Drug & Alcohol-Free Work Environment - Metro

Drug & Alcohol-Free Work Environment

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Summary of Policy

The Drug & Alcohol-Free Work Environment policy requires all applicants for employment and employees, who are transferring from non-safety sensitive positions to safety sensitive ones, to be tested for marijuana, cocaine, opiates, amphetamines, phencyclidine, and alcohol. No one can be hired or assume a safety sensitive position, until the organization has received from a testing center of its choice an alcohol test result below 0.02 and a verified negative drug test result. The policy also includes reasonable suspicion testing, post-accident testing, return-to-work testing and random testing of safety sensitive employees.

The organization is dedicated to providing safe, dependable and efficient transportation services to customers and a safe work environment for employees. An employee's use of prohibited drugs and misuse of alcohol poses a significant risk to public safety, as well as to the employee's health and safety.

This policy complies with all applicable state and federal regulations governing workplace anti-drug use and alcohol misuse programs in the transportation industry. They include Department of Transportation (DOT) 49 Code of Federal Regulations Part 40, as amended on December 19, 2000 ("Procedures for Transportation Workplace Drug and Alcohol Testing Programs"); Federal Transit Administration (FTA) 49 CFR Part 655 ("Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations"); DOT 49 CFR Part 29 ("Drug-Free Workplace Act of 1988"); and California Government Code Section 8350 et seq. ("Drug-Free Workplace Act of 1990").

The purpose of this policy is to:

Create a work environment free from the adverse effects of drug abuse and alcohol misuse;

deter and detect employees' use of illegal drugs and misuse of alcohol;

prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances;

encourage employees to seek professional assistance anytime personal problems, including drug or alcohol dependency, adversely affect their ability to safely perform their assigned duties; and

discipline employees who violate the policy, up to and including termination.

In May 2005, the Board approved the revised policy. This amendment incorporated interim interpretations to the regulations made within the last four years. See attached Summary of Revisions.

Historical Perspective

The current Drug & Alcohol-Free Work Environment policy has its roots in the policies of its predecessor agencies, the Southern California Rapid Transit District (RTD) and the Los Angeles County Transportation Commission (LACTC). Under its own authority, RTD introduced pre-employment drug testing in 1973 and three years later made drug screening a part of the periodic medical examination required for Commercial Driver's License holders. In 1985, the RTD implemented a drug and alcohol abuse policy that included post-accident and incident-based drug and alcohol testing. The LACTC adopted a drug and alcohol policy in May 1992 that included testing for reasonable cause.

Drug & Alcohol-Free Work Environment

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After the merger between RTD and LACTC, the Board adopted on September 1994 a comprehensive Alcohol and Drug Abuse policy, which became effective January 1, 1995. The new policy integrated the policies of its predecessor agencies and complied with the U.S. DOT and FTA drug and alcohol testing regulations. The regulations included provisions for workers who perform safety sensitive functions and the addition of random testing. Since then, the U.S. DOT and the FTA have issued several amendments that have required the Board to periodically revisit its drug and alcohol policy.

The Board updated the policy in May 1997 to clearly differentiate drug and alcohol testing conducted under U.S. DOT and FTA regulations from testing conducted under its own authority. And in May 1999, the Board adopted amendments to the policy to reflect administrative changes and to clarify language regarding the Drug-Free Workplace Act of 1988. In addition, the Board changed the policy's name to the Drug & Alcohol-Free Work Environment Policy.

Last Board Action

May 26, 2005 ? Drug & Alcohol-Free Work Environment Policy

The Board approved on consent calendar the revised Drug & Alcohol-Free Work Environment Policy (#HR 4-2, effective date 05/26/2005).

Attachment

Policy # HR 4-2 (Drug & Alcohol-Free Work Environment)

Summary of Revisions

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DRUG AND ALCOHOL FREE WORK ENVIRONMENT POLICY

SUMMARY OF REVISIONS TO THE POLICY ISSUED IN 2002

Below is a summary of the significant changes proposed to the current Drug and Alcohol Free Work Environment Policy, In addition to these changes minor additions and deletions have been made to improve clarity, organization , readability and consistency with Federal regulations,

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2002 Policy

4.4 Prescriptions or Over-the

Counter Drugs

2005 Policy

Section deleted from Drug and Alcohol Free Work Environment Policy and moved to new Fitness-for-

Duty Policy, HR #3- 18,

All employees, regardless of safety-sensitive status , must notify their manager, immediate

supervisor or MTA Medical

Standards Coordinator (phone

213-922- 7169) when they must

take prescription or over-thecounter drugs that may impair their ability to perform any function of their position,

Deletion of2002 Policy Text

Safety-sensitive employees may

not perform any safety-sensitive function if their medication carries a warning label that mental functioning, motor skills or judgment may be adversely affected , unless the medication is being used in accordance with the instructions of a physician who has provided a written determination that the substance will not adversely affect the employee s ability to safely perform safety-sensitive duties.

Section deals with

prescription and over-thecounter drugs, Metro policy requires employees to report medications in order to determine if there is potential for impairment. Since the use of these medications is legitimate and the issue is one of fitness-for-duty, it is more appropriately addressed in the Fitness-for- Duty Policy,

A prescription is considered valid only ifit is in writing, indicates the employee s name, date, the name of the substance, and the quantity or amount to be taken, It is a violation of this P9Jicy to misuse

2005 Revision

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DRUG AND ALCOHOL FREE WORK ENVIRONMENT POLICY

SUMMARY OF REVISIONS TO POLICY ISSUED IN 2002

Below is a summary of the significant changes proposed to the current Drug and Alcohol Free Work Environment Policy, In addition to these changes, minor additions and deletions have been made to improve clarity, organization , readability and consistency with Federal regulations,

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manner that is inconsistent with

the prescription and the

2002 Policy

Section 5.0 Consequences of

Positive Drug and/or Alcohol Tests

2005 Policy

Additional language proposed in Section 2, 0.4

Policy instruction of the prescribing

physician, Not specifically addressed in 2002 Under Section 2. 0 - Consequences of Positive

Drug and/or Alcohol Tests

4, The cost of any treatment or rehabilitation services will be paid directly by the employee or their insurance provider, The employee will permitted to take accrued sick leave or administrative leave to participate in the SAP prescribed treatment program, If the employee has insufficient accrued leave, the employee shall be placed on leave without pay until the

Clarifies current practice regarding which party pays for treatment or rehabilitation services following a positive drug or alcohol test.

SAP has determined that the employee has

successfully completed the required treatment

program and releases him/her to return-toduty. Any leave taken either paid or unpaid

shall be considered leave taken in accordance

with the Family and Medical Leave Policy (HR

1 ),

2002 Policy 1 Pre- Employment Testing

2005 Policy 1 Pre- Employment Testing

An employee who has not

performed or been subject to

for performing safety sensitive

functions

any reason

including a long term leave of

absence or employment in a non-

safety sensitive position , for a

period of 90 consecutive days or longer, and he or she has been

out of the random pool during

this period , shall be required to

In instances where a safety-sensitive employee is on extended leave for a period of 90 days or

more, regardless of the reason , the employee will be required to take a drug test and have negative results prior to performing any safetysensitive functions, This requirement also

includes employees who have been working in

non-safety-sensitive positions and removed from the random testing pool for 90 days or more, A positive result will be considered a

violation of this policy,

Section has been reworded for clarity of consequences

for positive pre-employment and return-to-work tests. The policy now takes the position that all tests are tests of record and clarifies the

consequences for these tests that while conducted off-duty are treated by FTA regulations as official tests

2005 Revision

.,

DRUG AND ALCOHOL FREE WORK ENVIRONMENT POLICY

SUMMARY OF REVISIONS TO POLICY ISSUED IN 2002

Below is a summary of the significant changes proposed to the current Drug and Alcohol Free Work Environment Policy, In addition to these changes, minor additions and deletions have been made to improve clarity, organization , readability and consistency with Federal regulations,

2002 Policy 5 Return-to- Duty Testing

2005 Policy 5 Return-to- Duty Testing

2002 Policy 6 Follow-up Testing

2005 Policy 6 Follow-up Testing

safety-sensitive functions. atakeadndruhgavteesatnbeegafotirvee

preesruflot romn i-ng

any

subject to the same

consequences as any other

test.

If any employee who has refused a required test or has a verified positive, adulterated or substituted drug test result, or tests positive for alcohol at 0.

or greater, is not terminated , the

employee shall not be allowed to

return to duty until he/she has

successfully completed the return-

to-duty process, This return-toduty process includes evaluation by a SAP, successful completion of the rehabilitation , treatment or education program outlined by the SAP, and obtaining a verified negative observed return-to-duty drug test and/or alcohol test under 0,02,

In addition to the Return-to- Duty test described in Section 7, above, any employee who has refused a required test, has a verified positive, adulterated or substituted drug test result, or tests positive for alcohol at 0. or greater, and who has not been terminated and is to return to work, shall be subject to follow-up testing for drugs and/or alcohol as prescribed by the SAP, for a minimum period of 12 months to

If any employee who has violated this policy is

not terminated , the employee shall not be allowed to return to duty until he/she has successfully completed the return-to- duty process, Violations include refusing a required test, having a verified positive, adulterated or substituted drug test result, and testing positive for alcohol at 0.02 or greater, This return-to- duty process includes evaluation by a SAP, successful completion of the rehabilitation , treatment or education program outlined by the SAP and obtaining a verified negative observed return-to-duty drug test and/or alcohol test under 0,02, A positive return-to-duty test will be considered a violation

of this policy,

In addition to the return-to-duty test, any employee meeting the conditions described in Section 4, 5 above who returns to duty shall also be subject to follow-up testing for drugs and/or alcohol. The SAP determines the number frequency and duration of follow-up tests that will be performed for a period of a minImum of 12 months to a maximum of five years, Metro will determine the actual follow-up testing dates, The employee s manager is responsible for coordinating testing with Metro Drug & Alcohol Program Administrator. Follow-up testing is separate and in addition to the

Same rationale as above in

Section 7, 1, Applies same

standard to both FTA and

Metro violations,

Clarifies the roles of the SAP Employee s Manager and the

DM Program Administrator

in the follow-up testing process. Updates current procedure to ensure followup testing procedure

complies with the SAP'

prescri ption.

2005 Revision

DRUG AND ALCOHOL FREE WORK ENVIRONMENT POLICY

SUMMARY OF REVISIONS TO POLICY ISSUED IN 2002

Below is a summary of the significant changes proposed to the current Drug and Alcohol Free Work Environment Policy. In addition to these changes minor additions and deletions have been made to improve clarity, organization , readability and consistency with Federal regulations,

2002 Policy 7 Commercial Driver

License (CDL) Testing

2005 Policy 7 Commercial Driver

License (CDL) Testing

a maximum of five years, random , post-accident, reasonable suspicion

Although they are both and return-to-duty testing. unannounced , follow-up testing is

not considered random testing,

The SAP shall designate the

duration and frequency of testing, The employee s manager or supervisor MTA will decide the

actual follow-up testing dates,

The employee s manager is responsible for providing timely notification to coordinating testing with MTA Drug & Alcohol Program Administrator in the Special Programs Unit of Human Resources regarding scheduled follow-up tests,

The California Department of Motor Vehicles (DMV) requires drivers of commercial motor vehicles (Class A or B licenses) to pass a medical examination to obtain or renew their medical certificates, MTA requires a test

for controlled substances as part

of this examination to ensure that the CDL holder is qualified to

operate a commercial motor vehicle, If a test is administered off-duty and the results are positive, the employee is re-tested

on duty as soon as possible and

without prior notice,

The California Department of Motor Vehicles (DMV) requires drivers of commercial motor

vehicles (Class A or B licenses) to pass a

medical examination to obtain or renew their medical certificates, Metro requires a drug test as part of this examination to ensure that the CDL holder is qualified to operate a

commercial vehicle,

A verified positive drug test will subject the employee to consequences as described in Section 2. 0. If the test is administered on- duty, the employee is subject to disciplinary proceedings up to and including termination, If the test is administered off-duty, the employee will be given a Mandatory SAP referral and must successfully complete the return-to-duty process and be subject to follow-

Treats CDL drug tests as tests of record and imposes evaluation and rehabilitation.

While there is no change for

employees who are tested

while on duty, the 2002 Policy stipulated that off-duty

employees were re-tested

again when on-duty, Revision makes policy consistent with intent of the regulations that

prohibit drug use at all times, 2005 Policy will impose return-to-duty rehabilitation requirement on employees

who test positive even if they are not on duty, Currently

2005 Rf'vision

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