drug & alcohol-free work environment · drug & alcohol-free work environment _____ after...

Drug & Alcohol-Free Work Environment ______________________________________________________________________________

Summary of Policy The Drug & Alcohol-Free Work Environment policy requires all applicants for employment and employees, who are transferring from non-safety sensitive positions to safety sensitive ones, to be tested for marijuana, cocaine, opiates, amphetamines, phencyclidine, and alcohol. No one can be hired or assume a safety sensitive position, until the organization has received from a testing center of its choice an alcohol test result below 0.02 and a verified negative drug test result. The policy also includes reasonable suspicion testing, post-accident testing, return-to-work testing and random testing of safety sensitive employees.

The organization is dedicated to providing safe, dependable and efficient transportation services to customers and a safe work environment for employees. An employee’s use of prohibited drugs and misuse of alcohol poses a significant risk to public safety, as well as to the employee’s health and safety.

This policy complies with all applicable state and federal regulations governing workplace anti-drug use and alcohol misuse programs in the transportation industry. They include Department of Transportation (DOT) 49 Code of Federal Regulations Part 40, as amended on December 19, 2000 (“Procedures for Transportation Workplace Drug and Alcohol Testing Programs”); Federal Transit Administration (FTA) 49 CFR Part 655 (“Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations”); DOT 49 CFR Part 29 (“Drug-Free Workplace Act of 1988”); and California Government Code Section 8350 et seq. (“Drug-Free Workplace Act of 1990”).

The purpose of this policy is to:

Create a work environment free from the adverse effects of drug abuse and alcohol misuse;

deter and detect employees’ use of illegal drugs and misuse of alcohol;

prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances;

encourage employees to seek professional assistance anytime personal problems, including drug or alcohol dependency, adversely affect their ability to safely perform their assigned duties; and

discipline employees who violate the policy, up to and including termination.

In May 2005, the Board approved the revised policy. This amendment incorporated interim interpretations to the regulations made within the last four years. See attached Summary of Revisions.

Historical Perspective The current Drug & Alcohol-Free Work Environment policy has its roots in the policies of its predecessor agencies, the Southern California Rapid Transit District (RTD) and the Los Angeles County Transportation Commission (LACTC). Under its own authority, RTD introduced pre-employment drug testing in 1973 and three years later made drug screening a part of the periodic medical examination required for Commercial Driver’s License holders. In 1985, the RTD implemented a drug and alcohol abuse policy that included post-accident and incident-based drug and alcohol testing. The LACTC adopted a drug and alcohol policy in May 1992 that included testing for reasonable cause.

Drug & Alcohol-Free Work Environment ______________________________________________________________________________

After the merger between RTD and LACTC, the Board adopted on September 1994 a comprehensive Alcohol and Drug Abuse policy, which became effective January 1, 1995. The new policy integrated the policies of its predecessor agencies and complied with the U.S. DOT and FTA drug and alcohol testing regulations. The regulations included provisions for workers who perform safety sensitive functions and the addition of random testing. Since then, the U.S. DOT and the FTA have issued several amendments that have required the Board to periodically revisit its drug and alcohol policy.

The Board updated the policy in May 1997 to clearly differentiate drug and alcohol testing conducted under U.S. DOT and FTA regulations from testing conducted under its own authority. And in May 1999, the Board adopted amendments to the policy to reflect administrative changes and to clarify language regarding the Drug-Free Workplace Act of 1988. In addition, the Board changed the policy’s name to the Drug & Alcohol-Free Work Environment Policy.

Last Board Action May 26, 2005 – Drug & Alcohol-Free Work Environment Policy

The Board approved on consent calendar the revised Drug & Alcohol-Free Work Environment Policy (#HR 4-2, effective date 05/26/2005).

Attachment Policy # HR 4-2 (Drug & Alcohol-Free Work Environment) Summary of Revisions

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d or

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aid

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l be

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ider

ed le

ave

take

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nce

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icy

(HR

1 ),

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stan

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ety-

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ploy

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e fo

r a

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e, r

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s of

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reas

on, t

he e

mpl

oyee

will

be

requ

ired

to ta

ke a

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g te

st a

nd h

ave

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tive

resu

lts p

rior

to p

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rmin

g an

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ve f

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s re

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t als

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es e

mpl

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s w

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ave

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king

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ns a

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edfr

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e ra

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for

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ays

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ve r

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t will

be considered a

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rifie

s cu

rren

t pra

ctic

ere

gard

ing

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ch p

arty

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sfo

r tr

eatm

ent o

r re

habi

litat

ion

serv

ices

fol

low

ing

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sitiv

edr

ug o

r al

coho

l tes

t.

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tion

has

been

rew

orde

dfo

r cl

arity

of c

onse

quen

ces

for

posi

tive

pre-

empl

oym

ent

and

retu

rn- t

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ork

test

s. T

hepo

licy

now

take

s th

e po

sitio

nth

at a

ll te

sts

are

test

s of

reco

rd a

nd c

larif

ies

the

cons

eque

nces

for

thes

e te

sts

that

whi

le c

ondu

cted

off-

duty

are

trea

ted

by F

TA

regu

latio

ns a

s of

ficia

l tes

ts

2005

Rev

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n

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ow is

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umm

ary

of th

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gnifi

cant

cha

nges

pro

pose

d to

the

curr

ent D

rug

and

Alc

ohol

Fre

e W

ork

Env

iron

men

t Pol

icy,

In

addi

tion

to th

ese

chan

ges,

min

or a

dditi

ons

and

dele

tions

hav

e be

en m

ade

to im

prov

e cl

arity

, org

aniz

atio

n, r

eada

bilit

y an

d co

nsis

tenc

y w

ith F

eder

al r

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atio

ns,

take

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have

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ive

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lt on

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ect t

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me

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ug te

st b

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e pe

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s an

y ot

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ty-s

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func

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. tes

t.

2002

Pol

icy

5 Return-

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Tes

ting

2005

Pol

icy

5 Return-to

-Dut

y T

estin

g

2002

Pol

icy

6 F

ollo

w-u

p T

estin

g

2005

Pol

icy

6 F

ollo

w-u

p T

estin

g

If an

y em

ploy

ee w

ho h

as r

efus

eda

requ

ired

test

or

has

a ve

rifie

dpo

sitiv

e, a

dulte

rate

d or

subs

titut

ed d

rug

test

res

ult ,

or

test

s po

sitiv

e fo

r al

coho

l at 0

.or

gre

ater

, is

not t

erm

inat

ed, t

heem

ploy

ee s

hall

not b

e al

low

ed to

retu

rn to

dut

y un

til h

e/sh

e ha

ssu

cces

sful

ly c

ompl

eted

the

retu

rn-

to-d

uty

proc

ess,

Thi

s re

turn

- to-

duty

pro

cess

incl

udes

eva

luat

ion

by a

SA

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ucce

ssfu

l com

plet

ion

of th

e re

habi

litat

ion

, tre

atm

ent o

red

ucat

ion

prog

ram

out

lined

by

the

SA

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nd o

btai

ning

a v

erifi

edne

gativ

e ob

serv

ed r

etur

n-to

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ydr

ug te

st a

nd/o

r al

coho

l tes

tun

der

0,02

,In addition to the Return-to

-Dut

yte

st d

escr

ibed

in S

ectio

n 7,

abov

e , a

ny e

mpl

oyee

who

has

refu

sed

a re

quir

ed te

st, h

as a

verif

ied

posi

tive,

adu

ltera

ted

orsu

bstit

uted

dru

g te

st r

esul

t , o

rte

sts

posi

tive

for

alco

hol a

t 0.

or g

reat

er, a

nd w

ho h

as n

ot b

een

term

inat

ed a

nd is

to r

etur

n to

wor

k, s

hall

be s

ubje

ct to

follo

w-u

pte

stin

g fo

r dr

ugs

and/

or a

lcoh

olas

pre

scrib

ed b

y th

e S

AP

, for

am

inim

um p

erio

d of

12

mon

ths

to

If an

y em

ploy

ee w

ho h

as v

iola

ted

this

pol

icy

isno

t ter

min

ated

, the

em

ploy

ee s

hall

not b

eal

low

ed to

ret

urn

to d

uty

until

he/

she

has

succ

essf

ully

com

plet

ed th

e re

turn

- to-

duty

proc

ess,

Vio

latio

ns in

clud

e re

fusi

ng a

req

uire

dte

st, h

avin

g a

veri

fied

pos

itive

, adu

ltera

ted

orsu

bstit

uted

dru

g te

st r

esul

t , a

nd te

stin

gpo

sitiv

e fo

r al

coho

l at 0

. 02

or g

reat

er, T

his

retu

rn- t

o-duty process includes evaluation by a

SAP

, suc

cess

ful c

ompl

etio

n of

the

reha

bilit

atio

n, t

reat

men

t or

educ

atio

n pr

ogra

mou

tline

d by

the

SAP

and

obta

inin

g a

veri

fied

nega

tive

obse

rved

ret

urn-

to-d

uty

drug

test

and/

or a

lcoh

ol te

st u

nder

0, 0

2, A

pos

itive

retu

rn- t

o-du

ty te

st w

ill b

e co

nsid

ered

a v

iola

tion

of this policy,

In a

dditi

on to

the

retu

rn- t

o-du

ty te

st, a

nyem

ploy

ee m

eetin

g th

e co

nditi

ons

desc

ribed

inSe

ctio

n 4,

5 ab

ove

who

ret

urns

to d

uty

shal

l als

obe

sub

ject

to fo

llow

-up

test

ing

for

drug

s an

d/or

alco

hol.

The

SA

P de

term

ines

the

num

ber

freq

uenc

y an

d du

ratio

n of

follo

w-u

p te

sts

that

will

be

perf

orm

ed f

or a

per

iod

of a

min

Imum

of

12 m

onth

s to

a m

axim

um o

f fiv

e ye

ars,

Met

row

ill d

eter

min

e th

e ac

tual

follo

w-u

p te

stin

gda

tes,

The

em

ploy

ees

man

ager

is r

espo

nsib

lefo

r co

ordi

natin

g te

stin

g w

ith M

etro

Dru

g &

Alc

ohol

Pro

gram

Adm

inis

trat

or. F

ollo

w-u

pte

stin

g is

sep

arat

e an

d in

add

ition

to th

e

Sam

e ra

tiona

le a

s ab

ove

inSe

ctio

n 7,

1, A

pplie

s sa

me

standard to both FTA and

Met

ro v

iola

tions

,

Cla

rifi

es th

e ro

les

of th

e SA

PE

mpl

oyee

s M

anag

er a

nd th

eD

M P

rogr

am A

dmin

istr

ator

in th

e fo

llow

-up

test

ing

proc

ess.

Upd

ates

cur

rent

proc

edur

e to

ens

ure

follo

w-

up te

stin

g pr

oced

ure

complies with the SAP'

pres

cri p

tion.

2005

Rev

isio

n

DR

UG

AN

D A

LC

OH

OL

FR

EE

WO

RK

EN

VIR

ON

ME

NT

PO

LIC

YS

UM

MA

RY

OF

RE

VIS

ION

S T

O P

OLI

CY

ISS

UE

D IN

200

2

Bel

ow is

a s

umm

ary

of th

e si

gnifi

cant

cha

nges

pro

pose

d to

the

curr

ent D

rug

and

Alc

ohol

Fre

e W

ork

Env

iron

men

t Pol

icy.

In

addi

tion

to th

ese

chan

ges

min

or a

dditi

ons

and

dele

tions

hav

e be

en m

ade

to im

prov

e cl

arity

, org

aniz

atio

n, r

eada

bilit

y an

d co

nsis

tenc

y w

ith F

eder

al r

egul

atio

ns,

a m

axim

um o

f fiv

e ye

ars,

ran

dom

, pos

t-ac

cide

nt, r

easo

nabl

e su

spic

ion

Although they are both

and

retu

rn- t

o-du

ty te

stin

g.un

anno

unce

d, f

ollo

w-u

p te

stin

g is

not c

onsi

dere

d ra

ndom

test

ing,

The

SA

P s

hall

desi

gnat

e th

edu

ratio

n an

d fr

eque

ncy

of te

stin

g,T

he e

mpl

oyee

s m

anag

er o

rsu

perv

isor

MT

A w

ill d

ecid

e th

eactual follow-up testing dates,

The

em

ploy

ees

man

ager

isre

spon

sibl

e fo

r pr

ovid

ing

timel

yno

tific

atio

n to

coo

rdin

atin

gte

stin

g w

ith M

TA

Dru

g &

Alc

ohol

Prog

ram

Adm

inis

trat

or in

the

Spec

ial P

rogr

ams

Uni

t of

Hum

anR

esou

rces

reg

ardi

ng s

ched

uled

follo

w-u

p te

sts,

The

Cal

iforn

ia D

epar

tmen

t of

Mot

or V

ehic

les

(DM

V)

requ

ires

driv

ers

of c

omm

erci

al m

otor

vehi

cles

(C

lass

A o

r B

lice

nses

) to

pass

a m

edic

al e

xam

inat

ion

toob

tain

or

rene

w th

eir

med

ical

cert

ifica

tes,

MT

A r

equi

res

a te

stfo

r co

ntro

lled

subs

tanc

es a

s pa

rtof

this

exa

min

atio

n to

ens

ure

that

the

CD

L ho

lder

is q

ualif

ied

toop

erat

e a

com

mer

cial

mot

orve

hicl

e, I

f a

test

is a

dmin

iste

red

off-

duty

and

the

resu

lts a

repo

sitiv

e , th

e em

ploy

ee is

re-

test

edon

dut

y as

soo

n as

pos

sibl

e an

dw

ithou

t pri

or n

otic

e,

2002

Pol

icy

7 C

omm

erci

al D

river

Lice

nse

(CD

L) T

estin

g

2005

Pol

icy

7 C

omm

erci

al D

river

Lice

nse

(CD

L) T

estin

g

The

Cal

ifor

nia

Dep

artm

ent o

f M

otor

Veh

icle

s(D

MV

) re

quire

s dr

iver

s of

com

mer

cial

mot

orvehicles (Class A or B licenses) to pass a

med

ical

exa

min

atio

n to

obt

ain

or r

enew

thei

rm

edic

al c

ertif

icat

es, M

etro

req

uire

s a

drug

test

as p

art o

f thi

s ex

amin

atio

n to

ens

ure

that

the

CD

L ho

lder

is q

ualif

ied

to o

pera

te a

com

mer

cial

veh

icle

,

A v

erifi

ed p

ositi

ve d

rug

test

will

sub

ject

the

empl

oyee

to c

onse

quen

ces

as d

escr

ibed

inSe

ctio

n 2.

0. If

the

test

is administered on-

duty

,th

e em

ploy

ee is

sub

ject

to d

isci

plin

ary

proc

eedi

ngs

up to

and

incl

udin

g te

rmin

atio

n,If

the

test

is a

dmin

iste

red

off-

duty

, the

empl

oyee

will

be

give

n a

Man

dato

ry S

AP

refe

rral

and

mus

t suc

cess

fully

com

plet

e th

ere

turn

- to-

duty

pro

cess

and

be

subj

ect t

o fo

llow

-

Tre

ats

CD

L dr

ug te

sts

aste

sts

of r

ecor

d an

d im

pose

sev

alua

tion

and

reha

bilit

atio

n.

Whi

le th

ere

is n

o ch

ange

for

empl

oyee

s w

ho a

re te

sted

whi

le o

n du

ty, t

he 2

002

Pol

icy

stip

ulat

ed th

at o

ff-du

tyem

ploy

ees

wer

e re

- tes

ted

agai

n w

hen

onduty, Revision

mak

es p

olic

y co

nsis

tent

with

inte

nt o

f the

reg

ulat

ions

that

proh

ibit

drug

use

at a

ll tim

es,

2005

Pol

icy

will

impo

sere

turn

- to-

duty

reh

abili

tatio

nre

quir

emen

t on

empl

oyee

sw

ho te

st p

ositi

ve e

ven

if th

eyar

e no

t on

duty

, Cur

rent

ly

2005

Rf'v

isio

n

DR

UG

AN

D A

LC

OH

OL

FR

EE

WO

RK

EN

VIR

ON

ME

NT

PO

LIC

YSU

MM

AR

Y O

F R

EV

ISIO

NS

TO

PO

LIC

Y I

SSU

ED

IN

200

2

Bel

ow is

a s

umm

ary

of th

e si

gnifi

cant

cha

nges

pro

pose

d to

the

curr

ent D

rug

and

Alc

ohol

Fre

e W

ork

Env

iron

men

t Pol

icy,

In

addi

tion

to th

ese

chan

ges

min

or a

dditi

ons

and

dele

tions

hav

e be

en m

ade

to im

prov

e cl

arity

, org

aniz

atio

n, r

eada

bilit

y an

d co

nsis

tenc

y w

ith F

eder

al r

egul

atio

ns,

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At t

he r

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lD

epar

tmen

t , th

is s

ectio

nin

stitu

tes

drug

test

ing

for

spec

ific

rai

l saf

ety

viol

atio

nsth

at a

re n

ot c

over

ed b

y F

TA

or th

e cu

rren

t Met

ro D

rug

and

Alc

ohol

Pol

icy,

Mod

eled

afte

r re

gula

tions

in F

eder

alR

ail A

dmin

istr

atio

n (F

RA

)an

d ot

her

tran

sit a

genc

ies

with

rai

l ope

ratio

ns,

2002

Pol

icy

Sec

tion:

N/A

2005

Pol

icy

- Pro

pose

d8

-Pos

t-In

cide

nt T

estin

g(R

ail)

Not

in 2

002

Pol

icy

Und

er 4

, 8 Post-

Inci

dent

Tes

ting

(Rai

l)

Any

rai

l (sa

fety

sen

sitiv

e) e

mpl

oyee

dir

ectly

invo

lved

in o

ne o

f th

e fo

llow

ing

safe

ty r

ule

viol

atio

ns s

hall

be r

equi

red

to s

ubm

it to

dru

gan

d al

coho

l tes

ts, a

s so

on a

s pr

actic

able

afte

rthe violation:

(a)

non-

com

plia

nce

with

a tr

ain

orde

rA

utom

atic

Tra

in P

rote

ctio

n (A

TP

) by

pass

or

man

ual b

lock

ing

proc

edur

e , s

igna

l ind

icat

ion

or safety-related special instruction or direction

with

res

pect

to th

e m

ovem

ent o

f a r

ail v

ehic

le;

(b)

alig

nmen

t of a

sw

itch

in v

iola

tion

of a

nA

utho

rity

rul

e , o

pera

tion

of a

sw

itch

unde

r a

trai

n, u

naut

hori

zed

mov

emen

t thr

ough

asw

itch

or e

nter

ing

a cr

osso

ver

befo

re b

oth

switc

hes

are

lined

for

mov

emen

t;(c

) in

the

case

of a

per

son

perf

orm

ing

a co

ntro

lfu

nctio

n or

man

ual b

lock

ope

ratio

ns, i

ssua

nce

of a

n or

der

or e

stab

lishm

ent o

f rou

te th

at fa

ilsto

pro

vide

pro

per

prot

ectio

n fo

r th

e ra

il ve

hicl

e

2005

Rev

isio

n

DR

UG

AN

D A

LC

OH

OL

FR

EE

WO

RK

EN

VI

RO

N M

EN

T P

OLI

CY

SUM

MA

RY

OF

RE

VIS

ION

S T

O P

OL

ICY

ISS

UE

D I

N 2

002

Bel

ow is

a s

umm

ary

of th

e si

gnifi

cant

cha

nges

pro

pose

d to

the

curr

ent D

rug

and

Alc

ohol

Fre

e W

ork

Env

iron

men

t Pol

icy.

In

addi

tion

to th

ese

chan

ges,

min

or a

dditi

ons

and

dele

tions

hav

e be

en m

ade

to im

prov

e cl

arity

, org

aniz

atio

n, r

eada

bilit

y an

d co

nsis

tenc

y w

ith F

eder

al r

egul

atio

ns,

2002 poiic

y If

the

M R

O r

epor

ts a

"ne

gativ

e- If

the

M R

O r

epor

ts a

"ne

gativ

e-dI

lute" test No

long

er r

eui

res

a 2n

d dr

ug2 - Drug Testing dilute

" te

st r

esul

t fro

m a

Pre

- re

sult

from

a p

re-e

mpl

oym

ent t

est

the

test

follo

win

g a

" neg

ativ

ePr

oced

ures

Empl

oym

ent o

r ra

ndom

dru

g te

stcandidate or employee w

ill b

e re

quire

d to

dilu

te"

test

res

ult o

n a

the

appl

ican

t or

empl

oyee

will

be

imm

edia

tely

take

a s

econ

d te

st, unobserved, random drug test. 2nd test

required to immediately take a The result of the second test becomes the test pr

oven

to b

e ne

ither

cos

t-se

cond

test

, uno

bser

ved.

of r

ecor

d. effe

ctiv

e or

eff

icie

nt a

nd is

optio

nal u

nder

FT

Are

gula

tions

. Pol

icy

mai

ntai

nscu

rren

t pra

ctic

e of

req

uirin

gre

test

for

pre

-em

ploy

men

tte

sts.

Met

ro o

nly

cont

ract

s w

ithse

rvic

e ag

ents

who

pro

vide

priv

ate

faci

litie

s th

at d

o no

tre

quir

e m

onito

ring

the

colle

ctio

n.

2005

Pol

icy

2 -

Dru

g T

estin

gPr

oced

ures

2002

Pol

icy

8.4

- Monitored Urine

Spe

cim

en C

olle

ctio

n

2005

Pol

icy

Del

etio

n of

this

Sec

tion

2002

Pol

icy

14, 0 - Definitions

Und

er th

ose

circ

umst

ance

s w

hen

a m

ulti-

stal

l res

troo

m h

as to

be

used

for

uri

ne s

peci

men

colle

ctio

n an

d th

e fa

cilit

y ca

nnot

be a

dequ

atel

y se

cure

d, t

heco

llect

or w

ill c

ondu

ct a

mon

itore

dco

llect

ion,

The

mon

itor

shal

l be

the

sam

e ge

nder

as

the

empl

oyee

unle

ss th

e m

onito

r is

a m

edic

alpr

ofes

sion

al. T

he m

onito

r w

illno

t wat

ch th

e em

ploy

ee v

oid

into

the

colle

ctio

n co

ntai

ner,

How

ever

if th

e m

onito

r he

ars

soun

ds o

robserves attempts to tamper with

a sp

ecim

en, a

n ad

ditio

nal

colle

ctio

n un

der

dire

ctob

serv

atio

n w

ill b

e or

dere

d, If

the

empl

oyee

dec

lines

to p

erm

it an

auth

oriz

ed c

olle

ctio

n to

be

mon

itore

d, t

he e

mpl

oyee

isco

nsid

ered

to h

ave

refu

sed

tote

st,

Add

s to

lang

uage

und

er "

Ref

usal

to T

est"

Del

etio

n of

this

Sec

tion

Und

er 1

1,0

- A

dded

text

: Em

ploy

ees

are

resp

onsi

ble

for

com

plyi

ng w

ith th

e pr

otoc

olC

larif

ies

empl

oyee

resp

onsi

bilit

y to

coo

pera

te

2005

Rf'v

isin

n

DR

UG

AN

D A

LC

OH

OL

FR

EE

WO

RK

EN

VIR

ON

ME

NT

PO

LIC

YS

UM

MA

RY

OF

RE

VIS

ION

S T

O P

OLI

CY

ISS

UE

D I

N 2

002

Bel

ow is

a s

umm

ary

of th

e si

gnifi

cant

cha

nges

pro

pose

d to

the

curr

ent D

rug

and

Alc

ohol

Fre

e W

ork

Env

iron

men

t Pol

icy,

In

addi

tion

to th

ese

chan

ges,

min

or a

dditi

ons

and

dele

tions

hav

e be

en m

ade

to im

prov

e cl

arity

, org

aniz

atio

n, r

eada

bilit

y an

d co

nsis

tenc

y w

ith F

eder

al r

egul

atio

ns,

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2005

Pol

icy

11, 0 - Definitions

2002

Pol

icy

14,0 - Definitions

Not

incl

uded

in th

e de

fini

tions

of

the

2002

Pol

icy

2005

Pol

icy

11, 0 - Definitions

2002

Pol

icy

14, 0 -

Def

initi

ons

Exp

ands

on

the

Def

initi

on o

fS

ubst

ance

Abu

se P

rofe

ssio

nal"

2005

Pol

icy

11, 0 - Definitions

requ

ired

durin

g th

e dr

ug a

nd a

lcoh

ol te

stin

gpr

oces

s, In

cer

tain

circ

umst

ance

s, w

hile

fai

lure

to c

ompl

y m

ay n

ot b

e de

emed

a "

refu

sal t

ote

st" ,

the

empl

oyee

may

nev

erth

eles

s be

disc

iplin

ed fo

r no

t coo

pera

ting

or c

ompl

ying

infu

ll w

ith th

e pr

oced

ures

set

fort

h in

this

pol

icy,

Und

er 1

1.0

- A

dds

a de

fini

tion

for

Safe

ty-

Sen

sitiv

e E

mpl

oyee

Saf

ety

Sen

sitiv

e E

mpl

oyee

- a

n em

ploy

ee w

hoperforms a

safe

ty-s

ensi

tive

func

tion

and

incl

udes

any

per

iod

in w

hich

he

or s

he

actually performing, ready to perform, or

imm

edia

tely

ava

ilabl

e to

per

form

any

one

of th

efo

llow

ing

safe

ty-s

ensi

tive

func

tions

:

Operating a revenue service vehicle, even

whe

n it

is n

ot in

rev

enue

ser

vice

;Operating a non-revenue service vehicle

whe

n required to be operated by a

Com

mer

cial

Driv

ers

Lice

nse

(CD

L) h

olde

r;Controlling dispatch or m

ovem

ent o

f a

reve

nue

serv

ice

vehi

cle;

Mai

ntai

ning

(in

clud

ing

repa

irs ,

overhaul

and

rebu

ildin

g) a

rev

enue

ser

vice

veh

icle

or

equi

pmen

t use

d in

rev

enue

ser

vice

; or

Car

ryin

g a

firea

rm fo

r se

curit

y pu

rpos

es,

Und

er 1

1,0

- E

xpan

ds o

n th

e D

efin

ition

of

Sub

stan

ce A

buse

Pro

fess

iona

l"

A li

cens

ed o

r ce

rtifi

ed p

rofe

ssio

nal w

ithkn

owle

dge

of a

nd c

linic

al e

xper

ienc

e in

the

diag

nosi

s an

d tr

eatm

ent o

f dru

g an

d al

coho

l

durin

g th

e dr

ug a

nd a

lcoh

olte

stin

g pr

oces

s , a

nd a

llow

sm

anag

emen

t to

disc

iplin

eem

ploy

ees

who

se b

ehav

ior

while not constituting a

refusal to test, i

s ne

vert

hele

ssob

stru

ctiv

e,T

erm

is u

sed

thro

ugho

utpo

licy,

and

a d

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æ MetroHUMAN RESOURCES pOLICY 4-2

Drug and Alcohol Free

Work Environment

POLICY STATEMENT

The Los Angeles County Metropolitan Transportation Authority (Metro) is dedicated toproviding safe, dependable and effcient transportation services to customers and a safe workenvironment for employees. An employee's use of prohibited drugs and misuse of alcoholposes a significant risk to public safety, as well as to the employee's health and safety.

By this reference, all applicable state and federal regulations governing workplace anti-druguse and alcohol misuse programs in the transportation industry are incorporated herein, asthough fully set forth, as part of this policy. These regulations include, but are not limited to,Department of Transportation (DOT) regulations 49 CFR Part 40, as amended ("Proceduresfor Transportation Workplace Drug Testing Programs"); Federal Transit Administration (FTA)regulations, 49 CFR Part 655, ("Prevention of Alcohol Misuse and Prohibited Drug Use inTransit Operations"); 41 U.S.c. Section 701-707 ("Federal Drug-Free Workplace Act of 1988");

and California Government Code section 8350 et seq., ("Drug-Free Workplace Act of1990").

NOTE: Additional requirements and/or disciplinary actions established under Metroauthority are entered in bold-faced type. Requirements of the Federal Drug-Free

Workplace Act (not covered under 49 CFR Part 655) are in italics.

PURPOS~

The purpose of this policy is to:

A. Create a work environment free from the adverse effects of drug abuse andalcohol misuse;

B. Deter and detect employees' use of illegal drugs and misuse of alcohol;C. Prohibit the unlawful manufacture, distribution, dispensing, possession, or

use of controlled substances;D. Encourage employees to seek professional assistance anytime personal

problems, including drug or alcohol dependency adversely affect theirability to safely perform their assigned duties; and

r~a.~Chief of SBU

c.i..~ /. G,~sL- ~APPROVED: County Counselor NjA ~ADOPTED:C~ . -

Board Appoved Date:Sl a. 4-1 Os

Drug and Alcohol Free Work Environment HR 4-2Last Date of Review ,') / d (j. /05. f

æMetro

HUMAN RESOURCES pOLICY 4-2

Drug and Alcohol FreeWork Environment

E. Discipline employees who violate the policy, up to and including

termination.

APPLICATION (COVERED EMPLOYEES)

Unless otherwise noted in specific provisions, this policy applies to al Metro employeesregardless of their functions. It applies to off-site lunch periods or breaks when an employeeis scheduled to return to work or is on-calL. The application of th policy to non-safet-

sensitive employees comes under Metro's own authonty. Volunteers, visitors, invitees,licensee, contractors and vendors are also governed by the requirement to remain drugand alcohol free while on Meto propert or when performg any business for orproviding a servce to Meto.

As a condition of employment, safety-sensitive (covered) employees are required to submit toall drug and alcohol tests administered in compliance with the requirements of 49 CFR Parts40 and 655. Non-safet-sensitive employees are subjec to al such drg and alcohol tests,with the noted exception of random tests.

As defined by the FTA, safety-sensitive employees include those who perform, or may becalled upon to perform, the following safety-sensitive functions:

A. Operating a revenue service vehicle, even when it is not in revenue service;B. Operating a non-revenue service vehicle when required to be operated by a

Commercial Driver's License (CDL) holder;C. Controlling dispatch or movement of a revenue service vehicle;D. Maintaining (including repairs, overhaul and rebuilding) a revenue service

vehicle or equipment used in revenue service; orE. Carrying a firearm for security purposes.

Managers and supervisors are considered safety-sensitive if they perform, or may be calledupon to perform any of the above safety-sensitive functions.

The job classifications listed on Appendix A are considered safety-sensitive for the purposesof this policy.

Drug and Alcohol Free Work Environment HR 4-2 Page 2 of 20



1.0 PROHIBITED BEHAVIORS

1.1 Illegal Drugs

Al Metro employees are prohibited from consuming the following products atall times:

A. Marijuana

B. Cocaine

C. Opiates

D. Amphetamines

E. Phencyclidine (PCP)

Al Metro employees are prohibited from possessing or distrbutig the above

products and from reportg to work with these products or their metabolitesin their systems.

1.2 Alcohol- Safety-Sensitive Employees

Safety-sensitive employees are prohibited from consuming alcohol:

A. While on Metro propert;

B. While performing safety-sensitive functions;C. Within 4 hours prior to performing safety-sensitive functions;D. While on call*; and/orE. Within eight hours following an accident requiring a post-accident alcohol

test or until undergoing a post-accident test, whichever occurs first.

~'(On-call employees are prohibited from alcohol consumption for the duration

of the on-call status. If an employee is called to report to duty, the employeehas the opportunity to acknowledge alcohol use and inability to perform his orher safety-sensitive function. If the employee acknowledges alcohol use butclaims ability to perform his/her safety-sensitive function, the employee mustfirst take an alcohol test and test negative before performing such function.

1.3 Non-Safety-Sensitive Employees

N on-safety-sensitive employees are subjec to the same prohibitions assafety-sensitive employees for both drugs and alcohoL, and may be subjec todrug and alcohol testig provisions, except for random testing.




1.4 Prescriptions or Over-the-Counter Medication

(Refer to Fitness-for-Duty Policy, H R #3-18)

1.5 Volunteers, Visitors, Invitees, Licensees, Contractors and Vendors

"Wenever there is evidence or reasonable suspicion that a volunteer, visitor,invitee, licensee, contractor or vendor possesses, is distnbutig or may haveused prohibited drugs or alcohol, they may be prohibited from entenng orremaining on Metro propert and may be prohibited from conductg anyfuer business with or on behalf of Metro.

2.0 CONSEQUENCES OF POSITIVE DRUG AND/OR ALCOHOL TESTS

Any employee who has a verified positive drug test result, an alcohol concentration of0.02 or greater, or refuses to submit to a drug and/or alcohol test (includingadulteration or substitution) shall be considered to have violated this policy and shall

be:

1. Immediately removed from duty.

2. Referred to a Substance Abuse Professional (SAP) for evaluation, education ortreatment and provided educational materials.

3. Subjec to discipline, up to and includig termation. Pnor to assessingdiscipline, management shal consider pertent information including anyaggravatig and/or mitigatig circumstances and shal meet with Metro's

Drug and Alcohol Disciplinary Review Commttee (DAD ReviewCommttee).

4. Responsible for the cost of any treatment or rehabiltation serces wi bepaid diecy by the employee or though their insurance provider. The

employee wi be permtted to take accred sick leave or admstrative leaveto partcipate in the SAP prescnbed treatment program if this exends

beyond any disciplinary suspension. If the employee has insuffcientaccred leave, the employee shal be placed on leave without pay unti theSAP has determed that the employee has successfuy completed therequired treatment program and releases him/her to return to duty. Anyleave taken either paid or unpaid shal be considered leave taken in

accordance with the Family and Medical leave Policy (HR 6-1).




3.0 CONTACT PERSON

Any questions about this policy or any aspect of Metro's drug and alcohol programshould be referred to:

Address:Telephone Number:Fax:

Drug and Alcohol Program AdministratorHuman Resources Department, MS 99-14-8One Gateway Plaza, Los Angeles, CA 90012

(213) 922-7172(213) 922-3885

Title:

4.0 TYPES OF TESTING

4.1 Pre-Employment Testing

Employee must satisfy al quaifcation requirements including medica,physica agiity, fitness for duty and the successfu completion of mandatedpre-employment drg and alcohol tests. Metro hirg authorities wi selec

or retain only those deemed to be quaed and suited for the positions.

Al candidates for employment, or any employee transferring from a non-safety-sensitive position to a safety-sensitive position will be required toundergo a pre-employment drug and alcohol test at a time and placedesignated by Metro. An alcohol test result below 0.02 and a verified negativedrug test result must be received prior to any candidate's assuming the

position or an employee's performance of any safety-sensitive function. If apre-employment drug test is canceled, the candidate/employee will be requiredto successfully pass another drug test with no advance notice.

Metro will check on the drug and alcohol testing background of all candidates(external applicants and current employees in non-safety-sensitive jobclassifications) being considered for final selection into any safety-sensitive

position within Metro, subject to a candidate's written consent. Any candidatewho refuses to provide the required written consent will not be hired into asafety-sensitive position, regardless of qualifications.

In instances where a safety-sensitive employee is on extended leave for aperiod of 90 days or more, regardless of the reason, the employee will be

required to take a drug test and have negative results prior to performing anysafety-sensitive functions. This requirement also includes employees who havebeen working in non-safety-sensitive positions and removed from the randomtesting pool for 90 days or more. A positive result will be considered aviolation of this policy.




4.2 Reasonable Suspicion Testing

Metro shall conduct drug and alcohol tests when there is reasonable suspicionto believe any employee has used a prohibited drug and/or engaged in alcoholmisuse. A determination that reasonable suspicion exists shall be based onspecific, contemporaneous, articulable observations concerning appearance,behavior, speech, or odors while the employee is on duty or subject to duty.These observations shall be made by a supervisor or other Metro offcial who istrained in detecting the signs and symptoms of drug use and alcohol misuse.

The supervisor who makes the referral need not be the employee's ownsupervisor, as long as he/she has received training in detecting the signs andsymptoms of drug use and alcohol misuse. The supervisor's observations willbe documented in accordance with Metro policy, pro.cedures and practices, andsuch documentation shall be forwarded to the Drug and Alcohol Program

Administrator identified in Section 3.0.

The followig circumstances are also grounds for a reasonable suspiciontesti referral:

A. Evidence of the manufactre, distrbution, dispensing,possession, or use of controlled substances, drugs, alcohol, orother prohibited substances in the workplace or while on duty.

B. Industr accident resultig in a traumatic injury, which requires

medica treatment. Any or al of the employees direcy involvedmay be subjeced to an alcohol and/or drug test when there isreasonable suspicion to believe that an employee's use of alcoholor drs may have caused or contrbuted to the accident or injury.

C. Physica altercation or assault between two or more employees.Al empl()yees involved in the altercation wi be tested, except

when the employee is only attemptig to restrain those involvedin the altercation or a secunty offcer is performg his or heroffcia fucton.

Once a supervisor or other authorized Metro offcial has made a reasonablesuspicion determination, he/she must remove the employee from his/her jobfunctions and have the employee accompanied to the collection site for testingimmediately. If testing is not conducted within two hours, the reason for thedelay must be documented and the documentation forwarded to the MetroDrug and Alcohol Program Administrator. All attempts to complete an alcoholtest must cease after eight hours from the time ofthe incident or observation.



Drug and Alcohol Free

Work Environment

4.3 Post-Accident Testing

Al employees who are involved in a traffc accident while operating a masstransit vehicle, other Metro vehicle, their own personal vehicle or anotherpnvate vehicle while conductg Metro business at the time of an accidentshall be required to submit to drug and alcohol tests as soon as practicable

after the accident, if as a result:

A. An individual dies;B. An individual suffers bodily injury and immediately receives medical

treatment away from the scene;

C. The mass transit vehicle (bus, truck, van, or automobile) or anyother vehicle involved in the accident suffers disabling damage as aresult of the accident and is transported away from the scene by atow truck or other vehicle; or

D. The mass transit vehicle is a rail car and is removed from revenueservice.

4.3.1 Fatal Accidents

Whenever there is a loss of human life, any surviving employeeoperating a Metro vehicle at the time of the accident shall be tested fordrugs and alcohoL. Any safety-sensitive employee whose performancecould have contributed to the accident also shall be tested.

4.3.2 Non-Fatal Accidents

Following non-fatal accidents, the employee operating the vehicle at thetime of the accident shall be tested unless his/her performance can becompletely discounted as a contributing factor to the accident. Anyother safety-sensitive employee whose performance could havecontributed to the accident also shall be tested.

4.3.3 Other Post-Accident Testing Requirements

If an alcohol or drug test is required under this section, the employeeshall be tested as soon as practicable following the accident. An alcoholtest shall be administered within 8 hours of the accident. A drug testshall be administered within 32 hours of the accident. If Metro isunable to perform such post-accident testing (i.e., employee isunconscious, employee is detained by law enforcement agency), Metromay use drug and alcohol post-accident test results administered bylocal law enforcement offcials in lieu of testing under DOT procedures.

Drug and Alcohol Free Work Environment HR 4-2 Page 7 of20

æMetro



The local law enforcement offcials must have independent authority forthe test and Metro must obtain the results in conformance with locallaw.

The employee involved in an accident that requires testing must remainreadily available for testing, including notifying Metro of his/herlocation if the employee leaves the scene of the accident before testingto obtain emergency medical care, or to obtain assistance in respondingto the accident. The employee shall be considered to have refused tosubmit to testing if the employee fails to comply with these

requirements.

If the acådent results in a fataity or if there is reasonable suspiåonthat the employee has used alcohol or a prohibited drg, the

employee wi be held out of servce unti Meto has received averied negative dru test result and an alcohol test result of lessthan 0.02. Al other employee may return to work as soon aspractcable while the results of testig are pending.

Followig receipt of negative drug and alcohol test results, theemployee shal be promptly retrned to his/her regur work and

made whole for any lost wages, unless the employee must be heldout-of-servce or suspended for violations of other Metro policies,procedures or rues.

Nothing in this section shall be construed to require the delay ofnecessary medical attention for the injured following an accident or toprohibit an employee from leaving the scene of an accident to obtainassistance in responding to the accident or for emergency medical care.

4.4 Random Testing

All safety-sensitive employees are required to undergo random drug andalcohol tests. The random selection will be conducted using a scientificallyvalid method that gives each covered employee an equal chance of beingselected every time a selection is made. As is the nature of the randommethod, it is possible that some employees will be selected several times inone year, and other employees not for several years. Management has nodiscretion regarding selection.

The number of employees randomly selected for drug and alcohol testingduring the calendar year shall not be less than the percentage rates establishedby the FTA. Random testing will be spread throughout the calendar year and


æMetro



conducted at all days and times when safety-sensitive functions are performed.The testing dates and times are unannounced. Employees are required toproceed immediately to the designated collection site following notification.An unreasonable delay shall be considered a test refusaL.

A covered employee shall only be randomly tested for alcohol immediatelybefore, during, or immediately after performance of any safety-sensitivefunction. The employee may be randomly tested for drugs anytime while onduty.

4.5 Return-to-Duty Testing

If an employee who has violated this policy is not terminated, the employeeshall not be allowed to return to duty until he/she has successfully completedthe return-to-duty process. Violations include refusing a required test, having a

verified positive, adulterated or substituted drug test result, and testingpositive for alcohol at 0.02 or greater. This return-to-duty process includes

evaluation by a SAP, successful completion of the rehabilitation, treatment oreducation program outlined by the SAP and obtaining a verified negativeobserved return-to-duty drug test and/or alcohol test under 0.02. A positive.

return-to-duty test will be considered a violation of this policy.

4.6 Follow-Up Testing

In addition to the return-to-duty test, any employee meeting the conditionsdescribed in Section 4.5 who returns to duty shall also be subject to follow-uptesting for drugs and/or alcohoL. The SAP determines the number, frequencyand duration of follow-up tests that will be performed for a period of aminimum of 12 months to a maximum of five years. Metro will determine theactual follow-up testing dates. The employee's manager is responsible forcoordinating testing with the Metro Drug and Alcohol Program Administrator.Follow-up testing is separate and in addition to the random, post-accident,

reasonable suspicion and return-to-duty testing.

Under certin circumstances an employee may consent to be subjec to

unannounced follow-up testig as part of a mandatory EAP referral or lastchance agreement.

4.7 Commercial Driver's License (CDL) Testing

The California Departent of Motor Vehicles (DMV requies dnvers ofcommercial motor vehicles (Class A or B licenses) to pass a medcal

exmination to obtain or renew their medcal certcates. Metro requires a


æMetro



drug test as part of this exmination to ensure that the CD L holder is

quaifed to operate a commercial vehicle.

A veried positive drug test wi subjec the employee to consequences as

described in Secon 2.0. If the test is admiistered on-duty, the employee issubjec to disciplinary proceedings up to and includin terination. If the

test is admiistered off-duty, the employee wi be given a mandatory SAPreferral and must successfuy complete the return-to-duty process asdescribed in Secon 4.5 and be subjec to follow-up testig as described inSecon 4.6.

4.8 Post-Incident Testing (Rail)

Any rail (safety-sensitive) employee direcy involved in one of the followigsafety rue violations shal be required to submit to dru and alcohol tests assoon as practcable after the violation:

(a) non-compliance with a train order, Automatic Train Protecon(ATP) bypass or manua blocg procedure, signal indication, orsafety-related special instrcton or direcon with respec to themovement of a rail vehicle;

(b) aligment of a switch in violation of a Meto rue, operation of aswitch under a train, unuthorized movement through a switch orentenng a crossover before both switches are lined for movement;

(c) in the case of a person performg a control fucton or manuablock operations, issuance of an order or establihment of a routethat fails to provide proper protecon for the rail vehicle.

5.0 TESTING PROCEDURES

All drug and alcohol tests required under this policy will be administered and analyzed inaccordance with the procedures set forth by DOT 49 CFR Part 40 ("Procedures forTransportation Workplace Drug Testing Programs") as amended. Throughout the testingprocess, the privacy of the employee will be protected and the integrity and validity of theprocess will be maintained. Detailed drug and alcohol specimen collection procedures areavailable at MyMetro.net or upon request from the Drug and Alcohol Program Administratoridentified in Section 3.0 of this policy.

5.1 Alcohol Testing Procedures

Tests for alcohol concentration will be conducted using an alcohol screeningdevice and an evidential breath testing (EBT) device if the screen test is at 0.02

Drug and Alcohol Free Work Environment H R 4-2 Page 10 of20

æMetro


9rug and Alcohol Free

Work Environment

BAC or greater. An Alcohol Testing Form will be used and a unique sequentialnumber will be assigned to each test.

5.2 Drug Testing Procedures

For each drug test, a Custody and Control Form with a unique identificationnumber will be used to ensure that the correct urine specimen and the testresult for that specimen is attributed to the correct employee. A split specimencollection process will be utilized. An initial screening test using animmunoassay technique will be performed. If the specimen is positive for oneor more of the drugs tested, then a confirmation test will be performed using agas chromatography/mass spectrometry (GC/MS) analysis. If the test isconfirmed positive, the Medical Review Offcer (M RO) will conduct averification process, which includes giving the employee an opportunity toprovide a valid medical explanation for the positive test result and anopportunity to request a test of the split specimen.

The laboratory may also conduct analyses to determine if a urine specimen isconsistent with human urine or has been adulterated, tampered with, ordiluted. If the MRO reports a "negative-dilute" test result from a pre-employment test, the candidate or employee will be required to immediatelytake a second test, unobserved. The result of the second test becomes the testof record.

If the laboratory reports to the M RO an "Invalid Result" or "Rejected forTesting" (because of a fatal or uncorrectable flaw), a recollection may also berequired by the M RO, and depending on the circumstances, the specimen mayhave to be recollected under direct observation. The result of the second testbecomes the test of record.

After notification by the M RO of a verified positive drug test or refusal to testbecause of adulteration or substitution, the employee has 72 hours to request(verbally or in writing) a test of the split specimen unless the employeepresents the M RO with information documenting that serious injury, illness,lack of actual notice of the verified test result, or other circumstances

unavoidably prevented the employee from making a timely request.

Following the employee's timely request, the MRO shall send a written requestto the primary laboratory to forward the split specimen to a second laboratorycertified by the United States Department of Health and Human Services(DHHS) for testing without regard to the cut-off concentration. If the secondlaboratory fails to reconfirm the substance detected in the primary specimen orthe adulterant identified, the test shall be canceled. The MRO shall report the


æMetro



cancellation and the reasons for it to the DOT, Metro and the employee. If thesplit specimen is not available for testing, the employee shall be directed, withno advance notice, to submit another specimen under direct observation.

Al costs related to split specimen testing, including the shipping of the splitspecimen to the second DHHS certed laboratory, wi be paid by thecandidate, the employee or the union, if such an arrangement is in effec.The employee or the union wi be reimbursed if the second test invalidatesthe ongnal test or if the test was canceled.

5.3 Directly Observed Urine Specimen Collection

Under the following circumstances, the employee will be instructed to undergoan immediate urine specimen collection under direct observation with noadvance notice:

A. If the laboratory reported to the M RO that a specimen was invalid andthere was no adequate medical explanation for the result;

B. If the M RO reported that the original positive, adulterated, orsubstituted test result had to be canceled because the split specimentesting could not be performed;

C. If the collector observes employee conduct that clearly indicates anattempt to tamper with a specimen;

D. If the temperature on the original specimen is out of range;E. If the original specimen appeared to have been tampered with; orF. If the test being conducted is a return-to-duty test or a follow-up test.

The observer shall be the same gender as the employee, but need not be thecollector. The observer is responsible for ensuring that the specimen goesfrom the employee's body into the collection container. If the employeedeclines to allow a directly observed collection when required or permittedunder this policy, it is considered a refusal to test.

6.0 EDUCATION AND TRAINING

Al employees will receive a copy of this policy. Additional employee education andtraining programs include posters, new employee orientation, community resources,informational materials and seminars.

All safety-sensitive employees will undergo a minimum of 60 minutes of training onthe signs and symptoms of drug use and alcohol misuse, including the effects andconsequences on personal health, safety and the work environment. This mandated


æMetro


Drug'-and Alcohol Free

Work Environment

training shall include information on community treatment and drug-abuseprevention resources and voluntary rehabilitation.

Drug and alcohol training similar to that mandated for safety-sensitive employees isavailable to non-safet-sensitive employees.

Managers, supervisors and/or other Metro offcers authorized by Metro to makereasonable suspicion determinations shall receive at least 60 minutes of training onthe physical, behavioral, and performance indicators of probable drug use and at least60 minutes of training on the physical, behavioral, speech, and performance indicatorsof probable alcohol misuse.

7.0 VOLUNTARY REHABILITATION

Meto strongly encourages employees to voluntariy see professional assistance forproblems deaing with drug and/or alcohol abuse or misuse. Voluntaryrehabiltation means self-identification before the problem is deteced as a result ofMeto-direced drg and/or alcohol tests.

If in-patient or fu-tie day treatment is required, the employee is alowed to take a

medca leave of absence to partcipate in the prescnbed rehbiltation and may usepaid leave tie in accordance with Meto policy or the applicable provisions of acollecve bargaining agreement.

Voluntary enrollent in an Employee Assistance Program (EA) for treatment

does not excuse or exempt an employee from disciplie followig a positive testresult or other violation of this policy. liewise, voluntary or mandatory enrollmentin EAP or assessment by a SAP does not shield an employee from disåplinaryacton or gurantee employment or reinstatement with Metro.

8.0 CONFIDENTIALITY AND ACCESS TO FACILITIES AND RECORDS

Employees have a right to examine their own drug and alcohol testing records, provideinformation to dispute the results, and have access to any pertinent data such as EBTcalibration or drug testing laboratory certification. They also have a right to obtain acopy of their own test results by submitting a written request to the Drug and AlcoholProgram Administrator identified in Section 3.0 of this policy.

Metro will maintain the confidentiality of the testing records to protect the privacy ofthe individuals tested. Individual test results or medical information will be released

to third parties (including unions) only with the employee's specific written consent,

or to those parties authorized by the DOT, FTA, or other agency authorized by law orregulation to receive such information without the employee's consent.




The employee's written consent is not required in administrative or legal proceedingssuch as:

A. A lawsuit, grievance, or administrative proceeding brought by, or onbehalf of the employee, resulting from a positive test or a refusal to test;or

B. A criminal or civil action resulting from an employee's performance ofsafety-sensitive duties where the alcohol or drug test information isdeemed relevant.

9.0 FEDERAL DRUG-FREE WORKPLACE ACT of1988 (DFWA) REQUIREMENTS

Under the DFWA, employees are prohibited from the unlawful manufacture,distribution, dispensing, possession, or use of a controlled substance in theworkplace. Employees are required to notifý management in writing of any criminaldrug statute convictions received ror a violation occurring in the workplace, no laterthan five calendar days after such a conviction. Within 70 calendar days of receiving

such notice, Metro shall provide written notification of the conviction to the FTA.Within 30 calendar days of receiving notice of the conviction, Metro shall takeappropriate disciplinary action, or require the employee to participate and successfullycomplete a drug rehabilitation program.

law enforcement shal be notied, as approprite, where criminal actvity issuspeced.

10.0 PREEMPTION OF STATE AND LOCAL LAWS OR LABOR AGREEMENTS

If a conflict occurs between state and local laws or labor agreements and any federalregulation, the federal regulation prevails. Federal regulations do not preemptprovisions of state criminal laws that impose sanctions for reckless conduct attributedto prohibited drug use or alcohol misuse, whether the provisions apply specifically totransportation employees, employers, or the public in general.

11.0 DEFINITIONS

Accident Triggering a Drug and Alcohol Test: An occurrence associated with theoperation of a vehicle, if as a result:

A. An individual dies;B. An individual suffers bodily injury and immediately receives medical

treatment away from the scene of the accident;


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C. The mass transit vehicle involved is a bus, van or automobile, one or morevehicles (including non-FTA funded vehicles) incurs disabling damage asthe result of the occurrence and such vehicle or vehicles are transportedaway from the scene by a tow truck or other vehicle; or

D. The mass transit vehicle involved is a rail car and the vehicle is removedfrom revenue service.

Adulterated Specimen: A urine specimen that contains a substance that is notexpected to be present in human urine, or contains a substance expected to bepresent but is at a concentration so high that it is not consistent with human urine.

Alcohol Use: The drinking or swallowing of any beverage, liquid mixture orpreparation (including any medication), containing alcohoL. For purposes of thispolicy, alcohol is alcohol regardless of source.

BAC: Blood alcohol concentration; refers to reading on EBT during alcohol testing.

Breath Alcohol Technician (BAT): An individual who instructs and assists employeesor applicants in the alcohol testing process and operates an Evidential Breath Testing

(EBT) device.

Canceled Test: A drug or alcohol test with an identified problem that cannot be or hasnot been corrected, or which CFR 49 Part 40 requires to be canceled. A canceled testis neither a positive nor a negative test.

Collector: A person who instructs and assists individuals at a collection site, whoreceives and makes an initial inspection of the specimen provided by the individual,and who initiates and completes the Custody and Control Form (CCF).

Controlled Substances: Any drug classified by the U.S. Drug Enforcement Agency(DEA) into the five schedules or classes on the basis of their potential for abuse,accepted medical use, and accepted safety for use under medical supervision.

Designated Employer Representative (DER): An employee designated to administerMetro's Drug and Alcohol Program and authorized by Metro to take immediateaction (s) to remove employees from safety-sensitive duties and make requireddecisions in the testing and evaluation processes. The DER also receives test resultsand other communications on behalf of Metro, consistent with the requirements of 49CFR Part 40.

DHHS: United States Department of Health and Human Services.




Disabling Damage: Damage that precludes departure of a motor vehicle from thescene of the accident in its usual manner in daylight after simple repairs. Thisincludes damage to a motor vehicle, where the vehicle could have been driven, butwould have sustained further damage if so driven. It does not include:

A. Damage that can be remedied temporarily at the scene of the accident withoutspecial tools or parts;

B. Tire disablement without other damage even if no spare tire is available;C. Headlamp, mirror or taillight damage; orD. Damage to turn signals, horn, or windshield wipers that make them

inoperative.

DOT: United States Department of Transportation.

Drug Abuse: Use of any illegal drug or controlled substance without a validprescription, misuse of legally prescribed drugs, or use of illegally obtainedprescription drugs. This includes use of prescription drugs legally prescribed toanother individuaL.

Evidential Breath Testing (EBT) Device: A device approved by the National HighwayTraffc Safety Administration (NHTSA) for the evidential testing of breath at the .02and .04 alcohol concentrations and placed on the N HTSA's Conforming Products List.

FTA: Federal Transit Administration; an agency in the U.S. Department ofTransportation.

Invalid Drug Test: The result of a urine drug test that contains an unidentifiedadulterant or an unidentified interfering substance, has abnormal physical

characteristics, or has an endogenous substance at an abnormal concentration thatprevents the laboratory from completing or obtaining a valid test result.

Mass Transit Vehicles: Vehicles used for mass transportation or ancillary services.

Medical Prescriptions: A medication prescription written by a physician which

indicates the employee's name, date, substance, dosage (quantity or amount to betaken), and period of authorization. It is a violation of this policy to use any controlledsubstance that is inconsistent with the prescription.

Medical Review Offcer (M RO): A licensed physician who is responsible for receivingand reviewing laboratory results generated by an employer's drug testing program.He or she must have knowledge of substance abuse disorders and possess theappropriate medical training to interpret and evaluate medical explanations for certaindrug test results.




Mitigating Circumstances: Individual circumstances that, when taken collectively,may be considered in assessing appropriate discipline for policy violations. Examplesare: nature or consequence of the violation, job functions, employment history, lengthof service and performance record of the employee.

Off-duty: The status of an employee who is not presently working or required to reportto work.

On Call: See Subject to Duty.

Positive Alcohol Test: The presence of alcohol in the body at a concentration of 0.02or greater as measured by an EBT device.

Positive Drug Test: Any urine specimen that shows the presence of controlledsubstances and is verified by the M RO. The confirmatory cut-off (ng/ml) for theprohibited controlled substances is as follows:

A. Marijuana

B. Cocaine

C. Opiates

D. Amphetamines/includes methamphetaminesE. Phencyclidine (PCP)

15

150200050025

Refusal to Test:

A. Failure to appear at the collection site within a reasonable time, asdetermined by the employer, after being directed to do so by theemployer representative (except for pre-employment test).

B. Failure to remain at the collection site until the testing process iscompleted, except in pre-employment situations where leaving the sitebefore the testing process begins is not deemed to be a test refusaL.

C. Failure to provide a urine, breath, or saliva specimen as required by 49

CFR Part 40.D. Failure to permit the observation or monitoring of specimen collection

when it is required.E. Failure to provide a suffcient amount of urine or breath specimen

without a valid medical explanation.F. Failure or refusal to take a second test when required.

G. Failure to undergo a medical examination or evaluation, as directed bythe M RO as part of the verification process, or as directed by the DERas part of the "shy bladder" or "shy lung" procedures of 49 CFR Part 40.


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H. Failure to cooperate with any part of the testing process (for example,refusing to empty pockets when so directed by the collector, behaving ina confrontational way that disrupts the collection process, refusing tosign the testing forms when required).

i. Failure to remain readily available for post-accident testing, including

failure to notify Metro management of employee's location if employeeleaves the scene of the accident prior to undergoing a post-accident

test.J. A verified adulterated or substituted test result.

NOTE: - A refusal to test is equivalent to a positive test result.

Employees are responsible for complyig with the protocolrequired dunng the dru and alcohol testig process. Incertin circumstaces, while failure to comply may not be

deemed a "refusal to test", the employee may neverteless bedisciplined for not cooperating or complyig in fu with theprocedures set fort in this policy.

Safety-Sensitive Employee - An employee who performs a safety-sensitive function.This includes any period in which he or she is actually performing, ready to perform,or immediately available to perform anyone of the following safety-sensitive functions:

A. Operating a revenue service vehicle, even when it is not in revenue service;B. Operating a non-revenue service vehicle when required to be operated by a

Commercial Driver's License (CDL) holder;C. Controlling dispatch or movement of a revenue service vehicle;D. Maintaining (including repairs, overhaul and rebuilding) a revenue service

vehicle or equipment used in revenue service; orE. Carrying a firearm for security purposes.

Split specimen: In drug testing, a part of the urine specimen that is sent to a firstlaboratory and retained unopened, and which is transported to a second DH HS-certified laboratory for testing upon employee request following a verified positive or averified adulterated or substituted test result from the primary specimen.

Subject-to-Duty: The status of an employee who is scheduled to report for work at anassigned time and or who has not been finally and completely released from theresponsibility of performing further work that day. Subject-to-duty also means anyemployee who is responsible for being available to perform work on an emergencybasis when called to do so, i.e. in an "on-call status, if the employee is guaranteedextra compensation because of his/her "on-call status. An employee who is simply

Drug and Alcohol Free Work Environment H R 4-2 Page 18 of20


Drug and Alcoho~ Free

Work Environment

responsible for responding, if available, when the employee is not within eitherdefinition above, is not considered to be subject-to-duty for the purposes of this policy.

Substance Abuse Professional (SAP): A licensed or certified professional withknowledge of and clinical experience in the diagnosis and treatment of drug andalcohol related disorders who evaluates employees who have violated a DOT drug andalcohol regulation and makes recommendations concerning education, treatment,and follow-up testing.

Substituted specimen: A specimen with creatinine and specific gravity values that areso diminished that they are not consistent with human urine.

Vehicles used by Metro: Buses, vans, automobiles, rail cars, non-revenue commercialmotor vehicles, and vehicles used by armed security personneL.

12.0 RESPONSIBILITIES

Employees at all levels are responsible for reading, understanding, adhering to this policy andmeeting the specific standards of performance. Each employee shall receive and sign for acopy of this policy.

Managers and Supervisors are strictly accountable for the consistent application andenforcement of this policy. Any Supervisor/Manager who knowingly disregards the

requirements of this policy, or who is found to deliberately misuse the policy in regard tosubordinates, is subject to disciplinary action, up to and including discharge.

13.0 FLOW CHART

Not Applicable

14.0 REFERENCES

1. Omnibus Transportation Employee Testing Act of1991

2. 49 CFR Part 655

3. 49 CFR Part 40

4. Federal Drug Free Workplace Act of 1988 (41 USe. Sections 701 -707)

5. California Drug-Free Workplace Act of 1990 (CA Government Code Section 8350 etseq)

6. Americans with Disabilities Act (ADA)


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7. 49 CFR 391.41 - 391.49

8. HR 3-10 Discipline

9. I- R 7-3 Employee Assistance Program

10. What Employees Need To Know

11. Prohibited Behaviors

12. Drug Collection Procedures

13. Alcohol Testing Procedures

14. Facts About Random Testing

15. The Role of the Medical Review Offcer

16. The Role of the Substance Abuse Professional

17. Looking For Help? (Resource & Referral Listing)

18. Contact List

Alcohol and Drug Bulletins

1-14-2000 Drug & Alcohol Policy Bulletin7-31-2001 Upcoming Drug & Alcohol Policy Revision12-1-2001 Notification of Regulatory Changes to the Drug and Alcohol Policy7-20-2003 Revised Safety-Sensitive Job Classification List3-8-2004 Notification of Changes to the Drug and Alcohol Program

15.0 ATTACHMENTS

1. Appendix A - Listing of Safety-Sensitive Job Classifications

16.0 PROCEDURE HISTORY

2/3/93 Former LACTC and former SCRTD interim procedures Board-adopted.

1/1/95 New Procedure.

7/1/97 Revised for conformance to mandated regulatory changes.



5/26/05 To reflect policy changes made under Metro authority.


æ MetroAlcohol-and-Dmg-Free Work Envionment Policy (HR 4-2)

Appendi A

LISTING OF SAFETY-SENSITNE JOB ClASSIFICATIONS BY TITLE

(Revised OS/26/05)JOBCODE 'JLE9597# Assistant Operations Control Manager7204 Assistant Manager, Rail Division Transportation0782 Body Repairer" A"0786 Body Repairer "A" Leader0850 Bus Operator Ful Time0999 Bus Operator Part Time0991 Bus Operator Part Time (BDOF)0848 Bus Operator Trainee Ful Time0998 Bus Operator Trainee Part Time0990 Bus Operator Trainee Part Time (BDOF)0851 Bus Operator/Actng Transit Operations Supervsor0856 Bus Operator/Exta Schedule Checker0884 Cash Clerk/Relief Vault Truck Driver9635# Director of Operations Control0803 Electonic Communcations Technician0815 Electonic Communications Technician Leader4007 Equipment Maintenance Supervsor (EMS)4008 Equipment Servce Supervsor0789 Facilities Systems Technician0790 Facilties Systems Technician Leader0777 Fare Collecton Technician0778 Fare Collecon Technician Leader4009 Field Equipment Technician0830 Laborer "A"0779 Machinist0780 Machinist Leader0762 Maintenance Specialist0769 Maintenance Specialist Leader0752 Master Mechanic0753 Master Mechanic Leader0817 Mechanic" A"0814 Mechanic "A" Leader0781 Mechanic "A" Leader - Temp0812 Mechanic "AA"0810 Mechanic "AA" Leader0820 Mechanic "B"0818 Mechanic "B" Leader0822 Mechanic "C"0821 Mechanic "C" TraineeHR Standards and Employee Programs

RESONCODECC,OM,OM,O°°°°°°°°L

C,OM,OM,OMMMMO,MO,MMLMMM,LM,LMMM,O,LM,O,LM,O,LM,O,LM,O,LM,O,LM,O,LM,O,LM,O,LPage 1

0754 Mechanic "D"0775 Non-Revenue Rail Equipment Mechanic0776 Non-Revenue Rail Equipment Mechanic Leader9640# Operations Assistant Instrcton Manager9607 Operations Control Center Manager (Rail)0784 Painter "A"0787 Painter "A" Leader3805 Project Engineer (CDL Holder, Equipment Engineering)0767 - Rail Body/Paint Repairer

0747 Rail Body/Paint Repairer Leader4605 Rail Communications Supervsor7203 Rail Division Transportation Manager0763 Rail Electronic Communication Inspector0758 Rail Electronic Communication Inspector Leader7005 Rail Equipment Maintenance Supervsor (Rail EMS)7212 Rail Integration and Instrcton Manager7205 Rai Transit Operations Supervsor (Rail TOS)8202 SchedtÙes Manager (Rail Technical Support & Integration only)0363 Secuty Offcer II0423# Secuty Offcer/Canine Handler0422 Sr. Security Offcer0829 Servce Attendant0827 Servce Attendant Leader0785 Servce Attendant Leader - Temp0764 Signal Inspector0757 Signal Inspector Leader0765 Track Inspector0756 Track Inspector Leader0766 Tracton Power Inspector0755 Tracton Power Inspector Leader0859 Train Operator Ful Time0997 Train Operator Par Time0858 Train Operator Trainee Ful Time0996 Train Operator Trainee Part Time9624 Transportation Division Dispatcher8808 Transit Operations Dispatcher Ful Time8818 Transit Operations Dispatcher Part Time9609 Transit Operations Supervsor (TOS) Ful Time9639 Transit Operations Supervsor (TOS) Par Time8817 Transit Secuty lieutenant8804 Transit Secuty Manager8816 Transit Securty Sergeant0931 Truck Driver/Clerk0930 Sr. Truck Driver/Clerk0826 Utiity "A"0824 Utiity "A" Leader0783 Utiity "A" Leader - Temp0974 VatÙt Truck Driver0807 Warranty Equipment Mechanic0792 Warranty Equipment Mechanic Leader

HR Standards and Employee Programs

MMMC,OC,OO,MO,M°MMMC,OMMMC,OC,OCFFFO,MO,MO,MMMMMMM°°°°CCCC,OC,OFFFLLM,OM,OM,OL

M,OM,O

Page 2

SAFETYSENSITIV RESON CODES

o - Operates a revenue servce vehicle, even when not in revenue servce.

M - Performs repair or routine maintenance of revenue servce vehicles.C - Controls the movement of revenue servce vehicles.L - Operates a non-revenue servce vehicle requiring a Commercial Driver's License

- (CDL).F - Carres a firearm for secuty purpses.

IMPORTANT NOTES:

1. Employee in other classifcations/positions who obtain a CDL, at management'srequest, and operate a revenue vehicle for ANY reason, wi be considered saety-sensitive and subjec to:

3. Federa pre-ployment dr and alcohol testi, prior to obta the CDLb. Inclusion in the radom testi pol.c. Random testi when seleced, if they are peorm safety-sensitive duties

at any tie dun that parcuar testi period.

2. List is subject to change as classifcation titles are amended, added or deleted.3. Classifcations marked with a "#" have been added to the list since the last formal

revision, dated March 28, 200.

HR Standards and Employee Programs Page 3

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