True or False?

1
True or False?

• White collar workers have fewer drug problems
  than blue collar workers.
• Marijuana leaves the body with 28 days of smoking
  it.
• Alcoholics drink every day.
• Its safe to experiment with ice for a few
  months.
• Hawaii consumes more beer per person than any
  other state in the nation.

2
The ALCOHOL And DRUG TESTING (DAT) Program
Leeward Community College

• Mandatory Presentation to College Employees
  of HGEA Bargaining Units 02, 03, and 04
  March 1, 2007, GT-105

3
Announcements

• This presentation is an example of preaching to
  the choir.
• The program to be presented is NOT about Random
  Drug Testing.

4
Purpose

• Keep the workplace free from the hazards of
  alcohol and controlled substance use.
• Promote employee performance of duty in a safe
  and productive manner.
• Provide due process for employees subject to
• Drug and alcohol testing, and
• Disciplinary actions that may result.

5
Source Documents

• Memorandum of Agreement (MOA)
• February 14, 2003
• Hawaii Government Employees Association (HGEA)
• Hawaii State Government County Governments
• New collective bargaining provision
• Bargaining units (BU) 02, 03, 04, 09, and 13
• Executive Order 03-10
• October 24, 2003
• Excluded employees of BU 02, 03, 04, 09, and 13

6
Definitions

• ALCOHOL An intoxicating agent in beverage
  alcohol, ethyl alcohol, or other low molecular
  weight including methyl alcohol and isopropyl
  alcohol.
• CONTROLLED SUBSTANCE (DRUG) Substance other
  than alcohol such as marijuana, cocaine, opiates,
  amphetamines, and phencyclidine. Other
  substances under the Controlled Substance Act may
  be added after consultation and mutual agreement
  with Union.

7
DAT Categories of Employees

• Reasonable Suspicion All Employees
• Post-Accident Regular Drivers
• Random Health, Safety, or Public Trust (HSPT)
  
• Employees
• Pre-Duty Employees Applying For HSPT TA
• Probationary Initial/New HSPT Employees
• Return to Work Employees Who Test Positive
• Follow-Up Employees Continuing Rehabilitation
• After A Negative Return to Work Test
• Deputy Sheriffs and Conservation Resource
  Enforcement Officers Only

8
Categories of LCC Employees

• Reasonable Suspicion All Employees
• Return to Work For Employees Who Have Tested
  Positive
• Follow-Up Employees Continuing Rehabilitation
  After A Negative Return to Work Test

9
Reasonable Suspicion

• BU 02 (Blue Collar Supervisor) Article 50
• BU 03 (White Collar Employee) Article 52
• BU 04 (White Collar Supervisor) Article 50
• The Union and Employer have reached an agreement
  on alcohol and controlled substance testing.
  Part one of the agreement pertains to
  alcohol and controlled substance
  testing for all Employees
  
  based on reasonable suspicion

10
Prohibitions - Alcohol

• 1. Report to work and work with alcohol
  concentration of 0.04 or higher.
• 2. Possess alcohol while working.
• 3. Consume alcohol while working.
• 4. Work within 4 hours after using alcohol.
• 5. Use of alcohol for 8 hours after an accident,
  or until employees completes alcohol test.
• 6. Work after voluntarily admitting to alcohol
  problem until a negative return to work test is
  received.
• 7. Refuse to submit to a required alcohol test.

11
Prohibitions - Drugs

• 1. Report to work and work with a controlled
  substance in system EXCEPT when prescribed by
  employees physician and used as directed.
• 2. Possess alcohol while working EXCEPT when
  prescribed by employees physician and used as
  directed.
• 3. Work after voluntarily admitting to
  controlled substance problem until a negative
  return to work test is received.
• 4. Refuse to submit to a required alcohol test.

12
Reasonable Suspicion

• A supervisor may direct an employee to
  submit to an alcohol and/or controlled substance
  test when that supervisor has reasonable
  suspicion to believe an employee have violated
  the prohibitions.
• _______________________________
• Employer designate (LCC Administrator or HR
  staff) who every 5 years has undergone training
  of at least 1 hour of alcohol misuse training and
  1 hour of controlled substance use and indicators
  of probable use and misuse. LCC officials
  underwent 4 hours of DAT training in July 2006.

13
Reasonable Suspicion

• Based on specific contemporaneous, articulable
  observation by Supervisor of employees
  appearance, behavior, speech, or body odor.
• Observed employee witnessed by another employee.
• Written record of observation within 24 hours of
  observation with copy to employee.
• ___________________________________________
• Current or recent without unreasonable
  delay.
• Recognized symptom of impairment of alcohol or
  controlled substance use, and not reasonably
  explained by other causes.

14
Testing - General

• Should there be reasonable suspicion of a
  violation of the prohibitions, you will receive
  an Alcohol and/or Controlled Substance Test
  Notification.
• Purpose Test for Alcohol and/or Controlled
  Substance
• Type of Test Reasonable Suspicion
• Employee to be Tested Name and Department
• Test Information Date, Time, and Location
• Other I understand Statement

15
Testing - Alcohol

• Comply with U.S. DOT rules (as defined)
• Protect employees privacy and be attributable to
  correct employee
• Method
• Evidential Breath Test Device (EBT)
• Conducted by a Breath Alcohol Technician (BAT)
• Vendor Clinical Laboratories of Hawaii
• Positive lt 0.04 alcohol concentration level
• Confirmatory test mandatory

16
Testing Controlled Substances

• Comply with U.S. DOT rules (as defined)
• Protect employees privacy and be attributable to
  correct employee
• Method
• Split Sample Urinalysis
• Immunoassay Gas Chromatography
• Vendor Clinical Laboratories of Hawaii
• Positive Detection of controlled substances at
  prohibited concentration levels
• Medical Review Officer (MRO)
• 3rd Party Certified Laboratory

17
Testing Primary Question

• Is there a requirement that you submit to alcohol
  and drug testing if directed?
• YES
• An employee who refuses to submit to a required
  test shall be discharged.

18
Refusal to Test

• 1. Fails to provided adequate breath for alcohol
  testing without valid medical explanation.
• 2. Fails to provide adequate urine sample for
  controlled substance testing except as determined
  by medical evaluation.

19
Refusal to Test

• 1. Fails to provided adequate breath for alcohol
  testing without valid medical explanation.
• 2. Fails to provide adequate urine sample for
  controlled substance testing except as determined
  by medical evaluation.
• 3. Engages in conduct that obstructs the testing
  process such as
• Refusal to take a test by statement or action.
• Refusal to sign appropriate forms as required.
• (Continued)

20
Refusal to Test -Continued

• 3. Engages in conduct that obstructs the testing
  process such as (continued)
• Failure to report for a scheduled appointment.
• Failure to report at collection site in allotted
  time.
• Failure to provide adequate breath or urine
  specimen with reasonable time period.
• Tampering with or attempting to adulterate
  specimen or collection procedure.
• Failure to cooperate or comply with BAT, MRO, or
  Substance Abuse Professional (SAP).
• Engages in conduct that clearly obstructs the
  testing process.

21
2 Strikes and Youre Out

• 1. First Positive Test Employee Is Discharged
• UnlessSigns Last Chance Agreement
• Will resign in event of 2nd positive test
• Accept an immediate 20 working day suspension
• Submit to SAP evaluation and complete all
  educational and rehabilitation requirements
• Submit to Return to Work and follow-up testing
  recommended by SAP and
• Pay for all treatment and rehabilitation costs.

22
2 Strikes and Youre Out

• 1. First Positive Test Employee Is Discharged
• UnlessSigns Last Chance Agreement
• Will resign in event of 2nd positive test
• Accept an immediate 20 working day suspension
• Submit to SAP evaluation and complete all
  educational and rehabilitation requirements
• Produce negative test result.
• Submit to Return to Work and follow-up testing
  recommended by SAP.
• 2. Second Positive Test Employee Is
  Discharged.

23
Who Pays?

• Employer Expenses
• All Required DAT Tests
• SAP Evaluations Services
• Employee Expenses
• Split Urinalysis Testing 3rd Party Laboratory
• Education and Rehabilitation Program
• Training Program
• Tests in Rehabilitation Program (as required)

24
Employer MOA Requirements

• Obtain a signed statement from the employee that
  you have been provided Employees Handbook.
• Explain the Drug Alcohol Testing Program
• DAT employee categories
• Prohibited conduct
• Circumstances that may result in D A testing
• Procedures that will be used
• Refusal to Test definition and examples
• Consequences for violating Agreement
• Effects of alcohol and controlled substances and
• Employee designate information.

25
Effects of Drugs and Alcohol

• Employees Handbook
• Alcohol Pages 22-25
• Marijuana Page 26
• Cocaine Page 27
• Opiates Pages 27-28
• Amphetamines Page 28
• Phencyclidine Page 29

26
Employer Designates

• Michael Pecsok, Interim Vice Chancellor for
  Academic Affairs/Chief Academic Officer
• James Goodman, Interim Dean, Arts Sciences
• Michael Tagawa, Dean, Career Technical
  Education
• Nicole Striegel, Dean, Student Services
• Mark Lane, Vice Chancellor for Administrative
  Services
• __________________________________________________
  __________________________________________________
  _____________________________________
• Michael Wong, Campus Personnel Officer
• Lori Lei Hayashi, Personnel Officer
• Darren Wastell, Personnel Officer

27
Questions?
28
True or False?

• White collar workers have fewer drug problems
  than blue collar workers. FALSE
• Marijuana leaves the body with 28 days of smoking
  it. FALSE
• Alcoholics drink every day. FALSE
• Its safe to experiment with ice for a few
  months. FALSE
• Hawaii consumes more beer per person than any
  other state in the nation. TRUE

29
THANK YOU FOR ATTENDING!

• Complete, sign, and return form
• Get your Employees Handbook