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SUBSTANCE ABUSE TESTING PROGRAM
<br />L POLICY VEATEMENT
<br />All signatory Employers to this Agreement and the Union have a commitment to protect
<br />people and property, and to provide n safe working environment- The purpose of the
<br />following program is to establish and maintain a drug free, alcohol free, safe, healthy
<br />work onviroriment for all orits employees covered by this Agreement,
<br />IT. DEFINITIONS
<br />A. Accident —Any event resulting in injury la a person or property to which an
<br />employee contributed as a direct or indirect cause.
<br />It Accredited Laboratory — A laboratory certified by the Substance Abuse and Menial
<br />Health Sen•ices Administration (SAMHSA) for testing of Prohibitive Items &
<br />Substances.
<br />C, Adulteration —To degrade a test sample by substilulion or addition of other
<br />ingredients in an effort to mask die presence of unauthorized drugs. An adullemled
<br />test shall be considered a positive lest.
<br />D. Diluted Sample— Urine samples which the laboratory reports as unacceptable widh
<br />regards to measured levels of crealinine or specific gravity will be considered diluted
<br />samples. The employee shall be required to provide another urine sample for lesting.
<br />E. Employees — All individuals who are covered by this Agreement, provided that
<br />individuals referred far employment by the Union under the hiring provisions of the
<br />Agreement ore considered "Applicants" until They are hired and put to work by the
<br />Empluq•er.
<br />F. "5-panel US DOT' Approved Test —Describes a laboratory test conducted by a
<br />SAMHSA certified laboratory for the presence of one or more of the five drugs or
<br />c€asscs of drugs described under the definition of" pmhtb€led items and/or
<br />substances" and listed in Seerlon IV.Lb. of the ICI SAT Program.
<br />O. Incident— An event which has all the attributes of an accident, except that no hams
<br />was caused to person or property.
<br />H. 'Wer ical Review Officer (MRO)-' --The MRO is a licensed physician who has
<br />knowledge of substance abuse disorders and the appropriate medical training to
<br />interpret and evaluate positive substance abuse test results together with the
<br />individual's medical history end any otherrelevanl biomedical information. The
<br />MRO is the individual responsible for receiving laboratory results.
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<br />individual's breath specimen in accordance with federal standards; most often a
<br />specimen analyzed by a breathalyzer listed on the US DOT's Conforming Products
<br />List.
<br />111. CONF€DENTIALITI'
<br />A. All parties to this program should encourage any employee with a substance abuse
<br />problem to accept assistance in dealing with the problem All parties will take the
<br />necessary actions to assure the problem is handled in a confidential manner.
<br />B. When a lest is required, die specimen will be identified by a codenumber associated
<br />Milli a Chain of Custody Farm to insure confrdemiality of the employee. The
<br />employee must witness this procedure.
<br />C. Results will be reported to the Employer and the Union by the MRO.
<br />IV. RULES -DISCIPLINARY ACTIONS —GRIEVANCE PROCEDURES
<br />A. RULES — All employees must report to work in a physical condition that will enable
<br />them to perform theirjobs in a safe and efficient manner. Employees shall not:
<br />1. Use, possess, dispense or receive prohibited substances on oral thejab site, or
<br />during working hours.
<br />2. Report to work with above the measurable amount ofthe following prohibited
<br />substances in their system
<br />DRUG OR METABOLITE
<br />INITIAL TEST
<br />CONFIRMATION TEST
<br />DETECTED
<br />(GC/MS)
<br />Amplwlarnine
<br />1,00a nglml
<br />500 flyml
<br />(includes Afelhamplicumane)
<br />Cmnabinoid
<br />50 ng/ml
<br />15 ng/m1
<br />(Marijuana, Hashish)
<br />Cocaine
<br />300 nglnd
<br />150 nglml
<br />Opiate: Morphine, Codeine
<br />2,0V€s nEVml
<br />2,000 ngrnd
<br />Phencyclidine (PCP)
<br />25 nwml
<br />25 nglmi
<br />Ethanol (Alcohol)
<br />.Ud% wlvol
<br />.04 wlvol
<br />(enzyme assay)
<br />((iC1FD)
<br />1. Not Suitable for Testing -- A urine sample that the Medical Review Officer (MRO)
<br />dercrmines as not meeting the requirements For a valid test. After consultation with
<br />Ume employee, a retest may be required.
<br />F. Premises— All conslmctionjob sites for which the Employer has responsibility This
<br />includes all job areas, offices, facilities, land, buildings, structures, and all company
<br />vehicles used in the Performance of covered work.
<br />R. Probable Cause — Probable cause shall be defined as observable abnormal or erratic
<br />behavior such as noticeable imbalance, incoherence, and disorientation.
<br />L. Prohibited Items and/or Substances — Prohibited substances include illegal drugs
<br />(including controlled substances, look alike drags and designer drugs), prescription
<br />drugs used by one for whom they were not prescribed, drug paraphernalia in the
<br />personal possession of or being used by an employee on the promises, Also
<br />prohibited are alcoholic beverages being consumed by an employee on the premises.
<br />M. Random Test — An unannounced test pursuant 10 an objective method for selection.
<br />Cost of strah testing will be, paid for by the Indiana Constructors, Inc. Substance
<br />Abuse Testing Program (ICI SAT Program).
<br />N. Rehabilitation Program — An Employer approved confidential counseling service,
<br />designed to help employoes resolve problems that involve alcohol or drug abuse,
<br />staffed by certifted and eredenlided human services professionals.
<br />Q. Reinstatement — Refers ro the requirements that a person who tested positive for
<br />prohibited items end/orsubsiances under the ICI SAT Program must satisfy before he
<br />is eligible to return to work.
<br />P. Retest — A second separate test necessitated by an adulterated or intentionally diluted
<br />sample or a lest considered not suitable for testing. A retest alai is considered as an
<br />adulterated or a diluted sample (whether diluted imersiionally or unintentionally), or
<br />as a lest not suitable for testing shall be considered a positive test Costs of relenting
<br />necessitated by an unintentionally diluted and/or a test considered not suitable for
<br />testing will be paid for by the ICI SAT Program Casts of retesting an adulterated or
<br />intentionally diluted sample will be paid for by The individual.
<br />Q. Substance Abuse Professional(SAP) — A SAP is a licensed physician or a licensed or
<br />certified psychologist, social worker, employee assistance professional, or addiction
<br />counselor (certified by the National Association of Alcoholism and Drug Abuse
<br />Counselors Certification Commission) with knowledge of and clinical experience in
<br />the diagnosis and treatment o€disorders relating to alcohol and dmg ab€me-
<br />R. Test —Is dcfincd as she collection of an individual's urine specimen and the
<br />subsequent 5-panel US DOT analysis of tlml specimen, in accordance vvitm federal
<br />standards. For alcohol, a test is defined as the collection and analysis of an
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<br />New drugs may be added as they are determined to be illegal or considered to be prohibited
<br />items and/or substances by mutual agreement.
<br />B. DISCIPLINE— When the Employer has probable causeto believe an employee is
<br />under the influence of a prohibiled substance, Far reason 017900t3l, the employee may
<br />be suspended until test results are available. Woe, test resoles are received after three
<br />(3) working days, the employee, if available, $hail be relumed to work with back pay
<br />subject to the lest results.
<br />If the test results prove negative, the employee shall be returned to work vvith back
<br />pay. In ate other eases:
<br />1. Applicants testing positive for drug use will not he hired
<br />2_ Employees who refuse to cooperate willt testing procedures coil€ be subject to
<br />immediate lemumatica . Ran individual does not provide a suitable specimen
<br />within two. hours (2 boors), it will be considered a refusal and treated as a positive
<br />test result and the individual will be subject to immediate termination.
<br />3. Employees found to be in the possession of prohibiled items and/or substances
<br />%sit[ be terminated.
<br />d. Employees found selling or distributing prohibited items and/or substances will be
<br />terminated. Employees who lest above the measured amount of prohibited items
<br />and/or substances as provided for in IV. Lb. while on duty, or while operating a
<br />company vehicle, will be subject to termination.
<br />5, First Positive Test Result The provisions below apply to an employee who is
<br />tested pursuant to this policy and who receives a positive test result
<br />a Consequence far First Positive Test Result: The employee is subject to
<br />immediate termination, upon notice to the Employer by the MRO, of the
<br />positivetest result.
<br />b. Reinstatement: Employee is not eligible for work until he has taken, at his
<br />own expense, a" 5-panel US DOT' approved lest, at an approved clinic and
<br />the results of this lest have been analyzed by a SAMHSA certified laboratory
<br />and the lest results must have been reviewed by an MRO and cenified as
<br />being negative for the prohibited items and/or substances listed in IV.Lb. and
<br />the ICI SAT Program Union and Employer have received thecertified
<br />negative test results.
<br />c. Sporadic Teslingor Reinstated Employees: Areiris€aledenlployee,who has
<br />previously tested positive, is subject to unscheduled sporadic resting for one
<br />year from the dale orreinslatement. Cost ofsuch testing will be paid far by
<br />the ICI SAT Program,
<br />6. Second Positive Tesl Result: The provisions below apply to an employee who
<br />has previously tested positive, and tests positive n second lime pursuant to such
<br />random testing, sporadic testing or any other testing underthis policy:
<br />a Consequence for Second Positive Test Result: The employee is subject to
<br />immediate termination, upon notice to the Employer by the MRO, of the
<br />positive test result.
<br />b. Reinstatement: Employee is not eligible forwork until Ire has, at his own
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