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NORTH GEORGIA HEALTH DISTRICT
County Board of Health Personnel Policy #1302
Cherokee, Fannin, Gilmer, Murray, Pickens, Whitfield
ALCOHOL AND DRUG TESTING PROGRAMS
EFFECTIVE DATE: April 1, 2010 RELEASE DATE: April 1, 2010
REFERENCES:
Federal Law (49 CFR Parts 40 and 382, et al. - CDL Testing)
State Law (O.C.G.A. §45-20-90 et seq. -P.O.S.T. Testing)
State Law (O.C.G.A. §45-20-110 et seq. – Pre-employment Testing)
Rules of the State Personnel Board - Rules 21
The County Board of Health (CBH) has two testing programs that serve to promote an alcohol/ drug-free and safe work place. These alcohol/drug testing programs are as follows:
• Pre-employment (drug testing only);
• Reasonable Suspicion (alcohol and drug testing).
All CBH employees are subject to alcohol and drug testing due to reasonable suspicion. In addition, employees in certain positions are subject to other testing programs due to the nature of job duties performed. The attached list identifies all alcohol and/or drug testing programs (other than reasonable suspicion) that are applicable to each CBH job. (See Attachment #1)
PREEMPLOYMENT
1. Applicants/employees offered employment in jobs designated for pre-employment drug testing with duties similar to those listed below are required to successfully complete a pre-employment drug test.
1.1 Providing health care and/or treatment services to Georgians without direct access to such services and those with mental health impairments or developmental disabilities;
1.2 Administering medications;
1.3 Driving cars, trucks, vans, buses and other types of vehicles on state roads and highways to transport patients, clients, customers, other passengers and equipment;
1.4 Using heavy machinery and equipment; and
1.5 Providing social work and counseling services often directly related to substance abuse difficulties.
NOTE: Pre-employment drug testing is not required when current CBH employees who have previously been tested move between jobs subject to pre-employment drug testing with no break in service.
2. Employees in a job subject to pre-employment drug testing will be directed to report for testing on their first day of employment. Selected employees are to report for drug testing IMMEDIATELY upon receiving the directive to report.
REASONABLE SUSPICION
1. Alcohol and/or drug testing may be required when there is reason to believe that an employee is not free of alcohol and/or illegal drugs while in the work place or performing assigned duties.
2. Reasonable suspicion may occur due to an employee’s appearance, behavior, speech, odors or other evidence found or reported. Factors that may lead to a reasonable suspicion include, but are not limited to, the following:
2.1 An on-the-job accident or occurrence where evidence indicates that an employee's action or inaction was in whole or in part the cause, and/or the employee demonstrated in some way that the employee may not be free of alcohol and/or illegal drugs;
2.2 An on-the-job incident, such as a medical emergency, that is likely to be a result of alcohol or illegal drug use by an employee;
2.3 Direct observation of an employee’s behavior that may render the employee unable to perform assigned job duties and/or responsibilities or which may pose a threat to the safety or health of the employee, other employees, clients, patients, customers or the general public;
2.4 Verifiable information that an employee may not be free of alcohol or illegal drugs;
2.5 Physical on-the-job evidence of alcohol or illegal drug use by an employee;
2.6 Documented deterioration in an employee’s job performance that is likely to be a result of alcohol or illegal drug use by the employee;
2.7 The results of other scientific tests that indicate possible alcohol or illegal drug use;
2.8 An anonymous report received which provides credible information that an employee may not be free of alcohol or illegal drugs AND which alleges improper activity has occurred with clients, patients or customers; or
2.9 Other action that gives an authorized official reason to suspect that an employee is not free of alcohol and illegal drugs.
3. Supervisors/managers do not have the authority to direct an employee to submit to Reasonable Suspicion alcohol or drug testing prior to receiving explicit approval through appropriate lines of authority from the District Health Director.
3.1 Supervisors/managers who observe behavior or other indicators that lead to reasonable suspicion are to immediately contact a District H.R. Director, to discuss the specific circumstances.
3.2 The District H.R. Director is to immediately discuss the specifics with the District Health Director. Approval/disapproval of Reasonable Suspicion testing will be determined by District Health Director.
4. When it is determined that employees will be tested due to reasonable suspicion, they are to be accompanied and transported to the testing site.
5. Since alcohol metabolizes rapidly, Reasonable Suspicion alcohol testing is to be completed at the closest testing site as soon as possible. Employees are not to be permitted to drive to or from the testing site.
ILLEGAL DRUGS
1. Drug testing is conducted for the presence of the following illegal drugs: marijuana/cannabinoids (THC), cocaine, amphetamines/methamphetamines, opiates and phencyclidine (PCP).
2. The term "illegal drugs" does not include any drug when used according to a valid prescription, or as otherwise authorized by Federal or State law.
NOTE: Employees who test positive for illegal drug use as a result of taking medication prescribed for someone other than themselves are not protected by this provision.
CBH DRUG-FREE WORKPLACE NOTICE
1. THE CBH DRUG-FREE WORKPLACE NOTICE (See Attachment 2) must be given to and signed by all employees on their first day of employment.
2. This notice must also be given to and signed by employees hired into CBH from other State departments and CBH employees who move within CBH to a job subject to different testing programs.
3. An employee who chooses not to sign the CBH DRUG-FREE WORKPLACE NOTICE will be immediately terminated from his/her position.
4. When advertising position vacancies, the applicable alcohol/drug testing requirements (excluding Reasonable Suspicion) for the specific positions should be included on all job announcements/postings.
WORK TIME & TRAVEL
1. Employees who are on-duty and submit to alcohol and/or drug testing are considered in work status during travel time and while
taking the test.
2. Employees who are required to report for drug testing during off-duty hours will be given work time credit for travel time and while taking the test.
3. FLSA non-exempt employees who exceed 40 hours of work time in a work period due to testing will be granted appropriate FLSA overtime compensation. (See CBH Personnel Policy #1001 Fair Labor Standards Act).
4. Employees are eligible for mileage reimbursement if a personal vehicle is used to report for testing.
COST
1. The expense of ordered alcohol and drug testing based on the programs described in this policy is the responsibility of the County Board of Health.
2. Employees who test positive for an illegal drug(s) are given an opportunity by the Medical Review Officer to request a re-analysis of the same specimen by another laboratory. The cost of such re-analysis is the responsibility of the employee.
DIRECTIVE TO REPORT FOR TESTING
1. District Personnel Representatives are to issue memoranda directing each selected employee to report for testing. These memoranda must be signed by the Personnel Representative.
2. District Personnel Representatives are to provide each selected employee with the drug testing form.
2.1 The NON-REGULATED DRUG TESTING CUSTODY AND CONTROL FORM is given to employees for this drug testing program.
3. Employees directed to report for alcohol testing are to use BREATH ALCOHOL TESTING FORMS available at the testing site.
ALCOHOL TESTING PROCESS
Because alcohol metabolizes rapidly, it is important that employees ordered to alcohol testing report to the closest site as soon as possible.
NOTE: If testing is due to reasonable suspicion, employees are to be accompanied and transported.
1. Employees are required to bring a picture ID when reporting to the testing site.
2. A breath test is conducted by a certified Breath Alcohol Technician at a breath testing site (e.g., medical center, testing laboratory or law enforcement agency). If a test result shows an alcohol concentration of 0.02 or greater on the first test, a confirmation test using an evidential breath testing device must be conducted not less than fifteen nor more than twenty minutes after the first test.
3. Employees whose test result shows an alcohol concentration of less than 0.02 will be given a copy of the completed alcohol testing form. Employees are to give this copy of the completed alcohol testing form to their supervisor or District Personnel Representative immediately upon return to work for inclusion in the official personnel file.
REFUSED ALCOHOL TESTING & CONSEQUENCES
1. Employees are considered to have refused alcohol testing under the following circumstances:
1.1 expressly refusing to submit to testing;
1.2 engaging in conduct that clearly obstructs the testing process;
1.3 failing to immediately report for testing after receiving notification;
1.4 failing to remain readily available for testing; or,
1.5 failing to provide adequate breath for alcohol testing without a valid medical reason (i.e., a medical statement must be received which indicates that the employee is under treatment for a condition which supports the inability to provide adequate breath).
2. Employees who refuse alcohol testing are to be immediately separated from employment and may be ineligible for future employment with CBH for a period of two (2) years. Eligibility for future employment will be made on a case-by-case basis.
POSITIVE ALCOHOL TEST RESULTS & CONSEQUENCES
1. Employees whose test results show the presence of alcohol are not to return to duty or be allowed to drive a vehicle. Employees are to be placed on unapproved leave without pay for any period that they are unable to perform assigned duties. Employees should be assisted with making arrangements for transportation.
2. A determination of appropriate disciplinary action, up to and including separation, will be made on a case-by-case basis.
3. Employees who are separated based on alcohol testing results may be ineligible for future employment with CBH for a period of two (2) years. A determination will be made on a case-by-case basis.
DRUG TESTING PROCESS
l. Once directed to report for drug testing, employees are to IMMEDIATELY report to an authorized collection site with a picture ID and the appropriate drug testing form.
2. Drug testing is conducted by collecting a urine sample. The sample is tested by a certified laboratory that follows specific collection and chain of custody procedures to ensure that the test is not compromised. Laboratory reports are forwarded to a Medical Review Officer for review and final determination of results.
3. An observed collection may be required under the following circumstances:
3.1 When the sample temperature is outside of the acceptable range of 90° to 100° F;
3.2 When the sample has an unusual appearance;
3.3 When the donor exhibits unusual behavior or has an unusual appearance during the collection process; and
3.4 When an authorized official has reason to believe that an attempt may be made to alter or falsify a sample.
NOTE: Prior to conducting observed collections, collection site representatives should contact the District Personnel Office. Observed collections must only be conducted by a collection site representative, or sub-contractor, of the same gender as the donor.
4. Employees will be given a copy of the completed drug testing form at the collection site. This form is to be sent to the District Personnel Office immediately after the test.
REFUSED DRUG TESTING
1. Employees are considered to have refused drug testing under the following circumstances:
1.1 expressly refusing to submit to testing;
1.2 engaging in conduct that clearly obstructs the testing process;
1.3 failing to immediately report for testing after receiving notification;
1.4 failing to remain readily available for testing;
1.5 failing to provide adequate urine for drug testing without a valid medical reason (i.e., a medical statement must be received which indicates that the employee is under treatment for a condition which supports the inability to produce a urine sample); and,
1.6 when the testing laboratory and the Medical Review Officer determine that the sample has been adulterated or substituted.
2. The District Personnel Office must be advised when an employee refuses drug testing.
3. Employees who refuse testing will be immediately separated from employment.
4. Employees who refuse testing are not eligible for future employment with CBH for a period of two (2) years.
5. In addition, applicants who are "new hires" and refuse Pre- employment drug testing are disqualified from State employment for a period of two (2) years.
POSITIVE TEST RESULTS & CONSEQUENCES
1. Upon receiving a positive laboratory report, the Medical Review Officer (MRO) will attempt to contact the employee at the phone numbers listed on the drug testing form to privately discuss the results. The MRO will determine if there is an alternative medical explanation for the positive report.
NOTE: If an employee advises a supervisor or other authorized official that the MRO will report the test results as positive, the District Personnel Office should be consulted immediately.
1.1 The MRO will report the test results as positive if the employee:
1.1.1 expressly refuses to discuss the test results with the MRO;
1.1.2 declines the opportunity to provide an explanation for the results;
1.1.3 admits to the use of an illegal drug(s); or
1.1.4 is unable to provide an alternative medical explanation for the presence of an illegal drug(s).
1.2 If the MRO is unable to contact the employee within two (2) work days, the District Personnel Office will be notified.
1.2.1 The District Personnel Representative is to direct the employee to immediately contact the MRO, and advise the employee that the test result will be reported as positive if the MRO is not contacted by the next work day.
1.2.2 If the District Personnel Representative cannot locate the employee within two (2) work days, the representative will advise the MRO, and the test result will be reported as positive.
2. The MRO will notify the State Personnel Administration (SPA) of positive test results. The SPA will forward this information to the District Personnel Office.
3. Employees who test positive for an illegal drug(s) will be immediately separated from employment.
4. Employees who test positive for an illegal drug(s) are not eligible for future employment with CBH for a period of two (2) years.
NOTE: Applicants who are “new hires” and test positive for an illegal drug(s) are disqualified from State employment for a period of two (2) years.
5. It is the policy of the CBH to immediately separate current CBH employees who are required to submit to Pre-employment drug testing for another job within State government and either refuse testing or test positive for an illegal drug(s). Such employees will also not be eligible for future CBH employment for a period of two (2) years.
DOL SEPARATION NOTICE
The reasons for separation to be entered on the DOL Separation Notice (Form DOL-800) are as follows:
1. Classified Employees -"Dismissed from a classified position due to drug testing."
2. Unclassified Employees -"Separated from an unclassified position due to drug testing."
RECOMMENDATION FOR RE-EMPLOYMENT
When employees are separated due to drug testing, "No Rehire" is to be made in the comments on the REQUEST FOR PERSONNEL/PAYROLL ACTION Form. This code indicates that employees are not recommended for re-employment.
NOTE: The District Personnel Office will enter an appropriate code in the drug testing results database in order to generate a warning if an agency attempts to hire an applicant/employee who has been disqualified based on pre-employment drug testing.
CONFIDENTIALITY
Positive test results are confidential and accessible to staff only on a “need to know” basis. Test results may, however, be referenced in separation letters
for classified employees.
MAINTENANCE OF RECORDS
The official alcohol/drug testing records for all CBH work sites are maintained by District Personnel Office 100 W. Walnut Ave, Suite 92, Dalton, GA
1. Records will be maintained by District Personnel Office, in the ADA files. Records will be maintained for a total of five (5) years, and then destroyed.
For additional information or assistance, please contact the District Personnel Office at 706/272-2342.
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