HomeMy WebLinkAbout081318_ca01 Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator
Erin Lundgren, Clerk of the Board
DATE: August 13, 2018
SUBJECT: RESOLUTION re: Adopting an Updated Drug and Alcohol Testing Policy and
Procedures Manual for Employees who hold a Commercial Driver's License as a
Condition of Employment
STATEMENT OF ISSUE:
Jefferson County's Drug and Alcohol Testing Policy and Procedures was adopted by resolution on December
11, 1995. Changes to federal regulations require that the policies and procedures be updated to incorporate
federal requirements, differentiate employer policy, and include current information regarding Medical
Review Officer, Consortium facts, and employer contacts.
ANALYSIS:
Public Works staff prepared the attached Drug and Alcohol Testing Policy and Procedures to reflect changes
to federal regulations. Jefferson County is a member of a consortium through the Association of Washington
Cities (AWC) who contracts with A Worksafe Services, Inc. to manage drug and alcohol testing. The policy
and procedures were reviewed by a representative from A Worksafe Services, Inc., Public Works
management and staff, Central Services management and staff, human resources and County administration,
and the Chief Civil Deputy Prosecuting Attorney. The updated policy and procedures will replace those
adopted in December 1995.
RECOMMENDATION:
Approve and sign the resolution.
REVIEW I BY:
'ffit y, Count, i %mimstrator Date
STATE OF WASHINGTON
County of Jefferson
In the Matter of Adopting an Updated Drug and }
Alcohol Testing Policy and Procedures Manual } RESOLUTION NO.
For Employees who hold a Commercial Driver's }
License as a Condition of Employment }
WHEREAS, Federal law and regulations require alcohol and controlled substances testing
programs for persons in the transportation industry whose job duties require a valid Commercial Driver's
License; and
WHEREAS, said programs must address pre-employment, reasonable suspicion, random, post-
accident and return to duty testing of drivers for the use of alcohol or controlled substances in violation of
Federal law or regulation; and
WHEREAS, Jefferson County employs individuals who are required to hold a Commercial
Driver's License as a condition of employment and is subject to the Federal laws and regulations; and
WHEREAS, Federal laws and regulations require the County to develop and adopt a drug and
alcohol testing policy and testing procedure consistent with Federal requirements; and
WHEREAS, the County has developed a policy and has entered into a contract with a Drug and
Alcohol Testing Consortium to carry out the testing and reporting requirements of the policy; and
WHEREAS, this policy is forwarded to assure compliance with Federal law and regulations, as
well as the protection of the motoring public.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Jefferson County Commissioners
hereby adopt the Jefferson County Drug and Alcohol Testing Policy to govern in the case of employees
holding a Commercial Driver's License as a condition of employment with Jefferson County.
BE IT FURTHER RESOLVED, that this Resolution repeals and replaces Resolution No. 120-95.
APPROVED this day of August, 2018.
SEAL: JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chair
ATTEST:
Kathleen Kler, Member
Carolyn Gallaway,
Deputy Clerk of the Board Kate Dean, Member
JEFFERSON COUNTY, WA
DRUG & ALCOHOL POLICY &
PROCEDURES FOR HOLDERS OF A
COMMERCIAL DRIVERS LICENSE
AUGUST 13, 2018
JEFFERSON COUNTY DRUG&ALCOHOL POLICY&PROCEDURES 8/13/18
Contents
Article 1.0 Introduction 1
Article 2.0 Purpose of this Policy 1
Article 3.0 Relationship to County-Wide Alcohol&Drug Free Workplace Policy&Procedures 1
Article 4.0 Covered Employees 1
Article 5.0 References 2
Section 5.1 Federal 2
Section 5.2 State 2
Section 5.3 Jefferson County 2
Article 6.0 Terms and Definitions 2
Article 7.0 Prohibited Conduct 4
Section 7.1 Prohibited Conduct Under This Policy 4
7.2 Knowledge of Driver Violation 5
Article 8.0 Other Alcohol Related Conduct 5
Article 9.0 Prescription and Other Medications 5
Section 9.1 Notification of Legally Prescribed Medication 5
Section 9.2 Non-Notification of Legally Prescribed Medication 5
Article 10.0 Refusal to Test 6
Section 10.1 Refusal to Test Definitions 6
Section 10.2 Failure to Comply 6
Article 11.0 Consequences for Violations 7
Section 11.1 Disciplinary Action 7
11.1.1 Breath Alcohol Level of 0.02 or Greater, But Less than 0.04. 7
11.1.2 Breath Alcohol Level of 0.04 or Greater 7
11.1.3 Positive Drug Test 7
11.1.4 Review Board 7
Section 11.2 Rehabilitation Provisions(Non-Termination) 8
11.2.1 Last Chance Agreement 8
11.2.2 Return to Work 8
11.2.3 Required Follow up Random Testing 8
Article 12.0 Controlled Substances and Alcohol Testing 8
Section 12.1 Pre-Employment Testing 8
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12.1.1 Pre-Employment Candidates 8
12.1.2 Positive Pre-Employment Result 8
12.1.3 Return to Duty Documentation 9
12.1.4 Current Employees 9
12.1.5 Positive Result County Employee 9
Section 12.2 Post-Accident Testing 9
12.2.1 Notification 9
12.2.2 Alcohol Testing 9
12.2.3 Drug Testing 9
12.2.4 Alcohol Consumption Post-Accident 10
12.2.5 Non-Compliance 10
12.2.6 Cooperation with Law Enforcement 10
12.2.7 Supervisor Responsibility 10
Section 12.3 Random Testing 10
12.3.1 Consortium Testing Pool 10
12.3.2 Annual Random Testing Rate 10
12.3.3 Monthly Testing 10
12.3.4 Scheduled Tests 11
12.3.5 Testing Acknowledgment 11
12.3.6 Positive Alcohol Test 11
Section 12.4 Reasonable Suspicion Testing 11
12.4.1 Supervisor Responsibility 11
12.4.2 Alcohol Testing 11
Section 12.5 Return to Duty and Follow-Up Testing 11
12.5.1 Return to Duty Testing 12
12.5.2 Follow up Testing 12
Section 12.6 After Hours Testing 12
Article 13.0 Financial Responsibility 12
Section 13.1 For Time Spent Testing 12
Section 13.2 Employee Responsibility 12
Section 13.3 Waiting for Results 12
13.3.1 Alcohol Concentration of 0.02 but less than 0.04 13
13.3.2 Positive Drug Test or Alcohol Test Result of 0.04 or Higher 13
Section 13.4 Employment Status 13
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Article 14.0 Circumstances for Testing 13
Article 15.0 Testing Procedures 13
Section 15.1 Negative Dilute Specimens 13
Section 15.2 Medical Review 13
Section 15.3 Analysis of Split Sample 13
Article 16.0 Confidentiality 14
Article 17.0 Training&Education 14
Article 18.0 Voluntary Referral/Employee Assistance Program 14
Section 18.1 Voluntary Referral 14
Section 18.2 Non-Interference 15
Section 18.3 Return to Work After Voluntary Referral 15
Certificate of Receipt 16
Attachment A 17
Consortium/Third Party Administrator 17
Consortium Testing and Laboratory Services 17
Employee Assistance Program(EAP) 17
Medical Review Officer(MRO) 17
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JEFFERSON COUNTY DRUG&ALCOHOL POLICY& PROCEDURES 8/13/18
Article 1.0 Introduction
The County has a significant interest in the health and safety of its employees and citizens. In furtherance of that
interest, it is the policy of the County to take those steps necessary to ensure that its employees perform their
duties and responsibilities free from the influence of drugs and alcohol.
Article 2.0 Purpose of this Policy
Regulations issued by the United States Department of Transportation(USDOT)and the Federal Motor Carrier
Safety Administration(FMCSA)mandate urine controlled substance and evidential breath alcohol testing for
employees in safety-sensitive positions, including those who are required to hold a Commercial Driver's License.
The testing program was implemented to help prevent accidents and injuries resulting from the misuse of alcohol
or use of controlled substances by drivers of commercial vehicles.
The purpose of this policy is to comply with 49 CFR Parts 40 and 382,as amended, and to outline County policy
in implementation of these regulations. Portions of this policy are not FMCSA mandated,but reflect County
policy. These additional provision are identified by bold text.
In addition, DOT has published 49 CFR Part 32, implementing the Drug-Free Workplace Act of 1988, which
requires the establishment of drug-free workplace policies.
Article 3.0 Relationship to County-Wide Alcohol & Drug Free
Workplace Policy & Procedures
All County employees are subject to the provisions of the Drug-Free Workplace Act of 1988. This policy applies
only to Covered Employees and is in addition to the County-wide Alcohol&Drug Free Workplace Policy&
Procedures,adopted in part to comply with the Drug-Free Workplace Act of 1988 that is contained in the County
Personnel Administration Manual,as it now exists or as it may be amended in the future. For the avoidance of
doubt, Covered Employees must also comply with the County-wide Alcohol&Drug Free Workplace Policy&
Procedures.
This policy replaces the policy in Resolution No. 120-95 adopted December 11, 1995 for drug testing. Any
reference to Resolution No. 120-95 in the County Personnel Administration Policy is revised to reference this
policy.
Article 4.0 Covered Employees
The following groups of employees,who will be operating a commercial motor vehicle requiring a Commercial
Learner's Permit(CLP)or Commercial Driver's License(CDL),are required to participate in the controlled
substances and alcohol testing program as a condition of employment in accordance with 49 CFR Parts 40 and
382:
A. Regular employees who are required to operate a commercial vehicle as part of their routine job duties.
B. Temporary employees who are required to operate a commercial vehicle as part of their routine job
duties.
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JEFFERSON COUNTY DRUG&ALCOHOL POLICY&PROCEDURES 8/13/18
C. Any employee who possesses a Commercial Driver's License who may at any time operate a commercial
vehicle on an on-call, emergency or unscheduled basis(including supervisory employees who may be
called upon at any time to operate a commercial motor vehicle).
D. Current employees who transfer or promote to a position requiring operation of a commercial vehicle and
possession of a Commercial Driver's License.
E. A pre-employment drug test is required of all persons given a conditional job offer for a position that
meets the description outlined above.
Article 5.0 References
Section 5.1 Federal
Federal Motor Carrier Safety Administration(FMCSA), 49 CFR Part 382, Drug&Alcohol Regulations
https://www.fmcsa.dot.gov/regulations
United State Department of Transportation(USDOT),49 CFR Parts 40
Section 5.2 State
Uniform Commercial Driver's License Act,Chapter 46.25 RCW(Revised Code of Washington)
Section 5.3 Jefferson County
Resolution No. 43-90 Establishing a Jefferson County Alcohol and Drug Free Workplace Policy&Procedure
Resolution No. 120-95 Jefferson County Drug&Alcohol Testing Policy for Employees who hold a Commercial
Driver's License as a Condition of Employment
Article 6.0 Terms and Definitions
Alcohol—The intoxicating agent in beverage alcohol,ethyl alcohol, or other low molecular weight alcohols
including methyl and isopropyl alcohol.
Alcohol Concentration (or Content), (BAC) — The alcohol in a volume of breath expressed in terms of grams of
alcohol per 210 liters of breath as indicated by an evidential breath test under 49 CFR Part 382.
Alcohol Use—The drinking or swallowing of any beverage, liquid mixture or preparation(including any
medication),containing alcohol.
Commercial Motor Vehicle (CMV) -A CMV is a motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property if it:
A. Has a gross vehicle weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle
weight rating of more than 10,000 pounds;
B. Has a gross vehicle weight rating of 26,001 or more pounds;
C. Is designed to transport 16 or more passengers, including the driver; or,
D. Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the
Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under
Federal Hazardous Materials Regulations(49 CFR Part 172, subpart F).
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JEFFERSON COUNTY DRUG&ALCOHOL POLICY&PROCEDURES 8/13/18
Controlled Substances—Those substances identified in 49 CFR Part 40.85,as amended: marijuana, cocaine,
opioids,amphetamines, and phencyclidine.
County—Jefferson County,Washington.
DOT Agency—An agency(or"operating administration")of the United States Department of Transportation
administering regulations requiring alcohol and/or drug testing(14 CFR Parts 61, 63, 65, 121,and 135;49 CFR
Parts 199,219, 382, and 655), in accordance with 49 CFR Part 40.
Driver-This term includes any person who operates a commercial vehicle. This includes,but is not limited to:
full-time, regularly-employed drivers; casual, intermittent or occasional drivers; leased drivers and independent,
owner-operator contractors who are either directly employed by or under lease to an employer or who operate a
commercial motor vehicle at the direction of or with the consent of an employer.
Drug-For the purposes of this policy, in accordance with the applicable federal regulations, "drugs"refers to any
controlled substances,prescription, or over-the-counter medication.
Employee—For the purposes of this policy,an"employee" is a CDL holder and"covered employee"as defined
by this policy, employed by the County.
Employer—Jefferson County, as an entity employing one or more employees that is subject to DOT agency
regulations requiring compliance with 49 CFR Part 382. The term refers to the entity responsible for overall
implementation of DOT drug and alcohol program requirements, as well as those individuals employed by the
entity who take personnel actions resulting from violations of 49 CFR Part 382 and any applicable DOT agency
regulations.
Evidential Breath Testing Device (EBT)—An EBT approved by the National Highway Traffic Safety
Administration(NHTSA)for the evidential testing of breath and placed on NHTSA's"Conforming Products List
of Evidential Breath Measurement Devices"(CPL), and identified on the CPL as conforming to the model
specifications available from the National Highway Traffic Safety Administration, Office of Alcohol and State
Programs.
Licensed Medical Practitioner—A person who is licensed, certified, and/or registered, in accordance with
applicable Federal, State, local or foreign laws or regulations,to prescribe controlled substances and other drugs.
Medical Review Officer(MRO) -The Medical Review Officer is a licensed physician(medical doctor or doctor of
osteopathy)responsible for receiving laboratory results generated by an employer's drug testing program who has
knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an
individual's confirmed positive test result,together with his or her medical history and any other relevant
biomedical information.
Performing(a safety-sensitive function)—A driver is considered to be performing a safety-sensitive function
during any period in which he or she is actually performing,ready to perform,or immediately available to
perform any safety-sensitive functions.
Safety Sensitive Function—All time from the time a driver begins to work or is required to be in readiness to work
until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions
shall include:
A. All time an employer or shipper plant,terminal facility, or other property,or,on any public property
waiting to be dispatched,unless the driver has been relieved from duty by the employer;
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JEFFERSON COUNTY DRUG&ALCOHOL POLICY&PROCEDURES 8/13/18
B. All time inspecting equipment as required by FMCSA regulations or otherwise inspecting, servicing, or
conditioning any commercial motor vehicle at any time;
C. All time spent at the driving controls of a commercial motor vehicle in operation;
D. All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a
sleeper berth(a berth conforming to the requirements of 49 CFR 393.76);
E. All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading,attending a
vehicle being loaded or unloaded,remaining in readiness to operate the vehicle,or in giving or receiving
receipts for shipments loaded or unloaded; and,
F. All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Substance Abuse Professional(SAP) -A Substance Abuse Professional is a licensed physician,or a licensed or
certified psychologist, social worker, employee assistance professional, or marriage and family therapist,or drug
and alcohol counselor certified by an organization listed at https://www.transportation.gov/odapc/sap with
knowledge of and clinical experience in the diagnosis and treatment of alcohol-and drug-related disorders. The
SAP is responsible for evaluating employees with positive test results.
Article 7.0 Prohibited Conduct
Section 7.1 Prohibited Conduct Under This Policy
The following is considered prohibited conduct under this policy:
A. No employee shall report for duty or remain on duty requiring the performance of safety-sensitive
functions while having an alcohol concentration of 0.04 or greater.
B. No employee shall use alcohol while performing safety-sensitive functions.
C. No employee shall perform safety-sensitive functions within four hours after using alcohol.
D. No employee required to take a post-accident alcohol test under 49 CFR 382.303 shall use alcohol for
eight(8)hours following the accident, or until he/she undergoes a post-accident alcohol test,whichever
occurs first.
E. No employee shall refuse to submit to a pre-employment controlled substances, post-accident,random,
reasonable suspicion, return-to-duty or follow-up controlled substance and/or alcohol test required by 49
CFR Part 382.
F. No employee shall report for duty or remain on duty requiring the performance of safety-sensitive
functions when the employee uses any substance identified in 21 CFR 1308.11 Schedule 1 or any other
controlled substance, except when the use is pursuant to the instructions of a licensed medical
practitioner,who has advised the employee that the substance will not adversely affect the driver's ability
to safely operate a commercial motor vehicle.
The employer may not allow, require,permit or authorize an employee to operate a commercial motor vehicle
during any period in which an employer determines that an employee is not in compliance with the return-to-duty
requirements of 49 CFR Part 40, Subpart 0,after the occurrence of any of the following events:
A. The employee receives a positive, adulterated, or substituted drug test result;
B. The employee receives an alcohol confirmation test result of 0.04 or higher alcohol concentration;
C. The employee refused to submit to a test for drugs or alcohol;
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D. The employee used alcohol prior to a post-accident alcohol test in violation of 382.209;or,
E. An employer has actual knowledge,as defined in 382.107 that a driver has:
1. Used alcohol while performing safety-sensitive functions in violation of 382.205;
2. Used alcohol within four hours of performing safety-sensitive functions in violation of 382.207;
or
3. Used a controlled substance.
No employee shall report for duty,remain on duty or perform a safety-sensitive function, if the employee tests
positive for controlled substances.
7.2 Knowledge of Driver Violation
The County shall not permit an employee to continue to perform safety sensitive functions if the County has
actual knowledge of an employee violating any of the aforementioned prohibitions.
The County can obtain actual knowledge based on the employer's direct observation of the employee, information
provided by the employee's previous employer(s), a traffic citation for driving a CMV while under the influence
of alcohol or controlled substances,or an employee's admission of alcohol or controlled substances use,except as
discussed in the County's voluntary self-identification program.
Article 8.0 Other Alcohol Related Conduct
If the result of a breath alcohol test is .02 - .039,the driver will be removed from performing safety sensitive
duties for 24 hours.
Article 9.0 Prescription and Other Medications
No employee may possess any prescription medication,except when he/she is under a doctor's care and the
doctor has advised the employee that the substance does not affect his/her ability to safely operate a
commercial motor vehicle.The use of any medication,whether prescription or over-the-counter,that could
affect a driver's safe job performance is prohibited while working.
Section 9.1 Notification of Legally Prescribed Medication
The employee shall report to their supervisor or Departmental Director the use of any prescribed
medication,and without identifying the medication,shall provide a certificate from the driver's doctor that
the use of the medication will not impair the ability to safely perform his/her duties.
Section 9.2 Non-Notification of Legally Prescribed Medication
If,as a result of testing under this policy,the employee is found to have the presence of controlled
substances in the body which is a result of the use of his/her legally prescribed medication that has not been
reported,the employee shall be removed from service without pay and considered suspended until it is
determined that the use of medication will not impair his/her ability to safely perform assigned duties.
Notwithstanding the above,an employee may not possess or report to work while using marijuana under
any circumstances,even if the marijuana was prescribed by a doctor.
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Article 10.0 Refusal to Test
Employees who are subject to this policy are expected to fully comply with required testing. Refusal to submit to
a test shall be considered the same as a positive test result and shall be grounds for termination of employment(49
CFR Part 382).
Section 10.1 Refusal to Test Definitions
As a covered employee,you have refused to test if you:
A. Fail to appear for any test(except a pre-employment test)within a reasonable time, as determined by the
County.
B. Fail to remain at the testing site until the testing process is complete.An employee who leaves the testing
site before the testing process commences for a pre-employment test has not refused to test.
C. Fail to attempt to provide a breath or urine specimen.An employee who does not provide a urine or
breath specimen because he or she has left the testing site before the testing process commenced for a pre-
employment test has not refused to test.
D. In the case of a directly-observed or monitored urine drug collection, fail to permit monitoring or
observation of your provision of a specimen.
E. Fail to provide sufficient quantity of urine or breath without a valid medical explanation.
F. Fail or decline to take a second test as directed by the collector or the County for drug testing.
G. Fail to undergo an additional medical examination, as directed by the MRO as part of the
verification process, or as directed by the County Designated Employer Representative (DER)
concerning the evaluation as part of the "shy bladder"procedures in 49 CFR Part 40, subpart I;
or fail to undergo a medical examination or evaluation as directed by the employer as part of the
insufficient breath procedures outlined in 49 CFR 40.265(c).
H. Fail or decline to take a second test the employer has directed following a negative dilute result
as required by 49 CFR 40.197(b).
I. Fail to cooperate with any part of the testing process(e.g. refuse to empty pockets when directed by
the collector, behave in a confrontational way that disrupts the collection process, fail to wash
hands after being directed to do so by the collector) or otherwise interfere with any part of the
testing process.
J. Fail to follow an observer's instructions to raise and lower clothing and turn around during a directly-
observed test.
K. Possess or wear a prosthetic or other device used to tamper with the collection process.
L. Admit to the adulteration or substitution of a specimen to the collector or MRO.
M. Fail to remain readily available after an accident.
N. Refuse to take a drug and/or alcohol test.
Section 10.2 Failure to Comply
An employee who fails to comply will be immediately relieved from performing safety-sensitive functions and
will be suspended from duty. The failure to cooperate will be referred to the Review Board to determine
appropriate disciplinary action, up to an including termination of employment.
The County also reserves the right to involve law enforcement officials for any conduct that it believes
might be in violation of state or federal law.
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JEFFERSON COUNTY DRUG&ALCOHOL POLICY&PROCEDURES 8/13/18
Article 11 .0 Consequences for Violations
Following a positive controlled substance or alcohol(BAC at or above 0.02)test result or test refusal,the
employee will be immediately removed from safety-sensitive duties.
An employee is subject to appropriate disciplinary action when one or more of the following conditions
exist:
A. The employee tests positive for a drug or drugs; or refuses to be tested for drugs,or alcohol.
B. Results from an alcohol test indicate a breath alcohol level of 0.02 or greater; or,
C. The employee has engaged in prohibited conduct as outlined in Article 6.
All employees, regardless of disciplinary action taken,will be advised of resources available to the
employee in evaluating or resolving problems associated with drug use or alcohol misuse.
Section 11.1 Disciplinary Action
Upon a positive test result the employee shall be immediately suspended from duty as outlined below.
11.1.1 Breath Alcohol Level of 0.02 or Greater, But Less than 0.04.
First Offense: Employees testing positive will be suspended from duty for at least twenty-four(24)hours upon
receipt of positive test results.
Repeat Offense: Employees testing positive will be suspended from duty for forty-eight(48) hours and have
his/her case referred to the Review Board to determine additional disciplinary action up to and including
termination.
Any action taken by the Review Board under this section subsequent to the First Offense is considered
County-mandated and would be conducted as a non-DOT,non-mandated action.This would include
Review Board recommendation for discipline or termination, referral to a SAP,last-chance agreement,and
return-to-duty follow-up and testing.
11.1.2 Breath Alcohol Level of 0.04 or Greater
First Offense: Employees testing positive will be suspended and their case will be referred to the Review
Board to determine appropriate disciplinary action.
Repeat Offense: Employees testing positive will be terminated.
11.1.3 Positive Drug Test
First Offense: Employees testing positive will be suspended and their case will be referred to the Review
Board to determine appropriate disciplinary action.
Repeat Offense: Employees testing positive will be terminated.
11.1.4 Review Board
Within 48 hours of the suspension,the situation will be reviewed by a Review Board consisting of the
Human Resource Manager(HRM),the immediate supervisor of the employee,the Department Head and
the Prosecuting Attorney.After review of the violation circumstances,post-employment history and other
relevant factors,the Review Board shall determine the appropriate disciplinary action of either:
A. Suspension pending completion of a SAP approved treatment program,signed last chance
agreement,and successful follow-up and return to duty testing; or,
B. Termination.
The decision of the Review Board shall be final.
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Section 11.2 Rehabilitation Provisions (Non-Termination)
The following provisions apply to those employees who are not terminated for their policy violations.
11.2.1 Last Chance Agreement
When at the County's discretion, an employee is returned to work,the driver will be required to enter into a Last
Chance Agreement and to submit to unannounced follow-up testing for same gender observed controlled
substances and/or alcohol as directed by the Substance Abuse professional in order to continue to perform safety-
sensitive functions and operate a commercial motor vehicle requiring a CDL.
11.2.2 Return to Work
The employee will not be permitted to return to work unless he/she:
A. Has been evaluated by a qualified Substance Abuse Professional;
B. If recommended by a Substance Abuse Professional,has properly followed any rehabilitation prescribed;
and,
C. Has a verified negative result on a return-to-duty alcohol(<0.02)and/or same gender observed drug test.
11.2.3 Required Follow up Random Testing
Upon completion of a recommended rehabilitation program and successful return to work,an employee will be
subject to unpredictable and unannounced follow-up testing for up to sixty(60)months as recommended by the
Substance Abuse Professional and the County, with a minimum of six(6)such unscheduled tests within the first
twelve(12)months of returning to duty.
Article 12.0 Controlled Substances and Alcohol Testing
Section 12.1 Pre-Employment Testing
As a condition of employment(for drivers either seeking employment with the County or for current employees
who want to transfer to a position covered under this policy)a pre-employment drug test is required.
Following a conditional offer of employment,prospective employees will be tested for the presence of drugs.
12.1.1 Pre-Employment Candidates
Drivers will be tested for controlled substances following a conditional offer of employment unless:
A. The driver participated in a DOT testing program within the past 30 days and:
1. While participating in that program either:
a. Was tested for controlled substances within the past six months(from the date of application
with the Employer); or,
b. Participated in the random controlled substances testing program for the previous 12 months
(from the date of application with the County);and,
B. No prior employer of the driver of whom the employer has knowledge has records of a violation of DOT
controlled substances regulations within the previous six months.
12.1.2 Positive Pre-Employment Result
A positive drug test result for a pre-employment candidate will result in rescinding the conditional offer of
employment by the County. A driver/applicant who tests positive on a pre-employment test will not be
hired,but may be eligible to reapply for employment with the County after twelve(12) months from the
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JEFFERSON COUNTY DRUG&ALCOHOL POLICY&PROCEDURES 8/13/18
date of the positive test.The applicant will be provided name(s)of a Substance Abuse Professional(s)to obtain
an evaluation and treatment. Compliance with the Return to Duty process is required before the applicant can
work for any employer subject to DOT controlled substance and alcohol testing regulations. Evaluation and
treatment will be at the applicant's own expense.
12.1.3 Return to Duty Documentation
In addition, an applicant who tested positive on any DOT mandated pre-employment drug test after August 1,
2001,must provide documentation of his/her successful completion of DOT return-to-duty requirements(i.e., an
evaluation by a substance abuse professional, education and/or treatment, and a negative DOT pre-employment
test, all of which meet the requirements of 49 CFR Part 40, subpart 0).
12.1.4 Current Employees
Current employees who are transferring from a position that does not require a Commercial Driver's License to a
position that does require one,will be tested for the presence of drugs prior to performing duties that require
driving or operating a commercial vehicle.
12.1.5 Positive Result County Employee
County employees seeking to transfer to a position requiring the driving of a commercial vehicle will be
denied the transfer and are subject to discipline as described in in this Policy.
Section 12.2 Post-Accident Testing
All employees covered by these procedures will be subject to post-accident testing if they are involved in an
accident with a commercial vehicle on a public road which results in:
A. A fatality;
B. The CDL driver receives a citation for a moving violation and there is bodily injury to a person who, as a
result of the injury, immediately receives medical treatment away from the scene;
C. The CDL driver receives a citation for a moving violation and one or more motor vehicles incurs
disabling damage requiring the vehicle to be transported away from the scene by a tow truck or other
vehicle; or,
D. An injury requiring immediate medical attention or any vehicle towed away because of disabling
damage,even if the driver is not issued a citation. Testing will be to determine the presence,use,or
any involvement with alcohol or drugs.Under criteria D,the Employer/driver must advise the
collection site and alcohol testing personnel that the test being required is an Employer-required,
non-DOT test.
12.2.1 Notification
After an accident, employees are responsible for contacting the immediate supervisor or other management
personnel. If the above conditions are met,the employee must make themselves available for post-accident testing
as soon as possible.
12.2.2 Alcohol Testing
Post-accident testing for alcohol should occur within two hours if possible, but may not exceed eight hours.
12.2.3 Drug Testing
Post-accident testing for drugs/controlled substances should occur within 32 hours.
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JEFFERSON COUNTY DRUG&ALCOHOL POLICY&PROCEDURES 8/13/18
12.2.4 Alcohol Consumption Post-Accident
Employees subject to post-accident testing are prohibited from consuming alcohol for eight hours following the
accident, or until the employee has completed the DOT alcohol test,whichever comes first.
12.2.5 Non-Compliance
An employee who does not comply with the post-accident testing will be considered to have refused testing and
will be subject to disciplinary action.
12.2.6 Cooperation with Law Enforcement
An employee in a post-accident situation should cooperate with law enforcement personnel investigating the
scene.
12.2.7 Supervisor Responsibility
Supervisors are responsible for determining if the accident qualifies the driver for post-accident testing and
should escort the employee to the collection site if possible.If an employee is unable to provide consent to
testing due to their medical condition,the supervisor will document the reasons why the employee was not
tested.If testing is not completed within the required time following an accident,the supervisor will
document in writing why the tests were not administered.
Section 12.3 Random Testing
The County is using a consortium/third party administrator to facilitate the random selection of drivers and
notification to the employer of the driver(s)selected for testing. See Attachment A for the consortium/third party
administrator information.
12.3.1 Consortium Testing Pool
The names and social security numbers for employees covered by this Policy have been included in the
Association of Washington Cities(AWC)Drug and Alcohol Testing Consortium pool. This pool contains all
eligible individuals from all of the consortium members. The pool database is updated monthly as changes in
personnel occur.
12.3.2 Annual Random Testing Rate
The annual random testing rate required under FMCSA regulations is 25%of the pool for drug testing and 10%
of the pool for alcohol testing, as amended by FMCSA. This means that if the pool contains 1,000 members,there
will be at least 250 random drug tests and at least 100 random alcohol tests conducted throughout the year. A
WorkSafe Service uses a software program to randomly select individuals for random testing on a monthly basis.
Some individuals will be selected for drug testing and others will be selected for both drug and alcohol testing.
12.3.3 MonthlyTesting
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Each month, A WorkSafe Service will send the names of individuals selected for random testing to the County
designated contact.
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JEFFERSON COUNTY DRUG&ALCOHOL POLICY&PROCEDURES 8/13/18
12.3.4 Scheduled Tests
Employees selected for random testing will be scheduled for a test by the designated contact at some time during
the month that the name was selected. Employees selected for alcohol testing may only be tested just before,
during or after driving a commercial vehicle. Once notified the employee shall report to the test site immediately.
12.3.5 Testing Acknowledgment Forms
Upon notification of selection for random testing,the employee will receive an Employee Notification of
Scheduled Drug and/or Alcohol Test letter from the designated contact.The employee must present the
Employee Notification of Scheduled Drug and/or Alcohol Test letter and a Federal Custody and Control
form at the collection site along with picture identification at the time of testing.A copy of all of the forms
will be retained by the County.
12.3.6 Positive Alcohol Test
If an employee scheduled for an alcohol test receives a confirmed test result with a breath alcohol level of
0.02 or above and is unaccompanied at the collection site,a supervisor will be called to the site to transport
the employee.
Section 12.4 Reasonable Suspicion Testing
According to federal regulations,reasonable suspicion testing is to be based on"specific, contemporaneous,
articulable observations concerning the appearance,behavior, speech or body odors of the employee."
12.4.1 Supervisor Responsibility
If a supervisor has reasonable suspicion to believe that an employee who is on duty, about to go on duty or just
completed duty is under any influence of drugs or alcohol,the supervisor will remove the employee from duty
immediately. The employee will be advised of the reasons for reasonable suspicion and will be transported to the
collection site by the supervisor for testing.
All Lead men,Foremen,Assistant Foremen,managers and supervisors who have responsibility for
employees with a CDL and who have been trained in detecting the symptoms of alcohol misuse or drug use,
and who have directly observed behaviors,appearance or physical symptoms can subject an employee to
reasonable suspicion testing.
12.4.2 Alcohol Testing
Reasonable suspicion alcohol testing may only occur just before,during or after an employee performs safety
sensitive duties. If a reasonable suspicion alcohol test is not conducted within two hours of determination that it is
necessary,the supervisor will prepare and maintain documentation of the reasons why it did not occur and
continue to test up to 8 hours. If the alcohol test was not conducted within 8 hours the driver must be removed
from safety sensitive duties for 24 hours.
Section 12.5 Return to Duty and Follow-Up Testing
All employees who have engaged in prohibited conduct as defined in the Drug and Alcohol Testing Policy for
Employees Who Operate Commercial Vehicles, including those who have tested positive for drugs or alcohol,are
subject to return to duty testing and may be subject to follow-up testing.
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JEFFERSON COUNTY DRUG&ALCOHOL POLICY& PROCEDURES 8/13/18
12.5.1 Return to Duty Testing
After engaging in prohibited conduct regarding alcohol or drug use,an employee is required to undergo a return
to duty alcohol and/or drug test prior to returning to a duty which requires driving a commercial vehicle. A return
to duty alcohol test must result in a breath alcohol concentration of less than 0.02.A return to duty same gender
observed drug test must result in a verified negative result.
12.5.2 Follow up Testing
An employee who returns to work after evaluation by a Substance Abuse Professional(SAP)determining that the
employee is in need of assistance in resolving problems associated with alcohol misuse or drug abuse is subject to
unannounced follow up alcohol and/or same gender observed drug testing as directed by the SAP and the County,
but no less frequent than six times in the first year following the return to work. The follow up testing period may
not exceed 60 months for each incident.
Section 12.6 After Hours Testing
If the need for testing occurs outside of the normal hours of operation of the designated collection site,a
supervisor or manager will be responsible for following the procedures established by AWC for such
occurrences.
Article 13.0 Financial Responsibility
The County will not be responsible for any financial consequences of an employee testing positive,
including but not limited to,the treatment plan and testing prescribed by the SAP, required follow-up
testing,re-testing,or return to duty testing.
Section 13.1 For Time Spent Testing
Employees will be compensated for time spent to report to the testing facility and be tested for the
following alcohol and/or initial drug tests:
A. Random testing.
B. Reasonable suspicion testing.
C. Post-accident testing.
Section 13.2 Employee Responsibility
Employees are responsible for paying for the following:
A. Split-sample re-tests made at the employee's request*.
B. Return to duty testing to be conducted on their own time.
C. Follow-up testing. Accrued leave must be used for follow-up testing.
* If a split sample re-test returns a negative result,the County will compensate the employee for the cost of
the test and time lost.
Section 13.3 Waiting for Results
Employees who have been asked to submit to a reasonable suspicion drug test will be placed on unpaid
leave pending the outcome of the test results. Such employees are eligible to use accrued vacation or sick
leave during this time.If the test result is negative,the time will be paid and any sick or vacation leave used
will be credited.
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JEFFERSON COUNTY DRUG&ALCOHOL POLICY& PROCEDURES 8/13/18
13.3.1 Alcohol Concentration of 0.02 but less than 0.04
If an employee receives an alcohol test result of at least 0.02 but less than 0.04,the employee must be removed
from duty which requires driving a commercial motor vehicle for at least 24 hours following the administration of
the test. The employee may use accrued vacation or sick leave during this absence.
13.3.2 Positive Drug Test or Alcohol Test Result of 0.04 or Higher
An employee who receives a positive drug test or who tests 0.04 or greater on an alcohol test is not allowed to
return to work until all of the applicable requirements are met as outlined in Article 10 of this Policy. Such
employees may use accrued vacation or sick leave during this absence.
Section 13.4 Employment Status
The County will not be obligated to create any other employment opportunity for an employee suspended
due to positive testing and treatment,other than to retain the employee position for future return to duty,if
applicable.
Article 14.0 Circumstances for Testing
The County has joined the Association of Washington Cities(AWC)Drug and Alcohol Testing Consortium for
much of the administration of this program. For program administration information, see Attachment A. The
AWC consortium has contracted with A WorkSafe Service, Inc.to conduct random testing services, provide the
testing laboratory facilities,arrange the testing collection sites, and provide the Medical Review Officer(MRO)
functions. The services of a Substance Abuse Professional(SAP)are also available for employees with positive
test results.
Article 15.0 Testing Procedures
All alcohol and controlled substances testing will be conducted in accordance with 49 CFR Part 40,as amended.
Section 15.1 Negative Dilute Specimens
All negative dilute specimen test results will require the applicant or employee to submit to an immediate
retest with minimum advance notice.The retest results shall become the test result of record.If the retest
results are also negative and dilute,the test will be deemed a negative result,unless the MRO has directed a
recollection under direct observation.
Section 15.2 Medical Review
All controlled substances tests will be reviewed by a Medical Review Officer(MRO)before results are reported
to the County. The MRO will attempt to contact the driver to discuss the test results before reporting positive
results to the County. See Attachment A for MRO information.
Section 15.3 Analysis of Split Sample
Y p p
A urine sample will be split at the time of collection. Within 72 hours of the MRO notifying the driver of a
verified positive controlled substances test, or an adulterated or substituted specimen,the driver may request the
split sample to be tested. Only the MRO may authorize such testing, which may take place only at laboratories
certified by the Department of Health and Human Services(DHHS). If the split sample test fails to reconfirm the
presence of the drug or drug metabolite,the MRO shall cancel the test or take such steps as are directed by DOT
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JEFFERSON COUNTY DRUG&ALCOHOL POLICY&PROCEDURES 8/13/18
regulations. All applicants/drivers have a right to request testing of the split sample. If the sample returns
positive,the employee will be responsible for the cost of testing the split sample.
Article 16.0 Confidentiality
Records required under this policy, including test results,will be maintained in a secure location with controlled
access. Each driver shall, upon written request,be entitled to receive copies of his/her own records, and to have
copies of these records made available to any subsequent employer. Information may also be disclosed to the
relevant state or federal agencies, or in connection with judicial,administrative or related proceedings(e.g.
grievances and arbitration) initiated by or on behalf of the driver, or where otherwise required by law.
Article 17.0 Training & Education
The County will provide all affected employees with copies of this Policy and drug and alcohol awareness
training materials as required by federal regulations.Each driver must sign a receipt upon having been provided
the above referenced information.
Managers and supervisors designated to determine whether reasonable suspicion exists to require a driver to
undergo alcohol or drug testing will receive at least 60 minutes of training on alcohol and 60 minutes of training
on drug abuse.The training will cover the physical,behavioral, speech and performance indicators of probable
alcohol misuse and use of controlled substances.
Article 18.0 Voluntary Referral/ Employee Assistance Program
Section 18.1 Voluntary Referral
The County supports employees who volunteer for treatment of alcohol or drug abuse.Employees are
encouraged to seek treatment voluntarily.Any employee who comes forth and notifies the County of
alcohol or drug/controlled substance abuse problems will be given the assistance extended to employees
with any other illness. Contact the County Employment Assistance Program (EAP) for referral to a
Substance Abuse Professional(SAP). See Attachment A for EAP contact information.
Drivers who admit to alcohol misuse or controlled substances use are not subject to the referral, evaluation,
and treatment requirements of 49 CFR Part 382 and 40, provided that:
A. The driver does not self-identify in order to avoid testing;
B. The driver makes the admission of alcohol misuse or controlled substances use before
performing a safety sensitive function; and,
C. The driver does not perform a safety sensitive function until the Company is satisfied that the
driver has successfully completed education or treatment requirements in accordance with the
self-identification program guidelines.
Normally, the County will:
A. Not take adverse action against a driver making a voluntary admission of alcohol misuse or
controlled substances use provided that the admission occurs before the employee has been
subject to disciplinary action or the use/misuse has affected job performance;
B. Allow the driver sufficient opportunity to seek an evaluation, education or treatment to establish
control over the employee's drug or alcohol problem; or,
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JEFFERSON COUNTY DRUG&ALCOHOL POLICY&PROCEDURES 8/13/18
C. Permit the employee to return to safety sensitive duties only upon successful completion of an
educational or treatment program, as determined by a substance abuse professional, and will be
required to sign a Last Chance Agreement as a condition of employment.
The driver must pay the cost of the pre-treatment evaluation and any treatment. The County will pay the
cost of any follow-up controlled substances or alcohol testing required by the substance abuse
professional.
Section 18.2 Non-Interference
Any such program,however, may not interfere with the tests required by these rules. For example, a driver may
not identify himself/herself as unfit to drive after having been notified of a random or reasonable suspicion test
and expect to avoid the consequences for a positive test or a refusal to test. In addition,voluntarily seeking
assistance does not excuse any failure to comply with all of the provisions of this policy or other policies of
the County.
Sick leave,vacation leave or leave of absence without pay may be granted for treatment and rehabilitation
as in other illnesses.Insurance coverage for treatment will be provided to the extent of individual coverage.
Section 18.3 Return to Work After Voluntary Referral
Employees returning to work after voluntary referral must,prior to participating in a safety sensitive function,
A. Undergo a DOT breath alcohol return to duty test with a result indicating an alcoholic concentration of
less than 0.02 and or
B. Undergo a DOT same gender observed return to duty controlled substance test with a verified negative
test result for controlled substances use.
C. Subject to non-DOT follow-up drug and/or alcohol testing as directed by the Substance Abuse
Professional.
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JEFFERSON COUNTY DRUG&ALCOHOL POLICY&PROCEDURES 8/13/18
Certificate of Receipt
I hereby certify that on the date shown below, I received and read a copy of the County Drug and
Alcohol Policy for use with FMCSA/DOT-Regulated Employees consisting of 17 pages including these
Certificates of Receipt, and a copy of drug and alcohol awareness training materials. I understand and
agree to comply with this policy, including any required alcohol or controlled substance testing.
Employee Print Name
Employee Signature
Date
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JEFFERSON COUNTY DRUG&ALCOHOL POLICY&PROCEDURES 8/13/18
Attachment A
Consortium/Third Party Administrator
Association of Washington Cities (AWC)
1076 Franklin St SE
Olympia, WA 98501
(360) 753-4137
Consortium Testing and Laboratory Services
A WorkSafe Service, Inc.
1696 Capitol St NE
Salem, OR 97301
(503) 391-9363
Employee Assistance Program (EAP)
(800) 777-4114
Medical Review Officer (MRO)
Dr. Dee McGonigle, MD
Drug Free Business Services
18912 North Creek Parkway, Suite 202
Bothell, WA 98011
(866)448-0651
FAX: (425)489-0832
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