R (Reasonable Suspicion Impairment Inventory).
When a supervisor has reasonable suspicion that an employee has used a prohibited drug and/or engaged in alcohol misuse, the supervisor shall follow the following process:
- The supervisor who is suggesting an employee be tested shall complete the impairment inventory form identifying the observed indications of impairment and communicate those indications to the Superintendent.
- The Superintendent or designee shall notify the employee of the recommendation for testing and shall allow the employee to appear and offer such evidence as the employee desires prior to the Superintendent or designee acting on the recommendation for testing. The employee may be permitted to have a representative of the employee’s choice, including an attorney, present when the allegations are explained to the employee. Time is of the essence in action upon the recommendation, delays will not be allowed.
- If the employee cannot satisfactorily explain the behavior the Superintendent or designee will recommend that the employee undergo a drug and/or alcohol test.
- If the employee agrees to be tested, he/she will complete the District consent form and a specimen/test result will be obtained.
- Refusal to submit to such testing when requested to do so shall be treated as a positive test rendering the employee unqualified to fulfill their assigned duties. The employee will face disciplinary action which may include suspension, termination, or dismissal.
- If the employee's test is positive for use of alcohol, controlled substances and/or drugs, the employee will be subject to disciplinary action which may include suspension, termination, or dismissal.
B. Employee Post-Accident Testing:
The District shall require an employee to undergo drug and/or alcohol testing after an accident in which the employee is operating a vehicle owned, leased or rented by the District if (1) there is a fatality and/or (2) one or more persons required medical treatment either at or away from the accident scene, and/or (3) one of the vehicles must be towed away from the scene or the property damage to any vehicle is estimated to be in excess of $500.00, and/or (4) the District employee receives a citation arising from the accident. In such cases, the procedure set forth in the reasonable suspicion testing will be followed, except that the employee shall be advised that such tests are required as part of the accident investigation. If the employee's confirmation test is positive for use of alcohol, controlled substances or drugs, the employee will be subject to disciplinary action which may include suspension, termination, or dismissal.
Refusal to submit to such testing when requested to do so shall be treated as a positive test rendering the employee unqualified to fulfill their assigned duties. The employee will face disciplinary action which may include suspension, termination, or dismissal.
C. Return to Duty/Follow-up Testing:
Any employee who has been found to have violated the alcohol and controlled substance policy must undergo an alcohol and/or controlled substance test with the result indicating a verified negative result for alcohol and /or controlled substances before returning to work and shall be subject to unannounced, follow-up alcohol and controlled substance testing over the first twelve (12) month following his/her return to duty. The District will determine the number of follow-up tests.
D. Pre-employment/Job Applicant Testing (Employees requiring a CDL and/or in safety sensitive positions).
All applicants for positions with the District requiring a CDL and/or in safety sensitive positions will be required to undergo drug/alcohol screening prior to their employment. All such job applicants will be informed of the District's alcohol and drug testing policy and a copy of the policy will be made available upon request. All such applicants will be informed in writing prior to any drug and/or alcohol screening that such tests are required and that their employment is conditioned upon passing such test, and conditioned upon any and all future tests administered pursuant to this policy. If an applicant's initial drug and/or alcohol test is positive, a confirmation test will be conducted. If a confirmation test from split sample is requested, no action on the applicant's initial employment will be taken until the results of the alcohol or illegal drugs or, if requested, an applicant's confirmation test is positive for alcohol and/or illegal drugs, the applicant will not be employed. Upon written request, a copy of the confirmation test will be supplied to the applicant.
E. Random Employee Testing (Employees requiring a CDL and/or in safety sensitive positions):
To maintain the District's priority of ensuring the safety, health and well being of students, employees and the traveling public, the District retains the right to randomly test for alcohol and/or illegal drugs on all employees requiring a CDL and/or employed in safety sensitive positions. Alcohol and drug tests shall be conducted on a random basis at unannounced times throughout the year. The dates for administering random alcohol and drug tests conducted under this section will be spread reasonably throughout the calendar year. An employee shall only be tested for alcohol and/or drugs 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.
The Department of Transportation regulations require that annually the number of random tests equal twenty-five percent (25%) of the number of employees in the random testing pool for drugs and ten percent (10%) for alcohol. Any employee selected for random testing shall be assured that his selection does not mean that the District suspects usage of alcohol and/or illegal drugs.
The District will choose a method of random selection such as a computer program or assigning code numbers to employees, etc.
In the event an employee is unavailable for testing on the assigned date, he/she will be tested on the next drug testing date. The employee will not be notified until available. If the employee's confirmation test is positive for abuse and/or use of alcohol and/or controlled substances or drugs, he/she will be subject to disciplinary action which may include suspension, termination, or dismissal.
Refusal to submit to such testing when requested to do so shall be treated as a positive test rendering the employee unqualified to fulfill their assigned duties. The employee will face disciplinary action, which may include suspension, termination, or dismissal.
F. Non-DOT Testing:
To maintain the District's priority of ensuring the safety, health and well being of students, employees and the traveling public, this section implements non-DOT drug and alcohol testing as a supplement to the testing required by the DOT standards for drug and alcohol testing.
Every employee in a safety-sensitive position in the District shall be subjected to non-DOT drug and alcohol tests at various times throughout the year at the discretion of the District. Non-DOT testing shall not exceed one test per month for each employee. An employee shall only be tested for drugs or alcohol under this section 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.
ALCOHOL TESTING PROCEDURES
A. Equipment Used to Test (DOT and non-DOT):
All alcohol breath tests shall be conducted on an approved evidential breath-testing device (EBT) by a trained breath alcohol technician (BAT). A BAT - qualified supervisor of an employee - may conduct the alcohol test for that employee only if another BAT is unavailable to perform the test in a timely manner. EBT's shall be able to distinguish alcohol from acetone at the 0.02% alcohol concentration level and shall be capable of testing an air blank prior to each collection of breath and performing an external calibration check. In order to be used in either screening or confirmation alcohol testing, an EBT shall have quality assurance plan (QAT) developed by the manufacturer.
Breath alcohol testing will be conducted at a location that affords policy privacy to the employee being tested sufficient to prevent unauthorized persons from seeing or hearing the test or its results. All necessary equipment, personnel and materials for breath testing shall be provided at the location where testing is conducted. In some unusual circumstances, such as when it is essential to conduct a test outdoors at the scene of an accident, a test may be conducted at a location that provides visual and aural privacy to the greatest extent practicable. When the subject employee enters the alcohol testing location, the BAT will require said employee to provide positive identification. The BAT shall explain the testing procedure to the employee. The procedure to be followed by the BAT for screening test is as follows:
- The BAT shall complete Step 1 on the breath alcohol testing form. The employee shall then complete Step 2 on the form, signing the certification. Refusal by the employee to sign this certification shall be regarded as refusal to take the test.
- An individually sealed mouthpiece shall be opened in view of the employee and BAT and attached to the EBT in accordance with the manufacturer's instructions.
- The BAT shall instruct the employee to blow forcefully into the mouthpiece for at least six (6) seconds or until the EBT indicates that an adequate amount of breath has been obtained. If the EBT provides a printed result, but does not print the results directly onto the form, the BAT shall show the employee the results display on the EBT. The BAT shall then affix the test result printout to the breath test form in the designated space, using a method that will provide clear evidence of removal.
- If the EBT prints the test results directly onto the form, the BAT shall show the employee the result displayed on the EBT.
- In any case in which the result of the screening test is a breath alcohol concentration of less than 0.02%, the BAT shall date the form and sign the certification in Step 3 of the form. The employee shall sign the certification and fill in the date in Step 4 of the form.
- If the employee does not sign the certification in Step 4 of the form or does not initial the logbook entry for a test, it shall be considered a refusal to be tested. In this event, the BAT shall note the employee's failure to sign or initial in the "Remarks" section of the form.
- No further testing is authorized. BAT shall transmit the result of less than 0.02% to the employer in a confidential manner, and the employer shall receive and store the information so as to ensure that confidentiality is maintained.
B. Procedures for Confirmation Tests:
- The confirmation test shall be conducted between 15-20 minutes of the completion of the screening test. The Breath Analyzer Technician shall instruct the employee not to eat, drink, put any object or substance in his/her mouth and, to the extent possible, not belch during a waiting period before the confirmation test. This time period begins with the completion of the screening test and shall not be less than fifteen (15) minutes. The BAT shall explain to the employee the reason for this requirement (i.e. to prevent any accumulation of mouth alcohol leading to an artificially high reading) and the fact that it is for the employee's benefit. The BAT shall also explain that the test will be conducted at the end of the waiting period, even if the employee has disregarded the instruction. If the BAT becomes aware that the employee has not complied with the instructions, the BAT shall so note in the "Remarks" section of the form.
- Before the confirmation test is administered for each employee, the BAT shall ensure that the EBT registers 0.00 on an air blank. If the reading is greater than 0.00, the BAT shall conduct one more air blank. If the reading is greater than 0.00, testing shall not proceed using that instrument. However, testing may proceed on another instrument
- In the event that the screening and confirmation test results are not identical, the confirmation test result is deemed to be the final result upon which any action under this policy shall be based.
- Following the completion of the test, the BAT and employee shall date and sign the certification form as described in the procedures for screening tests.
- The BAT shall transmit all results to the District in a confidential manner.
C. Refusal by Employee
Refusal by an employee to complete and sign the breath alcohol testing form (Step 2), to provide breath, to provide an adequate amount of breath, or otherwise to cooperate with the testing process in a way that prevents the completion of the test, shall be noted by the BAT in the "Remarks" section of the form. The testing process shall be terminated and the BAT shall immediately notify the employer.
In the event an employee is unable, or alleges that he/she is unable, to provide an amount of breath sufficient to permit a valid breath test because of a medical condition, the BAT shall again instruct the employee to attempt to provide an adequate amount of breath. If the employee refuses to make the attempt, the BAT shall immediately inform the employer. If the employee attempts and fails to provide adequate amount of breath, the employer shall proceed as follows:
- The employer shall direct the employee to obtain as soon as practical after the attempted test an evaluation from a licensed physician who is acceptable to the employer concerning the employee's medical ability or inability to provide an adequate amount of breath. If the physician determines in his/her reasonable medical judgment that a medical condition has, or with a high degree of probability could have, precluded the employee from providing an adequate amount of breath, the employee's failure to provide an adequate amount of breath shall not be deemed a refusal to take a test. If a licensed physician is unable to make such a determination, the employee's failure to provide an adequate amount of breath shall be regarded as a refusal.
- In the event the employee's confirmation test registers 0.04% or greater, the employee is subject to disciplinary action including, but not limited to, suspension, termination, or dismissal.
DRUG TESTING PROCEDURES
To ensure that the appropriate chain of custody and specimen control is maintained, the collection of urine specimens will proceed as follows:
A. Upon the employee's arrival at the designated collection site, the collector will request the employee to provide positive identification. The employee will be required to complete a pretest information form that serves as an identification document for the specimen collected.
B. The collector will be of the same sex as the employee when direct observation is required. The employee will be required to remove any unnecessary outer garments and to leave outside the collection area any purses, briefcases, or similar items. The employee will be required to wash and dry his/her hands before the test is administered. The employee will then remain in the presence of the collector and not have access to water fountains, faucets, soap dispensers, cleaning agents, or any other material that could be used to adulterate the specimen. The donor will observe any transfer of the specimen from the collection container to another specimen bottle.
1. The donor shall urinate into a collection container or a specimen bottle capable of holding at least 60 ml. If a collection container is used, the collection site person, in the presence of the donor, shall pour the urine into two specimen bottles, Thirty (30) ml. shall be poured into one bottle, to be used as the primary specimen, and the least fifteen (15) ml. shall be poured into the other bottle, to be used as the split specimen. Both bottles shall be shipped in a single shipping container together with copies one, two and the split specimen copy of the chain of custody form to the laboratory.
C. If the test result of the primary specimen is positive, the employee may request that the medical review officer (MRO) direct that the split specimen be tested in a different Department of Health and Human Services (DHHSA) - certified laboratory before presence of the drugs(s) for which a positive result was obtained in the test of the primary specimen. The MRO shall honor such a request if it is made within seventy-two (72) hours of the employee having been notified of a verified positive test result. When the MRO informs the laboratory in writing that the employee has requested a test of the split specimen, the laboratory shall forward the different DHHS-approved laboratory, the split specimen bottle, with seal intact, a copy of the MRO request, and the split specimen copy of the chain of custody form with appropriate chain of custody entries. The second laboratory to the MRO shall transmit the result of the split specimen.
D. Any action required by D.O.T. agency regulations as a result of a positive drug test (i.e. removal from performing a safety-sensitive function) is 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 the drug(s) or drug metabolite(s) found in the primary specimen, the MRO shall cancel the test, and report the cancellation and the reasons for it to the D.O.T., the employer, and the employee.
E. Any employee required to submit a specimen pursuant to random employee testing, reasonable suspicion testing and/or post-accident testing, will be required to submit a urine sample before being relieved of duty. Employees covered under these three sections who do not produce an adequate specimen will be in violation of this policy and subject to disciplinary action including, but not limited to, suspension without pay and/or termination.
F. The identification label(s) on the specimen bottle shall contain the date of collection, the name of the collection official, the required identifying information. The employee providing the specimen shall initial the label on the specimen bottle, using initials corresponding with the name on the chain of custody form. The employee providing the specimen will be asked to read and sign a certification statement certifying that the urine in the specimen bottles came from his/her body at the time of collection. Refusal to sign this statement, without justification, may result in disciplinary action up to and including termination.
G. Upon notification by the drug program facilitator that an employee has failed to appear for his scheduled collection, the supervisor will discuss with the employee the reason(s) for failing to appear. If the employee does not provide a legitimate reason for failing to report, the additional disciplinary action including, but not limited to, suspension without pay and/or termination may be taken.
H. In the event an employee refuses to provide a specimen, the drug program facilitator and/or the employee's supervisor shall advise the employee that refusal to provide a specimen shall result in termination. In the event the employee still refuses to provide a specimen, the employee will be terminated.
I. In the event an employee fails to provide a sufficient quantity of urine (i.e. at least sixty (60) ml.), the drug program facilitator and/or the employee's supervisor will meet with the employee to see if he/she has a legitimate reason for not providing a sufficient specimen. If the employee has a legitimate reason, he/she will be required to take the drug test within twenty-four (24) hours. If the employee does not have a legitimate reason, the employee will be recommended for suspension or termination.
All applicants and employees have the right to refuse to undergo drug testing as provided herein. Applicants who refuse to undergo such testing will be denied employment. Employees who refuse to undergo such testing will be terminated.
An employee will be deemed "unqualified" and will be removed from safety-sensitive positions, with appropriate disciplinary action which may include suspension, termination, or dismissal if:
A. The employee is unable to provide a sample for testing in accordance with the testing procedures contained in this policy;
B. The result of a drug or alcohol test is in violation of this policy.
C. Refusal to be tested for alcohol or controlled substances.
D. Tampering with a drug or alcohol test.
If an employee with a CDL license or in a safety sensitive position is cited or charged while off duty for any serious criminal offense, the employee may be immediately removed from his/her assigned duties and may be subjected to disciplinary action which may include reassignment or suspension with or without pay until the citation is fully resolved. A “serious offense” under this section includes, but is not limited to the following: drug related offense, alcohol related offense, felony, leaving the scene of an accident, and reckless driving. If the citation or charge has been adjudicated and the employee qualifies to be fully insured by the District’s insurance carrier, the employee may be assigned to his/her previous duties at the discretion of the Superintendent or designee. The employee may be subject to additional disciplinary action which may include termination or dismissal if the citation or charge result in a conviction, plea of not guilty by reason of insanity, or a diversion as part of a "first offender" resolution that permits an employee to avoid the full effects of a criminal prosecution.
All records maintained by the District pursuant to Policy #GBCD are strictly confidential. Employee information contained in these records may not be released except as required by law or as expressly authorized or required by the Federal Highway Administration Rule. The Rule authorizes release of employee information to the following individual or agencies.
- The United States Secretary of Transportation or any Department of Transportation agency;
- State or local officials with regulatory authority over the District or its Employees;
- The National Transportation Safety Board (NTSB) as part of an accident investigation. The information that may be disclosed to the NTSB is limited to post-accident tests administered or attempted following the accident in question;
- The employee upon the employee’s written request may obtain records specific to the employee. The District may charge the employee a reasonable fee for the specific records requested;
- A subsequent employer when requested in writing by the employee. The disclosure is limited to the specific records authorized in the employee’s written request;
- The decision-maker in a lawsuit, grievance or other proceeding involving an employee, arising out of a test administered pursuant to the policy or determination that the employee engaged in prohibited conduct. Such proceedings include, without limitation: worker’s compensation, unemployment compensation or other benefit-related proceedings;
Any other person when authorized in writing by the employee. The information released is limited to the specific information in the employee’s authorization.
All employees and job applicants will be advised of the District’s drug testing program. Notice of the program will be posted on employee bulletin boards and copies of the program will be available for job applicants and employees to review. Any employee may appeal his/her termination or other disciplinary action taken under this policy to the extent and in the manner any such appeal is authorized by board policy and/or appropriate state law.
A. Any testing methodologies subsequently approved after this policy is written and approved by the board and further agreed upon by the District and the contracted drug/alcohol-testing firm may be adopted by the District.
B. It is recognized that advances in technology may reduce costs to the testing contractors and these reduced costs may be passed on to consumers. It is for this reason that the previous paragraph is adopted.
C. All procedures for DOT testing must comply with DOT rules and regulations.
Policy Adopted: 10/18/88
Policy Revised: 07/12/95, 4/3/12, 9/12/17