HomeMy WebLinkAboutPOLICY AND PROCEDURES ON SUBSTANCE ABUSE
I pOIJC\' MjD PU~OSE: h it is \he l'olicJ ot \he
. hleJIl ot subsWl'ce a use, & s
. . ot \he conlinuea an<\ gto""ng l'''' dlor alcobOl use bJ eral'loJee5 oe
1.1 I~ re~;:~e all reaSOnable JIleaSU'es 10 a,;s"";.fuat drU~:'erseIJ aIlcct Augusta eJIll'loJees, \he
n-ugus < t 'IS ol'etaUOllS or o",,,,",,,,se . ,\..
not jcol'ardiZC \he "",etJ 0 \ .' ~'\t" to cart'! out ilS reSjlonSlb\ lUes,
. to< nublic's trust 1n 1tS av11.;
co="",tJ, or e. ' < '~e abili\.)' 10 o1"""te
. JIll'loJee con\ro' 0' '" tbi
,"",ot and will not IOletate \aIlses JIl e. t\1 t . t an eral'loJee reo.un:e<\ under s
1.1.1 ~~taan~ l'roducti"eIJ' 'the 1"'licJ ot ~~gusIl' ~es ~r ~ailS such test, \he eJIll'loJee will be
, ' t ,ubslallce abuse ",,-,,er re
policJ 10 be tes\eU or stand including wn"nalion.
subject to discil'l\Jlllf)' JIleasures U1' 0 . . ' ceaures
1\' sta' s ~011c1es anu ~ro
. . 11 d adherence 10 \he n-ugu It JIll'loJee
I. I.? The eJIll'loJees' cool"'~at\eO':.r:~o:IiOllS ot \heir continuea eral'loJ"';":ese ~~cies and
arding subsWl'ce auUS ,ate wi\h anJ 0' '" ·
~~lateS or is inSUbOrdinate bJ re{uSl"g. ~ '::":easures Ul' 10 and including terroinalion.
.~, "O~ee is subject to ",scW \ ~,
l'",ceaures, ",e eral" "A: m'sIi' in
n \ The use ot \he ter!Il u",- '.
. . e AU sta substance Abuse ,0 \cJ. ta will roal<e a ""bhC
1.1.3 The tollO~ 15 fu < ~o \he Aum'sta go"eruJIlent. AUif" ." '0 ertsure that each
hi & c"",ent re,ets ' .-. . .\\ be """ert-en ,"
t SOt' ot \his policJ. EJIll'loJee \ralJlll'g "" . ,IS and hislher obligalion 10
,"",ounceJIlen: d \he policyS reo."""",en:
indi",-dual eJIll'loJee undersU'" S
onetate {ulIJ in \he tesun\\ l'",gtat"- , .
CO . d are a"",lable 10 ar
.' It's l'",cesses and 1"""" utes ' , .'
All reterences within fujS PohcJ to <<:If a \011 ....:e~t oflice locatea in ROOJIl 211, ",,,,,,cW
l.l A . . n \he RIsk ",,,,,,,ge,,'"
eJIll'loJee tOr re,,\eW ~\r t Augusta Georgia 309\1.
Building, 530 QreCne ee, ' . . 'U
. ti\\1e in its sole discre\l()\\' ""
. end \hiS pohcJ at anJ' ~ )
1.1.5 AUgusll' reset'ies \he n:gh:,toO~: betOre i\\l1'leJIlentat\on ot \he arnendn:1ent s .
daJs' writtet1 nolice 10 eJIlo'" . .
l' ot certain eJIll'loJees ""tinn t
W;SC\UPT NOTE'. federal laW req,uites teslng eS (49 CfR parIS 40 & 655)-
1.1.6 P d bOldets ot Co=ercial Dn"ets L\CellS eS rnaJ be different fu
7e::: ;:uireJIlents and l'roceaures tO~:es~:~I~~~uiteJIlent ot \his policJ
eJIll'loJees tested under au\hon\.)' ot ~~g ees,' such difference will be n~ted. fr;
as 10 regular and \ranSlt or CDL eJIll' ? \heir resl"'cti"e regulauollS. . '
tune federal and State ""II uJl<1~te re\l'1ts.eall becoJIle a l'art ot tbis l'ol\CJ W
. . ur the~ v,rill automa Ie
u~<iates/re\l'1S10nS occ
beco1l\e final Rule.
1.2 \'I: IS 'J1\1'.lli'fENT Of T\\lS pOLIC\' TO',
1.2.1. l'to",-de tOr a ~ftee ~o~~~:~s \he d~ent and \he l'ublic. ·
1.2.2. p",,,,-de tOr \he s",e\.)' 0' e,,,. " ' d alcobOl bJ eral'loJees ot AUgus..a,
J)etect and deter \he JIllSuse ot drUgs an
\.2.3
...,.
Adn:1inis\rati"e Regulation NO. 3-1
Effecli"e \)ale: januarY \6, 19~ h 24 2003
R"",sedlMl'",,,ea Date. arc 009
Re"'-sedl Ml"""ea Date: June 2, 2
W; ON S\lBST pJ'lCE ABUSE
AUGUSTA pOLIC\' AND PRoCEDU S
.
1.2.4 Comply with Federal, State and local regulations, policies or authority regarding substance
abuse testing of employees.
1.3 REFERENCES:
1.3.1 Federal Register. 49 CFR Part 40 (as amended): Procedures for Transportation Workplace
Drug and Alcohol Testing Programs; Final Rule
1.3.2 Federal Register. 49 CFR Part 655 (amended 812001) (replaces 653/654): Prevention of
Alcohol Misuse and Prohibited Drug Use in Transit Operations
1.3.3 The Drug-Free Workplace Act. 1988 (PL 100-690)
1.3.4 Georgia Code Title 50, Chapter 24, Drug-Free Workplace
1.3.5 Federal Register, 49 CFR Part 382 (as amended); Controlled Substances and Alcohol Use
and Testing (Federal Highway Administration, DOT).
1.4 DEFINITIONS:
1.4.1 Accident. For purposes of this Policy, "accident" means an occurrence or incident which
results in a post-accident drug screen as outlined in Part 2.4 herein, including:
For regular employees:
1.4.1.1 An incident involving a vehicle that has resulted in damage to property or physical
injury to a person(s). This Section includes Transit employees and CDL Holders
under the authority of Augusta; and/or
1.4.1.2 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. This Section includes Transit employees and CDL holders
under the authority of Augusta.
For Transit Emplovees and CDL Holders:
1.4.1.3 A vehicular accident which results in a fatality;
1.4.1.4 A vehicular accident which results in the Transit Employee or CDL Holder
receiving a moving traffic citation under State or local law;
1.4.1.5 A vehicular accident where one or more of the vehicles involved receive
disabling damage and cannot be moved from the scene under its own power
(including a single-vehicle accident) For the purposes of this definition,
disabling damage means damage which precludes departure of the vehicle from
the scene of the occurrence in its usual manner in daylight after simple repairs.
Disabling damage includes damage to vehicles that could have been operated
but would have been further damaged if so operated, but does not include
damage which can be remedied temporarily at the scene of the occurrence
without special tools or parts, tire disablement without other damage even if no
spare tire is available, or damage to headlights, taillights, turn signals, horn,
mirrors or windshield wipers that make them inoperative;
1.4.1.6 (URBAN Transit Employees): A vehicular accident in which the performance of
the Transit Employee or CDL Holder could have contributed to the accident, as
determined by management using the best information on hand at the time of the
determination; and/or
1.4.1.7. A vehicular accident in which any individual suffers a bodily injury and is
immediately transported away from the scene of the accident for medical
treatment.
1.4.2 Adulterated specimen. A specimen that contains a substance that is not expected to be
present in human urine, or contains a substance expected to be present but is at a
concentration so high that it is not consistent with human urine.
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1.4.3 Alcohol. The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular
weight alcohols contained in any beverage, mixture, mouthwash, candy, food, preparation or
medication.
1.4.4 Canceled Test. A drug test that has been declared invalid by a Medical Review Officer. A
canceled test is neither a positive nor a negative.
1.4.5 Contractor. A person or organization(s) providing a service for Augusta or its subordinate
departments, divisions, sections or agencies under a specific understanding or arrangement.
The understanding can be a written contract or an informal arrangement that reflects an
ongoing relationship between the parties.
1.4.6 Controlled Substances. (For the purposes of this Policy, see sub- paragraph 1.4.5 ("Drugs")
below.
1.4.7 Designated Employer Representative (DER):
An employee authorized by the employer to take immediate action to remove employees
from safety-sensitive duties and to make required decisions in drug testing. The DER also
receives drug test results and other communications for the employer. For the purpose of
this policy, the Designated Employer Representative (DER) is the Risk Management
Manger, Sandra Wright. In the absence of the Risk Management Manager, it shall be the
Risk Management Loss Control Officer, Joe Crozier. This also meets the requirements of 49
CFR Parts 40 and 655.
1.4.8 Department of Transportation (DOT): Department of the federal government which includes
the, Federal Transit Administration, Federal Railroad Administration, Federal Highway
Administration, Federal Motor Carrier's Safety Administration, Research and Special
Programs, and the Office of the Secretary of Transportation.
1.4.9 Direct Observation Collection: Procedure is the same as a routine collection procedure with
the additional requirement that an observer of the same gender as the individual physically
watches the employee urinate into the collection container.(DOT rule change 2008).
1.4.10 Dilute Specimen: A specimen with creatinine and specific gravity values that are lower than
expected for human urine.
1.4.11 Drugs. For the purposes of this Policy, "Drugs" include illegal street drugs, legal drugs
either taken 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
are considered controlled substances under Federal, State or local laws include, but not
limited to: marijuana, heroin, hashish, cocaine, hallucinogens, inhalants and designer drugs,
and depressants and stimulants which are not prescribed for current personal treatment by a
licensed physician.
1.4.12 Evidentiary Breath Testing Device (EBT): A Device approved by the NHTSA for the
evidential testing of breath at the 0.02 and the 0.04 alcohol concentrations.
1.4.13 Illegal Substances. For the purposes of this Policy, see sub- paragraph 1.4.5 ("Drugs") above.
1.4.14 Medical Review Officer.(MRO) A licensed physician (medical doctor or doctor of
osteopathy) responsible for reviewing laboratory results generated by the Drug Testing
program, who has 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 biomedical information; knowledge of adulteration or
substituted specimens. The MRO must also meet additional qualification training
requirements which can befound in Part 40.121 of the Federal Regulations.
A test result will not be deemed positive for the purpose of disciplinary action until ruled
positive by the Medical Review Officer (MRO).
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1.4.15 Negative-Dilute: A drug test which is negative for the five drug/drug metabolites but has a
specific gravity value lower than expected for human urine, second collection is required
under direct observation.
1.4.16 Safety-Sensitive Employee. Safety-sensitive employees are those who perform any of the
following tasks or duties, or have the following qualifications/job requirements:
1.4.16.1 Certified Law Enforcement Officers;
1.4.16.2 Jailers of Richmond County Sheriffs Office
1.4.16.3 911 operators/ communications officers;
1.4.16.4 Fire Fighters;
1.4.16.5 Crash Fire and Rescue employees (Bush Field);
1.4.16.6 Certified Correctional Officers;
1.4.16.7 Employees who mix chemicals with water;
1.4.16.8 Employees who fuel or maintain aircraft;
1.4.16.9 Employees who maintain airfield facilities, including aircraft ramps, taxiways or
active runways or median areas around ramps, taxiways and runways;
1.416.10 Employees whose responsibilities include airfield operations or planning
activities, in areas described in (1.4.8.9);
1.4.16.11 Employees who maintain, repair, or install traffic control markers, signs or
devices to include painting lane markers or directional indicators;
1.4.16.12 Employees of the Recreation Department, whose job responsibilities include
supervising youth (defined as "minor children"),; also those coordinating food
and beverage concessions sold to the public at events, requiring on-going
compliance for health standard.
1.4.16.13 Operators of heavy equipment or construction type equipment, without regard to
whether a CDL license is required
1.4.16.14 Employees who operate Augusta vehicles for which a Commercial Drivers'
License (CDL) is required while performing safety-sensitive functions, as defined
as:
1.4.16.14.1 While on duty, waiting to be dispatched, unless the driver has been
relieved from duty by the employer;
1.4.16. 14.2While on duty inspecting equipment as required by the Federal Motor
Carrier Safety Regulations (FMCSR's), or otherwise inspecting,
servicing, or conditioning any commercial motor vehicle at any time;
1.4. 16. 14.3While on duty at the driving controls of a commercial motor vehicle;
1.4.16. 14.4While on duty, other than driving time, spent on or in a commercial
motor vehicle (except for time spent resting in the sleeper berth);
1.4.16.14.5While 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;
1.4.16. 14.6While on duty performing the driving requirements associated with an
accident;
1.4.16. 14.7While on duty repairing, obtaining assistance, or remaining in
attendance upon a disabled vehicle
1.4.16.15 Employees who service or repair Augusta vehicles;
1.4.16.16 Control room operators, utilities departmentl.4.16.17 First line supervisors of
anyone listed above if their job duties require they perform the listed functions
1.4.16.18 Employees of the Transit Department performing safety-sensitive functions
("Transit Employees"). Such functions include:
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1.4.16.18.1 Operation of a revenue service vehicle, including when not in
revenue service;
1.4.16.18.2 Operation of a non-revenue service vehicle, when required to be
operated by a holder of Commercial Driver's license
1.4.16.18.3 Control of dispatch or movement of a revenue service vehicle;
Maintenance of revenue service vehicles or equipment used in
revenue service; and
1.4.16.19 Carrying a firearm for security purposes. First line supervisors of anyone listed
above are also defined as "Transit Employees" and are subject to testing under
this Policy if the position requires the employee to perform any of the duties
listed above.
1.4.16.20 Employees of animal control who have access to and lor administer
controlled substances, which are stored on the premise.
1.4.17 Substance Abuse Professional (SAP): A licensed physician (medical doctor or doctor of
osteopathy) or licensed or certified psychologist, social worker, employee assistance
professional, or addiction counselor (certified by the National Association of Alcoholism
and Drug Abuse Counselors Certification Commission or by the International Certification
Reciprocity Consortium! Alcohol and other Drug Abuse) with knowledge of and clinical
experience in the diagnosis and treatment of drug and alcohol related disorders.
1.4.18 Substituted specimen: A specimen with creatinine and specific gravity values that are so
diminished that they are not consistent with normal human urine.
1.4.19 Test Refusal: The following are considered a refusal to test and are treated the same as a
positive test result if the employee:
1.4.19.1 Fails to appear for any test (excluding pre-employment) within a
reasonable time, as determined by the employer, after being directed to do so by
the employer.
1.4.19.2 Fails to remain at the testing site until the testing process is complete
1.4.19.3 Fails to provide a urine or breath specimen for any drug or alcohol test (for
FT A/DOT this complies with Part 40 regulations).
1.4.19.4 In the case of a directly observed or monitored collection in a drug test, fails to
permit the observation or monitoring of your provision of a specimen.
1.4.19.5 Fails to provide a sufficient amount of urine or breath when directed, and it has
been determined, through a required medical evaluation, that there was no
adequate medical explanation for the failure.
1.4.19.6 Fails or declines to take a second test the employer or collector has directed you to
take.
1.4.19.7 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 as part of the "shy
bladder" or "shy lung" procedures.
1.4.19.8 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.
1.4.19.9 If the MRO reports that there is a verified adulterated or substituted test result
1.4.19.1 0 Failure or refusal to sign Step 2 of the alcohol testing form.
1.4.19.11 If you refuse to take a test.
1.5 PROHIBITIONS:
1.5.1 The possession, unlawful manufacture, 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.
1.5.2 It is illegal and a violation of this Policy to take a medication prescribed for someone
else - prescription medicine must be prescribed for the user by a licensed physician.
1.5.3 All employees are prohibited from consuming alcohol for four (4) hours prior to reporting
for duty and for eight hours after an accident, 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
1.5.4 Any and all employees who are on an on-call work status will not consume alcohol while
on-call status.
1.6 CONSEQUENCES FOR VIOLATIONS:
The following violations will result in an employee being placed on three days administrative leave
with pay with a recommendation of termination. At such time the recommendation of termination
will be forwarded to the Human Resources Director for review. The Human Resources Director will
schedule a conference with the Administrator or hislher designee to review the recommended
termination (See Augusta Administrative Regulation 3-3).
1.6.1 Employees who have drug test results confirmed by the Medical Review Officer as positive
for a prohibitive substance,
1.6.2 Employees who have a confirmed alcohol content of .04 or above, while on duty, confirmed
by an evidentiary breath testing devise or blood alcohol content,
1.6.3 Employees who refuse to test under the provisions ofthis policy,
1.6.4 Employees who adulterate or substitute their specimens and reported by GC/MS and
confirmed by the MRO,
CONSEQUENCES FOR OTHER VIOLATIONS:
1.6.5 Employees whose blood alcohol content is between .02 to .039 will be removed from duty
for a minimum of 8 hours and will receive appropriate disciplinary action appropriate to the
"Progressive discipline" policy provisions.
1.6.6 Negative Dilute when reported by the MRO will require a second test under direct
observation
1.7 NOTIFICATION REQUIREMENTS:
1.7.1 If any employee is prescribed a drug whose use may affect their job performance, that
employee must immediately notify the supervisor of the prescription. For example, if an
employee's prescription drug label reads that the user should not operate a car or machinery
while taking the drug or that the drug causes drowsiness, and the employee operates a car or
machinery in the course of employment, or if the employee is a safety-sensitive employee,
that employee must notify hislher supervisor of the prescription prior to coming on duty.
1.7.2 An employee who is not on-call status, but is called during non-working hours and who have
been drinking alcohol must inform the caller that the employee 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.
1. 7. 3 Appropriate law enforcement agencies will be notified of any controlled substances found on
Augusta property and these substances will be disposed of in accordance with policies and
procedures of the law enforcement agency called.
1. 7.4 Employees must notify the department head if the employee is convicted of any Georgia
Controlled Substances Act statute in connection with activity occurring in the workplace.
This notification must be made within 5 days of the conviction.
1.8 TESTING PROCEDURES:
1.8.1 Drugs Urine tests will be used for the detection of drugs and controlled substances
1.8.1.1 Regular employees. Standards, procedures and processes for drug testing are
available for review at the Risk Management office.
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1.8.1.2 Transit employees 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.
1.8.1.3 Every urine specimen shall, at a minimum, be tested for:
1.8.1.3.1 Marijuana; Initial cutoff 50 ng/mVconfrrmatory cutoff 15ng/ml
1.8.1.3.2 Cocaine; Initial cutoff 300 ng/mVconfirmatory cutoff 150ng/ml
1.8.1.3.3 Opiates; Initial cutoff2000ng/mVconfirmatory cutoff2000ng/ml
1.8.1.3.4 Amphetamines; Initial cutoff 1000ng/mVconfirmatory cutoff 500ng/ml
1.8.1.3.5 Phencyclidine (PCP) Initial cutoff25ng/mVconfirmatory cutoff25ng/ml
1.8.2 Alcohol Breath and/or blood tests will be used for the detection of alcohol
1.8.2.1 Regular employees. Standards, procedures and processes for alcohol tests are
available for review at the Risk Management office.
1.8.2.2 Transit employees 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.
1.9 ACTIONS REQUIRED FOR POSITIVE TEST:
1.9.1 Laboratory. Once a specimen has been tested as positive on an initial screening, a
confirmatory test will be conducted prior to the laboratory's reporting the specimen as a
positive result. Such test shall be performed by GCMS method.
1.9.1.1 Regular Employees. Once confirmed, the laboratory will report the results with
allied documentation to the MRO, through the DER /Risk Management Office.
1.9.1.2 Transit Employees and CDL Holders: All laboratory reports will be sent from the
laboratory testing facility directly to the MRO.
1.9.2 Medical Review Officer. The MRO will verify all positive test results by first reviewing
laboratory reports, and confirming that a proper chain of custody (procedures to account for
the integrity of each specimen by tracking its handling and storage from point of collection
to final disposition) was followed.
1.9.2.1 The MRO will then contact the employee to discuss the positive result.
1.9.2.2 If verification of prescription drug use is required in connection with the MRO's
investigation of a positive result, the MRO shall meet personally with the
employee.
1.9.2.3 Otherwise, the MRO may contact the employee by telephone.
1.9.2.4 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.
1.9.2.5 If the MRO is unable to find a valid medical reason for a positive result, the
positive result will be reported to the Designated Employer Representative as
positive.
1.9.2.6 As a qualified medical professional, the MRO's medical judgement cannot be
overturned by an arbitrator, employer, or anyone else in the testing program (in
accordance with Federal Regulations - 40.149)
1.9.3 Risk Management.
For all employees other than Transit Employees and CDL Holders, Risk Management
receives positive reports from the laboratory and forwards those reports to the MRO.
(Reports for Transit Employees and CDL Holders are forwarded from the laboratory directly
to the MRO, as outlined in paragraph 1.9.1.2 above.
1.9.3.1 Risk Management is informed of a confirmed positive test result, by the MRO; the
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Risk Manager (DER) will recommend to the appropriate department director that
the employee should be placed on three days administrative leave with pay with a
recommendation of termination from employment for a violation of this policy.
1.9.4 Department Management. Upon notification by Risk Management that an employee has
tested positive for an illegal substance or be under the influence of alcohol, department
management will immediately remove the employee from duty and initiate a letter of
termination to the employee, refer the employee to a Substance Abuse Professional and
inform the employee of their right to appeal the decision.
1.9.5 Positive Alcohol Tests
1.9.5.1 An employee with a confirmed blood-alcohol level of 0.04 or higher is in
violation of this Policy. Actions in paragraph 1.9.4 above will apply.
1.9.5.2 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 the job duties until: The employee's
alcohol concentration measures less than 0.02; or the start of the employee's next
regularly scheduled duty period, but not less than eight hours following
administration of the test.
1.10 TESTING OF ADDITIONAL SAMPLE. In accordance with federal and state regulations for
Transit employees and CDL holders and Augusta authority for all other employees, urine drug
tests shall be according to the split sample method, whereby the sample provided is divided into
two bottles. Upon being notified of a positive test result by the MRO, a Transit Employee or
CDL Holder may request that the split sample be tested. This request must be made within 72
hours of the MRO's notification. Requests made after 72 hours will only be accepted 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.
1.10.1 EMPLOYEE PLACED ON ADMINISTRATIVE LEAVE WITHOUT PAY: While
awaiting results of split sample, employee will not be allowed to use accrued
vacation time.
1.10.2 PAYMENT FOR TESTING: An employee's economic status will not bar them from
having the split tested. If an employee cannot afford to pay for the testing up front,
as a courtesy, Augusta will pay for this cost. Should the results from testing the split
sample uphold the original positive test result, the cost of the split test will be
deducted in full from the employee's next paycheck.. If there are not enough funds in
the employee's paycheck to cover the testing cost(s) this does not relieve the
employee from reimbursing Augusta for all associated cost incurred.
1.11 REVIEW OF TERMINATION RECOMMENDATION: The Human Resources Director or
designee will schedule a grievance with the Administrator or designee to review the departmental
recommendation of termination. The Administrator or designee will either uphold the
recommendation for termination or reject the recommendation
1.12 REHIRING TERMINATED EMPLOYEES
1.12.1 Employees being terminated for violation of this Policy will not be considered for rehire
by Augusta for a period of one year from the date the individual successfully completes
an approved rehabilitation program (acceptable proof of completion of an approved
rehabilitation program will be required before rehiring will be considered).
1.12.2 Employees who resign after being notified of a positive test result, by the MRO or
through the administrative process, will not be considered for rehire by Augusta, for a
period of one year from the date the individual successfully completes an approved
rehabilitation program. Acceptable proof of completion of an approved rehabilitation
program will be required before rehiring will be considered.
1.13 ALCOHOL TESTING OF TRANSIT EMPLOYEES and CDL HOLDERS:
Federal regulations stipulate specific criteria to be applied when Transit Employees and
CDL Holders are tested for alcohol. Those regulations provide, in part, that:
1.13.1 Alcohol tests will only be conducted just before, during or just after the performance of
safety sensitive job functions.
1.13.2 Alcohol testing will be conducted if the employee is injured, from a job related activity
(on-the-job injury) and medical treatment is provided to the employee.
1.13.3 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 safety-sensitive duties and will be terminated. As part of this
process the employee will be advised of programs available for rehabilitation, if
applicable.
1.13.4 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: The employee's alcohol concentration measures less than 0.02; or the start of the
employee's next regularly scheduled duty period, but not less than eight hours following
administration of the test.
1.14 REFUSAL TO SUBMIT TO TESTING:
1.14.1 Refusal to submit a urine, breath and/or blood sample when required under this Policy
will be considered the same as a positive test result.
1.14.2 Refusal can include;
1.14.2.1 Fail to appear for any test (except pre-employment test) within a reasonable
time, as determined by the employer;
1.14.2.2 Fail to remain at the collection site until the collection process is complete;
1.14.2.3 Fail to provide a urine specimen for any drug test;
1.14.2.4 Fail to permit observation or monitoring of your provision of a specimen;
1.14.2.5 Fail to provide a sufficient urine specimen without a valid medical reason as
verified by the MRO;
1.14.2.6 Fail or decline to take a second test the employer or collector has directed
you to take
1.14.2.7 Fail to undergo a medical examination or evaluation, as directed by the
MRO as a part of the verification process or as directed by the DER
(Designated Employer Representative);
1.14.2.8 Fail to cooperate with any part of the testing process (e.g. refuse to empty
pockets, behave in a confrontational way that disrupts the collection
process);
1.14.2.9 If MRO reports a verified adulterated or substituted test result, this is
considered a refusal;
1.14.2.10 If you refuse to take a drug test.
1.14.3 Any employee who is suspected of providing false information in connection with a test, or
who is suspected of falsifying test results through tampering, contamination, or substitution
shall be required to undergo an observed collection.
1.14.4 Confirmation of tampering, contamination, adulteration or substitution may result in
recommendation of termination from employment.
1.15 CONFIDENTIALITY:
1.15.1 The privacy interests of employees and the legitimate interests of the Augusta m
implementing and maintaining a substance abuse program will be accomplished by:
1.15.1.1 Limiting the extent of inquiries to those necessary to effectuate this Policy;
1.15.1.2 Assuring that disclosure of, and access to, information generated under this Policy
is on a strict need-to-know basis; and
1.15.1.3 Informing employees of the purpose for which the information is sought.
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 9 of30
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 10 000
1.15.2 If a third party requests information (for example, in the context of a reference check),
regarding Augusta's decision not to hire an applicant or not to transfer or promote or to
terminate an employee, and that decision is based on a violation of this Policy by the
applicant or employee, the reason given for such decision will be that the applicant or
employee did not comply with policy. No further information will be given to any third
party without the prior written consent of the applicant or employee, except in the following
circumstances:
1.15.2.1 Information may be given to Risk Management, to laboratories and to the MRO
for the purpose of administering this Policy;
1.15.2.2 Information 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;
1.15.2.3 Information may be released to the Department of Labor and appropriate
representatives of Augusta in the event an employee discharged for violations of
this Policy applies for and/or appeals a denial of unemployment compensation;
1.15.2.4 Information may be released pursuant to an order from a court of competent
jurisdiction or other tribunal;
1.15.2.5 Information 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
1.15.2.6 Information may be released to those persons or bodies hearing any appeal by an
employee of any action taken pursuant to this Policy.
1.15.3 Release ofInformation as to Transit Employees or CDL Holder:
1.15.3.1 Augusta 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.
1.15.3.2 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.
1.15.3.3 Augusta may disclose information 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.
1.15.3.4 When requested by the National Transportation Safety Board as part of an
accident investigation, Augusta shall disclose information related to its
administration of drug and alcohol tests following the accident.
1.15.3.5 Records shall be made available to subsequent employers upon receipt of written
request from the Employee.
1.15.3.6 Augusta 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
authority over the Augusta transit system or Federal Highway Administration _
DOT.
1.16 CONTRACTORS:
Persons engaged by Augusta 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 perform services for
Augusta. Compliance shall be in the form of certification before beginning services (see Appendix
1), and documentation of continuing compliance as reasonably requested by Augusta.
Contractors who are also providing repair and maintenance services on DOT regulated vehicles are
required to also be in compliance with applicable provisions of the DOT/FTA drug and alcohol
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 11 of 30
testing regulations (Title 49 Part 40) if services are more than ad hoc or one time repairs. As long as
Augusta's population is less than 200,000 this does not apply to contractors doing business with
Augusta it will only apply if and when the local population exceeds 200,000.
1.17 CHANGES TO POLICY:
At times, State or Federal law may require that additional employees be tested for illegal substances,
or that additional or different testing mechanisms and procedures be implemented. Said State or
Federal law requirements will supersede the relevant provisions of this Policy, and this Policy may
or may not be amended to reflect those changes prior to their effective date. Affected employees
will be notified in advance of any implementation of changes as a result of State or Federal law
requirements.
1.18 CONTACT PERSONS:
The proponent agency for this Policy is the Risk Management Division of the Finance Department.
Any comments, questions or recommendations applying to this policy or testing program should be
referred to the Risk Management Manager, 530 Greene Street, Augusta, Georgia, 30911 (706) 821-
2301 or FAX (706) 821-2502. Because the MRO is not an employee of Augusta any employee
wishing to contact the MRO should contact the Risk Management Manager. The Employee
Assistance Program is "CONCERN"- EAP; located at 961 Broad Street - 722-2353 or 1-800-285-
2353.
SECTION 2 - INDIVIDUALS SUBJECT TO TESTING
2.1 APPLICANTSINEW EMPLOYEES:
All applicants who have been extended a conditional job offer will be required to undergo the
following as part of the employment process:
2.1.1 Regular New Hires
2.1.1.1 Submit to a substance abuse test for illegal substances prior to becoming an
an employee of Augusta. Such screening must be completed within 24 hours of
the time the applicant is instructed to submit to the screening. Any screening not
completed within that 24 hour period will not be accepted
2.1.1.2 Sign a Substance Abuse Coverage Form (Form SA 1, a copy of which is attached
as Appendix 2) within 45 days of the first day of work.. This form states that the
applicant has read, understands and agrees that he/she is subject to this Policy as a
condition of employment with Augusta. The signed form will be retained in the
employee's personnel file.
2.1.1.3 Sign a Test Consent Form (SA-3, a copy which is attached as Appendix 3). This
form authorizes Augusta and/or its representatives to perform the appropriate tests
to identify the presence of drugs or controlled substances and releases test results
as necessary to administer this Policy. The signed form will be forwarded to Risk
Management where it will be retained in the employee's drug test file.
2.1.1.4 Refusal of an applicant to sign SA-3 will remove the applicant from consideration
for employment with Augusta since the employment process cannot be completed.
2.1.2 Transit Applicant or New Hire and Holders of Commercial Driver's License
2.1.2.1 Submit to a pre-employment substance abuse screening for illegal substances
prior to becoming an employee of Augusta. Such screening must be completed
prior to performing any safety sensitive function.
2.1.2.2 Sign a Substance Abuse Coverage Form (Form SA-2, a copy of which is attached
as Appendix 2) within 45 days of the first day of work, which form states that the
applicant has read, understands and agrees that he/she is subject to this Policy as a
condition of employment with Augusta. The signed form will be retained in the
employee's personnel file.
2.1.2.3 No Form SA-3 (Consent Form) is required. This is due to prohibition by FTA for
employee to sign any type of waiver including a consent form.
2.1.2.4 Sign an Information Request Form allowing AUGUSTA to submit request on
drug testing history from any DOT -regulated employers for whom you have
worked within the previous two years. (appendix 7 SA-7)
2.1.2.5 If you have failed or refused a DOT drug or alcohol pre-employment test
within the previous two years you must provide this information when requested.
2.2 TRANSFERS/PROMOTIONS:
2.2.1 Any employee who transfers or is promoted into a safety-sensitive position will be drug
tested prior to assuming the duties of the position.
2.2.2 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.
2.3 RETURN TO DUTY:
2.3.1 Regular Employees:
2.3 .1.1 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.
2.3.1.2 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 the blood
alcohol content is below .02
2.3.2 Transit Employees or CDL Holders:
2.3.2.1 Transit Employees or CDL Holders who are out of work due to workers
compensation leave for 8 days or more will be drug tested prior to resuming
safety sensitive duties.
2.3.1.2 Transit Employees or CDL Holders are required to take a pre-employment
substance abuse test ifthey have not performed a safety-sensitive function for 90
consecutive calendar days regardless of the reason (exception - if employee has
remained in random pool during that time, no pre-employment test is required)
2.4 POST-ACCIDENT:
2.4.1 Regular Employees.
2.4.1.1 Any employee involved in an incident involving a vehicle where there is property
damage or injury to another person will be drug and alcohol tested. Under the
authority of Augusta this includes Transit employees and CDL holders.
2.4.1.2 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.
2.4.1.3 Employees who receive medical treatment for an occupational exposure (exposure
to disease, bloodbome pathogen) will not be drug or alcohol tested, if the
treatment is solely for the occupational exposure. Any employee will be drug and
alcohol tested when, while operating a government motor vehicle, an accident
occurs and results in a fatality.
2.4.2 Transit Emplovees and CDL Holders Federal regulations establish the criteria for post-
accident testing for Transit Employees or CDL Holders. Testing will be administered when:
2.4.2.1 a fatality occurs from an accident;
2.4.2.2 the employee receives a citation under State or local law for a moving traffic
violation arising from the accident;
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 12 of30
2.4.2.3 a vehicle accident occurs and any of the vehicles cannot move from the accident
scene under there own power. This also applies to a single vehicle accident; or
2.4.2.4 the performance of an employee could have contributed to the accident, as
determined by management using the best information at the time of the decision.
2.4.3 Employees will be tested as soon as possible after the accident but not more than 32 hours
after the accident. If a test has been required by law enforcement and employer cannot test
employee within given time limit, employer can request a copy of the test results from the
authorizing agency.
2.4.4 Employees who are injured in the course of their employment, and refuse medical treatment
may be tested under the provisions of "For Cause" testing. The injury must be of such
gravity as to obviously require medical attention
2.5 FOR-CAUSE (REASONABLE SUSPICION):
2.5.1 Any employee may be tested for illegal substances and/or alcohol when, based on specific,
contemporaneous, articulable observations concerning the appearance, behavior, speech, or
body odors of an employee, it is determined that there is reasonable suspicion that the
employee is violating this Policy.
If you suspect an employee to be under the influence of alcohol or other drugs while at work,
the following steps are to be taken when requesting a drug screen:
Step 1: Call Risk Management Manager 821-2486 or Human Resources Director 821-
2309.
Step 2: Relay all known factors/information concerning reasons for suspicion (not just a
"gut" feeling, must be able to give description/specifics/observation at that
moment in time not days earlier). Use the FOR CAUSE TEST
AUTHORIZATION FORM, Form SA-3, found in the Substance Abuse Policy.
Fill out items #1, #2 to include all reasons, #3 and date. Then submit to Risk
Management. The information is then evaluated and support/approval may or
may not be given based on certain criteria.
Step 3: Approval - if the request is approved, the employee in question is to sign the
Substance Abuse Consent Form (Form SA-3) PRIOR to being taken for testing.
When fully executed, this form is then to be delivered in to Risk Management.
Step 4: ALCOHOL - If the employee is being tested for alcohol:
a. The employee is to be taken to the designated collection site by the Director or
high ranking supervisor (the fact of testing is to be kept totally confidential).
b. If the test result is negative the employee is allowed to return to work.
c. If the breathlblood test is confirmed positive, the employee is to be processed
through the normal termination process channels (i.e. placing employee on
three-day administrative leave with pay with recommendation oftermination).
d. Under no circumstances is the employee allowed to operate a vehicle, to
include his/her own personal vehicle. A taxicab will be provided to transport
the individual directly to his/her residence if a family member is not available.
This will be arranged through Risk Management.
Step 5: OTHER DRUGS - If the employee is being tested for drugs other than alcohol:
a. The employee is taken by the Director or high ranking supervisor (the fact of
testing is to be kept totally confidential) to the designated collection site for
testing.
b. When the collection process has been completed the employee is NOT
allowed to return to work and is placed on administrative leave (leave with
pay) pending the outcome of the testing.
Augusta Substance Abuse Policy Administrative Regulation No. 3-1 June 2, 2009
Page 13 oDO
.
c. If the test results are negative the employee is allowed to return to work
2.5.2 An illegal substance screening which shows that a specimen may have been diluted,
tampered with, or substituted will be considered reasonable suspicion for additional, for-
cause testing.
2.5.3 The number of employees requested to participate in a for-cause screening based on a
workplace 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 the incident occurred.
2.5.4 To initiate a for-cause screening, the appropriate Department Head will use the For-Cause
Test Authorization Form (SA-4) attached as Appendix 4.
2.6 RANDOM TESTING PROGRAM:
2.6.1 General.
2.6.1.1 Employees classified as safety-sensitive will be randomly tested for illegal
substances. A safety-sensitive employee may be tested up to once per month.
2.6.1.2 Criteria and standards for random testing for regular employees are available for
review in the Risk Management Office. Criteria and standards for random testing
of Transit Employees and CDL Holders are found in the federal regulations cited
above, which are available for review in the Risk Management Office.
2.6.2 PROGRAM INTEGRITY: To ensure the selection process maintains true 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.
2.6.3 Random Selection/Testing Process
STEP 1: Notification Process
Risk Management
a. Request sequence numbers from designated service provider on a
monthly basis
b. Receive numbers, match numbers with names in spreadsheet
maintained in Risk Management
c. Generate letter for each individual selected, attach Consent Form
and Collection Site Checklist. Letters grouped by department, give
to Risk Manager for signature.
d. Send letters to Department Point of Contact via courier (point of
contact determined by Department Director
Department Point of Contact
a. Receives packet of letters from Risk Management containing
monthly selections for drug screening. Point of Contact secures
letters to maintain confidentiality of information. Remainder of
internal process is developed by department (employees who are
selected are not to have notice of their selection prior to receipt of
notification letter from Risk Management. Testing is to be spread
out throughout the month - do not try to test all employees within a
few days.
Suggestion for internal process: When feasible, only Point of
Contact gives letter to each employee.
b. After employee receives this notification, the Point of Contact
places the current date and time in appropriate area on letter
Employee then signs and dates Consent Form, witnessed by person
giving the notice. (Important: once notified, the employee has 30
minutes to arrive at the collection facility listed in letter).
Administrative Regulation No. 3-1 June 2, 2009
Page 14 of30
Augusta Substance Abuse Policy
STEP 2:
STEP 3:
c. Consent Form is left with Point of Contact who sends form back to
Risk Management to be maintained in employee drug testing file.
d. Employee carries letter showing date and time along with Collection
Procedures Checklist to the facility designated as the collection site.
Collection Site
a. Upon arrival at collection site, employee follows guidelines of
collection site (signing in, providing photo identification - driver's
license, etc.).
b. Employee gives letter to Collection Site who verifies timeliness of
arrival.
c. Employee and Collector will initial appropriate step, as it is
completed on Collection Procedures Checklist.
Notification by Laboratory of Testing Results
a. Risk Management is notified directly of all drug test results except
those under Federal and DOT Regulations (those results go directly
to the designated Medical Review Officer). Notification is done
through a dedicated fax machine for drug testing results only.
b. Upon receipt of a drug screen showing a positive test result, Risk
Management immediately delivers appropriate paperwork to the
Medical Review Officer for determination of test results. Medical
Review Officer contacts employee at work or home (whichever is
the most expedient).
c. Upon questioning employee concerning test results, Medical Review
Officer makes official determination of positive or negative test
results.
d. Medical Review Officer contacts Risk Manager with official results,
which are then faxed for documentation purposes.
e. Upon receipt of documentation, Risk Management contacts
appropriate Department Director of employee. Verbal notification is
given with instructions on policy, which is followed up by written
notification and instructions. Written notification includes a sample
letter for Department Director to use for notification to employee
SECTION 3 - ANNUAL TRAINING
3.1 NEW EMPLOYEES:
All full-time, regular new employees will be required to attend orientation prior to beginning their
normal work schedule. The orientation will include a program for Drug A wareness/ Effects of Drug
Abuse and a briefing on this Policy.
3.2 TRANSIT EMPLOYEES and CDL HOLDERS:
3.2.1 All Transit Employees and CDL Holders, whether full-time or part-time, will be required to
attend an orientation prior to performing any safety sensitive function. Orientation will
include a program for Drug Awareness/ Effects of Drug Abuse and a briefing on this Policy.
Transit Employees and CDL Holders will 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.
3.2.2 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.
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 15 of30
3.3 ANNUAL TRAINING:
All employees will be required to attend a one-hour class on the effects of Drug and Alcohol abuse
each year.
SECTION 4 - REHABILITATION POLICY
4.1 REHABILITATION POLICY:
4.1.1 V oluntarv Participation.
When a regular employee (not probationary, part-time or temporary) comes forward PRIOR
to notification of a random or for-cause test or PRIOR to an accident and/or injury, 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 will be immediately recommended for termination
from employment.
4.1.1.1 Any employee who desires to voluntarily participate in rehabilitation will be
allowed to enter an approved detoxification and/or rehabilitation program with no
Augusta participation in cost other than as provided under the employee's group
health insurance program.
4.1.1.2 The employee will be allowed the use of any accrued leave time (sick and/or
vacation) during hislher absence from work for this treatment. If there is no leave
time available, the employee will be placed on leave without pay.
4.1.1.3 Prior to returning to work, the employee shall submit to the Risk Management
Division, in writing, proof of completion of the program and competence to return
to work.
4.1.1.4 Employees who have completed a detoxification and/or rehabilitation program
will not be afforded any further opportunity by Augusta or through Augusta's
resources to re-enter a detoxification and/or rehabilitation program for a second
time.
4.1.2 Participation in Rehabilitation Directly through 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 himseWherself and/or others, the EAP
will notify Risk Management that the employee is seeking treatment directly through EAP.
4.1.2.1 The employee will not be terminated from employment unless the employee
fails to enter and successfully complete the substance abuse program designed for
him/her by the EAP; however, such employee shall be placed on leave until such
time as he/she is no longer considered a risk to the safety of himself/herself
and/or others.
4.1.2.2 The EAP will keep Augusta informed of the employee's progress through the
rehabilitation program.
4.1.2.3 The employee will be required to sign a statement prior to being admitted to
the EAP acknowledging that Augusta may be notified of his entry into the
program under the above circumstances.
4.1.3 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.
4.1.3.1 Acceptable proof of satisfactory completion of a rehabilitation program will be
required before re-hiring will be considered.
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 16000
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 17 of30
4.1.4 Disciplinary Action.
Referral to the EAP does not deprive Augusta of the option of taking disciplinary action
against any employee in accordance with this Policy.
4.2 POST REHABILITATION:
4.2.1 Any employee who successfully completes a rehabilitation program and returns to work will
be considered a probationary employee for the next three-year period.
4.2.1.1 The classification of "probationary" applies to substance abuse testing only, when
used in the context of this Policy. The employee shall be responsible for the costs
of such tests.
4.2.1.2 An employee's refusal or failure of any such test will cause the employee to be
immediately terminated.
4.2.2 Prior 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
exceed 12 times each year.
SECTION 5 . RELATIONSHIP TO PREVIOUSLY ESTABLISHED PROCEDURE
5.1 Administrative Regulation 3-1, Augusta Substance Abuse Policy revisions are effective November
2008 or until notice is given that this regulation is modified, reissued or cancelled.
5.2 No qualifying statement, previously established rule(s) or procedure(s) shall be used to negate the spirit
or intent oftrus statement or policy.
SECTION 6. APPENDICES:
1. Contractor Certificate (FORM SA-l )(Appendix 1)
2. Substance Abuse Coverage Form (FORM SA-2)(Appendix 2)
3. Test Consent Form (FORM SA-3)(Appendix 3) (Not for use by Transit/CDL - Fed Regulation)
4. For Cause Test Authorization Form (FORM SA-4)(Appendix 4)
5. Supervisor Referral Form (FORM SA-5) (Appendix 5)
6. Collection Site Checklist (FORM SA-6)(Appendix 6)
7. Information Request Form (FORM SA-7)(Appendix 7) (Transit/CDL Pre-Empl)
8. Alcohol Fact Sheet
9. Substance Abuse Index
Augusta Commission Approved: June 2, 2009
Revision Effective Date: June 2. 2009
(ContractorlVendor's CertifYing Official)
(Company Name)
APPENDIX 1
CONTRACTOR CERTIFICATE
L
of
(Address)
certifY that a drug-free workplace will be provided for the employees of this company during the performance
of this contract pursuant to section 50-24-3 ofo.CG.A.
lfurther certifY that in accordance with o.CG.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:
a. 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
d. 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) Notifying 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)
FORM SA-l
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 18 of30
APPENDIX 2
SUBSTANCE ABUSE COVERAGE FORM
I,
Policy (the "Policy").
, have read and understand the Augusta Substance Abuse
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 will 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 prescription
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 system during work hours
places unacceptable risk and burden on the safe and efficient operation of my job, and, consequently, is
strictly forbidden.
I understand 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 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 the Augusta
Commission, 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 property damage or injury to another
person; or 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 Commission.
I understand that it is my responsibility to read the Augusta Substance Abuse Policy entirely, and that my
cooperation with, and adherence to, policies and procedures regarding substance abuse are conditions of my
employment 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 Signature:
FORM SA-2
Date:
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 19 000
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 20 of 30
APPENDIX 3
SUBSTANCE ABUSE TEST CONSENT FORM
I, , do hereby give my consent to the Augusta (or its agent(s)) to
collect a urine, breath and/or blood sample from me to determine if I have used illegal drugs or misused
alcohol and/or drugs or controlled substances (including the misuse of any legal drugs).
I further give my consent to Augusta 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, Risk
Management and/or the Medical Review Officer for the Augusta government.
I understand that refusal to submit to testing or providing false information in connection with a test is
considered the same as a positive test result.
I hereby certify that I will not adulterate or substitute any urine sample given under the Substance Abuse
Policy.
Employee Signature:
DATE:
WITNESS:
DATE:
FORM SA-3
APPENDIX 4
***PERSONAL AND CONFIDENTIAL ***
FOR-CAUSE/REASONABLE SUSPICION DRUG TEST AUTHORIZATION FORM
FOR-CAUSE TEST is requested for:
Print Employee Name:
Payroll #:
Department:
Job Title
D 1. Possessing, dispensing, or
using prohibited substance.
Physical Signs or Symptoms
D 8. Loss of physical control, poor
coordination, unsteady gait.
D 15. Dilated or constricted
pupils or unusual eye movement
D 2. Slurred or incoherent speech
D 3. Bloodshot or watery eyes
D 9. Extreme fatigue or sleeping
on the job.
D 16. Excessive sweating or
clamminess of skin
D 4. Odor of alcohol
D 10. Flushed or very pale face
D 17. Shaking hands or body
tremors.
D 5. Odor of Marijuana
D 11. Nausea or vomiting
D 18. Dry mouth
D 6. Runny nose or sores around
nostrils.
D 12. Disheveled appearance or
out of uniform
D 19. Breathing irregularity or
difficult breathing
D 7. Puncture marks or "tracks"
D 13. Dizziness or fainting
D 14. Highly excited or nervous
D 20. Inappropriate wearing of
sunglasses.
D 21. Other (describe below)
5. Has there been a change to the employee's quality and quantity of work? D NO If so describe~
6. Has the employee's work relationships changed with fellow employees? D NO If so, describe:
7. Does the employee appear to "bring his personal/family problems" to work more than usual? D NO If so,
describe:
8. Have you noticed any recent changes in personality, moods, or behavior? DNO If so, describe:
FORM SA-4 Page 1 of2
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 21 of30
FORM SA-4
Page 2 of2
.
PAGE 2 FOR-CAUSE REASONABLE SUSPICION DRUG TEST AUTHORIZA nON 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 re uested by:
Signature
Date:
Printed Name:
Payroll #:
Job Title:
Department:
3. TEST AUTHORIZED BY:
Signature:
Date:
Printed Name:
Empl #:
Job Title:
Department:
Additional Information
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 22 000
FORM SA-5
Page I of2
.
APPENDIX 5
CONCERN: EAP SUPERVISORY REFERRAL FORM
-CONFIDENTIAL-
NOTE: NOT FOR INCLUSION IN PERSONNEL FILE - Please print or type
Name and Title of Employee
Company:
Augusta Government
Department:
CHANGES IN WORK BEHAVIOR
('{J (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
Complaints from fellow workers
Errors due to inattention or poor judgment
Repeated minor accidents on or off job
Inability to concentrate
Irritability:
Overreaction to criticism
Augusta Substance Abuse Policy
Administrative Regulation No, 3-1 June 2, 2009
Page 23 of 30
.
CONCERN: EAP SUPERVISORY REFERRAL FORM
Complaints of not feeling well:
Undependable statements:
Deteriorating appearance:
Outside forces (i.e., family and financial garnishments) beginning to interfere with work:
Hospitalized more than should be expected:
Changes in personality pattern:
The above listing is intended only as a guide. These indicators are most reliably applied to employees who
have been good performers in the past but who have had a recent decline injob performance.
Additional Information:
(Please list any additional information or comments, which you feel, could be helpful. Attach additional
sheets if necessary.)
Supervisor
Title:
Telephone
Date:
CONTACT PERSON:
TELEPHONE:
(If different from above)
FORM SA-5
Page 2 of2
Augusta Substance Abuse Policy
Administrative Regulation NO.3-I June 2, 2009
Page 24 000
,
APPENDIX 6
Collection Procedures Check List
Em loyee Last Name: First Name Employee number:
PLEASE READ!!!!
In an effort to provide the best protection possible for each employee and the collection agent, this checklist is being provided for
use with each collection. Your participation is required to ensure that each step of the collection process is completed to standard.
You will be required to initial each block by the procedure you were involved in. Your initials signify that the procedure was
completed properly. Ifthere is any deviation of procedures you should make a note at the bottom of the sheet and sign your name.
Designated Em 10 er Re resentative is Sand Wri ht, Risk Management.. . direct any uestions of concerns to the DER.
# Procedure Collector
1 Prepare collection site; ensure coloring agent present in commode.
2 identity of employee with picture ill.
3 Prepare Top section of Chain of Custody form: (donor ID, reason for test)
If required: ask donor to remove bulky or unnecessary items (exterior clothing, store in
secure area.
5 Employee washes hands and returns to the collector.
6 Collector gives (sealed collection bottle) or lets donor pick (non-sealed collection
bottle). NOTE: only one collection container allowed in the rest room.
7 Employee/donor provides urine sample in the collection container and immediately
provides the container to the collector. (Note: do not flush the commode until told to
do so
8 Collector annotates the temperature on the Chain of Custody form and insures there is
at least 45 ml. If the temperature is outside the acceptable range follow the procedures
of SAMSHA.
9 Donor observes the splitting of the sample and sealing.
10 Collector splits the sample, writes the date on the labels/seals and seals the containers
In the resence of the donor).
11 Donor initials security seal.
12 Donor flushes the commode and washes hands.
13 Donor reads the certification statement of the Chain of Custody form and signs th
form.
Collector completes the Chain of Custody form and provides copy to the
em loyee/donor.
Collector Comments:
Employee Comments:
CERTIFICATION
I certify that the above procedures were satisfactorily completed and that any questions concerning the procedure
by the employee were satisfied at the time of the collection. I also state that I was given the opportunity to write
comments concerning any aspect of the collection process.
(Signature of Collector)
(Date)
(Signature of Employee)
NOTE: This form is an internal document for use by Augusta Risk Management and is not required by DOT/FTA
FORM SA-6
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 25 of 30
Yes No
APPENDIX 7
Information Request Form (Pre-Employment Transit)
I, hereby allow Augusta Transit
(Applicant) (Transit Agency)
to contact my former DOT -regulated employer(s), from the past two years, to request the
following information in accordance with 49CFR part 40.25.
1. Alcohol test results of 0.04 or higher alcohol concentration. 49CFR part 40.25(b)(1)
2. Verified positive drug tests. 49CFR part 40.25(b )(2)
3. Refusals to be tested (including verified adulterated or substituted drug test results.)
49CFR part 40.25(b)(3)
4. Other violations of DOT agency drug and alcohol testing regulations. 49CFR part
40.25(b)( 4)
5. With respect to any employee who violated a DOT drug and alcohol regulation,
Documentation of the employee's successful completion of DOT return-to-duty
Requirements (including follow-up tests). 49CFR part 40.25(b)(5)
Please list former employer(s) with contact information.
In respect to DOT drug and alcohol testing regulations over the past two years......
Have you ever had an alcohol test results of 0.04 or higher? Yes No
Have you ever had a verified positive drug test? Yes No
Have you ever refused to be tested (including verified adulterated or
substituted drug test results.) Yes No
Have you violated any DOT agency drug and alcohol testing regulation? Yes No
If you have violated a DOT drug and alcohol regulation, do you have documentation of successful
completion of DOT retum-to-duty requirements (including follow-up tests)?
FAILURE TO PROVIDE WRITTEN CONSENT, INCLUDING FORMER EMPLOYER(S)
INFORMATION, ANSWERS TO THE QUESTIONS AND SIGNATURE, WILL RESULT IN
YOU BEING DISQUALIFIED FOR A SAFETY SENSITIVE POSITION WITH AUGUSTA
TRANIT, AS PER 49CFR PART 40.25(a).
Applicant Signature
Date
Witness Signature
Date
FORM SA-7
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 26 000
,
APPENDIX 8
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 and Symptoms of Use
o Dulled mental processes
o Lack of Coordination
o Odor of alcohol on breath
o Possible constricted pupils
o Sleepy or stuporous conditions
o Slowed reaction rate
o 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:
o Decreased sexual functioning
o Dependency (up to 10 percent of all people who drink alcohol become
physically and/or mentally dependent on alcohol and can be termed "alcoholic").
o Fatal liver diseases
o Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast and malignant
melanoma.
o Kidney disease
o Pancreatitis
o Spontaneous abortion and neonatal mortality
o Ulcers
o Birth defects (up to 54 percent of all birth defects are alcohol related).
Social Issues
o Two-Thirds of all homicides are committed by people who drink prior to the crime.
o Two to three percent of the driving population is legally drunk at anyone time. This rate is
doubled at night and on weekends.
o Two thirds of all Americans will be involved in an alcohol-related vehicle accident
during their lifetimes.
o The rate of separation and divorce in families with alcohol dependency problems is 7 times
the average
FORM SA-8
Page 1 of2
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 27 of30
-
.
APPENDIX 8 continued:
ALCOHOL FACT SHEET (Continued)
o Forty percent offamily court cases are alcohol problem related.
o Alcoholics are 15 times more likely to commit suicide than are other segments of the
population.
o 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 ANNUAL TOLL
o 24,000 people will die on the highway due to the legally impaired driver.
o 12,000 more will die on the highway due to the alcohol-affected driver.
o 15,800 will die in non-highway accidents.
o 30,000 will die due to a1cohol-caused liver disease.
o 10,000 will die due to alcohol-induced brain disease or suicide.
o Up to another 125,000 will die due to alcohol-related conditions or accidents.
o It takes one bour for the average person (150 pounds) to process one serving of an
alcoholic beverage from the body.
o lrnpairment in coordination and judgment can be objectivelY measured with as little as
two drinks in the body.
o A person who is legally intoxicated is 6 times more likely to have an accident than a sober
person.
Workplace Issues
Page 2 of2
FoRM SA-8
Administrative Regulation No. 3-1 June 2, 2009
Page 28 000
Augusta SubstanCe Abuse policy
Augusta Substance Abuse Policy
Administrative Regulation No.3-I June 2,2009
Page 29 000
.
ACKNOWLEDGEMENT OF RECEIPT
AUGUSTA POLICY AND PROCEDURES ON SUBSTANCE ABUSE
Administrative Regulation No. 3-1
I hereby acknowledge receipt of a copy of the Augusta Policy and Procedures on
Substance Abuse on the date written below.
I further acknowledge and understand that it is my responsibility to read and
understand the policies and procedures included in this administrative
regulation.
By way of this acknowledgement, I acknowledge that I have been informed that
the Augusta-Richmond County Commission may add to, revoke, and/or modify
the policies and procedures from time to time.
Date
Employee Signature
Employee Printed Name
Employee Number
FORM SA-9
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
Policy Statement
Policy Intent
References
Definitions
Prohibitions
Consequences for Violations
Notification Requirements
Testing Procedures
Actions Re uired for Positive Test
Testin of Additional Sam Ie
Review of Termination Recommendation
Rehirin Terminated Em 10 ees
Alcohol Testin of Transit Em loyees
Refusal to Submit to Testin
Confidentiality
Contractors
Chan es to Policy
Contact Persons
1
1
2
2
4
5
5
5
6
7
7
7
7
8
8
9
10
10
~
SUBSTANCE ABUSE POLICY INDEX
A licants/New Em loyees
Transfers/Promotions
Return to Duty
Post Accident
For Cause
Random
10
11
11
11
12
13
1
2
3
4
5
6
7
8
9
10
19
20
21
22
24
26
27
28
29
30
Augusta Substance Abuse Policy
Administrative Regulation No. 3-1 June 2, 2009
Page 30 000