PAP.17.8.050 Drug and Alcohol Testing Procedures

Drug tests require laboratory testing as provided by the Mandatory guidelines for Federal Workplace Drug Testing Programs pursuant to 94 FR 28101, May 15, 2015 as amended, as minimum standards for the following classes of drug and correlative cutoff concentrations: Cocaine; Opiates including opium and codeine derivatives such as Oxycodone, Oxymorphone, Hydrocodone, Hydromorphone; Amphetamines and Methamphetamines including Methylenedioxyamphetamine (MDA) and Methylenedioxyethylamphetamine (MDEA); Phencyclidine (PCP). Nothing precludes the Human Resource Director, or designee, from testing for substances which are not included on this list, should the General Manager, or designee, determine it is in the best interests of the Corporation to include substances which are not listed above to ensure a drug free workplace. Employees are encouraged to contact the Human Resources designee, with any questions regarding drug and alcohol testing. Failure or refusal to participate in an employer-directed drug test is considered insubordination and the employee will be terminated for insubordination.

(a) General Drug and Alcohol Testing Procedures. In cases where an employee is required to undergo testing for the presence of alcohol or drugs (pre-employment, probable cause, and post-accident) the following procedures shall apply:

(1) LCO-CHC using a licensed laboratory of the LCO-CHC choice that conducts substance abuse testing that is deemed appropriate by the BFGC Board of Directors for business purposes; i.e., screening and confirmatory testing, will take a sufficient sample to assure that confirmation testing can occur in the event of an initial positive test result. The initial cost for this testing will be incurred by the BFGC.

(2) The laboratory evaluation of the samples will be carried out by a laboratory that is contracted with the LCO-CHC and is certified by either the College of American Pathologists or the National Institute on Drug Abuse.

(3) In the event of a positive test result, a confirmation test will be performed by a laboratory specified in Section PAP.17.8.050(a)(2) above, using the original sample (not a new sample). The confirmation test will be based on a different analytical method of higher analytical certainty.

(4) The employee within two (2) working days of the results must request any further confirmation testing (using the original sample) by a laboratory specified in subs. 1(a) above, in writing. Costs of confirmation testing incurred will be paid by the employee.

(5) The results of any drug or alcohol tests shall be kept confidential, except information shall by Management as deemed necessary. All policies regarding employee personnel records shall be strictly adhered to and followed in accordance with the provisions of this Manual.

(6) A portable breath test (PBT) conducted by a Class 1 PBT Certified person of the LCO-CHC choice that is deemed appropriate by BFGC Board of Directors for business purposes shall be utilized for alcohol testing.

(b) Pre-Employment Testing.

(1) An applicant for employment will be required to undergo testing for illegal drugs and prescribed medication for which they do not have a valid prescription as a condition of employment. If the applicant is suspected to be under the influence of alcohol at the time of their pre-employment drug screen, a PBT may be requested.

(2) Applicants who test positive for alcohol, illegal drugs, and/or prescribed medication for which they do not have a valid prescription, shall be denied employment.

(3) An applicant who initially declines a drug test will be denied employment and not eligible for employment for 90 days.

(c) Probable Cause Testing Procedures.

(1) Upon a finding by an employee's supervisor that there is probable cause that the employee is either under the influence of alcohol (under the influence shall mean a blood alcohol concentration of 0.02 grams of alcohol per 100 milliliters of a person's blood or while the person has 0.02 grams of alcohol per 210 liters of a person's breath) or drug abuse that is impairing the employee's ability to carry out job-related activities, the employee shall be required to be tested for the presence of drugs or alcohol pursuant to Section PAP.17.8.050(c)(3), below. A finding of probable cause and directive requiring the employee to submit to testing for drugs or alcohol must be in writing signed by the employee's supervisor. The probable cause finding must be supported by evidence of specific, personal observations concerning job performance, appearance, behavior, speech, or bodily odors of the employee. If hearsay information is received, such information must be corroborated by personal observations, or observations and evaluation by management, or designee.

(2) Once an employee's supervisor has determined that probable cause pursuant to Section PAP.17.8.050(c)(1), above exists, the employee's supervisor shall immediately contact the General Manager or designee.

(3) Upon receiving contact from an employee's supervisor, the General Manager or designee shall have the employee drug tested and if alcohol related have the employee submit to a portable breath test (PBT) conducted by a Class 1 PBT Certified person. If the employee refuses to take a test (including but not limited to a drug test, drug urine test, or PBT test) after being required to do so, the employee is thereby insubordinate and considered to be in violation of the Drug Testing Policy and shall be terminated.

(4) Upon receipt of a positive test result, the employee shall be immediately relieved of their duty station and will be subject to disciplinary action, and the positive test sample will be sent for a confirmation test result pursuant to Section PAP.17.8.050(a) above. In all cases, an employee may face legal consequences for his/her actions.

(d) Post-Accident Testing Procedures.

It is the BFGC policy that an alcohol and drug test will be given to any team member involved in a work-related accident or injury event requiring professional medical treatment (EMT, paramedics, and other professional medical providers) for her/himself, another team member or guest. A work-related injury is an accident while on the clock and performing a work-related duty whether on property or off property so long as the act of which was being done at the time of the incident was for the purpose of work.

(1) The team member must report to the General Manager, or designee within eight hours (regardless of time of day or day of week) of the reported accident or injury unless they are still under the care of a professional medical provider.

(2) The General Manager, or designee shall have the employee drug tested and if alcohol related have the employee submit to a portable breath test (PBT) conducted by a Class 1 PBT Certified person. If the employee refuses to take a test (including but not limited to a drug test, drug urine test, or PBT test) after being required to do so, the employee is thereby insubordinate and considered to be in violation of the Drug Testing Policy and shall be terminated. A team member who receives a negative test result will immediately report back to their department. A team member who receives a positive test result must submit to a second test.

(A) Five (5) minutes following the Preliminary Test, the team member will receive a second Breathalyzer test. A team member who receives a negative test result will immediately report back to their department. A team member who tests positive on the Second Breathalyzer Test will be in violation of the company Drug-Free Workplace policy.

(B) A team member whose alcohol test has a positive Blood Alcohol Concentration (BAC) reading of .01 to .029 will be sent home for the day. If a team member is 0.03 or higher, and/or the drug test is positive for a substance they admit not having permission to take, is considered in violation of the employer's Drug-Free Workplace policy. A team member will be offered a ride home if they are sent home for a positive Preliminary Breathalyzer Test (PBT).

(3) Upon receiving a presumptive positive result of the first drug test, the General Manager, or designee will seal the sample to be sent to the lab for confirmation. Every effort will be made to keep this information confidential.