D
Drug
and
d Al
Alcohol
h l Testing
T ti Program:
P
Employee’s Training
1
Notice
The following presentation outlines some important
University policies and protocols pertaining to the
University Drug and Alcohol Testing Program policy
b t is
but
i nott meantt to
t be
b inclusive
i l i off all
ll elements
l
t off that
th t
policy. The content in this presentation can serve as a
guide for the Drug and Alcohol Testing Program, but is
neither intended to be binding nor to replace the
University’s written policy and procedures on this
topic If you have any questions on the materials in this
topic.
presentation, please refer to the Drug and Alcohol
Testing Program policy itself or contact the University’s
D i
Designated
t d Employer
E
l
Representative
R
t ti Linda
Li d MaxwellM
ll
Evans.
2
Auburn University Drug and
Alcohol Testing Program
What we will cover:
o A brief introduction to the training
o An explanation of the program’s processes,
procedures, and application
o The testing process and procedures
o The requirement to submit to testing and the
consequences of testing
3
A Brief Introduction
o A short background to the training
o Today
Today’ss presenters:
Linda Maxwell-Evans, Director, Employee
Relations AU
Relations,
Anoop Mishra, Chief Operating Officer,
EDPM
4
Section 1
Th Drug
The
D
& Al
Alcohol
h l
T ti Program
Testing
P
Polic Processes
Policy,
Processes,
Procedures and
Procedures,
Application
5
Topics for Section 1
oPolicy Details
oAU s Responsible Office: The
oAU’s
Designated Employer Representative
(DER)
oTypes of Employees Covered
oTypes of Testing
6
Auburn University
Policy
Auburn University seeks to provide a safe work environment
for all our employees. The University also seeks to fully
comply with state and federal requirements concerning
substance abuse
abuse.
All employees must report to work without being under the
i fl
influence
off alcohol,
l h l and
d without
ith t ill
illegall or mind-altering
i d lt i
substances in their systems.
---No employee shall report for work or remain on duty
requiring the operation of a motor vehicle, other hazardous
equipment or performing job duties in a hazardous
environment when the employee is using any controlled
substance, even one legally prescribed.
7
Auburn University
Policy (continued)
--An
An employee
employee, however
however, may report to work when
the use has been prescribed by a physician who has
advised the employee that the substance does not
adversely
d
l affect
ff t the
th employee’s
l
’ ability
bilit tto perform
f
iin a safe
f
manner.
--No employee shall use alcohol or illegal drugs
while on duty.
Employees must inform their supervisor when they are
taking legally prescribed and/or over the counter
medication that may affect their ability to safely carry out
th i job
their
j b responsibilities.
ibiliti
8
Auburn University
Policy (completed)
The University
Th
U i
it also
l prohibits
hibit employees
l
ffrom
using, possessing, manufacturing, distributing or
making arrangements to distribute illegal drugs
while at work or on University property.
http://www.auburn.edu/administration/human_res
ources/emprelations/drugtest.pdf
9
Responsible
p
Office
It is the University’s
y responsibility
p
y to p
provide testing
g that is in
compliance with all Federal and State laws and regulations,
and within the provisions of this Program.
The University will retain all records related to testing and the
testing process in a secure and confidential manner.
The University’s alcohol and drug testing program administrator
(Designated Employer Representative) who is designated to
monitor facilitate
monitor,
facilitate, and answer questions pertaining to these
procedures is:
Linda Maxwell-Evans - Director of Employee Relations
Human Resources – 332 Foy Hall
334-844-4145
10
Types of Employees
Covered by the Policy
Regulated Employees
Employees that fall under the rules of
(i
(i.e.,
regulated
l db
by)) the
h M
Motor C
Carrier
i
Safety Administration and carry a CDL
o Non
Non-- Regulated Employees
All other University Employees
o
11
Types of Testing
o
o
o
o
o
Pre-Employment Testing (regulated
Preemployees)
Random
R d
T
Testing
ti ((regulated
l t d employees)
l
)
Post Accident Testing (all employees)
Reasonable Suspicion Testing (all employees)
Return to Duty/FollowDuty/Follow-Up Testing (all
employees)
12
Section 2
The Testing
Process and
Procedures
13
Topics for Section 2
o Substance Abuse in the Workplace:
Why it is a problem
o The
Th Testing
T ti Processes
P
and
d
Procedures: What goes on behind
the scenes
th
14
Substance Abuse in the Workplace
p
One substance abuser costs an employer, on average, more than
$7000 per year, and…
o Is 3 times more likely to be late for work
o Is 10 times more likely to miss work
o Is 5 times more likely to sue for compensation
o Is 4 times more likely to hurt others or themselves at work
productive in the workplace
p
o Is 33% less p
o Uses 4 times more health/medical benefits
Drug abuse at work costs U.S. businesses an estimated $74
billion annually
15
Why is Substance Abuse
a Workplace Issue?
Estimated Number Reporting Current
Illicit Drug Use, by Employment Status
(in 1000s)
Full-time
Unemployed
Part-time
1,495
1,159
5,968
16
70% of adult illicit drug
users are EMPLOYED.
Hangovers
g
Hangovers are the most common way
that workers work “under
under the influence”
influence
of alcohol at work. According to a study
by the Annals of Internal Medicine
Medicine,
hangovers cost society $148 billion
every year in absenteeism
absenteeism, lost
productivity and health benefits.
Office of National Drug Control Policy
17
Alcohol and Driving
Impairment
18
Alcohol Impairment - Males
19
Prescription
p
Drug
g Use
Prescription drugs must be:
o For the employee
o Used according to prescribed dosage
Employees must notify their supervisor
and/or the company’s
company s Medical Review
Officer (MRO) if use may create safety
issues on the job
20
Pre employment
Pre-employment
Once an offer of
employment
p y
has
been extended,
p
pre-employment
p y
testing is required
as a prerequisite
to starting work ...
fitness-for-duty.
21
Random Testing
g - FMCSA
o
Random with replacement
Federal Motor Carrier Safety Administration (FMCSA)
mandates the following random testing rates:
o Drugs at a minimum of 50% rate
o Alcohol at a minimum of 10% rate
o
Employer provides list of employees in testing pool(s)
o Names and ID number entered into a computer
database at EDPM
p
based on testing
g
o Names selected byy the computer
rate
22
Random Testing: Key Questions
o Why have I been selected twice already this year and
some employees haven’t
haven t been selected at all?
o How are these selections made anyway? How do we
know they are random?
o Can a supervisor request an employee be added to the
random
d
t ti list?
testing
li t?
23
How “Random” is Random Testing?
‫ ס‬Random with replacement
‫ ס‬In any given testing period, some employees may
be selected multiple times for random testing
while other employees are not selected at all
‫ ס‬As long as each employee has an “equal chance”
of being selected each testing period
‫ ס‬Possibility of multiple tests serves as effective
(particularly
y for those employees
p y
who
deterrent (p
have already been tested)
24
Multiple Safeguards in
Testing Process
Testing Checks
Collections
Key Safeguards
• Established protocols (49 CFR Part 40 for urine testing)
• Certifications required for all collectors
• Strict Chain‐of‐Custody procedures throughout process
Lab Analysis
•
•
•
•
DHHS‐certified laboratory (specialized labs only)
Strict QC procedures (including standards for rejecting testing)
Dual‐level testing, including GC/MS confirmation All lab reports reviewed and certified by lab scientist
MRO Review
•
•
•
•
Enables identification of “legitimate” prescription use
Donor always has initial opportunity to speak with MRO
Split specimen appeal available
Split specimen appeal available
All non‐negatives are reviewed and certified 25
Drug Collection Procedure
Employee/applicant (“donor”) arrives at the
collection site
o Collector verifies picture I.D.
o Collector begins Custody and Control form
o Donor sets aside accessories, removes outer clothing, and
empties pockets
o Donor
D
washes
h and
dd
dries
i h
hands
d and
d provides
id specimen
i
26
Drug Collection Procedure
Restroom
o No running
g water
o Blueing agent in toilet water
o Donor allowed 4 minutes to
provide specimen
(if donor cannot provide adequate amount of
urine,
i
d
donor iis allowed
ll
d
to drink no more than 40 ounces
in a 33-hour period and must remain
at the collection site)
27
Drug
g Collection Procedure
Completion of
Collection
o Collector follows
split specimen
procedures
28
Copy 1
off 55-partt
Custody
y
and
Control
Form
29
29
Drug
g Collection Procedure
o Finish Custody and Control form
o Donor witness sealing of
specimen and forms for transport
o Donor washes and dries hands
30
Direct Observation Procedure
Direct Observation may be required if:
o First specimen is out of temperature range
o Collector observes suspicious materials
brought to the collection site
o Specimen appears to be tampered with
o Suspicious conduct or paraphernalia
o Cancelled or invalid test
o Requested by DER
The collector or the employer must explain to the
employee the reason for the direct observation
observation.
31
Laboratories
SAMHSA Certification
There are a limited number of testing
laboratories across the country that
are certified by the Substance Abuse
and Mental Health Services
Administration (SAMHSA) as part of
the Department of Health and Human
Services (HHS). EDPM contracts only
with labs that are SAMHSA
S
S certified.
f
32
Laboratories
Initial testing of urine specimens is performed by
enzyme immunoassay
o However, immunoassay procedures cannot positively identify a drug
or drug metabolite because of the possibility of crosscross-reactivity
o For example, the initial test for opiates will identify as presumptive
positive specimens containing morphine
morphine, codeine
codeine, hydromorphone
or hydrocodone
Confirmation testing by gas chromatography/mass
spectrometry
t
t (GC/MS) is
i required
i d
o GC/MS is accurate to one in ten million
o Positive initial screens are subjected to confirmation testing by
GC/MS
33
Laboratories
Initial and confirmation ng/ml cutoff
levels for:
Amphetamines
Cocaine
Cannabinoids
Opiates
Phencyclidine
500--250 ng/ml
150--100 ng/ml
50--15
50
15 ng/ml
2000---2000 ng/ml
25 25 ng/ml
25--25
34
Medical Review Officer
(MRO) Process
Review of laboratory results
o Checks Custody and Control form
o Checks result:
positive, substituted, adulterated, or negative
Positive, adulterated, or substituted result
o Contacts employee/applicant
o Requests information to determine if there is a medical explanation
o Informs the employee/applicant
p y
pp
of the right
g to have the split
p
specimen tested
35
MRO Process
Reports result to the Designated
Employer Representative (DER)
o Negative for a negative result
o Positive,
Positive adulterated
adulterated, or substituted result
o Negative if a medical explanation
o Positive
P iti if no medical
di l explanation
l
ti
36
MRO Terms
Adulterated Specimen: contains a substance not
expected
p
to be p
present in human urine
Cancelled Test: problem identified that cannot be
corrected - neither positive nor negative
Substituted Specimen: lab values are not
consistent with human urine
37
Request for Re-test
Employee
E
l
/ applicant
li
t requestt ffor test
t t
of the split specimen
o Made to MRO within 72 hours
o Specimen sent to second certified lab
38
Flowchart of Testing Process
Employee
Provides
Specimen
Both specimens
& sent to Lab
ab
A&B
Lab analyzes
tests and reports
to MRO
Lab results
negative
Test
est reported
epo ted to
DER as
negative
Specimen B
sent to
second Lab
MRO review
Lab results
Explanation
E
l
i
Satisfactory
Split test
Requested
Lab result
positive
MRO contacts
employee
E l
Explanation
i
unsatisfactory
Test reported to
DER as
positive
No further
action
39
Employee
referred to
SAP
True or False?
Eating poppy seeds can make my drug screen
show up as positive to Auburn University.
40
40
FALSE
o Consuming poppy seeds can trigger a positive test for
opiates.
i t .
o Based on the q
quantitative levels on the confirmation
testing at the laboratory, however, an MRO can
determine whether poppy seeds could have contributed
to the test result coming back positive for opiates or not
not.
41
41
Prohibited Alcohol Conduct
o Refusal/Failure to submit to a required test
o 0.02 - 0.039 BrAC, taken off duty for a
minimum of 24 hours
o 0.04 BrAC or greater, considered a
positive test result
42
Breath Alcohol Technician (BAT)
(
)
A Breath Alcohol Technician must be certified and
proficient in:
oPerforming breath tests
oKnowledge
o edge o
of the
e spec
specific
c
Evidential Breath Testing Device
((EBT)) being
g used for the test
oManufacturer’s instruction manual
and quality assurance program
43
Breath Alcohol Testing Device
(EBT)
44
Alcohol Testing Procedure
o
o
o
o
o
BAT confirms employee’s identification
BAT shows employee to private testing area
BAT begins Custody and Control Form
BAT explains testing procedure to employee
Employee witnesses BAT open a sealed
mouthpiece and attach it to the EBT
o BAT instructs employee how to breathe into
the EBT
45
If the result is less than 0.02
1 The BAT completes step 3 by filling in the testing
1.
company information if not pre-printed and signing
and dating the form. When the test result is less
th .02,
than
02 th
the d
donor d
does nott h
have tto sign
i step
t 4
4.
2 The employee is provided with the employee copy of
2.
the ATF. The employee may now leave the site.
3. The BAT transmits copy 1 of the form to the DER.
46
If the result is 0
0.02
02 or more
1.
The BAT informs the employee
p y that a confirmation test will be
performed. The employee does not sign step 4.
2.
The BAT informs the employee that a 15-minute waiting time must be
observed in order to allow any mouth alcohol to dissipate.
3.
The BAT should note in the remarks section of the ATF that these
instructions were given. Remarks should be made if the employee
does not adhere to instructions.
4
4.
At the end of the waiting
aiting period,
period and in the emplo
employee’s
ee’s presence
presence, the
BAT will conduct an air blank on the instrument. When the reading is
0.00, the BAT will continue with the test. If not, a second test will
occur. If it does not p
produce 0.00, the instrument will be taken out of
service.
47
Section 3
Th Requirement
The
R
i
t to
t
S b it
Submit
to Testing and the
Consequences of
Testing
48
Topics for Section 3
oTypes of testing and covered employees
oImplications of testing
oTesting locations
49
Types of Testing
o
o
o
o
o
Pre-Employment Testing (regulated
Preemployees)
Random
R d
T
Testing
ti ((regulated
l t d employees)
l
)
Post Accident Testing (all employees)
Reasonable Suspicion Testing (all employees)
Return to Duty/FollowDuty/Follow-Up Testing (all
employees)
50
Pre-employment
Pre– Regulated Employees
Once an offer of
employment has
been extended
extended, pre
pre-employment testing
is required as a
prerequisite to
starting
g work for all
Regulated Employee
Positions.
51
Random Testing
- Regulated Employees
o
Testing
T i will
ill b
be conducted
d
db
by EDPM
o All employees holding regulated positions will be
randomly tested
o Testing will be conducted quarterly and will be
unannounced
o
Auburn University will provide a list of
employees in testing pool(s)
o Names and ID number are entered into a computer
database
o Each employee will have an equal chance of being
tested each time selections are made
52
Reporting for Random
Testing
o When an employee is selected for random
testing,
o The employee must report immediately to the
collection
ll ti site
it
o The employee
employee’s
s immediate supervisor will be
responsible for providing transportation to the
collection site
53
Post--Accident Testing
Post
- All Employees
o When there is a loss of human life
o When an employee is involved in an accident that
involves one or both of the following:
o Bodily injury with immediate medical treatment away from the
scene
o Disabling damage to any motor vehicle requiring tow away
*Federal Motor Carrier Safetyy Administration
The employee involved in an accident may not consume alcohol for
an eight
g hour p
period following
g the accident. The employee
p y must
remain readily available for testing. If the employee is not readily
available, he/she may be deemed as refusing to submit to testing.
54
Reasonable Suspicion
Testing – All Employees
o Iff an employee is believed to be under the influence
f
off
alcohol or drugs, the employee will be required to undergo
a drug
g and/or alcohol test
o The employee will be removed immediately from his/her
position and arrangements will be made for the employee
to be taken to a testing facility
o An employee awaiting results of a reasonable suspicion
test will be placed on administrative leave with pay
pending the results of the test
55
Prescription
p
Drug
g Use
Employees that are taking prescription
drugs that might create safety issues
on the job must notify their supervisor
Prescription drugs must be:
be:
o For
F the
th employee
l
o Used according to prescribed dosage
56
Return-To
ReturnTo--Duty / FollowFollow-Up
Drug and Alcohol Testing
– All Employees
Return-toReturnto-duty testing is administered to
an employee after he or she:
o violates a DOT or company substance abuse
policy
o completes the required treatment programs as
recommended by the Substance Abuse
Professional (SAP)
o returns to work after an accident, particularly in
a safetysafety
f t -sensitive
iti jjob
b function
f
ti after
ft testing
t ti positive
iti
57
57
Return-To
ReturnTo--Duty / Follow
Follow--Up Testing –
Regulated and NonNon-Regulated Employees
o Just before or after an employee
p y p
performs a safetysafety
ysensitive function(regulated employees).
o When an employee is in an Employee Assistance
Program (American Behavioral). Test as directed by
the Substance Abuse Professional (SAP). (All
employees)
o Federal guidelines call for at least six tests which must
be conducted in the first twelve months after an
employee returns to duty. Follow
Follow--up testing may be
extended for up to 60 months following returnreturn-totod t . (All employees)
duty.
duty
l
)
58
Return-to
Returnto--Duty/Followup
Duty/Followup
Testing – All Employees
o The University is not obligated to reinstate
reinstate, retain and/or
rehire any employee who violates any University policy
or requirement
q
concerning
g drugs
g or alcohol.
o Any employee that violates any University policy
concerning drugs or alcohol and remains employed will
be required to sign a final written warning that will remain
indefinitely in the employee
employee’s
s file
file.
59
Return-To
ReturnTo--Duty After A
Positive Test
Should
Sh
ld th
the U
University
i
it elect
l t tto reinstate
i t t or rehire
hi an employee
l
determined by American Behavioral to be in need of assistance
in resolving
gp
problems associated with alcohol misuse and/or use
of controlled substances, the employee
omust remain in full compliance with the program
established by the assigned substance-abuse professional,
omustt meett all
ll other
th requirements
i
t off the
th job/position,
j b/
iti
and
d
j
to a minimum of 6 unannounced follow-up
p
owill be subject
tests over the 12 months or more after returning to duty.
60
Substance Abuse
Professional Services
American Behavioral
functions
as a consultant to
the company and
employee
1. Evaluation
2. Recommendations
American
Behavioral
American Behavioral
should not
be the primary
counselor for
employees
needing treatment
3. Follow
Follow--up Monitoring
4. Drug Testing &
Monitoring
61
Impact of Refusal to Test
or Testing
T ti Positive
P iti
If an employee tests 0.02 or greater, but less than 0.04,
for alcohol the employee will be removed from his or her
job functions for at least twenty
twenty-four
four (24) hours.
If an employee has a breath alcohol concentration of
0 04 or greater
0.04
greater, or other controlled substance
substance, this will be
considered an indication that the employee was under the
influence while on the job. The employee will be subject
to disciplinary action in accordance with the Employee
Conduct and Job Rules contained in the AU Personnel
Policies and Procedures.
62
Impact of Refusal to Test
or Testing Positive
An Employee
y who refuses to Follow-up Testing
g or
fails to successfully continue or complete any
rehabilitation program prescribed by American
B h i l or who
Behavioral
h ttests
t positive
iti
owill be considered unqualified to perform their
job duties/function,
owill be immediately suspended without pay, and
owill be subject to University discipline, up to and
including discharge.
63
Impact of Refusal to Test
or Testing Positive
Positi e
o An employee may not refuse to submit to a postaccident,
id t random,
d
reasonable
bl suspicion
i i or return-to-duty,
t
t d t
alcohol or controlled substances test required by Federal
and State law and this Policy.
y
o
An employee who refuses to submit to such tests may
not perform his job duties and must be evaluated by a
Substance Abuse Professional as if the employee tested
positive for drugs or failed an alcohol test.
o Refusal to submit includes failing to provide adequate
breath or urine sample
p for alcohol or drug
g testing
g and
any conduct that obstructs the testing process. This
includes adulteration or substitution of a urine sample.
64
Impact of Refusal to Test
or Testing Positive
When an Employee’s test has Positive, Adulterated,
Substituted, or Invalid Results:
o The employee will be given the option of requesting a test of
the split sample within 72 hours.
o Th
The employee
l
will
ill be
b placed
l
d on administrative
d i i t ti leave
l
without pay until the results of a split sample test are
obtained.
o If the split sample testing disputed the initial test results or
if the initial test results are designated invalid
invalid, the
employee will be reinstated.
65
Impact of Refusal to Test
or Testing Positive
If the
th split
lit sample
l ttesting
ti did nott dispute
di
t the
th initial
i iti l test
t t
results :
o The employee will be subject to discipline up to and
including termination in accordance with the Employee
Conduct and Job Rules contained in the AU Personnel Policies
and Procedures.
o A
An employee’s
l
’ refusal
f
l to
t test
t t for
f alcohol
l h l or controlled
t ll d
substances will be considered a positive test result
p y will be subject
j
to discipline
p
up
p to and
and the employee
including termination.
66
Testing Locations
Testing Locations
Auburn University will be using
East Alabama Medical Center
and Auburn Urgent Care on
South College Street to
conduct testing.
Employees that are located off
site, where traveling to Auburn
for testing would be difficult, will
be given other locations for
testing.
67
Auburn University Drug and
Alcohol Testing Program
What we covered:
o A brief introduction to the training
o An explanation of the program’s processes,
procedures, and application
o The testing process and procedures
o The requirement to submit to testing and the
consequences of testing
Questions????
68