Delano Joint HSD | E 4312.43 Personnel
Alcohol And Controlled Substances Testing
Alcohol And Controlled Substances Testing
Retention of Records
This section explains which controlled substance and alcohol test records must be completed and maintained, where they must be maintained and for how long. All records shall be maintained in a secure location with controlled access.
Document to be Maintained
A. Alcohol test results indicating a breath alcohol concentration of .02 or greater
B. Verified positive controlled sub-stances test results
C. Refusals to submit to required alcohol or controlled substances test
D. Required calibration of Evidential Breath Testing Devices (EBTS)
E. Substance Abuse Professional's (SAPSS) evaluations and referrals
F. Annual calendar year summary
G. Records related to the collection process (except calibration)
H. Negative and canceled controlled substances test results
I. Alcohol test results indicating a breath alcohol concentration less than .02
To Be Maintained
1. Records related to the collection process:
_ Collection logbooks (if used)
_ Documents related to the random selection process
_ Calibration documentation for EBTs
_ Documentation of Breath Alcohol Technician (BAT) training
_ Documentation of reasoning for reasonable suspicion testing
_ Documentation of reasoning for post-accident testing
_ Documents verifying a medical explanation for the inability to provide adequate breath or urine for testing
_ Consolidated annual calendar year summaries
2. Records related to the driver's test results:
_ Employer's copy of the alcohol test form, including results
_ Employer's copy of the drug test chain of custody and control form
_ Documents sent to the employer by the Medical Review Officer
_ Documentation of any driver's refusal to submit to a required alcohol or controlled substances test
_ Documents provided by a driver to dispute results of test
3. Documentation of any other violation of controlled substances use or alcohol misuse rules
4. Records related to evaluations and training:
_ Records pertaining to substance abuse professional's (SAP's) determination of driver's need for assistance
_ Records concerning a driver's compliance with SAP's recommendations
5. Records related to education and training:
_ Materials on drug and alcohol awareness, including a copy of the employer's policy on drug use and alcohol misuse
_ Documentation of compliance with requirement to provide drivers with educational material, including driver's signed receipt of materials
_ Documentation of supervisor training
_ Certification that training conducted under this rule plies with all requirements of the rule
6. Records related to drug testing:
_ Agreements with collection site facilities, laboratories, MROS, and consortia
_ Names and positions of officials and their role in the employer's alcohol and controlled substance testing program
_ Monthly statistical summaries of urinalysis (40.29 (g)(6))
_ The employer's drug testing policy and procedures
Location of Records
All required records shall be maintained in a secure location with limited access. Records shall be made available for inspection at the employer's principal place of business within two business days after a request has been made by an authorized representative of the Federal Highway Administration.
For example: Specific records may be maintained on computer or at a regional or terminal office, provided the records can be made available upon request from FHWA within two working days.
1. If the result of the screening is less than .02 breath alcohol concentration, no other testing will be conducted.
2. If the result of the screening test reflects an alcohol concentration of .02 or greater, a confirmation test shall be performed.
3. Prior to conducting the confirmation test, the employee may not eat, drink, or place anything in his/her mouth. If possible, the employee should not belch during the waiting period. The confirmation test shall be conducted no less than 15 minutes and no more than 20 minutes from the screening test. The 15 minutes waiting period is provided for the employee's benefit. This time period allows for the dissipation of any mouth alcohol, thereby helping to prevent an artificially high reading.
4. In the event the screening and confirmation test results do not match, the confirmation results will be considered the final results.
5. If the employee results to sign the breath alcohol testing form or fails to provide an adequate amount of breath without a valid medical reason, the district may determine the circumstance to be a refusal to test.
Inability to Provide Adequate Breath
1. If the employee fails to provide an adequate amount of breath, he/she shall provide the district with an evaluation from a licensed physician who is acceptable to the district, concerning the employee's medical ability to provide adequate breath.
2. If the physician determines there is a valid medical reason precluding the employee from providing adequate breath, then the employee's failure shall not be deemed a refusal to test.
3. If the physician is unable to determine a valid medical reason, the employee's failure to provide adequate breath shall be considered a refusal to test.
ALCOHOL AND CONTROLLED SUBSTANCES
TESTING PROCEDURES AND POLICY
Delano Joint Union High School District shall implement and enforce the procedures for transportation workplace testing as set forth in 49 CF Part 40. These procedures include, but are not limited to the following information. In all cases, the requirements of 49 CF Part 40 shall be followed.
Controlled Substances Testing
1. Employees subject to controlled substances testing shall be tested for the following substances:
2. Although the specimen will not be analyzed specifically for adulterants, the lab may conduct adulteration checks (PH, specific gravity or creatinine). The test may be canceled if adulterants are detected. The lab is permitted to check for adulterants as per Federal Department of Transportation (DOT) guidelines.
Specimen Collection Procedures
1. The collection shall take place in a secure location to prevent unauthorized access during the collection process.
2. The specimen shall be kept in sight of the employee and the collection site person until it is sealed and ready for shipment.
3. Employees shall have individual privacy when providing a specimen except when:
a. The employee presents a specimen that is outside the accepted temperature range and he/she refuses to have an oral body temperature measurement, or the body temperature measurement varies more than 1' or 1.80F from the specimen temperature.
b. The collector observes the employee attempting to adulterate or substitute the specimen.
c. The employee's last provided specimen was determined to be diluted.
d. The employee has previously had a verified positive test.
In a. and b. above, the employee must provide a specimen under direct observation. In c. and d. above, the employer may require a direct observation collection.
4. The following specific procedures will be followed during the collection process:
a. The employee must submit identification to the collector. The collection shall not proceed until a positive identification is made.
b. The employee will not be required to undress, or to change into an examination gown. Only outer garments should be removed, i.e. jackets, etc.
c. The donor shall be required to wash his/her hands prior to urination, and shall not have access to any water sources until the specimen has been collected.
d. A bluing agent shall be added to the toilet bowl and the donor may flush the toilet only after releasing the specimen to the collector.
e. The specimen must be at least 45 ml to be acceptable. The collector must measure the specimen temperature within four minutes of urination to determine sample acceptability.
5. If the donor cannot provide a sufficient volume of urine, he/she shall remain at the collection site and be provided not more than 24 ounces of fluids to drink. The donor shall have a period of up to two hours to produce an acceptable sample. If the donor is unable to produce a sample without a valid medical reason, Delano Joint Union High School District shall consider the circumstance to be a refusal to test.
6. The specimen shall be divided into two parts. The collector shall pour 30 ml of urine from the specimen bottle into a second specimen bottle, to be used as the primary specimen. The remainder of the urine, at least 15 ml, shall be poured into another container to be used as the split sample.
7. Both samples shall be shipped in a single shipping container with the appropriate chain of custody forms.
8. The collector and donor must be present together to complete the following process:
a. Seal and label the specimen bottle.
b. Donor initials the bottle label to seal.
c. The chain of custody forms must be signed and dated.
9. If any employee refuses to cooperate with the collection process, the collector shall notify the employer representative and note the non-cooperation on the custody and control form.
1. If the test result of the primary specimen is positive, the employee may request that the MRO direct that the split specimen be analyzed.
2. The split sample analysis will be conducted by a DHHS-certified laboratory who will analyze the sample for presence of the drug(s) for which a positive result was obtained in the primary sample.
3. If the result of the test of the split sample fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, the MRO shall cancel the test and report the cancellation to the district.
4. After the MRO notifies the employee of a positive result for the presence of a drug(s) in the primary sample, the employee has up to 72 hours to request analysis of the split sample.
5. All costs associated with the analysis of the split sample shall be the responsibility of the employee.
6. In the event the outcome of a test is cancellation, the driver shall be returned to duty and no further action against the employee shall be taken. Any lost time and/or compensation shall be returned to the employee.
Inability to Provide Adequate Urine
1. If the employee fails to provide an adequate sample, he/she shall provide the district with an evaluation from a licensed physician, who is acceptable to the district, concerning the employee's ability to provide a sample.
2. If the physician determines there is a valid medical reason precluding the employee from providing adequate urine, then the employee's failure shall not be deemed a refusal to test.
3. If the physician is unable to determine a valid medical reason, the employee's failure to provide adequate urine shall be considered a refusal to test.
1. The test shall take place in a secure location that affords visual and aural privacy to prevent unauthorized persons from seeing or hearing test results.
2. When an employee enters the testing location, the BAT will require him/her to provide positive identification. The test shall not proceed until positive identification of the employee is made.
3. An individually-sealed mouthpiece shall be opened in view of the employee and then attached to the testing unit.
4. The employee shall be required to blow forcefully into the mouthpiece for at least six seconds or until an adequate amount of breath has been obtained.
5. The employee shall be shown the results both on the testing unit and the recording form. The employee shall verify both results are the same. If a result printed by the testing unit does not match the displayed result, the BAT shall declare the test invalid.
ALCOHOL AND CONTROLLED SUBSTANCE TRAINING
As required by Federal Law
On _________________ you received training and information regarding the Department of Transportation's (Federal Highway Administration) alcohol and controlled substances testing regulations.
The training session included a discussion and/or explanation of the following:
1. The identity of the person designated by the employer to answer driver questions about the materials;
2. The categories of drivers who are subject to the provisions of this part;
3. Sufficient information about the safety-sensitive functions performed by those drivers, to make clear what period of the work day the driver is required to be in compliance with this part;
4. Specific information concerning driver conduct that is prohibited by this part;
5. The circumstances under which a driver will be tested for alcohol and/or controlled substances under this part;
6. The procedures that will be used to test for the presence of alcohol and controlled substances, protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the corrected driver;
7. The requirement that a driver submit to alcohol and controlled substances tests administered in accordance with this part;
8. An explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the attendant consequences;
9. The consequences for drivers found to have violated subpart B of this part, including the requirements that the driver be removed immediately from safety-sensitive functions, and the procedures under Section 382-605;
10. The consequences for drivers found to have an alcohol concentration of .02 or greater but less than .04;
In addition to the above training, you also received written information regarding the following:
11. Information concerning the effects of alcohol and controlled substances use on an individual's health, work and personal life; signs and symptoms of alcohol or a controlled substances problem (the driver's or a coworker's); and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to any employee - as listed above, as well as a copy of assistance program and/or referral to management.
Certification of Receipt:
I hereby certify that I have received the training/information as listed above, as well as a copy of the district's alcohol and controlled substances testing policy.
DELANO JOINT UNION HIGH SCHOOL DISTRICT