Dot Alcohol and Drug Testing Policy and Procedures

8/8/2019 Dot Alcohol and Drug Testing Policy and Procedures

1/5

Page 1 of 5

Document in Linn County Policies

PolicyThe Linn County Board of Supervisors established alcohol and drug testing policies andprocedures to comply with the Department of Transportation (DOT) requirements.

Scope

All employees (and applicants for employment) that perform duties covered by DOTregulations are covered by these policies and procedures IN ADDITION TO any and allother County policies and procedures related to alcohol and drug use. Employeesperforming safety sensitive functions which requires having a valid Commercial DriversLicense (CDL) are covered by these regulations.

Employees are covered by these policies and procedures at any time when there is apossibility that they may be required to perform any duties for Linn County which arecovered by DOT regulations. This means all provisions of this policy apply, includingthose requiring no use of alcohol in any form within 4 hours of performing any suchduties, depending upon the applicable DOT prohibition based upon the employeesduties.

Exceptions

None

Purpose

Linn County will test employees for alcohol and drug use using DOT Procedures in thesituations and circumstances described below in THE INFORMATION ON ALCOHOLAND DRUG MISUSE or as otherwise described in this policy. Under the DOT Rules, anapplicant or employee is required to submit to the following Drug and Alcohol Testingsituations:

Distribution:

Elected Officials, Dept. Heads, County

Employee Handbook, Intranet

BOARD OF SUPERVISORSCounty of Linn, Iowa

Revision No:

1

Reference:

BOS Minutes: 07/23/1998

Initially Adopted: 07/23/1998

Directive Number:

Approval Date:

09/25/2002

Effective Date:

09/25/2002

Policy Section & Number:

PM-005

SUBJECT: Linn County DOT Alcohol and DrugTesting Policy and Procedures


2/5

Page 2 of 5


Pre-employment (Post Job Offer) Post accident

Reasonable suspicion

Random Return-to-duty and follow-up

DOT Alcohol and Drug Testing Procedures

All DOT alcohol and drug testing performed on employees will be in accordance withrequired DOT procedures. These include the use of special testing forms, trainedpersonnel, and special processes and handling to insure the integrity and accuracy ofthe testing process. Information related to testing will be treated as confidential exceptas required to comply with DOT requirements, ensure the safety of personnel and thepublic, or as otherwise legally required.

DOT drug testing includes taking urine samples which are sent to federally certifiedtesting laboratories to test for the presence of amphetamines, cannabinolds (marijuana),cocaine, opiates (codeine and morphine), and phecyclidine (PCP). Positive test resultswill be reviewed by a qualified physician - a Medical Review Officer (MRO) - todetermine if the employee has a legitimate medical explanation for a positive test result.

DOT alcohol testing includes the taking of breath samples (and, if authorized by futureregulation, blood samples), to test for alcohol concentration. Breath testing equipmentused is approved by the National Highway Traffic Safety Administration (NHTSA). Aninitial breath test will be performed; if any alcohol is detected with a concentration of0.02 or greater, a second test is performed. Employees with an alcohol concentration of0.02 or greater are advised not to perform safety-sensitive duties or operate a vehicle orheavy equipment. Employees should arrange alternate transportation home from a

testing site when alcohol is detected in a concentration of 0.02 or greater.

No employee may perform DOT covered safety-sensitive functions if the employee hasengaged in conduct prohibited by DOT alcohol/drug rules.

NOTE: An exception may be made for the completion or performance of tasks orduties required by an emergency in which the employee is the only personavailable or authorized to take an action necessary for public safety. Theemployee may perform the required action only and then must ceasesafety-sensitive duties immediately.

Employees will undergo alcohol testing as described in this policy. When alcohol tests

are performed, if a confirmed alcohol test result indicates an alcohol concentration of0.02 or greater, in addition to the consequences described in this policy and any otherconsequences described in other County policies, personnel at the testing site WILL,

1) suggest and/or arrange for alternate transportation for the employee2) contact law enforcement officials if the employee refuses such alternate

transportation


3/5

Page 3 of 5


The service provider will contact a representative to report test results. Certain positivedrug test results or other violations of this policy will result in the consequences requiredby DOT, but also may result in disciplinary action, up to and including discharge, underthe County authority as described in other County policies and procedures.

The Information on Alcohol and Drug Misusea. use or under the influence of alcohol, or have the general appearance or conduct

or by other substantiating evidence appear to have used alcohol within 4 hoursbefore going on duty or operating, having physical control of, or being on duty tooperate, a commercial motor vehicle or performing other DOT-covered safetysensitive duties.

b. reporting for duty or remaining on duty requiring performance of safety-sensitivefunctions with a breath alcohol concentration (BAC) of 0.02 or greater or report forduty within 24 hours after test result of 0.02 or greater. Employees may need toabstain from drinking alcohol for a longer period than 4 hours prior to duty in order

to be below 0.02 BAC.

c. using any controlled substance, unless specifically authorized by a physician.Employee may use only if the physician tells the employee that use of thecontrolled substance will not affect the performance of safety sensitive functions.

d. refusing to submit to a DOT or law enforcement post-accident alcohol or drug test,a DOT random, reasonable suspicion, return to work or a follow-up alcohol or drugtest. Refusal includes:

refusing to be present at the testing location immediately on request by Linn

County. refusal to comply with any testing procedures - including, but not limited to,

refusal to provide specimens (breath or urine) unless medically incapable,

refusal to provide identification or sign forms,

refusal to provide necessary information,

and refusal to submit to medical or other examinations as considerednecessary by Linn County or the Countys authorized agents.

Refusal also consists of attempts to falsify or interfere with the testing process,including failure to comply with instructions or attempting to substitute or otherwisechange specimens to be tested.

e. use or possess alcohol (including medications, foods, mouthwashes, sprays or anyother substances which contain alcohol), even with a doctors prescription, for 4hours before duty, while on duty, or 8 hours after an accident (unless alcoholtesting has been performed after the accident).


4/5

Page 4 of 5


f. perform safety-sensitive duties if aware of any medical condition or alcohol or druguse that may adversely affect the individuals ability to perform such duties.

Employees MUSTa. inform the County of alcohol or drug use that may affect safety of employees or the

public.

b. submit to and pass a DOT alcohol and drug test prior to performing safety-sensitive job duties and after a violation of any DOT alcohol or drug rule.

c. submit to evaluation and follow any recommended treatment plan by a substanceabuse professional, who follows DOT regulations, prior to performing safety-sensitive job duties after a violation on any DOT alcohol or drug rule. Payment forsuch evaluation or treatment is not covered by the County except by anyapplicable and available health insurance. Employees must submit to random

follow-up DOT alcohol and/or drug testing for a minimum of 6 tests (alcohol, drugs,or both) within one year after a violation of any DOT alcohol or drug rule. Suchunannounced testing is in addition to any other applicable random alcohol or drugtesting. Follow-up testing may be extended, upon recommendation of thesubstance abuse professional, up to 5 years following return to duty. Employeesmust authorize the release of any and all information related to evaluation,treatment, rehabilitation, testing, counseling, and/or group participation for alcoholor drug use by signing a consent form for such release.

d. contact the Linn County alcohol and drug testing program administrator, or otherauthorized County representative, immediately following any on the job vehicle

accident (DOT accident) to make sure that required alcohol and drug testingprocedures are followed. Whether or not the employee is able to contact a Countyrepresentative, the employee must make sure that he/she is tested with a DOT orlaw enforcement post-accident alcohol or drug test as soon as possible. Thealcohol test must always occur within 8 hours of the accident and drug test within32 hours of the accident. The test is required after an accident in which 1) afatality occurs or 2) when the driver receives a citation for a moving violationinvolving the accident and either a person is transported from the accident sceneto receive immediate medical treatment; or at least one vehicle requires towingfrom the scene of the accident; or in which the employees possible contribution tothe accident cannot be ruled out and in which a DOT regulation requires testing.

All applicants for employment to positions that require a commercial drivers license(CDL), or current employees of the County that apply for such jobs must sign theCONSENT AND RELEASE OF ALCOHOL AND DRUG USE AND TESTINGINFORMATION form for each and every employer that the person has worked for in theprevious three years. The County is required to investigate the drivers records bycontacting all of their employers within the three previous years.


5/5

Page 5 of 5


Employees are reminded of the possible consequences of alcohol and drug use. Bothalcohol and drugs have proven to affect performance adversely, even in lowconcentrations. When performing job duties or participating in any other activity inwhich the performance of the person may affect the safety or health of that person orothers, NO AMOUNT OF ALCOHOL OR DRUG USE IS SAFE.

If an employee has a problem with alcohol or drug use, counselors and otherprofessionals are available in the community to assist the employee with resolving suchproblems. Employees should contact their personal physicians or community publichealth agencies for assistance or may seek assistance as covered by the Linn Countyhealth insurance plans. Employees may, prior to or while performing any safety-sensitive job duties (which are job duties in which the performance of the employee mayaffect the safety or health of others), decline to perform or continue to perform safety-sensitive functions without penalty when the employee believes he or she may be inviolation of these rules or believes for any reason that performance of such duties mayconstitute a risk to the employee or others. In such cases of self-identification, theemployee will be required to be seen by his or her personal physician (Linn Countydoes not pay for such evaluation) to determine if further action is indicated and may notreturn to safety-sensitive duties until clearance has been obtained for such return from aqualified physician. Linn County reserves the right to require the employee to submit toa clinical examination by a physician of the Countys choosing, including such testingdeemed appropriate by the examining physician, prior to return to safety-sensitiveduties. SUCH SELF-IDENTIFICATION CANNOT BE USED BY AN EMPLOYEEAFTER THE EMPLOYEE HAS BEEN INFORMED OF THE EMPLOYEES SELECTIONFOR ALCOHOL OR DRUG TESTING REQUIRED BY THIS POLICY OR OF OTHERPOLICY VIOLATION.

The Risk Manager and the Employment Relations Director are the Countys DOTALCOHOL AND DRUG TESTING PROGRAM ADMINISTRATORS responsible for theCountys DOT ALCOHOL AND DRUG TESTING POLICY AND PROGRAM and areauthorized to answer questions with respect to the program.

Linn County is responsible for giving DOT required training to the supervisors before theDOT Alcohol and Drug Testing Program goes into effect on January 1, 1995. Thetraining for supervisors will consist of at least 60 minutes on alcohol misuse and 60minutes on controlled substance use. The training will cover the physical, behavioral,speech and performance indicators of probable alcohol misuse and use of controlledsubstances.

Linn County will instruct the employees with CDLs on all information as required by theDepartment of Transportation as set forth in the Federal Register Vol. 59, No. 31Subpart F, 382.601. Written material will be given to each employee who will sign offthat they have received and understand the information.

Documents

Dot Alcohol and Drug Testing Policy and Procedures