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
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 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.
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.
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.
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.
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
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:
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:
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:
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.
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.
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