TC Res. No. 2000-35RESOLUTION NO. 35
SERIES OF 2000
A RESOLUTION APPROVING AND ADOPTING AN UPDATED VERSION OF THE
TOWN OF AVON EMPLOYEE DRUG AND ALCOHOL POLICY
WHEREAS the Town Council wishes to approve and adopt the attached updated version of
the employee drug and alcohol policy,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Town Council hereby approves and adopts as the policy of the
Town the attached Town of Avon Drug and Alcohol Policy.
ADOPTED this R day of njguQt , 2000.
TOWN OF AVON, COLORADO
J Yoder r
Town of Avon
Drug and
Alcohol
Policy
C 0 L 0 R A D 0
Town of Avon
Drug and Alcohol Policy
1.0 General Policy Statement
The Town of Avon is dedicated to providing safe, dependable and economical
community services. Town of Avon employees are our most valuable resource and
it is our goal to provide a healthy, satisfying work environment that promotes
personal, opportunities for growth. In meeting these goals, it is our policy to (1)
assure that employees are not impaired in their ability to perform assigned duties in
a safe, productive and healthy manner; (2) create a workplace environment free
from the adverse effects of drug and alcohol substance abuse or misuse; (3)
prohibit the unlawful manufacture, distribution, dispensing, possession or, use of
controlled substances; and (4) to encourage employees to seek professional
assistance anytime personal problems, including alcohol or drug dependency, .
adversely affect their ability to perform their assigned duties.
A successful drug and alcohol program must address the safety implications of drug
and alcohol abuse, and must also institute proper procedures and controls
guaranteeing accurate drug and alcohol testing results, while preserving
confidentiality and focusing on rehabilitation through an effective employee
assistance program.
It is the responsibility of all employees to report to work free of alcohol and -
controlled substances. At the same time, every effort must be made to protect and
respect employees' rights and privacy.
Drug and alcohol abuse can have profound effects on the health, work, and
personal life not only of the abuser, but also the abuser's family, friends, and the.
public at large. Employees should be aware of the signs and symptoms of drug and
alcohol problems, and of available methods of intervening when a substance abuse
problem is suspected. Appendix A to this policy contains 'additional discussion of
these matters.
The Avon Town Council, Town Manager, and Transit Manager originally adopted
this policy on October 1, 1994, and subsequent modifications were adopted on
Many elements of this policy are required by federal
regulations covering persons in safety-sensitive positions. Other elements of this
policy are not'required by federal regulations, but are official Town of Avon policy.
Appendix B to this policy explains which elements of this policy are federally
required.
This policy supersedes all other Town of Avon drug, alcohol,. or substance abuse .
policies. To the extent that any elements of this policy."may conflict with federal or
state regulations as they may be amended or revised in the future, the regulations
shall control. Employees are expected to review, be familiar with, and obey this.
policy and all laws concerning drug, and alcohol use and testing. All safety-sensitive
Town of Avon employees must receive at least 60 minutes of training on the effects
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and consequences of prohibited drug use on personal health, safety, and the work
environment, and the signs and symptoms, which may indicate prohibited drug use.
Compliance with this policy, including participation in the Town of Avon's drug and
alcohol testing program, is a required condition of employment.
2.0 Applicability
2.1 Categories of Employees
This policy applies to. all safety-sensitive and non-safety-sensitive Town of
Avon employees, volunteers, and contractors. This policy applies to all
employees while on Town of Avon property or when performing Town of
Avon business. This policy also applies to off-site lunch periods or breaks
when an employee is scheduled to return to work. Visitors, vendors and
contract employees are governed by this policy while on Town of Avon
premises and .will not be permitted to conduct town business if found to be
violation of this policy.
In addition to being subject to all other elements of this policy, employees
who perform safety-sensitive functions for the Town of Avon, as that term is
defined in federal regulations (49 CFR Parts 40, 653 and 654 as amended),
are subject to random drug and alcohol testing and other special
requirements set forth in this policy. Generally, a safety-sensitive function
occurs when an employee is performing or immediately available to perform
any duty related to the safe operation of mass transit services. The following
are safety-sensitive functions:
1. Operation of a revenue service vehicle, whether or not such vehicle is
in revenue service.
2. Controlling dispatch or movement of a revenue service. vehicle.
3. Maintaining revenue service vehicles or equipment used in -revenue
service.
4. Operating a non-revenue service vehicle when required to be
operated by a holder of a commercial driver's license.
5. Carrying a firearm for security purposes.
6. Supervising, where the supervisor performs any function listed in
items 1-5 above.
The Town of Avon has reviewed the actual duties performed by employees in
all job classifications to determine which positions or functions of positions
are safety-sensitive. An analysis will be performed if any new job
classifications are developed to determine if the new job classification should
be considered safety-sensitive. A list of safety-sensitive positions is attached
as Appendix C to this policy. This list may not be all-inclusive; any employee
unsure if their position is safety-sensitive should check with their supervisor.
Volunteers are excluded form this policy unless they hold a CDL and are
performing safety-sensitive job functions.
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2.2 Categories of Prohibited Substances
This policy applies to controlled substances (section 2.2.1); legal drugs or'
medications which may impair mental functioning, motor skills or judgement
(section 2:2.2); and alcohol (section 2.2.3). For ease of reference, these
substances are collectively referred to in this policy as prohibited
substances" unless otherwise noted.
2.2.1 Controlled Substances
Controlled substances are any drug or other substance identified
in Schedules I through V of the Federal Controlled Substance Act
(21 USC section 801 et seq.), federal regulations at CFR sections
1300.11 through 1300.15, and the Colorado Controlled Substance
Act (CRS section 12-22-301), all as amended. Controlled
substances include, but are not necessarily limited to:. marijuana,
cocaine, opiates, amphetamines, and PCP (phenylcyclidine), as
well as any drug not approved for medical use by the U.S. Drug
Enforcement Administration of the U.S. Food and Drug
Administration.
2.2.2 Legal Drugs or Medications
The appropriate use of legally prescribed or non-prescription
drugs or medications is not prohibited. A legally prescribed drug
or medication is one for which the employee has a prescription or
other written authorization from a licensed health care provider
permitted by law to prescribe or dispense drugs or medications.
The authorization must include the employee's name, the
name of the substance, the amount to be taken, and the
period of authorization. The use of any substance that
carries a warning label that indicates that mental functioning,
motor skills, or judgement may be adversely affected should
be reported to supervisory personnel and medical advice
should be sought, as appropriate, before performing work
related duties.
2.2.3 Alcohol
Alcohol is a colorless, volatile liquid that is the intoxicating agent in
fermented and distilled beverages. It also includes ethyl-alcohol
or other low molecular weight alcohols including methyl or
isopropyl alcohol. Alcohol can be found in certain medications as
well as in alcoholic beverages.
2.3 Hours of Compliance
Employees are subject to this policy while on Town of Avon duty, while
'on property of TOA to perform TOA duty, while driving TOA vehicles,
and on lunch or other breaks if the employee is scheduled to return to
work when the break ends. Employees are subject to this policy on
regularly scheduled days, and when volunteering for or assigned to
extra work on days off, holidays, etc. Safety-sensitive employees are also
subject to this policy at additional times set forth in section 3.4 of this policy.
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3.0 Prohibited Conduct; Discipline
Discipline under this policy is independent of discipline for violation of any
other performance code or work rules. For example, an employee who causes
an accident and tests positive for alcohol use may receive separate,
consecutive penalties for both the accident and the positive test.
In addition to,.any disciplinary action taken under this policy, law enforcement
authorities may be notified where criminal activity is suspected in connection with
any of the following prohibited conduct.
3.1 Possession/Use of Prohibited Substances at TOA
Any employee found to manufacture, distribute, dispense, sell, possess, or
use prohibited substances while on Town of Avon duty, while on the property
of TOA to, perform TOA duty, while driving TOA vehicles, and on lunch or
other breaks if the employee is scheduled to return to work when the break
ends, may be subject to discipline up to and including termination. Law ,
enforcement shall be notified, as appropriate, where criminal activity is
suspected.
3.2 Intoxication/Under Influence
Any employee reasonably suspected of being intoxicated by, impaired by, or
under the influence of a prohibited substance, or of being not fit for duty.due
to use of a prohibited substance, while on TOA duty, while on the property of
TOA to perform TOA duty, while driving TOA vehicles, and on lunch or other
breaks if the employee is scheduled to return to work when the break ends,
may be immediately suspended from job duties pending an investigation and
verification of his or her condition. If found to be intoxicated by, impaired by,
or under the influence of a prohibited substance, or not fit for duty due to use
of a prohibited substance in any of the above situations, may be subject to
discipline up to and including termination.
3.3 Positive Drug or Alcohol Tests
Positive drug or alcohol tests may be subject to discipline up to and including
termination as set forth in this policy. In addition, sections 5.3 and 5.4 of this
policy specify an employee assessment and return-to-duty requirements
following a verified positive test (i.e., a positive confirmatory test for drug use
or alcohol concentration of 0.04 or greater).
Any time that an employee loses while removed from service pending
report of a confirmatory test (or for safety-sensitive employees, while
removed form service under section 5.1 of this policy) will be counted
towards disciplinary suspension time.
3:3.1 Alcohol Test of 0.02 but less than 0.04
Federal law requires TOA to remove a safety-sensitive employee from
service as provided in Section 5.1 of this policy if a confirmatory breath
alcohol test indicates an alcohol concentration of 0.02 or greater but less
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than 0.04. To deter such conduct, a safety-sensitive employee'with a
confirmatory breath alcohol test of 0.02 or greater but less than 0.04 may
receive the following discipline:
1. First violation within a 12-month period: Removal from service
with three day suspension; warning letter; and a
recommendation that the employee seek assistance from the
Employee Assistance Program (EAP).
For a first violation within a 12-month period when the employee
is already subject, to the return-to-duty requirements of section .
5.4 of this policy, discipline will be automatic termination due to
a violation of re-entry contract.
2.. Second violation within a 12-month period: Disciplined as' a
"verified positive" test as defined in section 4.1.2 of this policy
(i.e. as a positive,confirmatory test for alcohol concentration
of 0.04 or greater).
3.3.2 Verified Positive Test
Any employee with a "verified positive" drug or alcohol test, as that term. is
defined in section 4.1 of this policy (i.e. a positive confirmatory test for
drug use or alcohol concentration of 0.04 or greater); may receive the
following discipline:
1. First violation within a 12-month period: Indefinite unpaid
suspension until an employee assessment can be completed
by the SAP and return-to-duty requirements of section 5.3 and 5.4
of this policy are met.
For a first violation within a 12-month period when the employee
is already currently subject to the return-to=duty requirements
of section 5.4. of this policy, the' employee may be terminated.
2. Second violation within a 12-month period: The employee may
be terminated.
3.4 Additional Prohibitions for Safety-Sensitive Employees
Any, safety-sensitive employee who uses alcohol within eight hours prior to
duty, or during otherwise specified on-call hours, may be subject to discipline
up to and including. termination.
3.5 Noncompliance with Testing Requirements
Any employee who refuses to comply with a TOA request for drug or alcohol
testing ; provides false information in connection with a drug or alcohol test,
or attempts to falsify drug or alcohol test results through tampering,
contamination, adulteration, or substitution of a test sample, may be treated
as if the employee has received a "verged positive" drug or alcohol test
result; may be removed from service immediately, and may be subject to
discipline up to and including termination. In addition, noncompliance with.
testing requirements may constitute a verified positive drug•or alcohol test
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result for purposes of section 5.1 of this policy (removal of safety-sensitive
employees from service).
"Refusal to comply" includes verbal refusal, clearly obstructive behavior,
failure to immediately report, within 30 minutes of notification, to the
collection site, leaving the scene of an accident without valid reason prior to
testing, and inability to provide a specimen or breath sample without a valid
medical explanation.
3.6 Criminal Convictions
Any employee who is convicted of a crime involving off-site purchase, sale, or
distribution of a controlled substance, DUI, or DWAI, or who fails to
immediately notify his or her supervisor of any such,charges, may be subject
to.discipline up to and including termination.
3.7 Noncompliance with Treatment Requirements
Under certain circumstances, federal law requires TOA to impose and
monitor treatment of TOA employees for substance abuse, and to set
aftercare and return-to-duty requirements (see sections 5.3 and 5.4 of this
policy). Any employee who refuses or fails to comply with TOA requirements
for substance, abuse treatment, aftercare, or retum-to-duty may be subject to
discipline up to and including termination.
3.8 Improper Use of Policy
Supervisors, managers, and employees are required to use and apply all
aspects of this policy in an unbiased and impartial manner. Any'employee
who knowingly disregards the requirements of this policy, or who deliberately
misuses or misapplies this policy against any other employee, may be subject
to discipline up to and including termination.
4 Drug and Alcohol Testing
4.1 Test Procedures
Employees may be required to submit to urine drug testing and/or breath
alcohol testing under circumstances set forth in this policy. Testing shall be
conducted in a manner to protect the rights of the employee, assure the
integrity, of the drug testing process, safeguard the validity of the test results,
and ensure that the test results are attributed to the.correct employee. Tests'
will use techniques, equipment and laboratory facilities which have been
approved by the federal government. All testing will be conducted consistent
with federal requirements at 49 CFR Parts 40,.653, and 654 as amended. .
TOA will strictly adhere to all standards of confidentiality. Testing records
and results will be released only to those authorized by federal regulations to
receive such information. TOA will strive to protect employees' rights to
dignity,' privacy, and confidentiality throughout the testing process.
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4.1.1 Drug Testing Procedures
TOA will designate a medical review officer (MRO) to receive drug
test results and evaluate, interpret and verify the results in
conjunction with an employee's medical history, to determine
whether a positive drug test result was caused by the use of
controlled substances or by an employee's medical condition.
The MRO shall be a licensed physician (doctor of medicine or
osteopathy) with knowledge of drug abuse disorders. In carrying
out his or her responsibilities, the MRO shall examine alternate
medical explanations for any positive test result. This action may
include conducting a medical interview and review of the
individual's medical history, or review of any other relevant
biomedical factors. The MRO shall review all medical records
made available by the tested individual when a confirmed positive
test could have resulted from legally prescribed medication. The
MRO shall not, however, consider the results of urine samples
that are not obtained or processed in accordance with 49 CFR
Part 40.
Pursuant to federal regulations, drugs to be tested for are
marijuana, cocaine, opiates, amphetamines, and phencyclidine
(PCP). TOA reserves the right, not based in federal
regulations, to test for additional drugs including
barbiturates, benzodiazodiazephines (e.g. Valium, Librium,
Xanax), nonbarbiturate sedatives (e.g. Quaalude), and
nonamphetamine stimulants, by separate urine specimen if
there is reasonable suspicion of such drug use (see section
4.2.2 of this policy).
An initial drug screen will be conducted on each urine sample at a
laboratory certified by the U.S. Department of Health and Human
Services. For specimens that are not negative, a second,
confirmatory test will be performed using a gas
chromatography/mass spectrometry device. The second test will
be considered a "verified positive" test under this policy if the
amounts present in the confirming test are above the minimum
thresholds established by federal regulations at 49 CFR Part 40
and the MRO determines that the positive result was caused by
the use of controlled substances.
Before verifying that an employee has a positive test result, the
MRO is responsible for contacting any such employee, on a direct
and confidential basis, to determine whether the employee wishes
to discuss the test or present a legitimate explanation for the
positive result. An MRO staff person may make the contact; the
MRO's medically licensed or certified staff person may gather
information. If, after reasonable efforts, the MRO may contact
TOA's designated management official for assistance in
contacting the employee. TOA's designated management official
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will take maximum precautions to preserve the confidentiality of
the MRO contact.
If, after making all diligent and reasonable efforts, neither the
MRO nor TOA's designated management official are able to
contact the employee within fourteen (14) days of the date the
MRO received the confirmed positive test result from the
laboratory, the MRO may verify the test result as positive. The
MRO may reopen the verification of positive test if the employee
presents documentation of serious injury or illness or other
circumstances which unavoidably prevent the employee from
being contacted within the designated time period, and if the
employee then presents a legitimate (in the MRO's opinion)
explanation for the positive test, the MRO shall declare the test to
be negative.
For the initial drug screen, minimum positive thresholds are:
Marijuana metabolites
Cocaine metabolites
Opiate metabolites
*(25 ng/mL if in
Phencyclidine
Amphetamines
50 ng/mL
300 ng/mL
2000 ng/mL*
imunoassay specific for free morphine)
25 ng/mL
1000 ng/mL
For the confirmatory test, minimum positive thresholds are:
Marijuana metabolite* .
15 ng/mL
*(delta-9-tetrahydrocanna
binol-9-carboxylic acid)
Cocaine metabolite**
150 ng/mL
**(benzoylecgonine)
Opiates:
Morphine
2000 ng/mL
Codeine
2000 ng/mL
Phencyclidine.
25 ng/mL
Amphetamines:
Amphetamine
500 ng/mL
Methamphetamine***
500 ng/mL
'(specimen must also contain amphetamine at a
concentration greater than or equal to 200 ng/mL)
The MRO shall notify each employee who has a confirmed
positive test that the employee has 72 hours in which to request a
test of a split specimen provided at the same time as the original
sample. If the employee requests an analysis of the split
specimen within 72 hours of having been informed of a verified
positive test, the MRO shall direct, in writing, the laboratory to
provide the split specimen to another DHHS-certified testing
laboratory for analysis. All costs for such testing'shall be paid by
the employee (by payroll deductions if necessary) unless the
additional test invalidates the confirmatory test. The methods of
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collecting, storing, and testing the split sample will be consistent
with 49 CFR Part 40 as amended. If analysis of the split
specimen fails to reconfirm the presence of the drug(s) or
metabolite(s) found in the primary specimen, or if the split
specimen is' unavailable, inadequate for testing, or untestable, the
MRO shall.cancel the test and report cancellation and the reasons
for it to the DOT, TOA, and the employee.
Federally-mandated urine and breath forms must be used for all
federally-mandated testing. Specimens shall be collected and
identified as required by 49 CPR section 40.25 as amended.
Specimens and written records shall be, stored by the laboratory,
MRO, and TOA as required by 49 CFR sections 40.29(g),
40.29(h) and 40.35 as amended. Among other requirements, all
records, pertaining to a given urine specimen shall be retained by
the drug testing laboratory for a minimum of 2 years, and all
specimens confirmed positive shall be kept in their original labeled
bottles and placed in a properly secured long-term frozen storage
for a minimum of 1 year. The laboratory shall be required to
maintain any specimens known to be under legal challenge for an
indefinite period. TOA's contracts with laboratories"shall require
that the laboratory maintain employee test records in confidence,
as provided in DOT agency regulations; and that the laboratory
shall disclose information related to a positive drug test of an
individual to the individual, the employer, or the decisionmaker in
a lawsuit, grievance, or other proceeding initiated by or on behalf
of the individual and arising from a certified positive drug test.
4.1.2 Alcohol Test Procedures
Alcohol tests will be performed with an NHTSA-approved
evidential breath testing (EBT) device operated by a trained
breath alcohol technician (BAT). If the initial test indicates an
alcohol concentration of 0.02 or greater, a second, confirmatory
test will be performed. If the confirmatory test indicates an alcohol
concentration of 0.04 or greater, the confirming test will be
considered a "verified positive" test under this policy.
4.2 Categories of Tests
4.2.1 Pre-Employment Testing
All applicants for employment in safety-sensitive positions will be
tested prior to employment at TOA, and prior to transfer from a
non-safety-sensitive position into a safety-sensitive position.
Receipt by TOA of satisfactory test results is required prior to
employment in a safety-sensitive position or transfer to a safety-
sensitive position. A verified positive test (i.e. a positive
confirmatory test for drug use or alcohol concentration of
0.04 or greater) will disqualify an applicant from again
applying for employment or transfer for five years; in
addition, the applicant must provide evidence from a
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Substance Abuse Professional (SAP) of absence of drug or
alcohol dependency prior to further consideration of any
subsequent application. Transit Guest Attendants will also
be drug tested before consideration for employment.
4.2.2 Reasonable Suspicion Testing
An employee will be tested where there is reasonable suspicion
that the employee has engaged in drug or alcohol use. TO come
under reasonable suspicion, the employee must be observed by a
supervisor trained in the detection of drug or.alcohol misuse.
Supervisors who make reasonable suspicion determinations of
drug use shall receive at least 60 minutes of training on the
physical, behavioral, and performance indicators of probable drug
use. Supervisors designated to determine whether reasonable
suspicion exists for alcohol testing shall receive at least 60
minutes of training' on the physical, behavioral, speech and
performance indicators of probable alcohol misuse. Reasonable
suspicion testing is required when one trained supervisor can
articulate and substantiate physical, behavioral and performance
indicators of probable drug use or alcohol misuse by observing the
appearance, behavior, speech or body odors of the employee.
Examples of conditions which may result in reasonable-suspicion
testing include, but are not limited to, the following:
1. Physical signs and symptoms consistent with use of
prohibited substances.
2. Evidence of manufacture, distribution, dispensing,
possession or use of prohibited substances:
3. Occurrence of a serious or potentially serious accident
that may have been caused by human error.
4. The employee is involved in an accident in which, at
the reasonable discretion of the supervisor, negligence,
carelessness or poor judgement may have been
involved.
5. Fights involving physical contact, assaults, and flagrant
disregard or violation of established safety, security, or
other operating procedures.
4.2.3 Post-Accident Testing
In case of an accident involving a TOA vehicle (regardless of
whether or not the vehicle is in revenue service) that results in a
death, tests will be conducted on all employees on duty in the
TOA vehicle and on any other employee whose performance
could have contributed to the accident.
In case of a non-fatal accident in which either (1) an individual
sustains injuries requiring immediate treatment at a medical
treatment facility, or (2) the TOA vehicle is a bus, van or.
automobile and one or more vehicles incur disabling damage that
requires towing from the site, tests will be conducted on all
employees on duty in the TOA vehicle (unless the employee's
behavior: can be completely discounted as a contributing factor to
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the accident) and on any other employee whose performance
could have contributed to the accident.
The above post-accident testing procedures, are separate from
reasonable-suspicion testing conducted under section 4.2.2 of this
policy.
Post-accident testing will be done as soon as possible, preferably
within two hours of the accident, but no later than eight hours after
the accident for alcohol testing and 32 hours after the accident for
drug testing. If unable to obtain a specimen within two hours,
necessary documentation shall be completed. by the supervisor
and attempts shall be continued until an adequate specimen is
collected. An employee involved in an accident must not- use
alcohol until after the employee undergoes alcohol testing or eight
hours have elapsed, whichever comes first.
If the employee is unable to physically consent to post-
accident testing, then tests may be conducted without verbal
or written consent under TOA authority.
Nothing in this policy shall be construed to require the delay of
necessary medical attention for the injured following an accident
or to prohibit an employee from leaving the scene of an accident
for the period necessary to obtain assistance in responding to the
accident or to obtain necessary emergency medical care. .
However, any employee who under the above circumstances fails
to remain readily available for drug and alcohol testing (including
notifying TOA of his or her location), or who otherwise leaves the
scene of an accident without appropriate authorization. prior to
submission to drug and alcohol testing, will be considered to have
refused the test. Under section 3.5 of this policy, leaving the
scene of an accident without valid reason is a serious violation
subject to discipline up to and including termination.
4.2.4 Return-to-Duty Testing
As part of the employment assessment and return-to-duty
requirements set forth in sections 5.3 and 5.4 of this policy, any
employee with a verified positive drug or alcohol test (i.e. a
positive confirmatory test for drug use or alcohol concentration of
0.04 or greater) must test negative for drugs and alcohol before
returning to work, and will be subject to random drug and alcohol
testing after returning to work.
4.2.5 Random Testing
Employees in safety-sensitive positions will be subjected to
unannounced random drug and alcohol testing in accordance with
FTA regulations. Each such employee shall be in.a pool, from,
which random selection is made. Each such employee shall have
an equal chance at selection and shall remain in the pool even
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after being tested. The basis for random selection shall be by a
scientifically valid random number generation method initiated by
a random'selection computer program. To ensure that employees
have a reasonable expectation that they might be called for a test
on any day they are at work, the dates for random testing shall be
spread reasonably throughout the calendar year. Testing is
continuous throughout the year, beginning January 1 and non-
halting. Testing is conducted on all days and hours of safety-
sensitive operation. Random tests are unannounced and
immediate. Employees are required to proceed to the test site
immediately upon notification. Drug testing must occur while the
employee is on safety-sensitive duty.. Alcohol testing mayoccur
while the employee is performing safety-sensitive functions, just
before duty, or immediately after safety-sensitive duty. Random
drug testing shall otherwise conform to and not exceed the testing
required under 49 CFR sections 653.47 and 654.35 as amended,
which state that 50 percent of employees must be randomly drug
tested and 10 percent of employees must be randomly tested for
alcohol: Random testing may also be conducted pursuant to
other sections of this policy.
4.3 Employee Status Pending Test Results
With the exception of random testing, an employee who is tested for drugs or
alcohol will be immediately removed from service without pay and will not be
allowed to return to work until test results are reported.
If a negative test result is reported; either from an initial test or a confirmatory
test, the employee will be notified immediately, returned to work, and
compensated for the period of absence from work.
As a general rule, when an employee is sent for a random test, the employee
will not be removed from service pending receipt of test results.
5 Consequences of Positive Tests
5.1 Special Consequences for Safety-Sensitive Employees
A safety-sensitive employee with a confirmatory alcohol test result of 0.02 or.
greater, but less than 0.04, shall be immediately removed from service with a
minimum of .a three day suspension. A safety-sensitive employee with a
verified positive test (i.e. a positive confirmatory test for drug use or alcohol
concentration of 0.04 or greater) shall be immediately removed from service
until after an employment assessment and release to return to. duty by a.
Substance Abuse Professional (SAP) under section 5.3 of this policy.
5.2 Discipline .
Discipline for a positive drug or alcohol test is set forth in section 3.3 above.
5.3 Employment Assessment
Any employee with a verified positive test (i.e. a positive confirmatory test for
drug use or alcohol concentration of 0.04 or greater) will be immediately
removed from duty and must be promptly assessed by a Substance Abuse
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Professional (SAP). An SAP is either (1) a licensed physician, or a licensed
or certified psychologist, social worker, or employee assistance professional
with knowledge of and clinical experience in the diagnosis and treatment of
alcohol and drug related disorders; or (2) an addiction counselor certified by
the National Association of Alcoholism and Drug Abuse Counselors
Certification Commission. The SAP will evaluate each employee to
determine what assistance, if any, the employee needs in resolving problems
associated with prohibited substance abuse or misuse.
Assessment by a SAP does not exempt an employee from discipline, and
does not guarantee continued employment or reinstatement. The cost. of any .
treatment or rehabilitation services will be paid by the employee or the
employee's own insurance provider.
If the SAP releases the employee to return to duty, the employee must
promptly follow the rehabilitation program prescribed by the SAP, must pass
a return-to-duty test, and must fulfill the return-to-duty requirements of section
5.4 of this policy.
5.4 Return-to-Duty Requirements
Employees who re-enter the workforce following (1) completion of a
disciplinary suspension for a verified positive drug or alcohol test, (2),a
favorable employment assessment, (3) successful retum-to-duty testing, and
(4) agreement to re-entry contract, shall be subject to the following
requirements:.
1. Random, unannounced drug and alcohol testing for one to five years
depending on the circumstances of the case and as recommended by
the SAP. Safety-sensitive employees must be subjected to and pass
a minimum of six tests within the first 12 months back in safety-
sensitive duties.
2. An agreement to follow specified after-care requirements
recommended by the SAP, with the.cost of such requirements to be
bome by the employee or the employee's own insurance provider.
3. Compliance with all recommendations of the SAP, and release to
TOA from each treatment provider of records of attendance,
recommendations, and compliance.
An employee's violation of the above requirements may be grounds for
termination under section 3.8 of this policy.
6 Employees Who Seek Assistance Prior to Positive Testing
Employees are strongly encouraged to seek assistance to overcome
alcohol or drug dependency problems before accidents or violations of
this policy occur. TOA is strongly committed to working in a positive
manner with such employees.
Employees who seek assistance with alcohol. or drug dependency by
participating in appropriate treatment and/or rehabilitation programs'
will not be subject to discipline for their participation in such programs.
Employees participating in or completing a treatment or rehabilitation
program will continue to be required to comply with TOA performance
Revised 08/02/00 13
standards, policies, and rules and regulations, including but not limited
to this policy, and may be subject to discipline if these are violated.
If determined necessary by TOA-approved medical professionals,
medical leaves of absence may be arranged to allow for proper
treatment of employees who seek assistance with alcohol or drug
dependency, and TOA may make other reasonable accommodations
pursuant to federal law on a case by case basis.
TOA offers an Employee Assistance Program (EAP) which is
confidential, voluntary, free of charge (three times per year), and
independent of TOA. EAP counselors can provide drug or alcohol
treatment and/or rehabilitation programs. Employees can call the EAP
office directly and confidentially at (970) 328-6969 to obtain additional
information and to make an appointment. Alternatively, TOA
encourages employees with dependency problems to seek assistance
through appropriate treatment or rehabilitation programs with qualified
Substance Abuse Professionals of their choice.
Upon successful completion of a treatment or rehabilitation program for
drug or alcohol dependency, an employee will be subject to random
testing for one year. An employee who fails to comply with random
testing may be subject to discipline under section 3.5 of this policy.
7 Disclosure
Test results may only be released to:
• Employee, if requested in writing
• DOT agency
• National Transportation Safety Board requests as part of an accident
investigation
• Subsequent employers, if requested in writing by the employee
• Decision-maker in a lawsuit, grievance, or other proceeding initiated by or
on behalf of the employee and arising from the result of a drug or alcohol
test administered under FTA's rules
• Other identified persons as requested in writing by the employee
8.0 System Contact
Employees are expected to fully understand and obey this policy. If you have
any questions about this policy or its effect on you, please ask your
supervisor. Any persons with questions regarding this policy or related
matters are also invited to contact TOA's Drug and Alcohol Management
team at (970) 748-4113 or (970) 748-4110 or the Human Resources
Department at (970) 748-4025 or (970) 748-4093.
Revised 08/02/00 14
APPENDIX A
Town of Avon Drug and Alcohol Policy
Materials on Drug and Alcohol Abuse
The attached materials contain discussion of the effects of drug and alcohol
abuse on the health, work, and personal life not only of the abuser but also the abuser's
family, friends, and the public at large. The materials also discuss the signsand'
symptoms of drug and alcohol problems, and possible methods of intervening.
Note: TOA provides its employees a confidential Employee Assistance
Program (EAP),which provides. employees and their irnmediate families a
broad range of confidential conseling and referral services for personal
and job-related problems, including drug or alcohol abuse. The program is
available 24 hours a day, seven days a week. The first three visits are free.
Colorado West (970) 328-6969
Drugs and Alcohol: Affects, Signs, and Solutions
One of every ten U.S. workers abuses alcohol or drugs. In fact, some studies
conclude that up to 20-25 percent of the nation's workforce may be abusing alcohol or
drugs. Experts estimate that there are 10 million alcoholics in this country, 6 million
current cocaine abusers, 16 to 20 million people who frequently use marijuana, and
several million people who abuse prescription drugs.
Contrary to popular belief, relatively few drug or alcohol abusers are destitute;
most. hold jobs and have families.
Drugs and alcohol affect their users' judgement, performance, and safety-
awareness, which in turn directly affects the safety and well-being of the users' families,
all other employees, and'the public at large.
Affects of Drug and Alcohol Abuse
Drug and alcohol abuse affect a person physically and mentally. These affects
occur not only during actual intoxication (which can last from almost immediately in the
case of alcohol, to 1 to 24 hours after intake for other drugs), but also during residual
hangovers, fatigue rebounds, and longer periods of mental impairment. Physical and
mental affects may include:
• Slow reactions
• Poor coordination
• Fatigue
• Delayed decision-making
• Poor or erratic judgement
• Confusion
• Learning difficulties
• Poor memory
• Loss of concentration
• Depression or anxiety
• Difficulty in sorting out priority tasks
Neurotic or psychotic behavior
• Refusal to accept authority
Drugs and alcohol can also lead to many serious physical problems. For
example, cocaine use, even in smallamounts or by first-time users, has been linked with
heart attacks. Amphetamine use can lead to strokes. Alcoholism can cause fatal
cirrhosis of the liver. Use of heroin and other intravenously injected drugs expose the
user to transmission of HIV.
Some persons wrongly believe that marijuana is relatively safe. However, in
addition to marijuana's links to many of the above physical and mental disturbances, .
research indicates,that marijuana is a "gateway" drug leading to further drug use.
Almost 60 percent of marijuana users will go on to use other drugs.
TOA's mission to provide, safe and efficient service to the community'is directly
threatened by employee's drug and alcohol abuse. For example, each year
n
approximately two million motor vehicle collisions occur that 'involve drinking and driving,
injuring 700,000 persons and killing 25,000 persons. One out of every two Americans
will be involved in an alcohol-related traffic accident in his or her lifetime.
Signs of Drug and Alcohol Abuse
The first signs of drug or alcohol abuse may be hard to distinguish from signs of
other problems such as job stress, overwork, fatigue, or emotional problems. To make
recognition even more difficult, drug- and alcohol-abusing employees often develop
survival skills to avoid detection. Supervisors and co-workers need to be aware of the
following general signs of drug and alcohol abuse:
• Absenteeism or tardiness. Employees with substance abuse problems
may be absent an average of two to three times more than the normal
employee. They may exhibit a pattern of absences on certain days, such as
Mondays and Fridays.
• Staff turnover. Chemically dependent people have disorganized lives.
Many quit rather, than face detection; others transfer or are fired for. poor or
unsafe performance.
• Equipment breakdown. Substance-abusing employees often lose interest
in maintenance of equipment and may use broken equipment as a way to
avoid work.
• Erratic performance; Poor work quality. Mental' and physical agility and
concentration deteriorate with substance abuse. The abuser may miss
deadlines, have poor concentration, work in bursts of energy, and overlook
important details. The person becomes unreliable.
Poor morale. Substance abuse creates wide mood swings, anxiety,
depression, and anger. Co-workers often see substance abusers as poor
"team workers" and safety-hazards. Abusers often blame work problems on
someone or something else.
• Increased accidents and "near misses." Impaired employees are 3.6
times more likely to cause an accident. Even small quantities of drugs or
alcohol in the system can cause deterioration of alertness, clear-mindedness,
and reaction speed. For example, studies show that a person's driving ability
substantially decreases at a blood alcohol content level of 0.04%. This is
equivalent to approximately two beers and one martini consumed in one
hour.
• Theft. Drugs are expensive, and drug users need a significant amount of
money to support their habits. As substance abusers' value systems and
judgement are effected by drugs, their loyalty and dedication to their co-
workers and employers is weakened.
The following signs may also indicate involvement of drugs or alcohol:
• Sudden changes, usually for the worse, in attitude, work performance, or
behavior
• A lackadaisical, "I don't care" attitude
• Deteriorating or erratic performance
• Hangover symptoms
• Drug-culture jargon
• Secretive behavior
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• Wanting to be alone; avoiding "straight" co-workers
• Forgetfulness, indecision, erratic judgement
• Impulsive and temperamental behavior
• Changes in personal appearance or hygiene
• . Jitters, hand tremors, hyperexcitability
• Carelessness
• Sleeping on the job
• Sudden weight loss
• Chronic cough or runny nose
Sores around the nose, or marks on the arms
Note that each symptom, by itself, may point to problems other than drug and
alcohol abuse. However, when a pattern begins to develop, a supervisor, manager, co-
worker; or family member needs to be alert and act quickly. Fueled by drug or alcohol
abuse, these behaviors can quickly lead to accidents, productivity problems, higher
operating costs, greater absenteeism, and worsened service to the public.
Solutions to Drug and Alcohol Abuse
One of the biggest obstacles to overcome in trying to help or reach the drug or
alcohol abuser is denial. To. overcome a drug or alcohol dependency, a person must
first and foremost be able, and willing to recognize the problem. However, some
abusers especially cocaine users, erroneously believe that.the drug actually improves
their performance. Others insist.that they can "control" their addictions on their own.
Denial must be confronted and overcome before the abuser can begin to recover.
Supervisors and co-workers endanger the lives: and safety of the abuser, his or
her family, co-workers, and the public, if they try to "cover up" for the abusing employee
or do the employee's work.
Co-workers and supervisors should not allow a suspected substance abuser to
continue working at a lower. level, and should not let friendship with the employee or fear
of exposing an "embarrassing" problem lead them into concealing the problem. They
should not share in the abuser's denial by encouraging the. abuser to believe that he or
she doesn't have a problem.
Co-workers and supervisors should pay attention to the warning signs of drug
and alcohol abuse, talk to the abuser about concerns you have, for the abuser's health or
job, and refuse to cover up for or take excuses from the abuser.
Supervisors should also know how to administer and apply TOA's Drug and
Alcohol Policy and other performance rules and policies.
Successful intervention in the workplace often starts with a frank, .firm, but
sensitive discussion with the person, focusing on problems with the person's
performance or safety. To deal with the person's likely denials, problems should be
clearly documented so that the person can be shown clear-cut evidence of what is
wrong.
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Co-workers and supervisors should encourage a suspected abuser of drugs or
alcohol to seek assistance from TOA's Employee Assistance Program. The abuser,
should be reminded that any help offered through the EAP is completely confidential.
Such EAP programs have 70-80 percent success rates for substance abuse recovery.
This is higher than rates for other programs, because with EAP programs the employee
has the commitment of the company behind him or her.
A person dependent on drugs or alcohol can also be referred to his or her
personal health care provider or clergy member, to private alcohol or drug treatment'
clinics, or to self-help groups such as Alcoholics Anonymous or Narcotics Anonymous.
Additional information on drug and alcohol use and abuse can be obtained from
the Employee Assistance Program or from TOA's Human Resources Department.
APPENDIX B
Town of Avon Drug and Alcohol Policy
Federally-Required Elements of Policy
Many elements of TOA's Drug and Alcohol Policy are required by federal
regulations covering transit employees in safety-sensitive positions. Other elements of
TOA's policy are not required by federal regulations but are official TOA policy. Federal
regulations require TOA to identify which provisions of its policy are mandated by-the
regulations and which are not.
The parts of the Town of Avon Drug and Alcohol Policy not mandated by federal
regulation are the areas throughout the policy in bold face type and the provisions that
follow:
1. Application of the policy to employees in non-safety-sensitive positions (see Policy
section 2.1).
2. Testing for any drugs in addition to drugs listed at 49 CFR § 653.31(see Policy
section 2.2).
3. Federal regulations for CDL-holding employees in safety-sensitive positions prohibit
the use controlled substances at all.times, and prohibit alcohol use while performing
a safety-sensitive function, four hours prior to performing a safety-sensitive function,
and up to eight hours following an accident or until the employee undergoes a post-
accident test; whichever occurs first. To -the extent that TOA's policy includes
additional hours of compliance (see Policy sections 2.3, 3.4),;there is a variance from
federal regulations..
4. Federal regulations for CDL-holding employees in safety-sensitive positions specify
that if such an employee has a positive drug or alcohol test (see Policy section 4.0),
the employee must be removed immediately from the safety-sensitive. function. In
addition, any safety-sensitive employee who has a positive drug test, an alcohol
content of 0.04 or,greater, or refuses to submit to a test, must be evaluated by a
Substance Abuse Professional. To the extent that TOA's policy contains additional
discipline for positive tests or other drug- or alcohol-related conduct (see Policy
sections 3.0, 5.0, and,6.0), these aspects are not mandated by federal regulations.
5. 'TOA's policies concerning employees who seek assistance prior to positive testing
(see Policy section 6.0) are not defined in federal regulations.
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APPENDIX C
Town of Avon Drug and Alcohol Policy
Safety-Sensitive Positions
(as of June 2000)
Note: TOA employees who perform safety-sensitive functions, as that term is
defined in federal regulations {49 CFR Parts 40, 653, and 654), are subject to
random drug and alcohol testing and other special requirements. The following
list is intended to be all-inclusive; but any employee unsure whether the position
requires safety-sensitive functions should check with a supervisor.
Accounting Assistant II - Transit
Administrative/Marketing Supervisor -Transit
Bus Operator- Full Time.
Bus Operator - Part Time
Bus Washer
Bus Wash Supervisor
Fleet Maintenance Supervisor
Lead Mechanic
Mechanic
Mechanic's Helper
Office Clerk _ Transit
Operations Supervisor
Plow Driver -.Public Works
Public Works Director
Revenue Clerk
Roads and Streets Superintendent .
Transit Director
Transit Foreman
Facilities Supervisor
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