Drug and Alcohol Testing Program Policy

DRUG AND ALCOHOL TESTING PROGRAM POLICY

CONTRACTING AGENCY NAME

TRANSIT SYSTEM NAME

Adopted Date: ______

Revised: ______

Table of Contents

Program Statement
Purpose
Definitions
Prohibited Behavior
Types of Testing
Testing Procedures
Consequences of Violations of this Policy
Information Disclosure
Confidentiality
Contact Person
Medical Review Officer
Substance Abuse Professional
Policy Intent

TRANSIT SYSTEM NAME

DRUG & ALCOHOL TESTING POLICY

Regular Text = FTA Requirements

Bold Text = Transit System Name Own Authority

1. PROGRAM STATEMENT

The BOARD OF DIRECTORS/TRUSTEES has approved and adopted the TRANSIT SYSTEM NAME Policy on Anti-Drug and Alcohol Misuse at its board meeting on DATE, and revision of the original policy on DATE OF ORIGINAL ADOPTION AND REVISIONS, IF ANY, as listed on the cover page of this document. A copy of the latest board approval is included in this policy as Attachment 5.

TRANSIT SYSTEM NAME is dedicated to providing safe, dependable, and economical transportation services to our transit system passengers. TRANSIT SYSTEM NAME employees are our most valuable resource, and our goal is to provide a healthy and satisfying working environment that promotes personal opportunities for growth. In meeting these goals, our policy is to accomplish the following objectives:

Ensure that our employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner.
Create a workplace environment free from the adverse affects of drug abuse and alcohol misuse.
Prohibit the unlawful manufacture, distribution, dispersal, possession, or use of controlled substances.
Encourage our employees to seek professional assistance whenever personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties.

Once the governing board has adopted this policy, all safety sensitive employees shall be made aware of the policy and subsequent changes, and the effect it will have on them. The TRANSIT SYSTEM NAME must provide materials (or notify employees of the availability of material) explaining the regulations, the policy, and the corresponding procedures to each safety-sensitive employee. (§655.16)

2. PURPOSE

All persons covered by this policy should be aware that TRANSIT SYSTEM NAME has adopted a ZERO TOLERANCE policy regarding drug abuse or alcohol misuse and violations of the policy will result in immediate discharge, or in not being hired.

Before performing a drug or alcohol test, TRANSIT SYSTEM NAME shall notify a safety sensitive employee that the test is required according to 49 CFR, Part 655.17.

This policy applies to all safety sensitive employees who are employed by, or who are assigned to work for, TRANSIT SYSTEM NAME. Attachment 4 provides a complete list of titles and employee safety-sensitive positions covered by this policy. This policy applies to off-site lunch periods or breaks after which an employee is scheduled to return to work. All safety-sensitive employees will be subject to this policy as a condition of employment. The purpose of this policy is to ensure our employees’ fitness for duty and to protect TRANSIT SYSTEM NAME employees, passengers, and the public from the risks posed by the misuse of alcohol and the use of prohibited drugs. This policy is also intended to comply with all applicable federal regulations governing workplace anti-drug and alcohol programs in the transit industry.

The Federal Transit Administration (FTA) of the U.S. Department of Transportation (DOT) has published 49 CFR Part 655 as amended, which mandates urine drug testing and breath alcohol testing for safety-sensitive positions and prohibits performance of safety-sensitive functions when there is a positive test result.

The U.S. DOT has also published 49 CFR Part 40, as amended, which sets standards for the collection and testing of urine and breath specimens. In addition, the federal government has published 49 CFR Part 32, “The Drug-Free Workplace Act of 1988,” which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses to the FTA. All of these requirements are incorporated into this policy for safety-sensitive employees under TRANSIT SYSTEM NAME authority.

3. DEFINITIONS (§40.3 and 655.4)

3.1Designated Employer Representative (DER) (§40.3)

An employee authorized by the TRANSIT SYSTEM NAME to take immediate actions(s) to remove employees from safety-sensitive duties, or cause employees to be removed from these covered duties, and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the TRANSIT SYSTEM NAME, consistent with the requirements of this part. Service agents cannot act as DERs.

3.2Employee/Covered Employee (§40.3) & (§655.4)

Any person who is designated within a DOT agency as subject to drug and/or alcohol testing. The term includes individuals currently performing safety-sensitive functions designated in DOT agency regulations including an applicant or transferee who will perform a safety-sensitive function subject to pre-employment testing. For purposes of drug testing under this part, the term employee has the same meaning as the term “donor” as found on the Federal Drug Testing Custody and Control Form (CCF) and related guidance materials produced by the U.S. Department of Health and Human Services (DHHS).

3.3Safety-Sensitive Functions (§655.4)

A safety-sensitive function is any duty related to the safe operation of mass transit service. These duties include, but are not limited to, the following activities: (See Attachment 4)

Operating a revenue service vehicle, including when not in revenue service;
Operating a non-revenue service vehicle, when required to be operated by a holder of a Commercial Driver’s License (CDL);
Controlling dispatch or movement of a revenue service vehicle;
Performing maintenance functions including repairing, overhauling, and rebuilding revenue service vehicles or equipment used in revenue service;
Providing security and carrying a firearm on transit vehicles, at transfer points, and in transit facilities open to the public.

3.4Legally Prescribed Drugs

The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, under the Transit System Name’s own authority, any employee using any substance that carries a warning label indicating mental functioning, motor skills, or judgment may be adversely affected must report that substance use to a TRANSIT SYSTEM NAME supervisor. The employee must also obtain a written release from the attending physician that releases the employee to perform their job duties whenever they are using a performance-altering substance.

Refer to the Transit System Name’s Over the Counter and Prescription Drug Policy.

A legally prescribed drug is defined as any drug for which an employee has an appropriate prescription or other written approval from a physician to use the drug in the course of medical treatment. The prescription or written approval must include the patient’s name, the name of the substance, the quantity to be taken, and the period of authorization.

The misuse or abuse of legal drugs while performing transit business is prohibited.

NOTE: Legally prescribed drugs, for purposes of this policy, do not include, regardless of the circumstances, any illegal drug, including marijuana; illegally obtained prescription drugs, or any legally prescribed drug used inappropriately.

4. PROHIBITED BEHAVIOR

4.1Manufacture, Trafficking, Possession, and Use of Prohibited Substances

TRANSIT SYSTEM NAME employees are prohibited from engaging in the unlawful manufacture, distribution, dispersal, possession, or use of prohibited substances on transit authority premises, in transit vehicles, or in any other location where the employee is in uniform or on transit authority business. Employees who violate this provision will be discharged. Law enforcement will be notified, as appropriate, when criminal activity is suspected. Any employee convicted of a drug statute occurring in the worksite must report the incident to their supervisor no later than five days after the conviction.

4.2Illegal Drugs

The use of the following controlled substances by a safety-sensitive employee is prohibited at all times. (§655.21(b) & (c)):

Marijuana
Cocaine
Opiates
Amphetamines
Phencyclidine (PCP)

Safety-sensitive employees or applicants will be tested any time while on duty for these listed drugs in the following circumstances: pre-employment, post-accident, reasonable suspicion, random, and return to duty. (§655.21(a))

4.3Alcohol

The use of beverages or medication containing alcohol, or any other substance that causes alcohol to be present in the body while performing safety sensitive functions, is prohibited.

Under this policy, safety-sensitive employees must comply with the following drug and alcohol rules. No safety-sensitive employee will perform any of the following activities:

Report for duty or remain on duty with an alcohol concentration of 0.02 or greater when required to perform or continue to perform safety-sensitive functions. (§655.35)

Consume any alcohol during any of the following time periods:

While performing a safety-sensitive function (§655.32)

Four hours prior to performing safety-sensitive functions (§655.33(a))

During on-call hours (§655.33(b))

Following an accident for up to eight hours or until undergoing a post-accident alcohol test, whichever occurs first (§655.34)

Refuse to submit to any required alcohol or controlled substance test
Report for duty or remain on duty when required to perform safety-sensitive functions when using any controlled substance, except when instructed by a licensed medical practitioner, who has advised the employee that the substance will not adversely affect the employee’s ability to safely perform any safety-sensitive function
Report for duty, remain on duty, or perform any safety-sensitive function when the employee has tested positive for alcohol or a controlled substance or has adulterated or substituted a test specimen for alcohol or a controlled substance
Perform or continue to perform any safety-sensitive function with an alcohol concentration of 0.02 or greater but less than 0.04 until a subsequent test measures less than 0.02, or the employee has been removed from duty for at least eight hours. (§655.35(a)(1)(2))

5.TYPES OF TESTING

The following conditions establish who may be screened and under what circumstances the drug and alcohol screening may occur. All testing will comply with 49 CFR, Part 40 and Part 655.

5.1Pre-Employment or Transfer

All applicants for employment in a safety-sensitive position with TRANSIT SYSTEM NAME will undergo urine drug testing immediately following the offer of employment. All current employees who are requesting transfer to a position covered in this policy are also subject to this policy. This policy covers applicants for, or requests for transfer to, full-time or part-time safety sensitive employment and applicants for regular or temporary safety sensitive employment.

Testing involves the following situations:

Pre-Employment:

Before allowing an applicant to perform a safety-sensitive function for the first time, the employer must ensure that the employee takes a pre-employment drug test administered under this part with a verified negative result. An employer may not allow an applicant to perform a safety-sensitive function unless the employee takes a drug test administered under this part with a verified negative result. (§655.41(a)(1))

When an applicant has previously failed or refused a pre-employment drug test, the employee must provide proof to the Director of TRANSIT SYSTEM NAME of having completed a referral, evaluation, and treatment plan as described in section 655.62 of subpart G. (§655.41(a)(2))

If a pre-employment drug test is canceled, the applicant is required to schedule another pre-employment drug test and have a verified negative result. (§655.41(c))

Employee Transfer:

Before allowing an employee being transferred into a safety sensitive position to perform a safety-sensitive function for the first time, the employer must ensure that the employee takes a pre-employment drug test administered under this part with a verified negative result. An employer may not allow an employee to perform a safety-sensitive function until the employee takes a drug test administered under this part with a verified negative result. (§655.41(a)(1))

If a pre-employment drug test is canceled, the employee is required to schedule another pre-employment drug test and have a verified negative result. (§655.41(c))

When an employee has not performed a safety-sensitive function for 90 or more consecutive calendar days, and the employee has not been in the random selection pool during that time, the employee is subject to a pre-employment test which produces verified negative results prior to resuming safety sensitive duties. (§655.41(d))

5.2Reasonable Suspicion Testing

If TRANSIT SYSTEM NAME has reasonable suspicion that an employee has violated FTA regulations in regard to alcohol or controlled substances, TRANSIT SYSTEM NAME will require an employee to submit to alcohol and controlled substance testing. Reasonable suspicion involves a judgment on the part of the employer. FTA regulations require a safety-sensitive employee to submit to a test under the following conditions:

A trained supervisor or another trained TRANSIT SYSTEM NAME official determines that reasonable suspicion exists based on specific, contemporaneous, articulable observations concerning appearance, behavior, speech, or body odors of the covered employee. (§655.43(a)(b))

A trained supervisor has reasonable suspicion that the employee has used a prohibited drug, or misused alcohol based on his/her personal observation. (§655.43(b))
Physical on-the-job observation of drug and/or alcohol use by the employee occurs. (§655.32)

Reasonable suspicion testing for alcohol is authorized only if the observations are made during, just preceding, or just after the employee has performed a safety-sensitive function. Reasonable suspicion testing for alcohol can occur only while the employee is performing safety-sensitive functions; just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions. (§655.43(c))

Tests for alcohol shall be administered within two hours following the reasonable suspicion determination. If the test is not administered within two hours, a record will be prepared and maintained on file, stating the reason the alcohol test was not promptly administered. If an alcohol test is not administered within eight hours following the determination, all attempts to administer the alcohol test shall cease and a record will be prepared and maintained on file stating the reasons for not administering the test. (§655.43(d))

5.3Random Testing

Random testing of safety-sensitive employees will be conducted in a manner consistent with the requirements of 49 CFR Part 655 (Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations) and 49 CFR Part 40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs).

The TRANSIT SYSTEM NAME participates in a statewide rural transit consortium; therefore, all employees performing safety-sensitive functions are placed in a statewide pool and have an equal chance of being selected for testing and will remain in the pool, even after being tested. There is no discretion on the part of management in the selection of the individuals who are to be tested.

Random testing will meet the following criteria:

The annual random drug and alcohol testing rate will be conducted in accordance with §655.45 (a)(b).

Random selection is made through a scientifically valid computerized random number generator program matched with employees’ driver’s license number. A contracted, third party administrator for the drug program provides this program. (§655.45(e))
The dates for administering unannounced testing of randomly selected employees shall be spread reasonably throughout the calendar year. Testing must be unannounced, unpredictable and will be conducted at all times of the day when safety sensitive functions are performed. (§655.45(g))
A covered employee shall only be randomly tested for alcohol misuse while the employee is performing safety-sensitive functions; just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty. (§655.45(i))
The TRANSIT SYSTEM NAME will ensure that the employee stops performing the safety-sensitive function and proceeds to the testing site immediately. (§655.45(h))

5.4Post-Accident Testing

As soon as possible following an accident, as defined in §655.4(1)(2)(3), a drug and alcohol test will be administered to the surviving covered employee(s) performing a safety-sensitive function while operating a mass transit vehicle under the following circumstances:

Fatal Accident:

Whenever there is a loss of human life, as soon as practicable following the accident, each surviving safety-sensitive employee operating the transit vehicle at the time of the accident must be tested. TRANSIT SYSTEM NAME will also determine using the best information available at the time of the decision whether to test any other safety sensitive employees where performance could have contributed to the accident. (§655.44(a)(1)(i))

Non-Fatal Accident:

Whenever an individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident; or one or more vehicles (including non-FTA funded vehicles) incurs disabling damage (as defined by §655.4(4)), as a result of the occurrence TRANSIT SYSTEM NAME shall test each safety-sensitive employee operating the transit vehicle at the time of the accident, unless their behavior can be completely discounted as a contributing factor to the accident. TRANSIT SYSTEM NAME shall test any other safety-sensitive employee, whose performance could have contributed to the accident, using the best information available at the time of the accident. (§655.44(a)(2)(i))

All testing under theTRANSIT SYSTEM NAME’sown authoritywill be conducted as a Non-DOT test, using Non-DOT custody and control forms.

Post-accident testing is subject to the following criteria:

A safety-sensitive employee required to take a post accident alcohol test must not consume alcohol for eight hours following an accident or until a breath alcohol test occurs. If the alcohol test is not administered within two hours following the accident, the TRANSIT SYSTEM NAME prepares and maintains on file a record stating the reasons the test was not administered promptly. After eight hours, no further attempts will be made to administer the alcohol test and the two-hour report will be updated. (§655.44(a)(2)(ii))

A controlled substance test on a safety-sensitive employee must be administered within 32 hours following the accident. If the test is not administered within the required time, the TRANSIT SYSTEM NAME will stop efforts to administer the test. TRANSIT SYSTEM NAME will then file and maintain a report stating the reasons the test was not administered promptly. (§655.44(b))

A safety-sensitive employee who is subject to post-accident testing is required to remain readily available for such testing. Failure to do so may be considered by the TRANSIT SYSTEM NAME as refusal to submit to testing. (§655.44(c))

The decision not to administer a drug and/or alcohol test under this section shall be based on the TRANSIT SYSTEM NAME determination, using the best available information at the time of the determination that the employee’s performance could not have contributed to the accident. Such a decision must be documented in detail, including the decision-making process used to reach the decision not to test. (§655.44(d))

Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. (§655.44(e))