ARLINGTON PUBLIC SCHOOLS Policy Implementation Procedures Substance Abuse

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1 As provided in School Board policy , the possession or use of alcohol or illegal drugs or the unlawful use of prescription drugs by APS employees in any job-related context shall not be tolerated. A. Employee Assistance Program (EAP) Early recognition and treatment of alcohol and drug abuse are essential to successful recovery. The school system has established the EAP to assist employees with alcohol and drug abuse problems and other personal problems that interfere with their ability to successfully perform the essential functions of their jobs. (See School Board policy and PIP ) B. Types of Tests 1. Pre-Employment Testing As provided in PIP , Employment Recruitment and Employment, individuals newly hired, transferred or promoted to positions that require them to drive APS-owned vehicles must undergo testing for alcohol and controlled substances before the first day in the new position. Any offer of assignment or employment for such position is contingent on a negative controlled substance test result and a breath alcohol concentration of less than Reasonable Suspicion Testing a. Definition Reasonable suspicion means a belief based on facts and the rational inferences that may be drawn from such facts, or based on direct or reported observations, that the employee is using alcohol or controlled substances while on the job or recently before the start of work, or is working under the influence of alcohol or controlled substances or while impaired by alcohol or controlled substances. b. Determination of the Existence of Reasonable Suspicion The reliability of the sources of information, the reliability of the facts or information, the degree of corroboration, the results of an inquiry, personal observation and/or other factors shall be weighed in determining the presence or absence of reasonable suspicion. A determination that a reasonable suspicion exists must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. Approved December 20, 2012 Effective December 20, 2012 Page 1 of 10

2 The observations used to determine a reasonable suspicion of alcohol abuse must have been made during, or just preceding, or just after the employee s work day. A test normally shall be conducted within two hours of the determination, but in no case more than eight hours after the determination of the existence of reasonable suspicion. c. Reasonable Suspicion Indicators Listed below are some possible indicators to be used in evaluating the need for alcohol or substance abuse testing. The criteria are guidelines for evaluating the need to refer an employee for testing. The listed criteria are not all inclusive. Consideration should be given to the potential hazard to persons and property that might result from impaired performance. Alcohol or controlled substance use during breaks or meal periods or during work hours. Observed alcohol or controlled substance use before work. Smell of alcohol or marijuana on the person. Needle marks on arms, hands or other parts of the body. Accidents frequent enough to affect job reliability. An accident by an employee operating an APS-owned vehicle or a personal vehicle while on official business. Mood swings, agitation, hyperactivity, explosiveness, altercations, violence or other behavior uncharacteristic of the person. Sleeping on the job. Excessive absenteeism or tardiness. Considerable weight loss within a short period of time. Approved December 20, 2012 Effective December 20, 2012 Page 2 of 10

3 d. Employees to be Tested School Bus Drivers The Director of Transportation, the Assistant Superintendent for Facilities and Operations, the Assistant Superintendent for Human Resources or designee, or the Superintendent may direct a bus driver to be tested for alcohol and/or controlled substances use based on reasonable suspicion. Additionally, bus drivers may be required to take a controlled substances test if charged with, or convicted of, possession or use of an illegal drug. Other Employees The Assistant Superintendent for Human Resources or designee or the Superintendent may direct an employee to be tested for alcohol or controlled substances use if there is reasonable suspicion that the employee is under the influence of alcohol or controlled substances or impaired by alcohol or controlled substances while on the job. e. Notice to Employee Whenever an employee is to be referred for testing for alcohol or controlled substances use, he or she shall be informed in writing of the causes for reasonable suspicion. This notice shall be given to the employee before an alcohol or drug test may be administered. f. Refusal to Be Tested Refusal to be tested for alcohol or controlled substances use may be cause for disciplinary action, up to and including dismissal. 3. Post Accident Testing a. For purposes of this policy, an accident means any vehicle accident in which: There is the loss of human life; or The driver receives a citation under State or local law for a moving violation arising from the accident; and Any involved vehicle sustains disabling damage (the vehicle cannot be driven from the scene or would be damaged further if driven); or Anyone receives bodily injury that requires immediate medical attention away from the accident scene. Approved December 20, 2012 Effective December 20, 2012 Page 3 of 10

4 b. As soon as possible following an accident, the driver(s) involved must be tested for alcohol and controlled substances. An alcohol test under this section should be administered within two hours following the accident, but in no case more than eight hours after the accident. A controlled substances test under this section must be administered within thirtytwo hours following the accident. c. A driver who is subject to post-accident testing shall remain readily available for such testing. If the driver is not available for any reason, except leaving the accident scene to obtain assistance in responding to the accident or to obtain necessary emergency medical care, he or she will be deemed to have refused to submit to testing (see section B-2f above). 4. Random Testing All school bus drivers and other employees whose duties require them to drive vehicles that have gross combination weight ratings, or gross vehicle weight ratings, of 26,001 or more pounds must possess Commercial Driver s Licenses (CDL). All such employees are subject to random alcohol and controlled substance testing. a. A percentage of drivers will be subject to random alcohol and to random controlled substances testing each year. The percentage of drivers to be tested shall be as specified in the Federal Highway Administration s Regulations on Controlled Substances and Alcohol Use and Testing. Selections of drivers to be tested shall be done by a method that provides that each driver has an equal chance of being selected each time selections are made. Thus, a driver might be chosen more than once during a year. b. Random tests shall be unannounced and the dates for such tests shall be spread throughout the year. c. A driver selected for random testing shall be required to report to the testing site immediately upon notification. The driver will be in a duty status from the time he or she leaves to go to the testing site until the time he or she returns from the testing site. d. Random tests shall be scheduled while the driver is operating the vehicle, just before operating the vehicle or just after ceasing to operate the vehicle. Approved December 20, 2012 Effective December 20, 2012 Page 4 of 10

5 5. Return-to-Duty Testing Before an employee returns to duty after engaging in conduct that violated the Substance Abuse policy, the employee shall undergo a return-to-duty alcohol and/or controlled substances test, as applicable. An alcohol test must indicate an alcohol concentration of less than 0.02 and a controlled substances test must indicate a verified negative result for controlled substances. 6. Follow-up Testing Following a determination that an employee is in need of assistance to resolve problems associated with alcohol misuse and/or use of controlled substances, the employee shall be subject to unannounced follow-up alcohol and/or controlled substances testing as directed by the EAP staff. For employees who drive APS-owned vehicles, at least six tests shall be conducted during the twelve calendar months following the employees return to work. C. Testing Procedures CDL Drivers 1. Alcohol Testing a. Testing for suspected alcohol impairment shall be by use of an evidential breathtesting device (EBT). A breath alcohol technician (BAT) shall administer the test. For purposes of this procedure, Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol including methyl and isopropyl alcohol. Alcohol concentration means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an EBT. Alcohol use means the consumption of any beverage, mixture or preparation, including any medication, containing alcohol. b. The breath alcohol technician (BAT) shall forward the results of all alcohol tests to the EAP. c. If the result of the screening test is an alcohol concentration of 0.02 or greater, the BAT shall perform a confirmatory test within twenty minutes after completion of the screening test, but not less than fifteen minutes after the screening test. Approved December 20, 2012 Effective December 20, 2012 Page 5 of 10

6 d. If the confirmatory test is positive, the BAT shall communicate the results to the EAP immediately. 2. Controlled Substances Testing a. Every effort shall be made to obtain the most accurate controlled substances test results. Testing procedures shall include a two-tiered testing program at a laboratory approved by the Department of Health and Human Services. To ensure maximum accuracy, split specimens shall be collected and the chain of custody documented to ensure that the specimen test result is accurate and attributed to the person who provided the sample. For purposes of this procedure, controlled substances means marijuana (THC), cocaine, opiates, phencyclidine (PCP) and amphetamines (including methamphetamines). b. The testing laboratory shall forward the results of the test to a Medical Review Officer (MRO) for review. The MRO shall be a licensed physician (medical doctor or doctor of osteopathy) who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual s confirmed positive test result together with his or her medical history and any other relevant biomedical information. c. If the test result on the specimen is positive, the MRO shall contact the driver and give the driver the opportunity to discuss the test results. The MRO shall inform the driver of his or her right to request that the MRO direct that the specimen be tested at a different Department of Health and Human Services-certified laboratory for presence of the drug(s) for which a positive result was obtained. The MRO shall honor the driver s request if it is made within seventy-two hours of the driver having been informed of a verified positive test result. The cost of the second test shall be borne by the driver. d. If the MRO is not able to contact the driver, he or she shall report to the EAP that he or she made all reasonable efforts to contact the driver. The EAP shall, as soon as practicable, ask the driver to contact the MRO before driving or within twenty-four hours, whichever is earlier. e. The MRO may verify a test as positive without communicating with the driver if: The driver refuses to discuss the test results; More than five days have passed since the driver was asked by the EAP to contact the MRO; or Other circumstances specified in the Department of Transportation s regulations permit. Approved December 20, 2012 Effective December 20, 2012 Page 6 of 10

7 f. After contacting the driver, but in no case more than three business days after completing the review, the MRO shall report the test results to the EAP. The MRO shall provide the EAP with the following information: The controlled substances test being reported was in accordance with the Department of Transportation s regulations, 49 CFR Part 40; The name of the driver for whom the test results are being reported; The type of test (e.g., pre-employment, random, post-accident, etc.); The date and location of the test collection; The identities of the persons or entities performing the collection, analysis of specimens and serving as the MRO for the specific test; and The verified results of a controlled substances test, either positive of negative, and if positive, the identity of the controlled substance(s) for which the test was verified positive. 3. Test Records a. The records pertaining to the alcohol and controlled substances testing program shall be maintained by the EAP. Access to these records shall be limited to the EAP staff, the Assistant Superintendent for Human Resources or designee, the Director of Transportation (for Transportation employees) and the Superintendent. b. Records and report data shall be maintained as specified in the Department of Transportation s regulations, 49 CFR Part 382. c. Except as required by law or expressly authorized or required by the Department of Transportation s regulations, 49 CFR Part 382, driver information maintained under the alcohol and controlled substances testing program will be released only to the driver, on written request, or to an identified person as directed by the specific, written consent of the driver authorizing the release of the information. D. Testing Procedures Other Employees 1. Alcohol Test Results Alcohol testing shall be done as specified for CDL drivers (section C-1 above). However, when deemed appropriate by the Assistant Superintendent for Human Resources or designee, a trained member of the EAP staff may conduct a Breathalyzer test to confirm the presence of alcohol. A Breathalyzer test may be done at the employee s work site. 2. Controlled Substances Test Results Approved December 20, 2012 Effective December 20, 2012 Page 7 of 10

8 a. All controlled substances testing shall be done by a laboratory approved by the Department of Health and Human Services and shall be conducted in the same manner as test for employees required to possess CDLs (C-2 above). However, the laboratory shall report the results of all tests conducted under this section to the EAP. For purposes of this procedure, controlled substances means amphetamines, methamphetamines, barbiturates, opiates, demeral, marijuana metabolite, methadone, cocaine metabolite, PCP, phenothiazines, benzodiazepines, tricyclics and metaqualone. b. An employee who tests positive after two-tiered testing may request that a repeat confirmatory test be conducted on the split specimen at a different Department of Health and Human Services approved laboratory. This request must be made to the EAP within seventy-two hours of being notified by the EAP of the verified positive test results. The EAP shall arrange for this test to be conducted. The laboratory shall provide the test results to the EAP. The employee shall pay the cost of the independent confirmatory test. 3. Test Records a. The records pertaining to alcohol and controlled substances testing shall be maintained by the EAP. Access to these records shall be limited to the EAP staff, the Assistant Superintendent for Human Resources or designee and the Superintendent. b. Except as required by law, information maintained by the EAP under this section shall be released only to the employee, on written request, or to an identified person as directed by the specific, written consent of the employee authorizing the release of the information. E. Consequences of Engaging in Alcohol and/or Substance Abuse Related Conduct 1. Pre-Employment Tests Any offer of employment, promotion or transfer for a position requiring the incumbent to drive an APS-owned vehicle is contingent on a negative controlled substance test result and a breath alcohol concentration of less than Other Tests a. No employee who has violated School Board policy shall be permitted to drive an APS-owned vehicle until he or she has been cleared by the EAP and has completed successfully a return-to-duty test. Approved December 20, 2012 Effective December 20, 2012 Page 8 of 10

9 b. An employee who has a positive controlled substance test result and/or a breath alcohol concentration of 0.02 or greater shall be referred to the EAP for evaluation, diagnosis of the problem and treatment recommendations. If determined to be necessary by the EAP, the employee shall be required to participate in and successfully complete a treatment program as a condition of continued employment. The employee also will be required to sign a release so that the supervisor and the Assistant Superintendent for Human Resources or designee can monitor the employee s compliance with the EAP recommendations. Until cleared to return to work by the EAP, the employee may use accrued annual, personal and/or sick leave. If the employee has no accrued leave, leave without pay shall be authorized. 3. Disciplinary Action a. The following actions on the part of an employee may lead to disciplinary action, up to and including dismissal: Refusal to submit to an alcohol or controlled substances test. Failure to comply with any of the treatment recommendations specified by the EAP. Two positive confirmed tests for controlled substances use, two tests indicating a breath alcohol concentration of 0.02 or more, or a positive confirmed test for controlled substances use and a test indicating a breath alcohol concentration of 0.02 or more. These tests must have been done on separate occasions. b. Impairment by controlled substances and/or alcohol does not excuse actions committed on the job while impaired. An employee may be dismissed or be subject to other disciplinary action without an offer of treatment based on the seriousness of the conduct on the job. If disciplinary action is proposed for an employee who has completed successfully his or her probationary period, the procedures in PIP , Disciplinary Actions shall be followed. c. Employees serving their probationary period and temporary employees who are confirmed to have been impaired on the job by the use of controlled substances and/or alcohol may be dismissed without consideration for treatment. Approved December 20, 2012 Effective December 20, 2012 Page 9 of 10

10 d. Nothing in this procedure shall prevent the suspension or reassignment of an employee while awaiting the results of a controlled substances test when such action is in the best interest of the Arlington Public Schools. Such action is not disciplinary in nature nor does it presume guilt. F. Driver Information and Training 1. Information Each employee whose duties require him or her to possess a CDL shall be provided the following: a. A copy of School Board policy and this PIP; and b. A Driver s Alcohol and Controlled Substances Testing Program Handbook that complies with Department of Transportation regulations, 49 CFR Part 382. Each employee shall be required to sign a receipt that they received these materials. 2. Training Employees whose duties require them to possess a CDL shall receive training annually on alcohol misuse and controlled substances use. Approved December 20, 2012 Effective December 20, 2012 Page 10 of 10

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