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199208/25/00 FRI 10:30 FAX 914 486 2002 D C CTY ATTORNEY D tO002 Policy Title: Section #: XII Policy #: 7 ALCOHOL AND DRUG ABUSE Page #: 01 (GENERAL UNIT) Date: 02/20/92 Policy Statement In order to ensure a safe working environment for all employees and provide the most effective delivery of services to residents of Dutchess County, it is the policy of Dutchess County that no employee may manufacture, distribute, dispense, -use, sell, purchase, possess or be under the influence of alcohol or other illegal/controlled chemical substance, except prescription medication, during scheduled business hours or while on or using County owned property. The County recognizes that alcohol and chemical substance abuse are progressive, potentially fatal diseases which may affect employees` lives and relationships with families and/or co-workers, quality of life and job performance. The County encourages and supports employees who seek voluntary treatment. Employees must abide by the terms of this policy statement as a condition of employment and failure to do so may result in disciplinary proceedings. However, nothing herein is intended to diminish the rights'of an employee under the collective bargaining agreement or the law. �._ Guidelines 1. Using, selling, manufacturing, distributing, dispensing, being under the influence of or impaired by or possessing alcohol (unless in a sealed container) or any illegal/controlled chemical substance on County premises is prohibited. 2. When there is probable cause to believe that an employee has violated this policy, the infraction shall be reported to the department head or his designee or where that is no-t-- appropriate, om_appropriate, to the Commissioner of Personnel any of these individuals will be referred to as the investigating official), who will be responsible for investigating the incident in an appropriate manner. 3. If the employee appears to be under the influence of an -) ille.a-al/controlled chemical substance or alcohol, form "attached hereto as Exhibit A," shall be completed by the investigating official. The employee will be told he may voluntarily admit he is under the influence of alcohol or other chemical substance. The circumstances, .as-des.cribed by the employee, will be added to form SUB VA 08/25/00 FRI 10:30 FAX 914 488 2002 D C CTY ATTORNEY Policy Title: Section #: XIX Policy #: 7 ALCOHOL AND DRUG ABUSE Page #: 02 (GENERAL UNIT) Date: 02/20/92 Guidelines Cont'd 4. Employees who are on --call and are expected to respond to emergency situations, or who have responsibility for snow removal and have been notified of an impending storm prior to leaving work, are expected to comply with this policy statement for the entire duration of time they are on-call. 5.- This policy is notintendedto prohibit consumption of alcohol at County facilities (e. y'/►^'�, , 1 � g . , Parks) during an roc..�by employee- s- -off duty hours. Where permits are required, they c will be be obtained through the normal procedures required the facility. Any employee covered under a grant program as described in 41 USC Section 702 (the Drug Free Workplace Act) or 55 Federal Register 21677 et. seq. must notify his department head in writing of any conviction for violation of a criminal drug statute in the work place within five calendar days of the conviction. ��- Procedures r 3 1. A violation of the policy is observe is reported to the departmet head, his designee or the Commissioner of _______ Personnel1 as appropriate. 2. The irfvestigating official determines if there is reasonable cause to believe a violation of policy has occurred because of overt behavioral manifestations. These may include: slurred speech, unstable gait, alcoholic breath, redness of the eyes, flushed face, unfocused gaze, inability to la 003 comprehend normal conversation, poor coordination or other atypical or abnormal behavior or the employee was observed r,__—using-alcohol or using an illegal chemical substance on or in (6Gt E owned property. 3. Thereafter, the investigating official fills out an Alcohol/Substance Abuse Incident Report and contacts the (::P:�ersonnelDepartmen .to make arrangements to send the employee to a health care professional for immediat� evaluation. If the employee is a member of�bargaininq "- unit, the employee shall be advised of his right to contact the Union for representation. 08/25/00 FRI 10:31 FAX 914 488 2002 D C dTY ATTORNEY D 0 004 Policy Title: Section #: XII Policy #: 7 ALCOHOL AND DRUG ABUSE Page #: 03 (GENERAL UNIT) Date: 02/20/92 Procedures Cont'd 4. The investigating official should discuss the problem with the employee. The employee should be offered the opportunity to admit he is or was under the influence of alcohol or an illegal controlled chemical substance. The circumsta cess as described by the employee, will be added to form B-1% The investigating official shall order - the employee to go to the health care professional for evaluation if directed by the Personnel Department. 5. If the employee voluntarily admits he has violated this policy, the employee shall be scheduled for counseling with his supervisor at a later date and given a copy of the memo pertaining to the scheduled counseling session. 6. If there is reasonable suspicion of the possession or sale of an illegal/controlled chemical substance, -the-----__ investigating official shall fill out --form' -€}1` and shall report the incident to the %P"erssonDel Departm£�which en _ will take such action as necessary which may, as appropriate, include a referral to law enforcement officials. 7. If the conclusion of the health care professional is positive, e.g., indicates that the employee was under the influence of alcohol or an illegal chemical substance, the employee is relieved from duty for the remainder of his scheduled work shift and may charge it against vacation, compensatory time or in -lieu holiday accruals. B. If the results of the evaluation session by the health care professionalare the employee will be referred to \ the LEmb2loy_ee AssistanceProgram-for initial treatment commendations or may choose treatment through his health care provider. Employees must follow initial treatment / recommendations and must submit proof of attendance, participation, progress and prognosis to theLPersonn-el --ice Department In addition, the employee must comply with the alcohol -an drug abuse __policy for the duration of his employment with�Dutchess County. The employee may utilize any appropriate benefit time during and for his treatment. This may include accumulated sick time for those treatment incidents which cannot reasonably be scheduled other than during the employee's actual scheduled work hours. Treatment costs will be borne either by the.employee or through his health insurance plan. epar men will make all reasonable efforts to accommodate the treatment program, e.g., through a flexible i work schedule. 08/25/00 FRi 10:31 FAX 914 486 2002 D C CTY ATTORNEY Policy Title: Section #: %II Policy #: 7 ALCOHOL AND DRUG ABUSE Page #: 04 (GENERAL UNIT) Date: 02/20/92 9 005 Procedures Cont'd 10. When an employee provides written notice to the departmen�-_-_ head of a conviction of a criminal drumsstatute_, the department head will notify the Personnel Department immediately. The employee will a referred to the Employee Assistance -Program as in number 8 above. rr� 'If the employee is covered under a grant program as - T\, described in 41 USC Section 702 or 55 Federal Register the Personnel Department will notify the appropriate cl (21677, federal agency of the conviction including the position \,title of the employee and the grant identification number. 12. The requirement to go to a health care professional (#3 and 04 above), to be relieved from duty (#7 above) or to follow treatment recommendations (#8 above) will be mandatory W11 any employee. The employee shall have no standing to file a contract grievance regarding such a mandate. A contract grievance arbitrator will not have any jurisdiction over such a case nor have authority to render a decision. 13. An employee allegation of an improper applicationgt�hs _ policy be submitted in writing to the honer._ �a,l Personnewithin 10 days�therevf_, for review. Upon tie employeerequest, they omm�ssioner-s?iaTl--meet and confer - with the employee's Union representative with,_re„soect to the xa7 issues raised by such allegation. The cz§mmissioner shall_ -' review and decide, upon the merits of the em oyee's -17"1 allegation. He shall mail his decision to the employee - within ten working days of submission. Although the ,r_Ccommissioner need not conduct a formal fact-finding hearing, - - he may do ' so to seek such additional_ information as________ appropriate to reach a decision. �Coudn�y officials shall make such admn'strative changes as necessary to accommodate a ---r- -� the' er s decision. 08/25/00 FRI 10:32 FAX 914 488 2002 D C CTY ATTORNEY D �. ALCOHOL/SUBSTANCE ABUSE INCIDENT REPORT c Employee Name: Department: Witnesses: Date: Time: Place: Part I (To be completed by investigating official): The following overt behavior was exhibited by this employee: (Please circle) bloodshot eyes, slurred speech, alcohol on breath, poor coordination, accident, physical altercation, verbal altercation, unusual behavior, possession of substance. Other (describe): Witness' Signature Investigating Official's Signature Part II (To be completed and signed by employee): Employee Statement: Employee's Signature - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Part III (To be completed and signed by investigating official): Action Taken: Notified Personnel: (Time/Date) Notified Union: (Time/Date) Referred for Evaluation: Form SUB -AB -01 (Time/Date) DATE: 02/20/92 (a 006 08/25/00 FRI 10:32 FAX 914 488 2002 D C CTY ATTORNEY D 12007 Policy Title: Section #: I Policy #: 2 SEXUAL HARASSMENT Page #: 01 Date: 11/01/93 Policv Statement Dutcess.Coun y•has a strong commitment to providing a working atmosphere conducive to maintaining the dignity of all its workers. Any act of discrimination or harassment whether it is based on race, religion, national origin, sex, age or handicap, is a violation of Section 703 of Title VII of the Civil Rights Law. In addition, acts of discrimination or harassment undermine the integrity of the employment relationship, are detrimental to a positive working environment, are degrading to those who indulge— in them, and significantly and adversely affect the working life__)_!(," -- of those who are subjected to such behavior. The Founty shall actively investigate any alleged act of discrimination or harassment, and shall take appropriate disciplinary action against all employees participating in any prohibited manner. (See "Equal Employment Opportunity/Affirmative Action" and "Disciplinary Action") Guidelines 1. Unwelcome sexual advances, requests for sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature will constitute sexual harassment when: a) submission to the conduct is either an explicit or implicit term or condition of employment; or b) submission to or rejection of the conduct is used as a basis for an employment decision affecting the person rejecting or submitting to the conduct; or c) the conduct has the purpose or effect of unreasonably interfering with an affected person's work performance, or creating an intimidating, hostile or offensive work environment. 64 ` a�%n�1 2. 1;rt68h;9s Cty considers sexual harassment to be a partic- ul-arly destructive form of employee misconduct. Offenders will be subject to the full weigo - ' s 'iplinary sanc- tions, as will any supervisor or ho, having been made aware of such conduct by a subordinate, knowingly allows such acts to continue. 3. While conducting investigations, no action will be taken without the concurrence of the employee, and complete confidentiality will be maintained throughout the investi- gatory process. In addition, any employee who participates J in the procedure may do so without fear of retaliation. 08/25/00 FRI 10:33 FAX 914 488 2002 D C CTY ATTORNEY D 12008 Policy Title: Section #: I Policy #: 2 SEXUAL HARASSMENT Page #: 02 Date: 11/01/93 Guidelines Cont'd 4. Retaliation against an employee who has filed a discrimina- tion complaint is illegal and will result in disciplinary action. 5. Nothing in this policy should be construed as in any way limiting an employee's right to utilize the grievance proce- dure, or to file a complaint with the New York State Divi- sion of Human Rights, or to take any legal action which they deem advisable. However, once the employee decides to file a complaint with the New York State Division of Human Rights, the internal investigation, the County Equal EmploympZt_Opportunity_(�EEQ�Ofjic_er_,will cease. ounty employees shall attend the mandatory in-service 'training workshop on sexual harassment. Procedures 1. Dut£he my employees who feel they have been the victims of sexual harassment or discrimination should�.,�•z address complaints to either their department head,('the Comm.iss4,pner_of Personnel or the EEO Officer. /ol�/( 2. The g0_Offi.cet shall conduct an investigation on all :='allegations or complaints of discrimination or sexual y7 harassment. The particular.facts of the allegation will be YYv�. examined individually with a review of the nature of the behavior and the context in which the incidents occurred. ��,,,,_,,f � 3. Upon completion of the investigation, thZid_Off-icer,- ilk ✓�/��=.<f compile a report on the incident of alleged harassiae.m"nd will distribute the report to the department head]/ the Commis s' er of Personnel, the County Executive, tE-County ,. Attorneynd the affected employees. Included in the report will -be an assessment of the legitimacy of the complaint and a recommendation on a course of actio — 4. Department heads shall ensure all act' attend the mandatory in-service training workshop on sexual harassment. 08/25/00 FRI 10:33 FAX 914 486 2002 D C CTY ATTORNEY D la 009 Introduction On September 15, 1986, President Reagan issued an Executive order mandating a drug-free Federal Workplace with the intent that the F r oro.rce would serve as a model for all American business. Subsequent to this, the epartment of Health and Human Services (DHHS) published on April 11,1988, Mandatory Guide Ines for Federal Workplace rug Testing Program. On October 28,1991, President Bush signed the Omnibus Transportation Employee Testing Act of 1991. The Act required the Federal Department of Transportation to develop additional regulations that required drug and alcohol testing of additional safety -sensitive employees in the aviation, highway, rail and transit industries. Specific regulations which impact Dutchess County are: Title 49 Code ral Regulations (CFR) Part 40 - Specifies procedures which must be followed by the n when conducting drug and/or alcohol testing pursuant to Federal regulations. Title 49 CFR Part 382 - Controlled Substances and Alcohol Use and Testing - Requires employers to test their employees who maintain a Commercial Drivers License (CDL) in the performance of their duties for prohibited drugs and alcohol under the following work-related conditions: a. Pre-employment / Pre -assignment b. Post -accident C. Random d. Reasonable cause / suspicion e. Return -to -duty f. Follow-up Copies of these regulations are available upon request. :s ' T 08/25/00 FRI 10:33 FAX 914 486 2002 D C CTY ATTORNEY D 19 010 Section 1: Purpose %c, c` Dutehess-Gounty'recognizes that the use and/or abuse of alcohol or controlled substances by drivers of commercial vehicles or Employees in safety -sensitive positions presents a serious threat to the safety and health of Employees and the general public. It is the policy of the r `t`y that its drivers and safety -sensitive support personnel should be free of drugs and Mbol in compliance with the Omnibus Transportation Employee Testing Act of 1991. The nty has implemented a drug and alcohol testing program which is designed to help reduce and avoid traffic accidents and injuries to our employees and the public, to discourage substance and alcohol abuse and to reduce other drug and alcohol-related problems. Section II: Policy Prohibited Conduct: Coram ty policy prohibits Employees from engaging in the following conduct: 1. Using, possessing, dispensing, distr,ib4ting, or receiving alcohol, intoxicants, illegal drugs or other controlled substances on Cvthty or while engaged in Gc6.qty business; 2. Reporting to work under the influence or with any measurable amount of alcohol, intoxicants, illegal drugs, or other controlled substances in their system; 3. Reporting to work under the influence of a prescription drug, unless the Employee's physician determines that the use of the prescription drug will not adversely affect the Employee's ability to perform a safety -sensitive position. Note that the federal regulations include prescription medications containing alcohol in the substances banned from use in the workplace. Therefore, Employees should not report for duty while taking prescription medication if such medication contains any measurable amount of alcohol; 4. Consuming any amount of alcohol while performing safety sensitive functions or within four (4) hours of performing safety sensitive functions; 5. Consuming any amount of alcohol after a fatal accident unless the Employee has been tested or eight (8) hours have elapsed from the actual time of the accident; 6. Consuming any amount of alcohol after a non-fatal accident unless the Employee's involvement can be completely discounted as a contributing factor to the accident, the Employee has been tested or eight (8) hours have elapsed from the actual time of the accident. 7. Any unauthorized use of any controlled substance in any situation. -2- 08/25/00 FRI 10:34 FAX 914 486 2002 D C CTY ATTORNEY D Z011 8. Refusing to undergo or cooperate in any alcohol or drug testing required by this Policy; 9. Misusing the policy in regard to subordinates; or 10. Providing false information in connection with a test, or who is suspected of falsifying test results through tampering, contamination, adulteration, or substitution. Any Employee who violates any of the rules set forth above is subject to discipline, up to and including termination_ Section IV: Definitions For purposes of this Anti -Drug and Alcohol Misuse Plan, the following definitions apply: "Accident": An occurrence involving a Commercial Motor Vehicle operating on a public road which results in: a. A fatality; b. An Employee being issued a citation under State or local law for a moving traffic violation arising from the accident; C. A determination by the supervisor that the Employee's actions or inactions may have contributed to the accident. The term " Accident" does not include: a. An occurrence involving only boarding and alighting from a stationary motor vehicle; or b. An occurrence involving only'the loading or unloading of cargo; or C. An occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle (as defined in 49 CFR 571.3) by a motor carrier and is not transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with 49 CFR Section 177.823. "Air Blank": A reading by an EBT of ambient air containing no alcohol. "Alcohol Means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. "Alcohol concentration (or contentl": Means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this part. "Alcohol use": Means the consumption of any beverage, mixture, or preparation, including any medication containing alcohol. -3- 08/25/00 FRI 10:44 FAX 914 486 2002 D C CTY ATTORNEY D 12 012 "Blind Sample": A urine specimen submitted to a laboratory for quality control testing purposes, with a fictitious identifier, so that the laboratory cannot distinguish it from employee specimens, and which is spiked with known quantities of specific drugs or which is blank, containing no drugs. "Breath Alcohol Technician (BATT": An individual who instructs and assists individuals in the Alcohol testing process and operates an EBT. "Chain of Custody": Procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. These procedures shall require that the DOT -approved drug testing custody form be used from time of collection to receipt by the laboratory. "Collection Site": A designated clinic/facility where applicants or employees may present themselves for the purpose of providing a specimen of their urine to be analyzed for the presence of drugs or providing a sample of their breath to be analyzed for the presence of alcohol. "Collection Site Person": A person who instructs and assists applicants and employees through the specimen collection process. "Commercial Motor Vehicle": Means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: a. -Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or b. Has a gross vehicle weight rating of 26,001 or more pounds; or C. Is designed to. transport 16 or more passengers, including the driver;or d. Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F ). "Confirmation Test": For alcohol testing, means a second test, following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled substances, testing means a second analytical procedure to identify the presence of a specific drug or metabolite, which is Independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy (Gas chromatography/mass spectrophotometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine). "Covered Emplovee": Employees who are performing, ready to perform, or ceasing to perform r K� the safety -sensitive job function of operation of a commercial motor vehicle. Each Covered Employee has the responsibility to be knowledgeable of the requirements of the Plan and to -4- 08/25/00 FRI 11:18 FAX 914 488 2002 D C CTY ATTORNEY D [a 001 fully comply with the .provisions of the Plan. Covered Employees must notify their supervisor of any criminal drustatute conviction within five (5) days of such conviction. Upon receipt of such ---- 9 notification or other notice for a violation occurring within the workplace, the C b I as required by law, advise the appropriate governmental agency to which it has a contract of such conviction. A Covered Employee using drugs prescribed by a licensed physician or any other therapeutic drug use is required to notify his supervisor when such use may impact the Employee's abilityto perform his duties safely. (�, A listing of Covered Employees is provided in Appendix B. "Cut - Off Levels": The minimum value established for designating a test result as positive. "Driver": Means an . Employee who operates a commercial motor vehicle for the . This y includes, but is not limited to, full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner -operator contractors who are either directly employed by or under lease to an employer or who operate a commercial motor vehicle at the direction of or with the consent of an employer. For the purposes of pre-employment or pre -duty testing only, the term driver includes a person applying to drive a commercial motor vehicle. �• "Drug / Alcohol Program Manager DAPM L: Shall bE W Drug and Alcohol Testing Policy which complies with I ransportation regulations as set forth in Title 49 CFR responsible for: responsible for the preparation of the requirements of the Department of Parts 382 and 40. The DAPM shall be 'J providing- oversight and evaluation of the Policy; providing guidance and counseling; reviewing of all discipline applied under the Policy for consistency and the Personnel Department's policies and procedures: scheduling random drug and alcohol testing and return -to -duty testing; maintaining a secure file system on drug / alcohol testing results; and conformance to keeping all necessary records. ensuring that all Covered Employees are aware of the provisions of this Policy "Drugq(Prohibited)": Marijuana, cocaine, amphetamines, phencyclidine and / or opiates. "EAP": Employee Assistance Program at 6utchess County which provides all employees with means of obtaining confidential professional assistance in handling personal problems which may adversely affect job performance. The EAP shall also function as the SAP for the purpose of this regulation. "Evidential Breath Testing Device (EB -n": An EBT approved by the National Highway Traffic Safety Administration ( NHTA ) for the evidential testing of breath and placed on NHTA'S "Conforming Products List of Evidential Breath Measurement Devices" ( CPL ). "Fail a Drug Test or Test Positive": The confirmation test result shows positive evidence of the . -5- 08/25/00 FRI 10:52 FAX 914 486 2002 D C CTY ATTORNEY D Post -it" Fax Note 7671 Dam g 2s pages► To i WA?91rjGt9- From Ic—,r presence under DOT procedures of a prohibited drug in the E=mployees or appuca;it's system. [a 001 "Medical Review Officer (MRO)": A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's Drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his medical history and any other biomedical information. "Pass a Drug Test or Test Negative": That initial testing or confirmation testing under DOT procedures does not show.evidence of the presence of prohibited drug in the Employee's or applicant's system. _ "Performina a safety -sensitive function.": Means an Employee is considered to be performing a safety -sensitive function during any period in which he is actually performing, ready to perform, or immediately available to perform any safety -sensitive functions. "Refuse to submit to an alcohol or -controlled substances test": Means that an Employee either: a. Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of this part, b. Fails to provide adequate urine for controlled substances testing without a valid medical explanation after he has received notice of the requirement for urine testing in . accordance with the provisions of this part, or Engages in conduct that clearly obstructs the testing process. �ti`"✓C"SAMHSe": Substance Abuse and Mental Health Services Administration, formerly National Institute on Drug Abuse (NIDA), was established by the Department of Health and Human Services (DHHS) in 1936 to regulate laboratories performing analytical tests (drug tests) on human body fluids for employment purposes in the public sector. "Screeninci test (also known as initial test)": In alcohol testing, it means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to eliminate "negative"'urine specimens from further consideration. "Substance Abuse Professional (SAP)": Means a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances -related disorders. ,,Supervisors": Responsible for observing the performance and behavior of Covered Employees, ( documenting events which might require reasonable cause testing and requesting second supervisor for substantiation and concurrence for reasonable cause testing, if available. A -6- 08/25/00 FRI 10:53 FAX 914 488 2002 D C CTY ATTORNEY D f , listing of titles designated as supervisors is provided in Appendix B. Section VI: Drug and Alcohol Testing Requirements: A. Applicability: Individuals Subject to Drug and Alcohol Testing: Any Employee who has a CDL for the performance of his duties under 49 CFR Part 382 or who is performing safety -sensitive functions would be subject.to Drug/Alcohol testing under the Plan. Refer to Appendix B for specific job titles subject to testing under the Plan. 2002 Procedure for Notifying EmIgoyees: All Covered Employees will be provided a complete copy of the Policy and the Plan. Substances for Which Testing Must Be Conducted: Theounty shall test each Covered Employee listed in Appendix Blor evidence of the follows stances: Drug To Be Tested For: Marijuana Cocaine Amphetamines Phencyclidine Opiates Alcohol Initial Test Cutoff Level (ng/ml) Marijuana metabolites 50 Cocaine metabolites 300 Amphetamines 1,000 Phencyclidine 25 Opiates metabolites 300 Alcohol .02 (g/1) Confirmatory Test Cutoff Levels (ng/ml) Marijuana metabolite 15 Cocaine metabolite 150 Opiates: Morphine 300 Codeine 300 Phencyclidine 25 Amphetamines: Amphetamine 500 Methamphetamine 500 Alcohol :02 (511) B. Re uired Drug and Alcohol Tests: PrP-EmploymentlPre-Assignment Testing: A pre-employment drug and alcohol test must be conducted before an individual is hired or contracted and when an individual is transferred/promoted from a noncovered to a covered position. This also applies to Employees returning from paid or.unpaid leave of 30 days or more -7- 08/25/00 FRI 10:53 FAX 914 488 2002 D C CTY ATTORNEY D [a 003 who have not been participating in the Drug and Alcohol Testing Policy and have not been subject to the random selection process. A negative test is required prior to performing safety - sensitive functions. Post -Accident Testing: If the accident involves driving a Commercial Motor Vehicle and falls within the definition of accident described in the definition section of the Policy, the Employee shall be drug tested as soon as possible but no later than 32 hours after the accident. Each Employee shall also be alcohol tested within two rs of the accident if possible but no later than eight (8) hours after the accident. Th Co nay must take all reasonable steps to obtain a urine specimen and breath sample from an Employee after an accident, as defined above, but any injury should be ,�,.,,Ltreated first. Employees should see Appendix E for instructions to Employees regarding post -accident notification and testing. Random Testing: The primary purposes of random testing are to deter prohibited drug and alcohol use and to ensure a drug-free and alcohol -free workforce. Regulations require that Covered Employees shall be subject to drug and alcohol testing on an unannounced and random basis. The Gaun- shall conduct a number of drug tests on all Covered Employees equal to at least 50 percent of the average number of Covered ployees each calendar year, spread reasonably over a 12 month period. In addition, the Ga ty shall conduct a number of alcohol tests on Covered Employees equal to at least 25 percent of the number of such Covered Employees each calendar year, spread reasonably over a 12 month period. The following is an outline of the key aspects of the random testing selection process: a. Employees remain in the random selection pool at all times, regardless of whether or not they have been previously selected for testing. b. Employees shall be selected for testing by using a computerbased random number generator or equivalent random selection method that is matched with an Employee's Social Security number or County Employee number. c.. The process will be unannounced as well as random. Employees will be notified that they have been selected for testing after they have reported for duty on the day of the collection. d. Employees will be selected for random testing based on the number of Covered Employees at the time and the necessary testing rate. e. Specimen collection will be conducted on different days of the week throughout the annual cycle. -a- 08/25/00 FRI 10:54 FAX 914 486 2002 D C CTY ATTORNEY D 2004 Steps for random testing: a. TheAPM (or designee), on a pre -determined date, shall use the random selection pi a res to compile a list of Covered Employees selected for random testing during that testing cycle. b. It is the intent of this Plan to notify Employees of their selection for random testing after they have reported for duty. The names of the Employees to be tested will be provided to the appropriate division manager, department head or supervisor. C. The list -of Employees selected will be retained by the DAPM (or designee) in a secure location. Employees shall report immediately to the Collection Site or to the Collection Site within 30 minutes. plus travel time., once notified by the appropriate' -official. l An Employee will be identified for a random drug and/or alcohol test through a random selection process. The Employee will be notified by his supervisor to report immediately to the designated collection site. The Employee, will, upon such notification, immediately leave the work headquarters and report to the designated collection site. Upon arriving at the designated collection site, the Employee will be require entify himself to the collection site personnel by presenting a picture identification (i.e. Co my -photo identification card or driver's license). �=- The Employee will provide his urine specimen and, if applicable a breath sample in accordance /- with the procedures of the collection site (See Appendix C - Specimen Collection Procedures , r ) Anytime an Employee tests positive for alcohol ( 0.02 or above) a supervisor will arrange to transport the Employee from the collection site to the Employee's home. Reasonable Cause/Suspicion Testino: Reasonable cause/suspicion testing is designed to identify drug and/or alcohol affected Employees who may pose a danger to themselves and others in their job performance. Employees may be at work in a condition that raises concern regarding their safety or productivity. Supervisors must then make a decision as to whether there is reasonable cause to believe an Employee is using or has used a prohibited drug and/ or alcohol. Supervisors will be provided with training designed to identify the signs and symptoms of drug and/or alcohol use. The decision to test must be based on a reasonable and articulate belief that the Employee is using a prohibited drug and/or alcohol on the basis of specific, current, physical, behavioral or performance indicators of probable drug and/or alcohol use. In making a determination of reasonable cause, the factors to be considered include, but are not limited to, the following: a. Adequately documented pattern of unsatisfactory work performance, for which no apparent non -impairment related reason exists, ora change in an Employee's prior pattern of work performance. b. Physical signs and symptoms consistent with substance abuse. I=1 08/25/00 FRI 10:54 FAX 914 488 2002 D C CTY ATTORNEY D zoos C. Evidence of illegal drug or alcohol use, possession, sale or delivery while on duty. d. Occurrence of a serious or potentially serious accident that may have been caused by human error or flagrant violations of established safety, security or other operational procedures. Anytime an Employee tests positive for alcohol ( 0.02 or above) a supervisor will arrange to transport the Employee from the collection site to the Employee's home. Anytime an Employee is drug tested under the reasonable cause or post -accident section of this Policy, the Employee shall not perform any safety -sensitive duties pending the receipt of the drug test results. Appendix E has sample forms to help supervisors document work performance problems which may be related to alcohol or drug impairment. Return -to -Duty Testing: An Employee who refuses to take or fails a drug or alcohol test may not return to duty (i.e. perform safety -sensitive functions) until the Employee passes -a drug, test -and alcohol test, if applicable, and the SAPrhas determined that the Employeemay.^return to'.:`duty (i.e. perform a safety -sensitive function). 5" "a"` n?'`"'''"^` Section VII: Use of Employee Who Fails or Refuses a Drug/Alcohol Test Compliance with theoun "s Drug and Alcohol Testing Policy is a condition of employment. If an Employee refuses to take a required test or.fails.a drug'and/or alcohol test, he shall be removed from safety -sensitive functions and place d'on feave QtHout pay: Additional disciplinary action up to and including termination may result. The Getmty shall not use any employee in a safety -sensitive function who either fails a drug test as verified by the MRO, fails an alcohol test as verified by the BAT or refuses to take a drug and/or alcohol test required by this Policy. Before an Employee returns to duty requiring the performance of a safety -sensitive function after engaging in conduct prohibited by this Policy, the Employee shall undergo a return -to -duty drug and/or alcohol test with a result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol; or an illegal drug test with a verified negative result if the conduct involved illegal drugs. In addition, each Employee identified as needing assistance in resolving problems associated with alcohol misuse or illegal drug use shall be: a. Evaluated by a Substance Abuse Professional to determine that the Employee has properly followed any rehabilitation program prescribed by the Substance Abuse Professional; and 08/25/00 FRI 10:55 FAX 914 488 2002 D C CTY ATTORNEY D 2006 b. ub' t to unannounced follow-up alcohol and illegal drug tests administered by the ,�-C .bi4' �y�following the Employee's return to duty. The number and frequency of such follow-up testing shall be directed by the Substance Abuse Professional and consist of at leas" six t "s'i tlie.fi�st.'12:__, h __.,following the Employee's return to duty. The Gbuty/__— will direct the Employee to undergo return -to -duty and follow-up testing for both alcohol and illegal drugs, if the Substance Abuse Professional determines that return -to -duty and follow-up testing for both alcohol and illegal drugs is necessary forthat particular Employee. Follow-up testing shall not exceed 60 months from the date of the Employee's return to duty. The Substance Abuse Professional may terminate the requirement for follow-up testing at any_ time after the first six (6) tests have been administered, if the Substance Abuse Professional determines that such testing is no longer necessary. Restrictions on an Employee Pertaining to Alcohol Usage. a. No Employee shall report for duty or remain on duty while having an alcohol concentration of 0.02 or greater. b. No Employee shall possess alcohol during working hours unless the alcohol is manifested and transported as part of a shipment. C. No Employee shall use alcohol during working hours. d. No Employee shall use alcohol within four (4) hours prior to performing a safety -sensitive function. e. No Employee required to take a post -accident alcohol test shall use alcohol following an accident for eight (8) hours following the accident, or until he undergoes a post -accident alcohol test, whichever occurs first. f. An Employee who is found to have an alcohol concentration of 0.02 but less than 0.04 shall not be allowed to perform safety -sensitive functions until the start of his next shift but not less than 24 hours (measured from the time of the test). g. An Employee who is found to have an alcohol concentration of 0.04 or greater shall not be allowed to perform safety -sensitive functions and shall be evaluated by a Substance Abuse Professional who shall determine what assistance, if any, the Employee needs in resolving problems associated with alcohol misuse and/or illegal drug use. 08/25/00 FRI 10:55 FAX 914 486 2002 D C CTY ATTORNEY D 2007 Section WE Specimen Collection Requirements A. Scooe: The procedures contained herein and in Appendix C shall be complied with by the designated collection sites. These procedures address the requirements contained in Section 40.25. B. General Information: The collection site shall have all necessary personnel, materials, equipment, facilities, and supervision to provide for the collection, security, temporary storage, and shipping or transportation of urine specimens to a certified -drug testing laboratory designated by the !� --nf�. An independent medical facility may also be utilized as a collection site provided the I— other applicable requirements of Appendix C are met. y A designated collection site shall be any suitable location where a specimen can be collected ' t ' under conditions set forth in Appendix C, including a properly equipped mobile facility. A designated collection site shall have an enclosure within which private urination can occur, a toilet for completion of urination, and a suitable clean surface for writing. The site must also have a source of water for washing hands, which if practical, should be external to the enclosure where urination occurs. Alcohol tests shall be conducted by. a Breath Alcohol Technician (BAT) trained to proficiency in the operation of the Evidentiary or Evidential Breath Testing device (EBT). Alcohol tests shall be conducted in a location that affords visual and aural privacy to the individual being tested, sufficient to prevent unauthorized persons from seeing or hearing test results. Detailed specimen collection procedures are outlined in Appendix C. Section IX: Drug Testing Laboratory A. SAMHSA (formerly NIDA) Laborato The Couf#y shall use a.drug testing laboratory certified under DHHS Mandatory Guidelines for Federal Workplace Drug Testing Programs; 53 Federal Register 11970, April 11, 1988 and subsequent amendments. The laboratory shall provide services in accordan��t-h-Part 40 and Part 382. The name and address of each SAMHSA laboratory user�--s��.- `by-th�_CoAy is contained In Appendix-A'�-he laboratory shall permit inspections by thegt,�o_ut ,,'the FHWA Administrator, or if the Courfty is subject to the jurisdiction of a state agency, a representative of the state agency. B. Laboratory Procedures: These procedures are addressed in Appendix F. -12- 08/25/00 FRI 10:56 FAX 914 486 2002 D C CTY ATTORNEY D Z008 c Section X: Blind Performance Test Procedures The City shall use blind testing quality control procedures as provided in this section. The County shall submit three blind performance test specimens for each 100 employee specimens it submits. Section XI: Review of Drug Testing Results A. General Information: The Goffn� shall use an MRO,who shall be a licensed physician with knowledge of drug abuse disorders. The MRO shall review all negative and positive drug test re, I and interview individuals tested positive to verify the laboratory report before the n y is notified. The review of negative tests may be an administrative process to ensure the chain -of -custody procedures were intact. The MRO has contracted with the Geutsfy provide the services of an MRO for this drug teenty olicy in accordance with the requirements of Title 49 CFR 40.33. A listing of the o MRO, including the name and address, is contained in Appendix A.- B. : B. Reporting and Review of Results:. The MRO shall review confirmed positive results. An essential part of the drug testing program is the final review of confirmed positive results from the laboratory. A positive test result does not automatically identity an employee/applicant as having used drugs in violation of a DOT regulation. An individual with a detailed knowledge of possible alternate medical explanations is essential to the review of the results. This review shall be performed by the MRO prior to the transmission of results to the DAPM . The MRO review shall include review of the chain -of -- custody to ensure that it is complete on its face. The duties of the MRO with respect to negative results are purely administrative. C. Responsibilities of MRO: The role f -the MRO is to review and interpret confirmed positive test results. obtained through the G * testing program. In carrying out this responsibility, the MRO shall examine alternate medical explanations for any positive test result. This action could include conducting a medical interview with the individual and review of the individuals medical history, or review of any other relevant biomedical factors. The MRO shall review all medical records made available by the tested individual when a confirmed positive test could have resulted from legally prescribed medication. The MRO shall not, however, consider the results of urine samples that are not obtained or processed in accordance with'DOT regulations. The MRO may require the original specimen be reanalyzed to determine the accuracy of the -13- 08/25/00 FRI 10:58 FAX 914 488 2002 D C CTY ATTORNEY D Z009 test result. The MRO may verify that the laboratory report and assessment are correct. D. Positive Test Results: Prior to making a final decision to verify a positive test result, the MRO shall give the individual an opportunity to discuss the test result with him. The MRO shall contact the individual directly, on a confidential basis, to determine whether the employeewishes to discuss the test result. A staff person under the MRO's supervision may make the initial contact, and a medically licensed or certified staff person may gather information from the employee. Except as provided in paragraph 5 of this section., the MRO shall talk directly with the employee before verifying a test as positive. If, after making all reasonable efforts and documenting them, the MRO is unable to reach the individual directly, the MRO shall contact the DAPM who shall direct the individual to contact the MRO as soon as possible. If It becomes necessary to reach the individual through the DAPM, the DAPM shall employ procedures that ensure, to the maximum extent practicable, that the requirement of the employee to contact the MRO is held in confidence. If, after making all reasonable efforts, the designated management official is unable to contact the employee, theay place the employee on temporary medically unqualified status or medical leave. 0?r- The MRO may verify a test as positive without having communicated directly with the -employee about the test in two circumstances: a. The Employee expressly declines the opportunity to discuss the test: or b. The designated C' representative has successfully made and documented a contact with the Employee a d instructed the Employee to contact the MRO (see preceding paragraphs of this section), and more than five days have passed since the date the Employee was successfully contacted by the designated county representative. If a test is verified positive under the circumstances specified in preceding paragraph, the employee may present to the MRO information documenting that serious illness, injury, or other circumstances unavoidably prevented the employee from timely contacting the MRO. The MRO, on the basis of such information, may reopen the verification allowing the employee to present information concerning a legitimate explanation for the confirmed positive test. If the MRO concludes that there is a'legitimate explanation, the MRO declares the test to be negative. Following verification of a positive test result, the MRO shall, as provided in theme 's policy, refer the case to the DAPM (or designee) for action. E. Verification for 0 iates;_Review for Prescription Medication: Before the MRO verifies a confirmed positive result for opiates, the MRO shall determine that there is clinical evidence, in addition to the urine test, of unauthorized use.of any opium, opiate, -14- 08/25/00 FRI 10:57 FAX 914 488 2002 D C CTY ATTORNEY D 10010 or opium derivative (e.g.,morphine/codeine). This requirement does not apply if the Couffr-y s GC/MS confirmation testing for opiates confirms the presence of 6monoacetylmorphine. F Reconfirmation Analysis: The MRO shall notify each Employee with a confirmed positive test that the Employee has 72 hours in which to request a test of the split specimen. If the Employee requests an analysis of the split specimen within -72 hours of having been informed of a vermed positive test, the MRO shall direct in writing, the laboratory to provide the split specimen to another DHHS certified laboratory for analysis. If the analysis of'the split specimen fails to reconfirm the presence of the drug(s) found in the primaryspecimen, is unavailable, inadequate for testing, or not testable, 'the MRO shall, cancel the test and report the cancellation and the reasons for it to the DOT, the Oottr(ty, and the Employee. G. Results Consistent with Le al Drug Use: If the MRO determines there is a legitimate medical explanation for the positive test result, the MRO shall report the test result to the Gey -as negative. H. Results Scientifically,J,nsufficient: The MRO, based on review of inspection report, quality. control data; multiple sample, and other pertinent results, may determine that the result is scientifically insufficient for further action and declare the test specimen negative. In this situation the MRO may request reanalysis of the original sample before making this decision. The MRO may request that reanalysis be - performed by the same laboratory or, as provided in paragraph F above, that an aliquo of the original specimen be sent for repeat analysis to an alternate laboratory which is ce- 1 fied in accordance with the DHHS guidelines. The laboratory shall assist in this review process as requested by the MRO by making available the individual responsible for day-to-day management of the urine drug testing laboratory or other Employee who is a forensic toxicologist or who has equivalent forensic experience in urine drug testing, to provide specific consultation as required by th u ` CoThe oall include in any required annual report to FHWA a summary of any negative findings based on scientific insufficiency but shall not include any personal identifying information in such reports. I. Disclosure of Information: Except as provided in this paragraph, the MRO shall not disclose to any third party medical information provided by the individual to the MRO_g_q a part of the testing verification process. The MRO may disclose such information to the CDOT or other Federal safety agency, or a physician responsible for determining the medical qualification of the Employee under the appropriate DOT regulation, as applicable, only if: a. An applicable DOT regulation permits or requires such disclosure; b. In the'MRO's reasonable medical judgment; the information could result in the Employee -is- 08/25/00 FRI 10:57 FAX 914 488 2002 D C CTY ATTORNEY D 2011 being determined to be medically unqualified under any applicable DOT rule; or C. In the MRO's reasonable medical judgment, in a situation in which there is no DOT rule establishing physical qualification standards applicable to the Employee, the information indicates that continued performance by the Employee of his or her covered function could pose a significant safety risk. Before obtaining medical information from the Employee as part of the verification process, the MRO shall inform the employee that information may be disclosed to third parties as'provided in this paragraph and the identity of any parties to whom information may be disclosed. Section XII: Retention of Samples Samples that yield positive results on confirmation must -be retained by the laboratory in properly secured, long-term, frozen' storage for at.least 365 days. Within this 365 day period, the Em to ee or designated representative, FHWA or other state agencies with jurisdiction, or the '7aomay request in writing that the sample be retained for an additional period. If the laboratory does not receive the request to retain the sample within the 365 day period, the sample may be discarded. Section XIII: Retesting of Samples A. General Information-, An Employee/applicant may request in writing to the MRO a retest of the sample provided such request is made within 72'hours of the Employee having been informed of a verified positive test from the MRO. B. Retest Provisions: If a retest is requested as provided in paragraph A above, the MRO shall direct in writing the laboratory to provide the split specimen to another DHHS certified laboratory for analysis. The Employee will be required to pay in advance for the cost of the shipment and repeat analysis of the sample. . . C. Detection levels: Because some substances deteriorate or are lost during freezing and/or storage, quantifying levels for a retest are not subject to a specific cutoff requirement but must provide data sufficient to confirm the presence of the drug or metabolite. If the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolites) found in the primary specimen the MRO shall cancel the test. -16- 08/25/00 FRI 10:58 FAX 914 488 2002 D C CTY ATTORNEY D 121012 r � Section, -Employee Assistance Program (EAP) The Ettirq provides an EAP for its Employees. The EAP provides confidential counseling for many'different areas of concern to Employees including drug and/or alcohol problems. The-. name and number of the EAP is listed in Appendix A. �� Supervisory persons sible for those Employees covered under this Policy will receive training under the ou Alcohol and Drug Testing Policy. The training shall include at least one 60 -minute period of training on the specific, current, physical, behavioral and performance indicators of probable drug, use and an additional 60 -minute period of training on the specific, current, physical, behavioral_and performance indicators of probable alcohol use. This training shall be for supervisors who may determine whether an Employee must be drug and/or alcohol tested for reasonable cause. Section XV: Record Keeping Procedures A. General Information:;L The DAPM (or designee) shall maintain a locked file system which will contain drug and/or alcohol test results. This file shall be maintained as confidential. Employee files shall be handled on strict "need -to -know" basis. Drug and/or alcohol test results shall not be included in personnel files. Information regarding an individual's drug and/or alcohol testing results or rehabilitation may be released only upon written consent of the affected Employee, except: a. Such information must be released regardless of consent to DOT or other government agency as apart of an accident investigation; or b. Such information may be disclosed regardless of consent in a lawsuit, grievance or other proceeding initiated by or on behalf of the Employee and arising from a verified positive drug and/or alcohol test. Statistical data related to drug and/or alcohol testing and rehabilitation that is not name -specified and training records may be released to DOT or other governmental agencies upon request. The Y as shall maintain records of this Policy provided below. The records shall be maintained in a secure location with controlled access. The following records shall be maintained for a minimum of five (5) years: a. Records of Employee alcohol test results with results- indicating an alcohol concentration of 0.02 or greater, b. Documentation of refusals to lake required alcohol tests; -17- 08/25/00 FRI 10:58 FAX 914 488 2002 D C CTY ATTORNEY D 12013 C. EBT calibration documentation; d. Employee evaluation and referrals; e. DCIS annual report data; f. Records of employees verified positive drug test results: (i) Job classification and functions of Employees; (ii) Prohibited drug(s) used; and (iii) Disposition of Employee (i.e., rehabilitation, suspension, terminations, etc.). g. Documentation of refusals to take required Alcohol and/or Drug test; h. A copy of each annual calendar year summary required by 49 CFR Sectiun 382.403. The following records shall be maintained for a minimum of three (3) years. a. Records that demonstrate the collection process conforms to 49 CFR Section 40.25. The following records shall be maintained fora minimum of two (2) years: a. Records related to the alcohol and drug collections process (except calibration of evidential breath testing devices) and training. The following records shall be maintained for a minimum of one (1) year: a. Records of negative and canceled illegal drug test results (as defined in 49 CFR Part 40) and alcohol test results with a concentration of less than 0.02. The following specific records shall be maintained: a. . Records related to the collection process: (i) Collection logbooks, if used; b. Documents relating to the random selection process; C. Calibration documentation for Evidential Breath Testing devices; d. Documentation of Breath Alcohol Technician training; e. Documents generated in connection with decisions to administer reasonable cause/suspicion alcohol or drug tests; f. Documents generated in connection with decisions on post accident tests; g. Documents verifying existence of a medical explanation of the inability of an Employee to provide adequate breath or to provide a urine specimen for testing; h. Consolidated annual calendar -year summaries as required by 49 CFR Section 382.403. i. Records related to Employee's test results: (i) The' copy of the alcohol test form, including the results of the test; (ii) The �tyvscopy of the drug test chain of custody and control form; (iii) Documents sent by the Medical Review Officer to the Com, including those required by 49 CFR Section 382.407 (a); (iv) Documents related to the refusal of any Employee to submit to an alcohol or drug test required by this Policy; and, -18- 08/25/00 FRI 10:59 FAX 914 486 2002 D C CTY ATTORNEY D la014 (v) Documents presented by an Employee to dispute the result of an alcohol or drug test administered under this Policy. j. Records related to other violations of this Policy. k. Records related to evaluations: (i) Records pertaining to a determination. by a Substance Abuse Professional concerning an Employee's need for assistance; and (i�i Records concerning an Employee's compliance with recommendations of the Substance Abuse Professional; I. Records related to the s Computes Information System testing data; M. Records related to education and training: (i) Materials on alcohol misuse and illegal drug use awareness, including a copy of the Policy; (ii) Documentation of compliance with the requirements of 49 CFR Section 382.601, including the Employee's signed receipt of education materials; o. Records related to drug and/or alcohol testing: (1) Agreements with Collection Site facilities, laboratories, Medical Review Officers and consortia; (ii) Names and positions of officials and their role in the Germ's Drug and Alcohol Testing. Policy; (I'll) Monthly laboratory statistical summaries of urinalysis required by 49 CFR Section 40.29(g)(6); and (iv) The Gains Drug and Alcohol Testing Policy; Employee Access An Employee is entitled, upon written request, to obtain copies of any records pertaining to the Employee's use of alcohol or drugs, including any records pertaining to his alcohol or drug tests. Location of Records All records required by 49 CFR shall be maintained and shall be made available for inspection at the Gongs principal place of business within two (2) business days after a request has been made by an authorized representative of the FHWA. -19- 08/25/00 FRI 10:59 FAX 914 488 2002 D C CTY ATTORNEY D 10015 Appendix A Drug Personnel and Services 1. Drug/Alcohol Program Manager (DAPM) Barbara L Sutton / Director of Employee Relations 22 Market Street Poughkeepsie, NY 12601 2. Medical Review Officer (MRO) William Baubie III, M.D. and John Keene, M.D. The Workplace at St. Francis Hospital 60 West Cedar Street Poughkeepsie, NY 12603 I. Primary Laboratory Coming Metpath One Malcolm Avenue Teterboro NJ 07608 - 1070 Secondary Laboratory 4. Employee Assistance Program (EAP) 7 Mansion Street Poughkeepsie NY 12601 08/25/00 FRI 10:59 FAX 914 488 2002 D C CTY ATTORNEY D laOle Division Auto Center Aviation Highway Parks Appendix B Covered Employees Title Motor Equipment Operator Airport Maintenance Mechanic I Airport Maintenance Mechanic W Airport Maintenance Supervisor* Assistant Tree Climber Bridge Maintainer Bridge Maintenance Supervisor* CEO 1 CEO II* CEO II/Mechanic Construction Equipment Mechanic I Construction Equipment Mechanic ll Equipment Mechanic Supervisor I* Equipment Mechanic Supervisor II* Garage Superintendent* Labor Supervisor* Maintenance Superintendent* MEO Sector Chief" Tree Climber Tree Maintenance Supervisor* Tree Trimmer Park Maintenance Mechanic Park Manager I* Park Manager IIS' *Indicates that the title is acting as a Supervisor for the purpose of this Policy and is authorized to designate reasonable suspicion alcohol or drug testing. A.j 08/25/00 FRI 10:59 FAX 914 488 2002 D C CTY ATTORNEY D 19017 Appendix C Drug and Alcohol Specimen Collection Procedures Druas A. Scope: 1. The drug testing custody and control form is to be used as a permanent record on which identifying data on the employee and on the specimen collection and transfer process are retained. The drug testing plan requires testing for marijuana, cocaine, opiates, amphetamines, and phencyclidine. 2. Urine specimens collected under -this plan may be used only to -test for controlled substances designated or approved for testing as described in this appendix and shall not be used to conduct any other analysis or test. 3. This plan does not prohibit procedures reasonably incident to analysis of the specimen for controlled substances (e.g.', determination of PH or test for specific gravity, creatinine concentration, or presence of adulterants). B. Procedures: The collection site person shall utilize the DOT approved drug testing custody and control form (COC). C. Security: 1. The purpose of this paragraph is to prevent unauthorized access which could compromise the integrity of the collection process of the specimen. 2. The designated collection site is to be secure. If a collection site facility is dedicated solely to urine collection, it shall be secure at all times. If a facility cannot be dedicated solely to drug testing, the portion of the facility used for testing shall be secure during drug testing. J.Z_ 08/25/00 FRI 11:00 FAX 914 486 2002 D C CTY ATTORNEY D Z018 Appendix C Drug and Alcohol Specimen Collection Procedures Page 2 Drugs cont'd A. Scope: cont'd 3. A facility normally used for other purposes, such as a public rest room or hospital examining room, may be secured by, visual inspection to ensure other persons are not present and undetected access (e.g., through a rear door not in view of the collection site person) is not possible. Security during collection may be maintained by effective restriction of access to collection materials and specimens. In the case of a public rest room, the facility must be posted against access during the entire collection procedure to avoid embarrassment to the Employee or distraction of the collection site person. 4. If it is impractical to maintain continuous physical security of a collection site from the time the specimen is presented until the sealed mailer is transferred for shipment, the following minimum procedures shall apply: a. The specimen shall remain under the direct control of the collection site person from delivery to its being sealed in the mailer; and b. The mailer shall be immediately mailed, maintained in secure storage, or remain under the personal Control of the collection site person until mailed. D. Chain of Custody: The chain of custody block of the drug testing custody and control form shall be properly executed by authorized collection site personnel upon receipt of specimens. 2. Handling the transportation of urine specimens from an authorized individual or place to another shall always be accomplished through chain of custody procedures. Every effort shall be made to minimize the number of persons handling specimens. 3 -4 08/25/00 FRI 11:00 FAX 914 486 2002 D C CTY ATTORNEY D to 019 Appendix C Drug and Alcohol Specimen Collection Procedures Page 3 Drugs cont'd E. Access to Authorized Personnel 0Ul : 1. No unauthorized personnel shall be permitted in any part of the designated collection site when urine specimens are collected or stored. Only the collection site person may handle specimens prior to their securement in the mailing container or monitor or observe a specimen collection (under the conditions specified in this section). 2. To promote security of specimens, avoid distraction of the collection site person, and ensure against any confusion in the identification of specimens, the collection site person shall have only one donor under supervision at anytime. 3. For this purpose, a collection procedure is complete when the urine bottle has been sealed and initialed, the drug testing custody and control form has been executed, and the Employee has departed the site (or, in the case of an Employee who was unable to provide a complete specimen, has entered a waiting area). F, Privacy: 1. Procedures for collecting urine specimens shall allow individual privacy unless there is a reason to believe that a particular individual may alter or substitute the specimen to be provided, as further described in this paragraph. 2. For purposes of this procedure, the following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen:. a. The individual has presented a urine specimen that falls outside the normal temperature range (32-38 C / 90-100 F); and. (i) the individual declines to provide a measurement of oral body temperature; or (ii) oral body temperature varies by more than 1 C / 1.8 F from the temperature of the specimen; b. The last urine specimen provided by the Employee (i.e., on a previous occasion) was determined by the laboratory to have a specific gravity .of less than 1.003 and a creatinine concentration below 0.2 g/L; 2- Y 08/25/00 FRI 11:00 FAX 914 488 2002 D C CTY ATTORNEY D [a 020 Appendix C Drug and Alcohol Specimen Collection Procedures Page 4 F. Privac : 2. c. The collection site person observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample (e.g., substitute urine in plain view, blue dye in specimen presented); or d. The Employee_h_as previously been determined to have used a controlled substance without medical authorization and the particular test was being conducted under -a DOT regulation providing for follow-up testing upon or after return to service. . I 3. A higher-level supervisor of the collection site person, or a designated C t representative, shall review and concur in advance with any decision by a collection site person to obtain a specimen under the direct observation of a same gender collection site person based upon the circumstances described in paragraph 2 above. G Integrity and Identity of Specimen: The collection site person shall take precautions to ensure that a urine specimen is not adulterated or diluted during the collection procedure and that information on the urine custody and control form can identify the individual from whom the specimen was collected. The following minimum precautions shall be taken to ensure that unadulterated specimens are obtained and correctly identified: To deter the dilution of specimens at the collection site, toilet bluing agents shall be placed in toilet tanks wherever possible, so that reservoir of water in the toilet bowl always remains blue. Where practicable, there shall be no other source of water (e.g., no shower or sink) in the enclosure where urination occurs. If there is another source of water in the enclosure, it shall be effectively secured or monitored to ensure it is not used as a source for diluting the specimen. 2. When an individual arrives at the collection site, the collection site person shall ensure that the individual is positively identified as the individual selected for testing (e.g.,through presentation of photo identification or identification by the County's representative). If the individual's identity cannot be established, the collection site person shall not proceed with the collection. if the individual requests, the collection site person shall show proper identification to the individual. 3. If the individual fails to arrive at the assigned time, the collection site person shall contact the appropriate authority to obtain guidance on the action to be taken. 08/25/00 FRI 11:01 FAX 914 486 2002 D C CTY ATTORNEY D 16021 Appendix C Drug and Alcohol Specimen Collection Procedures Page 5 G. Integrity and Identity of Specimen: cont'd 4. The collection site person shall ask the individual to remove any unnecessary outer garments such as a coat or jacket that might conceal items or substances that could be used to tamper with or adulterate the individual's urine specimen. The collection site person shall ensure.that all personal belongings such as a purse or briefcase remain with the outer garments. The individual may retain his or her wallet. If the individual requests it, the collection site person shall provide the employee a receipt for any personal belongings. 5. The individual shall be instructed to wash and dry his or her hands prior to urination. 6. After washing hands, the individual shall remain in the presence of the collection site person and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent, or any other materials which could be used to adulterate the specimen. 7. The individual may provide his or her specimen in the privacy of a stall or otherwise partitioned area that allows for individual privacy. The collection site person shall provide the individual with a specimen bottle or collection container, if applicable, for this purpose. 8. The collection site person shall note any unusual behavior or appearance on the urine custody and control form. /J 1 9. In the exceptional event that a �ognt`y-designated collection site is not accessible and there is an immediate requirement for specimen collection (e.g-, circumstances require post -accident test), a public rest room may be used according to the following procedures: a. A collection site person 'of the same gender as the individual shall accompany the individual.into the public rest room which shall be made secure during the collection procedure. b. if possible, a toilet bluing agent shall be placed in the bowl and any accessible toilet tank. C. The collection site person shall remain in the rest room, but outside the stall, until the specimen is collected. d. If no bluing agent is available to deter specimen dilution, the collection site person shall instruct the individual not to flush the toilet until the specimen is delivered to the collection site person. —27— a -•c. 08/25/00 FRI 11:01 FAX 914 488 2002 D C CTY ATTORNEY D 1Q 022 Appendix C Drug and Alcohol Specimen Collection Procedures Page 6 G Integrity and Identity of Specimen: cont'd g e. After the collection site person has possession of the specimen, the individual will be instructed to flush the toilet and to participate with the collection site person in completing the chain -of -custody procedures. 10. Collection Methodology a. Upon receiving the specimen from the individual, the collection site person shall determine if it has at least 45 ml of urine (30 ml for the primary specimen and 15 ml for the secondary specimen). b. If the individual is unable to provide such a quantity.of urine, the collection site person shall instruct the individual to drink not more than 24 ounces of fluids and, after a period of up to two hours, again attempt to provide a complete sample using a fresh collection container. The original insufficient specimen shall he discarded. C. If the employee is still unable to provide an adequate specimen, the insufficient specimen shall be discarded, testing discontinued, and the DAPM notified. d. The MRO shall refer the individual for a medical evalilation to develop pertinent information concerning whether the individual's inability to provide a specimen is genuine or constitutes a refusal to test. Upon completion of the examination, the MRO shall report his or her concl s -to the employer in writing. e. In pre-employment testing, if t C un; -does not wish to hire the individual, the MRO is not required to make such a referral. f. Upon completion of the examination, the MRO shall report his/ her conclusions to the County in writing. 11. The collection procedures set forth below shall be followed for a urine collection: a. The individual shall urinate into a collection container or specimen bottle capable of holding at least 60 mi. b. If a collection container is used, the collection site person, in the presence of the donor, pours the urine into two specimen bottles. Thirty (30) ml shall be poured into one bottle, to be used as the primary specimen. At least 15 ml shall be poured into the other bottle, to be used as the split specimen. C. If a single specimen bottle is included as a collection container, the collection site person shall pour 30 ml of urine from the specimen bottle into a second specimen bottle (to be used as the primary specimen) and retain the remainder (at least 15 ml) in the collection bottle (to be used as the split specimen). z-2 08/25/00 FRI 11:02 FAX 814 488 2002 D C CTY ATTORNEY D [a 029 Appendix C Drug and Alcohol Specimen Collection Procedures Page 7 Integrity and Identity of Specimen: cont'd 11. d. Both bottles shall be shipped in a single shipping container, together with copies 1, 2, and the split specimen copy of the chain -of -custody form, to the laboratory. e. If the test result of the primary specimen is positive, the individual may request that the MRO direct that the split specimen be tested in a different DHHS-certified laboratory for presence of the drug(s) for which a positive result was obtained in the test of the primary specimen. The MRO shall honor such a request if it is made within 72 hours of the individual having been notified of a verified positive test result. All confirmatory testing will be done at the expense of the individual. f. When the MRO informs the laboratory in writing that the individual has requested a test of the split specimen, the laboratory shall forward, to a different DHHS-approved laboratory, the split specimen bottle, with seal intact, a copy of the MR0 request, and the split specimen copy of the chain -of -custody form with appropriate chain -of -custody entries. g. The result of the test of the split specimen is transmitted by the second laboratory to the MRO. h. Action required by DOT agency regulations as the result of a positive drug test (e.g. removal from performing a safety -sensitive function) is not stayed pending the result of the test of the split specimen. i. if the result of the test of the split specimen 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 and the reasons for it to the DOT, the County and the individual. 12. After the specimen has been provided and submitted to the collection site person, the individual shall be allowed to wash his/ her hands. 13. Immediately after the specimen is collected, the collection site person shall measure the temperature of the specimen. The temperature measuring device used must accurately reflect the temperature of the specimen and not contaminate the specimen. The time from urination to temperature measure is critical and in no case shall exceed 4 minutes. 14. A specimen temperature outside the range of 32-38 C/90 -100 F constitutes a reason to believe that the individual has altered or substituted the specimen. In such cases, the individual supplying the specimen may volunteer to have their temperature taken to provide evidence to counter the reason to believe the individual may have altered or substituted the specimen. t8 08/25/00 FRI 11:02 FAX 914 486 2002 D C CTY ATTORNEY D 12024 Appendix C Drug and Alcohol Specimen Collection Procedures Page 8 G Integrity and Identity of Specimen: cont'd 16. All specimens suspected of being adulterated shall be forwarded to the laboratory for testing. 17. Whenever there is reason to believe that a particular individual has altered or substituted the specimen as.described in Section F.2.a and c.of this section, a second specimen shall be. obtained as soon as possible under the direct observation of a same gender collection site person. 18. Both the individual being tested and the collection site person shall keep the specimen in view at all times prior to its being sealed and labeled. As provided below, the specimen shall be sealed by placement of a tamper -proof seal over the bottle cap and down the sides of the bottle and labeled in the presence of the employee. If the specimen is transferred to a second bottle, the collection site person shall request the individual to observe the transfer of the specimen and the placement of the tamper -proof seal over the bottle cap and down the sides of the bottle. 19. The collection site person shall place securely on the bottle an identification label which contains the date, the individual's specimen number, and any other identifying information provided or required by the employer. if separate from the label, the tamper- proof seal shall also be applied. 20. The donating individual shall initial the identification label on the specimen bottle for the purpose of certifying that it is the specimen collection from the donor. 21. The collection site person shall enter on the drug testing custody and control form all information identifying the specimen. The collection site person shall sign the drug testing custody and control form certifying that the collection was accomplished according to the applicable Federal requirements. 22. The individual shall be asked to read and sign a statement on the drug testing custody and control form that the specimen collected from him is in fact that specimen he provided. The collections site person and the Employee shall be present at the same time during procedures outlined in items 19 through 22 of this section. 25. The collection site person shall complete the chain -of -custody portion of the drug testing custody and control form to indicate receipt of the specimen from the Employee and shall certify proper completion of the collection. .a'? 08/25/00 FRI 11:03 FAX 914 488 2002 D C CTY ATTORNEY D 19025 Appendix C Drug and Alcohol Specimen Collection Procedures Page 9 G Integrity and Identity of Specimen: confd 26. The urine specimen and chain -of -custody form are now ready for shipment. If the specimen is not immediately prepared for shipment, the collection site person shall ensure that it is appropriately safeguarded during temporary storage. 27. Control of Specimen:__ a. While any part of the above chain -of -custody procedures are being performed, it is essential that the urine specimen and custody documents be under the control of the involved collection site person. b. If the involved collection site person leaves his or her work station momentarily, the collection site person shall take the specimen and drug testing custody and control form with him or her or shall secure them. After the collection site person returns to the work station, the custody process will continue. If the collection site person is leaving for an extended period of time, he or she shall package the specimen for mailing before leaving the site. C. The collection site person shall not leave the collection site in the interval between presentation of the specimen by the individual and securement of the sample with an identifying label bearing the individual's specimen identification number and seal initialed by the individual. If it becomes necessary for the collection site. person to leave the site during this interval, the collection shall be nullified and, at the election of the County, a new collection may be begun. H. Collection Control: To the maximum extent possible, collection site personnel shall keep the individual's specimen bottle within sight both before and arter the individual has urinated. After the specimen.is collected, it shall be properly sealed and labeled. I_ Transportation to Laboratory:_ Collection site personnel shall arrange to ship the collected specimens to the drug testing laboratory. The specimens shall be placed in shipping containers designed to minimize the possibility of damage during shipment (e.g.,specimen boxes and/or padded mailers); and those containers shall be securely sealed to eliminate the possibility of undetected tampering. On the tape sealing the container, the collection site person shall sign and enter the date specimens were sealed in the containers for shipment. The collection site person shall ensure that the chain -of -custody documentation is attached to each container sealed for shipment to the drug testing laboratory. 3d 08/25/00 FRI 11:03 FAX 914 486 2002 D C CTY ATTORNEY D 2026 Appendix C Drug and Alcohol Specimen Collection Procedures Page 10 J failure to Cooperate: If the individual refuses to -cooperate with the collection process, the collection site person shall inform the designatedCo representative and shall document the non-cooperation on the. drug testing custody and contro K. Employee Reguiring Medical Attention: If the sample is being collected from an Employee in need of medical attention as part of a post -accident test given in an emergency medical facility, necessary medical attention shall not be delayed in order to collect the specimen. L Use of Chain -of -Custody Forms: A chain -of -custody form shall be used for maintaining control and accountability of each specimen from the point of collection to final disposition of the specimen. The date and purpose shall be documented on the form each time a specimen is handled or transferred and every individual in the chain shall be identified. Every effort shall be made to minimize the number of persons handling specimens. Alcohol Testing A. Scope: 1. The evidential breath testing procedures set forth in this appendix address all the requirements as set forth in 49 CFR Part 40 and specifies the required form and disposition. of such testing forms. B. Alcohol Testing Form and Log Book.- 1. ook:1. The BAT shall utilize the Breath Alcohol Testing form provided by the(56uy. The alcohol testing form must comply with the provisions as contained in 49 CFR Part 40 with regard to the information that must be contained on the form. The form must address the specific requirements contained in Section 40.59. The Gelm may not modify or revise the form. % 2t 08/25/00 FRI 11:04 FAX 914 486 2002 D C CTY ATTORNEY D 12 027 Appendix C Drug and Alcohol Specimen Collection Procedures Page 11 B. Alcohol Testing rm and Lo Book: cont'd 2. The Coy+6 may utilize a form that is directly generated by an EBT and may omit the space for affixing a separate printed result to the testing form. The form shall provide ��- trip licateor three consecutive identical copies with copy 1 (white copy) being retained by the copy 2 (green copy) shall be provided to the individual, and copy 3 (blue copy) shall be retained,by the BAT. 3. The County shall use a log book in conjunction with any EBT used for screening tests that does not meet the requirements for receipts/ numbering sequential. 4. The breath alcohol testing form may Include such additional information as may be required for billing or other legitimate purposes necessary to the testing, provided that personal identifying information on the individual (other than the social security number or employee identification number) may not be provided. C�Breath- Testi_g_Locations: 1. The County shall ensure that there are sufficient breath testing sites or the availability of BATs located within a reasonable proximity to each of the County s work locations. 2. The Coun6 shall conduct the testing in a location that affords visual and aural privacy to the individual being tested. The location shall prevent unauthorized personnel from seeing or hearing test results. All necessary equipment, personnel, and materials for condu4ng the alcohol testing shall be provided at the testing site. 3./ A mobile collection facility, such as a van that is equipped for alcohol testing, that meets the requirements set forth in the regulations may be utilized. 4. No unauthorized persons shall be permitted access to the testing site while the EBT remains unsecured, or in order to prevent such individuals from seeing or hearing a test result. 5. In some circumstances, the CcuFttjr may have to conduct such alcohol testing outdoors at the scene of an accident that does not meet the requirements as specified in post -accident provisions of the regulations. In such cases, the BAT shall provide the necessary visual and aural privacy to the Employee to the greatest extent practicable. 6. The BAT shall supervise only one individual's use of the EBT at a time. The BAT shall not leave the alcohol testing site while the testing process is in progress. 3 L 08/25/00 FRI 11:04 FAX 914 488 2002 D C CTY ATTORNEY D 0 028 Appendix C Drug and Alcohol Specimen Collection Procedures Page 12 D Breath Alcohol Testing Preparations: . When an individual arrives at the alcohol testing site, the BAT shall ensure that the individual is positively identified as the individual selected for alcohol testing (e.g. through presentation of photo identification or identification by the Coun representative). If the individual's identity cannot be established, the BAT shall not proceed with the alcohol test. If the individual requests, the BAT shall show proper identification to the individual. 2. The BAT shall explain the alcohol testing process to the individual. 3. If the individual fails to arrive at the assigned time,' the BAT should contact the appropriate authority to obtain guidance on any action to be taken. E. Screening Test Procedures: 1. The=BAT shall begin the alcohol testing process by completing Step 1 on the Alcohol Breath Testing form. The individual shall then complete Step 2 by signing the certification. Refusal by the individual to sign the certification shall be regarded as a refusal to take the alcohol test. 2. The BAT shall select an individually -sealed mouthpiece and it shall be opened in full view of the individual and attach it to the EFT in accordance with the manufacturer's instructions. 3. The BAT shall instruct the individual to blow forcefully into the mouthpiece for at least 6 seconds or until the EBT instrument indicates that an adequate amount of breath has been obtained. 4. If the EBT does not meet the requirements listed for printing receipts, the BAT shall show the individual the result displayed on the EBT. The BAT shall record the displayed result, test number, testing device, serial number of the testing device, time and quantified result in Step 3 of the form. The BAT shall record in the log book the test number, date of the test, name of the BAT, location, and quantified test result. The individual shall then initial the log book entry. 33 08/25/00 FRI 11:05 FAX 914 486 2002 D C CTY ATTORNEY D 1x029 Appendix C Drug and Alcohol Specimen Collection Procedures Page 13 E Screening Test Procedures: cont'd 5. If the EBT provides a printed result but does not print the results directly on to the form, the BAT shall show the individual the result displayed on the EBT. The BAT shall then affix the test result printout to the breath alcohol test form in the designated space. The result shall be secured in such a manner that will provide clear evidence of removal, such as the use of tamper -evident tape. S. if the EBT prints the test result directly onto the alcohol form, then the BAT shall show the individual the result displayed on the EBT. 7. If the result of the screening alcohol test is a breath alcohol concentration of less than 0.02, the BAT shall date the form and sign the certification in Step 3 of the form. The individual shall then sign the certification and fill in the date in Step 4 of the form. If the individual does not sign the certification in Step 4 or does not initial the log book entry for a test, it shall not be considered a refusal to be tested. In this event, the BAT shall note the individual's failure to sign or initial in the "Remarks" section of this form. 8. if a test result printed by the EBT does not match the displayed result, the BAT shall note the disparity in the "Remarks" section. Both the BAT and the individual shall initial or sign the notation. The alcohol test is invalid and the DAPM and the individual shall be so advised. 9. At this point, no further testing is authorized. T ,o BAT shall transmit the result of less than 0.02. to the or other appropriate Ca My representative in a confidential manner. The C ty, shall receive and store the information so as to ensure that confidentiality is maintained as required in the regulations. 10. If the result of the screen test is an alcohol concentration of 0.02 or greater, then the BAT shall perform a confirmation test. If the confirmation test will be conducted by a different BAT, then the BAT who conducts the screening test shall complete and sign the form and log entry. The BAT will upon completion of the alcohol test provide the individual with Copy 2 of the breath alcohol testing form. F Confirmation Test Procedures: When a BAT other than the one who conducted the screening test is required to conduct the confirmation test, the new BAT will require the individual -to provide positive identification such as photo ID card or identification by a (o n't'y representative. The BAT, upon request of the individual being tested, will also ovide such identification. dY 08/25/00 FRI 11:05 FAX 914 486 2002 D C CTY ATTORNEY D (a 030 .r.F Appendix C Drug and Alcohol Specimen Collection Procedures Page 14 F. Confirmation Test Procedures: 2. The BAT shall instruct the individual not to eat, drink, put any object or substance in his mouth and, to the extent possible, not belch during the waiting period just prior to the confirmation test being conducted. This waiting period shall begin with the completion of the screening test and shall not be less than 15 minutes, but must be within 20 minutes of the completion of the screening test. The BAT shall explain to the individual that the reason for this is to prevent any accumulation of mouth alcohol leading to an artificially high reading and that it is for the benefit of the individual to comply with these instructions. The BAT shall also explain that the test will be conducted at the end of the required waiting period, even if the individual has disregarded the instructions. Should the BAT become aware that the individual has not complied with the instructions as provided, the BAT shall note the observations in the "Remarks" section of the form. 3. When a BAT other than the one who conducted the screening test is required to conduct the confirmation test, the new BAT shalt initiate a new Breath Alcohol Testing form. The BAT shall then complete Step 1 on the form and the individual shall then complete Step 2 by signing the certification. If the individual should choose not to sign the certification, the BAT shall then make an appropriate notation in the "Remarks" section indicating the individual's refusal to take the alcohol test. The BAT shall note in the "Remarks" section that a different BAT conducted the screening test. 4. The BAT shall open, in the presence of the individual, a new individually sealed mouthpiece and attach the mouthpiece to the EBT in accordance with the manufacturer's instructions. The BAT will then instruct the individual to blow forcefully into the mouthpiece for at least 6 seconds or until the EBT indicates that an adequate amount of breath has been obtained. 5. The BAT shall ensure, prior to the confirmation test being administered to the individual, that the EBT shall register 0.00 on an air blank. Should the EBT again register greater than 0.00, the testing shall not proceed using that EBT. An EBT taken out of service because of failure to perform an air blank accurately shall not be used for testing until a check of external calibration is conducted and the EBT is found to be within the accepted tolerance limits. Alcohol testing using another EBT may.proceed. 6. In the event that the screening and confirmation test results are not identical, the confirmation test.Ce6dt shall be deemed to be the final result on which any disciplinary action by the ety may be taken in order to comply with the requirements of the Policy and any applicabl federal requirements. 3S 08/25/00 FRI 11:08 FAX 914 488 2002 D C CTY ATTORNEY D 12 031 Appendix C Drug and Alcohol Specimen Collection Procedures Page 15 F. Confirmation Test Procedures: 7. If the EBT provides a printed result but does not print the results directly onto the form, the BAT shall show the individual the result displayed on the EBT. The BAT shall then affix the test result printout to the breath alcohol test form in the designated space. The result shall be secured in such a manner that will provide clear evidence of removal, such as the use of tamper -evident tape. 8. If the EBT prints the test result directly onto the alcohol form, then the BAT shall show the individual the result displayed on the EBT. 9. After the confirmation test is completed, the BAT shall date the form and sign the certification in -Step 3 of tho form. The individual shall then be instructed to sign the certification and fill in the date in Step 4. If the individual should elect to not sign the certification or to provide his initials in the log book entryfor the test conducted, it shall not be considered as a refusal to be tested. The BAT shall then note the individual's failure to sign or initial the log book in the "Remarks" section of the testing form. 10. If a test result printed by the EBT does not match the displayed result, the BAT shall note the disparity in the "Remarks" section. Bath the BAT and individual shall initial or sign the notation on the testing form. The test shall be considered "invalid" and the unty representative and the individual shall be so advised. 11. The BAT shall transmit all alcohol testing results to the DAPM or other ty~-( representative in a confidential manner. All communications by SATs shall be to the DAPM or designee only and may be provided in writing, in person, or by telephone or electronig s. The BAT shall ensure tha mediste transmission of test results to the Ce(n \ is conducted in order for the C u to prevent the individual from performing any covered functions. 12. The initial transmission will be accomplished in writing, via fax, to the DAPM or designee. The BAT shall follow the initial transmission by providing to the DAPM or designee the company's copy of the breath alcohol testing form. The test results shall be stored in such a manner so as to protect the confidentiality of the results and to eliminate the disclosure of information to unauthorized persons. 3C 08/25/00 FRI 11:06 FAX 914 486 2002 D C CTY ATTORNEY D @1032 Appendix C Drug and Alcohol Specimen Collection Procedures Page 16 G Refusals to Test and Uncompleted Tests: . 1. Refusal by an individual to complete and sign Step 2 of the breath alcohol testing form, to provide breath, to provide an adequate amount of breath, or otherwise to cooperate with the testing process in a way that prevents the completion of the test shall be noted by the BAT in the "Remarks" section of theJ67-. The testing process shall be terminated and the BAT shall immediately notify theoiDAPM or designee. 2. If a screening or confirmation test cannot be completed or if an event occurs to invalidate the test, the BAT shall, if practicable, begin a new screening or confirmation test using a new breath alcohol testing form with a new sequential test number. H. inadequate Amount of Breath: If the individual is unable, or alleges that he is unable, to provide a sufficient amount of breath to permit a valid breath test because of a medical condition, the BAT shall again instruct the individual to attempt to provide an adequate amount. if the individual refuses to make the attempt, the BAT shall immediately inform the DAPM. 2. If the individual attempts and fails to provide an adequate amount of breath, the BAT shall so note in the "Remarks" section of the testing form and shall immediately inform the DAPM. The DAPM .shall direct the individual to obtain, as soon as practical after the attempt, an evaluation from a licensed physician who is acceptable to the County concerning the individual's medical ability to provide an adequate amount of breath. 3. If the physician determines, in his reasonable medical judgment, that a medical condition has or could have precluded the individual from providing an adequate amount of breath, the individual's failure to provide an adequate amount of breath sh�l_not be deemed as a refusal to take an alcohol test. The physician shall provide to theDAPM a written statement of the basis of his conclusion. ';, 4. If the physician, in his reasonable rinedical judgment, is unable to make the determination that a medical condition has precluded the individual from providing an adequate amount of breath, the individual's failure to provide an adequate amount of breath shall be regarded as a refusal to take a test. The ysiCi21n shall provide a written statement of the basis for his conclusion to the C my DAPM. -e 7 08/25/00 FRI 11:08 FAX 914 488 2002 D C CTY ATTORNEY D IQ09J Appendix C Drug and Alcohol Specimen Collection Procedures Page 17 I. Invalid Tests: A breath alcohol test shall be invalid under the following circumstances: 1. The EBT does not pass its next external calibration check. This invalidates all test results of 0.02 or greater on tests conducted since the last valid external calibration test. This would not invalidate any negative tests conducted. 2. The BAT does not observe the minimum 15 minute waiting period prior to conducting the confirmation test. 3. The BAT does not perform an air blank of the EBT before a confirmation test, or an air . blank does not result in a reading of 0.00 prior to the administration of an alcohol test. 4. The BAT does not sign the breath alcohol testing form. 5. The BAT fails to note in the "Remarks" section of the form that the Individual has failed or rerused to sign the.forrn following the recording or printing on or attachment.to the form of the test results. 6. An EBT fails to print a confirmation test result. 7. The sequential test number or alcohol concentration displayed on the EBT is not the same as the sequential test number or alcohol concentration on the printed result. 08/25/00 FRI 11:07 FAX 914 488 2002 D C CTY ATTORNEY D (a 034 Appendix D Drug Test Methodology All drug tests required under this Policy shall be accomplished utilizing a urinalysis drug -testing methodology. The initial immunoassay screen test will eliminate "negative" urine specimens from further consideration. A'confirmatory test shall be utilized to identify the presence of a specific drug for all "positive" urine specimens resulting from the initial tests. This confirmatory test shall use a more reliable technique than the initial screen test (i.e., Gas Chromatography -Mass Spectrometry GC -MS). If the test result of the primary specimen is positive, the individual may request that the MRO direct the split specimen to be tested in a different DHHS certified laboratory for presence of the drugs for which a positive result was obtained in the test of the primary specimen. The MRO shall honor such a request if it is made within 72 hours of the individual having been notified of a verified positive test result. This additional confirmatory test shall use the GC/MS methodology.. The individual shall be responsible for payment for the confirmatory test. All testing and tests required under this Policy shall be done in accordance with the icy requirements of the DOT Regulations entitled "Procedures for Transportation Workplace Drug Testing Programs (49 CFR Part 40)", and the US Department of Health and Human Services' andalory Guidelines for Federal Workplace Drug Testing Programs" and any, if more tririgerit, applicable to NY State rules. These governmental regulations set forth the testing equirements for the drugs, the specimen collection procedures, including the chain -of -custody, nd the required laboratory certification. All alcohol tests shall be performed on an Evidential Breath Testing Device (EBT) approved by the National Highway Traffic Safety Administration (NHTSA) which appears on NHTSA's "Conforming Products List of Evidential Breath Measurement Devices"(CPL). All Alcohol tests shall be performed by a Certified Breath Alcohol Technician (BAT). 37 08/25/00 FRI 11:07 FAX 914 486 2002 D C CTY ATTORNEY D 1Q 095 Appendix E Instructions To Employees Regarding Post -Accident Alcohol and/or Drug Testing There' are strict time requirements regarding post -accident testing. It is the Employee's responsibility to notify his supervisor immediately of an accident as defined under the definition section of the Policy. If an Employee is unsure whether an incident falls under the definition of accident, the Employee shall notify supervision of the incident so that an appropriat�cision j "5 DfU can be made and documented by the supervisor. The supervisor shall notify e6Go-unty g and Alcohol Program Manager immediately of an accident which may require a drug and/or alcohol test_ Nothing in this Instruction shall be construed to require the delay of necessary medical attention for injured people following an accident or 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. No Employee shall use alcohol following an accident as defined in the definition section of this Policy for eight (8) hours following the accident, or until he undergoes a post -accident alcohol test, whichever occurs first. y_ %/ An Employee who is subject to post -accident testing who fails to remain readily available for such testing, including notifying the ur�I of his location if, he Icevea the scene of the accident on to such test, ma be deemed by the du to have refused to submit to prior to submission Y �� testing. Ir , 08/25/00 FRI 11:08 FAX 914 488 2002 A. Drug Testin : D C CTY ATTORNEY Appendix F D 10 036 Initial Test: The initial test shall use an immunoassay which meets the requirement of the Food and Drug Administration for commercial distribution. 2. Confirmatory Test: All specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques at the cutoff values listed in the regulations for each drug. All confirmations shall be by quantitative analysis._ 6 Reporting Results: 1. The laboratory shall report test results to the6unty's MRO within an average of 5 workingdays after receipt of the specimen bAhefab oratory. Before any test resu Ylt is reported (the results of initial tests, confirmatory tests, or quality control data), it shall be reviewed and the test certified as an accurate report by the responsible individual. The report shall identify the drugs/metabo' ,tested for, whether positive or negative, the specimen number assigned by the ou ty', and the drug testing laboratory specimen number. 2. The laboratory shall report as negative all specimens which are negative on the initial test or negative on the confirmatory test. Only specimens confirmed positive shall be reported positive for a specific drug. 3. The MRO may request from the laboratory and the laboratory shall quantify test results. The MRO shall report whether the test is positive or negative and may report the drug(s) for which there was a positive test, but shall not disclose the quantitation of test results to;�''�- en�The MRO may reveal the quantitation of a positive test result to C`6uj the o th��y.n Y individual, or the decisionmaker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual and arising from a verified positive drug test. 4. The laboratory may transmit results to the MRO by various electronic means (e.g., teleprinter, facsimile, or computer) in a manner designed to ensure confidentiality of -the —information. Results may not be provided verbally by telephone. The laboratory and 7ounty must ensure the security of the data transmission and limit access to any data transmission, storage, and retrieval system. Appendix F Page 2 B. Reporting Results: CONTINUE FROM PREUIOUS PAGE 001 B Reporting Results: 5. The laboratory shall send only to the MRO the original or a certified true copy of the drug testing custody and control form (copy 1), which, in the case of a report positive.for drug use, shall be signed (after the required certification block) by the individual responsible for day -today management of the drug testing laboratory or the Individual responsible for attesting to the validity of the test reports, and attached to which shall be a copy of the test report. 6. The.laboratory shall provide a monthly statistical summary of urinalysis testing of the %.unty's employees to the Drug and Alcohol Program Manager and shall not include in e- summary any personal identifying information. Initial and confirmation data shall be C / included from test results reported within'that month. Normally, this summary shall be forwarded by registered or certified mail not more than 14 calendar days after the end of the month covered by the summary. The summary shall contain the following information: a. Number of specimens received for testing; b. Number of specimens confirmed positive for: Marijuana metabolites; Cocaine metabolites; Opiates; Phencyclidine; and Amphetamines; C. Number of specimens for which a test was not performed. 7. Quarterly reports shall not include data from which it is reasonably likely that information about individuals' tests can be readily inferred. If necessary, in order to prevent the disclosure of such data, the laboratory shall not send a report until data are sufficiently aggregated to make such an inference unlikely. In any quarter in which a report is withheld for this reason, the laboratory will so inform the � in writing. 8. The laboratory shall make available copies of all analytical results foraunty drug testing programs when requested by DOT with regulatory authority over the County. 9. Unless otherwise instructed by the ounty in writing, all records pertaining to a given urine specimen shall be retained by the drug testing laboratory for a minimum of 2 years. 08/25/00 FRI 11:08 FAX 914 488 2002 D C CTY ATTORNEY D rm 037 Appendix F Page 4 G. Documentation: The drug testing laboratories shall maintain and make available for at least 2 years documentation of all aspects of the testing process. This 2 year period may be extended upon written notification byDO r or by a company for which laboratory services are being provided. The required documentation shall include personnel files on all individuals authorized to have access to specimens, chain -of -custody documents, quality assurance/quality control records, procedure manuals, all test data (including calibration curves and any calculations used in determining test results), reports, records on performance testing, performance on certification inspections, and hard copies of computer-generated data. The laboratory shall maintain documents for any specimen known to be under legal challenge for an indefinite period. H Protection. of„EmplOVee Records: 1. Employer contracts with laboratories shall require that the laboratory maintain Employee test records in confidence, as provided in DOT regulations. 2. The contracts shall provide that the laboratory shall disclose nformation related to a positive drug test of an individual to the individual, the ou ty, or the decision -maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual and arising from a certified positive drug test. 08/25/00 FRI 11:09 FAX 914 488 2002 D C CTY ATTORNEY D 12) os8 � r Appendix F Page 3 C Lona -Term Storage: Long-term frozen storage (-20 C or less) ensures that positive urine specimens will be available for any necessary retest during administrative or disciplinary proceedings. Drug testing laboratories shall retain and place in properly secured long-term frozen storage for a minimum of 1 year all specimens confirmed positive, in their original labeled specimen bottles. Within this 1 year period, an employee (or other person designated in a DOT agency regulation) may request the laboratory to.retain the specimen for an additional period of time, but if no such request is received the laboratory may discard the specimen after the end of 1 year, except that the laboratory shall be required to maintain any specimens known to be under legal challenge for an indefinite period. D Retestino Specimens: Because some substances deteriorate or are lost during freezing and/or storage, quantitation for a retest is not subject to a specific cutoff requirement but must provide data sufficient to confirm the presence of the drug or metabolite. E. Subcontracting: �7 Drug testing laboratories shall not subcontract and shall perform all work with their own personnel and equipment. The laboratory must be capable of performing testing for the five classes of drugs (marijuana, cocaine, opiates, phencyclidine, and amphetamines) using the initial immunoassay and confirmatory GC MS methods specified in this Appendix. This paragraph does not prohibit subcontracting of laboratory analysis if specimens are sent directly .from the collection site to the subcontractor, the subcontractor is a laboratory certified by DHHS as required under this Appendix, and the subcontractor is responsible to the C65Uhty for compliance with this Appendix and applicable DOT regulations as if it were the prime`��� contractor. F, Inspections: DOT, any company utilizing the laboratory, DHHS, or any organization performing laboratory certification on behalf of DHHS reserves the right to inspect the laboratory at any time punt contracts with laboratories for drug testing, as well as contracts for collection site services, shall permit the C n�ynd the DOT of jurisdiction (directly or through an agency) to conduct unannouncepections. 143