DATE Revised: January 12, 2015 SARASOTA COUNTY GOVERNMENT EMERGENCY SERVICES DIRECTIVE VOLUME #1 ADMINISTRATIVE NUMBER # 132 CATEGORY POLICY SUBJECT POST-ACCIDENT OR REASONABLE SUSPICION TESTING PURPOSE: To provide personnel direction for post-accident testing and reasonable suspicion testing. POLICY STATEMENT: 1. Post-Accident Testing: A post-accident test of the driver will be conducted if there is reasonable suspicion that the employee was impaired at the time of the accident, or when an accident results in injuries requiring immediate transportation to a medical treatment facility; or when one or more vehicles incur disabling damage that requires towing from the site. In addition, any employee shall be required to undergo drug and alcohol testing if he or she is involved in an accident in a County vehicle that results in a fatality. This includes any employees who are on duty in the vehicle(s) and any other County employees whose performance could have contributed to the accident. An employee who was involved in an accident meeting one of the criteria above will be tested as soon as possible after the accident, but not to exceed eight hours after the accident for alcohol testing and 32 hours for drug testing. If the drug and alcohol tests are not administered within the stated times, no such test(s) shall be conducted. A missed test report shall be used to document reasons for not conducting the required tests. An employee, who is involved in an accident and then goes off shift, must refrain from alcohol use for eight hours following the accident or until after he/she has undergone a post-accident substance test. Any employee who leaves the scene of the accident without justifiable explanation prior to submitting the drug and alcohol testing will be considered to have refused the test and shall be subject to disciplinary action, up to and including termination of employment for insubordination. Post-Accident Testing 1
2. Reasonable Suspicion: If an employee, while on county time, shows reasonable suspicion that he/she may be impaired will be subject to drug and alcohol testing. Reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. Supervisors shall document all pertinent information on the attached Employee Observation Checklist for Reasonable Suspicion Testing. PROCEDURE: The employee involved in an accident or who meets the reasonable suspicion guidelines, will be taken by an on duty Battalion Chief to the County Employee Health Center, 1301 Cattleman Rd. Bldg. B for testing. If the incident or situation occurs after hours or on the weekend, the employees Battalion Chief will follow the attached POST-ACCIDENT DRUG/ALCOHOL TESTING GUIDE to make the necessary arrangements for testing. Pending the results and after consultation with an Assistant Chief, the employee will remain on duty or be placed on administrative leave with pay. The employee will not be allowed to drive home transportation will be provided by the Battalion Chief or other acceptable means of transportation. Employee-Requested Testing An employee who disputes the results of a required drug test may request a reanalysis of the specimen. This test must be conducted at a different DHHS-certified laboratory using the split sample bottle. All costs associated with such testing shall be borne by the employee unless the second test invalidates the original test. The employee s request for a split sample test must be made to the Medical Review Officer (MRO) within 72 hours of notice of the initial test result. Requests after 72 hours will only be accepted if the delay was due to documentable facts that were beyond their control of the employee. Refusal to Test Any employee who refuses to comply with a request for testing, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution, shall be removed from duty immediately, and will be subject to disciplinary action, up to and including termination of employment as appropriate. Refusal can include an inability to provide a specimen or breathe sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior or physical absence resulting in the inability to conduct the test. A refusal to test incurs the same consequences as a positive test result. Drug Testing Procedures Testing will use techniques, equipment, and laboratory facilities that have been approved by the U.S. Department of Health and Human Services (DHHS). Post-Accident Testing 2
An initial Health Care Professional Panel drug screen will be conducted on each specimen. For those specimens that test positive for the presence of any of the prohibited substances, a confirmatory test will be performed. The test will be confirmed positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40, as amended. Confirmed positive results will be reported by the laboratory the County s Medical Review Officer (MRO) for review. Employees may be placed on paid or unpaid leave pending the MRO review and final determination of the drug test. If the findings of the MRO are that the positive test result resulted from legal or prescribed activities, any unpaid leave, or use of the employee s accrued paid leave balances, while awaiting the final determination, will be converted to administrative leave. Mandatory Referral to the Employee Assistance Program An employee who tests positive for the presence of illegal drugs or alcohol, shall be immediately removed from the duties of their position, placed on leave, and receive a mandatory referral to the Employee Assistance Program. Last Chance Agreement If an employee is allowed to retain employment with Sarasota County Government after testing positive for the presence of drugs or alcohol, he/she must comply with the following in order to return to work and to preclude further disciplinary action: Complete the Substance Abuse Professional s recommended treatment program and obtain a return-to-work status. Complete a return-to-work substance screening with a verified negative result. Enter into a Last Chance Agreement with Sarasota County Government. Comply with additional conditions as deemed appropriate. In addition, the employee will be subject to unannounced follow-up tests for a period of one to five years. Post-Accident Testing 3
Sarasota County Government Employee Observation Checklist for Reasonable Suspicion Testing EMPLOYEE NAME: DEPARTMENT: EMPLOYEE ID: DATE: TO BE COMPLETED BY SUPERVISOR Note: testing must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. 1. CHECK IMMEDIATE BEHAVIOR WHICH CAUSED THIS REFERRAL: Alcoholic odor on breathe Staggering, unsteady Falling Slurred speech/excessively loud speech/profanity Anger/hostility toward peers Unable to walk Disoriented to person, place, time Drowsiness Stumbling Other (specify) Avoids associates 2. CHECK SIGNS OF DETERIORATING JOB PERFORMANCE, IF ANY: Frequent absences or days off with incongruent or vague excuses Excessive use of sick leave Tardiness Early departures/absent from assigned work area frequently Failure to follow instructions/complete tasks Missed deadlines Pattern of unreasonable accidents on or off duty Pattern of decreased efficiency as compared to past performance Other (see attached supplemental information) Other observations: Supervisor Printed Name Witness Printed Name Supervisor Signature Witness Signature Post-Accident Testing 4
SUPPLEMENTAL INFORMATION (To be completed by supervisors) EMPLOYEE NAME: DATE: 1. GENERAL OBSERVATIONS (Check pertinent items): Walking Stumbling Swaying Unsteady Staggering Unable to walk Holding on Falling Standing Swaying Rigid Unable to stand Sagging at knee Speech Shouting Profanity Whispering Slow Incoherent Hoarse Rambling Silent Demeanor Uncooperative Sarcastic Crying Calm Talkative Sleepy Excited Argumentative Actions Fighting Hostile Profanity Resisting communication Threatening Hyperactivity Erratic Eyes Bloodshot Watery Sleepy Droopy Dilated Closed Face Flushed Pale Sweaty Clothing/appearance Partially dressed Messy Neat Unruly Odor Other (specify): Dirty Breath Alcoholic odor Faint alcoholic odor No alcoholic odor Movements Fumbling Slow Hyperactive Jerky Nervous Other (specify): Eating Gum Candy Mints Other (specify): Post-Accident Testing 5
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