Chapter 3.90
DRUG PREVENTION AND EMPLOYEE TESTING PROGRAM
Sections:
3.90.010 Summary policy statement – Drug-free workplace.
3.90.030 Prohibited conduct (violations may result in termination from employment).
3.90.040 Purpose and applicability.
3.90.050 Definitions of terms.
3.90.060 General policy and discipline.
3.90.070 Drug testing procedures.
3.90.080 Employer response to a positive, adulterated, substituted or dilute test.
3.90.100 Pre-employment testing procedures.
3.90.110 Post-accident testing procedures.
3.90.120 Reasonable suspicion testing procedures.
3.90.130 Random/baseline testing procedures.
3.90.140 Medications, prescriptions and medical marijuana.
3.90.150 Facility inspections.
3.90.180 Last chance agreement – Employee assistance and education – Self-reporting.
3.90.190 Rehiring known policy violators.
3.90.210 Laws and regulations.
3.90.220 Addendum A – List of DOT and safety-related positions.
3.90.010 Summary policy statement – Drug-free workplace.
The Hi-Desert Water District (“the district”) is committed to maintaining a safe, healthy and drug-free work environment for all our employees. As such, the district has instituted a drug prevention and employee testing program that applies to all employees of the district, including federally regulated (DOT) employees. This summary policy, to include our extended policy, shall apply to all persons conducting business on behalf of our organization, to include all paid or unpaid employees, contractors, subcontractors, applicants, students or leased employees. The district, under its own independent authority, requires all our applicants and employees to adhere to the highest standards, as such our policy may exceed those requirements outlined within applicable federal and state regulations. In an effort to assist our valued employees, the district has established a self-help employee assistance program (“EAP”), that provides drug and alcohol educational materials and confidential referral services by calling 1-800-999-7222. [Res. 10-13 Add. B].
3.90.020 Testing methods.
The district may request, under its own independent authority, a single or combination of tests, using urine, hair, fingernail, saliva, blood, breath or any other method to determine our employee/applicant’s drug-free status. All test samples will be screened for amphetamines, marijuana, cocaine, opiates and PCP at a minimum. Any sample testing positive on the initial screen will be confirmed via GC/MS and these findings will be reviewed with the employee/applicant by the organization’s medical review officer (MRO). All DOT-mandated testing will be conducted in accordance with Title 49 CFR Part 40, with additional testing under the district’s independent authority.
A. Pre-Employment. Pre-employment drug testing will be required of all job applicants who are applying for a safety-related or DOT position, prior to hire and for current employees who are transferring from a non-safety-related position, into a safety-related or DOT position, and to include employees who have been removed from the random testing pool for 30 days or more. DOT-regulated applicants will also be required to consent to a two-year release of information from the applicant’s past employers, concerning the applicant’s drug- and alcohol-testing history. Any MRO verified positive drug test result, breath alcohol reading of 0.04 percent BAC or any refusal to test found during this investigation may result in the applicant’s denial from employment for at least six months.
B. Random. All safety-related employees and DOT-regulated employees will be required to submit to random drug and breath alcohol testing. All random testing will be conducted only during the employee’s compensable work time. Random selections will be conducted using Cal-Test’s computer-generated random lists. The district may require 100 percent baseline testing of all safety-related or DOT-regulated employees at any time, to include baseline testing of a specific crew or shift. All required employees will have an equal chance of being selected, on each testing occasion. For a listing of covered positions, please make a written request to the HR manager. Random drug and alcohol testing for DOT-regulated employees will be conducted at or above the DOT minimum annual rates.
C. Post-Accident. DOT-regulated employees are required to test for drug and breath alcohol after any reportable accident. In addition, under the district’s own authority, any employee or group of employees may be required to undergo post-accident drug and breath alcohol testing, immediately following any incident that has caused personal injury to any person that requires professional medical treatment away from the incident scene, or when a fatality occurs, or when a vehicle must be towed away from the incident scene. This includes testing of any or all employees who the district determines have or may have been a contributing factor in the incident/accident. The employee’s medical treatment must take place first, prior to post-accident testing. The employee should then be safely transported to Cal-Test for testing. The employee(s) must not be allowed to drive or perform any type of safety-related duty for the district, until the test results are reported back to the organization’s designated employer representative (DER) by Cal-Test, Inc.
D. Reasonable Cause. Any employee, who the employer determines may be working while impaired, will be required to submit to immediate drug and breath alcohol testing. The employee should be transported to Cal-Test for testing. The employee must not be allowed to drive or perform any type of safety-related duty for the organization until the test results are reported back to the organization’s designated employer representative (DER) by Cal-Test, Inc. [Res. 10-13 Add. B].
3.90.030 Prohibited conduct (violations may result in termination from employment).
All applicants and employees are required to remain drug- and alcohol-free while at the workplace or on duty during employment with the district. As such, all personnel are prohibited from having any detectable amount of illegal drugs or alcohol (at or above 0.01 percent BAC) within their bodily system, during compensable work time. This includes, but is not limited to, all time while on district property or while conducting business on behalf of the district or while operating district vehicles or equipment.
All applicants and employees are prohibited from possessing, dispensing, distributing, manufacturing, consuming, selling, transferring, or in any way encouraging the sale, possession or consumption of illegal drugs, alcohol or any other impairing substances, which may include medications prescribed by a medical doctor outside the United States of America. If the employee is taking any legally prescribed medications from a U.S. medical doctor or over-the-counter medications that may cause impairment, the employee must notify the employer of the employee’s possible impairment, prior to performing safety-related duties. To ensure safety, while taking medications that have been properly prescribed by a U.S. medical doctor, the organization may require an employee/applicant to undergo a fitness for duty medical evaluation and medical clearance prior to resuming or entering into a safety-related duty. Written prescriptions issued outside the United States, such as Mexico or Canada, may not be accepted.
The organization does not permit the use of medical marijuana. Furthermore, this practice is considered prohibited conduct, even if the employee or applicant possesses a state-issued medical marijuana card or doctor’s authorization. This substance is prohibited under federal law and is not considered a prescription drug.
All employees are prohibited from refusing, hindering, delaying, interfering or in any way attempting to defeat or interrupt the collection or testing process. This includes not showing up for a testing appointment, reporting late for testing, leaving the collection site, not following the collector/supervisor’s verbal instructions, arguing with or threatening the sample collector, providing misleading information, providing an out of temperature urine sample, adding anything to the urine sample or any conduct that is intended to interfere, obstruct or defeat the collection or testing process. Please see the extended policy available within the HR department for more details. [Res. 10-13 Add. B].
3.90.040 Purpose and applicability.
A. Purpose. The Hi-Desert Water District is very concerned about the ever-increasing threat drug and alcohol abuse poses upon the safety and well-being of our employees, customers and the general public. Although we strive to maintain a safe working environment, the U.S. government warns that drug and alcohol abuse continues to contribute to increased accidents, injuries and workplace violence. As a result, the district has chosen to implement this drug prevention and employee testing program in order to help protect our valued employees and the general public from the dangers posed by this known employee hazard.
This chapter is intended to outline our mandatory drug-free workplace and employee testing policy, so all our employees have a working knowledge of what is expected of them as an employee of the district. In order to afford the highest amount of protection for our employees, the district has chosen to meet or exceed all federal or state mandates relating to employee drug and/or alcohol prevention and testing. Our compelling interest is to help safeguard our employees and our customers from workplace violence, personal injury or eventual death that may be caused by substance abuse.
B. Goal. Our goal is to eliminate the threat drug use and criminal activity have on the safety and well-being of our employees. As such, our organization has developed a solid commitment to eliminate criminal threats, to include drug and alcohol abuse from our employees’ work environment, through the use of employee testing, discipline and access to our employee assistance program (“EAP”).
C. Applicability. This policy applies to all our employees, leased employees, unpaid employees, volunteers, contractors, subcontractors and all employees regulated by the following federal Department of Transportation agencies/regulations:
1. Pipeline and Hazardous Materials Safety Administration, Title 49 CFR Part 199 and Part 40. Covered positions include, but are not limited to, pipeline/LNG operations, maintenance or emergency response functions.
2. Federal Motor Carrier Safety Administration, Title 49 CFR Part 382 and Part 40. Covered positions include, but are not limited to, operators of commercial motor vehicles.
3. Federal Transit Administration, Title 49 CFR Part 655. Covered positions include, but are not limited to, operators, controllers, security and maintenance personnel for revenue service vehicles. [Res. 10-13 Add. B § 1].
* For more detailed information and a copy of the above regulations, please visit http://www.dot.gov/ost/dapc/
3.90.050 Definitions of terms.
“Alcohol” is any beverage that contains ethyl-alcohol (ethanol), including but not limited to beer, wine, distilled spirits and medications containing alcohol.
“BAC” or “breath alcohol concentration” is the unit of measure of the alcohol present in a volume of breath expressed in terms of grams of alcohol per 210 liters, as indicated by an evidential breath test (EBT).
“BAT” or “breath alcohol technician” is a professional who is specially trained to assist and direct a donor with the collection of a valid breath or saliva alcohol sample.
“Compensable work” is any time of the day or night when the district is paying an employee for work performed, which includes paid standby and/or on-call assignments or anytime the district provides direction or control.
“Contraband” is any item or device that is being used or possessed in violation of any federal, state or local law, regulation or ordinance. This includes any drug or alcohol related item, weapons or stolen property.
“District property” is any property owned, leased or otherwise under the control of the district. This includes nondistrict-owned work locations, such as off-site construction sites, etc. Also included are district-controlled parking lots, vehicles, equipment and any other device used to perform work on behalf of the district.
“DOT-regulated” means that the employee/applicant is mandated, under federal regulations, to submit to testing as a condition of working in a DOT-regulated position or task, as outlined within Title 49 CFR Part 199 (PHMSA), 382 (FMCSA), 655 (FTA) and Title 14 CFR Part 121, Appendices I and J (FAA).
“Employee” means anyone receiving compensation from the district, including, but not limited to, full-time, part-time, occasional, temporary help, contracted or subcontracted labor, to include contracted organizations. Also included is unpaid labor, such as volunteers, interns, students and the like.
“Illegal drug” is any drug or substance that is being used or possessed in violation of any federal, state or local law, regulation or ordinance. This includes the misuse of any prescription medication or the use or possession of someone else’s prescription medications. This also includes the unauthorized possession and/or use of non-FDA-approved medications prescribed within foreign countries.
“Safety-related” is any position or job task that may lead to serious injury or death, if performed improperly. This task should be regularly performed by the employee. This includes the operators of motor vehicles, machinery and heavy equipment. Additional tasks include working around hazardous materials, hazardous work environments and child supervision. See Chapter 3.85 HDWDC for list of safety-related positions.
“Safety-sensitive” are specific positions or tasks that may be performed by an employee or groups of employees, that are required by the federal Department of Transportation to participate in random drug and/or alcohol testing. See also “DOT-regulated.”
“Sample collector” is a professional who is specially trained to assist and direct a donor with the collection of a valid forensic sample using strict chain of custody procedures.
“Under the influence” is any condition in which an employee is affected by a drug or by alcohol in any detectable manner. The symptoms of influence are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of being “under the influence” can be established solely on a scientifically valid test, such as a urine, hair, blood, breath, saliva, fingernail or any other medically acceptable testing method which shows any detectable amount of a prohibited drug or alcohol. [Res. 10-13 Add. B § 2].
3.90.060 General policy and discipline.
A. General Policy. All applicants and employees are prohibited from possessing, dispensing, distributing, manufacturing, consuming, selling, transferring, or in any way encouraging the sale, possession or consumption of illegal drugs, alcohol or any other impairing substances, to include non-FDA-approved medications prescribed by a medical doctor outside the United States of America. If the employee is taking any legally prescribed medications from a U.S. medical doctor or over-the-counter medications that may cause impairment, the employee must notify the employer of the employee’s possible impairment, prior to performing safety-related duties. To ensure safety, while taking medications that have been properly prescribed by a U.S. medical doctor, the district may require an employee/applicant to undergo a fitness for duty medical evaluation and medical clearance prior to resuming or entering into a safety-related duty. Written prescriptions issued outside the United States, such as Mexico or Canada, will not be accepted.
All employees are prohibited from having any detectable amount of illegal drugs within their bodily system during compensable work time or while on district property or assignment. This will be determined by the use of employee drug testing procedures performed by Cal-Test, Inc.
All employees are prohibited from having any measurable amount of alcohol within their bodily system during compensable work time, resulting in a confirmed reading of 0.02 percent BAC or higher. Any employee with a confirmed reading of 0.02 percent BAC, but less than 0.04 percent BAC, must be removed from duty for no less than 24 hours, and then provide a negative breath alcohol test prior to resuming duty with the district. Any alcohol violation of 0.04 percent BAC or higher shall be treated the same as a positive drug test.
All employees and/or supervisors are required to cooperate with Cal-Test staff at all times. All employees and/or supervisors are also required to report suspected illegal drug use or suspected violations of this policy to the district general manager or HR manager, without delay. Failure to report or ignoring such violations may lead to immediate termination of the employee and/or the supervisor.
All DOT-regulated employees are prohibited from consuming alcohol within four hours of their assigned work shift, which includes all compensated on-call or standby work time. All employees are encouraged to discontinue alcohol use at least eight hours prior to reporting for duty.
All employees are required to cooperate with the Cal-Test collector and promptly submit to any testing requested by the district, without delay or hindrance. No employee, sample donor or any other person is permitted to interfere, disrupt or threaten the Cal-Test collector. All employees are prohibited from interfering, delaying, harassing, threatening, and intimidating or in any way disrespecting the Cal-Test sample collector.
All employees are required, under the district’s own authority, to supply a valid bodily sample, upon request of the district. This may consist of urine, hair, fingernail, saliva, blood, breath, or any other medically acceptable sample for the detection of drug or alcohol use. The district may require an employee to submit to one or more of the above samples, if needed. (Example: urine and hair.)
All employees must report to the sample collection facility within 30 minutes upon verbal notification, whenever possible. The employee then has no more than three hours to produce a valid sample for testing, otherwise a hair sample may be requested. DOT-regulated employees are allotted three hours, by regulation.
All employees are prohibited from performing any type of safety-related function, while under the influence of a controlled substance or any other substance that may cause impairment. This includes any legally prescribed medication(s) or over-the-counter medication(s). If you are taking medications that may cause impairment, you must notify the district immediately, so the district may offer you an alternative work assignment, if available. The name of the medication need not be disclosed, only the fact that impairment may be possible. The district doctor may allow you to return to your safety-related duties upon proper medical clearance.
Any employee convicted of violating any state or federal drug or alcohol law is required to notify the employer within five calendar days of such conviction. Conviction does not include arrests, but does include court findings of guilt, a plea of no contest or an imposition of sentencing by any judicial body.
B. Discipline. Any violation of this policy will lead to your immediate removal from duty and may result in immediate termination. [Res. 10-13 Add. B § 3].
3.90.070 Drug testing procedures.
All samples, which include urine, hair, fingernail, saliva, blood, sweat, breath or any other medically acceptable sample(s), will be collected, processed and tested by nationally certified professionals. The district may request one type of sample or a combination of sample collections, as needed. All DOT sample collections and lab testing will follow the highest federal standards, using Title 49 CFR Part 40 as our guide. All DOT tests will be processed through our DHHS/SAMHSA federally certified lab for amphetamines (1,000 ng/ml), marijuana (50 ng/ml), cocaine (300 ng/ml), opiates (2,000 ng/ml) and PCP (25 ng/ml). All non-DOT tests will be screened for no less than these five drugs of abuse; however, the district may test for more substances, under its own authority. All return to duty and follow-up tests will be collected under same-sex direct observation.
A. Sample Collection. All sample collections will be conducted using our district-approved provider, Cal-Test, Inc. All sample collections will be conducted using strict chain of custody protocol, to ensure each and every sample is properly packaged and sealed in the employee’s presence. Our collectors will process only one donor at a time and will affix bar-coded integrity seals to the donor’s sample in the presence of the donor to ensure no sample mix-ups. All DOT urine samples are then packaged and shipped to our federally certified lab (DHHS/SAMHSA) for testing. All DOT breath alcohol testing will be conducted using an approved evidential breath testing (EBT) device operated by a certified breath alcohol technician (BAT).
B. Sample Testing. Once the sample arrives at the lab, the lab’s accessioning personnel visually inspect the sample bottles and seals for signs of tampering and/or adulteration. If the sample is intact, the sample is processed using the affixed bar codes. If the sample bar codes don’t match or there are signs of tampering, the sample is rejected for testing. A retest may be required via urine and hair under these circumstances. Once the sample is cleared for testing, the lab performs the following screens:
1. Adulteration/Dilution. All samples are tested for possible adulteration and dilution attempts, to ensure all samples submitted are suitable for testing, prior to entering the EMIT screening process;
2. EMIT. The EMIT screen is designed to identify drug-free urine and report results out to the agency quickly, normally within 24 hours. If a drug class is detected, the same sample (Bottle A) is sent on for additional testing via GC/MS;
3. GC/MS. GC/MS testing is designed to identify a specific drug class and its metabolite. GC/MS will identify how much drug was present within the sample and eliminate all over-the-counter medications and foods. This test looks for prescription strength medications, both legal and illegal. The results are then forwarded to our certified MRO for medical review;
4. MRO. The medical review officer will receive the GC/MS test results from the lab, along with chain of custody documents. The MRO and the employer will attempt to contact the employee via the home telephone number provided by the employee at the time of sample collection, to discuss possible medical explanations for the GC/MS positive test result. This is the employee’s only opportunity to discuss any prescription drug use with the MRO. If the employee’s legally prescribed drug use is verified as causing the confirmed positive test, the MRO will reverse the lab’s finding and will report a negative (drug-free) result to the employer. If the employee is unable to provide a legitimate explanation for the GC/MS positive test, or fails to make contact with the MRO within 72 hours, the MRO reports the employee’s test as confirmed positive for illegal drug use. If the DOT-regulated employee provided a split sample at the time of sample collection, he/she may request, in writing, from the MRO, that the split sample (Bottle B) be retested at another DHHS/SAMHSA lab. This request must be made within 72 hours of MRO contact or this split sample retest option is lost.
C. Test Results. All test results will be reported to the employer for proper action under this policy. The employee may request a copy of his test results from his employer free of charge or from Cal-Test, Inc., for a nominal fee. [Res. 10-13 Add. B § 4].
3.90.080 Employer response to a positive, adulterated, substituted or dilute test.
A. Confirmed Positive Test.
1. Conditional New Hire in a DOT or Safety-Related Position (“New Hire”). The employer will withdraw the conditional offer of employment for any new hire, who the MRO reports as confirmed positive for illegal drug use. The conditional new hire may not reapply or retest for the district, until the conditional new hire has been evaluated by a district-approved substance abuse professional (SAP) and has been cleared to reapply by the SAP, in writing. No retesting will be permitted, until the new hire has completed this SAP process. The new hire cannot be allowed to work, while seeking assistance from the SAP. All charges or fees for the SAP or other services are the obligation of the new hire, not the employer.
2. Current Employee. The employer will immediately remove the employee from all duties, and conduct a private face-to-face meeting with the employee. At this meeting the employee will be advised of his employee misconduct and will be told of his pending termination. If the employer permits, the employee may be allowed to enter into the district employee assistance program (EAP), under the terms of the district-approved last chance agreement (LCA). The LCA must be signed during this face-to-face meeting, and then faxed to Cal-Test for proper tracking. The employee will then be directed to an approved SAP for evaluation and treatment. Upon SAP-prescribed treatment completion, the SAP will fax a return to duty approval letter to the DER, so the employee can resume DOT-regulated or safety-related duty, pending a negative return to duty drug and/or breath alcohol test. The SAP may require follow-up testing for up to 60 months, per the employee’s treatment plan.
B. Confirmed Adulterated or Substituted Test (This Is a Refusal to Test).
1. Conditional New Hire/Employee. The employer will terminate or deny employment to any person who has provided an adulterated or substituted sample. This is considered a refusal to test. The new hire/employee may not reapply or retest for the district, until evaluated by a district-approved substance abuse professional (SAP) and has been cleared to reapply by the SAP, in writing. No retesting will be permitted, until this SAP process has been completed. An “adulterated” result means that the lab and the MRO have discovered a known adulterant that has been added to the sample, which is not consistent with normal human urine. A “substituted” result means that the lab and the MRO have determined that the sample provided is not consistent with normal human urine.
C. Confirmed Dilute Sample (Retesting via Hair Required).
1. Conditional New Hire/Employee. There are few reasons for an employee or new hire to produce a dilute specimen. Dilute specimens are caused by ingesting large quantities of liquid just prior to testing, or by taking diuretic supplements in an attempt to flush out toxins from one’s body. Since a dilute (specific gravity of < 1.003 and creatinine < 20 mg/dL) sample result is unable to give the district a true and genuine reading of the applicant/employee’s drug-free status, the district, under its own authority, requires immediate retesting via hair and urine.
D. Abnormal Sample Report (Unsuitable for Testing).
1. Conditional New Hire/Employee. If a sample is reported by the testing lab as abnormal, unsuitable, unable to test or cannot be tested for any reason, the agency, under its own authority, will require an immediate retest via hair in order to obtain a reliable test result.
E. Unacceptable Sample (Out of Temperature/Suspect Tampering).
1. Conditional New Hire/Employee. If a sample is reported by the sample collector as out of temperature, suspect adulterated, suspect substituted or suspected of being tampered with by any means, the collector is authorized to recollect another urine sample under same-sex direct observation. This means the collector must observe the urine leave the donor’s body, into the sample cup. The district may also require retesting via hair, in addition to retesting under direct observation. The suspect sample and the direct observation sample are sent to the testing lab for analysis. The district may terminate or deny employment to any employee/applicant for suspected sample tampering. [Res. 10-13 Add. B § 5].
3.90.090 Refusal to test.
All employees and conditional new hires in DOT- or safety-related positions are required to immediately undergo drug and/or alcohol testing at the request of the district, under the terms of this policy. Failing to do so will result in immediate removal from duty and will result in termination from employment.
The following is a partial listing of situations that will constitute a refusal to test situation:
A. Refusal to Test.
1. Verbally or physically refusing to submit to testing;
2. The MRO has reported the sample as adulterated;
3. The MRO has reported the sample as substituted;
4. The MRO or sample collector has reported a refusal to test;
5. Adding any substance, other than your own body’s urine, into the sample collection container(s);
6. Adding water or another’s urine into the sample collection container(s);
7. Possessing any material or device used to adulterate, substitute or tamper with the collection process;
8. Presenting a urine sample to the collector, which has been substituted or adulterated;
9. Masking your sample by any means, which will alter the testing process;
10. Verbally refusing to take a test, when ordered by a district supervisor or their appointed agent (Cal-Test);
11. Physically refusing to report for testing, when ordered by a district supervisor or their appointed agent;
12. Not reporting on time for testing, as directed;
13. Reporting late for a scheduled testing appointment;
14. Delaying or interfering with the collection or testing process by any means;
15. Verbally or physically abusing the sample collector or interfering with the sample collector;
16. Refusing to consent for testing, as required by the collection site or employer;
17. Refusing to supply required testing information, such as employee ID number;
18. Supplying false or misleading information to the collector or district;
19. Refusing to sign the verification statement on either a breath or drug test form;
20. Refusing to calmly follow the collector’s verbal instructions;
21. Refusing to retest under direct observation, when required by the collection site;
22. Attempting to defeat the collection or testing process by any means;
23. Leaving the collection site at any time, during the collection process (includes waiting area);
24. Any behavior that limits the district’s ability to obtain a valid sample in a timely manner;
25. Providing false, misleading or fraudulent identification or information to the sample collector or employer;
26. Failure to provide a valid amount of sample within three hours;
27. Refusing or failing to report, as directed, for a shy bladder or shy lung medical evaluation. [Res. 10-13 Add. B § 6].
3.90.100 Pre-employment testing procedures.
A. All Conditional New Hires in DOT or Safety-Related Positions (“New Hire”). Pre-employment testing must be conducted through the district’s authorized vendor, Cal-Test, Inc. This testing must be unannounced and conducted as quickly as possible following the applicant’s conditional offer of employment. It is highly desired that the applicant be given no more than 30 minutes to report to Cal-Test for testing, which will reduce sample tampering tactics.
Pre-employment drug testing is required, prior to job placement, under any of the following circumstances:
1. A job applicant is issued a conditional offer of employment by the district;
2. A previous employee is returning to safety-related work for the district, after being off duty/unemployed in excess of 30 calendar days;
3. An employee has been removed from the district’s random pool in excess of 30 calendar days;
4. An employee is being transferred from a non-safety-related job into a safety-related/DOT position;
5. Any time the district determines that a pre-employment test has not been conducted on a DOT-regulated employee.
All pre-employment testing should be completed prior to the person reporting for work with the district.
The district will make every effort to advise new hires of this drug testing requirement during the hiring process, via posters, signs and notifications. At no time will the employer or supervisor pre-notify the applicant of the exact time and date of impending testing. This must be kept strictly confidential to protect the integrity of the testing process.
B. Types of Acceptable Samples. The district may only use Cal-Test-approved hair, fingernail, saliva, urine or any other testing methods to determine the job applicant’s drug-free status. One or more samples may be requested, such as hair and urine. FDA-approved instant testing devices or on-site testing devices that offer qualitative results (line/no line) are not recommended by Cal-Test, Inc.
C. DOT Applicants. In addition to the above-listed requirements, all DOT-regulated applicants must also undergo a two-year background check, consisting of a written drug and alcohol testing history from the applicant’s previous employers. This must include all employers for the past two years. The DOT applicant must complete an “Authorization to Release Private Medical Information” form for each past employer, over the last two years, prior to employment. The applicant is required to give the district his or her written consent to collect this data prior to hire. Applicants are prohibited from omitting past employer information or giving false or misleading information during this process. [Res. 10-13 Add. B § 7].
3.90.110 Post-accident testing procedures.
A. All Employees. In order to conduct a complete and reasonable investigation into the cause of any work-related accident or incident, the district, under its own authority, may require any employee or group of employees who have been involved in or have been a contributing factor to any work-related accident/incident to be immediately tested for the presence of drugs and alcohol.
The employees involved must be transported to Cal-Test for required testing. Breath alcohol testing and urine drug testing must be conducted within two hours of the accident or incident, whenever possible. All employees are required to report any accident or injury to the district general manager or HR manager without delay.
In addition, the following DOT-regulated employees must submit to drug and breath alcohol testing, under any of the following conditions:
1. Federal Motor Carrier Safety Administration (FMCSA) Regulated Positions (Title 49 CFR Part 382.303). As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers when:
a. Any person is injured, which requires professional medical treatment away from the accident/incident scene;
b. Any vehicle(s) or property is damaged to a point that it prevents its safe operation;
c. The accident results in the loss of human life;
d. A moving violation citation is issued to the operator, following any incident or accident.
B. Timing of Testing. All testing will be conducted immediately following the incident or accident, or as soon as practical. It is every employee’s responsibility to immediately report for post-accident testing, when any of the above situations occur, during compensable work time. The maximum time limit to report for testing is no later than two hours following the incident or accident. Emergency medical treatment shall take precedence over testing. Failing to report for required testing may result in termination from employment. If in doubt, conduct testing immediately.
C. Supervisor Documentation. Any supervisor who orders post-accident testing on an employee must document his observations, then issue a written report to agency management or its designee within 24 hours of said observation. The supervisor may use any means available to make this report, such as a written memo, e-mail, fax, form or any other available written communication. Reporting is mandated! Employees should be transported to the testing facility to avoid potential accidents or further injury. [Res. 10-13 Add. B § 8].
3.90.120 Reasonable suspicion testing procedures.
A. All Employees. To ensure the safest workplace possible for all employees, the employee personally and the general public, the district may require any employee to submit to reasonable suspicion drug and alcohol testing, when any supervisor(s) has reason to believe an employee may be working with a detectable amount of drugs or alcohol within their bodily system. Under the district’s own authority, an untrained supervisor may require testing, if the employee’s safety or the safety of others appears to be compromised.
B. The Determination to Test. The district may request that testing be ordered on any employee when impairment or use is suspected, during compensable work time. These determinations must be compared to normal behaviors displayed by the employee on a regular basis. A supervisor’s determination should be based on the employee’s physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. The supervisor is looking for unusual behaviors, such as:
|
Self-Report of Use |
Muscular Tremors |
Impaired Time/Distance |
Short Attention Span |
|
Disoriented Behavior |
Unable to Divide Attention |
Uncontrolled Talkativeness |
Difficulty Focusing |
|
Extremely Excitable |
Dilated Pupils |
Sniffles/Runny Nose |
Teeth Grinding |
|
Distorted Thinking |
Exaggerated Reflexes |
Hallucinations |
Abnormal Behavior |
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Constricted Pupils |
Droopy Eyelids |
Dry Mouth |
Slow Reflexes |
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Poor Coordination |
Impaired Driving |
Thick, Slurred Speech |
Combative/Violent |
|
Talks Fast |
Confusion/Memory Loss |
Loss of Time/Place |
Unusual Odors/Smells |
|
Physical Fighting |
Verbal Arguments/Fighting |
Threatening to Fight |
Horseplay/Unsafe Behavior |
The above list is a limited guide to help supervisors make a reasonable determination and is not all-inclusive. The supervisor’s main objective is to protect the employee, the workforce and the general public from the dangers posed by a potentially impaired employee.
C. Timing of Testing. All testing will be conducted immediately following the observation, or as soon as practical. It is every employee’s responsibility to immediately report to their supervisor any suspect employee, when any of the above situations occur, during compensable work time. The district will ensure the employee reports for testing no later than two hours following the initial observation. Emergency medical treatment, if required, shall take precedence over testing. Failing to report for required testing may result in termination from employment. If possible, a supervisor should have another supervisor confirm their suspicions prior to confronting the employee, but this is not required. Employees should be transported to the testing facility to avoid potential accidents or further injury.
D. Supervisor Documentation. Any supervisor who orders reasonable suspicion testing on an employee must document his observations, then issue a written report to agency management or his designee within 24 hours of said observation. The supervisor may use any means available to make this report, such as a written memo, e-mail, fax, form or any other available written communication. [Res. 10-13 Add. B § 9].
3.90.130 Random/baseline testing procedures.
A. All Employees. The selection of safety-sensitive and/or safety-related employees for random alcohol and/or drug 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 employee’s ID or Social Security number provided to Cal-Test by the district. Under this selection process, each eligible employee shall have an equal chance of being selected each time a selection is made on behalf of the employer. The district will provide a detailed employee list to Cal-Test on a monthly basis, to ensure the most accurate random selections. DOT-regulated employees will be maintained in a separate random pool, to ensure compliance with DOT regulations. Baseline testing will be required at any time the employer desires to reinforce its commitment to a drug- and alcohol-free work environment, which will include testing of all safety-sensitive and/or safety-related employees. Baseline testing may be conducted at any time during the employee’s compensable work time.
Sample collections may be conducted on site, at the employer’s work location or at a Cal-Test authorized collection site.
All employees are required to cooperate with the sample collector and testing process at all times.
B. DOT-Regulated Employees. In addition to the above requirements, all DOT-regulated drivers will be randomly tested at a minimum rate outlined with current federal regulations. As of January 1, 2009, the FMCSA random testing rate is set at 50 percent per year for drugs and 10 percent per year for alcohol. The district may, under its own authority, test at a higher percentage, but no less than the current DOT mandates. Breath alcohol testing shall occur just prior, during or just after performing a safety-sensitive duty.
The following is an example of DOT-regulated duties that may require random testing, as a condition of employment. These positions include employees who are in readiness to perform these duties or on-call status:
1. Operators of commercial motor vehicles (FMCSA);
2. Operators of placarded vehicles transporting hazardous materials (FMCSA);
3. Operators of motor vehicles transporting 15 or more passengers (FMCSA);
4. Employees repairing commercial motor vehicles (FTA);
5. Any other position or task regulated under DOT authority. [Res. 10-13 Add. B § 10].
3.90.140 Medications, prescriptions and medical marijuana.
A. All Employees. All employees are required to have a written prescription, in their own name, for any controlled substance in their possession during compensable work time, or for any controlled substance or drug found within the employee’s bodily system. The written prescription must be issued from a medical doctor who is licensed to practice medicine within the boundaries of the United States of America. Prescriptions from foreign doctors, such as Mexico or Canada, may not be acceptable.
All employees are prohibited from performing any task while taking any medication (prescription or nonprescription) that may cause impairment, such as drowsiness, sleepiness or hyperactivity. All employees should follow their doctor’s guidance and adhere to the written directions listed on their medication package, such as cautions against driving or operating machinery. Abuse or misuse of any prescription or nonprescription medication or substance is considered a violation of this policy.
All employees are required to report any medication use to their supervisor, prior to performing any safety-related duty for the district. The employee is not required to disclose the actual name of the prescription medication or its medical use, only the fact that the medication may cause impaired performance. This may require the employee to submit to an immediate fitness for duty medical exam by the district’s doctor prior to performance of any safety-related duty.
B. Fitness for Duty Medical Evaluation. For your safety and the safety of others, the district may require that you submit to a fitness for duty medical evaluation, if you are taking any medication(s) that may cause impairment while at work.
C. Foreign Medication Use. All employees are required to have a written prescription, in their own name, for any controlled substance in their possession during compensable work time, or for any controlled substance or drug found within the employee’s bodily system. The written prescription must be issued from a U.S. medical doctor who is licensed to practice medicine within the boundaries of the United States of America. Prescriptions written by a medical professional or doctor from a foreign country, such as Mexico or Canada, may not be acceptable.
D. Medical Marijuana. The State of California’s Compassionate Use Act of 1996, which has been codified under California Health and Safety Code Sections 11362.5 through 11362.83, allows for caregivers and qualified patients to possess and use medical marijuana, under the written direction of a licensed medical doctor. Federal law and DOT regulations do not recognize this law.
As such, the Hi-Desert Water District does not permit the use of medical marijuana. Furthermore, this practice is considered prohibited conduct, even if the employee/applicant possesses a state-issued medical marijuana card or doctor’s authorization.
E. Medical Review Process. All employees are required to report specific prescription drug use to the district’s medical review officer (MRO), upon request of the MRO. The MRO will use this confidential information to determine the accuracy and reliability of test results collected and received during the enforcement of this policy. The confidential prescription drug itself will not be released to the district, without the employee’s express written consent. However, the MRO may require the employee to submit to a fitness for duty exam, prior to resuming safety-related duties. [Res. 10-13 Add. B § 11].
3.90.150 Facility inspections.
A. All Employees. In an effort to reduce the potential risk to our employees’ safety posed by weapons, firearms, knives, chemicals, illegal substances and other items, the district will require that all employees submit to random work area inspections. Therefore, all district-controlled property, vehicles, lockers, cabinets, containers or any other object owned or under the control of the district will be subject to search or inspection at any time, with or without cause. Therefore, all employees are advised that they hold no reasonable expectation of privacy while on compensable work time or while on district business.
The district may ask the employee to present personal items for visual inspection at any time. Therefore, you should not bring any vehicle, item, container or any object onto district-controlled property that you do not want subject to search. This includes private vehicles parked within the district parking lot and/or parked on district job sites.
No supervisor will be allowed to request a personal, hands-on search of any employee. Further, no supervisor will be permitted to place his hands into the pockets or upon the person of any employee for any reason.
Any employee who refuses a supervisor’s reasonable inspection request may be terminated from employment. [Res. 10-13 Add. B § 12].
3.90.160 No smoking policy.
Smoking is only allowed within designated smoking areas, provided by the district. The only designated smoking areas are outside, and away from other nonsmoking employees or customers. Further, no employee shall smoke any object around any flammable materials during compensable work time. [Res. 10-13 Add. B § 13].
3.90.170 Workplace violence.
All employees are prohibited from engaging in any activity that encourages or results in an unsafe work environment. This includes verbal arguments, physical pushing or fighting, abusive language, challenging to fight another person, threatening another person, abusive or harassing behavior, or any other activity determined by the district to be a potential safety risk to our employees, customers, vendors or the general public. Our employees are considered professionals and are required to act accordingly.
Further, all employees are prohibited from the unauthorized possession or use of the below-listed items during compensable work time, or while on district-controlled property or assignments. Please keep in mind that the possession of a concealed weapons permit or other permit issued by a law enforcement agency will not allow the possession or use of these items while on district assignment. This is a zero tolerance policy, which will result in termination, even on the first offense.
A. Firearms/bows (this includes any device that will fire a projectile of any shape, size or configuration);
B. Knives (this includes any unauthorized cutting device);
C. Explosives (this includes any device or instrument manufactured or intended to cause harm to people);
D. Chemicals (this includes mace, pepper spray or any other chemical or mixture used to harm people);
E. Any harmful items (this includes any item the agency may determine to be potentially harmful to its employees). [Res. 10-13 Add. B § 14].
3.90.180 Last chance agreement – Employee assistance and education – Self-reporting.
A. All Employees. The district may elect to allow a current employee, not a job applicant, who has violated any drug- or alcohol-related section outlined within this policy, to enter into the district’s employee assistance program, and to sign a last chance agreement instead of imposing termination. The decision will be solely up to the district, on a case-by-case basis. In no event will a job applicant be permitted to enter into this program, simply to gain employment with the district. The district may impose a zero tolerance policy, which may result in termination of any employee who violates this policy.
If allowed by the district, the last chance agreement must contain the following requirements:
1. The employee will be removed from duty for no less than seven calendar days, and may be removed up to 30 days;
2. The employee may be required to report to a substance abuse professional (SAP) for an evaluation, at his expense;
3. The employee may be required to seek assistance through community-based drug or alcohol programs;
4. The employee may be required to be reevaluated by the SAP prior to returning to duty;
5. The employee will be required to submit to a return to duty drug and alcohol test, under direct observation, at his expense;
6. The employee will be required to submit to follow-up breath and drug testing, under direct observation;
7. The district or the SAP may impose additional requirements, as needed.
B. Employee Assistance and Education Referral Program. Any current employee may seek help, education and assistance with a drug- or alcohol-related problem free of charge, by calling 1‑800‑999-7222 or going to website www.anthemEAP.com. This national help line will provide printed education materials on drugs and alcohol and direct the employee to available community resources and self-help programs in their area. Employees requesting help through the employee assistance program (EAP) will not be protected or shielded from testing or discipline required under this policy.
C. Self-Reporting of Illegal Drug Use or Alcohol Abuse. Any employee experiencing a problem with drugs or alcohol may self-report their need for assistance to management personnel, or they may call direct to 1-800-999-7222 for a free referral to a program close to the employee’s job assignment. Any employee who self-reports a drug or alcohol problem to management may be required to undergo reasonable suspicion testing, to determine the employee’s ability to safely continue working within the district. Self-reporting will not dismiss an employee from completing required testing under the terms of this policy. However, the district will attempt to assist the employee in finding assistance through community-based self-help programs or the district’s employee assistance program, if available. The district will also require the employee to sign a self-report last chance agreement and abide by its terms of continued employment. [Res. 10-13 Add. B § 15].
3.90.190 Rehiring known policy violators.
The district holds no obligation to rehire known policy violators. However, the district may choose to rehire known policy violators under the following conditions:
A. You must provide a substance abuse professional (SAP) return to work authorization letter;
B. You must complete an agency-approved last chance agreement and abide by all its terms;
C. You must pass a pre-employment hair and urine drug test, prior to rehire;
D. You must agree to remain drug- and alcohol-free while in the workplace or on duty;
E. You agree to abide by all the district’s rules, regulations and policy at all times.
It is the district’s policy not to allow any applicant, employee, ex-employee or any other person to enter or remain on district property or to conduct district business while having detectable amount of illegal drugs or alcohol within their bodily system. This includes the abuse of over-the-counter medications or the misuse of prescription medications or alcohol. [Res. 10-13 Add. B § 16].
3.90.200 Background checks.
A. All Employees. In order to help ensure a safe and more productive work environment for our employees, customers and the general public, our district may require at any time that a job applicant or current employees undergo a detailed background check. This check may include, but is not limited to, a national criminal screen, county criminal, Social Security search, driving history, sex offender and previous employer checks. These checks may be required as a condition of employment or continued employment.
All criminal convictions found during these searches may result in the applicant’s or employee’s immediate termination from employment.
Any misstatements or evidence of fraud on an employment application may result in the applicant’s or employee’s immediate termination from employment. [Res. 10-13 Add. B § 17].
3.90.210 Laws and regulations.
A. The Federal Drug Free Workplace Act of 1988.
B. Department of Transportation Employer Regulations, Title 49 CFR Part 382.
C. Department of Transportation Drug and Alcohol Testing Regulations, Title 49 CFR Part 40.
D. Local laws and regulations are available for your viewing at: www.caltest.cc. [Res. 10-13 Add. B § 19].
3.90.220 Addendum A – List of DOT and safety-related positions.
Note: If a position is listed as DOT, but the individual in that position is not a commercially licensed driver, that individual will be considered safety-related.
|
DOT |
|
Construction Superintendent |
|
Construction Lead |
|
Construction Technician II |
|
Construction Technician I |
|
Construction Laborer |
|
Safety-Related |
|
Production Superintendent |
|
Production Lead |
|
Production Operator II |
|
Production Operator I |
|
Valve Maintenance II |
|
Valve Maintenance I |
|
Cross Connection Control Specialist |
|
Water Quality Tech |
|
Field Service Technician |
[Res. 10-13 Add. B (Add. A)].