Rhea "Skip" Taylor, Fayette County Mayor      

DRUG & ALCOHOL TESTING POLICY

It is a violation of Fayette County policy for any employee to use, possess, sell, trade, offer for sale, or offer to buy illegal drugs or otherwise engage in the illegal use of drugs on or off the job.

It is a violation of Fayette County policy for any employee to report to work under the influence of or while possessing in his or her body, blood, or urine, illegal drugs in any detectable amount.

It is a violation of Fayette County policy for any employee to report to work under the influence of or impaired by alcohol.

It is a violation of Fayette County policy for any employee to use prescription drugs illegally, i.e., to use prescription drugs that have not been legally obtained or in a manner or for a purpose other than as prescribed. However, nothing in this policy precludes the appropriate use of legally prescribed medications.

Violations of this policy are subject to disciplinary action up to and including termination.

Fayette County shall be responsible for compliance with all applicable requirements and procedures of 49 CFR Part 40.

Each employee has the responsibility to be knowledgeable of the requirements of Fayette County’s anti-drug plan and to fully comply with the provisions of the plan.

Individuals Subject to Drug Testing:

Any applicant/employee who would operate a commercial motor vehicle regulated by Part 382, would be subject to drug testing under this program

Fayette County shall test each employee for evidence of the following substances: Marijuana, Cocaine, Opiates, Phencyclidine (PCP), and Amphetamines.  Addition substances shall be tested for if there is reason to believe other substances are being misused.

Fayette County must check on the drug and alcohol testing record of all DOT employees it is intending to use to perform safety-sensitive duties.

Types of testing required:

Pre-Employment Testing

Post-Accident

Random 50% for Drug and 10% for Alcohol

Reasonable Suspicion

Return-to-duty

Follow-up

Post-Accident Testing Alcohol:

Each employee shall be required to submit to an alcohol test within 2 hours of the accident. If a test is not administered within two hours following the accident Fayette County shall prepare and maintain on file a record stating the reasons why the test was not administered. If a test is not administered within 8 hours following the accident Fayette County shall cease all attempts to conduct an alcohol test and shall prepare and maintain on file written documentation indicating why the alcohol test was not conducted.

An employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying Fayette County or School representative of his/her location if he/she leaves the scene of the accident prior to submission to such test, may be deemed by Fayette County to have refused to submit to testing.

The employee must remain available for alcohol testing and may not consume any alcohol for 8 hours following the accident or until the alcohol test has been conducted. Notwithstanding the previous statement, employees shall not be delayed in seeking necessary medical attention for injured people. An employee shall not be prohibited from leaving the scene of an accident for a period of time necessary to obtain assistance in responding to the accident or to obtain necessary medical personnel to administer medical care to any injured people.

Post Accident Drug Testing:

As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for drugs for each surviving drivers

If the accident involved the loss of human life; or

Receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from a the accident, if the accident involved:

Bodily injury to any person who, as a result of the injury immediately receives medical treatment away from the scene of the accident; or

One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away for the scene by a tow truck or other vehicle.

When employees have caused, contributed to, or are involved in an on-the-job injury that resulted in a loss of work-time, which means any period of time during which an employee stops performing the normal duties of employment and leaves the place of employment to seek care from a licensed medical provider. 

When employees have caused or contributed to on-the-job incidents resulting in a substantial amount of property damage that requires immediate repair or replacement. (As determined by a supervisor and/or safety director).

When employees are involved in an automobile accident, while on company time or conducting company business whether in a company vehicle or not.

In the case of a conscious but hospitalized employee, management should request that the hospital or medical facility obtain the sample from the employee under DOT drug testing requirements as set forth in 49 CFR Part 40.

If an employee is injured, unconscious (employee is unable to communicate), or otherwise unable to evidence consent (employee is unable to sign custody and control form) to the drug test, all reasonable steps must be taken to obtain a urine sample from the employee.

If an employee is conscious (employee can communicate) and he/she is able to evidence consent (employee able to sign custody and control form) to the drug test and is able to void normally (without aid of catheters) the specimen shall be collected.

If an employee who is subject to post-accident testing is conscious, able to urinate normally (in the opinion of a medical professional), and refuses to be tested, that employee will be removed from duty and will be subject to disciplinary action up to and including termination.

The primary purposes of random testing are to deter prohibited drug use and to ensure a drug free workforce. DOT regulations require that covered employees shall be subject to drug testing on an unannounced and random basis. Fayette County shall conduct a number of tests equal to at least 50 percent for FMCSR covered employees each calendar year, spread reasonably over a 12-month period. Random testing will be conducted quarterly.

All employees that do not fall under the D.O.T guidelines will be subject to random testing. At least 20 percent of all employees that do not fall under D.O.T. guidelines will be subject to random testing and will be selected by using a computer generated selection program. All random testing will be done on a quarterly basis and will be performed on site.

The following is a discussion of the key aspects of the random testing selection process.

Employees remain in the random selection pool at all times, regardless of whether or not they have been previously selected for testing.

Employees shall be selected for testing by using a computer-based random selection method.

The process will be unannounced as well as random. Employees will be notified that they have been selected for testing after they have reported for duty on the day of collection.

Employees will be selected for random testing based on the number of covered employees at the time and the necessary testing rate.

Specimen collection will be conducted on different days of the week throughout the annual cycle to prevent employees from matching their drug use patterns to the schedule for collection.

Steps for random testing:

Fayette County, on a pre-determined date, shall use the random selection procedures to compile a list of covered employees selected for random testing during that testing cycle.

It is the intent of this plan to notify employees of their selection for random testing after they have reported for duty.

The list of employees to be tested will be provided to the appropriate DPM.

The list of employees selected for random drug testing will be retained by the DPM or his/her designee in a secure location. 

Notification of employees:

The appropriate manager/supervisor will notify the employee to be tested to report to the manager/supervisor's office at a specified time.

The employee will not be notified of the test until after reporting for duty.

Employees shall report immediately to the collection site or to the collection site within 30 minutes, plus travel time, once notified by the appropriate Fayette County official.

An employee has refused to take a drug test if the employee:

Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, after being directed to do so by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by C/TPA (see §40.61 (a));

Fails to remain at the testing site until the testing process is complete; provided, that an employee who leaves the testing site before the testing process commences (see §40.63(c» for a pre-employment test is not deemed to have refused to test.

Fails to provide a urine specimen for any drug test required by this part or DOT agency regulations; provided, that an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences (see §40.63(c))for a pre-employment test is not deemed to have refused to test;

In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or monitoring of your provision of a specimen (See §40.67(I) and 40.69(g));

Fails to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure (See §40.193(d)( 2));

Fails or decline to take a second test the employer or collector has directed you to take;

Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under §40.193(d). In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment: or

Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process).

The EAP will provide education and training on drug use to all employees. The education shall include:

Informational material displayed on bulletin boards, employee break rooms, locker rooms, etc. and distributed to employees.

A community service hot-line telephone number for employee assistance displayed on bulletin boards and distributed to employees, and

Distribution of Fayette County's policy regarding the use of prohibited drugs to all new employees. The policy shall be displayed in prominent places throughout Fayette County (i.e., employee bulletin board, break room, locker rooms).

Any employee who voluntarily comes forward and wishes to seek rehabilitation will be given a 35 day leave of absence without pay. Any employee, with six (6) months consecutive employment, who test positive after a random, post accident or reasonable suspicion drug test will be given rehabilitation one (1) time. Any employee, with less that six (6) months consecutive employment, who test positive after a random, post accident or reasonable suspicion drug test will be terminated from employment with Fayette County. Rehabilitation will be given at the employee’s own expense in the amount not payable under Fayette County’s current insurance plan. Employee’s that come forward voluntarily seeking rehabilitation cannot be terminated and will not lose their position or pay when they return. Employees may only come forward voluntarily one (1) time. 

 

Supervisor Training:

Supervisory personnel responsible for those employees covered under Part 382 will receive training under the anti-drug plan. The training shall include at least one 60-minute period of training on the specific, contemporaneous physical, behavioral, and performance indicators of probable drug use. This training shall be for supervisors who may determine whether an employee must be drug tested for reasonable cause.

The company may, but is not required to conduct pre-employment alcohol testing under 49 CFR Part 301. If Fayette County conducts pre-employment alcohol testing Fayette County must:

Conduct a pre-employment alcohol test before the first performance of covered functions by every covered employee (whether a new employee or someone who has transferred to a position involving the performance of covered functions):

Treat all employees the same for the purpose of pre-employment alcohol testing (i.e.. company must not test some covered employees and not others):

Conduct the pre-employment tests after making a contingent offer of employment or transfer subject to the employee passing the pre-employment alcohol test:

Conduct all pre-employment alcohol tests using the alcohol testing procedures in the DOT procedures in 49 CFR Part 40: and

Not allow any covered employee to begin performing covered functions unless the result of the employee's test indicates an alcohol concentration of less than 0.04.

Post-Accident Testing (§382.303).

ALCOHOL PROHIBITED

General. Fayette County shall provide guidance to all covered employees regarding the various types of alcohol-prohibited conducts.

Alcohol Concentration (§382.201). No driver/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. If a company representative has actual knowledge that a covered employee has an alcohol concentration of 0.04 or greater. the employee shall not be permitted to perform or continue to perform covered functions.

On-Duty Use (§382.205). No driver/employee shall use alcohol while performing safety sensitive functions. If a company representative has actual knowledge that a covered employee is using alcohol while performing covered functions, the employee shall not be permitted to perform or continue to perform covered functions,

Pre-Duty Use (§382.207). No driver/employee shall use alcohol while performing safety sensitive functions within four hours prior to performing covered functions. No employer having actual knowledge that a driver/employee has used alcohol within four hours shall permit a driver/employee to perform or continue to perform safety-sensitive functions.

Use Following an Accident (§382.209). No driver/employee required to take a post accident alcohol test under 382.303 shall use alcohol for eight hours following the accident or until he/she undergoes a post-accident alcohol test, whichever occurs first.

The company shall promptly determine and test each surviving covered employee for alcohol if that employee's performance contributed to the "accident" or cannot be completely discounted as a contributing factor to the accident. The decision not to administer an alcohol test under this section shall be based on Fayette County's determination, using the best available information at the time of the determination.

Each employee shall be required to submit to an alcohol test within 2 hours of the accident. If a test is not administered within two hours following the accident Fayette County shall prepare and maintain on file a record stating the reasons why the test was not administered. If a test is not administered within 8 hours following the accident Fayette County shall cease all attempts to conduct an alcohol test and shall prepare and maintain on file written documentation indicating why the alcohol test was not conducted.

An employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying Fayette County or company representative of his/her location if he/she leaves the scene of the accident prior to submission to such test, may be deemed by Fayette County to have refused to submit to testing. 

The employee must remain available for alcohol testing and may not consume any alcohol for 8 hours following the accident or until the alcohol test has been conducted. Notwithstanding the previous statement, employees shall not be delayed in seeking necessary medical attention for injured people. An employee shall not be prohibited from leaving the scene of an accident for a period of time necessary to obtain assistance in responding to the accident or to obtain necessary medical personnel to administer medical care to any injured people.

The following steps will be used to guide supervisor to a satisfactory outcome in a post-accident situation.

Verify the post-accident decision. Does the definition of accident in Section I apply to the current situation. Does the possibility exist that the employee's performance contributed to the accident or cannot be completely discounted as a factor, which contributed to the accident? Anonymous tips must be taken seriously, but should not be the sole reason to initiate a request for a specimen. If witnesses saw a specific event or behavior, ask them to describe what they saw. How far away were they? Before proceeding further, individual may need to obtain approval from the division manager/department head or designee to proceed with post-accident testing.

Isolate and inform the employee. Remove the employee from the work place. Explain that you have reason to believe his/her performance contributed to the accident or cannot be completely discounted as a contributing factor to the accident and therefore, they will be required to submit to an alcohol test.

Transport the employee. The potentially affected employee should not be allowed to proceed alone to or from the collection site. In addition to the safety concerns for the employee, accompanying the employee also assures that there is no opportunity in route to the collection site for the employee to ingest anything that could affect the outcome of the alcohol test.

Document the events. Record the activity performed that support the determination to conduct a post-accident alcohol test. This documentation of the employee's activity should be prepared and signed by the supervisor and remain on file. See Appendix E for documentation format if test is not administered within prescribed time frames.

Denial should be an expected reaction. If a person knows he/she will test positive, he/she may give many explanations and protestations, wanting to avoid submission to an alcohol test. If he/she is not under the influence of alcohol, vehement denial also would be expected. Listen to the employee and carefully evaluate the employee's explanation. Remember, a request for an alcohol test is not an accusation; it is merely a request for additional objective data. To the employee it may feel like an accusation; so it is important to stress that this is merely a request for additional data.

Following administration of alcohol test. After returning from the collection site, the employee should not be allowed to return to performing any covered functions pending the results of the alcohol test and any discussion of disciplinary action that may occur.

Employee Responsibility. As soon as practicable following an accident as defined in this plan, the employee shall make every attempt to contact his/her supervisor and the APM.

The employee will be given instructions for obtaining alcohol and substance abuse testing.

An employee who is subject to post-accident testing must remain available for testing, or Fayette County may consider the employee to have refused to submit to an alcohol test.

The employee subject to post-accident testing must refrain from consuming alcohol for eight hours following the accident, or until he or she submits to an alcohol test, whichever comes first.

Company Responsibility:

Upon receiving a report of an accident Fayette County shall test the employee (if not a fatality) for alcohol and controlled substance as soon as practicable.

The DER will instruct the employee in obtaining the required drug and alcohol test.

Random Testing (382.305):

Every employer shall comply with the requirements of this section.  Every driver shall submit to random alcohol testing as required in this section. 

Except as provided in paragraphs, (c) through (e) of this section, the minimum annual percentage rate for random alcohol testing shall be 10 percent of the average number of driver positions. All Non-DOT employees shall be random alcohol tested at a rate of 2 percent annually.

The FMSCA Administrator’s decision to increase or decrease the minimum annual percentage rate for alcohol testing is based on the reported violation rate for the entire industry.  All information used for this determination is drawn from the alcohol management information system reports required by 382.403.   In order to ensure reliability of the data FMCSA Administrator considers the quality and completeness of the reported data may obtain additional information or reports from employe3rs, and may make appropriate modification in calculating the industry violation rate.  In the event of a change in the annual percentage rate the FMCSA Administrator will publish in the Federal Register the new minimum annual percentage rate for random alcohol testing of drivers.  The new minimum annual percentage rate for random alcohol testing will be applicable starting January 1 of the calendar year following publication in the Federal Register.

0.02 - 0.039 Consequences:

When the results of an alcohol (screen/confirmation) test indicate an alcohol concentration of 0.02 or greater. but less than 0.04. the employee will be removed immediately from performing the covered function for the remainder of his/her shift and may be subject to loss of Day for that period of time.

When an employee has an alcohol (screen/confirmation) test conducted and the alcohol concentration is 0.02 or greater but less than 0.04 on a second test the employee will be removed immediately from performing the covered function and shall be suspended. The employee shall be referred to a substance abuse professional and must follow all the recommendations following completion of the assessment.  Any subsequent test at 0.02 or greater of an employee, with less that six (6) months consecutive employment with Fayette County, who fails an alcohol test and the MRO has determined no legitimate medical reason for a confirmed positive test will be terminated. Any employee, with six (6) months consecutive employment who fails an alcohol drug test will be offered rehabilitation one (1) time. Any employee who refuses to take a alcohol test or refuses rehabilitation as required by this plan will be terminated.

When the results of another alcohol (screen/confirmation) test indicate alcohol concentration 0.02 or greater but less than 0.04 after an alcohol test, which had produced an alcohol concentration of 0.04 or greater then that employee will be removed immediately from performing the covered function. The employee shall be suspended and referred to the substance abuse professional and must follow all the recommendations following completion of the assessment.  Any subsequent test at 0.02 or greater of an employee, with less that six (6) months consecutive employment with Fayette County, who fails an alcohol test and the MRO has determined no legitimate medical reason for a confirmed positive test will be terminated. Any employee, with six (6) months consecutive employment who fails an alcohol test will be offered rehabilitation one (1) time. Any employee who refuses to take a drug test or refuses rehabilitation as required by this plan will be terminated.

0.04 or Greater Consequences:

When an employee has tested for alcohol in a concentration of 0.04 or greater the employee an alcohol test which had on a previous occasion produced an alcohol concentration of 0.04 or greater then the employee shall be removed immediately from performing the covered function. . Any employee, with less that six (6) months consecutive employment with Fayette County, who fails an alcohol test and the MRO has determined no legitimate medical reason for a confirmed positive test will be terminated. Any employee, with six (6) months consecutive employment who fails an alcohol test will be offered rehabilitation one (1) time. Any employee who refuses to take an alcohol test or refuses rehabilitation as required by this plan will be terminated.

Other Alcohol Consequences:

When an employee refuses to report for assessment evaluation and/or referral for treatment with a substance abuse professional he/she will be removed immediately from performing the covered function and will be subject to disciplinary action UP to and including termination.

When an employee after assessment is referred for rehabilitation and/or treatment and the employee refuses to enter or successfully complete such a rehabilitation and/or treatment assessment program he/she will be removed immediately from performing the covered function and subject to disciplinary action up to and including termination.

An employee who refuses to provide an adequate breath for alcohol testing without a valid medical explanation after he/she has received notice of the requirement to be tested in accordance with the requirements of the AMPP. or who engages in conduct that clearly obstructs the testing procedure will be removed immediately from performing the covered function. The employee will be subject to disciplinary action up to and including termination from Fayette County.

On duty use or possession of alcohol on company time on company premises. or in company vehicles will result in immediate removal from performing the covered function. The employee will be subject to disciplinary action up to and including termination from Fayette County.

EMPLOYEE WHO FAILS OR REFUSES A DRUG TEST:

General. Compliance with the anti-drug testing plan is a condition of employment. Refusal to take a required DOT drug test or failure of a drug test shall result in removal from performing covered functions. Any employee, with less that six (6) months consecutive employment with Fayette County, who fails a drug test and the MRO has determined no legitimate medical reason for a confirmed positive test will be terminated. Any employee, with six (6) months consecutive employment who fails a drug test will be offered rehabilitation one (1) time. Any employee who refuses to take a drug test or refuses rehabilitation as required by this plan will be terminated.

Prohibitions On Use Fayette County shall not use, in a function covered by Part 382, anyone who:

Fails a drug test as verified by the MRO and the determination is made by the MRO that there is no legitimate medical explanation for the confirmed positive test other than unauthorized use of a prohibited drug, or

Refuses to take a drug test required by this plan.

Options For Return- To-Duty:

Paragraph 8.1 of this plan does not apply to a person who has

Passed a DOT drug test under DOT procedures;

Been considered by the medical review officer in accordance with DOT Procedures and been determined by a substance abuse professional to have successfully completed the required education or treatment; and

Not failed a drug test required by Part 382 after returning to duty. Such failure will result in removal from performing covered functions and may result in disciplinary action up to and including termination.

APPENDIX A

CONSORTIUM/THIRD PARTY ADMINISTRATOR (C/TPA):

Fidelity Search Enterprises
1029 Campbell St.
Jackson, TN  38301
731-422-9911:

DRUG PROGRAM MANAGER (DPM) or DESIGNATED EMPLOYER REPRESENTATIVE (DER):

Becky Coradini
Fayette County Mayor's Office

MEDICAL REVIEW OFFICER (MRO):

Patrick Flamion MD.MRO
P. O. Box 3571
Jackson, TN  38303
800-264-5044

SUBSTANCE ABUSE MENTAL HEALTH LABORATORY (SAM HSA):

Advanced Toxicology Network
Air Park Rd.
Memphis, TN
888-222-1150

Quest Diagnostics
10101 Renner Ave
Lexena, Ks 66300
1-800-728-4064

MedTox Labs
402 W. County Rd.
St. Paul, MN 55112
1-800-832-3244

COLLECTION SITE(S):

Fidelity Search Enterprises
1029 Campbell St.
Suite 105
Jackson, TN 38301

EMPLOYEE ASSISTANCE PROGRAM (EAP):

Andy Eickhoff, Jr.MSW,CEAP
100 Stonebridge Blvd.
Jackson, TN 38305
800-224-3271

SUBSTANCE ABUSE PROFESSIONAL (SAP):

Butch Glover
100 Stonebridge
Jackson, TN 38305
731-499-2656

 

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