Humn Alcohol nd Gming Commission of Ontrio 90 Shepprd Avenue Est Suite 200 Toronto ON M2N 0A4 Commission des lcools et des jeux de l Ontrio 90, venue Shepprd Est Bureu 200 Toronto ON M2N 0A4 Ontrio Toll Free 1-800-522-2876 Fx (416) 213-7827 STANDARDBRED DIRECTIVE NUMBER 1 2017 Revisions to Humn Alcohol nd Drug Rules RULES OF STAN DARDBRED RACING 2076 On Februry 23, 2077 Registrr pproved revisions to Chpter 36 Alcohol nd Drug Violtions nd relted Chpter 2 Definitions, s outlined below. The revisions will come into effect on April 7, 2077. A clen copy of revisions is ttched hereto t Appendix A. A copy of previous version is ttched hereto t Appendix B. Chpter 2 DEFINITIONS Alcohol mens intoxicting gent in Beverge Alcohol, ethyl lcohol, or or low moleculr weight lcohols including methyl nd isopropyl. BAC mens Blood Alcohol Content Concentrtion. It is grms of lcohol in 100 milliliters of blood when referenced s.02 to.039 BAC nd equivlent of 20 to 39 milligrms of lcohol in 100 milliliters of blood. Beverge Alcohol mens beer, wine nd distilled spirits. Drug mens ny substnco, including lcohol, illegl drugs or medictions, use of which hs potentil to dvorsely ffect wy person thinks, feels or cts. Drugs of concern re those tht inhibit person s bility to perform his or her job sfely nd productively, including following: Alcohol mens intoxicting gent in beverge lcohol, ethyl lcohol, or or low moleculr weight lcohols including methyl nd isopropyl. Beverge Alcohol refers to beer, wine nd distilled spirits. Illegl Drug mens ny drug or substnce which is not leglly obtinble nd whose use, sle, possession, purchse or trnsfer is restricted or prohibited by lw. Mediction mens drug obtined leglly, eir over counter or through prescription. Fit for Work IlitiL, - ; : c to-sfely perform ssigned duties without ny limittions due to use or fter effects of lcohol, illegl drugs, medictions or or substnces tht cn impct performnce. eiy Illegl Drug mens ny drug or substnce which is not leglly obtinble nd whose
nd tht hs potentil to impir physicl or cognitive bilities of person prescribed. Mrihun, tht my be leglly prescribed by helth cre professionl in Cnd using substnce, regrdless of wher substnce is or is not used s [NEW] Impiring Prescription Mediction mens substnce, or thn Pge 2 of 26 36.01 All Designted Rcing Officils nd individuls who hold sfety sensitive position re subject to following Alcohol & Drug Rules. ALCOHOL AND DRUG VIOLATIONS - HUMAN Chpter 36 The following positions re included Sfety Sensitive Positions: commission nd officil veterinrin, outrider nd blcksmith, test inspector, TCO2 technicin nd trck mintennce personnel. Stndrdbred: driver, triner, groom, strting gte personnel, horse identifier, Sfety Sensitive Position. This ctegory includes ny nd ll individuls licensees required to temporrily ct in presence on rcetrck. rcetrck t sme time s horses nd circumstnces of tht (b) An indequte response or filure to respond to n emergency or (b) The extent to which position requires individul to be on () The tye nd mount of contct position hs with horses Registrr will consider include, but re not limited, to following: When determining if iosition is Sfety Sensitive Position, fctors which horses, or public; or () An incident ffecting helth or sfety of employees, licensees, ptrons, or Prohibited Substnce use could result in: direct role in rcing such tht Alcohol, Illegl Drug, Impiring Prescrijtion Mediction performnce is impcted by lcohol or or drug use could result in licensee hs opertionl sitution. which individuls hve key nd direct role in hndling of horse such thi Sfety Sensitive Position mens position, s determined by Registrr, in declred prohibited nd includes Mrihun. [NEWJ Prohibited Substnce mens ny substnce which Registrr hs cnnbinol (THC). compounds tht contin psychoctive cnnbinoid chemicl delt-9-tetrhyd ro [NEW] Mrihun mens ll prts of Cnnbis plnt, its derivtives nd use, sle, possession, purchse or trnsfer is restricted or prohibited by lw.
36.02 Designted Licensees re prohibited from following: () illegl drug distribution, mnufcture, offering or of illegl drugs or b) reporting for work influence of illegl drugs; C) in body of illicit drugs or drugs for which prescription is leglly required in determined through testing progrm. use, possession, presence prphernli under Cnd, s unprescribed sle 36.03 Designted prohibited from following: () reporting for work influence of lcohol from ny (b) of lcohol within first eight hours fter n by Commission is not required. dvised use Licensees re under tht test source; ccident or until tested or 36.04 Designted Licensees re prohibited from following: () intentionl misuse of medictions including using mediction not prescribed, using else s prescription mediction, combining mediction lcohol direction; nd (b) unuthorized of prescribed medictions without leglly prescription, nd unuthorized distribution, offering or of prescription medictions (trfficking). The to investigte (through ir doctor or phrmcist) mediction cn ffect opertion nd pproprite ction to minimize sfety risk. use ginst onus rests with someone possession Designted Licensees wher sfe sle tke s nd obtined 36.01 A in Sensitive Position is prohibited from following: () Using n Illegl Drug or Prohibited t licenced fcility; (b) Performing ctivities of Sfety Sensitive Position t licenced fcility while n Illegl Drug or Prohibited is in his or her body; (C) Consuming Alcohol licenced fcility while performing, or prior to performing ctivities, of Sfety Sensitive Position; (U) Performing ctivities of Sfety Sensitive Position t licenced fcility while hving BAC of.02 or higher; (e) Using, t licenced fcility, ny Impiring Prescription Mediction without prescription for of tht mediction; (f) Performing ctivities of Sfety Sensitive Position t licenced fcility while n Impiring Prescription Mediction for which not hve prescription for is in his or her body; (g) Intentionlly using, licenced fcility, ny Impiring Prescription Mediction for in not nd which potentil to impir licensee s bilities to perform ctivities of his or her position sfely; (h) Performing ctivities of Sfety Sensitive Position t licenced fcility while,. An Impiring Prescription Mediction intentionlly in mnner not to is is his or her body, nd b. He or displys tht his or her physicl or cognitive bilities licensee prescribed hs prescribed Sfety t licensee s use use t present licensee s use she licensee signs Substnce Substnce mnner present present licensee does prescribed resonbly used use Pge 3 of 26
(i) re impired to is potentil tht sfely perform ctivities of Sfety Sensitive Position. Within first eight hours of n in 36.03() or until or dvised by Commission under 36.03() tht is not required, using n Illegl Drug or Prohibited or consuming Alcohol or using Impiring Prescription Mediction without prescription for licensee s or intentionlly using ny Impiring Prescription Mediction for licensee s in not cnnot ny use prescribed extent tht re event described Representtive use Substnce mnner test licensee tested prescribed. 36.02 A in Sfety Sensitive Position clled in unexpectedly ctivities of Sfety Sensitive Position in tht would violte 36.01 (b), (d), (f) or (h) shll decline licensee request. mnner 36.03 A fcility in licensee or Designted Rcing Officil shll not be following circumstnces: present t licenced () (b) Alcohol, n Illegl Drug, Prohibited or n Impiring Prescription Mediction is in his or her body, nd He or displys his or her physicl or cognitive bilities impired to is potentil or Rcing Officil sfely perform his or her ctivities or duties relted to of rcing, he or sfety risk to himself or herself, to or or to or, in sitution where or Designted Rcing Officil involved in n incident, or or Designted Rcing Officil displys of physicl or cognitive impirment. she Designted licensee ccident signs present signs tht extent tht re business cnnot persons ner miss, licensee Substnce horses hs been tht licensee she poses re 36.04 () (b) (C) A situtions: licensee in Post Incident/Accident Sfety Sensitive Position is Representtive ner miss tht occurs subject to testing in following A Commission investigting significnt ccident, incident or Sensitive Position to t licensed fcility my require in Sfety testing for of Illegl Drugs, Prohibited Impiring Prescription Mediction or combintion of in his or her body, if belief tht licensee s ctivities or or were relevnt to ccident, incident Substnces, se substnces undergo ner miss being investigted. Required Alcohol Testing circumstnces set re presence licensee Representtive hs resonble At times or in by Commission or Commission or upon direction of Commission in Sfety Sensitive position shll undergo testing for Alcohol in his or her body when y performing, to perform or hve completed performing ctivities of position. Drug A in Sfety Sensitive Position shll undergo testing for of Illegl Drugs, Prohibited Impiring Prescription Mediction or Representtive Unnnounced licensee re Testing scheduled Substnces, Representtive, licensee presence Pge4of26
(d) (e) (f) combintion of se substnces in his or her body without notice to licensee t ny time during rcing seson. The selection of licensee for testing will be by n objective selection system mnged by Commission s Progrm Co-ordintor. Return to Duty Post Violtion Where licensee seeks to return to Sfety Sensitive Position fter suspension for violtion of prohibition in 36.01, he or she will be required to undergo testing for presence of Alcohol, Illegl Drugs, Prohibited Substnces, Impiring Prescription Mediction, or combintion of se substnces in his or her body nd test or tests must show no presence of such substnces in his or her body before licensee my return to such position. In ddition, it shll be condition of licensee s licence s set out in Post-Violtion Agreement described in 36.13 tht licensee will be required to undergo testing for presence of Illegl Drugs, Prohibited Substnces, Impiring Prescription Mediction or combintion of se substnces in his or her body without notice to licensee t ny time. Return to Duty Post Tretment Where licensee is returning to Sfety Sensitive Position fter receiving tretment for buse of or ddiction to Alcohol, Illegl Drugs, Impiring Prescription Mediction or combintion of se substnces, licensee my be subject to testing for such substnces in his or her body s monitoring tool on cse by cse bsis to support licensee s recovery. Additionl Testing Where lbortory conducting test for presence of n Illegl Drug, Prohibited Substnce or n Impiring Prescription Mediction reports tht testing of smple cnnot provide n ccurte determintion of presence or mount of substnce in licensee s body for whtever reson, including tht smple is dilute smple, licensee shll submit to n dditionl test, if directed by Commission Representtive. 36.05 Designted Licensees clled in unexpectedly nd requested to peorm unscheduled duties ssocited with business of rcing while under influence of lcohol, drugs or medictions tht could impct sfety nd/or brech Alcohol nd Drug Rules shll decline request. 36.05 Resonble Cuse Testing Any licensee nd ny Designted Rcing Officil engged in business of rcing t licenced fcility, wher or not he or she is in Sfety Sensitive Position, shll submit to testing for presence in his or her body of Alcohol, Illegl Drugs, Prohibited Substnces or Impiring Prescription Medictions on request of Commission Representtive where, () Tht Representtive hs resonble grounds to believe tht licensee s or Designted Rcing Officil s physicl nd cognitive bilities re impired to extent tht re is potentil tht licensee or Designted Rcing Officil cnnot sfely perform ir ctivities or duties relted to business of rcing, poses sfety risk to or persons or horses, or Pge 5 of 26
Rcing Officil s physicl nd cognitive bilities re impired or were impired t time of incident, ccident or ner miss. 36.06 In ccordnce with Horse Rcing Licence Act, 2075, Commission my Designted Licensees re required to submit to testing on request whenever Commission Representtive hs resonble grounds to believe tht Representtive. unnnounced bsis throughout rcing seson. Selection for testing will be Designted Licensees my be subject to lcohol nd drug testing fter re engged in business of rcing t licensed fcility. resonble grounds to believe tht lcohol or drug use my hve been nlysis t time nd plce nd in mnner directed by representtive. nd prescribed medictions possessed without leglly obtined prescription s set conduct unnnounced serches where re rc resonble grounds to believe resonble grounds to believe tht tht licensee s or Designted (b) The licensee or Designted Rcing Officil hs been involved in n incident, ccident or ner miss nd Commission Representtive hs prohibited substnce is present on Commission Ii censed premises in violtion of Rules of Rcing or specific trck rules. Prohibited substnces include illegl drugs out in Rule 36.02. 36.06 Testing Protocol Alcohol A person required to undergo testing for presence of Alcohol in his or her body shll provide breth smple to Commission Representtive for 36.07 Designted Licensees re subject to testing in following situtions: () Resonble Cuse ctions, ppernce or conduct of Designted Licensee re consistent with, or indictive of use of drugs or lcohol, or where Designted Licensees hve been involved in n incident or ccident nd Commission hs contributing fctor. The decision to test shll be mde by Commission (b) Post Incident/Accident significnt ccident, incident or ner miss tht occurs t Commission licensed fcility s prt of full investigtion into circumstnces. The decision to refer n individul or group of individuls for test will be mde by Commission Representtive investigting incident. (c) Unnnounced Drug Testing Designted Licensees re subject to drug testing which will tke plce on n hndled through n independent selection system mnged by Commission s Progrm Administrtor. (d) Required Alcohol Testing All Designted Licensees re subject to lcohol testing t ny time tht y (e) Return to Duty - Post Following violtion resulting in suspension, Designted Licensees will be required to pss return to duty lcohol nd drug test nd will be subject to Pge 6 of 26 unnnounced testing s condition of continued licensing s set out in n Violtion
Post (f) tqi fh) greement with Commission nd provisions of 38.08 (f). Return to Duty - Tretment Following violtion resulting in Designted Licensee completing primry tretment for n lcohol or drug problem, Designted Licensees my be subject to testing s monitoring tool s determined on cse by cse bsis to support Designted Licensee s recovery. Filure to Test Any Designted Licensee who fils to report directly for test, re fuses to submit to test, re fuses to gree to dis closure of test result to Progrm Administrtor, or whose test results in report from Medicl Review Officer stting tht smple hs been dulterted or tmpered with, violtes of Alcohol nd flriin Rules with connn innces set out in 38.08 trfl Dilute Smples It lbortory identifies dilute smple, designted licensee will be required to complete nor test. 36.07 Testing Protocol Illegl Drugs, Prohibited Substnces nd Impiring Prescription Medictions A person required to undergo testing for presence in his or her body of Illegl Drugs, Prohibited Substnces or Impiring Prescription Medictions, or combintion of se substnces, shll provide smple of bodily fluid to Commission Representtive t time nd plce nd in mnner directed by Representtive. 36.08 The penlties for Designted Licensees re s follows: () Alcohol: Test Result of.02 to.039 BAC (i) for first violtion, suspension from per forming duty or duties for which he/she is licensed for tht dy, $100 monetry penlty nd reminder of policy requirements nd suggested referrl for ssistnce; (ii) for second violtion, suspension from per forming duty or duties for which he/she is Ii censcd for tht dy, $300 monetry penlty nd suspension of 5 dys if committed within 1 2 months of first monetry penlty, nd licensee will be referred to Substnce Abuse Professionl (SAP) for evlution to deter mine need for structured ssistnce progrm nd must provide negtive return to duty drug nd lcohol test; (iii) ny subsequent violtion within 12 months of second violtion shll result in suspension from peorming duty or duties for which y re licensed nd y shll be referred to Commission. (b) Alcohol: Test result of.04 to.079 BAC (i) for first violtion, suspension from per forming duty or duties for which he/she is licensed for tht dy, $300 monetry penlty, suspension for five (5) dys, reminder of policy requirements nd suggested referrl for ssistnce nd must provide negtive return to duty lcohol test; (ii) for second violtion, suspension from per forming duty or duties for which he/she is licensed for tht dy, fine monetry penlty of $500 nd suspension of fifteen (15) dys if committed within 12 months of first violtion, referrl to Substnce Abuse Professionl (SAP) for evlution to Pge 7 of 26
deter mine noed for structured ssistnce progrm if y choose to return to duties with Commission, complince with return to work conditions set out in n greement with individul, nd must provide negtive return to duty drug nd lcohol test; (iii) ny subsequent violtion within 12 months of second violtion shll result in suspension from performing duty or duties for which y re licensed nd y shll be referred to Registrr. (c) Illegl Drugs or Alcohol test result 01.08 BAC or higher (i) for first violtion suspension from per forming duty or duties for which he/she is licensed for tht dy, $500 monetry penlty, suspension of fifteen (15) dys, referrl to Substnce Abuse Professionl (SAP) for evlution to deter mine need for structured ssistnce progrm if y choose to return to ir duties with s licensee, nd complince with return to work conditions set out in n greement with tho individul, nd must provide negtive return to duty drug nd lcohol test; (ii) ny subsequent violtion within 1 2 months of first offence violtion shll result in suspension from per forming duty or duties for which y re Ii censod nd y shll be referred to Registrr. (d) Refusl to Test Sitution (including dulterting/tmpering with smple) A first offence violtion shll result in suspension from per forming duty or duties for which y re licensed nd y shll be referred to Registrr. (e) Subsequent Offence Violtion Sitution The penlty for second violtion will be dministered in ccordnce with specific penlties for tht second violtion ctegory. (f) Post Violtion Agreements Specific conditions will be sot out by greement with Designted Licensee which will include, t minimum following: (I). full coopertion,ifh Q,,h+ r,r Akiic., Drr.l I ccrr, I Itl I I (SAP)?---I process; (ii) krr-r ny recommended tretment, monitoring, nd fter cre progrm; (iii) of sobriety on return to duty; i4 successful completion of return to duty lcohol nd drug test; v)- ongoing unnnounced testing for period set out in greement; (vi) no furr violtions of policy. Although Registrr will refer individuls who test positive to qulified semces, cost of se services is not covered by Commission. All costs ssocited with ssessment, tretment nd fter cre, will be t i.i-. :...-j:..:.-j. (g) Referrl to Registrr Designted Licensees who hve been suspended from performing duties for which y re licensed nd who rc referred to Registrr: (i) must provide proof tht y hve negtive result before pplying for hering to be reinstted; (ii) will be referred to Registrr within twenty (20) dys of request for reinsttement; (iii) VVIH I IiVU 1 ttji: liii :spcnsien frcm!!!!censod ctivities, du ties nd responsibilities nd brred from ffendnce t ll Commission licensed Pge 8 of 26
36.08 Immedite Suspension Illegl industry of rcing, or or specific conditions. Drugs, Prohibited Substnces in sttus of licensee, which my include lifetime bn from sport, nd Pge 9 of 26 36.10 Immedite Suspension Impiring Prescription Mediction with Vlid licensee, Commission Representtive hs resonble grounds to believe Representtive. Upon reviewing report Commission Representtive tht licensee displys signs tht licensee s physicl or cognitive result nd provided report to Commission or Commission suspended from his or her duties until Medicl Review Officer hs reviewed sfely perform ctivities of Sfety Sensitive Position, licensee is bilities re impired extent tht re is potentil tht licensee cnnot Should n Impiring Prescription Mediction be found to be present in body of licensee in Sfety Sensitive Position t time of testing nd, notwithstnding tht mediction hs been vlidly prescribed to Prescription in Sfety Sensitive Position 36.10 Definitions moved to Chpter 2. concerning future sttus of licensee. Vlid Prescription in Sfety Sensitive Position Should n Impiring Prescription Mediction be found to be present in body of licensee in Sfety Sensitive Position t time of testing nd mediction, licensee is suspended from his or her duties until Medicl Commission or Commission Representtive. Upon reviewing report Commission Representtive will mke recommendtion to Registrr Review Officer hs reviewed result nd provided report to 36.09 Immedite Suspension Impiring Prescription Mediction without licensee cnnot show tht he or she hs vlid prescription for (b) hs been tested in resonble cuse or post incident sitution pending (c) hs refused to complete testing process s directed by Registrr. 36.09 The Registrr hs uthority nd discretion to indefinitely suspend ny results of test; Designted Licensee who: (i tnst! 1)2 RAC or nrntr: -,. hs reviewed result nd provided report to Commission or licensee is suspended from his or her duties until Medicl Review Officer Representtive will mke recommendtion to Registrr concerning Should n Illegl Drug or Prohibited Substnce be found to be present in body of licensee in Sfety Sensitive Position t time of testing, Commission Representtive. Upon reviewing report Commission future sttus of licensee. Licensee in Sfety Sensitive Position The referrl to Registrr is for sole purpose of determining future Rcewys pending finl disposition by Registrr.
forthwith be suspended for reminder of tht dy nd my be subject to duties, or whose conduct my reflect dversely on sport, he/she shll 36.71 Wher breth nlysis testing equipment is or is not vilble, nd if due to lcohol or drug impirment, person is unfit to drive, or crry out his or her Pge 10 of 26 suggested referrl for ssistnce; duties for which he or she is licenced for tht dy, $100 monetry penlty, reminder of policy requirements nd BAC,. Where breth smple provided results in test result of.02 to.039 () The penlties for violtion of 36.01 (d) re following: 36.12 Penlties for Violtions of 36.01 Sfety Sensitive Positions beth7 36.12 Any officil who fils to report prticipnt, whom he/she might reson bly violtes se rules nd shll be subject to monetry penlty or suspended, or deter mine to hve been consuming lcoholic beverges or drugs, to Judges or Designted Rcing Officil s physicl nd cognitive bilities re impired re impired to extent tht re is potentil tht licensee or horses, or Representtive hs resonble grounds to believe tht tht licensee s licensee s or Designted Rcing Officil s physicl nd cognitive bilities Designted Rcing Officil cnnot sfely perform ir ctivities or duties 36.05, Alcohol, n Illegl Drug, Prohibited Substnce or Impiring Prescription t time of testing nd, relted to business of rcing or poses sfety risk to or persons or Officil tht he or she my return to his or her duties, if, fter test under until Medicl Review Officer notifies licensee or Designted Rcing A licensee or Designted Rcing Officil is suspended from his or her duties () A Commission Representtive hs resonble grounds to believe Prohibited Substnces or Impiring Prescription Mediction 36.11 Immedite Suspension involved in n incident, ccident or ner miss, Commission or were impired t time of incident, ccident or ner miss. Mediction is present in body of licensee or Designted Rcing Officil furr suspension nd monetry penlty s Judges or or officils see licensee. will mke recommendtion to Registrr concerning future sttus of fit7 Resonble (b) An sitution where licensee or Designted Rcing Officil hs been i. For first violtion, suspension from performing duty or Cuse Testing for Illegl Drugs,
ii. iii. For second violtion, suspension from performing duty or duties for which he or she is licenced for tht dy, $300 monetry penlty, suspension for furr 5 dys if second violtion occurs within 12 months of first violtion, nd referrl, t discretion of Commission Representtive, to Substnce Abuse Professionl (SAP) for evlution to determine need for structured ssistnce progrm, nd Any subsequent violtion within 1 2 months of second or subsequent violtion shll result in suspension from duty or duties for which y re licences nd licensee shll be referred to Registrr who my impose monetry penlty, suspension, mke directions, impose conditions, or combintion of ll of se. b. Where breth smple provided results in test result of.04 to.079 BAC, i. For first violtion, suspension from performing duty or duties for which he/she is licensed for tht dy, $300 monetry penlty, suspension of five (5) dys, reminder of policy requirements nd suggested referrl for ssistnce, ii. For second violtion, suspension from performing duty or duties for which he/she is licensed for tht dy, monetry penlty of $500 nd suspension of fifteen (15) dys if committed within 12 months of first violtion, referrl to Substnce Abuse Professionl (SAP) for evlution to determine need for structured ssistnce progrm if y choose to return to duties with Commission, nd complince with return to work conditions set out in n greement with individul, nd must provide negtive return to duty drug nd lcohol test, iii. Any subsequent violtion within 12 months of second or subsequent violtion shll result in suspension from performing duty or duties for which y re licensed nd y shll be referred to Registrr who my impose monetry penlty, suspension, mke directions, impose conditions, or combintion of ll of se. c. Where breth smple provided results in test result of.08 BAC or higher. i. For first violtion, suspension from performing duty or duties for which he/she is licensed for tht dy, $500 monetry penlty, suspension of fifteen (1 5) dys, referrl to Substnce Abuse Professionl (SAP) for evlution to determine need for structured ssistnce progrm if y choose to return to ir duties s licensee, nd complince with return to Pge ii of 26
se. mke directions, impose conditions, or combintion of ll of Registrr who my impose monetry penlty, suspension, which y re licensed nd y shll be referred to shll result in suspension from periorming duty or duties for ii. Any subsequent violtion within 12 months of first violtion Pge 12 of 26 36.14 Immedite Suspension nd Referrl Refusl to Test, Adulterting or Registrr who my impose monetry penlty, suspension, mke Where licensee refuses to undergo testing s required by this Rule 36 or duties for which y re licenced nd mtter shll be referred to provided under this Rule 36, he or she shll be suspended from performing dultertes or tmpers with, or ttempts to dulterte or tmper with, smple Tmpering with Smple ssocited with ssessment, tretment nd ftercre, will be t his or her own expense. Although Registrr will refer licensees nd Designted Rcing Officils who test positive to qulified services, cost of se services to persons not employed by Commission is not covered by Commission. All costs (e) Ongoing unnnounced testing for period set out in greement, nd progrm, process, () Full coopertion with Substnce Abuse Professionl (SAP) ssessment or 36.03 my be directed by Registrr to enter into Post Violtion 36.13 Post Violtion Agreements Agreement which will, t minimum, include following: ssocition or licensed body. who hs violted this rule, unless tht licensee is directly employed by tht Rcewy, No Rcewy, Assocition, or licensed body shll impose penlty upon licensee 36.13 Additionl Penlties directions, impose conditions, or combintion of ll of se. to Registrr who my impose monetry penlty, suspension, mke (b) Violtions of 36.01, or thn 36.01 (d), nd 36.02 nd 36.03 shll be referred A licensee or Designted Rcing Officil who hs violted ny of 36.01, 36.02, (b) Adherence to ny recommended tretment, monitoring, nd ftercre (c) Mintennce of sobriety on return to duty, (d) Successful completion of return to duty lcohol nd drug test, (f) No furr violtions of policy. must provide negtive return to duty drug nd lcohol test, work conditions set out in n greement with individul, nd
directions, impose conditions, or combintion of ll of se. 36.15 Nothing in this Rule 36 restricts Judge s uthority to impose penlty under 6.Olfor conduct prejudicil to best interests of rcing including, but not limited to, penlties for following: () Possession, distribution, mnufcture, offering for sle of Illegl Drugs, Illegl Drug prphernli, Prohibited Substnces or Prohibited Substnces prphernli; (b) Mnufcture, distribution or offering for sle of drugs for which prescription is requited in Cnd; or (c) Possession of Impiring Prescription Medictions tht re not leglly prescribed to person possessing m. 36.16 Nothing in this Rule 36 restricts Judge s uthority under 6.01 to impose penlty under tht rule in circumstnces where Judge hs resonble grounds to believe tht licensee or Designted Rcing Officil is not cpble of performing his or her ctivities or duties relting to business of horse rcing, wher due to impirment or ny or reson. 36.17 Any licensee or Designted Rcing Officil who fils to report prticipnt whom he or she might resonbly determine to hve been consuming Alcohol, Illegl Drugs or Prohibited Substnces, to Judges violtes se rules nd shll be subject to monetry penlty or suspension, or both. 36.18 Additionl Penlties No Rcewy, Assocition, or licensed body shll impose penlty upon licensee who hs violted this rule, unless tht licensee is directly employed by tht Rcewy, Assocition or licensed body. B DER OF THE REGISTRAR jor Chief Executive Officer nd Registrr of Alcohol, Gming nd Rcing Pge 13 of 26
moleculr weight lcohols including methyl nd isopropyl. Alcohol mens intoxicting gent in Beverge Alcohol, ethyl lcohol, or or low DEFINITIONS Chpter 2 Pge 14 of26 This ctegory includes ny nd ll licensees required to temporrily ct in Sfety presence on rcetrck. rcetrck t sme time s horses nd circumstnces of tht (d) The extent to which position requires individul to be on (c) The type nd mount of contct position hs with horses Registrr will consider include, but re not limited, to following: When determining if position is Sfety Sensitive Position, fctors which opertionl sitution. (U) An indequte response or filure to respond to n emergency or horses, or public; or (c) An incident ffecting helth or sfety of employees, licensees, ptrons, Prescription Mediction or Prohibited Substnce use could result in: which licensee hs direct role in rcing such tht Alcohol, Illegl Drug, Impiring Sfety Sensitive Position mens position, s determined by Registrr, in prohibited nd includes Mrihun. Prohibited Substnce mens ny substnce which Registrr hs declred (THC). contin psychoctive cnnbinoid chemicl delt-9-tetrhyd ro-cnnbinol Mrihun mens ll prts of Cnnbis plnt, its derivtives nd compounds tht substnce, regrdless of wher substnce is or is not used s prescribed. potentil to impir physicl or cognitive bilities of person using my be leglly prescribed by helth cre professionl in Cnd nd tht hs Impiring Prescription Mediction mens substnce, or thn Mrihun, tht use, sle, possession, purchse or trnsfer is restricted or prohibited by lw. Illegl Drug mens ny drug or substnce which is not leglly obtinble nd whose Beverge Alcohol mens beer, wine nd distilled spirits. milligrms of lcohol in 100 milliliters of blood. of blood when referenced s.02 to.039 BAC nd equivlent of 20 to 39 BAC mens Blood Alcohol Concentrtion. It is grms of lcohol in 100 milliliters Rules of Stndrdbred Rcing 2016 revised Appendix A
Sensitive Position. The following positions re Sfety Sensitive Positions: Stndrdbred: driver, triner, groom, strting gte personnel, horse identifier, commission nd officil veterinrin, outrider nd blcksmith, test inspector, TCO2 technicin nd trck mintennce personnel. Chpter 36 ALCOHOL AND DRUG VIOLATIONS - HUMAN 36.01 A licensee in Sfety Sensitive Position is prohibited from following: () Using n Illegl Drug or Prohibited Substnce t licenced fcility; (b) Performing ctivities of Sfety Sensitive Position t licenced fcility while n Illegl Drug or Prohibited Substnce is present in his or her body; (C) Consuming Alcohol t licenced fcility while performing, or resonbly prior to performing ctivities, of Sfety Sensitive Position; (d) Performing ctivities of Sfety Sensitive Position t licenced fcility while hving BAC of.02 or higher; (e) Using, t licenced fcility, ny Impiring Prescription Mediction without prescription for licensee s use of tht mediction; (f) Performing ctivities of Sfety Sensitive Position t licenced fcility while n Impiring Prescription Mediction for which licensee does not hve prescription for use is present in his or her body; (g) Intentionlly using, t licenced fcility, ny Impiring Prescription Mediction prescribed for licensee s use in mnner not prescribed nd which use hs potentil to impir licensee s bilities to perform ctivities of his or her position sfely; (h) Performing ctivities of Sfety Sensitive Position t licenced fcility while,. An Impiring Prescription Mediction intentionlly used in mnner not prescribed to licensee is present is his or her body, nd b. He or she displys signs tht his or her physicl or cognitive bilities re impired to extent tht re is potentil tht licensee cnnot sfely perform ctivities of Sfety Sensitive Position. (I) Within first eight hours of n event described in 36.03() or until tested or dvised by Commission Representtive under 36.03() tht test is not required, using n Illegl Drug or Prohibited Substnce or consuming Alcohol or using ny Impiring Prescription Mediction without prescription for licensee s use or intentionlly using ny Impiring Prescription Mediction prescribed for licensee s use in mnner not prescribed. 36.02 A licensee in Sfety Sensitive Position clled in unexpectedly ctivities of Sfety Sensitive Position in mnner tht would violte 36.01 (b), (d), (f) or (h) shll decline request. 36.03 A licensee or Designted Rcing Officil shll not be present t licenced Pge 15 of 26
Designted Rcing Officil cnnot sfely perform his or her ctivities or impired to extent tht re is potentil tht licensee or (d) He or she displys signs tht his or her physicl or cognitive bilities re Prescription Mediction is present in his or her body, nd (C) Alcohol, n Illegl Drug, Prohibited Substnce or n Impiring Pge 16 of 26 Prohibited Substnces, Impiring Prescription Mediction or combintion of body when y re performing, scheduled to perform or hve completed situtions: combintion of se substnces in his or her body without notice to Commission s Progrm Co-ordintor. required to undergo testing for presence of Illegl Drugs, Prohibited in Sfety Sensitive position shll undergo testing for Alcohol in his or her (C) Unnnounced Drug Testing in Post-Violtion Agreement described in 36.13 tht licensee will be belief tht licensee s ctivities re or were relevnt to ccident, incident position. In ddition, it shll be condition of licensee s licence s set out Representtive or upon direction of Commission Representtive, licensee licensee t ny time during rcing seson. The selection of licensee Where licensee seeks to return to Sfety Sensitive Position fter or ner miss being investigted. for testing will be by n objective selection system mnged by of Illegl Drugs, Prohibited Substnces, Impiring Prescription Mediction or performing ctivities of position. se substnces in his or her body, if Representtive hs resonble ner miss tht occurs t licensed fcility my require licensee in Sfety A Commission Representtive investigting significnt ccident, incident or At times or in circumstnces set by Commission or Commission A licensee in Sfety Sensitive Position shll undergo testing for presence () Post Incident/Accident (b) Required Alcohol Testing 36.04 A licensee in Sfety Sensitive Position is subject to testing in following Sensitive Position to undergo testing for presence of Illegl Drugs, undergo testing for presence of Alcohol, Illegl Drugs, Prohibited such substnces in his or her body before licensee my return to such substnces in his or her body nd test or tests must show no presence of Substnces, Impiring Prescription Mediction, or combintion of se suspension for violtion of prohibition in 36.07, he or she will be required to (d) Return to Duty Post Violtion licensee or Designted Rcing Officil hs been involved in n incident, himself or herself, to or persons or to horses or, in sitution where duties relted to business of rcing, he or she poses sfety risk to ccident or ner miss, licensee or Designted Rcing Officil displys signs of physicl or cognitive impirment. fcility in following circumstnces:
fe) (f) Substnces, Impiring Prescription Mediction or combintion of se substnces in his or her body without notice to licensee t ny time. Return to Duty Post Tretment Where licensee is returning to Sfety Sensitive Position fter receiving tretment for buse of or ddiction to Alcohol, Illegl Drugs, Impiring Prescription Mediction or combintion of se substnces, licensee my be subject to testing for such substnces in his or her body s monitoring tool on cse by cse bsis to support licensee s recovery. Additionl Testing Where lbortory conducting test for presence of n Illegl Drug, Prohibited Substnce or n Impiring Prescription Mediction reports tht testing of smple cnnot provide n ccurte determintion of presence or mount of substnce in licensee s body for whtever reson, including tht smple is dilute smple, licensee shll submit to n dditionl test, if directed by Commission Representtive. 36.05 Resonble Cuse Testing Any licensee nd ny Designted Rcing Officil engged in business of rcing t licenced fcility, wher or not he or she is in Sfety Sensitive Position, shll submit to testing for presence in his or her body of Alcohol, Illegl Drugs, Prohibited Substnces or Impiring Prescription Medictions on request of Commission Representtive where, (c) Tht Representtive hs resonble grounds to believe tht licensee s or Designted Rcing Officil s physicl nd cognitive bilities re impired to extent tht re is potentil tht licensee or Designted Rcing Officil cnnot sfely perform ir ctivities or duties relted to business of rcing, poses sfety risk to or persons or horses, or (d) The licensee or Designted Rcing Officil hs been involved in n incident, ccident or ner miss nd Commission Representtive hs resonble grounds to believe tht tht licensee s or Designted Rcing Officil s physicl nd cognitive bilities re impired or were impired t time of incident, ccident or ner miss. 36.06 Testing Protocol Alcohol A person required to undergo testing for presence of Alcohol in his or her body shll provide breth smple to Commission Representtive for nlysis t time nd plce nd in mnner directed by representtive. 36.07 Testing Protocol Illegl Drugs, Prohibited Substnces nd Impiring Prescription Medictions A person required to undergo testing for presence in his or her body of Illegl Drugs, Prohibited Substnces or Impiring Prescription Medictions, or combintion of se substnces, shll provide smple of bodily fluid to Commission Representtive t time nd plce nd in mnner directed by Representtive. Pge 17 of 26
Should n Illegl Drug or Prohibited Substnce be found to be present in body of licensee in Sfety Sensitive Position t time of testing, Commission Representtive. Upon reviewing report Commission hs reviewed result nd provided report to Commission or licensee is suspended from his or her duties until Medicl Review Officer Representtive will mke recommendtion to Registrr concerning Licensee in Sfety Sensitive Position 36.08 Immedite Suspension Illegl Drugs, Prohibited Substnces in future sttus of licensee. 36.09 Immedite Suspension Impiring Vlid Prescription in Sfety Sensitive Position Should n Impiring Prescription Mediction be found to be present in body of licensee in Sfety Sensitive Position t time of testing nd mediction, licensee is suspended from his or her duties until Medicl Review Officer hs reviewed result nd provided report to Commission or Commission Representtive. Upon reviewing report Commission Representtive will mke recommendtion to Registrr concerning future sttus of licensee. 36.10 Immedite Suspension Impiring Prescription Mediction with Vlid Should n Impiring Prescription Mediction be found to be present in body of licensee in Sfety Sensitive Position t time of testing nd, notwithstnding tht mediction hs been vlidly prescribed to bilities re impired extent tht re is potentil tht licensee cnnot sfely perform ctivities of Sfety Sensitive Position, licensee is will mke recommendtion to Registrr concerning future sttus of 36.11 Immedite Suspension Resonble Cuse Testing for Illegl Drugs, A licensee or Designted Rcing Officil is suspended from his or her duties until Medicl Review Officer notifies licensee or Designted Rcing Officil tht he or she my return to his or her duties, if, fter test under 36.05, Alcohol, n Illegl Drug, Prohibited Substnce or Impiring Prescription Mediction is present in body of licensee or Designted Rcing Officil t time of testing nd, (c) A Commission Representtive hs resonble grounds to believe licensee s or Designted Rcing Officil s physicl nd cognitive bilities Pge is of 26 re impired to extent tht re is potentil tht licensee or Prohibited Substnces or Impiring Prescription Mediction suspended from his or her duties until Medicl Review Officer hs reviewed licensee, Commission Representtive hs resonble grounds to believe tht licensee displys signs tht licensee s physicl or cognitive result nd provided report to Commission or Commission Representtive. Upon reviewing report Commission Representtive licensee. Prescription in Sfety Sensitive Position Prescription Mediction without licensee cnnot show tht he or she hs vlid prescription for
or Designted Rcing Officil s physicl nd cognitive bilities re impired or were impired t time of incident, ccident or ner miss. horses, or Representtive hs resonble grounds to believe tht tht licensee s involved in n incident, ccident or ner miss, Commission (d) An sitution where licensee or Designted Rcing Officil hs been Pge 19 of 26 duties for which he/she is licensed for tht dy, $300 monetry requirements nd suggested referrl for ssistnce, need for structured ssistnce progrm if y choose to Substnce Abuse Professionl (SAP) for evlution to determine penlty, suspension of five (5) dys, reminder of policy committed within 12 months of first violtion, referrl to penlty of $500 nd suspension of fifteen (15) dys if duties for which he/she is licensed for tht dy, monetry b. Where breth smple provided results in test result of.04 to.079 BAC, referred to Registrr who my impose monetry penlty, combintion of ll of se. suggested referrl for ssistnce; suspension, mke directions, impose conditions, or or duties for which y re licences nd licensee shll be Substnce Abuse Professionl (SAP) for evlution to determine subsequent violtion shll result in suspension from duty referrl, t discretion of Commission Representtive, to duties for which he or she is licenced for tht dy, $100 duties for which he or she is licenced for tht dy, $300 need for structured ssistnce progrm, nd monetry penlty, reminder of policy requirements nd monetry penlty, suspension for furr 5 dys if second BAC,. Where breth smple provided results in test result of.02 to.039 violtion occurs within 12 months of first violtion, nd (c) The penlties for violtion of 36.01 (d) re following: i. For first violtion, suspension from performing duty or ii. For second violtion, suspension from performing duty or iii. Any subsequent violtion within 12 months of second or i. For first violtion, suspension from performing duty or ii. For second violtion, suspension from performing duty or 36.12 Penlties for Violtions of 36.01 Sfety Sensitive Positions relted to business of rcing or poses sfety risk to or persons or Designted Rcing Officil cnnot sfely perform ir ctivities or duties
referred to Registrr who my impose monetry penlty, duty or duties for which y re licensed nd y shll be subsequent violtion shll result in suspension from performing iii. Any subsequent violtion within 12 months of second or nd must provide negtive return to duty drug nd lcohol test, Pge 20 of 26 i. For first violtion, suspension from performing duty or ii. Any subsequent violtion within 1 2 months of first violtion (d) Violtions of 36.01, or thn 36.01 (U), nd 36.02 nd 36.03 shll be referred A licensee or Designted Rcing Officil who hs violted ny of 36.01, 36.02, (g) Full coopertion with Substnce Abuse Professionl (SAP) ssessment (h) Adherence to ny recommended tretment, monitoring, nd ftercre (i) Mintennce of sobriety on return to duty, (j) Successful completion of return to duty lcohol nd drug test, (k) Ongoing unnnounced testing for period set out in greement, nd (I) No furr violtions of policy. progrm, process, 36.73 Post Violtion Agreements Agreement which will, t minimum, include following: or 36.03 my be directed by Registrr to enter into Post Violtion directions, impose conditions, or combintion of ll of se. to Registrr who my impose monetry penlty, suspension, mke must provide negtive return to duty drug nd lcohol test, Registrr who my impose monetry penlty, suspension, work conditions set out in n greement with individul, nd which y re licensed nd y shll be referred to need for structured ssistnce progrm if y choose to Substnce Abuse Professionl (SAP) for evlution to determine se. penlty, suspension of fifteen (15) dys, referrl to shll result in suspension from performing duty or duties for duties for which he/she is licensed for tht dy, $500 monetry mke directions, impose conditions, or combintion of ll of higher. return to ir duties s licensee, nd complince with return to c. Where breth smple provided results in test result of.08 BAC or combintion of ll of se. suspension, mke directions, impose conditions, or to work conditions set out in n greement with individul, return to duties with Commission, nd complince with return
Although Registrr will refer licensees nd Designted Rcing Officils who test positive to qulified services, cost of se services to persons not employed by Commission is not covered by Commission. All costs ssocited with ssessment, tretment nd ftercre, will be t his or her own expense. 36.14 Immedite Suspension nd Referrl Refusl to Test, Adulterting or Tmpering with Smple Where licensee refuses to undergo testing s required by this Rule 36 or dultertes or tmpers with, or ttempts to dulterte or tmper with, smple provided under this Rule 36, he or she shll be suspended from performing duties for which y re licenced nd mtter shll be referred to Registrr who my impose monetry penlty, suspension, mke directions, impose conditions, or combintion of ll of se. 36.15 Nothing in this Rule 36 restricts Judge s uthority to impose penlty under 6.Olfor conduct prejudicil to best interests of rcing including, but not limited to, penlties for following: (d) Possession, distribution, mnufcture, offering for sle of Illegl Drugs, Illegl Drug prphernli, Prohibited Substnces or Prohibited Substnces prphernli; fe) Mnufcture, distribution or offering for sle of drugs for which prescription is required in Cnd; or (1) Possession of Impiring Prescription Medictions tht re not leglly prescribed to person possessing m. 36.16 Nothing in this Rule 36 restricts Judge s uthority under 6.01 to impose penlty under tht rule in circumstnces where Judge hs resonble grounds to believe tht licensee or Designted Rcing Officil is not cpble of performing his or her ctivities or duties relting to business of horse rcing, wher due to impirment or ny or reson. 36.17 Any licensee or Designted Rcing Officil who fils to report prticipnt whom he or she might resonbly determine to hve been consuming Alcohol, Illegl Drugs or Prohibited Substnces, to Judges violtes se rules nd shll be subject to monetry penlty or suspension, or both. 36.18 Additionl Penlties No Rcewy, Assocition, or licensed body shll impose penlty upon licensee who hs violted this rule, unless tht licensee is directly employed by tht Rcewy, Assocition or licensed body. Pge 21 of 26
previous Rules of Appendix Stndrdbred B Rcing version Chpter 2 DEFINITIONS BAC mens Blood Alcohol Content. It is of lcohol in 100 milliliters of blood when.02 to.039 BAC nd equivlent of 20 to 39 milligrms of lcohol in 1 00 milliliters of blood. referenced s grms Drug mens ny including lcohol, illegl or medictions, of which potentil to ffect wy thinks, or Drugs of concern inhibit person s bility to perform his or her job sfely nd productively, including following: intoxicting in lcohol, ethyl lcohol, or or low moleculr weight lcohols including methyl nd isopropyl. refers to wine nd distilled spirits. Illegl Drug mens ny drug or nd or is restricted or prohibited by lw. drug obtined leglly, eir prescription. or through hs Alcohol mens Beverge Alcohol substnce, re those tht dversely beer, gent whose use, sle, possession, purchse Mediction mens beverge drugs person substnce which is not leglly trnsfer over--counter feels obtinble Fit being ble to sfely nd effectively perform duties without ny limittions to or fter-effects of lcohol, illegl drugs, or or impct performnce. for Work mens medictions due use substnces tht cn ssigned use cts. Sfety Sensitive Position mens direct role in hndling of drug could result in: (e) An incident ffecting or public; or (f) An opertionl sitution. or use position in which individuls hve key nd tht performnce is impcted by lcohol or horse such horses, indequte response helth or sfety of or filure to respond employees, licensees, to n emergency or ptrons, This includes ny nd ll individuls required to temporrily Sensitive Position. ctegory ct in Sfety following positions included: driver, triner, groom, strting personnel, commission nd officil veterinrin, outrider nd blcksmith, technicin nd trck mintennce personnel. The Stndrdbred: re gte horse test identifier, inspector, TCO2 Chpter 36 ALCOHOL AND DRUG VIOLATIONS - HUMAN Pge 22 of 26
36.01 All Designted Rcing Officils nd individuls who hold sfety sensitive position re subject to following Alcohol & Drug Rules. 36.02 Designted Licensees re prohibited from following: () use, possession, distribution, mnufcture, offering or sle of illegl drugs or illegl drug prphernli; b) reporting for work under influence of illegl drugs; c) presence in body of illicit drugs or unprescribed drugs for which prescription is leglly required in Cnd, s determined through testing progrm. 36.03 Designted Licensees re prohibited from following: () reporting for work under influence of lcohol from ny source; (b) use of lcohol within first eight hours fter n ccident or until tested or dvised by Commission tht test is not required. 36.04 Designted Licensees re prohibited from following: () intentionl misuse of medictions including using mediction not s prescribed, using someone else s prescription mediction, combining mediction nd lcohol use ginst direction; nd (b) unuthorized possession of prescribed medictions without leglly obtined prescription, nd unuthorized distribution, offering or sle of prescription medictions (trfficking). The onus rests with Designted Licensees to investigte (through ir doctor or phrmcist) wher mediction cn ffect sfe opertion nd tke pproprite ction to minimize sfety risk. 36.05 Designted Licensees clled in unexpectedly nd requested to perform unscheduled duties ssocited with business of rcing while under influence of lcohol, drugs or medictions tht could impct sfety nd/or brech Alcohol nd Drug Rules shll decline request. 36.06 In ccordnce with Horse Rcing Licence Act, 2015, Commission my conduct unnnounced serches where re re resonble grounds to believe prohibited substnce is present on Commission Ii censed premises in violtion of Rules of Rcing or specific trck rules. Prohibited substnces include illegl drugs nd prescribed medictions possessed without leglly obtined prescription s set out in Rule 36.02. 36.07 Designted Licensees re subject to testing in following situtions: () Resonble Cuse Designted Licensees re required to submit to testing on request whenever Commission Representtive hs resonble grounds to believe tht ctions, ppernce or conduct of Designted Licensee re consistent with, or indictive of use of drugs or lcohol, or where Designted Licensees hve been involved in n incident or ccident nd Commission hs Pge 23 of 26
(b) (C) (d) fe) (f) (g) (h) resonble grounds to believe tht lcohol or drug use my hve been contributing fctor. The decision to test shll be mde by Commission Representtive. Post Incident/Accident Designted Licensees my be subject to lcohol nd drug testing fter significnt ccident, incident or ner miss tht occurs t Commission licensed fcility s prt of full investigtion into circumstnces. The decision to refer n individul or group of individuls for test will be mde by Commission Representtive investigting incident. Unnnounced Drug Testing Designted Licensees re subject to drug testing which will tke plce on n unnnounced bsis throughout rcing seson. Selection for testing will be hndled through n independent selection system mnged by Commission s Progrm Administrtor. Required Alcohol Testing All Designted Licensees re subject to lcohol testing t ny time tht y re engged in business of rcing t licensed fcility. Return to Duty - Post Violtion Following violtion resulting in suspension, Designted Licensees will be required to pss return to duty lcohol nd drug test nd will be subject to unnnounced testing s condition of continued licensing s set out in n greement with Commission nd provisions of 38.08 (f). Return to Duty - Post Tretment Following violtion resulting in Designted Licensee completing primry tretment for n lcohol or drug problem, Designted Licensees my be subject to testing s monitoring tool s determined on cse by cse bsis to support Designted Licensee s recovery. Filure to Test Any Designted Licensee who fils to report directly for test, re fuses to submit to test, re fuses to gree to dis closure of test result to Progrm Administrtor, or whose test results in report from Medicl Review Officer stting tht smple hs been dulterted or tmpered with, violtes of Alcohol nd Drug Rules with consequences set out in 38.08 (d). Dilute Smples If lbortory identifies dilute smple, designted licensee will be required to complete nor test. 36.08 The penlties for Designted Licensees re s follows: () Alcohol: Test Result of.02 to.039 BAC (i) for first violtion, suspension from per forming duty or duties for which he/she is licensed for tht dy, $100 monetry penlty nd reminder of policy requirements nd suggested referrl for ssistnce; (ii) for second violtion, suspension from per forming duty or duties for which he/she is Ii censed for tht dy, $300 monetry penlty nd suspension of 5 dys if committed within 1 2 months of first monetry penlty, nd licensee will be referred to Substnce Abuse Professionl (SAP) for evlution to deter mine need for structured ssistnce Pge 24 of 26
progrm nd must provide negtive return to duty drug nd lcohol test; (iii) ny subsequent violtion within 1 2 months of second violtion shll result in suspension from performing duty or duties for which y re licensed nd y shll be referred to Commission. (b) Alcohol: Test result of.04 to.079 BAC (i) for first violtion, suspension from per forming duty or duties for which he/she is licensed for tht dy, $300 monetry penlty, suspension for five (5) dys, reminder of policy requirements nd suggested referrl for ssistnce nd must provide negtive return to duty lcohol test; (ii) for second violtion, suspension from per forming duty or duties for which he/she is licensed for tht dy, fine monetry penlty of $500 nd suspension of fifteen (1 5) dys it committed within 12 months of first violtion, referrl to Substnce Abuse Professionl (SAP) for evlution to deter mine need for structured ssistnce progrm if y choose to return to duties with Commission, complince with return to work conditions set out in n greement with individul, nd must provide negtive return to duty drug nd lcohol test; (iii) ny subsequent violtion within 1 2 months of second violtion shll result in suspension from performing duty or duties for which y re licensed nd y shll be referred to Registrr. (c) Illegl Drugs or Alcohol test result of.08 BAC or higher (i) for first violtion suspension from per forming duty or duties for which he/she is licensed for tht dy, $500 monetry penlty, suspension of fifteen (15) dys, referrl to Substnce Abuse Professionl (SAP) for evlution to deter mine need for structured ssistnce progrm if y choose to return to ir duties with s licensee, nd complince with return to work conditions set out in n greement with individul, nd must provide negtive return to duty drug nd lcohol test; (ii) ny subsequent violtion within 12 months of first offence violtion shll result in suspension from per forming duty or duties for which y re Ii censed nd y shll be referred to Registrr. (d) Refusl to Test Sitution (including dulterting/tmpering with smple) A first offence violtion shll result in suspension from per forming duty or duties for which y re licensed nd y shll be referred to Registrr. (e) Subsequent Offence Violtion Sitution The penlty for second violtion will be dministered in ccordnce with specific penlties for tht second violtion ctegory. (f) Post Violtion Agreements Specific conditions will be set out by greement with Designted Licensee which will include, t minimum following: (i) full coopertion with Substnce Abuse Professionl (SAP) ssessment process; (ii) dherence to ny recommended tretment, monitoring, nd fter cre progrm; (iii) mintennce of sobriety on return to duty; (iv) successful completion of return to duty lcohol nd drug test; (v) ongoing unnnounced testing for period set out in greement; nd Pge 25 of 26
(vi) no furr violtions of policy. Although Registrr will refer individuls who test positive to qulified services, cost of se services is not covered by Commission. All costs ssocited with ssessment, tretment nd fter cre, will be t expense of individul. (g) Referrl to Registrr Designted Licensees who hve been suspended from performing duties for which y re licensed nd who re referred to Registrr: (i) must provide proof tht y hve negtive result before pplying for hering to be reinstted; (ii) will be referred to Registrr within twenty (20) dys of request for reinsttement; (iii) will hve continued suspension from ll licensed ctivities, du ties nd responsibilities nd brred from ttendnce t ll Commission licensed Rcewys pending finl disposition by Registrr. The referrl to Registrr is for sole purpose of determining future sttus of licensee, which my include lifetime bn from sport, nd industry of rcing, or or specific conditions. 36.09 The Registrr hs uthority nd discretion to indefinitely suspend ny Designted Licensee who: () tests.02 BAC or greter; (b) hs been tested in resonble cuse or post incident sitution pending results of test; (c) hs refused to complete testing process s directed by Registrr. 36.10 Definitions moved to Chpter 2. 36.11 Wher breth nlysis testing equipment is or is not vilble, nd if due to lcohol or drug impirment, person is unfit to drive, or crry out his or her duties, or whose conduct my reflect dversely on sport, he/she shll forthwith be suspended for reminder of tht dy nd my be subject to furr suspension nd monetry penlty s Judges or or officils see fit. 36.12 Any officil who fils to report prticipnt, whom he/she might reson bly deter mine to hve been consuming lcoholic beverges or drugs, to Judges violtes se rules nd shll be subject to monetry penlty or suspended, or both. 36.13 Additionl Penlties No Rcewy, Assocition, or licensed body shll impose penlty upon licensee who hs violted this rule, unless tht licensee is directly employed by tht Rcewy, ssocition or licensed body. Pge 26 of 26