Drug-Free Workplace and Drug Testing

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3. Any employee who refuses to submit to a test for drugs or alcohol pursuant to this policy shall be presumed, in the absence of clear and convincing evidence to the contrary, to be under the influence and may forfeit eligibility for all workers' compensation medical and indemnity benefits and may be terminated or disciplined.

B. CONFIDENTIALITY

The provisions of Section 440.102(8), Florida Statutes, shall govern the  release of any information, interviews, reports, statements, memoranda and drug and/or alcohol testing results received by the District through this Drug Free Workplace and drug testing program.

C. TYPES OF TESTING

The District will conduct the following types of drug testing:

1. Pre-employment – Any final candidate for a position within the Library District shall be required to take a drug urinalysis test after the initial offer but prior to the final offer for the position being extended.

a. Any final candidate whose confirmed test results indicate present drug abuse will not be hired, and may not re-apply for 180 days.

2. Reasonable suspicion - This type of testing is based on a belief that an employee is using or has used drugs and/or alcohol in violation of this policy, drawn from specific objective and articulable facts, and reasonable inferences drawn from those facts in light of experience. Approval for such testing shall be authorized only by the Administrative Services Division Director in coordination with the Human Resources Office. Among other things, such facts and inferences may be based upon:

a. Observable, documented, phenomena while at work, such as direct observation of drug or alcohol use or of the physical symptoms or manifestations of being under the influence of a drug or alcohol.

b. Abnormal conduct or erratic behavior while at work or a  significant deterioration in work performance.

c. A report of drug or alcohol use, provided by a reliable and credible source.

d. Evidence that an individual has tampered with a drug or alcohol test during employee’s employment with the District.

e. Information that an employee has caused, contributed to, or been involved in an accident while at work. The occurrence of an accident, while at work or working, in and of itself shall not constitute reasonable suspicion. However, individual circumstances of an accident, including, but not limited to, the nature and extent of the employee’s involvement in the accident, may be considered as one element of reasonable suspicion.

f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on District premises or while operating District vehicles, machinery or equipment. If testing is conducted based on reasonable suspicion, the District will immediately document the circumstances that formed the basis of determination to warrant the testing. The original documentation shall be kept confidential by the District pursuant to this policy and shall be retained for at least one (1) year. A copy of this documentation shall be given to the employee upon written request.

3. Follow-up - If an employee, in the course of employment, has a confirmed positive drug or alcohol test and subsequently accesses the Employee Assistance Program (EAP) for drug-related and/or

alcohol-related problems or enters an alcohol and drug

rehabilitation program, the District will require the employee to

submit to a drug and/or alcohol test upon completion of the

program as follow-up to such program, and on a quarterly basis, for

two (2) years thereafter.

D. DRUG TESTING PROCEDURE

All specimen collection and testing for drugs shall be conducted in

accordance with Sections 440.102(5), (6), and (7), Florida Statutes.

1. The District may test for any or all of the following:

Alcohol

Amphetamines

Cannabinoids

Cocaine

Phencyclidine

Methaqualone

Opiates

Barbiturates

Benzodiazepines

Methadone

Propoxyphene

2. Initial Test. The initial screen for all drugs shall use an

immunoassay. The initial test for alcohol shall be an enzyme

oxidation methodology. When first screening specimens, all levels

equal to or exceeding the following shall be reported as positive:

Alcohol .05g% (by blood)

Amphetamines 1000 ng/ml

Cannabinoids 50 ng/ml

Cocaine 300 ng/ml

Phencyclidine 25 ng/ml

Methaqualone 300 ng/ml

Opiates 300 ng/ml

Barbiturates 300 ng/ml

Benzodiazepines 300 ng/ml

Methadone 300 ng/ml

Propoxyphene 300 ng/ml

These levels will remain in effect until such time as they are revised

by Federal Legislation or State Statute. All new levels will become

effective on the date specified within the related legislation.

3. Confirmation Test. All specimens identified as positive on the initial

tests shall be confirmed using a second test. A gas

chromatography/mass spectrometry (GC/MS) test, or an equivalent

or more accurate scientifically accepted method approved by the

State or Federal government will be used for the confirmation test

for narcotics. The confirmation test for alcohol will be gas

chromatography. All confirmations shall be done by quantitative

analysis. When confirming initial results, all levels equal to or

exceeding the following shall be reported as positive:

Alcohol .05g% (by blood)

Amphetamines 500 ng/ml

Cannabinoids 15 ng/ml

Cocaine 150 ng/ml

Phencyclidine 25 ng/ml

Methaqualone 150 ng/ml

Opiates 300 ng/ml

Barbiturates 150 ng/ml

Benzodiazepines 150 ng/ml

Methadone 150 ng/ml

Propoxyphene 150 ng/ml

These levels will remain in effect until such time as they are revised

by Federal Legislation or State Statute. All new levels will become

effective on the date specified within the related legislation.

4. The laboratory shall report test results to a medical review officer

(MRO) chosen by the District to act on its behalf. These results

shall be reported within seven (7) working days after receipt of the

specimen by the laboratory. The laboratory shall transmit results to

the medical review officer (MRO) in a manner designed to ensure

confidentiality of the information. All records pertaining to a given

specimen shall be retained by the laboratory for a minimum of two

(2) years, unless the District or the employee requests that records

be retained for a longer period of time.

5. Within five (5) working days after receipt of a confirmed positive test

result from the medical review officer (MRO), the Human

Resources Office shall inform the employee in writing of such

positive test result, the consequences of such result, and the

options available to the employee. Notification shall be via certified

mail or hand-delivered. Absent extenuating circumstances, mailed

notification shall be deemed received by the employee when signed

for, or seven (7) calendar days after delivery, whichever occurs

first. A copy of the test results will be provided to the employee

with this notification.

E. EMPLOYEE CHALLENGES AND OPTION TO RETEST

1. Within five (5) working days after receiving notice of a confirmed

positive test result from the Human Resources Office, the employee

may submit information to the Human Resources Office explaining

or contesting the test results and why the results do not constitute a

violation of this program. The employee will be notified in writing if

the explanation or challenge is unsatisfactory to the District. This

notice will be hand-delivered or delivered via certified mail within

fifteen (15) days of receipt of the employee's explanation or

challenge and will state why the employee's explanation is

unsatisfactory. All such documentation will be kept confidential and

will be retained for at least one (1) year.

2. An employee may make a legal challenge pursuant to Statute or

appeal employment decisions made pursuant to this program in

accordance with Chapter 20: Appeals Policy of these Regulations.

When an employee initiates the appeal process, it shall be the

employee's responsibility to notify the Human Resources Manager

and the laboratory in writing that such an appeal has been filed,

reference the chain of custody specimen identification number and

request that the sample be retained by the laboratory until final

disposition of the appeal.

3. Retest: During the 180 day period following the employee's receipt

of a positive test result, the employee may request that a portion of

the original specimen be retested, at the employee's expense. The

retesting must be done at a State licensed or National Institute of

Drug Abuse (NIDA) approved laboratory other than the original

testing facility, and must be tested at equal or greater sensitivity for

the drug in question as the first.

F. REHABILITATION

1. Any employee who feels that (s)he has an addiction to,

dependence upon, or developed a problem with alcohol or drugs,

legal or illegal, is encouraged to seek assistance. Employees may

seek such assistance from the District-sponsored Employee

Assistance Program (EAP) or other community resources.

2. Rehabilitation is the responsibility of the employee. Any employee

seeking medical attention for alcohol misuse or drug abuse will be

entitled to benefits only to the extent specified under the District's

group health insurance program and employee assistance program

(EAP). Employees required to be absent from the workplace while

in treatment may request a medical leave of absence in accordance

with Chapter 18 (Leaves of Absence) of these Regulations. An

employee shall be permitted to utilize all available accumulated

paid leave before being placed in a leave without pay status.

3. Upon successful completion of the EAP or other treatment

program, the employee shall be reinstated to the same or

equivalent position that was held prior to such rehabilitation.

4. The District will not discharge, discipline or discriminate against an

employee solely on the basis of any prior medical history revealed

to the District pursuant to this policy.

5. The District will not dismiss, discipline or discriminate against an

employee solely upon the basis of an employee voluntarily seeking

treatment for an alcohol or drug problem. However, if the employee

has previously tested positive for drug and/or alcohol use, entered

an employee assistance program (EAP) for drug-related and/or

alcohol-related problems or entered a drug and/or alcohol

rehabilitation program while in the District's employ, appropriate

disciplinary action will be taken.

G. VIOLATIONS AND CONTINUED EMPLOYMENT

1. Employees who violate the District's Drug Free Workplace Policy

with a first time confirmed positive drug and/or alcohol test will be

referred to the District EAP or other community alcohol and drug

rehabilitation program(s) as appropriate. However, use of the EAP

or other rehabilitation resources will not prevent the Library District

from taking appropriate disciplinary action for violations of other

District policies. Employees referred to the EAP or other

rehabilitation program as a result of a first violation will be allowed

to continue employment with the District provided that they:

a. contact the EAP or other rehabilitation resources and strictly

adhere to all terms of treatment and counseling prescribed;

and

b. immediately cease any and all abuse/use of alcohol or

drugs; and

c. consent in writing to periodic unannounced testing in

accordance with Section C (3) of this Chapter for a period of

up to two (2) years after returning to work or completion of

any rehabilitation program, whichever is later; and

d. pass all drug tests administered under this program; and

e. execute and abide by an agreement describing the above

stated conditions.

2. Failure to meet any of the above conditions, or the occurrence of a

follow-up confirmed positive drug test, will result in immediate

dismissal from employment.

a. Employees terminated for violation of the Library District’s

Drug Free Workplace Policy cannot re-apply for employment

with the Library District for 180 days.