Pre-employment and During Employment Drug Testing Policy and Procedures

8/8/2019 Pre-employment and During Employment Drug Testing Policy and Procedures

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I. Policy

It is the policy of the Linn County Board of Supervisors to develop and implementa drug and alcohol testing policy and procedure for all Linn County employees tomaintain a drug-free workplace. The purpose of this policy is to maintain a drug-free workplace in the best interest of the health and safety of Linn Countyemployees and the safety of the citizens and patrons of Linn County.

II. Scope

This policy is applicable to all County employees, including elected officials andtheir deputies and the Conservation and Public Health Departments. Additional

requirements apply to those employees who are covered by Department ofTransportation (DOT) alcohol and drug testing rules. These include employeeswho utilize a Commercial Drivers License (CDL) in the course of their duties. Forthose additional requirements, refer to applicable DOT and FTA alcohol and drugtesting policies.

III. Definitions

A. Adulterated specimen: A specimen that contains a substance that is notexpected to be present in human urine, or contains a substance expected to bepresent but is at a concentration so high that it is not consistent with human

urine.

B. Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, orother low molecular weight alcohol including methyl and isopropyl alcohol.

C. Breath Alcohol Technician: A person who instructs and assistsemployees in the alcohol testing process and operates an evidential breathtesting device.

Distribution: County Employee Handbook,Intranet

BOARD OF SUPERVISORSCounty of Linn, Iowa

Revision No:

2

Reference: Board of Supervisors Minutes of6/25/07,Separated from PM-006 09/10/2003BOS Minutes: 09/25/2002, 07/25/1998, InitiallyAdopted: 01/10/1990

Directive Number:

Approval Date:

06/25/2007

Effective Date:

06/25/2007

Policy Section & Number:

PM-015

Drug Testing Policy and Procedures

Covering all Linn County Employees


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D. Collection site: A place selected by the employer where employeespresent themselves for the purpose of providing a urine specimen for a drug test.

E. Confirmation drug test: A second analytical procedure performed on aurine specimen to identify and quantify the presence of a specific drug or drug

metabolite.F. Consortium/Third party administrator: A service agent that provides orcoordinates the provisions of a variety of drug and alcohol testing services toemployers.

G. Designated employer representative (DER): An employee authorizedby the employer to take immediate action(s) to remove employees from safety-sensitive duties, or cause employees to be removed from these covered duties,and to make required decisions in the testing and evaluation processes. TheDER also receives test results and other communications in relation to the drugand alcohol policy.

H. Dilute Specimen: When the creatinine level of a urine specimen isgreater than or equal to 2 mg/dL, but less than or equal to 5 mg/dL.

I. Drug: Any drug or substance considered a controlled substance andincluded in Schedule I, II, III, IV, or V under the federal Controlled SubstancesAct.

J. Medical Review Officer (MRO): A person who is a licensed physicianand who is responsible for receiving and reviewing laboratory results generatedby an employers drug testing program and evaluating medical explanations for

certain drug results.

K. Return to Duty Test: Before returning to work following a positive drugtest or an alcohol test greater than .020, the employee must submit a negativedrug test and/or a breath alcohol test of .000.

L. Substance Abuse Professional (SAP): A person who evaluatesemployees who have violated a drug and alcohol policy and makesrecommendations concerning education, treatment, follow-up testing, andaftercare.

IV. Specific Policy Procedures

A. Linn County will conduct drug and alcohol tests under the followingconditions:

Pre-employment drug testing

Reasonable suspicion

As required by federal laws or regulations (randomly)


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Following an accident or injury

Return to duty

As part of a follow-up testing regiment set by an SAP

Drug testing will screen for the following controlled substances:Amphetamines, Cocaine Metabolite, THC Metabolite, Opiates (heroin,morphine, codeine), and Phencyclidine.

B. Training

Supervisors designated to make reasonable suspicion determinations for drugor alcohol testing under this policy shall attend a minimum of two hours of initialtraining and to attend annually thereafter, a minimum of one hour ofsubsequent training. The training shall include, but not be limited to, informationconcerning the recognition of evidence of employee alcohol and other drug

abuse, the documentation and corroboration of employee alcohol and otherdrug abuse, and the referral of employees who abuse alcohol or other drugs tothe EAP or to the SAP.

C. Pre-Employment Testing

1. Linn County shall include notice to prospective employees that adrug test will be part of the pre-employment process in any notice oradvertisement soliciting applicants for employment.

2. All prospective employees who have been extended a conditional

offer of employment with Linn County shall be required to sign anauthorization or release form prior to the pre-employment drug test.

3. Prospective employees whose pre-employment drug test is verifiedas positive shall be ineligible for employment with Linn County for oneyear from the testing date. Drug tests that are adulterated will beconsidered positive.

4. Current employees transferring or bidding into positions covered byfederally mandated drug and alcohol testing shall be eligible for testingunder the provisions of the drug testing laws applicable to the respectiveposition; i.e.; a non-DOT employee bidding into a DOT position will be

subject to a pre-employment drug test.

5. In the event that the pre-employment test is determined to be adilute specimen, the prospective employee will be allowed to re-submitprovided the dilute specimen was negative. However, if the dilutespecimen was positive, the test will stand as a positive test.

D. Reasonable Suspicion Testing


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1. When a supervisor, manager or County official has reasonablesuspicion that an employee of the Linn County is under the influence ofalcohol or drugs while on duty, that official shall require reasonablesuspicion testing.

2. Linn County may require post-accident reasonable suspiciontesting drug and alcohol testing to determine if an employee is ineligible toreceive workers compensation in accordance with Iowa Code Section85.16(2).

3. The employee being tested for reasonable suspicion shall not beallowed to drive to testing or return to work following a positive test, or inthe case of drugs, to return to work until negative results of a drug test areobtained.

4. Following reasonable suspicion test, the employee will be escortedhome by the supervisor, sent by taxi (at Linn Countys expense) or other

arrangements shall be made to ensure the employee gets home safely.Under no circumstances shall an employee drive after reasonablesuspicion testing has been performed.

5. Supervisors, manager or other County officials making thereasonable suspicion determination must meet the training requirementsof this policy.

6. Follow-up documentation of reasonable suspicion must be made bythe supervisor/manager in writing and have that forwarded to RiskManagement and Human Resources.

E. Return-To-Duty Testing

1. An employee will be subject to return-to-duty testing if:

a. they test greater than .02% on a breath alcohol test, or;

b. they have a verified positive drug test result

2. In the event an employee tests .04% or greater a return-to-duty testis required after the employee has been referred to the SAP and ifrecommended to the EAP for evaluation and treatment. The employee

must agree to follow the recommendations of the SAP in order to bereturned to work. The SAP/EAP will decide if the employee can bereturned to work while undergoing treatment.

3. Linn County will pay the charges for the SAP evaluation. Treatmentcharges will be paid in accordance with the Countys benefit plan. If theemployee has no benefit plan the employee will be responsible for paying


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for his/her own treatment. Treatment is offered only for the first time theemployee tests positive for drugs or alcohol.

4. Return-to-duty testing need not be confined to the substanceinvolved in the original violation. Drug and alcohol testing may be ordered

if the SAP/EAP determines that there are poly-substance abuse problems.F. Follow-up Testing

1. If the SAP determines that follow-up testing is needed, the Countywill ensure that the employee is subject to random tests following theemployees return-to-duty testing

2. The number and frequency of the follow-up tests are to bedetermined by the SAP but must consist of at least six tests during the firsttwelve months following the employees return-to-duty.

3. Follow-up testing may be done for up to sixty (60) months;however, only the SAP can terminate the need for follow-up testing andthis can be done only after the first twelve months are completed and sixtests have been completed.

4. Employees will be responsible for all costs associated with follow-up testing.

5. Employees refusing the SAP evaluation and treatment, oremployees who do not complete the prescribed treatment program will besubject to termination.

6. Any positive drug test or alcohol test greater than .000 during afollow-up test will result in termination.

G. Refusal to Take an Alcohol or Drug Test

1. No employee shall refuse to take a directed alcohol or drug test orto provide urine for such test. If the employee should refuse to take analcohol test, there will be a presumption that the employee has a positivereading of .04% or greater alcohol concentration.

2. If the employee should refuse to take a drug test or to provide

urine, there shall be presumption that the employees drug test is positiveand the refusal shall be deemed as an act of insubordination and theemployee will be subject to discipline up to and including termination.

3. If the appropriate action is short of discharge, the employee shallbe referred to a SAP and the employee shall not be allowed to return towork until he/she has been evaluated by the SAP, has complied with therecommended rehabilitation, has a negative result on a return-to-duty


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alcohol and/or drug test, has agreed to a return to work agreement, andhas complied with the requirements imposed by the disciplinary action.

H. Alcohol Testing Procedures

1. Alcohol testing procedures shall follow the Code of FederalRegulations, 49CFR, Part 40.

2. A breath alcohol technician (BAT) using breath-testing devices shallconduct all alcohol tests.

3. If the employee tests .019% or less, the employee shall beremoved from work and sent home.

4. If the employee tests between .020% and .039%, the employeeshall be removed from the job for at least twenty-four (24) hours. Theemployee may return to work at his/her next regularly scheduled shift after

the completion of all of the following:

a. After at least twenty-four hours have elapsed from the breathalcohol test reading between .020% and .039%, and;

b. The employee has taken another breath alcohol test thatindicates an alcohol concentration of .000%.

5. When employees test .040% or greater, they will be referred toEAP/SAP for evaluation, counseling and recommendations for treatment,return-to-work, and follow-up testing.

6. The employee will be in an unpaid status until Linn County receivesthe SAPs written evaluation and recommendation for treatment. At thattime, the employee may use accrued sick leave until the employee is ableto return to work. This procedure will only be allowed on the first positivealcohol test.

7. If an employee fails to produce a sufficient amount of breath toproperly administer a breath alcohol test, the employee will be referred toa medical doctor. The doctor will review the employees pulmonary healthand provide Linn County with a written report concerning the employeesability to produce adequate amount of breath for testing. Failure to provide

an adequate amount of breath may be regarded as a refusal to submit andwill be treated as a positive test.

8. Any second positive alcohol test, regardless of the amount ofbetween tests, will result in termination.

I. Drug Testing Procedures


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1. Linn County will designate a laboratory for the purpose of urinecollection, drug testing, chain-of-custody protocol and medical reviewservices. The designated laboratory will be listed in Appendix A.

2. If a screening test is positive, a confirmation test will be performed

using a portion of the original sample. Tests that are adulterated or alteredby the employee will be considered positive.

3. Linn County will take adverse employment action, including refusalto hire a prospective employee, based on a confirmed positive drug test.

4. The Medical Review Officer (MRO) shall contact the employee orapplicant prior to any positive results being reported to Linn County. If theMRO is unable to contact the applicant/employee, they may contact theDesignated Employer Representative (DER) for assistance locating theindividual.

5. The MRO will review and interpret any confirmed positive testresults. An employee or prospective employee shall be provided anopportunity to provide any information to the MRO which may be relevantto the test including identification of prescription or non-prescription drugscurrently or recently used or other relevant medical information.

6. The DER may inform the employee/applicant of a positive drug test.If the MRO has reported a positive test result, the DER will advise theemployee of his/her right to request and obtain a confirmatory test of thesplit sample stored at the testing facility.

7. In the event that there is a dilute negative test result, the employeeor applicant will be required to submit another sample for testing.

8. The first time an employee tests positive on a drug test, they will beplaced in an unpaid status and referred to the EAP/SAP for evaluation,counseling, treatment, return-to-work and follow-up testing.

9. The employee will remain in an unpaid status until Linn Countyreceives the SAPs written evaluation and recommendation for treatment.At that time, the employee may use accrued sick leave until the employeeis able to return to work. This procedure will only be allowed on the firstpositive drug test.

J. Confirmatory Challenge

1. A portion of the urine specimen is reserved for challenging testing.An employee who wishes to challenge a positive drug test must do sowithin seventy-two hours of being notified of the positive result. Theemployee must notify the Countys MRO that he/she wishes to challenge


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the test and must pay for the retest which must be processed at a certifiedlaboratory.

2. The results of the confirmatory test shall be reported to the MRO.The MRO will review the confirmatory test and issue a report to the DER

on the results of the test.3. If the results of the confirmatory test do not confirm the results ofthe initial test, the County shall reimburse the employee for the fee paid bythe employee. The confirmatory test result will be the result used forpurposes of taking disciplinary action pursuant to this policy.

4. Alcohol testing shall consist of an initial test and a confirmatory test.There are no provisions for an employee to challenge a positive alcoholtest.

K. Illegal Use, Sale, or Possession of a Controlled Substance

1. Employees engaged in the illegal use, sale, or possession of illegaldrugs or controlled substances on County property, or while on Countytime, will be subject to disciplinary action up to and including termination.

2. Employees in possession of drug paraphernalia while on Countyproperty or County time will be subject to reasonable suspicion testingpursuant to this policy.

L. Exclusions

1. This policy does not apply to employees of the Linn CountySheriffs Office while operating within the course and scope of their officialduties.

2. This policy is not intended to cover Linn County sponsored social events.

3. This policy does not apply to Linn County facilities that have beenrented to others for the purpose of entertainment or social events.

4. When applicable, federal or state laws take precedence over thispolicy.

M. Confidentiality

The County shall protect the confidentiality of the results of any drug oralcohol test conducted on an employee. The results of the test may berecorded in the employees personnel records whose test indicated theemployee was under the influence of alcohol or a controlled substance orindicated the presence of a controlled substance has undergonesubstance abuse evaluation and, when treatment is indicated under the


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substance abuse evaluation, successfully completed treatment forsubstance abuse, the employees personnel records shall be expunged ofany reference to the test or its results for the duration of their employment.

N. Miscellaneous

Nothing in this policy shall restrict the Countys ability to prohibit the use ofalcohol or controlled substances during work hours or to disciplineemployees for being under the influence of alcohol or controlledsubstances during work hours.

1. Employees shall not consume alcohol during the employees workshift including paid and unpaid breaks and meal periods. Further, anyindication of the use of alcohol or controlled substances by an employeewill be subject to proper protocols as outlined in this policy.

2. Employees called by a supervisor to work overtime (voluntary or

forced) will refuse such overtime work if the employee has reason tobelieve they are in violation of this policy. Employees who report to workafter use of alcohol or drugs will be subject to proper protocols as outlinedin this policy.

Documents

Pre-employment and During Employment Drug Testing Policy and Procedures