American Substance Abuse Professional Drug Solutions, Inc.
©LACC Policy (7
th
Rev. 01-01-2013)
LOS ANGELES CLEAN CARD (LACC)
SUBSTANCE ABUSE POLICY
© ASAP Drug Solutions, Inc.
Reproduction or translation of any part of this work without the written permission of the copyright Owner is
unlawful
American Substance Abuse Professional Drug Solutions, Inc.
©LACC Policy (7
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Rev. 01-01-2013)
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TABLE OF CONTENTS Page
1.0 INTRODUCTION .................................................................................................................1
2.0 LACC POLICY STATEMENT .............................................................................................2
3.0 DRUG AND ALCOHOL TESTING PROGRAM ................................................................3
3.1 Applicability and Individuals Subject to Testing ..........................................................3
3.2 Substances Tested ..........................................................................................................3
3.3 Definition of Illegal Drugs (Substances) .......................................................................3
3.4 Illegal Use and Use of ‘Borrowed’ Prescription Medicines ..........................................3
3.5 Medical Marijuana and Recreational Marijuana ...........................................................4
3.6 Use of Prescription Medications, Including ‘Old’ Prescriptions ...................................4
3.7 Possession and Consumption of Drugs .........................................................................4
3.8 Prohibitions on Use of Alcohol and Other Alcohol-related Conduct ............................5
4.0 LACC PROGRAM TERMS ..................................................................................................7
4.1 ‘Active/Inactive’ Status and Verification System .........................................................7
4.2 Definitions of Status and LACC Terms ........................................................................7
5.0 TYPES OF DRUG AND ALCOHOL TESTS ......................................................................10
5.1 Pre-Enrollment/Pre-Employment Testing .....................................................................10
5.2 Random Testing .............................................................................................................11
5.3 Pre-Access Testing ........................................................................................................12
5.4 MTR Testing (‘Missed Three Randoms’ Testing) ........................................................12
5.5 Reasonable Suspicion/For Cause Testing .....................................................................13
5.6 Owner/Contractor Initiated (Unit or Wall-to-Wall) Testing .........................................15
5.7 Post-Accident/Incident Testing .....................................................................................16
5.8 Return-to-Duty Testing .................................................................................................17
5.9 Follow-up Testing .........................................................................................................18
5.10 “Other” Tests .................................................................................................................18
6.0 CONSEQUENCES OF TESTING POSITIVE OR REFUSING TO TEST – RETURN-
TO-DUTY (REHABILITATION) REQUIREMENTS .........................................................19
7.0 PROBLEMS IN DRUG TESTING .......................................................................................20
7.1 Refusal to Test ...............................................................................................................20
7.2 Procedures in Insufficient Amount of Urine for a Drug Test ........................................21
7.3 Procedures in Inability to Provide Enough Breath to Permit a Valid Alcohol Test ......21
7.4 Directly Observed Urine Collections ............................................................................21
7.5 Self-Identification ..........................................................................................................22
7.6 Dilute Specimens ...........................................................................................................22
7.7 Re-analysis (Retest of the Original Drug Test Specimen) ............................................23
7.8 Alternative Specimens ...................................................................................................23
8.0 OTHER LACC PROGRAM PROCEDURES .......................................................................24
8.1 Drug or Alcohol Test Not Completed ...........................................................................24
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8.2 Multiple Positive Tests within a 48-Hour Period ..........................................................24
8.3 Responsibilities ..............................................................................................................24
9.0 DRUG AND ALCOHOL TESTING PROCEDURES ..........................................................26
9.1 Collection Site ...............................................................................................................26
9.2 Drug Testing Laboratory ...............................................................................................26
10.0 MEDICAL REVIEW OFFICER AND THE VERIFICATION PROCESS..........................28
11.0 SUBSTANCE ABUSE PROFESSIONAL ............................................................................30
12.0 RECORDKEEPING PROCEDURES AND RELEASE OF INFORMATION ....................31
12.1 Record Retention ...........................................................................................................31
12.2 General Confidentiality Rules .......................................................................................31
13.0 EDUCATION AND TRAINING ..........................................................................................33
13.1 Designated Employer Representative (DER) Training .................................................33
13.2 Supervisor Training .......................................................................................................33
13.3 Employee Training ........................................................................................................33
14.0 PROGRAM REVIEW, AUDIT, AND OWNERSHIP ..........................................................34
15.0 COSTS ...................................................................................................................................35
15.1 Contractor Employer Costs ...........................................................................................35
15.2 Employee Costs – Re-analysis and Rehabilitation ........................................................35
16.0 SOCIAL SECURITY VERIFICATION................................................................................35
Appendix 1: General Definitions of Terms in Drug and Alcohol Testing ......................................36
Appendix 2: Drug and Alcohol Panel, and Cutoff Concentrations for Initial and Confirmation
Tests ..........................................................................................................................39
Appendix 2b: Hair Testing: Drug Panel, and Cutoff Concentrations for Initial and
Confirmation Tests .....................................................................................................40
Appendix 3: Los Angeles Clean Card (LACC) Consortium Return-To-Duty Provisions ..............41
Appendix 4a: Summary – Protocol for Urine Collection (Drug Testing) .........................................45
Appendix 4b: Protocol for Alcohol Testing ......................................................................................46
Appendix 4c: Summary Protocol for Hair Collection (Alternate Specimen for Drug Testing) .......47
Appendix 5: Steps for Conducting Reasonable Suspicion/For Cause Evaluations and Testing .....48
Appendix 6: Drug Abuse and Alcohol Misuse Information Helplines ...........................................49
Appendix 7: Drug and Alcohol Health and Safety Facts ................................................................50
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1.0 INTRODUCTION
The Los Angeles Clean Card (LACC) Substance Abuse Policy was established by a
group of production plant Owners in 1994 to provide a standardized program for drug
and alcohol testing for all Contractor employees working at participating Owner sites,
and to avoid duplicate testing of employees transferred to other Owner sites with
different policies.
For purposes of administering a uniform substance abuse policy, all Contractor
companies are considered a single entity, the LACC Contractor Consortium. All
Contractor employee members (hereinafter referred to as Contractor employees or
employees) of this consortium meeting the requirements of this policy will have an
‘Active’ status and are eligible to work at all participating Owner sites. Each Owner,
however, shall retain the option of instituting a separate policy to govern the re-entry of
Contractor employees with a prior ‘Inactive’ status who have completed recommended
rehabilitation requirements and have been designated ‘Active’.
The provisions of the policy have been established to achieve the following goals:
Promote a safe work environment, by reducing workplace accidents and injuries
resulting from the use of illegal drugs and misuse of alcohol;
Standardize individual Owner site requirements to reduce the cost of repetitious
substance testing of Contractor employees;
Expedite access of Contractor employees to Owner job sites without the delay and
cost of waiting for test results;
Preserve the dignity of the working men and women through standardized testing
procedures;
Provide a program that can be easily audited to ensure compliance.
LOS ANGELES CLEAN CARD (LACC)
SUBSTANCE ABUSE POLICY
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2.0 LACC POLICY STATEMENT
The Owners of the LACC Policy are committed to establishing the highest standards of
safety and health at work, by maintaining a work environment that is free of drugs and
alcohol, and reducing workplace accidents and injuries resulting from the use of illegal
substances and misuse of alcohol. The LACC’s goal is to provide a fair and objective
program that will deter the use of illegal drugs and misuse of alcohol and assist in the
detection of substance abusers. This program shall be subject to approval and audit by
the Owners.
The use of illegal drugs and alcohol is prohibited on Owner sites. The Owners also
prohibit Contractor employees from reporting to work or being on Owner premises with
substances exceeding stated limits in their systems. Contractors shall not knowingly
utilize the services of any person on Owner premises who has tested positive on, or
refused to take, a drug and alcohol test (hereinafter referred to as test), or otherwise
violated the requirements of this policy.
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3.0 DRUG AND ALCOHOL TESTING PROGRAM
3.1 Applicability and Individuals Subject to Testing
Any Contractor applicant or employee entering Owner facilities or performing any
operating or maintenance function on Owner property is considered a safety-
sensitive employee and is subject to testing under this policy. This includes full-
time, part-time, and temporary employees. The contractor’s designated employer
representative (DER), with responsibility for the Contractor employees’ compliance
with this policy and the integrity of this testing program, is performing a safety-
sensitive function and is, therefore, subject to testing.
3.2 Substances Tested
Although all illegal substances are prohibited on Owner sites, the 10 substances
listed in Appendix 2 (Drug and Alcohol Panel) are of particular concern.
Substances shall be added or deleted from the list as drug usage patterns suggest the
need for change. Synthetic drugs, including, but not limited to, synthetic
cannabinoids (K2/Spice) or synthetic stimulants/cathinones (bath salts), may be
tested for under reasonable suspicion or for cause situations. Refer to “Addendum
for Synthetic Substances (Drugs).”
3.3 Definition of Illegal Drugs (Substances)
An ‘illegal drug’ is any drug that is not legally obtainable or is legally obtainable
but has either been obtained illegally, or is not being used for its prescribed
purposes.
3.4 Illegal Use and Use of ‘Borrowed’ Prescription Medicines
The use of any illegal drug or controlled substance (Schedules I through V of
Section 202 of the Controlled Substances Act) is prohibited at all times unless a
legal prescription has been written for the use of the substance. This includes, but is
not limited to the substances listed in Appendix 2, as well as any substance that
causes the presence of these drugs or their metabolites, such as hemp products, coca
leaves, or any substance not approved for medical use by the U.S. Drug
Enforcement Agency (DEA) or the U.S. Food and Drug Administration (FDA).
Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and
the use of illegally obtained prescription drugs. Consistent with federal law, use of
another person’s prescription medication, including a spouse’s cough or pain
medication, shall be considered unauthorized use of medication. The use of a drug
that can only be obtained by prescription in the United States, but may be available
without a prescription in another country, without a verifiable legitimate medical
explanation, or with clinical evidence of abuse, shall be considered unauthorized
use. The ‘use’ of a drug means the presence of the drug in the body while the
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employee is on duty. Positive results as defined by current cut-off limits on a drug
test or alcohol test are sufficient to support the ‘use’ of a drug.
3.5 Medical Marijuana and Recreational Marijuana
Medical Marijuana: Contractor employees must be in compliance with all federal
drug laws and the Federal Controlled Substances Act. The Federal government has
not approved marijuana as a controlled substance to be used legally for medical
reasons. Consistent with the Federal government drug and alcohol programs, the use
of marijuana for “medical purposes” as recommended by a physician or other health
care provider will not be considered as “authorized, legitimate medical use” of a
controlled substance, and the test will be reported positive by the Medical Review
Officer (MRO).
Recreational Marijuana: The federal government does not authorize the use of
marijuana for any reason. The MRO shall also report a test as positive if an
individual has used “recreational marijuana” in states that have passed “recreational
marijuana” initiatives.
A positive test is a violation of this policy.
The use of marijuana is also inconsistent with the performance of safety-sensitive
and security-sensitive job duties. To assure a safe work place, it is not acceptable for
employees subject to drug testing under this policy to use marijuana.
3.6 Use of Prescription Medications, Including ‘Old’ Prescriptions
Legal drug use, as reflected by a verified prescription, results in a verified ‘negative’
by the medical review officer (MRO). Although a drug test may be verified
negative by the MRO for use of a prescription drug, the MRO shall report to the
DER any safety concerns in prescription drug use, or when the employee has a
medically disqualifying condition. All prescription drug use shall be under the
contemporaneous supervision of a treating physician. If any prescription drug being
used is expired or was obtained more than two years ago, follow-up with a treating
physician is required, and a substance abuse evaluation may be required.
Marinol
When an employee has a prescription for Marinol, the MRO is authorized to request
additional testing to distinguish Marinol from marijuana use. The employee’s status
remains ‘Inactive-pending’ until results of the test have been reported. Depending
on Contractor Company policy, the employee must pay for the test.
3.7 Possession and Consumption of Drugs
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Consistent with the Drug-free Workplace Act of 1988, Contractor employees are
prohibited from engaging in the unlawful manufacture, distribution, dispensing,
possession, or use of prohibited substances while on Owner premises, or while on
duty. This includes synthetic drugs, even if purchased over the counter without a
prescription.
3.8 Prohibitions on Use of Alcohol and Other Alcohol-related Conduct
Employees are prohibited from reporting for or remaining on duty while having an
alcohol concentration of 0.02 or higher. Employers who have knowledge that an
employee has an alcohol concentration of 0.02 or higher shall not allow the
employee to enter or perform work on Owner sites.
Alcohol Concentration of 0.02 – 0.039
An employee with a confirmed alcohol concentration of 0.02 to 0.039 shall be
immediately removed from Owner sites and prohibited from performing his/her
duties for a minimum of 24 hours. Permission to re-enter will be denied until a
subsequent test documents an alcohol concentration of less than 0.02.
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Alcohol Concentration of 0.04 or higher
An employee with a positive test result (0.04 or higher) shall be immediately
removed from Owner sites and referred to a substance abuse professional (SAP).
Before being permitted to re-enter, such employee must meet the return-to-duty
(rehabilitation) requirements of the LACC Policy (Section 6.0 and Appendix 3).
Pre-Duty Use and On-Call Employees
Contractor companies shall prohibit employees from using alcohol within 4 hours
prior to reporting to Owner sites. Employees who are not on Owner sites but could
be called to duty at any time are subject to the pre-duty alcohol prohibition. Any
employee who is under the influence when called to duty must notify company
personnel when contacted.
On-Duty Use and Other Prohibited Conduct
Contractor companies shall prohibit employees from the possession, distribution, or
consumption of alcohol while on Owner premises, or while on duty.
Alcohol Use Following an Accident
Employees required to take a post-accident/incident test shall not use alcohol for 8
hours following the accident or until he/she has taken a post-accident alcohol test,
whichever occurs first.
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4.0 LACC PROGRAM TERMS
4.1 ‘Active/Inactive’ Status and Verification System
The system will designate Contractor employees as being either ‘Active’ or
‘Inactive’. Employees failing to comply with the requirements of this policy will be
designated as ‘Inactive’. Employees who have demonstrated compliance with the
requirements of this policy will be designated as ‘Active’. The designation of an
‘Active’ or ‘Inactive’ status does not imply use or abuse of substances.
The testing and verification process will be managed by a third-party administrator
(TPA), ASAP Drug Solutions, Inc. Participating Contractors and Owners will have
access to the LACC database for verification of each Contractor employee’s status.
Owners may verify only an employee’s status and will not have access to drug test
results (with the exception of tests conducted under Section 5.7, entitled ‘Owner
Initiated (Unit or Wall-to-Wall)’ Testing.
Participating Contractors and Owners have the right to exclude ‘Inactive’ employees
from access to Owner sites. An ‘Active’ designation makes an employee ‘eligible
for’ but does not guarantee access to a participating Owner’s site. For access, an
employee may need to comply with specific Owner requirements outside of this
policy.
When an individual is no longer an employee, the Contractor must remove him/her
from the Contractor Company’s random pool. Removal from the pool will place the
individual and his/her current status into the ‘awaiting assignment pool’.
4.2 Definitions of Status and LACC Terms
‘Active’ and ‘Inactive’ Status
Active indicates that the employee is a member of the LACC Contractor
Consortium who is in compliance with the LACC program. ‘Active’ employees are
eligible to work at participating Owner sites.
Inactive indicates that the employee is ineligible for entry onto Owner sites.
Inactive-Not-on-File indicates that the applicant/employee has not yet completed
drug and alcohol testing within the LACC program. This individual will need to
complete a ‘new member’ application form and will require a verified negative pre-
enrollment/pre-employment test to achieve an ‘Active’ status in the LACC
Consortium.
Inactive-Pending indicates that further action is required before the employee is
eligible for entry onto Owner sites.
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Inactive-Retest indicates that the employee must take a drug and alcohol test before
eligibility for entry onto Owner sites can be determined.
Inactive-Retest-MTR indicates that the employee has missed three consecutive
random tests and must take a drug and alcohol test before eligibility for entry onto
Owner sites can be determined.
Inactive-MTR indicates that the employee has missed an MTR test for which the
DER is required to provide a written explanation. ASAP Drug Solutions, Inc. will
determine eligibility for retest.
Active A-A and Inactive A-A (awaiting assignment) applies to consortium
members no longer performing contract work at Owner sites and who have no need
to be in a Contractor Company’s random pool. These individuals will be ‘de-
activated’ by the DER from the company’s random pool and placed in the ‘awaiting
assignment’ pool, making them potentially eligible for immediate employment.
‘Active’ members will be designated ‘Active A-A’ when they are placed in the
‘awaiting assignment’ pool. ‘Inactive’ members will be designated ‘Inactive A-A’
when they are placed in the awaiting assignment pool. ‘Active A-A’ members in
the awaiting assignment pool are subject to the 50% random selection rate
requirements of the LACC policy; however, missed random tests will not be
included in the count toward the ‘missed three randoms’ (MTR) test.
Definitions of Terms Specific to the LACC Policy
ASAP Drug Solutions, Inc. – The consortium/third-party administrator (C/TPA)
that provides and coordinates drug and alcohol testing services of Contractor
employees under the LACC Program. Its responsibilities include, but are not
limited to administrative and management tasks such as random test selection,
record management, and data maintenance.
Employee – Any Contractor employee subject to substance testing under the LACC
Policy, including applicants for employment. Under the LACC policy, the terms
‘employee’, ‘Contractor employee’, and ‘employee member’ have the same
meaning.
Contractor Employer – Any individual or entity employing one or more
individuals working on Owner sites who are subject to substance testing under the
LACC policy. The term means the entity responsible for overall implementation of
the LACC program requirements. The terms ‘Contractor employer’ ‘Contractor’ or
‘employer’ includes the Owner/s, management personnel, and representative/s of
the Contractor Company.
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Los Angeles Clean Card (LACC) Consortium – A program jointly sponsored by
participating Owners and consisting of a group of Contractor employers joined as a
single entity for the purpose of administering a uniform substance abuse policy for
all Contractor employees desiring to maintain eligibility to work on Owner sites.
Owner – Any production plant (company or representative of the company) that
sponsors the LACC program or holds an executive position within the LACC.
Owners are responsible for developing and implementing the LACC Drug and
Alcohol Program through a consortium/third party administrator (C/TPA).
Remove an Employee – Process of ‘moving’ or ‘reassigning’ an employee from a
company random pool to the ‘awaiting assignment’ pool.
Safety and Environmentally Sensitive Position – Any position that includes duties
with the risk for causing physical injury to self, co-workers, the general public or
damage to the environment or property, as well as duties directly related to reducing
that risk.
Test – A drug test and an alcohol test; the administration of both constitutes a
complete test under the LACC Policy.
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5.0 TYPES OF DRUG AND ALCOHOL TESTS
Employee members shall be subject to substance abuse testing as follows:
5.1 Pre-Enrollment (Pre-Employment)
5.2 Random
5.3 Pre-Access
5.4 MTR (Missed Three Randoms)
5.5 Reasonable Suspicion/For Cause
5.6 Owner Initiated (Unit or Wall-to-Wall)
5.7 Post Accident/Incident
5.8 Return-to-Duty
5.9 Follow-up
5.10 Other
5.1 Pre-Enrollment/Pre-Employment Testing
Prior to initial enrollment in the LACC Consortium, applicants for employment and
current Contractor employees applying for membership in the LACC must test
negative for alcohol and drugs on a pre-enrollment/pre-employment test.
Under no circumstances may an individual enter or work within an Owner’s facility
until the following requirements are met:
1) The Contractor DER has completed and faxed the ‘New Employee
Membership Form’ to ASAP Drug Solutions, Inc. at the time the
applicant/employee is sent for testing.
2) The pre-enrollment test has been reported as negative and the individual has
been given an ‘Active’ status.
An applicant who has completed an application for enrollment will be required to
submit to a Pre-Enrollment test. Failure to report for testing after notification of the
requirement to do so will be considered a refusal to test. The DER will notify
ASAP Drug Solutions, Inc. using the ‘Refusal to Test’ form.
If the DER sends an applicant for a drug and alcohol test and both results are
negative, but the DER did not submit the ‘New Employee Membership Form’
within 14 days of the test, the applicant will have to submit to another drug and
alcohol test.
An applicant who tests positive on a pre-enrollment test, or is otherwise classified
‘Inactive’ from a refusal to test (Section 7.1), shall be denied membership into the
LACC Consortium. Such applicant may re-apply after 12 months and must fulfill
all the conditions specified in the Return-to-Duty provisions of this policy to regain
‘Active’ status. (Section 6.0 & Appendix 3)
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5.2 Random Testing
a) Random test rate of fifty percent (50%):
Fifty percent of the employees shall be subject to drug and alcohol testing on an
unannounced and random basis each calendar year. Random selections will be
performed weekly on different days of the week.
The LACC Board reserves the right to adjust the random test rate. ASAP Drug
Solutions, Inc. is responsible for random selection and notification. Contractors
failing to comply with the LACC random program may jeopardize contracts at
Owner sites.
b) Random Selection Procedure
i) Employees shall be selected for testing by using a computer-based
random number generator that selects employees’ social security numbers
or other appropriate identification numbers.
ii) Employees remain in the random selection pool at all times, regardless of
previous selection for testing. Each employee will have an equal chance
of being selected for testing. Random selection makes it possible for
some employees to be tested several times a year, and others not to be
tested for several years.
c) Notification of Employees
i) Upon receipt of the random selection list the DER shall have 72 hours to
notify employees of their selection.
ii) Employees are subject to testing just prior to, during, or just after the
performance of safety sensitive functions.
iii) After being notified, employees must report to a test collection site
immediately. Any employee to be tested on an Owner’s property shall be
accompanied to the collection site by a Contractor supervisor or designee.
Any employee who fails to submit to the testing within 72-hours shall be designated
‘Inactive-Retest’. A verified negative pre-access test is required before the
employee regains ‘Active’ status. Such a pre-access test shall not be used to fulfill
the 50% random test rate requirement.
An employee who tests positive on a random test, or is otherwise classified
‘Inactive’ from a refusal to test (Section 7.1), shall be ineligible for entry onto
Owner sites for three (3) months and must fulfill all the conditions specified in the
Return-to-Duty provisions of this policy to regain ‘Active’ status. (Section 6.0 &
Appendix 3)
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5.3 Pre-Access Testing
An employee with an ‘Inactive-Retest’ status must test negative on a Pre-Access test
prior to entering participating Owners’ facilities. Upon submitting to this test, the
employee’s status becomes ‘Inactive-Pending’ and he/she may not enter
participating Owner facilities pending test results, unless an Owner specifies
otherwise.
An employee who tests positive on a pre-access test, or is otherwise classified
‘Inactive’ from a refusal to test (Section 7.1), shall be ineligible for entry onto
Owner sites for three (3) months and must fulfill all the conditions specified in the
Return-to-Duty provisions of this policy to regain ‘Active’ status (Section 6.0 &
Appendix 3).
5.4 MTR Testing (‘Missed Three Randoms’ Testing)
An MTR test is required for any employee who has missed a third consecutive
random test. Such an employee is designated ‘Inactive-Retest-MTR’ and is no
longer eligible for entry onto Owner sites until a MTR test has been performed and
a verified negative test result is reported.
Within 48 hours of the receipt of the MTR list, the DER shall notify each employee
of the need to test. Any employee who has been notified of the need to test must
report to the collection site immediately. Failure to submit to the testing within the
48-hour period will result in the employee being designated ‘Inactive-MTR’. The
DER shall provide ASAP Drug Solutions, Inc. with a written explanation for any
employee’s failure to test. If lack of notification is the reason for the failure to test,
the DER must ask the employee to submit to immediate collection. The employee’s
status remains ‘Inactive-MTR’ until a verified negative MTR test result is reported.
After testing negative on a MTR test, an employee will not be required to take
another MTR test until he/she has missed another three consecutive random tests.
An employee who tests positive on a MTR test, or is otherwise classified ‘Inactive’
from a refusal to test (Section 7.1), shall be ineligible for entry onto Owner sites for
two (2) years and must fulfill all the conditions, as specified in the Return-to-Duty
provisions (Section 6.0 & Appendix 3) of this policy to regain ‘Active’ status. The
two (2) year exclusion period may be reduced by the LACC Board, on a case-by-
case basis upon review of individual circumstances.
48 hours after the MTR list has been issued, the DER will be provided a list of all
employees who did not show for testing and is required to provide an explanation
for each failure to test within five (5) days. (See Appendix 11)
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The DER explanation for the employees’ failure to test shall be made available to
the LACC Board. Requests for additional information and/or a compliance action
plan from the Owner of the Contractor Company or the DER supervisor shall be
provided within 14 days. Failure to comply with the LACC/MTR program may
jeopardize Contractors’ contracts at Owner sites.
Case examples of possible explanations for missing a MTR test and the resulting
employee status are provided below:
1. Employee was notified – refused to test or did not report for collection.
[Employee is designated ‘Inactive’]
2. Employee is/was on vacation, sick or working out of state – employee will be
notified of the need to test upon return. [Employee status remains Inactive-
MTR]
3. Employee is no longer with the company and should not have been in the
company pool – [Employee status remains Inactive-MTR]
4. Employee was not notified. [Employee status remains Inactive-MTR]
5.5 Reasonable Suspicion/For Cause Testing
Reasonable Suspicion/For Cause Testing is meant to identify employees whose
appearance, behavior, speech, or performance suggests probable drug use and/or
alcohol misuse and who therefore, may pose a danger to themselves and others in
the performance of their jobs. Also, a supervisor with a concern triggered by an
incident or series of incidents that causes physical or other damage to the workplace
or results in a decline of efficiency or productivity may require the responsible
employee/s to be tested for probable drug use or alcohol misuse. Supervisors must
decide whether there is reasonable cause to believe an employee is using or has used
a prohibited substance. The decision to test will be based on specific,
contemporaneous, articulable observations of probable drug use and/or alcohol
misuse.
The Contractor employee may be tested at the Owner’s discretion.
The DER or Owner representative must submit this request to test to ASAP Drug
Solutions (via the ASAP website) as soon as the determination to test has been
made. The employee must be escorted to the collection site by a supervisor
immediately, or as soon as possible within two (2) hours plus travel time after the
request to test. After submitting to the test, the employee will have an ‘Inactive-
Pending’ status and may not enter participating Owners’ sites until an ‘Active’
status is obtained.
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If the Contractor employee has not been escorted to the collection site within two
(2) hours plus travel time, after the request to test has been submitted via the ASAP
Drug Solutions website, he/she shall be designated as ‘Inactive’ from a ‘Refusal to
Test.’ The DER must provide ASAP Drug Solutions with written documentation
explaining the reason/s for missed test. Such documentation shall be made
available upon request by the participating Owner’s representative.
Indications of probable use of prohibited substances include, but are not limited to
the following:
a) Observed use of prohibited drugs or alcohol on Owner premises;
b) A pattern of abnormal conduct or erratic behavior such as physical or verbal
altercations with co-workers;
c) Arrest for a substance related offense or illegal substance possession, use, or
trafficking while on Owner property;
d) Specific information of an event or behavior provided or corroborated by a
reliable and credible source;
e) Evidence that an employee has tampered with a previous substance abuse test;
f) Being in or proximity to an area of drug-related paraphernalia, alcoholic
beverages or substances prohibited by the LACC policy;
g) The occurrence of a serious or potentially serious incident that may have been
caused by human error or by breach of established safety, security, or other
operational procedures.
In companies with more than 50 employees, requests for for-cause testing should be
made by two supervisors, the originator of the request and a corroborating
supervisor. At least one of the supervisors must be trained in recognizing the
attributes of drug use and alcohol misuse. The concurrence by both supervisors can
be accomplished by phone. In companies with fewer than 50 employees, one trained
supervisor may make the determination for for-cause testing.
Supervisors making a for-cause determination and request for testing should
proceed as follows:
1. Verify the reasonable cause decision, and if possible, review findings with
another supervisor. Obtain the approval of Contractor management or designee
to proceed with the testing.
2. Isolate and inform the employee.
3. Promptly escort the employee to the collection site for testing.
4. Within 24 hours of the observed behavior or before the results of the tests are
released, whichever occurs first, document the events of the case (Appendix 5 -
Reasonable Cause Documentation forms).
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5. Make arrangements for the employee’s safe transport home following
collection. Based on the reasonable belief that the employee’s ability to operate
a vehicle may be impaired, instruct the employee not to drive.
6. The employee shall be removed from Owner sites pending drug and alcohol test
results. After submitting to testing, the employee will have an ‘Inactive
Pending’ status pending test results.
An employee who tests positive on a reasonable suspicion/for cause test, or is
otherwise classified ‘Inactive’ from a refusal to test (Section 7.1), shall be ineligible
for entry onto Owner sites for two (2) years and must fulfill all the conditions
specified in the Return-to-Duty provisions of this policy to regain ‘Active’ status
(Section 6.0 & Appendix 3).
5.6 Owner/Contractor Initiated (Unit or Wall-to-Wall) Testing
Contractor employees on Owner premises are subject to unannounced en-masse testing for
substances authorized under the policy. Such tests are scheduled at the discretion of the Owner or
Contractor and shall be administered to all members of a specific group on site at the time of
testing. Such groups may include, but are not limited to, all employees on site, or employees
identified by shift, crew, location, craft, contractor, or other defined group.
Upon notification of such testing, employees shall immediately proceed to the designated
collection site or transportation vehicle that will transport them to the collection site. Any
employee in the named group who has entered the Owner’s facility, or started his/her work shift,
and who leaves after being notified or refuses to be tested, shall be reported as a ‘refusal to test’.
Collection and testing protocols of unit or wall-to-wall tests shall be processed as any other test
in the policy. The test, status, and results shall be reported to the designated representative of the
requesting party.
An individual who tests positive on an Owner or Contractor initiated (unit or wall-to-wall) test,
or is otherwise classified ‘Inactive’ from a refusal to test (Section 7.1), shall be ineligible for
entry onto Owner sites for two (2) years and must fulfill all the conditions specified in the
Return-to-Duty provisions of this policy to regain ‘Active’ status (Section 6.0 & Appendix 3).
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©LACC Policy (7
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5.7 Post-Accident/Incident Testing
An employee must submit to post-accident/incident drug and alcohol testing when
his/her actions may have caused or contributed to the event, and where the use of
drugs or alcohol cannot be immediately ruled out as a cause or contributing factor.
Examples may include, but are not limited to the following incidents:
a) The employee is involved either in a work-related accident that results in one or
more recordable injuries, as defined by the Occupational Safety and Health
Administration (OSHA), or an incident that causes damage to the environment
or to property, or both;
b) The employee is involved in an incident (including near misses) in which safety
procedures, laws, rules, or regulations may have been violated;
c) The employee is involved in an accident involving a motor vehicle or other
heavy equipment (for example, cars, trucks, cranes, forklifts.)
After an accident/incident, the Contractor representative shall make the
determination to test. The Contractor employee may also be tested at the refinery
Owner’s discretion.
The DER or Owner representative must submit this request to test to ASAP Drug
Solutions (via the ASAP website) as soon as the determination to test has been
made. The employee must be escorted to the collection site by a supervisor
immediately, or as soon as possible within two (2) hours plus travel time after the
request to test.
After submitting to the test, the employee will have an ‘Inactive-Pending’ status and
may not enter participating Owners’ sites until an ‘Active’ status is obtained.
If the Contractor employee has not been escorted to the collection site within two
(2) hours plus travel time after the request to test has been submitted via the ASAP
Drug Solutions website, he/she shall be designated as ‘Inactive’ due to a ‘Refusal to
Test’. The DER must provide ASAP Drug Solutions, Inc. with a written explanation
for the missed test. Such explanation shall be made available to the Owner’s
representative upon request.
The requirement for substance testing following an accident shall not delay
necessary medical attention for the injury.
Any employee involved in an accident must refrain from alcohol consumption for
eight hours following the accident or until a post-accident alcohol test can be
administered, whichever occurs first.
In the event that the test cannot be conducted in the aforementioned time period
because the individual has been removed from the Owner’s site or is unable to be
transported to the collection site, the DER shall call ASAP Drug Solutions, Inc.
immediately so that a collector can be dispatched promptly for on-site collection.
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If a post-accident/incident test is not performed within 32 hours of the accident, the
DER shall provide ASAP Drug Solutions, Inc. with written documentation
explaining the reason/s for the missed test. Such documentation shall be made
available upon request by the Owner’s representative.
If a required post-accident/incident test was performed by state or local law
enforcement authorities instead of ASAP Drug Solutions, Inc., results may be
obtained and used in accordance with applicable laws.
An employee who tests positive on a post-accident/incident test, or is otherwise
classified ‘Inactive’ from a refusal to test (Section 7.1), shall be ineligible for entry
onto Owner sites for two (2) years and must fulfill all the conditions specified in the
Return-to-Duty provisions of this policy to regain ‘Active’ status (Section 6.0 &
Appendix 3).
5.8 Return-to-Duty Testing
If an employee tests positive or has refused to take a pre-enrollment, pre-access,
reasonable suspicion/for cause, random, MTR, Owner initiated (unit or wall-to-
wall), or post-accident test, he/she shall be ineligible for entry onto Owner sites for a
period determined by the rules governing the corresponding test. Such employees
must fulfill all the conditions specified in the Return-to-Duty provisions of this
policy to regain ‘Active’ status (Section 6.0 & Appendix 3). Upon successful
completion of a rehabilitation program, the employee must sign a Return-to-Duty
agreement issued by ASAP Drug Solutions that sets forth the conditions for return
to duty, including follow-up testing, and aftercare recommendations; and take a
return-to-duty test that must be verified negative by the MRO. The collection for a
return-to-duty test is performed under direct observation.
An individual who tests positive on a pre-enrollment test will not be accepted into
the LACC Consortium as a Contractor employee member and is ineligible to enter
Owner sites. This individual will have a status of ‘Inactive’ and must fulfill all the
conditions specified in the Return-to-Duty provisions of this policy to qualify for
pre-enrollment re-testing. Upon successful completion of a rehabilitation program,
the applicant must sign a Return-to-Duty agreement issued by ASAP Drug
Solutions that sets forth the conditions for return-to-duty, including follow-up
testing, and aftercare recommendations; and take a pre-enrollment test (instead of
a return-to-duty test) that must be verified negative by the MRO.
Any employee who tests positive on a Return-to-Duty test, or is otherwise classified
‘Inactive’ from a refusal to test (Section 7.1), shall not be eligible for ‘Active’ status
for three (3) years and must fulfill all the conditions specified in the Return-to-Duty
provisions of this policy to regain ‘Active’ status (Section 6.0 & Appendix 3).
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©LACC Policy (7
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5.9 Follow-up Testing
An employee who has tested positive on a pre-enrollment, pre-access, reasonable
suspicion/for cause, random, MTR, Owner initiated (unit or wall-to-wall), or post-
accident test, and has subsequently regained an ‘Active’ status, is subject to all tests
required by the LACC Policy, as well as unannounced follow-up testing for a period
of up to five (5) years of cumulative ‘Active’ status after return to duty. The
collection for a return-to-duty test is performed under direct observation.
The number and frequency of such testing shall be determined by the Substance
Abuse Professional (SAP), but shall consist of at least six (6) tests in the first twelve
(12) months following return to duty.
Follow-up testing notification is mailed to the employee at his/her address on file
with ASAP Drug Solutions, Inc. (and the DER of his/her current employer). Any
individual who misses a follow-up test shall be designated ‘Inactive-Retest’ pending
determination of whether the missed test resulted from a ‘refusal to test’ (Section
7.1).
Any employee who is unable to be present for follow-up testing due to a legitimate
reason, such as relocation or being on vacation, may make a request in writing to
ASAP Drug Solutions, Inc. to be suspended from the follow-up program. Upon
approval, the employee’s status becomes ‘Inactive-Retest’, and the individual shall
be ineligible to enter Owner sites. A suspended follow-up program may be resumed
at any time upon written request from the individual.
Any employee who misses three (3) consecutive follow-up tests without prior
authorization from ASAP Drug Solutions, Inc. will be considered a ‘refusal to test’.
An employee who tests positive on a follow-up test, or is otherwise classified
‘Inactive’ from a refusal to test (Section 7.1), shall be ineligible for entry onto
Owner sites for three (3) years and must fulfill all the conditions specified in the
Return-to-Duty provisions of this policy to regain ‘Active’ status (Section 6.0 &
Appendix 3).
5.10 “Other” Tests
When an employee is tested for reasons other than those spelled out in the above
provisions of this policy, ASAP Drug Solutions, Inc. will report the test as ‘Other’.
Such reasons may include testing of an ‘Active’ LACC consortium member who
has been required to take a pre-employment test by a Contractor Company prior to
being hired or a post-accident/incident test in which the authorization form does not
indicate the reason for the test.
In all cases, a test reported as ‘other’ shall have been conducted in accordance with
LACC procedures. Such tests shall be considered valid tests under this policy.
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6.0 CONSEQUENCES OF TESTING POSITIVE OR REFUSING TO TEST –
RETURN-TO-DUTY (REHABILITATION) REQUIREMENTS
Compliance with the LACC Program is a condition of entry onto Owner sites. Any
employee testing positive, or is otherwise classified as ‘Inactive’ from a ‘Refusal to Test’
(Section 7.1), is not eligible for entry onto Owner sites. The individual must fulfill the
conditions specified in this section prior to return to duty.
An individual Owner has the option of instituting a separate policy for the re-entry of
Contractor employees with a prior ‘Inactive’ status who have completed recommended
rehabilitation requirements and have a current ‘Active’ status.
Provisions for Return-to-Duty after Testing Positive or Refusing to Test
To regain status as an ‘Active’ member of the LACC Consortium, an individual must:
A) Have been designated ‘Inactive’ for no less than the minimum exclusion period
specified for the type of test;
AND
B-1) Have been evaluated face-to-face by a substance abuse professional (SAP) and
followed the SAP’s recommendations for drug and/or alcohol misuse assistance
or participation in a rehabilitation program;
B-2) Have successfully completed the required education and/or treatment, as
determined by the MRO and the SAP;
B-3) Have signed a Return-to-Duty agreement that may include recommendations
specified by the SAP for additional treatment, aftercare, or support group services
even after return to duty;
B-4) Have tested negative on the return-to-duty test (for an employee) or pre-
enrollment test (for an applicant);
B-5) Be subject to unannounced follow-up testing for a period of up to five (5)
cumulative ‘Active’ status years; and to all other tests provided for in the LACC
policy;
B-6) Not have tested positive on a drug or alcohol test or ‘refused to test’ after
returning to duty, and complied with all aftercare recommendations.
Employees who self-identify as substance abusers (Section 7.5) shall be designated
‘Inactive-Pending’ and shall not be excluded from Owner sites for any minimum
exclusion period. These individuals may regain ‘Active’ status if they complete
provisions B-1 through B-6 of the return-to-duty process.
(Refer to Appendix 3 for further details on LACC Return to Duty provisions.)
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©LACC Policy (7
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7.0 PROBLEMS IN DRUG TESTING
7.1 Refusal to Test
Any applicant or employee who refuses to test shall be designated ‘Inactive’ and be
ineligible for entry onto Owner sites.
Any of the following shall constitute a ‘refusal to test’:
a. Failure to report for testing, within a reasonable time period after notification,
as determined by the DER after being directed to do so. For pre-access, random
and MTR testing, the employee must report for testing immediately;
b. Failure to remain at the testing site until the testing process is complete;
c. Failure to provide a specimen for any test required under this policy;
d. Failure to permit a directly observed or monitored collection, if required;
e. Failure or declining to take a second test when directed by the DER or
collector;
f. Failure to provide a sufficient amount of urine or breath specimen when
directed, unless it has been determined, through a medical evaluation, that there
was an adequate medical explanation for the failure;
g. Failure to undergo medical examination or evaluation, for the inability to
provide an adequate urine or breath specimen or a claim of a legitimate medical
explanation in a validity testing situation, as directed by the MRO or medical
examiner in the verification process;
h. Failure to cooperate with any part of the testing process (e.g. refusing to empty
pockets when directed, or disrupting the collection process);
i. If the MRO verifies that the test specimen has been adulterated or substituted;
j. Failure to provide a legitimate reason for not reporting for follow-up testing or
missing three (3) consecutive follow-up tests without prior authorization from
the MRO;
k. Failure to provide a legitimate reason for not reporting for MTR testing.
When an employee refuses to participate in the part of the testing process in which
the DER is involved, the DER documents this on the ‘Refusal to Test’ form and
notifies ASAP Drug Solutions, Inc.;
the collector is involved, the collector documents this refusal in the custody and
control form, and notifies the DER and ASAP Drug Solutions, Inc.;
the physician performing the ‘shy bladder’ condition is involved, the physician
notifies the MRO who will notify the DER and ASAP Drug Solutions, Inc.
Notification of refusal should be done immediately by telephone followed by secure
fax.
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©LACC Policy (7
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7.2 Procedures in Insufficient Amount of Urine for a Drug Test
When the applicant or employee provides an insufficient volume of urine (less than
30 ml.) for a single-specimen drug test, ‘shy bladder’ procedures (in accordance
with 49 CFR Part 40 §193) will be initiated by the collection site. The individual
will be asked to drink up to 40 oz. of fluid over a three-hour period. The individual
must remain at the collection site and will be monitored during this waiting time.
Refusing to attempt to provide a new urine specimen or leaving the collection site
before the collection is complete constitutes a refusal to test. If the individual is
unable to provide a sufficient specimen after three (3) hours, the DER shall be
notified and the individual will be asked to obtain, within five (5) working days, an
evaluation from a licensed physician, acceptable to the MRO, for failure to provide
a sufficient specimen. If no valid medical reason is determined for the inability to
provide a sufficient amount of urine, the individual is deemed to have refused to
test.
7.3 Procedures in Inability to Provide Enough Breath to Permit a Valid Alcohol
Test
When the applicant or employee is unable to provide a sufficient breath specimen
after at least two (2) attempts, the DER will be notified. The individual will be
asked to obtain, within five (5) working days, an evaluation from a licensed
physician, with appropriate expertise, concerning his/her inability to provide enough
breath. If no valid medical reason is determined, the individual is deemed to have
refused to test.
7.4 Directly Observed Urine Collections
A directly observed urine collection [in which the observer (witness) is in the
bathroom while the individual urinates] shall be conducted if:
A urine specimen is provided that is out of temperature range.
Action is observed indicating an attempt to tamper with the specimen at the
collection site.
The specimen appears to have been tampered with.
The drug test is a return-to-duty or follow-up test.]
The collector finds an item in the employee’s pockets or wallet which appears
to be brought into the site to contaminate a specimen; or the collector notes
conduct suggesting tampering.
The MRO instructs the DER to send the individual in for an observed
collection.
Declining an observed collection when it is required or permitted is considered a
refusal to test.
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©LACC Policy (7
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7.5 Self-Identification
Employees may ‘self-identify’ as substance abusers. Such identification must be
made prior to being directed to take a test and/or prior to a time when employees
might reasonably believe that they are about to be notified to take a test. When
employees self-identify, employers must notify ASAP Drug Solutions, Inc. in
writing. Self-identification without the consequence of a specified exclusion period
may be exercised only once. Such employees shall be designated ‘Inactive-Pending’
and may regain ‘Active’ status by completing provisions B-1 through B-6 of the
return-to-duty procedures (Section 6.0 and Appendix 3). Employees who self-
identify for a second time will be designated ‘Inactive-Pending’, shall be ineligible
for entry onto Owner sites for three (3) months, and must fulfill all the conditions
specified in the return-to-duty provisions of this policy to regain ‘Active’ status. The
first and second self-identifications shall not be counted as ‘positive tests’ under the
return-to-duty provisions. Employees, who self-identify for the third or subsequent
time will be designated ‘Inactive’, shall be ineligible for entry onto Owner sites for
two (2) years and must fulfill all the conditions specified in the return-to-duty
provisions of this policy to regain ‘Active’ status. The option to self-identify does
not apply to pre-employment, post-accident/incident, return-to-duty, or follow-up
tests; or to any individual who has previously tested positive in the LACC Program
or who has been otherwise classified ‘Inactive’ from a refusal to test (Section 7.1).
7.6 Dilute Specimens
An employee with a reported negative dilute test will be subject to one additional
retest. A positive dilute test result will be considered a positive test. The DER, upon
notification of the ‘dilute’ negative result, will direct the employee to retest. The
employee must immediately proceed to the designated collection site for collection
of a second specimen. A positive test result from this retest, or ‘refusal to test’ will
result in the same return-to-duty requirements governing the original test type. The
second test (recollection), if performed, becomes the test of record for all purposes.
For pre-enrollment testing, the applicant’s status remains ‘Inactive – Not-on-file’
until results of the retest have been verified by the MRO. For all other tests, the
employee’s status remains ‘Active’ based on the initial negative, pending results of
the retest.
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©LACC Policy (7
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7.7 Re-analysis (Retest of the Original Drug Test Specimen)
Request by the Employee: An employee may make a request in writing to the MRO
for a retest of his/her original specimen, within 72 hours of being notified of a
positive drug test or refusal to test because of adulteration or substitution. The retest
is to be performed by a second laboratory selected by the employee from a list
provided by the MRO of at least two other DHHS-certified laboratories. The
employee’s status remains ‘Inactive’ until results of the retest have been reported.
Depending on Contractor Company policy, the employee must pay for the retest.
7.8 Alternative Specimens
Alternative specimens are authorized when an employee has
A legitimate medical explanation for, or a permanent medical condition
resulting in, an inability to provide a urine specimen for drug testing, or a
breath sample for evidential breath testing.
Two consecutive invalid test results for the same reason, with the second test
collected under direct observation.
Hair testing following chain-of-custody procedures is the recommended alternative
specimen.
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©LACC Policy (7
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Rev. 01-01-2013)
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8.0 OTHER LACC PROGRAM PROCEDURES
8.1 Drug or Alcohol Test Not Completed
In the LACC Policy, all tests consist of both an alcohol and a drug test. In the event
that a test or any part of a test is not completed, the employee has 72 hours from the
time of the original test to complete the test. An employee failing to complete the
test within 72 hours must retake both a drug and an alcohol test.
8.2 Multiple Positive Tests within a 48-Hour Period
Regardless of the number of drug and alcohol tests administered to an employee
within a 48-hour period, repeated positives for the same substance will be
considered a single positive. The employee will be designated ‘Inactive’ and will be
ineligible to enter Owners’ sites for the longest exclusion period allowed under the
policy.
8.3 Responsibilities
8.3.1 ASAP Drug Solutions, Inc. as the service agent / C/TPA, has the
responsibility of administering the LACC Drug and Alcohol Program. Its
functions include, but are not limited to:
Operating of the random testing program;
Assisting with all other testing through contracting with collection sites,
laboratories, MROs, and SAPs; and
Providing drug and alcohol test statistics to Owners and Contractor
employers.
8.3.2 Contractor Company – Designated Employer Representative
Participating Contractor companies are responsible for assigning at least one
designated employee representative (DER) to act on behalf of the Contractor
in all matters related to this policy. DERs shall receive annual training from
ASAP Drug Solutions, Inc. and must maintain an active status within the
contractor’s random pool at all times. Any DER or individual who has an
‘Inactive’ status from a positive test or ‘Refusal to Test’ (Section 7.1) may
not serve as a DER and must fulfill all the conditions specified in the Return-
to-Duty provisions of this policy to regain ‘Active’ status (Section 6.0);
including the specified exclusion period. In the event of DER
disqualification, the Contractor must designate a trained replacement.
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DER duties include but are not limited to the following:
1. Implementing and enforcing the LACC Substance Abuse Policy for
the Contractor Company.
2. Educating employees about the LACC Substance Abuse Policy,
providing them with a copy or a summary of the policy, and making
available a copy for review at the Contractor Company.
3. Enrolling new employees and submitting ‘New Employee
Membership Forms’ before the employee is tested.
4. Sending employees for testing with the completed and signed
authorization and appropriate chain-of-custody and alcohol forms.
5. Administration of the weekly random testing and MTR testing within
the times specified in the LACC policy.
6. Receiving test information and instructing the employee to contact the
MRO, if the MRO has determined that an interview is required.
7. Ensuring that employees who have tested positive on a drug test and/or
tested with an alcohol concentration of 0.02 or higher, or refused to be
tested, do not enter or perform work on Owner sites until return-to-
duty provisions have been completed.
8. Coordinating return-to-duty (rehabilitation) and follow-up testing
procedures.
9. Maintaining Contractor pool membership by regularly ‘activating’ and
‘deactivating’ employees.
10. Submitting the ‘Refusal to Test’ forms when an applicant or employee
has ‘refused to test’ (Section 7.1).
11. Ensuring that all company information provided to ASAP Drug
Solutions, Inc. is correct and current.
12. Ensuring that all DERs are in compliance with the annual LACC DER
training requirements.
13. Maintaining confidentiality of the employee records.
14. Ensuring that a secure fax is available for the receipt of confidential
data.
15. Maintaining efficient communication by having e-mail capabilities.
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©LACC Policy (7
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9.0 DRUG AND ALCOHOL TESTING PROCEDURES
Collection site and clinical laboratory personnel shall maintain the confidentiality of drug
testing information and chain-of-custody documentation. They shall also protect the
security and integrity of test specimens. All procedures involved in the collection,
handling, and testing of the specimens shall mirror Federal Mandatory Guidelines (49
C.F.R. Part 40) where applicable, unless otherwise specified in this policy. Such
guidelines provide for collections under direct observation and monitored collections
under certain circumstances. Procedures for alternate specimen collection (hair) shall
conform to laboratory collection guidelines.
9.1 Collection Site
Urine collections and alcohol tests, as well as alternate specimens authorized under
this policy, will be conducted at facilities provided by the Owners, ASAP Drug
Solutions, Inc., or at third party collection sites which have been contracted by
ASAP Drug Solutions, Inc. All urine collections and alcohol testing will be
conducted by trained personnel using Department of Transportation (DOT) protocol
from 49 CFR Part 40 and in accordance with this policy.
9.1.1 The protocol for urine collections shall conform to the single urine specimen
collection protocol (49 CFR Part 40 – September 27, 2011; Subpart E).
Under the LACC policy, however, a single specimen collection will be
performed.
9.1.2 The protocol for alcohol testing shall conform to 49 CFR Part 40 –
September 27, 2011; Subpart L).
9.1.3 The protocol for alternate specimen collections shall conform to the
laboratory collection guidelines.
9.2 Drug Testing Laboratory
9.2.1 Drug testing of urine specimens shall be performed by a laboratory certified
by the Department of Health and Human Services under the DOT
Procedures. (See Appendix 7)
Drug Testing Methodology
Urine specimens - Initial testing (screening) will be performed using the
EMIT immunoassay technique. If the results are negative, no further testing
is required. Confirmatory testing with quantitative analysis using gas
chromatography/mass spectrometry (GC/MS) will be performed on all
specimens screening positive. The laboratory will provide the results to the
Medical Review Officer.
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©LACC Policy (7
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9.2.2 Hair Testing Methodology
Hair specimens - Initial testing (screening) will be performed using tandem
mass spectrometry (MS/MS) in testing, and to utilize GC/MS/MS or
LC/MS/MS immunoassay technique. If the results are negative, no further
testing is required. Confirmatory testing analysis using gas
chromatography/mass spectrometry (GC/MS/MS or LC/MS/MS) will be
performed on all specimens screening positive. The laboratory will provide
the results to the Medical Review Officer.
9.2.3 Retention of Samples
The testing laboratory shall retain a specimen reported positive, adulterated,
substituted, or invalid for a minimum of one year, in accordance with DHHS
requirements.
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10.0 Medical Review Officer and the Verification Process
The Medical Review Officer (MRO) is responsible for reviewing and interpreting all
drug test results; and shall determine whether there is a legitimate medical explanation
for each confirmed positive, adulterated, substituted, or invalid drug test result from the
laboratory.
The MRO will verify a test as positive if there is no legitimate medical explanation for 1.)
a laboratory confirmed positive drug test result at or above the confirmation level as
defined by the LACC Policy (Appendix 2); or 2.) an adulterated, substituted, or invalid
drug test result.
Unless otherwise specified, MRO procedures for verification of test results under the
LACC Policy will mirror Department of Transportation procedures. As such, medical
marijuana will not be accepted as a legitimate medical explanation for a laboratory
reported positive marijuana test result. The MRO will also report a likely job safety risk or
medical disqualification issue that is disclosed during the review of a drug test result, and a
medical (fitness for duty) evaluation by a qualified medical provider will be
recommended.
Multiple prescriptions for controlled substances and/or alcohol use that suggests
substance misuse or dependency, presents a reasonable basis for recommending a
substance abuse professional evaluation.
Verification Procedure and Employee Status
Upon receiving a report from the laboratory indicating a positive or invalid test result, or
that a specimen is adulterated or substituted, the MRO will notify the DER of the need to
contact the donor (employee). Test results will not be discussed with the DER prior to
the MRO verification interview. During the verification process, the employee shall be
designated ‘Inactive-Pending’. Neither the verification process nor the status shall imply
use of illegal drugs.
The DER is responsible for removing the employee from the work-site and having
him/her immediately contact the MRO, using procedures that protect, as much as
possible, the confidentiality of the MRO’s request and interview. If the MRO verifies a
negative result, the employee will be designated ‘Active’ and be able to return to the
work-site. If additional information is needed, the employee’s status remains ‘Inactive-
Pending’ pending final verification by the MRO. If the test is verified as positive, the
employee will be designated ‘Inactive’ and is subject to the Return to Duty provisions of
this policy (Section 6.0 and Appendix 3).
Test results may be verified by the MRO without an interview when:
1. The employee refuses to discuss the test result with the MRO,
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2. More than 72 hours have passed since the DER has contacted and notified the
employee of the need to contact the MRO, or
3. The DER has not been able to contact the employee for five (5) days in spite of
reasonable and documented efforts to do so.
MRO’s Reporting of Test Results
The MRO shall report all test results through ASAP Drug Solutions, Inc., acting as an
intermediary. In addition, the MRO shall report verified positive test results, ‘refusal to
test’ and other non-negative test determinations to both the company DER and ASAP
Drug Solutions, Inc.
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11.0 SUBSTANCE ABUSE PROFESSIONAL
The substance abuse professional (SAP) is a person who evaluates applicants and
employees who have violated the substance abuse policy and makes recommendations
concerning education, treatment, follow-up testing, and aftercare.
A substance abuse professional (SAP) must be one of the following:
A licensed physician;
A licensed or certified psychologist, social worker, or certified employee assistance
professional (EAP); or
A drug and alcohol counselor certified by the National Association of Alcohol and
Drug Abuse Counselors Certification Commission (NAADAC) or the International
Certification Reciprocity Consortium (ICRC).
The SAP must also have knowledge of, and clinical experience in, the diagnosis and
treatment of disorders related to drug and alcohol abuse.
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12.0 RECORDKEEPING PROCEDURES AND RELEASE OF INFORMATION
12.1 Record Retention
Records in hard-copy format
The following records shall be kept for at least five (5) years:
i) Drug test records with a positive test result or ‘refusal to test’ determination.
ii) Alcohol test records with alcohol concentration of 0.02 or higher.
iii) SAP reports and rehabilitation records, if any.
The following records shall be kept for at least one (1) year:
i) Drug test records with a negative test result.
ii) Alcohol test records with alcohol concentration of less than 0.02.
Records in electronic format
Results of all tests shall be stored in electronic format for the duration of the LACC
Program plus 5 years. Records shall be archived in non-rewritable format. The
database remains the property of the LACC Board.
12.2 General Confidentiality Rules
ASAP Drug Solutions, Inc. and the DER shall ensure that all test records remain
confidential and that measures have been established to assure confidentiality during
transmission and storage of test records, and security in electronic databases. The
DER must provide a secure fax number to which confidential test results can be
sent.
Test results of applicants and employees will be disclosed only to the DER of the
Contractor employer under which the individual tested. The status, but not the
individual test results of an employee may be made available to DERs of other
Contractor members of the LACC and to designated Owner representatives for
verification of eligibility to work, according to the provisions of the LACC program.
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Information regarding individual test results or rehabilitation records will be
released only upon the written consent of the individual or, regardless of consent, to
the representative/s of any local, state or federal agency with regulatory authority;
upon request by subpoena; or other legal process such as a court order. The
confidentiality provisions of this section are waived if compelled by legal
proceedings (e.g., grievance, arbitration or other civil or criminal administrative
proceeding, lawsuit, etc.) brought by or on behalf of an individual, involving a
status or the results of a test.
Statistical data of the LACC, which contain no individual identifying information,
as well as anti-drug plans or policies related to drug testing and rehabilitation under
the LACC policy, will be made available to participating Owners for the purpose of
auditing compliance and effectiveness of this policy. Owners, at their discretion,
may make LACC statistical data that do not contain personal identifying
information available to other production plant Owners.
At the request of the Owners, ASAP Drug Solutions, Inc. must immediately transfer
all records pertaining to the LACC Program to any other service agent designated
by the Owners. ASAP Drug Solutions, Inc. is not required to obtain employee
consent for this transfer.
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13.0 EDUCATION AND TRAINING
13.1 Designated Employer Representative (DER) Training
All DERs must receive annual DER Training through ASAP Drug Solutions, Inc.
DER training records (including name, date of training) will be maintained by
ASAP Drug Solutions, Inc. and the contractor, and made available to the Owners
upon request. (Individuals within the company who have “view only” privileges are
not DERs)
13.2 Supervisor Training
Each participating Contractor shall provide supervisor training regarding this policy.
Training of supervisors on the recognition of performance indicators of probable
drug use and the effects and consequences of substance abuse to personal health,
safety and the workplace shall be included. It is required that each Contractor
Company supervisor making reasonable cause determinations, receive at least sixty
(60) minutes of training on the specific, contemporaneous, physical, behavioral and
performance indicators of probable drug use and sixty (60) minutes on alcohol
misuse. Records of supervisors trained (including name, date, instructor, and
training content) must be maintained by the Contractor and made available to the
Owners and/or ASAP Drug Solutions, Inc. personnel responsible for LACC
compliance auditing.
13.3 Employee Training
Upon initial entry to the LACC Consortium, Contractor companies shall review
with each employee this policy and any additional substance abuse policy
requirements of the particular work site and maintain written documentation of the
review. The drug and alcohol testing consent form documents employee receipt of
information regarding the LACC Policy. Contractor employers should also provide
employees with informational material regarding substance use (Appendix 8), and
community service telephone numbers for assistance (Appendix 6).
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14.0 PROGRAM REVIEW, AUDIT, AND OWNERSHIP
This program shall be monitored and is subject to revision at any time by the LACC
Owners’ board of directors. Contractor employers will be provided 30-day advance
notification of revisions to the LACC Policy.
The policies, procedures, and protocols of ASAP Drug Solutions, Inc. and records,
without individual identifying information, are available for confidential audit by
participating Owners, Contractors and their unions. The LACC Policy and drug and
alcohol testing program database remain the property of the LACC Owners. The LACC
Owners’ board of directors reserves the right to select the data management company to
administrate the LACC Policy on behalf of the Owners.
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15.0 COSTS
15.1 Contractor Employer Costs
Contractors will be responsible for the following charges:
Annual data management fee.
Contractors must submit the employer information sheet, company member
agreement, and pay the annual membership fee prior to establishing an
account with ASAP Drug Solutions. If a Contractor cancels membership
before the year is up and then decides to become a member again, a re-
activation/annual processing fee will be charged.
Employee set-up fee.
Specimen collection charge(s).
Drug and alcohol testing.
Direct costs associated with testing which arise from the employer/employee
relationship (e.g., wages, travel expenses, etc.).
Contractors may recover the following costs from the individual depending on the
Contractor Company’s drug and alcohol policy:
Re-analysis of the test specimen for drugs.
Substance abuse professional (SAP) evaluation and rehabilitation program.
Additional examinations or studies by a MRO-approved referral physician to
determine whether a legitimate medical explanation exists for the inability to
provide a breath sample or a urine sample; or test results involving
adulteration or substitution.
Return-to-duty and follow-up testing.
15.2 Employee Costs – Re-analysis and Rehabilitation
Contractor employees will be responsible for costs associated with re-analysis when
conducted at the employee’s request. He/she is also responsible for costs associated
with rehabilitation and provisions of the return-to-duty program. Such costs include
but are not limited to substance abuse professional (SAP) evaluations, rehabilitation
treatment and testing, and return-to-duty/follow-up testing, and aftercare associated
with the return-to-duty agreement. This does not preclude contribution by the
Contractor employer either directly or through employee benefit/medical plans.
16.0 SOCIAL SECURITY VERIFICATION
For safety and security reasons, Contractor employees require social security
verification (SSV) as part of the membership requirements of the LACC Substance
Abuse Program.
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Appendix 1: General Definitions of Terms in Drug and Alcohol Testing
Alcohol Concentration – The alcohol in a volume of breath expressed in terms of grams of
alcohol per 210 liters of breath as indicated by an evidential breath-testing device.
Alcohol Use – The consumption of any beverage, mixture, or preparation, including any
medication containing alcohol.
Alcohol Screening Device (ASD) – This is a testing device for analyzing (screening) a breath or
oral fluid specimen for alcohol.
Breath Alcohol Technician (BAT) – An individual who instructs and assists individuals in the
alcohol testing process and operates an EBT.
Cancelled Test – A drug or alcohol test with a problem identified that cannot or has not been
corrected. A cancelled test is neither a positive nor a negative test.
Chain-of-Custody (refer to Custody and Control Form)
Collection Site – A place designated by the employer where individuals present themselves for
the purpose of providing a urine specimen for a drug test.
Collector – A person who has received training in chain of custody procedures, and who assists
and instructs individuals (donors) at a collection site to obtain a urine specimen (or alternative
specimen) for submission to the laboratory for analysis.
Confirmation (or Confirmatory) Test – In drug testing, this is a second analytical procedure to
identify and quantify the presence of a specific drug or metabolite. In alcohol testing, this is a
second test following a screening test with a result of 0.02 or higher that provides quantitative
data of alcohol concentration.
Custody and Control Form (CCF) – Procedures to account for the integrity of each urine ( or
alternative specimen) specimen by tracking its handling and storage from point of specimen
collection to final disposition of the specimen. With respect to drug testing, these procedures
shall require that an appropriate drug testing custody form (CCF) be used from time of collection
to receipt by the laboratory and that upon receipt by the laboratory, an appropriate laboratory
chain of custody form account(s) for the sample within the laboratory.
Designated Employer Representative (DER) – A company employee authorized by the
employer to administer the company’s drug and alcohol testing program in compliance with the
LACC Policy.
Dilute Specimen – A specimen that is less concentrated than expected for human urine. The
creatinine concentration is greater than 2 mg/dL but less than 20 mg/dL, and the specific gravity
is greater than 1.0010 but less than 1.0030.
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Donor – An employee or job applicant who provides a specimen for drug and alcohol testing.
EBT (or Evidential Breath Testing Device) – This is an alcohol testing device approved by the
National Highway Traffic Safety Administration (NTSA) for the evidential testing of breath at
the 0.02 and 0.16 alcohol concentration range. Alcohol confirmatory tests must be performed
using EBTs.
Initial Drug Test – Refer to screening test.
Invalid Drug Test – The result of a drug test for a urine specimen that cannot be completed due
to problems with the specimen’s condition. The invalid result may be due to prescribed
medicines, unidentified adulterants or other interfering substances; the urine may have abnormal
physical characteristics, or an endogenous substance at an abnormal concentration that prevents a
laboratory from completing or obtaining a valid drug test result.
Mandatory Guidelines – The term refers to the Mandatory Guidelines for Federal Workplace
Drug Testing Programs, published by the Substance Abuse and Mental Health Services
Administration (SAMHSA). These guidelines establish the scientific and technical guidelines for
Federal drug testing programs.
Medical Review Officer (MRO) – A licensed physician who has appropriate training to
interpret and evaluate an individual’s positive test result. The MRO is responsible for receiving
and reviewing laboratory results generated by an employer's drug testing program; and
evaluating medical explanations for drug test results.
Screening Test (or Initial Test) – In drug testing, the test used to differentiate a negative
specimen from one that requires further testing for drugs or drug metabolites. In alcohol testing,
this is an analytic procedure to determine whether an employee may have a prohibited
concentration of alcohol in a saliva or breath specimen.
Specimen – This refers to a biological sample – for example urine, hair, blood, or oral fluid /
saliva – to determine the presence or absence of specified drugs.
Specimen Bottle – As used in urine drug testing, is the bottle that, after being labeled and sealed
in accordance with procedures in 49 CFR Part 40, is used to transmit a urine sample to the
laboratory.
Substance Abuse Professional (SAP) – A licensed physician (Medical Doctor or Doctor of
Osteopathy); or a licensed or certified psychologist, social worker, employee assistance
professional; or an addiction counselor (certified by the National Association of Alcoholism and
Drug Abuse Counselors Certification Commission or by the International Certification
Reciprocity Consortium/Alcohol & Other Drug Abuse). All must have knowledge of and
clinical experience in the diagnosis and treatment of alcohol and controlled substances-related
disorders.
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Substituted Specimen – This is a urine specimen with creatinine and specific gravity values that
are not consistent with human urine.
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Appendix 2: Drug and Alcohol Panel, and Cutoff Concentrations for Initial and
Confirmation Tests
Type of Drug or Metabolite
Initial test (Urine)
[EMIT](ng/mL)
Confirmation test (Urine)
[GC/MS](ng/mL)
Amphetamines:
Amphetamine
Methamphetamine
MDA
MDEA
MDMA
300
250
300
250
250
250
250
Barbiturates
300
100
Benzodiazepines
300
100
Cocaine metabolites
150
100
Cannabinoids (Marijuana)
20
10
Hydrocodone
300
100
Hydromorphone
300
100
Methadone
300
100
Methaqualone
300
200
Opiates:
Codeine
Morphine
6-acetylmorphine (6-AM)
300
10
100
100
10
Oxycodone
100
100
Oxymorphone
100
100
Phencyclidine (PCP)
25
25
Propoxyphene
300
200
Alcohol
.02% (alcohol
screening device
[ASD] or EBT)
.04% (evidential breath testing
device EBT)
A confirmed alcohol concentration of 0.04 or higher is a positive test. The employee must be
immediately removed from Owner sites, prohibited from performing his/her duties, and is
subject to return-to-work (rehabilitation) provisions of the LACC Policy (Section 6.0 and
Appendix 3).
A confirmed alcohol concentration of 0.02 or higher, but lower than 0.04 [0.02-0.039] will
result in the employee being immediately removed from Owner sites and prohibited from
performing his/her duties for a minimum of 24 hours. He/she cannot enter Owner sites until a
subsequent test (pre-access drug and alcohol test) is negative for drugs and documents an
alcohol concentration of less than 0.02.
**The employer must arrange for the employee’s safe transportation home if his/her alcohol
concentration is 0.02 or higher.
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Appendix 2b: Hair Testing: Drug Panel, and Cutoff Concentrations for Initial
and Confirmation Tests
Type of Drug or Metabolite
Screening test (Hair)
(ng/10 mg)
Confirmation test (Hair)
(ng/10 mg)
Amphetamines:
Amphetamine
Methamphetamine
MDMA
MDEA
5
10
Cannabinoids (Marijuana)
2
10
CarboxyTHC
2
10
Cocaine:
Benzoylecgonine
Cocaethylene
Norcocaine
5
10
Opiates:
Codeine
Morphine
6-acetylmorphine (6-AM)
Hydrocodone
Hydromorphone
Oxycodone
2
10
Phencyclidine
3
10
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Appendix 3: Los Angeles Clean Card (LACC) Consortium Return-To-Duty
Provisions
Designated Employer Representative (DER) Responsibilities in Return-to-Duty Procedures:
Step 1. As DER, it is your responsibility to be familiar with each step of the Return-to-Duty
Process.
Step 2. Duplicates of the Return-to-Duty packages provided to your company are in this
section of the LACC Policy. A complete package shall be given to an
Applicant/Employee who receives notification of a verified positive test result or
refusal to test.
If you have any questions concerning this process, please call ASAP Drug Solutions at (562)
624-2720.
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Return-To-Duty Process of the Los Angeles Clean Card (LACC) Consortium
Compliance with the LACC Program is a condition of entry onto Owner sites. Any
individual who has tested positive on a test, or is otherwise classified as ‘Inactive’ as a
result of a ‘Refusal to Test’ (Section 7.1), is not eligible for entry onto Owner sites.
Each Owner will have the option of instituting a separate policy for the re-entry of
Contractor employees with a prior ‘Inactive’ status who have completed rehabilitation
requirements and have a current ‘Active’ status.
Procedures for Return-to-Duty
To regain status as an ‘Active’ member of the LACC Consortium, an individual must:
A) Have been designated ‘Inactive’ for no less than the minimum exclusion period
specified for the type of test;
AND
B-1) Have been evaluated face-to-face by a substance abuse professional (SAP) and
followed the SAP’s recommendations for drug and/or alcohol misuse assistance
or participation in a rehabilitation program;
B-2) Have successfully completed the required education or treatment, as determined
by the SAP;
B-3) Have signed a return-to-duty agreement that may include recommendations
specified by the SAP for additional treatment, aftercare, or support group services
even after return to duty;
B-4) Have tested negative on the return-to-duty test (for an employee) or pre-
enrollment test (for an applicant);
B-5) Be subject to unannounced follow-up testing for a period of up to five (5)
cumulative ‘Active’ status years; and to all other tests provided for in the LACC
policy;
B-6) Not have tested positive on a test, ‘refused to test’, or otherwise violated the
requirements of the policy after returning to duty, and complied with all aftercare
recommendations.
Employees who self-identify as substance abusers (Section 7.5) shall be designated
‘Inactive-Pending’ and shall not be excluded from Owner sites for any specified period.
Such individuals may regain ‘Active’ status by completing provisions B-1 through B-6 of
the return-to-duty procedures.
Payment for rehabilitation will be at the employee’s own expense, unless his/her
employer’s drug policy specifies otherwise (Section 16).
LOS ANGELES CLEAN CARD CONSORTIUM
RETURN-TO-DUTY PROCESS
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RETURN-TO-DUTY/REHABILITATION PROVISIONS SUMMARY
Type of Test or
Breach of Policy
Minimum Exclusion
Period
Rehabilitation Program
Return-to-Duty
Follow-up
Pre-Employment
12 months
1. Completed a face-to-face evaluation by a substance
abuse professional (SAP) and followed the SAP’s
recommendations for misuse assistance or
participation in an approved rehabilitation program.
2. Determined by the SAP to have successfully
completed required education or treatment.
3. Signed a Return-to-Duty Agreement, which may
contain recommendations specified by the SAP for
additional treatment, aftercare, or support group
services even after return to duty.
4. Tested negative on a Return-to-Duty Test
(employee) or Pre-Enrollment Test (applicant).
5. Agreed to unannounced follow-up testing for a
period of up to five cumulative ‘Active’ status
years.
6. Not tested “positive” on any test or ‘refused to test’
after returning to duty and complied with all
aftercare recommendations.
Pre-Access
Three (3) months
Random
Three (3) months
MTR
Two (2) years/
case-by-case
Reasonable
Suspicion/ For Cause
Two (2) years
Post-Accident
Two (2) years
Wall to Wall
Two (2) years
Return-to-Duty
Three (3) years
Follow-up
Three (3) years
Other
Three (3) months
Failure to comply
with return-to-duty
requirements
including any
subsequent positive
test or refusal to test
Three (3) years
Self-identification
(May be exercised
only once)
No exclusion period
and status shall be
‘Inactive-Pending’
not ‘Inactive’
Procedures for Returning to Work
Selecting a Rehabilitation Provider:
In all cases, the provider must contact the substance abuse professional (SAP)
or ASAP Drug Solutions, Inc. prior to initiation of and for coordination of the
rehabilitation plan.
It is the employee’s responsibility to have the provider company contact the
SAP or ASAP to determine eligibility to provide rehabilitation services.
The rehabilitation program must be acceptable to the SAP for the employee to
re-qualify for ‘Active’ status in the LACC.
The cost of rehabilitation will be paid for by the employee.
Completion of Rehabilitation
When the rehabilitation provider has determined that the employee has completed
rehabilitation and is ready to return to the workplace:
The rehabilitation provider will provide the assessment evaluation to the SAP.
The SAP will provide a report to ASAP with recommendations for additional
treatment, aftercare, or support group services, and the follow-up testing program.
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ASAP will provide a return-to-duty agreement detailing the recommendations
for aftercare as recommended by the SAP, and the follow-up testing schedule.
The employee indicates acceptance of the terms of the return-to-duty agreement
by his/her signature, and is eligible to take a return-to-duty test.
The employee must test negative on the return-to-duty test to be designated
‘Active’ and eligible to enter Owner sites.
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Appendix 4a: Summary – Protocol for Urine Collection (Drug Testing)
SINGLE SPECIMEN URINE DRUG SCREEN COLLECTION (Reference 49 CFR Part 40 –
Subpart E – the protocol has been modified for a single specimen collection).
1. Donor identity is to be verified by photo identification (federal, state, local government,
driver’s license or identification issued by the requesting employer), positive identification
by an authorized employer representative or verification by the DER.
2. Drug collection procedure is to be explained to the donor.
3. The donor is directed to remove outer-clothing (e.g., jacket, coat, hat, etc.), to empty and
display contents of pockets, and to leave personal belongings (purse, briefcase, etc.) in a
secure place outside of the bathroom facility. Donor retains his/her wallet.
4. The collector ensures that bluing agent is in the toilet, and there is no water access. The
donor is instructed not to flush the toilet until the specimen is delivered to the collector.
5. The donor is asked to wash his/her hands with no excess water or other adulterants, and to
dry them. (Liquid soap is permitted after the collection is complete.)
6. The donor is to select an individually sealed collection container, break the seal, and provide
a specimen of at least 30 ml. to be handed to the collector. The collector is to wait outside
the restroom door until the donor exits.
7. When the donor hands the urine specimen to the collector, the urine specimen is to remain
in full sight of BOTH the donor and collector until completely sealed in a tamper-proof
specimen bag.
8. In the presence of the donor, the collector checks the specimen for color and odor, signs of
contamination, quality, and temperature. Temperature is to be taken within 4 minutes of the
collection and documented on the Custody and Control Form (CCF).
9. At least 30 mL of the urine is poured from the collection cup into the specimen bottle by the
collector in the presence and full view of the donor. The collector then places a lid on the
specimen bottle and tightens it securely.
10. The collector removes the tamper-evident seal from the CCF, places it securely over the
lid/cap and down the sides, and then dates the seal. The collector verifies with the donor
that the number printed on the seal corresponds to that on the CCF.
11. The donor initials the tamper-evident seal/label, and signs the certification statement on the
CCF. At this time, the donor may wash his/her hands.
12. The collector completes the CCF.
13. The sealed and labeled specimen bottle and CCF are placed in the appropriate pouches of a
laboratory specimen bag which is then sealed and placed in a shipping container that is
securely kept until pick-up by the courier service (within 24 hours).
14. Copy 2 of the CCF is faxed to the MRO and Copy 4 to ASAP Drug Solutions, Inc.
immediately after collection (and not later than 24 hours).
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Appendix 4b: Protocol for Alcohol Testing
Protocol for alcohol testing - Department of Transportation (DOT) procedures. (49 CFR Part 40,
Subpart L)
A) Initial screening tests should be performed using an evidential breath testing device
(EBT) or using an approved alcohol screening device (ASD). Confirmation tests must be
administered using an evidential breath testing device (EBT). All test devices must be
listed on the current National Highway Traffic Safety Administration Standards
(NHTSA) conforming products list.
B) If the initial screening test is 0.02 or higher, a second confirmation test must be
performed. A confirmation test result of 0.04 or higher is a positive test.
C) Before the confirmation test, a waiting period of at least fifteen (15) minutes must be
observed. (The purpose of the waiting period is to ensure that the presence of mouth
alcohol does not lead to an artificially high test result.)
D) The waiting period between the screening and confirmatory test must not exceed thirty
(30) minutes. If more than 30 minutes have passed since the screening test result was
obtained, confirmation test procedures should continue with documentation of the time
elapsed and the reason for the delay in confirmatory testing.
E) The EBT must be calibrated according to the protocol as recommended by the
manufacturer. Written calibration records are to be maintained by the collection site
Owner and will be subject to audit by ASAP Drug Solutions, Inc.
F) The individual (STT or BAT) administering the test must be trained in accordance with
DOT standards. Records of such training will be subject to audit by ASAP Drug
Solutions, Inc.
G) Procedures after performing the alcohol test:
i) If the screening test result is an alcohol concentration of less than 0.02, the STT or
BAT must transmit the ‘negative’ test result to the DER, and may at the same time to
ASAP Drug Solutions, Inc., in a confidential manner.
ii) If the screening test result is an alcohol concentration of 0.02 or higher, the STT or
BAT must direct the employee to take a confirmation test, using an EBT, and
performed by a BAT.
a) If the confirmed result is lower than 0.02, the test is negative.
b) If the confirmed result is 0.02 or higher, the results must be immediately
transmitted to the DER by telephone followed by transmission in writing, or
secure fax. ASAP Drug Solutions, Inc. will be notified by faxed transmission of
the alcohol testing form.
c) An alcohol concentration of 0.02 or higher, but lower than 0.04, requires the
employee’s immediate removal from Owner sites for a minimum of 24 hours and
the employee may not return to safety-sensitive job duties until a subsequent test
yields a result of less than 0.02. Arrangements should be made by the Contractor
Company supervisor for the employee’s safe transportation home.
d) A result of 0.04 alcohol concentration or higher is a positive test and requires the
employee’s immediate removal from Owner sites. The employee is subject to the
return-to-duty (rehabilitation) provisions of the LACC Policy (Section 6.0 and
Appendix 3). Arrangements should be made by the Contractor Company
supervisor for the employee’s safe transportation home.
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Appendix 4c: Summary Protocol for Hair Collection (Alternate Specimen for
Drug Testing)
15. The collector will verify that the pre-printed information on the Custody and Control Form
(CCF) is correct and complete relevant sections on the CCF.
16. The collector grasps and cuts a small lock of hair equal to ½ inch wide by 1-2 strands deep
from the donor.
17. The collector places the sample on the foil and into the SAC.
18. The collector seals the SAC.
19. The donor signs and dates the seal.
20. The donor reads and initials the statement on the SAC.
21. The collector turns to page 2 of the CCF and has the donor read and complete Step 3A. If
the donor refuses to complete Step 3A, the collector will document the refusal on page 1 of
the CCF in Step 4 “Collector Remarks”.
22. The collector places the SAC and Page 1 of the CCF into the collection pouch.
23. The donor initials and dates the top of the pouch.
24. The collector distributes pages 2-5 of the CCF as directed at the bottom of each page. The
donor receives copy 5 of the CCF.
Copy 2 of the CCF is faxed to the MRO and Copy 4 to ASAP Drug Solutions, Inc. immediately
after collection (and not later than 24 hours).
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Appendix 5: Steps for Conducting Reasonable Suspicion/For Cause Evaluations
and Testing
If an employee appears intoxicated or under the influence of drugs or alcohol, take the following
steps:
1) Remove the employee from the work assignment. Treat injuries first.
2) Secure management witness, if possible. If bargaining unit is represented, a steward may be
notified.
3) Observe behavior and look for physical and mental signs of drug abuse.
4) Ask the employee for an explanation of the behavior/signs.
5) Determine if there is the possibility of a medical crisis. When in doubt, call a medic or
ambulance. (Medication reactions and physical illness may mimic signs of impairment and
intoxication.).
6) If there are facts, physical and mental signs, symptoms and a pattern of behavior that would
lead a trained supervisor to reasonably suspect that the condition may be caused by a
prohibited substance, request a SUBSTANCE TEST. The next level supervisor should
authorize the test.
7) Accompany the employee to the drug test collection site. Continue to observe the employee
making sure that he/she is not experiencing any other reactions. Arrange for the employee’s
safe transportation home.
8) DOCUMENT your observations as soon as possible. Be objective, factual and specific.
Have a witness collaborate findings, if possible.
9) Treat the incident discretely and confidentially. Information should be given only on a need-
to-know basis. Implement the program uniformly.
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Appendix 6: Drug Abuse and Alcohol Misuse Information Helplines
(List of resources for help with alcohol and substance abuse problems – updated 12/01/2011)
Alcoholics Anonymous (AA)
or visit the web at http://www.hacoa.org
(562) 989-7697
Al Anon Information Line
or visit the web at http://www.al-anon.org/
(800) 356-9996
Drug-Free Workplace Helpline
or visit the web at http://www.drugfreeworkplace.gov
(800) 967-5752
Marijuana World Services
or visit the web at http://www.marijuana-anonymous.org
(800) 766-6779
National Council on Alcoholism & Drug Dependency
or visit the web at http://www.ncadd.org/
(800) 622-2255
Substance Abuse Information and Treatment Hotline
or visit the web at http://findtreatment.samhsa.gov/
(800) 662-HELP [662-4357]
Check the yellow pages under ‘Drug Abuse’ for organizations in your area.
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Appendix 7: Drug and Alcohol Health and Safety Facts
What is Substance Abuse?
Substance abuse is:
a) chronic, repeated use of alcohol or drugs, associated with intoxication, inability to reduce
consumption, and impairment in social or occupational functioning;
b) use of a drug for other than medical reasons (e.g. mood altering effect);
c) use of a drug in a way other than prescribed (e.g. taking pain medications more frequently or
in higher doses to obtain faster/greater relief).
Drug Abuse – Costs and Safety Facts
Substance abuse is estimated to be responsible for:
More than half a million non-fatal injuries a year.
40% of work-related fatalities and work-related injuries
Use of three to eight times as many sick days
Estimated employer costs in accident/injuries, absenteeism, medical claims, job
turnover, theft, and lost productivity of $36 to $60 billion (US dollars) per year.
GENERAL HEALTH EFFECTS AND SIGNS & SYMPTOMS OF DRUG
INTOXICATION:
A state of intoxication from use of drugs generally results in impaired learning, concentration,
and motor coordination.
STIMULANTS:
Amphetamines (amphetamine/methamphetamine/Ecstasy)
Amphetamines are central nervous system stimulants that speed up the mind and body.
Sleep patterns are disrupted. High doses may lead to a condition resembling
schizophrenia with hallucinations, irrational thoughts and paranoia. With greater use,
there is impairment of mental functions. Intoxication can lead to constriction of blood
vessels resulting in strokes and heart attacks.
Physical effects --Increased heart rate & blood pressure, increased respiration,
perspiration & body temperature, palpitations and irregular heart rhythms, loss of
consciousness or convulsions/seizures.
Behavioral effects—Euphoria, hyper-excitability, inability to concentrate,
restlessness, and aggressiveness.
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MDMA, MDA, and MDEA are “designer drug” amphetamines. These drugs have stimulant as
well as psychedelic effects.
Ecstasy is the street name for both MDMA and MDA. Eve is the street name for MDEA
After ingestion of MDMA, MDA, MDEA, there is an initial amphetamine-like rush that lasts for
20-40 minutes. Stimulant and hallucinogenic properties of MDMA last for 3-6 hours. MDA has
longer effects with day-after sluggishness. When combined with extended physical exertion like
dancing, its use can lead to hyperthermia, dehydration, increased blood pressure, strokes and
heart attacks. Repeated use can lead to lasting neurologic changes in the brain.
Cocaine
Cocaine is a very addictive drug with powerful stimulant effects that are similar to
amphetamines, with a more rapid onset of intense euphoria (‘high’) followed by acute
depression (‘the crash’). Cocaine use results in more hospitalizations than any other illicit
drug. A stroke or heart attack in persons in their twenties would probably be due to
cocaine.
DEPRESSANTS (Alcohol, Benzodiazepines, Barbiturates, Methaqualone):
Depressants/Sedatives (Alcohol, Benzodiazepines, Barbiturates, Methaqualone)
Benzodiazepines are prescribed for stress, anxiety, panic disorders, and muscle spasms
Barbiturates are prescribed for headaches and seizures
Behavioral effects--Confusion, memory impairment, insomnia, tremors, slurred
speech, drowsiness, inattentiveness, fatigue, lethargy, poor coordination, or
staggering gait.
Methaqualone is no longer a drug that is prescribed, and is not a common drug of abuse.
In the 1970s, it was abused because it was considered an aphrodisiac. Use of the drug
causes fatigue, dizziness, and sluggishness. In high doses, the drug can cause seizures and
coma.
MARIJUANA:
Marijuana is the most frequently used drug in the United States. It is a powerful mood
altering drug. Signs and symptoms of use include chronic fatigue, lack of motivation, loss of
concentration and short-term memory, slowed speech, red and watery eyes. Marijuana
contains more carcinogens than cigarette smoke. Chronic smoking causes decrease in lung
function and damage to the lungs.
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OPIATES:
Opiates -- Heroin, Morphine, Codeine, Hydrocodone, Hydromorphone, Oxycodone,
Oxymorphone, Methadone, Propoxyphene
These drugs are also known as narcotics and are used for pain relief. Codeine and
hydromorphone is also used in cough medicines. All opiate medications should be taken
under the direction of a medical provider. These drugs depress the central nervous system
and should not be taken with other drugs, including alcohol, that also depress the central
nervous system.
Since physical and mental performance can be impaired by opiates, attention should be paid
to the use of prescribed opiate-based products when performing safety-sensitive job duties.
All opiates are physically and psychologically addictive and produce withdrawal symptoms
that differ in type and severity.
Ingestion of low to moderate amounts will produce a short-lived feeling of euphoria
followed by a state of physical and mental relaxation that persists for several hours.
Needle users also have a high risk of acquiring HIV and hepatitis.
Physical effects--Constricted pupils, drowsiness, nausea, vomiting, slowed speech,
poor coordination, slow breathing rate, blood spots, track marks & puncture sites on
skin.
Behavioral effects—Mood changes, confusion, depression, or apathy, or stupor.
Note: In November 2010, the US Food and Drug Administration (FDA) required the removal
of all propoxyphene and propoxyphene-containing drugs from the U.S. market.
Phencyclidine (PCP):
PCP can have a depressant, stimulant and hallucinogenic effect.
Physical effects-- muscle rigidity, nystagmus (fine, rapid movement) in the eyes,
rapid or irregular heart rate, elevated blood pressure, and poor coordination.
Behavioral effects--Extreme mood swings (calmness to suspicion, anger, terror),
confusion or agitation, and violent actions.
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WHAT IS ALCOHOL MISUSE?
Alcohol misuse is:
Continued use despite knowledge of alcohol causing actual psychological or physical harm to
the user.
Recurrent use in situations in which alcohol is physically hazardous.
Alcohol Misuse- Costs and Safety Facts:
Accidents/Deaths
50% of the 44,000 deaths on American highways each year.
60% of fatalities on weekend nights.
33% of all homicides and deaths from boating and aviation accidents.
Increased Medical Costs
Up to 40% of general medical hospital admissions. [It is the second most deadly abused drug
(next to smoking).]
20% of the nation’s total expenditure for medical care
Crime
50% of arrests on criminal charges.
ALCOHOL – RECOGNIZING THE DRINKER
Signs of the drinker are:
Smell of alcohol on the breath
Slurred speech
Slow reaction time
Poor coordination
Staggering or loss of balance
Flushed face
Disheveled appearance
However, these recognizable signs may not be accurate indicators of intoxication:
Can be unreliable in those with high/low tolerance for alcohol.
Medical conditions may cause symptoms of being under the influence of alcohol, e.g.
diabetics in ‘crisis.’
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CHRONIC EFFECTS OF ALCOHOL
Chronic abuse of alcohol affects almost every organ system:
Brain: Impaired memory and ability to process information, seizures, brain degeneration
Nervous System: Peripheral nerve degeneration (pain, weakness and loss of position sense)
Heart: Enlarged heart that does not contract normally (cardiomyopathy)
Liver disease and liver failure
Gastrointestinal Tract: Gastritis, ulcers with bleeding, malabsorption of nutrients,
pancreatitis, varicose veins of the esophagus
Muscle disorders (myopathy)
Immune system: Decreased ability to fight infection
Pregnant women: Fetal alcohol syndrome (poor physical and mental development of the
fetus)
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Appendix 8: Prohibitions on Synthetic Drugs ( also known as K2, Spice, Bath Salts, etc.)
SYNTHETIC DRUGS
Contractor employees are prohibited from engaging in the unlawful manufacture, distribution,
dispensing, possession, or use of prohibited substances, including synthetic drugs, while on Owner
premises, or while on duty.
The use of synthetic drugs, including, but not limited to, synthetic marijuana and “bath salts”
(synthetic cathinones,) even if purchased as an over the counter medication without a prescription, is
prohibited under this Policy:
Synthetic marijuana (often known as “K2” or “Spice”) and bath salts products are often sold in legal
retail outlets as “herbal incense” and “plant food,” respectively, and labeled “not for human
consumption.”
Drug tests now include assays to identify compounds found in synthetic marijuana and bath salts.
Any employee who tests positive on a test for synthetic substances, is not eligible for entry onto
Owner sites and must fulfill all the conditions specified in the Return-to-Duty provisions of this
policy to regain ‘Active’ status (Section 6.0 & Appendix 3).
Spice (also known as Synthetic Marijuana)
“Spice” is a generic name for a wide variety of dried, shredded plant materials coated with chemical
additives that produce psychoactive (mind-altering) effects similar to marijuana. It is a designer drug.
K2 is the most common name, but it is also sold under many other names, including fake weed,
Yucatan Fire, Skunk, Moon Rocks, and others.
K2/Spice is sold as incense, potpourri, or herbal smoking blends, online or in smoke shops, and labeled "not for
human consumption." It is often sold in three gram bags, and the spiked herbal mixtures can come in fruit flavors
including strawberry, watermelon, cotton candy, and pineapple.
Like marijuana, K2/Spice is either smoked alone, or rolled into a joint with tobacco or natural
marijuana. Synthetic pot may also be baked into foods, such as brownies, or made into tea.
The Drug Enforcement Administration (DEA) has designated five synthetic cannabinoids as
Schedule I controlled substances, making it illegal to sell, buy, or possess them. However, new
compounds continue to be created.
The active chemical additives in Spice are synthetic marijuana-like compounds and the full extent of
toxicity to humans is not known. Some synthesized compounds have been noted to be much more
potent than marijuana. In addition, as with many illicit designer drugs, the chemical composition may
be unknown and some products may contain other toxic chemicals.
Spice produces effects similar to that of marijuana—elevated mood, relaxation, and altered
perception. Other effects include rapid heart rate, severely increased high blood pressure, vomiting,
extreme anxiety, agitation, paranoia, and hallucinations. Spice has also caused “couchlock” or the
inability to move, numbness of the body, seizures and heart attacks.
The difference in effects that are experienced is because of the unknown mixture of the compounds
sold as K2 and Spice.
Regular users may experience withdrawal and addiction symptoms.
Bath salts is the “street name’ for a family of designer drugs often containing substituted cathionines,
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(manmade chemicals related to amphetamines). The white crystals resemble bathing products like
Epsom salts.
The DEA has designated some of the synthetic substances used to manufacture bath salts as Schedule
I substances, making it illegal to sell, buy, or possess them.
Bath salts can be swallowed, snorted, smoked, or injected
Bath salt use results in effects similar to that of cocaine, LSD and methamphetamine. Bath salt use is
associated with increased heart rate and blood pressure, extreme paranoia, hallucinations, and violent
behavior.
