Okaloosa County BOCC — August 18, 2015 — Exhibit B - Proposal — reading text

the employee assists in resolution of the accident or receives medical attention following the accident. Per Maruti policy , these requireme nts of this section apply to all Ma ru ti emp loyees involved in an accident while on duty. Ra ndom Testing Pursuant to FTA regulations , all Maruti employees in safety-sensitive positions will be tested for drugs and alcohol on a random basis . Random test dates are unannounced and each covered employee who is notified of their selection for random drug or alcohol testing must proceed to the test site immediately. If the employee is perform ing a safety -sensitive function at the time of notification , Maruti shall ensure Page 8 of 16 that the employee ceases performing the safety-sensitive function and proceeds to the testing site as soon as possible. Random testing is fair and equitable. Each covered employee has an equal chance of being tested each time selections are made. Individuals will be selected by a scientifically valid method. Maruti utilizes an outside and independent lab testing facility, Concentra Care, to draw names from the employee roster randomly on a monthly basis. Testing will be without notice and conducted monthly throughout the year. FTA determines the random testing rate for employees who are subject to FTA's drug and alcohol regulations. Employers such as Maruti are required to conduct random drug tests at the current minimum annual percentage of the total number of its safety-sensitive employees for prohibited drugs and for the misuse of alcohol as set on an annual basis by the FTA Administrator and published in the Federal Register. Return-to-Duty Testing Before an employee may return to duty to perform a safety-sensitive function following a confirmed positive drug or alcohol test, he or she must be evaluated by a substance abuse professional (SAP) as defined by FTA regulations and the employee must take a return-to-duty test. An employee who returns to duty after meeting these requirements will be subject to unannounced follow-up testing for drugs and/or alcotiol at least six (6) times during the first 12 months following return to duty. The employee may be subject to follow-up testing as deemed necessary by a substance abuse professiona l. Follow-up testin g wi ll not exceed sixty (60) months from return to a safety- sensitive position. Section 10 - Alcohol Testing In testing for the presence of alcohol pursuant FTA regulations, Maruti shall utilize testing procedures in accordance with 49 C.F.R. Part 40: Procedures for T ransportation Workplace Drug and Alcohol Testing Programs (as amended through 8-1 -2008). As discussed in Section 6 of this policy when testing is done pursuant to Florida 's Workers ' Compensation Drug Free Workplace Program or this policy, testing shall be done in accordance with Florida Statutes §440.102 . The employee will be permitted to co nfidential ly report to the medical review offi cer, as defined by Florida Statute §440.102 , the use of prescription or nonprescription med ications both before and after being tested . Alcohol testing will be performed by breath testing only. Alcohol testing for ;;afety- sensitive employees is only permissible just before an employee performs safety- sensitive duties , during that performance, and just after an employee has performed safety-sensitive duties. No safety-sensitive employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions with an alcohol concentration of 0.04 or greater. Pursuant to this policy, any employee with a breath alcohol concentration of 0.02 up to 0.039 will be removed from his or her safety-sensitive position for a period of time not less than eight (8) hours. Any employee with breath alcohol concentration of 0.04 or higher will immediately be terminated. There are federally mandated cut-off limits for the minimum quantity of alcohol that Page 9 of 16 must be detected in the initial t est. Pursuant to 49 C,F,R. Part 40, the limit for the initial test is breath alcohol concentration greater than ,02 , In the event that the results of the confirmatory test and the initia l test are not identical, the confirmatory test is deemed to be the final result on wh ich any action by Maruti is taken, Section 11 - Drug Testing All testing procedures shall be completed in accordance with 49 C,F.R. Part 40: Procedures for Transportation Workplace Drug and Alcohol Testing Programs (as amended through 8-1-2008). As disc ussed in Section 6 of th is policy when testing is done pursuant to the Florida 's Workers ' Compensation Drug Free Wo rkpla ce Program or this policy , testing shall be done in accordance with Flo rida Statutes §440,102. The employee will be permitted to confidentially report to the medical rev iew officer, as defined by Florida Statute §440.102 , the use of prescription or nonprescription medicatio ns both before and after be ing tested. In testing for the presence of drugs, the spl it sample method of collection will be used. If the test result is positive, the employee may request (within 72 hours of being notified by the medical review officer) that the medical review officer as defined by Florida Statute §440.102 have the second specimen tested by a different U.S. Department of Health and Human Services Certified Laboratory. If the result of the test of t he second spec imen fails t o reconfirm the presence of dru gs or drug metabolites found in t he primary specimen , the t est results will be invalidated . Purs uant to 49 C.F.R. §40.87 , the fede rally mandated cut -off lim its for the mi nimum quantity of the drugs tested fo r initial tests are as follows: marijuana metabolites 50 ng/ml cocaine metabolites 150 ng/ml opiate metabolites 2000 ng/ml (including morphine and codeine) phencyclidine 25 ng/ml amphetamines 500 ng/ml MDMA 500 ng/ml The cutoff limits for the confirmatory tests are as follows : marijuana metabolites 15 ng/ml cocaine metabolites 100 ng/ml opiate metabolites 2000 ng/ml (including morphine and codeine) phencyclidine 25 ng/ml amphetamines 250 ng/ml MDMA 250 ng /ml (for methamphetamine the specimen must also contain amphetamine at a concentration of greater than or equal to 250 ng/ml) Page 10 of 16 Section 12 - Testing Methods, Records , Specimen Storage, and Consultation with the Medical Review Officer 1. In testing for the presence of drugs, Maruti will utilize an initial screening procedure such as enzyme multiplied immunoassay technique (EMIT). Testing will be done by the use of urine samples . Split samples will be used. All specimen collection and testing procedures shall be in accordance with FTA requirements set forth in 49 C.F.R. Part 40. If the initial screening test is positive, a confirmation test such as the GAS Chromatography/Mass spectrometry (GS/MS) test for drugs will be used. 2. In testing for alcohol pursuant to FTA regulations , breath testing shall be conducted by using an evidential breath testing (EBT) device in accordance with FT A regulations , 49 C.F.R. Part 40. 3. Pursuant to Florida's Wo rkers' Compensation testing requirements , the employee will be perm itted to confidentially report to the medica l rev iew officer both before an d after the test the use of prescription or nonprescription medications, which may alter or affect a drug test. A list of these non prescriptio n and prescription medications will be ma intained by the Drug and Alcohol Program Admin istrator. The employee also has the right to consult with the medica l review officer for techn ical information regarding the effects of prescription or nonprescription medications on drug testing . 4. The med ica l review officer for this policy is Seth Portnoy , M.O. of National Diagnostics, Inc. or his designees or s uccessors. Dr. Portnoy and his designees or successo rs are licensed physicians with doctor of medicine deg rees who are experienced with drug and alcohol abuse disorders and Boa rd certified in substance abuse and toxicology. 5. The laboratory will report t he test res ults to the medical review officer within an average of five (5) days after receipt of the specimen by the laboratory. Before any test result is reported , it will be reviewed and the test certified as an accu rate report by the responsible individual. The report shall identify the drug/metabolites tested for, whether positive or negative, the specimen number assigned by the employer and the drug testing laboratory accession number, The laboratory shall report as negative all specimens that are negative on the initial test or negative on the confirmatory test. Only specimens confirmed as positive shall be reported for a specific drug. 6. If the medical review officer informs Maruti that a negative drug test sample was diluted, Maruti shall require the subject employee to take another test immediately. This test is a non-observed test and the results of that test are the results of record . 7. Reports , records, documentation , and storage of specimens by the laboratory shall be governed by FTA regulation , 49 C.F.R. Part 40. Section 13 - Consequences of Positive Results If ve rified test results substantiate the use of drugs or alcohol in violation of this policy and FTA reg ulations, the employee shall be immediately removed from his or her job duties and shall forfeit elig ibility for Worke rs' Compensation medical and indemnity benefits (as applicable). Each employee who tests positive on any test for drugs or alco hol in accorda nce with FTA regu lations and Maruti policy shall be evaluated by a substance abuse profess iona l ("SA P") who sha ll determine what, assistance the employee needs in resolving pro blems assoc iated with prohibited drugs or alcohol misuse. Maruti w ill prov ide the names of Page 11 of 16 employee assistance programs and loca l drug and alcohol rehabilitation programs . For testing pursuant to the Florida Workers Compensation Drug Free Wo rkplace statute, within five (5) working days after receipt of positive confirmed test results from the med ical review officer, the employer shall inform the employee in writing of such positive test results , the consequences of such results , and the options available to the employee . Section 14 - Challenges to Workers ' Compensation Test Results An employee who is tested pursuant to the Florida Wo rkers ' Compensation drug testing statute may contest the test resu lt for a drug test pursuant to §440.102(3)(a)(8) , Florida Statutes. W ithin five (5) calendar days after receiving notice of a positive confirmed test result, the employee may submit information to the medical rev iew officer concerning a legitimate explanation for the confirmed positive test. If the explanation is unsatisfactory to the medical review officer, the medical rev iew officer shall report a positive test result back to Maruti. Section 15 - Confidentiality Except as provided below, information concern ing drug test res ults will be kept confidential. Information on drug and alcohol test results may be released in a criminal proceeding. These proceedings also in clude a criminal or civil action resulting f rom an emp loyee 's performance of safet y-sensitive duties, in which a court of competent jurisdiction determ ines that the drug or alcohol test information sought is relevant to the case and issues an order directing the employer to produce the information. No