Appendix J - Employee Drug and Alcohol Testing Policy

1. INTRODUCTION

This drug and alcohol testing policy is the exclusive policy for MAPE Bargaining Unit employees and is limited to drug and alcohol testing required by the U.S. Department of Transportation to implement the Omnibus Transportation Employee Testing Act of 1991 and relevant U. S. Department of Transportation regulations.

2. PERSONS SUBJECT TO TESTING

All employees who are required to hold a Commercial Driver's License and a Class A or Class B License as a condition of employment are subject to testing under applicable sections of this policy.  These employees are subject to random, pre-employment, pre-placement, post-accident, reasonable suspicion, return-to-duty, and follow-up testing. The specific requirements for testing are governed by regulations promulgated by the U.S. Department of Transportation.

New employees and current employees who are appointed to CDL covered positions shall receive a copy of the Testing Plan within fourteen (14) days of appointment to a CDL covered position.

All time spent administering an alcohol or controlled substance test, including travel time, will be paid at the employee's regular rate of pay, or at the appropriate overtime rate, whichever is applicable.  An employee may be removed from work following a positive test result through the provisions of Article 16 - Discipline and Discharge. The employer shall pay all costs associated with the administration of alcohol and controlled substance tests.  The cost of testing the "split specimen" at a federally certified laboratory if so requested by the employee shall be borne by the Employer if such result is negative. The employee will be responsible for the cost of testing the “split specimen” if the test result is positive.

3. CIRCUMSTANCES FOR REASONABLE SUSPICION DRUG OR ALCOHOL TESTING

The Appointing Authority shall request or require an employee to undergo drug and alcohol testing if the Appointing Authority has reasonable suspicion that an employee has violated the provisions of law and regulation governing alcohol concentration, alcohol possession, on-duty use, pre-duty use, use following an accident, refusal to submit to a required alcohol or controlled substance test, controlled substance use, and controlled substance testing.  Reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances. Observations for alcohol testing must be made during, just preceding, or just after the period of the work day that the driver is required to be in compliance with the regulations. A driver can be directed to undergo reasonable suspicion alcohol testing only while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver is to perform safety-sensitive functions.

A written record shall be made of the observation leading to any reasonable suspicion test and shall be signed by the supervisor making the observation.

A supervisor requesting a drug or alcohol test must have successfully completed training developed or approved by Minnesota Management & Budget on drug and alcohol abuse, on how to recognize impairment on the job, on how to make a reasonable suspicion determination, and on the Employer's and/or Appointing Authority's written work rules.

4. REFUSAL TO UNDERGO TESTING

Employees do not have the right to refuse to undergo drug and alcohol testing.  If an employee refuses to undergo drug or alcohol testing required by the Appointing Authority, or who is found to have adulterated the sample, the employee shall be deemed to have violated the relevant prohibitions in the regulations.  Consistent with federal regulations, in order to be eligible to return to safety-sensitive duties for any employer, the employee must follow the process of Substance Abuse Professional (SAP) referral, treatment, return to duty testing and follow-up testing as if the test were positive.

5. RIGHT TO ASSOCIATION REPRESENTATION

An employee is entitled to Association representation pursuant to Article 8, Section 2 prior to any reasonable suspicion test.  When the physical presence of an Association representative is not practicable, the employee shall be allowed to confer with an Association representative by telephone.  Local Unions shall provide Appointing Authorities with the names and phone numbers of representatives who can be called to provide representation in such cases.

6. RIGHTS OF EMPLOYEES

An employee, for whom a positive test result on a confirmation test was the first such result on a drug or alcohol test required by the Appointing Authority shall not be discharged if:

1. The Appointing Authority has first given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the substance abuse professional trained in the diagnosis and treatment of chemical dependency; or
    

2. If a determination has been made by the substance abuse professional trained in the diagnosis and treatment of chemical dependency that no counseling or rehabilitation program is necessary.  However, an employee who has either refused the offer to participate in the counseling or rehabilitation program, or has failed to successfully complete the program has no such protection against discharge.

Expenses for the above stated rehabilitation or counseling program shall be pursuant to coverage under a state employee benefit plan or any other insurance plan the employee is covered under.

In addition, employees have the following rights:

1. The right not to be discharged, disciplined, discriminated against, or requested or required to undergo rehabilitation on the basis of a positive test result from an initial screening test that has not been verified by a confirmation test;
    

2. The right not to be discharged, disciplined, discriminated against, or required to undergo rehabilitation on the basis of medical history information revealed to the Medical Review Officer concerning the reliability of, or explanation for, a positive test result;
    

3. The right to access information in the subject's personnel or drug and alcohol file relating to positive test result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn from and actions taken based on the reports or acquired information.  An employee who is the subject of a drug and alcohol test shall, upon written request to the Medical Review Officer, have access to any records relating to his or her drug or alcohol test;
    

4. The right of an employee who has made a timely request for a confirmation retest to suffer no adverse personnel action if the confirmation retest does not confirm the result of the original confirmation test, using the same drug or alcohol threshold detection levels as used in the original confirmation test.

7. DATA PRIVACY

The purpose of collecting urine or breath is to test that sample for the presence of drugs or alcohol.  A sample provided for drug or alcohol testing will not be tested for any other purpose. The name, initials, and employee identification number of the person providing the sample are requested so that the sample can be identified accurately but confidentially.  Information about medications and other information relevant to the reliability of, or explanation for, a positive test result is requested to ensure that the test is reliable and to determine whether there is a valid medical reason for any drug or alcohol in the sample.  The Appointing Authority will not disclose the test result reports and other information acquired in the drug or alcohol testing process to another Appointing Authority or employer or to a third party individual, government agency, or private organization without the written consent of the person tested, unless permitted by law or court order.  An Appointing Authority will not disclose the test result reports and other information acquired in the drug or alcohol testing process to other Appointing Authorities unless the information is requested in connection with another drug test, or unless disclosure is necessary to permit follow-up testing or return to work testing. All data on the request for a test, the testing, and test results shall be kept separate from the regular personnel files, in locked file cabinets, accessible only by those supervisors, managers or confidential employees directly involved in the case.

8. RANDOM TESTING POOL

The employer shall establish a single pool of employees for random drug and alcohol testing.  This pool may include non-state employees.

9. SELECTION OF CONTRACTORS TO ADMINISTER POLICY

The employer may contract with appropriate firms to administer alcohol and controlled substance tests.  Employees shall be referred to substance abuse professionals under the State Drug and Alcohol Testing Plan.  If the employer does decide to administer alcohol or controlled substance testing with state employees, no law enforcement personnel shall be used.