DRUG AND ALCOHOL TESTING POLICY
1.0 Designated Contact Person and Board Adoption
1. The Designated Employer Representative (DER) is Ron Schalow, Executive
Director, Mecosta Osceola Transit Authority (MOTA), 18710 16 Mile Road, POB
1116, Big Rapids MI 49307, (231) 796-4896.
2. This policy was originally adopted on December 15, 2008 and was last updated
on March 19, 2015 by the MOTA Board of Directors.
3. This policy is also recognized and agreed to by AFSCME Council 25, Local 1865.
4. The Designated Authorized Official is Michael Tillman, Chair, MOTA Board of
Directors.
2.0 Covered Employees
1. All safety-sensitive employees when operating a revenue service vehicle in or out
of revenue service, and all independent contractors performing safety-sensitive
functions.
2. Any operator of a non-revenue vehicle that is required to maintain a current
Michigan Commercial Driver License (CDL).
3. Any employee or independent contractor controlling the movement of a revenue
service vehicle.
4. All security personnel carrying firearms.
5. Any employee or independent contractor who performs maintenance on a
revenue service vehicle.
3.0 Prohibited Drug Metabolites
1. Marijuana (THC) metabolites
2. Cocaine metabolites
3. Amphetamines
a. Amphetemine
b. Methamphetamine
c. MDMA (Ecstacy)
d. MDA
e. MDEA
4. Opiate metabolites
a. Codeine
b. Morphine
c. 6-AM (Heroin)
5. Phencyclidine (PCP)
4.0 Pre-Employment Testing
1. All applicants for covered transit positions shall undergo urine drug testing and
breath alcohol testing prior to performance of a safety-sensitive function. All
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offers of employment for covered positions shall be extended conditioned upon
the applicant passing a drug and alcohol test. An applicant shall not be placed
into a safety-sensitive position unless the applicant takes a drug test with verified
negative results, and an alcohol concentration below 0.02.
2. If an applicant fails a pre-employment drug or alcohol test, the conditional offer of
employment may be rescinded. Failure of a pre-employment drug and/or alcohol
test will disqualify an applicant for employment for a period of at least one year.
The applicant must provide the employer proof of having successfully completed
a referral, evaluation and treatment plan as described in accordance with 49 CFR
Part 40, as amended. The cost of the assessment and any subsequent
treatment will be the sole responsibility of the applicant. If a pre-employment test
is canceled, MOTA will require the applicant to take and pass another preemployment drug test. In instances where a covered employee is on extended
leave for a period of 90 days or more regardless of reason, and is not in the
random testing pool the employee will be required to take a drug and alcohol test
and have a negative test results prior to the conduct of safety-sensitive job
functions. An applicant with a dilute negative test result will be required to retest.
Applicants are required to report previous Department of Transportation (DOT)
and/or Federal Transit Administration (FTA) covered employer drug and alcohol
test results. Failure to do so will result in the employment offer being rescinded.
3. If the applicant has tested positive or refused to test on a pre-employment test for
a DOT/FTA covered employer, the applicant must provide MOTA proof of having
successfully completed a referral, evaluation and treatment plan.
4. When an employee being placed, transferred, or promoted from a non-covered
position to a covered position submits a drug test with a verified positive result,
and/or an alcohol concentration above 0.04, the regulations contained in 49 CFR
Part 40, as amended, must be followed.
5.0 Reasonable Suspicion Testing
1. An employee may be required to take a test for the presence of alcohol just
before, during or just after performing safety-sensitive functions. An employee
may be required to take a test for controlled substances any time when the
employer’s Trained Supervisor has a reasonable basis for requiring the test. The
basis for requiring a test shall be placed in writing and a copy given to the
employee when the test is required.
2. Reasonable suspicion shall mean that there is objective evidence, based upon
specific, contemporaneous, articulable observations of the employee’s
appearance, behavior, speech or body odor that are consistent with possible
drug use and/or alcohol misuse. A written record of the observations which led
to a drug/alcohol test based on reasonable suspicion shall be prepared and
signed by the supervisor making the observation and shall be attached to the
forms reporting the test results.
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6.0 Post-Accident Testing
1. A covered employee will be required to undergo a DOT/FTA post-accident test if
the covered employee is involved in an accident with a transit revenue service
vehicle resulting in a fatality, whether or not the vehicle is in revenue service.
This testing requirement includes all covered employees that were operating the
vehicle at the time of the accident, and any other covered employees who could
have contributed to the accident.
2. A covered employee will be required to undergo a DOT/FTA post-accident test if
an accident results in injuries requiring immediate medical treatment away from
the scene of the accident or one or more vehicles incurs disabling damage as a
result of the occurrence and a vehicle is transported away from the scene by a
tow truck or other vehicle. This testing requirement includes all covered
employees that were operating the vehicle at the time of the accident, and any
other covered employees who could have contributed to the accident, unless the
operator’s performance can be completely discounted as a contributing factor to
the accident. As soon as practicable following an accident, the transit supervisor
investigating the accident will notify the transit employee operating the transit
vehicle and all other covered employees whose performance could have
contributed to the accident of the need for the test. The supervisor will make the
determination using the best information available at the time of the decision.
3. The appropriate transit supervisor shall ensure that an employee, required to be
tested under this section, is tested as soon as practicable within eight (8) hours
of the accident for alcohol and within thirty-two (32) hours of the accident for
drugs. The alcohol test is to be completed before the drug test, if possible. If an
alcohol test is not performed within two (2) hours of the accident, the transit
supervisor will document the reason or reasons for the delay. If the alcohol test
is not conducted within eight (8) hours, attempts to conduct the test must cease
and reasons for the failure to test must be documented. If the drug test is not
conducted within thirty-two (32) hours, attempts to conduct the test must cease
and reasons for the failure to test must be documented.
4. A covered employee involved in an accident must refrain from alcohol use for
eight (8) hours following the accident or until the covered employee undergoes a
post-accident alcohol test.
5. In the event that MOTA is unable to perform a DOT/FTA post-accident test for
any reason, drug and alcohol post-accident test results administered by local law
enforcement officials may be used. The local law enforcement officials must
have independent authority for the test and the employer must obtain the results
in conformance with local law.
6. A covered employee who is subject to post-accident testing who fails to remain
readily available for such testing, including notifying a supervisor of his or her
location if he or she leaves the scene of the accident prior to submission to such
test, may be deemed to have refused to submit to testing.
7. Nothing is this section shall be construed to require the delay of necessary
medical attention for the injured following an accident, or a to prohibit a covered
employee from leaving the scene of an accident for the period necessary to
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obtain assistance in responding to the accident, or to obtain necessary
emergency medical care.
7.0 Return to Duty and Follow-up
1. All covered employees who previously tested positive on a drug or alcohol test or
refused a test must test negative for drugs, alcohol (below 0.02 for alcohol), or
both, and be evaluated and released by the Substance Abuse Professional
(SAP) before returning to work. For an initial positive drug test a return to duty
drug test is required and an alcohol test is allowed. For an initial positive alcohol
test a return to duty alcohol test is required and a drug test is allowed. Following
the initial assessment, the SAP will recommend a course of rehabilitation unique
to the individual. The SAP will recommend the return to duty test only when the
employee has successfully completed the treatment requirement and is known to
be drug and alcohol free and there are no undue concerns for public safety.
Return to duty testing will be conducted in accordance with 49 CFR Part 40, as
amended, including requiring an observed specimen collection.
2. All covered employees will be required to undergo frequent, unannounced drug
and/or alcohol testing following return to duty. The follow up testing will be
performed for a period of one year with a minimum of six tests to be performed.
Follow up testing should be frequent enough to deter and/or detect a relapse.
The SAP will determine if follow up testing should be performed beyond the first
year, the frequency and duration reflecting the assessment of the covered
employee’s unique situation and recovery progress. Follow-up testing is
separate and in addition to random, post-accident, reasonable suspicion and
return to duty testing. Follow-up testing will be conducted in accordance with
procedures set forth in 49 CFR Part 40, as amended, including requiring an
observed specimen collection.
8.0 Random Testing
1. All covered employees will be subjected to random, unannounced testing. The
selection of employees shall be made by a scientifically valid method of randomly
generating an employee identifier from the appropriate pool of safety-sensitive
employees.
2. The dates for administering unannounced testing of randomly selected
employees shall be spread reasonably throughout the calendar year, day of the
week and hours of the day.
3. The number of employees randomly selected for drug/alcohol testing during the
calendar year shall be not less than the percentage rates established by Federal
regulations for those safety-sensitive employees subject to random testing by
Federal regulations.
4. Random drug testing can be conducted at any time during a covered employee’s
shift. Random alcohol testing can be performed just before, during, or just after
the performance of a safety sensitive duty. However, under the authority of
MOTA, a random alcohol test may be performed any time the covered employee
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is on duty. Testing can occur during the beginning, middle, or end of the
employee’s shift. Employees will immediately be taken to the collection site upon
notification of their random selection.
5. Each covered employee shall be in a pool from which the random selection is
made. Each covered employee in the pool shall have an equal chance of
selection each time the selections are made. Employees will remain in the pool
and are subject to selection, whether or not the employee has been previously
tested. There is no discretion on the part of management in the selection.
9.0 Prohibited Behavior and Period of Coverage
1. All covered employees are prohibited from reporting for duty or remaining on duty
any time there is a quantifiable presence of a prohibited drug in the body above
the minimum thresholds. All covered employees are prohibited from consuming
alcohol four (4) hours before a shift, while on duty or while on call. If a covered
employee has consumed alcohol while on call, the covered employee must
acknowledge the use of alcohol when called to report for duty. The covered
employee will subsequently be relieved of all on-call responsibilities and may be
subject to discipline.
2. No covered employee shall consume alcohol for eight (8) hours following
involvement in an accident or until the covered employee undergoes a DOT/FTA
post-accident test, whichever occurs first.
10.0 Period of Coverage
1. Drug testing can be conducted at any time during a covered employee’s shift.
2. Alcohol testing can be conducted at any time during a covered employee’s shift.
11.0 Testing Methods
1. All drug and alcohol testing will be performed in accordance with 49 CFR Part 40,
as amended. A copy of this regulation will be made available upon request. The
testing methods are designed to protect the employee and the integrity of the
drug and alcohol testing process, as well as to safeguard the validity of the test
results and ensure test results are correctly attributed to the covered employee.
12.0 Test Requirement
1. All covered employees are required to submit to drug and alcohol tests as a
condition of employment. All covered employees are required to have a negative
drug test prior to performing a safety-sensitive function.
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13.0 Test Refusal
A drug and/or alcohol test refusal is defined by any of the following:
1. Failure to provide breath or urine sample.
2. Consuming alcohol within eight (8) hours following involvement in an accident
without first having submitted to post-accident drug/alcohol testing.
3. Insufficient volume without valid medical explanation.
4. Tampering with, adulterating, or substituting a specimen.
5. Failing to appear within a reasonable time.
6. Leaving the scene of an accident without just cause prior to submitting to a test.
7. Leaving collection facility prior to test completion.
8. Failing to permit an observed or monitored collection when required.
9. Failing to take a second test when required.
10. Failing to undergo a medical examination when required.
11. Failing to cooperate with any part of the testing process.
12. Failing to sign Step 2 of the alcohol test form.
13. Verification by the Medical Review Officer of an adulterated and/or a substituted
sample.
14. Once test is underway, failing to remain at site and provide a specimen.
15. Failure to appear. For pre-employment testing, this does not constitute a refusal
to test.
16. Failure to remain at site prior to commencement of test. For pre-employment
testing, this does not constitute a refusal to test.
17. Aborting the collection before the test commences. For pre-employment testing,
this does not constitute a refusal to test.
Refusal to take a non-DOT/FTA test or to sign a non-DOT/FTA form is not a refusal to
take a DOT/FTA test.
14.0 Consequences
1. Positive drug and/or alcohol (above 0.04) test result or test refusal will result in
removal from duty, and may result in discharge employment.
2. Breath alcohol test result of 0.02 to 0.039 will result in removal from duty for eight
hours or until the breath alcohol test result is 0.02 or less.
3. Dilute negative test results will be required to be retested.
4. An applicant or employee with a dilute negative test result, having a Creatinine
level greater than 5 mg/dl, but less than 20 mg/dl will be directed to take another
test immediately, under the direct observation in accordance with the directions
of the Medical Review Officer, as authorized under 49 CFR Part 40. No third
collection is authorized if the second collection is dilute; it becomes the test of
record.
5. Reassignment of duty and/or removal from duty may require medical leave of
absence immediately if the conditions warrant. Termination will take place if the
problem is not corrected within one (1) year.
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6. The employer shall pay for the initial examination and or testing. Any treatment
cost shall be the responsibility of the covered employee. The covered employee
may, at the covered employee’s cost, obtain a second opinion. This must be
done in a timely manner. The covered employee shall make the results of such
test available to the employer. Failure to divulge the second test results shall
exclude them from any and all considerations in any action. In the event of a
dispute between the employer’s and the covered employee’s doctors, a third
doctor shall be selected. The third doctor’s opinion shall be final and binding on
both the employer and the covered employee. The cost for the third doctor’s
opinion shall be split 50/50 between the employer and the covered employee, or
failing that, as recommended by the first two doctors.
7. Any covered employee that has a verified positive drug or alcohol test or a
refusal to test (including by adulterating or substituting a urine specimen) or any
other violation of the prohibition on the use of alcohol or drugs under a FTA
agency regulation will be removed from performing safety-sensitive functions,
informed of educational and rehabilitation programs available, and referred to a
SAP for assessment. No employee will be allowed to return to duty requiring the
performance of safety-sensitive job functions without the approval of the SAP
and the employer.
15.0 Prescription Drugs / Over-the-Counter Medication
1. While the appropriate use of legally prescribed drugs and non-prescription
medications is not prohibited, the misuse or abuse of legal drugs while
performing safety-sensitive functions is prohibited.
2. Additionally, all safety-sensitive employees must report to their supervisor when
they are prescribed controlled substance medications or recommended to use
over-the-counter medications that have warnings on the label indicating adverse
effects such as dizziness, drowsiness, drop in blood pressure, etc. or that state
an individual should not operate machinery or a vehicle when taking the
medications. The employee is not required to disclose the specific medications
being taken or prescribed, however the employee must obtain a Patient
Authorization for the Disclosure of Protected Health Information Form from their
supervisor and have it completed by the employee’s primary care or prescribing
physician. The employee cannot perform safety sensitive duties until the Patient
Authorization for the Disclosure of Protected Health Information Form is
completed and returned to the supervisor. Failure to disclose the use of
prescribed or over the counter medications that could adversely affect the safety
of the employee, co-workers, passengers or members of the public is a violation
of this policy and subject to disciplinary action.
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16.0 Additional Employer Provisions Allowed
1. Union contract.
2. Consistent with the Drug Free Workplace Act of 1988, all employees are required
to notify MOTA management of any criminal drug statute conviction. Failure to
comply with this provision may result in disciplinary action.
17.0 Policy Adoption and Notification Compliance
1. This policy was adopted with an effective date of December 15, 2008, and the
policy was subsequently distributed to all employees. This policy was updated on
April 18, 2011 and March 19, 2015. The updated policy was subsequently
distributed to all employees. Any future revisions of a substantive nature will
need to be approved by the MOTA Board of Directors.
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18.0 Contacts
Medical Review Officer
Dr. Natalie Hartenbaum
Medical Review Officer
FirstLab
100 Highpoint Drive, Suite 102
Chalfont PA 18914
(215) 396-5500
Substance Abuse Professional
Mary Ann Knuckles
Random Program Manager
6407 Idlewild Road, Suite 200,
Charlotte NC 28212
(800) 272-3350
HHS Certified Laboratory Primary Specimen
Trish Beck
Director – Strategic Initiatives
Laboratory Corporation of America
1904 Alexander Drive
Research Triangle Park NC 27709
(800) 833-3984
HHS Certified Laboratory Split Specimen
Stuart Bogema
Lab Director
Advanced Toxicology Network
3560 Air Center Cove, Suite 101
Memphis TN 38118
(888) 290-1150
19.0 Covered Safety Sensitive Job Classifications
2.
3.
4.
5.
6.
7.
8.
Executive Director.
Operations Supervisor.
Mechanic.
Mechanic Technician.
Dispatcher.
Vehicle Operators.
Any independent contractors that perform safety-sensitive functions.
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Patient Authorization for the Disclosure of Protected Health Information
This form is designed to comply with Title 42, Part 2 CFR and HIPAA rules regarding confidentiality of
medical records and patient communications with health care professionals.
PLEASE PRINT OR TYPE
Patient’s Name (Last, First, M.I.)
Date of Birth
Social Security No.
Address:
City:
State:
Zip
By signing this form, I authorize the attending physician and/or the medical facility named below to
disclose the following requested protected health information about me to the Mecosta Osceola Transit
Authority (MOTA).
The following information is requested by the management of MOTA to help determine whether, or
under what conditions, the listed patient and employee of the Mecosta Osceola Transit Authority will be
able to carry out their safety sensitive job functions at MOTA.
I hereby authorize the disclosure of the following information from my medical records
to to the Mecosta Osceola Transit Authority:
1. 1. Type of Medication/Treatment Currently Prescribed:______________________
_______________________________________________________________
2. 2. Medication/Treatment Side Effects, If Any:______________________________
________________________________________________________________
________________________________________________________________
3. 3. Are Employee Work Restrictions Required? Yes
□ No □
If Yes, For What Period of Time:________________________________
4. 4. Attending Physician’s Name:______________________________ MD
□ OD □
I may revoke this authorization at any time by sending such notification in writing to the attending
physician and/or the medical facility named above. My revocation will not apply to protected health
information already disclosed in response to this authorization. A photocopy of this document shall be
considered as valid and effective as the original. Unless revoked, this authorization will expire sixty (60)
days from the date of signature.
I understand that I have the right to inspect or copy the protected health information to be disclosed as
permitted under federal and state law, and/or to refuse to sign this authorization.
Signature of Patient: ___________________________
Date: _______________
Patient must be provided with a signed copy of this authorization form.
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