Saturday, August 17, 2019

Frequently Asked Drug Free Workplace Questions


Q.

Do all new employees have to test?

A.

No. It depends on whether the employee has a current/valid Drug Free ID card and on your policy for testing.

  • If the employee has a current and valid Drug Free ID card that is less than six months old, the employee doesn't have to test.
  • If the employee's Drug Free ID card is older than six months, but less than a year old, you have the option of having the employee test, if that is your company policy.
  • In all other cases, new employees must test, including management.

Q.

What if a new employee has lost his/her card, or does not have it with him/her?

A.

Call your customer service representative at Benesys to verify his/her card is current and to have a replacement card mailed.

Q.

How do new employees get a Drug Free I.D. Card? 

A.

All applicants for employment will be required to submit to testing under this Policy after a conditional offer of employment has been made, unless the applicant has a current and valid identification card. Provided their test results are negative, new employees shall receive a $50 health maintenance benefit check and an approved identification card, valid for one year from the date of the pre-employment test.

Q.

How are employees selected for random testing?

A.

The program uses software that selects an employee at least once a year. If an employee has not tested within the last nine months, for whatever reason, the software will schedule a test for the employee within three months.

Q.

What if I am on vacation?

A.

You will be notified upon your return, and you must report to test within 24 hours.

Q.

How long do I have to get to the testing site?

A.

24 hours from the time you are notified. You should test on your own time.

Q.

What is reasonable suspicion?

A.

Reasonable suspicion is abnormal or unusual behavior that is:

  1. Noticed by the employee's immediate supervisor or others; and
  2. Confirmed by another supervisor or manager; and
  3. Commonly recognized to be a symptom of intoxication or impairment caused by a controlled substance; and
  4. A potential risk to the safety of the workplace.

Q.

Do I have to stay off the job until the results are received?

A.

If the test is for reasonable suspicion, yes; otherwise no.

Q.

When doing a reasonable suspicion test, are both the Breathalyzer and the drug urine test required? 

A.

Yes.

Q.

Do I receive the $50 health maintenance check if I test under a reasonable suspicion? 

A.

No.

Q.

What is the definition of an accident?

A.

Employees who have caused or contributed to a work related accident will be subject to post-accident testing, if, as a result of the accident:

  1. any employee seeks off-site medical attention; or
  2. there is any property damage, which at the time of the accident, is reasonably believed to exceed $500.00.

A drug urine and alcohol Breathalyzer will be performed no later than 24 hours after an employer has knowledge of the accident.

Q.

Do I receive the $50 health maintenance check for a post-accident test?

A.

No.

Q.

What if the employee's specimen falls outside the normal temperature ranges (colder than 90 degrees, warmer than 100 degrees)?

A.

Specimens that fall outside the normal temperature ranges (colder than 90 degrees and warmer than 100 degrees), substituted specimens, adulterated specimens, and very dilute specimens (specific gravity that is less than 1.003 or creatinine less than 20 mg/dl) will be considered invalid for testing. Specimens that are tested, but are determined to have been adulterated, will also be treated as invalid and the adulterant reported. An employee providing a dilute specimen that is otherwise unacceptable for testing, such as a specimen out of normal temperature range may be asked to remain at the collection site to provide a valid sample, or to refrain from excessive consumption of fluids and to return to the collection site for a second urine specimen within 24 hours. Any employee being instructed to provide a second specimen on site must remain at the collection site until a new specimen is provided. If the second specimen is also invalid, the employee will be referred to the MRO and will not be able to return to work until a valid sample is provided and will be subject to the penalties outlined under the Policy.

Q.

How does an employee request a blood sample if he/she can't give a valid urine sample?

A.

The employee must contact Benesys upon learning of the medical need, so that the request for alternative procedures may be evaluated before the employee is required to test. The employee must have a confirmed medical condition before the employee may test using an alternative means of testing (blood or saliva). The program's MRO will confirm the medical condition. A&I will set up the alternative form of testing.

Q.

What if the employee's sample is not large enough for testing (quantity)?

A.

The employee must stay at the testing site until he/she is able to provide a full sample. If the employee leaves before providing the sample he/she has refused to test and will be immediately suspended from work and/or ineligible for dispatch (where dispatch rules allow) for a two-week disciplinary penalty.

Q.

What if the employee is taking prescription drugs?

A.

The employee should list, in the space provided on the Custody and Control Form, all of the prescription drugs he/she is taking. The employer's copy of the Custody and Control Form will not show the drugs listed by the employee.

Q.

How long does it take to get the results of the test?

A.

Benesys receives the results from Legacy within 24-72 hours depending on the collection site used. (Using the Holiday Park Legacy facility guarantees Benesys will receive the results within 24 hours).

Q.

How long does it take to get the card and the $50 check?

A.

In most cases, the check should be mailed to the employee's home within three weeks. If it has been longer, please contact the Trust office, Benesys, to verify we have the results and address.

Q.

When does someone receive the $50 health maintenance check?

A.

After having a negative result for a pre-employment or random test.

Q.

What if my card is older than six months?

A.

If your Drug Free Workplace ID card is older than six months, but less than a year old, your employer has the option of having you test, if that is company policy.

Q.

How long does it take to receive a card?

A.

Expect it to take about three weeks to receive a card once your employee has tested. If it has been longer, please contact the Trust office, Benesys, to verify we have the results and address.

Q.

Who is the medical review officer (MRO) and what is his/her role?

A.

Dr. Kirby Griffin is our medical review officer. The MRO has the following responsibilities:

  • To provide a second opinion in confirming any positive drug test
  • To determine if a positive test is because of drug use or because of a medical or biological reason
  • To determine if there is a medically appropriate reason for a diluted urine sample
  • To determine whether an employee has a medical condition that would require alternative testing, such as blood or saliva testing.
  • To confirm whether the sample is adulterated or diluted for a non-medical reason.

Q.

What does non-compliance mean?

A.

It could mean any of the following:

  • Failing to take a scheduled test;
  • Failing to keep a scheduled appointment with the evaluator;
  • Failing to participate in and/or complete the assigned treatment or education program;
  • Refusal to test;
  • Substituting another substance or specimen for his/her urine specimen (including your own previously excreted urine);
  • Giving a second diluted specimen sample without a valid medical explanation;
  • Providing a urine specimen that has the presence of an adulterant.

Refusal to Test - means any conduct by an employee that interferes with the testing process, such as:

  • Refusing or failing to appear at the collection site;
  • Refusing to provide valid identification, signatures or initials where required;
  • Disruptive, belligerent or offensive conduct at the collection or test site;
  • Late arrival at the collection or test site (more than 24 hours after notification);
  • Having a known adulterant(s) on one's person when appearing for a collection or test, even if no adulterant is introduced into the specimen.

Penalties for Refusal to Test or for Substitution, a Second Dilution or Adulteration:

  • The employee will be suspended from work (or from dispatch where dispatch rules allow) for a two-week disciplinary penalty.

To Return to Compliance

  • The employee must submit to testing and provide a valid specimen within 24 hours of notice.

If The Employee Fails to Test Within 24 Hours

  • The employee will be suspended from work and/or dispatch for an additional one-week disciplinary penalty.
  • After this, every 24-hour delay in testing will result in an additional penalty of one-week suspension from work and/or dispatch.

Q.

How does the grievance policy work if the employee does not like how something was handled?

A.

  • Testing, evaluation or treatment program. If the decision or action relates to testing, evaluation or treatment procedures, the employee should first try to resolve the issue informally with the Cascade Centers EAP. For example, ask for a new evaluation or new counselor. If it is not resolved informally, the employee may file a grievance through his/her local union (or through company policy, for non-bargaining employees).
  • Termination due to non-compliance. If the employee has been terminated from a job, he/she should first appeal to the administrator, Benesys. If not satisfied with the results, the employee may file a grievance through his/her local union (or through company policy, for non-bargaining employees).
  • Not eligible for employment or dispatch (where local dispatch rules allow). If the employee is not eligible for dispatch as a result of any decision made under the Drug Free Workplace Program, he/she may appeal to the Hiring Hall Appeals Committee.

Q.

What if the employee wants a second opinion?

A.

If the employee tests positive, the employee has the right to have a portion of his/her specimen independently examined by a laboratory of his/her choice at his/her expense. The specimen must be re-tested within ten working days by a National Institute on Drug Abuse (NIDA) certified lab. If the specimen is adulterated, the employee does not have the right to have it re-tested.