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Home My WebLink About991264.tiff RESOLUTION 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 entitled: "Weld County's Policy Implementing the Federal Transit Administration Regulations on Drug Use and Alcohol Misuse," WHEREAS, said Policy was previously amended by resolution of the Board October 8, 1997, and WHEREAS, upon review, there is the need for various amendments to said Policy in order to make it consistent with various provisions of the Federal Regulations. 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. • PC 991264 PE0015 RE: RE: AMENDED SUPPLEMENTAL PERSONNEL POLICIES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of June, A.D., 1999. BOARD OF COUNTY COMMISSIONERS D COUNTY O OR O ATTEST: LuL4in ;aS{ ,/`� Dale K. Hall, Chair Weld County Clerk to th o- 0 ■ XCUSED DATE OF SIGNING (AYE) }' ►`� Barbar J. Kirkm yer, Pro-Tem BY: Deputy Clerk to the Bo�:'��U �� 1 f _ Georg E. xter e frfrilD-ROVE A O FORM: . J. eile my AttorneY"- // -7- " Glenn Vaad 991264 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. Such regulations are found in Part 40, Title 49 of the Code of Federal Regulations, and are referred to herein and in the appendixes hereto as the "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 became effective by resolution of the Board of County Commissioners of Weld County, dated September 11, 1996, with the most recent revision date being set forth below. 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 Weld County Ordinance 118, as amended. 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. EW Policy not mandated by FTA regulations are set forth in bold type. r "_ 2 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. 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.' 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 '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. 3 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 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 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 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. 4 testing chain of custody form, or to sign "Step #2" on the alcohol testing form); 4)tampering with or attempting to adulterate the specimen or collection procedure; 5) not reporting to collection site in the time allotted; or 6) 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/ma 4. Opiates Morphine/Codeine 300 NG/ml 300 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- 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 5 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 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 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. Unless otherwise instructed by Weld County in writing, all records pertaining to a given urine specimen shall be retained by the drug test 3Specimen 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 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. 6 laboratory for a minimum of two years. The drug testing laboratory shall retain and place in a properly secured ong-term frozen storage for a minimum of one year all specimens confirmed positive, in their original labeled specimen bottles. Within this one-year 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 no such request is received, the laboratory may discard the specimen after the end of the one-year period, except that the laboratory shall be required to maintain any specimens known to be under legal challenge for an indefinite period. The testing procedures for drug testing are more completely detailed in the attached Appendixes "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 "G." 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. The testing procedures for alcohol testing are more completely detailed in the attached Appendix "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 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 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 beer certified by a state or local government to use the particular EBT used for the test. 7 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. See the attached Appendix "B" for a.more detailed discussion of the role and functions of the MRO. The name, address, and telephone number of the MRO being used by Weld County are listed in the attached Appendix "G." 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, 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 written 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 treatment program may include referral of the employee by the SAP to a 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. 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"G." 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: 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 I)HHS-certified laboratory for analysis. 8 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. 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 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 he 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 9 that the employee is required to comply with the employee alcohol use prohibitions. Any supervisor making the decision to 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 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"administrative leave with pay." 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 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. 6Pursuant to ETA 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 ais 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. 10 • 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 safely-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. 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 11 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 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. 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, spread reasonably throughout the year 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.' 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 MR0 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 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. 12 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 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 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 Weld County Ordinance 118, as amended. 6. FOLLOW-UP TESTING Employees permitted to return to duty are subject to unannounced follow-up testing. The 13 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 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 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 0.04 (a 14 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 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 REQUEST 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 test.' 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 split is found to be adulterated and the primary sample is not, the MRO must cancel the test and report such cancellation and the reason for it to the DOT, the employee and Weld County. Pursuant to Weld County policy, all costs associated with split sample tesl:ing must be paid by the employee, including shipping and handling, transportation, testing and reporting to the NIRO. 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 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. 15 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 110th 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 lease: 60 minutes of alcohol awareness training and at least 60 minutes of drug awareness training. Rev. 6/2/99 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 Part 40,Title 49 of the Code of Federal Regulations, and are referred to herein and in the appendixes hereto as the"k IA 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.wa This policy became effective by resolution of the Board of County Commissioners of Weld,County, dated September 11, 1996, with the most recent revision date being set forth below. 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 Weld County Ordinance 118, as amended. 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. Policy not mandated by FTA regulations are set forth in bold type. 2 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. The following positions at the Weld County Department of Human Services and Fleet Ylaintenance 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.' 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 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. 3 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 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 any of the following: 1) outright refusal to submit to a test; 2) failure to provide sufficient quantities of saliva, breath or unite 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 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. 4 testing chain of custody form, or to sign"Step#2"on the alcohol testing form); 4)tampering with or attempting to adulterate the specimen or collection procedure; 5)not reporting to collection site in the time allotted; or 46) 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/mll 3. Amphetamines 1000 NG/ml 500 NG/mll 4. Opiates:Morphine/Codeine 300 NG/ml 300 NG/mi 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- sensitive employees using the same procedures FTA requires for testing safety-sensitive employees. Any emplo yee 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 5 result is verified negative by the MRO and;reported to Weld County as a negative test result. The employee shalt 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 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 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. Unless otherwise instructed by Weld County in writing, all records pertaining to a given urine specimen shall be retained by the drug test 3Specimen 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 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. 6 laboratory for a minimum of two years. The drug testing laboratory shall retain and p lace in a properly secured ong-term frozen storage for a minimum of one year all specimens confirmed positive, in their original labeled specimen bottles. Within this one-year 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 no such request is received,the laboratory may discard the specimen after the end of the one-year period, except that the laboratory shall be required to maintain any specimens known to be under legal challenge for an indefinite period. The testing procedures for drug testing are more completely detailed in the attached Appendixes "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"G." 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 perfonned 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. The testing procedures for alcohol testing are more completely detailed in the attached Appendix"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 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 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. 7 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. See the attached Appendix"B" for a more detailed discussion of the role and functions of the MRO. The name, address, and telephone number of the MRO being used by Weld County are listed in the attached Appendix"G ,; 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, 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 written 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 treatment program may include referral of the employee by the SAP to a 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. 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 the cmploycr 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"G." 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: 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 OHHS^certified laboratory for analysis. 8 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. I. 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 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 he 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 9 that the employee is required to comply with the employee alcohol use prohibitions. Any supervisor making the decision to 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 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"administrative leave with pay." 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 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. 'Pursuant to ETA 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 mariner 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. 10 • 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. 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 11 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 mol:or 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 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 drag 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. 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 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.' 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 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. 12 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 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 shell 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 Weld County Ordinance 118, as amended. 6. FOLLOW-UP TESTING Employees permitted to return to duty are subject to unannounced follow-up testing. The 13 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 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 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 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 0.0394 (a 14 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 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. Department of Health and Human Services. DOT regulations require that the employee makes such a request within 72 hours of learning receiving notice of a verified positive test.' 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 split is found to be adulterated and the primary sample is not, the MRO must cancel the test and report such cancellation and the reason for it to the DOT,the employee and Weld County. 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 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. 15 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 lease. 60 minutes of alcohol awareness training and at least 60 minutes of drug awareness training. Rev. 4/1/99 M:\WPFILES\POLICY\FTRANSI LM APPENDIX A LAB, COLLECTION SITE & BLIND SAMPLE REQUIREMENTS A. Collection Requirements 1. Weld County will ensure that collection sites utilized by its employees are aware of their responsibilities with regard to the specimen collection process. The collection site shall post or have readily available instructions which explain the specimen collection process. 2. The instructions address the requirements contained in Part 40.25 of the FTA regulations. B. General 1. The collection site shall have all necessary personnel, materials, equipment, facilities, and supervision to provide for the collection, security, temporary storage, and shipping or transportation of urine specimens to a certified laboratory designated by Weld County. An independent medical facility may be utilized as a collection site provided the other applicable requirements of Appendix C are met. 2. A designated collection site shall be any suitable location where a specimen can be collected under conditions set forth in Appendix C. A designated collection site shall have an enclosure within which private urination can occur, a toilet for completion of urination, and a suitable clean surface for writing. The site must also have a source of water for washing hands, which if practicable, should be external to the enclosure where urination occurs. 3. Weld County shall ensure that all collection site personnel have completed training on specimen collection procedures or are qualified as a licensed medical professional. If non-medical collection sites are utilized, then Weld County shall ensure that appropriate training requirements are documented. 4. The direct supervisor of a covered employee shall not serve as a collector in conducting any required drug test unless it is impracticable. 5. Detailed Specimen Collection Procedures are outlined in Appendix C. These collection procedures are to be provided to the medical collection site personnel. 6. A copy of the standard written instructions setting forth the donor's or employee representative's responsibilities during the specimen collection must be provided prior to the test being conducted. A-1 DRUG TESTING LABORATORY A. SAMHSA Approved Laboratory. For analysis of employee specimens, Weld County shall use a drug testing laboratory certified by SAMHSA under the U.S. Department of Transportation procedures. 1. Weld County shall use a drug testing laboratory certified under DBMS Mandatory Guidelines for Federal Workplace Drug Testing Programs; 53 FR 11970, April 11, 1988 and subsequent amendments. 2. The laboratory shall provide services in accordance with Part 40. The name and address of each SAMHSA laboratory used by Weld County is contained in the policy. 3. The laboratory shall permit inspections by Weld County, the FTA Administrator, or if Weld County is subject to the jurisdiction of a state agency, a representative of the state agency. B. Laboratory Procedures. These procedures are addressed in Appendix D. BLIND PERFORMANCE TEST PROCEDURES A. General. 1. Weld County shall use blind testing quality control procedures as provided in this section. 2. Weld County shall submit three blind performance test specimens for each 100 employee specimens it submits, up to a maximum of 100 blind performance test specimens submitted per quarter. A-2 APPENDIX B MEDICAL REVIEW OF DRUG TESTING RESULTS A. General 1. Weld County shall have on staff or contract for the services of an MRO. The MRO shall be a licensed physician with knowledge of drug abuse disorders. The MR0 shall review all negative and positive drug test results and interview individuals tested positive to verify the laboratory report before Weld County is notified. The review of a negative test may be an administrative process to ensure the chain-of-custody procedures were intact 2. The MRO has contracted with Weld County to provide the services of MRO for this Policy in accordance with the requirements of 40.33 of the FTA regulations. A listing of Weld County's MRO, including address, is contained in this Policy. B. Reporting and Review of Results 1. Negative Test Results. a. Applicants. Applicants with negative drug test results will be eligible for hire. b. Employees. No action will be taken for employees with negative drug test results. 2. The MRO shall review confirmed positive results. An essential part of the drug testing program is the final review of confirmed positive results from the laboratory. A positive test result does not automatically identify an employee/applicant as having used drugs in violation of a DOT regulation. An individual with a detailed knowledge of possible alternate medical explanations is essential to the review of results. This review shall be performed by the MRO prior to the transmission of results to Weld County administrative officials. The MRO review shall include review of the chain-of-custody to ensure that it is complete and sufficient on its face. 3. The duties of the MRO with respect to negative results are purely administrative. C. Qualifications and Responsibilities 1. The MRO shall be a licensed physician with knowledge of substance abuse disorders and may be an employee of Weld County or a private physician retained for this purpose. The MRO shall not be an employee of the laboratory conducting B-1 the drug test unless the laboratory establishes a clear separation of functions to prevent any appearance of a conflict of interest including assuring that the MRO has no responsibility for, and is not supervised by or the supervisor of, any persons who have responsibility for the drug testing or quality control operations of the laboratory. 2. The role of the MRO is to review and interpret confirmed positive test results obtained through Weld County testing program. In carrying out this responsibility, the-BIRO shall examine alternate medical explanations for any positive test result. This action could include conducting a medical interview with the individual and review of the individual's medical history, or review of any other relevant biomedical factors. The MRO shall review all medical records made available by the tested individual when a confirmed positive test could have resulted from legally prescribed medication. The MRO shall not, however, consider the results of urine samples that are not obtained or processed in accordance with DOT regulations. 3. The MRO may require the original specimen be reanalyzed to determine the accuracy of the test result. The MRO may verify that the laboratory report and assessment are correct. D. Positive Test Results 1. Prior to making a final decision to verify a positive test result, the MRO shall give the individual an opportunity to discuss the test result with him/her. 2. The MRO shall contact the individual directly, on a confidential basis, to determine whether the employee wishes to discuss the test result. A staff person under the MRO's supervision may make the initial contact, and a medically licensed or certified staff person may gather information from the employee. Except as provided in paragraph 5 of this section, the MRO shall talk directly with the employee before verifying a test as positive. 3. If, after making all reasonable efforts and documenting them, the MRO is unable to reach the individual directly, the MRO shall contact a designated management official who shall direct the individual to contact the MRO as soon as possible. If it becomes necessary to reach the individual through the designated management official, such official shall employ procedures that ensure, to the maximum extent practicable, that the requirement of the employee to contact the MRO is held in confidence. 4. If, after making all reasonable efforts, the designated management official is unable to contact the employee, Weld County may under its authority, place the B-2 employee on temporary medically unqualified status or medical leave. 5. The MRO may verify a test as positive without having communicated directly with the employee in three circumstances: a. The employee expressly declines the opportunity to discuss the test; b. The designated Weld County representative has not successfully made contact with the employee and more than fourteen days have passed from the date the MRO received the confirmed positive and during that time reasonable attempts have been made to contact the employee; or c. The designated Weld County representative has made contact with the donor and the donor never contacts the MRO. 6. If a test is verified positive under the circumstances specified in paragraph 5 of this section, the employee may present to the MRO information documenting that serious illness, injury, or other circumstances unavoidably prevented the employee from timely contacting the MRO. The MRO, on the basis of such information, may reopen the verification allowing the employee to present information concerning a legitimate explanation for the confirmed positive test. If the MRO concludes that there is a legitimate explanation, the MRO declares the test to be negative. 7. Following verification of a positive test result, the MRO shall, as provided in Weld County's Anti-Drug Plan, refer the case to the Drug Program Manager (or designee) for action. E. Verification for Opiates; Review for Prescription Medication. 1. Before the MRO verifies a confirmed positive result for opiates, the MRO shall determine that there is clinical evidence-in addition to the urine test-of unauthorized use of any opium, opiate, or opium derivative (e.g., morphine/codeine). 2. This requirement does not apply if Weld. County's GC/MS confirmation testing for opiates confirms the presence of 6monoacetylmorphine. F. Reconfirmation Analysis Authorization Should any question arise as to the accuracy or validity of a positive test result, only the MRO is authorized to order a reconfirmation of the original sample and such re-tests are authorized only at laboratories certified by DHHS. B-3 2. The MRO shall authorize a reconfirmation of the original sample if requested by the employee within 72 hours of the employee having received actual notice of the positive test. G. Results Consistent with Legal Drug Use 1. If the MRO determines there is a legitimate medical explanation for the positive test result, the MRO shall report the test result to Weld County as negative. H. Retest Provisions 1. The employee may request a retest within 72 hours of notification of the final positive results. The employee may specify that the specimen be retested by the original laboratory or sent to another certified laboratory. The employee may be required to pay in advance for the cost of the shipment and reanalysis of the sample. The employee may be reimbursed for the costs incurred in the reanalysis if the retest of the specimen is negative. If the employee requests a retest at a second SAMHSA laboratory, then the original MRO and laboratory must follow the approved custody and control procedures in transferring a portion of the specimen. 2. According to 40.33 of the FTA regulations, if an analysis of a split specimen fails to reconfirm the presence of the drug(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO shall cancel the test and report cancellation and the reasons for it to the DOT', the employer and the employee. 3. Detection Levels. Because some analytes deteriorate or are lost during freezing andior storage, quantitation for a retest is not subject to a specific cutoff requirement but must provide data sufficient to confirm the presence of the drug or metabolite. 4. The MRO will notify the employer and the employee of the results of the second test. B-4 APPENDIX C SPECIMEN COLLECTION PROCEDURES A. Scope 1. The drug testing custody and control form is to be used as a permanent record on which identifying data on the employee and on the specimen collection and transfer process are retained. The drug-testing plan requires testing for marijuana, cocaine, opiates, amphetamines, and phencyclidine. 2. Urine specimens collected under this plan may be used only to test for controlled substances designated or approved for testing as described in this Appendix C and shall not be used to conduct any other analysis or test. B. Procedures 1. The collection site person shall utilize the drug testing chain-of-custody (COC) form provided by Weld County; this form must address the requirements as contained in § 40.23 of the FTA regulations. The COC form must comply with the provisions as contained in 49 CFR, Part 40 with regard to the information that must be contained on the form. 2. The drug testing custody and control form may include such additional information as may be required for billing or other legitimate purposes necessary to the collection, provided that personal identifying information on the donor (other than the social security number or employee identification number) may not be provided to the laboratory. Donor medical information may appear only on the copy provided to the donor. 3. The Specimen Custody and Control form will be utilized to document and track the specimen from the time the specimen is obtained until specimen results are reported by the MRO. 4. The Specimen Custody and Control form will include the following: a. A preprinted specimen identification number which shall be unique to the particular collection; b. The employee's identification number of social security number shall be entered on the form by the collector; c. Weld County's name, address and identification number; C-1 d. The MRO's name and address; e. An indication of the drug testing that is required for the specimen identified by the form; f. An indication of the reason for testing the specimen; g. Donor information which shall appear only on Copy 4 through Copy 7 of the form that indicates the donor's name (printed), daytime telephone number and date of birth. The donor also shall sign and date each of these forms indicating certification as follows: "I certify that I provided my urine specimen to the collector, that the specimen bottle was sealed with a tamper-proof seal in my presence; and that the information provided on this form and on the label affixed to the specimen bottle is correct." h. A statement to the donor that appears only on copies 4 and 5 of the form as follows: "Should the results of the laboratory tests for the specimen identified by this form be confirmed positive, the MRO will contact you to ask about prescriptions and over-the-counter medications you may have taken. Therefore, you may want to make a list of those medications as a memory jogger. THIS LIST IS NOT NECESSARY. If you choose to make a list, do so either on a separate piece of paper or on the back of your copy of this form (Copy 5 - Donor). DO NOT LIST ON THE BACK OF ANY OTHER COPY OF THE FORM. TAKE YOUR COPY OF THE FORM WITH YOU." An indication by the collector that the temperature of their specimen is within the range of 90-100°F. or if the specimen temperature is not within the acceptable range, the actual specimen temperature. Also, an indication by the collector that the temperature of the specimen was taken/read within four minutes after the specimen was provided; j. An indication of each time the custody of specimen is transferred from one individual, transporter, storage container to another individual, transporter, storage container; k. The collector's name, date of the collection, location of the collection site and any remarks describing unusual circumstances associated with the C-2 collection. The collector shall also sign and date the form indicating certification as follows: "I certify that the specimen identified on this form is the specimen presented to me by the donor providing the certification on Copy 4 of this form, that it bears the same identification number as that set forth above, and that it has been collected, labeled and sealed as in accordance with application federal requirements." 1. On the laboratory's parts of the form the accession number, the laboratory's name, address any remarks specific to the specimen, and the specimen results. The laboratory official certifying specimen results at the completion of testing shall enter his or her printed name, signature and date of the results indicating certification of the specimen as follows; "I certify that the specimen identified by this accession number is the same specimen that bears the identification number set forth above, that the specimen has been examined upon receipt, handled and analyzed in accordance with applicable federal requirements, and that the results set forth below are for that specimen." m. After the MRO reviews the specimen test results which shall only appear on parts 1, 2 and 7 (if applicable) of the form, he or she will enter his or her name and address and then sign the form certifying the following, "I have reviewed the laboratory results for the specimen identified by this form in accordance with applicable Federal requirements. My final determination verification is:" C. Security 1. The purpose of this paragraph is to prevent unauthorized access that could compromise the integrity of the collection process of the specimen. 2. The designated collection site is to be secure. If a collection site facility is ded'cated solely to urine collection, it shall be secure at all times. If a facility cannot be dedicated solely to drug testing, the portion of the facility used for testing shall be secure during drug testing. 3. A facility normally used for other purposes, such as a public rest room or hospital examining room, may be secured by visual inspection to ensure other persons are C-3 not present and undetected access (e.g., through a rear door not in the view of the collection site person) is not possible. Security during collection may be maintained by effective restriction of access to collection materials and specimens. In the case of a public rest room, the facility must be posted against access during the entire collection procedure to avoid embarrassment to the employee or distraction of the collection site person. 4. If it is impractical to maintain continuous physical security of a collection site from the time the specimen is presented until the sealed mailer is transferred for shipment, the following minimum procedures shall apply: a. The specimen shall remain under the direct control of the collection site person from delivery to its being sealed in the mailer. b. The mailer shall be immediately mailed, maintained in secure storage, or remain until mailed under the personal control of the collection site person. D. Chain-of-Custody 1. The chain-of-custody block of the drug testing custody and control form shall be properly executed by authorized collection site personnel upon receipt of specimens. 2. Handling the transportation of urine specimens from one authorized individual or place to another shall always be accomplished through chain-of-custody procedures. Every effort shall be made to minimize the number of persons handling specimens. E. Access to Authorized Personnel Only 1. No unauthorized personnel shall be permitted in any part of the designated collection site when urine specimens are collected or stored. Only the collection site person may handle specimens prior to their securement in the mailing container or monitor or observe a specimen collection (under the conditions specified in this section). 2. To promote security of specimens, avoid distraction of the collection site person, and ensure against any confusion in the identification of specimens, the collection site person shall have only one donor under supervision at anytime. 3. For this purpose, a collection procedure is complete when the urine bottle has been sealed and initialed, the drug testing custody and control form has been C-4 executed, and the employee has departed the site (or, in the case of an employee who was unable to provide a complete specimen, has entered a waiting area). F. Privacy 1. Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided, as further described in this paragraph. 2. For purposes of this procedure, the following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen: a. The employee has presented a urine specimen that falls outside the normal temperature range (32° - 38°C/90° - 100°F), and (1) the employee declines to provide a measurement of oral body temperature, as provided in paragraph G.14. of this section; or (2) oral body temperature varies by more than 1°C/1.8°F from the temperature of the specimen. b. The last urine specimen provided by the employee (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity of less than 1.003 and a creatinine concentration below.2g/L. c. The collection site person observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample (e.g., substitute urine in plain view, blue dye in specimen presented); or d. The employee has previously been determined to have used a controlled substance without medical authorization and the particular test'was being conducted under a DOT regulation providing for follow up testing upon or after return to service. 3. A higher-level supervisor of the collection site person, or a designated employer representative, shall review and concur in advance with any decision by a collection site person to obtain a specimen under the direct observation of a same gender collection site person based upon the circumstances described in paragraph 2 above. G. Integrity and Identity of Specimen. The collection site person shall take precautions to ensure that a urine specimen is not adulterated or diluted during the collection procedure C-5 and that information on the urine bottle and on the urine custody and control form can identify the individual from whom the specimen was collected. The following minimum precautions shall be taken to ensure that unadulterated specimens are obtained and correctly identified: 1. To deter the dilution of specimens at the collection site, toilet bluing agents shall be placed in toilet tanks wherever possible, so that reservoir of water in the toilet bowl always remains blue. Where practicable, there shall be no other source of water (e.g., no shower or sink) in the enclosure where urination occurs. If there is another source of water in the enclosure, it shall be effectively secured or monitored to ensure it is not used as a source for diluting the specimen.. 2. When an individual arrives at the collection site, the collection site person shall ensure that the individual is positively identified as the employee selected for testing (e.g., through presentation of photo identification or identification by the employer's representative). If the individual's identity cannot be established, the collection site person shall not proceed with the collection. If the employee requests, the collection site person shall show proper identification to the employee. 3. If the individual fails to arrive at the assigned time, the collection site person shall contact the appropriate authority to obtain guidance on the action to be taken. 4. The collection site person shall ask the individual to remove any unnecessary outer garments such as a coat or jacket that might conceal items or substances that could be used to tamper with or adulterate the individual's urine specimen. The collection site person shall ensure that all personal belongings such as a purse or briefcase remain with the outer garments. The individual may retain his or her wallet. If the employee requests it, the collection site person shall provide the employee a receipt for any personal belongings. 5. The individual shall be instructed to wash and dry his or her hands prior to urination. 6. After washing hands, the individual shall remain in the presence of the collection site person and shall not have access to any water fountain, faucet, soap dispenser. cleaning agent, or any other materials which could be used to adulterate the specimen. 7. The individual may provide their specimen in the privacy of a stall or otherwise partitioned area that allows for individual privacy. The collection site person shall provide the individual with a clean specimen bottle or collection container, if applicable, that is securely wrapped for this purpose. C-6 8. The collection site person shall note any unusual behavior or appearance on the urine custody and control form. 9. In the exceptional event that an employer-designated collection site is not accessible and there is an immediate requirement for specimen collection (e.g., circumstances require a post-accident test), a public rest room may be used according to the following procedures: A collection site person of the same gender as the individual shall accompany the individual into the public rest room which shall be made secure during the collection procedure. If possible, a toilet bluing agent shall be placed in the bowl and any accessible toilet tank. The collection site person shall remain in the rest room, but outside the stall, until the specimen is collected. If no bluing agent is available to deter specimen dilution, the collection site person shall instruct the individual not to flush the toilet until the specimen is delivered to the collection site person. After the collection site person has possession of the specimen, the individual will be instructed to flush the toilet and to participate with the collection site person in completing the chain-of-custody procedures. 10. Collection Methodology a. Split sample methodology is always used. Upon receiving the specimen from the individual, the collection site person shall determine if it has at least 45 ml of urine. If the individual is unable to provide such a quantity of urine, the collection site person shall instruct the individual to drink not more than 40 ounces of fluids and, after a period of up to three hours, again attempt to provide a complete sample using a fresh collection container. The original insufficient specimen shall be discarded. If the employee is still unable to provide an adequate specimen, the insufficient specimen shall be discarded, testing discontinued, and the employer is notified. Weld County shall refer the individual for a medical evaluation to develop pertinent information concerning whether the individual's inability to provide a specimen is genuine or constitutes a refusal to test. Upon completion of the examination, the physician will report in writing to the MRO and the MRO shall report his/her conclusions to the employer in writing. b. In pre-employment testing, if Weld County does not wish to hire the individual, the MRO is not required to make such a referral. Upon completion of the examination, the MRO shall report his her conclusion to Weld County in writing. 1 I. Employers using the split sample method of collection shall follow the procedures C-7 set forth below: a. The donor shall urinate into a collection container or specimen bottle capable of holding at least 60 ml. b. If a collection container is used, the collection site person, in the presence of the donor,pours the urine into two specimen bottles. Thirty (30) ml shall be poured into one bottle, to be used as the primary specimen. At least 15 ml shall be poured into the other bottle, to be used as the split specimen. c. If a single specimen bottle is included as a collection container, the collection site person shall pour 30 ml of urine from the specimen bottle into a second specimen bottle (to be used as the primary specimen) and retain the remainder (at least 15 ml) in the collection bottle(to be used as the split specimen). d. Both bottles shall be shipped in a single shipping container, together with copies 1, 2, and the split specimen copy of the chain-of-custody form, to the laboratory. e. If the test result of the primary specimen is positive, the employee may request that the MRO direct that the split specimen be tested in a different DHHS-certified laboratory for presence of the drug(s) for which a positive result was obtained in the test of the primary specimen. The MRO shall honor such a request if it is made within 72 hours of the employee having been notified of a verified positive test result. f. When the MRO informs the laboratory in writing that the employee has requested a test of the split specimen, the laboratory shall forward, to a different DHHS-approved laboratory, the split specimen bottle, with sea] intact, a copy of the MRO request, and the split specimen copy of the chain-of-custody form with appropriate chain-of-custody entries. g. The result of the test of the split specimen is transmitted by the second laboratory to the MRO. h. Action required by DOT agency regulations as the result of a positive drug test (e.g., removal from performing a safety-sensitive function) is not stayed pending the result of the test of the split specimen. i. If the result of the test of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, the C-8 MRO shall cancel the test, and report the cancellation and the reasons for it to the DOT, the employer, and the employee. 12. After the specimen has been provided and submitted to the collection site person, the individual shall be allowed to wash his or her hands. 13. Immediately after the specimen is collected, the collection site person shall measure the temperature of the specimen. The temperature measuring device used must accurately reflect the temperature of the specimen and not contaminate the specimen. The time from urination to temperature measure is critical and in no case shall exceed 4 minutes. 14. A specimen temperature outside the range of 32°C - 38°C/90°F - 100°F, constitutes a reason to believe that the individual has altered or substituted the specimen(See Section F.2.a.). In such cases, the individual supplying the specimen may volunteer to have their temperature taken to provide evidence to counter the reason to believe the individual may have altered or substituted the specimen. 15. Immediately after the specimen is collected, the collection site person shall also inspect the specimen to determine its color and look for any signs of contaminants. Any unusual findings shall be noted on the urine custody and control form. 16 All specimens suspected of being adulterated shall be forwarded to the laboratory for testing. 17. Whenever there is reason to believe that a particular individual has altered or substituted the specimen as described in Section F.2.a. and c., a second specimen shall be obtained as soon as possible under the direct observation of a same gender collection site person. 18. Both the individual being tested and the collection site person shall keep the specimen in view at all times prior to its being sealed and labeled. As provided below, the specimen shall be sealed by placement of a tamper proof seal over the bottle cap and down the sides of the bottle and labeled in the presence of the employee. If the specimen is transferred to a second bottle, the collection site person shall request the individual to observe the transfer of the specimen and the placement of the tamper proof seal over the bottle cap and down the sides of the bottle. 19. The collection site person and the employee shall be present at the same time during procedures outlined in items 21 through 24 of this section. C-9 20. The collection site person shall place securely on the bottle an identification label that contains the date, the individual's specimen number, and any other identifying information provided or required by the employer. If separate from the label, the tamper-proof seal shall also be applied. 21. The individual shall initial the identification label on the specimen bottle for the purpose of certifying that it is the specimen collection from the donor. 22. The collection site person shall enter on the drug testing custody and control form all information identifying the specimen. The collection site person shall sign the drug testing custody and control form certifying that the collection was accomplished according to the applicable Federal requirements. 23. The individual shall be asked to read and sign a statement on the drug testing custody and control form that the specimen collected from him/her is in fact that specimen he/she provided, 24. The collection site person shall complete the chain-of-custody portion of the drug testing custody and control form to indicate receipt of the specimen from the employee and shall certify proper completion of the collection. 25. The urine specimen and chain-of-custody form are now ready for shipment. If the specimen is not immediately prepared for shipment, the collection site person shall ensure that it is appropriately safeguarded during temporary storage. 26. Control of Specimen a. While any part of the above chain-of-custody procedures is being performed, it is essential that the urine specimen and custody documents be under the control of the involved collection site person. b. If the involved collection site person leaves the work station momentarily, the collection site person shall take the specimen and drug testing custody and control form with him/her or shall secure them. After the collection site person returns to the work station, the custody process will continue. If the collection site person is leaving for an extended period of time, he/she shall package the specimen for mailing before leaving the site. c. The collection site person shall not leave the collection site in the interval between presentation of the specimen by the employee and securement of the sample with an identifying label bearing the employee's specimen identification number and seal initialed by the employee. If it becomes C-10 necessary for the collection site person to leave the site during this interval, the collection shall be nullified and at the election of Weld County a new collection may be begun. H. Collection Control. To the maximum extent possible, collection site personnel shall keep the individual's specimen bottle within sight both before and after the individual has urinated. After the specimen is collected, it shall be properly sealed and labeled. Transportation to Laboratory. Collection site personnel shall arrange to ship the collected specimens to the drug testing laboratory. The specimens shall be placed in shipping containers designed to minimize the possibility of damage during shipment(e.g., specimen boxes and/or padded mailers); and those containers shall be securely sealed to eliminate the possibility of undetected tampering. On the tape sealing the container, the collection site person shall sign and enter the date specimens were sealed in the containers for shipment. The collection site person shall ensure that the chain-of-custody documentation is attached to each container sealed for shipment to the drug testing laboratory. J. Failure to Cooperate. If the employee refuses to cooperate with the collection process, the collection site person shall inform the designated company representative and shall document the non-cooperation on the drug testing custody and control form. K. Employee Requiring Medical Attention. If the sample is being collected from an employee in need of medical attention as part of a post-accident test given in an emergency medical facility, necessary medical attention shall not be delayed in order to collect the specimen. L. Use of Chain-of-Custody Forms. A chain-of-custody form shall be used for maintaining control and accountability of each specimen from the point of collection to final disposition of the specimen. The date and purpose shall be documented on the form each time a specimen is handled or transferred and every individual in the chain shall be identified. Every effort shall be made to minimize the number of persons handling specimens. M. Shy Bladder. 1. Employees with shy bladders and who are required to provide a specimen for a pre-employment test, random test, etc. will be allowed to remain at the collection site for three hours and consume up to 40 ounces of fluids until the specimen has be provided. C-11 2. Employees who cannot provide a complete specimen within the 3 hour period, shall be referred by the MRO for medical evaluation to develop pertinent information concerning whether the employee's inability is genuine or constitutes a refusal to provide a specimen. Upon completion of the examination, the MRO shall report his or her conclusions to the employer in writing. C-12 APPENDIX D LABORATORY PROCEDURES A. Testing 1. Initial Test- The initial test shall use an immunoassay that meets the requirement of the Food and Drug Administration for commercial distribution. 2. Confirmatory Test - All specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques at the cutoff values listed in this paragraph for each drug. All confirmations shall be by quantitative analysis. Concentrations which exceed the linear region of the standard curve shall be documented in the laboratory record as "greater than highest standard curve value." B. Reporting Results 1. The laboratory shall report test results to Weld County's MRO within an average of 5 working days after receipt of the specimen by the ]laboratory. Before any test result is reported (the results of initial tests, confirmatory tests, or quality control data), it shall be reviewed and the test certified as an accurate report by the responsible individual. The report shall identify the drugs/metabolites tested for, whether positive or negative, the specimen number assigned by the employer, and the drug testing laboratory specimen. 2. The laboratory shall report as negative all specimens that are negative on the initial test or negative on the confirmatory test. Only specimens confirmed positive shall be reported positive for a specific drug. 3. The MRO may request from the laboratory and the laboratory shall provide quantitation of test results. The MRO shall report whether the test is positive or negative and may report the drug(s) for which there was a positive test, but shall not disclose the quantitation of test results to Weld County. The MRO may reveal the quantitation of a positive test result to Weld County, the employee, or the decision-maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the employee and arising from a verified positive drug test. 4. The laboratory may transmit results to the MRO by various electronic means (e.g., teleprinter, facsimile, or computer) in a manner designed to ensure confidentiality of the information. Results may not be provided D-1 verbally by telephone. The laboratory and employer must ensure the security of the data transmission and limit access to any data transmission, storage, and retrieval system. 5. The laboratory shall send only to the MRO the original or a certified true copy of the drug testing custody and control form (copy 1), which, in the case of a report positive for drug use, shall be signed (after the required certification block) by the individual responsible for day-to-day management of the drug testing laboratory or the individual responsible for attesting to the validity of the test reports, and attached to which shall be a copy of the test report. 6. The laboratory shall provide to Weld County official responsible for coordination of the drug testing program a quarterly statistical summary of urinalysis testing of Weld County's employees and shall not include in the summary any personal identifying information. Confirmation data shall be included from test results reported within that quarter. Normally this summary shall be forwarded not more than 14 calendar days after the end of the month covered by the summary. The summary shall contain the following information: a. Number of specimens received for confirmation; b. Number of specimens confirmed positive for: Marijuana metabolite Cocaine metabolite Morphine, codeine Phencyclidine Amphetamine Methamphetamine c. Number of specimens for which a test was not performed. 7. Quarterly reports shall not include data from which it is reasonably likely that information about individuals' tests can be readily inferred. If necessary, in order to prevent the disclosure of such data, the laboratory shall not send a report until data are sufficiently aggregated to make such an inference unlikely. In any quarter in which a report is withheld for this reason, the laboratory will so inform the employer in writing. 8. The laboratory shall make available copies of all analytical results for Weld County drug testing programs when requested by DOT with D-2 regulatory authority over Weld County. 9. Unless otherwise instructed by Weld County in writing, all records pertaining to a given urine specimen shall be retained by the drug testing laboratory for a minimum of 2 years. C. Long-term Storage. Long-term frozen storage (-200C or less) ensures that positive urine specimens will be available for any necessary retest during administrative or disciplinary proceedings. Drug testing laboratories shall retain and place in properly secured long-term frozen storage for a minimum of I year all specimens confirmed positive, in their original labeled specimen bottles. Within this 1 -year period, an employer (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 no such request is received the laboratory may discard the specimen after the end of I year, except that the laboratory shall be required to maintain any specimens known to be under legal challenge for an indefinite period. D. Retesting Specimens. Because some analytes deteriorate or are lost during freezing and/or storage, quantitation for a retest is not subject to a specific cutoff requirement but must provide data sufficient to confirm the presence o f the drug or metabolite. E. Subcontracting. Drug testing laboratories shall not subcontract and shall perform all work with their own personnel and equipment. The laboratory must be capable of performing forming testing for the five classes of drugs (marijuana, cocaine, opiates, phencyclidine, and amphetamines) using the initial immunoassay and confirmatory GUMS methods specified in this appendix. This paragraph does not prohibit subcontracting of laboratory analysis if specimens are sent directly from the collection site to the subcontractor, the subcontractor is a laboratory certified by DHHS as required in this appendix, the subcontractor performs all analysis and provides storage required under this appendix, and the subcontractor is responsible to Weld County for compliance with this appendix and applicable DOT regulations as if it were the prime contractor. F. Inspections. DOT, any company utilizing the laboratory, DHHS, or any organization performing laboratory certification on behalf of DHHS reserves the right to inspect the laboratory at any time. Weld County contracts with laboratories for drug testing, as well as contracts for collection site services, shall permit Weld County and the DOT of jurisdicton (directly or through an agency) to conduct unannounced inspections. G. Documentation. The drug testing laboratories shall maintain and make available for at least 2 years documentation of all aspects of the testing process. This 2-year D-3 period may be extended upon written notification by DOT or by any company for which laboratory services are being provided. The required documentation shall include personnel files on all individuals authorized to have access to specimens; chain-of- custody documents; quality assurance/quality control records; procedure manuals; all test data(including calibration curves and any calculations used in determining test results); reports; records on performance testing; performance on certification inspections; and hard copies of computer-generated data. The laboratory shall maintain documents for any specimen known to be under legal challenge for an indefinite period. H. Prol.ection of Employee Records. 1. Employer contracts with laboratories shall require that the laboratory maintain employee test records in confidence, as provided in DOT regulations. 2. The contracts shall provide that the laboratory shall disclose information related to a positive drug test of an individual to the individual, the employer, or the decision-maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual and arising from a certified positive drug test. D-4 APPENDIX E EVIDENTIAL BREATH TESTING AND NON-EVIDENTIAL COLLECTION PROCEDURES A. Scope 1. The evidential and non-evidenbal testing procedures set forth in this appendix address all the requirements as set forth in 49 CFR, Part 40 of the FTA regulations and specifies the required form and disposition of such testing forms. 2. A certified Screening Test Technician (STT) may perform initial alcohol screening test on an approved alcohol screening device. A STT cannot perform con:6rmation tests. Confirmations on an EBT can only be performed by a certified BAT. B. Alcohol Testing Form 1. The BAT shall utilize the Breath Alcohol Testing form provided by company. The alcohol testing form must comply with the provisions as contained in 49 CFR, Part 40 with regard to the information that must be contained on the form. The form must address the specific requirements contained in § 40.59 of the GTA regulations. Weld County may not modify or revise the form. 2. Weld County may utilize a DOT Breath Alcohol Testing form or a form that is directly generated by an EBT and may omit the space for affixing a separate printed result to the testing form. The form shall provide triplicate or three consecutive identical copies with copy 1 (white copy) being retained by Weld County, copy 2 (green copy) shall be provided to the employee, and copy 3 (blue copy) shall be retained by the BAT. 3. The breath alcohol testing form may include such additional information as may be required for billing or other legitimate purposes necessary to the testing, provided that personal identifying information on the individual (other than the social security number or employee identification number) may not be provided. C. Breath Testing Locations. 1. Weld County shall ensure that there are sufficient breath testing sites or the availability of a BAT located within a reasonable proximity to each of Weld County's work locations. 2. Weld County shall conduct the testing in a location that affords visual and aural privacy to the employee being tested. All necessary equipment, personnel, and E-1 materials for conducting the alcohol testing shall be provided at the testing site. 3. A mobile collection facility, such a van that is equipped for alcohol testing shall meet the requirements set forth in regulations. 4. No unauthorized persons shall be permitted access to the testing site when the EBT remains unsecured, or to prevent such individuals from seeing or hearing a test result. 5. In some circumstances Weld County may have to conduct such alcohol testing outdoors at the scene of an accident that does not meet the requirements as specified in post-accident provisions of the regulations. In these situations the BAT shall provide the necessary visual and aural privacy to the employee to the greatest extent practicable. 6. The BAT shall supervise only one employee's use of the EBT at a time. The BAT shall not leave the alcohol testing site while the testing process is in progress. D. Breath Alcohol Testing Preparations. 1. When an employee arrives at the alcohol testing site, the BAT shall ensure that the individual is positively identified as the employee selected for alcohol testing (e.g., through presentation of photo identification or identification by Weld County's representative). If the employee's identity cannot be established, the BAT shall not proceed with the alcohol test. If the employee requests, the BAT shall show proper identification to the employee. 2. The BAT shall explain the alcohol testing process to the employee. 3. If the employee fails to arrive at the assigned time, the BAT should contact the appropriate authority to obtain guidance on any action to be taken. E. Screening Test Procedures for Evidential Breath Testing and Non-EBTs I. The BAT shall begin the alcohol testing process by completing Step I on the Alcohol Breath Testing form. The employee shall then complete Step 2 by signing the certification. Refusal by the employee to sign the certification shall be regarded as a refusal to take the alcohol test. 2. The BAT shall select an individually-sealed mouthpiece and it shall be opened in full view of the employee and attach it to the EBT in accordance with the manufacturer's instructions. E-2 3. The BAT shall instruct the employee to blow forcefully into the mouthpiece for at least 6 seconds or until the EBT instrument indicates that an adequate amount of breath has been obtained. 4. If the EBT does not meet the requirements listed under Section Vill of the AMPP, the BAT shall show the employee the result displayed on the EBT. The BAT shall record the displayed result, test number, testing device, serial number of the testing device, time and quantified result in Step 3 of the form. 5. If the EBT provides a printed result but does not print the results directly onto the form, the BAT shall show the employee the result displayed on the EBT. The BAT shall then affix the test result printout to the breath alcohol test form in the designated space. The result shall be secured in such a manner that will provide clear evidence of removal, such as the use of tamper-evident tape. 6. If the EBT prints the test result directly onto the alcohol form, then the BAT shall show the employee the result displayed on the EBT. 7. If the result of the screening alcohol test is a breath alcohol concentration of less than 0.02, the BAT shall date the form and sign the certification in Step 3 of the form. The employee shall then sign the certification and fill in the date in Step 4 of the form. If the employee does not sign the certification in Step 4, it shall not be considered a refusal to be tested. In this event, the BAT shall note the employee's failure to sign in the "Remarks" section of the form. 8. If a test result printed by the EBT does not match the displayed result, the BAT shall note the disparity in the "Remarks" section. Both the BAT and the employee shall initial or sign the notation. The alcohol test is invalid and Weld County representative and the employee shall be so advised. 9. At this point, no further testing is authorized. The BAT shall transmit the result of less than 0.02 to the APM or other appropriate company representative in a confidential manner. Weld County shall receive and store the information so as to ensure that confidentiality is maintained as required in the AMPP. 10. If the result of the screening test is an alcohol concentration of 0.02 or greater, then the BAT shall perform a confirmation test. If the confirmation test will be conducted by a different BAT, then the BAT who conducts the screening test shall complete and sign the form and log entry. The BAT will upon completion of the alcohol test provide the employee with Copy 2 of the breath alcohol testing form. E-3 F. Screening Test Procedures for Non-Evidential Saliva Devices 1. STT will inform the employee of the procedures for the non-evidential testing. The STT shall begin the alcohol testing process by completing Step 1 on the Alcohol Breath Testing form. The employee shall then complete Step 2 by signing the certification. Refusal by the employee to sign the certification shall be regarded as a refusal to take the alcohol test. 2. The STT shall check the expiration date of the salvia testing device, show the date to the employee. In the event, the date has passed the device is not be used and a new device should be obtained for use. 3. The STT shall open an individually sealed package containing the device in the presence of the employee. 4. The STT shall offer the employee the opportunity to use the swab. If the employee chooses to use the swab, the STT shall instruct the employee to insert the absorbent end of the swab into the employee's mouth, moving it actively throughout the mouth for a sufficient time to ensure that it is completely saturated as provided in the manufacturer's instruction for the device. 5. If the employee chooses not to use the swab, or in all cases in which a new test is necessary because the device did not activate, the STT shall insert the absorbent end of the swab into the employee's mouth, moving it actively throughout the mouth for a sufficient time to ensure that it is completely saturated, as provided in the manufacturer's instruction for the device the STT shall wear a surgical grade glove while conducting the test. 6. The STT shall place the device on a flat surface or otherwise in a position in which the swab can be firmly placed into the opening provided in the device for this purpose. The STT shall insert the swab into this opening and maintain firm pressure on the device until the device indicates that it is activated. 7. If the procedures of steps 3 through 5 are not followed successfully (e.g., the swab breaks, the STT drops the swab on the floor or another surface, the swab is removed or falls from the device before the device activated), the STT shall discard the device and swab and conduct a new test using a new device. The new device shall be one that has been under the control of the employer or STT prior to the test. The STT shall note in the remarks section of the form the reason for the new test. In this case, the STT shall offer the employee the choice of using the swab himself or herself or having the STT use the swab. If steps 3 through 5 are not successfully followed on the new test, the collection shall be terminated and an explanation provided in the remarks section of the form. A new test shall then E-4 be conducted, using an EBT for both the screening and confirmation tests. 8. If steps 3 through 5 are completed successfully, but the device is not activated, the STT shall discard the device and swab and conduct a new test, in the same manner as stated above. In this case, the STT shall place the swab into the employee's mouth to collect saliva for the new test. 9. The STT shall read the result displayed on the device two minutes after insenting the swab into the device. The STT shall show the device and its reading to the employee and enter the result on the form. 10. Devices, swabs gloves and other materials used in saliva testing shall not be reused, and shall be disposed of in a sanitary manner following their use. 11. In any case in which the result of the screening test is an alcohol concentration of less than 0.02 the STT shall date the form and sign the certification and fill in the date in Step 4 of the form. 12. If the employee does not sign the certification in Step 4 of the form it shall not be considered a refusal to be tested. 13. If the result of the screening test is an alcohol concentration of 0.02 or greater, a confirmation test shall be performed. 14. If the STT that performed the screening test is a different individual from that who will serve as the BAT during the confirmation test, then the STT will provide the employee with Copy 2 of the form and the BAT will follow the procedures for a confirmation test. 15. If the confirmation test will be conducted at a different site from the screening test the employer or its agent shall ensure that: a. The employee is advised not to eat, drink, put any object or substance in his/her mouth and to the extent possible not to belch during the waiting period before the confirmation test. This time period begins with the completion of the screening test. b. The employee is advised that he or she must not drive, perform a safety- sensitive duty or operate heavy equipment, as noted in block 4 of the alcohol testing form. c. The employee is under observation of a BAT, STT, or other employer personnel while in transit from the screening test site to confirmation test E-5 site. 16. The STT shall enter, in the "Remarks" section of the form, a notation that the screening test was performed using a saliva device, indicating which product has been used. 17. Following the completion of the screening test, the BAT shall date the form and sign the certification in Step 3 of the form. G. Confirmation Test Procedures 1. When a BAT other than the one who conducted the screening test is required to conduct the confirmation test, the new BAT will require the employee to provide positive identification such as photo ID card or identification by a company representative. The BAT will, upon request of the employee being tested, provide such identification. 2. The BAT shall instruct the employee not to eat, drink, put any object or substance in his/she mouth and, to the extent possible, not belch during the waiting period just prior to the confirmation test being conducted. This waiting period shall begin with the completion of the screening test and shall not be less than 15 minutes, but must be within 30 minutes of the completion of the screening test. The time the employee spends in transit between the screening test and confirmation test, the employee is under direct observation, counts toward the mandatory 15 minute deprivation period. If the BAT conducts the confirmation test more than 30 minutes after the result of the screening test has been obtained the BAT shall note in the "Remarks" section of the form the time that elapsed between the screening and the confirmation test and the reason why the confirmation test could not be conducted within 30 minutes of the screening test. The BAT shall explain to the employee that the reason for this is to prevent any accumulation of mouth alcohol leading to an artificially high reading and that it is for the benefit of the employee to comply with these instructions. The BAT shall also explain that the test will be conducted at the end of the required waiting period, even if the employee has disregarded the instructions. Should the BAT become aware that the employee has not complied with the instructions as provided, the BAT shall note the observations in the "Remarks" section of the form. 3. When a BAT other than the one who conducted the screening test is required to conduct the confirmation test, the new BAT shall initiate a new Breath Alcohol Testing form. The BAT shall then complete step I on the form and the employee shall then complete Step 2 by signing the certification. If the employee should choose not to sign the certification, the BAT shall then make an appropriate notation in the "Remarks" section indicating the employee's refusal to take the E-6 alcohol employee to obtain, as soon as practical after the attempt, an evaluation from a licensed physician who is acceptable to Weld County concerning the employee's medical ability to provide an adequate amount of breath. 4. If tie physician determines, in his/her reasonable medical judgment, that a medical condition has or could have precluded the employee from providing an adequate amount of breath, the employee's failure to provide an adequate amount of breath shall not be deemed as a refusal to take an alcohol test. The physician shall provide to Weld County a written statement of the basis of his/her conclusion. 5. If the physician, in his/her reasonable medical judgment, is unable to make the determination that a medical condition has precluded the employee from providing an adequate amount of breath, the employee's failure to provide an adequate amount of breath shall be regarded as a refusal to take a test. 'The physician shall provide a written statement of the basis for his/her conclusion to Weld County. J. Inadequate Amount of Saliva for Non-Evidential Testing Devices 1. If an employee is unable to provide sufficient saliva to complete a test on a saliva screening device(e.g. the employee does not provide sufficient saliva to activate the device) the STT shall conduct a new test using a new device as described in Section F "Screening Test Procedures for Non-Evidential Saliva Devices.' a. If the employee refuses to complete the new test, the STT shall terminate testing and immediately inform the employer. This constitutes as a refusal to test. 2. If a new test is completed, but there is an insufficient amount of saliva to activate the device the STT shall immediately inform the employer, which shall then immediately initiate an alcohol test to be administered to the employee using an EBT. K. Invalid Tests 1. A breath alcohol test shall be invalid under the following circumstances: a. The EBT does not pass its next external calibration check. This invalidates all test results of 0,02 or greater on tests conducted since the last valid external calibration test. This would not invalidate any negative tests conducted. E-7 b. The BAT does not observe the minimum 15-minute waiting period prior to conducting the confirmation test. c. The BAT does not perform an air blank of the EBT before a confirmation test, or an air blank does not result in a reading of 0.00 prior to the administration of an alcohol test. d. The BAT does not sign the breath alcohol testing form. e. The BAT fails to note in the remarks section of the form that the employee has failed or refused to sign the form following the recording or printing on or attachment to the form of the test results. f. An EBT fails to print a confirmation test result. g. The sequential test number or alcohol concentration displayed on the EBT is not the same as the sequential test number or alcohol concentration on the printed result. 2. An alcohol test using a non-evidential saliva screening device shall be invalid under the following circumstances: a. The result is read before two minutes or after 15 minutes from the time the swab is inserted into the device. b. The device does not activate. c. The device is used for a test after the expiration date printed on its package. d. The STT fails to note in the remarks section of the form that the screening test was conducted using a saliva device. 3. An alcohol test using a non-evidential alcohol testing device shall be invalid under the following circumstances:. a. The STT has failed to note in the remarks section of the form that the employee has failed or refused to sign the form following the recording on the form of the test result. E-8 APPENDIX F EFFECTS OF ALCOHOL FACT SHEET Alcohol is a socially acceptable drug that has been consumed throughout the world for centuries. It is considered a recreational beverage when consumed in moderation for enjoyment and relaxation during social gatherings. However, when consumed primarily for its physical and mood-altering effects, it is a substance of abuse. The following is a discussion of: (1) the effects of alcohol misuse on an individuals health, work and personal life; (2) the signs and symptoms of an alcohol problem'; and (3) the available methods of intervening when an alcohol problem is suspected. Effects on Health: Alcohol Is a central nervous system depressant. As such, it slows down physical responses and progressively impairs mental function. Alcohol also depresses the brain centers for self control and inhibition- leading to loud and aggressive behavior, which makes alcohol appear to act like a stimulant. Alcohol use can cause unconsciousness, coma, respiratory failure and death. It can have long degenerative effects on many body organs, including the liver, stomach, intestines, heart and brain. The chronic consumption of alcohol (average of three servings per day of beer [12 ounces], whiskey [one ounce], or-wine [six ounces) over time can result in the following health hazards: (1) Decreased sexual functioning; (2) Dependency (up to :1O% of all people who drink alcohol become physically and/or mentally dependent on alcohol and can be termed "alcoholic"); (3) Fatal liver diseases; (4) Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast and malignant melanoma(skin cancer) (5) Kidney Disease (6) Pancreatitis (7) Spontaneous abortion and neonatal mortality; (8) Ulcers, and (9) Birth defects (up to 54% of all birth defects are alcohol related). Sources of Information: Employee Assistance Corporation staff and the Implementation Guidelines for Drug and Alcohol Regulations in Mass Transit. Effect on Work: Alcohol dulls sensation and impairs vision, memory, coordination and judgment. This can lead to risky behavior, i.e. dangerous driving. Impairment in coordination and judgment can be objectively measured with as little as two drinks in the body. It takes on hour for the average person [150 pounds] to process one serving of an alcoholic beverage from the body. A person who ]s legally intoxicated is six (6)times more likely to have an accident than a sober person. The estimated cost of alcohol abuse Is about$117 billion annually. This figure includes medical bills, time lost from work, decreased job efficiency and property damage. Effects on Personal Life: The impact of alcohol abuse goes beyond the problem drinker. Each alcoholic affects the lives of four to a seven people. Alcohol abuse is a leading cause of child abuse and neglect. it also figures prominently in spousal abuse. Alcohol during pregnancy can cause birth defects, including Fetal Alcohol Syndrome. Each year in the U.S., over 100,000 deaths are related to alcohol. This figure includes deaths from vehicular accidents, drownings, suicides and numerous physical ailments. This makes alcohol the third leading cause of death in America. The annual toll is broken down as follows. 24,000 people will die on the highway due to the legally impaired driver 12,000 more will die on the highway due to the alcohol-affected driver 15,800 will die in non-highway accidents; 30,000 will die due to alcohol-caused liver disease 10,000 will die due to alcohol-induced brain disease or suicide; and Up to another 125,00 will die due to alcohol-related conditions or accidents. The following are additional social issues related to alcohol. Two-thirds of all homicides are committed by people who drink prior to the crime Two to three percent of the driving population is legally drunk at any one time. This is doubled at night and on weekends. Two-thirds of all Americans will be involved in an alcohol-related vehicle accident during their lifetime. The rate of separation and divorce in families with alcohol dependency problems is seven times the average. 40% of family court cases are alcohol problem related. Signs and Symptoms of an Alcohol Problem' : Alcohol causes both psychological and physical dependence. When a drinker uses alcohol as an escape from problems and stress and comes to depend on the drug for relief, psychological dependency is present. When repeated drinking produces tolerance (which is a need to consume more of the drug to obtain the same effect), and the drinkers body needs alcohol to function, physical dependence has developed. Once dependent, many drinkers experience withdrawal symptoms when they stop drinking. Alcoholism is a disease characterized by, among other things, the drinker's loss of control over his or her drinking, and continued drinking despite major negative consequences. In general, people are said to have a problem with alcohol, or be alcoholic, if they cannot control their drinking, if they are dependent on the drug and if their drinking has a negative impact on their physical or mental health, their families, friends and jobs. How a persons Using Alcohol Appears/Behaves: Poor muscle coordination Dulled mental process Slowed reaction rate Staggering Slurred speech Red eyes Possible constricted pupils Poor Hygiene Lack of social control Sleepy or stuporous condition Loss of inhibitions Lack of concentration Confusion Aggressive or violent behavior Odor of alcohol on breath Signs of alcohol misuse on-the-job include: 2 All of these symptoms may indicate problems of alcohol abuse, but may also be symptomatic of other types of personal problems. Supervisors and managers should not attempt to diagnose an alcohol abuse problem, but should confine themselves to observable job performance behaviors. Absenteeism On-the-job absenteeism Tardiness Missed deadlines Increased nervousness Greater irritability Procrastination, delays Red or blurry eyes Erratic productivity Hand tremors Flushed face Lower quality of work Repeated minor injuries Poor concentration Undependable Aggressiveness Personal problems Physical deterioration Overreaction to criticism Avoids boss or associates Financial problems Policy/Alcohol.Im APPENDIX G SERVICE PROVIDERS The following entities provide services pursuant to this Policy: Substance Abuse Professional: (referred by Weld County) ChoiceHealth 12000 Pecos, Suite 350 Westminster, CO 80234 1-800-466-1120 Laboratory: LabOne, Incorporated 10101 Renner 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 Hello