| (a) A VSF adopting paragraphs (1) - (12) will comply
with Texas Occupations Code, §2303.160.
(1) Purpose and Scope. This drug testing policy provides
guidance to supervisors and VSF employees about their responsibilities
under this policy. Except as stated in paragraph (12), this policy
applies to all VSF employees and all VSF job applicants.
(2) Definitions. The words and terms used in this policy
shall have their ordinary meaning unless the words or terms are used
in Texas Occupations Code, Chapter 2303 or Title 49 Code of Federal
Regulation Part 40, in which event the words or terms shall have the
meaning designated in those regulations.
(3) Consent Form.
(A) Before a drug test is administered, VSF employees
and applicants are required to sign a consent form authorizing the
test and permitting release of test results to the medical review
officer (MRO), the company, and the department. The consent form shall
provide space for employees and applicants to acknowledge that they
have been notified of the drug testing policy.
(B) The consent form shall set forth the following
information:
(i) the procedure for confirming and verifying an initial
positive test result;
(ii) the consequences of a verified positive test result;
and
(iii) the consequences of refusing to undergo a drug
test.
(C) The consent form also provides authorization for
certified or licensed attending medical personnel to take and have
analyzed appropriate specimens to determine if the tested drugs were
present in the towing operator's and applicant's system.
(4) Compliance with Drug Testing Policy. The failure
or refusal by a VSF employee or applicant to cooperate fully by signing
necessary consent forms or other required documents or the failure
or refusal to submit to any test or any procedure under this policy
in a timely manner will be grounds for refusal to hire or for termination.
The submission by an applicant or employee of a urine sample that
is not his/her own or is a diluted specimen shall be grounds for refusal
to hire or for termination.
(5) General Rules. This drug testing policy is governed
by these general rules:
(A) VSF employees shall not take or be under the influence
of any drugs unless prescribed by the employee's licensed physician.
(B) VSF employees are prohibited from engaging in the
manufacture, sale, distribution, use, or unauthorized possession of
illegal drugs at any time.
(C) All VSF property is subject to inspection at any
time without notice. There should be no expectation of privacy in
or on such property. VSF property includes, but is not limited to,
vehicles, desks, containers, files, and lockers.
(D) Any VSF employee convicted of violating a criminal
drug statute shall inform his/her supervisor of such conviction (including
pleas of guilty and nolo contendere) within
five days of the conviction occurring. Failure to inform the supervisor
subjects the employee to disciplinary action up to and including termination
for the first offense. The VSF will notify the Texas Department of
Licensing and Regulation of the conviction (including pleas of guilty
and nolo contendere).
(6) Types of Tests.
(A) Pre-employment. All applicants for positions requiring
a VSF employee license, who have received a conditional offer of employment,
must take a drug test before receiving a final offer of employment.
(B) Annual. All VSF employees employed by a VSF must
complete at least one scheduled drug test each 12-month period from
the date of the initial license or renewal.
(C) Random Testing. In addition to annual testing,
VSF employees are subject to random urine drug testing. Under this
policy, annual random test for drugs of at least 25 percent of the
total number of VSF employees is required.
(i) A minimum of 15 minutes and a maximum of two hours
will be allowed between notification of a VSF employee for random
urine drug testing and the actual presentation for specimen collection.
(ii) Random donor selection dates will be unannounced
with unpredictable frequency.
(iii) Each licensed VSF participating in a consortium
must ensure that the consortium performs random drug testing on at
least 25% of the total number of the licensed VSF employees participating
in and tested by the consortium.
(D) Return-to-Duty and Follow-Up.
(i) Any VSF employee who has violated this drug testing
policy and is allowed to return to work must submit to a return-to-duty
test. Follow-up tests will be unannounced, and at least six tests
will be conducted in the first 12 months after a VSF employee returns
to duty. Follow-up testing may be extended for up to 60 months following
return to duty. The test results of all return to duty and follow-up
must be negative.
(ii) The VSF employee will be required to pay for his
or her return-to-duty and follow-up tests accordingly.
(7) Drug Testing. The drugs for which tests are required
under this policy are marijuana, cocaine, amphetamines, phencyclidine
(PCP), and opiates.
(8) Specimen Collection Procedures.
(A) All urine specimens will be collected by a laboratory
that is certified and monitored by the federal Department of Health
and Human Services (DHHS).
(B) Drug testing procedures include split specimen
procedures. Each urine specimen is subdivided into two bottles labeled
as a "primary" and a "split" specimen. Only the primary specimen is
opened and used for the urinalysis. The split specimen bottle remains
sealed and is stored at the laboratory.
(C) If the analysis of the primary specimen confirms
the presence of drugs, the VSF employee has 72 hours to request sending
the split specimen to another federal DHHS certified laboratory for
analysis. The VSF employee will be required to pay for his or her
split specimen test(s).
(D) For the VSF employee's protection, the results
of the analysis will be confidential except for the testing laboratory.
After the MRO has evaluated a positive test result, the VSF employee
will be notified, and the MRO will notify the company.
(E) The VSF will notify the department of the positive
test result. Notification to the department must occur within 3 days
of receipt of the confirmed test results from the MRO. The notification
must include the:
(i) VSF employee's name;
(ii) VSF employee license number;
(iii) date of the positive test;
(iv) substance detected by the drug test; and
(v) disciplinary action imposed for violation of the
drug testing policy.
(9) Reporting and Reviewing of Drug Testing Results.
(A) The company shall designate a medical review officer
(MRO) to receive, report, and store testing information transmitted
by the laboratory. This person shall be a licensed physician with
knowledge of substance abuse disorders.
(B) The laboratory shall report test results only to
the designated MRO, who will review them in accordance with accepted
guidelines and the procedures adopted by the federal Department of
Transportation.
(C) Reports from the laboratory to the MRO shall be
in writing or by fax. The MRO may talk with the VSF employee by telephone
upon exchange of acceptable identification.
(D) Neither the company, the laboratory, nor the MRO
shall disclose any drug test results to any other person except under
written authorization from the VSF employee, unless such results are
necessary in the process of resolution of accident (incident) investigations,
requested by court order, or required to be released to parties having
a legal right-to-know as determined by state and federal law.
(10) Distribution of Information to VSF Employee. The
minimal distribution of information for all VSF employees will include
the display and distribution of:
(A) informational material on the physical and mental
effects of drugs;
(B) an existing community services hotline number,
available drug counseling, rehabilitation, and assistance program;
(C) the company's policy regarding the use of prohibited
drugs and/or alcohol; and
(D) the consequences or disciplinary action that may
be imposed upon VSF employees for violating the drug policy.
(11) Consequences of a Confirmed Positive Drug Test.
(A) Job applicants will be denied employment if their
initial positive pre-employment drug test results have been confirmed.
(B) If a VSF employee's positive drug test result has
been confirmed, the VSF employee will stand down from VSF duties and
may be subject to disciplinary action up to and including termination.
Cont'd... |
