Drug & Alcohol Policy

Drug and Alcohol Policy for Transportation Services

GOALS

Morrow County Public Transit: The Loop, herein after referred to as “The Loop” or “Loop”, is dedicated to providing safe, dependable, and economical transportation services to our transit system passengers. The Loop employees are our most valuable resource and it is our goal to provide a healthy, satisfying working environment which promotes personal opportunities for growth as well as protecting the health and safety of the public. The Loop has adopted a, "Zero Tolerance in the Work Place" policy for drug and alcohol use.

In meeting these goals, it is our policy to: (1) assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, healthy manner; (2) create a workplace environment free from the adverse effects of drug abuse and alcohol misuse; (3) prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; and (4) to encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties.

PURPOSE

The purpose of this policy is to assure worker fitness for duty and to protect our employees, passengers, and the public from the risks posed by the misuse of alcohol and use of prohibited drugs. This policy is also intended to comply with all applicable Federal regulations governing workplace anti-drug and alcohol programs in the transit industry. The Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 655, as amended, that mandate urine drug testing and breath alcohol testing for safety-sensitive positions and prohibits performance of safety-sensitive functions when there is a positive test result, or refusal to test. The U.S. Department of Transportation (USDOT) has also published 49 CFR Part 40, as amended, that set standards for the collection and testing of urine and breath specimens. Copies of Parts 655 and 40 are available in the drug and alcohol program manager’s office and can be found on the internet at the Federal Transit Administration (FTA) Drug and Alcohol Program website: http://transit-safety.fta.dot.gov/DrugAndAlcohol/.

In addition, the Federal government published 49 CFR Part 29, "The Drug-Free Workplace Act of 1988", which requires the establishment of drug free workplace policies and the reporting of certain drug-related offenses to the FTA. This policy incorporates those requirements for employees and others when so noted.

Italicized text indicates portions of the policy that exceed federal transit administration regulations or are under the sole authority of The Loop.

1. AFFECTED PARTIES

All covered employees are required to submit to drug and alcohol testing administered in accordance with 49 CFR Part 655 and Par 40 as amended. This policy applies to all safety-sensitive employees, even if they are working in a non-safety- sensitive assignment, and, therefore, is a condition of employment. This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to work.
A safety-sensitive function means any of the following duties: operating a revenue service vehicle (whether or not the vehicle is in revenue service), operating a non-revenue service vehicle, when required to be operated by a holder of a Commercial Driver’s License; controlling dispatch or movement of a revenue service vehicle, maintaining a revenue service vehicle or equipment used in revenue service, or carrying a firearm for security purposes. A list of safety-sensitive positions is attached.
Operation of a commercial vehicle, which is defined as a vehicle used to transport passengers or property where the vehicle: has a gross combination weight of at least 26,001 pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
has a gross vehicle weight of at least 26,001 pounds;
is designed to transport 16 or more passengers, including the driver; or
is used to transport hazardous materials as defined in the Hazardous Materials Transportation Act.

2. CONDITIONS OF EMPLOYMENT

Participation in the Morrow County Drug and Alcohol Testing program as detailed in this policy is a requirement of safety-sensitive employees and, therefore, is a condition of employment for all employees covered by this policy.

3. PROHIBITED SUBSTANCES

"Prohibited substances" addressed by this policy include controlled substances, alcohol, legally prescribed drugs and non-prescription (OTC) medications which may alter an employee’s physical and/or mental ability and fitness for duty.

A. Illegally used Controlled Substances or Drugs

The use of illegal drugs is not permitted at any time. Illegal drugs are identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and is further defined by 21 CFR 1300.11 through 1300.15. This includes, but is not limited to:

Marijuana,
Amphetamines,
Opioids,
Phencyclidine (PCP),
Cocaine,

as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs.

Medical Marijuana

Marijuana is a Class I controlled substance; its use is illegal under federal law, although Oregon law (ORS 475.300 to 475.346) exempts from criminal prosecution in state court those individuals who obtain a “registry identification card” from the Oregon Department of Human Services. Possession of a “registry identification card” will not be accepted as an explanation for a positive test. The United States Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40, at 40.151(e) – does not authorize “medical marijuana” under a state law to be a valid medical explanation for a transportation employee’s positive drug test result. It remains unacceptable for any safety‐sensitive employee subject to drug testing under the United States Department of Transportation’s drug testing regulations to use marijuana.

Recreational Marijuana

Additionally, state initiatives will have no bearing on the United States Department of Transportation’s regulated drug testing program. The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40 – does not authorize the use of Schedule I drugs, including marijuana, for any reason. Therefore, Medical Review Officers (MROs) will not verify a drug test as negative based upon learning that the employee used “recreational marijuana” when states have passed “recreational marijuana” initiatives.

C. Legal Drugs

The appropriate use of legally prescribed drugs and non-prescription (OTC) medications are not prohibited. However, the use of any substance which carries a warning label that indicates the mental functioning, motor skill, or judgment may be adversely affected must be reported to supervisory personnel and medical advice must be sought by the employee, as appropriate, before performing work- related duties. Clearance from the employee’s physician may be required if there is a question regarding an employee’s ability to safely perform assigned duties.

A legally prescribed drug means that the individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the patient's name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing transit business is prohibited.

D. Alcohol

The use of beverages or substances containing alcohol, including any medication, mouthwash, food, candy, or any other substance such that alcohol is present in the body while performing safety-sensitive functions is prohibited. The concentration of alcohol is expressed in terms of grams of alcohol per 210 liters of breath as measured by an evidential breath testing device.

4. PROHIBITED CONDUCT

Covered employees may not be under the influence of alcohol during assigned work hours, while on duty or representing the County, in uniform, or on County business. The following conduct is prohibited and may result in discipline, up to and including termination:

Covered employees shall not report for duty or remain on duty while having an alcohol concentration of 0.02 or greater.
Covered employees shall not consume alcohol while performing their safety sensitive job duties.
Covered employees shall not consume alcohol within eight hours of reporting for safety-sensitive duties.
The use of alcohol by covered employees within two hours following an accident or before undergoing a post-accident alcohol test, whichever comes first, is prohibited.
Reporting for duty, remaining on duty, or performing safety-sensitive job duties after having tested positive for a controlled substance is prohibited.
Failure of a covered employee to report use of over-the-counter or prescribed medications that may affect the performance of job duties to his/her supervisor before start of the workday is prohibited.

Refusal by a covered employee to submit immediately to any drug or alcohol test when directed is prohibited.

Manufacture, Trafficking, Possession, and Use

The Loop employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances at any time.

Employees who violate this provision may be subject to disciplinary action up to, and including termination under Section 10 of this policy. Law enforcement shall be notified, as appropriate, where criminal activity is suspected.

B. Intoxication / Under the Influence

Any Loop employee who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shall be suspended from job duties pending an investigation and verification of condition. Employees found to be under the influence of prohibited substances or who fail to pass a drug or alcohol test shall be removed from duty and subject to disciplinary action under Section 10 of this policy. A drug or alcohol test is considered positive if the individual is found to have a quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in 49 CFR Part 40, as amended.

C. Alcohol Use

No Loop employee should report for duty or remain on duty when his/her ability to perform assigned safety-sensitive functions is adversely affected by alcohol or when his/her breath alcohol concentration is 0.02 or greater. An employee with a breath alcohol concentration which measures between 0.02 – 0.039 is not considered to have violated the USDOT-FTA drug and alcohol regulations, provided the employee hasn’t consumed the alcohol within eight (8) hours of performing a safety-sensitive duty. However, if a safety-sensitive employee has a breath alcohol concentration between 0.02 – 0.039, USDOT-FTA regulations require the employee be removed from the performance of safety-sensitive duties until the employee’s alcohol concentration measures less than 0.02 or the start of the employee’s next regularly scheduled duty period, but not less than eight hours following administration of the test. No Loop employee shall use alcohol while on duty, while in uniform, or while performing safety-sensitive functions. No Loop employee shall use alcohol within eight (8) hours of reporting for duty, or during the hours that they are on call to perform safety-sensitive duties. If an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. If the on-call employee claims the ability to perform his or her safety-sensitive function, he or she must take an alcohol test with a result of less than 0.02 prior to performance.

No covered employee shall consume alcohol for eight (8) hours following involvement in an accident or until he/she submits to the post-accident drug/alcohol test. Violation of these provisions is prohibited and punishable by disciplinary action, up to and including termination under Section 11 of this policy.

5. TESTING PROCEDURES

Analytical urine drug testing and breath testing for alcohol may be conducted when circumstances warrant or as required by 49 CFR Part 655 or 49 CFR Part 40 as amended. All Loop safety-sensitive transit employees shall be subject to testing prior to performing safety-sensitive duties, for reasonable suspicion, following an accident, and on a random basis as defined in Sections 7. A through 7. D of this policy. Random, reasonable suspicion, and follow-up tests for alcohol must only be conducted just before, during, or just after the employee performs a safety-sensitive function.
Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved and certified by the U.S. Department of Health and Human Services (DHHS). All testing will be conducted consistent with the procedures put forth in 49 CFR Part 40, as amended.
The drugs that will be tested for include:

Marijuana (THC),
Cocaine,
Opioids, (including codeine, morphine, heroin, oxycodone, oxymorphone, hydrocodone, and hydromorphone)
Amphetamines, (including methamphetamines and ecstasy)
Phencyclidine (PCP).

An initial drug screen will be conducted on each urine specimen. For those specimens that are not negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) or Liquid Chromatography/Mass Spectrometry (LC/MS) test will be performed at a DHHS certified laboratory. The test will be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40, as amended.
Any applicant submitting to a pre-employment drug test for a safety-sensitive position, or any existing covered safety-sensitive employee submitting to any required drug test, who tests “negative-dilute” shall be required to submit to a second test. Any applicant or covered employee testing “negative dilute” on their second test will be considered to have had a negative result and this second test will be regarded as the test of record. The retest will not be collected under direct observation, unless there is another basis for use of direct observation, as directed by the Medical Review Officer (MRO). Refusal to take a second test shall constitute a refusal to submit to a drug test.
Tests for breath alcohol concentration will be conducted utilizing a device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath alcohol concentrations. Approved devices are listed on ODAPC’s web page for “Approved Evidential Breath Measurement Devices” as they conform with the model specifications available from NHTSA.
Any covered employee who questions the results of a required drug test under this policy may request that the split sample be tested. The split sample test must be conducted at a second DHHS-certified laboratory. The test must be conducted on the split sample that was provided by the employee at the same time as the primary sample. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee’s request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified result. Requests after 72 hours will only be accepted at the discretion of the MRO if the delay was due to documentable facts that were beyond the control of the employee.

6. TESTING TYPES AND CIRCUMSTANCES

Morrow County, in compliance with the testing regulations set forth under the FTA and DOT, shall conduct drug and/or alcohol testing at: pre-employment, post-accident, reasonable suspicion, random, return-to-duty, and follow-up situations.

Pre-employment testing

All covered employees or applicants must take a pre-employment drug test with a verified negative result before performing a safety-sensitive function for the first time. If the test is cancelled, the employee/applicant must retake and pass the test before being hired. Employees may not be transferred from a non-safety-sensitive function to a safety-sensitive function until the employee takes a USDOT pre-employment drug test with a verified negative result. When a covered employee or applicant has not performed a safety-sensitive function for 90 consecutive calendar days regardless of the reason, and the employee has not been in the employer’s random selection pool during that time, The Loop shall ensure that the employee takes a pre-employment drug test with a verified negative result before returning to the performance of safety-sensitive functions. A covered employee or applicant who has previously failed or refused a USDOT pre-employment drug test is required to provide evidence that he/she has successfully completed a referral, evaluation, and treatment plan consistent with the requirements of 49 CFR Part 40, as amended.

Reasonable Suspicion Testing

Safety-sensitive employees may be subject to urine and/or breath testing when The Loop has reasonable suspicion to believe that the covered employee has used a prohibited drug and or engaged in alcohol misuse. A reasonable suspicion referral for testing will be made on the basis of documented objective facts and circumstances which are consistent with the short-term effects of prohibited drug use or alcohol misuse.

Reasonable suspicion referrals must be made by a supervisor or other company official who is trained to detect the signs and symptoms of drug and alcohol use and who reasonably concludes that an employee may be adversely affected or impaired in his/her work performance due to objective evidence, based upon specific, contemporaneous, articulable observations of the employee’s appearance, behavior, speech or body odor that are consistent with possible drug use and/or alcohol misuse. A reasonable suspicion alcohol test can only be conducted just before, during, or just after the performance of a safety-sensitive job function.

Post-Accident Testing

Safety-sensitive employees will be required to undergo urine and breath testing if they are involved in an accident with a Loop vehicle (regardless of whether or not the vehicle is in revenue service) that results in a fatality. This includes all surviving employees who are operating the vehicles and any other safety-sensitive employees whose performance could have contributed to the accident as determined by the employer using the best information available at the time of decision.

In addition, a post-accident test will be required on each covered employee operating the public transportation vehicle at the time of the accident if at least one of the following conditions is met:

One or more individuals receive bodily injuries and immediately receives medical treatment away from the scene of the accident unless the covered employee can be completely discounted as a contributing factor to the accident.
One or more vehicles incurs disabling damage as a result of the occurrence and must be transported away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident.

Disabling damage is defined as damage which precludes the departure of a motor vehicle from the scene of an accident in its usual manner in daylight after simple repair. This includes damage to vehicles that could have been driven, but would have been further damaged by such movement (i.e. limped away). Disabling damage does not include damage that can be readily fixed on the scene, tire disablement, headlight or taillight damage, or damage to turn signals, horn, or windshield wipers.

In addition, any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of decision, will be tested. Covered employees will be tested using appropriate federal Alcohol Testing Forms (ATF) and federal drug testing Custody and Control Forms (CCF).

Following an accident, The Loop will notify the transit employee operating the transit vehicle, and all other covered employees whose performance could have contributed to the accident, of the need to test. Post-Accident testing will be conducted as soon as possible, but not to exceed eight hours (8) for alcohol testing and thirty-two (32) hours for drug testing. The Loop will attempt to conduct the alcohol test within two (2) hours of the accident. If unable to conduct the alcohol test within two (2) hours, The Loop will document the reason and continue trying to conduct the alcohol test. If The Loop is unable to conduct the post-accident test within the allotted time period of eight (8) hours for alcohol testing and thirty-two (32) hours for drug testing, efforts will cease and the reason will be documented.
Any employee involved in an accident must refrain from alcohol use for eight hours following the accident or until he/she undergoes a post-accident test. Any Loop employee who leaves the scene of the accident without notifying the employer or employer representative and, does not remain readily available, without justifiable explanation prior to submission to drug and alcohol testing may be considered to have refused the test.
Nothing in this section shall be construed to prevent or delay in any way the rendering of necessary medical attention for any injured person, treatment of the covered employee, or the employee’s departure from the scene to obtain necessary emergency medical attention.

Random Testing

All covered Loop employees will be subjected to random, unannounced testing in accordance with 49 CFR Part 655. The selection of employees for random drug and alcohol testing will be made using a scientifically valid method that allows no discretion by personnel as to who is selected and ensures each safety-sensitive employee that they will have an equal chance of being selected each time a selection is made. The random selection of covered employees ordered for testing shall be spread reasonably throughout the year during all times and days in which safety sensitive functions are conducted. A covered employee may be randomly tested for prohibited drug use anytime while on duty. Random alcohol testing can only be conducted just before, during, or just after the performance of safety sensitive functions. The prohibited drugs that will be randomly tested under 49 CFR Part 40, subpart F are:

The selected employee must proceed immediately and directly to the testing site upon notification of their random selection and must remain at the testing site until the testing process is complete. On an annual basis, the number of tests administered will equal at least the minimum percentage of the total number of safety-sensitive employees in the testing pool as established annually by the FTA administrator.

Return-to-Duty Follow Up

A covered employee who has violated any of the provisions of this policy and is allowed to return to duty must successfully complete the substance abuse professional-(SAP) return-to-duty requirements in 49 CFR Part 40 and submit to a return-to- duty test before they may be returned to their position. The return-to-duty test may be subject to direct observation, and the result must indicate an alcohol concentration < 0.02 or a verified negative result on a drug test. The type of test administered is based upon the follow-up testing plan developed by the SAP. The SAP must direct at least 6 follow-up tests in the first 12 months after the employee returns to safety-sensitive duties.

7. RELEASE OF RECORDS

The Loop affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. The Loop will release testing records and results only to those authorized by federal rules, such as:

The employee, upon written request, is entitled to obtain copies of any records pertaining to their use of prohibited drugs or misuse of alcohol including any drug or alcohol testing records. Covered employees have the right to gain access to any pertinent records such as equipment calibration records, and records of laboratory certifications. Employees may not have access to SAP follow-up testing plans.
Records of a verified positive drug/alcohol test result shall be released to the designated employer representative, and other transit system management personnel on a need to know basis.
Records will be released to a subsequent employer only upon receipt of a written request from the employee.
Records of an employee’s drug/alcohol tests shall be released to the adjudicator in a grievance, lawsuit, or other proceeding initiated by or on behalf of the tested individual arising from the results of the drug/alcohol test. The records will be released to the decision maker in the proceeding.
Records will be released to the National Transportation Safety Board during an accident investigation.
Information will be released in a criminal or civil action resulting from an employee’s performance of safety-sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test information is relevant to the case and issues an order to the employer to release the information. The employer will release the information to the decision maker in the proceeding with a binding stipulation that it will only be released to parties of the proceeding.
Records will be released to the USDOT or any USDOT agency with regulatory authority over the employer or any of its employees.
Records will be released if requested by a federal, state or local safety agency with regulatory authority over The Loop or the employee.
If a party seeks a court order to release a specimen or part of a specimen contrary to any provision of Part 40 as amended, necessary legal steps to contest the issuance of the order will be taken.
In cases of a contractor or sub-recipient of a state department of transportation, records will be released when requested by such agencies that must certify compliance with the regulation to the FTA.

8. REFUSAL TO SUBMIT TO DRUG AND/OR ALCOHOL TESTING

Any Loop employee who refuses to test as defined in this policy, 49 CFR Part 40, as amended, and/or other USDOT Agency regulations will immediately be removed from his/her safety-sensitive duties, provided with a list of USDOT qualified Substance Abuse Professionals (SAPs). Refusal to submit to a drug and/or alcohol test as required by this Policy includes:

Fail to appear for any test (except a pre-employment test) within a reasonable time as determined by employer.
Fail to provide a sufficient quantity of urine specimen or breath sample, when directed, and it has been determined, through a required medical evaluation, that there is no valid medical explanation for the failure.
Fail to remain at the testing site until the testing process is complete. (Exception: an applicant that leaves the testing site before a pre-employment test begins is not deemed to have refused to test).
Fail to provide a urine or breath specimen for any drug test required by regulations. (Exception: an applicant who does not provide a urine specimen for a pre- employment test because they left the testing site before the testing procedure begins is not deemed to be a refusal).
Fail to cooperate with any part of the testing process.
Fail or decline to take an additional test that the employer or collector has directed the employee to take.
For a direct observation or monitored collection, fail to permit the observation or monitoring of your provision of a specimen.
Fail to follow the observer’s instructions during an observed collection including instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process.
Fail to undergo a medical examination or evaluation, as directed by the MRO (Medical Review Officer), or as directed by the DER (Designated Employer Representative).
MRO (Medical Review Officer) reports that you have a verified adulterated or substituted test result.
Fail to remain readily available for required testing following an accident.
Fail to sign Step 2 of the Alcohol Testing Form (ATF).
Admit to the collector or MRO that you adulterated or substituted the specimen.
Possess or wear a prosthetic or other device that could be used to interfere with the collection process.

9. COLLECTIONS REQUIRING DIRECT OBSERVATION

Directly observed or monitored collection procedures will be in accordance with 49 CFR Part 40, as amended. Directly observed collection will be required:

Anytime the employee is directed to provide another specimen because the temperature range was out of the accepted temperature range of 90F -100F.
Anytime the employee is directed to provide another specimen because the original specimen appeared to have an attempt to tamper with it.
Anytime a collector observes materials brought to the collection site and the employee’s conduct clearly indicates an attempt to tamper with a specimen.
Anytime the employee is directed to provide another specimen because the laboratory reported to the MRO that the original specimen was invalid and the MRO determined that there was not an adequate medical explanation for the results.
Anytime the employee is directed to provide another specimen because the MRO determined that the original specimen was positive, adulterated, or substituted, but had to be cancelled because the test of the split specimen could not be performed.
All follow-up tests
All return-to-duty tests

10. EMPLOYEE’S OR APPLICANT’S PRIOR DRUG AND ALCOHOL TESTING RECORDS

The Loop must check on the prior drug and alcohol testing records of employees or applicants intended to be placed in safety-sensitive positions. Employees or applicants that will be employed in safety-sensitive positions are required (even if ultimately not hired) to provide The Loop with signed written release requesting USDOT drug and alcohol records from all previous, USDOT covered, employers that the applicant has worked for within the last two years. The Loop is required to ask all applicants (even if not ultimately hired) if they have tested positive or refused to test on a pre-employment test for a USDOT covered employer within the last two years. If the applicant has tested positive or refused to test on any USDOT test, the applicant must provide The Loop proof of having successfully completed a referral, evaluation and treatment plan as described in Section 49 CFR Part 655.62 of Subpart G.

11. ADHERENCE AND CONSEQUENCES

A refusal to test, positive drug test, or alcohol test result with a BAC of 0.04 or above by a safety- sensitive employee will result in the immediate removal of that person from safety-sensitive duty and a referral to a list of USDOT qualified Substance Abuse Professionals (SAP) as listed by the Substance Abuse and Mental Health Services Administration (SAMHSA).

Discipline for Positive Drug Tests

Upon receiving the initial report of a verified positive test result from the Medical Review Office, the employee will be placed on paid Administrative Leave while awaiting the written report of the test and their first visit to the SAP. Further review and disciplinary follow-up based on the totality of the facts in an investigation may lead to discipline up to and including termination.

Discipline for Breath Alcohol Tests

If the initial breath alcohol test indicates an alcohol concentration of 0.02 or greater, a second test will be performed at least five minutes apart to confirm the results of the initial test. A Loop employee who has confirmed alcohol concentration of equal to or greater than 0.02 but less than 0.04 will be removed from his/her position for eight hours unless a retest results in a concentration measure of less than 0.02. Further review and disciplinary follow-up based on the totality of the facts in an investigation may lead to discipline up to and including termination.

An alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy and a violation of the requirements set forth in 49 CFR Part 655 for any employee. Further review and disciplinary follow-up based on the totality of the facts in an investigation may lead to discipline up to and including termination.
Any and all positive tests for alcohol and/or identified substances of abuse may result in discipline up to, and including termination. Morrow County reserves the right to require the employee to enter into a Last Chance Agreement for any employee affected under this section as a condition of continued employment by the county. However, the county is not obligated to offer this conditional re-instatement to all employees who tests positive under this policy and will make a decision regarding reinstatement on a case-by-case basis.

12. REFERRALS TO SUBSTANCE ABUSE PROFESSIONALS

The supervisor will refer the individual for evaluation by a Substance Abuse Professional (SAP). A SAP is a licensed physician, licensed or certified psychologist, social worker, employee assistance professional, state-licensed or certified marriage and family therapist, or drug and alcohol counselor certified by an organization listed at https://www.transportation.gov/odapc/sap with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. This referral is solely for the benefit of and will be the financial responsibility of the employee to determine what assistance the individual needs in resolving problems associated with prohibited drug use or alcohol misuse. Follow-through is at the discretion of the individual, this referral may also be a required component of the employee maintaining their employment with the County. The employee will also be expected to authorize communications between the SAP and the County for the purposes of determining treatment compliance and re-entry to their job in a safety sensitive position.

13. COMMUNICATION AND TRAINING

The Loop Drug and Alcohol Policy will be provided to each safety- sensitive employee, supervisor and manager. A signed confirmation of receipt form will be placed in each employee's personnel file. Orientation sessions with employees, either one on one, or in a group, will be conducted upon adoption of the policy, and upon the addition of any new elements or major policy revisions.
The following training will be provided for safety-sensitive employees and supervisors.

Safety-sensitive employees will receive one hour of training on the effects and consequences of drug use on personal health, safety, and the work environment. The training also includes manifestations and behavioral cues that may indicate prohibited drug use.
All supervisory personnel or company officials who are in a position to determine employee fitness for duty will receive 60 minutes of reasonable suspicion training on the physical, behavioral, and performance indicators of probable drug use and 60 minutes of additional reasonable suspicion training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse. This training is in addition to the one hour of training required for all employees as indicated above.

PROPER APPLICATION OF THE POLICY

The Loop is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supervisors are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination.

SYSTEM CONTACT PEOPLE (Subject to change as required)

Any questions regarding this policy or any other aspect of the drug-free and alcohol-free transit program should contact the following transit system representative:

Drug and Alcohol Program Manager:

Name: Ben Tucker: Transit Manager

Address: Morrow County Public Transit

365 W HWY 74: Lexington, OR 97839

PO Box 495: Heppner, OR 97836

Phone: (541)-676-5667 Cell Phone: (541)-256-6106

Fax : (541) 676-5619

Email : btucker@co.morrow.or.us

Medical Review Officer:

Name: Phillip Lopez, M.D. - MRO Services

Address: 3501 SW 185th Ave.

Miramar, Fl. 33029-5801

Phone: (954) -592-8912

Fax: (954) -450-9495

Email: mroexpress@gmail.com

Drug & Alcohol Third Party Administrator:

Name: Advanced Business

Intervention National Medical Services

Contact: Lynn Samson

Address: P.O. Box 682

John Day, Or. 97845

Phone: (877) – 875-9530 Cell Phone: (541) 620-0883

Fax: (541)566-7104

Substance Abuse Professional (SAP) Listing:

A current SAP list will be provided upon request or as required by current USDOT regulations. Please contact Ben Tucker at Morrow County Special Transportation The Loop office for more information at 541-567-5667.

THE LOOP SAFETY-SENSITIVE POSITIONS:

CDL Bus Drivers

Demand Response Drivers

Fixed Route Drivers

Public Transportation Mechanic

Transportation Coordinator

Transportation Dispatcher

Volunteer Drivers

CERTIFICATION OF APPROVAL BY THE GOVERNING BODY

This policy was approved, as revised, by the Board of Commissioners of The Loop - Morrow County Transportation meeting on November 12, 2020.

Drug & Alcohol Policy

Drug and Alcohol Policy for Transportation Services

Contact Information