HomeMy WebLinkAbout2021-003 - Res. Amending Res. 01-96 Drug and Alcohol Testing Policy and Procedure for DOT Regulated Employees RESOLUTION NO. 7ZU-003
AMEND RESOLUTION 01-96 MASON COUNTY DRUG AND ALCOHOL TESTING POLICY AND
PROCEDURE FOR DEPARTMENT OF TRANSPORTATION REGULATED EMPLOYEES
WHEREAS, Federal regulations require that Mason County conduct alcohol and controlled substance
testing of drivers who operate commercial motor vehicles; and
WHEREAS,the policy and procedures provide guidelines for circumstances under which the Federal
Motor Carrier Safety Administration and the United States Department of Transportation mandated
testing must be conducted; and
WHEREAS, Mason County expects all drivers to work drug and alcohol free at all times.
NOW,THEREFORE BE IT RESOLVED by the Board of Commissioners of Mason County to amend
Resolution 01-96 Mason County Drug and Alcohol Testing Policy and Procedures by adding an updated
policy and procedures to reflect current regulations under both the Federal Motor Carrier Safety
Administration and the United States Department of Transportation (attachment A).
ADOPTED this k* day of January 2021.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST:
Rangy NeatheNn, Chair
McKenzie SnVth, ClAft of the Board 9-210
APPROVED AS TO FORM: Kevin Shut ommissioner
im-Whitehea Sharon Trask, Commissioner
Chief Deputy Prosecuting Attorney
C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\B25G21E RResolution-Drug Alcohol Testing
Policy Procedure 01042021.doc
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MASON COUNTY
Drug and Alcohol Policy for Commercial Drivers License (CDL)
` Department of Transportation regulated employees
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Resolution
Federal regulations require that Mason County conducts alcohol and controlled substances testing of drivers
who operate commercial motor vehicles. For the purpose of this policy, the employee will be referred to as
"driver". This policy provides guidelines for circumstances under which the Federal Motor Carrier Safety
Administration (FMCSA) and the United States Department of Transportation (DOT) mandated testing must be
conducted. Of course, all the details of every possible situation cannot be anticipated, so Mason County
reserves the right to determine the appropriate application of this policy and general employment policies to
any particular case.
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Employees covered by this policy have been provided a copy of these FMCSA/DOT provisions and by
signature verify that they have read and understand the policy. Drivers should note that in addition to the
required DOT regulations, they are also subject to Mason County's Drug and Alcohol Policy and
Procedure. Throughout this policy, any provisions that are based on Mason County's sole authority (vs.
mandated by federal regulations) will be underlined.
Mason County expects all drivers to work drug and alcohol free at all times. If you have any questions about this
policy the following individuals are available to contact:
Mason County Human Resources Manager
360-427-9670 Ext. 422
The following conditions and activities are expressly prohibited:
The manufacture, sale, use or possession of alcohol, any controlled or illegal substance (except strictly in
accordance with medical authorization) or any other substances which impair job performance or pose a
hazard, when use or possession occurs on Mason County premises or property, or during work time, or while
representing Mason County in any work-related fashion.
Reporting for work having consumed alcohol or used illegal drugs or controlled substances at a time, or in such
quantities, or in a manner that may impair work performance. For purposes of this policy, having any
detectable level of an illegal or controlled drug, or alcohol with an alcohol concentration of.02 or greater, in
one's system while covered by this policy will be considered to be a violation.
Alcohol and Drug Problems
In some cases alcohol and drug abuse can be a result of chemical dependency that can be successfully
treated with professional help. Drivers who are having problems with alcohol or drug use are encouraged to
seek voluntary counseling and treatment. It is the driver's responsibility to seek help when needed, and to do
so before substance abuse causes problems on the job, results in a positive drug or alcohol test or results in
disciplinary action.
Drivers who admit to alcohol misuse or controlled substances use are not subject to the referral, evaluation,
and treatment requirements of 49 CFR Part 382 and 40, provided that:
1. The driver does not self-identify in order to avoid testing;
2. The driver makes the admission of alcohol misuse or controlled substances use before performing a
safety-sensitive function;
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3. The driver does not perform a safety-sensitive function until Mason County is satisfied that the driver has
successfully completed education or treatment requirements in accordance with the drug and alcohol policy
guidelines.
Mason County will:
1. Not take adverse action against a driver making a voluntary admission of alcohol misuse or controlled
substances use provided that the admission occurs before the employee has been subject to disciplinary
action or the use/misuse has affected job performance;
2. Allow the driver sufficient opportunity'to seek an evaluation, education or treatment to establish control over
the employee's drug or alcohol problem;
3. Permit the employee to return to safety sensitive duties only upon successful completion of an educational
or treatment program, as determined by a substance abuse professional.
The following EAP can provide help and referrals for approved Substance Abuse Professionals:
First Choice Health
1-800-777-4114
https://www.fchn.com/Members/EAP
Information on Effects and Signs of Alcohol and Controlled Substance Use (provided)
Definitions
"Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight
alcohols including methyl and isopropyf alcohol.
"Alcohol concentration (or content), BAC" means the alcohol in a volume of breath expressed in terms of
grams of alcohol per 210 liters of breath as indicated by an evidential breath test under 49 CFR Part 382.
"Alcohol use" means the drinking or swallowing of any beverage, liquid mixture or preparation (including any
medication), containing alcohol.
"Commercial motor-vehicle (or"CMV") means a motor vehicle or combination of motor vehicles used in
commerce to transport passengers or property if the motor vehicle:
• Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross
vehicle weight rating of more than 10,000 pounds; or
• Has a gross vehicle weight rating of 26,001 or more pounds; or
• Is designed to transport 16 or more passengers, including the driver; or
• Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the
Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the
Hazardous Materials Regulations (49 CFR Part 172, subpart F).
"Controlled substances" mean those substances identified in 49 CFR Part 40.85, as amended: marijuana,
cocaine, opioids, amphetamines, and phencyclidine.
"DOT Agency" means an agency (or"operating administration") of the United States Department of
Transportation administering regulations requiring alcohol and/or drug testing (14 CFR parts 61, 63, 65, 121,
and 135; 49 CFR parts 199, 219, 382, and 655), in accordance with 49 CFR Part 40.
"Driver" means any person who operates a commercial motor vehicle. This includes, but is not limited to: full-
time, regularly-employed drivers; casual, intermittent or occasional drivers; leased drivers and independent,
owner-operator contractors who are either directly employed by or under lease to Mason County or who
operate a commercial motor vehicle at the direction of or—with the consent of Mason County.
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"Drug" has the meaning of any controlled substances, prescription, or over-the-counter medication.
"EBT (or evidential breath testing device)" means an EBT approved by the National Highway Traffic Safety
Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Products List
of Evidential Breath Measurement Devices" (CPL), and identified on the CPL as conforming with the model
specifications available from the National Highway Traffic Safety Administration, Office of Alcohol and State
Programs.
"Employer" means an eritity employing one or more employees (including an individual who is self-employed)
that is subject to DOT agency regulations requiring compliance with 49 CFR Part 382. The term refers to the
entity responsible for overall implementation of DOT drug and alcohol program requirements, as well as those
individuals employed by the entity who take personnel actions resulting from violations of 49 CFR Part 382 and
any applicable DOT agency regulations. Service agents are not employers.
"Licensed medical practitioner" means a person who is licensed, certified, and/or registered, in accordance
with applicable Federal, State, local, or foreign laws and regulations, to prescribe controlled substances and
other drugs.
"Medical Review Officer(MRO)" means a licensed physician (medical doctor or doctor of osteopathy)
responsible for receiving laboratory results generated by Mason County's drug testing program who has
knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an
individual's confirmed positive test result together with his or her medical history and any other relevant
biomedical information.
"Performing (a safety-sensitive function)" means a driver is considered to be performing a safety-sensitive
function during any period in which he or she is actually performing, ready to perform, or immediately available
to perform any safety-sensitive functions.
"Refuse to submit (to an alcohol or controlled substances test)" means that a covered employee:
• Fails to show up for any test (except a pre-employment test) within a reasonable time after being directed
to do so by Mason County. This includes the failure of an employee to appear for a test when called by a
Consortium/Third Party Administrator);
• Fails to remain at the testing site until the testing process is complete; provided, that an applicant who
leaves the testing site before the testing process commences for a pre-employment test is not deemed to
have refused a test. The testing process commences once the applicant has been provided the specimen
collection cup;
• Fails to provide a urine specimen for any drug test OR a breath or saliva sample for an alcohol test
required by 49 CFR Part 382, if the employee leaves after the testing process has commenced;
• In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or
monitoring of the provision of a specimen;
• Fails to provide a sufficient amount of urine, breath or saliva when directed, unless it has been determined,
through a required medical evaluation, that-there was an adequate medical explanation for the failure to
provide;
• Fails or declines toItake a second test either Mason County or collector has directed following a negative
dilute result as required by 40.197(b);
• Fails to undergo an additional medical examination, as directed by the MRO as part of the verification
process, or as directed by the Designated Employer Representative (DER) concerning the evaluation as
part of the "shy bladder" procedures in 49 CFR Part 40, subpart I; or fails to undergo a medical
examination or evaluation as directed by Mason County as part of the insufficient breath procedures
outlined in 40.265(c);
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• Fails to cooperate (e.g. refuses to empty pockets when directed by the collector, behaves in a
confrontational way that disrupts the collection process, fails to wash hands after being directed to do so by
the collector) or otherwise interferes with any part of the testing process;
• Fails to sign the certification at Step 2 of the alcohol testing form (ATF);
• Is reported by the MRO as having a verified adulterated or substituted test result;
• For an observed collection, fails to follow the observer's instructions to raise clothing above the waist, lower
clothing and underpants, and to turn around to permit the observer to determine if there is any type of
prosthetic or other device that could be used to interfere with the collection process;
• Possesses or wears a prosthetic or other device that could be used to interfere with the collection process;
• Admits to the collector or MRO to having adulterated or substituted the specimen.
"Safety-sensitive function" means all time from the time a driver begins to work or is required to be in
readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-
sensitive functions shall include:
1. All time at an Mason County or shipper plant, terminal, facility, or other property, or on any public property,
waiting to be dispatched, unless the,driver has been relieved from duty by Mason County;
2. All time inspecting equipment as required by FMCSA regulations or otherwise inspecting, servicing, or
conditioning any commercial motor vehicle at any time;
3. All time spent at the driving controls of a commercial motor vehicle in operation;
4. All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a
sleeper berth (a berth conforming to the requirements of 49 CFR 393.76);
5. All time loading or unloading a vehicle,.supervising, or assisting in the loading or unloading, attending a
vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving
receipts for shipments loaded or unloaded; and
6. All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Prohibited Conduct
The following is considered prohibited conduct under this policy:
1. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions
while having an alcohol concentration of 0.04 or greater.
2. No driver shall use alcohol while performing safety-sensitive functions.
3. No driver shall perform safety-sensitive functions within four hours after using alcohol.
4. No driver required to take a post-accident alcohol test under 49 CFR 382.303 shall use alcohol for eight (8)
hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.
5. No driver shall refuse to submit to a post-accident, random, reasonable suspicion, or follow-up controlled
substance and/or alcohol test required by 49 CFR Part 382.
6. No driver shall report for duty, remain on duty or perform a safety-sensitive function when there is a
quantifiable level of a controlled substance in the driver's body above the minimum thresholds established
in 49 CFR Part 40. Although the personal use of marijuana is permitted under Washington law, federal law
still prohibits the use and possession of marijuana. Employees must be aware that having a detectible level
of marijuana in their body, regardless of whether their use was for recreational or medical purposes,
constitutes prohibited conduct.
7. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions
when the driver uses any drug except when the use is pursuant to the instructions of a licensed medical
practitioner, as defined in §382.107, who is familiar with the driver's medical history and has advised the
driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor
vehicle. Notwithstanding the above, the medical use of marijuana that causes drug or drug metabolites to
be present in the body above minimum thresholds established in 49 CFR Part 40 constitutes prohibited
conduct regardless of whether the marijuana was used under the guidance of a medical practitioner and
regardless of whether the medical practitioner advised that such use will not adversely affect the driver's
ability to safely operate a commercial motor vehicle.
8. Mason County shall not permit a driver to continue to perform safety sensitive functions if the county has
actual knowledge of a driver violating any of the aforementioned prohibitions. Actual knowledge may be
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based on Mason County's direct observation of the employee, information provided by the driver's previous
employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled
substances, or an employee's admission of alcohol or controlled substances use, except as discussed in
the Alcohol and Drug Problems section of this policy.
Prescription and Other Medications
No driver may possess any prescription medication or report to work while using any prescription medication,
except when he/she is under a doctor's care and the doctor has advised the driver that the substance does not
affect his/her ability to safely operate a commercial motor vehicle. The use of any medication, whether
prescription or over-the-counter, that could affect a driver's safe lob performance is prohibited while working. The
driver shall report to Human Resources the use of any prescribed medication and, without identifying the
medication shall provide a certificate from the driver's doctor that the use of the medication will not impair the
ability to safely perform his/her duties. If, as a result of testing under this policy, the driver is found to have the
presence of controlled substances in the body which is a result of the use of his/her legally prescribed medication
that has not been reported the driver shall be removed from service without pay until it is determined that the use
of medication will not impair his/her ability to safely perform assigned duties. Notwithstanding the above, a driver
may not possess or report to work while using marijuana under any circumstances even if the marijuana was
Prescribed by a doctor.
Other Related Alcohol Conduct
A driver tested under the requirements of this policy who is found to have an alcohol concentration of 0.02 or
greater but less than 0.04 shall be removed immediately from performing safety-sensitive functions until the
start of the driver's next regularly scheduled duty period, but not less than 24 hours following the test
administration. Depending on the circumstances, an employee who is removed from service due to an alcohol
concentration of 0.02 or greater but less than 0.04 may be subject to discipline.
Controlled Substances and Alcohol Testing
Submission to the controlled substance and alcohol testing described in this policy is a condition of
employment with Mason County for those drivers covered by DOT and FMCSA regulations. A refusal to submit
(as described above) will constitute a violation of this policy and be grounds for termination of employment. A
driver may be tested for controlled substances at any time during his/her work day, except pre-employment,
and alcohol testing will be conducted just before, during or after performing safety sensitive functions.
Driver's will be escorted to.the testing facility by a trained supervisor for the following drug and alcohol tests:
post-accident, reasonable suspicion, and random.
Drivers will be subject to testing as follows:
Pre-Employment: Drivers will be tested for controlled substances unless:
1. The driver participated in a DOT testing program within the past 30 days and:
2. While participating in that program, either:
a. Was tested for controlled substances within the past 6 months (from the date of application with the
employer), or
b. Participated in the random controlled substances testing program for the previous 12 months (from the
date of application with the employer); and
3. No prior employer of the driver of whom Mason County has knowledge has records of a violation of DOT
controlled substances regulations within the previous 6 months.
A driver/applicant who tests positive on a pre-employment test will not be hired, but may be eligible to reapply
for employment with Mason County after one year from the date of the positive test. Mason County is required
to make a good faith effort to contact a driver's previous employer regarding drug and alcohol test results if the
driver performed safety-sensitive functions for that employer within the last two (2) years.
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Post-Accident: As soon as practicable following an occurrence involving a CMV operating on a public road,
each surviving driver shall be tested for controlled substances and alcohol if:
1. the driver was performing safety-sensitive functions with respect to the vehicle, if the accident involved the
loss of human life (fatality); or
2. the driver received a citation for a moving violation and the accident involved bodily injury to any person
who, as a result of the accident, immediately receives medical treatment-away from the scene of the
accident; or.
3. the driver received a citation for a moving violation and the accident involved one 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.
A driver may not consume alcohol for eight (8) hours following an accident that requires the DOT alcohol test.
The alcohol test must be completed within two (2) hours of the accident; if not, the supervisor must document
the reasons for the delay, and shall continue to have the test conducted up to eight (8) hours following the
accident. After eight (8) hours the attempt to test will be ceased, and the supervisor must again provide the
reasons for the test not being administered.
A controlled substances test shall be administered as soon as practicable up to 32 hours following the
accident. After 32 hours the attempt to test will be ceased, and the supervisor must provide the reasons for the
test not being administered promptly. A driver must remain readily available for testing, or may be deemed by
the Mason County to have refused to submit to testing.
Nothing in this policy should be construed to require the delay of necessary medical attention for the injured.
Random: Mason County is using a consortium/third party administrator to facilitate the random selection of
drivers and notification to Mason County of the driver(s) selected for testing. The consortium/third party
administrator is:
A WorkSAFE Service, Inc.
1696 Capitol St NE
Salem OR 97301
(503) 391-9363
Drivers will be subject to random alcohol and controlled substance testing under the following program:
1. Random selection of drivers will be made by a scientifically valid method using a computer-based random
number generator that is matched with drivers' social security numbers.
2. Each driver shall have an equal chance of being drawn each time selections are made.
3. Selections for testing are unannounced and reasonably spread throughout the calendar year.
4. Random selections are made to ensure testing for controlled substances is conducted at not less than the
minimum annual 25% rate and alcohol is conducted at not less than the minimum annual 10% rate, or the
rates as established by the FMCSA.
5. A driver shall only be tested for alcohol just before, during, or after performing safety-sensitive functions;
however, he/she may be tested for controlled substances any time while performing work for the Mason
County.
6. Once a driver is notified of selection for random alcohol and/or controlled substances testing, he/she shall
proceed to the test site immediately.
Reasonable Suspicion: Drivers will be tested for alcohol and/or controlled substances whenever Mason
County has reasonable suspicion that the individual is under the influence of alcohol or a controlled substance.
Reasonable suspicion will be based on specific, contemporaneous, articulable observations concerning the
behavior, speech, appearance or body odors of the driver, including any indicators of the chronic and
withdrawal effects of controlled substances. Drivers required to be tested under reasonable suspicion testing
will be removed from performing safety-sensitive functions pending the outcome of the test result(s) and be
transported to the testing facility by a trained supervisor. Personnel responsible for supervising and managing
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employees subject to testing under this policy must attend at least two hours of training on alcohol and drug
misuse symptoms and indicator used in making determinations for reasonable suspicion testing. Only those
individuals who have received this training are qualified to make these decisions.
Reasonable suspicion drug testing is authorized when the supervisor's observation of the driver's behavior
occurs any time during the workday. Reasonable suspicion alcohol testing is authorized only if the supervisor's
observation of the driver's behavior has been made during, just preceding, or just after performing any safety-
sensitive function.
The alcohol test must be completed within two (2) hours of the observation; if not, Mason County must
document the reasons for the delay, and shall continue to have the test conducted up to eight (8) hours
following the observation. After eight (8) hours, the attempt to test will cease. If an alcohol test is not completed
within the two (2) or eight (8) hour time periods, Mason County shall prepare and maintain on file a record
stating the reasons the test was not administered within the appropriate time frames.
Mason County shall not permit a driver to report for duty, remain on duty, perform, or continue to perform any
safety-sensitive functions while the driver is impaired by alcohol, as shown by the behavioral, speech, or
performance indicators of alcohol misuse, until:
An alcohol test is administered and the driver's alcohol concentration measures less than 0.02 percent; OR
the start of the driver's next regularly-scheduled duty period, but not less than twenty four (24) hours following
the supervisor's determination that reasonable suspicion exists.
Return-to-Duty: No driver found to be in violation of the Mason County drug and alcohol policy will be
permitted to return to duty involving safety-sensitive functions until the driver has undergone an assessment
with a Substance Abuse Professional as required by 49 CFR Part 40 and has a verified negative controlled
substances test and/or an alcohol test with a result less than 0.02 alcohol concentration. All controlled
substances return-to-duty tests will be conducted by same-gender direct observation. Refusing to permit an
observed collection will constitute a refusal to test with the same consequences as testing positive.
Follow-Up: Any driver in need of assistance in resolving problems associated with alcohol misuse and/or
controlled substances use as identified through the evaluation by the Substance Abuse Professional will, if still
employed, be required to enter into a Last Chance Agreement as a condition of continued employment and to
submit to unannounced follow-up testing for controlled substances and/or alcohol as directed by the Substance
Abuse Professional. Mason County may perform follow-up testing for five years. All controlled substances
return-to-duty tests will be conducted by same-gender direct observation. Refusing to permit an observed
collection will constitute a refusal to test with the same consequences as testing positive.
Testing Procedures
Urine Specimen Collection: Specimen collections will be conducted in accordance with the procedures of 49
CFR Part 40, as amended. The collection procedures are designed to ensure the security and integrity of the
specimen provided by each covered employee, and those procedures will strictly follow federal chain-of-
custody guidelines. Moreover, every reasonable effort will be made to preserve the individual's privacy as
much as possible consistent with ensuring an accurate result. Covered employees will be required to empty
their pockets before providing the drug test specimen.
A urine sample will be split at the time of collection. Within 72 hours of the MRO notifying the driver of a verified
positive controlled substances test, or an adulterated or substituted specimen, the driver may request the split
sample to be tested. Only the MRO may authorize such testing, which may take place only at laboratories
certified by the Department of Health and Human Services (DHHS). If the split sample test fails to reconfirm
the presence of the drug or drug metabolite, the MRO shall cancel the test or take such steps as are directed
by DOT regulations.
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All applicants/drivers have a right to request testing of the split sample. The driver will be responsible for the
cost of testing the split sample.
Under normal circumstances, the applicant or covered employee will be afforded complete privacy in the
restroom for providing the urine sample. Certain situations do require the urine sample be provided under
same-gender direct observation. Those situations include:
• The temperature on the original specimen was out of range; or
• The original specimen appeared to have been tampered with (i.e. unusual color, odor, foam, etc.); or
• The collector observes materials brought to the collection site or the individual's conduct clearly indicates
an attempt to tamper with a specimen; or
• The laboratory reported to the MRO that a specimen is invalid, and the MRO reported to Mason County
there was not an adequate medical explanation for the result; or The MRO
• reported to Mason County that the original positive, adulterated, or substituted test result had to be
cancelled because the test of the split specimen could not be performed; or
• The laboratory reported to the MRO that the specimen was negative-dilute with a creatinine concentration
greater than or equal to 2 mg/dL but less than or equal to 5mg/dL, and the MRO reported the specimen to
Mason County as negative-dilute and a second collection must take place under direct observation; or
• All return-to-duty or follow-up drug tests.
When that occurs, the individual subjected to testing will be required to follow the observer's instructions to
raise their clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to
determine if there is any type of prosthetic or other device that could be used to interfere with the collection
process.
Refusing to permit an observed collection, or possessing or wearing a prosthetic or other device that could be
used to interfere with the collection process, are considered a refusal to test and will constitute a verified
positive drug test result.
As required by 49 CFR Part 40, only a laboratory certified by the Department of Health and Human Services
(DHHS) will be retained by Mason County to perform the analysis of the urine specimen for controlled
substances. The initial screening test will be performed by immunoassay and will test for substances and at
cutoff levels required by 49 CFR Part 40, as amended. All specimens identified as positive on the initial
screening test will be confirmed using gas chromatography/mass spectrometry techniques at cutoff levels
required by 49 CFR Part 40, as amended.
Negative Dilute Specimens: All negative dilute specimen test results will require the applicant or employee to
submit to an immediate retest with minimum advance notice. The retest results shall become the test result of
record. If the retest results are also negative and dilute, the test will be deemed a negative result unless the MRO
has directed a recollection under direct observation.
Breath Alcohol: Testing will be conducted by a qualified technician according to 49 CFR Part 40 procedures
using a DOT-approved device. If an initial test indicates an alcohol concentration of less than 0.02, no further
testing will be conducted. If the initial test result is 0.02 or greater, a confirmation test will be conducted by a
Breath Alcohol Technician using an Evidential Breath.Testing (EBT) device. Testing will be conducted in a
manner that protects the confidentiality of the employee's testing information as well as the integrity of the
testing process.
Medical Review
All controlled substances test results will be reviewed by a Medical Review Officer(MRO) before results are,
reported to Mason County. The MRO will attempt to contact the driver to discuss the test results before
reporting positive results to Mason County.
The Mason County Medical Review Officer is:
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Dee J. McGonigle, M.D.
18912 North Creek Parkway
Suite 202
Bothell, WA 98011
(425) 488-9755
Notification of Results
Mason County will notify the affected driver of any controlled substances test that is reported as positive by the
MRO. Mason County will notify driver-applicants of the results of pre-employment controlled substances testing
if the applicant requests that information in writing within 60 days after Mason County notifies the applicant that
he/she has or has not been hired.
Clearinghouse
The Clearinghouse rule required FMCSA-regulated employers, medical review officers (MROs), substance
abuse professionals (SAPs), consortia/third-party administrators (C/TPAs), and other service agents.to report
to the Clearinghouse information related to violations of the drug and alcohol regulations in 49 Code of Federal
Regulations, Parts 40 and 382 by current and prospective employees.
Drivers should be aware that the motor carrier is required to collect, maintain, and report certain information to
the Clearinghouse as required:
• A verified positive, adulterated, or substituted drug test result;
• An alcohol confirmation test with a concentration of 0.04 or higher;
• A refusal to submit to any test required by subpart C of this part;
• An employer's report of actual knowledge, as defined at §382.107:
o On duty alcohol use pursuant to §382.205;
o Pre-duty alcohol use pursuant to §382.207;
o Alcohol use following an accident pursuant to §382.209; and
o Controlled substance use pursuant to §382.213;
• A substance abuse professional (SAP as defined in §40.3 of this title) report of the successful
completion of the return-to-duty process;
• A negative return-to-duty test; and
• An employer's report of completion of follow-up testing.
Analysis of Split Sample
A urine sample will be split at the time of collection. Within 72 hours of the MRO notifying the driver of a verified
positive controlled substances test, or an adulterated or substituted specimen, the driver may request the split
sample to be tested. Only the MRO may authorize such testing, which may take place only at laboratories certified
by the Department of Health and Human Services (DHHS). If the split sample test fails to reconfirm the presence
of the drug or drug metabolite, the MRO shall cancel the test or take such steps as are directed by DOT
regulations.
All applicants/drivers have a right to request testing of the split sample. Mason County will be responsible for the
cost of testing the split sample.
Confidentiality
Records required under this policy, including test results, will be maintained in a secure location with controlled
access. Each driver shall, upon written request, be entitled to receive copies of his/her own records, and to
have copies of his/her records made available to any subsequent Mason County. Information may also be
disclosed to the relevant state or federal agencies, or in connection with judicial, administrative or related
proceedings (e.g., grievances and arbitration) initiated by or on behalf of the driver, or where otherwise
required by law.
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Evaluation and Referral
DOT regulations require that any driver who violates the alcohol and controlled substances rules of 49 CFR
Part 382 be advised of available evaluation resources and be evaluated by a Substance Abuse Professional.
The driver must complete an appropriate education and/or treatment program before being eligible to return to .
safety sensitive duty.
1
Before returning to performing safety-sensitive functions for any DOT employer, a driver must be tested for
controlled substances with a verified negative controlled substances test result and/or alcohol with a test result
less than 0.02 alcohol concentration. The driver will be subject to follow-up testing of at least six tests in the
first 12 months of returning to duty, and follow-up testing may continue for five years.
Consequences
Under normal circumstances, employees violating this policy or federal regulations will be suspended from
performing any safety-sensitive functions with a commercial motor vehicle and will be subject to disciplinary
action up to and including termination of employment. Under some circumstances, however, Mason County
may agree to return an employee to performing these functions following treatment and rehabilitation. When
that occurs, any treatment or rehabilitation (including pre-treatment evaluation) will be the sole financial
responsibility of the employee.
When, at Mason County's discretion, an employee is returned to work, the driver will be required to enter into a
Last Chance Agreement and to submit to unannounced follow-up testing for controlled substances and/or
alcohol as directed by the Substance Abuse Professional in order to continue to perform safety-sensitive
functions and operate a commercial motor vehicle requiring a CDL.
Mason County reserves the right to take disciplinary action up to and including termination for violation of the
Mason County Drug and Alcohol Policy where and when deemed appropriate.
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CERTIFICATE OF RECEIPT
hereby certify that on the date shown below, I received and read a copy of the Mason County Drug and
Alcohol Policy for Use With FMCSA/DOT-Regulated Employees, consisting of eleven (11) pages including the
Certificate of Receipt, and a copy of the FMCSA manual, Clearinghouse testing acknowledgment, and the drug
and alcohol fact sheet.
I understand and agree to comply with this policy, including any required alcohol or controlled
substance testing.
Employee— Print name
Employee—Signature
Date:
(Employee to receive duplicate copy.
(Original to be kept in employee personnel file.)
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