HomeMy WebLinkAbout972240.tiffRESOLUTION
RE: APPROVE AMENDMENTS TO WELD COUNTY CONTROLLED SUBSTANCE AND
ALCOHOL POLICIES FOR CERTAIN "SAFETY SENSITIVE POSITIONS"
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, pursuant to the Weld County Employee Personnel Policy Handbook, Weld
County Ordinance 118, as amended, "in cases that are unique to a specific department or
office, Departmental Supplemental Personnel Policies" may be approved by the Board of
County Commissioners to apply to employees in such a department or office, and
WHEREAS, pursuant to Federal Regulations and specific Federal Transportation
Administration grants, employees in certain "safety sensitive positions" in the Weld County
Public Works Department and the Weld County Department of Human Services are required to
undergo controlled substance and alcohol testing, pursuant to policies and procedures
established by the County, and
WHEREAS, by resolution dated September 11, 1996, the Board approved two drug and
alcohol policies as Supplemental Personnel Policies, those being entitiled: "Weld County's
Policy Implementing the Federal Transit Administration Regulations on Drug Use and Alcohol
Misuse" and "Weld County's Policy Implementing the Federal Highway Administration
Regulations on Drug Use and Alcohol Misuse," and
WHEREAS, upon review, there is the need for various amendments to said Policies in
order to make them consistent with the various provisions of the Weld County Personnel
Policies Handbook, Weld County Ordinance 118, as amended, with said amendments being
highlighted in the attached Exhibits "A" and "B," respectively.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Supplemental Personnel Policy entitled "Weld County's Policy
Implementing the Federal Transit Administration Regulations on Drug Use and Alcohol Misuse"
be, and hereby is, amended as set forth in the highlighted portions of the attached Exhibit "A,"
with said amendments being incorporated as part of said Supplemental Personnel Policy for the
Weld County Department of Human Services.
BE IT FURTHER RESOLVED by the Board that the Supplemental Personnel Policy
entitled "Weld County's Policy Implementing the Federal Highway Administration Regulations
on Drug Use and Alcohol Misuse" be, and hereby is, amended as set forth in the highlighted
portions of the attached Exhibit "B," with said amendments being incorporated as part of said as
972240
PE0015
RE: RE: AMENDED SUPPLEMENTAL PERSONNEL POLICIES
PAGE 2
Supplemental Personnel Policy for the Weld County Public Works Department.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of October, A.D., 1997.
ATTEST:
Weld Cou
BY'
Deputy Clerk
and
APP AS • ORM:
ounty Att. rney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
C
George'E. Baxter, Chairman
Constance L. Harbert, Pro-Tem
EXCUSED
Dale K. Hall
k-Gl
arbara J. Kirkmeyer
W. H"Webs fer
972240
PE0015
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. 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.
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.
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.
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 revenue service vehicles or equipment used in revenue service. 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.
EXHIBIT
lL\
i
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This list is subject to amendment at any time. 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.' As
referred to in this policy, alcohol 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,
'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.
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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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 Weld County Ordinance 118, as amended. Any
employee who refuses to submit to a required drug or alcohol test will not be permitted to
continue to perform safety -sensitive functions. Refusal to take a test includes: 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; or 4) 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.
TESTING FOR CONTROLLED SUBSTANCES
Drug testing of safety -sensitive employees authorized by FTA regulations is limited to
the following substances:
1. Marijuana;
2. Cocaine;
3. Amphetamines;
4. Opiates (e.g., heroin, codeine); and
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5. Phencyclidine (PCP).
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 -sensitive employees using the same
procedures FTA requires for testing safety -sensitive employees.
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 for collecting urine specimens will provide: a privacy enclosure for
urination; a toilet; a suitable, clean writing surface; and a water source for hand washing, which,
if practicable, will be located outside the privacy enclosure. The contractor who conducts the
testing will ensure that access to the testing site is restricted during testing, that unauthorized
persons are not present and that there are no unobserved entrance points to the testing site.
Furthermore, Weld County shall ensure that the collection site personnel provided by the
contractor ensure the dignity and privacy of the donor and that all collection site personnel are
trained to prepare the collection site, collect specimens, examine specimens for tampering or
sample adulteration, observe collections', split specimens and properly label and preserve the
'Specimen collection under the direct observation of same gender collection site personnel will only occur
after consultation with a higher -level supervisor of the collection site person or a designated employer representative
when: (1) the employee has presented a urine specimen that falls outside the normal temperature range and the
employee declines to provide a measurement of oral body temperature or oral body temperature varies by more than
1° C/1.8° F from the temperature of the specimen; (2) the last urine specimen provided by the employee was
determined by the laboratory to have a specific gravity of less than 1.003 and a creatinine concentration below
0.2g/L; (3) the collection site person observes conduct clearly and unequivocally indicating an attempt to substitute
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chain of custody of the specimens. These steps will be taken to 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.
Alcohol tests will be conducted with the use of a non -evidential screening devise and/or
evidential breath testing device ("EBT") approved for use by the National Highway Traffic
Safety Administration. A Screening Test Technician ("STT") will administer non -evidential
screening tests including saliva tests. Only a Breath Alcohol Technician ("BAT") will
administer an EBT test.' Alcohol tests will be administered in a location that affords visual and
aural privacy to the employee being tested which is sufficient to prevent unauthorized persons
from seeing or hearing test results. If the screening test reveals a blood alcohol concentration of
less than 0.02, the test is negative and will be reported as such. If the screening test reveals a
blood alcohol concentration of 0.02 or greater, a confirmation test will be performed.
Confirmation tests will be performed using an EBT and conducted within 30 minutes of the
completion of the screening test. If the employee must be transported from the screening site to
the confirmation site, the employee will remain under the direct observation of a BAT, STT or
other employer representative. These steps will be taken to protect the employee and the
integrity of the testing process, safeguard the validity of the test results and ensure that the test
results are attributed to the proper employee.
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 negative.
If the drug test result is 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.
ROLE OF THE SUBSTANCE ABUSE PROFESSIONAL ("SAP")
All safety -sensitive employees with a verified positive drug test result or a confirmed
or adulterate the sample; or (4) the employee has previously been determined to have used a controlled substance
without medical authorization and the particular test was conducted under a DOT agency regulation providing for
follow-up testing upon or after return to service.
4Law enforcement officials certified by state or local governments to conduct breath alcohol testing are
qualified as BATs. For a test conducted by such an officer to be accepted under FTA alcohol testing regulations,
the officer must have been certified by a state or local government to use the particular EBT used for the test.
5See the section entitled "Retesting at the Employee's Request" for a detailed description of split test
procedures.
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alcohol test result of 0.04 or greater, including those who have been terminated, will be referred
for evaluation by a SAP. If the employee's eventual return to duty is permitted under this policy,
the SAP shall prescribe a treatment program which the employee must successfully complete or
continue to follow in order to return to work. This treatment program may include referral of the
employee by the SAP to a treatment provider.
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 to the employer 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.
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:
I . Pre -Employment Testing;
2. Reasonable Suspicion Testing;
3. Post -Accident Testing;
4. Random Testing;
5. Return to Duty Testing; and
6. Follow -Up Testing.
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.
Consequences of Positive Test Result
A positive pre -employment drug test shall be considered sufficient grounds to disqualify
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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.
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
detecting the signs of alcohol misuse and drug use reasonable concludes, based on his or her
observations, that the employee has used drugs or misused alcohol. The determination, pursuant
to Weld County Ordinance 118, as amended that reasonable suspicion exists shall be based on
specific, contemporaneous, articulable observations concerning the appearance, behavior, speech
or body odors of the employee.
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. 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 Weld County Ordinance
118, as amended that reasonable suspicion to test exists. If a reasonable suspicion test is not
performed within two hours after such a determination, pursuant to Weld County Ordinance 118,
as amended, 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 removed from service
pending the test results on a status of "administrativeleave with pay" If the test results are
negative, the employee will be returned to work and paid for any time lost.
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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 Weld
County Ordinance 118, as amended, 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
certain mass transit accidents.' Post -accident testing requirements differ depending on whether
the accident question involved loss of life.
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
'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: (1) 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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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.
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.
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. 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.
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 Weld County Ordinance
118, as amended, as determined by Weld County. For the duration of the leave without pay, the
employee cannot utilizeany aocrued 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
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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.
4. RANDOM TESTING
Random testing will be conducted for all employees performing safety -sensitive
functions at a rate established by law. Random tests will be unannounced and spread reasonably
throughout the year. 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 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 Weld County Ordinance 118, as amended. For the duration of the leave
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 Weld
County Ordinance 118, as amended.
5. RETURN -TO-DUTY TESTING
An employee who receives a verified positive drug test result, an alcohol test result of
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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 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. 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. The SAP shall 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 ernplo ee's expense, will be subject the
employee to disciplinary action, up to and including termination, pursuant to Weld County
Ordinance 118, as amended.
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 shall 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
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.
Consequences of Positive Test Result
Any positive test result for an employee subject to 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, will be grounds for disciplinary
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action, up to and including termination, pursuant to Weld County Ordinance 118, as amended.
CONSEOUENCES 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 Weld County Ordinance 118, as amended, 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 0.039 (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 expenses 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 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 Weld County Ordinance 118, as amended, 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.
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Department of Health and Human Services. DOT regulations require that the employee makes
such a request within 72 hours of learning of a verified positive test.'
Pursuant to Weld County policy, all costs associated with split sample testing must be
prepaid 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
'In 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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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.
M:\ W PFILES\POLICY\FTRANSIT.LM
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SAMPLE POLICY LANGUAGE FOR
CONSEOUENCES OF A POSITIVE TEST RESULT
1. ...terminate the safety -sensitive employee immediately.
2. ...suspend the safety -sensitive employee until s/he has been evaluated by the SAP,
completed all recommended treatment and taken a return -to -duty test with a verified
negative result. During the employee's suspension, the employee will be allowed to
retain medical benefits with the Company, but will receive no pay.
3. ...remove the safety -sensitive employee from performing safety -sensitive functions until
s/he has been evaluated by the SAP, completed all recommended treatment and taken a
return -to -duty test with a verified negative result. If Weld County has an alternate
position available for which the employee is qualified, the employee will work in the
position until s/he has met the SAP's recommendation and taken the return -to -duty test
with a verified negative result, but will be paid at the rate of pay of the new position. If
Weld County has no such alternate position available, the employee will be suspended
until s/he has been evaluated by the SAP, completed all recommended treatment and
taken a return -to -duty test with a verified negative result. During the employee's
suspension, the employee will be allowed to retain medical benefits with the Company,
but will receive no pay.
972240
WELD COUNTY'S POLICY IMPLEMENTING THE FEDERAL HIGHWAY
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 Highway
Administration ("FHWA") regulations on the misuse of alcohol and the use of controlled
substances. Weld County reserves the right to conduct drug and/or alcohol tests of applicants or
current employees in accordance with any other state and/or federal law.
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 drivers and applicants seeking employment
as drivers who perform safety -sensitive functions;
a program for evaluating drivers who violate the drug use and alcohol misuse
policy; and
administrative procedures of record keeping, reporting, releasing information and
certifying compliance with the FHWA regulations
EMPLOYEE CATEGORIES SUBJECT TO TESTING
The FHWA regulations apply to all drivers of commercial motor vehicles in interstate or
intrastate commerce who perform safety -sensitive functions and are subject to commercial
driver's license ("CDL") requirements. Applicants and current employees seeking positions as
drivers who will perform safety -sensitive functions also are covered by the FHWA regulations.
The following categories of drivers for Weld County are subject to the policy:
Service Workers I, II, and III
Vegetation Management Specialist
Lead worker
Welder III
Foreman
Supervisor
Operations Director
Engineering Administrator
This list is subject to amendment at any time. Participation in this drug and alcohol testing
EXHIBIT
B
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program is a condition of employment for each listed driver.
A driver is considered to be performing a safety -sensitive function during any period in
which the driver is actually performing, ready to perform, or immediately available to perform
any safety -sensitive function. Therefore, an employee who is "on call" for duty is covered by
this policy. The FHWA defines the following functions as safety -sensitive:
(1) All time at a carrier or shipper plant, terminal, facility, or other property waiting
to be dispatched, unless the driver has been relieved from duty by the employer;
(2) All time inspecting equipment as required by the Federal Motor Carrier Safety
Regulations (FMCSR's), or otherwise inspecting, servicing, or conditioning any
commercial motor vehicle at any time;
(3) All time spent at the driving controls of a commercial motor vehicle;
(4) All time, other than driving time, spent on or in a commercial motor vehicle
(except for time spent resting in the sleeper berth);
(5) All time loading or unloading a commercial motor vehicle, supervising or
assisting in the loading or unloading, attending a vehicle being loaded or
unloaded, remaining in readiness to operate the vehicle or in giving or receiving
receipts for shipments loaded or unloaded; and
(6) All time repairing, obtaining assistance or remaining in attendance upon a
disabled vehicle.
PROHIBITED CONDUCT
Alcohol
Drivers subject to this policy must not consume alcohol: 1) while performing a safety -
sensitive function; 2) within four hours prior to performing a safety -sensitive function; and 3) for
up to eight hours following an accident or until the driver undergoes a post -accident test,
whichever occurs first. Drivers are prohibited from possessing alcohol while on duty or while
operating a commercial motor vehicle unless the alcohol is manifested and transported as part of
a shipment. As referred to in this policy, alcohol means the intoxicating agent in beverage
alcohol, ethyl alcohol or other low molecular -weight alcohols including methyl and isopropyl
alcohol. FHWA regulations currently prohibit drivers 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.'
'A driver found to have an alcohol concentration greater than 0.02 but less than 0.04 may not perform any
safety -sensitive function until the start of the driver's next regularly scheduled duty period to begin a minimum of
24 hours following administration of the test.
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Controlled Substances
Drivers subject to this policy 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 driver that the substance does not adversely affect the driver's ability to safely
perform his or her job. Any driver 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 driver 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. FHWA regulations prohibit the performance
of safety -sensitive functions when a prohibited level of any of the five specified drugs is
detectable in the driver's urine.
DRUG AND ALCOHOL TESTING PROGRAM
Drivers who perform safety -sensitive functions will be subject to testing pursuant to
FHWA regulations. Testing of other employees, applicants for employment and any testing of
drivers who perform safety -sensitive functions over and above the requirements of FHWA
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 a driver 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 Weld County Ordinance 118, as amended. Any driver who
refuses to submit to a required drug or alcohol test will not be permitted to continue to perform
safety -sensitive functions. Refusal to take a test includes: 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; 4) refusal
to sign the certification in Step 2 of the Breath Alcohol Testing Form; or 5) leaving the scene of
an accident without a valid reason before tests are conducted without notifying Weld County of
where the driver can be reached for testing.
Pursuant to Weld County policy, any driver who tampers with, falsifies, substitutes, or
alters a urine sample, saliva or breath test, or who attempts to do so, shall be subject to
disciplinary action, up to and including termination, pursuant to Weld County Ordinance 118, as
amended.
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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.
TESTING FOR CONTROLLED SUBSTANCES
Drug testing of drivers who perform safety -sensitive functions is limited to the following
substances:
1. Marijuana;
2. Cocaine;
3. Amphetamines;
4. Opiates (e.g., heroin, codeine); and
5. Phencyclidine (PCP).
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 under its own authority, to
require drivers to provide separate specimens for testing for other controlled substances, as
permitted by law. Weld County reserves the right, pursuant to its policy and under its own
authority, as permitted by law, to perform drug tests of applicants or current employees not
covered by this policy using the same procedures FHWA requires for testing drivers who
perform safety -sensitive functions.
TESTING FOR ALCOHOL
Alcohol testing of drivers will be performed pursuant to FHWA regulations. Weld
County reserves the right, pursuant to its policy and under its own authority, as permitted by law,
to perform alcohol tests of applicants or current employees not covered by this policy using the
same procedures FHWA requires for testing drivers who perform safety -sensitive functions.
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 for collecting urine specimens will provide: a privacy enclosure for
urination; a toilet; a suitable, clean writing surface; and a water source for hand washing, which,
if practicable, will be located outside the privacy enclosure. The contractor who conducts the
testing will ensure that access to the testing site is restricted during testing, that unauthorized
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persons are not present and that there are no unobserved entrance points to the testing site.
Furthermore, Weld County shall ensure that the collection site personnel provided by the
contractor ensure the dignity and privacy of the donor and that all collection site personnel are
trained to prepare the collection site, collect specimens, examine specimens for tampering or
sample adulteration, observe collections', split specimens and properly label and preserve the
chain of custody of the specimens. These steps will be taken to protect the driver 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 proper driver.
Alcohol tests will be conducted with the use of a non -evidential screening devise and/or
evidential breath testing device ("EBT") approved for use by the National Highway Traffic
Safety Administration. A Screening Test Technician ("STT") will administer non -evidential
screening tests including saliva tests. Only a Breath Alcohol Technician ("BAT") will
administer an EBT test. Alcohol tests will be administered in a location that affords visual and
aural privacy to the driver being tested which is sufficient to prevent unauthorized persons from
seeing or hearing test results. If the screening test reveals a blood alcohol concentration of less
than 0.02, the test is negative and will be reported as such. If the screening test reveals a blood
alcohol concentration of 0.02 or greater, a confirmation test will be performed. Confirmation
tests will be performed using an EBT and conducted within 30 minutes of the completion of the
screening test. If the driver must be transported from the screening site to the confirmation site,
the driver will remain under the direct observation of a BAT, STT, or other employer
representative. These steps will be taken to protect the driver and the integrity of the testing
process, safeguard the validity of the test results and ensure that the test results are attributed to
the proper driver.
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 a driver's drug test result is negative. If the
drug test result is positive, the MRO will contact the driver to discuss the test, to determine if the
positive result is valid and to notify the driver that he has 72 hours to request a test of the split
'Specimen collection under the direct observation of same gender collection site personnel will only occur
after consultation with a higher -level supervisor of the collection site person or a designated employer representative
when: (1) the driver has presented a urine specimen that falls outside the normal temperature range and the driver
declines to provide a measurement of oral body temperature or oral body temperature varies by more than 1°
C/I.8° F from the temperature of the specimen; (2) the last urine specimen provided by the driver was determined
by the laboratory to have a specific gravity of less than 1.003 and a creatinine concentration below 0.2g/L; (3) the
collection site person observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate
the sample; or (4) the driver has previously been determined to have used a controlled substance without medical
authorization and the particular test was conducted under a DOT agency regulation providing for follow-up testing
upon or after return to service.
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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.
ROLE OF THE SUBSTANCE ABUSE PROFESSIONAL ("SAP")
All drivers with a verified positive drug test result or a confirmed alcohol test result of
0.04 or greater, including those who have been terminated, will be referred for evaluation by a
SAP. If the driver's eventual return to work is permitted under this policy, the SAP shall
prescribe a treatment program which the driver must successfully complete or continue to follow
in order to return to work. This treatment program may include referral of the driver by the SAP
to a treatment provider.
Drivers permitted to return to work following a positive test shall be re-evaluated by the
SAP to determine whether the driver has complied with the SAP's recommendations. After that
evaluation and the successful completion of a return -to -duty test, the SAP shall recommend to
the employer the number and frequency of follow-up alcohol and/or drug tests to be administered
following the driver's return to duty. The follow-up testing shall consist of at least six tests in
the first twelve months following the driver's return to duty. The SAP shall recommend whether
the driver should be subject to both drug and alcohol follow-up tests.
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.
3See the section entitled "Retesting at the Driver's Request" for a detailed description of split test
procedures.
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1. PRE -EMPLOYMENT TESTING
All applicants for and current employees seeking transfer to employment as a driver who
will perform safety -sensitive functions will be informed in writing of the testing requirements
and will undergo a pre -employment drug test. Weld County will not hire an applicant or transfer
an employee to such a position unless the result of the applicant's or employee's drug test is
negative. Weld County also will make reasonable efforts to contact each of the applicant's
employers over the previous two-year period to determine if the employee has tested positive for
either drugs or alcohol. Weld County will document this effort clearly and will maintain these
records for a minimum of five years. The applicant must provide a limited consent for Weld
County to obtain this information. Failure to provide this consent will disqualify an applicant
from employment or disqualify an incumbent employee's application for transfer to a position as
a driver who performs safety -sensitive functions. If the driver has tested positive while
previously employed, Weld County must verify that the driver completed a treatment program
recommended by the SAP and obtained a verified negative test result.
Consequences of Positive Test Result
A positive pre -employment drug test shall be considered sufficient ground to disqualify
the applicant or incumbent employee from employment with Weld County in a position as a
driver who performs safety -sensitive functions. 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.
Weld County will not assign an applicant or incumbent employee who has refused to take
or failed a pre -employment drug test to a position as a driver who performs safety sensitive -
functions. If such an applicant or employee later applies for such a 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 position as a driver who performs safety -sensitive functions.
2. REASONABLE SUSPICION TESTING
Drivers 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 driver has used a
prohibited drug or misused alcohol. Reasonable suspicion is established if a supervisor trained in
detecting the signs of alcohol misuse and drug use reasonable concludes, based on his or her
observations, that the driver has used drugs or misused alcohol. The determination that
reasonable suspicion to test exists shall be based on specific, contemporaneous, articulable
observations concerning the appearance, behavior, speech or body odors of the driver.
Weld County will direct a driver 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
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the driver is required to comply with the driver alcohol use prohibitions. The alcohol test may be
administered only just before, just after or during the period the driver is to perform a safety -
sensitive function. A driver ordered to submit to reasonable suspicion testing shall be
transported to the screening site by a supervisor or other person designated by the supervisor. A
reasonable suspicion test for alcohol must be performed within eight hours following a
determination that reasonable suspicion to test exists. If a reasonable suspicion test is not
performed within two hours after such a determination, Weld County will prepare and maintain a
record stating the reasons the test was not promptly administered. No driver 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 and at least 24 hours have elapsed
following the administration of the reasonable suspicion test. A written record of the
observations leading to a controlled substance reasonable suspicion test shall be made and signed
by the supervisor or company official within 24 hours of the observation or before the test results
are released, whichever is earlier.
A driver who undergoes reasonable suspicion testing will be removed from service
pending the test results on a status of "administrative leave with pay." If the test results are
negative, the driver will be returned to work (without loss of pay).
Consequences of Positive Test Result
Pursuant to Weld County policy, if the reasonable suspicion drug or alcohol test result is
positive, the driver 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 Weld
County Ordinance 118, as amended. For the duration of the leave without pay, the driver cannot
utilize any accrued sick or vacation leave. At a minimum, the driver shall be subject to the same
consequences applied to drivers following a positive random test. If the driver is not terminated,
the driver shall be subject to the same requirements regarding assessment, rehabilitation, return -
to -duty and follow-up testing applied to drivers following a positive random test.
3. POST -ACCIDENT TESTING
Each surviving driver who was performing a safety -sensitive function with respect to the
vehicle will be tested for both drugs and alcohol if the accident involved the loss of a human life.
Additionally, each driver who received a citation under state or local law for a moving traffic
violation arising from the accident, where the accident resulted in an injury or towing of the
vehicle, will be tested.
Tests for the use of prohibited drugs and misuse of alcohol will be administered as soon
as practicable following an accident involving a commercial motor vehicle. Drug tests must be
performed within 32 hours following an accident. If the drug test is not administered within 32
hours, Weld County will cease efforts to test for drugs and will prepare and maintain on file a
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record stating the reasons the test was not promptly administered. Alcohol tests should be
performed within two hours following an accident, but in no instance later than eight hours
following an accident. A driver 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 driver 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. 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.
The results of a breath or blood test for the use of alcohol or a urine test for the use of
controlled substances, conducted by federal, state or local officials having independent authority
for the test, shall be considered to meet the requirements of this section, provided such tests
conform to applicable federal, state or local requirements and the results of the tests are obtained
by Weld County.
These testing requirements will not delay necessary medical attention for injured persons,
nor will they prohibit a driver 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. Drivers performing safety -sensitive functions, however, must remain
readily available for testing for 32 hours. This means the driver must ensure that Weld County
knows the drivers's location for at least a 32 -hour period following an accident or until post -
accident drug and alcohol tests have been completed. A driver 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. Drivers 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 this policy.
Consequences of Positive Test Result
Pursuant to Weld County Policy, if the result of either test is positive, the driver 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 Weld County Ordinance 118,
as amended. For the duration of the leave without pay, the driver cannot utilize any accrued sick
or vacation leave. At a minimum, the driver shall be subject to the same consequences applied to
drivers following a positive random drug or alcohol test. If the driver is not terminated, the
driver shall, at a minimum, be subject to testing applied to drivers following a positive random
test.
4. RANDOM TESTING
Random testing will be conducted for all drivers performing safety -sensitive functions at
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a rate established by law. Random tests will be unannounced and spread reasonably throughout
the year. There will be no pattern to when random tests will be conducted and all drivers who
perform safety -sensitive functions will have an equal chance of being selected for testing from
the random pool each time random tests are conducted. Drivers shall remain in the pool even
after being selected and tested. Therefore, a driver may be selected for a random test more than
once during a year.
Drivers will be selected anonymously using an identification number having no
correlation to actual employee names. The driver 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 drivers who perform safety -
sensitive functions and to perform the random selection of drivers to be tested each testing cycle.
In the event a randomly selected driver is absent from work on the day his test is scheduled,
either an alternate driver shall be randomly selected for testing, or the originally randomly
selected driver shall be placed back in the pool and the number of those drivers randomly
selected in the next pool shall be increased accordingly.
In the event it is necessary to collect a urine specimen from a driver for random testing
outside his regular work hours, the driver will be paid for the extra time at the applicable rate. A
driver will be subject to random testing for alcohol only while the driver 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, a driver 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 Weld County Ordinance 118, as amendedFor the duration of the leave without pay,
the driver cannot utilize any accrued sick or vacation leaveFurthermore, the driver will be
subject to disciplinary action, up to and including termination, pursuant to Weld County
Ordinance 118, as amended.
5. RETURN -TO-DUTY TESTING
A driver 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 until the
driver is: 1) referred for evaluation by a SAP who determines that the driver 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 driver has completed or is following any
prescribed treatment program. In the return -to -duty evaluation, the SAP also shall determine the
frequency and duration of follow-up testing after the driver returns to duty. The SAP shall
recommend that the driver be subject to a return -to -duty test for both drugs and alcohol even if
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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 driver's expense, or return -to -duty
alcohol test with a result of 0.02 or higher, taken at the driver's expense, will be subject the
driver to disciplinary action, up to and including termination, pursuant to Weld County
Ordinance 118, as amended.
6. FOLLOW-UP TESTING
Drivers 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 driver returns to duty will be performed at the
driver's expense. The testing period shall not exceed 60 months from the driver's retum-to-duty.
Follow-up testing is separate from and in addition to the regular random testing program.
Accordingly, drivers 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 shall recommend that the driver be subject to follow-up testing for both drugs
and alcohol even if the driver only tested positive for one or the other. Therefore, a driver 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 driver is subject to follow-up alcohol tests, he 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 when the driver is performing safety -sensitive functions or just before or
just after the driver performs such functions.
Consequences of Positive Test Result
Any positive test result for a driver subject to 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 driver's expense, will subject the driver to disciplinary
action, up to and including termination, pursuant to Weld County Ordinance 118, as amended.
CONSEOUENCES FOR ENGAGING IN DRUG AND ALCOHOL -RELATED CONDUCT
• Controlled Substances
A driver 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, thedriver cannot utilize any accrued sick or vacation leave.
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A verified positive drug test may subject the driver to discipline, up to and including termination,
pursuant to Weld County Ordinance 118, as amended. A driver who tests positive for drugs or
refuses to submit to a drug test may not perform a safety -sensitive function until he 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 driver's expense with a verified negative result. Weld County retains the right to terminate
or otherwise discipline a driver who tests positive for drugs or refuses to submit to a drug test.
Alcohol
A driver who has an alcohol concentration of 0.02 or greater but less than 0.039 (a non -
positive alcohol test) must 1) be removed from safety -sensitive functions, on. a status of "leave
without pay," until the start of the driver's next regularly scheduled duty period, to begin not less
than 24 hours following administration of the alcohol test, 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.
A driver whose alcohol test reveals an alcohol concentration of 0.04 or greater may not
perform a safety -sensitive function until he has been referred for evaluation by a SAP, completed
any recommended treatment and passed a return -to -duty test, at the driver's. expense, with an
alcohol concentration of less than 0.02. Weld County retains the right to terminate or otherwise
discipline a driver who tests positive for alcohol or refuses to submit to an alcohol test.
RETESTING AT THE DRIVER'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. A driver 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 driver make such a
request within 72 hours of learning of a verified positive test.'
Pursuant to Weld County Policy, all costs associated with split sample testing must be
prepaid by the driver, 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
driver. Additionally, if the result of the split sample test is negative, the driver will be reinstated
with no loss of seniority and paid for lost back wages.
4In the event a driver fails to make a timely request, the driver 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 driver from timely contacting the MRO. If the MRO
concludes that there is a legitimate explanation for the driver's failure to contact the MRO within 72 hours, the
MRO shall initiate a test of the split specimen.
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NOTIFICATION OF CONVICTIONS
Pursuant to the requirements of the Drug -Free Workplace Act, all employees and drivers
must notify Weld County within five days of any criminal drug statute conviction for a violation
occurring in the workplace.
CONTACT PERSON
FHWA 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 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
FHWA 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 Federal Transit Administration Office of Safety and
Security.
EFFECTS OF CONTROLLED SUBSTANCES
FHWA regulations require that written drug and alcohol policies contain a discussion of
the effects of controlled substance use. That information is contained in controlled substance
"Fact Sheets" available at the Weld County Personnel Department 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
Supervisors responsible for determining when to administer reasonable suspicion tests
will receive training on this issue. This training will consist of at least 60 minutes for alcohol
awareness training and at least 60 minutes for drug awareness training.
M: \ W PFILES\POLICY\FHADRUG.LM
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SAMPLE POLICY LANGUAGE FOR
CONSEOUENCES OF A POSITIVE TEST RESULT
1. ...terminate the driver immediately.
2. ...suspend the driver until s/he has been evaluated by the SAP, completed all
recommended treatment and taken a return -to -duty test with a verified negative result.
During the driver's suspension, the driver will be allowed to retain medical benefits with
the Company, but will receive no pay.
3. ...remove the driver from performing safety -sensitive functions until s/he has been
evaluated by the SAP, completed all recommended treatment and taken a return -to -duty
test with a verified negative result. If Weld County has an alternate position available for
which the driver is qualified, the driver will work in the position until s/he has met the
SAP's recommendation and taken the return -to -duty test with a verified negative result
but will be paid at the rate of pay of the new position. If Weld County has no such
alternate position available, the driver will be suspended until s/he has been evaluated by
the SAP, completed all recommended treatment and taken a return -to -duty test with a
verified negative result. During the driver's suspension, the driver will be allowed to
retain medical benefits with the Company, but will receive no pay.
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