Lookout Mountain Community Services

Lookout Mountain Community Services

Personnel Section Policy and Procedures

DRUG AND ALCOHOL TESTING

EFFECTIVE DATE: 03-07-05

General Provisions

The provisions of this rule shall not be construed to prevent an appointing authority from establishing such other drug or alcohol testing programs it deems necessary. Drug and alcohol testing shall be conducted in accordance with applicable federal and state laws and regulations, and in accordance with procedures established by the Georgia Merit System.

Positions subject to drug and alcohol testing are determined by the appointing authority and shall include but not be limited to: high risk/safety sensitive positions, positions that require a commercial driver’s license and positions in the substance abuse field.

The 1995 General Assembly has determined that the State should make every reasonable effort to promote a drug-free workplace in all offices and work-sites of state government in compliance with Georgia's Drug Free Workplace Act. Georgia's work force must be absolutely free of any persons who would knowingly manufacture, distribute, sell, or possess a controlled substance, marijuana, or a dangerous drug in an unlawful manner. As a condition of employment, all LMCS employees are prohibited from possessing, using or being under the influence of illegal drugs.

The expense of substance abuse testing shall be the responsibility of the employer. However, if a donor requests that a split sample of a drug test be submitted for separate analysis, the appointing authority may seek payment or reimbursement of all or part of the cost of the split specimen from the employee. The appointing authority shall ensure that the split sample testing is performed in a timely manner and shall not condition the employee’s request based on payment, reimbursement or ability to pay.

An employee selected for or directed to substance testing shall be considered as being on duty for all time necessary to undergo the testing process.

Refusal or Failure to Appear for Substance Abuse Testing

Any individual who refuses to undergo testing or engages in conduct that clearly obstructs the testing process shall be deemed to have refused drug testing as will any individual who fails to:

· appear for substance abuse testing after proper notification or to remain readily available for testing.

· provide adequate urine for drug testing without a valid medical reason.

· provide adequate breath for alcohol testing without a valid medical explanation.

Any applicant who declines an offer of employment for reasons not related to drug testing shall not be deemed to have refused drug testing.

PRE-EMPLOYMENT DRUG TESTING

Prior to being placed in a position subject to testing, an employee or applicant shall be notified of the requirement for such testing and of the consequences of a positive result or having refused testing. All applicants offered employment in positions designated for preemployment drug testing with duties similar to those listed below are required to successfully complete a preemployment drug test.

· Providing care and treatment services to consumers;

· Administering medications;

· Driving cars, trucks, vans, buses, and other vehicles to transport consumers;

· Providing social work/counseling services directly related to substance abuse

Applicants shall be required to complete a pre-employment drug test for the presence of illegal drugs prior to commencing employment or within ten (10) days of commencing employment. However, once notified, the applicant must report immediately for drug testing. Failure to appear within this timeframe will result in a refusal to test and disqualification from State/CSB employment for two (2) years.

Any applicant, who expressly refuses a pre-employment drug test or who fails to appear for such test shall be disqualified from holding any position with a State/CSB employer for a period of two (2) years from the date of refusal.

The Merit System shall notify any applicant reported to have refused or failed to appear for a drug test that the applicant has been disqualified from State/CSB employment for a period of two (2) years. Such notification shall indicate that the applicant may file, in writing, a request with the Commissioner or the Commissioner’s designee that the disqualification be removed. The request must be filed within ten (10) calendar days of the receipt of the notification and must include any evidence that would support the applicant's belief that the disqualification is inappropriate.

Any applicant, whose drug test results are reported as positive by the Medical Review Officer shall be disqualified from holding any position with a State/CSB employer for a period of two (2) years from the date the test was administered. The applicant will be notified, in writing, that he/she has been deemed to have used an illegal drug and is therefore disqualified from State/CSB employment for a period of two (2) years.

Any applicant whose drug test results are reported as positive and who commenced employment prior to being required to report for drug testing, or who commenced employment before the results of drug testing were received by the appointing authority, shall be immediately separated.

LMCS shall notify the Merit System of any applicant who has refused or failed to appear for drug testing. Such notice shall include the name and address of the applicant, the date of refusal or failure to appear, and a brief statement of the circumstances.

The decision of the Medical Review Officer regarding the confirmation of a positive drug test result shall be final. No appeal or review as to the test results shall be permitted the applicant.

An applicant who fails to cooperate with a review of a positive drug test result by the Medical Review Officer shall not be entitled to a review. The decision of the Commissioner shall be based on a review of the written record and shall be final.

RANDOM DRUG TESTING

All positions designated as being high-risk and/or safety sensitive by the appointing authority; and whose incumbents, by law, are subject to random drug testing and/or the appointing authority has requested to include will be included in the subject pool.

Once each month, the Commissioner shall select, at random, a sample of positions in the subject pool. Incumbents selected for random testing shall be notified of the selection by the Director of Human Resources.

Multiple Incumbents

Should a selected position have more than one incumbent as of the specified effective date, all incumbents shall be subject to testing.

Incumbents on Leave

If the incumbent of a selected position was on any form of paid or unpaid leave as of the effective date specified in the Notice of Selection and the incumbent returns to duty within thirty (30) calendar days of the effective date, the appointing authority shall specify a date and time by which the employee must report for testing. Such date and time shall not be more than two (2) business days following the date the employee returns to duty.

Vacant Positions

If a position was vacant as of the effective date specified in the Notice of Selection, no incumbent testing for that position shall be permitted.

REASONABLE SUSPICION

Any employee may be required to submit to drug and/or alcohol testing when the appointing authority has reasonable suspicion to believe that the employee has used illegal drugs or has misused alcohol. The determination of reasonable suspicion shall be made by a supervisor or other official who is trained to make such determinations. Such training shall consist of one (1) hour of illegal drug training and one (1) hour of alcohol training which covers physical, behavioral, speech and performance indicators of probable illegal drug use or alcohol misuse. A written record, signed by the observing official, shall be made to document the observations. “Reasonable suspicion" means a judgment regarding an employee's behavior, appearance or other evidence found or reported and may be based on but shall not be limited to:

· An on-the-job accident or occurrence where there is evidence to indicate the accident or occurrence was in whole or in part the result of the employees' actions or inactions and/or the employee exhibited behavior or in other ways demonstrated that the employee may have illegally been using drugs or was illegally under the influence of drugs; or,

· An on-the-job incident such as a medical emergency that is likely to be attributable to illegal drug use by an employee; or;

· Direct observation of behavior exhibited by an employee which might render the employee unable to perform the employee's job or which might pose a threat to the safety or health of the employee, fellow employee's or the general public; or,

· Verifiable information that an employee may be illegally using drugs, illegally under the influence of drugs or under the influence of alcohol; or,

· Physical on-the-job evidence of drug use by an employee; or,

· Documented deterioration in an employee's job performance that is likely to be attributable to drug use by the employee; or,

· The results of such other scientific test(s) as may tend to indicate possible use of drugs or alcohol; or,

· Such other action as would give an appointing authority reason to suspect that an employee is under the influence of an illegal drug or alcohol.

Drug Screening

An appointing authority may require any covered employee to submit to screening for the presence of illegal drugs if the appointing authority has reasonable suspicion that the employee has used such illegal drugs or is under the influence of illegal drugs while on duty. Any employee that has a confirmed positive drug test will be terminated from his/her position, informed of educational and rehabilitation programs available, and given a referral to a Substance Abuse Professional.

Alcohol Screening

An appointing authority may require any covered employee to submit to screening for the presence of alcohol if the appointing authority has reasonable suspicion that the employee is under the influence of alcohol while on duty. Any employee that has a confirmed positive alcohol concentration of 0.04 percent or greater will be terminated from his/her position, informed of educational and rehabilitation programs available, and given a referral to a Substance Abuse Professional.

When it is determined that employees will be tested due to reasonable suspicion, they are to be transported to the testing site.

Alcohol Testing Results

The date and time of alcohol testing must be during a workday on which the employee is scheduled to perform safety-sensitive duties. The employee shall not be notified more than four (4) hours prior to the time of testing. In no case shall such testing be performed more than two (2) hours before or two (2) hours after the performance of the safety sensitive duties.

Any employee whose test indicated an alcohol concentration of 0.02 percent or greater shall be given an alcohol confirmation test not less than fifteen (15) minutes nor more than twenty (20) minutes after the original test.

Any employee whose alcohol confirmation test indicated an alcohol concentration of 0.02 percent or greater shall be immediately removed from safety sensitive duties for a period of not less than twenty-four (24) hours and shall not be returned to safety sensitive duties until a subsequent test indicates an alcohol concentration of less than 0.02 percent. Any disciplinary or adverse action deemed appropriate by the appointing authority may be imposed in accordance with the provisions of SPB Rule 15.

An employee removed from duty in accordance with the provisions of SPB Rules Par 9.507.2 shall be deemed to have voluntarily forfeited pay for any scheduled duty time during the twenty-four (24) hour period immediately following such removal. The employee shall be notified, in writing, of such forfeiture of pay and that the action may, within ten (10) calendar days of receipt of the notice, be appealed in accordance with the provisions of the SPB Rule Par. 14.212.

Any employee that has a confirmed positive alcohol concentration of 0.04 percent or greater will be terminated from his/her position, informed of educational and rehabilitation programs available, and given a referral to a Substance Abuse Professional (SAP).

COMMERCIAL DRIVER’S LICENSE (CDL) EMPLOYEES

Inquiries from Previous Employers

When employees are selected for positions that require a CDL, hiring officials or designees must request and review specific information from previous employers regarding the alcohol and/or drug testing of the selected employees. Written authorization must be received from employees prior to seeking this information.

Inquiries Made by LMCS

Once written authorization is received, the following information must be requested from all previous employers during the two years immediately before the date of application for the LMCS position:

· alcohol test results showing an alcohol concentration of 0.04 or greater,

· verified positive drug test results, and

· refusals to be tested.

A copy of the selected employees’ written authorization must be provided to the previous employers from which information is being sought. If possible, this information should be requested, received and reviewed prior to allowing selected applicants/employees to perform safety-sensitive duties for the first time. A good faith effort must be made to obtain and review this information no later than 14 calendar days from the first time safety-sensitive duties are performed.

Requested information may be received by personal interviews, telephone interviews, and letters or any other methods that ensure confidentiality. Documentation of conversations, etc. should be maintained. If requested information is not received from a previous employer(s), a record showing the efforts to obtain the information must be maintained.

Violations Reported By Previous Employers

Selected employees must not be permitted to perform safety-sensitive duties if information received from previous employers indicates that they have tested positive for alcohol or illegal drugs, or have refused testing until documentation is received which shows that they have:

· Been evaluated by a Substance Abuse Professional,

· Completed any required counseling,

· Passed a Return-to-Duty test, and

· Been subject to Follow-up testing.

Requests Received By LMCS

Written authorization must be received from former LMCS employee(s) prior to releasing any information. Once written authorization is received, the following CDL information (and any similar CDL information received by LMCS from previous employers) must be given to the requesting organization:

· Alcohol test results showing an alcohol concentration of 0.04 or greater,

· Verified positive drug test results, and