HomeMy WebLinkAboutC11-211 ECRTA Drug and Alcohol Policy RevisionG Ci
Eagle County Regional Transportation Authority
Drug and Alcohol Policy
1.0 General Policy Statement
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 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
affects 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 focusing on rehabilitation through an effective employee
assistance program.
It is the responsibilities 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 for 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. This material is covered extensively during the
training period and can be reviewed any time by employees.
The Eagle County Regional Transportation Authority initially adopted this policy
at its March 21, 2002 monthly board meeting and the Eagle County Board of
Commissioners adopted the policy on March 26, 2002. The revised current
policy was adopted August 18, 2010 by the ECRTA Board at its monthly board
meeting and the Eagle County Board of Commissioners adopted the policy on
June 14, 2011. 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.
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This policy supersedes all other Eagle County drug, and 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
federal or state regulation shall supersede this policy. 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 effect and consequences of
prohibited drug use on personal health, safety, and the work environment, and
the sign and symptoms, which may indicate prohibited drug use. Compliance
with this policy, including participation in Eagle County's drug and alcohol testing
program, is a required condition of employment.
2.OApplicability
2.1 Categories of Employees
This policy applies to all safety -sensitive and non -safety -sensitive Eagle County
employees, performing services on behalf of the Eagle County Regional
Transportation Authority. This policy applies to all employees while on Eagle
County property or when performing Eagle County business. 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
policy while on Eagle County premises and will not be permitted to conduct
county business if found to be in violation of this policy.
In addition to being subject to all other elements of this policy, employees who
perform safety -sensitive functions for 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 functions:
1. Operation of a revenue service vehicle, whether or not such vehicle is
in revenue services.
2. Controlling dispatch or movement of a revenue service vehicle.
3. Maintaining revenue service vehicle 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.
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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 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
from this policy unless they hold a CDL and are performing safety -sensitive job
functions.
2.2Categories 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 judgment
(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), MDMA (ecstasy), as well as
drugs 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 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 judgment 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 colorless, 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.
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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 . duties, while driving ECO vehicles, and on
lunch or other breaks if the employee is 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 violations of any other
performance code or work rules. For example, an employee who causes an
accident and tests positive for alcohol use will receive separate, consecutive
penalties for both the accident and the positive test. Additionally, an employee
who has excessive absences due to alcohol use will receive separate penalties
for excessive absences 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 or 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, will be subject
to discipline up to and including termination. Law enforcement shall be notified,
as appropriate, where criminal activity is suspected.
3.2lntoxication/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 will be
immediately suspended from job duties pending an investigation and verification
of his or her condition. If found intoxicated by, impaired by, or under the
influence of a prohibited substance, or not fit for duty due to the use of a
prohibited substance if any of the above situations, the employee will be subject
to discipline up to and including termination.
3.3 Positive Drug or Alcohol Test
Eagle County is a zero tolerance employer, a positive drug or alcohol test will be
subject to termination as set forth in this policy. Eagle County considers a
positive confirmatory test for drug use or alcohol concentration of 0.02 or greater
in this zero tolerance policy.
Any hours that an employee loses while removed from service pending report of
a confirmatory test (or for safety -sensitive employees, while removed from
service under section 5.1 of this policy) will be paid until results are verified.
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 terminated immediately.
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 0.02 or greater), will be terminated.
3.4Additional 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, will be subject to discipline up to and
including termination. Such employee will be asked to leave work and subject to
termination.
3.5 Noncompliance with Testing Requirements
Any employee who refuses to comply with an 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, will be treated as if the employee
has received a "verified positive" drug or alcohol test result, will be removed from
service immediately, and will be subject to discipline up to and including
termination. In addition, noncompliance with testing requirements will constitute
a verified positive drug or alcohol test results for purposes of section 5.1 of this
policy (removal of safety -sensitive employees from service).
"Refusal to comply" includes:
• Employee behaves in a confrontational way that disrupts the collection
process.
• Employee fails to follow the observer's instructions to raise and lower their
clothing and to turnaround to permit the observer to determine if the
employee has a prosthetic or other device that could be used to interfere
with the collection process.
• The employee possesses or wears a prosthetic or other device that could
be used to interfere with the collection process.
• Employee refuses to wash his or her hands after being directed to do so..
• Employee verbally refuses to test.
• Employee demonstrates clearly obstructive behavior.
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• Employee fails to immediately report, within 30 minutes of notification, to
the collection site.
• Employee leaves the scene of an accident without a valid reason prior to
testing.
• Employee demonstrates an inability to provide a specimen or breath
sample without a valid medical explanation.
• Employee refuses to sign the US DOT Drug Testing Custody and Control
Form or Step #2 on the US DOT Alcohol Breath Testing Form.
3.6Criminal Convictions
Any employee who is convicted of a crime involving off-site purchase, sale, or
distribution of a controlled substance, DUI, or DWAI, or who fails to immediately
notify his or her supervisor of any such charges, will be subject to discipline up to
and including termination.
3.7 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, will be subject to discipline up
to and including termination.
4.0 Drug and Alcohol Testing
4.1 Test Procedures
Employees will be required to submit to a 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 in 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, 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
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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 Split Sample specimens that are sealed and initialed 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 reviews test results. This action may include 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 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, phencyclidine (PCP) and ecstasy (MDMA). ECO
reserves the right, not based in federal regulations, to test for additional
drugs including: barbiturates, benzodiazodiazephines (e.g. )Ialium,
Librium, Xanax), non -barbiturate sedatives (e.g. Quaalude), and non -
amphetamine 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 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
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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
contact; the MRO's medically licensed or certified staff person may gather
information. If, after reasonable efforts, the MRO cannot reach the employee,
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 able 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 prevented 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.
For cut off concentrations for initial and confirmation tests please refer to
the table in 49 CFR Part 40.87, as amended.
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 non -testable, the MRO shall cancel the
test and report cancellation and the reasons for it to the DOT, ECO and the
employee.
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. sections 40.25 as amended. Specimens and written records shall be stored
by the laboratory, MRO, and ECO as required by 49 CFR sections 40.29 (9),
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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 labeled 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, the 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 0.02 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. If the test is deemed
diluted, the potential employee will have the ability to have one re -test at the cost
of Eagle County,. other re -test must be paid for by the applicant. A verified
positive test 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 a 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 testing pool, they must pass a
Pre -Employment test before resuming duties. Transit Information Service
Representatives will also be drug tested before consideration for employment.
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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 employee's conduct must be reviewed by a supervisor trained in
the detection of drug or alcohol misuse. Supervisors who make reasonable
suspicion determinations of drugs shall receive at least 60 minutes training on
the physical, behavioral, 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 of
probable drug use or alcohol misuse by reviewing the appearance, behavior, and
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 of prohibited 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
judgment 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 conduct the 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 an ECO vehicle (regardless of whether or not the
vehicle is in revenue service) that results in a death, a test 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 cases of nonfatal accident in which either (1) an individual sustains injuries
requiring immediate treatment at a medical treatment facility, (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 and on any other employee whose performance could
have contributed to the accident, or (3) If an ECO employee is issued a citation
or reasonable suspicion of an ECO employee following an accident.
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The decision not to administer a drug and/or alcohol test shall be based on the
employer's determination, using the best available information at the time of the
determination that the employee's performance could not have contributed to the
accident. Such a decision must be documented in detail, including the decision-
making process used to reach the decision not to test.
The above post -accident testing procedures are separate from reasonable -
suspicion testing conducted under section 4.2.2 of this policy.
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 by the
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 this policy, any employee with a verified positive drug or alcohol test will be
terminated and not subject to return -to -duty testing.
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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
employee shall be in a pool from which random selection is made. Each
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
year. Testing is continuous throughout the year, beginning January 1 and non -
halting. Testing is conducted on all days and hours of safety -sensitive operations.
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 functions, just before duty, or
immediately after safety -sensitive duty. Annually the Random testing program
must complete tests equivalent to 25% of the number of covered employees for
drug testing and 10% 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. 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 and post accident 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 and
verified negative.
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 or post accident
test the employee will not be removed from service pending receipt of the test
results.
5.0 Consequences of Positive Tests
5.1 Special Consequences for Safety -Sensitive Employees
A safety -sensitive employee with a verified positive test (i.e. a positive
confirmatory test for drug use or alcohol concentration of 0.02 or greater) shall be
immediately terminated.
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5.2 Discipline
Discipline for a positive drug or alcohol test is set forth in section 3.3 above.
5.3 Employee Assessment
Eagle County is a zero tolerance employer and does not participate in employee
assessment programs.
5.4 Return -to -Duty Requirements
Eagle County is a zero tolerance employer and does not participate in return -to -
duty programs.
6.0 Employees Who Seek Assistance Prior to Positive Testing
Employees are strongly encouraged to seek assistance to overcome alcohol or
drug dependency 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 will be subject to
discipline if these are violated.
If determined necessary by ECO approved medical professionals, medical leaves
of absence may be arranged to allow for proper treatment of employees who
seek assistance with alcohol or drug dependency, and ECO may make other
reasonable accommodations pursuant to federal law on a case by case basis.
ECO offers an Employee Assistance Program (EAP) through Eagle County
which is confidential, voluntary, free of charge (four times per year), and
independent of ECO. EAP counselors 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 as
determined necessary by ECO approved medical professionals or EAP
professionals. An employee who fails to comply with random testing will be
subject to discipline under section 3.3 of this policy.
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7.0 Disclosure
Test results may only be released to: Employee; DOT agency (if requested in
writing); National Transportation Safety Board requests as part of an accident
investigation; Subsequent employers (if requested in writing); 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; and 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.
Any persons with questions regarding this policy or related matters are also
invited to contact ECO's Drug and Alcohol Designated Employee Representative
at (970) 328-3533 or (970) 328-3531 or the Human Resources Department at
(970) 328-8796 or (970) 328-8793.
EAGLE BOARD OF COUNTY COMMISSIONERS
Signed this day2& ofj UN 12011.
J n Stavney Peter F. Runyon Sara J. Fishe
airman Commissioner Commissioner
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