Transcript The ALCOHOL And DRUG TESTING (DAT) Program

True or False?
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White collar workers have fewer drug
problems than blue collar workers.
Marijuana leaves the body with 28 days
of smoking it.
Alcoholics drink every day.
It’s safe to experiment with “ice” for a
few months.
Hawaii consumes more beer per person
than any other state in the nation.
Leeward Community College
The
ALCOHOL And DRUG
TESTING (DAT)
Program
Mandatory Presentation to College Employees
of HGEA Bargaining Units 02, 03, and 04
March 1, 2007, GT-105
Announcements:
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This presentation is
an example of
“preaching to the
choir.”
The program to be
presented is NOT
about Random Drug
Testing.
Purpose
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Keep the workplace free from the hazards of
alcohol and controlled substance use.
Promote employee performance of duty in a
safe and productive manner.
Provide “due process” for employees subject to:
 Drug and alcohol testing, and
 Disciplinary actions that may result.
Source Documents
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Memorandum of Agreement (MOA)
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February 14, 2003
Hawaii Government Employees Association (HGEA)
Hawaii State Government & County Governments
New collective bargaining provision
Bargaining units (BU) 02, 03, 04, 09, and 13
Executive Order 03-10
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October 24, 2003
Excluded employees of BU 02, 03, 04, 09, and 13
Definitions
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ALCOHOL: “An intoxicating agent in beverage
alcohol, ethyl alcohol, or other low molecular
weight including methyl alcohol and isopropyl
alcohol.”
CONTROLLED SUBSTANCE (DRUG): “Substance
other than alcohol such as marijuana, cocaine,
opiates, amphetamines, and phencyclidine.
Other substances under the Controlled
Substance Act may be added after consultation
and mutual agreement with Union.”
DAT Categories of Employees
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Reasonable Suspicion: All Employees
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Post-Accident: Regular Drivers
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Random: Health, Safety, or Public Trust (HSPT)*
Employees
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Pre-Duty: Employees Applying For HSPT TA
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Probationary: Initial/New HSPT Employees
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Return to Work: Employees Who Test Positive
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Follow-Up: Employees Continuing Rehabilitation
After A Negative Return to Work Test
* Deputy Sheriffs and Conservation & Resource Enforcement Officers Only
Categories of LCC Employees
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Reasonable Suspicion: All Employees
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Return to Work: For Employees Who Have
Tested Positive
Follow-Up: Employees Continuing
Rehabilitation After A Negative Return to
Work Test
Reasonable Suspicion
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BU 02 (Blue Collar Supervisor): Article 50
BU 03 (White Collar Employee): Article 52
BU 04 (White Collar Supervisor): Article 50
“The Union and Employer have reached an agreement
on alcohol and controlled substance testing.
Part one of the agreement pertains to
alcohol and controlled substance testing
for all Employees
based on ‘reasonable suspicion’…”
Prohibitions - Alcohol
1. Report to work and work with alcohol
concentration of 0.04 or higher.
2. Possess alcohol while working.
3. Consume alcohol while working.
4. Work within 4 hours after using alcohol.
5. Use of alcohol for 8 hours after an accident, or
until employees completes alcohol test.
6. Work after voluntarily admitting to alcohol
problem until a negative return to work test is
received.
7. Refuse to submit to a required alcohol test.
Prohibitions - Drugs
1. Report to work and work with a controlled
substance in system EXCEPT when prescribed
by employee’s physician and used as directed.
2. Possess alcohol while working EXCEPT when
prescribed by employee’s physician and used as
directed.
3. Work after voluntarily admitting to controlled
substance problem until a negative return to
work test is received.
4. Refuse to submit to a required alcohol test.
Reasonable Suspicion
“A supervisor* may direct an employee
to submit to an alcohol and/or
controlled substance test when that
supervisor has reasonable suspicion to
believe an employee have violated
the prohibitions.”
_______________________________
* Employer designate (LCC Administrator or HR staff) who
every 5 years has undergone training of at least 1 hour of
alcohol misuse training and 1 hour of controlled substance
use and indicators of probable use and misuse. LCC officials
underwent 4 hours of DAT training in July 2006.
Reasonable Suspicion
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Based on specific contemporaneous*,
articulable** observation by Supervisor of
employee’s appearance, behavior, speech,
or body odor.
Observed employee witnessed by another
employee.
Written record of observation within 24
hours of observation with copy to
employee.
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* Current or recent; without unreasonable delay.
** Recognized symptom of impairment of alcohol or controlled
substance use, and not reasonably explained by other
causes.
Testing - General
Should there be reasonable suspicion of a
violation of the prohibitions, you will receive an
Alcohol and/or Controlled Substance Test
Notification.
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Purpose: Test for Alcohol and/or Controlled
Substance
Type of Test: Reasonable Suspicion
Employee to be Tested: Name and Department
Test Information: Date, Time, and Location
Other: “I understand…” Statement
Testing - Alcohol
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Comply with U.S. DOT rules (as defined)
Protect employee’s privacy and be attributable
to correct employee
Method:
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Evidential Breath Test Device (EBT)
Conducted by a Breath Alcohol Technician (BAT)
Vendor: Clinical Laboratories of Hawaii
Positive: < 0.04 alcohol concentration level
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Confirmatory test mandatory
Testing – Controlled Substances
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Comply with U.S. DOT rules (as defined)
Protect employee’s privacy and be
attributable to correct employee
Method:
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“Split Sample” Urinalysis
Immunoassay & Gas Chromatography
Vendor: Clinical Laboratories of Hawaii
Positive: Detection of controlled substances
at prohibited concentration levels
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Medical Review Officer (MRO)
3rd Party Certified Laboratory
Testing – Primary Question
Is there a requirement that you
submit to alcohol and drug
testing if directed?
YES
An employee who refuses to
“submit to a required test”
shall be discharged.
Refusal to Test
1. Fails to provided adequate breath for alcohol
testing without valid medical explanation.
2. Fails to provide adequate urine sample for
controlled substance testing except as
determined by medical evaluation.
Refusal to Test
1. Fails to provided adequate breath for alcohol
testing without valid medical explanation.
2. Fails to provide adequate urine sample for
controlled substance testing except as
determined by medical evaluation.
3. Engages in conduct that obstructs the testing
process such as:
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Refusal to take a test by statement or action.
Refusal to sign appropriate forms as required.
(Continued)
Refusal to Test -Continued
3. Engages in conduct that obstructs the testing
process such as: (continued)
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Failure to report for a scheduled appointment.
Failure to report at collection site in allotted time.
Failure to provide adequate breath or urine specimen
with reasonable time period.
Tampering with or attempting to adulterate specimen
or collection procedure.
Failure to cooperate or comply with BAT, MRO, or
Substance Abuse Professional (SAP).
Engages in conduct that clearly obstructs the testing
process.
2 Strikes and You’re Out
1. First Positive Test: Employee Is Discharged…
Unless…Signs “Last Chance Agreement”
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Will resign in event of 2nd positive test;
Accept an immediate 20 working day suspension;
Submit to SAP evaluation and complete all
educational and rehabilitation requirements;
Submit to Return to Work and follow-up testing
recommended by SAP; and
Pay for all treatment and rehabilitation costs.
2 Strikes and You’re Out
1. First Positive Test: Employee Is Discharged…
Unless…Signs “Last Chance Agreement”
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Will resign in event of 2nd positive test;
Accept an immediate 20 working day suspension;
Submit to SAP evaluation and complete all
educational and rehabilitation requirements;
Produce negative test result.
Submit to Return to Work and follow-up testing
recommended by SAP.
2. Second Positive Test: Employee Is Discharged.
Who Pays?
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Employer Expenses:
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All Required DAT Tests
SAP Evaluations & Services
Employee Expenses:
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Split Urinalysis Testing: 3rd Party Laboratory
Education and Rehabilitation Program
Training Program
Tests in Rehabilitation Program (as required)
Employer MOA Requirements
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Obtain a signed statement from the employee that you
have been provided Employee’s Handbook.
Explain the Drug & Alcohol Testing Program:
 DAT employee categories;
 Prohibited conduct;
 Circumstances that may result in D & A testing;
 Procedures that will be used;
 “Refusal to Test” definition and examples;
 Consequences for violating Agreement;
o Effects of alcohol and controlled substances; and
o Employee designate information.
Effects of Drugs and Alcohol
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Employee’s Handbook
Alcohol: Pages 22-25
Marijuana: Page 26
Cocaine: Page 27
Opiates: Pages 27-28
Amphetamines: Page 28
Phencyclidine: Page 29
Employer Designates
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Michael Pecsok, Interim Vice Chancellor for Academic
Affairs/Chief Academic Officer
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James Goodman, Interim Dean, Arts & Sciences
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Michael Tagawa, Dean, Career & Technical Education
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Nicole Striegel, Dean, Student Services
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Mark Lane, Vice Chancellor for Administrative Services
_________________________________________________________________________________________________________________________________________
Michael Wong, Campus Personnel Officer
Lori Lei Hayashi, Personnel Officer
Darren Wastell, Personnel Officer
Questions?
True or False?
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White collar workers have fewer drug
problems than blue collar workers. FALSE
Marijuana leaves the body with 28 days of
smoking it. FALSE
Alcoholics drink every day. FALSE
It’s safe to experiment with “ice” for a few
months. FALSE
Hawaii consumes more beer per person
than any other state in the nation. TRUE
THANK YOU FOR
ATTENDING!
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Complete, sign, and return form
Get your Employee’s Handbook