I.
AUTHORITY:
The Board of Correction is vested with the authority to
promulgate Administrative Regulations by Act 50 of 1968, First Extraordinary
Session, as amended.
II.
PURPOSE:
To establish the policy on drug testing for specified employees
of the Department of Correction and testing of applicants for
employment.
III.
APPLICABILITY:
To the Director, Warden/Center Supervisors/Administrators, any
employee involved in the process of drug testing, all employees currently
employed by the Department of Correction, and all applicants for
employment.
IV.
DEFINITIONS:
A.
Specified Employees: Employees whose job duties may
require the use of a firearm; who are in contact with the general inmate
population; or employees who would pose a direct threat to the health or safety
of themselves or others or to the safety and security of departmental
operations if their general functioning was impaired. This may include
contracted employees.
B.
Reasonable Suspicion: Exists if specific objective
facts and circumstances warrant rational inferences that a person is using or
is under the influence of controlled substance. Reasonable suspicion may be
based upon, among other matters:
1. Observable
phenomena, such as direct observation of use and/or the physical symptoms of
using or being under the influence of controlled substance such as, but not
limited to, slurred speech, direct involvement in a serious accident and/or
disorientation;
2. A pattern of
abnormal conduct or erratic behavior; or
3. Information provided either by reliable
and credible sources or which is independently corroborated.
Drug testing of specified employees based on reasonable suspicion
shall be requested at the discretion of the Unit Warden/Center
Supervisor/Administrator.
C.
Serious Accident:
While the employee is on duty, an accident that occurs which results in death,
bodily injury, or serious property damage.
D.
Controlled
Substance: Mind-altering and/or addictive substance(s) included
under the provisions of the United States Government's Controlled Substances
Act of 1970, as amended. Examples include but are not limited to:
1. Opiates
2. Cocaine
3. Cannabinoids (i.e. marijuana,
hashish)
4. Amphetamines
5. Barbiturates
6. Narcotics and hallucinogens (i.e.
phencyclidine (PCP), Methaqualone (quaalude), peyote, LSD)
7. Benzodiazepines (i.e. Valium, Librium)
Also encompassed by this definition are substances not sold as
drugs or medicines but which are used for mind-behavior-altering effect.
E.
Illegal/Unlawful Drug Use: Any use of narcotics or
controlled substances not prescribed by a physician or any other medications
that may interfere with one's performance of duty; refers both to the use of
unlawful drugs such as cocaine and the unlawful use' of prescription
drugs.
F.
Under The
Influence: Any detectable level of a controlled substance in a
urine specimen that results in a positive reading.
G.
Rehabilitation
Program: Refers to both in-patient and out-patient programs as
well as Employee Assistance Programs and professionally required self-help
programs.
V.
POLICY:
It shall be the policy of the Board of Correction that a drug
testing program be established for the testing of applicants and for the
testing of specified employees of whom there is reasonable suspicion that the
employee is under the influence of, or using, illegal and/or unlawful
controlled substances.
VI.
PROCEDURE:
A. Americans with Disabilities Act
The Americans with Disabilities Act provides that an individual
currently engaging in the illegal/unlawful use of drugs is not an individual
with a disability when the employer or other covered entity acts on the basis
of such use.
Individuals who are no longer illegally using drugs and who have
either been rehabilitated successfully or are in the process of completing a
rehabilitation program are considered individuals with a disability.
1. The Department of Correction is entitled
to seek reasonable assurances that no illegal use of drugs is occurring or has
occurred recently enough so that continuing use is a real and ongoing
problem.
2. Applicants or employees
may be asked to provide evidence that the individual is participating in a drug
treatment program (i.e. drug test results).
B. Applicant Testing
1. Applicants who have been conditionally
recommended for employment shall be required to provide a urine sample as part
of the background investigation.
2.
When employment testing is being administered by Central Personnel or
unit/center designee, all applicants shall be notified of the Department's drug
testing requirements and that they will be denied employment if test results
are positive for illegal drug usage or if they refuse to provide a urine
specimen or attempt to tamper with or adulterate the specimen.
At the request and expense of the applicant, a confirmation test
of the positive preliminary result may occur.
3. If the applicant refuses to sign the
consent form (F-202-1), the refusal shall be documented and the applicant shall
be advised that he or she cannot be considered for employment for a twelve
month period. Application may be resubmitted after this time.
4. All applicants shall be interviewed
regarding present drug usage and shall be requested at the time of the test to
complete a form listing prescription and over-the-counter drugs currently being
used.
5. Each person being tested
shall be required to produce acceptable verification of his or her
identity.
B. Employee
Testing
1. If any employee is required to take
medicine or narcotics prescribed by a physician, the warden/center
supervisor/administrator must be notified.
2. Specified employees for which it is
determined reasonable suspicion exists shall be tested for unauthorized drug
use.
3 . The testing procedure
itself includes a preliminary test which, if positive, is followed by a
confirmation test.
4. If a positive
result occurs in an employee's specimen and as a result of an investigation
and/or hearing, just cause is established, disciplinary action shall be
imposed. Pursuant to the Administrative Regulation governing Employee Conduct
Standards, disciplinary action up to and including termination may occur.
The Department fully supports the Employee Assistance Program and
encourages employees to seek the confidential services of the assistance
program.
5. If the
preliminary test is positive, the employee will be notified, and a confirmation
test conducted by another laboratory approved by the Department will occur.
Also, the employee will be given, the opportunity to present evidence and/or
information that the positive test resulted from prescribed or over-the-counter
drugs, or that special circumstance may have affected the test results. The
employee will be required to sign a release of information form in the event
that a physician must be contacted for clarification or verification.
6. Refusal to provide a specimen, attempts to
tamper or adulterate the specimen or positive results which cannot be
justified, will result in the employee being placed on leave pending the
results of the test and/or a disciplinary hearing.
C. . General Procedures
1. Employees shall be provided with a copy of
this Administrative Regulation and are required to sign the form (F-202-2)
acknowledging they have received a copy of the regulation and that they support
the department's drug free workplace program.
2. Chain of custody documentation for each
specimen shall be maintained from collection to analysis to
destruction.
3. Records concerning
test results of the employee will be maintained confidentially in a specified,
secure location.
4. Confirmed
positive urine samples shall be retained until the confirmation tests are
complete.
5. The Training Academy
shall include in its curriculum a course for all new officers enrolled in Basic
Correctional Officers Training on the effects, consequences and indications of
controlled substances.
The Training Academy will coordinate the disbursement of any
updated materials on substance abuse to correctional supervisors and provide a
record of distribution.
D. Testing Procedures
Testing procedures to include but not limited to collection kits,
type of test required, collection of urine specimens and documentation of tests
will be addressed in an Administrative Directive on Employee Drug
Testing.
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Board of Correction Approval Date: 7/30/93
Attorney General Review Date: 7/30/93
Date Filed Secy, of State: 7/30/93
