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HomeMy WebLinkAboutC02-071 ECO drug and alcohol policy0, ti -z,- .- 11 -,/) C) DRUG AND ALCOHOL POLICY a a Cot --`71 -, 3 Eagle County Regional Transportation Authority Drug and Alcohol Policy 1.0 General Policy Statement The Eagle County Regional Transportation Authority (ECO) is dedicated to providing safe, dependable and economical transportation services. Eagle County employees are our most valuable resource and it is our goal to provide a healthy, satisfying work environment that promotes personal opportunities for growth. In meeting these goals, it is our policy to (1) assure that employees are not impaired in their ability to perform assigned duties in a safe, productive and a healthy manner; (2) create a workplace environment free from the adverse effects of drug and alcohol substance abuse or misuse; (3) prohibit the unlawful manufacture, distribution, dispensing, possession or use of controlled substances; and (4) to encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties. A successful drug and alcohol program must address the safety implications of drug and alcohol abuse, and must also institute proper procedures and controls guaranteeing accurate drug and alcohol testing results while preserving confidentiality and focussing on rehabilitation through an effective employee assistance program. It is the responsibility of all employees to report to work free of alcohol and controlled substances. At the same time, every effort must be made to protect and respect employees' rights and privacy. Drug and alcohol abuse can have profound effects on the health, work, and personal life not only of the abuser, but also the abuser's family, friends, and the public at large. Employees should be aware of the signs and symptoms of drug and alcohol problems, and of available methods of intervening when a substance abuse problem is suspected. Appendix A to this policy contains additional discussion of these matters. The Eagle County Regional Transportation Authority adopted this policy at its March 21,2002 monthlyboard meeting and the Eagle CountyBoard of Commissioners adopted the policy on March 26, 2002. Many elements of this policy are required by federal regulations covering persons in safety- sensitive positions Other elements of this policy are not required by Federal regulations but are official Eagle County policy. Appendix B to this policy explains which elements are federally required. Page 1 of 16 This policy supersedes all other Eagle County drug, alcohol, or substance abuse policies. To the extent that any elements of this policy may conflict with federal or state regulations as they may be amended or revised in the future, the regulations shall control. Employees are expected to review, be familiar with, and obey this policy and all laws concerning drug and alcohol use and testing. All safety - sensitive Eagle County employees must receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and the signs and symptoms, which may indicate prohibited drug use. Compliance with this policy. including participation in the Eagle County's drug and alcohol testing program, is a required condition of employment. 2.0 Applicability 2.1 Categories of Employees This policy applies to all safety- sensitive and non - safety- sensitive Eagle County employees, preforming services on behalf of the Eagle County Regional Transportation Authority. This policy applies to all employees while on Eagle Countyproperty or when performing Eagle Countybusiness. This policy also applies to off -site lunch periods or breaks when an employee is scheduled to return to work. Visitors, vendors and contract employees are governed by this policywhile on Eagle County premises and will not be permitted to conduct county business if found to be violation of this policy. In addition to being subject to all other elements of this policy, employees who perform safety - sensitive functions for the Eagle County, as that term is defined in federal regulations (49 CFR Parts 40 as amended and 655), are subject to random drug and alcohol testing and other special requirements set forth in this policy. Generally, a safety - sensitive function occurs when an employee is performing or immediately available to perform any duty related to the safe operation of mass transit services. The following are safety - sensitive fumctions: 1. Operation of a revenue service vehicle, whether or not such vehicle is in revenue service. 2. Controlling dispatch or movement of a revenue service vehicle. 3. Maintaining revenue service vehicles or equipment used in revenue service. 4. Operating a non - revenue service vehicle when required to be operated by a holder of a commercial driver's license. 5. Carrying a firearm for security purposes. 6. Supervising where the supervisor performs any function listed in items 1 -5 above. Eagle County has reviewed the actual duties performed by employees in all job classifications to determine which positions or functions of positions are safety - sensitive. An analysis will be performed if any new job classifications are developed to determine if the new job classification should be considered safety- sensitive. A list of safety- sensitive positions is attached as Appendix C Page 2 of 16 to this policy. This list may not be all- inclusive: any employee unsure if their position is safety - sensitive should check with their supervisor. Volunteers are excluded form this policy unless they hold a CDL and are performing safety- sensitive job functions. 2.2 Categories of Prohibited Substances This policy applies to controlled substances (section 2.2.1); legal drugs or medications which may impair mental functioning, motor skills or judgement (section 2.2.2); and alcohol (section 2.2.3). For ease of reference, these substances are collectively referred to in this policy as "prohibited substances" unless otherwise noted. 2.2.1 Controlled Substances Controlled substances are any drug or other substance identified in Schedules I through V of the Federal Controlled Substance Act (21 USC section 801 et seq.), federal regulations at CFR sections 1300.11 through 1300.15. and the Colorado Controlled Substance Act (CRS section 12 -22 -301), all as amended. Controlled substances include, but are not necessarily limited to: marijuana, cocaine, opiates, amphetamines, and PCP (phenylcyclidine ), as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration of the U.S. Food and Drug Administration. 2.2.2 Legal Drugs or Medications The appropriate use of legally prescribed or non - prescription drugs or medications is not prohibited. A legally prescribed drug or medication is one for which the employee has a prescription or other written authorization from a licensed health care provider permitted by law to prescribe or dispense drugs or medications. The authorization must include the employees name, the name of the substance, the amount to be taken; and the period of authorization. The use of any substance that carries a warning label that indicates that mental functioning motor skills, or judgement may be adversely affected should be reported to supervisory _ personnel and medical advice should be sought, as appropriate, before performing work related duties. 2.2.3 Alcohol Alcohol is a colourless, volatile liquid that is the intoxicating agent in fermented and distilled beverages. It also includes ethyl- alcohol or other low molecular weight alcohols including methyl or isopropyl alcohol. Alcohol can be found in certain medications as well as in alcoholic beverages. 2.3 Hours of Compliance Employees are subject to this policy while on Eagle County duty, while on the property of ECO to perform ECO duty, while driving ECO vehicles, and on lunch or other breaks if the employee is Page 3 of 16 C scheduled to return to work when the break ends. Employees are subject to this policy on regularly scheduled days, and when volunteering for or assigned to extra work on days off, holidays, etc. Safety- sensitive employees are also subject to this policy at additional times set forth in section 3.4 of this policy. 3.0 Prohibited Conduct; Discipline Discipline under this policy is independent of discipline for violation of any other performance code or work rules. For example, an employee who causes an accident and tests positive for alcohol use may receive separate, consecutive penalties for both the accident and the positive test. Additionally, an employee who has excessive absents due to alcohol use may receive separate penalties for excessive absents and alcohol use. In addition to any disciplinary action taken under this policy, law enforcement authorities may be notified where criminal activity is suspected in connection with any of the following prohibited conduct. 3.1 Possession of Use of Prohibited Substances at ECO Any employee found to manufacture, distribute, dispense, sell, possess, or use prohibited substances while on Eagle County duty, while on the property of ECO to perform ECO duty, while driving ECO vehicles, and on lunch or other breaks if the employee is scheduled to return to work when the break ends, may be subject to discipline up to and including termination. Law enforcement shall be notified, as appropriate, where criminal activity is suspected. 3.2 Intoxication/Under Influence Any employee reasonably suspected of being intoxicated by, impaired by, or under the influence of a prohibited substance, or of being not fit for duty due to use of a prohibited substance, while on ECO duty, while on the property of ECO to perform ECO duty, while driving ECO vehicles, and on lunch or other breaks if the employee is scheduled to return to work when the break ends may be immediately suspended from job duties pending an investigation and verification of his or her condition. If found to be intoxicated by, impaired by, or under the influence of a prohibited substance, or not fit for duty due to use of a prohibited substance in any of the above situations, maybe subject to discipline up to and including termination. 3.3 Positive Drug or Alcohol Tests Positive drug or alcohol tests maybe subject to discipline up to and including termination as set forth in this policy. In addition, sections 5.3 and 5.4 of this policy specify an employee assessment and return -to -duty requirements following a verified positive test (i.e., a positive confirmatory test for drug use or alcohol concentration of 0.04 or greater). Page 4 of 16 r� Any time that an employee loses while removed from service pending report of a confirmatory test (or for safety- sensitive employees, while removed form service under section 5.1 of this policy) will be counted towards disciplinary suspension time. 3.3.1 Alcohol Test of 0.02 but less than 0.04 Federal law requires ECO to remove a safety - sensitive employee from service as provided in Section 5.1 of this policy if a confirmatory breath alcohol test indicates an alcohol concentration of 0.02 or greater but less than 0.04. To deter such conduct, a safety - sensitive employee with a confirmatory breath alcohol test of 0.02 or greater but less than 0.04 will be asked to leave work for a 24 hour period. Such leave will be unpaid. Additionally, the following discipline may be imposed: 1. First violation within a 12 -month period: Discipline may be removal from service with three day suspension; warning letter; and a recommendation that the employee seek assistance from the Employee Assistance Program (EAP), or the employee may be terminated. For a first violation within a 12 -month period when the employee is already subject to the return -to -duty requirements of section 5.4 of this policy, discipline will be automatic termination due to a violation of re -entry contract. 2. Second violation within a 12 -month period: Disciplined as an excessively absent employee. Discipline will be automatic termination. 3.3.2 Verified Positive Test Any employee with a "verified positive" drug or alcohol test, as that term is defined in section 4.1 of this policy (i.e. a positive confirmatory test for drug use or alcohol concentration of 0.04 or greater), may receive the following discipline: 1. First violation within a 12 month period: Indefinite unpaid suspension until an employee assessment can be completed by the SAP and return-to -duty requirements of section 5.3 and 5.4 of this policy are met. Discipline maybe removal from service with three day suspension; warning letter; and a recommendation that the employee seek assistance from the Employee Assistance Program (EAP), or the employee may be terminated. For a first violation within a 12 -month period when the employee is already currently subject to the return -to -duty requirements of section 5.4. of this policy, the employee may be terminated. 2. Second violation within a 12 -month period: The employee will be terminated. Page 5 of 16 3.4 Additional Prohibitions for Safety- Sensitive Employees Any safety- sensitive employee who uses alcohol within eight hours prior to duty, or during otherwise specified on -call hours, maybe subj ect to discipline up to and including termination. Such employee maybe asked to leave work and subject to termination for excessive absenteeism. 3.5 Noncompliance with Testing Requirements Any employee who refuses to comply with a ECO request for drug or alcohol testing, provides false information in connection with a drug or alcohol test, or attempts to falsify drug or alcohol test results through tampering, contamination, adulteration, or substitution of a test sample, may be treated as if the employee has received a "verified positive" drug or alcohol test result, may be removed from service immediately, and maybe subject to discipline up to and including termination. In addition, noncompliance with testing requirements may constitute a verified positive drug or alcohol test result for purposes of section 5.1 of this policy (removal of safety- sensitive employees from service). "Refusal to comply" includes verbal refusal, clearly obstructive behavior, failure to immediately report, within 30 minutes of notification, to the collection site. leaving the scene of an accident without valid reason prior to testing, and inability to provide a specimen or breath sample without a valid medical explanation. Refusal to sign the US DOT Drug Testing Custody and Control Form or Step #2 on the US DOT Alcohol Breath Testing form. 3.6 Criminal Convictions Any employee who is convicted of a crime involving off -site purchase, sale, or distribution of a controlled substance, DUI, or DAI, or who fails to immediately notify his or her supervisor of any such charges, may be subject to discipline up to and including termination. 3.7 Noncompliance with Treatment Requirements Under certain circumstances, federal law requires ECO to impose and monitor treatment of ECO employees for substance abuse, and to set aftercare and return-to -duty requirements (see sections 5.3 and 5.4 of this policy). Any employee who refuses or fails to comply with ECO requirements for substance abuse treatment, aftercare or return-to -duty may be subject to discipline up to and including termination. 3.8 Improper Use of Policy Supervisors, managers, and employees are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any employee who knowingly disregards the requirements of this policy, or who deliberately misuses or misapplies this policy against any other employee, may be subject to discipline up to and including termination. Page 6 of 16 0 01 4.0 Drug and Alcohol Testing 4.1 Test Procedures Employees may be required to submit to urine drug testing and/or breath alcohol testing under circumstances set forth in this policy. Testing shall be conducted in a manner to protect the rights of the employee, assure the integrity of the drug testing process, safeguard the validity of the test results and ensure that the test results are attributed to the correct employee. Tests will use techniques, equipment and laboratory facilities which have been approved by the federal government. All testing will be conducted consistent with federal requirements in 49 CFR Part 40 as amended and 655. ECO will strictly adhere to all standards of confidentiality. Testing records and results will be released only to those authorized by federal and state regulations to receive such information. ECO will strive to protect employees' rights to dignity, privacy, and confidentiality throughout the testing process. 4. 1.1 Drug Testing Procedures ECO will, when testing for the presence of illegal drugs or alcohol misuse, will protect the employee and the integrity of the drug and alcohol testing process, safeguard the validity of the test results, and ensure the test results are attributed to the correct covered employee. This will be accomplished by conducting all drug and alcohol testing in accordance with the procedures set forth in 49 CFR Parts 40. And 655 as amended. The integrity of this process is insured through, picture identification of the employee, Federal Drug Custody and Control form is completed correctly and signed and certified by a trained collections site person who insures that the Custody and Control Form with unique specimen identification number completed by a trained collection site person who issues the Custody and Control Form is completed correctly and signed and certified by the donor, collection of a Split Sample specimens that are sealed and initialled by the donor. The integrity of the alcohol testing process is insured by picture identification of the employee, use of an approved Evidential Breath Testing Device that displays and prints unique sequential numbers and is capable of producing 3 copies of the test results. The test is administered by a certified BAT. The BAT completes a Federal Breath Alcohol Testing form and insures that it is signed by the donor. ECO will designate a medical review officer (MRO) to receive drug test results and evaluate, interpret and verify the results in conjunction with an employee's medical history, to determine whether a positive drug test result was caused by the use of controlled substances or by an employee's medical condition, The MRO shall be a licensed physician (doctor of medicine or osteopathy) with knowledge of drug abuse disorders. In carrying out his or her responsibilities, the MRO shall examine alternate medical explanations for any positive test result. This action may include conducting a medical interview and review of the individual's medical history, or review of any other relevant biomedical factors. The MRO's staff is required to perform an administrative review on all negative tests with the MRO reviewing a minimum of 5% of them per quarter. When Page 7 of 16 z the MRO discovers problems with a test, either in the Custody and Control form or the testing at the laboratory that cannot be resolved, the test is cancelled, not reported as a negative. The MRO will protect the integrity of the testing process in reviewing, interpreting and verifying test results using procedures set forth in 49 CFR Part 40. The MRO shall review all medical records made available by the tested individual when a confirmed positive test could have resulted from legally prescribed medication. The MRO shall not, however, consider the results of urine samples that are not obtained or processed in accordance with 49 CFR Parts 40. Pursuant to federal regulations, drugs to be tested for are marijuana, cocaine, opiates, amphetamines. and phencyclidine (PCP). ECO reserves the right, not based in federal regulations, to test for additional drugs including barbiturates, benzodiazodiazephines (e.g. Valium, Librium, Xanax), nonbarbiturate sedatives (e.g. Quaalude), and nonamphetamine stimulants, by separate urine specimen if there is reasonable suspicion of such drug use (see section 4.2.2 of this policy). An initial drug screen will be conducted on each urine sample at a laboratory certified by the U.S. Department of. Health and Human Services. For specimens that are not negative, a second, confirmatory test will be performed using a gas chromatography /mass spectrometry device. The second test will be considered a "verified positive" test under this policy if the amounts present in the confirming test are above the minimum thresholds established by federal regulations at 49 CFR Parts 40.87 and the MRO determines that the positive result was caused by the use of controlled substances. Before verifying that an employee has a positive test result. the MRO is responsible for contacting any such employee, on a direct and confidential basis, to determine whether the employee wishes to discuss the test or present a legitimate explanation for the positive result. An MRO staff person may make the contact; the MRO's medically licensed or certified staff person may gather information. If, after reasonable efforts, the MRO may contact ECO's designated management official for assistance in contacting the employee. ECO's Designated Employee Representative will take maximum precautions to preserve the confidentiality of the MRO contact. If, after making all diligent and reasonable efforts, neither the MRO nor ECO's Designated Employee Representative are unable to contact the employee within fourteen (14) days of the date the MRO received the confirmed positive test result from the laboratory, the MRO may verify the test result as positive. The MRO may reopen the verification of positive test if the employee presents documentation of serious injury or illness or other circumstances which unavoidably prevent the employee from being contacted within the designated time period, and if the employee then presents a legitimate (in the MRO's opinion) explanation for the positive test, the MRO shall declare the test to be negative. Page 8 of 16 1 For the initial drug screen, minimum positive thresholds are: Marijuana metabolites 50 ng/mL Cocaine metabolites 300 ng/mL Opiate metabolites 2000 ng/mL *(25 ng/mL if immunoassay specific for free morphine) Phencyclidine 25 ng/mL Amphetamines 1000 ng/mL For the confirmatory test, minimum positive thresholds are: Marijuana metabolite* 15 ng /mL * ( delta -9- tetrahydrocannabinol- 9- carboxylic acid ) Cocaine metabolite ** 150 ng /mL * *(benzoylecgonine } Opiates: Morphine 2000 ng /mL Codeine 2000 ng /mL Phencyclidine 25 ng /mL Amphetamines: Amphetamine 500 ng /mL Methamphetamine * ** 500 ng/mL ** *(specimen must also contain amphetamine at a concentration greater than or equal to 200 ng /mL) The MRO shall notify each employee who has a confirmed positive test that the employee has 72 hours in which to request a test of a split specimen provided at the same time as the original sample. If the employee requests an analysis of the split specimen within 72 hours of having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory to provide the split specimen to another DHHS- certified testing laboratory for analysis. All costs for such testing shall be paid by the employee (by payroll deductions if necessary) unless the additional test invalidates the confirmatory test. The methods of collecting, storing, and testing the split sample will be consistent with 49 CFR Parts 40 as amended. If analysis of the split specimen fails to reconfirm the presence of the drug(s) or metabolite(s} found in the primary specimen, or if the split specimen is unavailable, inadequate for testing, or untestable, the MRO shall cancel the test and report cancellation and the reasons for it to the DOT, ECO and the employee. Page 9 of 16 Federally - mandated urine and breath forms must be used for all federally- mandated testing. Specimens shall be collected and identified as required by 49 CFR section 40.25 as amended. Specimens and written records shall be stored by the laboratory, NIRO, and ECO as required by 49 CFR sections 40.29(9), 40.29(h) and 40.35 as amended. Among other requirements, all records pertaining to a given urine specimen shall be retained by the drug testing laboratory for a minimum of 2 years, and all specimens confirmed positive shall be kept in their original labelled bottles and placed in a properly secured long -term frozen storage for a minimum of 1 year. The laboratory shall be required to maintain any specimens known to be under legal challenge for an indefinite period. ECO's contracts with laboratories shall require that the laboratory maintain employee test records in confidence. as provided in DOT agency regulations; and that the laboratory shall disclose information related to a positive drug test of an individual to the individual, the employer, or the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual and arising from a certified positive drug test. 4.1.2 Alcohol Test Procedures Alcohol tests will be performed with an NHTSA- approved evidential breath testing (EBT) device operated by a trained breath alcohol technician (BAT). If the initial test indicates an alcohol concentration of 0.02 or greater, a second, confirmatory test will be performed. If the confirmatory test indicates an alcohol concentration of 0.04 or greater, the confirming test will be considered a "verified positive" test under this policy. 4.2 Categories of Tests 4.2.1 Pre - Employment Testing All applicants for employment in safety- sensitive positions will be tested prior to employment at ECO, and prior to transfer from a non - safety- sensitive position into a safety sensitive position. Receipt by ECO of satisfactory test results is required prior to employment in a safety- sensitive position or transfer to a safety- sensitive position. A verified positive test (i.e. apositive confirmatory test for drug use or alcohol concentration of 0.04 or greater) will disqualify an applicant from again applying for employment or transfer for five years; in addition, the applicant must provide evidence from a Substance Abuse Professional (SAP) of absence of drug or alcohol dependency prior to further consideration of any subsequent application ECO must receive a negative test result before an applicant can begin performing safety sensitive duties or transferring a current employee into safety sensitive duties. If the test is cancelled the applicant must retake and pass a drug test before performing safety - sensitive duties. If a safety- sensitive employee returns to safety sensitive duties that has been off for more than 90 days and has not remained in the random pool, they must pass a Pre - Employment test before resuming duties. Transit Guest Attendants will also be drug tested before consideration for employment. Page 10 of 16 4.2.2 Reasonable Suspicion Testing An employee will be tested where there is reasonable suspicion that the employee has engaged in drug or alcohol use. To come under reasonable suspicion, the employees conduct must be reviewed by a supervisor trained in the detection of drug or alcohol misuse. Supervisors who make reasonable suspicion determinations of drug use shall receive at least 60 minutes of training on the physical, behavioral, and performance indicators of probable drug use. Supervisors designated to determine whether reasonable suspicion exists for alcohol testing shall receive at least 60 minutes of training on the physical, behavioural. speech and performance indicators of probable alcohol misuse. Reasonable suspicion testing is required when one trained supervisor can articulate and substantiate physical, behavioral and performance indicators ofprobable drug use or alcohol misuse byreviewing the appearance, behavior, speech or body odors of the employee. Examples of conditions which may result in reasonable - suspicion testing include, but are not limited to, the following: 1. Physical signs and symptoms consistent with use of prohibited substances. 2. Evidence of manufacture, distribution, dispensing, possession or use ofprohibited substances. 3. Occurrence of a serious or potentially serious accident that may have been caused by human error. 4. The employee is involved in an accident in which, at the reasonable discretion of the supervisor negligence, carelessness or poor judgement may have been involved. 5. Fights involving physical contact, assaults. and flagrant disregard or violation of established safety, security, or other operating procedures. The supervisor making the decision to reasonable suspicion test may not act as the BAT or SIT for that test. 4.2.3 Post Accident Testing In case of an accident involving a ECO vehicle (regardless of whether or not the vehicle is in revenue service) that results in a death, tests will be conducted on all employees on duty in the ECO vehicle and on any other employee whose performance could have contributed to the accident. In case of a nonfatal accident in which either (1) an individual sustains injuries requiring immediate treatment at a medical treatment facility, or (2) the ECO vehicle is a bus. van or automobile and one or more vehicles incur disabling damage that requires towing from the site, tests will be conducted on all employees on duty in the ECO vehicle (unless the employee's behavior can be completely discounted as a contributing factor to the accident) and on any other employee whose performance could have contributed to the accident. The above post- accident testing procedures are separate from reasonable- suspicion testing conducted under section 4.2.2 of this policy. Page 11 of 16 Post - accident testing will be done as soon as possible, preferably within two hours of the accident, but no later than eight hours after the accident for alcohol testing and 32 hours after the accident for drug testing. If unable to obtain a specimen within two hours, necessary documentation shall be completed bythe supervisor and attempts shall be continued until an adequate specimen is collected. An employee involved in an accident must not use alcohol until after the employee undergoes alcohol testing or eight hours have elapsed, whichever comes first. If the employee is unable to physically consent to post- accident testing, then tests may be conducted without verbal or written consent under ECO authority. The results of a blood, urine, or breath test conducted by Federal, State, or local officials shall be considered to meet the requirements of this section, provided such test conforms to the applicable Federal, State, or local testing requirements, and that the test results are obtained by ECO. Nothing in this policy 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. However, any employee who under the above circumstances fails to remain readily available for drug and alcohol testing (including notifying ECO of his or her location), or who otherwise leaves the scene of an accident without appropriate authorization prior to submission to drug and alcohol testing, will be considered to have refused the test. Under section 3.5 of this policy, leaving the scene of an accident without valid reason is a serious violation subject to discipline up to and including termination. 4.2.4 Return-to -Duty Testing As part of the employment assessment and return -to -duty requirements set forth in sections 5.3 and 5.4 of this policy, any employee with a verified positive drug or alcohol test (i.e. a positive confirmatory test for drug use or alcohol concentration of 0.04 or greater) must test negative for drugs and alcohol before returning to work, and will be subject to random drug and alcohol testing after returning to work. 4.2.5 Random Testing Employees in safety- sensitive positions will be subjected to unannounced random drug and alcohol testing in accordance with FTA regulations. Each such employee shall be in a pool from which random selection is made. Each such employee shall have an equal chance at selection and shall remain in the pool even after being tested. The basis for random selection shall be by a scientifically valid random number generation method initiated by a random selection computer program. To ensure that employees have a reasonable expectation that they might be called for a test on any day they are at work, the dates for random testing shall be spread reasonably throughout the calendar Page 12 of 16 year. Testing is continuous throughout the year, beginning January 1 and non- halting. Testing is conducted on all days and hours of safety- sensitive operation. Random tests are unannounced and immediate. Employees are required to proceed to the test site immediately upon notification. Drug testing must occur while the employee is on safety- sensitive duty. Alcohol testing may occur while the employee is performing safety - sensitive fumctfiions, just before duty, or immediately after safety - sensitive duty. Random testing must annually complete tests equivalent to 50% of the number of covered employees for drug testing and 25% of the number of covered employees for alcohol testing. Random drug testing shall otherwise conform to and not exceed the testing required under 49 CFR sections 653.47 and 654.35 as amended, current annual rates are 50 percent of employees must be randomly drug tested and 10 percent of employees must be randomly tested for alcohol. Random testing may also be conducted pursuant to other sections of this policy. 4.3 Employee Status Pending Test Results With the exception of random testing, an employee who is tested for drugs or alcohol will be immediately removed from service without pay and will not be allowed to return to work until test results are reported. If a negative test result is reported, either from an initial test or a confirmatory test, the employee will be notified immediately, returned to work, and compensated for the period of absence from work. As a general rule, when an employee is sent for a random test, the employee will not be removed from service pending receipt of test results. 5.0 Consequences of Positive Tests 5.1 Special Consequences for Safety- Sensitive Employees A safety- sensitive employee with a confirmatory alcohol test result of 0.02 or greater but less than 0.04, shall be immediately removed from service for a 24 hour period. Such time shall be unpaid. The employee will be subject to termination for excessive absenteeism. A safety- sensitive employee with a verified positive test (i.e. a positive confirmatory test for drug use or alcohol concentration of 0.04 or greater) shall be immediately removed from service until after an employment assessment and release to return to duty by a Substance Abuse Professional (SAP) under section 5.3 of this policy. 5.2 Discipline Discipline for a positive drug or alcohol test is set forth in section 3.3 above. 5.3 Employment Assessment Page 13 of 16 Any employee with a verified positive test (i.e. a positive confirmatory test for drug use or alcohol concentration of 0.04 or greater) will be immediately removed from duty and must be promptly assessed by a Substance Abuse Professional (SAP). An SAP is either (1) a licensed physician, or a licensed or certified psychologist, social worker, or employee assistance professional with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug related disorders; or (2) an addiction counsellor certified by the National Association of Alcoholism and Drug Abuse Counsellors Certification Commission. The SAP will evaluate each employee to determine what assistance, if any, the employee needs in resolving problems associated with prohibited substance abuse or misuse. Assessment by a SAP does not exempt an employee from discipline, and does not guarantee continued employment or reinstatement. The cost of any treatment or rehabilitation services will be paid by the employee or the employee's own insurance provider. If the SAP releases the employee to return to duty, the employee must promptly follow the rehabilitation program prescribed by the SAP, must pass a return-to -duty test, and must fulfill the return-to -duty requirements of section 5.4 of this policy. 5.4 Return-to -Duty Requirements Employees who re -enter the workforce following (1) completion of a disciplinary suspension for a verified positive drug or alcohol test, (2) a favourable employment assessment, (3) successful return- to -duty testing, and (4) agreement to re -entry contract, shall be subject to the following requirements: 1. Random, unannounced drug and alcohol testing for one to five years depending on the circumstances of the case and as recommended by the SAP. Safety - sensitive employees must be subjected to and pass a minimum of six tests within the first 12 months back in safety- sensitive duties. 2. An agreement to follow specified after -care requirements recommended by the SAP, with the cost of such requirements to be borne by the employee or the employee's own insurance provider. 3. Compliance with all recommendations of the SAP, and release to ECO from each treatment provider ofrecords of attendance. recommendations, and compliance. An employee's violation of the above requirements may be grounds for termination under section 3.8 of this policy. 6.0 Employees Who Seek Assistance Prior to Positive Testing Employees are strongly encouraged to seek assistance to overcome alcohol or drug dependency Page 14 of 16 r problems before accidents or violations of this policy occur. ECO is strongly committed to working in a positive manner with such employees. Employees who seek assistance with alcohol or drug dependency by participating in appropriate treatment and/or rehabilitation programs will NOT be subject to discipline for their participation in such programs. Employees participating in or completing a treatment or rehabilitation program will continue to be required to comply with ECO performance standards, policies, and rules and regulations. including but not limited to this policy, and may be subject to discipline if these are violated. If determined necessaryby ECO-approved medical professionals, medical leaves of absence maybe arranged to allow for proper treatment of employees who seek assistance with alcohol or drug dependency, and ECO maymake otherreasonable accommodations pursuant to federal law on a case by case basis. ECO offers an Employee Assistance Program (EAP) which is confidential, voluntary, free of charge (three times per year), and independent of ECO. EAP counsellors can provide drug or alcohol treatment and/or rehabilitation programs. Employees can call the EAP office directly and confidentially at (970) 328 -6969 to obtain additional information and to make an appointment. Alternatively. ECO encourages employees with dependency problems to seek assistance through appropriate treatment or rehabilitation programs with qualified Substance Abuse Professionals of their choice. Upon successful completion of a treatment or rehabilitation program for drug or alcohol dependency, an employee will be subject to random testing for one year. An employee who fails to comply with random testing may be subject to discipline under section 3.5 of this policy. 7.0 Disclosure Test results may only be released to: Employee, if requested in writing .DOT agency. National Transportation Safety Board requests as Parts of an accident investigation. Subsequent employers, if requested in writing by the employee, Decision -maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the employee and arising from the result of a drug or alcohol test administered under FTA's rules. Other identified persons as requested in writing by the employee. 8.0 System Contact Employees are expected to fully understand and obey this policy If you have any questions about this policy or its effect on you, please ask your supervisor. Anypersons with questions regarding this Page 15 of 16 B a � policy or related matters are also invited to contact ECO's Drug and Alcohol Designated Employee Representative at (970) 328 -3535 or (970)328 -3531 or the Human Resources Department at (970) 328 -8796 or (970) 328 -8793. Page 16 of 16 11106. diI. T 'I C. Slone • ( .v-