CATV Drug Policy

CATV Service, Inc.
115 Mill Street, PO Box 198
Danville, PA 17821
Phone: 570-275-8410 Fax: 570-275-3888
Drug Abuse and Alcohol Misuse Policy and Prevention Plan
Policy Information
Initial Policy Effective Date: May 1, 2009
Current Policy Revision Date: May 1, 2009
Revision History:
•
•
•
•
•
•
Required Testing
Pre-employment Drug Testing .... ......................... .. ............. Drug only
Random Testing ............................ .. .. ... ............... .... .... Drug & Alcohol
Post-accident Testing .......................................... ... .... Drug & Alcohol
Reasonable Cause Testing ..... .............. .. .. ....... .. ........... Drug & Alcohol
Follow-up .. ...... ... ..... ....... ... .. ....... .................. ........ .. .... Drug or Alcohol
Return-to-duty Testing .. .............................................. Drug or Alcohol
Policy Summary
•
•
•
•
•
•
•
•
Prohibits the use, manufacture, sale, distribution, dispensation, possession or purchase of a
prohibited drug during work hours and on Company property, as those terms are defined by
the Policy
Prohibits consumption of alcohol during work hours or on Company property, as those terms
are defined by the Policy, without Company authorization
Testing for prohibited drugs and alcohol
Partners with an independent, experienced laboratory and Medical Review Officer to ensure
accuracy and employee privacy and confidentiality
One-time rehabilitation/counseling option for employees who fail a drug or alcohol test for
the first time
Termination for failing a drug or alcohol test for the second time, or for refusal to submit to
prescribed rehabilitation/counseling after failing a drug or alcohol test for the first time
Discipline, up.to and including termination, for refusing to submit to a drug or alcohol test, or
deliberately obstructing the testing process or adulterating the test sample
Employees are required to notify the Company in writing of any criminal drug or alcohol
statute conviction or plea of Nolo Contendre/no contest within five days of such plea or
conviction, and will be subject to discipline for failure to do so
CATV Service, Inc.
115 Mill Street, PO Box 198
Danville, PA 17821
Phone: 570-275-8410 Fax: 570-275-3888
Drug Abuse and Alcohol Misuse Policy and Prevention Plan
Policy Information
Initial Policy Effective Date: May 1, 2009
Current Policy Revision Date: May 1, 2009
Revision History:
Required Testing
•
•
•
•
•
•
Pre-employment Drug Testing ....... .. ..... ........... .... .............. .Drug only
Random Testing ... .. .......... .... ....................................... Drug & Alcohol
Post-accident Testing ... ...... ........................................ Drug & Alcohol
Reasonable Cause Testing .. ........ ... ........ .. .... .... ........... .Drug & Alcohol
Follow-up ......... ...................................................... .... Drug or Alcohol
Retum-to-duty Testing .. .... .................. ........................ Drug or Alcohol
Policy Summary
•
•
•
•
•
•
•
•
Prohibits the lise, manufacture, sale, distribution, dispensation, possession or purchase of a
prohibited drug during work hours and on Company property, as those terms are defined by
the Policy
Prohibits consumption of alcohol during work hours or on Company property, as those terms
are defined by the Policy, without Company authorization
Testing for prohibited drugs and alcohol
Partners with an independent, experienced laboratory and Medical Review Officer to ensure
accuracy and employee privacy and confidentiality
One-time rehabilitation/counseling option for employees who fail a drug or alcohol test for
the first time
Termination for failing a drug or alcohol test for the second time, or for refusal to submit to
prescribed rehabilitation/counseling after failing a drug or alcohol test for the first time
Discipline, up to and including termination, for refusing to submit to a drug or alcohol test, or
deliberately obstructing the testing process or adulterating the test sample
Employees are required to notify the Company in writing of any criminal drug or alcohol
statute conviction or plea of Nolo Contendrelno contest within five days of such plea or
conviction, and will be subject to discipline for failure to do so
Miscellaneous Policy Information*
SAMHSA Testing Laboratory:
MedTox Laboratories, Inc.
CITP A Administrator:
Mid-State Occupational Health Services, Inc.
Company Testing Contact:
Samuel Haulman Phone: 570-275-8410 ext. 141
CA TV Service, Inc.
115 Mill Street, PO Box 198
Danville, P A 17821
Medical Review Officer:
Frank 1. Conly, M.D.
*Subject to change following written notice to the Company and the Union
Employee Acknowledgement of Receipt and Understanding
I have read and understand CATV Service, Inc.'s Drug Abuse and Alcohol Misuse Policy and
Prevention Plan ("Policy"). I have been provided a copy of the Policy and had an opportunity to
ask questions. I understand that any questions concerning the Policy should be refeued to the
Substance Abuse Prevention Plan Coordinator (SAPPC): Sam Haulman at 570-275-8410 ext.
141.
I understand that this Policy is not a contract of employment, and does not establish any
additional rights or remedies in addition to those rights and remedies to which I am otherwise
entitled as an employee of CATV Service, Inc.
Employee Signature
Date
Drug Abuse and Alcohol Misuse Policy and Prevention Plan
CATV Service, Inc.
I.
INTRODUCTION
It is the goal of CATV Service, Inc. (the "Company") to maintain a drug and alcohol-free
workplace, provide a safe work environment, a healthy, effective work force, and to reduce the
probability of accidents, incidents and problems related to the use and/or abuse of alcohol and
other drugs by Company employees. It is also the policy of the Company to promote deterrence
rather than detection of drug abuse and alcohol misuse by Company employees. In order to
accomplish a drug and alcohol-free workplace, the Company has adopted this Drug Abuse and
Alcohol Misuse Policy and Prevention Plan.
II.
DEFINITIONS
The following terms, used throughout the Policy, shall have the following meaning:
"Accident" means any incident where the Company determines, in its sole discretion, that there
is significant damage to Company property and/or personal injury requiring medical treatment.
"Adulterated" means that a substance has been introduced into the urine to modify the drug test
sample and prevent the identification of one or more prohibited drugs.
"Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol or other low
molecular weight alcohols including methyl or isopropyl alcohol.
"Alcohol test" means a breath alcohol test administered to an employee by a Breath Alcohol
Technician using an Evidential Breath Tester (breathalyzer).
"Breath Alcohol Technician" means an individual who instructs and assists individuals in the
alcohol testing process and operates an Evidential Breath Tester.
"Chain of Custody" means procedures to account for the integrity of each urine or blood
specimen by tracking its handling and storage from point of specimen collection to final
disposition.
"Company" means CATV Service, Inc., its subsidiaries and affiliates.
"Company property" means any and all property owned or leased by the Company, or upon
which the Company is performing work, including but not limited to offices, vehicles, jobsites,
workplaces and customer jobsites and workplaces.
"Confirmation Test" (for alcohol testing) means a second test, following a screening test with
a result of 0.02 or greater, that provides quantitative data of alcohol concentration.
"Confirmation Test" (for drug testing) means a second analytical procedure, following a
positive screening test, to identify the presence of a specific drug or metabolite which is
independent of the screening test and which uses a different technique and chemical principle
from that of the screening test in order to ensure reliability and accuracy. Gas
chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for
cocaine, marijuana, opiates, amphetamines, phencyclidine, and [insert other drugs if
appropriate] .
"Controlled substances" shall mean any controlled substance identified in federal regulations
located at 21 C.F.R. § 1308 et seq.
"Drugs" or "Prohibited drugs" shall mean all controlled substances, other than those taken
pursuant to and authorized by a valid prescription issued by the employee's physician to that
employee and in accordance with that physician' s direction.
"Drug test" means a urine drug test administered to an employee by Mid-State Occupational
Health Services, Inc.
"Employee" shall mean every employee of the Company regardless of position, title,
qualifications, job duties and/or union membership or affiliation.
"Employee Assistance Program" (EAP) is a benefit offered by the Company to all employees
to help employees deal with personal problems that might adversely impact their work
performance, health, and well-being. Rehabilitation and reentry to the work force are usually
arranged through an EAP. Information regarding the Company's EAP is available upon request.
To "fail a drug test" means that a confirmed drug test result shows positive evidence of the
presence of a prohibited drug in a person's system in excess of the minimum initial and
confirmation test levels set forth in the Policy, and the MRO determines there is no legitimate
medical explanation for the confirmed positive test other than unauthorized use of a prohibited
drug. An employee will also be deemed to have failed a drug test if the employee refuses to
submit to a drug test required under the Policy.
To "fail an alcohol test" means that a confirmed positive alcohol test result of 0.02 has
occurred. An employee will also be deemed to have failed an alcohol test if the employee refuses
to submit to an alcohol screening or confirmation test required under the Policy.
"Mid-State Occupational Health Services, Inc." (Mid-State) is a contracted representative of
the Company. Mid-State, or its successor, is responsible for administering the drug and alcohol
testing program, including but not limited to: preparing collection site(s), collecting specimens,
submitting the specimens to a DHHS certified laboratory, having test results evaluated by the
2
Medical Review Officer, and preparing, maintaining and submitting to the Company all reports
required by the Policy.
"MRO" shall mean the Medical Review Officer, listed in the Policy and which may be amended
from time to time. The MRO's responsibilities are set forth in detail in Section XIII of the
Policy. The MRO may not be an employee of the lab conducting the tests. In the event the MRO
is temporarily tillable to perform his or her responsibilities pursuant to the Policy, Mid-State will
appoint, or the Company and the Union will agree to, a temporary replacement MRO, who shall
meet the qualifications described above.
"Over-the-counter medication" shall mean any legal substance, other than alcohol , for which a
prescription is not needed.
"Policy" shall mean this Drug Abuse and Alcohol Misuse Policy and Prevention Plan.
"Reasonable cause" exists when an employee exhibits accepted physical, behavioral, or
performance indicators of probable drug or alcohol use. Examples of such indicators include, but
are not limited to, repeated errors on-the-job, regulatory or Company rule violations, and
indications of the chronic and withdrawal effects of prohibited drugs. An employee will be
required to take a drug or alcohol test if Company officials or supervisors have reasonable cause
to believe that the employee is impaired while at work due to drug or alcohol use.
"Refusal to Submit" (to an alcohol test) means that an employee fails to provide an adequate
sample of breath for testing without a valid medical explanation, after receiving notice of the
requirement to be tested in accordance with the provisions of the Policy, or engages in conduct
that clearly obstructs the testing process.
"Refusal to Test" (to a drug test) means that an employee fails to provide a testable urine
sample, or has engaged in conduct that clearly obstructs the drug testing process, or has refused
to provide the urine sampJe as required by this plan.
"Return-to-Duty Test" means an initial drug or alcohol test administered prior to the return to
duty of an employee who failed a drug and/or alcohol test, and additional unannounced drug
and/or alcohol tests for up to 60 months given to an employee who previously failed a drug
and/or alcohol test and has retumed to work.
"SAP" shall mean the Substance Abuse Professional designated by the Company' s EAP.
"SAPPC" shall mean the Substance Abuse Prevention Plan Coordinator designated by the
Company. The SAPPC shall have the responsibilities for implementing, administering,
monitoring and the authority to enforce the provisions and articles of the Policy. The SAPPC
will be the MRO's contact person on behalf of the Company. The SAPPC shall maintain all
legally required records related to the Policy.
"Screening test" means: (a) for alcohol testing, an analytic procedure to determine whether an
3
employee may have a prohibited concentration of alcohol in a breath specimen; (b) for drug
testing an immunoassay screen to eliminate "negative" urine specimens from further
consideration.
"Substance Abuse" is the misuse/abuse of alcohol, drugs, and any other substance that may be
inhaled, injected, or taken by mouth that may impair the individual.
"Union" shall mean Local No. 812 of the International Brotherhood of Electrical Workers.
"Work hours" shall mean all time for which the Company compensates an employee, including
but not limited to "on-call" time as that term is defined in the Collective Bargaining Agreement
between the Company and the Union.
III.
NON-DISCRIMINATION
The Policy, including the issuance of any discipline thereunder, shall be applied unifonnly and
consistently to all employees, consistent with the Company's non-discrimination policy and
regardless of the age, sex, race, color, religion, national origin, veteran status, medical condition,
disability, genetic information or other legally protected status of the affected employee.
IV.
COMPANY'S RIGHTS
The Company reserves the right to search employees' personal effects brought on Company
property, along with the employee's work area, when an employee is suspected of violating the
Policy during work hours and/or on Company property.
v.
NOTIFICATION TO COMPANY OFFICIALS
1.
Employees are required to notify the Company in writing of any criminal drug or
alcohol statute conviction or entry of a plea of Nolo Contendre/no contest within
five (5) calendar days after such plea or conviction. Written notification may be
provided to the employee's immediate supervisor andlor Samuel Haulman.
2.
Employees are required to notify the Company in writing of the use of any
prescription drug or over-the-counter medications which may cause drowsiness or
sensory impairment prior to reporting for or perfonning work for the Company.
Employees are solely responsible for ascertaining whether any such prescription
drug or medication may cause drowsiness or sensory impainnent. Written
notification may be provided to the employee's immediate supervisor and/or
Samuel Haulman.
4
VI.
POLICY VIOLATIONS
A.
Category One Violations
1.
B.
C.
VII.
The employee is found to be using, manufacturing, selling, distributing,
dispensing, possessing, or purchasing a prohibited drug during work hours
or on Company property
Category Two Violations
1.
The employee fails an alcohol or drug test
2.
The employee refuses to submit to an alcohol test or refuses a drug test
3.
The employee adulterates a drug test specimen or otherwise obstructs the
drug testing process
4.
The employee consumes alcohol during work hours or on Company
prope11y without Company authorization
Category Three Violations
I.
The employee fails to notify the Company in writing of any criminal drug
or alcohol statute conviction or entry of a plea of Nolo Contendre/no
contest within five (5) calendar days after such plea or conviction
2.
The employee fails to notify the Company in writing ofthe use of any
prescription drug or over-the-counter medications which may cause
drowsiness or sensory impairment prior to reporting for or performing
work for the Company
DISCIPLINARY ACTION
Employees violating the Policy will be subject to appropriate disciplinary action up to and
including termination, as set forth in greater detail below.
Except as expressly provided otherwise in the Policy, disciplinary action taken pursuant to the
Policy is not subject to the grievance and/or arbitration provisions of any collective bargaining
agreement between the Company and the Union.
A.
Category One Violations
Immediate termination of employment.
5
B.
C.
Category Two Violations
1.
First Offense: Offending employee will be placed on an unpaid
suspension to permit the employee to be evaluated by the Company's EAP
and complete any prescribed rehabilitation or counseling program, as
described in this Policy. Any such suspension shall last a minimum of five
(5) work days. lfthe employee fails to successfully complete an
acceptable rehabilitation program prior to the end of the suspension
period, the employee's employment will be terminated.
2.
Second Offense: Immediate termination of employment.
Category Three Violations
1.
First Offense: Offending employee will be placed on an unpaid, one-day
suspensIon.
2.
Second Offense: Immediate termination of employment.
VIII. REHABILITATION/COUNSELING
An employee committing a first-offense Category Two violation of the Policy shall be evaluated
by the SAP, who shall determine what assistance, if any, the employee needs in resolving
problems with drug and alcohol misuse/abuse.
If the SAP determines that an employee who has committed a first-offense Category Two
violation needs assistance in resolving problems with drug and alcohol misuse/abuse, the
employee must participate in and complete the rehabilitation and/or counseling program
designated by the SAP. The employee will be terminated immediately if the employee refuses to
participate in an approved rehabilitation or counseling program as determined by the Company 's
EAP following its evaluation of the employee, or the employee is not certified as having
successfully completed the rehabilitation or counseling program.
Any such rehabilitation or counseling program shall be established through the EAP, and the
employee' s compliance with the rehabilitation or counseling program shall be monitored through
the EAP. Upon successful completion of the rehabilitation or counseling program, as detennined
by the SAP/EAP, the employee shall be certified as having successfully completed the
rehabilitation or counseling program, and shall be eligible to return to work in accordance with
the provisions ofthe Policy, subject to retum-to-duty testing conducted pursuant to the Policy.
During participation in a rehabilitation or counseling program pursuant to the Policy, the
employee shall be placed on an unpaid leave of absence.
The employee shall pay the entire cost of any rehabilitation and/or counseling program unless the
employee is enrolled in the Company's health/medical insurance plan, if any, at the time of
testing, and that plan covers all or part of the cost of such rehabilitation and/or counseling
program. Under no circumstances shall the Company be responsible for any portion of the cost
6
of any such rehabilitation and/or counseling program.
The Company, the Union, and employees are bound by the actions, evaluations, and
determinations of the EAP and SAP, and there shall be no right of contest or appeal of any such
actions, evaluations and/or determinations.
IX.
SUBSTANCES TESTED FOR
Pursuant to the Policy, employees shall be tested for all prohibited drugs, as that term is defined
by the Policy.
X.
DRUG AND ALCOHOL TESTING
Employees and applicants for employment will be required to undergo drug and/or alcohol
testing in the following circumstances:
2.
3.
4.
5.
6.
Pre-employment testing - drug only.
Random tes6ng - drug and alcohol.
Reasonable cause - drug and alcohol.
Post-accident testing - drug and alcohol.
Return-to-duty testing - drug and alcohol.
Follow-up testing - drug and alcohol.
A.
Pre-Employment Testing
1.
All applicants for employment must take and pass a pre-employment drug test as a pre-condition
to be hired or to work for the Company. All applicants will be notified of the requirement for
pre-employment drug testing during pre-placement. An applicant who is offered a position with
the Company will be required to report to the collection site within 24 hours of notification and
provide a specimen of his or her urine.
The Company will withdraw an offer of employment to any applicant for employment who fails
a pre-employment drug test.
B.
Random Testing
All employees are subject to unannounced alcohol and/or drug testing based on random selection
and reasonably spread throughout each calendar year. Upon notification by the appropriate
Company representative that the employee has been selected for random alcohol and/or drug
testing, the employee will be instructed to report to a designated collection site for delivery of a
urine specimen and/or breath alcohol test. The employee must report to the collection site as
soon as possible after notification, but no later than 30 minutes plus travel time to the collection
site. Employees will be paid for time spent traveling to and from, and undergoing, random drug
and/or alcohol testing. In the event an employee is not present on the day he or she is selected for
random alcohol and/or drug testing, the testing may be performed at the first available
opportunity after the employee returns to work.
7
Employees will be selected for random alcohol and/or drug testing on a quarterly basis by MidState. The Company will not participate in the selection of employees for random testing.
Random testing will be performed at a rate sufficient to test at least fifty percent (50%) of
employees annually and all employees have an equal chance of being chosen for testing every
time a random selection is drawn. The employees to be tested will be selected by a computerbased scientific random number generator that is matched with employee social security or other
unique iden6fYing numbers, as determined by Mid-State. Selections will be made on a quarterly
basis.
To ensure that the selection process is random, all employees, including full-time, part-time, and
temporary employees, will be placed in a common pool each time selections are made.
The selection procedure will select sufficient additional numbers (names) to be used to reach the
appropriate testing level during each test period. These alternate numbers (names) will be tested,
in order of selection, only if employees initially selected are unavailable for testing due to
vacations, medical or travel requirements.
C.
Reasonable Cause Testing
An employee will be tested for drugs and/or alcohol when there is reasonable cause to believe
that the employee is using or is under the influence of alcohol or drugs. A determination that
reasonable cause exists may be made by any supervisor or other Company representative who has
completed the training described in Section XILB of the Policy.
Upon notification by the appropriate Company representative, the employee will be instructed to
report to a designated collection site for delivery of a urine specimen and/or breath alcohol test.
If delivery of the specimen is not to occur on the worksite, transportation to and from the
collection site will be provided by the Company or Mid-State. Employees who are tested for
reasonable cause will not return to work unless and until they are instructed by an authorized
Company representative to return to work.
Where there is reasonable cause to require an alcohol and/or drug test, the affected employee will
be immediately suspended from work without pay. The employee will only be paid for time
spent traveling to and from, and undergoing, reasonable cause drug and/or alcohol testing if it is
determined that the employee did not violate the Policy.
Documentation of the grounds for reasonable cause to require an alcohol and/or drug test must be
made and signed by the supervisor making the reasonable cause determination within 24 hours of
the observation of accepted physical, behavioral, or performance indicators of probable drug or
alcohol use or before the test results are released, whichever is later.
Notwithstanding the absence oia positive reasonable cause alcohol or drug test under this
section, the Company shall not permit any employee to report for duty or remain on duty
requiring the performance of coveredfunctions while the employee is believed to be under the
influence of or impaired by drugs and/or alcohol, as shown by the behavioral, speech, or
performance indicators of alcohol misuse or drug abuse.
8
D.
Post-Accident Testing
As soon as is practicable following an accident each employee involved in the accident shall be
tested for alcohol and drugs. Because alcohol and certain drugs or drug metabolites do not
remain in the body for extended periods of time, testing should be as soon as practicable. An
alcohol test should be perfonned within two hours after an accident and must be attempted to be
performed for up to 8 hours after an accident. If the test is not timely administered after an
accident, the Company shall prepare and maintain on file a record stating the reasons the test was
not timely administered.
Upon notificati on by the appropriate Company representative, the employee will be instructed to
report to a designated collection site for delivery of a urine specimen and/or breath alcohol test.
Employees will be paid for time spent traveling to and from, and undergoing, post-accident drug
and alcohol testing. If delivery of the specimen is not to occur on the worksite, transportation to
and fro m the coll ection site will be provided by the Company or Mid-State. Employees who are
tested as part of a post-accident procedure will not return to work unless and until they are
instructed by an authorized Company representative to return to work.
Notwithstanding the absence ofa positive post-accident alcohol or drug test under this section,
the Company shalf not permit any employee to report for duty or remain on duty requiring the
perJbrmance ofcoveredJimctions while the employee is believed to be under the influence of or
impaired by drugs and/or alcohol, as shown by the behavioral, speech, or performance
indicators of alcohol misuse or drug abuse.
E.
Return-to-Duty Testing
When an employee who has committed a first-offense Category Two violation of the Policy has
been certified as having successfully completed a rehabilitation or counseling program pursuant
to this Policy, or it is otherwise detennined by the Company, in its sole discretion, that the
employee is eligible to return to work, the employee will be instructed to report to a designated
collection site for delivery of a urine specimen and/or breath alcohol test. The employee must
report to the collection site within 24 hours after notification. Employees will not be paid for
time spent traveling to and from, and undergoing, random drug and/or alcohol testing.
The Company may require an employee who previously failed a drug test to submit to a retumto-duty alcohol test. In addition, the Company may, based on the recommendations of the SAP
or MRO, require an employee who previously failed an alcohol test to submit to a return-to-duty
drug test.
An employee who fails a return-to-duty alcohol and/or drug test will be immediately tenninated
from employment.
F.
Follow-Up Testing
An employee who returns to duty after completing a drug and/or alcohol rehabilitation or
9
counseling program will be subject to follow-up drug and/or alcohol testing (as appropriate),
without notice, at intervals determined by the SAP. These tests are in addition to any other tests
required by the Policy. The time period for follow-up drug and/or alcohol testing shall be
determined by the SAP, but will not be more than sixty (60) months.
Upon notification by the appropriate Company representative, the employee will be instructed to
report to a designated collection site for delivery of a urine specimen and/or breath alcohol test.
The employee must report to the collection site as soon as possible after notification, but no later
than 30 minutes plus travel time to the collection site. Employees will not be paid for time spent
traveling to and from, and undergoing, follow-up drug and/or alcohol testing.
Testing will be on a daily, weekly, monthly or less frequent basis at the discretion of the SAP
with a minimum of six (6) follow up tests during the first twelve (12) months following an
employee's return to duty. Follow up testing may not be counted toward the number of tests
needed for random testing.
Upon completion of the required follow-up testing period, the SAP shall confirm that the
employee has completed the post-rehabilitation/counseling testing program.
Follow-up alcohol testing shall only be conducted just before, during or immediately after the
employee performs his job duties.
XI.
XII.
COMMUNICATION OF POLICY TO EMPLOYEES
1.
Drug and alcohol information explaining the testing requirements will be
distributed and displayed in the work areas, prior to initiation of testing, and
periodically thereafter.
2.
A copy of the Policy will be provided to each employee and displayed in the work
area. A signed Acknowledgement of Receipt and Understanding of the Policy is
required to be in the Company' s file for each employee.
3.
Substance abuse hot-line telephone numbers for employee assistance under the
Company's EAP will be provided to employees and displayed in the work area.
TESTING ADMINISTRATION AND PROCEDURES
Testing of employees or applicants for employment shall only take place under the followi ng
circumstances, and in a manner consistent with the provisions of the Policy.
A.
Testing Administration and Recordkeeping*
Mid-State will administer the drug and alcohol testing program, prepare collection site(s), collect
specimens, submit the specimens to a DHHS celtified laboratory, have test results evalu~ted by a
qualified MRO, and prepare, maintain and submit all required reports relative to the PolIcy on the
Company's behalf. Mid-State's corporate office is located at:
10
Mid-State Occupational Health Services, Inc.
2401 Reach Road, Suite 105
Williamsport, PA 17701
Telephone: 570-327-8790
The Drug and Alcohol Program Administrator responsible for administering and record keeping
requirements for the Company under the drug and alcohol testing program provided under the
above Policy is:
Chandra S. DeWald, Drug and Alcohol Program Administrator
Mid-State Occupational Health Services, Inc.
2605 Reach Road
Williamsport, PA 17701
570-327-8790
Fax: 570-321-9504
email: Chandra@midstateohs.com
The DHHS certified laboratory used in connection with the Plan is:
MedTox Laboratories, Inc.
354 West County Road D
Saint Paul, MN 55112
The Medical Review Officer is:
Frank L. Conly, M.D.
2401 Reach Road, Suite 105
Williamsport, PA 17701
*Subject to change following written notice to the Company and the Union
B.
"Reasonable Cause" Training
Mid-State will provide the Company' s supervisory and management personnel, who are
authorized to determine whether there exists "reasonable cause" to require an employee to submit
to alcohol or drug testing, with the following training:
1.
A one hour (minimum) training period on specific, contemporaneous physical,
behavioral, and performance indicators and/or symptoms of probable drug use.
2.
A one hour (minimum) training period on specific contemporaneous, behavioral,
and performance indicators and/or symptoms of alcohol misuse, including but not
limited to articulable observations concerning the employee's appearance,
behavior, speech, or body odors.
11
C.
"Positive" Drug Screening Test I..Ievels*
An initial drug screening/immunoassay test that yieJds a concentration level of any drug for
which the Company tests that is equal to or greater than the levels listed below will be considered
a "positive" screening test result:
Concentration Level
Marijuana
Cocaine
Opiates
Phencyclidine
Amphetamines
Other drugs?
50 nanograms per milliliter (ng/mL)
300 ng/mL
2,000 ng/mL
25 ng/mL
1,000 ng/mL
*Subject to change following written notice to the Company and the Union
D.
"Positive" Drug Confirmation Test Levels*
A confirmation (gas chromatography/mass spectrometry) drug test that yields a concentration
level of any drug for which the Company tests that is equal to or greater than those listed below
will be considered a "positive" confirmation test result:
Concentration Level
Marijuana
Cocaine
Opiates
Phencyclidine
Amphetamines
Other drugs?
15 nanograms per milliliter (ng/mL)
150 ng/mL
2,000 ng/mL
25 ng/mL
500 ng/mL
*Subject to change following written notice to the Company and the Union
E.
Alcohol Testing Procedures
1.
Alcohol screening tests will be conducted by a Breath Alcohol Technician
("BAT"), who will administer the test by instructing, assisting and observing the
employee's use of an Evidential Breath Tester ("EBT"), a.k.a. breathalyzer.
2.
If the result of the alcohol screening test is 0.02 or greater, the BAT will
administer a confirmation test.
12
3.
A confirmation test result of 0.02 or greater will be considered a confirmed
positive confinnation test result, and the employee will be considered to have
failed the alcohol test.
F.
Drug Testing Procedures
1.
Test Collection
Upon reporting to the designated collection site, the employee will be required to complete a
Consent to Testing form provided to the employee by Mid-State.
The Mid-State collection technician will instmct the employee on the proper method of
collecting the specimen and every effort will be made to ensure privacy. Privacy will be
forfe ited, however, if the collection technician, with the concurrence of a Company
representative, has reason to believe that an employee might adulterate his or her specimen. If
specimen adulteration is suspected, a second specimen will be obtained under the direct
observation of a licensed medical professional or a trained collection technician of the same
gender as the employee being tested.
The collection technician will properly identifY all specimens in strict accordance with the
appl icable procedures, as set forth in the applicable federal regulations, and will follow all
required written protocols to insure the proper chain of custody for every specimen.
2.
Employee Return to Work
Employees who are tested for reasonable cause, as part of a post-accident procedure, or pursuant
to the return-to-duty testing provisions of the Policy will not return to work unless and until they
are instructed by an authorized Company representative to return to work. All other employees
wi ll return immediately to their assigned responsibilities after the specimen has been delivered to
the collection technician.
3.
Screening Test
Mid-State shall first conduct a screening test on the tested employee' s urine specimen to
eliminate "negative" urine specimens from further consideration.
If the result of a screening test is "negative," i.e. testing does not reveal the presence of a
prohibited drug equal to or greater than the levels set in Section XII.C above, the employee shall
be notified that the result of the drug test was "negative," and no further action or testing shall be
undertaken.
4.
Confirmation Test
If the result of a screening test is "positive," as defined in Section XII.C above, the specimen
shall be submitted to a second analytical procedure - gas chromatography/mass spectrometry
(GS/MS) - to identify the presence of a specific drug or metabolite.
13
A confirmation test result that confirms the presence of the drug for which there was a positive
screening test result, at a level equal to or greater than the levels set in Section XII.D above will
be considered a positive confirmation drug test result, and the result shall be submitted to the
MRO for further review.
5.
MRO Review
The MRO will review and interpret each positive confirmation drug test result to determine if
there is an alternative medical explanation for the result. If the MRO determines there is no
legitimate medical explanation for the confirmed positive drug test other than use of a prohibited
drug, the MRO will verify the positive test result as a failed drug test.
6.
Split Sample Testing
After being notified by a MRO of a failed drug test, an employee has 72 hours to request that a
split sample be tested. The 72-hour period begins when the employee is notified by the MRO,
and includes holidays and weekends.
7.
Retesting
Any employee who fails a drug test may request a retest of the original sampJe. Any retesting
may only take place at another Department of Health and Human Services ("DHHS") certified
laboratOly. The requesting employee must pay in advance for this cost of sample, shipment and
retesting. A request for retesting shall not prohibit the Company from disciplining the employee
in accordance with the terms of the Policy, and during the time required for retesting, the
employee will continue in the same status the employee had prior to the request for retest.
In the event that the retest results are negative, and after the review of the negative retest result by
the MRO and the negative test result is verified by the MRO to be negative, the Company will
compensate the employee for any wages or benefits lost due to disciplinary action taken in
accordance with the Policy, as well as the cost of the retest.
G.
Reporting of Test Results
1.
All complete test results will be strictly confidential and will be reported only to
the affected employee.
2.
For each drug or alcohol test, a "limited test result report" shall be reported to the
Company's SAPPC and the Union. The limited test result report shall contain
only the name of the employee, the date ofllie test, the reason for the test (i. e.
reasonable cause, random, etc.), and one or more of the following:
a.
Notice that the result of an alcohol screening test is either positive or
negative;
14
b.
Notice that the result of a drug test was negative;
c.
Notice that an employee failed a drug test;
d.
Notice that an employee refused to submit to an alcohol and/or drug test;
.
and/or
e.
Notice that an employee deliberately obstructed the testing process or
adulterated the test sample.
3.
In the SAPPC's absence or unavailability, limited test results will be reported to
the Company's designated SAPPC alternate. Any Company representative who is
designated to receive limited test results must be specifically designated in writing
prior to receipt of such infonnation. Fax transmissions are acceptable provided
the Company controls access to and assures the confidentiality of fax reports in
advance of any notice being forwarded via fax.
4.
The certified test laboratory will send all urine test results directly to the MRO.
5.
The MRO will discuss failed drug test results directly with the affected employee.
No more than three days after receipt of test results, the MRO shall signed and
transmit a limited test result report to the Company and the Union.
6.
a.
Negative test results are not discussed, but are administratively reviewed
by the MRO or MRO designate prior to transmitting the results in a
confidential manner to the Company.
b.
If, after making all reasonable efforts to notify the employee and
documenting those efforts, the MRO is unable to reach an employee
directly, the MRO shall contact the SAPPC, who will attempt to contact
the employee and direct him/her to contact the MRO as soon as possible.
In such a case, the SAPPC shall employ procedures that ensure, to the
maximum extent possible, that the MRO contact requirement is held in
confidence.
The MRO may verify a positive test result as a failed drug test without
communicating directly with the employee about the test results in the following
circumstances:
a.
The employee expressly declines the opportlmity to discuss the test results
with the MRO;
b.
The designated Company representative has successfully made and
documented a contact with the employee and instructed the employee to
contact the MRO, and more than five (5) days have passed since the date
15
the employee was successfully contacted by the designated Company
representative; or
c.
The MRO and the Company are unable to contact the employee, despite
good faith effOlis to do so, within fourteen (14) days after the Company's
receipt of the controlled substance report.
7.
If a test is verified as a failed drug test under the circumstances specified in
paragraph (6) above, the employee may present information to the MRO
documenting that serious illness, injury, or other circumstances unavoidably
prevented the employee from contacting the MRO in a timely manner. If the
MRO concludes that there is a legitimate explanation, the MRO may reconsider
the test and declare the test to be negative.
8.
If the employee does not contact the MRO after fowieen (14) days, the MRO will
verify the positive test as a failed drug test and close the employee file.
H.
Specimen Retention *
All urine specimens yielding positive confirmation drug test results will be retained by the
certified DHHS testing laboratory in properly secured, long term frozen storage for 365 days.
Within this 365-day period, the employee, the Drug and Alcohol Program Administrator, or, if
the agency is subject to the jurisdiction of a state agency, the state agency may request that the
laboratory retain the sample for an additional period. If, within the 365-day period, the
laboratory has not received a proper written request to retain the sample for a further reasonable
period specified in the request, the sample may be discarded following the end of the 365-day
period.
*Subject to change following written notice to the Company and the Union
I.
Recordkeeping*
Mid-State will maintain, in secure storage, the administrative and testing records for a period
consistent with its policies.
*Subject to change following written notice to the Company and the Union
J.
Employee Identification
Photo identification (passport, driver's license, other state-issued identification, or employee
identification issued by the Company) is required at the time of testing. Social Security numbers
will be used for identification of urine specimens.
K.
Disclosure of Information to Employees
An employee is entitled, upon written request, to obtain copies of any records pertaining to any
16
tests taken by the employee pursuant to the Policy. Mid-State shall promptly provide records
requested by the employee.
L.
Confidentiality
1.
Each individual's record of testing and results under this Policy will be
maintained private and confidential. With the exception of the drug and alcohol
program stafT (certified laboratory, MRO and Drug and Alcohol Program
Administrators), or upon request of a state agency official or as otherwise required
by law or legal process, the results of individual drug and alcohol tests will not be
released to anyone without the express written authorization of the individual
tested , except as provided in Section XII.G . above and paragraph (2) below.
2.
Any employee who seeks to contest any discipline issued pursuant to the Policy
must authorize, in writing, the release of all records related to the dispute to the
Company and the Union, including but not limited to any results of a disputed
drug or alcohol test, or the records regarding the employee's participation in a
rehabilitation or counseling program pursuant to the Policy.
3.
All written records will be stored in containers or in a secure location with access
available only the individuals/entities listed in paragraph (I) above.
4.
Unless an employee gives his or her written consent, the employee ' s drug and
alcohol testing and/or rehabilitation records will not be released to a subsequent
employer or prospective employer.
XIII. MEDICAL REVIEW OFFICER (MRO)*
A.
Certification
The MRO shall be a licensed physician (medical doctor or doctor of osteopathy) certified by the
American Association of Medical Review Officers as having knowledge of substance abuse
disorders and appropriate medical training to interpret and evaluate an individual's confirmed
positive test together with his or her medical history and any other relevant biomedical issues.
B.
General Responsibilities
If the MRO determines that there is a legitimate medical explanation for a confirmed positive
drug test result, no further action will be required and the test result will be treated as a negative.
If the MRO determines that there is no legitimate medical explanation for a confirmed positive
drug test result other than unauthorized use of a prohibited drug, the MRO will issue a statement
to the employee or applicant, and to the Company.
17
c.
Specific Responsibilities
1.
Receive positive confirmed results from laboratory.
Request, if needed, a quantitative description of test results.
Receive a certified copy of the original chain of custody.
Review and interpret positive test results.
Contact and speak directly and confidentially with the tested employee to inform
the employee of the test results.
Conduct a medical interview with the tested employee.
Review the employee's medical history, or any other relevant biomedical factors.
Review the employee's medical records (to be provided by the employee) to
detern1ine whether or not a positive drug test result was caused by legally
prescribed medication.
VerifY the accmacy of the laboratory test report and assessment.
Order reanalysis of the original sample in the certified laboratory, if necessary.
Consult with others if question of accmacy arises, while maintaining
confidentiality.
Consult with laboratory officials.
Decline receipt of minalysis results that do not comply with federal guidelines.
Not declare as positive an opiate-positive mine without "clinical evidence."
Determine whether a result is scientifically sufficient based upon review of
inspection reports, quality control data, multiple sample, and other pertinent
results and, if not, declare the test specimen negative.
If a result is scientifically insufficient, have a reanalysis of the original sample
performed by an alternate laboratory certified to DHHS Guidelines.
Determine whether a result is consistent with legal drug use.
Forward using any communications device the limited test result report of a
verified positive test to the Company SAPPC.
Legibly sign all verified failed drug test results.
The MRO may use a rubber stamp or his or her staffto sign negative results.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
*The MRO is subject to change following written notice to the Company and the Union
18