The following procedures shall govern the district’s drug use and alcohol misuse prevention program:

1.       Program Coordinator

The superintendent or designee will be designated as the district’s drug use and alcohol misuse prevention program coordinator. The superintendent or designee will coordinate the district’s responsibilities and compliance efforts with the applicable provisions of the Omnibus Transportation Employee Testing Act of 1991 (OTETA). The superintendent or designee will:

1. Ensure that all covered employees receive written materials explaining the district’s drug use and alcohol misuse prevention program requirements including:

 

1. The district policy and administrative regulations;
2. A contact person knowledgeable about the materials, policy, administrative regulations and the OTETA;
3. Categories of employees covered;
4. Information about the safety-sensitive functions and what period of the workday the employee is required to be in compliance. Safety-sensitive functions shall include such responsibilities as all on-duty time waiting to be dispatched, driving time, assisting or supervising loading or unloading, repairing, obtaining assistance or remaining in attendance upon a disabled vehicle. All time spent providing drug and alcohol samples, including travel time to and from the collection or testing site as needed to comply with random, reasonable suspicion, post-accident, return-to-duty or follow-up testing, will also be considered as on-duty time;
5. Specific information concerning prohibited conduct;
6. Circumstances under which employees will be tested;
7. Procedures used in the testing process;
8. The requirement that covered employees submit to drug and alcohol testing, administered in accordance with 49 C.F.R. Part 382;
9. Explanation of what constitutes a refusal to submit to a drug and/or alcohol test;
10. Consequences of violations (e.g., discipline up to and including dismissal as may be required by the district and removal from safety-sensitive functions as required by the OTETA) and notification of resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and the use of drugs including the names, addresses and telephone numbers of substance abuse professionals (SAP) and counseling and treatment programs. Such information will include the consequences for covered employees found to have a breath alcohol concentration rate of 0.02 or greater, but less than 0.04, and for those employees found to have a breath alcohol content level greater than 0.04. Minimally, no driver tested and found to have a breath alcohol concentration rate of 0.02 or greater but less than 0.04 shall be permitted to perform or continue to perform safety-sensitive functions until the start of the driver’s next regularly scheduled duty period, but not less than 24 hours following administration of the test;
11. Information on the effects of drug use and alcohol misuse on an individual’s health, work and personal life; signs and symptoms of an alcohol or drug problem (driver’s or coworker’s); and available methods of intervening when such problems are suspected, including confrontation, referral to an employee assistance program as available and/or referral to the administration; and
12. Requirement of the district to collect, maintain and report the following information to the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse^[1]:

 

1. A verified positive, adulterated, or substituted drug test result;
2. An alcohol confirmation test with a concentration of 0.04 or higher;
3. A refusal to submit to any test required by subpart C of 49 C.F.R. Part 382;
4.  An employer’s report of actual knowledge (as defined at 49 C.F.R. § 382.107) of a violation of regulations, including:

                   i.        On duty alcohol use;
                   ii.       Pre-duty alcohol use;
                   iii.      Alcohol use following an accident;
                   iv.      Controlled substance use.

5. A SAP’s report of the successful completion of the return-to-duty process;
6. A negative return-to-duty test; and
7. An employer’s report of completion of follow-up testing.

 

2. Ensure that employees sign statements certifying that they have received the materials;
3.  Ensure that administrators or their designee, designated to determine reasonable suspicion, receive at least 60 minutes of drug abuse training and an additional 60 minutes of alcohol misuse training. Training will include the physical, behavioral, speech and performance indicators of probable drug use and alcohol misuse;
4.  Ensure district compliance with applicable provisions of the OTETA’s requirements regarding the district’s management information system, retention and confidentiality of records;
5.  Ensure selection of a site with appropriately trained personnel for the collection of specimens for drug testing;
6.  Ensure selection of a site with a certified breath alcohol technician and evidential breath testing devices for alcohol testing;
7.   Ensure selection of a laboratory certified by the Oregon Health Authority, Public Health Division (“OHA”) to conduct drug specimen analysis;
8.  Ensure selection of a qualified medical or osteopathic doctor to serve as a medical review officer (MRO) to verify laboratory drug test results;
9.  Ensure selection of qualified personnel to provide education and training to employees and supervisors in accordance with employee assistance program requirements as specified in the OTETA;
10.  Ensure the district’s drug use and alcohol misuse prevention program is maintained in at least outline form, on file and available for inspection at the district office. The district shall maintain the following:

 

1. Information on the effects and consequences of drug and alcohol use on personal health, safety and the work environment;
2. Information on the manifestations and behavioral changes that may indicate drug and alcohol use or abuse;
3. Documentation that drug training for all supervisory personnel has consisted of at least 60 minutes;
4. Documentation that alcohol training for all supervisory personnel has consisted of at least 60 minutes;
5. Documentation of training given to employees.

 

11. Ensure the establishment of clearly defined communication procedures to include the method (e.g., mail, facsimile) and frequency (e.g., monthly, daily, weekly) as well as the authorized individuals to impart and receive information to meet the documentation and confidentiality requirements of the OTETA;
12.  Ensure employee organizations receive written notice of the availability of all pertinent drug use and alcohol misuse prevention program information;
13. Ensure compliance with stand-down prohibitions as set forth by the OTETA. “Stand-down” means the practice of temporarily removing an employee from the performance of safety-sensitive functions, based on a report from a laboratory to the MRO of a confirmed positive test for a drug or drug metabolite, an adulterated test or a substituted test, before the MRO has completed verification of the test results. The district will not stand-down employees, except as provided by the FMCSA below:

 

1.  The district may seek a waiver of the prohibition against standing down an employee;
2.   Requests which include all required information will be submitted to FMCSA for approval.

 

2.       Pre-employment and Annual Queries from, and Required Reporting to FMCSA

The district is required to conduct a pre-employment query with FMCSA on drivers who are subject to controlled substance and alcohol testing regulation, and is required to report information obtained through its controlled substance and alcohol testing program to FMCSA. All offers of employment for positions identified by the district, as required by the OTETA, will be contingent upon the results of a pre-employment query.

1. The district will obtain written or electronic consent from a driver subject to controlled substances and alcohol testing to conduct a pre-employment query with FMCSA. The consent will include consent to obtain the following information:

 

1. If the driver has a verified positive, adulterated, or substituted controlled substances test result;
2. If the driver has an alcohol confirmation test with a concentration of 0.04 or higher;
3. If the driver has refused to submit to a test (in violation of 49 C.F.R. § 382.211); or
4. If the driver has a report submitted by another employer on actual knowledge (as defined at 49 C.F.R. § 382.107) of a violation of regulations that included:

a.       On duty alcohol use;     
b.       Pre-duty alcohol use;
c.       Alcohol use following an accident; or
d.       Controlled substance use.

The district will conduct annual queries^[2] with the FMCSA on employees subject to such queries as required by law.

2. The district will report^[3] to FMCSA the following personal information about a driver that is collected and maintained in connection with the district’s testing program:

 

1. An alcohol confirmation test with an alcohol concentration of 0.04 or greater;
2. A refusal to submit to an alcohol test pursuant to conditions found in 49 C.F.R. § 40.261 or a refusal to drug test determination made in accordance with 49 C.F.R. § 40.191(a)(1)-(4), (a)(8)-(11) or (d)(1), but in the case of a refusal to test under (a)(11), the district may report only those admissions made to the specimen collector;
3.  A SAP’s report of the successful completion of the return-to-duty process;   
4. A negative return-to-duty test; and
5.  An employer’s report of completion of follow-up testing.

The report will include, as applicable:

1. Reason for the test;
2. Driver’s name, date of birth, and CDL number and State of issuance;
3. Employer name, address, and USDOT number;
4. Date of the test;
5. Date the result was reported; and
6. Test result. The test result must be one of the following:

 

1. Negative (only required for return-to-duty tests administered in accordance with law);
2. Positive; or
3. Refusal to take a test.

 

7. An employer’s report of a driver’s refusal to submit^[4] to alcohol or drug testing must include the following information:

 

1.  Documentation, including, but not limited to, electronic mail or other contemporaneous record of the time and date the driver was notified to appear at a testing site; and the time, date and testing site location at which the employee was directed to appear, or an affidavit providing evidence of such notification;
2. Documentation, including, but not limited to, electronic mail or other correspondence, or an affidavit, indicating the date the employee was terminated or resigned (if applicable); and
3. Documentation, including a certificate of service or other evidence, showing that the employer provided the employee with all documentation reported herein.

 

8. An employer’s report of a violation of one of the following will occur by the close of the third business day following the date on which the employer obtains actual knowledge (as defined at 49 C.F.R. § 382.107):

 

1. On duty alcohol use;
2. Pre-duty alcohol use;
3. Alcohol use following an accident;
4. Controlled substance use.

This report will include the following information:

1. Driver’s name, date of birth, CDL number and State of issuance;
2. Employer name, address, and USDOT number, if applicable;
3. Date the employer obtained actual knowledge of the violation;
4. Witnesses to the violation, if any, including contact information;
5. Description of the violation;
6. Evidence supporting each fact alleged in the description of the violation required under paragraph above in this section, which may include, but is not limited to, affidavits, photographs, video or audio recordings, employee statements (other than admissions pursuant to §382.121), correspondence, or other documentation; and
7. A certificate of service or other evidence showing that the employer provided the employee with all information reported under paragraph above in this section.

If the district’s program coordinator is the subject of the testing, the district will ensure compliance with applicable consent, testing, and reporting requirements pursuant to law.

3.       Pre-employment Testing

The district shall conduct pre-employment testing as follows:

1. All offers of employment for positions as identified by Board policy and as required by the OTETA will be contingent upon drug test results;
2.  Individuals offered employment with the district and employees transferring to positions subject to the OTETA contingent on drug testing, must provide written consent for the release of any prior employer positive drug and failed alcohol testing results, refusals to be tested, other violations of testing regulations and, with respect to any employee who violated drug and alcohol regulations, documentation of the employee’s successful completion of return-to-duty requirements (including SAP evaluations and follow-up tests) within the preceding two years; 
3. The district shall obtain and review such drug and alcohol information from previous employers of the past two years before the driver is used for the first time. The district will provide the written permission of the driver, for release of information, to the previous employers;
4. The district will maintain a written, confidential record of information obtained from another employer or the good faith efforts to obtain such information, and will maintain the same for three years from the date the driver’s service began.
5.    ^[5]Requests received by the district for release of such information to another employer must include written consent from the subject driver. Records will be released immediately in any written form (e.g., fax, email, letter) that ensures confidentiality. The district will maintain a written record and summary of information released, the date, and to whom the information was released;
6. The district must ask a driver, and will not use such driver, if they have a positive drug test or a failed alcohol test while employed with a previous employer or who refused to test while under employment with a previous employer in the past two years unless the driver is in compliance with the SAP’s treatment program and the OTETA’s return-to-duty test requirements;
7. Prior to being directed by the district to a collection site for drug testing, the applicant will be notified that the urine sample collected shall be tested for the presence of drugs;
8. Failure to report to the collection site for testing within the time frame specified by the district shall constitute a refusal to report for testing and result in immediate withdrawal of the employment or transfer offer;  
9. Pre-employment drug testing will be paid for by the district;
10. Tests must indicate negative drug test results. Individuals who fail to meet such drug requirements will not be hired or transferred voluntarily or involuntarily to covered positions;
11. Such testing will also be required of covered employees each time an employee returns to work after a layoff period if the employee was removed from the random testing pool. As long as the employee remains in the random testing pool, additional testing or subsequent pre-employment drug testing will not be necessary following a layoff;
12. The district will notify individuals offered employment with the district contingent on drug testing of the results of such testing upon request within 60 days of being notified of the disposition of the employment application;
13. Refusal to submit to drug and alcohol testing and/or to provide signed permission for the release of past testing information as required by the district shall result in immediate termination from employment or transfer consideration;
14. The individual may request a screening of the split specimen at their own expense. All such requests must be received by the MRO no later than 72 hours following notification to the applicant of the positive test results.

 

4.       Post-accident Testing

The district shall conduct post-accident testing as follows:

1. As soon as practicable following an occurrence involving a commercial motor vehicle, the District shall test for alcohol for each of its surviving driver(s) (1) who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life or (2) who receives a citation within eight (8) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or one (1) or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

As soon as practicable following an occurrence involving a commercial motor vehicle, the District shall test for controlled substances for each of its surviving drivers(s) (1)  who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life or (2) who receives a citation within thirty-two (32) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or one (1) or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

1. The employee will report to the designated collection site for post-accident drug and alcohol testing as soon as practicable following the occurrence of the accident;
2. If alcohol testing has not been administered within two hours, the district shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered;
3. If alcohol testing is not administered within eight hours, the district shall cease attempts to administer an alcohol test and shall state and maintain on file a record specifying why the test was not administered;
4. If drug testing has not been administered within 32 hours following the accident, the district will cease attempts to administer such tests and will document why the test was not administered;
5. The employee will contact their supervisor as soon as practicable following the accident giving as much detailed information about the accident as possible (e.g., fatalities, injuries, tow-a-ways, traffic citation issued, etc.).

 

2. The district will provide employees with necessary post-accident testing information, procedures and instructions a a part of its employee training program. Additionally, written instructions to follow in the event of an accident will be provided in district vehicles as appropriate. Instructions will include locations of drug specimen collection and alcohol testing sites and telephone number of the district drug use and alcohol misuse prevention program coordinator or other district officials to contact;
3. The employee shall remain readily available for testing or may be deemed by the district to have refused to submit to testing. Such refusal is treated as if the district received an alcohol test result of 0.04 or greater or received a positive drug test. Nothing in this requirement shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care;
4. Results of a breath or blood test for the use of alcohol or a urine test for the use of drugs conducted by on-site federal, state and/or local law enforcement officials having independent authority for the test shall be considered to meet necessary requirements provided results of the test are obtained by the district and the tests conform to all applicable federal, state and/or local requirements;
5. An employee who is involved in an accident involving a fatality, injury and/or tow-away as described by the OTETA is prohibited from using alcohol for eight hours after the accident or until the employee undergoes a post-accident alcohol test, whichever occurs first.

5.       Random Testing

The district shall conduct random drug and alcohol testing annually as follows:

1. Not less than 25 percent of the average number of driver positions shall be tested for drugs and not less than 10 percent shall be tested for alcohol in accordance with current minimum random testing requirements of the OTETA. Any unfilled, covered positions will be included as part of the total number of positions counted by the district for testing rate purposes.
2. The testing rate may be adjusted by FMCSA based on industry wide data;
3. The testing process shall, in fact, be random. Unless advised otherwise by their consortium, all employees will remain in the pool of drivers for each subsequent period, including vacations, holiday periods and summer recesses, whether or not they have been chosen for testing in the past;
4. The selection of employees for random testing shall be made by a scientifically valid method. The process selected by the district will ensure that all employees shall have an equal chance of being tested each time selections are made. The district will use the following system:

Computerized system:

A random number generating program will be loaded into a computer along with the employees’ social security number, payroll identification number or other comparable identification number for the drivers.

6.       Reasonable Suspicion Testing

The district shall conduct reasonable suspicion drug and alcohol testing as follows:

1. The district will test covered employees when there is reasonable suspicion to believe that the employee has engaged in drug use or alcohol misuse;
2.  Reasonable suspicion will be based on specific contemporaneous, articulable observations made by a trained supervisor as designated by the district, concerning appearance, behavior, speech or body odors indicative of employee use of drugs or the misuse of alcohol. Observations of drug use may include indications of chronic and withdrawal effects of drugs and noticeable degradation of job performance that may be associated with the use of drugs;
3. Hearsay or secondhand information is not sufficient to require an employee to submit to testing;
4. Alcohol testing may be authorized only if observations resulting in reasonable suspicion are made during, just preceding or just after the period of the workday that the employee is required to be in compliance with this policy, administrative regulations and applicable OTETA provisions;
5.  A written record shall be made of the observations leading to a reasonable suspicion drug test and signed by the administrator or designee authorized to make such observations within 24 hours of the observed behavior or before the results of the drug test are released, whichever is earlier;
6. The district will ensure that the employee under reasonable suspicion is transported to the designated collection or testing site.

7.       Referrals, Evaluation and Treatment

The district shall provide information related to referrals, evaluation and treatment as follows:

1. The district shall advise covered employees, who violate the drug and alcohol prohibitions, of referral services available for evaluating and resolving problems associated with the use of drugs and the misuse of alcohol. Such information will include the names, addresses and telephone numbers of SAPs and counseling and treatment programs;
2. An employee who engages in such prohibited conduct shall be evaluated by a SAP;
3. The SAP will determine what assistance if any the employee needs in resolving problems associated with drug use and alcohol misuse;
4. This requirement applies only to current employees and not to job applicants who refuse testing or who test positive for drugs;
5. This requirement shall not be interpreted to require the district to provide or pay for any rehabilitation costs or to hold a job open for an employee with or without salary;
6. SAPs, as referred to in these administrative regulations, means:

 

1. Licensed physicians with knowledge of and clinical experience in the diagnosis and treatment of alcohol-related disorders;
2. Licensed or certified psychologists, social workers or employee assistance professionals with like knowledge; and
3. Alcohol and drug abuse counselors certified by the Association for Addiction Professionals (NAADAC). This does not include state-certified counselors.

8.       Return-to-Duty Testing

Employees, if they continue employment and before they return to duty, shall comply with the following:

1.  When an employee has previously tested greater than or equal to 0.04 for alcohol, the employee must retest (return-to-duty test) with an alcohol concentration of less than 0.02;
2. When an employee has previously tested positive for drug use, the employee must retest (return-to-duty test) with a verified negative test result.

9.       Follow-up Testing

Employees, if they continue employment, shall comply with the following:

1. Follow-up testing will be conducted whenever a SAP determines that an employee is in need of resolving problems associated with drug use and/or alcohol misuse;
2. Follow-up alcohol testing will be conducted only when the employee is performing safety-sensitive functions, just before or just after the driver has performed safety-sensitive functions;
3. Follow-up drug and alcohol testing will be unannounced^[6];
4. The number and frequency of such tests shall be determined by the SAP. Minimally, there shall be:

 

1. At least 6 unannounced tests in the first 12 months following the driver’s return to duty;
2. Testing shall not exceed 60 months from the date of the employee’s return to duty. The SAP, however, may terminate the follow-up testing at any time after the first six tests if the SAP determines the testing is no longer needed.

10.     Drug and Alcohol Testing Procedures

The district, in cooperation with contracted collection and testing facilities, shall maintain drug and alcohol testing procedures as follows:

          a.       Drugs

1. The applicant or employee reports to the district-designated collection site and provides positive identification (e.g., photo ID);
2. A urine sample for drug testing is provided. A “split specimen” (two urine specimen bottles) is prepared from the urine sample;
3. Following completion of a chain-of-custody form, both specimen bottles are forwarded to the OHA certified laboratory for analysis. The split specimen is stored at the laboratory for later testing as may be necessary. Initial testing is performed only on one specimen bottle;
4. Testing results are reported to the district-selected MRO by mail or electronic transmission. Results may not be given over the phone;
5. The MRO will verify negative and positive testing results;
6. The MRO will report the verified negative testing results to the district;
7. The MRO will report verified positive testing results to the applicant or employee, discuss the type of illegal substance found and determine whether there is any valid medical reason for the positive testing results;
8. A verified valid medical reason for a positive test result will be reported as a negative test result to the district;
9. If no legitimate medical reason exists for positive drug testing, the MRO will report a confirmed positive test result and identity of the substance(s) to the district;
10. The employee or applicant may request within 72 hours of a positive test notice that the split specimen (second bottle) be screened. Such screening costs will be paid for by the employee;
11. Unlike the original specimen analyzed for specific levels of controlled substances, the split specimen is analyzed only for the presence of drugs;
12. The MRO will report results of the second screening to the employee and the district;
13. The MRO will meet all the OTETA requirements including review of chain-of-custody control form, administrative processing of negative test results, verification of positive testing results, report to the FMCSA, and maintenance of confidentiality requirements as may be applicable;
14. Detailed drug testing procedures may be obtained by contacting the district’s drug use and alcohol misuse prevention coordinator or designee.

          b.       Alcohol

1. The employee reports to the district-designated testing site and provides positive identification;
2. Under the alcohol testing rule, an alcohol test result will be considered failing even if over-the-counter or legally prescribed medication is involved;
3. All alcohol screening tests will be conducted by a qualified breath alcohol technician using evidential breath testing devices;
4. Testing may be conducted at an OHA certified laboratory or other location including mobile facilities equipped for such testing as may meet the requirements of the OTETA;
5. District supervisors should generally not be used as a breath alcohol or screening test technician for covered employees. Under certain circumstances, a properly trained district supervisor may conduct such testing in the absence of another technician;
6. The employee submits to breath or saliva testing;
7. If the result of the testing indicates an alcohol concentration rate of 0.02 or greater, a confirmation breath test is administered after at least 15 minutes, but no longer than 30 minutes, after the initial testing. All confirmation tests will be conducted using evidential breath testing devices;
8. The technician will report any invalid tests, confirmed failing and passing results to the district;
9. Employee refusal to sign forms as required (i.e., Step 2 on the Alcohol Testing Form) shall be considered as refusal to be tested;
10. The breath alcohol or screening test technician will meet all OTETA requirements including such testing procedures, Alcohol Testing Form and confidentiality requirements as may be required;
11. Detailed alcohol testing procedures may be obtained by contacting the district’s drug use and alcohol misuse prevention program coordinator or designee.

 

11.     Positive Test Result

When the MRO determines a positive test result is valid, the MRO will report the finding to the Oregon Department of Transportation (ODOT) and the Oregon Department of Education. The person who is the subject of the test results will be notified by ODOT that the person has a right to a hearing to determine whether the test results reported will be placed in the employee’s employment driving record.

12.     Record Keeping/Record Reporting

The district shall maintain records of its drug use and alcohol misuse prevention program as follows:

          a.       Records related to the collection process:

1. Documents relating to the random selection process;
2. Documents generated in connection with decisions to administer reasonable suspicion drug or alcohol testing;
3. Documents generated in connection with decisions on post-accident testing;
4. Documents verifying the existence of an explanation of the inability of an employee to provide adequate breath or to provide a urine specimen for testing;
5. An annual calendar year report summarizing results of the district’s drug use and alcohol misuse prevention program will be prepared and maintained when requested by FMCSA as part of an inspection, investigation, special study or for statistical purposes;
6. Documentation of breath alcohol or screening test technician training while the individual performs the functions which require the training.

          b.       Records related to each query:

1. Documents related to consent of any query;
2. Documents related to information received for a pre-employment or annual query;
3. Documents related to meeting reporting requirements.

c.       Records related to pre-employment verification with a driver’s previous employer

          d.       Records related to a driver’s test results, including:

1. The district’s copy of the alcohol testing form, including the test results;
2. The district’s copy of the controlled substance test custody and control form;
3. Documents sent by the MRO to the district;
4. Documents related to the refusal of any employee to submit to drug and/or alcohol testing;
5. Documents presented by a driver to dispute the results of a drug and/or alcohol test administered in connection with the requirements of the OTETA.

          e.       Records related to evaluations as follows:

1. Records pertaining to a determination by a SAP concerning an evaluation of covered employees’ need for assistance;
2. Records concerning a driver’s compliance with recommendations of the SAP.

          f.        Records related to education and training as follows:

1. Materials on drug use awareness and alcohol misuse including a copy of the district’s policy and administrative regulations on drug use and alcohol misuse and related information;
2. Driver’s signed receipt of education materials;
3. Documentation of training provided to supervisors for the purpose of qualifying the supervisors to make a determination concerning the need for drug and/or alcohol testing based on reasonable suspicion;
4. Certification that any training conducted in compliance with the OTETA meets all pertinent requirements for such training.

          g.       Records related to alcohol and drug testing as follows:

1. Agreements with collection site facilities, laboratories, MROs and consortia (includes breath alcohol technicians, screening test technicians and third party providers), as applicable;
2. Names and positions of officials and their role in the district’s drug and alcohol testing program(s);
3. Semiannual laboratory statistical summaries of urinalysis as required by the OTETA and as reported by the laboratory. The district will document laboratory failures to provide statistical summaries and any district follow-up efforts to obtain such reports.

          h.       Records will be retained by the district as follows:

1.       Five Years:

a)     Records of employee alcohol-testing results with results indicating an alcohol concentration of 0.02 or greater;
b)    Records of verified positive drug testing results;
c)     Documentation of refusals to take required drug and/or alcohol tests;
d)    Employee evaluation and referrals;
e)     Testing program records including violations;
f)      A copy of each annual calendar year report summary;
g)     Equipment calibration documentation when required (See 12. a. (7)).

           2.       Three Years:

a)     Records related to each query and all information received in response to each query. Documentation of a consent will be retained for three years from the date of the last query.
b)    Pre-employment records obtained, or good faith efforts to obtain, from a previous employer about a driver.

                   3.       Two Years:

Records related to the drug and alcohol collection process (except calibration of evidential breath testing devices).

                   4.       One Year:

Records of negative and cancelled drug-testing results and alcohol test results with a concentration of less than 0.02.

                   5.       Indefinite Period:

Records related to the education and training of breath alcohol technicians, screening test technicians, supervisors and drivers shall be maintained by the district while the individual performs the functions which require training and for two years after ceasing to perform those functions.

          i.        Records will be maintained in a secure location with controlled access to ensure confidentiality requirements are met as follows:

1. Drug use and alcohol misuse prevention program records will be maintained at the district office. Records relating to individual employee drug and/or alcohol testing, evaluation and treatment will be maintained separately from the employee’s personnel file;
2. Employees are entitled upon written request to obtain copies;
3. The district may disclose information in connection with employee benefit proceedings, Department of Transportation agency action against an employee or National Transportation Safety Board safety investigations;
4. The district shall disclose such information^[7] to subsequent employers upon written request from the employee (in accordance with 49 C.F.R. § 382.413).

 

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[1] https://clearinghouse.fmcsa.dot.gov/
[2] Written consent from the driver is required. This may be a limited query when allowed. If the limited query indicates that the FMCSA contains information on the driver, the district will conduct a full query within 24 hours and must not allow driver to perform safety-sensitive functions.
[3] The district will complete such reporting to FMCSA by close of the third business day following receipt of the information.
[4] 49 C.F.R. § 40.261(a)(1) or 40.191(a)(1)
[5] Pertains to requests received by the district from other employers.
[6] A follow-up test shall not also serve as a random test, and vice versa.
[7] Information that must be disclosed to subsequent employers upon receipt of proper authorization form/release signed by the employer’s ex-driver: (a) Failed alcohol tests (breath alcohol content of 0.04 or greater); (b) Verified positive drug test; (c) Refusals to test.