Okaloosa County BOCC — 2013 meeting #1141 (date undetermined) — Disaster Transportation Services - School Bus Lease — reading text

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 wil! 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. 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 testing shall be made by a supervisor or district official. who is trained in such observations as provided herein. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the employee. With respect to alcohol testing, the observations required under this section must be made during, just preceding, or just after the period of the work day the employee is required to be.in compliance with this policy. An employee may be required to undergo reasonable suspicion alcohol! testing while the ~ 12 co (5) employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. The district shall make all reasonable effort to aaminister an alcoho! test under this section within two (2)hours following the determination of reasonable suspicion, and in no event will an alcohol test under this section be conducted beyond eight (8) hours of the determination of reasonable suspicion. If the alcohol test under this section is not administered within two (2) hours of the above determination, a record stating why the alcohol test was not administered within this time frame will be prepared and maintained. With respect to controlled substances reasonable suspicion testing, a written record shall be made of the observations leading to the test (signed by the supervisor or district official who made the observations) within 24 hours of the observed behavior or before the results of the controlled substance test are released, whichever iS earlier. Random Testing. Covered employees shall also be subject to random alcohol testing to the extent that a minimum of 25 percent of the average number of employee positions covered by this policy will be tested on an annual basis. The minimum annual percentage rate for random controlled substance testing shall be 50 percent of the average number of employee positions covered by this policy. A covered employee shall only be tested for alcohol while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. The selection of employees for random alcohol and controlled substance testing shall be made by a scientifically valid method, such as a random number table of a computer-based random number generator that is matched with. employees’ social security numbers, payroll identification numbers, or other comparable identifying numbers. Under the selection process used, each employee shall have an equal chance of being tested each time selections are made. The test conducted under this provision will be unannounced, provided the dates for administering random alcohol and controlled substance tests will be spread reasonably throughout the calendar year. Return-to-Duty Testing. Any covered employee who has engaged in conduct prohibited by Section G of this policy, and who has not been terminated from employment as provided herein, shall, before returning to duty requiring the performance of safety-sensitive function, undergo a return-to-duty controlled substance or alcohol test. With respect to a return-to-duty controlled ~ 13 substance test, the result must indicate a verified negative result for controlled substance use. Follow-up Testing. If the district determines an employee covered by this policy who has engaged in conduct prohibited by Section G, herein, should not be terminated, the employee, after being evaluated by a substance abuse professional, may be granted a one-time Leave of Absence Without Pay and be required to enroll in and successfully complete a drug and/or alcoho! rehabilitation program at his or her own expense as a condition of returning to work. Should the district elect such an option and should the employee successfully complete a rehabilitation program ,the employee, Upon returning to work, (if a position is available), shall initially be subject to return-to-duty testing as provided above, and thereafter shall be subject to unannounced follow-up alcohol and/or controlled substance testing as -directed by the substance abuse professional herein, provided, at least six (6) tests shall be conducted within the first 12 months following the employee's return to duty. Before being allowed to return to work, the employee shall be evaluated by a substance abuse professional to determine whether the employee has properly adhered to and completed any rehabilitation program. The cost of evaluations by the substance abuse professional shall be borne by the employee. Follow-up testing may be continued for a period of up to 60 months from the date the employee returns to duty, but the employee shall not bear the cost of evaluation for more than ten (10) tests. Follow-up alcohol testing shall be conducted only when the driver is to perform safety-sensitive functions, or just after the employee has ceased performing safety-sensitive functions. (I) Penalties for an Employee's Positive Confirmed Test Results (1) (2) The School Board of Okaloosa County reserves the right to either discharge or otherwise discipline any employee covered under this policy who submits confirmed positive drug or alcohol test results. Further, the School Board of Okaloosa County reserves the right not to employ any applicant covered under this policy who submits confirmed positive drug or alcohol test results. In addition, employees found to have engaged in conduct in violation of Section G. of this policy, will be removed immediately from the performance of all safety-sensitive functions, and will in no event be allowed to resume the performance of a safety-sensitive function unless and/or until the employee has successfully undergone return-to-duty testing as provided herein. The threshold for positive alcohol test results shall be 0.02. This threshold may be considered Just Cause for dismissal. Ramifications of positive test ~ 14 results shall follow Board policy. If an employee's confirmed alcohol test result indicates an alcohol content of 0.02 or greater, the employee will not be allowed to perform safety-sensitive functions until the start of the employee's next regularly scheduled duty period, but not less than 24 hours following administration of the test. The employee will be placed on Unpaid Personal Leave until the employee is deemed to be qualified to return to duty as provided herein. (J) | Specimen Collection and Laboratory Procedures (1) The School District of Okaloosa County is committed to following strict specimen collection and laboratory testing procedures to ensure the quality, integrity and. authenticity of the specimen. Drug and alcohol testing procedures will be conducted in accordance with the procedures set forth in 49 CFR Part 40, and promulgated by the Federal Department of Transportation (DOT). Employees and job applicants covered under this policy have a right to consult a Medical Review Officer (MRO) for technical information regarding prescription and non-prescription medication. Further, employees and job applicants will be allowed to confidentially report the use of prescription or non-prescription medications to a Medical Review Officer beforé and/or after being tested, on forms to be provided. The district will utilize a laboratory approved and certified by the Department of Health and Human Services. The specimen collection procedures will ensure the following: (a) No tampering or contamination of the specimen takes place; (b) Strict chain-of-custody documentation is maintained on all who handle the specimen; . (c) No unauthorized access to the specimen is possible; (d) The specimen is handled in a secure manner;.and, © (e) The specimen belongs to the individual whose identifying information is on the specimen label. The laboratory shall use the "split-sample" method of specimen collection. Collection site security and specimen collection are unequivocally the responsibility of the collection site, the laboratory and their personnel. The district assumes no responsibility for specimen collection or transmittal errors ~ 15 C ‘\ C) mo incurred by either the collection site, the laboratory or their respective staffs. The district will pay the cost of initial and confirmation drug and alcohol testing required from employees and applicants covered under this policy. However, all cost of additional, non-required testing and testing incurred during a rehabilitation period or program, including all follow-up testing, shall be borne by the employee. . Common Medications Which May Alter or Affect a Drug or Alcohol Test The following list includes the most common medications, by brand name or common name, as well as by chemical name, which may alter or affect a drug test. (1) Alcohol: All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcoho! content. As example, Vick's Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contac Severe Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9% (54 proof). (2) Amphetamines: Obetrol, Biphetamine, Desocyn, Dexedrine, Didrex. (3) | Cocaine: Cocaine HCI topical solution (Roxanne). (4) Phencyclidine: Not legal by prescription. (5) Methaqualone: Not legal by prescription. (6) THC: Not legal by prescription (7) Opiates: Paragoric, Parepetolin, Donnagel, PC,