3.58.045 Reasonable suspicion testing.
An employee is required to submit to an alcohol and/or drug test when a trained supervisor has reasonable suspicion to believe that the employee is under the influence of alcohol or drugs. The determination that reasonable suspicion exists to require an employee to undergo testing must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. For drug testing, the observations may include indications of the effects of chronic use or withdrawal from use of drugs. The supervisor shall document his or her observations.
(1) Any trained supervisor or manager who, as a result of the application of this policy, believes that an employee may be under the influence of a drug or alcohol, shall order the employee to take an alcohol and/or drug screen test. Any interview of the employee under these circumstances will be done in private to avoid potential embarrassment. Supervisors or managers whose duties include ordering "reasonable suspicion" drug tests shall receive at least one hour of training on the effects of alcohol abuse and one hour of training on the effects of drug misuse. If a supervisor or manager believes that an employee may be under the influence of a drug or alcohol but the supervisor or manager has not previously received the necessary training, then that supervisor or manager shall seek the concurrence of a trained supervisor or manager prior to ordering the testing of an employee.
Under no circumstances may any supervisor, manager, or employee attempt to restrain, either through physical force or verbal order, an employee who chooses to leave the workplace rather than comply with an order to take a drug or alcohol test.
(2) An employee is prohibited from refusing to submit to drug or alcohol testing when so ordered by a supervisor or manager. An employee who refuses to take an alcohol or drug test will be considered to have received a positive test. An employee is prohibited from contaminating, tampering with or altering in any way a drug or alcohol test specimen.
(3) A supervisor or manager who orders a drug and/or alcohol test shall arrange for transportation and accompany the involved employee to the authorized testing site.
(4) The supervisor or manager of an employee ordered to submit to a drug or alcohol test shall, following administration of the test, transport the employee to his/her home, or arrange transportation, pending results of a drug test or when an alcohol test is positive. The supervisor or manager shall place the employee on administrative leave pending the results of the drug test. The supervisor or manager shall place an employee who tests positive in an alcohol or drug test on sick leave (or vacation or leave without pay, if the employee has no sick leave accrued) until the employee is able to return to work pursuant to SCC 3.58.055 or subsection (5) of this section.
(5) An employee who is tested and whose breath-alcohol concentration (BAC) is greater than .02 but less than .04 may not return to work following the test. After 24 hours have elapsed, he/she may return to work without further testing.
(6) Results of all drug and alcohol tests shall be handled in a confidential manner with results being reported only to the employee, the appropriate manager and supervisor, and the human resources director or his/her designee.
(7) All positive drug tests shall be reviewed by a physician who is qualified to act as a medical review officer (MRO) under 49 C.F.R. § 40.121(as amended Aug. 9, 2001). (Added by Ord. 06-071, Oct. 25, 2006, Eff date Nov. 9, 2006).