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HomeMy WebLinkAboutSubstance Abuse Augusta Richmond GA DOCUMENT NAME: S U VJ 5 tQJice A tJu..Se DOCUMENT TYPE: YEAR: \ G1C11 ...."'" BOX NUMBER: ~I ol FILE NUMBER: I 3'140 NUMBER OF PAGES: 1-.to ,. \ " ~. Augusta - Richmond County Commission Policy on: ~ SUBSTANCE ABUSE Approved July 15, 1997 II , . TABLE OF CONTENTS - , PART Paragraph TITLE PAGE Part 1 SUBSTANCE ABUSE 1 --.----- -'-- Announcement of Policy 1 1,1 Policy Statement 1 1.2 Policy Intent 1 1.3 References 1 1.4 Definitions 1.5 Prohibitions 2 1.6 Notification Requirements 2 1,7 Testing Procedures 3 1.8 Actions Required for Positive Test 3 1,9 Alcohol Testing of Transit Employees 4 1.10 Refusal to Submit to Testing 4 1.11 Confidentiality 4 1,12 Contractors 5 1.13 Changes to Policy 5 1.14 Contact Persons 5 PART ~: REHABILITATION POLICY 5 ------- ~~- 2.1 Rehabilitation Policy 5 2,2 Post Rehabilitation 6 PART 3 INDIVIDUALS SUBJECT TO TESTING 5 ---_.--- --_._-, 3.1 Applicants/New Employees 6 3.2 Transfers/Promotions 6 3.3 Return to Duty 6 3.4 Post Accident 6 3.5 For Cause 7 3.6 Random 7 PART 4 TRAINING 7 --" --. ._~.- - ,- 4,1 New Employees 7 4.2 Transit Employees 7 4,3 Annual Training 7 Approved January J 6, J 996 Revised July J 6, J 997 J . r Subs;lli;c~ Abuse PolicY '" . Marcil 1998 ~~ >.,.,................;.;-;-;;.;..;-:..' ,:,,-., , ~:>:':: :,:;<:-::,~>:;,':;<?':':\<>I::i:{~:-::'-'" , .., " "..' .. August~-fR/C1'mo;,ilCoullty .Commissioll ANNOUNCEMENl' OF POLICY: The following is the Augusta - Richmond County Commission Substance Abuse Policy, The USE! of the tenn ''the Commission", in this docume.rtt, refers to the Augusta - Richmond County Commission. The Commission will make a public announcement of this Policy, Further, emploYE!e communications will be undertaken to ensure that each individual employee understands the Policy's requirements and hisjher obligation to cooperate fully in the testing program. ,4.11 references within this Policy to regulations, processes and procedures are availabje to any employee for review in the Risk Management Offtce located in Room 217, Municipal Building, 530 Greene Street, AugustG~ Georgia 30911, 'The Commission reserves the right to amend this Policy at any time, in its sole discretion, with 60 days' written notice to employees before implementation of the amendment(s), PRESCRfPT NOTE: Federal law requires testing of certafn employees within transit systems and holders of Commercial Drivers Licenses, The testing Jr-equirements and procedures for these employees may be different than for employees tested tmder authority of the Commission. Where a requirement of this Policy differs as to regular and transit or CDL employees, such difference will be noted, SUBSTANCE ABUSE 1,1 POUCY STATEMENl': In recognition of the continUEd and growing problem of substance abuse, it is the policy of the Augusta - Richmorlid County Commission to take all reasonable measures to assure that drug and/or alcohol use by employees does not jeopardize the safety of our operations or otherwU:e adversely affect Commission employe,es, the community, or the public's trust in our al,mty to carry out our responsibilities, We cannot and will not tolerate lapses in employe,'J control of their ability to operate safely allld productively, It is the policy of the Comm~;ion that if an employee required under this Pollcy to be tested for substance abuse either refuses or fails such test, they will be subject to disciplinary measures up to and including discharge, Your cooperation with and adherence to the Commission's policies and procedures regarding substance abuse are conditions of your continued employment. 1/ an employee violates or is insubordinate by refusing to cooperate with any of these policies and procedures, the employee is subject to disciplinary measures up to and including discharge. 1,2 POLICY INTENl': It is the intent of this Policy to: A, Provide for a drug free workplace; B, Provide protection for the employee, the department and the public; C, Comply with Federal, State and local regulations, policies or authority regarding substance abuse testing of employees, 1,3 REFERENCES: A, Federal Register, 49 CFR Part 40: Procedures for Transoortation Workolace DruG and Alcohol TestinG Proarams: Final Rule B, Federal Register, 49 CFR Part 653: Prevention of Prohibited DruG Use in Transit Q1Jerations C, Federal Register. 49 CFR Part 654: Prevention of Alcohol Misuse in Transit Q1Jerations D, The Drua-Free Workolace Act. 1988 (pL 100-690) E, Georgia Code Title 50, Chapter 24, Drua- Free Workolace F, Federal Register, 49 CFR Part 382; Controlled Substances and Alcohol Use and Testina (Federal Highway Administration, DOT), 1,4 DEFINITIONS: A, Accident, For purposes of this Policy, "accident" means an occurrence or incident which results in a post-accident drug screen as outlined in Part 3.4 herein, including: (1) For regular employees: a, an occurrence or incident which results in the employee seeking, requiring and/or receiving medical treatment for injuries suffered in connection with the occurrence or incident; and/or b. a vehicular accident occurring in an Commission vehicle which results in afatality. (2) For Transit Employees and CDL Holders: a, a vehicular accident which results in afatality; b, a vehicular accident which results in the Transit Employee or CDL Holder receiving a moving traffic citation under State or local 2 , . I "; I" ' I Substa'ilce AbuSe Po/ICY Augusta - RiI;hmond Cou~,ty Commlssioll' . ,.. :. .,. ',.' , ." "'- ',', ... ',"; , '..:.:..... :-, :" ,-: : :- ~ .- .: : . : ::. . . . ". . '. . . '. March 1998 law; c, a vehicular accident where one or more oj'the vehicles involved cannot be moved from th'2 scene under its own power (including a sing le-v'2hic le accident); cf, a vehicular accident in which the performance of the Transit Employee or CDL Holder I:ould have contributed to the accident, as determined by management using the best information on hand at the time of the determination; and/or Ie. a vehicular accident in which any individtJ~al suffers a bodily injury and immediutely receives medical treatment away from tlU! scene of the accident, B, Contractor. A person or organization/s) providin:g a service for the Commission or its subordinate departments, divisions, sections or agencifm under a specific understanding or arrangement, The understanding can be a written contract or an informal arrangement that reJlects an ongoing relationship between the parties. C, Omtrolled Substances, For the purposes of this Policy, see sub- paragraph D ('Drugs'1 below, D, !d~, For the purposes of this Policy, ''Drugs'' 'Include illegal street drugs, legal drugs either u[}cen for non-medical reasons or without a valid prescription, and alcohoL It DOES NOT include prescription medication prescribed for the employee by a qualified health care provider and taken in accordance with that physician's instructions, Some of the drugs which ure considered controlled substances under Fl~deral, State or local laws include, but not lim'lted to: mar(fuana, heroin, hashish, cocaine, hallucinogens, inhalants and designer drugs, a:nd depressants and stimulants which are nOi~ prescribed for current personal treatment by a licensed physician. E, nIeaal Substances, For the purposes of this PoUcy, see sub- paragraph D ("Drugs'1 above, F, ,Medical Review Officer, A licensed physician (medical doctor or doctor of osteopathy) responsible for reviewing laboratory results B'enerated by the Drug Testing program, who hCls knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's positive test result together with his or her medical history and any other relevant biomedi(~al information. A test result will not be deemed positive for the purpose of disciplinary action until ruled positive by the Medical ,Review Officer (MRO), G, ~!tv-Sensitive Ernolouee, Safety-s<<msitive employees are those who perform any of the following tasks or duties, or have the following quallficationslJob requirements: (a) Certified Law Enforcement Officers; (b) Jailers of Richmond County Sheriffs Department; (c) 911 operators/ communications officers; (d) Fire Fighters; (e) Crash Fire and Rescue employees (Bush Field); (f) Correctional Officers; (g) Employees who mix chemicals with water; (h) Employees who fuel or maintain aircraft; (i) Employees who maintain airfield facilities, including aircraft ramps, taxi ways or active runways or median areas around ramps, taxi ways and runways; UJ Employees whose responsibilities include airfield operations or planning activities in areas described in (i) above; (k) Employees who maintain, repair, or install traffic control markers, signs or devices to include painting lane markers or directional indicators; (1J Operators of heavy equipment/construction type equipment, without regard to whether a CDL license is required, (mJ Employees who operate Commission vehicles for which a Commercial Drivers' License is required while performing sajety- sensitive functions, as defined as: (i) While on duty, waiting to be dispatched, unless the driver has been relieved from duty by the employer; (it) While on duty inspecting equipment as required by the Federal Motor Carrier Sajety Regulations (FMCSR's), or otherwise inspecting, servicing, or conditioning any conunercial motor vehicle at any time; (lit) While on duty at the driving controls of a commercial motor vehicle; (tv) While on duty, other than driving time, spent on or in a commercial motor vehicle (except for time spent resting in the sleeper berth); (v) While on duty and loading or unloading a commercial motor 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; (vi) While on duty performing the driving requirements associated with an accident; (vii) While on duty repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle, (nJ Employees who service or repair Commission vehicles; (0) Control room operators, utilities department, (P) First line supervisors of anyone listed 3 I S~b;ta'll j;:,~j~., .'....:' ': ';.;:. !: ):I.':T:':; >~iE .::;: :>'... ,.~1.:" ugusta - Rif;IImo,!d C;OUllty Co above (JI' their job duties require they perfonn the lisUld functions, (q) !:mployees of the Transit Department perform.lng safety-sensitive functions ('Transit EmploYI~es'1. Such functions include: (i) operation of a revenue service vehicle, including when not in revenue service; (il) operation of a nonrevenue service vehicle, when required to be operated by a holder of a Commercial Driver's license; (ili) control of dispatch or movement of a revenue service vehicle; (iv) maintenance of revenue service vehicles or equipment used in revenue service; and (v) carrying a fireann for security purposes, First line supervisors of anyone listed above are also defined as "Transit Employ<<~es" and are subject to testing under this Pol~icy if their position requires them to perfonn any of the duties listed above, 1.5 PROHIBITIONS: A, ~I'he possession, unlawful manujacture, sale, distribution or presence in the body, of alcohol, drugs, controlled substances or prescription medicine for which no valid prescription is held, in the workplace is strictly prohibited, Disciplinary action against violatom may consist of immediate tennination of emplc'yment. B, It is illegal and a violation of this Policy to take a medication prescribed for someone else. prescription medicine must be prescribed for the IItser by a licensed physician. C, All employees are prohibited from consuming alcohol for four (4) hours prior to reportin,g for duty and for eight hours after an acciden'~ or until he/she has been tested pursuant to this Policy, This prohibition applies equally to Transit Employees and CDL Holders 'by virtue of federal regulations, D, Any and all employees who are on an on- call wor.Jc status will not consume alcohol while on-calL 1.6 .NOT1:FICA TION REQUIREMENI'S: A. ~f any employee is prescribed a drug whose lI:se may affect their job perfonnance, that employee must immediately notify his/her supervisor of the prescription. For example, if an employee's prescription drug label reads that thl~ user should not operate a car or machinery while taking the drug or that the drug C(l!uses drowsiness, and the employee operates' a car or machinery in the course of his or her ,employment, or if the employee is a safety-sE!nsitive employee, that employee must notify his/her supervisor of the prescription, B, 1;mployees who are not on an on-call status, but are called during non-working hours and who have been drinking alcohol must ~':"':::I'~ Marcil 1998 injonn the caller that they have been consuming alcohol and cannot respond to the request. No disciplinary action will be taken against the employee for not responding due to the consumption of alcohol when the employee is not on-calL C, Appropriate law enforcement agencies will be notlfied of any controlled substances found on Commission property and these substances will be disposed of in accordance with policies and procedures of the law enjorcement agency called, D, Employees must notify their department head if they are convicted of any criminal drug statute in connection with activity occurring in the workplace, This notlfication must be made within 5 days of the conviction. 1,7 TESTING PROCEDURES: A, DruQs, Urine tests will be used for the detection of drugs and controlled substances, (1) Regular em"lollees, Standards, procedures and processes for drug testing are available for review at the Risk Management office, (2) Transit emplouees and CDL Holders, Standards, procedures and processes for testing of Transit employees and CDL Holders are found in the federal regulations cited in paragraph 1,3 above, and are available for review at the Risk Management Office, (3) Every urine specimen shall at a minimum be tested for: (a) Marijuana; (b) Cocaine; (c) Opiates; (d) Amphetamines; and (e) Phencyclidine (PCP). B. AlcohoL Breath and/or blood tests will be usedfor the detection of alcohoL (1) Regular etn1Jlollees, Standards, procedures and processes for alcohol tests are available for review at the Risk Management office, (2) Transit etn1Jlouees and CDL Holders: Standards, procedures and processes for testing of Transit employees and CDL Holders are found in the federal regulations cited in paragraph 1,3 above, and are available for review at the Risk Management Office, 1,8 ACTIONS REQUIRED FOR POSITIVE TEST: A, Laboratoru, Once a specimen has been tested as positive on an initial screening, a conftnnatory test will be conducted prior to the laboratory's reporting the specimen as a positive result, (1) ReQular Emplouees, Once confirmed, the laboratory will report the results with allied documentation to the MRO, through the Risk 4 '. . . I Subs;a;lceAb~ecPolicy. Augusta - Richltloml Couluy Commissioll i ~ Marclll998 .' Management Office, (2) T.ransit EmDlovees and CDL Holders: All laboratory reports will be sent from the laboratory testing facility directly to the MRO, B, Medical Review Officer, The MRO will verify all positive test results by first reviewing laborat4)ry reports, and confirming that a proper I:hain of custody (procedures to account for the integrity of each specimen by tracking its hal'ldling and storage from point of collection to final disposition) was followed, The ,MRO will then contact the employee to discuss the positive result. If verification of prescription drug use is required in connection with th<<~ MRO's investigation of a positive result, the MF~O shall meet personally with the emploYE:e, Otherwise, the MRO may contact the emploYE:e by telephone, If the MRO finds that a valid medical reason explains the positive result, the MRO will report the test results to Risk Management as negative, If thc! MRO is unable to find a valid medical reason lor a positive result, the positive result will be reported to Risk Management, C, Testina of Additional SamDle, In accordance with federal regulations{for Transit employees and CDL holders) and Commission authority for all other employees, urine drug tests shall be according to the split sample method, whereby the sample provided is divided into twl> bottles, Upon being notified of a positive test result by the MRO, a Transit Employ<<~e or CDL Holder may request that the split sample be tested, This request must be made wl:thin 72 hours of the MRO's notification, Requests made after 72 hours will only be acceptecl if the delay was due to documentable facts that were beyond the control of the employee, Testing of the split sample will be according to federal regulations D, J~isk Manaaement. For all employees other than Transit Employees and CDL Holders, Risk Management receives positive reports from the labc'ratory and forwards those reports to the MRO, (Reports for Transit Employees and CDL HoZclers are forwarded from the laboratory directly to the MRO, as outlined in paragraph l,8,A,(2) above, Risk Management is also responsible for notifying the appropriate departm.ent when action is required to be taken according to this Policy, E, Deoartment Manaaement, Upon notification by Risk Management that an employee has tested positive for an illegal substanl:e, department management will inform the employee that he/she is in violation of this Policy and as such will be placed on administrative leave (with pay) with a rec011l11lAmdation for termination, Department management will terminate any scifety-sensitive employees violating this Policy, F, Positive alcohol tests, (1) An employee with a blood-alcohol level of 0,04 or higher is in violation of this Policy and, as such, the employee will be immediately removed from his/her duties and placed on administrative leave with up to three days with pay with recommendation for termination. If applicable, the employee will be advised of programs available for rehabilitation. (2) Employees who are found to have an alcohol concentration of 0,02 or greater but less than 0,04 will not be permitted to perform their job duties until: (a) The employee's alcohol concentration measures less than 0,02; or (b) The start of the employee's next regularly scheduled duty period, but not less than eight hours following administration of the test, G, Emplouee Appeals, Any employee wishing to appeal any action taken pursuant to this Policy will do so in accordance with the Personnel Policies and Procedures ManuaL H, Rehirina Terminated EmDlouees, Employees terminated for violation of this Policy will not be considered for rehire by the Augusta Commission for a period of one year from the date of termination, Acceptable proof of completion of an approved rehabilitation program will be required before rehiring will be considered, 1,9 ALCOHOL TESTING OF TRANSIT EMPLOYEES and CDL HOLDERS: A, Federal regulations stipulate specific criteria to be applied to when Transit Employees and CDL Holders are tested for alcohoL Those regulations provide, in part, that: (1) Alcohol tests will only be conducted just before, during or just cifter the performance of scifety sensitive job functions, (2) Alcohol testing will be conducted if the employee is injured, from a job related activity (on-the10b injury) and medical treatment is provided to the employee, (3) A Transit employee or CDL Holder with a blood-alcohol level of ,04 or higher is in violation of federal regulations and this Policy, Such employee will be immediately removed from his/her scifety-sensitive duties and will be terminated, As part of this process the employee will be advised of programs available for rehabilitation, if applicable, (4) Transit Employees or CDL Holder found to have an alcohol concentration of 0,02 or greater but less than 0,04 will not be permitted to perform safety sensitive functions until: 5 ", , I" Subsiani:eAb~se ;OliCY!:' Allgusta- R/clmtOlld COUllty Commissioi,. !.:.':..:,:..,..:....:.:;:!;l.1' . March 1998 " (a) The employee's alcohol concentration measun~ less than 0,02; or (b) The start of the employee's next regularly scheduled duty period, but not less than eight hoursftlllowing administration of the test, 1,10 Rl~FUSAL TO SUBMIT TO TESTING: A, R'efusal to submit a urine, breath and/or blood SlJ,mple when required under this Policy will bE: considered a refusal to follow reasonable instructions connected with a conditie'n of employment and will subject the employE~e to disciplinary action up to and includir.t9 discharge from employment. B. Rl~fusal can include: (1) Ar.t inability to provide a sufficient urine specimen or breath sample without a valid medical explanation; (2) A toerbal declaration; (3) Obstructive behavior; or (4) Physical absence resulting in an inability to perfonn the test. C, Any employee who is suspected of providirl,g false information in connection with a test, or who is suspected of falsifying test results through tampering, contamination, adulter(!tion or substitution shall be required to undergo an observed collection, Confirmation of tamp'ering, contamination, adulteration or substitution may result in immediate terminaition from employment. 1,11 CONFIDENTIALITY: A, 'l'he privacy interests of employees and the le~,itimate interests of the Augusta Comm~rlon in implementing and maintaining a substanf:e abuse program will be accomplished by: (1) lfmiting the extent of inquir:ies to those necessaJ'Y to effectuate this Policy; (2) assuring that disclosure of, and access to, information generated under this Policy is on a strict need-to-know basis; and (3) irtforming employees of the purpose for which the information is sought, B, If a third party requests inJormation (for example, in the context of a reference check), regarding Augusta Commission's decision not to hire an .:tpplicant or not to transfer or promote or to terminate an employee, and that decision is baseci! on a violation of this Policy by the appUCaTLt or employee, the reason given for such decision will be that the applicant or employe,e did not comply with policy, No furtherlnformatlon will be given to any third party W1!thout the prior written consent of the applicar.lt or employee, except in the following circumstances: (1) inJormation may be given to Risk Management, to laboratories and to the MRO for the purpose of administering this Policy; (2) inJormation may be given to the employee's department head, when a recommendation of disciplinary action has been made and it is that department head's responsibility to carry out such disciplinary action; (3) information may be released to the Department of Labor and appropriate representatives of the Augusta -Richmond County Commission in the event an employee discharged for violations of this Policy applies for and/or appeals a denial of unemployment compensation; (4) inJormation may be released pursuant to an order from a court of competent jurisdiction or other tribunal; (5) inJormation may be released to the Equal Employment Opportunity Commission or the Human Relations Commission if requested in connection with any inquiry or investigation by either such body; and (6) inJormation may be released to those persons or bodies hearing any appeal by an employee of any action taken pursuant to this Policy, C, Release of Information as to Transit Employees or CDL Holder: (1) The Commission shall release information regarding a Transit Employee or CDL Holder record as directed by specific written consent from the employee authorizing release of the information to an identified person, (2) A Transit Employee or CDL Holder is entitled, upon written request, to obtain copies of any records pertaining to his or her use of a prohibited substance, including any records pertaining to test results, (3) The Commission may disclose iriformation that is required to be maintained to the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the employee tested, (4) When requested by the National Transportation Safety Board as part of an accident investigation, the Commission shall disclose information related to its administration of drug and alcohol tests following the accident, (5) Records shall be made available to subsequent employers upon receipt of written request from the Employee, (6) The Commission shall disclose data for its drug and alcohol testing program and any other information pertaining to its anti-drug program, when requested by the Secretary of Transportation or any Department of Transportation agency with regulatory 6 ~'C~Ab~e;OIiCY A hinondCoullty Commission , ," Marcl, 1998 -+ authoril':y over the Commission transit system or Fede,ul Highway Administration - DOT, 1,12 CONTRACTORS: Persons engaged by the Commission as independent contractors shall be required to comply with Georgia's Drug-Free Workplace Act, O,C,G.A. sec, 50-24-1 et seq" before they may perfonn services for the Commission. Complia'.11ce shall be in the fonn of certification before beginning services (see Appendix 1), and documeilltation of continuing compliance as reasonably requested by the Commission, 1,13 C1JANGES TO POLICY: At tim~:, State or Federal law may require that additior.lal employees be tested for illegal substan,r:es, or that additional or different testing mechanisms and procedures be impletmnted, Said State or Federal law requirellrtents will supersede the relevant provisions of this Policy, and this Policy mayor may nOl~ be amended to reflect those changes prior to their effective date, Affected employees will be notified in advance of any impletm!ntation of changes as a result of State or Fede7ullaw requirements. 1,14 CONI'ACT PERSONS: A, the proponent agency for this Policy is Risk Management. Any comments, questions or recommfmdations applying to this Policy or testing program should be referred to the Risk Management Manager, located in Room 217, Municip.:zl Building, 530 Greene Street, Augusta, Georgia, 30911 (706) 821-2301 or FAX (706) 821-2502, B, Bec:ause the MRO is not an employee of the Commis:>ion any employee wishing to contact the MRO should contact the Risk Manager, C, 'l'he Employee Assistance Program is "CONCEllN'- EAPj located at 961 Broad Street and whose telephone number is 722-2353 or 1- 800-285-2353, REHABILITATION POLICY 2,1 RE1irABlLITA TION POLICY: A, VCl.luntaJ'Jl Partici"ation, Mum a regular employee (not probationary, part-time or temporary) comes forward PRIOR to notification of a random or for-cause test, seeking help with a substance abuse problem, that employee will be allowed to enter an approved rehabilitation program, as outlined below, The employee is subject to all of the provisions of the rehabilitation policy, If a regular employee DOES NOT come forward as described above, and tests positive on an illegal substance screening, that employee may be immediately terminated from employment, Any employee who desires to voluntarily participate in rehabilitation will be allowed to enter an approved detoJqfication and/or rehabilitation program with no Commission participation in cost other than as provided under the employee's group health insurance program. The employee will be allowed the use of any accrued leave time (sick and/or vacation) during hisjher absence from work for this treatment. If there is no leave time available, the employee will be placed on leave without pay, Prior to returning to work, the employee shall submit to the Human Resources Department, in writing, proof of completion of the program and competence to return to work, Employees who have completed a detoxification and/or rehabilitation program will not be afforded any further opportunity by the Commission or through the Commission's resources to re-enter a detoxification and/or rehabilitation program for a second time, B, Partici"ation in Rehabilitation Directlll throuqh EAP, If any employee comes forward voluntarily directly to the Employee Assistance Program (EAP) (without first going through either Human Resources or Risk Management), and the EAP finds that the employee is a risk to the safety of himselfjherself and/or others, the EAP will notify Risk Management that the employee is seeking treatment directly through EAP, The employee will not be tenninated from employment unless the employee fails to enter and successfully complete the substance abuse program designed for him/her by the EAPj however, such employee shall be placed on leave until such time as he/she is no longer considered a risk to the safety of hlmselfjherself and/or others, The EAP will keep the Commission infonned of the employee's progress through the rehabilitation program. The employee will be required to sign a statement prior to being admitted to the EAP acknowledging that the Commission may be notified of his entry into the program under the above circumstances, C, Failure to Complete Rehabilitation, Employees who do not successfully complete a rehabilitation program will be terminated and may not be considered for re-hiring for a period of one year from the date of termination. Acceptable proof of satisfactory completion of 7 . . ~ce Ab~se Policy Augusta - R!chmond County Commission March 1998 a rehabIlitation program will be required before re-hirina will be considered, D, D!sci"linarv Action. Refe1ral to the EAP does not deprive the Commission of the option of taking disciplinary action against any employee in accordance with this Policy, 2,2 POST REHABILITATION: A. Aj'lY employee who successfully completes a rehabilitation program and returns to work will be c:onsidered a probationary employee for the ned three-year period, The classification of "prollO.tionary" applies to substance abuse testing ,rmly, when used in the contert of this Policy, The employee shall be responsible for the costs of such tests, An employee's refusal or faiw:re of any such test will cause the employee to be immediately tenninated, B, P.rior to returning to work, the employee will be tested for illegal substances and will be tested on an unannounced basis thereafter during the period of probation, said testing not to exceel~ 12 times each year, INDIVIDUALS SUBJECT TO TESTING 3,1 APPLICANTS/NEW EMPLOYEES: All ~pplicants who have been ertended a conditio:rtal job offer will be required to do the followin!1 as part of the employment process: A, Sl'UJmit to an illegal substance screening before bc~coming an employee of the Commission , Such ;screening must be completed within 24 hours oJ'the time the applicant is instructed to submit ;to the screening, Any screening not complet~!d within that 24 hour period will not be accepted, B, Slgn a Substance Abuse Coverage Form (Form s.~ 1, a copy of which is attached as AppendLtc 2) within 45 days of the first day of work, wJ1ichform states that the applicant has read, understands and agrees that he/she is subject to this Policy as a condition of employment with the Commission, The signed form will be retained in the employee's personn.d file, C, S;[gn a Test Consent Form (SA-2, a copy which u: attached as Appendix. 3), which form authori2es the Commission and/or its represeTI,tatives to perform the appropriate tests to identify the presence of drugs or controlh!d substances and releases test results as nec~;sary to administer this Policy, The signed J'orm will be forwarded to the Human Resourcf!S Department where it will be retained in the eTI1Ployee's personnel file, D, Refusal of an applicant to sign Form SA-I or SA-2 will remove the applicant from consideration for employment with the Commission since the employment process cannot be completed, 3,2 TRANSFERS/pROMOTIONS: A, Any employee who transfers or is promoted into a scifety-sensitive position will be drug tested prior to assuming the duties of the position. B. Any employee who is promoted or transferred so as to become a Transit Employee or CDL Holder will be drug tested, in accordance with Federal regulations, prior to assuming the duties of that position, 3,3 RETURN TO DUTY: A, Employees who have successfully completed a rehabilitation program will be required to take a drug and/or alcohol test with a negative result prior to returning to work. B, Employees registering between ,02 to ,04 (but not including ,04) on an alcohol breath- testing devise will be tested prior to returning to duty to ensure their blood alcohol content is below ,02, C, Transit Employees or CDL Holders who are out of work due to workers compensation leave for 8 or more days will be drug tested prior to resuming their job duties, 3,4 POST-ACCIDENl': A. Re(1Ular Emplouees, (I) Any employee involved in an accident or incident in the course of employment who is inJured and who requires and/or receives medical treatment for the injury will be drug and alcohol tested, (2) Employees who receive medical treatment for an occupational exposure (exposure to disease, bloodborne pathogen) will not be drug or alcohol tested, if the treatment is solely for the occupational exposure, (3) Any employee will be drug and alcohol tested when, while operating a governmentpmotor vehicle, an accident occurs and results in a fatality, B, Transit Em"louees and CDL Holders, Federal regulations establish the criteria for post-accident testing for Transit Employees or CDL Holders, Testing will be administered when: (I) afatality occurs from an accident; (2) the employee receives a citation under State or local law for a moving traffic violation arising from the accident; (3) a vehicle accident occurs and any of the vehicles cannot move from the accident scene 8 ~'ce Abuse Policy Marcil 1998 Augusta - Richmond Couilty Commission under their own power, This also applies to a single Vi~hicle accident; or (4) the performance of an employee could have cOI'ltributed to the accident, as determined by manrlgement usl.ng the best iriformation at the timf~ of the decision, C. ,Employees will be tested as soon as possible' after the accident but not more than 32 hours after the accident, D, E'mployees who are irifured in the course of their employment, and refuse medical treatment may be tested under the provisions of "For Cause" testing, The irifury must be of such gravity as to obviously require medical attention. 3,5 FOl~-CAUSE (REASONABLE SUSPICION): A. i:lny employee may be tested for illegal substances and/or alcohol when, based on specific, contemporaneous, articulable observal:ions concerning the appearance, behavioJ", speech, or body odors of an employee, it is cletermined that there is reasonable suspicion that the employee is violating this Policy, B, Jln illegal substances screening which shows that a specimen may have been diluted, tamperEd with, or substituted will be considered reasonable suspicion for additional, for-cause testing, C. ~~he number of employees requested to participate in a for-cause screening based on a workpfuce incident may range from a single individual to all personnel who were involved in the incident or had access to the work area in which tile incident occurred, D, 'To initiate a for-cause screening, the appropriate Department Head will use the For- Cause 7'est Authorization Form (SA-3) attached as Appel'ldix 4, 3,6 RANDOM TESTING PROGRAM: A, Gtm.eraL (1) !:mployees classified as safety.sensitive will be 1'andomly tested for illegal substances, A safety.sensitive employee may be tested up to once pel' month, (2) Criteria and standards for random testing for regular employees are available for review tit the Risk Management Office, Criteria and standards for random testing of Transit EmploYf~es and CDL Holders are found in the federal regulations cited above, which are available for review in the Risk Management Office, B, PllOGRAM INTEGRITY: To ensure the selection process maintains tnLe random integrity, no names, social security numbers, employee numbers or any other identification of individuals will be provided to the agency which is responsible for selecting the random numbers to be tested, which numbers are generated through a computer program. TRA1NlNG 4,1 NEW EMPLOYEES: All full.time, regular new employees will be required to attend an orientation within 45 days of their first day of work. The orientation will include a program for Drug Awareness/ Effects of Drug Abuse and a briefing on this Policy, 4,2 TRANSIT EMPLOYEES and CDL HOLDERS: A, All Transit Employees and CDL Holders, whether full-time or part-time, will be required to attend an orientation within 45 days of their first day of work. The orientation will include a program for Drug Awareness/ Effects of Drug Abuse and a briefing on this Policy, Transit Employees and CDL Holders will be also be required to attend a one. hour training session on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms which may indicate prohibited drug use, An additional hour of training will be required regarding alcohoL B, Supervisors of Transit Employees and CDL Holders who may make reasonable suspicion determinations will be required to attend one hour of training on drug abuse and one hour on alcohol abuse, 4,3 ANNUAL TRAINING: All employees will be required to attend a one-hour class on the effects of Drug and Alcohol abuse each year, APPENDICES: 1, Contractor Certificate 2, Substance Abuse Coverage Form 3, Test Consent Form 4, For Cause Test Authorization Form 5, Supervisor Referral Form 6, Alcohol Fact Sheet The proponent agency for this policy is Risk Management, Any comments questions, or suggestions should be sent to: Risk Management, Room 217 Municipal Building, 530 Greene Street, Augusta, Georgia 30911 or by calling (706) 821-2301, 9 I .substai.!ce Ab~e - Richmond County Commission March 1998 CERTIFlCA TE 1, 01 (company name) (contractor/vendor's certifying official) (Address) certify that a drug-free workplace will be provided for the employees of this company during the perfonnance of this contract pursuant to section 50-24-3 of Q,C.G.A. I further certify that in accordance with Q, C. G.A, 50-24-3 paragraph (a) subsection (2), that should this company require the services of a subcontractor as part of this contract, that all subcontractors will be required to provide this company with a certificate of compliance for the establishment of a Drug Free Work Place, I understand that a drug-free work place may be provided by my: (1) Publishing a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's/subcontractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a drug-free awareness program to inform employees about: <I, The dangers of drug abuse in the workplace; b, The contractor's/subcontractor's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance program; and (I. The penalties that may be imposed upon employees for drug abuse violations. (3) Providing each employee with a copy of the statement provided for in paragraph (1) above. (4) Notifying each employee in the statement provided for in paragraph (1) above, that as a condition of employment. the employee shall: a. Abide by the terms of the statement; and b. Notify the contractor/subcontractor of any criminal drug statute conviction for a violation occurring in the work place within five days of the conviction; (5) tllotifying the contracting principal representative within ten days after receiving from an employee or a subcontractor a notice of conviction as provided under paragraph (4),b above or otherwise receiving actual notice of such a conviction; (6) Making a good faith effort on a continuing basis to provide a drug,free workplace for employees; and (7) Requiring that such contractor/subcontractor include in any agreement or contract with a subcontractor a provision that such subcontractor will provide a drug-free workplace for his employees by complying with the provisions of paragraphs (1), (2), (3), (4), and (6) listed above. (Signature) (Printed Name & Title) APPENDIX 2 10 I Substance Abuse Polley uSfa - Richmond COUltty Commission March 1998 SUBSTANCE ABUSE COVERAGE FORM I, , have read and understand the Augusta - Richmond County Commission Substance Abuse Policy (the "Policy"), I further understand that the manufacture, use, possession, sale or distribution or presence in body of alcohol, drugs or illegal substances in the work place is strictly prohibited and may lead to my immediate discharge from employment. For purposes of this Policy, "drugs" or "illegal substances" or "controlled substances" is defined to include illegal street drugs, legal drugs either taken for non-medical reasons or without a valid prescrip1:ion and alcohol, but not to include prescription medication taken in accordance with a physician's prescription and instructions, I also understand that the presence of such substances in my syst,~m during work hours places unacceptable risk and burden on the safe and efficient operation of my job, and, consequently, is strictly forbidden. I und'3rstand that if I am a Transit employee or an employee required to have a CDL I will be tested in accordance with testing requirements established by Federal regulations. I understand that if I work in a safety-sensitive position (as that is defined in the Policy), I may be tested for illegal substances on a random basis, I also understand that Augusta - Richmond County has a zero tolerance policy for safety - sensitive employees, such that I will be terminated for any violation of the Substance Abuse Policy, I understand that based on reasonable suspicion, I may be tested for illegal substances (a "for- cause test"). I understand that if I successfully complete a rehabilitation program and return to work for Augusta-Richmond County, I may be tested for illegal substances on a random basis up to twelve times per year for three years and that it is my responsibility to pay for these tests as a condition of my employment, I understand that if I am involved in an accident which results in my requiring and/or receiving medical attention for injuries, I may be tested for illegal substances (a "post-accident test"). I understand that Federal testing requirements, for Transit employees and holders of CDL licenses, may require drug and/or alcohol testing in cases of vehicle accidents, even though there may be no injuries. I also understand that my arrest and/or conviction for off-the-job drug and/or alcohol activities, including driving under the influence, may constitute grounds for reasonable suspicion and a for-cause illegal substances screening, and may cause me to have action taken against me, taking into consideration (among other things). the nature of the charges, my job assignment and my record with the Augusta - Richmond County Commission, I undtHstand that it is my responsibility to read the Augusta - Richmond County Substance Abuse Policy entirely, and that my cooperation with, and adherence to, the Augusta - Richmond County Commis~;jon policies and procedures regarding substance abuse are conditions of my employment with Augusta - Richmond County, and that if I violate or am insubordinate by refusing to cooperate with any of these policies and procedures, I am subject to discipline up to and including discharge, / Employee / Payroll # 11 DATE FORM SA-1 I . Substaf,ICe Abuse Policy I Augusta - Richmom/ COUllty Commission June 1998 APPENCIIX 3 SUBSTANCE ABUSE TEST CONSENT FORM I, , do hereby give my consent to the Augusta - Richmond County Commission (or its agent(s)) to collect a urine, breath and/or blood sample from me as may be required under conditions of the Augusta - Richmond County Commission's Substance Abuse Policy, I further give my consent to the Commission to forward the sample(s) to a qualified laboratory for its performance of appropriate tests thereon to identify the presence of substances illegal under the Substance Abuse Policy, I further give the testing laboratory my permission to release the results of such test to Augusta-Richmond County Commission, Risk Management and/or the Medical Review Officer for the Augusta-Richmond County Commission, I hereby certify that I will not adulterate or substitute any urine sample given under the Substance Abuse Policy, Employee Payroll No. Date Witness Date FORM :SA-2 . ,1. Subst~!ce Abuse eQlic~ Augll$ta - Imond Coul1ty Commi ' March 1998 * * * PERSONAL AND CONFIDENTIAL * * * FOR-GAUSE/REASONABLE SUSPICION DRUG TEST AUTHORIZATION FORM 1. FOR-CAUSE TEST is requested for: Print Employee Name: Payroll #: Department: Job Title I Physical Signs or Symptoms 01. Possessing, dispensing, or o 8. Loss of physical control, poor 015. Dilated or constricted using prohibitod substance, coordination, unsteady gait, pupils or unusual eye movement o 2. Slurred or incoherent speech o 9, Extreme fatigue or sleeping 016, Excessive sweating or on the job, clamminess of skin o 3. Bloodshot or watery eyes o 10. Flushed or very pale face o 17, Shaking hands or body o 4. Odor of alcohol tremors, o 11, Nausea or vomiting o 5, Odor of Marijuana 018, Dry mouth o 12. Disheveled appearance or o 6. Runny nose or sores around out of uniform o 19. Breathing irregularity or nostrils. difficult breathing o 13. Dizzyness or fainting o 7, Puncture marks or "tracks" o 20, Inappropriate wearing of o 14. Highly excited or nervous sunglasses. o 21. Other (describe below) 1, Has there been a change to the employees quality and quantity of work? o NO If so describe: 2. Has the employees work relationships changed with fellow employees? o NO If so, describe: 3. Does the employee appear to "bring his personal/family problems" to work more than usual? 0 NO If so, describe: 4, Have you noticed any recent changes in personality, moods, or behavior? ONO If so, describe: J .. .. I I . .~ Substa4,ce A buse Policy Augusta - Richmond County Commission March. 1998 I PAGE 2 FOR-CAUSE REASONABLE SUSPICION DRUG TEST AUTHORIZATION FORM NATURE OF INCIDENT/CAUSE FOR SUSPICION o 1, Observed possession or use of a prohibited substance o 2, Apparent drug or alcohol intoxication, o 3, Observed abnormal or erratic behavior, o 4. Other: 2. Test requested by: Signature Date: Printed Name: Payroll #: Job Title: Department: 3, TEST AUTHORIZED BY: Signature: Date: Printed Name: Empl #: Job Title: Department: Additional Informatio,n FORM SA-3 J . buse Policy .,........... Augusta - Ricll11umd COU1lty Commission March 1998 APPENDIX 5 TO SUBSTANCE ABUSE POLICY -CONFIDENTIAL- NOTE: NOT FOR INCLUSION IN PERSONNEL FILE - Please print or type This form is to be used as a guide in determining the extent and exact nature of the decline of your employee's job performance. Please review the form with your employee. and be sure that both parties siQn, Please call if you have any questions, Upon completion of the form please forward to: CONCERN, Employee Assistance Program, 961 Broad Street, Augusta, GA 30901-1232 Telephone: 722-2353, Toll Free 1-800-285-2353, FAX: 7229619 NAME AND TITLE OF EMPLOYEE: COMPANY: DEPARTMENT: CHANGES IN WORK BEHAVIOR () (Please explain in detail indicating when you first noticed changes,) Frequent short absences: Tardiness: Unexplained disappearances from work station: Reduced quantity of work: Reduced quality of work: Erratic work performance: Missed deadlines: Complaint~; from fellow workers: Errors due to inattention or poor judgement: Repeated minor accidents on or off job: Inability to concentrate: Irritability: Overreaction to criticism: ,'. . ~ Substa~!ce Abuse Policy Augusta - Ricllmond County Commission CONCERN: EAP SUPERVISORY REFERRAL FORM Complaints of not feeling well: Undependable statements: Deteriorati ng appearance: Outside forces (i.e" family and financial garnishments) beginning to interfere with work: HospitalizHd more than should be expected: Changes in personality pattern: The above listing is inte:nded only as a guide. These indicators are most reliably applied to employees who have been good perfonners in the past but who have had a recent decline in job perfonnance. Additional Infonnation: (Please list any additional infonnation or comments which you feel could be helpful. Attach additional sheets if necessary.) RELEA.SE OF INFORMATION: (To be reviewed and signed during interview) I authorize CONCERN: EAP to advise the person listed below whether or not I scheduled and/or kept an appointment for services. EMPLOYEE: DATE: SUPERVISOR: TITLE: TELEPHONE: DATE: CONTACT PERSON: TELEPHONE: (If different than above) '. .. .: Augusta - Richmond County Commission March 1998 ALCOHOL FACT SHEET Alcohol is a socially acceptable drug that has been consumed throughout the world for centuries, It is considered a recreational beverage when consumed in moderation for enjoyment and relaxation during social gatherings, However, when consumed primarily for its physical and mood-altering effects, it is a substance of abuse, As a depressant; it slows down physical responses and progressively impairs mental functions, Signs clnd Symptoms of Use * Dulled mental processes * Lack of Coordination * Odor of alcohol on breath * Possible constricted pupils * Sle:epy or stuporous conditions * Slowed reaction rate * Slurred speech (NOTE: Except for the odor, these are general signs and symptoms of any depressant substance) Health Effects The chronic consumption of alcohol (average of three servings per day of beer [12 ounces], whiskey [1 ounce], or wine [6 ounce glass]) over time may result in the following health hazards: * Decreased sexual functioning * Dependency (up to 10 percent of all people who drink alcohol become phvsically and/or mentally dependent on alcohol and can be termed "alcoholic"), * Fatal liver diseases * Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast and malignant melanoma, * Kidney disease * Pancreatitis * Spontaneous abortion and neonatal mortality * Ulcers * Birth defects (up to 54 percent of all birth defects are alcohol related). Social Issues * Tw()- Thirds of all homicides are committed by people who drink prior to the Crime, * Two to three percent of the driving population is legally drunk at anyone time, This rate is doubled at night and on weekends, 1 .. . ~ . .':Augllsta, ~ Richmond County Comndssion ~~ .. March 1998 .~ ; I SubstanceAbuse1Policy * Two thirds of all Americans will be involved in an alcohol-related vehicle accident during their lifetimes, * The rate of separation and divorce in families with alcohol dependency problems is 7 times the average, * Forty percent of family court cases are alcohol problem related, * Alcoholics are 1 5 times more likely to commit suicide than are other segments of the population, * More than 60 percent of burns, 40 percent of falls, 69 percent of boating accidents, and 76 percent of private aircraft accidents are alcohol related. THE AI\lNUAL TOLL * 24,000 people will die on the highway due to the legally impaired driver. * 1 :2,000 more will die on the highway due to the alcohol-affected driver. * 1 !),800 will die in non-highway accidents, * 30,000 will die due to alcohol-caused liver disease, * 10,000 will die due to alcohol-induced brain disease or suicide. * Up to another 125,000 will die due to alcohol-related conditions or accidents, Workpl,ace Issues * It takes one hour for the average person (1 50 pounds) to process one serving of an alcoholic beverage from the body, * Impairment in coordination and judgment can be objectively measured with as little as two drinks in the body, * A person who is legally intoxicated is 6 times more likely to have an accident than a sober person, f, " ~ ", 'I .., Substar.lce Abuse Policy . Augusta - Richmond County' Commission Marcil 1998~'