Mecosta Osceola Transit Authority

DRUG AND ALCOHOL TESTING POLICY

1.0 Designated Contact Person and Board Adoption

1. The Designated Employer Representative (DER) is Ron Schalow, Executive Director, Mecosta Osceola Transit Authority (MOTA), 18710 16 Mile Road, POB 1116, Big Rapids MI 49307, (231) 796-4896. 2. This policy was originally adopted on December 15, 2008 and was last updated on March 19, 2015 by the MOTA Board of Directors. 3. This policy is also recognized and agreed to by AFSCME Council 25, Local 1865. 4. The Designated Authorized Official is Michael Tillman, Chair, MOTA Board of Directors.

2.0 Covered Employees

1. All safety-sensitive employees when operating a revenue service vehicle in or out of revenue service, and all independent contractors performing safety-sensitive functions. 2. Any operator of a non-revenue vehicle that is required to maintain a current Michigan Commercial Driver License (CDL). 3. Any employee or independent contractor controlling the movement of a revenue service vehicle. 4. All security personnel carrying firearms. 5. Any employee or independent contractor who performs maintenance on a revenue service vehicle.

3.0 Prohibited Drug Metabolites

1. Marijuana (THC) metabolites 2. Cocaine metabolites 3. Amphetamines a. Amphetemine b. Methamphetamine c. MDMA (Ecstacy) d. MDA e. MDEA 4. Opiate metabolites a. Codeine b. Morphine c. 6-AM (Heroin) 5. Phencyclidine (PCP)

4.0 Pre-Employment Testing

1. All applicants for covered transit positions shall undergo urine drug testing and breath alcohol testing prior to performance of a safety-sensitive function. All

3/19/2015 Page 1 offers of employment for covered positions shall be extended conditioned upon the applicant passing a drug and alcohol test. An applicant shall not be placed into a safety-sensitive position unless the applicant takes a drug test with verified negative results, and an alcohol concentration below 0.02. 2. If an applicant fails a pre-employment drug or alcohol test, the conditional offer of employment may be rescinded. Failure of a pre-employment drug and/or alcohol test will disqualify an applicant for employment for a period of at least one year. The applicant must provide the employer proof of having successfully completed a referral, evaluation and treatment plan as described in accordance with 49 CFR Part 40, as amended. The cost of the assessment and any subsequent treatment will be the sole responsibility of the applicant. If a pre-employment test is canceled, MOTA will require the applicant to take and pass another pre- employment drug test. In instances where a covered employee is on extended leave for a period of 90 days or more regardless of reason, and is not in the random testing pool the employee will be required to take a drug and alcohol test and have a negative test results prior to the conduct of safety-sensitive job functions. An applicant with a dilute negative test result will be required to retest. Applicants are required to report previous Department of Transportation (DOT) and/or Federal Transit Administration (FTA) covered employer drug and alcohol test results. Failure to do so will result in the employment offer being rescinded. 3. If the applicant has tested positive or refused to test on a pre-employment test for a DOT/FTA covered employer, the applicant must provide MOTA proof of having successfully completed a referral, evaluation and treatment plan. 4. When an employee being placed, transferred, or promoted from a non-covered position to a covered position submits a drug test with a verified positive result, and/or an alcohol concentration above 0.04, the regulations contained in 49 CFR Part 40, as amended, must be followed.

5.0 Reasonable Suspicion Testing

1. An employee may be required to take a test for the presence of alcohol just before, during or just after performing safety-sensitive functions. An employee may be required to take a test for controlled substances any time when the employer’s Trained Supervisor has a reasonable basis for requiring the test. The basis for requiring a test shall be placed in writing and a copy given to the employee when the test is required. 2. Reasonable suspicion shall mean that there is objective evidence, based upon specific, contemporaneous, articulable observations of the employee’s appearance, behavior, speech or body odor that are consistent with possible drug use and/or alcohol misuse. A written record of the observations which led to a drug/alcohol test based on reasonable suspicion shall be prepared and signed by the supervisor making the observation and shall be attached to the forms reporting the test results.

2 6.0 Post-Accident Testing

1. A covered employee will be required to undergo a DOT/FTA post-accident test if the covered employee is involved in an accident with a transit revenue service vehicle resulting in a fatality, whether or not the vehicle is in revenue service. This testing requirement includes all covered employees that were operating the vehicle at the time of the accident, and any other covered employees who could have contributed to the accident. 2. A covered employee will be required to undergo a DOT/FTA post-accident test if an accident results in injuries requiring immediate medical treatment away from the scene of the accident or one or more vehicles incurs disabling damage as a result of the occurrence and a vehicle is transported away from the scene by a tow truck or other vehicle. This testing requirement includes all covered employees that were operating the vehicle at the time of the accident, and any other covered employees who could have contributed to the accident, unless the operator’s performance can be completely discounted as a contributing factor to the accident. As soon as practicable following an accident, the transit supervisor investigating the accident will notify the transit employee operating the transit vehicle and all other covered employees whose performance could have contributed to the accident of the need for the test. The supervisor will make the determination using the best information available at the time of the decision. 3. The appropriate transit supervisor shall ensure that an employee, required to be tested under this section, is tested as soon as practicable within eight (8) hours of the accident for alcohol and within thirty-two (32) hours of the accident for drugs. The alcohol test is to be completed before the drug test, if possible. If an alcohol test is not performed within two (2) hours of the accident, the transit supervisor will document the reason or reasons for the delay. If the alcohol test is not conducted within eight (8) hours, attempts to conduct the test must cease and reasons for the failure to test must be documented. If the drug test is not conducted within thirty-two (32) hours, attempts to conduct the test must cease and reasons for the failure to test must be documented. 4. A covered employee involved in an accident must refrain from alcohol use for eight (8) hours following the accident or until the covered employee undergoes a post-accident alcohol test. 5. In the event that MOTA is unable to perform a DOT/FTA post-accident test for any reason, drug and alcohol post-accident test results administered by local law enforcement officials may be used. The local law enforcement officials must have independent authority for the test and the employer must obtain the results in conformance with local law. 6. A covered employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying a supervisor of his or her location if he or she leaves the scene of the accident prior to submission to such test, may be deemed to have refused to submit to testing. 7. Nothing is this section shall be construed to require the delay of necessary medical attention for the injured following an accident, or a to prohibit a covered employee from leaving the scene of an accident for the period necessary to

3/19/2015 Page 3 obtain assistance in responding to the accident, or to obtain necessary emergency medical care.

7.0 Return to Duty and Follow-up

1. All covered employees who previously tested positive on a drug or alcohol test or refused a test must test negative for drugs, alcohol (below 0.02 for alcohol), or both, and be evaluated and released by the Substance Abuse Professional (SAP) before returning to work. For an initial positive drug test a return to duty drug test is required and an alcohol test is allowed. For an initial positive alcohol test a return to duty alcohol test is required and a drug test is allowed. Following the initial assessment, the SAP will recommend a course of rehabilitation unique to the individual. The SAP will recommend the return to duty test only when the employee has successfully completed the treatment requirement and is known to be drug and alcohol free and there are no undue concerns for public safety. Return to duty testing will be conducted in accordance with 49 CFR Part 40, as amended, including requiring an observed specimen collection. 2. All covered employees will be required to undergo frequent, unannounced drug and/or alcohol testing following return to duty. The follow up testing will be performed for a period of one year with a minimum of six tests to be performed. Follow up testing should be frequent enough to deter and/or detect a relapse. The SAP will determine if follow up testing should be performed beyond the first year, the frequency and duration reflecting the assessment of the covered employee’s unique situation and recovery progress. Follow-up testing is separate and in addition to random, post-accident, reasonable suspicion and return to duty testing. Follow-up testing will be conducted in accordance with procedures set forth in 49 CFR Part 40, as amended, including requiring an observed specimen collection.

8.0 Random Testing

1. All covered employees will be subjected to random, unannounced testing. The selection of employees shall be made by a scientifically valid method of randomly generating an employee identifier from the appropriate pool of safety-sensitive employees. 2. The dates for administering unannounced testing of randomly selected employees shall be spread reasonably throughout the calendar year, day of the week and hours of the day. 3. The number of employees randomly selected for drug/alcohol testing during the calendar year shall be not less than the percentage rates established by Federal regulations for those safety-sensitive employees subject to random testing by Federal regulations. 4. Random drug testing can be conducted at any time during a covered employee’s shift. Random alcohol testing can be performed just before, during, or just after the performance of a safety sensitive duty. However, under the authority of MOTA, a random alcohol test may be performed any time the covered employee

4 is on duty. Testing can occur during the beginning, middle, or end of the employee’s shift. Employees will immediately be taken to the collection site upon notification of their random selection. 5. Each covered employee shall be in a pool from which the random selection is made. Each covered employee in the pool shall have an equal chance of selection each time the selections are made. Employees will remain in the pool and are subject to selection, whether or not the employee has been previously tested. There is no discretion on the part of management in the selection.

9.0 Prohibited Behavior and Period of Coverage

1. All covered employees are prohibited from reporting for duty or remaining on duty any time there is a quantifiable presence of a prohibited drug in the body above the minimum thresholds. All covered employees are prohibited from consuming alcohol four (4) hours before a shift, while on duty or while on call. If a covered employee has consumed alcohol while on call, the covered employee must acknowledge the use of alcohol when called to report for duty. The covered employee will subsequently be relieved of all on-call responsibilities and may be subject to discipline. 2. No covered employee shall consume alcohol for eight (8) hours following involvement in an accident or until the covered employee undergoes a DOT/FTA post-accident test, whichever occurs first.

10.0 Period of Coverage

1. Drug testing can be conducted at any time during a covered employee’s shift. 2. Alcohol testing can be conducted at any time during a covered employee’s shift.

11.0 Testing Methods

1. All drug and alcohol testing will be performed in accordance with 49 CFR Part 40, as amended. A copy of this regulation will be made available upon request. The testing methods are designed to protect the employee and the integrity of the drug and alcohol testing process, as well as to safeguard the validity of the test results and ensure test results are correctly attributed to the covered employee.

12.0 Test Requirement

1. All covered employees are required to submit to drug and alcohol tests as a condition of employment. All covered employees are required to have a negative drug test prior to performing a safety-sensitive function.

3/19/2015 Page 5 13.0 Test Refusal

A drug and/or alcohol test refusal is defined by any of the following:

1. Failure to provide breath or urine sample. 2. Consuming alcohol within eight (8) hours following involvement in an accident without first having submitted to post-accident drug/alcohol testing. 3. Insufficient volume without valid medical explanation. 4. Tampering with, adulterating, or substituting a specimen. 5. Failing to appear within a reasonable time. 6. Leaving the scene of an accident without just cause prior to submitting to a test. 7. Leaving collection facility prior to test completion. 8. Failing to permit an observed or monitored collection when required. 9. Failing to take a second test when required. 10. Failing to undergo a medical examination when required. 11. Failing to cooperate with any part of the testing process. 12. Failing to sign Step 2 of the alcohol test form. 13. Verification by the Medical Review Officer of an adulterated and/or a substituted sample. 14. Once test is underway, failing to remain at site and provide a specimen. 15. Failure to appear. For pre-employment testing, this does not constitute a refusal to test. 16. Failure to remain at site prior to commencement of test. For pre-employment testing, this does not constitute a refusal to test. 17. Aborting the collection before the test commences. For pre-employment testing, this does not constitute a refusal to test.

Refusal to take a non-DOT/FTA test or to sign a non-DOT/FTA form is not a refusal to take a DOT/FTA test.

14.0 Consequences

1. Positive drug and/or alcohol (above 0.04) test result or test refusal will result in removal from duty, and may result in discharge employment. 2. Breath alcohol test result of 0.02 to 0.039 will result in removal from duty for eight hours or until the breath alcohol test result is 0.02 or less. 3. Dilute negative test results will be required to be retested. 4. An applicant or employee with a dilute negative test result, having a Creatinine level greater than 5 mg/dl, but less than 20 mg/dl will be directed to take another test immediately, under the direct observation in accordance with the directions of the Medical Review Officer, as authorized under 49 CFR Part 40. No third collection is authorized if the second collection is dilute; it becomes the test of record. 5. Reassignment of duty and/or removal from duty may require medical leave of absence immediately if the conditions warrant. Termination will take place if the problem is not corrected within one (1) year.

6 6. The employer shall pay for the initial examination and or testing. Any treatment cost shall be the responsibility of the covered employee. The covered employee may, at the covered employee’s cost, obtain a second opinion. This must be done in a timely manner. The covered employee shall make the results of such test available to the employer. Failure to divulge the second test results shall exclude them from any and all considerations in any action. In the event of a dispute between the employer’s and the covered employee’s doctors, a third doctor shall be selected. The third doctor’s opinion shall be final and binding on both the employer and the covered employee. The cost for the third doctor’s opinion shall be split 50/50 between the employer and the covered employee, or failing that, as recommended by the first two doctors. 7. Any covered employee that has a verified positive drug or alcohol test or a refusal to test (including by adulterating or substituting a urine specimen) or any other violation of the prohibition on the use of alcohol or drugs under a FTA agency regulation will be removed from performing safety-sensitive functions, informed of educational and rehabilitation programs available, and referred to a SAP for assessment. No employee will be allowed to return to duty requiring the performance of safety-sensitive job functions without the approval of the SAP and the employer.

15.0 Prescription Drugs / Over-the-Counter Medication

1. While the appropriate use of legally prescribed drugs and non-prescription medications is not prohibited, the misuse or abuse of legal drugs while performing safety-sensitive functions is prohibited. 2. Additionally, all safety-sensitive employees must report to their supervisor when they are prescribed controlled substance medications or recommended to use over-the-counter medications that have warnings on the label indicating adverse effects such as dizziness, drowsiness, drop in blood pressure, etc. or that state an individual should not operate machinery or a vehicle when taking the medications. The employee is not required to disclose the specific medications being taken or prescribed, however the employee must obtain a Patient Authorization for the Disclosure of Protected Health Information Form from their supervisor and have it completed by the employee’s primary care or prescribing physician. The employee cannot perform safety sensitive duties until the Patient Authorization for the Disclosure of Protected Health Information Form is completed and returned to the supervisor. Failure to disclose the use of prescribed or over the counter medications that could adversely affect the safety of the employee, co-workers, passengers or members of the public is a violation of this policy and subject to disciplinary action.

3/19/2015 Page 7 16.0 Additional Employer Provisions Allowed

1. Union contract. 2. Consistent with the Drug Free Workplace Act of 1988, all employees are required to notify MOTA management of any criminal drug statute conviction. Failure to comply with this provision may result in disciplinary action.

17.0 Policy Adoption and Notification Compliance

1. This policy was adopted with an effective date of December 15, 2008, and the policy was subsequently distributed to all employees. This policy was updated on April 18, 2011 and March 19, 2015. The updated policy was subsequently distributed to all employees. Any future revisions of a substantive nature will need to be approved by the MOTA Board of Directors.

8 18.0 Contacts

Medical Review Officer

Dr. Natalie Hartenbaum Medical Review Officer FirstLab 100 Highpoint Drive, Suite 102 Chalfont PA 18914 (215) 396-5500

Substance Abuse Professional

Mary Ann Knuckles Random Program Manager 6407 Idlewild Road, Suite 200, Charlotte NC 28212 (800) 272-3350

HHS Certified Laboratory Primary Specimen

Trish Beck Director – Strategic Initiatives Laboratory Corporation of America 1904 Alexander Drive Research Triangle Park NC 27709 (800) 833-3984

HHS Certified Laboratory Split Specimen

Stuart Bogema Lab Director Advanced Toxicology Network 3560 Air Center Cove, Suite 101 Memphis TN 38118 (888) 290-1150

19.0 Covered Safety Sensitive Job Classifications

2. Executive Director. 3. Operations Supervisor. 4. Mechanic. 5. Mechanic Technician. 6. Dispatcher. 7. Vehicle Operators. 8. Any independent contractors that perform safety-sensitive functions.

3/19/2015 Page 9 Patient Authorization for the Disclosure of Protected Health Information

This form is designed to comply with Title 42, Part 2 CFR and HIPAA rules regarding confidentiality of medical records and patient communications with health care professionals. PLEASE PRINT OR TYPE Patient’s Name (Last, First, M.I.) Date of Birth Social Security No.

Address: City: State: Zip

By signing this form, I authorize the attending physician and/or the medical facility named below to disclose the following requested protected health information about me to the Mecosta Osceola Transit Authority (MOTA).

The following information is requested by the management of MOTA to help determine whether, or under what conditions, the listed patient and employee of the Mecosta Osceola Transit Authority will be able to carry out their safety sensitive job functions at MOTA.

I hereby authorize the disclosure of the following information from my medical records to to the Mecosta Osceola Transit Authority:

1. 1. Type of Medication/Treatment Currently Prescribed:______

2. 2. Medication/Treatment Side Effects, If Any:______

3. 3. Are Employee Work Restrictions Required? Yes □ No □ If Yes, For What Period of Time:______

4. 4. Attending Physician’s Name:______MD □ OD □

I may revoke this authorization at any time by sending such notification in writing to the attending physician and/or the medical facility named above. My revocation will not apply to protected health information already disclosed in response to this authorization. A photocopy of this document shall be considered as valid and effective as the original. Unless revoked, this authorization will expire sixty (60) days from the date of signature.

I understand that I have the right to inspect or copy the protected health information to be disclosed as permitted under federal and state law, and/or to refuse to sign this authorization.

Signature of Patient: ______Date: ______

Patient must be provided with a signed copy of this authorization form.