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HomeMy WebLinkAboutPolicy 22 - Drug Free Workplace Policy and ProcedurePage 1 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 A.Policy The Otay Water District (“District”) has zero tolerance for the use of controlled substances or the abuse of alcohol. Employees who are under the influence of a drug or alcohol on the job compromise the District’s interests and endanger their own health and safety as well as the health and safety of others. The District prohibits the use, possession, manufacture, distribution, or being under the influence of alcohol or controlled substances by any District employee while on District property or while on duty, except as specified herein. Violation of this policy is an act of misconduct meriting dismissal without prior warning or disciplinary action in accordance with the District’s Discipline Policy and Procedures. Effective January 1, 2024, the District will abide by California Assembly Bill 2188 (AB 2188). 1.Non-Discrimination: a.It is the District’s policy to comply with AB 2188, which prohibits discrimination against individuals based on the presence of non-psychoactive cannabis metabolites detected in employer-required drug screening tests. The District will not discriminate against employees or job applicants based on such test results. b.Exceptions for Safety Reasons: There are limited exceptions to the off-duty cannabis use policy. The following categories of employees are not covered by the protection of AB 2188: •Building and construction trades employees •Federal contractors •Federal funding recipients •Federal licensees required to maintain drug-free workplaces. 2.Cannabis Use on the Job: Employees are prohibited from possessing, being impaired by, or using cannabis while on the job. This includes all work-related activities and premises. Violation of this policy may result in Page 2 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 disciplinary action, up to and including termination. 3.Drug and Alcohol-Free Workplace: a.AB 2188 does not affect the District’s commitment to maintaining a drug and alcohol-free workplace. All employees are expected to comply with the District’s existing policies regarding substance abuse. Violation of these policies may result in disciplinary action, up to and including termination. B.Exceptions The following exceptions apply to this policy: 1.Events - Authorized Use of Alcohol The General Manager or their designee, at their discretion, may authorize the use of alcohol at a District event, subject to any conditions they elect to impose. 2.Prescription Medications And Over-The-Counter Drugs Employees are responsible to report to duty free from the effects of any controlled substance or alcohol. Covered employees must report the use of prescriptions and over-the-counter drugs that could have a disabling effect, bares a prescription warning label or otherwise adversely affect the covered employee’s fitness for duty or job performance to their immediate supervisor (without giving the name of prescription/over-the-counter drug). It is the covered employee’s responsibility to determine from the physician, pharmacist, or other health care professional whether or not the prescribed or over-the-counter drugs could affect the covered employee’s fitness for duty or impair job performance. Covered employees may be required to provide a written medical authorization to work from a physician, upon reporting the use of prescription or over-the-counter drugs. Failure to report the use of prescription or over-the-counter drugs that have disabling effects or otherwise affect the covered employee’s fitness for duty while at work and failure to provide proper evidence of Page 3 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 medical authorization to work may result in discipline, up to and including suspension and/or termination. The District may require a note from the employee’s doctor concerning authorization for a prescription and/or the possible side effects of the prescribed drugs. The District shall comply with all applicable laws concerning the privacy of employees’ medical information. With respect to an applicant, use of an over-the-counter drug, or a prescription-only drug under a prescription for the applicant, in the manner prescribed, will not disqualify the applicant for employment if they satisfactorily explain such use upon being informed of a positive test for controlled substances. The District may require a note from the applicant’s doctor concerning authorization for a prescription and/or the possible side effects of the prescribed drugs. C.Definitions 1.Accident: a.Any accident, in which an employee is driving on District business, and is at fault or suspected of having significantly contributed to an accident. This shall apply to employees covered under this policy. b.Any accident, not involving the driving of a District vehicle, that is reasonably believed by management or credibly reported by another person to have been caused by an on-duty employee and which results in serious physical injury. 2.Controlled Substance: a.Any drug or substance identified by section 40.85 of title 49 of the Code of Federal Regulations or sections 11054-11058 of the California Health and Safety Code. b.Any drug or substance. 3.Dilute Specimen: A specimen with creatinine and specific gravity values that are lower than expected for human urine or a specimen that is adulterated in any way. Page 4 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 4.Drug Paraphernalia: This term has the same definition as is used in section 11364.5(d) of the California Health and Safety Code and applies only to paraphernalia deemed unlawful under section 11364.5(d). 5.Manager/Management: A District employee who is designated as a supervisor, manager, or executive. 6.Medical Review Officer (MRO): A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results for substance tests and evaluating medical explanations for certain test results. 7.Negative: A person is considered to have tested negative for a substance if their substance test does not produce a positive result. 8.Positive: A person is considered positive for alcohol if they have an alcohol concentration of 0.04 or greater at the time they submit to testing. A person is considered positive for a Controlled Substance if they have any amount of a Controlled Substance at or above a “cutoff concentration” specified in section 40.87 of title 49 of the Code of Federal Regulations at the time they submit to testing. 9.Reasonable Suspicion: A reasonable suspicion exists that a person may be under the influence of a substance if a trained observer (who has received the appropriate training to recognize the signs and symptoms of drug and alcohol use) reasonably comes to the conclusion that the person may be under the influence of a substance due to having personally observed, with respect to the person, some or all of the effects specified in Appendix A of this policy. Additionally, a reasonable suspicion exists that a person is under the influence of a substance if an observer has seen the person use a substance. No one factor is sufficient to create a reasonable suspicion, but an observer may make a reasonable assessment based on the Page 5 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 quantity, degree, and/or severity of applicable factors. 10.Refusal to Submit to Testing. Each of the following constitutes a refusal to submit to testing: a.Failing to immediately report for substance testing when directed to do so; b.Failing to complete the testing process (including signing any forms necessary to authenticate or identify a specimen); c.Failing to provide an adequate amount of breath, oral fluids, or urine for a test; d.Failing to cooperate with any aspect of the testing process, including but not limited to refusing to wash hands when directed, being confrontational with testing personnel; e.Using or wearing a prosthetic device to interfere with the collection process; f.Admitting to adulterating or diluting the specimen; or g.Any act or failure to act that is intended to interfere with the testing or alter the results of the testing. 11.Safety-Sensitive Duties: Duties, which consist of any of the following: Operating any assigned District vehicle or equipment; Working in “confined spaces” as that term is defined in District regulations or Cal/OSHA regulations; Performing maintenance on any vehicle; Loading, unloading, or attending any District vehicle or equipment; Access to sensitive/classified information related to emergency response, safety, or security duties; Participation in Hazardous Materials (HazMat) and Confined Space Operations Rescue Team; Work performed at elevated or depth locations more than four Page 6 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 feet (4’) above or below ground; or Work involving the use or disposal of hazardous chemicals as that term is defined in District regulations or Cal/OSHA regulations. 12.Serious Physical Injury: An injury to an employee that causes the employee to be absent from work following an Accident or which requires hospitalization of the employee. 13.Substance: Any substance containing alcohol or any Controlled Substance. 14.Under the Influence: With respect to alcohol, a person is under the influence at the time they are ordered to submit to testing if they test Positive for alcohol at the time they submit to testing. With respect to Controlled Substances, a person is under the influence at the time they are ordered to submit to testing if they test Positive for a Controlled Substance at the time they submit to testing. D.Testing Procedures When an employee or applicant is to be tested, the District shall use the testing procedures that are used for testing under the DOT Drug and Alcohol Testing Policy, including the procedures for testing a “split specimen,” as that term is defined in section 40.3 of title 49 of the Code of Federal Regulations. The service providers shall comply with section 40.47 of title 49 of the Code of Federal Regulations except they shall use a non-federal custody and control form for applicants and employees. Drug Screening Method: As part of the District’s drug screening process on non-DOT positions, the District may utilize lab-based oral fluid testing. This method does not test for THC metabolites, specifically Carboxy-THC. Instead, the District’s focus is on detecting the parent drug, Delta-9-THC. This policy is subject to change based on future developments in the law or regulations, or available drug screening methods. 1.Alcohol Testing Alcohol testing will be conducted using evidential breath testing Page 7 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 devices (“EBT”) approved by the National Highway Traffic Safety Administration. A screening test must be conducted first. If the result is an alcohol concentration level of less than 0.02, the test is considered a Negative test. If the alcohol concentration level is 0.02 or more, a second confirmation test must be conducted. Alcohol testing shall be accomplished by Breath Alcohol Technician. 2.Controlled Substance Testing a.The test must be conducted by analyzing the employee's oral fluid. b.The sample shall be tested at a laboratory certified by the U.S. Department of Health and Human Services. c.The sample specimen must be split into two bottles labeled as “primary” and “split” specimen. Both bottles must be sent to the laboratory. d.If the primary sample specimen tests Positive for the presence of illegal Controlled Substances, the employee has 72 hours from time of notification by the MRO to request the split specimen be analyzed by a different certified laboratory. e.The sample shall be tested for the following: marijuana parent drug, cocaine, opioids, amphetamines, Methamphetamines, MDMA, Barbiturates, Benzodiazepine, Methadone, and phencyclidine (“PCP”). All tests will be performed following AB 2188. By using oral fluids the window of detection becomes less than urinalysis. f.If the test is Positive for one or more of the drugs listed in subsection “e” above, a confirmation test must be performed using gas chromatography/mass spectrometry analysis. g.All drug test results will be reviewed and interpreted by the MRO before they are reported to the District. Page 8 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 h.With all Positive drug tests, the MRO will contact the employee to determine if there is a medical explanation for the Positive test result. If documentation is provided and the MRO determines that there is a legitimate medical use for the prohibited drug, the test result will be reported to the District as Negative. E.Testing 1.Persons Subject to Substance Screening All applicants for employment will have a pre-employment drug test; All employees reasonably suspected of using Substances while on duty or on District property or while working while Under The Influence of Substances; All employees reasonably suspected of possessing, manufacturing, or distributing Substances while on duty or on District property; Any employee at fault or reasonably suspected of having significantly contributed to an Accident while on duty; Any employee who performs Safety-Sensitive Duties whose name is selected for testing pursuant to the District’s random testing procedure; or Any District employee who applies for and is selected for a position that will require the performance of Safety- Sensitive Duties. The list of positions requiring the performance of Safety-Sensitive Duties will be maintained by Human Resources. 2.Pre-employment, Promotions and Transfer Drug Screening Pre-employment Drug Screening: The District will conduct scientifically valid pre-employment drug screenings that do not screen for non-psychoactive cannabis metabolites. If a positive result is obtained from this testing, the District may take action Page 9 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 based on it, in accordance with applicable laws and regulations. All applicants for employment shall, as part of their pre- employment process, submit to a drug test or other legally authorized testing methods as selected by the District for Substances. Any District employee who applies for a position that will require the performance of Safety-Sensitive Duties shall, as a precondition to appointment to such position, submit to a urine analysis or other legally authorized testing method as selected by the District for Substances. 3.Random Testing of Safety-Sensitive Duty Employees Each year the District shall randomly conduct Substance tests of employees who perform Safety-Sensitive Duties. Based on the number of such employees employed by the District on January 1, the District shall conduct by the following December 31, a number of tests for Controlled Substances equal to 50 percent of the total number of employees who perform Safety-Sensitive Duties, or the minimum amount required by DOT regulations, whichever is greater. Within the same time period, the District shall randomly conduct a number of tests for alcohol equal to 10 percent of the same number of safety-sensitive employees, or the minimum amount required by DOT regulations, whichever is greater. The General Manager will contract with a third-party administrator (TPA) to perform the random selection of employee names for Substance abuse/alcohol testing. The service provider must ensure that every Safety-Sensitive employee has an equal chance of being selected each time a name is randomly drawn and that any employee whose name is selected is not exempt from having their name selected in any subsequent drawing in the same year. The service provider shall provide the selected names to the Safety and Security Specialist and/or Human Resources Manager, Page 10 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 or designee, who shall not disclose this information to any other person except to the employee selected for testing and the employee’s supervisor at the time that the employee is required to submit to testing. If the employee is absent from duty on a date that they have been randomly selected for testing, an alternate name may be selected or they may be required to submit to a test immediately upon returning to work, without prior notice. Upon being informed that they are required to submit to a random test, the employee must report to the testing location, as quickly as possible but no greater than one (1) hour from being informed, and complete testing directed by personnel at the testing location. Upon completing testing, the employee shall report back to duty if their duty day has not yet concluded. Random testing is separate from the other forms of testing described in this policy. An employee who submits to a Reasonable Suspicion or post-Accident test does not satisfy the requirement that they submit to a random test when ordered. 4.Post-Accident Testing If any employee is involved in an Accident that under this policy requires that the employee submit to Substance testing, the employee’s supervisor shall immediately contact Human Resources and the Safety and Security Specialist to report the Accident and the necessity of testing. After consultation with Human Resources, if it is determined that the employee should be tested, then the supervisor shall direct the employee to report to the testing location and complete the test as directed by personnel at the testing location. The supervisor shall arrange to transport the employee to the testing location. Upon completing testing, the employee shall report back to duty if their duty day has not yet concluded, unless a Reasonable Suspicion exists, based on the observation of the employee’s supervisor and in consultation with Human Resources, that the employee was Under the Influence of a Substance at the time or shortly after the Accident. If such a Page 11 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 Reasonable Suspicion exists, the employee shall be released from duty for the remainder of the day. The supervisor, in consultation with Human Resources, thereafter shall determine on a day-to-day basis whether to permit the employee to return to duty, until the results of the test have returned. If an employee has been ordered to submit to Substance testing for post-Accident testing, and Reasonable Suspicion exists, the District may place the employee on leave without pay pending the test results. If the employee’s test results are Negative, the District shall restore any salary lost by the employee for the days they were on leave, as though the employee had reported for duty. If the employee requires immediate medical assistance due to the Accident, such that they are unable to report to the testing location, the supervisor shall coordinate with the TPA and hospital to conduct the test or require the employee to report to the testing location as soon as is practicable. The determination as to whether an employee is involved in an Accident shall be made by the employee’s supervisor in consultation with the Safety and Security Specialist and Human Resources, based on the information available to they/them. If it cannot be immediately determined whether the employee was involved in an Accident, the supervisor shall not order the employee to testing until a determination can be made. The following criteria apply when conducting drug and alcohol tests due to an Accident: a.A breath alcohol test must be administered as soon as possible. Every effort should be made to ensure that a breath alcohol test is performed within eight (8) hours following the Accident. If testing has not occurred within eight (8) hours, attempts to test should be discontinued. However, if testing did not occur within eight (8) hours, and Reasonable Suspicion existed at the time or shortly after the Accident the employee may resume duties with their next shift that Page 12 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 begins after the eight (8) hours have passed. Prior to the employee’s return, management shall observe the employee’s condition before the employee is allowed to resume duties to ensure that there is no longer Reasonable Suspicion. b.A drug screening test should be initiated prior to the 32nd hour following an Accident. c.The employee must remain readily available for testing or he or she will be deemed to have refused the test (see Refusal to Submit to Testing). This rule does not require the delay of necessary medical attention for injured persons following the Accident nor prohibit the employee from leaving the scene to obtain assistance or necessary emergency medical care. d.An employee subject to post-Accident testing may not use alcohol within eight (8) hours following the Accident or before an alcohol test, whichever comes first. e.Testing will not be conducted on any deceased employee. f.The results of a breath test for the use of alcohol or a drug test for Controlled Substances, conducted by Federal, State, or local officials having independent authority for the test, shall be considered to meet the requirements of this policy provided such results are obtained by the employer, and conform to the applicable Federal, State or local requirements. g.The potentially affected employee will not be allowed to proceed alone to or from the collection site. Time spent complying with post-Accident testing is compensable. h.Documentation of the activity being performed by the employee that supports the determination to conduct post-Accident testing should be prepared and signed by the supervisor requesting the test within 24 hours of the Accident or before the results of the drug test are released, if possible. Page 13 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 5.Reasonable Suspicion Testing If a supervisor, manager, the Safety and Security Specialist, and/or other personnel has a Reasonable Suspicion that the employee is Under the Influence of a Substance while on District property or on duty, they shall consult with Human Resources about this observation to determine if testing is appropriate. After consultation with Human Resources, if it is determined that the employee should be tested, a supervisor shall direct the employee to immediately report for testing and complete the test as directed by personnel at the testing location. The supervisor shall arrange to transport the employee to the testing location. If the person who advises Human Resources of the Reasonable Suspicion is not the employee’s supervisor, Human Resources must immediately notify the supervisor of the Reasonable Suspicion, and the supervisor shall arrange to transport the employee to the testing location. The supervisor(s) witnessing the impairment must document the specific observations upon which the Reasonable Suspicion is based. Upon completing testing, the employee shall be released from duty for the remainder of the day. The supervisor, in consultation with Human Resources, thereafter, shall determine on a day-to- day basis whether to permit the employee to return to duty, until the results of the test have returned. If an employee has been ordered to submit to Substance testing for Reasonable Suspicion, the District may place the employee on leave without pay pending the test results. If the employee’s test results are Negative, the District shall restore any salary lost by the employee for the days they were on leave, as though the employee had reported for duty. The following criteria apply when conducting drug and alcohol tests due to Reasonable Suspicion: a.Alcohol A breath alcohol test must be administered as soon as possible. Every effort should be made to ensure that a breath Page 14 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 alcohol test is performed within eight (8) hours. If testing has not occurred within eight (8) hours, attempts to test should be discontinued and the employee may resume duties with their next shift that begins after the eight (8) hours have passed. However, prior to the employee’s return, management shall observe the employee’s condition before the employee is allowed to resume duties to ensure that there is no longer Reasonable Suspicion. b.Controlled Substances A test for Controlled Substances must be administered as soon as possible. Every effort should be made to ensure the sample is performed as soon as possible but no later than 32 hours of the observation. c.The employee may not proceed alone to or from the collection site. The supervisor or other appropriate person making the observation shall arrange to transport the employee to and from the testing site. d.Documentation to support the determination to conduct Reasonable Suspicion testing should be prepared and signed by the person who made the determination within 24 hours of the determination or before the results of the test are released, whichever is earlier, if possible. 6.Acknowledgment and Consent Any employee subject to testing under this policy will be asked to sign a form acknowledging the procedures governing testing, and consenting to (1) the collection of a sample to determine the presence of Controlled Substances, and/or Breath for Alcohol and (2) the release to the District of medical information regarding the test results. Refusal to sign the agreement and consent form, or to submit to the drug test, will result in the revocation of an applicant’s job offer, or will subject an employee to discipline up to and including termination. Page 15 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 7.Refusal to Submit to Testing If an applicant refuses to submit to testing for any Substance, the applicant is disqualified for employment. If a District employee who has applied for a position that requires the performance of Safety-Sensitive Duties refuses to submit to testing for any Substance, the employee is disqualified for such position. If an employee refuses to submit to testing for any Substance, the District may treat such refusal as an act of insubordination. The District shall also impose the same disciplinary action of dismissal for a refusal to test that it would impose for a Positive test result, so as not to encourage employees to refuse to test in the hope of avoiding more severe disciplinary action. The District may immediately place an employee on leave without pay if the employee refuses to submit for testing. 8.Refusal to Authorize Disclosure of Results of Testing If an applicant refuses to authorize the disclosure of the testing results to the District, the applicant is disqualified for employment. If a District employee who has applied for a position that requires the performance of Safety-Sensitive Duties refuses to authorize the disclosure of the test results to the District, the employee is disqualified for such position. If an employee refuses to authorize the disclosure of results of testing to the District, the District will impose the same disciplinary action of dismissal for a refusal to authorize the disclosure of results of testing, that it would impose for a Positive test result, so as not to encourage employees to refuse to authorize the disclosure of test results in the hope of avoiding more severe disciplinary action. 9.Positive Test If an applicant tests Positive for a Controlled Substance, they shall be disqualified for employment unless they meet the requirements for the over-the-counter/prescription drug exception Page 16 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 set forth in Section B(2) of this policy. If a District employee who has applied for a position that requires the performance of Safety-Sensitive Duties tests Positive for a Substance, the employee is disqualified for such position. If an employee tests Positive for a Substance, the employee shall not be returned to duty and shall not receive pay during their absence until the employee requests that the split urine specimen be tested and the test of that specimen is not Positive for a Substance. This unpaid absence shall not be considered a disciplinary or punitive action against the employee and any record of such absence shall be maintained separately from the employee’s personnel file. The absence is for the administrative and safety interests of the District. This unpaid absence has no effect on the District’s decision or ability to discipline an employee for violating this policy. If the MRO determines that an employee’s specimen is a Dilute Specimen and the specimen is Positive for a Substance, the employee shall be considered to have tested Positive for that Substance. If a Dilute Specimen produces a Negative result then the employee shall be required to submit to a second Substance test, in the manner prescribed in section 40.197 of title 49 of the Code of Federal Regulations. 10.Request for Retest If an employee tests Positive for any Substance, the employee may, within 72 hours of being notified of the Positive test result, request of the MRO that the split specimen be tested. If the employee does not submit a request within 72 hours, the employee shall be considered to have waived their right to have the split specimen tested. The employee shall pay for the cost of testing the split specimen. If the employee is unable to pay this cost at the time of the request, the District must ensure Page 17 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 that the split specimen is tested even if it means that the District may have to initially bear the cost. The District may recover the cost from the employee at a later time. If a split specimen does not produce a Positive result for a Substance, the District shall restore any salary lost by the employee as a result of an absence imposed because of the Positive result on the first specimen. The employee shall be considered to have not tested Positive for a Substance. The District shall also reimburse the employee for the cost of the retest if the employee paid for the retest. The District may not request that the split specimen be tested. F.Employee Assistance Programs The District may refer any employee, including an employee who is dismissed because of a Positive test for a Substance, to its employee assistance program. If in any instance the District is required to lawfully accommodate an employee’s disability related to Substance abuse, the District shall refer the employee to a Substance abuse professional. G.Suspicion of Possession/Distribution/Manufacture of Controlled Substances If a supervisor has a Reasonable Suspicion that an employee unlawfully possesses or is distributing or manufacturing a Controlled Substance or Drug Paraphernalia on or in District property, or while on duty, the supervisor must report this suspicion to Human Resources. 1.For purposes of Section G only, “Reasonable Suspicion” means the following: a.As to possession, the supervisor or a reporting credible source must have seen a Substance or item on the person of the employee, in the employee’s work area, or in or on District property assigned to the use of the employee that a reasonable person would believe is a Controlled Substance Page 18 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 or Drug Paraphernalia, or have seen in any of the same areas a container that a reasonable person would believe contains a Controlled Substance or Drug Paraphernalia. b.As to distribution, the supervisor must have seen the employee convey to another person a Substance or item that a reasonable person would believe is a Controlled Substance or Drug Paraphernalia, or have seen the employee convey a container to another person that a reasonable person would believe contains a Controlled Substance or Drug Paraphernalia, or have received a report of observation of the same from a credible source. c.As to manufacture, the supervisor must have observed conditions that a reasonable person would equate to the manufacture of a Controlled Substance or Drug Paraphernalia, which may include the observation of smell, appearance, or sound. The supervisor must also have observed conditions that would attribute suspected manufacture to the employee, such as observing these conditions in the employee’s work area or in or on District property assigned to the use of the employee. If the conditions are observed on the person of the employee, the supervisor must consider whether the employee reported to duty in such condition instead of changing to such condition while on duty or have received a report of observation of the same from a credible source. 2.After a report of a Reasonable Suspicion has been made to Human Resources, the Human Resources Manager must confer with management representatives to consider whether the reported observation constituted Reasonable Suspicion and decide what steps to take in response to the reported observation. a.If the decision is to take no further action, the matter will be dismissed. b.If the decision is to discuss the observation with the employee, Human Resources and the supervisor will meet with Page 19 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 the employee to discuss the observation. If as a result of the discussion, Human Resources and/or the supervisor believe that a search is necessary, they will confer with management representatives to determine whether a search will be conducted. c.If the decision is to conduct a search, the search must be limited to a search of District property, such as the employee’s work area (including desk drawers and file cabinets), District vehicle or equipment, and District facilities. The search may be performed by the Human Resources representative or another person designated by the Human Resources representative, which may include the supervisor. The employee does not need to be present during the search. If any material is retrieved that appears to bear out the supervisor’s Reasonable Suspicion, the Human Resources representative must take possession of the material. d.If the decision is to conduct a search and the distribution of Controlled Substances or Drug Paraphernalia is reasonably suspected, the search may include not only the work area/equipment of the employee suspected of distributing Controlled Substances or Drug Paraphernalia, but the work area/equipment of any employee whom was observed receiving the item from the employee suspected of distributing Controlled Substances or Drug Paraphernalia. The receiving employee is entitled to the same rights as the distributing employee. e.Any search of the person of the employee or personally-held possessions of the employee, such as a briefcase, purse, pocketbook, backpack or personal vehicle, must be conducted by a law enforcement officer. If the decision to conduct a search extends to these areas, Human Resources should contact law enforcement to request such a search. 3.If the Human Resources representative takes possession of any material as a result of the search, and the employee does not Page 20 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 confirm that it is a Controlled Substance or Drug Paraphernalia, the District shall contact the local law enforcement agency and will forward the Substance to have the item tested/analyzed to determine if it is a Controlled Substance or Drug Paraphernalia. If a law enforcement officer takes possession of an item as a result of a search, and the employee does not confirm that it is a Controlled Substance or Drug Paraphernalia, the District shall follow up with the law enforcement agency to verify the item is a Controlled Substance or Drug Paraphernalia. The employee shall not return to duty and shall not receive pay during their absence until the law enforcement agency has verified that the tested/analyzed item is not Positive for a Controlled Substance or Drug Paraphernalia. If the tested/analyzed item does not produce a Positive result for a Controlled Substance or Drug Paraphernalia, the District shall restore any salary lost by the employee as a result of the absence. H.Disciplinary Action Disciplinary action for violations of this policy will be taken in accordance with the District’s Discipline Policy and Procedures. I.Accommodation of Individuals with Disabilities Nothing in this policy shall be construed so as to relieve the District of its lawful obligation to accommodate individuals with disabilities. J.Confidentiality All alcohol and drug-testing records will be treated as confidential. Page 21 of 21 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject DRUG AND ALCOHOL-FREE WORKPLACE POLICY AND PROCEDURE Policy Number Date Adopted Date Revised 22 9/19/90 11/8/23 APPENDIX A INDICATION OF DRUG USE REMEMBER THAT THESE SYMPTOMS ARE ONLY INDICATIONS. THEY MAY BE A SIGN OF SOMETHING OTHER THAN DRUG OR ALCOHOL USE. THIS LIST IS NOT EXHAUSTIVE. PHYSICAL 1.Increased pulse rate 10. Nasal sores 2.Weak and rapid pulse 11. Slowed respirations 3.Increased blood pressure 12. Shallow respiration 4.Increased body temperature 13. Cold and clammy skin 5.Constricted pupils 14. Chills and sweats 6.Dilated pupils 15. Cramps 7.Bloodshot eyes 16. Nausea 8.Water eyes 17. Convulsions 9.Runny nose MENTAL AND EMOTIONAL 1.Increased alertness 10. Disorientation 2.Excitation 11. Visual illusions 3.Anxiety 12. Hallucinations 4.Irritability 13. Paranoia 5 Euphoria 14. Delirium 6.Increased emotionality 15. Irrational fears 7.Impaired attention 16. Panic 8.Impaired memory 17. Depressed mood 9.Altered perceptions BEHAVIORAL 1.Slurred speech 8.Hyperactivity 2.Staggered gait 9.Agitation 3.Fatigue 10. Argumentative 4.Apathy 11. Hostility 5.Drowsiness 12. Tremors 6.Loss of appetite 13. Insomnia 7.Increased appetite 14.Absenteeism patterns