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Covered Employees Drug and Alcohol Testing Program Policy Guide

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Covered Employees Drug and Alcohol Testing Program Policy Guide LOS ANGELES UNIFIED SCHOOL DISTRICT Covered Employees Drug and Alcohol Testing Program Policy Guide Los Angeles Unified School District Austin Beutner SUPERINTENDENT OF SCHOOLS DRUG AND ALCOHOL TESTING PROGRAM POLICY STATEMENT The Los Angeles Unified School District (District) recognizes that substance abuse in our nation and our community exacts staggering costs in both human and economic terms. Substance abuse can be reasonably expected to produce impaired job performance, lost productivity, absenteeism, accidents, wasted materials, lowered morale, rising health care costs, and diminished interpersonal relationship skills. Employees who report to duty with drugs or alcohol on their persons or in their bodies not only endanger themselves, but also their fellow employees, students and the general public. To protect the health and safety of our students, employees, and the public from illegal drug use and alcohol misuse or injuries resulting from their abuse, it is the District’s policy to provide for a drug- and alcohol-free school and work environment. In addition, the Omnibus Transportation Employee Testing Act of 1991 requires the District to adopt a strict drug- and alcohol-testing program for employees who are required to have a commercial driver’s license and perform certain safety-sensitive functions. The program includes providing information to covered employees to assist them in understanding their role and responsibilities for achieving a drug- and alcohol-free work environment. With that in mind, the District has adopted a drug, alcohol, tobacco-free policy to convey our commitment to the safety of our students, the public and our fellow employees. Consequently, any covered employees in safety-sensitive positions who engage in prohibited conduct as outlined in this document have violated the Drug and Alcohol Testing Program regulations, will be placed on immediate suspension and dismissed from District service. I want to remind you all that our primary duty is the education of children. We must set the example and model appropriate behavior at all times. I expect everyone who works for this District to continuously maintain the highest standards of personal and professional conduct. Austin Beutner, Superintendent TABLE OF CONTENTS INTRODUCTION 1 What is the purpose of this document? What regulations does drug and alcohol testing fall under? What is a safety-sensitive function? Which employees are required to participate in the District’s Drug and Alcohol Testing Program? What are covered employees' responsibilities? What are the physical signs of substance abuse? What are the mental effects of drug and alcohol abuse? What are the subsequent effects of drug and alcohol abuse in the workplace? REQUIRED TESTS 5 What drugs does the District test for? When will I be tested? How does pre-employment testing work? How does random testing work? How does post-accident testing work? How does reasonable suspicion testing work? DRUG TESTING 8 What drug-related conduct is prohibited? How does the drug testing collection process work? Who evaluates and verifies the laboratory results? What happens if an employee does not provide a sufficient amount of urine, also known as “shy bladder”? What constitutes a refusal to take a drug test? Who will be notified of drug test results? What happens when a test result is reported as dilute? What steps are taken to protect employees and maintain the integrity of the drug testing process? How can I obtain my drug testing records? ALCOHOL TESTING 12 What alcohol-related conduct is prohibited? How does the alcohol testing process work? What happens if I do not provide a sufficient amount of breath, “also known as “shy lung”? What constitutes refusal to take an alcohol test? What steps are taken to protect employees and the integrity of the alcohol testing process? Who will be notified of an employee's alcohol testing result? How can I obtain my alcohol testing records? CONSEQUENCES OF VIOLATIONS 15 What are the consequences of engaging in prohibited conduct? CONTACTS 18 Contact information concerning drug & alcohol testing program. APPENDIX A - BUL-6488.1 - Drug, Alcohol and Tobacco-Free Workplace 19 APPENDIX B -- Certificate of Receipt 24 APPENDIX C – Alcohol Fact Sheet 25 APPENDIX D – Amphetamine Fact Sheet 29 APPENDIX E – Cocaine Fact Sheet 32 APPENDIX F – Cannabinoids (Marijuana) Fact Sheet 35 APPENDIX G – Opiates (Narcotics) Fact Sheet 39 APPENDIX H – Phencyclidine (PCP) Fact Sheet 42 GLOSSARY 45 Federal regulations establish minimum requirements for employer drug and alcohol testing programs, but leave personnel or disciplinary issues for employees who violate the regulations up to each individual agency. The Los Angeles Unified School District (District) has established policies that address personnel and disciplinary actions, and they are included in this document. In addition, the District has adopted a drug- and alcohol-free workplace for all employees. For further information, see BUL-6648.1, dated September 19, 2016 titled Drug, Alcohol and Tobacco-Free Workplace , from the Office of the Educational Services and School Operations (Appendix A). INTRODUCTION What is the purpose of this document? To maintain a drug- and alcohol-free workplace, it is important that District employees know what is required of them. This document serves as a guide to employees on the specific Department of Transportation (DOT) drug and alcohol testing regulations and the resulting District policies. A companion guide is available for supervisors and staff who administer the District’s Drug and Alcohol Testing Program that explains the drug and alcohol regulations and the District's drug and alcohol testing policies and procedures established to meet those regulations. What regulations does drug and alcohol testing fall under? The Omnibus Transportation Employee Testing Act of 1991, Public Law (P. L.) 102-143, Title V, mandates drug and alcohol testing. Covered employees (defined later) are subject to drug and alcohol testing regulations under DOT 49 Code of Federal Regulations (CFR) part 40 and Federal Motor Carrier Safety Administration (FMCSA) 49 CFR part 382. What is a safety-sensitive function? A safety-sensitive function is defined as all time from the time a covered employee begins to work or is required to be in readiness to work until the time that employee is relieved from work and all responsibility for performing work. Safety-sensitive functions include those on- duty functions listed below: all time waiting to be dispatched at a carrier or shipper plant, terminal, facility, or other property all time inspecting, servicing, or conditioning equipment or commercial motor vehicles all time spent at the driving controls of a commercial motor vehicle all time, other than driving time, spent on or in a commercial motor vehicle (except for time spent resting in the sleeper berth) all time loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle or in giving or receiving receipts for shipments loaded or unloaded all time repairing, obtaining assistance or remaining in attendance upon a disabled commercial motor vehicle Covered Employee Drug and Alcohol Testing Program Policy Guide October 2018 1 Which employees are required to participate in the District’s Drug and Alcohol Testing Program? The District has determined that the following job classifications are required to participate in the Drug and Alcohol Testing Program: Area Bus Supervisor Assistant Area Bus Supervisor Driver Trainer (Bus-Truck) Heavy Bus Driver Light Bus Driver Transportation Routing Assistant Driver Trainer (Truck) Class “A” Commercial Truck Driver Class “B” Commercial Truck driver Logistics Supervisor Assistant Logistics Supervisor Automotive Mechanic (Auto, Bus-Truck) Garage Assistant Garage Attendant Senior Tractor and Roller Operator Tractor and Roller Operator Skip Loader Operator Insulator/Asbestos Abatement Worker * Asbestos Abatement Assistant* The District has voluntarily included the following job classification in the Drug and Alcohol Testing Program and employees in this job classification are considered covered employees subject to all rules and regulations of the District’s drug and alcohol testing program: Hand Grader* Senior Hand Grader* Light Truck Driver *These classifications are subject to random tests only if the employee’s assignment includes functions that are safety-sensitive as defined under "What is a safety-sensitive function?" on page 1. This list may not include all applicable classifications. If an employee operates a commercial motor vehicle requiring a commercial driver’s license or performs safety-sensitive functions, they are considered a covered employee. The task the employee actually performs qualifies them as a safety-sensitive employee, not their job title. Covered employees include: Applicants seeking any position listed above Full time, regular employees in any position listed above Casual, intermittent, apprenticeship, occasional or substitute employees in any position listed above Participation in the District’s Drug and Alcohol Testing Program is a requirement of each employee performing safety-sensitive duties and is therefore a condition of employment. Covered Employee Drug and Alcohol Testing Program Policy Guide October 2018 2 What are covered employees' responsibilities? If you are a covered employee, you must: report
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