4022 P - Farmington Public Schools

4022 P - Farmington Public Schools 4022 P - Farmington Public Schools

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Farmington Public Schools32500 ShiawasseeFarmington, MI 48336Phone: (248)-489-3357Fax: (248)-489-33184022PROCEDUREUnder Regulation of the U.S. Department of Transportation (DOT) andFarmington Public Schools’ PolicyDRUG AND ALCOHOL TESTING PROGRAMPROCEDURESFor CDL employees who perform safety sensitive functionssubject to DOT regulations.Effective Date: May 1, 2009Designated Employer Representative (DER): Barbara Fries,Director of Human ResourcesAlternate DER:Medical Review Officer:Barbara NorsigianHuman Resources SpecialistRobert J. Kantor, MD MPH MROContents:Manual Table of ContentsLetter to Applicants and EmployeesPolicy StatementDrug Education InformationSubstance Abuse ProfessionalsDrug and Alcohol Testing ManualToolkit Forms IndexPage 1 of 28

<strong>Farmington</strong> <strong>Public</strong> <strong>Schools</strong>32500 Shiawassee<strong>Farmington</strong>, MI 48336Phone: (248)-489-3357Fax: (248)-489-3318<strong>4022</strong>PROCEDUREUnder Regulation of the U.S. Department of Transportation (DOT) and<strong>Farmington</strong> <strong>Public</strong> <strong>Schools</strong>’ PolicyDRUG AND ALCOHOL TESTING PROGRAMPROCEDURESFor CDL employees who perform safety sensitive functionssubject to DOT regulations.Effective Date: May 1, 2009Designated Employer Representative (DER): Barbara Fries,Director of Human ResourcesAlternate DER:Medical Review Officer:Barbara NorsigianHuman Resources SpecialistRobert J. Kantor, MD MPH MROContents:Manual Table of ContentsLetter to Applicants and EmployeesPolicy StatementDrug Education InformationSubstance Abuse ProfessionalsDrug and Alcohol Testing ManualToolkit Forms IndexPage 1 of 28


MANUAL TABLE OF CONTENTSLetter to Applicants and EmployeesPolicy StatementToolkit Forms IndexParagraph1. Department of Transportation Regulations2. Commercial Drivers' Licenses3. Adverse Personnel Action--DOT4. Adverse Personnel Action--State law5. Applicable Federal Regulations6. Applicable State or Local Laws or Regulations7. District Reserves Right to Conduct non-DOT Drug and Alcohol Testing8. Unemployment Compensation disqualifications9. Identification of the Professional Resources1O. Drug/Alcohol TestingDrug and Alcohol Testing Manual11. Definitions12. Prohibition on Drugs13. Prohibition on Alcohol14. Off-Duty Conduct15. Prescription Drugs16. Investigation/Searches17. Discipline18. Employee Responsibility for Drug and Alcohol Testing19. Testing of Applicants and Transfers20. Employee testing21. Reasonable suspicion testing22. Post-accident testing23. Follow-up testing after SAP/EAP/rehab program24. Recertification Physical Examinations25. Supervisor and Employee EAP Education and Training Program26. Employee Benefits Program27. Enforcement28. Record Keeping/Confidentiality of Test Results29. GeneralPage 2 of 28


LETTER TO APPLICANTS AND EMPLOYEESThe illegal use of drugs and the abuse of alcohol are problems that invade the workplace,endangering the health and safety of the abusers and those who work around them. Everyemployee and applicant should understand those dangers and be aware of the Federalrequirements and state guidelines concerning substance abuse in the workplace. <strong>Farmington</strong><strong>Public</strong> <strong>Schools</strong> is committed to creating and maintaining a workplace free of substanceabuse.To answer this problem, <strong>Farmington</strong> <strong>Public</strong> <strong>Schools</strong> (hereinafter also referred to as "theDistrict") has developed a policy in conformity with 49 CFR Part 40 of the U.S. Department ofTransportation (DOT) Procedures For Transportation Workplace Drug And Alcohol TestingProgram, Urine Specimen Collection Guidelines and 49 CFR Part 382 Federal Motor CarrierSafety Administration testing regulations regarding the illegal use of drugs and the abuse ofalcohol that we believe best serves the interests of our employees, children and the public.Our policy formally and clearly states the illegal use of drugs or abuse of alcohol orprescription drugs will not be tolerated. As a means of maintaining our policy, we haverevised, as of May 1, 2009, pre·employment and active employee drug testing as outlinedin our Drug and Alcohol Testing Manual.Employees whose job duties require them to possess a valid Commercial Drivers License(CDL) are subject to the DOT testing regulations and the District Policy, and will be placed ina separate random testing pool containing only DOT -covered employees for purposes ofDOT compliance. With regard to those employees covered by DOT regulations, federalregulations shall be considered as preempting any inconsistent state or local laws orregulations.This policy was designed with three basic objectives in mind: (1) employees deserve a workenvironment that is free from the effects of drugs and the problems associated with their use;(2) this District has a responsibility to maintain the safety of children riding buses; and (3) toreduce the risk of property damage or injury to the general public.An Employee Whose Conduct Violates This Substance Abuse Policy Will Be Subject ToTermination.We believe that the benefits derived from the policy objectives outweigh the potentialinconvenience to employees, and we earnestly solicit the understanding and cooperation ofall employees in implementingthis policy.Page 3 of 28


<strong>Farmington</strong> <strong>Public</strong> <strong>Schools</strong>Procedure StatementPractical experience and research have proven that even small quantities of illegal drugs,narcotics, abused prescription drugs, or alcohol can impair judgment and reflexes. Evenwhen not readily apparent, this impairment can have serious results, particularly foremployees operating vehicles or potentially dangerous equipment, or making decisions, orhandling sensitive information or valuables. Drug-using employees are a serious threat totheir employer, their co-workers, and themselves, and may make costly errors.Consequently, the District has a compelling interest in providing a safe work environment andfostering the safety and health of its employees, children and the public. That commitment isjeopardized when any employee illegally uses drugs on the job, comes to work under theinfluence, or possesses, distributes or sells drugs in the workplace, or abuses alcohol on thejob. Therefore, the District has established a testing policy which is intended to reduceproblems of accidents, absenteeism, tardiness, carelessness, and other unsatisfactorymatters related to job performance; reduce the potential for accidental personal injury and/ordamage to employees, children, the general public, visitors, or property; reduce the likelihoodthat District property will be used for illicit drug activities; and protect the reputation of theDistrict and its employees within the community.Within this Drug and Alcohol Testing Program Policy Statement, certain elements arerequired because the District is regulated by the U.S. Department of Transportation (DOT).This Policy Statement will cross reference to sections of 49 CFR Part 40 (hereinafter "40. **"),a copy of which regulations the Designated Employer Representative (DER) will have andwhich can be viewed online at www.dot.gov/ost/dapc/ or by viewing the section title "PartQuestions and Interpretation." DOT-required elements are printed in normal typeface. Inaddition, certain policy elements, mostly related to specific personnel actions or DistrictPolicy, reflect requirements of the District but are not required by DOT. These elements areprinted in italic typeface, to differentiate them from DOT-required policy elements. With regardto those employees governed by DOT regulations, federal regulations shall be considered aspreempting any inconsistent state or local law or regulation.Beginning May 1, 2009, as a means of maintaining our Drug and Alcohol Testing Programwe will implement active employee substance testing as further described in this PolicyStatement and Manual. Any existing policy or practices of the District remain effective untilimplementation of this new Policy Statement and Manual. Pre-employment screening ortesting is to begin immediately on all final applicants seeking CDL position.The following is an overview of the terms and conditions of the District’s drug and alcoholpolicy, and for violations of which an employee is subject to termination:(1) It is a violation of District policy for any employee covered by this policy to use,possess, manufacture, sell, trade, offer for sale, offer to buy, or makearrangements to distribute illegal drugs, or to otherwise engage in the illegaluse of drugs while at work or on the District's property.Page 4 of 28


(2) It is a violation of District policy for anyone covered by this policy to report towork under the influence of alcohol (.02 BrAC or greater), or under the influenceof any illegal drugs (any amount of a prohibited drug or drug metabolite).(3) It is a violation of District policy for anyone covered by this policy to remain onduty that requires the operation of a motor vehicle or other hazardousequipment, or the performance of safety-sensitive job duties, while under theinfluence of illegal drugs (any amount of a prohibited drug or drug metabolite) oralcohol (.02 BrAC or greater).(4) It is a violation of District policy for anyone covered by this policy to useprescription drugs illegally. (However, nothing in this policy precludes theappropriate use of legally prescribed medications.) It is mandatory that CDLholders disclose pre-duty the current use of any impairing prescriptionmedication.(5) It is a violation of District policy to report to work or be at work, where thepresence of prescribed or over-the-counter narcotics or drugs exceed statutorylimits in blood or urine, or the use of prescribed or over-the-counter narcotics ordrugs poses a risk to the safety of the employee, other persons, the generalpublic or property or may render the employee temporarily medically unfit underapplicable DOT agency regulations, Michigan Department of Educationrequirements or District policy.Prescription Medications: Any employee taking a prescribed or over-thecounternarcotic or drug must advise his or her supervisor of its use if disclosurewould be required by job-relatedness and consistent with business necessity forthe safety-sensitive duty he or she is performing. An employee using suchprescribed or over-the counter substances may be required to take a temporaryleave of absence, temporarily be taken out of the performance of safetysensitiveduties or other appropriate action as determined by the District basedupon job-relatedness and consistent with business necessity.The District reserves the right to have an employee taken out of safety-sensitiveduties while a fitness for duty evaluation is conducted. In the event the employeeis drug tested, the MRO may be required in accordance with Part 40.327 todisclose to the DER that the employee is medically unfit under applicable DOTagency regulations, or their condition poses a significant safety risk as a result ofmedication being taken. In accordance with Part 40.151, "Medical Marijuana"may not be accepted as an excuse for a positive drug test.(6) It is a violation of District policy to ingest hemp food products or coca foodproducts. In accordance with 40.151, a Medical Review Officer (MRO) may notaccept consumption or other use of hemp products, or coca teas, or medicalmarijuana as an excuse for a positive drug test.(7) It is a violation of District policy for employees to use alcohol within four(4) hours before performing any safety-sensitive activity. On-call employees whoare not at work, but could be called to perform safety-sensitive functions, aresubject to this pre-duty alcohol prohibition.Page 5 of 28


(8) It is a violation of District policy to consume alcohol after a reportable accidentuntil they complete a post-accident alcohol test or until eight (8) hours haveelapsed since the time of the accident(9) It is a violation of District policy to engage in the following conduct as definedand identified in 49 CFR Part 40 and this Policy:a) Receiving a verified positive drug test [40.23(a)]b) Receiving a verified adulterated or substituted drug test [40.23(b)]c) Receiving an alcohol test result of 0.02 or higherd) Refusing to submit to an alcohol or controlled substance test. Refusalto submit to a test means:i. Fail to appear for any test within a reasonable time, asdetermined by the employer, consistent with applicableDOT agency regulations, after being directed to do so bythe employer.ii. Fail to remain at the testing site until the testing processis complete; provided that an employee who leaves thetesting site before the testing process commences (see§40.63(c)).iii. Fail to provide a urine specimen for any drug testrequired by this part or DOT agency regulations;provided that an employee who does not provide a urinespecimen because he or she has left the testing sitebefore the testing process commences (see §40.63(c))for a pre-employment test is not deemed to have refusedto test.iv. In the case of a directly observed or monitored collectionin a drug test, fail to permit the observation or monitoringof your provision of a specimen (see §§40.67(l) and40.69(g)).v. Fail to provide a sufficient amount of urine whendirected, and it has been determined, through a requiredmedical evaluation, that there was no adequate medicalexplanation for the failure (see §40.193(d)(2)).vi. Fail or decline to take an additional drug test theemployer or collector has directed you to take (see, forinstance, Sec.40.197 (b)).vii. Fail to undergo a medical examination or evaluation, asdirected by the MRO as part of the verification process,or as directed by the DER under Sec. 40.193(d). In thecase of a pre-employment drug test, the employee isdeemed to have refused to test on this basis only if thepre-employment test is conducted following a contingentPage 6 of 28


offer of employment. If there was no contingent offer ofemployment, the MRO will cancel the test; orviii. Fail to cooperate with any part of the testing process(e.g., refuse to empty pockets when directed by thecollector, behave in a confrontational way that disruptsthe collection process, fail to wash hands after beingdirected to do so by the collector).ix. For an observed collection, fail to follow the observer'sinstructions to raise your clothing above the waist, lowerclothing and underpants, and to turn around to permit theobserver to determine if you have any type of prostheticor other device that could be used to interfere with thecollection process.x. Possess or wear a prosthetic or other device that couldbe used to interfere with the collection process.xi. Admit to the collector or MRO that you adulterated orsubstituted the specimen.(10) It is a violation of District policy to engage in illicit drug use, on or off duty.(11) Adherence to the District's policy on drugs and alcohol is a condition ofemployment for all covered employees. All covered employees will be requiredto sign the applicable acknowledgment form and receipt to this policy.(12) Employees must notify the District of any conviction on drug-related chargeswithin five (5) working days of such conviction in conformity with the Drug FreeWorkplace Act of 1988.(13) The District reserves the sole right to interpret all provisions of this policy andtake all appropriate actions within its sole discretion and judgment under DistrictPolicy.(14) Additionally, these rules may apply to any contractor used by the District and toany employee of that contractor working on the premises or operating theequipment of the District.(15) In addition, outside conduct of a substance abuse-related nature which affects anemployee's work, or which reflects badly on the District, is prohibited.(16) The District under its own authority may conduct non-DOT tests on DOTcovered employees, non-DOT employees, and applicants.Engaging In Any "Violation" Conduct As Noted Above Will Subject An Employee ToImmediate Termination.As a means of maintaining the District's policy, we have implemented pre-employmentand active employee drug testing as further described in this Drug and AlcoholProgram Testing Program Policy and Procedures Manual. Copies of this manual will bePage 7 of 28


available for inspection by all final applicants and employees, and employees willparticipate in a regularly scheduled educational program on substance abuse and theDistrict’s policies on substance abuse. All announcements for job positions to be filledwill include notice of the District's testing policy, and copies of this policy statement andmanual will be kept in the office of the DER and made available during regularbusiness hours for review by all prospective job applicants or current employees.Continuing notice of this policy is posted.It is the responsibility of the District's supervisors to counsel employees wheneverthey see changes in performance or behavior that suggest an employee may have adependence on or addiction to alcohol or other drugs. Although it is not thesupervisor's job to diagnose personal problems, the supervisor should encouragesuch employees to seek help in overcoming the problem and advise them aboutavailable resources for such help. Everyone shares responsibility for maintaining asafe work environment, and co-workers should encourage anyone who has a drugproblem to seek help.The goal of this policy is to balance our respect for individuals with the need tomaintain a safe, productive, and drug-free environment. The intent of this policy is tooffer a helping hand to those who need it, while sending a clear message that theillegal use of drugs and the abuse of alcohol are incompatible with employment withthe District. Anyone coming forward and requesting help prior to being called fortesting will not be subject to adverse employment action.The District encourages all employees to report incidents of use, possession, orcoworkers appearing to be adversely affected by alcohol and/or drug use while onDistrict property or property leased by or under the control of the District. Incidents oftrafficking, sales, or distribution or unauthorized use or possession of illegal orunauthorized drugs or alcohol by employees while engaged in District business or onDistrict property should also be reported.This policy is implemented to comply with the requirements of 49 CFR Part 40, 49 CFRPart 382 and other applicable DOT regulations.In addition, this policy is implemented to substantially comply with applicableMichigan statutes pertaining to unemployment benefits qualifications.The District reserves the right to alter, amend, or supplement the terms and conditionsof this Drug and Alcohol Testing Program Policy and Procedures Manual toaccommodate changes in current state and Federal regulations, insurancerequirements, state or local laws and regulations, testing technologies, orcircumstances which impact District practices and policies or industry standards.1. Department of Transportation RegulationsThe District’s policy requires that employees having a Commercial Driver's License(CDL) and participating in safety-sensitive driving, as well as those performing othersafety-sensitive activities regulated by DOT be subject to urine drug testing andbreath alcohol testing.This Drug and Alcohol Testing Program Policy and Procedures Manual is applicableto all employees of the District who perform safety-sensitive activities regulated by theDOT.Page 8 of 28


This Drug and Alcohol Testing Program Policy Statement and Procedures Manualspecifically notifies all employees that the unlawful manufacture, distribution,dispensing, possession, or use of a controlled substance is prohibited while on the jobor on the District's property. Further, this manual notifies employees in safety-sensitivepositions that the use of a prohibited drug at any time, whether on duty or off duty, isforbidden. Additionally, the consumption of alcohol (whether as a beverage or in amedicinal formulation, and also to include methanol and isopropyl) is prohibited whileperforming a safety-sensitive activity or within four (4) hours before performing asafety-sensitive activity, or within eight (8) hours following an accident to which theemployee's behavior may have contributed, or after having been notified to report toduty for any reason.2. Commercial Drivers' LicensesIt is the policy of the District that persons having a CDL and participating in driving aCommercial Motor Vehicle are considered in safety-sensitive positions and are subjectto drug testing and alcohol testing. The Omnibus Transportation Employee Testing Actof 1991 requires alcohol and drug testing of safety-sensitive employees in aviation,motor carriers, railroad, and mass transit industries. This policy is based upon said Actand the relevant federal regulations applicable to the Act. As a condition ofemployment, the District reserves the right to require all employees having a CDL andparticipating in driving pursuant to their duties, or performing other safety-sensitiveactivities regulated by DOT, to submit at any time to drug and/or alcohol testing todetermine the presence of prohibited substances.3. Adverse Personnel Action-DOTThe DOT Anti-Drug and Alcohol Misuse Prevention regulations do not provide authorityfor the District to take an adverse personnel action against an employee based solelyon the employee's behavior or appearance in the absence of a drug or alcohol test.This does not prohibit the District within its authority independent of federal regulationsfrom taking any adverse personnel action up to and including termination for anyreason not otherwise prohibited.4. Adverse Personnel Action-State LawThe District does not specifically derive authority from those statutes to take an adversepersonnel action against an employee based solely on the employee's behavior orappearance in the absence of a drug or alcohol test. However, these provisions do notprohibit the District within its authority independent of those statutes from taking anyadverse employment action up to and including termination for any reason nototherwise prohibited or restricted by state or local laws or regulations.5. Applicable Federal RegulationsThis policy was developed in conformance with the following federal rules andregulations:a. Department of Transportation, 49 CFR Part 40:Procedures for Workplace Drug and Alcohol TestingPrograms.b. Federal Motor Carrier Safety Administration, 49 CFR Part 382.c. Other applicable DOT regulations.These regulations apply to the District because the District provides safetysensitiveactivities regulated by the Department of Transportation (DOT).Page 9 of 28


6. Applicable State or Local Laws or RegulationsThis policy was developed for the District’s substantial compliance with Michiganstatutes pertaining to unemployment benefits qualifications. Federal regulationspreempt any inconsistent state or local law or regulation as to DOT regulatedemployees.7. The District Reserves Right to Conduct Non-DOT Drug and Alcohol TestingIn addition to drug and alcohol testing conducted by the District pursuant to 49 CFRPart 40, the District reserves the right to screen and/or test employees under theDistrict's Drug Free Workplace Policy including, but not limited to, laboratory testing andpoint of collection test (POCT) devices utilizing any and all types of alternative bodyspecimens including urine, oral fluid (saliva), hair, blood or sweat for the detection ofillegal drugs and/or alcohol as may be permitted by applicable state or local laws orregulations. These collections will be performed in addition to, and not as a substitutefor, DOT regulated tests and these specimens will not be poured from or taken from thesame specimen collected for a DOT urine test or alcohol test [40.13] and will not beconducted using DOT forms [40.47,40.227].For purposes of the District’s compliance with DOT testing requirements, such non-DOT tests will be considered as if no DOT test was conducted regardless of the resultof such test(s). Such screening and/or testing will be conducted in conformity with thedevice manufacturer's recommendations and such non-DOT screen and/or testprocedures may be used for pre-employment, random, reasonable suspicion, return toduty, follow-up and post-accident screening or testing. A non-negative, adulterated orsubstituted screening or testing result, or a refusal to submit to such screening ortesting using such alternative specimens or point of collection device(s), constitutesgrounds under the Drug Free Workplace Policy for the District under its own authorityto take disciplinary action against the employee, up to and including discharge, orfinding of "unqualified for hire" of an applicant. While no DOT related consequencesunder DOT Agency Regulations arise based on the results of a non-DOT test(s) orrefusal to submit to a non-DOT test [40.191], subsequent DOT testing may beconducted based on the results of the non-DOT screening and/or testing.Any drug or alcohol screen/test performed outside of DOT guidelines is not subject tothe DOT Employer Reporting requirements [40.25].8. Unemployment Compensation DisqualificationNotice is given that under Michigan laws, no unemployment benefits will be paid if theDriver is dismissed as the result of a positive confirmed laboratory test for drugs oralcohol; or if the Driver refuses to submit to testing for drugs or alcohol; or if the driveradulterates, substitutes or otherwise fails to cooperate in drug or alcohol testing as setforth in 49 CFR Part 40 and as set forth in Mich. Comp. Laws Ann. 421.29.9. Identification of Professional ResourcesA. Medical Review Officer:Robert J. Kantor, MD MPH MRO will verify all positive laboratory testresults in accordance with procedures set forth in 49 CFR Part 40.B. Designated Drug and Alcohol Testing Locations:As designated by the District, the Medical Review Officer or C/TP A.Page 10 of 28


C. Substance Abuse Professional(s):As may be available through Ulliance, Inc., formally Total EmployeeAssistance Management, Inc. (TEAM)Or designated by the MRO or DER(s), or found on the Substance AbuseProfessional Resources list.D. Laboratory:The District’s MRO, in conjunction with the District’s DER, shall from timeto time choose an appropriately DHHS certified testing laboratory(ies)utilizing DOT cut-off levels to receive and analyze test specimens.Confirmation testing for a positive result will be in accordance withprocedures set forth in 49 CFR Part 40.The DHHS certified laboratory utilized for the District’s testing program iscurrently:Clinical Reference Laboratory8433 QuiviraLenexa, KS 66215E. Drugs Tested For:The drugs for which tests are required under 49 CFR Part 40 and DOTAgency regulations are marijuana, cocaine, amphetamines, phencyclidine(PCP), opiates, and alcohol. Non-DOT screens and tests may includeadditional drugs and point of collection devices.F. Split Specimen Testing:If the analysis of the primary sample comes back positive, then theemployee has 72 hours to request of the MRO that the split specimen besent to another certified lab for analysis. The employee is not required topay for the test from his or her own funds before the test takes place. Ifthe split specimen test result is unchanged (positive, adulterated orsubstituted), the employee is responsible for reimbursing the District forthe cost of the second test and the amount will be deducted from theemployee's paycheck. [40.153 & 40.173]Split Sample Testing will be performed at the following DHHS certifiedlaboratory:Quest Diagnostic Laboratories10101 Renner BlvdLenexa, KS 66219G. Confidentiality:Information obtained by the DER is to be maintained in a confidentialmanner as provided for in the manual10. Drug/Alcohol TestingEmployees falling under DOT regulated classifications will be tested as provided for inthe applicable regulations. Under the District’s Policy, any final applicant or employeePage 11 of 28


in a CDL position shall be requested to undergo drug/alcohol testing as set forth in thispolicy. The following are the five circumstances when the District will screen or test fordrugs or alcohol:A. Pre-employmentPre-employment substance screening or testing will be performed on allfinal applicants seeking DOT regulated safety-sensitive positions as acondition of their employment at the District. Such screening or testingmay be required as part of a fitness-for-duty physical exam for thosesafety-sensitive job positions that would require such an exam. Presentemployees who transfer into a safety-sensitive position with the Districtwill also be required to complete a pre-employment substance screen ortest.Applicants must sign a Pre-Employment Substance Testing ConfirmationForm, before voluntarily submitting to initial screening or testing. TheDistrict shall inform final applicants for safety-sensitive positions that anyoffer of employment is conditioned upon the District receiving a verifiednegative test result.Any job offer will be withdrawn if the applicant engages in conduct thatwould be classified as a "violation" of the District’s policy or refuses toexecute the required confirmation form.Applicants will also be provided with access to a copy of the District’sPolicy. An applicant who decides not to cooperate in the pre-employmentscreening or testing or who is unwilling to acknowledge the District'spolicy on drug and alcohol screening or testing may withdraw his/herapplication, and will not be considered for employment.B. Reasonable SuspicionAn employee must submit to a reasonable suspicion drug and/or alcoholtest whenever a supervisor or manager has reasonable suspicion tobelieve that the employee has violated the drug or alcohol prohibitionscontained in this policy. Reasonable suspicion determinations will bebased on specific, contemporaneous, articulable observations concerningthe employee, including but not limited to, the employee’s appearance,behavior, speech or body odors. For drug testing, the observations mayalso include indications of the chronic and withdrawal effects of drugs.Documentation of the observations leading to a reasonable suspicion testwill be prepared and signed by the supervisor or manager who made theobservations. The supervisors and managers who will make reasonablesuspicion determinations for “safety sensitive employees” have receivedtraining on alcohol misuse and controlled substances use in accordancewith the FMCSA’s regulations. The particular supervisor or manager whomakes a reasonable suspicion determination will not conduct the drug oralcohol test.Page 12 of 28


An employee who is directed to take a reasonable suspicion drug and/oralcohol test must submit to the test as directed. The District shalltransport or ensure transport of the employee both to and from thecollection site.An employee who is requested to submit to a reasonable suspicion drugand/or alcohol test will be suspended after the completion of the tests.The District also reserves the right to evaluate the conduct of theemployee which warranted the reasonable suspicion drug or alcohol teststo determine if the conduct in and of itself should warrant discipline, up toand including termination.Investigation/Searches: Where a supervisor has reasonable cause tosuspect that an employee has violated this substance abuse policy, theDistrict reserves the right for a supervisor to inspect lockers, work areas,desks, cabinets, purses, bags, briefcases, tool boxes, or otherbelongings, and vehicles (including personal vehicles which an employeebrings onto the District's property), on the District's property or atlocations where work-related activities are being conducted, without priornotice, in order to ensure a work environment free of prohibitedsubstances. An employee may be asked to be present and remove apersonal lock. Where the employee is not present, or refuses to removea personal lock, the DER(s) will do so for him or her. The District mayrelease any illegal, or controlled drugs, or paraphernalia to appropriatelaw enforcement authorities.All searches shall be coordinated with the DER(s).C. Post-Accident(1) As soon as practicable following an occurrence involving a commercialmotor vehicle operating on a public road in commerce, the District shalltest for alcohol for each of it’s surviving drivers:(a) Who were performing safety-sensitive functions with respect tothe vehicle, if the accident involved the loss of human life; or(b) Who receives a citation within 8 hours of the occurrence underState or local law for a moving traffic violation arising from theaccident, if the accident involved:(i) Bodily injury to any person who, as a result of the injury,immediately receives medical treatment away from thescene of the accident; or(ii) One or more motor vehicles incurring disabling damageas a result of the accident, requiring the motor vehicle to betransported away from the scene by a tow truck or othermotor vehicle.Page 13 of 28


(2) As soon as practicable following an occurrence involving a commercialmotor vehicle operating on a public road in commerce, the District shalltest for controlled substances for each of it’s surviving drivers:(a) Who were performing safety-sensitive functions with respect tothe vehicle, if the accident involved the loss of human life; or(b) Who receives a citation within thirty-two hours of the occurrenceunder State or local law for a moving traffic violation arising fromthe accident, if the accident involved:(i) Bodily injury to any person who, as a result of the injury,immediately receives medical treatment away from thescene of the accident; or(ii) One or more motor vehicles incurring disabling damageas a result of the accident, requiring the motor vehicle to betransported away from the scene by a tow truck or othermotor vehicle.(3) Time and Authority for Post-Accident TestingAlcohol Tests: If a test required by this section is not administeredwithin two hours following the accident, The District shall prepareand maintain on file a record stating the reasons the test was notpromptly administered. If a test required by this section is notadministered within eight hours following the accident, The Districtshall cease attempts to administer an alcohol test and shallprepare and maintain the same record. Records shall besubmitted to the FMCSA upon request.Employees are required to refrain from consuming alcohol from thetime when they gain actual knowledge of the accident or arenotified of the accident until they complete a post-accident alcoholtest or until eight (8) hours have elapsed since the time of theaccident.Controlled Substance Tests: If a test required by this section is notadministered within 32 hours following the accident, The Districtshall cease attempts to administer a controlled substances test,and prepare and maintain on file a record stating the reasons thetest was not promptly administered. Records shall be submitted tothe FMCSA upon request.(4) A driver who is subject to post-accident testing shall remain readilyavailable for such testing or may be deemed by the District to haverefused to submit to testing. Nothing in this section shall be construed torequire the delay of necessary medical attention for injured peoplefollowing an accident or to prohibit a driver from leaving the scene of anPage 14 of 28


accident for the period necessary to obtain assistance in responding tothe accident, or to obtain necessary emergency medical care.(5) The District shall provide Drivers with necessary post-accidentinformation, procedures and instructions, prior to the driver operating acommercial motor vehicle, so that Drivers will be able to comply with therequirements of this section.(6) (a) The results of a breath or blood test for the use of alcohol,conducted by Federal, State, or local officials having independentauthority for the test, shall be considered to meet the requirements of thissection, provided such tests conform to the applicable Federal, State orlocal alcohol testing requirements, and that the results of the tests areobtained by the District.(b) The results of a urine test for the use of controlled substances,conducted by Federal, State, or local officials having independentauthority for the test, shall be considered to meet the requirements of thissection, provided such tests conform to the applicable Federal, State orlocal controlled substances testing requirements, and that the results ofthe tests are obtained by the District.The District will discharge any employee who fails to report an accidentwhere required by this policy as if it was a refusal to test.D. RandomEach year the District will administer random alcohol and drug tests.Random drug tests may be conducted at any time. Random alcohol testsfor “safety sensitive employees” will only be conducted while an employeeis available to perform safety-sensitive functions, just before the employeeperforms safety-sensitive functions, or just after the employee has ceasedperforming safety-sensitive functions.The District shall select employees for testing using a computer-basedrandom number generator that is matched with the employees’ socialsecurity numbers, or other comparable identification numbers which willensure that each employee has an equal chance of being tested eachtime selections are made.All random tests will be unannounced and the dates for administering thetests will be spread reasonably throughout the calendar year. The datesof random testing, locations and names of those to be tested are kept inthe strictest confidence by the Program Administrator and the specimencollector.Each employee who is notified of selection for random drug or alcoholtesting must proceed to the test site immediately. Employees who do notproceed to the test site immediately upon notification of the test shall beconsidered to have refused to submit to the test.Page 15 of 28


E. Return to Duty and Follow-upThe District is not obligated to reinstate or rehire any employee whoviolates any FMCSA, DOT or District prohibition or requirementconcerning drugs or alcohol.All Return to Duty and Follow-up Testing will be performed inaccordance with 49 CFR Part 40 Subpart O.F. Fitness-For-Duty Physical ExamAll employees who are required by DOT regulations or District policy toundergo regularly scheduled fitness-for-duty physical examinations in thecourse of their employment will undergo substance screening as part ofsuch a routine examination. Such tests will be performed as non-DOTtests.G. Self-IdentificationIt is not the intent of the District to cause undue hardships, prolongsuffering caused by dependence to controlled substances or alcohol orinvoke unreasonable disciplinary action. We are, however, responsiblefor the actions of our employees during the scope of their employment.For us to allow employees with verified urine drug test results orprohibited alcohol levels as indicated by evidential testing to continue towork, places us in the position of possible negligent retention. As a result,we are urging any of our employees who believe they may have aproblem to come forward before the next testing event takes place.Those who voluntarily come forward before being detected and identifiedas a result of a DOT or District mandated test can expect:(1) Complete and total confidentiality, and(2) Prompt referrals to certified and licensed substance abuseprofessionals capable of:(a)requiredProviding accurate and clinically sound assessments, and if(b) Referrals to licensed and experienced employee assistanceproviders, and(c) Meeting the certification standards of the United StatesDepartment of Transportation(3) Reasonable expectations of return to duty provided:(a)andAll terms and conditions of any treatment plan are fully met,Page 16 of 28


(b) We can continue to insure the subject employee in theirprevious capacity, and(c) The employee is capable of holding a current licenseallowing them to retain employment in that classification consistentwith appropriate Federal Regulations as contained in 49 CFR, Part382, and(d) The employee is not medically disqualified from performingany Federal Motor Carrier Safety Administration-defined safetysensitive function.Page 17 of 28


Drug Educational InformationAlcohol - DepressantCommon Forms:How Used:Desired Effect:Time in Body:Observable Effects:Work Behavior:Material Indicators:Slang TermsBeer, wine hard liquorOral ingestionPeople drink to relax, to socialize, as a part of a religiousceremony, for the control of physical and emotional pain, orfor a variety of other reasons. Its depression of the centralnervous system is progressive and continuous. It is amood-modifying drug that usually provides a temporaryfeeling of mild euphoria and stimulation. This is a result ofthe initial depression of the higher centers of the brain whichcontrol inhibition. The more you drink, the more sedatedyou become.Depends on many factors, such as body size, amount ofalcohol consumed within an hour and other individualfactors. Performance is affected in relation to the amountconsumed. Generally, a medium-sized person eliminatesthe equivalent of one drink per hour. However, “hangover”effects of alcohol have been documented for as long as 14hours after consuming an intoxicating dose, well after theblood alcohol levels have returned to zero.Staggering gaitSlurred speechOdor of alcoholic beverageShaky handsPoor eye-hand coordinationSlowed reaction timeEyes react slowly to light – wears sun glassesArrive late, leave early, misses outNeglect of physical appearanceRestlessnessTremors (hands, face, fingers, lips, tongue)Slurred speechUninhibited – makes inappropriate remarksEmpty liquor bottles, cans, often in paper bagsFlasks, sometimes disguised as other thingsBooze, juice, hooch, grape, eye-opener, hair-of-the-dog,brew, subs, etc.Page 18 of 28


Amphetamines(Amphetamine and Methamphetamine)Common Forms:How Used:Desired Effects:Time in Body:Observable Effects:Work Behavior:Material Indicators:Slang Terms:Amphetamine – usually capsules or white, flat, doublescoredpills. Methamphetamine – white or granular powder,often packaged in aluminum foil or plastic bags.Orally, sniffed up the nose, or injected.Most commonly sought after effects include euphoria,postponement of fatigue, increased energy, alertness andfeelings of personal power. Repeated or chronic use oftencauses a strong dependence reaction and a schizophrenicloss of contact with reality. Users coming off the drugexperience extreme fatigue-induced sleep (“crash”), oftenfollowed by continued fatigue and depression.Injection or sniffed up the nose, “rush” felt within one minute.Orally, effects felt with about one hour. Single dosesdetectable for about 48 hours.Dilated pupils, flushed face, rapid respiration, profusesweating, hyper-excitability, talkativeness, restlessness.Stereotypical behavior often seen: person engages inrepetitive tasks or mannerisms for extended periods of time.In large doses, inability to concentrate, confusion, panic.Trying to do job beyond competence level. Impaired abilityto operate equipment. Takes chances, risks.Pills, capsules, white powder, granular crystalsFoil wrapped tubes, baggiesHypodermics and paraphernalia for injection.Defies, bennies, speed, crank, ice, crystal, white crosses,and black beauties.Cocaine – A StimulantCommon Forms:How Used:Cocaine – white crystalline powder. Free-base cocaine(crack) – white granular “rocks”.Cocaine usually snorted up the nose through a straw orbottom of a “coke spoon” after being chopped to a finepowder with a razor blade. “Crack” – freebase cocaine, is aprocessed version which is vaporized in a pipe and inhaled.Either form may also be injected.Page 19 of 28


Desired Effect: Most commonly sought after effects are euphoria,stimulation, postponement of fatigue and feelings ofpersonal power. The “high” lasts approximately one hourwith a “down” follow-up period. Psychological and physicaldependence to “crack” after one to two uses; dependency tosnorted coke takes longer to develop.Time in Body:Observable Effects:Work Behavior:Material Indicators:Slang:Single doses detectable for 12-24 hours.Dilated pupils, talkativeness, restlessness, sniffing, runnynose, irritated or bloody nose. Dramatic mood swings, from“down” to “up” in minutes. Sense of power sometimesmanifested in aggressiveness.Frequent trips “to the restroom” – secluded place. Frequentsick-outs and unexplained absences. Hyper-excitability andover-reaction to stimulus. Isolation/withdrawal from friendsand activities. Financial problems – borrows, steals and/orsells to support habit. Insomnia, restlessness, lack of sleep.Small folded paper envelopes (bindles), plastic bags, smallvials used to store drug. Razor blades, mirrors, cut offstraws, coke spoons. Small glass pipes and heat sourcesused to volatize crack.Coke, snow, toot, crack, blow, happy dust, “C”MarijuanaCommon Forms:How Used:Desired Effect:Dried green-brown flowers and leaves of the hemp(cannabis) plant—also as compressed tar like lumps(hashish) and sometimes as an oil to be spread oncigarettes (hash-oil)Generally smoked in hand-rolled cigarettes (joints) or asmall pipe, sometimes eaten in baked goods or steeped tomake a tea.Effects are somewhat dependent on the user and potency ofthe plant. Low doses tend to produce a dreamy state ofrelaxation and euphoria with changes in sensoryperceptions (usually intensified) and alteration in thoughtformation and expression. Higher doses intensify thesereactions with fragmentation of thought, memoryimpairment, shortened attention span, and illusions ofinsight. Marijuana currently sold on the street is 10 timesmore potent today than in past years.Page 20 of 28


Time in Body:Observable Effects:Work Behavior:Material Indicators:Slang:Marijuana dissolves in body fat cells and is detectable forextended periods of time-up to seven (7) days for occasionalusers and four (4) weeks or longer for chronic users.Red bloodshot glassy eyes (users often wear dark glassesand use eye drops to combat). Poor muscular control.Rambling, disconnected speech patterns. Euphoria – aslaughing out of context. Getting “hung-up” – i.e. going intothe bathroom to comb your hair and coming out two hourslater. Distinctive odor in air and/or on clothing.Lack of attention, vision and auditory changes, and/ormuscular control. Inability to respond to emergencies andsudden situational changes. Frequent sick-outs and missouts.Lackadaisical “I don’t care” attitude about person andwork. Chronic health problems for frequent users-persistentcough, fatigue, frequent sickness.Baggies of green-brown vegetable matter, rolling papers,small pipes (for marijuana) and very small pipes ( forhashish), “roach clips” to hold the burned end of themarijuana cigarette, “roaches” discarded on the floor or inash trays, distinctive odor of marijuana in the air.Dope, grass, reefer, weed, ganja, pot, etc.Opiates (Morphine and Codeine) – Narcotic DepressantsCommon Forms:Street forms are pills, liquids and/or powders. Morphine isderived from opium. Opium dissolved in alcohol, containing10% morphine, is legally available in many states as“paregoric.”Morphine and codeine are widely used medicinally.Morphine is a naturally occurring alkaloid, and is also foundin products containing poppy seeds. Heroin is a semisyntheticderivative of morphine.How Used:Desired Effect:Time in Body:Opium is usually smoked. Codeine is most commonly takenorally. Heroin and morphine are injected; powders can besnorted; cigarettes can be dipped in paregoric and smoked.Most common effects include euphoria, relief from pain, anda feeling of dissociated well-being. Low maintenance dosesallow the addict to function on a daily basis. The heroin userexperiences a ‘rush’ described as a very pleasurable wholebody reaction lasting 5-10 minutes, followed by severalhours of mental and physical relaxation.Single doses are usually detectable for 48-72 hours.Page 21 of 28


Observable Effects:Work Behavior:Material Indicators:Slang:Pinpoint pupils, sweating, nausea, vomiting in novice users.“Nodding off” – the head drooping toward the chest, thenbobbing up. Overly calm, detached facial expression,confusion, mental dullness and slurred speech. Needlemarks over veins.Increased sick-outs, miss-outs. Lack of interest in work, noattention to detail. Sharing of needles brings a high risk ofcontracting hepatitis and/or AIDS. High cost of the addictionmay lead to borrowing money, stealing and selling (on or offthe premises).Foil or paper “bindles” for holding the drug. Charred spoonsor bottle caps, used to cook the drug. Multiple burnedmatches used to cook the drug. Needles, syringes, eyedroppers used for injection. Balloons or prophylactics usedto hold drug. Bloody tissue papers, blood on shirt sleeves.Heroin, dope, smack, shit, hard stuff, “H”, china, monkeydust, china white, etc.Phencyclidine (PCP)Common Forms:How Used:Desired Effect:Time in Body:Observable Effects:Pills, liquid, powder, and PCP cigarettes.Usually smoked with tobacco or marijuana, but may beinjected, swallowed, eaten or snorted.Users report desirable feelings of immobility, numbness, anddetachment. Other sought-after effects include feelings ofstrength, power, and invulnerability, a dream-likedetachment from reality (often coupled with lack ofcoordination).Usually detectable 1 – 8 days, but chronic users may testpositive for several weeks following the last dose.Low doses: sedated, euphoric, uncoordinated behavior.Wide mood swings, sparse and purposeless speech, musclerigidity and jerky eye movements (nystagmus).High doses: coma-like states with muscle rigidity andstaring, half-closed eyes. Sudden stimuli may send the userinto a psychotic state, with extreme agitation, violentbehavior, abnormal strength, and inability to speak orcomprehend.Work Behavior:Wide mood swings, unpredictable behavior, aggressive.Tremendous liability in the work force.Page 22 of 28


Material Indicators:Slang:Cigarettes that look as if they have been wet. Crystals,liquids or powders in small vials. Folded aluminum foil orpaper packets.PCP, angel dust, hog, dust, DOA, shermans, sherms, peacepills, dummy, etc.Page 23 of 28


ResourcesSeeking Help Voluntarily & ConfidentiallyEmployees with a drug or alcohol problem are encouraged to voluntarily andconfidentially seek help on their own. Seeking help is supported and encouraged. Ifyou seek help before the problem interferes with your work, you are not in violation ofthe drug-free work policy.If you are concerned about a co-worker, a friend, or a family member, contact one ofthe following national organizations that offers help and support.National ResourcesCommunity Anti-Drug Coalitions of America…………………… 800-54-CADCADDW represents a network of coalitions operating around the United States that offersupport to employer’s operations of drug-free workplaces. www.cadca.orgDrug-Free Workplace Helpline…………………….………..………800-967-5752The Center for Substance Abuse Prevention (CSAP) offers telephone consultations tobusiness owners, managers and union leaders on the development/implementation ofa comprehensive drug-free workplace program. This CSAP Helpline will also serve asa resource for networking with local, state, federal or national contacts. This numbermay roll over shortly to another number or provide additional information.www.samsha.govEmployee Assistance Professionals Association (EAPA)…703-522-6272This organization provides information on how to qualify and select EAP’s. Theirvalue, how they operate and how to find quality national, regional, and local providers.www.eapa.comNational Clearinghouse for Alcohol and Drug Information (NCADI)…………….………………………………………………………………………….800-729-6686The NCADI – an operational unit of SAMHSA, the Substance Abuse and MentalHealth Services Administration, and part of the U.S. Department of Health and HumanServices – provides information on all aspects of substance use, such as videos,prevention materials, specific program descriptions and the latest research results.Many publications and educational material are free. All publications are in the publicdomain allowing you to reprint them under your logo without permission. Call NCADIfor a catalog of resources. www.ncdai.samsha.govOffice of the Secretary of Transportation (DOT)…………..………202-366-2096FMCSA Drug Enforcement and Program Compliance, www.dot.govPage 24 of 28


Room W63-3101200 New Jersey Ave., SEWashington DC 20590Office of the Secretary of Transportation (DOT)…………..………202-267-8442FAA Drug Abatement Division, Rafael RamosRoom 803 (AAM-800)Independence Ave, SWWashington DC 20591Substance Abuse Program Administrators Association…….……800-672-7229This organization can help with a variety of information including guidelines andnetworking to third party administrators of testing, collection sites and substanceabuse professionals (SAP’s).www.sapaa.comSoutheastern Detroit - Substance Abuse Professional: ………. . 248-649-3992U.S. Department of Health & Human Services.............................301-443-6014For the most updated list of DHHS-certified labs. www.hhs.govU.S. Department of Transportation’s (DOT) Office of Drug and Alcohol Policy andCompliance (ODAPC) …………………..……………………………800-225-37841200 New Jersey Avenue SEWashington, DC 20590 www.dot.gov/ost/dapc/indexNational Council on Alcoholism and Drug Dependencewww.ncadd.org…………………...………......................................212-269-7797Center for Substance Abuse Hotline……………...….…800-662-HELP English(National Drug Information, Treatment & Referral)……800-66AYUDA SpanishAlcohol Hotline………………………………………………………..800-252-6465Cocaine Hotline……………………………………………………….800-262-2463Integrity Testing & Safety Administrators, Inc. ……………………586-991-0000Twelve-Step ProgramsThe twelve-step program offers confidential help to substance abusers and thosewhose lives they affect. They have local chapters in most communities and offerscheduled meetings and inexpensive publications. The following organizations refercallers to local support services nationwide.Alcoholic Anonymous 215-574-6900Page 25 of 28


Cocaine Anonymous 800-347-8998212-262-2463Narcotics Anonymous 818-773-9999800-344-2666Al-Anon and Al-Ateen 800-344-2666Page 26 of 28


<strong>Farmington</strong> <strong>Public</strong> <strong>Schools</strong>NOTICE TO DESIGNATEDEMPLOYER REPRESENTATIVEAll previous pages are to be given to theemployees and made available to applicantsincluding:Cover PageTable of ContentsLetter to Applicants and EmployeesPolicy StatementDrug Educational InformationSubstance Abuse ProfessionalsDisclaimer: The information contained in these materials, is not, nor is it intended to be, legal advice. Theapplication and impact of laws can vary widely based on the specific facts involved. You should consult anattorney for individual advice regarding your own situation.ADMINISTRATIVE PROCEDURE #<strong>4022</strong> FOR POLICY #<strong>4022</strong>05/05/09Revised and Reviewed 04/24/12Page 27 of 28


Opioids Oxycodone (Oxycontin, Percodan, Percocet) Propoxyphene (Darvon) Hydrocodone (Vicodin, Lortab, Lorcet) Hydromorphone (Dilaudid) Meperidine (Demerol) Diphenoxylate (Lomotil) Morphine (Kadian, Avinza, MS Contin ) Codeine Fentanyl (Duragesic) MethadoneGenerally Prescribed For:In The Body:Opioids attach to opioid receptors in the brain andspinal cord, blocking the perception of pain.Effects of Short-term Use:Effects of Long-term Use:Possible Negative Effects:Should Not Be Used With OtherSubstances that Cause CNS Depression,Including:• Alcohol • AntihistaminesPost surgical pain reliefManagement of acute or chronic painRelief of cough and diarrheaAlleviates PainDrowsinessConstipationDepressed respiration (depending on dose)Potential for physical dependence andaddictionSevere respiratory depression or deathfollowing a large single doseBarbituratesBenzodiazepinesGeneral anestheticsS o m e C o m m o n l y P r e s c r I b e d M e d I c a t I o n s:Use and Consequences XX/XX/XXCNS DepressantsBarbiturates Mephobarbital (Mebaral) Pentobarbital sodium (Nembutal)Benzodiazepines Diazepam (Valium) Chlordiazepoxide hydrochloride (Librium) Alprazolam (Xanax) Triazolam (Halcion) Estazolam (ProSom) Clonazepam (Klonopin) Lorazepam (Ativan)Generally Prescribed For:Effects of Short-term Use:A “sleepy” and uncoordinated feeling during thefirst few days; as the body becomes accustomed(tolerant) to the effects, these feelings diminishPossible Negative Effects:Should Not Be Used With Other Substancesthat Cause CNS Depression:AnxietyTensionPanic AttacksAcute Stress reactionsSleep disordersAnesthesia (at high doses)In The Body:CNS depressants slow brain activity throughactions on the GABA system, producing a calmingeffect.Effects of Long-term Use: Potential for physical dependence and addictionSeizures following a rebound in brain activity afterreducing or discontinuing useAlcoholPrescription opioid pain medicinesSome OTC cold and allergy medicationsPage 28 of 28StimulantsGenerally Prescribed For:In The Body:Stimulants enhance brain activity, causing an increasein alertness, attention, and energy.Effects of Short-term Use:Effects of Long-term Use:Potential for physical dependence andaddictionPossible Negative Effects:Dangerously high body temperature or anirregular heartbeat after taking high dosesCardiovascular failure or lethal seizuresFor some stimulants, hostility or feelings ofparanoia after taking high doses repeatedly overa short period of timeShould Not Be Used With:Dextroamphetamine (Dexedrine and Adderall)Methylphenidate (Ritalin and Concerta)NarcolepsyAttention-deficit hyperactivity disorder(ADAH)Depression that does not respond to othertreatmentsElevated blood pressureIncreased heart rateIncreased respirationSuppressed appetiteSleep deprivationOTC decongestant medicationsAntidepressants, unless supervised by aphysicianSome asthma medicationPage 28 of 28

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