HomeMy WebLinkAboutMINUTES - 12171996 - C123 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 17, 1996, by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Canciamilla, Smith
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Alcohol and Drug Testing Policy'and)
Program for County Employees who)
Operate Commercial Motor Vehicles) Resolution No. 96/559
BE IT RESOLVED THAT the Contra Costa County Board of Supervisors in its capacity as
Governing Board of the County of Contra Costa, and all districts of which it is the ex-officio
Governing Board, AMENDS Resolution No. 95/630 to substitute Attachments A, B and C
hereto and to substitute the word 'more' for the word 'less' in Section 3.3 Post Accident
Testing: and ADOPTS the attached Contra Costa County Alcohol and Drug Testing Policy
and Program for Commercial Vehicle Drivers.
1 Per&y o9foy that Ne k a true and oafect0op�r of
an action taken and((��entered
�fon the minubs lys:
Board of SuPervorn
PHIL BATCHELOR.Cierk of the board
of supervisors and Cour► AdminlWata
Orig. Dept: Human Resources (Kathy Ito, 335-1785)
cc: Labor Relations
CCCEA, Local No. One
Deputy Sheriffs' Association
County Administrator
County Counsel
Affected Departments
5
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ATTACHMENT A
ALCOHOL AND DRUG TESTING REQUIREMENTS
DESIGNATED POSITIONS
The following positions and such others as may be designated by the Director of Human
Resources are subject to alcohol and drug testing as required by federal law:
DOT CODE Local 1
0061 Airport Operations Specialist(9BVB)
9554 Community Services Bus Driver(9554)
6182 Equipment Operator II (PSTA)
6181 Equipment Operator I (PSVA)
0103 Equipment Mechanic(PMWB)
0153 Laborer(PSWB)with Commercial Drivers°License
0062 Lead Airport Ops. Specialist(9BTA)
0210 Road Maintenance Carpenter Appr. (PSWD)
0211 Road Maintenance Carpenter(PSWA)
3191 Sr.Veg. Mgmt. Technician(PSTD)
0231 Specialty Crew Leader(PSTC)
0236 Storeroom Clerk(91WC)
2632 Weights&Measures Inspector 11 (BMVA)
2633 Weights&Measures Inspector III (BWTB)
DSA
0078 Deputy Sheriff(6XWA)
Management
1242 Fleet Service Center Supv.(PMHC)
0450 Public Works Mtce. Supt.(PSGA)with Commercial
Drivers'License
0201 Public Works Mtce. Supv.(PSHB)with Commercial
Drivers'License
2634 Supv.Weights&Measures Insp.(BWHA)
Department Codes
33 Agriculture 54 Health Services
59 Community Services 65 Public Works
66 General Services 25 Sheriff-Coroner
Resolution No. 95/630
December 12, 1996 Page 6
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ATTACHMENT B
ALCOHOL AND DRUG TESTING REQUIREMENTS
CONTROLLED SUBSTANCES
Any of the illicit,over-the-counter,or professionally prescribed psycho-active drugs,including but
not limited to the drugs listed below, are controlled substances:
Amphetamines
Cannabinoids
Cocaine
Ethanol
Opiates
Phencyclidine
Resolution No. 95/630
December 12, 1996 Page 7
r y
ATTACHMENT C
ACKNOWLEDGEMENT/RECEIPT FORM
Federal Highway Administration/Commercial Drivers
I hereby acknowledge that I have received a copy of the County's Alcohol"and Drug Testing Policy
concerning alcohol and drug testing as required by the Federal Highway Administration(FHWA),49 CFR
Part 382.
Employee Signature
Date
Witness
Resolution No. 95/630
December 12, 1996 Page 8
d. The number of drivers subject to random drug and alcohol tests will be evaluated
after the second year of the program and this number may be adjusted based on the number of
violations.
e. To assure that the selection process is random, all drivers will be placed in a
common pool.
f. Drivers who are randomly selected for testing will be notified at the time of the test,
and they will remain in the common pool after testing.
3.3 Post-Accident Testing
Every driver of a County commercial motor vehicle which is involved in an accident shall
report for and receive alcohol and drug testing within two hours of the accident if able,and otherwise at
the earliest possible time,not more than 8 hours as to alcohol and 32 hours as to drugs,when:
a. The accident involved the loss of a human life;or
b. The driver received a citation for a moving traffic violation arising from the accident;
or
C. Any person suffered an injury requiring immediate treatment away from the scene
of the accident,or
d. The accident resulted in disabling damage to any vehicle requiring it to be towed
from the scene.
3.4 Reasonable Suspicion Testing
a. Every driver shall be required to submit to an alcohol test within two hours at the
direction of the driver's trained supervisor, when the supervisor has reasonable suspicion, based on
specific, contemporaneous, articulable observations concerning the driver's appearance, behavior,
speech, or body odors, made during,just preceding, or just after the work period, to believe that the
driver has violated the prohibitions expressed in Part 2 above concerning alcohol.
b. Every driver shall be required to submit to a drug test within two hours at the
direction of the drivers' trained supervisor, when the supervisor has reasonable suspicion, based on
specific, contemporaneous, articulable observations concerning the driver's appearance, behavior,
speech,or body odors,to believe that the driver has violated the prohibitions expressed in Part 2 above
concerning drugs. The observations may include indications of the chronic and withdrawal effects of
drugs.
C. Within 24 hours after observation of a reasonable cause event, the observing
supervisor will document in writing a description of the behavior or performance indicators leading to the
test.
3.5 Retum-to-Duty Testing
a. Before a driver may return to duty after engaging in conduct prohibited by Part 2
above concerning alcohol,the driver must undergo a return-to-duty alcohol test with a result indicating
an alcohol concentration of less than 0.02.
b. . Before a driver may return to duty after engaging in conduct prohibited by Part 2
above concerning drugs, the driver must undergo a return-to-duty drug test with a result indicating a
verified negative result for drug use.
Resolution No. 95/630
December 12, 1996 Page 3
CONTRA COSTA COUNTY
Alcohol and Drug Testing Policy and Program
for Commercial Vehicle Drivers
December 12, 1996
TABLE OF CONTENTS
SECTIONS PAGE
ALCOHOL AND DRUG TESTING POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 8
II INTENT AND PURPOSE OF POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
III DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - 12
IV COVERED CLASSIFICATIONS AND POSITIONS . . . . . . . . . . . . . . . . . . . . . . 13
V PROHIBITED BEHAVIOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 - 15
VI TESTING PROCEDURES AND LABORATORY ANALYSIS . . . . . . . . . . . . 16 - 18
VII TYPES OF TESTS REQUIRED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 - 21
VIII TRAINING . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
IX RECORD KEEPING AND CONFIDENTIALITY . . . . . . . . . . . . . . . . . . . . . . . . . 23
X CONSEQUENCES OF NON-COMPLIANCE/DISCIPLINE . . . . . . . . . . . . . . 24 - 28
XI REHABILITATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 - 30
XII PAYROLL ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
XIII RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 - 33
XIV SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
XV COUNTY CONTACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
XVI REVISIONS TO THE POLICY AND PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . 36
ATTACHMENTS
A SAMPLING CRITERIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
B REASONABLE SUSPICION DOCUMENTATION . . . . . . . . . . . . . . . . . . . . 38 - 40
C ACKNOWLEDGMENT/RECEIPT FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
D CONTRA COSTA COUNTY REHABILITATION AND RETURN
TO WORK AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 - 44
APPENDIX
1 SHERIFF'S DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
SECTION
ALCOHOL AND DRUG TESTING POLICY
December 12, 1996
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Order on December 19, 1995, by the following vote:
AYES:
NOES.:
ABSENT:
ABSTAIN:
SUBJECT: Alcohol and Drug Testing )
Policy for County Employees ) Resolution No. 95/630
Who Operate Commercial Motor )
Vehicles )
The following rules are adopted to implement for Contra Costa County`and all districts governed
by the Board of Supervisors the requirements of the Omnibus Transportation Employee Testing Act of
1991 and the rules of the Department of Transportation promulgated in 49 CFR Parts 382 et seq.
1. POSITIONS COVERED AND DEFINITIONS
1.1 The Directorof Human Resources shall designate positions that are subject to alcohol
and drug testing as required by Federal law (See Attachment A). Employees in these positions are
hereafter referred to as"drivers."
1.2 As to drivers,the words"duty,""driving duty,""driving assignment,"and"operating a
commercial motor vehicle"include, but are not limited to:
1) All time on duty waiting to be dispatched.
2) All time inspecting,servicing,or conditioning any commercial motor vehicle.
3) All time spent at the driving controls of a commercial motor vehicle.
4) All time other than driving time,spent in a commercial motor vehicle.
5) All time spent loading or unloading; attending, supervising or assisting in
loading or unloading; or remaining in readiness to operate a commercial
motor vehicle, or in giving or receiving receipts for shipments loaded or
unloaded from a commercial motor vehicle.
6) All time spent repairing,obtaining assistance for or remaining in attendance
upon a disabled motor vehicle.
1.3 "Commercial Motor Vehicle"means:
1) a vehicle with a gross combination weight of at least 26,001 pounds inclusive
of a towed unit with a gross vehicle weight rating of more than 10,000
pounds;
2) a vehicle with a gross vehicle weight of at least 26,001 pounds;
3) a vehicle designed to transport 16 or more passengers, including the driver,
or
4) a vehicle used to transport those hazardous materials found in the
Hazardous Materials Transportation Act.
2. PROHIBITIONS
2.1 No driver shall report for a driving assignment or remain on duty having a breath
alcohol concentration of 0.02 or greater.
Resolution No. 95/630
December 12, 1996 Page 1
2.2 No driver shall report for duty or remain on duty while the driver is under the
influence of or impaired by alcohol, as shown by the behavioral, speech,or performance indicators of
alcohol misuse.
2.3 No driver shall be on duty or operate a commercial motor vehicle while the driver
possesses alcohol.
2.4 No driver shall use alcohol while operating a commercial motor vehicle.
2.5 No driver shall report for a driving assignment or operate a commercial motor vehicle
within four hours after using alcohol.
2.6 No driver required to take a post-accident test shall use alcohol for eight hours
following the accident.
2.7 No driver shall report for a driving assignment or remain bn duty when the driver
uses any controlled substance(s)(hereinafter referred to as"drug(s)"),including those substances listed
in Attachment B. Drivers shall report to their supervisor the use of any prescription drug listed in
Attachment.B after receiving the prescription and prior to any driving assignment.
2.8 No driver shall report for a driving assignment or remain on duty if the driver tests
positive for drugs.
2.9 No driver shall refuse to submit to a post-accident alcohol or drug test, a random
alcohol or drug test, a reasonable suspicion alcohol or drug test or a follow-up alcohol or drug test.
3. ALCOHOL AND DRUG TESTING REQUIREMENTS
3.1 Pre-Employment and Pre-Assignment Testing
a. Pre-Employment—Job announcements for covered positions shall specify that drug
screening shall be part of the examination.
b. Pre-employment drug tests will be conducted when an individual is offered a position
covered by this policy,contingent upon passing drug tests. Applicants who refuse a test,or test positive
for any drug will not be appointed and are not entitled to a retest.
c. Pre-assignment—No driver may receive or carry out a driving assignment unless first:
1)The driver has been administered an alcohol test with a result indicating an alcohol concentration less
than 0.02, and 2)The driver has received a drug test result from a medical review officer indicating a
verified negative test result.
3.2 Random Testing
a. All drivers are subject to unannounced alcohol and drug testing based on random
selection.
b. For alcohol testing, the number of drivers tested per year shall equal at least 25%
of the total number of drivers. The random alcohol test must be administered just prior to,during,or just
after the employee has performed driving duties.
C. For drug testing, the number of drivers tested shall equal at least 50%of the total
number of drivers.
Resolution No. 95/630
December 12, 1996 Page 2
d. The number of drivers subject to random drug and alcohol tests will be evaluated
after the second year of the program and this number may be adjusted based on the number of
violations.
e. To assure that the selection process is random, all drivers will be placed in a
common pool.
f. Drivers who are randomly selected for testing will be notified at the time of the test,
and they will remain in the common pool after testing.
3.3 Post-Accident Testing
Every driver of a County commercial motor vehicle which is involved in an accident shall
report for and receive alcohol and drug testing within two hours of the accident if able,and otherwise at
the earliest possible time, not more than 8 hours as to alcohol and 32 hours as to drugs,when:
a. The accident involved the loss of a human life;or
b. The driver received a citation for a moving traffic violation arising from the accident;
or
C. Any person suffered an injury requiring immediate treatment away from the scene
of the accident,or
d. The accident resulted in disabling damage to any vehicle requiring it to be towed
from the scene.
3.4 Reasonable Suspicion Testing
a. Every driver shall be required to submit to an alcohol test within two hours at the
direction of the driver's trained supervisor, when the supervisor has reasonable suspicion, based on
specific, contemporaneous, articulable observations concerning the driver's appearance, behavior,
speech, or body odors, made during,just preceding, or just after the work period, to believe that the
driver has violated the prohibitions expressed in Part 2 above concerning alcohol.
b. Every driver shall be required to submit to a drug test within two hours at the
direction of the drivers'trained supervisor, when the supervisor has reasonable suspicion, based on
specific, contemporaneous, articulable observations concerning the driver's appearance, behavior,
speech,or body odors,to believe that the driver has violated the prohibitions expressed in Part2 above
concerning drugs. The observations may include indications of the chronic and withdrawal effects of
drugs.
C. Within 24 hours after observation of a reasonable cause event, the observing
supervisor will document in writing a description of the behavior or performance indicators leading to the
test.
3.5 Return-to-Duty Testing
a. Before a driver may return to duty after engaging in conduct prohibited by Part 2
above concerning alcohol,the driver must undergo a return-to-duty alcohol test with a result indicating
an alcohol concentration of less than 0.02.
b. Before a driver may return to duty after engaging in conduct prohibited by Part 2
above concerning drugs, the driver must undergo a return-to-duty drug test with a result indicating a
verified negative result for drug use.
Resolution No. 95/630
December 12, 1996 Page 3
C. Refer to Section 5 for other requirements to be met before returning to duty.
3.6 Follow-Up Tests. Drivers who engage in conduct prohibited by Part 2 above are
required to submit to at least six unannounced follow-up alcohol and/or drug tests within one year,
together with additional unannounced tests as directed by a responsible Substance Abuse Professional,
in the event they return to work. Follow-up tests must be administered just prior to,during,or just after
the employee has performed driving duties.
4. CONSEQUENCES OF DRIVER VIOLATIONS
4.1 Drivers who engage in conduct prohibited by Part 2 are subject to
administrative/disciplinary measures, may not receive or perform a driving assignment, and shall be
placed on leave of absence until the driver has received referral, evaluation and treatment, and has
qualified for retum-to-duty,as described in Section 5 below. With the first positive test result,the County
may impose administrative/disciplinary measures, up to and including dismissal. With the second
positive test result,the employee will be dismissed.
4.2 Drivers may not self-identify as unfit for duty after having been notified of a random,
reasonable suspicion,post-accident,or follow-up test to avoid the consequences of a positive test or a
refusal to test.
4.3 Drivers who fail or refuse to comply with any test requirement expressed in Part 3,or
who fail or refuse to obtain referral, evaluation, and treatment, including required certification to the
County, pursuant to Section 5.3(a), will be dismissed.
4.4 Leave of absence pursuant to section 4.1 shall be without pay, and employees on
such leave will not be entitled to accrue paid leave benefits. However, such employees will be allowed
to use accrued paid leave benefits, including sick leave, in accordance with County policy, but subject
to any disciplinary action.
4.5 Drivers notified of a positive test result shall contact a Substance Abuse Professional
within 72 hours to arrange for an appointment and shall notify his/her supervisor by the beginning of the
next work shift. Failure to do so will result in dismissal.
5. REFERRAL, EVALUATION,AND TREATMENT
5.1 Each driver who has tested positive for drugs or alcohol shall be referred to a
Substance Abuse Professional for counseling and treatment, and shall be given information as to
available resources for evaluating and resolving alcohol misuse and use of drugs. All counseling and
treatment shall be at the driver's expense.
5.2 Each driver who has tested positive for alcohol or drugs shall be evaluated by a
Substance Abuse Professional who shall determine what assistance,if any,the driver needs in resolving
problems associated with alcohol misuse and/or drug use.
5.3 Before a driver who has engaged in conduct prohibited by Part 2 and whose driving
is otherwise permitted may return to driving duties:
a. A Substance Abuse Professional must certify in writing to the County that the driver
has complied with all recommendations made for assistance in resolving the driver's alcohol misuse
and/or drug use, and state what follow-up testing is required.
b. The driver must take and successfully pass the return-to-duty tests required by Part
3.5.
Resolution No. 95/630
December 12, 1996 Page 4
}
5.4 Self-Referral-Prior to the first time a driver tests positive under this program, the
driver may self-refer to the Employee Assistance Professional,to a Substance Abuse Professional, to
a community drug and alcohol treatment resource,or contact their health plan for confidential assistance
in resolving personal issues or treatment of alcohol or drug problems. All counseling and treatment shalt
be at the drivers expense. Drivers voluntarily seeking to avoid conduct which violates this policy will be
entitled to use leave accruals.
6. PROGRAM MANAGEMENT
6.1 The drug and alcohol program for drivers shall be managed by the Risk Manager.
6.2 The records required by law shall be developed and maintained by the Risk Manager
and the agency which provides alcohol and drug testing services.
6.3 The Director of Human Resources shall provide a minimurrtof 60 minutes of training
on alcohol abuse and an additional minimum of 60 minutes of training on drug use to the supervisors of
drivers who are thereafter designated as persons who shall determine whether reasonable suspicion
exists to require a driver to undergo alcohol or drug testing.
6.4 Every driver shall be given a copy of this policy and shall acknowledge the receipt
thereof. (Attachment C)
Resolution No. 95/630
December 12, 1996 Page 5
ATTACHMENT A
ALCOHOL AND DRUG TESTING REQUIREMENTS
DESIGNATED POSITIONS
The following positions and such others as may be designated by the Director of Human
Resources are subject to alcohol and drug testing as required by federal law:
DOT CODE Local 1
0061 Airport Operations Specialist(9BVB)
9554 Community Services Bus Driver(9554)
6182 Equipment Operator 11 (PSTA)
6181 Equipment Operator I(PSVA)
0103 Equipment Mechanic(PMWB)
0153 Laborer(PSWB)with Commercial Drivers°License
0062 Lead Airport Ops. Specialist(9BTA)
0210 Road Maintenance Carpenter Appr. (PSWD)
0211 Road Maintenance Carpenter(PSWA)
3191 Sr.Veg. Mgmt. Technician(PSTD)
0231 Specialty Crew Leader(PSTC)
0236 Storeroom Clerk(91WC)
2632 Weights&Measures Inspector 11 (BMVA)
2633 Weights& Measures Inspector III (BWTB)
DSA
0078 Deputy Sheriff(6XWA)
Management
1242 Fleet Service Center Supv. (PMHC)
0450 Public Works Mtce. Supt.(PSGA)with Commercial
Drivers'License
0201 Public Works Mtce. Supv. (PSHB)with Commercial
Drivers'License
2634 Supv.Weights&Measures Insp.(BWHA)
Department Codes
33 Agriculture 54 Health Services
59 Community Services 65 Public Works
66 General Services 25 Sheriff-Coroner
Resolution No. 95/630
December 12, 1996 Page 6
f
, L
ATTACHMENT B
ALCOHOL AND DRUG TESTING REQUIREMENTS
CONTROLLED SUBSTANCES
Any of the illicit,over-the-counter,or professionally prescribed psycho-active drugs,including but
not limited to the drugs listed below, are controlled substances:
Amphetamines
Cannabinoids
Cocaine
Ethanol
Opiates
Phencyclidine
Resolution No. 95/630
December 12, 1996 Page 7
ATTACHMENT C
ACKNOWLEDGEMENT/RECEIPT FORM
Federal Highway Administration/Commercial Drivers
I hereby acknowledge that 1 have received a copy of the County's Alcohol and Drug Testing Policy
concerning alcohol and drug testing as required by the Federal Highway Administration(FHWA),49 CFR
Part 382.
Employee Signature
Date
Witness
Resolution No. 95/630
December 12, 1996 Page 8
SECTION II
INTENT AND PURPOSE OF POLICY
It is Contra Costa County's policy to foster and promote a drug and alcohol-free work
place for all employees. A drug and alcohol-free work place enhances the safety of
the public and the County's most valuable resource, its employees. The County's
policy is guided by the four following principles:
1. Education - The County believes that providing education on the effects and
treatment of substance abuse will contribute to a safer and more efficient work
place.
2. Deterrence -The County is committed to-avoiding substance abuse in the work
place. All employees are prohibited from using, possessing, buying or selling
drugs or alcohol in the work place. They also are prohibited from reporting to
work or remaining at work when impaired by or under the influence of drugs and
alcohol.
3. Enforcement - Violation of the County's substance abuse policy requirements
will be cause for discipline, up to and including termination of employment.
4. Treatment - The County is committed to assisting employees with admitted
substance abuse problems overcome these problems, and encourages use of
treatment.and rehabilitation, whenever possible.
The intent and purpose of the County's program is to implement a fair and balanced
approach to eliminating substance abuse and its effects on the job, to enhance the
safety of the public and employees, and to implement the requirements of the
Omnibus Transportation Employee Testing Act of 1991 for employees who operate
commercial motor vehicles for the County.
December 12, 1996 Page 9
SECTION III
DEFINITIONS
This section sets forth the definition of certain terms used within this policy. The intent
is to provide a framework for interpretation for management, supervisory and
employee work groups.
Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol or other low
molecular weight alcohol including methyl and isopropyl alcohol.
Breath Alcohol Technician (BAT): A certified technician who has successfully
completed the DOT's BAT model curriculum established pursuant to 49 CFR Part 40
Procedures. The certification requires demonstration of proficiency in the use of the
Evidential Breath Testing curriculum including a review of the Evidential Breath Test
device's Quality Assurance Plan, conducting calibrations, calibration checks and the
operation of the Alcohol Breathalyser.
Commercial Motor Vehicle: As cited in Section 1.3 of the Board Policy, a
commercial motor vehicle is:
• a vehicle with a gross combination weight of at least 26,001 pounds inclusive of
a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
• a vehicle with a gross vehicle weight of at least 26,001 pounds;
• a vehicle designed to transport 16 or more passengers, including the driver; or
• a vehicle used to transport those hazardous materials found in the Hazardous
Materials Transportation Act.
Continuation of Pay: This includes paid regular work time, accumulated
compensatory leave time, vacation time, sick time, or other paid personal leave time
accruals, integrated with SDI and/or LTD benefits where claims for such have been
approved in compliance with this Policy and Program.
Controlled Substance: Any substance defined by the Code of Federal Regulations
(49 C.F.R. Section 40.21) or specified in Attachment A.
December 12, 1996 Page 10
Cut-off Level: The concentration of a drug or drug metabolite that exceeds
established levels as outlined in Attachment A.
Designated Supervisor: Those supervisory employees designated by the County
who are authorized to require a reasonable suspicion test of a driver under this
Program. Designated supervisors shall be trained to determine whether a reasonable
suspicion exists to require a driver to undergo testing. Designated supervisors shall
receive at least sixty (60) minutes of training on the overall Program and Policy of the
County, at least sixty (60) minutes of training on alcohol misuse, and at least an
additional sixty (60) minutes of training on controlled substances use, including
behavioral, speech and performance indicators of probable alcohol misuse or use of
controlled substances.
Driver: An employee in a position designated by the Director of Human Resources
who is subject to alcohol and drug testing as required by Federal Law and the terms
and conditions of the Policy. In accordance with Section 1.2 of the Board Policy, the
words "duty", "driving duty", "driving assignment", and "operating a commercial motor
vehicle", include, but are not limited to:
• All time on duty waiting to be dispatch Id.
• All time inspecting, servicing, or conditioning any commercial motor vehicle.
• All time spent at the driving controls of a commercial motor vehicle.
• All time, other than driving time, spent in a commercial motor vehicle.
• All time spent loading or unloading; attending, supervising or assisting in loading
or unloading; or remaining in readiness to operate a commercial motor vehicle;
or in giving or receiving receipts for shipments loaded or unloaded from a
commercial motor vehicle.
• All time spent repairing, obtaining assistance for, or remaining in attendance
upon a disabled commercial motor vehicle.
Drug: See Controlled Substance.
Drug Metabolite: The amount or concentration of metabolized drug residuals that
are detectable in a urine specimen.
December 12, 1996 Page 11
Medical Review Officer: A licensed physician designated to interpret and evaluate
test results and other relevant medical information. A Medical Review Officer
examines all positive confirmed test results to determine if there is an alternative
medical explanation for the positive test result.
On-Duty Time: On-duty time includes all time spent taking a required alcohol or
controlled substance test, including travel time, and will be paid at the driver's
appropriate rate of pay. Any employee who is not allowed to return to work or who
is temporarily reassigned, where practical, to alternative work, while awaiting test
results, will be compensated during the waiting period for all regular work time lost.
Substance Abuse Professional: A licensed physician, a licensed or certified
psychologist, social worker, employee assistance professional or addiction counselor
(certified by the National Association of Alcoholism and Drug Abuse Counselors
Certification Commission) with knowledge of and clinical experience in the diagnosis
and treatment of alcohol and controlled substance-related disorders.
Random Selection: Random selection consists of a computer-generated random
selection process for testing in compliance with the Department of Transportation
regulations.
December 12, 1996 Page 12
SECTION IV `
COVERED CLASSIFICATIONS AND POSITIONS
Drivers include employees assigned to positions in the following classifications, and
such others as may be designated by the Director of Human Resources.
LOCAL 1
• Airport Operations Specialist
• Community Services Bus Driver
• Equipment Operator II
• Equipment Operator
• Equipment Mechanic
• Laborer (with commercial driver's license)
• Lead Airport Operations Specialist
• Road Maintenance Carpenter
• Road Maintenance Carpenter Apprentice
• Senior Vegetation Management Technician
• Specialty Crew Leader
• Storeroom Clerk
• Weights & Measures Inspector III
• Weights & Measures Inspector II
DEPUTY SHERIFFS' ASSOCIATION
• Deputy Sheriff
MANAGEMENT
• Fleet Service Center Supervisor
• Public Works Maintenance Superintendent (with commercial driver's,license)
• Public Works Maintenance Supervisor (with commercial driver's license)
• Supervising Weights & Measures Inspector
Employees become subject to the requirements of this program either upon initial
appointment or assignment to a covered position or designation by the Human
Resources Director, if not previously covered by these requirements.
December 12, 1996 Page 13
SECTION V
PROHIBITED BEHAVIOR
Drivers are subject to the following prohibitions:
• No driver shall report for a driving assignment or remain on duty having a breath
alcohol concentration of 0.02 or greater;
• No driver shall report for duty or remain on duty while the driver is under the
influence of or impaired by alcohol, as indicated by the behavioral, speech or
performance indicators of alcohol misuse;
• No driver shall be on duty or operate a commercial motor vehicle while the driver
possesses alcohol;
• No driver shall use alcohol while operating a commercial motor vehicle;
• No driver shall report for a driving assignment or operate a commercial motor
vehicle within four hours after using alcohol;
• No driver required to take a post-accident test shall use alcohol for eight hours
following the incident or until tested, whichever occurs first;
• No driver shall report for a driving assignment or remain on duty when the driver
uses any controlled substance(s) including those substances listed in
Attachment A unless a treating physician notifies the County in writing that the
substance does not adversely affect the ability of the employee to safely operate
a commercial motor vehicle. Drivers shall report to their supervisor the use of
any prescription drug listed in Attachment A after receiving the prescription and
prior to any driving assignment;
• No driver shall report for a driving assignment or remain on duty if the driver
tests positive for drugs;
• No driver shall refuse to submit to a post-accident alcohol or drug test, a random
alcohol or drug test, a reasonable suspicion alcohol or drug test or a follow-up
alcohol or drug test.
• In the event that a driver fails or refuses to sign an authorization for disclosure
December 12, 1996 Page 14
of the test results, pursuant to Section IX, Record Keeping and Confidentiality
of this Policy, to the Contra Costa County Risk Management Department and to
the drivers' Department Head, it will be presumed that such test results are
positive and evidence prohibited behavior.
• No driver shall refuse to comply with the recommendations of the Medical
Review Officer or Substance Abuse Professional.
Any driver engaging in any prohibited behavior will be subject to disciplinary action,
up to and including termination from employment with Contra Costa County as further
detailed in Section X.
December 12, 1996 Page 15
i
SECTION VI
TESTING PROCEDURES AND LABORATORY ANALYSIS
Testing Procedures/Laboratory Analysis
The County shall utilize the services of a licensed medical facility which is capable of
providing sample collection and testing in conformance with accepted standards and
practices, and which is familiar with the National Institute on Drug Abuse (NIDA)
guidelines for sample collection.
1. Alcohol Testing: Alcohol testing will be done using an Evidential Breath testing
(EBT) device administered by a certified Breath Alcohol Technician (BAT). Two
breath tests are required to determine if a covered employee has prohibited
alcohol concentration. A first test result less than 0.02 shall be considered
negative and the employee shall be returned to work immediately. A first test
result of 0.02 or greater alcohol concentration requires a second test, and the
County will not return the employee to a function requiring a driver's license for
twenty-four hours following testing. If the first test alcohol concentration is 0.02
or greater, the employee must remain at the testing facility and a second
confirmation test must be conducted no later than 20 minutes after the first
screening test. Before the confirmation test is conducted, a blank test will be run
(air bank) to make sure the EBT is working properly. If the screening and
confirmation test results are different, the confirmation test result will stand as
the official test result. A confirmation test with an alcohol concentration of 0.02
or greater is a positive test.
2. Drug Testing: Drug testing will be done using a split sample method. A driver
must provide at least 45 ml (milliliters) of urine. If the driver is unable to provide
the minimum amount of urine, the driver shall remain at the testing facility and
shall be required to consume up to 24 ounces of fluid and try to provide a sample
within the succeeding two hours.
The urine sample shall be divided into two different collection vials or containers
which will bear the same bar code identifier and which are separated and sealed
at the time of collection. The purpose of the split sample is to allow the driver the
opportunity to have his/her specimen retested at a different certified laboratory
in the event of a positive test result or dispute.
December 12, 1996 Page 16
t
Only one specimen is opened and used for the urinalysis. If the analysis of that
specimen confirms the cut-off levels of tested controlled substances, the driver has
72 hours from notification of a positive test result, to request the second specimen be
sent to another certified lab for analysis.
The first sample is tested using the immunoassay method. A second
confirmatory test is used to analyze/confirm a positive test result from the initial
test.
A urine specimen is considered positive if the amount of the drug or drug
metabolite (a by-product that is produced in the body as a controlled substance
is broken down) in the urine exceeds the cut-off level. The cut-off levels as
established by the National Institute on Drug Abuse (NIDA) for screening and
confirmatory tests are listed in Attachment A and are expressed in nanogram per
milliliter (ng/ml), or billionths of a gram per thousandth of a liter.
The designated laboratory will retain the split specimen in frozen storage for a
minimum of one month from the date of testing in the event that a split specimen
test is requested by the employee. ,
Reporting And Review Of Test Results
A Medical Review Officer (MRO) shall examine all positive drug test results to
determine if there is an alternative medical explanation for the positive test result.
Before making a final decision as to whether the positive test is valid, the MRO is
required to provide the driver with the opportunity to discuss the positive test result.
The Medical Review Officer shall inform the employee directly of the positive test
result. Upon notification of the positive test result, the driver must report to the MRO
to discuss the positive result. Once the discussion has been concluded, the MRO will
determine if the positive test result shall stand. If the MRO determines there is a
legitimate medical explanation for the positive test result, the MRO will inform the Risk
Manager or his/her designee that the test is negative.
An employee who tests positive for drugs on the primary specimen shall be placed on
leave of absence, pursuant to Section X.5 of this Policy, until there is a negative test
result from either the split specimen, in accordance with 49 C.F.R., or from a return
to duty test.
December 12, 1996 Page 17
Substance Abuse Professional Intervention
Subject to the provisions of Board Policy, Section 4, and of Section X hereof, in the
event of a positive test result for either controlled substances or alcohol, the driver
testing positive will be referred to a Substance Abuse Professional (SAP) for
evaluation. The evaluation shall determine the appropriate treatment method for the
driver for controlled substance or alcohol abuse. The Substance Abuse Professional
will recommend the appropriate action based on the evaluation to address the
employee's involvement with controlled substances or alcohol.
The treatment method may include in-patient treatment, out-patient treatment,
counseling, or other methods utilized for the treatment of controlled substance or
alcohol abuse. Upon request, the Department Head, or his/her designee will review
the Substance Abuse Professional's recommendation and advise the employee what
paid leave time may be used while participating in the treatment or rehabilitation
program.
The Substance Abuse Professional's evaluation shall be paid for by the County. Any
treatment or rehabilitation program identified by the SAP shall be paid for by the
employee or by his/her health plan.
In the event the employees' health plan does not cover the cost of the identified
treatment/rehabilitation program, the employee may elect to use vacation,
compensatory time and/or personal holiday credit accruals not to exceed the cost of
the program for this purpose. Asa condition of the use of vacation/compensatory
time/personal holiday credit accruals in this regard, the employee shall authorize that
the monies be paid directly to the provider of rehabilitation program services.
December 12, 1996 Page 18
SECTION VII
TYPES OF TESTS REQUIRED
Types of Alcohol/Controlled Substance Testing
Employees working in positions covered by this program are subject to the following
alcohol and drug testing requirements:
1. Post Job Offer/Pre-Placement: Drug tests will be conducted when an individual
is offered a position identified in Section IV. Applicants who refuse to test, or test
positive for any drug, will not be appointed.
When employees transfer, promote, demote, or are reassigned to a driving
assignment, testing will be conducted after the employee is provided a
conditional offer, but prior to actual assignment to the position.
No driver may receive or carry out a driving assignment unless first:
• the driver has been administered an alcohol test with a result
indicating an alcohol concentration less than 0.02; and
• the driver has received a drug test result from a Medical Review
Officer indicating a verified negative test result.
2. Random Testing: All employees working in classifications identified in Section
IV are subject to unannounced alcohol and/or drug testing based on random
selection.
• Each calendar year 25% of all drivers must be randomly
selected to be tested for alcohol. The random alcohol test shall
be administered just prior to, during, or just after the employee
has performed driving duties.
• Each calendar year 50% of all drivers must be randomly
selected to be tested for controlled substances, half of which
will also be tested for alcohol, as provided above.
December 12, 1996 Page 19
The testing dates and times for these random tests will be unannounced and will
occur during the employee's normal work hours. The medical facility shall
identify the employees selected for each random test, and inform the Risk
Manager or his/her designee of the names of the employees randomly selected
for testing. It is the responsibility of the Risk Manager or his/her designee to
inform the driver's supervisor(s) of the dates and times of such random testing,
and to coordinate scheduling with the medical facility.
For random selection purposes, all drivers will be placed in a common pool.
Drivers who are randomly selected for testing will be notified at the time of the
test, and they will remain in the common pool after testing.
3. Post Accident: Post accident testing will be conducted following an accident.
Every driver of a County commercial motor vehicle which is involved in an
accident, shall report for and receive a drug and alcohol test within two (2) hours
of the accident, if able, when:
• the accident involved the loss of a human life; or
• the driver received a citation for a moving traffic violation arising
from the accident; or
• any person suffered an injury requiring immediate treatment
away from the scene of the accident; or
• the accident resulted in disabling damage to any vehicle
requiring it to be transported from the scene.
Any employee or supervisor who fails to report an accident to their immediate
superior within two hours will be subject to disciplinary action up to and including
termination. Post accident drug testing shall be conducted within thirty-two (32)
hours of the accident. Post accident alcohol testing shall occur within two (2)
hours of the accident if possible; post accident alcohol test shall not be
administered after eight hours following the accident.
4. Reasonable Suspicion: A driver is required to submit to testing when a
Designated supervisor has reasonable suspicion to believe the employee is
under the influence of drugs or alcohol, based on specific contemporaneous,
articulable observations.
December 12, 1996 Page 20
A written record of the observations leading to a reasonable suspicion test
signed by the Designated supervisor who made the observation is required. The
reasonable suspicion belief must be based on observations concerning
appearance, behavior, speech, or body odors made during, just preceding, or
just after the work period.
Any Designated supervisor who believes that a driver is demonstrating behavior
to warrant a reasonable suspicion test must attempt to obtain the concurrence
of an additional Designated supervisor for confirmation of the observations prior
to requiring the driver submit to testing. Where a second Designated supervisor
cannot be at the worksite within one hour, one Designated supervisor may order
reasonable suspicion testing, if cause exists. Both Designated supervisors shall
complete the written observational documentation to support the action taken to
require the reasonable suspicion test.
Designated supervisors shall receive training in administering this policy as
detailed in Section Vill.
It is the responsibility of the County Designated supervisor who initially observed
the reasonable suspicion behavior to contact the Risk Manager or his/her
designee to schedule specimen collection with the designated medical facility.
5. Return to Duty/Follow-Up: Return to duty testing must be conducted before a
driver who has tested positive is returned to work.
Any employee who has returned to work from a positive test result will be
required to take at least six unannounced tests within twelve months after
returning to work, in addition to being subject to random testing. The SAP may
require follow-up testing pursuant to 49 C.F.R.
a. An alcohol test must provide a result indicating an alcohol
concentration of less than 0.02 percent.
b. . A drug test must provide a result indicating a verified negative
result for drug use.
December 12, 1996 Page 21
SECTION VIII
TRAINING
All supervisors and managers who supervise employees in classifications defined in
Section IV shall be provided a copy of the County's Policy and Program.
After receipt of the Policy and Program, the above-referenced supervisors shall attend
a mandatory training session sponsored by the County. Topics to be covered in this
training shall include, but not be limited to, the following:
• Review and explanation of the Policy and Program, the supervisor's role in its
enforcement (minimum time - 60 minutes);
• Identification and recognition of the symptoms of drug abuse in the workplace,
signs of impairment, and making judgments on whether to compel testing of an
employee (minimum time - 60 minutes); and
• Identification and recognition of the symptoms of alcohol abuse in the work
place, the signs of impairment, and making judgments on whether to compel
testing of an employee (minimum time - 60 minutes).
All drivers shall be provided a copy of the County's Policy and Program. After receipt
of the Policy and Program, drivers shall attend a mandatory training session on the
overall Policy and Program sponsored by the County (minimum time - 60 minutes).
December 12, 1996 Page 22
SECTION IX
RECORD KEEPING AND CONFIDENTIALITY
All test results returned to the County shall be retained by the Risk Management
Division of the County Administrator's Office for a period of five (5) years and when
such test results are a ground for disciplinary action, the duration of the employee's
employment with Contra Costa County and the resolution of any pending appeals.
The test results also shall be retained at the medical facility as required by the
Department of Transportation. The information contained in these records is
confidential subject to disclosure to the employee's Department Head and as a basis
for rehabilitation and/or disciplinary action, in arbitration, merit board, or court
proceedings, or to authorized Federal or State officials. Otherwise, disclosure
requires the employee's written authorization in-order for the file to be made available
for viewing, copying and or inspection. These files shall be maintained in the custody
of the Risk Manager or his/her designee.
December 12, 1996 Page 23
SECTION X
CONSEQUENCES OF NON-COMPLIANCE/DISCIPLINE
Any driver who engages in an act prohibited by Section 2 of the Board Policy or
Section V of this Policy violates federal law and is subject to disciplinary action, up to
and including termination of employment from the County.
The County will take disciplinary action, up to and including termination from the
County, against any employee who:
1. Engages in conduct prohibited by Section 2 of the Board Policy or Section V
hereof,
2. Refuses required testing pursuant to this Policy and Program, or refuses to fully
cooperate with testing procedures;
• Drivers may not self-identify as unfit for duty after having been
notified of a random, reasonable suspicion, post-accident, or
follow-up test to avoid the consequences of a positive test or a
refusal to test. However, employees may self-refer to the
Employee-Paid Rehabilitation Program, if eligible, prior to the
actual random or reasonable suspicion test. Under no
circumstances will this self-referral allow an employee to avoid
the consequences of a positive test or a refusal to test.
3. Adulterates or otherwise interferes with accurate testing required pursuant to this
Policy and Program; or
4. Fails to comply with the provisions of a rehabilitation or aftercare program.
Disciplinary action for a violation of this Policy and Program will include, but is not
limited to, the following:
1. Employees who refuse to submit to testing, fail or refuse to authorize release of
the test results, or fail to fully cooperate with testing procedures after being
selected for pre-duty, reasonable suspicion, post-accident and random tests will
be treated as if the test result was positive. In addition, an employee who
refuses to submit to testing, or fails to fully cooperate with testing procedures
when a post-accident test is required will be dismissed.
December 12, 1996 Page 24
2. Employees who test positive for a reasonable suspicion, post-accident or
random test will be subject to discipline up to and including termination.
3. Employees who test positive for a return to work or follow-up test will be
terminated.
4. Employees who test positive for drugs or alcohol, who refuse to submit to testing
or fail to fully cooperate with testing procedures after being selected for testing,
and employees who engage in prohibited drug use or alcohol misuse, in addition
to such discipline as may be imposed, will not be permitted to return to work
without first:
• being evaluated by the SAP to determine whether they are in
need of assistance in resolving problems associated with
alcohol misuse or drug use; and
• undergoing a return to duty drug test with a verified negative
result and an alcohol test with a result of an alcohol
concentration of less than 0.02 percent.
In addition, if the employee is identified by the SAP as in need of
assistance, the employee must:
• properly complete any rehabilitation program prescribed and be
re-evaluated by the SAP to verify completion and readiness to
return to work; and
• be subject to unannounced follow-up drug and alcohol testing
administered by the County for up to twelve (12) months
following a return to duty, with the frequency and duration to be
determined by the SAP. The SAP may require follow-up testing
pursuant to 49 C.F.R.
Any. employee reinstatement will be pursuant to a Rehabilitation Agreement
and/or a Return to Work Agreement requiring that the employee successfully
adhere to the terms and conditions of rehabilitation, aftercare, return to duty
and/or follow-up, as determined by the SAP.
Disciplinary action will be consistent with the County's established policies and
procedures.
December 12, 1996 Page 25
5. The following provisions are applicable in the case of involuntary leaves of
absence hereunder:
a. Before an employee is placed on an unpaid leave of absence, the
employee shall be given notice of the proposed leave of absence by letter
or memorandum, delivered personally or by certified mail, containing the
following:
1. a statement of the leave of absence proposed;
2. the proposed beginning and duration of the leave
which may be indeterminate;
3. a statement of the basis upon which the action is
being taken;
4. a statement that the employee may review the
materials upon which the action is taken;
5. a statement that the employee has until a specified
date (not less than seven (7) work days from
personal delivery or mailing of the notice) to respond
to the appointing authority orally or in writing.
b. The employee to whom the notice has been delivered or mailed
shall have seven (7) work days to respond to the appointing
authority either orally or in writing.
c. Pending response to the notice, the appointing authority may
place the employee on a temporary leave of absence, with pay.
d. After having complied with the notice requirements above, the
appointing authority may order the leave of absence without pay
in writing stating the basis upon which the action is being taken,
delivering the order to the employee, either personally or by
mail, effective either upon personal delivery or deposit in the
U.S. Postal Service.
e. An employee who is placed on leave under this section may,
within ten (10) calendar days after personal delivery or mailing
to the employee of the order, appeal the order in writing through
the Director of Human Resources to the Merit Board.
December 12, 1996 Page 26
Alternatively, the employee may file a written election with the
Director of Human Resources waiving the employee's right to
appeal to the Merit Board in favor of appeal to a Disability
Review Arbitrator.
f. In the event of an appeal either to the Merit Board or the
Disability Review Arbitrator, the employee has the burden of
proof to show that the condition cited by the appointing authority
as the ground for leave of absence does not exist.
g. If the appeal is to the Merit Board, the order and appeal shall be
transmitted by the Director of Human Resources to the Merit
Board for hearing under the Merit Board's Procedures. Medical
reports submitted in evidence in such hearings shall remain
confidential information and shall not be a part of the public
record, to the extent permitted by law.
h. If the appeal is to a Disability Review Arbitrator, the employee
(or his representative) and the County's representative will
mutually select the Disability Review Arbitrator, who may be a
de facto arbitrator, or a physician, or a rehabilitation specialist,
or some other recognized specialist mutually selected by the
parties. The arbitrator shall hear and review the evidence. The
decision of the Disability Review Arbitrator shall be binding on
both the County and the employee.
Scope of the Arbitrator's Review
1. The arbitrator may affirm or revoke the leave of
absence.
2. The arbitrator may make his decision based only on
evidence submitted by the County and the employee.
3. The arbitrator may order back pay or paid sick leave
credits for any period of leave of absence if the leave
is found not to be sustainable, subject to the
employee's duty to mitigate damages.
4. The arbitrator's fees and expenses shall be paid one-half by the
department and one-half by the employee or employee's union.
December 12, 1996 Page 27
i. Involuntary leave of absence procedures and appeals do not
preclude disciplinary action and shall not be taken into account
with respect to disciplinary proceedings.
December 12, 1996 Page 28
a
SECTION XI
REHABILITATION
All employees who believe they may have an alcohol or substance abuse problem are
encouraged to voluntarily contact the County's Substance Abuse Professional for an
evaluation. The name and telephone number of the SAP provider may be obtained
from the Risk Management Division.
Types of Rehabilitation
1. Employee-Paid Rehabilitation on Initial Self-Referral: Prior to being designated
to be tested, an employee may self-refer to the County's Substance Abuse
Professional. The SAP will evaluate •the employee and recommend an
appropriate course of treatment. All counseling and treatment shall be at the
employee's expense. The employee must first exhaust sick leave or other
accruals and then be placed on the County's Leave of Absence Program without
pay. Employees on such leave will not be entitled to the continuation of
accruals, except for continuation of the employer's share of health plan benefits.
Such employees may not return to duty without first meeting return to duty
testing requirements.
2. Substance Abuse Professional Referral Following a Positive Test: The SAP will
evaluate the employee and recommend an appropriate course of treatment. All
counseling and treatment shall be at the employee's expense. The employee
must first exhaust sick leave or other accruals and then be placed in a non-paid
status. Employees in such status will not be entitled to the continuation of
accruals or the employer's share of health plan benefits. The use of paid
accruals will be subject to any discipline which is imposed.
Rehabilitation Programs
1. The employee will be evaluated by the SAP for determination,of the most
appropriate treatment and a referral to the selected Rehabilitation Program.
2. The employee will be placed in a medically supervised Rehabilitation Program,
which may include full in-patient hospital, residential care, day treatment or out-
patient care, provided by a qualified Rehabilitation Facility.
December 12, 1996 Page 29
3. If the SAP certifies that the employee has successfully completed the
Rehabilitation Program, an aftercare program will be determined on an individual
case-by-case basis during which time the employees shall be subject to
announced and unannounced drug and alcohol tests. The employee must pass
a drug and alcohol test with negative test result and will be required'to sign a
Return to Work agreement acknowledging that he or she will abide by those
terms and conditions.
4. The Return to Work Agreement will stipulate that the employee will be subject
to announced and unannounced drug and alcohol tests the frequency and
duration of which will be determined by the SAP and the Risk Management
Department.
5. If recommended by the SAP, the employee will be permitted to return to work in
his/her job classification during the aftercare or during any other out-patient
program, providing the employee tested negative for drugs and alcohol in a
Return To Work test.
6. The employee must successfully adhere to the terms and conditions of the
Rehabilitation and Return to Work Programs. If the employee violates the terms
and conditions of the Rehabilitation or Return To Work Programs, the employee
will be terminated in accordance with the Rehabilitation and/or Return To Work
Agreement(s).
An employee in rehabilitation or aftercare, or who has previously elected a
rehabilitation program following initial self-referral, is ineligible for more than one (1)
opportunity at rehabilitation. .
Discipline, if any, shall go forward notwithstanding the employee's eligibility for the
rehabilitation option.
December 12, 1996 Page 30
SECTION XII
PAYROLL ISSUES
Status While Testing
When the County directs a driver to submit to any form of required drug or alcohol
testing, time away from work during the employee's normal working hours shall be
without loss of pay to the driver.
If the County requires an employee to submit to any type of required testing, or wait
for the completion of sample acquisition, outside the employee's normal work hours,
the employee shall be compensated at the applicable overtime rate.
Status While Awaiting Results
When the County requires a driver to remain off work pending completion of testing,
receipt of test results, or completion of confirmation testing, the employee shall be
placed on a temporary Leave of Absence with Pay, or, at the sole' discretion of the
County,temporarily reassigned,where practical,to alternative work. Upon notification
that the test result(s) is/are negative, the employee shall return to work. Time shall
be reported as Leave of Absence with Pay for payroll purposes.
Status While in Rehabilitation
If an employee elects the initial self-referral option, or is referred by the SAP to a
program of rehabilitation counseling or treatment, the employee must first exhaust
sick leave or other accruals and then be placed in the County's Leave of Absence
Program without pay. Employees on such leave of absence without pay will not be
entitled to the continuation of accruals, except for continuation of the employer's share
of health plan benefits in the case of a qualified self-referral.
If an employee is referred by the SAP to a program of rehabilitation counseling or
treatment after testing positive, the employee must first exhaust sick leave or other
accruals and then be placed in a non-paid status and will not be entitled to the
continuation of accruals. Employees in such status will be entitled to the employer's
share of health plan benefits for a period not to exceed one hundred and twenty (120)
calendar days.
If an employee is unable to return to work after a period of one (1) year, his/her
employment will be terminated and the individuals' name will be placed on a
reemployment list in accordance with Part 6, Employment and Reemployment List.
December 12, 1996 Page 31
SECTION XIII
RESPONSIBILITIES
The implementation of this program requires that certain employees and/or service
providers be responsible for various portions of the program. This section identifies
the responsibilities of the following: clinic/collection site; supervisory staff; covered
employees; Risk Management Division; Human Resources Department; and
Department Heads or designees.
Clinic/Collection Site
The clinic/collection site is responsible for the chain of custody; specimen collection
integrity, packaging and delivery of the specimen to the certified laboratory; utilization
of a NIDA certified laboratory; development and implementation of the random
selection methodology for driver random testing purposes; delivery of the Medical
Review Officer's services; all in compliance with applicable state and federal laws and
regulations; and notification to the County of all the test results.
Supervisory Staff
Supervisory staff is responsible for notifying drivers of their random testing
appointments; identification of prohibited behavior(s); completion of the written
observation documentation warranting a reasonable suspicion test; obtaining the
support of an additional Designated supervisor for confirmation of the prohibitive
behavior; consulting with the Director of Human Resources or his/her designee for
possible disciplinary action where warranted; proper assignment of employees to
alternative work; requiring an employee to report to the clinic/collection site for post
accident testing; and familiarity with the provisions of this program for purposes of
interpretation to drivers.
Drivers
Drivers are expressly prohibited from engaging in any of the prohibited behavior cited
in Section V and are responsible for presenting themselves to work free from drug
and alcohol use; reporting promptly to the clinic/collection site for random, post
accident and reasonable suspicion testing; informing management if they have
consumed alcohol or drugs while off duty that would prevent them from performing
their job duties upon notification to report to work or when reporting to their regular
work schedule; attending any substance abuse counseling that may be required
December 12, 1996 Page 32
based on a positive test result; submitting to any follow-up testing required prior to a
return to duty and informing their supervisor of any prescribed medicine that may
impair their ability to perform their job or operate machinery as advised by their
physician.
Risk Management Division
The Risk Manager or his/her designee is responsible for communicating the
requirements of this program to all drivers and union representatives; acting as liaison
with the clinic/collection site and departmental managers for the scheduling of
reasonable suspicion drug/alcohol testing; coordinating the notification and scheduling
of drivers for random testing; acting as liaison with the clinic/collection site to resolve
any concerns or issues that may arise; communicating with the Medical Review
Officer regarding all positive test results; and providing information to management,
elected officials and employee representatives regarding the Department of
Transportation requirements that affect this program, and assisting in problem
resolution when/if disputes arise.
Human Resources Department
The Director of Human Resources is responsible for providing a minimum of sixty (60)
minutes of training on the overall Policy and Program, a minimum of sixty (60)
minutes of training on alcohol abuse, and an additional minimum of sixty (60) minutes
of training on drug use to the supervisors of employees who are designated as
persons who shall determine whether reasonable suspicion exists to require an
employee to undergo alcohol or drug testing; and assisting supervisory staff in
determining appropriate disciplinary action.
Department Head/Division Manager or Designee
Department Heads, Division Managers or their designees are responsible to enforce
the provisions of this program by: coordinating initial and annual training schedules
with the Director of Human Resources or his/her designee and facilitating scheduling
of any testing required by this program; conducting investigations when he or she
suspects that an employee may be impaired or affected by drug or alcohol use; and
initiating investigations when he or she suspects the presence or use of drugs or
alcohol in the workplace or during work time.
Drivers may contact the Risk Manager or his/her designee for information regarding
implementation of this program.
December 12, 1996 Page 33
SECTION XIV
SEVERABILITY
If any court should hold any part of this Policy and Program invalid, such decision
shall not invalidate any other part of the Policy and Program.
December 12, 1996 Page 34
SECTION XV
COUNTY CONTACT
Questions regarding the Policy and Program should be directed to:
Risk Management
651 Pine Street, 6th Floor
Martinez, CA 94553
(510) 335-1450
December 12, 1996 Page 35
SECTION XVI
REVISIONS TO THE POLICY AND PROGRAM
This Policy and Program are subject to revision.
December 12, 1996 Page 36
ATTACHMENT A
SAMPLING CRITERIA
Controlled Substances
The following cut-off levels* are the established concentrations within a specimen for
detection of drug metabolites:
Marijuana metabolites 50 ng/ml
Cocaine metabolites 300 ng/ml
Opiate metabolites (including heroin) 300 ng/ml
Phencyclidine (PCP) 25 ng/ml
Amphetamines 1000 ng/ml
A second confirmatory test is used to analyze%onfirm the positive test result
from the initial test. The only authorized confirmation test used is the Gas
Chromatography/Mass Spectrometry (GUMS). The cut-off** levels for the
confirmation test are:
Marijuana metabolites 15 ng/ml
Cocaine metabolites 150 ng/ml
Opiates:
Morphine 300 ng/ml
Codeine 300 ng/ml
Phencyclidine 25 ng/ml
Amphetamines:
Amphetamine 500 ng/ml
Methamphetamine 500 ng/ml
* The concentration of a specific drug class used to calibrate and define the
minimum positive screening test.
** The confirmation level is the minimum level of drug that will be reported as
positive.
December 12, 1996 Page 37
ATTACHMENT B
CONTRA COSTA COUNTY
REASONABLE SUSPICION DOCUMENTATION
Confidential- To be completed by Supervisor
IF- Employee Data
Name:
Division: Job Title:
Date of Incident:
Time Started Work: Time Relieved of Duty:
Location Relieved of Duty:
Check the items you have observed today:
Physical Body Odor Eyes
Appearance/ _ Odor of alcohol — Dilated pupils
Condition _ Odor of marijuana — Constricted
Inattention to _ Alcohol on breath pupils
Personal _ Droopy
Hygiene eyelids
Sweating _ Bloodshot or
_ Chills glassy
Vomiting eyes
Nose irritation
Motor Movements Speech Mood
_ Impaired _ Slurred _ Euphoria
coordination _ Slow _ Anxiety
Slow reaction _ Incoherent _ Restlessness
time _ Talkative _ Drowsiness
Clumsy _ Non-responsive _ Irritability
_ Body tremors _ Violent
_ Staggers, sways behavior
or weaves when _ Inattentive
attempting to
walk
December 12, 1996 Page 38
Y ,
ATTACHMENT B
Describe the employee's explanation for physical condition/behavior:
Names of people who witnessed the employee's condition:
December 12, 1996 Page 39
i
ATTACHMENT B
Guidelines for Reasonable Suspicion Documentation
• Obtain the presence of a second supervisor, if feasible. If second
supervisor is not present, document reason(s) why.
• Maintain confidentiality.
• Inform employee of right to union representation.
• Initiate dialogue with employee (i.e., is something wrong . . .).
• Inform employee of your observations.
• Inform employee that an immediate drug and alcohol test is required.
• Send employee for alcohol and drug test.
• Inform an employee who resists that he/she will be charged with
insubordination for refusing to be evaluated, tested, and signing of
release form, and that a positive alcohol or drug result will be
recorded and acted upon.
• Document who transported employee to the evaluation.
• Document if the employee initially refuses to go to alcohol or drug
test.
• Document if employee refuses to sign consent release or any other
test forms.
• Document if you charge the employee with insubordination.
• Document if the employee ultimately submits to alcohol and drug
test.
• Document arrangements made for employee to be driven home after
tests.
December 12, 1996 Page 40
L ATTACHMENT C
ACKNOWLEDGMENT/RECEIPT FORM
Federal Highway Administration/Commercial Drivers
I hereby acknowledge that I have received a copy of the County's Alcohol and
Drug Testing Policy concerning alcohol and drug testing as required by the
Federal Highway Administration (FHWA), 49 C.F.R. Part 382.
Employee Signature Date
Witness Signature Date
December 12, 1996 Page 41
ATTACHMENT D
CONTRA COSTA COUNTY REHABILITATION AND
RETURN TO WORK AGREEMENT
This Rehabilitation and Return to Work Agreement is to assist you in
understanding the severity of the issues being confronted and the County's
desire to assist you to be successful in the resolution of these concerns.
Name of Employee:
Classification:
Employee Number:
Date of Incident:
Nature of Incident:
Date of Negative
Return to Work Tests:
Date Returned to Work:
December 12, 1996 Page 42
Program for Rehabilitation: This may include day treatment, night programs,
residential programs, or counseling as developed by the Substance Abuse
Professional.
Proposed
Termination Date:
December 12, 1996 Page 43
The Agreement:
I, ,-agree
to comply with the guidelines and procedures entailed in the County's Drug
and Alcohol Testing Program and the conditions established in the
rehabilitation program. 1 understand that periodic unannounced samples will
be taken as a condition of continued employment. Any positive test as a
result of unannounced testing shall constitute grounds for termination of my
employment with the County. Should I successfully complete the
rehabilitation program described above and subject to the recommendation
of the Substance Abuse Professional, this agreement shall terminate and a
notice of completion shall be placed in my alcohol and drug file.
Notwithstanding the existence or termination of this agreement, I recognize
that an additional positive drug or alcohol test will result in the termination of
my employment.
Employee Signature Date
Witness Signature Date
Original: Risk Management
cc: Employee
Department Head
December 12, 1996 Page 44
APPENDIX 1
SHERIFF'S DEPARTMENT
Nothing in this Policy and Program shall supersede more stringent procedures
and requirements imposed by the Sheriffs Department.
December 12, 1996 Page 45
E sE L_a� Human Resources
`Contra , --- Department
Costa nn` s
° �. Third Floor,Administration Bldg.
County `` 4° 651 Pine Street
coSrA �v Martinez,California 94553-1292
covx (510)646-4064
Leslie T.Knight
Director of Human Resources
DATE: December 16, 1996
RECEIVED
TO: Jeanne Maglio,
Chief Clerk - Board of Supervisors DEG 1 7 1996
FROM: Kath Ito CLERK BOARD OF SUPERVISORS
Y , CONTRA COSTA CO.
Labor Relations Manager
SUBJECT: Agenda Item No. C.123 - 12/17/96 Board of Supervisors Meeting
Please be advised the County Administrator will inform the Board of Supervisors that
the last paragraph on Page 31 of the Alcohol and Drug Testing Policy and Program
for Commercial Vehicle Drivers dated December 12, 1996 should be changed to
read, in part, "in accordance with Part 6, Employment and Reemployment List, of
the Personnel Management Regulations" instead of "for a period not to exceed four
(4) years."
Thank you.
cc: Phil Batchelor, County Administrator
Leslie Knight, Director of Human Resources
Arthur Walenta, Assistant County Counsel
Ted McHale, Risk Management
Henry Clarke, CCCEA Local One
Louis Kroll, Deputy Sheriff's Association