A2235 - REDLINE RESCIND.PDF

MARICOPA COUNTY INTERNAL POLICY
Policy Title:
Policy Number: A2235
SUBSTANCE ABUSE POLICY FOR
Current Adoption 5-21-2008MM-DD-
EMPLOYEES SUBJECT TO FEDERAL
Date: YYYY
TRANSPORTATION AND FEDERAL TRANSIT Current 7-1-2008MM-DD-
REGULATIONS Implementation Date: YYYY
Board Agenda
Approved by: Number: C-##-##-###-#-##
BOARD OF SUPERVISORS Original Adoption
12-12-1994
Date:
RESCIND REASON
County Policy A2235 is no longer current, and the relevant content of this policy has been
absorbed into Policy A2234 – Injury and Illness Prevention Plan. Risk Management has
reviewed and has indicated the need to rescind this policy.
Revision History
Version Revision Date Description of Revision
1 12 Dec 1994 Initial version
2 15 Nov 2006 Amended
3 21 May 2008 Amended by the Board of Supervisors
4 MM-DD-YYYY Rescind policy (C-##-##-###-#-##)
Page 1 of 16

Policy Title: Policy Number: A2235
SUBTANCE ABUSE POLICY FOR EMPLOYEES
SUBJECT TO FEDERAL TRANSPORTATION AND Current Adoption 05-21-2008MM-DD-
FEDERAL TRANSIT REGULATIONS Date:RESCINDED: YYYY
I. PURPOSE
A. Maricopa County is dedicated to providing safe and efficient service to its
constituents. Our employees are our most valuable resource in ensuring the
quality of our services. Maricopa County also recognizes that drug and alcohol
abuse have a highly adverse impact upon the professional and personal lives
of employees. The goal of Maricopa County is, therefore, to provide employees
with a workplace environment which promotes health and safety.
B. Maricopa County will not tolerate unauthorized use, abuse, misuse,
possession, or sale of controlled substances and alcohol by its employees.
Drug and alcohol testing will be an integral part of Maricopa County's program
for all employees covered by this policy.
C. Maricopa County will provide training, education, and other assistance to our
employees to help them understand their responsibilities in achieving a drug-
free environment and the dangers of workplace drug and alcohol abuse.
Maricopa County's intent is to maintain a drug-free workplace by making
available counseling, rehabilitation and employee assistance programs, and by
imposing penalties upon employees for drug abuse violations occurring at the
workplace.
D. Non-compliance with this policy will result in disciplinary action up to and
including termination.
II. APPLICATION
A. This policy applies to all employees and volunteers of Maricopa County who
are covered by the applicable Federal Highway Administration (FHWA),
Federal Motor Carrier Safety Administration (FMCSA) regulations, 49 C.F.R.
Part 40 and 382, et seq. and the applicable Federal Transit Administration
(FTA) regulations, 49 C.F.R. Part 655. Employees include, but are not limited
to all employees who operate a commercial motor vehicle, whether full time,
regularly employed drivers, casual, intermittent or occasional drivers, leased
drivers and independent owner-operator contractors, who are either directly
employed by Maricopa County or are under lease to Maricopa County, or
drivers who operate a commercial motor vehicle at the direction of or with the
consent of Maricopa County. Employees covered under FTA standards will
Page 2 of 16

Policy Title: Policy Number: A2235
SUBTANCE ABUSE POLICY FOR EMPLOYEES
SUBJECT TO FEDERAL TRANSPORTATION AND Current Adoption 05-21-2008MM-DD-
FEDERAL TRANSIT REGULATIONS Date:RESCINDED: YYYY
submit to drug and alcohol testing administered in accordance with 49 CFR
Part 655.
B. Employees also include all mechanics that service commercial and
revenue/non-revenue vehicles, first-line supervisors of CDL drivers (route
supervisors, terminal supervisors, and maintenance foremen), mass transit
carriers, dispatchers, revenue/non-revenue operators, and
revenue/nonrevenue vehicle dispatchers, and security officers who hold
firearms. All individuals covered by this policy are generically referred to as
"employees" throughout this policy. Inquiries regarding the application of this
policy should be directed to the Risk Management Occupational Safety
Division, Safety Manager.
C. Applicable Regulations
This policy has been adopted to comply with FMCSA regulations, 49 C.F.R.
Part 40 and 382 et Seq.; FTA regulations, 49 C.F.R. Parts 655, and the Federal
Drug Free Workplace Act of 1988. This policy is also adopted under
independent authority of the Maricopa County Board of Supervisors, and
violation of this policy shall result in discipline up to and including termination.
III. DEFINITIONS
A. Adulterated Specimen: A specimen that contains a substance that is not
expected to be present in human urine or contains a substance expected to be
present but is at a concentration so high that it is not consistent with human
urine.
B. Appointing Authority: An elected official, the single administrative or
executive head of a Department/Special District, or the designated
representative authorized to act in this capacity.
C. Cancelled Test: a drug or alcohol test that has a problem identified that cannot
be or has not been corrected or which regulations otherwise requires to be
cancelled. A cancelled test is neither a positive or negative test.
D. CDL: Commercial Drivers License, license issued to operate Commercial
Motor Vehicles as defined by FHWA and FTA to include Class A, B, & C
licenses with appropriate endorsements.
E. Diluted Specimen: A specimen with creatinine and specific gravity values that
is lower than expected in human urine. Creatinine is a white crystalline
nitrogenous substance, found in muscle, blood and urine.
F. Dispatcher: An employee who controls the movement of a revenue service
vehicle.
Page 3 of 16

Policy Title: Policy Number: A2235
SUBTANCE ABUSE POLICY FOR EMPLOYEES
SUBJECT TO FEDERAL TRANSPORTATION AND Current Adoption 05-21-2008MM-DD-
FEDERAL TRANSIT REGULATIONS Date:RESCINDED: YYYY
G. Driver: A person who operates a vehicle. An operator of a vehicle
H. FHWA: Federal Highway Administration, a division under the US Department
of Transportation regulating Commercial Drivers Licenses and Commercial
Motor Carriers.
I. FMCSA: Federal Motor Carrier Safety Administration, a division under the US
Department of Transportation regulating Motor Carrier safety and drug testing.
J. FTA: Federal Transit Administration, a division under the US Department of
Transportation regulating transit activities.
K. Performing (a safety sensitive function): A driver dispatcher/mechanic is
considered to be performing a safety sensitive function during any period in
which he/she is actually ready to perform, or immediately available to perform
any safety sensitive function.
L. Medical Review Officer (MRO): A person who is a licensed physician and who
is responsible for receiving and reviewing laboratory results generated by an
employer's drug testing program and evaluating medical explanations for
certain drug test results.
M. Program Manager: The designated program manager will be the Maricopa
County Risk Management Occupational Safety Division, Safety Manager, at:
Maricopa County Risk Management
Occupational Safety Division
2901 West Durango St.
Phoenix, Arizona 85009
(602) 506-8601 (OFFICE)
(602) 506-6496 (FAX)
N. Refusal to Submit (to an alcohol or controlled substance test): A failure to
appear for a test in the allocated time; failure to provide a urine sample; failure
to remain at the lest site; failure to permit an observed or monitored test; failure
to provide a sufficient amount of urine; failure to take a second test the
employer or collector has directed the employee to take; failure to undergo a
medical examination or evaluation, as directed by the MRO as part of the
verification process; or failure to cooperate with any part of the testing program.
O. Safety Sensitive Function: Is work performed by employees that is identified
in 49 CFR part 382.107 and 655.4, which define safety sensitive functions.
P. Service Providers:
Page 4 of 16

Policy Title: Policy Number: A2235
SUBTANCE ABUSE POLICY FOR EMPLOYEES
SUBJECT TO FEDERAL TRANSPORTATION AND Current Adoption 05-21-2008MM-DD-
FEDERAL TRANSIT REGULATIONS Date:RESCINDED: YYYY
1. Any person or entity who provides services related to this policy are, as a
matter of law, required to comply with all applicable provisions of applicable
federal regulations and such requirement shall be a material term of any
contracts, agreements, or arrangements with Maricopa County.
2. A laboratory or laboratories selected from the Substance Abuse and
Mental Health Services Administration list of certified drug and/or alcohol
testing laboratories will be selected in accordance with Maricopa County
procurement procedures. A current list of approved drug testing
laboratories may be obtained by contacting SAMHSA at (800) 662-HELP.
Q. Substituted Specimen: A specimen with creatinine and specific gravity
values that are so diminished that they are not consistent with human urine.
R. Training:
1. Initial and annual education programs shall be completed by all employees
covered by this policy. Such training will consist of at least 60 minutes of
training on the effects and consequences of substance abuse on personal
health, safety, and the work environment, and on the behavioral changes
that may indicate substance abuse.
2. All Maricopa County supervisors and administrative staff with
responsibilities for CDL/FTA employees shall complete training for a
minimum of 120 minutes on the physical, behavioral, and performance
indicators of probable drug or alcohol use.
IV. POLICY
A. Specimen Collection and Testing Procedure
1. Referral for Testing
a. Drug and/or alcohol testing shall be conducted for all safety sensitive
employees in the following circumstances:
i. Pre-placement
ii. Reasonable Suspicion
iii. Random
iv. Post Accident
v. Return-to-Duty
Page 5 of 16

Policy Title: Policy Number: A2235
SUBTANCE ABUSE POLICY FOR EMPLOYEES
SUBJECT TO FEDERAL TRANSPORTATION AND Current Adoption 05-21-2008MM-DD-
FEDERAL TRANSIT REGULATIONS Date:RESCINDED: YYYY
b. Drug testing shall only be done for marijuana, cocaine, opiates,
phencyclidine (PCP), amphetamines and their metabolites. Alcohol
testing shall be done by a Breath Alcohol Test (BAT).
2. Pre-placement Testing
a. As part of pre-placement examination requirements, all applicants who
are selected for potential employment requiring CDL or FTA Safety
Sensitive position will be required to pass a pre-placement drug test prior
to employment. Any employee who will be transferred or promoted to a
position requiring a Commercial Drivers License (CDL) shall complete a
pre-placement drug test prior to CDL assignment. This pre-placement
test will be conducted in conjunction with the Department of
Transportation (DOT) pre-placement examination.
b. Any applicant that fails to pass a pre-placement drug screen will not be
hired, and will be ineligible for employment for a period of one year from
the date of the failed test. After one year from date of test, the applicant
may reapply for a CDL or FTA Safety Sensitive Position and must
demonstrate that the applicant has successfully completed an approved
treatment and rehabilitation program and passed the pre-placement drug
screen.
c. Employees who are selected for transfer and/or reassignment to a
(safety-sensitive) position will be required to pass a pre-placement drug
screen prior to placement. If the drug test is positive, the employee shall
be terminated. After one year from date of test, the employee may reapply
for a CDL or FTA Safety Sensitive Position and must demonstrate that
the employee has successfully completed an approved treatment and
rehabilitation program and pass the pre- placement drug screen.
d. For FTA safety-sensitive positions only, if otherwise qualified an
individual with permanent or long term disabilities that directly render
them unable to provide an adequate urine specimen will be able to
perform FTA safety-sensitive duties despite their inability to provide urine
during a pre-employment test. The Medical Review Officer (MRO) will
determine long term inability to provide urine by medical examination and
consultation with the employee's physician.
e. All pre-placement drug testing will be coordinated through the Program
Manager and the Departmental Human Resources Representatives.
3. Reasonable Suspicion Testing
Page 6 of 16

Policy Title: Policy Number: A2235
SUBTANCE ABUSE POLICY FOR EMPLOYEES
SUBJECT TO FEDERAL TRANSPORTATION AND Current Adoption 05-21-2008MM-DD-
FEDERAL TRANSIT REGULATIONS Date:RESCINDED: YYYY
a. The decision to require a drug and alcohol test for reasonable suspicion
is appropriate only when based on specific, contemporaneous,
articulable, observations concerning the appearance, behavior, speech,
or body odors of the employee. The observations may include
indications of the chronic and withdrawal effects of controlled
substances.
b. Reasonable suspicion drug or alcohol testing will be conducted when a
supervisor has been trained in the facts, circumstances, physical
evidence, physical signs and symptoms, or patterns of performance
and/or behavior that are associated with substance use. A reasonable
suspicion checklist is attached (Appendix H) to be used to assist
supervisors in the referral process.
c. When an employee, by personal observation or report of the employee's
behavior, is reasonably suspected of being impaired or under the
influence, and as a result may be unable to perform the duties of their
position safely, the employee will be ordered to immediately submit to a
drug and alcohol test. Attached in Appendix F is the Maricopa County
Impaired Behavior Report Form. This form must be completed and
attached to the employee "consent form" prior to testing. This form must
be completed in detail specifying specific current observations of the
impaired employee's behavior.
d. Once a supervisor has reasonable suspicion to believe that the
employee's behavior warrants testing, the following steps must be
followed:
i. The supervisor must isolate and inform the employee of
supervisor's observation and that a drug and alcohol test is
required. This discussion must take place in a private setting.
ii. The employee shall be given an opportunity to explain if there is a
reason for the observed behavior. If the employee offers a reason
for the behavior, the supervisor shall make notes of the
explanation and shall explain to the employee that the test is still
required to verify the explanation.
iii. If the employee refuses to submit to the testing, the supervisor
shall inform the employee that refusal to comply with the direction
to be tested is insubordination and shall result in termination.
Page 7 of 16

Policy Title: Policy Number: A2235
SUBTANCE ABUSE POLICY FOR EMPLOYEES
SUBJECT TO FEDERAL TRANSPORTATION AND Current Adoption 05-21-2008MM-DD-
FEDERAL TRANSIT REGULATIONS Date:RESCINDED: YYYY
iv. If the employee agrees to take the test, the supervisor shall
transport the employee to the designated testing facility. The
supervisor shall remain with the employee at the testing facility
until the procedures are concluded, but shall not go into the
examination room or sample collection room with the employee.
v. The testing facility shall require that the employee complete a
Federal Drug Testing Custody and Control form.
vi. A reasonable suspicion test shall be conducted immediately
following the determination that such test is required.
vii. After the sample collections are obtained, the employee shall be
placed on administrative leave with pay pending investigation. The
employee will be offered transportation to their home to prevent
additional safety concerns.
viii. The supervisor shall document the events that led to the direction
to take the test and any conversations with the employee including
all comments and admissions by the employee concerning the
procedure, as well as the conversations and events that followed
the request. The supervisor making the decision to Reasonable
Cause Test may not act as the BAT (Breath Alcohol Technician)
or STT (Screening Test Technician) for that test.
4. Post Accident Testing
a. As described below, employees may be required to take post accident
drug and alcohol tests. The employee will be placed on administrative
leave with pay pending the results of the testing. If the test indicates a
negative result for both drugs and alcohol, the employee will be returned
to duty without loss of pay.
b. For FMCSA covered employees, a post accident drug and alcohol test
will automatically be required in all accidents that result in a fatality, that
involve an injury to any person requiring medical treatment away from
the scene of accident, where the employee received a citation under
State or local law for a moving traffic violation arising from the accident,
or when 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.
c. FTA fatal-accident testing:
Page 8 of 16

Policy Title: Policy Number: A2235
SUBTANCE ABUSE POLICY FOR EMPLOYEES
SUBJECT TO FEDERAL TRANSPORTATION AND Current Adoption 05-21-2008MM-DD-
FEDERAL TRANSIT REGULATIONS Date:RESCINDED: YYYY
i. For all FTA covered employees, as soon as practicable following an
accident involving the loss of human life, an employer shall conduct
drug and alcohol tests on each surviving covered employee operating
the mass transit vehicle at the time of the accident. Post accident drug
and alcohol testing of the operator is not required under Part 655.44
if the covered employee is tested under the fatal accident testing
requirements of the FMCSA rule 49 CFR 389.303(a) or (b)(1).
(i) The employer shall also drug and alcohol test 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 the decision.
d. FTA nonfatal accidents:
i. As soon as practicable following an accident not involving the loss of
human life in which a mass transit vehicle is involved, the employer
shall drug and alcohol test each covered employee operating a mass
transit vehicle at the time of the accident unless the employer
determines, using the best information available at the time of the
decision, that covered employee's performance can be completely
discounted as a contributing factor to the accident. The employer shall
also drug and alcohol test 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 the
decision.
ii. For all covered employees, in accordance with 49 CFR Part 382.303
and 655.44 the post accident drug and alcohol test will be done
immediately, but in no event later than eight (8) hours after the
accident for alcohol testing and thirty-two (32) hours after the accident
for drug testing. Any employee subject to post accident testing, who
leaves the scene of an accident before a test is administered or fails
to remain readily available for testing, shall be deemed by Maricopa
County to have refused to submit to testing. Such a refusal is treated
as if the employee had a verified positive controlled substance test
result or had an alcohol test result of .04 or greater. Employees
subject to post accident testing shall not consume alcohol for 8 hours
after an accident or until after the post accident test, whichever occurs
later.
iii. If the post accident drug and alcohol test is not given within 2 hours
of the accident, the department shall prepare and maintain on file a
record stating the reasons for the delay. If the post accident drug test
Page 9 of 16

Policy Title: Policy Number: A2235
SUBTANCE ABUSE POLICY FOR EMPLOYEES
SUBJECT TO FEDERAL TRANSPORTATION AND Current Adoption 05-21-2008MM-DD-
FEDERAL TRANSIT REGULATIONS Date:RESCINDED: YYYY
is not given within 32 hours of the accident, the department shall
cease attempts to administer a drug test and prepare and maintain
on file a record stating the reasons the test was not administered in
time.
iv. Nothing in this section shall be construed to require the delay of
necessary medical attention for injured people following an accident
or to prohibit a driver from leaving the scene of an accident for the
period necessary to obtain assistance in responding to the accident,
or to obtain necessary emergency medical care.
v. The following steps will be followed by the supervisor in all Post
Accident testing:
(i) Any injuries must be treated first.
(ii) The employee and the supervisor will cooperate with all law
enforcement officials.
(iii) The supervisor shall explain to the employee that a drug and
alcohol test is required to determine if drugs or alcohol were a
contributing factor in the accident.
(iv) If the employee refuses to submit to the required testing, the
supervisor shall then inform the employee that refusal to comply
with the direction to be tested is insubordination and shall result
in termination. If the employee still refuses, they will be placed on
administrative leave with pay pending a pre-disciplinary hearing.
The employee will be offered transportation to their home to
prevent additional safety concerns.
(v) If the employee agrees to the request for testing, the supervisor
will transport the employee to the testing facility. The supervisor
will remain with the employee, but shall not go into the sample-
collection room.
(vi) The testing facility shall require the employee to complete a
Federal Drug Testing Custody and Control form. An employee's
refusal to sign the Federal Drug Testing Custody and Control
form or cooperate with the testing process will result in a pre-
disciplinary hearing.
(vii) After the sample collections are obtained, the employee will be
allowed to return to duty if their condition allows and it is not
Page 10 of 16

Policy Title: Policy Number: A2235
SUBTANCE ABUSE POLICY FOR EMPLOYEES
SUBJECT TO FEDERAL TRANSPORTATION AND Current Adoption 05-21-2008MM-DD-
FEDERAL TRANSIT REGULATIONS Date:RESCINDED: YYYY
suspected that drugs or alcohol were a contributing factor in the
accident. If it is suspected that drugs or alcohol may have been
involved, the employee shall be placed on administrative leave
with pay pending investigation. In these cases the employee will
be offered transportation to their home to prevent additional
safety concerns.
(viii) If the accident results in the employee's death, or being in an
unconscious condition, the Occupational Safety Division will work
with the Coroner or hospital to obtain the samples for testing, or
preservation for testing at a later date.
(ix) The supervisor shall document the accident in accordance with
this policy. The documentation will include information on the
required testing.
5. Random Testing
a. Random testing for drug and alcohol is conducted to detect and deter
prohibited drug and alcohol use. Random testing shall be unannounced
and unpredictable. Testing for FTA employees must be conducted at all
times of day when safety-sensitive functions are performed.
b. Arrangement and notification of selection for random testing will be done
by the Occupational Safety Division. The following guidelines will be
used:
i. A unique computerized selection number will be assigned to each
name in the drug/alcohol pool; these numbers will be used for random
selection without any correlation to actual employee names to avoid
any potential for subjectivity or bias.
ii. Using only the selected numbers the Occupational Safety Division
shall each month pull a computer-generated random number
selection which shall be used to select 0.883% of the pool for alcohol
testing, and 4.167% of the pool for drug testing.
iii. The Occupational Safety Division will notify the Departmental
Representative of the test target date, name, and type of test to be
conducted.
Page 11 of 16

Policy Title: Policy Number: A2235
SUBTANCE ABUSE POLICY FOR EMPLOYEES
SUBJECT TO FEDERAL TRANSPORTATION AND Current Adoption 05-21-2008MM-DD-
FEDERAL TRANSIT REGULATIONS Date:RESCINDED: YYYY
iv. Employees will be notified of their selection on the date of the testing,
after they have already reported for duty. Once the employee is
notified, they will immediately report to the designated testing facility.
v. If the employee refuses to submit to the required testing, the
supervisor shall inform the employee that refusal to comply with the
direction to take the test is insubordination and shall result in
termination.
vi. Any selected employee who is absent from duty on the dates
designated for random testing, will not be informed of their selection,
and will be tested as soon as they return to work if they return to work
during that selection period. The selection period is any time during
the designated month for testing. Random alcohol testing will only be
done just prior to, during, or just after an employee has performed
safety sensitive duties.
vii. The testing will be evenly distributed throughout the year. A specimen
collection will be done at different hours of the day and on different
days of the week throughout the year. Sample collection for random
testing will be done on the workday; however, the Occupational
Safety Division will determine when it is necessary or more cost
effective to conduct the sample collection at other times and locations.
6. Return to Duty Testing
a. If the circumstances warrant continued employment as outlined in
Section IX(B)(2)(a), the employee will be placed on a paid leave of
absence until the employee provides evidence of alcohol rehabilitation
and passes another alcohol test. The employee will be allowed to use
available benefits during this period.
b. Any safety-sensitive employee who is required to take a return-to-duty
alcohol test and successfully completes it must then participate in follow-
up testing for a minimum of 12 months, but not exceed 60 months with
6 month test occurring during the first 12 months. The Substance Abuse
Professional (SAP) (see appendix C) will determine the frequency and
duration of the follow-up testing. The follow-up testing is in addition to
the regular random testing program and the employee must participate
in both.
B. Disciplinary Actions
Page 12 of 16

Policy Title: Policy Number: A2235
SUBTANCE ABUSE POLICY FOR EMPLOYEES
SUBJECT TO FEDERAL TRANSPORTATION AND Current Adoption 05-21-2008MM-DD-
FEDERAL TRANSIT REGULATIONS Date:RESCINDED: YYYY
1. Drug Tests
A positive drug test shall result in termination.
2. Alcohol Tests
a. A positive alcohol test shall result in discipline as follows:
i. A positive alcohol test that shows a level of .04% or higher shall result
in termination.
ii. A positive alcohol test that shows a level of .02% to .039% shall result
in immediate removal of the employee from the workplace for a period
of 24 hours following notification of the test results and the employee
shall be subject to disciplinary action up to and including termination.
(i) If an employee has failed an alcohol test that resulted in a breath
alcohol level of .02 to .039, the employee is subject to discipline
up to and including termination. The Appointing Authority should
meet with the employee and discuss the circumstances leading
up to the alcohol level of .02 to .039. In no event will the employee
be allowed to return to duty until he or she passes a subsequent
alcohol test (See Section VIII.F), and provides evidence of
participation and successful completion of an EAP or
EAP-approved rehabilitation program
iii. For FTA employees, an alcohol test that is 0.02 or greater, but less
than 0.04 is considered a non-positive result by the FTA and FMCSA.
The employee still must be removed from a safety-sensitive position
pursuant to the FTA requirements. The employee must be removed
from safety-sensitive duties for a minimum of 24 hours or until they can
pass an alcohol test with a reading of less than 0.02.
iv. Additionally, if the Appointing Authority determines that the
circumstances do not require termination, the employee shall provide
a Substance Abuse Professional's (SAP) statement releasing the
employee for work prior to returning to duty. The Appointing Authority
may discipline the employee consistent with the Maricopa County
Employee Merit Resolution and Rules.
v. Employees who are released to return to work after complying with the
terms of this section will be required to enter into a behavioral contract
which shall contain provisions requiring the employee to participate in
the Maricopa County EAP program, and unannounced drug and
Page 13 of 16

Policy Title: Policy Number: A2235
SUBTANCE ABUSE POLICY FOR EMPLOYEES
SUBJECT TO FEDERAL TRANSPORTATION AND Current Adoption 05-21-2008MM-DD-
FEDERAL TRANSIT REGULATIONS Date:RESCINDED: YYYY
alcohol testing for up to 60 months at the discretion of Maricopa
County. An employee's refusal to enter such an agreement or abide by
the terms of the agreement shall result in termination.
3. Refusal to Cooperate
Refusal to cooperate in any testing procedure required by this policy shall
result in termination. Refusal to cooperate shall include refusal to take the
test, failure to remain at the test site, inability to provide a sufficient breath or
urine specimen without a valid medical explanation, tampering or
adulterating a specimen on the collection procedure, not reporting to the
collection site in the time allotted, leaving the scene of an accident without a
valid reason, or refusing to authorize release of information to Maricopa
County.
C. Additional Requirements
1. If an employee is convicted of a drug violation, the employee shall report
the conviction within five days to Human Resources. Failure to do so will
result in disciplinary action up to and including termination.
2. Prohibited Behavior:
a. Employees who perform Safety Sensitive Duty shall not consume alcohol
4 hours prior to duty, while on call, or while performing Safety Sensitive
duty
b. Alcohol use 8 hours after accident or until after Post Accident test
3. Nothing in this policy shall be construed to limit the scope or effect of any
other policy or procedure adopted by Maricopa County that may be
applicable to the conduct or discipline of an employee.
D. Confidentiality of Information
1. To the extent permitted by state and federal law, all records created or
obtained regarding the results of tests or counseling conducted under this
policy shall remain confidential, and shall be released only upon the written
authorization of the employee or applicant who was tested. Information
regarding test results or counseling may be reviewed by medical review
officers, legal counsel, EAP counselors, and management where such
review is deemed necessary for the purpose of ensuring the health, welfare,
or safety of the public, the employee, or co-workers or to establish cause for
disciplinary action under Maricopa County policies and the Maricopa County
Page 14 of 16

Policy Title: Policy Number: A2235
SUBTANCE ABUSE POLICY FOR EMPLOYEES
SUBJECT TO FEDERAL TRANSPORTATION AND Current Adoption 05-21-2008MM-DD-
FEDERAL TRANSIT REGULATIONS Date:RESCINDED: YYYY
Employee Merit System. The provision is intended to comply with the
requirements regarding confidentiality of medical information under the
Americans with Disabilities Act of 1990.
a. Any employee or applicant who is subject to a drug or alcohol test shall,
upon written request, be afforded access to the results of his or her own
tests. Federal or state regulatory agencies may, upon written demand,
permit the examination of all records related to the administration and
results of alcohol and controlled substance tests conducted under this
policy.
b. Any contracts with laboratories to provide services under this policy shall
require that the laboratory maintain test records in confidence. Such
contracts shall provide that a laboratory may only dispose test records of
an individual to the individual, medical review officers, legal counsel, EAP
counselors, management, or legal authority of competent jurisdiction.
c. An employee shall be notified in writing if any information is released as
the result of legal proceedings or a court order.
E. Program Evaluation
1. The Maricopa County Occupational Safety Division shall be responsible for
monitoring compliance with this policy and applicable federal Department of
Transportation (DOT) regulations.
2. Alcohol testing for up to 60 months at the discretion of Maricopa County. An
employee’s refusal to enter such an agreement or abide by the terms of the
agreement shall result in termination.
V. APPENDIX
A. Laboratory Testing
B. Urine Sample Collection
C. EAP
D. Reporting and Recordkeeping
E. Alcohol and Substance Abuse Checklist for Supervisors
F. Impaired Behavior Report Form
G. General Alcohol and/or Drug Screen Consent Form
H. Reasonable Suspicion Observation Checklist
I. Drugs and Their Effects
J. Drug Fact Sheets
Items 5 and 6 are reprints from the Implementation Guidelines for Anti-Drug
Programs in Mass Transit.
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Policy Title:
Policy Number: A2235
SUBTANCE ABUSE POLICY FOR EMPLOYEES
SUBJECT TO FEDERAL TRANSPORTATION AND Current Adoption 05-21-2008MM-DD-
FEDERAL TRANSIT REGULATIONS Date:RESCINDED: YYYY
Revision History
Version Revision Date Description of Revision
1 12 Dec 1994 Initial version
2 Amended
15 Nov 2006
21 May 2008 Amended by the Board of Supervisors
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