Paratransit Services

Transcription

1 Revised: January 2016 CONTRACTOR FOR: Calaveras County Lake County Lassen County Nevada County (Gold Country Lift) Tehama County (Red Bluff) Truckee (Town of Truckee) Willows (Glenn County)

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3 PARATRANSIT SERVICES DRUG AND ALCOHOL POLICY REV. JANUARY 2016 SUMMARY OF CONTENTS PAGE(S) Appendix A, Responsible Parties Appendix B, Job Titles, Duties and Testing Authority DOT Recreational Marijuana Use Notice Confirmation of Receipt/Acknowledgment Form 쳠 Ң NOTICE All provisions, except where otherwise indicated* in the Paratransit Services set forth in bold face print are consistent with requirements specifically set forth in 49 Part 655 or Part 40, as amended. Provisions set forth in the Drug-Free Workplace Act (49 CFR Part 29) are delineated in italics. All other provisions are set forth under the authority of Paratransit Services. *Note: Policy bold face print provision does not apply in Table of Contents and used only to emphasize sections. i

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5 Table of Contents Page I. Notice of Testing... 1 II. Intent... 1 III. Purpose of Employee Drug and Alcohol Testing... 1 IV. Applicability... 2 V. Prohibited Substances... 2 Illegally Used Controlled Substance or Drugs... 2 Over-The-Counter & Prescription Drugs... 2 Alcohol... 3 VI. Prohibited Behavior... 3 VII. Definitions... 3 VIII. Circumstances of Drug and Alcohol Testing... 7 Pre-employment Testing... 7 Post-accident Testing... 7 Reasonable Suspicion Testing... 9 Random Testing Zero Tolerance Policy Voluntary Rehabilitation Policy Return-to-duty Testing Follow-up Testing Other Conditions for Hire or Transfer to a Safety-Sensitive Position IX. Training X. Substances to be Included in Testing XI. Drug Testing Procedures XII. Drug Testing Cutoff Levels Initial Test Confirmation Test Split Sample Testing XIII. Effects of Alcohol Signs and Symptoms of Use Health Effects Social Issues Workplace Issues The Annual Toll Intervention XIV. Alcohol Testing Procedures Screening Test Confirmation Test XV. Consequences of a Positive Test/Refusal to Test or Non-Negative Test Result XVI. Behavior That Constitutes A Refusal To Test ii

6 XVII. Test Results Reporting, Recordkeeping, And Confidentiality A. Retention of Records B. Management Information System (MIS) Reporting C. Access to Facilities and Records D. Medical Review Officer (MRO) Notifications E. Medical Review Officer (MRO) Record Retention F. Release of Test Information XVIII. Condition of Employment XIX. Changes or Modifications XX. Voluntary Rehabilitation XXI. Contact Person XXII. Approval of Appendix A - Responsible Parties Appendix B - Job Title, Duties & Testing Authority DOT Recreational Marijuana Use Notice Confirmation of Receipt 耐 ӡ iii

7 PARATRANSIT SERVICES DRUG AND ALCOHOL POLICY I. NOTICE OF TESTING This will act as notice of Drug and Alcohol Testing as prescribed in the Omnibus Transportation Employee Testing Act of 1991, Department of Transportation (DOT) regulations Procedures for Transportation Workplace Drug and Alcohol Testing Programs 49 CFR Part 40 as amended, Prevention of Alcohol Misuse and Drug use in Transit 49 CFR part 655 as amended and, 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 Federal Transit Administration (FTA). These procedures incorporate those requirements for safetysensitive employees and others when so noted. Each employee will receive and sign for a copy of this Drug and Alcohol Testing Procedure. II. INTENT Paratransit Services is dedicated to providing safe and dependable transportation services to our passengers. Paratransit Services employees are our most valuable resource and it is our goal to provide a healthy, satisfying working environment that promotes personal opportunities for growth. In meeting these goals, it is our intent to: 陀 1. Assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; 2. Create a workplace environment free from the adverse effects of drug abuse and alcohol misuse; 3. Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; 4. To encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency, adversely affects their ability to perform their assigned duties; and 5. Fully comply with all Federal and Local laws and regulations. III. PURPOSE OF EMPLOYEE DRUG AND ALCOHOL TESTING This document provides a uniform procedure concerning the testing of employees or applicants for employment to detect individuals having drugs or alcohol in their system. The purpose of such testing is to provide, in the interest of the safety of employees, passengers, and the general public, work and service environments that are free from the effects of drug and alcohol misuse. Paratransit Services is committed to providing a safe work place for its employees that is free of the effects of substance abuse. Since Paratransit Services is involved in public service, the community depends on careful attention by all employees. Such attention can be affected by the use of drugs and/or alcohol. The use of any drug, including alcohol, can interfere with the safe and efficient functioning of Paratransit Services personnel, therefore, drug or alcohol abuse is a matter of Paratransit Services concern and will be dealt with in an appropriate manner. Page 1 of 28

8 Paratransit Services expects employees to report for work in condition to perform their duties. On-the-job-involvement with drugs and/or alcohol is a violation of Paratransit policy and Federal law. Paratransit Services also recognizes that employee off-the-job involvement with drugs and alcohol can have an impact on the work place and our ability to accomplish the goal of a safe, effective, drug and alcohol-free work environment. Paratransit Services holds a zero tolerance for violations of this alcohol and drug testing procedure. IV. APPLICABILITY These procedures apply to all safety-sensitive and non-safety-sensitive Paratransit Services employees operating under FTA and non FTA regulated contracts, including full-time and part-time employees, temporary employees, volunteers, contract employees and contractors when they are on Paratransit property or when performing any safety-sensitive functions. They also apply to off-site lunch periods or breaks when an employee is scheduled to return to work. Visitors, vendors, and contractor employees are governed by these procedures while on Paratransit Services premises and will not be permitted to conduct Paratransit Services business if found to be in violation of these procedures. A safety-sensitive function includes the operation of a Paratransit Services revenue service vehicle and (whether or not the vehicle is in revenue service), dispatch and maintenance of a revenue service vehicle or equipment used in revenue service, or operation of a nonrevnue service vehicle, when required to be operated by a holder of a Commercial Driver s License. A list of safety-sensitive positions is contained in the definition section of this policy. Note: A supervisor is safety-sensitive if they may be called on to perform safety-sensitive duties. V. PROHIBITED SUBSTANCES Prohibited substances addressed by these procedures include the following: 陀 Illegally Used Controlled Substances or Drugs Any illegal drug or substance identified in Schedules I through V Section 202 of the Controlled Substance Act (21 U.S.C. 812), as further defined by 21 CFR through This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine. Illegal use includes the use of any illegal drug previously listed, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. The use of the above drugs is prohibited at any time. Therefore, employees may be tested any time while on duty. Over-The-Counter & Prescription Drugs Employees who are taking prescription or non-prescription lawful drugs that may affect the performance of their job duties must report such usage to their immediate supervisor before beginning their workday. Use of such drugs on the job may be allowable if the medical review officer and attending physician have determined that the use of the drug is consistent with safe performance of the employee s duties and the drug is being used at the prescribed dosage. Page 2 of 28

9 Alcohol The use of beverages containing alcohol or other substances containing alcohol including medication, mouthwash, food, candy, or any other substance such that alcohol could be present in the body while performing Paratransit Services business is prohibited. VI. PROHIBITED BEHAVIOR A. Safety-sensitive and non-safety-sensitive employees shall not report for duty or remain on duty while having an alcohol concentration of 0.02 or greater. B. Safety-sensitive and non-safety-sensitive employees shall not possess alcohol while on duty or operating a revenue service vehicle. C. Safety-sensitive and non safety sensitive employees shall not consume alcohol while performing their safety-sensitive or non-safety-sensitive job functions. D. Safety-sensitive employees-paratransit Services shall prohibit the consumption of alcohol for the specified on-call hours of each covered employee, or non-safety-sensitive employees shall not consume alcohol within four hours of reporting for work. No employer having actual knowledge that a covered employee has used alcohol within four hours of performing a safety-sensitive function shall permit the employee to perform or continue to perform safety-sensitive functions. E. Safety-sensitive and non-safety-sensitive employees shall not consume alcohol within eight hours following an accident, or before undergoing 陀 a post-accident alcohol test, whichever comes first. F. Reporting for duty, remaining on duty, or performing safety-sensitive and non-safety sensitive functions after having tested positive for a controlled substance is prohibited. G. Using, manufacturing, distributing, dispensing or possessing controlled substances is prohibited. H. Refusal by a safety-sensitive or non-safety-sensitive employee to submit immediately to a required drug or alcohol test when directed is prohibited. All employees are required to notify Paratransit Services of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction. Failure to comply with this provision shall result in disciplinary action, up to and including discharge. Paratransit Services is dedicated to assuring fair and equitable application of the Drug and Alcohol Policy. Therefore, supervisors and managers are directed to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor or manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to and including discharge. VII. DEFINITIONS 1. Accident - An occurrence associated with the operation of a motor vehicle if, as a result: an individual dies, an individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident, or one or more of the vehicles involved incurs Page 3 of 28

10 disabling damage as a result of the occurrence and is transported away from the scene by a tow truck or another vehicle. 2. Alcohol - means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl or isopropyl alcohol. References to use or possession of any beverage, mixture or preparation containing ethyl alcohol (including any medication containing alcohol). 3. Alcohol Test - A test conducted by a Breath Alcohol Technician, or other person approved by the DOT rules, using a Breath Testing Device to measure the alcohol concentration in a volume of breath, or saliva. 4. Alcohol Use - The consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. 5. ATF means Alcohol Testing Form. 6. BAC A measure of the amount of alcohol contained in a subjects blood (e.g. Blood Alcohol Concentration). BAC is frequently calculated by measuring the amount of alcohol contained in a set volume of air exhaled from deep in the lungs. 7. Breath Alcohol Technician (BAT) - means an individual trained to proficiency and certified in the use of an evidential breath testing device. 8. CDL - means a Commercial Driver s License. 陀 9. Canceled Test - means a test that has a problem identified that cannot or has not been corrected or has been declared invalid by a Medical Review Officer (MRO). A canceled test is neither a positive or negative test. 10. CCF means Federal drug testing Custody and Control Form. 11. Confirmation Test - For alcohol testing, a confirmation test is a second test following an (initial) screening test which confirms the initial results by providing a quantitative measure of alcohol concentration within the subject. Confirmation must be by an Evidential Breath Testing (EBT) device listed on the National Highway Traffic Safety Administration s (NHTSA) Conforming Products List (CPL). For drug testing, a confirmation test means a second analytical procedure to identify the presence and quantity of a specific drug metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. Gas Chromatography/Mass Spectrometry (GC/MS) is the authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine. 12. Controlled Substances/Drugs - For purposes of these procedures, controlled substances or drugs are cocaine, marijuana, opiates, amphetamines, and phencyclidine, and any other drugs as may be added by Federal regulations at a later date. Page 4 of 28

11 13. Controlled Substance (Drug) Test - A method for determining the presence of controlled substances in a urine sample using a scientifically reliable method performed in accordance with procedures specified in 49 CFR DER Designated Employer Representative, which is an employee authorized by the employer to take immediate action(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 employer, consistent with the requirements of 49CFR Part 40, as amended. 15. DAPM - Drug and Alcohol Program Manager 16. DHHS - means the United States Department of Health & Human Services. 17. Direct Observation drug test A Direct Observation is a process of collection where a same sex observer must view the sample leaving the donors body and entering the collection container. Prior to providing the sample the donor must raise and/or lower clothing to allow the observer to verify no prosthetic or other devices intended to thwart the testing process. 18. DOT - means the United States Department of Transportation. 19. DILUTE - A urine specimen with creatinine and specific gravity values that are lower than expected for human urine. 20. Employee - means any person employed by Paratransit Services, or an applicant when sent for a pre-employment drug test. 陀 21. EAP - means an Employee Assistance Program made available by Paratransit Services to assist its employees in dealing with drug or alcohol dependency or other personal problems. 22. Evidential Breath Testing Device (EBT) - A device approved by the NHTSA and placed on NHTSA s Conforming Products list and used for the determination of the concentration of alcohol contained in the subject s blood. 23. Incident - Non-collision accident involving a passenger. If an individual falls as a result of vehicle operation and receives immediate a medical treatment away from the scene, a postaccident test is required unless the driver can be completely discounted as a contributing factor to the accident. 24. Medical Review Officer (MRO) - A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results, who has knowledge of and clinical experience in substance abuse disorders and has appropriate medical training to interpret and evaluate an individual s positive chemical test results, together with his or her medical history and any other relevant biomedical information. Only a MRO can certify a DOT drug test. 25. Monitor - Is someone who must be the same gender as the donor in a monitored collection procedure, who can observe sounds or other indications of an attempt to tamper with the collection process. A monitor, who is not also the collector, does not handle the urine specimen. Page 5 of 28

12 26. Non-negative Test Result (alcohol breath test result) - An alcohol breath test result from.02 up to and including.039 BAC. A BAC of less than 0.04 is not a positive test, but is a violation of Paratransit Services policy. 27. Performing a Safety-Sensitive Function - An employee is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, immediately available to perform, or immediately after ceasing to perform any safetysensitive function under an FTA or non FTA regulated contract. 28. Safety-Sensitive Function - Any of the following duties: operating a revenue service vehicle, including when not in revenue service (drivers and others required to operate revenue vehicles as part of their job duties), operating a non-revenue service vehicle when required to be operated by a holder of a Commercial Driver s License, controlling dispatch or movement of a revenue service vehicle (dispatchers or those who as part of their job duties fill in for a dispatcher), maintaining a revenue service vehicle or equipment used in revenue service (mechanics, service mechanics, service helpers). Note: A supervisor is considered to be safety-sensitive if they perform any of the above safetysensitive functions as part of their job duties. 29. Screening Test (also known as an initial test ) - In alcohol testing, a screening test means a procedure to determine whether an employee may have a prohibited concentration of alcohol in his or her system. In drug testing, a screening test means an immunoassay screen (or other DHHS-approved test) to eliminate negative urine specimens from further consideration. 30. Service Agent An individual other than 陀 the employer who provides 49 CFR Part 40 drug and alcohol related services to employers to include: Collectors, BAT/STT s, laboratories, MRO s, SAP s, and C/TPA s. The service agent may perform tasks needed by the employer to comply with DOT agency drug and alcohol regulations and is subject to the requirements and limitations of 49 CFR Part 40, as amended. 31. Split Sample An amount poured off from the original specimen and split into two separate containers. The split specimen may be tested when directed by the MRO to verify the original test results. 32. Substance Abuse Professional (SAP) - A licensed physician (medical doctor or doctor of osteopathy), a licensed or certified psychologist, social worker, employee assistance professional, state-licensed marriage and family therapist, or drug and alcohol counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/Alcohol and other Drug Abuse (ICRC) or by the National Board for Certified Counselors, Inc. and Affiliates/Master Addictions Counselor (NBCC)) with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol related disorders. 33. Validity Testing - The evaluation of the specimen to determine if it is consistent with normal human urine. Specimen validity testing will be conducted on all urine specimens provided for testing under DOT authority. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted. Page 6 of 28

13 34. Verified Negative (Drug Test Results) - A drug test chemical analysis result reviewed by a Medical Review Officer and determined to not be evidence of prohibited drug use. 35. Verified Positive (Drug Test Results) - A drug test chemical analysis result reviewed by a Medical Review Officer and determined to be evidence of prohibited drug use. VIII. CIRCUMSTANCES OF DRUG AND ALCOHOL TESTING Six drug and/or alcohol screening situations will be utilized by Paratransit Services. Pre-employment Testing: All safety-sensitive position applicants shall undergo DOT urine drug testing following the offer of employment or offer to transfer into a safety-sensitive position. Receipt of a verified negative drug test result is required prior to the performance of safety-sensitive functions. If the test is canceled, the employee or applicant must retake and pass the test with verified negative results before being hired or transferred. The employee or applicant must provide Paratransit Services with a signed written release requesting DOT drug and alcohol records from all previous, DOT-covered, employers that the employee or applicant has worked for within the last two years. Safety-sensitive employees, who have not performed a safety-sensitive function for 90 calendar days or more for any reason and have been out of the random pool during that time, must successfully pass a pre-employment drug test with verified negative results prior to the performance of a safety sensitive function. Dilute A positive dilute result will be treated as a verified 몀 positive. A negative pre-employment dilute result will require the safety-sensitive employee to undergo another test. The second test will be performed as soon as practical and with minimal advanced notification to the employee. This test will normally not be collected under direct-observation. If directed by the Medical Review Officer, the employee will be required to undergo another test under direct observation. In the event of a second negative pre-employment dilute, the test will be reported as negative. If the applicant or employee is a CDL holder the DAPM/DER will report positive drug and alcohol test results to the State Department of Licensing/Motor Vehicles as required by applicable State law. Paratransit Services is required to ask all applicants (including transferees) applying for a safety-sensitive position (even if ultimately not hired) if they have tested positive or refused to test on a pre-employment test for a DOT-covered employer within the last two years. If the applicant has tested positive or refused to test on a pre-employment (or any other testing category) test for a DOT covered employer, the applicant must provide Paratransit Services proof of having successfully completed a referral, evaluation, and treatment plan as described in 49 CFR Part subpart G. Post-accident Testing: Alcohol and drug testing will be conducted after accidents on safetysensitive and non-safety-sensitive employees for an accident involving a transit vehicle (even Page 7 of 28

14 if not in revenue service) if there was loss of life. This includes all surviving covered employees that were operating the vehicle at the time of the accident, or Non-fatal accidents resulting in an injury requiring immediate medical treatment away from the scene (including passenger incidents) unless the employee s performance can be completely discounted as contributing to the accident by the on-scene supervisor, or one or more vehicles incurs disabling damage where a vehicle must be towed from the scene unless the employee s performance can be completely discounted as contributing to the accident by the on-scene supervisor. Any other safety-sensitive or non-safety-sensitive employee, whose performance could have contributed to any accident, as determined by Paratransit Services using the best information available at the time of the accident, will be given a drug and alcohol test. Safety sensitive employees will be tested using appropriate Federal ATF and CCF. Non safety sensitive employees or testing of employees for accidents that do not meet the DOT definition of an accident must be tested under Paratransit Services authority using non-federal testing and custody control forms. Employee(s) will be placed on administrative leave pending the outcome of the Post Accident test. Post accident drug and alcohol tests are conducted as follows: A. Post Accident Alcohol Testing 陀 1. Every effort will be made to administer an alcohol test within 2 hours of the accident. If the test is not administered within 2 hours, the reason for the delay must be documented. 2. If an alcohol test is not administered within 8 hours following the accident, cease attempts to administer an alcohol test and document the reasons the test was not administered within the 8 hours. 3. The regulations do not permit a waiver of the employer's obligation to test an employee after an accident, nor does it allow an employer to use the results of an alcohol test done by hospital personnel for treatment of an injury. 4. The involved employee must refrain from the consumption of alcohol until the test is completed or for at least eight hours, whichever is shorter. 5. Every effort must be made to complete the alcohol test before performing the drug test collection. B. Post Accident Controlled Substances Testing 1. Every effort shall be made to administer a controlled substances test as soon as possible within 32 hours of an accident. 2. If a test is not administered within 32 hours following the accident, cease attempts to administer a controlled substances test and document the reasons the test was not administered within the 32 hours. 3. The regulations do not permit a waiver of the employer's obligation to test an employee after an accident. Page 8 of 28

15 A covered employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying the employer or the employer representative of his or her location if he or she leaves the scene of the accident prior to submission to such test, may be deemed by the employer to have refused to submit to testing. The post-accident testing requirements shall not delay necessary medical attention for injured persons, nor will they prohibit an employee who was performing a safety-sensitive function from leaving the scene of an accident to obtain assistance in responding to the accident or to obtain necessary emergency medical care. If the applicant or employee is a CDL holder the DAPM/DER/MRO will report positive drug and alcohol test results to the State Department of Licensing/Motor Vehicles as required by applicable State law. Reasonable Suspicion Testing: All safety-sensitive and non-safety-sensitive employees are subject to reasonable suspicion testing. A fitness for duty evaluation and drug and alcohol test may be conducted when there are reasons to believe that drug or alcohol use is adversely affecting job performance. A reasonable suspicion referral for testing will be made on the basis of documented objective facts and circumstances that are consistent with the short-term effects of drug use and/or alcohol misuse. Testing for alcohol must be conducted just proceeding, during or just after the performance of safety-sensitive functions. Testing for drugs may be conducted at any time while on duty performing safety sensitive functions. Examples of reasonable suspicion include, but are not limited to the following: 陀 Physical signs and symptoms consistent with prohibited drug use and/or alcohol misuse. Evidence of the manufacture, distribution, dispensing, possession, or use of controlled substances, drugs, alcohol, or other prohibited substances. Occurrence of a serious or potentially serious event that may have been caused by prohibited substance abuse or alcohol misuse. Fights (to mean physical contact), assaults, and flagrant disregard or violations of established safety, security, or other operating procedures that may have been caused by prohibited drug use and/or alcohol misuse. Reasonable suspicion referrals must be made by at least one supervisor who is trained to detect the signs and symptoms of drug and alcohol use and who reasonably concludes that an employee may be adversely affected or impaired in his/her work performance due to possible prohibited abuse or misuse. Observation is based on specific, contemporaneous articulable observations concerning the appearance, behavior, speech or body odor of the covered employee. The questioned conduct must be witnessed and documented in writing using the reasonable suspicion documentation form. If alcohol testing is not administered within two (2) hours of the referral, it must be documented as to the reason why. If an alcohol test is not administered within 8 hours following the referral, cease attempts to administer an alcohol test and document the reasons the test was not administered within the 8 hours. Safety sensitive employees will be tested using appropriate Federal ATF and CCF. Safety sensitive employees tested for reasonable suspicion under Paratransit Services authority will use non-federal testing and custody forms. Non safety sensitive employees must be tested using non- Federal testing and custody forms. Page 9 of 28

16 If the applicant or employee is a CDL holder the DAPM/DER will report positive drug and alcohol test results to the State Department of Licensing/Motor Vehicles as required by applicable State law. Random Testing: All safety-sensitive employees are subject to random drug and alcohol testing as follows: 1. Random testing shall be conducted on safety-sensitive employees for alcohol and drugs at or above the minimum annual rates established by the FTA. 2. The selection of employees for random drug and alcohol testing shall be made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with employee Social Security numbers, payroll identification numbers, or other comparable identifying numbers. Each covered employee shall have an equal chance of being tested each time selections are made. 3. The number of employees to be tested is calculated on the total number of safety sensitive employees in the random pool. 4. Random tests are unannounced until just prior to testing, and the dates for administering random tests are spread reasonably throughout the calendar year. Testing shall occur on all days and at all hours during which the service is in operation. 5. Each covered employee who is notified of selection for random testing must proceed immediately and directly to the collection site following notification. 6. A safety-sensitive employee shall only be tested for alcohol while the employee is performing safety-sensitive functions, just before the employee is to perform safetysensitive functions, or just after the 陀 employee has ceased performing such functions. Dilute A positive dilute result will be treated as a verified positive. A negative dilute result on a random test will be treated as a verified negative. No retest will be required unless directed to do so by the MRO. Safety sensitive employees will be tested using appropriate Federal ATF and CCF. Non safety sensitive employees must be tested using non-federal testing and custody forms. If the applicant or employee is a CDL holder the DAPM/DER will report positive drug and alcohol test results to the State Department of Licensing/Motor Vehicles as required by applicable State law. Zero Tolerance Policy: Paratransit Services has a zero tolerance policy for employees who violate this. Any safety sensitive or non-safety sensitive employee who receives a confirmed alcohol test result from 0.02 or above, a positive drug test result, who refuses to participate in drug or alcohol testing when directed, or otherwise violates prohibited behaviors contained in section VI of this process will be immediately removed from safety sensitive duties and discharged. Employees who have a verified positive drug test result, or a verified BAC of 0.04 or greater on a DOT test, or refuses to submit to a required drug or alcohol test will be immediately removed from safety-sensitive functions and will be notified how to contact a SAP. Page 10 of 28

17 Voluntary rehabilitation policy: Under Paratransit Services authority, as outlined in section XX of this process, employees who self disclose and voluntarily submit to alcohol and/or drug rehabilitation may be returned to duty provided they meet all the conditions and requirements for return-to-duty and follow-up outlined below. Voluntary disclosure must occur prior to selection for any DOT or Paratransit Services directed testing, and will not prevent any disciplinary actions, as outlined in section XX of this procedure. Return-to-duty testing: Paratransit Services will terminate the employment of any employee that tests positive or refuses a test as specified in this policy. However, in the rare event an employee is reinstated with court order or other action beyond the control of the transit system, the employee must complete the return-to-duty process prior to the performance of safety-sensitive functions. All covered employees who previously tested positive on a drug or alcohol test or refused a test, must test negative for drugs, alcohol (below 0.02 for alcohol), or both and be evaluated and released by the Substance Abuse Professional before returning to work. For an initial positive drug test a Return-to-Duty drug test is required and an alcohol test is allowed. For an initial positive alcohol test a Return-to-Duty alcohol test is required and a drug test is allowed. Following the initial assessment, the SAP will recommend a course of rehabilitation unique to the individual. The SAP will recommend the return-to-duty test only when the employee has successfully completed the treatment requirement and is known to be drug and alcohol-free and there are no undo concerns for public safety. Resumption of safety-sensitive duties will be at the discretion of Paratransit Services. Follow-up testing: Covered employees that 陀 have returned to duty following a positive or refused DOT-test will be required to undergo frequent, unannounced DOT-drug and/or alcohol testing following their DOT return-to-duty test. The DOT follow-up testing will be performed for a period of one to five years with a minimum of six tests to be performed the first year. The frequency and duration of the DOT follow-up tests (beyond the minimums) will be determined by the DOT qualified SAP reflecting the SAP s assessment of the employee s unique situation and recovery progress. DOT Follow-up testing should be frequent enough to deter and/or detect a relapse. DOT Follow-up testing is separate and in addition to the random, post-accident, reasonable suspicion and return-to-duty testing. All DOT follow-up tests must be conducted under direct observation. Other Conditions for Hire or Transfer to a Safety-Sensitive Position: Paratransit Services is required to receive written release from applicants and employees transferring to safety-sensitive positions requesting information from all other DOTregulated employers for whom the applicant had worked within the previous two years. If the previous employer(s) do not have the requested drug testing information, the information must be sought from the applicant/employee. Paratransit Services must not allow the applicant/transferee to perform safety-sensitive duties for more than 30 days unless receipt or a documented effort to receive the information has been completed. If Paratransit Services finds that an applicant/transferee has a violation on his/her record and has not completed the DOT return-to-duty process, the applicant/transferee must immediately stop performing the safety-sensitive functions, unless, information is obtained on the applicants/employees full compliance with the return-to-duty requirements; SAP assessment, successful treatment, and negative return-to-duty and follow-up tests. Page 11 of 28

18 Applicants/transferees must also disclose whether they have failed or refused a DOT drug or alcohol pre-employment test within the previous two years from employers who did not hire them. Refusal to provide consent will disqualify the applicant or employee from performing safety-sensitive functions. IX. TRAINING Each safety-sensitive and non-safety-sensitive employee hired or transferred into a safetysensitive position will be provided a copy of this policy and procedures and any additional information deemed relevant. The Employer's policy and procedures and informational materials provided to safetysensitive and non-safety-sensitive employees will also be made available to representatives of employee organizations when requested. 1. Training provided to safety-sensitive employees will include at least 60 minutes covering the effects and consequences of prohibited drug of controlled substances use on an individual's health, work, and personal life; signs and symptoms of a controlled substances problem. In addition to the 60 minutes of training on the effects and consequences of prohibited drug use, information concerning the effects of alcohol misuse on an individual s health, work, and personal life; signs and symptoms of an alcohol problem (the employee s or coworker s); and available methods of intervening when an alcohol problem is suspected will be included. 2. All supervisors and personnel designated to determine whether reasonable suspicion exists and are required to send a safety-sensitive 쒠 or non-safety sensitive employee for testing for alcohol misuse and/or controlled substances use shall receive at least 60 minutes of training on alcohol misuse and receive at least 60 minutes of training on controlled substances use. Training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation and referral. X. SUBSTANCES TO BE INCLUDED IN TESTING Alcohol amphetamines, marijuana, cocaine, opiates, phencyclidine (PCP), and their metabolites will be included. Because Paratransit Services is concerned about the abuse of prescribed and over-the-counter medications as well as illegal drugs and alcohol, the above list may be expanded to include yet to be developed substances, changes in Paratransit Services policy, or changes to Federal laws and regulations. XI. DRUG TESTING PROCEDURES Paratransit Services shall identify and select only qualified facilities certified by DHHS/NIDA/SAMHSA to perform the urinalysis described by these procedures. Paratransit Services supervisory personnel or the DAPM/DER depending on site location will coordinate appointments for urine collection for drug screens. The specimens will be collected at facilities that optimize confidentiality and observe DOT collection procedures. The Page 12 of 28

19 collection facility must adhere to the collection provisions set forth in 49 CFR Part 40, as amended. A strict chain of custody will be maintained on the specimen as described in the U.S. DOT Guidelines. Record keeping and reporting of all drug testing and results shall be in strict accordance with Federal guidelines to protect the confidentiality of the employees. For additional information concerning alcohol and controlled substances testing procedures see Appendix B. If there is concern about an individual s ability to function safely, that individual will be provided transportation to their home after completion of the drug testing. Supervisors will always transport employees to the collection site for reasonable suspicion or post-accident testing. XII. DRUG TESTING CUTOFF LEVELS 1. Initial Test. A. The initial test shall use an immunoassay that meets the requirements of the 49 CFR Part 40. The most current NIDA/SAMHSA cutoff levels shall be used when screening specimens to determine whether they are negative for these drugs. B. Cutoff levels are subject to change by the DHHS and/or the DOT. 2. Confirmation Test A. All specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry 姀 ӟ (GC/MS) techniques or other testing as specified by DOT, using the most current NIDA/SAMHSA cutoff levels. The current cutoff levels are: B. Cutoff levels are subject to change by the DHHS and/or the DOT. Initial test analyte Initial test cutoff concentration Confirmatory test analyte Confirmatory test cutoff concentration Marijuana 50 ng/ml THCA 1 15 ng/ml metabolites Cocaine metabolites 150 ng/ml Benzoylecgonine 100 ng/ml Opiate metabolites Codeine/Morphine ng/ml Codeine 2000 ng/ml Morphine 2000 ng/ml 6-Acetylmorphine 10 ng/ml 6-Acetylmorphine 10 ng/ml Phencyclidine 25 ng/ml Phencyclidine 25 ng/ml Amphetamines 3 AMP/MAMP ng/ml Amphetamine 250 ng/ml Methamphetamine ng/ml MDMA ng/ml MDMA 250 ng/ml MDA 7 MDEA ng/ml 250 ng/ml Page 13 of 28

20 1 Delta-9-tetrahydrocannabinol-9-carboxylic acid (THCA). 2 Morphine is the target analyte for codeine/morphine testing. 3 Either a single initial test kit or multiple initial test kits may be used provided the single test kit detects each target analyte independently at the specified cutoff. 4 Methamphetamine is the target analyte for amphetamine/methamphetamine testing. 5 To be reported positive for methamphetamine, a specimen must also contain amphetamine at a concentration equal to or greater than 100 ng/ml. 6 Methylenedioxymethamphetamine (MDMA). 7 Methylenedioxyamphetamine (MDA). 8 Methylenedioxyethylamphetamine (MDEA). 3. Split Sample Testing The employee may request, within 72 hours of notification of a positive test by the MRO, that the split sample be tested at a separate DHHS certified laboratory. The results of the split sample test shall be the final test results that are reported to the employer by the MRO. XIII. EFFECTS OF ALCOHOL Alcohol is a socially acceptable drug that has been consumed throughout the world for centuries. It is considered a recreational beverage when consumed in moderation for enjoyment during social gatherings. However, when consumed primarily for its physical and mood altering effects, it is a substance of abuse. As a depressant, 姀 it ӟslows down physical responses and progressively impairs mental functions. 1. Signs and Symptoms of Use a. Dulled mental processes b. Lack of coordination c. Odor of alcohol on breath d. Possible constricted pupils e. Sleepy or stuporous condition f. Slowed reaction time g. Slurred speech (Note: Except for the odor, these are the general signs for any depressant substance.) 2. Health Effects The chronic consumption of alcohol average of three servings per day of beer (12 ounces), 1.5 oz of spirits (whiskey included in spirits), and 5 oz of wine, over time may result in the following health hazards: a. Decreased sexual functioning b. Dependency c. Fatal liver diseases d. Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and malignant melanoma e. Kidney disease f. Pancreatitis g. Spontaneous abortion and neonatal mortality Page 14 of 28

21 h. Ulcers i. Birth defects (up to 54% of all birth defects are alcohol related) 3. Social Issues a. Two-thirds of all homicides are committed by people who drink prior to a crime. b. Two to three percent of the driving population is legally drunk at any one time. This rate is doubled at night and on weekends. c. Two-thirds of all Americans will be involved in an alcohol-related vehicle accident during their lifetimes. d. The rate of separation and divorce in families with alcohol dependency problems is seven times the average. e. Forty percent of family court cases are alcohol problem related. f. Alcoholics are 15 times more likely to commit suicide than are other segments of the population. g. More than 60 percent of burns, 40 percent of falls, 69 percent of boating accidents, and 76 percent of private aircraft accidents are alcohol related. 4. Workplace Issues a. It takes one to two hours for the average person (150 pounds) to process one serving of an alcoholic beverage from the body. b. Impairment in coordination and judgment can be objectively measured with as little as two drinks in the body. c. A person who is legally intoxicated is six times more likely to have an accident than a sober person. ҕ 5. The Annual Toll a. 12,000 people will die on the highway due to the legally impaired driver. b. 15,800 will die in non-highway accidents. c. 30,000 will die due to alcohol-caused liver disease. d. Up to another 125,000 will die due to alcohol-related conditions or accidents. 6. Intervention Employees are advised that Paratransit Services provides a completely confidential Employee Assistance Program as part of its employee benefit program. Employees who may have a problem with alcohol consumption or illegal use are highly encouraged to take advantage of this program. Nonjeopardy referrals or voluntary participation in the program is desired. XIV. ALCOHOL TESTING PROCEDURES Alcohol testing will be conducted without undue delay using evidential and non-evidential breath testing devices in accordance with 49 CFR Part 40. For detail concerning alcohol and controlled substances testing procedures and saliva testing procedures see 49 CFR 40. Breath testing or saliva testing will be coordinated by Paratransit supervisory personnel or the DAPM/DER. The alcohol testing will be conducted at a site that optimizes confidentiality. The collection site must adhere to the collection provision set forth in 49 CFR Part 40. Page 15 of 28

22 If there is concern about an individual s ability to function safely, the individual will be provided transportation to their home after completion of the testing. Supervisors will always transport employees to the collection site for reasonable suspicion and post-accident testing. Alcohol breath testing will be performed in the following manner in accordance with 49 CFR Part 40: 1. Screening Test The initial test shall be done in accordance with 49 CFR Part 40. If the initial test results are less than.02 alcohol concentration, the results are negative and will be reported by the BAT/STT as such. If the initial test results are.02 or greater, a confirmatory test must be conducted. 2. Confirmation Test The confirmatory test must be conducted on an EBT in accordance with 49 CFR Part 40. Before the confirmatory test may be given, a minimum of 15 minutes must have passed since the initial test was performed. During this period, the employee should avoid any actions that could increase mouth alcohol. The minute wait period is to ensure that the presence of mouth alcohol does not artificially raise the test result. Only the results of the confirmatory test shall be considered, irrespective of the results on the initial test. If the results of the initial and confirmatory tests are not identical, the confirmation test result is deemed to be the final test result. 姀 ӟ If the results of the confirmatory test are less than.02 alcohol concentration, a negative result shall be reported by the BAT. If the results of the confirmatory test are.02 or greater but less than.04 alcohol concentration, the test is non-negative. Employees are prohibited from performing safety sensitive duties with a BAC of 0.02 or greater for a period of 8 hours. If the results of the confirmatory test show an alcohol concentration of.04 or greater, the test is positive. Saliva testing may be done in place of the alcohol breath screening test. See Appendix B XV. CONSEQUENCES OF A POSITIVE TEST/REFUSAL TO TEST OR NON-NEGATIVE TEST RESULT An alcohol concentration of 0.02 or greater or positive drug test is a violation of Paratransit Services policy. An alcohol concentration of 0.04 or greater, or positive drug test result is a violation of FTA regulations. Any employee who violates this procedure for alcohol or drugs will be terminated. A safety-sensitive or non-safety-sensitive employee, who refuses to submit to a drug and/or alcohol test, will be treated as having a positive result for the test. Refusing a drug and/or alcohol test will result in an immediate discharge from employment. Page 16 of 28

23 The employee will be removed immediately from his/her safety-sensitive position and be provided with information on where to receive assistance for evaluation and counseling from a SAP and other community resources. XVI. BEHAVIOR THAT CONSTITUTES A REFUSAL TO TEST Employee behavior that constitutes a refusal to test includes, but is not limited to, the following: (1) Failure to appear for any test (excluding pre-employment) within a reasonable time, as determined by the employer, after being directed to do so by the employer; (2) Failure to remain at the testing site until the testing process is complete*; (3) Failure to provide a urine or breath specimen for any drug or alcohol test required by Part 40 or DOT agency regulations; (4) In the case of a directly observed or monitored collection in a drug test, failure to permit the observation or monitoring of the provision of a specimen; (5) Failure to provide a sufficient amount of urine or breath when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure; (6) Failure or refusal to take a second test the employer or collector has directed; (7) Failure to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER as part of the shy bladder or shy lung procedures; (8) Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, 瘀 behave Ӡ in a confrontational way that disrupts the collection process); (9) If the MRO reports that there is verified adulterated or substituted test result; (10) Failure or refusal to sign Step 2 of the alcohol testing form; (11) Failure to follow the observer s instructions during an observed collection including instructions to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if there is present any type of prosthetic or other device that could be used to interfere with the collection process; (12) Possession or wearing of a prosthetic or other device that could be used to interfere with the collection process; (13) Admitting to the collector or MRO that the specimen was adulterated or substituted. * For pre-employment tests, failure to appear in the allotted time or leaving prior to starting the collection process is not a refusal under federal regulations, but is a violation of Paratransit Services policy and is subject to disciplinary action up to and including discharge. XVII. TEST RESULTS REPORTING, RECORDKEEPING, AND CONFIDENTIALITY A. Retention of Records 1. General Requirements a. Paratransit Services shall maintain all alcohol and controlled substances testing information including test results and other Page 17 of 28

24 appropriate records in a secure manner to prevent the disclosure of such information to unauthorized personnel. b. The DAPM/DER shall maintain a secured file system that will contain the alcohol and controlled substances testing records. Files shall be maintained as confidential. Employee files shall be handled on a strict "need to know" basis. 2. Period of Retention of Records a. The following records must be maintained for five years: i. Records of alcohol test results with results indicating an alcohol concentration of 0.02 or greater. ii. iii. iv. Records of verified positive controlled substances test results. Documents sent by Medical Review Officer to the employer. Documentation of refusals to take a required alcohol or controlled substances tests (including substituted or adulterated drug test results). v. Calibration documentation for evidential breath testing (EBT) equipment. 姀 ӟ vi. A copy of each annual summary report. vii. SAP reports viii. Follow-up test results and schedules b. The records obtained from previous employers must be maintained for a minimum of three years. (drug and alcohol test results of employees). c. Records of inspection, maintenance and calibration of EBT s shall be maintained for a minimum of two years: i. Collection log books, if used. ii. iii. iv. Documents relating to the random selection process. Documentation of breath alcohol technician training. Documents generated in connection with decisions to administer reasonable suspicion alcohol tests. v. Documents generated in connection with decisions on postaccident tests. Page 18 of 28

25 vi. vii. Documents verifying existence of a medical explanation of the inability of a covered employee to provide adequate breath/urine for testing. Materials on alcohol misuse and controlled substances abuse awareness, including a copy of Employer's policy on alcohol misuse and controlled substances abuse. viii. Documentation of training provided to supervisors for the purpose of qualifying supervisors to make reasonable suspicion determinations concerning the need for alcohol or controlled substances testing. d. Records of negative and cancelled drug test results and alcohol test results with a concentration of less than 0.02 shall be maintained for a minimum of one year: i. The employer's copy of the alcohol test form, including the results of the test. ii. Documents related to the refusal of any covered employee to submit to an alcohol test required by this part. iii. Documents presented by a covered employee to dispute the result of an alcohol test administered under this part. 瘀 Ӡ e. Location of Records i. All records shall be maintained in a secure location with controlled access and shall be made available for inspection at the Paratransit Services principal place of business after a request has been made by an authorized representative of the FTA. B. Management Information System (MIS) Reporting 1. Paratransit Services shall maintain summary results of its alcohol and controlled substances testing performed under FTA regulations and shall submit as requested by the FTA. C. Access to Facilities and Records 1. Except as provided by law or expressly authorized by DOT/FTA regulations, Paratransit Services shall not release safety-sensitive or non-safety-sensitive employee information unless directed by the specific, written consent of the employee authorizing release of the information. Page 19 of 28

26 2. Upon written request to the program manager, a safety-sensitive employee or a non-safety-sensitive employee may obtain copies of any records pertaining to the employee's alcohol or controlled substances tests. 3. Paratransit Services shall permit access to all facilities and records related to controlled substances and alcohol testing when requested by the authorized personnel of the DOT, or any State or local officials with regulatory authority. 4. Records shall be made available to a subsequent employer upon receipt of a written request from the safety-sensitive or non-safety-sensitive employee. D. Medical Review Officer (MRO) Notifications 1. Initial reporting to the Employer by the medical review officer of verified controlled substances test results will be accomplished using any communication device (i.e., telephone, secured fax, computer download). 2. A written notification from the MRO to the Employer, its agent or TPA will be provided to the Employer within 2 business days of completion of the medical review officer s (MRO) review of negative tests and on the same day or the next business day for all verified positive test results, results requiring an immediate collection under direct observation, adulterated or substituted specimen results, and other refusals to test. The written report shall include the following information: a. Specimen ID number ء from the CCF and the donor SSN or employee ID number. b. The full name, as indicated on the CCF, of the individual tested, c. The type of test, if indicated on the CCF d. The date of the test specimen collection, e. Date Copy 2 of the CCF was received. f. The name of the medical review officer, and the date the result was verified by the MRO. g. The verified results of a controlled substances test and the identity of the substance(s) that were verified positive. For cancelled tests, the reason for the cancellation; and for refusals to test, the reason for the refusal determination. h. As an exception to the reporting requirements above, the MRO may report negative results using an electronic data file. Page 20 of 28

27 E. Medical Review Officer (MRO) Record Retention 1. The MRO shall maintain all records related to verified positive results for a period of five years. 2. The MRO shall maintain all dated records and notifications, identified by individual, for a period of one year for negatives and canceled controlled substances test results. 3. As the MRO, you must warn an employee who has a confirmed positive, adulterated, substituted or invalid test that you are required to provide to third parties drug test result information and medical information affecting the performance of safety-sensitive duties that the employee gives you in the verification process with out the employee s consent as required in You must give warning to the employee before obtaining any medical information as part the verification process. Medical information includes information on medications or other substances affecting the performance of safety-sensitive duties that the employee reports using or medical conditions the employee reports having. The person to whom this information may be provided include the agency (e.g., the NTSB) or any state agency as required by law F. Release of Test Information 1. Except as required by law or expressly authorized by the employee as authorized in a signed statement 瘀 Ӡ of release, Paratransit Services shall not release information that is contained in records required to be maintained under DOT/FTA regulations. 2. A covered employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of drugs and/or alcohol, including any records pertaining to his or her drug and/or alcohol tests. Paratransit Services shall promptly provide the records requested by the employee. Access to an employee's records shall not be contingent upon payment for records other than those specifically requested. 3. Paratransit Services shall permit access to all facilities utilized in complying with the requirements of this part to the Secretary of Transportation, any DOT agency with regulatory authority over the employer or any of its covered employees. 4. Paratransit Services shall make available copies of all results for employer alcohol/controlled substances testing conducted under this part and any other information pertaining to the employer's prohibited drug use and alcohol misuse program, when requested by the Secretary of Transportation, or any DOT agency with regulatory authority over the employer or covered employee. 5. When requested by the National Transportation Safety Board as part of an accident investigation, Paratransit Services shall disclose information related Page 21 of 28

28 to the employer's administration of a post-accident test administered following the accident under investigation. 6. Paratransit Services may release information pertaining to an employee s drug or alcohol test without the employee s consent in certain legal proceedings to include: lawsuit, grievance, or administrative proceeding brought by, or on behalf of, an employee and resulting from a positive DOT drug or alcohol test or refusal to test (including, but not limited to adulterated or substituted test results). These proceedings also include a criminal or civil action resulting from an employee s performance of safety-sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test information sought is relevant to the case and issues an order directing the employer to produce the information. Information may also be disclosed to a decisionmaker in a proceeding only with a binding stipulation that the decision-maker to whom it is released will make it available only to parties to the proceeding. The employer must immediately notify the employee in writing of any information released under this section. 7. Paratransit Services shall release information regarding a covered employee's records as directed by the specific, written consent of the employee authorizing release of the information to an identified person. Release of such information by the person receiving the information is permitted only with the employee's express written consent. XVIII. CONDITION OF EMPLOYMENT 瘀 Ӡ Participation in Paratransit Services Drug and Alcohol Testing program is a requirement of safety-sensitive and non-safety-sensitive employees and, therefore, is a condition of employment. XIX. CHANGES OR MODIFICATIONS Paratransit Services reserves the right to change the provisions of this testing procedure. All personnel and Unions will be notified at least 15 calendar days prior to instituting the changes. Changes required by Federal, State and/or Local law will not require advance notification. XX. VOLUNTARY REHABILITATION In an effort to meet the purpose of this drug and alcohol procedure, Paratransit Services wants to provide a program that will be helpful to employees. Paratransit Services maintains an Employee Assistance Program available to all employees. The purpose is to provide access to professional services to aid the employee who has an alcohol or drug problem, or other personal problems that may affect job performance. All employees are encouraged to use this program s resources before their employment status is affected. Those who voluntarily come forth and seek assistance for substance abuse problems may utilize sick leave, annual leave, or leave without pay to participate in a rehabilitation program without jeopardizing their continued employment with Paratransit Services, provided they stop all involvement with any and all such substances. Voluntary participation treatment Page 22 of 28

29 programs will not prevent disciplinary action(s) for procedure violations that have already occurred. All costs of the treatment/recovery program will be borne by the employee or any insurance he/she may have. Paratransit Services insurance may be available through a self-pay program for employees in a LWOP status. Supervisors can assist in contacting the Employee Assistance Program. At the conclusion of treatment, arrangements for drug screen follow-up testing will be made. Management, supervisors and the rehabilitated employee will agree upon specific guidelines at the time the employee returns to work. If an employee returns to work following a voluntary rehabilitation they will be subject to return-to-work and follow-up testing. Employees will be allowed only one voluntary rehabilitation chance during their employment at Paratransit Services. Return-to-work testing agreement: Employees who have gone through rehabilitation under the provisions of this policy for voluntary rehabilitation for drug or alcohol use will not be returned to work duty unless they have been released by an employer approved substance abuse professional as being capable of resuming duties and shall be tested for prohibited drug or alcohol use before they return to work. Tests performed as part of this return-to-work agreement may be subject to direct observation. Related testing will be under Paratransit Services authority, and conducted using non-federal testing and custody forms. If allowed to return to work following a voluntary rehabilitation process under the provisions of this policy, employees shall be subject to unannounced follow-up testing for at least 12 months but not to exceed 60 months. The frequency and duration of the follow-up testing will be recommended by the employer approved counseling professional as long as a minimum of six tests are performed during the first 12 months after the employee returns to work. Follow-up testing under Paratransit Services authority Ӡ is separate and unrelated to federal follow-up testing requirements. These non-dot follow-up tests may be subject to direct observation. Related testing will be under Paratransit Services authority, and conducted using non-federal testing and custody forms Paratransit Services EAP provider and telephone numbers to call to make an appointment is: First Choice Health Employee Assistant Program Bremerton: Outside Bremerton: XXI. CONTACT PERSON The contact person available to answer questions about Paratransit Services Drug and Alcohol Program is: Drug and Alcohol Program Manager , ext. 357 Page 23 of 28

30 XXII. APPROVAL OF DRUG AND ALCOHOL POLICY (January 2016) Approved by: Original Signed 01/28/2016 David W. Baker President/CEO Date Ӡ Page 24 of 28

31 APPENDIX A Responsible Parties DRUG AND ALCOHOL PROGRAM MANAGER (DAPM) Tel: (800) ext. 357 Secure FAX: (253) THIRD-PARTY ADMINISTRATOR Name: National Toxicology Specialists, Inc. Tel: (615) Fax: (615) MEDICAL REVIEW OFFICER (MRO) Medical review of drug test results will be provided by below listed MROs with National Toxicology Specialists, Inc. ء Name: Greg Elam, M.D Name: Calvin Channell, M.D DHHS CERTIFIED LABORATORY Certified laboratory testing will be provided by the below listed laboratory under contract with National Toxicology Specialists, Inc. Quest Diagnostics 8401 Fallbrook Avenue, Level 2 West Hills, CA Quest Diagnostics Renner Blvd Lenexa, KS Laboratory for Split Sample Testing: Alere Toxicology Services 1111 Newton Street Gretna, LA SUBSTANCE ABUSE PROFESSIONALS (SAP) Name: First Choice Health Employee Assistance Program Tel: (800) Page 25 of 28

32 APPENDIX B Job Titles, Duties & Testing Authority Job Title Duties Authority** Accounting Clerk Financial duties Company Administrative Asst Assists with various clerical duties Company Brokerage Assistant Assist Brokerage Supervisors with various duties Company Brokerage Supervisor Supervises brokerage employees Company Bus Pass Coordinator Coordinates monthly bus pass program Company Business Dev Manager Locates new business opportunities, prepares proposals Company Contract Admin Asst. Assists Contract Administrator with adherence to contract details Company Contract Administrator Administers all contracts for adherence to details, etc. Company Corporate Trainer Provides training support to all sites Company Customer Service Rep Works with clients to schedule trips via telephone and computer Company Director of Info/Tech Manages computer system for entire company, all sites Company Dispatcher Coordinates trips for Drivers, assist drivers via radio FTA Driver Drives various vehicles for public and special needs transportation FTA Drug & Alcohol Program Manager Manages drug and alcohol program Company EVP/CFO Strategic and operational direction of Company Company Exec VP/COO Strategic and operational direction of Company Company Executive Assistant Assist's executive team with scheduling, typing, travel, etc Company Facilities and Risk Mgr Manages facilities with regard to safety, maintenance etc Company Facilities Maint. Specialist Responsible for facilities maintenance and safety Company Finance Manager Manages Finance dept Company General Manager Manages employees and operations at assigned location FTA HR Manager Manages HR and Benefits programs Company HR/Payroll Assistant Assists HR Manager with various employment related issues Company Human Resources Director Manages HR & PR departments Company Maint/Ops Manager Manages maintenance programs at various sites FTA Mechanic Performs preventive maintenance on vehicles, maintains vehicles to standards FTA Network Analyst Supports computer and technology requirements Company Office Manager Manages clerical positions within office Company Operations Assistant Supports General Manager in managing personnel and operations FTA Operations Supervisor Supports General Manager in managing personnel and operations FTA Payroll Manager Manages Payroll department Company President Strategic and operational direction of Company Company Regional Manager Manages General Managers at various sites Company Risk Specialist Manages risk program Company Road Supervisor Manages Drivers FTA Service Quality Specialist Ensures service quality Company Site Safety/Training Supervisor Provides site training support FTA Sr. Accountant Accounting duties Company Training Manager Manages training functions, provides site training support Company Transportation Specialist Coordinates transportation services Company Vehicle Maintenance Supervisor Supervises and performs bus and vehicle maintenance FTA Vehicle Washer Upkeep and cleaning of buses and other vehicles FTA Page 26 of 28

33 DOT 'Recreational' Marijuana Notice Department of Transportation sent this bulletin at 12/03/ :53 AM EST DOT OFFICE OF DRUG AND ALCOHOL POLICY AND COMPLIANCE NOTICE Recently, some states passed initiatives to permit use of marijuana for so-called recreational purposes. We have had several inquiries about whether these state initiatives will have an impact upon the Department of Transportation s longstanding regulation about the use of marijuana by safety sensitive transportation employees pilots, school bus drivers, truck drivers, train engineers, subway operators, aircraft maintenance personnel, transit fire armed security personnel, ship captains, and pipeline emergency response personnel, among others. We want to make it perfectly clear that the state initiatives will have no bearing on the Department of Transportation s regulated drug testing program. The Department of Transportation s Drug and Alcohol Testing Regulation 49 CFR Part 40 does not authorize the use of Schedule I drugs, including marijuana, for any reason. Therefore, Medical Review Officers (MROs) will not verify a drug test as negative based upon learning that the employee used recreational marijuana when states have passed recreational marijuana initiatives. We also firmly reiterate that an MRO will not verify a drug test negative based upon information that a physician recommended that the employee use medical marijuana ꀐҘ when states have passed medical marijuana initiatives. It is important to note that marijuana remains a drug listed in Schedule I of the Controlled Substances Act. It remains unacceptable for any safety sensitive employee subject to drug testing under the Department of Transportation s drug testing regulations to use marijuana. We want to assure the traveling public that our transportation system is the safest it can possibly be. Jim L. Swart Director Office of the Secretary of Transportation Office of and Compliance Department of Transportation I have read and understand the DOT 'Recreational' Marijuana Notice issued December 3, EMPLOYEE S SIGNATURE EMPLOYEE S NAME (PRINTED) DATE Page 27 of 28