I.
AUTHORITY:
The Board of Correction and Community Punishment is vested with
the authority to promulgate Administrative Regulations by Act 50 of 1963, First
Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular Session
(Ark. Code Ann.
16-93-1203
and
12-27-105
of 1993).
II.
PURPOSE:
To establish the policy on drug testing for specified employees
of the Department of Correction/Community Punishment and testing of applicants
conditionally offered, employment.
III.
APPLICABILITY:
To the Director, Deputy, Assistant Director, Warden/Center
Supervisors/Administrators, any employee involved in the process of drug
testing, all employees currently employed by the Department of
Correction/Community Punishment, and all applicants conditionally offered
employment.
IV.
DEFINITIONS:
A.
Specified Employees: Employees whose job duties may
require the use of a firearm; who are in contact with the general offender
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, and/or disorientation;
2. Information that an employee has caused or
contributed to a serious accident while on duty;
3. A pattern of abnormal conduct, erratic
behavior, or deterioration in work performance; or
4. Information of drug use provided by
reliable and credible sources and which has been independently corroborated and
documented.
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/Abuse of Drugs: Any use of narcotics or
controlled substances not prescribed by a physician or abuse of legal drugs
that may interfere with one's performance of duty.
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.
H.
Offenders: Persons sentenced to the Department of
Correction, persons sentenced to the Department of Correction for judicial
transfer to the Department of Community Punishment or persons confined in a
community punishment center as a condition of probation/ suspended imposition
of sentence, or post prison transfer.
V.
POLICY:
It shall be the policy of the Board of Correction and Community
Punishment that a drug testing program be established for the testing of
applicants conditionally offered employment and for the testing of specified
employees of whom there is reasonable suspicion that the employee is under the
influence of, or using, illegal or controlled substances and/or abusing legal
drugs.
VI. PROCEDURE:
A. Americans with Disabilities Act
The Americans with Disabilities Act provides that an individual
currently engaging in the illegal 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 engaging in the illegal use of
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/Community Punishment 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. Testing of Individuals Conditionally
Offered Employment
1. Individuals 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 individuals
shall be notified of the Department's drug testing requirements and that the
conditional offer of employment will be withdrawn 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 individual, a confirmation test
of the positive preliminary result may occur.
3. If the individual refuses to sign the
consent form (F-202-1 or F-3.2-1), the refusal shall be documented and that
person 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 conditional hires
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.
C.
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 and documented 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, a hearing will be
conducted. Depending on the outcome of the hearing, 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 Referral
Program and encourages employees to seek this confidential service.
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.
D. General Procedures
1. Employees shall be provided with a copy of
this . Administrative Regulation and are required to sign the form (F-202-2 OR
F-3.2-2) 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 stamped "Confidential," sealed in a
envelope marked "Confidential" and mailed to-Central Office Personnel for
secure maintenance in the employee's personnel file.
4. Confirmed positive urine samples shall be
retained until the confirmation tests are complete.
5. The Training staff 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 Staff will coordinate the disbursement of any
updated materials on substance abuse to correctional supervisors and provide a
record of distribution.
E. 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 Approval Date: 2/17/94
Reference: AD 93:25
Effective Date: 3/10/94
Supersedes: DCP 3.2 EMERG. DOC 20 2
Dated: 1/19/94 7/30/93
