Drug-Free Workplace and Drug Testing

ALACHUA COUNTY LIBRARY DISTRICT POLICY STATEMENT

The District recognizes that drug abuse is a significant public health problem in our society. Drug abuse in the workplace negatively affects individual job performance and undermines the public's confidence in the Library District and the service we provide.  The District acknowledges the importance of establishing and maintaining a drug free workplace; and complying with all federal, state, and local regulations related to drug use, including theFederal Drug Free Workplace Act of 1988  and the State Comprehensive Economic Development Act of 1990, and the Omnibus Transportation Employee Testing Act of 1991.  As used herein, "drug abuse" includes the use of illicit substances or misuse of controlled substances, alcohol, or other psychoactive drugs.

A. POLICY STATEMENT

  1. The manufacture, use, possession or distribution of illicit or controlled substances during work hours is strictly prohibited.  Employees are required to report to work in a fit condition for duty.  Being under the influence of alcohol or illicit drugs during work hours, and being under the influence of legal drugs to the extent that normal faculties are impaired on the job, is strictly prohibited.  Employees who violate the Library District’s Drug Free Workplace Policy by failing a drug test or by being under the influence, using or distributing drugs on the job are subject to disciplinary action, including dismissal. Department or Branch Managers will contact local law enforcement officials to confiscate any suspected illegal drugs. If an employee is under medical treatment with a drug that could alter his/her ability to do the job, (s)he is required to report this drug use immediately to his/her supervisor.
  2. Drug abuse and alcoholism are recognized as illnesses or disorders, and the District accepts responsibility for providing channels of help. However, it is the  employee's responsibility to seek such help. If an employee seeks help on a voluntary basis with personal use of drugs or alcohol, then confidentiality will be protected. However, if the employee does not seek help and work performance or work conduct problem comes to the attention of the District, then disciplinary action may result.
  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.
    1. 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:
    1. 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.
    2. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.
    3. A report of drug or alcohol use, provided by a reliable and credible source.
    4. Evidence that an individual has tampered with a drug or alcohol test during employee’s employment with the District.
    5. 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.
    6. 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:
    1. contact the EAP or other rehabilitation resources and strictly adhere to all terms of treatment and counseling prescribed; and
    2. immediately cease any and all abuse/use of alcohol or drugs; and
    3. 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
    4. pass all drug tests administered under this program; and
    5. 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.
    1. 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.

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Policy No: 21.0 Effective: 7/10/08

Revision No: