Police Department Policy

11-10 (New 2-95)_Federally Mandated Random Drug and Alcoh_2824-12262019

Sacramento County Sheriff

Policy Text
Page 1 of 12 11/10 (New 2/95) Federally-Mandated Random Drug and Alcohol Testing Program The purpose of this Order is to establish procedures for random drug and alcohol testing for compliance with US Department of Transportation gui delines. I. General The US Department of Transporta tion (DOT) enacted guidelines th rough the Federal Highway Administratio n (49 CFR Part 382) a nd Federal Transit Ad ministration (49 CFR Parts 653 and 654) which mandate ur ine drug testing and breatha lyzer testing for safety-sensitive classifications , and prevent performance of sa fety-sensitive functions when a positive test results. T he DOT enacted 49 CFR Part 40 es tablishing standards for the collection and testing of urine and breath specimens. II. Applicability All employees who posse ss a California commercial driver’s lice nse and use, or may be called upon to use, that d river’s license in the perform ance of their duties shall be subject to alcohol and drug testing to include pre-emp loyment (prior to appointment to a position that will or may use the commercial l icense), random, reasonable suspicion, post-accide nt, and return-to-duty testing as prescribed by County policy and procedures J-7 and federal law. Additionally, employees providing security services for a Federal Transit Administratio n agency are subject to testing as well. Posit ions within the Department tha t would be subject to this testing are, but no t limited to, the following: A. Sworn and non-sworn employees with commercial driver’s licen ses assigned to, or who may be assig ned to, driving County vehicles in the course of their employment which requires a commercial license. B. Sworn personnel assigned to t he Regional Transit Detail. III. Confidentiality The County of Sacramento and t he Sheriff’s Department affirms t he need to protect individual dignity, pri vacy, and confidentiality throug hout the testing process. All records regarding testing shall be regarded as ext remely confidential and maintained accordingly in the employee’s medical file maint ained in the Personnel unit. Page 2 of 12 11/10 (New 2/95) IV. Scope of Test A. Analytical urine testing and br eath testing for alcohol will be conducted as required by federal regulations. T esting shall be conducted in a manner that assures a high degree of acc uracy and reliability and usin g techniques, equipment, and laborator y facilities which have bee n approved by the US Department of H ealth and Human Services. All testing will be conducted consiste nt with the procedures set fo rth in 49 CFR Part 40. B. Drugs to be tested for are ma rijuana, cocaine, opiates, amph etamines, and phencyclidine (PCP). An init ial drug screen will be conduct ed on each specimen (emit). Specimens testi ng positive will be confirmed u sing gas chromatography/mass spectrometry (GC/MS) procedures. Minimum thresholds for a positive test s hall be those established in 49 CFR Part 40. C. Tests for alcohol concentration shall be conduc ted using a N ational Highway Traffic Safety Administr ation (NHTSA) approved evidenti al breath testing (EBT) device oper ated by a trained breath alcoho l technician. If the initial test i ndicates an alcohol concentrat ion of greater than .00, a second test will be ad ministered. An employee with a confirmed alcohol concentration of greater than .00 but less th an .04 shall be immediately relieved of duty for at least 24 hours following the test. A confirmed alcohol concentration of .04 or greater shall be cons idered positive and in violation of th is order and County policy. V. Testing Requirements/Procedures A. Pre-Employment 1. Applicants for both sworn and non-sworn positions within the Sheriff’s Department are subjec t to drug testing prior to employment. Applicants for DOT sa fety-sensitive positions, as defined in this order, shall under go urine and drug testing and breath alcohol testing prior to a cceptance into the DOT safety- sensitive position. Failure of a drug or alcohol test or a refu sal to participate shall disqualify the applicant from further conside ration for the position and may subject t he employee to disciplinary a ction up to and including termination. B. Random 1. All employees in DOT safety-s ensitive classifications are su bject to random, unannounced testing for alcohol and controlled substances. Random selection sh all be conducted using a scientifically-valid method. Page 3 of 12 11/10 (New 2/95) 2. The Personnel unit shall mainta in the file for all employees subject to testing (testing pool). A random ly selected computer-generat ed list of employees subject to testi ng shall be pulled periodical ly. This list shall include: a. Employee name, class code, work location, and personal identifiers. b. Clinic site for test. c. Date of test. 3. An employee letter of notific ation along with an “Employee C linic Passport” (Appendix A) shall be fa xed to the affected employee’ s division commander on the sc heduled date of the test. The employee shall be se rved notice of

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