ANTI-DRUG POLICY
PART 1 Applies to all employees of Work Zone Traffic Control, Inc. that come under DOT, 49 CFR, Part 382- Controlled Substances and Alcohol Use and Testing.
PART 2 Applies to all employees and potential employees of Work Zone Traffic Control, Inc. that do not come under Parts 1 & 2. (All other company employees)
Table of Contents
Part 1
I. Employee Categories
II. Types of Drug Testing
III. Testing Procedures
IV. The MRO and its Responsibilities
V. Testing Laboratory
VI. Collection Facilities
VII. Collection Procedures
VIII. Employee Assistance Program (EAP)
IX. Record Keeping
X. Confidentiality
XI. Drug/Alcohol Awareness Training/ Education
XII. Disciplinary Action
Part 2
I. Employee Categories
II. Types of Drug Testing
III. Medical Review Office (MRO)
IV. Testing Laboratory
V. Collection Agency
VI. Employee Assistance Program (EAP)
VII. Record Keeping
VIII. Confidentiality
IX. Disciplinary Action
PART I
Effective April 20, 1990
POLICY STATEMENT
The purpose of this policy is to establish procedures for administration of the Department of Transportation (DOT) anti-drug program pursuant to the Code of Federal Regulations, Title 49 (49 CFR). Part 391, Subpart H, Controlled Substance Testing, requires motor carriers to have an anti-drug program for persons involved in interstate commerce as identified in Part 391.85.
Any job applicant applying for a position covered in this policy that refuses or fails a pre-employment drug test will not be hired. Any employee covered by this policy that refuses or fails a drug test will immediately be removed from the positions described in Part 391. Any employee covered by this policy that refuses or fails a drug test may receive disciplinary action, up to and including termination.
PROCEDURE
I. Employee Categories
A. Testing Program- The following employee positions are subject to drug testing as outlined in this policy: All drivers that operate vehicles that have GVW (Gross Vehicle Weight) of 26,001 pounds or more or transport more than 15 passengers, including the driver, or transport hazardous materials in a quantity requiring placarding under regulations issued by the Secretary under the Hazardous Materials Transportation Act (49 U.S.C. App. 1801-18130). The following employee positions are subject to drug testing as outlined in this policy:
· Job Site Supervisors
· Welders
· TCS
· Operators
· Flaggers
These employees are involved in the installation, welding, traffic control plans and signs. Welders are responsible for stands and maintenance of equipment.
B. Employee Assistance Program (EAP) Training- The same procedures identified in Part 1 apply to Part 2.
II. Types of Drug Testing
Employees subject to this drug-testing program are required to be tested under the following five types of tests:
A. Pre-employment Testing
B. Random Testing
C. Post-accident Testing
D. Reasonable Cause Testing
E. Return to Duty Testing
A. Pre-employment Testing- If the medical review officer designated by the company determines there is no legitimate medical reason for a confirmed positive test result other than the illegal use of a prohibited drug, the original sample will be re-tested at the expense of the applicant if the applicant submits a written request for re-testing. The applicant has 60 days from submission of the final test result from the MRO to make that request. The employee/applicant may specify re-testing by the original laboratory or by a second laboratory that is verified.
1. Work Zone will permit a retest, per item #1.
2. Work Zone will not pay for a retest costs and applicant/employee must pay for test in advance.
3. Work Zone will reimburse applicant/employee if the retest is negative.
4. If re-testing is requested, the designated laboratory will follow the approved custody transfer procedures.
B. Random Testing- All employees working in a position covered by this policy are subject to unannounced testing based on random selection. This includes temporary employees performing work in a covered position. (Requirements 391.109)
C. Post-accident Testing- Post-accident testing is required when there is a fatality or when there is bodily injury to a person who, as a result of the injury immediately receives medical treatment away from the scene of the accident, or when one or more motor vehicles incurred disabling damage as a result of the accident requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
1. Employees working in positions covered by this policy whose performance either contributed to an accident or cannt be completely discounted, as a contributing factor to the accident will be tested.
2. The employee will be tested as soon as possible, but no later than 32 hours after the accident. Because certain drugs or drug metabolites do not remain in the body for extended periods of time, testing should be as soon as possible.
3. An “accident” on a gas pipeline of LNG facility is defined as an “incident” in 49CFR, Section 191.3.
4. An “accident” on a hazardous liquid pipeline is defined as an “accident” in 49CFR,Section 195.50.
5. All reasonable steps will be taken to obtain a urine sample from an employee after an accident. In case of a conscious but hospitalized employee, the attending doctor will be requested to obtain a sample and if necessary, reference will be made to the DOT drug-testing requirement. In all cases, the employee shall receive needed medical help as a first priority.
6. If an employee who is subject to post-accident testing is conscious, able to urinate normally (in the opinion of a medical professional) and refuses to be tested, that employee will be removed from duty as an employee covered by this policy.
D. Reasonable Cause Testing-
1. When there is reasonable cause to believe that an employee covered by Part I of the anti-drug policy is under the influence of drugs, the employee will be required to take a drug test.
2. Two supervisors that are listed in Part I(1)(b)(EAP Training) must substantiate the decisions to test for reasonable cause. The supervisors must be EAP trained in drug use symptoms.
3. A decision to test must be based on specific contemporaneous physical, behavioral or performance indicators of probable drug use. Examples of this are evidence of violations, or unsatisfactory time and attendance patterns, coupled with a specific contemporaneous event that indicates probable drug use.
E. Return to Duty Testing-
1. An employee who at the recommendation of the Medical Review Officer (MRO) returns to work will be given an unannounced drug test as scheduled by the MRO. These tests are in addition to the other types of tests stated in this policy.
2. The time period for “return to duty” testing will not be more than 60 months. A reasonable minimum is 12 months. This period will be determined by the MRO.
3. Testing will be on a daily, weekly, monthly, or longer basis at the discretion of the MRO. Testing Procedures-The testing procedures described below will apply.
III. Testing Procedures-
A. Drug testing will be performed utilizing a urine sample.
B. Test for marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP) will be performed.
C. An applicant who is offered a position covered by this policy will be required to report to the drug testing collection site specified in Section 6 of this policy within 48 hours of notification and provide a specimen of his/her urine.
D. A picture ID is required to be shown at the time of collection.
E. Upon notification that a drug test is required, an employee will report as soon as possible, but no later than 2 hours (“for cause”- must be transported by supervisor to the collection facility) after notification to the drug collection site and provide a specimen of his/her urine.
F. The collection agency shall adhere to all requirement outlined in 49CFR Part 40, Procedures for Transportation Workplace Drug Testing Program.
G. If the specimen ‘s specific gravity is less than 1.003 and/or the creatinine level of the sample is less than 20 mg/dl, a new sample will need to be collected and a new test performed.
I. Medical Review Officer (MRO)
A. The MRO for this policy is:
· Bob Andrew
B. At any time, Work Zone, in its discretion, can designate another certified agency as MRO.
II. Testing Laboratory
A. The testing laboratory for this policy is:
a. We do not have an assigned location at this time.
B. The testing laboratory will comply with all methods and procedures of 49CFR Part 40 and will provide annual reports to Work Zone Traffic Control, Inc showing compliance.
C. At any time, Work Zone Traffic Control, Inc., in its discretion, can designate another certified agency as testing laboratory.
III. Collection Facilities
COLORADO
Colorado Springs Centura Centers for Occupational Medicine
1633 Medical Center Point, Suite 103
Colorado Springs, CO 80907
(719) 475-9496
Denver Concentra—Medical
6750 South Stapleton Drive
Denver, CO 80216
(303) 355-2389
Concentra
1380 S. Santa Fe Drive
Denver, CO 80223
Ft. Collins Concentra
2620 E. Prospect Rd. Suite 160
Fort Collins, CO 80525
(970) 221-5811
Pueblo Centura Centers for Occupational Medicine
4112 Outlook Boulevard
Pueblo, CO 81008
(719) 562-6300
NEW MEXICO
Santa Fe S.E.D. Medical Laboratories
460 Saint Michael’s Dr. Ste. 703
Santa Fe, NM
(505) 989-8538
Las Cruces Southwest Medical Labs
755 Telshor Blvd.
Las Cruces, NM 88001
(505) 325-1100
Farmington Mesa Medical Center
2700 N. Farmington Ave,
Farmington, NM 87401
(505) 325-1100
Raton Internal Medicine Associates
190 Hospital Drive
Raton, NM
(505) 445-5563
Alamogordo White Sands Research
1300 Lavalle Road
Alamogordo, NM 88310
(505) 434-1725
Bayard Occupational Health Resources
114 W. 11th
Silver City, NM 88061
(505) 388-5487
Roswell Continuing Care Concepts
315 N. Atkinson
Roswell, NM 88201
(505) 625-7038
Taos Northern NM Job Drug Screen
414 Sipapu Street
Taos, New Mexico 87571
(505) 758-8761
Las Vegas Northeastern Regional Hospital
1235 8th Street
Las Vegas, NM 87701
(505) 425-6751
IV. Collection Procedures
A. A “Drug Testing Custody and Control Form For Federally Regulated Agencies” will be used under Part I of Work Zone’s Anti-Drug program.
B. Donors must provide a current picture ID at time of collection.
V. Employee Assistance Program (EAP)
A. Education- Education and training on drug use will be available to all employees. The education shall include:
1. Drug information will be periodically distributed and displayed in the work areas.
2. A copy of this policy will be given to each employee and displayed in the work areas of Work Zone offices.
3. The “Human Factor, Inc.” (1-800-247-8233) will be utilized to provide employee assistance program guidance for the treatment of substance abuse.
B. Training- Every supervisor covered by this policy who will determine whether an employee must be drug tested based on reasonable cause will receive the following drug use training:
1. Supervisory personnel responsible for those employees covered under Part 199 will receive training under the anti-drug plan. The training shall include at least one 60 minute period of training on the specific, contemporaneous physical, behavioral, and performance indicators of probable drug use. This training shall be for supervisors who may determine whether an employee must be drug tested for reasonable cause.
VI. Record Keeping
A. Work Zone Traffic Control, Inc. and the company designated MRO will keep the following records for the periods specified. These records will be maintained in the corporate safety office under the control of the Safety Representatives.
1. Records that demonstrate that the collection process conforms to Part 199 will be kept for a minimum of three years.
2. Records of employee drug test results that show employees failed a drug test, and the type of test failed and records that demonstrate rehabilitation, of any, will be kept for a minimum of five years, and include the following information:
a. The functions performed by each employee who fails the drug test.
b. The prohibited drugs which each employee who fails the drug test used.
c. The disposition of each employee who fails the drug test (termination, rehabilitation, leave without pay, etc.).
d. The age of each employee who fails the drug test
3. Records of employee drug test results show employees passed a drug test will be kept for a minimum of one year.
4. A record of the number of employees tested by type of test will be kept for a minimum of five years.
5. Records confirming that supervisors and employees have been trained as required by this policy will be kept for a minimum of three years. Training records will include copies of all training materials.
6. Work Zone will keep on record and provide access to the operator all records concerning contractor employees.
7. Work Zone will permit access to the property and records by the operator, DOT, and any jurisdictional state agency for the purpose of monitoring compliance with the requirement of Part 199.21.
VII. Confidentiality
A. Each individual’s record of testing and results under this policy will be maintained private and confidential. With the exception of the testing laboratory, MRO, designated personnel manager or upon request of RSPA or State agency officials as part of an accident investigation, the results of individual drug test will not be released to anyone without the expressed written authorization of the individual tested.
B. Unless an employee gives his/her written consent, the employee’s drug testing and/or rehabilitation records will not be released to a subsequent employer.
C. Work Zone will not release any individual drug test results except as follows:
1. The individual may request in writing a copy of the test results.
2. The DOT or state agency may request test results as part of an accident investigation, for statistical evaluation (without names) or for training records.
XI. Drug-Alcohol Awareness Training/Education
Employees that come under this Part of Work Zone’s anti-drug program are required to receive one hour of training/education (minimum). Each employee under this regulation will receive a quarterly awareness publication.
XII. Disciplinary Action-
A. Pre-employment positive drug test-not eligible for employment.
B. Random, reasonable cause, post accident drug tests: