BC 2011 04 18 Regular - Laserfiche WebLink

Home Browse Search

April 18, 2011 (Regular Meeting) Page 387 employee's whereabouts. Failure to do so will be considered a test refusal. Testing is stayed while the employee assists in the resolution of the accident or receives medical attention. H. DOT regulated employees must complete random DOT drug and alcohol tests from a selection pool that includes only DOT regulated employees. Alcohol testing must occur just before, during, or just after the performance of their covered duties. Random selections will be made at a minimum of a quarterly basis by a scientifically valid computer program. The random tests will be spread reasonably throughout the year during all hours and days in which safety- sensitive functions are performed. All covered employees will have an equal chance of being selected each time selections are made. Testing will be unannounced and the employee must proceed immediately after being notified of the testing requirement. I. DOT regulated employees may also be subject to drug and alcohol testing upon reasonable suspicion of probable drug or alcohol use. Reasonable suspicion determinations will be made by one or more trained supervisors that can articulate and substantiate physical, behavioral, and performance indicators of probably drug use or alcohol misuse by observing the appearance, behavior, speech and /or body odors of the covered employee. Reasonable suspicion testing can be conducted just before a DOT regulated employee performs safety- sensitive duties, during that performance, and just after an employee has performed covered duties. J. A result of 0.04% or higher on the DOT alcohol test is a positive test result. DOT regulated employees with a DOT alcohol test result between 0.02% and 0.039% are prohibited from performing their safety- sensitive related duties for a period of 24 hours. K. DOT regulated employees who receive a positive DOT drug or alcohol test result will be terminated, informed of educational and rehabilitation programs available, and referred to a Substance Abuse Professional (SAP) for assessment. The DOT regulated employee is responsible for any incurred costs associated with educational and rehabilitation programs or SAP assessments. L. Specimen validity testing will be conducted on all urine specimens for testing under DOT authority. Specimen validity testing is the evaluation of the specimen to determine if it is consistent with normal human urine. The purpose of validity testing is to determine whether certain adulterants of foreign substances were added to the urine, if the urine was diluted or if the specimen was substituted. Employees do not have access to a test of their split specimen following an invalid result. M. If a covered employee provides a negative dilute test result they will be required to undergo a second test. If the second test is negative dilute it will be considered negative and no further testing is required. N. Refusal to submit to a drug /alcohol test shall be considered a positive test result and a direct act of insubordination and shall be subject to disciplinary action up to and including dismissal. A test refusal includes the following circumstances: 1. A covered employee who consumes alcohol within eight (8) hours following involvement in an accident without first having submitted to post- accident drug /alcohol tests. 2. A covered employee who leaves the scene of an accident without a legitimate explanation prior to submission to drug /alcohol tests. 3. A covered employee who provides an insufficient volume of urine specimen or breath sample without a valid medical explanation. The medical evaluation shall take place within 5 days of the initial test attempt 4. A verbal or written declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test within the specified time frame. 5. A covered employee whose urine sample has been verified by the MRC as substitute or adulterated. 6. A covered employee fails to appear for any test within a reasonable time, as determined by the employer, after being directed to do so by the employer 7. A covered employee fails to remain at the testing site until the testing process is complete;