Fort Walton Beach Council agenda — 11-28-2006 ‎(regular)‎ — reading text

contract to the employer, who has knowledge of substance abuse disorders, laboratory testing procedures, and chain- of-custody collection procedures, who verifies positive, confirmed test results, and who has the necessary medical training to interpret and evaluate an employee' s confirmed positive test results in relation to the employee' s medical history and any other relevant bio- medical information. 22) " Nonprescription Medication" means a medication that is authorized pursuant to state or federal law for general distribution and use without a prescription in the treatment of human disease, ailments or injuries. 23) " Prescription Medication" means a drug or medication obtained pursuant to a prescription. 24) " Reasonable Suspicion" means an articulable belief an employee possesses or uses drugs or alcohol in the workplace, is intoxicated or impaired by drugs or alcohol, based on specific and particularized facts and reasonable inferences drawn from those facts in light of experience. 25) " Refuse to Submit" to a drug or alcohol test means an employee: 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 as provided in this policy; b) fails to provi,de adequate urine for controlled substances testing without a valid medical explanation after he or she has' received notice of the requirement for urine testing as provided in this policy; c) engages in conduct that clearly obstructs the testing process. 26) " Safety Sensitive Function" means any of the on- duty functions set forth in 49 CFR Section 395. 2, Paragraphs ( 1) through ( 7). . 27) " Screening Test/Initial Test" in alcohol testing means an analytical procedure to determine whether an employee 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. 28) " Specimen" means a blood or urine sample of the human body capable of f revealing the presence of alcohol or drugs or their metabolites. 9  29) " Threshold Detection level" means the level at which the presence of a drug or alcohol reasonably can be expected to be detected by an initial and a confirmation test performed by a laboratory that meets the standards established herein. The threshold detection level indicates the level at which a valued conclusion can be drawn that the drug or alcohol is present in the employee' sample. ' s F) Notice of Implementation of the School District of Okaloosa County Drug and Alcohol Testing Policy. 1) The implementation of the Drug and Alcohol Testing Policy, contained within the confines of this document, constitutes general notice to all covered employees of the School Distsrict of Okaloosa County that each covered employee is required, as condition of employment or continued employment, to fully comply with the provisions of the Drug and Alcohol Testing Policy, and to fully cooperate with the implementation and enforcement ofthe policy, including execution of the necessary authorization forms. All covered employees shall receive a copy of and be asked to read the drug and alcohol testing policy, and will be asked to sign a statement indicating their understanding of the policy. 2) The implementation of this policy further constitutes general notice that all covered employees of the School District of Okaloosa County may be required to submit to drug and alcohol testing, as provided herein, without further notice, at any time after January 1, 1995. 3) A copy of this policy is posted on the bulletin board where all official notices are posted, and additional copies will be made available on request. G) Prohibited Conduct 1) Controlled Substance or Drugs. No covered employee shall report for duty orremain on duty requiring the performance of sa'fety- sensitive functions when the employee uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee' s ability to safely operate a commercial motor vehicle. No covered employee shall report for duty, remain on duty or perform a safety-sensitive function, if the employee tests positive for controlled substances. 2) Alcohol. No covered employee shall report for duty or remain on duty requiring the performance of safety- sensitive functions while having an alcohol concentration of 0. 02 or greater. No covered employee shall use 10 q alcohol while performing safety- sensitive functions. No covered employee shall perform safety- sensitive functions within four ( 4) hours after using alcohol. No covered employee shall be on duty or operate a commercial motor vehicle while the employee possesses alcohol. No covered employee required to take a post- accident alcohol test shall use alcohol for eight ( 8) hours following the accident, or until he or she undergoes a post- accident alcohol test, whichever occurs first. 3) Refusal to Submit to a Drug or Alcohol Test. No covered employee shall refuse to submit to a controlled substance or alcohol test required under this policy. Any covered employee Who does not remain readily available for testing under this policy will be deemed to have refused to submit to testing. H) Types of Testing The School DistrictofOkaloosa County will conduct Job Applicant Drug and Alcohol Testing and Current Employee Drug and Alcohol Testing. 1) Job Applicant Testing. All applicants for positions covered by this policy, including all employees seeking a transfer to positions covered by this policy, shall undergo testing for alcohol and controlled substances, prior to the first time the employee performs safety- sensitive functions for the employer. No applicant or employee seeking transfer will be allowed to perform safety- sensitive functions until the individual has been administered an alcohol test with a result indicating an alcohol concentration less than 0. 02, and has received a controlled substance test result from the Medical Review Officer indicating a negative test result. An employee requesting a transfer into a safety- sensitive position that has a confirmed positive drug test or alcohol test result of 0. 02 or greater shall not be eligible for transfer. All job applicants' prospects of employment with the School District of Okaloosa County will be conditioned upon their being qualified for work. Any job applicant who tests positive for controlled substances or alcohol will not be considered qualified for employment with the School District of Okaloosa County. 2) Post-Accident Testing. As soonpracticable following-' an accident as involving a commercial motor vehicle, each surviving driver shall be tested for alcohol and controlled substances if the accident involves the loss of human life; or as soon as practicable following an accident involving a commercial motor vehicle, a driver shall be tested if the driver receives a citation under state or local law for a moving traffic violation arising from the 11  accident, and either a person is treated away from the scene for injuries or one of the vehicles involved must be towed from the scene of the accident. With respect to alcohol testing, the district will make every effort to conduct the test within two ( 2) hours following the accident, and in no event will the test be administered beyond eight ( 8) hours following the accident. If the alcohol test is not administered within two ( 2) hours following the accident, the district will prepare and maintain a record stating the reason( s) the test could not be administered within two ( 2) hours. With respect to controlled substance testing, the test will be administered within 32 hours following the accident. If the test cannot be administered within 32 hours, the district shall prepare and maintain a record stating the reason( s) the test could not be administered within this time frame. Drivers who are subject to post- accident testing shall remain readily available for such testing. If they do not remain available for such testing, they will be deemed to have refused to submit for testing, as provided herein. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver 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. 3) Reasonable Suspicion Testing. All covered employees shall be required to submit to a controlled substance or alcohol test when the employer has reasonable suspicion to believe the employee has violated the provisions of Section G - Prohibited Conduct herein. The employer' s determination that reasonable suspicion exists must be based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. The observations may include indications of the chronic and withdrawal effects of controlled substances. The required observations for alcohol and/ or controlled substances reasonable suspicion