HomeMy Public PortalAbout041-2013 - Rose View - Zero Tolerance PolicyZERO TOLERANCE
DRUG AND ALCOHOL TESTING POLICY
ROSE VIEW TRANSIT
Adopted as of FEBRUARY 28, 2013
A. PURPOSE
1) The Rose View Transit System provides public transit and paratransit
services for the residents of the City of Richmond residents. Part of our mission
is to ensure that this service is delivered safely, efficiently, and effectively by
establishing a drug and alcohol -free work environment, and to ensure that the
workplace remains free from the effects of drugs and alcohol in order to promote
the health and safety of employees and the general public. In keeping with this
mission, Rose View Transit declares that the unlawful manufacture, distribution,
dispense, possession, or use of controlled substances or misuse of alcohol is
prohibited for all employees.
2) Additionally, the purpose of this policy is to establish guidelines to
maintain a drug and alcohol -free workplace in compliance with the Drug -Free
Workplace Act of 1988, and the Omnibus Transportation Employee Testing Act
of 1991. This policy is intended to comply with all applicable Federal regulations
governing workplace anti -drug and alcohol programs in the transit industry.
Specifically, the Federal Transit Administration (FTA) of the U.S. Department of
Transportation has published 49 CFR Part 655, as amended, that mandates
urine drug testing and breath alcohol testing for safety -sensitive positions, and
prohibits performance of safety -sensitive functions when there is a positive test
result. The U. S. Department of Transportation (USDOT) has also published 49
CFR Part 40, as amended, that sets standards for the collection and testing of
urine and breath specimens.
3) Any provisions set forth in this policy that are included under the sole
authority of Rose View Transit and are not provided under the authority of the
above named Federal regulations are underlined.
B. APPLICABILITY
This Drug and Alcohol Testing Policy applies to all safety -sensitive employees (full- or
part-time) when performing safety sensitive duties
A safety -sensitive function is operation of mass transit service including the operation of
a revenue service vehicle (whether or not the vehicle is in revenue service),
maintenance of a revenue service vehicle or equipment used in revenue service,
security personnel who carry firearms, dispatchers or person controlling the movement
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Contract No. 41-2013
of revenue service vehicles and any other transit employee who is required to hold a
Commercial Drivers License. Maintenance functions include the repair, overhaul, and
rebuild of engines, vehicles and/or equipment used in revenue service. A list of safety -
sensitive positions who perform one or more of the above mentioned duties is provided
in Attachment A. Supervisors are only safety sensitive if they perform one of the
above functions. Volunteers are considered safety sensitive and subject to testing if
thev are required to hold a CDL. or receive remunerated for service in excess of actual
expense.
C. DEFINITIONS
Accident: An occurrence associated with the operation of a revenue service vehicle
even when not in revenue service, if as a result:
a. An individual dies;
b. An individual suffers a bodily injury and immediately receives medical
treatment away from the scene of the accident; or,
c. One or more vehicles incur disabling damage as the result of the
occurrence and is transported away from the scene by a tow truck or other
vehicle. For purposes of this definition, disabling damage means damage
which precludes departure of any vehicle from the scene of the
occurrence in its usual manner in daylight after simple repairs. Disabling
damage includes damage to vehicles that could have been operated but
would have been further damaged if so operated, but does not include
damage which can be remedied temporarily at the scene of the
occurrence without special tools or parts, tire disablement without other
damage even if no spare tire is available, or damage to headlights,
taillights, turn signals, horn, mirrors or windshield wipers that makes them
inoperative.
Adulterated specimen: A urine specimen containing a substitute that is not a normal
constituent or containing an endogenous substance at a concentration that is not a
normal physiological concentration.
Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low
molecular weight alcohols contained in any beverage, mixture, mouthwash, candy, food,
preparation or medication.
Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of breath
as measured by an evidential breath testing device.
Aliquot: A fractional part of a specimen used for testing, It is taken as a sample
representing the whole specimen.
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Canceled Test: A drug test that has been declared invalid by a Medical Review Officer.
A canceled test is neither positive nor negative.
Confirmatory Drug Test. A second analytical procedure to identify the presence of a
specific drug or metabolite which is independent of the initial test and which uses a
different technique and chemical principle from that of the initial in order to ensure
reliability and accuracy.
Confirmatory Validity Test: A second test performed on a different aliquot of the original
urine specimen to further support a validity test result.
Covered Employee "Under FTA Authority" An employee who performs a safety -
sensitive function including an applicant or transferee who is being considered for hire
into a safety -sensitive function (See Attachment A for a list of covered employees)
Covered Employee "Under Company Authority":, An employee, applicant, or transferee
that will not perform a safety -sensitive function but falls under the policy of the
company's own authority. See Attachment A
Designated Employer Representative (DER): An employee authorized by the employer
to take immediate action to remove employees from safety -sensitive duties and to make
required decisions in testing. The DER also receives test results and other
communications for the employer, consistent with the requirements of 49 CFR Parts 40
and 655.
Department of Transportation (DOT): Department of the federal government which
includes the, Federal Transit Administration, Federal Railroad Administration, Federal
Highway Administration, Federal Motor Carriers' Safety Administration, Research and
Special Programs, and the Office of the Secretary of Transportation.
Dilute specimen: A urine specimen with creatine and specific gravity values that are
lower than expected for human urine.
Disabling damage: Damage which precludes departure of any vehicle from the scene of
the occurrence in its usual manner in daylight after simple repairs. Disabling damage
includes damage to vehicles that could have been operated but would have been
further damaged if so operated, but does not include damage which can be remedied
temporarily at the scene of the occurrence without special tools or parts, tire
disablement without other damage even if no spare tire is available, or damage to
headlights, taillights, turn signals, horn, mirrors or windshield wipers that makes them
inoperative.
Evidentiary Breath Testing Device (EBT): A Device approved by the NHTSA for the
evidential testing of breath at the 0.02 and the 0.04 alcohol concentrations. Approved
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devices are listed on the National Highway Traffic Safety Administration (NHTSA)
conforming products list.
Initial Drug Test: An immunoassay test to eliminate "negative" urine specimens from
further consideration and to identify the presumptively positive specimens that require
confirmation or further testing.
Initial Specimen Validity Test: The first test used to determine if a urine specimen is
adulterated, diluted, substituted, or invalid.
Invalid Result: The result reported by a laboratory for a urine specimen that contains an
unidentified adulterant, contains an unidentified interfering substance, has an abnormal
physical characteristic, or has an endogenous substance at an abnormal concentration
that prevents the laboratory from completing testing or obtaining a valid drug test result.
Laboratory. Any U.S. laboratory certified by HHS under the National Laboratory
Certification program as meeting standards of Sub part C of the HHS Mandatory
Guidelines for Federal Workplace Drug Testing Programs; or, in the case of foreign
laboratories, a laboratory approved for participation by DOT under this part.
Limit of Detection (LOD): The lowest concentration at which an analyte can be reliably
shown to be present under defined conditions.
Limit of Quantitation: For quantitative assays, the lowest concentration at which the
identity and concentration of the measured can be accurately established.
Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of
osteopathy) responsible for receiving laboratory results generated by the 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/her medical history, and any other relevant bio-medical information.
Negative Dilute: A drug test result which is negative for the five drug/drug metabolites
but has a specific gravity value lower than expected for human urine.
Negative result. The result reported by an HHS-certified laboratory to an MRO when a
specimen contains no drug or the concentration of the drug is less than the cutoff
concentration for the drug or drug class and the specimen is a valid specimen.
Non -negative test result. A urine specimen that is reported as adulterated, substitute,
invalid, or positive for drug/drug metabolites.
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Oxidizing Adulterant: A substance that acts alone or in combination with other
substances to oxidize drugs or drug metabolites to prevent the detection of the drug or
metabolites, or affects the reagents in either the initial or confirmatory drug test.
Performing (a safety -sensitive function): A covered employee is considered to be
performing a safety -sensitive function and includes any period in which he or she is
actually performing, ready to perform, or immediately available to perform such
functions.
Positive result: The result reported by an HHS-certified laboratory when a specimen
contains a drug or drug metabolite equal or greater to the cutoff concentrations.
Prohibited drug: Identified as marijuana, cocaine, opiates, amphetamines (including
ecstasy), or phencyclidine at levels above the minimum thresholds specified in 49 CFR
Part 40, as amended.
Reconfirmed: The result reported for a split specimen when the second laboratory is
able to corroborate the original result reported for the primary specimen.
Rejected for Testing: The result reported by an HHS-certified laboratory when no tests
are performed for a specimen because of a fatal flaw or a correctable flaw that has not
been corrected.
Revenue Service Vehicles: All transit vehicles that are used for passenger
transportation service.
Safety -sensitive functions: Employee duties identified as-
(1) The operation of a transit revenue service vehicle even when the vehicle is
not in revenue service.
(2) The operation of a non -revenue service vehicle by an employee when the
operation of such a vehicle requires the driver to hold a Commercial Drivers
License (CDL).
(3) Maintaining a revenue service vehicle or equipment used in revenue service.
(4) Controlling the movement of a revenue service vehicle and
(5) Carrying a firearm for security purposes.
Split Specimen Collection: A collection in which the urine collected is divided into two
separate bottles, the primary specimen (Bottle A) and the split specimen (Bottle B).
Substance Abuse Professional (SAP): A licensed physician (medical doctor or doctor of
osteopathy) or 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 or by the International
Certification Reciprocity Consortium/Alcohol and other Drug Abuse) with knowledge of
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and clinical experience in the diagnosis and treatment of drug and alcohol related
disorders.
Substituted specimen: A urine specimen with creatinine and specific gravity values that
are so diminished that they are not consistent with normal human urine.
Test Refusal: The following are considered a refusal to test if the employee:
(1 } Fails to appear for any test (excluding pre -employment) within a
reasonable time, as determined by the employer, after being directed to
do so by the employer
(2) Fails to remain at the testing site until the testing process is complete
(3) Fails to provide a urine or breath specimen for any drug or alcohol test
required by Part 40 or DOT agency regulations
(4) In the case of a directly observed or monitored collection in a drug test,
fails to permit the observation or monitoring of your provision of a
specimen
(5) Fails to provide a sufficient amount of urine or breath when directed, and it
has been determined, through a required medical evaluation, that there
was no adequate medical explanation for the failure
(6) Fails or declines to take a second test the employer or collector has
directed you to take
(7) Fails to undergo a medical examination or evaluation, as directed by the
MRO as part of the verification process, or as directed by the DER as part
of the `shy bladder" or "shy lung" procedures
(8) Fails to cooperate with any part of the testing process (e.g., refuse to
empty pockets when so directed by the collector, behave in a
confrontational way that disrupts the collection process)
(9) If the MRO reports that there is verified adulterated or substituted test
result
(10) Failure or refusal to sign Step 2 of the alcohol testing form
(11) Failure to follow the observer's instructions during an observed collection
including instructions to raise your clothing above the waist, lower clothing
and underpants, and to turn around to permit the observer to determine if
you have any type of prosthetic or other device that could be used to
interfere with the collection process.
(12) Possess or wear a prosthetic or other device that could be used to
interfere with the collection process
(13) Admit to the collector or MRO that you adulterated or substituted the
specimen.
Verified negative test: A drug test result reviewed by a medical review officer and
determined to have no evidence of prohibited drug use above the minimum cutoff levels
established by the Department of Health and Human Services (HHS).
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Verified positive test: A drug test result reviewed by a medical review officer and
determined to have evidence of prohibited drug use above the minimum cutoff levels
specified in 49 CFR Part 40 as revised.
Validity testing: The evaluation of the specimen to determine if it is consistent with
normal human urine. Specimen validity testing will be conducted on all urine specimens
provided for testing under DOT authority. The purpose of validity testing is to determine
whether certain adulterants or foreign substances were added to the urine, if the urine
was diluted, or if the specimen was substituted.
D. EDUCATION AND TRAINING
1) Every covered employee will receive a copy of this policy and will have
ready access to the corresponding federal regulations including 49 CFR Parts
655 and 40, as amended. In addition, all covered employees will undergo a
minimum of 60 minutes of training on the signs and symptoms of drug use
including the effects and consequences of drug use on personal health, safety,
and the work environment. The training also includes manifestations and
behavioral cues that may indicate prohibited drug use.
2) All supervisory personnel or company officials who are in a position to
determine employee fitness for duty will receive 60 minutes of reasonable
suspicion training on the physical, behavioral, and performance indicators of
probable drug use and 60 minutes of additional reasonable suspicion training on
the physical, behavioral, speech, and performance indicators of probable alcohol
misuse. Under the Rose View Transit's own authority, supervisory personnel will
also be trained on how to intervene constructively, and how to effective)
integrate an employee back into his/her work group following intervention and/or
treatment.
3) Information on the signs, symptoms, health effects, and consequences of
alcohol misuse is presented in Attachment B of this policy.
E. PROHIBITED SUBSTANCES
1) Prohibited substances addressed by this policy include the following.
a. Illegally Used Controlled Substance or Drugs Under the Drug -Free
Workplace Act of 1988 any drug or any substance identified in Schedule I
through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812),
and as further defined by 21 CFR 1300.11 through 1300.15 is prohibited
at all times in the workplace unless a legal prescription has been written
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for the substance. This includes, but is not limited to: marijuana,
amphetamines and methamphetamine's (MDA, MDMA, MDEA, Ecstasy),
opiates (codeine, heroin and morphine), phencyclidine (PCP), and
cocaine, as well as any drug not approved for medical use by the U.S.
Drug Enforcement Administration or the U.S. Food and Drug
Administration. Illegal use includes use of any illegal drug, misuse of
legally prescribed drugs, and use of illegally obtained prescription drugs.
Also, the medical use of marijuana, or the use of hemp related products,
as which cause drug or drug metabolites to be present in the body above
the minimum thresholds is a violation of this policy
Federal Transit Administration drug testing regulations (49 CFR Part 655)
require that all covered employees be tested for marijuana, cocaine,
amphetamines and methamphetamine's (MDA, MDMA, MDEA, Ecstasy),
opiates (codeine, heroin and morphine), phencyclidine (PCP), and cocaine
as described in Section H of this policy. Illegal use of these five drugs is
prohibited at all times and thus, covered employees may be tested for
these drugs anytime that they are on duty.
a. Legal Drugs: The appropriate use of legally prescribed drugs and non-
prescription medications is not prohibited. However, the use of any
substance which carries a warning label that indicates that mental
functioning, motor skills, or judgment may be adversely affected must be
reported to a Rose View Transit supervisor and the employee is required
to provide a written release from his/her doctor or pharmacist indicating
that the employee can perform his/her safety -sensitive functions.
b. Alcohol: The use of beverages containing alcohol (including any
mouthwash, medication, food, candy) or any other substances such that
alcohol is present in the body while performing safety -sensitive job
functions is prohibited. An alcohol test can be performed on a covered
employee under 49 CFR Part 655 just before, during, or just after the
performance of safety -sensitive job functions. Under Rose View Transit
authority, an alcohol test can be performed any time a covered employee
is on duty.
F. PROHIBITED CONDUCT
1) All covered employees are prohibited from reporting for duty or remaining on duty
any time there is a quantifiable presence of a prohibited drug in the body above
the minimum thresholds defined in 49 CFR PART 40, as amended.
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2) Each covered employee is prohibited from consuming alcohol while performing
safety -sensitive job functions or while on -call to perform safety -sensitive job
functions. If an on -call employee has consumed alcohol, they must acknowledge
the use of alcohol at the time that they are called to report for duty. The covered
employee will subsequently be relieved of his/her on -call responsibilities and
subject to discipline for not fulfilling his/her on -call responsibilities.
3) The Transit Department shall not permit any covered employee to perform or
continue to perform safety -sensitive functions if it has actual knowledge that the
employee is using alcohol
4) Each covered employee is prohibited from reporting to work or remaining on duty
requiring the performance of safety -sensitive functions while having an alcohol
concentration of 0.02 or greater regardless of when the alcohol was consumed.
5) No covered employee shall consume alcohol for eight (8) hours following
involvement in an accident or until he/she submits to the post -accident
drug/alcohol test, whichever occurs first.
6) No covered employee shall consume alcohol within four (4) hours prior to the
performance of safety -sensitive job functions.
7) Rose View Transit, under its own authority also prohibits the consumption of
alcohol all times employee is on duty,
8) Consistent with the Drug -free Workplace Act of 1988, all Rose View Transit
employees are prohibited from engaging in the unlawful manufacture,
distribution, dispensing, possession, or use of prohibited substances in the work
place including Transit Department premises and transit vehicles.
G. DRUG STATUTE CONVICTION
Consistent with the Drug Free Workplace Act of 1998, all employees are required to
notify the Rose View Transit management of any criminal drug statute conviction for a
violation occurring in the workplace within five days after such conviction. Failure to
comply with this provision shall result in disciplinary action as defined in Section Q.10 of
this policy.
H. TESTING REQUIREMENTS
1) Analytical urine drug testing and breath testing for alcohol will be conducted as
required by 49CFR part 40 as amended. All covered employees shall be subject
to testing prior to performing safety -sensitive duty, for reasonable suspicion,
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following an accident, and random as defined in Section K, L, M, and N of this
policy, and return to duty/follow-up.
2)
A drug test can be performed any time a covered employee is on duty. An alcohol test
can be performed just before, during, or after the performance of a safety -sensitive job
function. Under Rose View Transit_ authority, an alcohol test can be performed any
time a covered employee is on dut .
3) All covered employees will be subject to urine drug testing and breath alcohol
testing as a condition of ongoing employment with Rose View Transit. Any
safety -sensitive employee who refuses to comply with a request for testing shall
be removed from duty and subject to discipline as defined in Section Q of this
policy. Any covered employee who is suspected of providing false information in
connection with a drug test, or who is suspected of falsifying test results through
tampering, contamination, adulteration, or substitution will be required to undergo
an observed collection. Verification of the above listed actions will be considered
a test refusal and will result in the employee's removal from duty and disciplined
as defined in Section Q of this policy. Refer to Section Q for behavior that
constitutes a refusal to test.
I. DRUG TESTING PROCEDURES
1) Testing shall be conducted in a manner to assure a high degree of
accuracy and reliability and using techniques, equipment, and laboratory facilities
which have been approved by the U.S. Department of Health and Human
Service (HHS). All testing will be conducted consistent with the procedures set
forth in 49 CFR Part 40, as amended. The procedures will be performed in a
private, confidential manner and every effort will be made to protect the
employee, the integrity of the drug testing procedure, and the validity of the test
result.
2) The drugs that will be tested for include marijuana, amphetamines and
methamphetamine's (MDA, MDMA, MDEA, Ecstasy), opiates (codeine, heroin
and morphine), phencyclidine (PCP), and cocaine. After the identity of the donor
is checked using picture identification, a urine specimen will be collected using
the split specimen -collection method described in 49 CFR Part 40, as amended.
Each specimen will be accompanied by a DOT Chain of Custody and Control
Form and identified using a unique identification number that attributes the
specimen to the correct individual. The specimen analysis will be conducted at a
HHS certified laboratory. An initial drug screen and validity test will be conducted
on the primary urine specimen. For those specimens that are not negative, a
confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be
performed. The test will be considered positive if the amounts of the drug(s)
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and/or its metabolites identified by the GC/MS test are above the minimum
thresholds established in 49 CFR Part 40, as amended.
3) The test results from the HHS certified laboratory will be reported to
a Medical Review Officer. A Medical Review Officer (MRO) is a licensed
physician with detailed knowledge of substance abuse disorders and drug
testing. The MRO will review the test results to ensure the scientific
validity of the test and to determine whether there is a legitimate medical
explanation for a confirmed positive, substitute, or adulterated test result.
The MRO will attempt to contact the employee to notify the employee of
the non -negative laboratory result, and provide the employee with an
opportunity to explain the confirmed laboratory test result. The MRO will
subsequently review the employee's medical history/medical records as
appropriate to determine whether there is a legitimate medical explanation
for a non -negative laboratory result. If no legitimate medical explanation is
found, the test will be verified positive or refusal to test and reported to the
Rose View Transit System. Drug and Alcohol Program Manager (DAPM).
If a legitimate explanation is found, the MRO will report the test result as
negative to the DAPM and no further action will be taken.
4) If the test is invalid without a medical explanation, a retest will be
conducted under direct observation. Employees do not have access to a
test of their split specimen following an invalid result.
5) Any covered employee who questions the results of a required drug
test under paragraphs L through P of this policy may request that the split
sample be tested. The split sample test must be conducted at a second
HHS-certified laboratory with no affiliation with the laboratory that
analyzed the primary specimen. The test must be conducted on the split
sample that was provided by the employee at the same time as the
primary sample. The method of collecting, storing, and testing the split
sample will be consistent with the procedures set forth in 49 CFR Part 40,
as amended. The employee's request for a split sample test must be
made to the Medical Review Officer within 72 hours of notice of the
original sample verified test result. Requests after 72 hours will only be
accepted at the discretion of the MRO if the delay was due to document-
able facts that were beyond the control of the employee. Rose View
Transit will ensure that the cost for the split specimen are covered in order
for a timely analysis of the sample, however Rose View Transit will seek
reimbursement for the split sample test from the employee.
6) If the analysis of the split specimen fails to confirm the presence of
the drug(s) detected in the primary specimen, if the split specimen is not
able to be analyzed, or if the results of the split specimen are not
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scientifically adequate, the MRO will declare the original test to be
canceled. If the split specimen is not available to analyze the MRO will
direct Rose View Transit to retest the employee under direct observation.
7) The split specimen will be stored at the initial laboratory until the
analysis of the_primary specimen is completed. If the primary specimen is
negative, the split will be discarded. If the primary is positive, the split will
be retained for testing if so requested by the employee through the
Medical Review Officer. If the primary specimen is positive, it will be
retained in frozen storage for one year and the split specimen will also be
retained for one year.
8) Observed collections
a. Consistent with 49 CFR part 40, as amended, collection under
direct observation (by a person of the same gender) with no
advance notice will occur if:
i. The laboratory reports to the MRO that a specimen is invalid,
and the MRO reports to Roseview Transit that there was not
an adequate medical explanation for the result;
ii.The MRO reports to Rose View Transit that the original
positive, adulterated, or substituted test result had to be
canceled because the test of the split specimen could not be
performed;
iii. The laboratory reported to the MRO that the
specimen was negative -dilute with a creatinine concentration
greater than or equal to 2 mgldL but less than or equal to 5
mgldL, and the MRO reported the specimen to you as
negative -dilute and that a second collection must take place
under direct observation (see §40.197(b)(1)).
iv. The collector observes materials brought to the
collection site or the employee's conduct clearly indicates an
attempt to tamper with a specimen;
V. The temperature on the original specimen was out of
range;
vi. Anytime the employee is directed to provide another
specimen because the original specimen appeared to have
been tampered with.
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vii. All follow -up -tests; or
viii. All return -to -duty tests
J. ALCOHOL TESTING PROCEDURES
1) Tests for breath alcohol concentration will be conducted utilizing a
National Highway Traffic Safety Administration (NHTSA)-approved
Evidential Breath Testing device (EBT) operated by a trained Breath
Alcohol Technician (BAT). Alcohol screening tests may be performed
using a non -evidential testing device which is also approved by NHSTA. If
the initial test indicates an alcohol concentration of 0.02 or greater, a
second test will be performed to confirm the results of the initial test. The
confirmatory test must occur on an EBT. The confirmatory test will be
conducted no sooner than fifteen minutes after the completion of the initial
test. The confirmatory test will be performed using a NHTSA-approved
EBT operated by a trained BAT. The EBT will identify each test by a
unique sequential identification number. This number, time, and unit
identifier will be provided on each EBT printout. The EBT printout, along
with an approved alcohol testing form, will be used to document the test,
the subsequent results, and to attribute the test to the correct employee.
The test will be performed in a private, confidential manner as required by
49 CFR Part 40, as amended. The procedure will be followed as
prescribed to protect the employee and to maintain the integrity of the
alcohol testing procedures and validity of the test result.
2) An employee who has a confirmed alcohol concentration of 0.04 or
greater will be considered a positive alcohol test and in violation of this
policy. The consequences of a positive alcohol test are described in
Section Q.4-5 of this policy. Even though an employee who has a
confirmed alcohol concentration of 0.02 to 0.039 is not considered
positive, the employee shall still be removed from duty for at least eight
hours or for the duration of the work day whichever is longer and will be
subject to the consequences described in Section Q.9 of this policy. An
alcohol concentration of less than 0.02 will be considered a negative test.
3) The Transit Department affirms the need to protect individual dignity,
privacy, and confidentiality throughout the testing process. If at any time
the integrity of the testing procedures or the validity of the test results is
compromised, the test will be canceled. Minor inconsistencies or
procedural flaws that do not impact the test result will not result in a
canceled test.
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4) The alcohol testing form (ATF) required by 49 CFR Part 40 as amended,
shall be used for all FTA required testing. Failure of an employee to sign
step 2 of the ATF will be considered a refusal to submit to testing.
K. PRE -EMPLOYMENT TESTING
1) All applicants for covered transit positions shall undergo urine drug testing.
prior to performance of a safety -sensitive function.
b. All offers of employment for covered positions shall be extended
conditional upon the applicant passing a drug test. An applicant
shall not be placed into a safety -sensitive position unless the
applicant takes a drug test with verified negative results.
c. An employee shall not be placed, transferred or promoted into a
covered under FTA or Company authority until the employee takes
a drug test with verified negative results.
d. If an applicant fails a pre -employment drug test, the conditional
offer of employment shall be rescinded. Failure of a pre-
employment drug test will disqualify an applicant for employment
for a period of at least one year. Before being considered for future
employment the applicant must provide the employer proof of
having successfully completed a referral, evaluation and treatment
plan as described in section 655.62 of sub part G. The cost for the
assessment and any subsequent treatment will be the sole
responsibility of the applicant.
e. When an employee being placed, transferred, or promoted from a
non -covered position to a covered position submits a drug test with
a verified positive result, the employee shall be subject to
disciplinary action in accordance with Section Q herein.
f. If a pre -employment test is canceled, Rose View Transit will require
the applicant to take and pass another pre -employment drug test.
g. In instances where a covered employee is on extended leave for a
period of 90 days or more regardless of reason, and is not in the
random testing pool the employee will be required to take a drug
test under 49 CFR Part 655 and have negative test results prior to
the conduct of safety -sensitive job functions.
h. Following a negative dilute the employee will be required to
undergo another test. Should this second test result in a negative
. ... _.. --- ---
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dilute result the test will be considered a negative and no additional
testing will be required unless directed to do so by the MRO.
Applicants are required (even if ultimately not hired) to provide
Rose View Transit with signed written releases requesting FTA
drug and alcohol records from all previous, DOT covered
employers that the applicant has worked for within the last two
years. Failure to do so will result in the employment offer being
rescinded Rose View Transit is required to ask all applicants (even
if ultimately not hired) if they have tested positive or refused to test
on a pre -employment test for a DOT covered employer within the
last two years. If the applicant has tested positive or refused to test
on a pre -employment test for a DOT covered employer, the
applicant must provide Rose View Transit proof of having
successfully completed a referral, evaluation and treatment plan as
described in section 655.62 of sub part G.
L. REASONABLE SUSPICION TESTING
1) All Rose View Transit covered employees will be subject to a
reasonable suspicion drug and/or alcohol test when the employer has
reasonable suspicion to believe that the covered employee has used a
prohibited drug and/or engaged in alcohol misuse.. Reasonable suspicion
shall mean that there is objective evidence, based upon specific,
contemporaneous, articulate observations of the employee's appearance,
behavior, speech or body odor that are consistent with possible drug use
and/or alcohol misuse. Reasonable suspicion referrals must be made by
one or more supervisors who are trained to detect the signs and
symptoms of drug and alcohol use, and who reasonably concludes that an
employee may be adversely affected or impaired in his/her work
performance due to possible prohibited substance abuse or alcohol
misuse. A reasonable suspicion alcohol test can only be conducted just
before, during, or just after the performance of a safety -sensitive job
function. However, under Rose View Transit's authority, a reasonable
suspicion alcohol test may be performed any time the covered employee
is on duty. A reasonable suspicion drug test can be performed any time
the covered employee is on duty.
2) Rose View Transit shall be responsible for transporting the
employee to the testing site. Supervisors should avoid placing themselves
and/or others into a situation which might endanger the physical safet of
those present. The employee shall be placed on administrative leave
pending disciplinary action described in Section 0.4-5 and 9 of this policy.
FTA Drug and Alcohol Testing Policy Page 15
An employee who refuses an instruction to submit to a drug/alcohol test
shall not be permitted to finish his or her shift and shall immediately be
placed on administrative leave pending disciplinary action as specified in
Section Q.3 of this policy.
3) A written record of the observations which led to„ -a drug/alcohol test
based on reasonable _suspicion shall be prepared and signed by the
supervisor making the observation. This. written record shall be submitted
to Rose View Transit management.
4) When there_ are no specific, contemporaneous, articulatory
obiective facts that indicate current drug or alcohol use but the employee
who is not already a participant in a treatment program) admits the abuse
of alcohol or other substances to a supervisor in his/her chain of
command, the employee shall be referred to the SAP for an assessment.
Rose View Transit small place the employee on administrative leave in
accordance with the provisions set forth under Section Q.9 of this policy.
Testing in this circumstance would be performed under the direct authority
of the Rose View Transit_ system. Since the employee self -referred to
management.,- testing under this circumstance would not be considered a
violation of this policy or a positive test result under Federal authority.
However, self -referral does not exempt the covered employee from testing
under Federal authority _as specified in Sections L through. N of this policy
or the associated consequences as specified in„Section Q.9.
M. POST -ACCIDENT TESTING
1) All covered employees will be required to undergo urine and breath testing
if they are involved in an accident with a transit revenue service vehicle
regardless of whether or not the vehicle is in revenue service that results
in a fatality. This includes all surviving covered employees that are
operating the vehicle at the time of the accident and any other whose
performance cannot be completely discounted as a contributing factor to
the accident.
2) In addition, a post -accident test will be conducted if an accident results in
injuries requiring immediate transportation to a medical treatment facility;
or one or more vehicles incurs disabling damage, unless the operators
performance can be completely discounted as a contributing factor to the
accident.
a. As soon as practicable following an accident, as defined in this
policy, the transit supervisor investigating the accident will notify the
............................. .
FTA Drug and Alcohol Testing Policy Page 16
transit employee operating the transit vehicle and all other covered
employees whose performance could have contributed to the
accident of the need for the test. The supervisor will make the
determination using the best information available at the time of the
decision.
b. The appropriate transit supervisor shall ensure that an employee,
required to be tested under this section, is tested as soon as
practicable, but no longer than eight (8) hours of the accident for
alcohol, and within 32 hours for drugs. If an alcohol test is not
performed within two hours of the accident, the Supervisor will
document the reason(s) for the delay. If the alcohol test is not
conducted within (8) eight hours, or the drug test within 32 hours,
attempts to conduct the test must cease and the reasons for the
failure to test documented.
c. Any covered employee involved in an accident must refrain from
alcohol use for eight (8) hours following the accident, or until he/she
undergoes a post -accident alcohol test.
d. An employee who is subject to post -accident testing who fails to
remain readily available for such testing, including notifying a
supervisor of his or her location if he or she leaves the scene of the
accident prior to submission to such test, may be deemed to have
refused to submit to testing.
e. Nothing in this section shall be construed to require the delay of
necessary medical attention for the injured following an accident, or
to 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.
f. In the rare event that Rose View Transit is unable to perform an
FTA drug and alcohol test (i.e., employee is unconscious,
employee is detained by law enforcement agency), Rose View
Transit may use drug and alcohol post -accident test results
administered by local law enforcement officials in lieu of the FTA
test. The local law enforcement officials must have independent
authority for the test and the employer must obtain -the results in
conformance with local law.
N. RANDOM TESTING
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FTA Drug and Alcohol Testing Policy Page 17
1) All covered employees will be subjected to random, unannounced testing.
The selection of employees shall be made by a scientifically valid method
of randomly generating an employee identifier from the appropriate pool of
safety -sensitive employees.
2) The dates for administering unannounced testing of randomly selected
employees shall be spread reasonably throughout the calendar year, day
of the week and hours of the day.
3) The number of employees randomly selected for drug/alcohol testing
during the calendar year shall be not less than the percentage rates
established by Federal regulations for those safety -sensitive employees
subject to random testing by Federal regulations. The current random
testing rate for drugs established by FTA equals twenty-five percent of the
number of covered employees in the pool and the random testing rate for
alcohol established by FTA equals ten percent of the number of covered
employees in the pool.
4) Each covered employee shall be in a pool from which the random
selection is made. Each covered employee in the pool shall have an
equal chance of selection each time the selections are made. Employees
will remain in the pool and subject to selection, whether or not the
employee has been previously tested. There is no discretion on the part
of management in the selection.
5) Covered transit employees that fall under the Federal Transit
Administration regulations will be included in one random pool maintained
separately from the testing pool of employees that are included solely
under Rose View Transit authority.
6) Random tests can be conducted at any time during an employee's shift for
drug testing. Alcohol random tests can be performed just before, during,
or just after the performance of a safety sensitive duty. However, under
the Rose View Transit's authority, a random alcohol test may be
performed any time the covered employee is on duly. Testing can occur
during the beginning, middle, or end of an employee's shift.
7) Employees are required to proceed immediately to the collection site upon
notification of their random selection.
O. RETURN -TO -DUTY TESTING
Rose View Transit will terminate the employment of any employee that tests
positive or refuses a test as specified in section Q of this policy. However, in the
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FTA Drug and Alcohol Testing Policy Page 18
rare event an employee is reinstated with court order or other action beyond the
control of the transit system, the employee must complete the return -to -duty
process prior to the performance of safety -sensitive functions. All covered
employees who previously tested positive on a drug or alcohol test or refused a
test, must test negative for drugs, alcohol (below 0,02 for alcohol), or both and be
evaluated and released by the Substance Abuse Professional before returning to
work. For an initial positive drug test a Return -to -Duty drug test is required and
an alcohol test is allowed. For an initial positive alcohol test a Return -to -Duty
alcohol test is required and a drug test is allowed. Following the initial
assessment, the SAP will recommend a course of rehabilitation unique to the
individual. The SAP will recommend the return -to -duty test only when the
employee has successfully completed the treatment requirement and is known to
be drug and alcohol -free and there are no undo concerns for public safety.
P. FOLLOW-UP TESTING
Covered employees will be required to undergo frequent, unannounced drug
and/or alcohol testing following their return -to -duty. The follow-up testing will be
performed for a period of one to five years with a minimum of six tests to be
performed the first year. The frequency and duration of the follow-up tests
(beyond the minimums) will be determined by the SAP reflecting the SAP's
assessment of the employee's unique situation and recovery progress. Follow-
up testing should be frequent enough to deter and/or detect a relapse. Follow-up
testing is separate and in addition to the random, post -accident, reasonable
suspicion and return -to -duty testing.
Q. RESULT OF DRUG/ALCOHOL TEST
1) Any covered employee that has a verified positive drug or alcohol test will
be removed from his/her safety -sensitive position and will be terminated.
However, the covered employee will be provided the information to
contact a Substance Abuse Professional (SAP), if they so wish at no cost
to Roseview Transit.
2) Following a negative dilute the employee will _be required to undergo
another test. Should this second test result in a negative dilute result, the
test will be considered a ne ative and no additional testing will be re uired
unless directed to do so by the MRO.
3) A positive drug and/or alcohol test will also result in disciplinary action as
specified herein.
a. As soon as practicable after receiving notice of a verified
positive drug test result, a confirmed alcohol test result, or a test
FTA Drug and Alcohol Testing Policy Page 19
refusal, the Rose View Transit Drug and Alcohol Program
Manager will contact the employee's supervisor to have the
employee cease performing any safety -sensitive function.
b. The employee will be terminated. However, the covered
employee will provided the information to contact a Substance
Abuse Professional (SAP), if they so wish at no cost to
Roseview Transit.
c. Refusal to submit to a drug/alcohol test shall be considered
a positive test result and a direct act of insubordination and shall
result in termination. However, the covered employee will be
provided the information to contact a Substance Abuse
Professional (SAP), if they so wish at no cost to Roseview
Transit. A test refusal includes the following circumstances:
(1) A covered employee who consumes alcohol within eight
(8) hours following involvement in an accident without
first having submitted to post -accident drug/alcohol tests.
(2) A covered employee who leaves the scene of an
accident without a legitimate explanation prior to
submission to drug/alcohol tests.
(3) A covered employee who provides false information in
connection with a drug test.
(4) A covered employee who provides an insufficient volume
of urine specimen or breath sample without a valid
medical explanation. The medical evaluation shall take
place within 5 days of the initial test attempt
(5) A verbal or written declaration, obstructive behavior, or
physical absence resulting in the inability to conduct the
test within the specified time frame.
(6) A covered employee whose urine sample has been
verified by the MRO as substitute or adulterated.
(7) A covered employee fails to appear for any test within a
reasonable time, as determined by the employer, after
being directed to do so by the employer
(8) A covered employee fails to remain at the testing site
until the testing process is complete;
(9) A covered employee fails to provide a urine specimen for
any drug test required by Part 40 or DOT agency
regulations;
(10) A covered employee fails to permit the observation or
monitoring of a specimen collection
(11) A covered employee fails or declines to take a second
test the employer or collector has directed you to take;
(12) A covered employee fails to undergo a medical
examination or evaluation, as directed by the MRO as
FTA Drug and Alcohol Testing Policy Page 20
part of the verification process, or as directed by the DER
as part of the 'shy bladder" or "shy lung" procedures
(13) A covered employee fails to cooperate with any part of
the testing process (e.g., refuse to empty pockets when
so directed by the collector, behave in a confrontational
way that disrupts the collection process).
(14) Failure to sign Step 2 of the Alcohol Testing form
(15) Failure to follow the observer's instructions during an
observed collection including instructions to raise your
clothing above the waist, lower clothing and underpants,
and to turn around to permit the observer to determine if
you have any type of prosthetic or other device that could
be used to interfere with the collection process
(16) Possess or wear a prosthetic or other device that could
be used to interfere with the collection process.
(17) Admit to the collector or MRO that you adulterated or
substituted the specimen_
4) A verified positive ost-accident or reasonable suspicion drug and/or
alcohol (>_ 0.04) test shall result in termination.
5) An alcohol test result of >_0.02 to :5 0.039 BAC shall result in the removal of
the employee from duty for eight hours or the remainder or the work day
whichever is longer. The employee will not be allowed to return to safety. -
sensitive duty for his/her next shift until he/she submits to an alcohol test
with a result of less than 0.02 BAC. If the employee has an alcohol test
result of >_ 0.02 to <_ 0.039 two or more times within a six month period,the
employee will be removed from duty and referred to the SAP for
assessment and treatment consistent with this policy.
6) In the instance of a self -referral or a management referral disciplinary
action against the employee shall include:
a. Mandatory referral to a Substance Abuse Professional for
assessment formulation of a treatment plan, and execution of a
return to work agreement;
b. Failure to execute or remain compliant with the return -to -work
agreement shall result in termination from Rose View
Transit_ employment.
L Compliance with the return -to -work agreement means that
the employee has submitted to a drug/alcohol test
immediateIV prior to returning to work; the result of that test
is negative; in the 'ud ment of the SAP the employee is
cooperating with his/her SAP recommended treatment
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FTA Drug and Alcohol Testing Policy Page 21
program;and, the employee has agreed to periodic
unannounced follow-up testing as defined in Section P of
this policy.
c. Refusal to submit to a periodic unannounced follow-u drug/alcohol
test shall be considered a direct act of insubordination and shall
result in termination. All tests conducted as part of the return to
work agreement will be conducted under company authorit
and will be performed using non -DOT testing forms.
d. A self -referral or management referral to the SAP that was not
precipitated by a positive test result does not constitute a
violation of the Federal regulations and will not be considered
as a positive test result in relation to the discipline defined in
Section Q of this policy. —
e. Periodic unannounced follow-up drug/alcohol test conducted as a
result of a self -referral or management referral which results in a
verified positive shall be considered a positive test and result in
discipline defined in Section Q. of this policy.
f. A Voluntary_ Referral does not shield an employee from disciplinary
action or -guarantee employment with Rose View Transitl.
g. A Voluntary Referral does not shield an employee from the
,
re uirement to comply with drug and alcohol testing.
7) Failure of an employee to report within five days of a criminal drug statute
conviction for a violation occurring in the workplace shall result in
termination.
R. GRIEVANCE AND APPEAL
The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test
refusal is not subject to arbitration.
S. PROPER APPLICATION OF THE POLICY
Rose View Transit is dedicated to assuring fair and equitable application of this
substance abuse policy. Therefore, supervisors/managers .are required to use
and apply all aspects of this policy in an unbiased and impartial manner. Any
supervisor/manager who knowingly disregards the requirements of this policy, or
who is found to deliberately misuse the policy in regard to subordinates, shall be
subject to disciplinary action, up to and including termination.
FTA Drug and Alcohol Testing Policy Page 22
T. INFORMATION DISCLOSURE
1) Drug/alcohol testing records shall be maintained by the Rose View Transit
Drug and Alcohol Program Manager and, except as provided below or by
law, the results of any drug/alcohol test shall not be disclosed without
express written consent of the tested employee.
2) The employee, upon written request, is entitled to obtain copies of any
records pertaining to their use of prohibited drugs or misuse of alcohol
including any drug or alcohol testing records. Covered employees have
the right to gain access to any pertinent records such as equipment
calibration records, and records of laboratory certifications. Employees
may not have access to SAP referrals and follow-up testing plans.
3) Records of a verified positive drug/alcohol test result shall be released to
the Drug and Alcohol Program Manager, Department Supervisor and
Personnel Manager on a need to know basis.
4) Records will be released to a subsequent employer only upon receipt of a
written request from the employee.
5) Records of an employee's drug/alcohol tests shall be released to the
adjudicator in a grievance, lawsuit, or other proceeding initiated by or on
behalf of the tested individual arising from the results of the druglalcohol
test. The records will be released to the decision maker in the preceding.
The information will only be released with the binding stipulation that the
decision maker will make it available only to parties in the preceding.
Records will be released to the National Transportation Safety Board
during an accident investigation.
6) Information will be released in a criminal or civil action resulting from an
employee's performance of safety -sensitive duties, in which a court of
competent jurisdiction determines that the drug or alcohol test information
is relevant to the case and issues an order to the employer to release the
information. The employer will release the information to the decision
maker in the proceeding with a binding stipulation that it will only be
released to parties of the proceeding.
7) Records will be released to the DOT or any DOT agency with regulatory
authority over the employer or any of its employees.
8) Records will be released if requested by a Federal, state or local safety
agency with regulatory authority over Rose View Transit or the employee.
FTA Drug and Alcohol Testing Policy Page 23
9) If a party seeks a court order to release a specimen or part of a specimen
contrary to any provision of Part 40 as amended necessary legal steps to
contest the issuance of the order will be taken
10)In cases of a contractor or sub -recipient of a state department of
transportation, records will be released when requested by such agencies
that must certify compliance with the regulation to the FTA.
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FTA Drug and Alcohol Testing Policy Page 24
9) If a parry seeks a court order to release a specimen or part of a specimen
contrary to any provision of Part 40 as amended necessary legal steps to
contest the issuance of the order will be taken
10)In cases of a contractor or sub -recipient of a state department of
transportation, records will be released when requested by such agencies
that must certify compliance with the regulation to the FTA.
By;
Vicki Robinson, President
Date Febru 28 2013
ATTEST:
Monica Burns, Deputy Clerk
FTA Drug and Alcohol Testing Policy Page 25
Attachment A
Job Title Job Duties Testing Authorit
Fixed Route bus driver. Drives a medium size transit
bus on a fixed route time schedule. FTA
Paratransit Driver. Drives a paratransit van on a demand response
schedule. Safety sensitive.
Dispatcher. Dispatches paratransit demand -response
drivers to pick-up/drop-off riders. Safety sensitive.
Fleet Maintenance. Fuels, cleans, details all fixed route and demand
response transit vehicles daily. Safety sensitive.
Attachment B Contacts
Any questions regarding this policy or any other aspect of the substance abuse policy
should be directed to the following individual(s).
Rose View Transit Drug and Alcohol Program Manager
Name:Sue Roberson
Title -Human Resources Director
Address:50 North 51h Street Richmond, IN 47374
Telephone Number: 765-983-7244
Medical Review Officer
Name: Dr. Moffit
Title: Medical Review Officer
Address:603 East Washington Street, Suite 200, Indianapolis, IN 46204
Telephone Number:317-262-2200
Substance Abuse Professional
Name: Methodist Assistance Program
Title:
Address:2300 West Gilbert Street, Muncie, IN 47303
Telephone Number: 800-745-4838
HHS Certified Laboratory Primary Specimen
Name: Midwest Toxicology Services, Inc
Address: 603 East Washington Street, Suite 200, Indianapolis, IN 46204
Telephone Number:317-262-2200
HHS Certified Laboratory Split Specimen
Name:Baptist Medical
Address:11401 1-30, Little Rock, Arkansas 72209-7056
Telephone Number:501-202-7590
Attachment C
Alcohol Fact Sheet
Alcohol is a socially acceptable drug that has been consumed throughout the
world for centuries. It is considered a recreational beverage when consumed in
moderation for enjoyment and relaxation during social gatherings. However,
when consumed primarily for its physical and mood -altering effects, it is a
substance of abuse. As a depressant, it slows down physical responses and
progressively impairs mental functions.
Signs and Symptoms of Use
Dulled mental processes
Lack of coordination
Odor of alcohol on breath
Possible constricted pupils
Sleepy or stuporous condition
Slowed reaction rate
Slurred speech
(Note: Except for the odor, these are general signs and symptoms of any depressant
substance.)
❑ Health Effects
The chronic consumption of alcohol (average of three servings per day of beer [12
ounces], whiskey [1 ounce], or wine [6 ounce glass]) over time may result in the
following health hazards:
Decreased sexual functioning
Dependency (up to 10 percent of all people who drink alcohol become
physically and/or mentally dependent on alcohol and can be termed
"alcoholic")
Fatal liver diseases
Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast,
and malignant melanoma
Kidney disease
Pancreatic
Spontaneous abortion and neonatal mortality
Ulcers
Birth defects (up to 54 percent of all birth defects are alcohol related).
❑ Social Issues
Two-thirds of all homicides are committed by people who drink prior to
the crime.
Two to three percent of the driving population is legally drunk at any
one time. This rate is doubled at night and on weekends.
Two-thirds of all Americans will be involved in an alcohol -related
vehicle accident during their lifetimes.
The rate of separation and divorce in families with alcohol dependency
problems is 7 times the average.
Forty percent of family court cases are alcohol problem related.
Alcoholics are 15 times more likely to commit suicide than are other
segments of the population.
More than 60 percent of burns, 40 percent of falls, 69 percent of
boating accidents, and 76 percent of private aircraft accidents are
alcohol related.
❑ The Annual Toll
24,000 people will die on the highway due to the legally impaired
driver.
12,000 more will die on the highway due to the alcohol -affected driver.
15,800 will die in non -highway accidents.
30,000 will die due to alcohol -caused liver disease.
10,000 will die due to alcohol -induced brain disease or suicide.
Up to another 125,000 will die due to alcohol -related conditions or
accidents.
❑ Workplace Issues
It takes one hour for the average person (150 pounds) to process one
serving of an alcoholic beverage from the body.
Impairment in coordination and judgment can be objectively measured
with as little as two drinks in the body.
A person who is legally intoxicated is 6 times more likely to have an
accident than a sober person.
Attachment D
Minimum Thresholds
INITIAL TEST CUTOFF LEVELS
(nglml)
Marijuana metabolites 50
Cocaine metabolites 150
Opiate metabolites 2,000
6-Acetylmorphine 10
Phencyclidine 25
Amphetamines 500
CONFIRMATORY TEST
CUT/OFF LEVELS (nglml)
Marijuana metabolites 15
Cocaine metabolites
Benzoylecgonine 100
Opiates:
Morphine 2,000
Codeine 2,000
6-Acetylmorphine
10
Phencyclidine
25
Amphetamines:
Amphetamines
250
Methamphetamine
250
MDMA
250
M DA
250
MDEA
250