Human Resources

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Human Resources
DJJDP 16 series

• Alcohol Drug Free Workplace Policy Training
• 2005

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HR Policy Training

• This training will
• Implement requirements according to State and
  federal laws and inform staff of those
  requirements
• Prepare you to administer HR policies to the
  staff that you supervise and/or manage

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HR 8.2Alcohol Drug Free Workplace

• PURPOSE To ensure that employees shall not be
  permitted to perform job functions while under
  the influence of controlled substances or alcohol
  through a controlled substance and
  alcohol-testing program

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HR 8.2Alcohol Drug Free Workplace

• Federal Legislation and Regulations
• The Alcohol and Drug Free Workplace Act of 1988
  (federal law) requires that all recipients of
  federal grant funds provide a drug-free workplace
  by
• publishing and giving a policy statement to all
  covered employees informing them of the policy,
• establishing a drug-free awareness program,
  notifying employees that they must abide by the
  policy and notify the Department within five
  calendar days if convicted of a criminal drug
  violation in the workplace, and
• penalizing the offending employee and/or
  requiring participation in a drug abuse
  assistance or rehabilitation program
• The Omnibus Transportation Employee Testing Act
  of 1991 requires drug and alcohol testing of
  employees in transportation industries. The US
  Department of Transportation publishes rules (49
  Code of Federal Regulations (CFR) Part 40) on who
  must conduct drug and alcohol tests, how to
  conduct those tests and what procedures to use
  when testing
• Under 49 CFR Part 382, the Federal Motor Carrier
  Safety Administration controlled substance and
  alcohol testing requirements apply to employees
  whose work requires a Commercial Drivers License

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HR 8.2Alcohol Drug Free Workplace

• State Legislation
• N.C. Gen. Stat. 20-37.19 - Commercial Driver
  License - Employer Responsibilities
• N.C. Gen. Stat. 95-231 - Definitions
• N.C. Gen. Stat. 95-232 - Procedural
  requirements for the administration of controlled
  substance examinations.
• N.C. Gen. Stat. 95-234 - Violation of
  controlled substance examination regulations
  civil penalty

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ADFW Program

• Employees may not report to work under the
  influence of alcohol or illegal drugs
• Employees may not engage in illegal drug related
  activity on or off the worksite
• Pre-employment testing for prospective CDL
  drivers and criminal justice certified employees
• Random testing for CDL drivers
• Testing of any employee for whom there is
  reasonable suspicion that the employee has used
  alcohol or drugs in violation of the Departments
  policy
• An CDL employee dismissed for a positive test
  result must be referred to a Substance Abuse
  Counselor
• The Department ensures that employees are aware
  of the policy

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ADFW ProgramDepartment Responsibilities

• Report violations of criminal drug statutes
  occurring in the workplace to law enforcement
• Provide drug testing as specified in the policy
• Maintain list of CDL issued positions and provide
  annually to the Secretary of the Department of
  Administration
• Maintain employee testing records in
  confidential, secured files in accord with policy

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ADFW ProgramEmployee Rights

• To be informed of the substances being tested
• To be informed of the factors leading to
  reasonable suspicion
• Privacy and dignity in the collection of the
  specimen
• Chain of custody procedures
• A confirmation test
• Notification of a confirmed positive test result
• To have a confirmed positive specimen retested at
  an approved lab of his choice at his expense
• Secure handling of test results
• Confidentiality, unless otherwise required
• CDL employees dismissed for a positive test have
  the right to Substance Abuse Professional
  assistance

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ADFW ProgramEmployee Responsibilities

• Adhere to the ADFW policy
• Report observed and suspected violations of
  policy to management
• Notify the supervisor within 5 calendar days of
  arrest, arraignment, indictment, or conviction of
  a controlled substance or alcohol related offense
• Notify his immediate supervisor when required to
  use prescription medication that may affect his
  ability to perform his job

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ADFW ProgramHuman Resources Responsibilities

• Provide training for employees and managers of
  their rights and responsibilities under this
  policy
• Assess whether reasonable accommodation is
  required and available for employees whose
  prescription medication makes them unable to
  perform the essential functions of their job
• Coordinate testing, liaison with testing sites
  and vendors, receive test results
• Provide consultation regarding reasonable
  suspicion drug testing, the disciplinary process,
  and the Americans with Disabilities Act (ADA)
• Arrange Employee Assistance Program services for
  employees who violate this policy but are not
  dismissed
• Notify the Division of Motor Vehicles of CDL
  drivers who test positive in a drug or alcohol
  test
• Inform employees/applicants to be tested of their
  rights and responsibilities secure consent when
  required

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ADFW ProgramManagement Responsibilities

• Be familiar with intent and provisions of the
  policy
• Maintain documentation of employees who are on
  prescription medication that may affect their
  ability to perform their job
• Discuss with HR when an employees prescription
  medication makes an employee unable to perform
  the essential functions of the job
• Participate in required training
• Investigate violations and take appropriate
  disciplinary actions
• Understand and identify indicators of the
  influence of alcohol or drugs
• Initiate reasonable suspicion testing as
  appropriate

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Testing

• Alcohol Testing provided for criminal justice
  pre-employment (CDL and criminal justice
  certification), random (CDL), and reasonable
  suspicion
• Pre-employment and random testing methods are
  prescribed by DOT and Criminal Justice Standards.
  These are administered by First Lab through
  various locations
• Reasonable cause testing is handled by another
  contract negotiated state-wide. Currently, the
  provider is also First Lab
• Post-accident testing is required for CDL drivers
  when the accident involves loss of human life or
  when the driver receives a moving traffic
  citation and medical treatment is required away
  from the scene or any vehicle receives disabling
  damage
• HR is the contact point for the testing site and
  for the employee

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Reasonable Suspicion

• Must be based on first-hand, specific and
  describable observations seen or heard by
  supervisors, managers, or Department officials
  who have received training in the observation of
  controlled substance abuse or alcohol misuse
  related factors.
• Appearance
• Behavior
• Speech
• Odor
• Must be documented on the Reasonable Suspicion
  Testing Checklist (HR 8.2 004)
• Employee must be notified of the factors that led
  to reasonable suspicion

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Consequences

• Dismissal
• Manufacture, distribution, dispensing, selling,
  consuming, or possessing a controlled substance
  or paraphernalia or alcohol at the worksite
• Refusal to submit to a required drug or alcohol
  test
• Failure to show for a scheduled drug/alcohol test
• Tampering with a drug/alcohol sample
• Producing a confirmed positive drug/alcohol test
• Loss of juvenile justice certification due to
  controlled substance violation or a DWI
  conviction

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Consequences (cont.)

• Conviction of an alcohol-related offense ?
  disciplinary action up to and including
  dismissal, and reporting to criminal justice
  standards when appropriate
• Applicant positive test ? non-selection and not
  allowed to reapply for employment for a period of
  12 months