Reasonable Suspicion Searches Alcohol or Controlled Substances Testing Types of Tests and Employees Subject to Testing Pre-Employment Testing Post-Accident Testing The District reserves the right to conduct searches when the District has reasonable cause to believe that a search will uncover evidence of work-related misconduct. The District may search the employee, the employee s personal items, work areas, lockers, and private vehicles parked on District premises or worksites or used in District business. The District shall establish an alcohol and controlled substances testing program to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances. Required testing includes pre-employment, post-accident, random, and reasonable suspicion. All District employees are subject to reasonable suspicion testing. Employees in safety-sensitive positions are subject to pre-employment, post-accident, random, and reasonable suspicion testing. The following positions are identified as safety sensitive for purposes of drug and alcohol testing: 1. Police officers and/or any persons performing police or security duties and responsibilities. 2. Employees who operate District vehicles. In addition, positions in which employees operate District-leased or Districtrented motor vehicles for a period greater than one week are also identified as safety sensitive for purposes of drug and alcohol testing. 3. Employees required to inspect, service, repair, maintain, operate, or handle hazardous chemicals or equipment or heavy equipment. A pre-employment drug and alcohol test shall be conducted when an applicant or an employee is selected for a safety-sensitive position. The District may not employ or contract for the use of any person as an employee in these positions unless that person passes a drug and alcohol test or is covered by an anti-drug program. A post-accident drug and alcohol test shall be administered to each surviving driver involved in a motor vehicle accident in a Districtowned, -leased, or -rented vehicle for any of the following: 1. If there is a human fatality; 2. The District driver is given a citation and there is bodily injury to any person who requires immediate medical treatment away from the accident scene; or DATE ISSUED: 2/4/2014 1 of 6 -X
3. The District driver is given a citation and there is disabling damage to any motor vehicle that requires it be towed away from the accident scene. Controlled substance and alcohol tests shall be administered within the time frames specified in (REGULATION). An employee who is subject to post-accident testing shall remain readily available for such testing. However, this provision shall not be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. Employees may not perform safety-sensitive functions until passing results of the test are reported to the District. The District shall provide employees in safety-sensitive positions with necessary post-accident information, procedures, and instructions prior to the operation of a District-owned, -leased, or -rented vehicle so that employees will be able to comply with these requirements. The results of a breath or blood test for the use of alcohol or a urine test for the use of controlled substances; conducted by federal, state, or local officials having independent authority for the test; shall be considered to meet the requirements of this section, provided such a test conforms to applicable federal, state, or local requirements and that the results of the test are obtained by the District. Reasonable Suspicion Testing Alcohol The District shall conduct reasonable suspicion drug and alcohol testing of any District staff member, regardless of position or whether the staff member drives a District vehicle, if there is reasonable suspicion to believe that a staff member has violated the District s prohibition against use of alcohol or controlled substances. A staff member shall not report for duty or remain on duty after having a positive test for alcohol or controlled substances. A staff member who has a positive test shall be removed from regularly assigned duties until an employment decision is made. The staff member shall be subject to disciplinary action up to and including termination in accordance with Board policy. [See DF series] The District shall require an employee to submit to an alcohol test when there is reasonable suspicion to believe that the employee has violated the prohibitions of this policy concerning alcohol. The District s determination that reasonable suspicion exists to require the employee to undergo an alcohol test must be based on specif- DATE ISSUED: 2/4/2014 2 of 6 -X
ic, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee. Reasonable suspicion alcohol testing may occur only if the required observations are made during, just preceding, or just after the period of the workday that the employee is required to be in compliance with this policy. Employees may not return to work until passing results of the test have been reported to the District. A written record shall be made of the observations leading to an alcohol reasonable suspicion test and shall be signed by the trained supervisor who made the observations within 24 hours of the observed behavior or before the results of the alcohol test are released, whichever is earlier. Controlled Substances Trained Observers The District shall require an employee to submit to a controlled substances test when there is reasonable suspicion to believe that the employee has violated the prohibitions of this policy concerning controlled substances. The District s determination that reasonable suspicion exists to require the employee to undergo a controlled substances test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee. The observations may include indications of the chronic and withdrawal effects of controlled substances. An employee may not return to work until passing results of the test have been reported to the District. A written record shall be made of the observations leading to a controlled substance reasonable suspicion test and shall be signed by the supervisor who made the observations within 24 hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier. The required observations for alcohol and/or controlled substances reasonable suspicion testing shall be made by trained supervisors. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the employee s alcohol test. Persons designated to determine whether reasonable suspicion exists to require an employee subject to testing under Department of Transportation (DOT) regulations to undergo testing shall receive at least 60 minutes of training on alcohol misuse and at least an additional 60 minutes of training on controlled substances use. The training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. Note: The following provisions apply to employees who are employed in safety-sensitive functions. DATE ISSUED: 2/4/2014 3 of 6 -X
Random Testing Selection for and Notification of Testing Required Nature of Tests Prohibitions Employees in safety-sensitive positions shall be tested at random during the calendar year. Two random sampling pools shall be established consisting of the following groups of employees: 1. Employees who operate commercial motor vehicles and who are required to hold a commercial driver s license by the DOT. 2. All other employees in safety-sensitive positions. An employee may be tested for alcohol only while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. Separate draws shall be pulled for alcohol and controlled substance testing. The selection of employees for random alcohol and controlled substances 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 the employees social security numbers, payroll identification numbers, or other comparable identifying numbers. Under the selection process used, each employee shall have an equal chance of being tested each time selections are made. The District shall make an effort to ensure that random alcohol and controlled substances tests conducted under this policy are unannounced and that the dates for administering random alcohol and controlled substances tests are spread reasonably throughout the calendar year. Each employee who is notified of selection for random alcohol and/or controlled substances testing shall proceed to the test site immediately; however, if the driver is performing a safety-sensitive function at the time of notification, the District shall instead ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible. No employee subject to testing shall refuse to submit to a postaccident alcohol or controlled substances test, a random alcohol or controlled substances test, or a reasonable suspicion alcohol or controlled substances test. The District shall not permit an employee who refuses to submit to such tests to perform or continue to perform his or her job. Such an employee shall be subject to termination. No employee shall report for duty or remain on duty while having an alcohol concentration of 0.04 or greater. If the District has actual knowledge that an employee has an alcohol concentration of 0.04 or greater, the employee shall not be permitted to continue working and shall be subject to termination. DATE ISSUED: 2/4/2014 4 of 6 -X
No employee shall be on duty or shall perform a safety-sensitive function while the employee possesses alcohol. If the District has actual knowledge that an employee possesses alcohol, the employee shall not be permitted to remain on duty or perform a safety-sensitive function and shall be subject to termination. No employee shall use alcohol while on duty or while performing safety-sensitive functions. If the District has actual knowledge that an employee is using alcohol while on duty or while performing safety-sensitive functions, the employee shall not be permitted to remain on duty or perform safety-sensitive functions and shall be subject to termination. No employee shall perform safety-sensitive functions within four hours after using alcohol. If the District has actual knowledge that an employee has used alcohol within four hours, the employee shall not be permitted to perform or continue to perform safetysensitive functions. No employee required to take a post-accident alcohol test shall use alcohol for eight hours or until he or she undergoes a post-accident alcohol test, whichever occurs first. Other Alcohol- Related Conduct Prohibitions on Use of Controlled Substances by Employees No employee tested under the provisions of this policy who is found to have an alcohol concentration of 0.02 or greater shall remain on duty or perform safety-sensitive functions for the District, including driving a commercial motor vehicle, nor shall the District permit the employee to perform or continue to perform safetysensitive functions until the start of the employee s next regularly scheduled duty period or 24 hours, whichever is greater. The employee shall not receive pay and shall be subject to other disciplinary action, including possible termination. No employee shall report for duty, remain on duty, or perform a safety-sensitive function when the employee uses any controlled substances (illicit or prescribed), as defined by law, except when the use is pursuant to the written instructions of a physician who has advised the employee that the substance does not adversely affect the employee s ability to perform his or her job and/or safely operate a commercial motor vehicle. This written statement from the physician must be filed with the employee s department before the employee begins work. The District shall require an employee to inform the employer of any therapeutic drug use, except that no notification is required for such drug use that does not induce drowsiness or impair employment performance. DATE ISSUED: 2/4/2014 5 of 6 -X
Failure to report such therapeutic drug use may result in termination. No employee shall report for duty, remain on duty, or perform a safety-sensitive function if the employee tests positive for controlled substances. If the District has actual knowledge that an employee has tested positive for controlled substances, the employee shall not be permitted to perform or continue to perform his or her duties and/or safety-sensitive functions and shall be subject to termination. Consequences of Positive Test Results Referral Records Reports In addition to the consequences established by federal law, a District employee confirmed to have violated the District s policy pertaining to alcohol or controlled substances shall be subject to termination. [See DH] The following conduct is in violation of the alcohol and controlled substances policy and shall result in termination of employment: 1. Refusing to submit to a required test for alcohol or controlled substances. 2. Providing an adulterated, diluted, or substituted specimen on an alcohol or drug test. 3. Testing positive for alcohol, at a concentration of 0.02 or above. 4. Testing positive for controlled substances. Each employee who has engaged in conduct prohibited by this policy shall be advised by the District of the resources available to the employee in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs. The District shall maintain records of its alcohol misuse and controlled substances use prevention programs. The records shall be maintained in a secure location with controlled access. The District shall prepare and maintain an annual calendar year summary of the results of its alcohol and controlled substances testing programs performed under this policy. By March 15 of each year, the District shall complete the annual summary covering the previous calendar year. DATE ISSUED: 2/4/2014 ADOPTED: 6 of 6 -X