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Littleton Public Schools Regulation |
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Policy Code GBCBB-R Policy Name Drug and Alcohol Testing November 15, 1994
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Procedural Guidelines
The required alcohol testing procedures shall be in conformance with federal regulations using an Evidential Breath Testing device (EBT), unless otherwise authorized by the federal regulations. The required controlled substance testing procedures shall be in conformance with federal regulations, and must utilize split urine specimen collection and testing by a laboratory certified by the U.S. Department of Health and Human Services. Federal regulations include testing for THC (tetrahydrocannabinoid) or marijuana metabolites, cocaine metabolites, opiate metabolites, amphetamines, and phencyclidine (PCP).
District employees covered by the federal regulation shall be subject to the following five categories of alcohol and controlled substance testing:
Preemployment Testing: Covered employees or candidates for employment in a safety-sensitive position shall be tested at any time prior to the first time the employee performs safety-sensitive functions for the District. The District’s receipt of negative test results for controlled substances and test results reflecting less than the prohibited concentration levels for alcohol as provided in state and federal regulations shall be a condition of employment in a safety-sensitive position. The District shall pay the cost of such testing.
Postaccident Testing: Each covered employee shall be subject to alcohol and controlled substance testing within the timelines set forth in the federal regulations, following an accident, involving a vehicle which that employee was either operating or responsible for its operation at the time of such accident, which 1) resulted in a fatality or 2) the employee receives a moving traffic violation and any person requires medical attention away from the scene, and one or more disabled vehicles were towed from the scene. Postaccident testing and travel time one way between the accident site and collection/testing site shall be deemed work time for the purposes of compensation. The District shall pay the costs of such testing and, whenever possible, a supervisor shall drive the employee to the collection/test site.
Random Testing: Covered employees shall be subject to random selection for unannounced alcohol and controlled substance testing while performing, immediately before performing, immediately after the employee has ceased performing, or while available to perform a safety-sensitive function. Random testing may be conducted through a testing pool or consortium. The employee shall report to the collection site immediately upon being notified of selection and such testing and travel time one way between the collection/testing site and the District shall be deemed work time for purposes of compensation. The District shall pay costs of testing and mileage if the testing is conducted at a place other than the workplace.
Reasonable Suspicion Testing: Covered employees shall be subject to alcohol and controlled substance testing when a District supervisor, trained in detecting the symptoms of alcohol and controlled substance misuse, has reasonable suspicion to believe that the employee has violated the rules. A determination that reasonable suspicion exists to require an alcohol or controlled substance test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee. Reasonable suspicion testing is authorized only if the required observations are made during, just preceding, or just after the period of the workday that the covered employee is performing or available to perform a safety-sensitive position. The District shall pay the cost of such testing and a supervisor shall drive the employee to the collection/testing site. Testing shall be deemed work time for purposes of compensation unless verified test results for controlled substances are positive and/or above the prohibited levels for alcohol as provided in state and federal regulations.
Return to Duty/Follow-Up Testing: Before any covered employee who has violated any of the alcohol and controlled substance misuse rules may be reinstated, if at all, such employee shall first be evaluated by a District-designated substance abuse professional, comply with any required rehabilitation program, and be subject to alcohol and controlled substance testing which provides a result indicating an alcohol concentration of less than the prohibited concentration levels as provided in state and federal regulations and/or a verified negative result for controlled substance use. If reinstated, such employee shall be subject to unannounced follow-up alcohol and controlled substance tests at the employee’s expense for the first twelve (12) months following such employee’s return to duty, or as further directed by the substance abuse professional. The District will not compensate the employee for time required to submit to such testing or mileage to and from the collection/test site and will not pay any costs of or related to testing designated in this section. All testing shall be conducted during, just preceding, immediately following, or when available for the performance of safety-sensitive functions.
The District shall advise a covered employee, who engaged in prohibited conduct, of the available resources for evaluation and treatment of controlled substance and/or alcohol problems, including the names, addresses, and telephone numbers of substance abuse professionals, counseling, and treatment programs.
Record Retention
The District shall maintain records in compliance with the federal regulations in a secure location with controlled access. With the covered employee’s consent, the District may obtain any of the information concerning drug and alcohol testing from the covered employee’s previous employer. A covered employee shall be entitled, upon written request, to obtain copies of any records pertaining to the employee’s use of alcohol or controlled substances, including information pertaining to alcohol or drug tests.
Records shall be made available to a subsequent employer upon receipt of a reasonable written request from a former covered employee only as expressly authorized by the terms of such employee’s request.