HomeMy WebLinkAbout20031427.tiff WELD COUNTY'S POLICY IMPLEMENTING THE FEDERAL TRANSIT
ADMINISTRATION REGULATIONS ON DRUG USE AND ALCOHOL MISUSE
OVERVIEW
This policy is designed to enhance productivity and safety and to foster excellence by
maintaining a safe and productive environment for employees. Weld County maintains a strong
commitment to a drug-free and an alcohol-free work environment and has adopted this policy to
provide guidance to supervisors and employees in dealing with drug use and alcohol misuse.
This policy is applicable only to Weld County employees subject to Federal Transit
Administration ("FTA") regulations on drug use and alcohol misuse. Such regulations are found
in Parts 40 and 655, Title 49 of the Code of Federal Regulations, as amended,and are referred to
herein and in the appendixes hereto as the "FTA regulations." This policy will be kept current
with the latest FTA regulations. Weld County reserves the right to conduct drug and/or
alcohol tests of applicants for employment and current employees in accordance with the
provisions of any other state and/or federal law. This policy first became effective by
resolution of the Board of County Commissioners of Weld County, dated September 11, 1996;
with tlic LIRAJt icwut Ito viSieu date Lying act fvrtli bcluvv.
To further our commitment to providing a safe, drug-free and alcohol-free environment,
Weld County has adopted the following policies:
• an employee and supervisor education and training program regarding drug and
alcohol misuse and abuse;
• a drug and alcohol testing program for employees and applicants for employment
in safety-sensitive positions;
• a program for evaluating employees who violate the drug use and alcohol misuse
policy; and
• administrative procedures for record keeping, reporting, releasing information and
certifying compliance with the FTA regulations.
Weld County is dedicated to assuring the fair and equitable application of this policy. All
supervisors and managers are required to use and apply all aspects of this policy in an unbiased
and impartial manner and any supervisor or manager who knowingly disregards the requirements
of this policy or who is found to be deliberately misusing the policy in regard to subordinates
shall be subject to disciplinary action, up to and including termination, pursuant to the
Weld County Code.
EMPLOYEE CATEGORIES SUBJECT TO TESTING
Under FTA regulations, all employees who perform safety-sensitive functions and all
applicants for and incumbent employees seeking transfer to safety-sensitive positions are
included in this drug and alcohol testing program. Participation in this drug and alcohol testing
program is a condition of employment for each safety-sensitive employee.
2003-1427
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Policy not mandated by FTA regulations are set forth in bold type.
The FTA defines the term "safety sensitive"to apply to all employees in a position to
perform the following functions: 1) operate revenue service vehicles, whether or not the vehicle
is in revenue service; 2) operate non-revenue service vehicles that require drivers to hold a
Commercial Drivers License ("CDL"); 3) control dispatch or movement of service vehicles;and
4) maintain (including repairs, overhaul and rebuilding) revenue service vehicles or equipment
used in revenue service; 5) carry a firearm for security purposes; and 6) are volunteers who drive
vehicles which require having a CDL and/or perform safety-sensitive functions and receive
remuneration in excess of actual expenses. The following positions at the Weld County
Department of Human Services and Fleet Maintenance have been determined by Weld County to
meet the FTA definition:
• all mini-bus drivers;
• all maintenance personnel; and
• all dispatchers.
This list is subject to amendment at any time. Weld County has reviewed duties
performed by all employees to determine safety-sensitive positions in accordance with the above
definition and all new job classifications will be analyzed for safety-sensitive duties. Supervisors
who perform or who are likely to perform safety-sensitive functions also are considered safety-
sensitive employees and will be included in the drug and alcohol testing program applicable to all
safety-sensitive employees.
PROHIBITED CONDUCT
• Alcohol
Employees who perform safety-sensitive functions must not consume alcohol: 1) during
specified on-call hours; 2) while performing a safety-sensitive function; 3) within four hours
prior to performing a safety-sensitive function; and 4) for up to eight hours following an accident,
or until the employee undergoes a post-accident test, whichever occurs first.' Employees who
perform safety-sensitive functions are prohibited from reporting for duty or remaining on duty
while having an alcohol concentration of 0.02 or greater. As referred to in this policy, alcohol
'An on-call employee will be allowed to acknowledge,at the time he is called to duty,that he has used
alcohol and to indicate whether he believes he is capable of performing the safety-sensitive function. If the
employee believes that he is not capable of performing his safety-sensitive function,he shall be excused form doing
so. If, however,the employee believes he is capable of performing a safety-sensitive function,the employee will
undergo an alcohol test and will be permitted to perform a safety-sensitive function if the alcohol concentration
level measures less than 0.02. If the employees's alcohol concentration measures greater than 0.02 but less than
0.04,the employee will be allowed to perform a safety-sensitive function only if he is retested and his alcohol
concentration measures less than 0.02. If the employee is not retested,he must wait a minimum of eight hours
before performing a safety-sensitive function.
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means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight
alcohols including methyl or isopropyl alcohol. FTA regulations currently prohibit a covered
employee from reporting for duty or remaining on duty requiring the performance of safety-
sensitive functions while having an alcohol concentration of 0.04 or greater.'
• Controlled Substances
Employees who perform a safety-sensitive function are strictly prohibited from using or
ingesting prohibited drugs at any time, except when the use is pursuant to the instruction of a
physician who has advised the employee that the substance does not affect the employee's ability
to safely perform his or her job. Any employees taking such a substance at a physician's
instruction must inform Weld County of such drug use. Weld County retains the right to
verify the use with the employee's physician. Manufacturing, distributing, dispensing,
possessing or using controlled substances in the work place is prohibited, pursuant to the Drug-
Free Workplace Act. Pursuant to Weld County policy, any employee who manufactures,
distributes, dispenses, processes, sells, attempts to sell, or arranges to sell a controlled
substance to any other person,whether on or off Weld County property,whether on or off
duty, shall be subject to discipline up to and including discharge.
As referred to in this policy, a controlled substance or prohibited drug means marijuana,
cocaine, opiates, amphetamines or phencyclidine. FTA regulations currently prohibit the
performance of safety-sensitive functions when a prohibited level of any of five specified drugs
is detectable in the employee's urine.
DRUG AND ALCOHOL TESTING PROGRAM
Safety-sensitive employees will be subject to testing pursuant to FTA regulations.
Testing of non-safety-sensitive employees, applicants for non-safety-sensitive positions and
any testing of safety-sensitive employees over and above the requirements of FTA
regulations will be performed pursuant to separate authority of Weld County. Any testing
procedures utilized by Weld County will conform with applicable federal and state
requirements.
Under Weld County policy, a refusal to take a test will constitute the equivalent of a
positive drug test or an alcohol test of 0.04 or greater. Therefore, refusal by an employee to
submit to required testing or failure to pass a drug or alcohol test will lead to disciplinary
action, up to and including termination, pursuant to the Weld County Code. Any employee
who refuses to submit to a required drug or alcohol test will not be permitted to continue to
2An employee found to have an alcohol concentration greater than 0.02 but less than 0.04 may not perform
any safety-sensitive function until the employee's alcohol concentration measures less than 0.02 or until the start of
the employee's next regularly scheduled duty period to begin a minimum of eight hours following administration of
the test.
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perform safety-sensitive functions. Refusal to take a test includes,but is not limited to, any of
the following: 1) outright refusal to submit to a test; 2) failure to provide sufficient quantities of
saliva, breath or urine to be tested without a valid medical explanation; 3) engaging in conduct
that clearly obstructs the testing process (including, but not limited to, refusing to sign the drug
testing chain of custody form; or to sign "Step #2" on the alcohol testing form,failing to remain
at the testing site until the testing process is complete,or failing to permit the observation or
monitoring of the provision of a specimen when directed to do so); 4)tampering with or
attempting to adulterate the specimen or collection procedure; 5) failing to appear for any test
within a reasonable time after being directed to do so not-reporting-to eullcaio ML ;II tl.�
alluttcd; 6) failing or declining to take a second test after being directed to do so failing to
undergo a medical examination or evaluation as directed by the MRO as part of the verification
process, or as directed by the Designated Employer Representative for Weld County ("DER");
or 68) leaving the scene of an accident without a valid reason before tests are conducted without
notifying Weld County of where the employee can be reached for testing.
Pursuant to Weld County policy, any employee who tampers with, falsifies,
substitutes, or alters a urine sample, saliva or breath test, or who attempts to do so, shall be
subject to discipline up to and including discharge.
Weld County will adhere to all required standards of confidentiality. Testing records and
results will be released only to those authorized to receive such information. Safety-sensitive
employees are entitled, upon written request, to obtain copies of their drug and alcohol testing
records, to provide information to dispute the results, and to have access to any pertinent records
such as equipment calibration records and laboratory certifications.
TESTING FOR CONTROLLED SUBSTANCES
Drug testing of safety-sensitive employees authorized by FTA regulations is limited to
the following substances:
Drug Name - Metabolite Screening Cut-Off Confirmation Cut-Off
1. Marijuana - Delta 9 THC 50 NG/ml 15 NG/ml
2. Cocaine - Benzoyl ecgonine 300 NG/ml 150 NG/ml
3. Amphetamines 1000 NG/ml 500 NG/ml
4. Opiates Morphine/Codeine 3802000`NG/ml 3&92000 NG/ml
5. PCP - Phencyclidine 25 NG/ml 25 NG/ml
While drug testing by Weld County normally will be limited to the five substances
listed above, Weld County reserves the right, pursuant to its policy and its own authority,
to require employees to provide separate specimens for testing for other controlled
substances, as permitted by law. Weld County reserves the right, pursuant to its policy and
its own authority, as permitted by law, to perform drug tests of applicants or non-safety-
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sensitive employees using the same procedures FTA requires for testing safety-sensitive
employees.
Any employee who tests positive for opiates who neither admits to an unauthorized use of
an opiate nor can provide a valid medical explanation or prescription for the opiate present in his
or her urine sample shall be required to undergo a physical examination with a physician(M.D.).
The purpose of the exam is to determine if the donor is exhibiting any physical signs of any
opiate use, abuse or withdrawal that would provide the required clinical evidence necessary for
the MRO to report the test as a positive test result. If no clinical evidence is detected, then the
result is verified negative by the MRO and reported to Weld County as a negative test result.
The employee shall be required to pay for any such exam by the physician (M.D.).
TESTING FOR ALCOHOL
Alcohol testing of safety-sensitive employees will be performed pursuant to FTA
regulations. Weld County reserves the right, pursuant to its policy and under its own
authority, as permitted by law, to perform alcohol tests of non-safety-sensitive employees
using the same procedures FTA requires for testing safety-sensitive employees.
TESTING PROCEDURES
Weld County will select an appropriate site for the administration of drug and alcohol
tests which meets the requirements specified by the U.S. Department of Transportation("DOT").
Pursuant to Weld County policy, drug and alcohol testing will be conducted off Weld
County premises. Normally, administration of alcohol tests will be performed concurrently
with urine collections. Weld County reserves the right, however, to administer alcohol tests
separately from urine collections and to administer alcohol tests and/or urine collections on
Weld County premises.
The site selected fur culleet;ng mine spec;niens vo;ll piov;de. a pr;vaey enelusure fur
Luuiatiofl, a toilet, a suitable, clean m sting suiface, and a water 50uree fei hand washing, which,
if piact;cable, *ill be located outside the piivaey errelouic. The eniitiaetvi why evnduet3 tl.e
teatnis will ensure that awea5 iv dui 111 twln�y that unautliuilt!ll
}fei50na ale not yieaent and that there aie n0 unobserved cntrance points t0 the testing s;le.
furthermore, Weld County slrall .nouk that the eulleet;v„ piuvidcd by the
eontiaetoi enSltle the dignityand pi;vaey 0f the donor and that all eulleetiun �;te yer�unr�el are
tianled to piepaic the eul}ectrun aitc, evlleet aYwnnena, enaunue 3w-111en5fvr t uuyer nr� ur
sar..ple a lull .at: ,,, ub ,t vs collect;uns3, split specimens and properly label and preserve the
3Gpe.•,ne„cull..t;on n,.d.. the dncct ubs.,vat,o„of Saute g.ud., evlledic„site pm 3l11111d will oily v.eu,
aft., .vnaultatwn with a lush., had aupu viav, of tLt,wllwLm,site p.,avt, v, a 1,a;suat.d.u,plvy.t I pi.a..utatrv.
'when. (1)the eo,plvy.e bib p.a.,,t.d a unue Speennen that Calla outa,d.,the sOw,al t..u,pe,atutn,tang.and the
wuplOyc..kclnn,a t0 p,Ovn&a nwaau,.nwnt of vial Ludy l.u,pu slut.u, us al Ludy t.ntpwatuw vat;VD by v,ut.that,
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ei'ain of custody of the apeei111e11a. TLeae steps All testing for the presence of illegal drugs or
alcohol misuse'will ' -vc rakcrrto protect the employee and the integrity of the drug testing process,
safeguard the validity of the test results and ensure that the test results are attributed to the correct
employee. This will be accomplished by conducting all drug and alcohol testing in accordance
with the procedures set forth in 49 CFR Parts 40 and 655, as amended. The integrity of the drug
testing process is ensured through the use of a picture identification of the employee, a Federal
Drug Custody and Control Form with unique specimen identification number completed by a
trained collection site person who ensures that such Custody and Control Form is completed
correctly and signed and certified by the donor, and the collection of Split Sample specimens that
are sealed and initialed by the donor. The integrity of the alcohol testing process is ensured by
the use of picture identification of the employee and of an approved evidence breath Testing
Device that displays and prints unique sequential numbers and is capable of producing 3 copies
of the test result. The test is administered by a certified Breath Alcohol Technician("BAT").
The BAT completes a!Federal Breath Alcohol Testing form and ensures that it is signed by the
donor. 'IJ"less otheflviSc 1u5t1uetcd by Weld Comity in writi ig, all "Leo'da pc'laiuiug to a given
thine speeunen shall be retained by the drug teat laboiatuly foi a of lwo TIn.,
drug testing laboratory shall retain and place in a properly secured long-teiln frozen storage fot a
minimum of one year all specimens confirmed positive, in their original labeled specimen
bottles. Within this one-yea' period, Weld County (or other person designated in a DOT agency
regulation) may request the laboratory to retain the specimen for an additional period of time, but
if nu such tcqucal is received, the laboratory may diacanl the 5pefunen after the end of the alle-
y ecu period, enwpt that tlrc laboratory shall Lc requi'ed to maintain any spwuncns nuwn to Le
nude' legal ci'allcngc for an indefinite period.
The testing pn,eedurea for chug testing ale more completely detailed in the attached
¢fie"dines "A," "C," and "D."
The name, address and telephone number of the DHHS Certified Laboratory being used
by Weld County for the implementation of this Policy is listed in the attached Appendix "6A."
Alcohol tests will be conducted with the use of a non-evidential screening devise and/or
evidential breath testing device ("EDT") approved for use by the National IIighway Traffic
Safely Administration. A Screening Teat Tcclu'ician("STT") will administer 11o11-evidential
screening tests including saliva teats. Only a Meath Alcohol Technician (`BAT") will ad ter
1° C/1.8° F f 0th the tcn.pciattuerLA'the spe,iinelr, (2)the last urine apcedncn p10 ;d d by di, .npluy was
dclwunlcd by th.,laboratory to Ilan,a np,c:fc slavity of Us than 1.003 and a.scat' cunc.nrt'atIon Lchm
0.2g'L, (3)the collection sit,pel5on oratavCS cOuduet%/L ally and uueelutvucally indIcaturg all atLnipt to auhaututc
b. adullw ale dw aawplc,ui (4)the erlrpluyee Iran pneviuunly hwu dct.1 cd to have used a wutroli d auhatauee
without medical autlioiizationaud the pmtn.ulai teat was eundueted und.,1 a DOT agency 1cgula.1ou psovid,ng for
folluw-up te,6hg upuu u. al2‘d lam u to 5w v iCC.
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an EDT test.4 Alcohol tests will be administered in a location that affords visual and aural
lnivaey to the cmpluyce being h,st.,d winch is sufficient to pie v.sit unaulhuiiad IRA bun! hunt
seeing at heating test resultb. If the scam-fling twt tcvcals a blood alcohol concentration of less
than 0.02, the test is negative and will be iepoited a! such. If the sciecning test ievcalb a blJUII
akuhvl eunwntiatiun of 0.02 in p,icatci, a confirmation tebt will Lc pcifuiuicd. Cviif tiuit
tests will be pet formed using an DBT and conducted within 30 nunutes of the coniplction of tla
bciwnins test. If the euipluyee ,oust be hanspoitcd from the scieenuig sit- to the cunfm niatiuu
site, the employee will remain under the direct obset vation of a BAT, STT of otlut employer
tepielentative. These step! will be take.1 IA) protect the cumpluyte and the of the telling
pieces!, safcguaid the validity of tl.., test resul6 and cnsuie that the test results sic attiibutcd tV
the propel enipluyee.
The testing pith-alums for altAhul testing ame meie conipletelyl detailed in the attached
Appendin "F."
ROLE OF THE MEDICAL REVIEW OFFICER("MRO")
All drug test results will be reviewed first by a specially trained physician serving as
MRO. The MRO will notify Weld County directly if an employee's drug test result is verified
negative. If the drug test result is verified positive, the MRO will contact the employee to
discuss the test, to determine if the positive result is valid and to notify the employee that he has
72 hours to request a test of the split specimen.' Weld County only will be informed that an
individual has tested positive or negative. The specific drug(s) involved may be disclosed to
Weld County by the MRO. The levels detected will not be disclosed by the MRO to Weld
County. Sec the attached Appendix"B" fur a niche detailed discussion of the rele and fu.ictiun!
of the MRO. The name, address, and telephone number of the MRO being used by Weld County
are listed in the attached Appendix "CA.,
ROLE OF THE SUBSTANCE ABUSE PROFESSIONAL("SAP")
All safety-sensitive employees with a verified positive drug test result or a confirmed
alcohol test result of 0.04 or greater, including those who have been terminated, and applicant's
for safety-sensitive positions with positive pre-employment drug tests shall be will b1/4,referred for
evaluation by a SAP. Such referral shall consist of providing the employee with,a listing of
SAP's readily available, including their addresses and telephone numbers.'i If the employee's
eventual return to duty is permitted under this policy, the SAP shall prescribe a written education
4La.v of c ass c tiled by atate of 1O,a1 guveiinncub to a.uudu,t b.Bath ah,,,l.,,l teatii,s at e
qualllcd as DAL. I'm a teat cunducted by ouch au off w1 to(,c acccptcd undo ETA akoliol testing'cgulatio.'s,
tlw uffcc, moat have hwu,rtilkd by a state u. local suvci u,acut to uac the pa'ticulai EDT used fui dlc teat:
5See the section entitled"Retesting at the Employee's Request"for a detailed description of split test
procedures. Upon a request by the employee that a split specimen test occur,the MRO is required to request, in
writing,that the laboratory provide the split specimen to another DHHS-certified laboratory for analysis.
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and/or treatment program (with a copy forwarded to Weld County) which the employee must
successfully complete or continue to follow in order to return to work. This education and/or
treatment program may include referral of the employee by the SAP to a education and/or
treatment provider that IS NOT a part of the SAP's private practice or to a person or organization
from which the SAP receives remuneration or has a financial interest. Neither the employee, nor
Weld County; may seek a second SAP's evaluation if the employee has already been evaluated
by a qualified SAP.
Safety-sensitive employees permitted to return to work following a positive test will be
referred for re-evaluation by the SAP to determine whether the employee has complied with the
SAP's recommendations. After that evaluation and the successful completion of a return-to-duty
test, the SAP shall recommend in writing to Weld County the number and frequency of follow-
up alcohol and/or drug tests to be administered following the employee's return to duty. The
follow-up testing shall consist of at least six tests in the first twelve months following the
employee's return to duty. The SAP shall recommend whether the employee should be subject to
both drug and alcohol follow-up tests. The name, address, and telephone number of the SAP
being used by Weld County are listed in the attached Appendix"GA"
The SAP providing services must be a licensed physician(Medical Doctor or Doctor of
Ostopathy), or a licensed or certified psychologist, social worker,employee assistance
professional, or addiction counselor(certified by the NAADAC or the ICRC)and has knowledge
of and clinical experience in the diagnosis and treatment of drug and alcohol disorders. The SAP
must follow the procedures as set forth in 49 CFR Part 40.
Pursuant to Weld County policy, all costs of SAP evaluations and services must be
paid by the employee.
EMPLOYEE ASSISTANCE PROGRAM
Weld County will assist employees who test positive by providing information about
treatment providers and programs to help the employees resolve their problems with drugs
or alcohol.
TYPES OF TESTING
Weld County will perform the following types of drug and alcohol testing:
1. Pre-Employment Testing;
2. Reasonable Suspicion Testing;
3. Post-Accident Testing;
4. Random Testing;
5. Return to Duty Testing; and
6. Follow-Up Testing.
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1. PRE-EMPLOYMENT TESTING
All applicants for employment in and incumbent employees seeking transfer to safety-
sensitive positions will be informed in writing of the federally-mandated testing requirements
and will undergo a pre-employment drug test. Weld County will not hire an applicant for or
transfer an employee to a safety-sensitive position unless the result of the applicant's or
employee's drug test is negative. If the drug test is canceled, the applicant for employment must
retake and pass a drug test before performing safety-sensitive duties. If a safety-sensitive
employee has been off from work for more than ninety (90) days and has not remained in the
random pool,he or she must pass a pre-employment drug test before returning to safety-sensitive
duties.
• Consequences of Positive Test Result
A positive pre-employment drug test shall be considered sufficient grounds to disqualify
the applicant or incumbent employee from employment with Weld County in a safety-sensitive
position. Pursuant to Weld County policy, an incumbent employee whose drug test result is
positive will be subject to the same consequences as an employee whose random drug test
was positive. An applicant whose drug test is positive shall be referred for evaluation by a
SAP. Any treatment program prescribed by the SAP shall be paid for by the applicant and
must be completed to the satisfaction of the SAP in order for the applicant to be eligible for
reconsideration upon passing a second pre-employment test. If otherwise qualified, an
individual with pcunanent or long term disabilities that directly render him or her unable to
provide an adequate urine specimen will be able to perform safety-sensitive duties despinte their
inability to provide urine during a pre-employment drug test. The MRO will determine long term
inability to provide urine by medical examination and consultation with the employee's
physician.
Weld County will not assign an applicant or incumbent employee who has refused to take
or failed a pre-employment drug test to a safety-sensitive position. If such an applicant or
employee later applies for a safety-sensitive position, Weld County will administer another pre-
employment drug test. If the employee or applicant passes the second pre-employment test,
Weld County may, in its sole discretion, assign and/or hire the employee or applicant to
work in a safety-sensitive position.
2. REASONABLE SUSPICION TESTING
Employees who perform safety-sensitive functions will be required to submit to a drug
or alcohol test when Weld County has a reasonable suspicion that the employee has used a
prohibited drug or misused alcohol. Reasonable suspicion is established if a supervisor trained in
s t Lt;.,g the facts, circumstances,physical evidence,physical signs and symptoms, or patterns of
performance and/or behavior that are associated with-.of alcohol misuse and drug use reasonabley
concludes, based on his or her observations, that the employee has used drugs or misused
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alcohol. The determination, pursuant to the Weld County Code,that reasonable suspicion exists
shall be based on specific, contemporaneous, articulable observations concerning the appearance,
behavior, speech or body odors of the employee. Any supervisor making such observations must
document them.
Weld County will direct an employee to undergo reasonable suspicion testing for alcohol
only if such observations are made during,just preceding or just after the period of the work day
that the employee is required to comply with the employee alcohol use prohibitions. Any
supervisor making the decision to require,!a reasonable suspicion test cannot act as the STT or
BAT for that test. The alcohol test may be administered only just before,just after or during the
period the employee is to perform a safety-sensitive function. Additionally, a reasonable
suspicion test for alcohol must be performed within eight hours following a determination,
pursuant to the Weld County Code that reasonable suspicion to test exists. If a reasonable
suspicion test is not performed within two hours after such a determination, pursuant to
the Weld County Code, Weld County will prepare and maintain a record stating the
reasons the test was not promptly administered. No employee suspected of alcohol misuse, as
shown by the behavioral, speech or performance indicators of alcohol misuse, may perform or
continue to perform safety-sensitive functions until an alcohol test is administered evidencing a
blood alcohol concentration of less than 0.02.
An employee who undergoes reasonable suspicion testing will be immediately
removed from service pending the test results on a status of"administrative leave with
pay." The employee shall be escorted to the testing site by his or her supervisor or another
Weld County representative. If the test results are negative, the employee will be returned
to work and paid for any time lost.
• Consequences of Positive Test Result
Pursuant to Weld County policy, if the reasonable suspicion drug or alcohol test
result is positive, the employee will be removed from the safety-sensitive position on a
status of"leave without pay" and will be subject to discipline, up to and including
termination, pursuant to the Weld County Code, as determined by Weld County. For the
duration of the leave without pay, the employee cannot utilize any accrued sick or vacation
leave. At a minimum, the employee shall be subject to the same consequences applied to
employees following a positive random test. If the employee is not terminated, the employee
shall be subject to the same requirements regarding assessment, rehabilitation, return-to-duty and
follow-up testing applied to employees following a positive random test.
3. POST-ACCIDENT TESTING
Tests for the use of prohibited drugs and misuse of alcohol will be administered after
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certain mass transit accidents.' Post-accident testing requirements differ depending on whether
the accident question involved loss of life. The decision-making process of why the accident
does or does not fall under FTA post-accident drug and alcohol testing criteria must be
documented.
• Testing After Fatal Accidents
Each surviving employee operating the mass transit vehicle at the time of the accident
must be tested. Additionally, safety-sensitive employees whose performance could have
contributed to the accident must be tested. This includes, for example, maintenance personnel,
dispatchers, and controllers. The decision regarding whether an employee's performance
could have contributed to the accident will be made in the sole discretion of Weld County
using the best information available at the time of the decision.
• Testing After Non-Fatal Accidents
Each employee operating the mass transit vehicle at the time of the accident must be
tested unless Weld County determines, using the best information available at the time of the
decision, that the employee's performance can be completely discounted as a contributing factor
to the accident. Any other employee performing a safety-sensitive function whose performance
could have contributed to the accident shall be tested. The decision regarding whether an
employee's performance could have contributed to the accident will be made in the sole
discretion of Weld County using the best information available at the time of the decision.
Such decision must be documented in detail. If an employee can be immediately discounted as
contributing to the accident, based upon the best information available at the time of the decision,
as a contributing factor in a non-fatal accident, the employee does not have to be tested,but the
County must document the reasons why the employee was discounted.
Employees and supervisors should follow the following steps in a post-accident situation:
1. treat injuries first;
2 cooperate with local law enforcement officers;
3. explain to employees the need for testing;
4. conduct tests promptly; and
5. collect accident documentation promptly.
'Pursuant to FTA regulations,and for purposes of this policy only,an"accident" is defined as an
occurrence associated with the operation of a vehicle in which: (I)an individual dies;(2)an individual suffers
bodily injury and immediately receives medical treatment away from the scene of an accident; (3)the mass transit
vehicle involved is a bus, electric bus,van or automobile in which one or more vehicles incurs disabling damage as
a result of the occurrence and is transported away from the scene by a tow truck or other vehicle("disabling
damage" is damage which precludes the departure of any vehicle from the scene of the occurrence in its usual
manner in daylight after simple repairs);or(4)the mass transit vehicle involved is a rail car,trolley car,trolley bus,
or vessel and is removed from revenue service.
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When post-accident tests are performed,they will be conducted as soon as possible
following the accident. Drug tests must be performed within 32 hours and alcohol tests within
eight hours following an accident. An employee subject to post-accident testing must refrain
from consuming alcohol for eight hours following the accident or until he submits to an alcohol
test, whichever comes first. If the employee has not submitted to an alcohol test within two
hours of the accident, Weld County will prepare and maintain on file a record stating the reason
that the test was not administered promptly,but will continue to attempt to alcohol test up to
eight hours after the accident. If the alcohol test is not administered within eight hours after the
accident, Weld County will cease efforts to administer the test and will maintain the same
documents. If the drug test is not administered within 32 hours, Weld County will cease efforts
to test for drugs and will prepare and maintain the same type of record.
These testing requirements will not delay necessary medical attention for injured persons,
nor will they prohibit an employee who was performing a safety-sensitive function from leaving
the scene of an accident to obtain assistance in responding to the accident or to obtain necessary
emergency medical care. Employees performing a safety-sensitive function, however, must
remain readily available for testing for 32 hours. This means the employee must ensure that
Weld County knows the employee's location for at least a 32-hour period following an accident
or until post-accident drug and alcohol tests have been completed. An employee who is not
available for testing will be considered to have refused to submit to testing unless his or her
unavailability is attributable to efforts to obtain assistance in responding to the accident or
obtaining necessary emergency medical care. Employees will be provided with necessary post-
accident information, procedures and instructions prior to operating a commercial motor vehicle
so they will be able to comply with the federal regulations.
The results of a blood,urine, or breath test conducted by Federal, State, or local officials
shall be considered to meet the requirements of this section,provided such test conforms to the
applicable Federal, State,or local testing requirements, and that the test results are obtained by
Weld County.
• Consequences of Positive Test Result
Pursuant to Weld County policy, if the result of either test is positive, the employee
will be removed from his or her safety-sensitive position on a status of"leave without pay"
and will be subject to discipline, up to and including termination, pursuant to the Weld
County Code as determined by Weld County. For the duration of the leave without pay,
the employee cannot utilize any accrued sick or vacation leave. At a minimum, the employee
shall be subject to the same consequences applied to employees following a positive random
drug or alcohol test. If the employee is not terminated, the employee shall, at a minimum, be
subject to the same requirements regarding assessment, rehabilitation, return-to-duty and follow-
up testing applied to employees following a positive random test.
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4. RANDOM TESTING
Random testing for drugs and alcohol will be conducted for all employees performing
safety-sensitive functions at a rate established by law. Random tests will be unannounced,
spread reasonably throughout the year beginning in January and may be conducted on all days
and hours during which transit service is in operation. There will be no pattern to when random
tests will be conducted and all employees performing safety-sensitive functions will have an
equal chance of being selected for testing from the random pool each time random tests are
conducted. Employees shall remain in the pool even after being selected and tested. Therefore,
an employee may be selected for a random test more than once during a year.
Employees will be selected anonymously using an identification number having no
correlation to actual employee names. The random selection method used shall be a
scientifically valid method, such as a random number table or a computer-based random number
generator that is mapped to the safety-sensitive employee's social security number.' The
selection process will guarantee that each covered employee will have an equal chance of being
tested each time selections are made. There is no discretion on the part of management or
operations in the selection and notification of particular employees for testing. Random testing
must annually complete tests equivalent to 50%of the number of covered employees for drug
testing and 25% of the number of covered employees for alcohol testing, which rates are subject
to annual review and adjustment. The employee must report to the collection site immediately
after receiving notification of his or her selection from the random pool. It is the responsibility of
Weld County's MRO contractor to maintain the data base of safety-sensitive employees and to
perform the random selection of employees to be tested each testing cycle. In the event a
randomly selected employee is absent from work on the day his or her test is scheduled,the
employee will be tested immediately upon his or her return to work, as practicable, unless the
employee fails to return to work before the next randomly selected testing date.
In the event it is necessary to collect a urine specimen from an employee for random
testing outside his or her regular work hours, the employee will be paid for the extra time at the
applicable overtime rate. A safety-sensitive employee will be subject to random testing for
alcohol only while the employee is performing safety-sensitive functions or just before or just
after performing safety-sensitive functions.
• Consequences of Positive Test Result
Pursuant to Weld County policy, an employee whose random drug test is positive or
whose alcohol test result is 0.04 or greater will be removed from his or her safety-sensitive
position on a status of"leave without pay" and will be subject to discipline, up to and
including termination, pursuant to the Weld County Code. For the duration of the leave
7The current requirement of random testing is to annually complete tests equivalent to 50%of the number
of covered employees for drug testing and 10%of the number of covered employees for alcohol testing.
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without pay, the employee cannot utilize any accrued sick or vacation leave. Furthermore,
the driver will be subject to disciplinary action, up to and including termination, pursuant
to the Weld County Code.
5. RETURN-TO-DUTY TESTING
An employee who receives a verified positive drug test result, an alcohol test result of
0.04 or greater, or who refuses to submit to any test, or who improperly uses alcohol while on
duty or after an accident (before post accident testing is complete), may not return to work to
perform a safety-sensitive function until the employee is: 1) referred for evaluation by a SAP
who determines that the employee has followed any treatment program prescribed by the SAP,
and 2) passes a return-to-duty test. A return-to-duty test may be performed after the SAP
indicates that the employee has completed or is following any prescribed treatment program.
Weld County is not obligated to return an employee to a safety-sensitive position just because he
or she has completed or is following any prescribed treatment program and has passed a return-
to-duty test. In the return-to-duty evaluation, the SAP also shall determine the frequency and
duration of follow-up testing after the employee returns to duty. At a minimum,the SAP must
direct that the employee be subject to six unannounced follow-up tests in the first 12 months of
safety-sensitive duty following the employee's return to safety-sensitive functions. The SAP may
recommend that the employee be subject to a return-to-duty test for both drugs and alcohol even
if the employee only tested positive for one or the other. To pass the return-to-duty test, the
result must be a verified negative drug test result and/or an alcohol test result of less than 0.02.
• Consequences of Positive Test Result
Any positive return-to-duty drug test, taken at the employee's expense, or return-to-
duty alcohol test with a result of 0.02 or higher, taken at the employee's expense,will
subject the employee to disciplinary action, up to and including termination, pursuant to
the Weld County Code.
6. FOLLOW-UP TESTING
Employees permitted to return to duty are subject to unannounced follow-up testing. The
SAP shall determine the frequency and duration of the follow-up testing. A minimum of six
follow-up tests during the first 12 months after the employee returns to duty will be performed.
The testing period shall not exceed 60 months from the employee's return-to-duty. Follow-up
testing is separate from and in addition to the regular random testing program. Accordingly,
employees subject to follow-up testing will remain in the standard random pool and will be
tested whenever their names come up for random testing, even if this means being tested twice in
the same day, week or month.
The SAP may recommend that the employee be subject to follow-up testing for both
drugs and alcohol even if the employee only tested positive for one or the other. Therefore, an
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employee who is subject to follow-up drug tests may be required to take one or more follow-up
alcohol tests with a result of less than 0.04. If the employee is subject to follow-up alcohol tests,
the employee may be required to take one or more follow-up drug tests with a verified negative
result. Follow-up alcohol testing will be conducted only just before,just after or during the
period the employee is to perform a safety-sensitive function. The employee may not substitute
any other tests(e.g.,those carried out under the random testing program) conducted on the
employee for this follow-up testing requirement. Additionally, a cancelled follow-up test may
not be counted as a completed test.
• Consequences of Positive Test Result or Failure to Submit to Follow-up
Testing
Any positive test result for an employee subject to required follow-up testing
(including the positive result of a safety-sensitive job transfer, random, reasonable
suspicion, post-accident or other test),with the test being taken at the employee's expense,
or failure to submit to required follow-up testing,will be grounds for disciplinary action,
up to and including termination, pursuant to the Weld County Code.
CONSEQUENCES FOR ENGAGING IN DRUG AND ALCOHOL-RELATED CONDUCT
• Controlled Substances
An employee who tests positive for drugs or refuses to submit to a drug test must be
removed from performing safety-sensitive functions immediately on a status of"leave without
pay." For the duration of the leave without pay, the employee cannot utilize any accrued
sick or vacation leave. Pursuant to the Weld County Code a verified positive drug test may
subject the employee to discipline, up to and including termination. An employee who tests
positive for drugs or refuses to submit to a drug test may not perform a safety-sensitive function
until the employee has been referred for evaluation by a SAP, completed any recommended
treatment, been informed of education/treatment programs for controlled substance abuse, and
taken a return-to-duty drug test at the employee's expense with a verified negative result. Weld
County retains the right to terminate or otherwise discipline an employee who tests positive
for drugs or refuses so submit to a drug test.
• Alcohol
An employee who has an alcohol concentration of 0.02 or greater but less than 0.04
(a non-positive alcohol test) must 1) be removed from safety-sensitive functions for a
minimum of eight hours on a status of"leave without pay" or until a retest, at the
employee's expense, is below 0.02, 2) be informed of education/treatment programs for
alcohol misuse and abuse, and 3) sign the statement on the alcohol testing form
acknowledging that he shall not perform safety-sensitive functions or operate a motor
vehicle during this period. For the duration of the leave without pay, the employee cannot
16
utilize any accrued sick or vacation leave.
An employee who has an alcohol concentration of 0.04 or greater must be removed from
safety sensitive duties and may not perform such duties until the employee has been referred for
evaluation by a SAP, completed any recommended treatment, been informed of
education/treatment programs for alcohol misuse and abuse, and passed a return-to-duty test, at
the employee's expense, with an alcohol concentration of less than 0.02. Weld County retains
the right, pursuant to the provisions of the Weld County Code to terminate or otherwise
discipline an employee who tests positive for alcohol or refuses to submit to an alcohol test.
On-duty use of alcohol or the use of alcohol after an accident (before post accident testing is
complete) carry the same consequences as a positive test result.
RETESTING AT THE EMPLOYEE'S REOUEST
DOT regulations provide for a split sample procedure which requires a portion of each
urine specimen to be retained in a separate, sealed container. An employee whose urine test is
positive may request that the split sample be tested at a separate laboratory approved by the U.S.
Department of Health and Human Services. DOT regulations require that the employee makes
such a request within 72 hours of receiving notice of a verified positive testa The MRO shall
notify the employee of his or her right to request the split sample testing. If the analysis of the
split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the
primary specimen, or if the split specimen is unavailable, inadequate for testing, or untestable, or
if the adulteration or substitution criteria of the split specimen has not been met tlt. l;t i fvutxl
tt,Lc adultcrated and the primary samplc is not, the MRO must cancel the both tests and report
such cancellation and the reason for it to the DOT, the employee and Weld County. The MRO
will then direct the DER to ensure the immediate collection of another specimen under direct
observation,if appropriate, in accordance with DOT regulations. If the split is found to be
adulterated and the primary sample is not,the MRO must inform the employee that the split is
adulterated and determine if there is a legitimate medical explanation for the laboratory finding
of adulteration. If the MRO determines there is a legitimate medical explanation,the MRO shall
then report to the DER and the employee that the split specimen test is canceled. If, however,the
MRO determines that there is not a legitimate medical explanation, the MRO shall report the test
to the DER and the employee as a verified refusal to test. The MRO shall then inform the
employee that he or she has 72 hours to request a test of the primary specimen to determine if the
adulterant in the split specimen is also present in the primary specimen.
Pursuant to Weld County policy, all costs associated with split sample testing must
8In the event an employees fails to make a timely request,the employee must present information to the
MRO documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified
positive result or other circumstances unavoidably prevented the employee from timely contacting the MRO. If the
MRO concludes that there is a legitimate explanation for the employees failure to contact the MRO within 72 hours,
the MRO shall initiate a test of the split specimen.
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be paid by the employee, including shipping and handling, transportation, testing and
reporting to the MRO. If the result of the split sample test is negative, these costs will be
reimbursed to the employee. Additionally, if the result of the split sample test is negative,
the employee will be reinstated with no loss of seniority and paid for lost back wages.
NOTIFICATION OF CONVICTIONS
Pursuant to the requirements of the Drug-Free Workplace Act, employees must notify
Weld County within five days of any criminal drug statute conviction for a violation occurring in
the workplace.
CONTACT PERSON
FTA regulations require that a single contact person be identified to answer questions
about this policy. For the purposes of this policy, the contact person will be the Weld
County Drug and Alcohol Testing Program Administrator at the Weld County Personnel
Department, 915 10th Street, Greeley, Colorado 80631,who may be reached at (970) 356-
4000, Ext. 4234. Copies of relevant regulations also are available at the Personnel
Department.
EFFECTS OF ALCOHOL
FTA regulations require that written drug and alcohol policies include a discussion of the
effects of alcohol misuse. That information is contained in the attached "Effects of Alcohol Fact
Sheet" which appeared as part of the "Implementation Guidelines for Drug and Alcohol
Regulations in Mass Transit, " issued by the FTA Office of Safety and Security.
EDUCATION AND TRAINING
1. TRAINING FOR EMPLOYEES
Weld County will display and distribute to employees who are performing a safety-
sensitive function educational materials explaining the requirements of the FTA Drug and
Alcohol Testing Regulations and its policies and procedures. Employees and supervisors who
perform a safety-sensitive function also will be provided at least 60 minutes of training on the
effects and indications of drug use. Employees will be required to sign a form indicating that
they have received a copy of the policies and procedures. This form will be kept on file.
2. TRAINING FOR SUPERVISORS
Supervisors responsible for determining when to administer reasonable suspicion tests
will receive at least 60 minutes of alcohol awareness training and at least 60 minutes of drug
awareness training.
APPENDIX GA
SERVICE PROVIDERS AND ANSWERS FOR QUESTIONS
The following entities provide services pursuant to this Policy:
Substance Abuse Professional: (referred by Weld County)
Kathleen Hoerner, LPC, CEAP
3400 West 16th Street, 5-YY
Greeley CO 80634
Phone Number: 970.690.1771
Fax Number: 303.776.7524
Hours: Tuesdays - Thursdays, late afternoons & evenings
Fridays, mornings
Initial Evaluation Fee: $125 (payment is the responsibility of patient)
Follow-Up Evaluation Fee: $100 (payment is the responsibility of patient)
Copies of credentials on file
Laboratory:
LabOne, Incorporated
10101 Reimer Blvd.
Lenexa, KS 66219
1-800-728-4064
Medical Review Officer:
Medical Technical Review Dr. Sheldon Greenberg, M.D., Chief MRO
P.O. Box 490 Dr. Mark Luttrell, M.D., Associate MRO
Hudson, WI 54016 Dr. Christine Kasser, M.D., Associate MRO
1-800-880-4444
Persons with questions regarding Weld County's Policies Implementing the Federal Transit
Administration Regulations on Drug Abuse and Alcohol Misuse should contact:
Michelle Raimer
Weld County Personnel Department
mraimcrCitco.weld.co.us
970-356-4000 x4233 - Office
970-352-9019 - Fax
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