Attachment D - MBTA Drug and Alcohol Policy.pdf

Massachusetts Bay Transportation Authority

DRUG AND ALCOHOL POLICY

EFFECTIVE DATE: February 24, 2014 Updated August 1, 2019

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Electronic access to document

This document can also be accessed electronically at http://intranet.mbta.com/

For questions, please contact the MBTA’s Occupational Health Services Department at 617-222-5858, or see contact list at Appendix D for specific contact information.

Originating office:

MBTA Occupational Health Services Transportation Building Ten Park Plaza, Suite 7610 Boston, MA 02116 (Tel) 617-222-5858 (Fax) 617-222-4419 http://intranet.mbta.com/ i | P a g e

Table of Contents

Overview ...................................................................................................................................................................................iii

Message to Employees .............................................................................................................................................................iv

Applicability...............................................................................................................................................................................v

PART ONE - Employees

Section I: Abbreviations and Definitions

Section II: Regulatory Overview & Requirements

Regulatory Requirements

Testing Requirements (FTA)

Testing Requirements (the Employer’s Authority)

Establishment of a Drug-Free Workplace & Workplace Convictions

Section III: Management & Employee Responsibilities

Education and Training ……………………………………………………………………………………………………… Prohibited Use of Alcohol ………………………………………………………………………………………………….11-12 Prohibited Use of Controlled Substances/Illegal Drugs Record Keeping Confidentiality and the Right to Examine Drug and Alcohol Testing Results Requests for Drug and Alcohol Testing Information for Employment Purposes………………….13-14 Prescriptions and Over-the-Counter Medications……………………………………………………………….14-15

Section IV: Drug and Alcohol Testing Drug/Metabolites DOT Mandated Tests Pre-Employment Testing of Applicants/Transfers

Pre-Employment Testing of Employees……………………………………………………………………….15-16 Requirements for Canceled Pre-employment Drug Tests

Reasonable Suspicion Testing Post Accident Testing…………………………………………………………………………………………………..16-17

FTA Post Accident Testing Use of Test Results Conducted by Other Parties Random Testing ………………………………………………………………………………………………………….18-19 Return to Duty Testing Follow-up Testing

DOT-Mandated Testing Protocols Testing Methodology Preparation for Testing………………………………………………………………………………………………..19-20 Insufficient Amount of Breath or Shy Lung Insufficient Volume and Shy Bladder Direct Observation……………………………………………………………………………………………………….20-21 Drug Testing Laboratories and Specimen Analysis Medical Review Officer and Result Review Process Request for Retest of the Split Specimen Diluted Specimens Refusal to Submit to a Required Test

Drug Test Refusal ………………………………………………………………………………………….22-23 Alcohol Test Refusal

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Initial SAP Evaluation Referral for Education and Treatment Return to Duty Evaluation Follow-Up Education/Treatment and Testing Plan Other SAP Related Issues

PART TWO - MBTA Employees

Section I: MBTA-Mandated Testing Pre-Employment Testing Post-Accident Testing Probable Cause Testing Follow-Up Testing Return-to-Work Testing

Section II: MBTA Enforcement of Policy Through Discipline Failing an Alcohol Test Failing a Pre-Employment (Applicant) Test Failing a Pre-Employment (Transfer) Test Positive Drug or Alcohol Test: First Offense ……………………………………………………………………….28-29 Positive Drug and/or Alcohol Test: Termination Supervisory Discipline/Termination

Section III: MBTA Employee Assistance Program Overview…………………………………………………………………………………………………………………………….29-30 Referral Process

Voluntary Referrals Voluntary Services (excluding employee substance abuse) Voluntary Employee Substance Abuse Services

Mandatory Referrals Referrals After a Positive Drug/Alcohol Test Referral After an Off Duty OUI Offense Referral After Receiving Discipline Mandating EAP Services…………………………..31-32 Referral by a Labor Agreement or Compromised Settlement Agreement Referral by the Medical Clinic for EAP Participation as Directed

Confidentiality and Records

APPENDICES

Appendix A Regulatory Authority Appendix B Random Testing Rates by Agency Appendix C Safety-Sensitive Job Classifications (All Modes) and Reason Codes Appendix D Designated Services Providers for Drug and Alcohol Testing Appendix E DOT Prohibited Drugs and Testing Cutoff Levels Appendix F MBTA Prohibited Drugs and Testing Cutoff Levels Appendix G Direct Observation Procedures Appendix H Alcohol Dependency and Alcohol Abuse Appendix I Substance Abuse Overview Appendix J DOT Office of Drug and Alcohol Policy and Compliance Notice - Medical Marijuana iii | P a g e

Overview

The Massachusetts Bay Transportation Authority’s (MBTA) mission is to deliver excellent customer service to travelers in the Commonwealth, and to provide our nation’s safest and most reliable transportation system in a way that strengthens our economy and quality of life. We are committed to safety and customer service.

In accordance with the provisions of the United States Drug-Free Workplace Act of 1988, the MBTA is required to provide a safe and drug-free workplace for all of its employees.

Additionally, the Omnibus Transportation Employee Testing Act of 1991 mandates the issuance of federal regulations to combat prohibited drug use and alcohol misuse in the transportation industry.

This policy employs four principles as a means to achieve our goal of providing a service and workplace free from the effects of drug use and alcohol misuse. The first principle emphasizes deterrence from drug use and alcohol misuse. The MBTA will make training and education available to all employees concerning the effects of substance abuse on individuals and in the workplace. Supervisors and managers will receive specialized training in detection, early intervention and enforcement. The second principle is treatment and rehabilitation. The Employee Assistance Program (EAP) is available to MBTA employees to assist them with issues/problems surrounding drug use and alcohol misuse. This includes treatment for the use and misuse of drugs and alcohol. The MBTA encourages and supports rehabilitation before an employee’s job is in jeopardy. The third principle is detection, which is accomplished by utilizing Pre-employment, Random, Reasonable Suspicion, Probable Cause, Post-Accident, Return to Duty, Return to Work, and Follow-Up drug and alcohol testing. The fourth and final principle is enforcement, which is essential if deterrence, treatment and rehabilitation and detection are to be successful. Violating the provisions contained in this policy shall be grounds for discipline up to and including termination.

Our agency provides a vital service to our patrons so they can travel on our buses and trains to reach their destinations safely. A strong controlled substances and alcohol testing program is one way in which we can ensure that the mission of the MBTA is achieved.

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Message to Employees

As employees of the MBTA, we have been given a tremendous amount of responsibility.

Each time we perform a safety related activity, we become the caretaker of not only our own lives, but also the lives of both the citizens we serve and those of our colleagues.

Because of this important responsibility, the US Department of Transportation (DOT)1 has enacted regulations to aid in the prevention of drug use and alcohol misuse by those in safety-sensitive positions. In 1994, the DOT implemented regulations that combine education and testing to form a comprehensive anti-drug and alcohol misuse program.

Specifically, these regulations require safety-sensitive employees to complete drug and alcohol awareness training and to participate in a drug and alcohol testing program.

The MBTA encourages all employees to understand the responsibility and trust placed upon them while they perform their job duties. Consistent with our philosophy that our employees are our most valuable resource, we will offer assistance to any employee who misuses alcohol and uses prohibited substances. We encourage employees to come forward confidentially to work toward resolving such a problem before it leads to disciplinary actions.

The Group Insurance Commission (GIC) and the MBTA’s EAP provide many resources, and we encourage employees to use these resources and the programs’ recommendations.

Because the MBTA possesses a firm commitment to the health and safety of all our employees, we have elected to go beyond the requirements of the mandatory DOT regulations. This policy specifically states which procedures are required by DOT regulations and which are performed under the MBTA’s own authority. To distinguish between the procedures, all MBTA’s authority procedures in the policy are italicized.

Drug use and alcohol misuse remain problems that affect all parts of a person’s life: job, health, family and friends. We have developed this policy to communicate the expectations that the DOT and the MBTA have for our employees and as a resource to those who need assistance in resolving problems with drug and alcohol use/misuse. This policy has been made available to every MBTA employee as well as representatives of our employee organizations.

This policy has been adopted by the MBTA Board of Directors on June 19, 2013. The effective date of this policy is February 3, 2014.

1 DOT includes the Federal Motor Carrier Safety Administration (FMCSA), the Federal Transit Administration (FTA), and the Federal Aviation Administration (FAA).

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Applicability

The federal provisions contained herein apply to all full-time, part-time, seasonal, temporary or intermittent employees working in safety-sensitive positions as defined in the definitions section. The federal provisions also apply to contractors and consultants who are performing safety-sensitive functions. All contractors and consultants will receive a copy of this policy.

The MBTA, under its own authority, extends the applicability of this policy to all its employees to the extent specified in italics. This policy revision supersedes all previous drug and alcohol policies of the Massachusetts Bay Transportation Authority (MBTA).

The MBTA reserves the right to modify, revoke, suspend, or terminate this policy, in whole or in part, at any time, consistent with changing law or as needed.

An employee’s classification will dictate whether the employee is subject to regulations issued by the Federal Transit Administration (FTA). The table in Appendix A contains an outline of the relevant regulatory citations discussed in this program.

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MBTA Employees

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Section I: Abbreviations and Definitions

Abbreviations

ASD Alcohol Screening Device ATF Alcohol Test Form BAC Breath Alcohol Concentration BAT Breath Alcohol Technician CCF Custody and Control Form CDL Commercial Driver’s License CFR Code of Federal Regulations CMV Commercial Motor Vehicle C/TPA Consortium/Third-Party Administrator DER Designated Employer Representative DFWA Drug-Free Workplace Act DHHS Department of Health and Human Services DOT Department of Transportation EAP Employee Assistance Program EBT Evidential Breath Testing Device FAA Federal Aviation Administration FMCSA Federal Motor Carrier Safety Administration FTA Federal Transit Administration GIC Group Insurance Commission MRO Medical Review Officer NHTSA National Highway Traffic Safety Administration NTSB National Transportation Safety Board ODAPC Office of Drug and Alcohol Policy and Compliance OHS Occupational Health Services OTC Over-the-Counter Medication OUI Operating Under the Influence RTWA Return to Work Agreement Rx Prescription Medication SAP Substance Abuse Professional USCG United States Coast Guard

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Definitions of Terms

Accident

(FTA)

Adulterate

An occurrence associated with the operation of a vehicle, if as a result: (1) an individual dies; or (2) an individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident; or (3) with respect to an occurrence in which the mass transit vehicle involved is a bus, electric bus, van, or automobile, one or more vehicles (including non-MBTA vehicles) incurs disabling damage as the result of the occurrence and such vehicle or vehicles are transported away from the scene by a tow truck or other vehicle; or (4) with respect to an occurrence in which the mass transit vehicle involved is a rail car, trolley car, trolley bus, or vessel, the mass transit vehicle is removed from operation.

A urine specimen that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance; a specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine.

Air Blank

Alcohol

In Evidential Breath Testing Devices (EBTs) using gas chromatography technology, a reading of the device’s internal standard. In all other EBTs, a reading of ambient air containing no alcohol.

The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols, including methyl or isopropyl alcohol in any beverage, mixture, mouthwash, candy, food, preparation or medication.

Alcohol Confirmation Test

A subsequent test using an EBT, following a screening test with a result of 0.02 or greater, which provides quantitative data about the alcohol concentration.

Alcohol Misuse

Using alcohol in violation of this policy and DOT regulations.

Alcohol Screening Device (ASD)

A breath or saliva device, other than EBT, that is approved by the National Highway Traffic Safety Administration and placed on a conforming products list for such devices.

Alcohol Screening Test

An analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath or saliva specimen.

Alcohol Testing Site A place selected by the employer where employees present themselves for the purpose of providing breath or saliva for an alcohol test.

Alcohol Use The drinking or swallowing of any beverage, liquid mixture or preparation (including any medication), containing alcohol.

Aliquot A fractional part of a specimen used for testing. It is taken as a sample representing the whole specimen.

Anti-Drug Program

A program to detect and deter the use of prohibited drugs.

Blind Specimen or Blind Performance Test Specimen

A specimen submitted to a laboratory for quality control testing purposes, with a fictitious identifier, so that the laboratory cannot distinguish it from an employee specimen, and is spiked with known quantities of specific drugs or which is blank, containing no drugs.

Breath Alcohol Technician (BAT)

A person who instructs and assists employees in the alcohol testing process and operates an Evidential Breath Testing Device.

Canceled Test A drug or alcohol test that has an identified problem that cannot be, or has not been corrected, or which 49 CFR Part 40 requires to be canceled. A canceled test is neither a positive nor a negative test.

Chain of Custody The procedure used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the Federal Drug Testing Custody and Control Form (CCF).

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Collection Container A container into which the employee urinates to provide the specimen for a drug test.

Collection Site A place designated by the employer where employees (or applicants) present themselves for the purpose of providing a specimen of their urine to be analyzed for the presence of drugs.

Collector A person who instructs and assists employees at a collection site, who receives and makes an initial inspection of the specimen provided by those employees, and who initiates and completes the CCF.

Commercial Driver’s License (CDL)

A CDL is required to operate any of the following commercial motor vehicles (CMVs):

A single vehicle with a gross vehicle weight rating (GVWR) of more than 26,000 pounds;

A trailer with a GVWR of more than 10,000 pounds if the gross combination weight rating is more than 26,000 pounds;

A vehicle designed to transport 16 or more persons (including the operator); or

Any size vehicle which requires hazardous materials placards.

Commercial Motor Vehicle (CMV)

A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:

Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or

Has a gross vehicle rating of 26,001 or more pounds; or

Is designed to transport 16 or more passengers, including the driver; or

Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which requires the motor vehicle to be placarded under the Hazardous Materials Regulations.

Confirmatory Test (alcohol)

For alcohol testing, a second test following a screening test with an alcohol level of greater than .02

BAC.

Confirmatory Test (drug)

A second analytical procedure performed on a different aliquot of the original specimen to identify and quantify the presence of a specific drug or drug metabolite.

Confirmatory Validity Test

A second test performed on a different aliquot of the original urine specimen to further support a validity test result.

Confirmed Drug Test A confirmation test result received by an MRO from a laboratory.

Consortium/Third Party Administrator

(C/TPA)

A service agent that provides or coordinates the provision of drug and alcohol testing services to employers. C/TPAs typically perform administrative and alcohol testing tasks concerning the operation of the employer’s drug and alcohol testing programs.

Contractor

(FTA)

For the purposes of this policy, a contractor is a person or organization that provides a safety-sensitive service for a recipient, sub-recipient, employer, or operator consistent with a specific understanding or arrangement in the form of a written contract or an informal arrangement that reflects an ongoing relationship between the parties.

Controlled Substances

The substances identified in 49 CFR § 40.84. Any drugs that are classified by the Drug Enforcement Administration (DEA) into the five schedules or classes on the basis of their potential for abuse, accepted medical use, and accepted safety for use under medical supervision. A drug in any of these schedules identifies that it is controlled and determines the nature of supervisory control that must be exercised. Medications containing any controlled substance must be prescribed by a physician who has a valid DEA license number.

Covered Employee

(FTA)

A person, including an applicant or transferee, who performs or will perform a safety-sensitive function including revenue vehicle operation; revenue vehicle and equipment maintenance; revenue vehicle control or dispatch; Commercial Driver’s License non-revenue vehicle operation; or armed security duties. (See Appendix C for listing)

Designated Employer Representative (DER)

An employee authorized by the MBTA to take immediate action(s) to remove employees from safety-sensitive duties, or cause employees to be removed from their covered duties, and to make required decisions in the testing and evaluation processes. The DER also receives test results and other communications for the employer, consistent with the requirements of this policy. (See Appendix D for listing)

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Dilute Specimen A urine specimen with creatinine and specific gravity values that are lower than expected for human urine.

Disabling Damage

(FTA)

Damage that precludes departure of the vehicle from the scene of the accident in its usual manner in daylight after simple repairs. It includes damage to vehicles that could have been operated but would have been further damaged if so operated. Excluded are the following: (1) damage that can be remedied temporarily at the scene of the accident without special tools or parts; (2) tire disablement without other damage even if no spare tire is available; (3) headlamp or taillight damage; (4) damage to turn-signals, horn, or windshield wiper, which makes the function inoperable.

DOT United States Department of Transportation, which is the federal agency that oversees federal highway, air, railroad, maritime and other transportation administrative functions; components include but are not limited to the Federal Motor Carrier Safety Administration (FMCSA), Federal Transit Administration (FTA), and the Federal Aviation Administration (FAA) .

DOT Agency An agency (or “operating administration”) of the United States Department of Transportation administering regulations requiring drug and alcohol testing. See 14 CFR Parts 120, 121, appendices I and J; 33 CFR Part 95; 46 CFR Parts 4, 5, and 16; and 49 CFR Parts 199, 219, 382, and 655.

Drugs The drugs for which tests are required under 49 CFR Part 40 and DOT agency regulations are marijuana, cocaine, amphetamines, phencyclidine (PCP), and opioids.

Drug Metabolite The specific substance produced when the human body metabolizes a given drug as it passes through the body and is excreted in urine.

Drug Test The laboratory analysis of a urine specimen collected in accordance with 49 CFR Part 40 and analyzed in a DHHS-approved laboratory.

Employee For purposes of the federal regulations contained herein, an employee is any person who is designated in a DOT agency regulation as subject to drug testing and/or alcohol testing. The term includes individuals currently performing safety-sensitive functions designated in DOT agency regulations and applicants for employment subject to pre-employment testing. For purposes of drug testing under this policy, the term “employee” has the same meaning as the term “donor” as found on the CCF and related guidance materials produced by the Department of Health and Human Services. This term includes all persons employed by the MBTA.

Employee Assistance Program (EAP)

A program provided directly by an employer, or through a contracted service provider to assist employees in resolving drug or alcohol dependency and other personal problems.

Employer

(FTA)

A recipient or other entity that provides mass transportation service or performs a safety-sensitive function for such recipient or other entity. This term includes sub-recipients, operators, and contractors.

Evidential Breath Testing (EBT) Device

A device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath at the 0.02 and 0.04 alcohol concentrations, placed on the NHTSA’s “Conforming Products List (CPL) for Evidential Breath Measurement Devices” and identified on the CPL as conforming with the model specifications available from NHTSA’s Traffic Safety Program.

Federal Transit Administration

(FTA)

The FTA was established by the Urban Mass Transportation Act of 1964 and is one of 10 modal administrations within the United States Department of Transportation that provides financial and technical assistance to local public transit systems.

Fit for Duty An employee is fit for duty when he/she is unequivocally able to perform his/her job duties, including when he/she is ready to work or working without the presence of any alcohol or the presence of any drugs or their metabolites that are proscribed by this Drug and Alcohol Policy.

Follow-Up Testing The testing category required by Federal regulation for each employee who has committed a DOT drug or alcohol regulation violation and who seeks to resume the performance of safety-sensitive functions.

Illegal Drug Any drug which is not legally obtainable or which is legally obtainable, but has not been obtained legally. The term includes any prescribed medication that is not being used for its prescribed purpose, in the manner prescribed, or by the person to whom it was prescribed.

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Immediately This means to proceed directly and without delay to the testing or collection site. The employee shall make no side trips for any purpose, except for an emergency. An emergency shall be communicated directly and without delay, or as soon as practicable, to his/her supervisor and testing/collection site personnel.

Initial Drug Test (also known as a “screening drug test”)

The test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites.

Initial Specimen Validity Test

The first test used to determine if a urine specimen is adulterated, diluted, substituted, or invalid.

Invalid Drug Test The result reported by a DHHS certified laboratory in accordance with criteria established by HHS Mandatory Guidelines when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity test.

Laboratory Any U.S. laboratory certified by DHHS under the National Laboratory Certification Program as meeting the minimum standards of Subpart C of the HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs.

Legal Drug Any prescribed medication or over-the-counter drug, which has been legally obtained, being used for the purpose which it was prescribed or manufactured, and in the manner in which it was prescribed.

MassDOT/MBTA Premises/Property

Includes all MassDOT/MBTA-owned, rented, or leased properties; MassDOT/MBTA-owned, rented, or leased vehicles, including vehicles rented by employees while on official travel, as well as privately-owned vehicles parked on MassDOT/MBTA-owned, rented, or leased property, and any work site or assigned work location, including contractor and vendor premises where work is being performed for MassDOT/MBTA.

Medically Authorized A prescription or other writing from a licensed physician or health care provider such as a nurse practitioner or dentist for the use of a drug in the course of medical treatment, or dental treatment.

Medical Review Officer (MRO)

A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer’s drug testing program and evaluating medical explanations for certain drug test results.

Metabolite A modified form of a drug that has been chemically altered by the body’s metabolic system.

Negative Dilute A urine specimen which is negative for drug metabolites with creatinine and specific gravity values that are lower than expected for human urine.

Negative Test Result The drug test result reported by an HHS-certified laboratory to an MRO when a specimen contains no drug or the concentration of the drug is less than the cutoff concentration, for the drug or drug class and the specimen is a valid specimen.

Noncompliance with SAP or EAP

Any time an employee refuses to comply with the treatment and education requirements outlined in the SAP/EAP treatment plan. This also includes attendance parameters.

Non-Negative Alcohol Test

The presence of alcohol in the body at a concentration of 0.02 or greater. Refusal to take a breath test without a valid medical explanation also constitutes a positive alcohol test.

Observed Testing A urine specimen collection where the observer (same gender as employee) is required to request that an employee raise his/her shirt, blouse, dress/skirt, as appropriate, above the waist, just above the navel; and lower clothing and underpants to mid-thigh and show the observer, by turning around, that the employee does not have a prosthetic or other devices designed to carry “clean” urine and urine substitutes AND the observer then watches the employee urinate into the collection container.

Office of Drug and Alcohol Policy and Compliance (ODAPC)

The office in the Office of the Secretary, DOT, that is responsible for coordinating drug and alcohol testing program matters within the Department and providing information concerning the implementation of 49 CFR Part 40.

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On-Call Employee An employee who is expected to be readily available for contact by phone, radio, pager, beeper, during all non-work hours. An employee on-call must be fit for duty and able to report for work within a short period during a designated timeframe.

Oxidizing Adulterant A substance that acts alone or in combination with other substances to oxidize drugs or drug metabolites to present the detection of the drug or drug metabolites, or affects the reagents in either the initial or confirmatory drug test.

Performing a safety-sensitive function

(FTA)

A covered employee is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform such function.

Positive Alcohol Test

Positive Drug Test

The result from the breathalyzer that indicates a level of alcohol present to indicate a positive reading as defined by this policy or applicable regulations.

Any urine that is chemically tested (screened and confirmed), that shows the result reported by an HHS-certified laboratory when a specimen contains a drug or drug metabolite equal to or greater than the cutoff concentrations of controlled substances, and is verified by the MRO. Refusal to take a drug test without a valid medical explanation also constitutes a positive drug test.

Primary Specimen In drug testing, the urine specimen bottle that is opened and tested by a first laboratory to determine whether the employee has a drug or drug metabolite in his or her system and for the purpose of validity testing. The primary specimen is distinguished from the split specimen, defined herein.

Probable Cause Testing

The drug and alcohol test conducted under MBTA’s own authority when MBTA has probable cause to believe that an employee has violated the provisions of this policy related to the prohibited use of alcohol and controlled substances/illegal drugs.

Prohibited Drugs Marijuana, cocaine, opioids, amphetamines, or phencyclidine at levels above the minimum thresholds specified in 49 CFR Part 40, as amended. The Employer under its own authority will test for these additional drugs: expanded opioids, benzodiazepines, methadone, barbiturates, methaqualone, and propoxyphene.

Reasonable Suspicion

A broad based term used to describe a set of circumstances that indicate a reason to conduct an investigation or assessment of an employee's fitness for duty, or to explore possible explanations for an employee's conduct, actions or appearance. The suspicion is based on observations of the individual employee. A reasonable suspicion is more than a hunch; it is a reasoned conclusion based on specific, contemporaneous, articulable observation regarding the appearance, behavior, speech or body odors of the covered employee.

Reason to Believe

(FTA)

Objective information indicating that a particular individual may alter or substitute a urine specimen.

Reconfirmed The result reported for a split specimen when the second laboratory is able to corroborate the original result reported for the primary specimen.

Rejected for Testing The results reported by an HHS-certified laboratory when no tests are performed for a specimen because of a fatal flaw or a correctable flaw that is not corrected.

Refusal to Test Any circumstance outlined in 49 CFR 40.191 and 40.261.

Return to Work Test The test conducted under MBTA’s own authority when a safety-sensitive employee returns to work after an absence of 32 consecutive calendar days or more, or agrees to be tested as part of a settlement agreement, is returning from substance/alcohol treatment arranged by or made known to the MBTA.

Revenue Service Vehicles (FTA)

Vehicles that are used for passenger transportation service or require a CDL to operate, which include bus, van, car, railcar, locomotive, trolleycar, trolley bus, ferry boat, or a vehicle used on a fixed guideway or inclined plane. This includes all ancillary vehicles used in the support of the transit system.

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Safety-Sensitive Function(s)

(FTA)

An employee whose job functions are, or whose job includes the performance of functions, related to the safe operation of mass transportation service. The following are the categories of safety-sensitive functions:

(1) Operating a revenue service vehicle, including when not in revenue service;

(2) Operating a non-revenue service vehicle, when required to be operated by a holder of a CDL;

(3) Controlling dispatch or movement of revenue service vehicles or equipment used in revenue service;

(4) Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service;

(5) Carrying a firearm for security purposes.

Saliva Device (alcohol)

Saliva Specimen (alcohol)

Saliva Testing

An alcohol screening device that appears on the NHTSA conforming products lists (CPL) which can only be used for screening tests for alcohol, and may not be used for confirmation tests.

An alternative method of sampling to a breath specimen which is obtained by a STT, utilizing a saliva device to obtain a sample from the donor's mouth with a swab or stick.

An analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath or saliva specimen.

Screening Test (drug)

An immunoassay screen to eliminate “negative” urine specimens from further analysis or to identify a specimen that requires additional testing for the presence of drugs.

Screening Test Validity

The first test used to determine if a urine specimen is adulterated, diluted or substituted.

Screening Test Technician (STT)

A person who instructs and assists employees in the alcohol testing process and operates an ASD.

Service Agent Any person or entity, other than an employee of the MBTA, who provides services specified under this program to employers and/or employees in connection with DOT drug and alcohol testing requirements. This includes, but is not limited to, collectors, BATs, SSTs, laboratories, MROs, SAPs, and C/TPAs. To act as the service agents, persons and organizations must meet the qualifications set forth in applicable sections of the federal regulations. Service agents are not employers for purposes of this program.

Shipping Container A container that is used for transporting and protecting urine specimen bottles and associated documents from the collection site to the laboratory.

Shy Bladder The term used to describe a urine drug testing situation in which the selected employee attempts unsuccessfully to furnish a sufficient amount of urine within the time allotted.

Shy Lung The term used to describe a testing situation or an attribute of a donor in which there is inability to provide adequate breath for alcohol testing after two attempts.

Specimen Bottle The bottle that, after being sealed and labeled according to the procedures as stated in the regulations, is used to hold the urine specimen during transportation to the laboratory.

Split Specimen In drug testing, a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result.

Split Specimen Collection

A collection in which the urine collected is divided into two separate specimen bottles, the primary specimen (Bottle A) and the split specimen (Bottle B).

Substance Abuse A maladaptive pattern of substance use manifested by recurrent and significant adverse consequences related to the repeated use of substances. (DSM-IV)

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Substance Abuse Professional

(SAP)

A licensed physician (Medical Doctor or Doctor of Osteopathy) or a licensed or certified social worker; or a licensed or certified psychologist; or a licensed or certified employee assistance professional; or a state-licensed or certified marriage and family therapist; or an alcohol and drug abuse counselor certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission (NAADAC), or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC), or by the National Board of Certified Counselors, Inc. and Affiliates/Master Addictions Counselor (NBCC), with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders as well as knowledge concerning SAP functions and DOT regulations. SAPs must pass an examination. This examination must be given by a nationally recognized professional or training organization and must comprehensively cover all the elements required for the qualification training.

The SAP evaluates employees/applicants who have violated a DOT drug or alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

Substituted Specimen A specimen with creatinine and specific gravity values that are so diminished or so divergent that they are not consistent with normal human urine.

Validity Testing The evaluation of a specimen to determine, if it is consistent with normal human urine, whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted.

Vehicle Mass Transit (FTA)

A bus, electric bus, van, automobile, rail car, trolley car, trolley bus, or vessel which is used for mass transportation or for ancillary services.

Verified Negative Test (drug)

A drug test result reviewed by the MRO and determined to have no evidence of prohibited drug use above the minimum cutoff levels established by DHHS.

Verified Positive Test (drug)

A drug test result reviewed by the MRO and determined to have evidence of prohibited drug use above the minimum cutoff levels specifically established by DHHS.

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Section II: Regulatory Overview & Requirements

The MBTA (referred to as the “Employer”) has a strong commitment to maintaining a safe, healthy, and efficient workplace free of the dangers and negative impacts of substance abuse and alcohol misuse. The purpose of this policy is to communicate the Employer’s expectations for employees consistent with the U.S. Department of Transportation’s published regulations: Title 49 CFR Part 40, as amended; the FTA’s Title 49 CFR Part 655, as amended; and the “Drug- Free Workplace Act of 1988” to ensure that the workplace remains free of the hazards and deficiencies generated by substance abuse and alcohol misuse.

To ensure that employees understand the differences between the Federal Regulations and procedures established under the Employer’s own authority, FTA requirements are designated by mode when necessary and requirements under the Employer’s own authority are designated by italics.

A. Regulatory Requirements

The Employer’s governing board has adopted this policy, as revised, to comply with the following Federal Regulations, as amended:

Title 49 CFR Part 40, “Procedures for Transportation Workplace Drug Testing Programs”

Title 49 CFR Part 655, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations”

P. L. 100-690, Title V, Subtitle D, “Drug-Free Workplace Act of 1988”

Omnibus Transportation and Testing Act of 1991

These regulations apply to the Employer as a recipient of federal funds. Copies of these regulations are available, by request, from the Designated Employer Representative (DER) as named in Appendix D.

B. Testing Requirements (FTA)

All covered employees are required to submit to testing as mandated by 49 CFR Part 655, (FTA) as amended according to the practices and procedures of 49 CFR Part 40, as amended.

C. Testing Requirements (the Employer’s Authority)

All non safety-sensitive employees are required to submit to testing under the Employer’s own authority in accordance with this policy.

Establishment of a Drug-Free Workplace & Workplace Convictions

THE EMPLOYER HAS ESTABLISHED ITSELF AS A DRUG-FREE WORKPLACE AND PROHIBITS THE UNLAWFUL MANUFACTURE, DISTRIBUTION, DISPENSATION, POSSESSION, OR USE OF A CONTROLLED SUBSTANCE BY ANY EMPLOYEE WHILE IN THE WORKPLACE. IN THIS CASE, A CONTROLLED SUBSTANCE IS DEFINED AS A CONTROLLED SUBSTANCE IN SCHEDULES I THROUGH V OF SECTION 202 OF THE CONTROLLED SUBSTANCES ACT (21 U.S.C. 812).

ANY EMPLOYEE WHO VIOLATES THESE PROHIBITIONS MAY BE SUBJECT TO DISCIPLINE UP TO AND INCLUDING IMMEDIATE TERMINATION FROM EMPLOYMENT. ADDITIONALLY, ANY EMPLOYEE WHO IS CONVICTED OF A DRUG RELATED VIOLATION WITHIN THE WORKPLACE MUST REPORT THE CONVICTION IN WRITING TO THE EMPLOYER

WITHIN FIVE CALENDAR DAYS.

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Section III: Management & Employee

Responsibilities

A. Education and Training

As required by the Drug-Free Workplace Act of 1988, the Employer shall provide training to educate employees about:

1. The dangers of drug/alcohol misuse or abuse in the workplace;

2. The Employer’s drug and alcohol-free workplace policy;

3. Services available through Employee Assistance Programs to assist with problems related to drug/alcohol misuse or abuse; and

4. The sanctions that will be imposed on employees who violate this policy.

Additionally, as required by federal regulations, all safety-sensitive employees will receive a minimum of 60 minutes of training on the effects and consequences of drug use on personal health, safety and the work environment.

The Employer will provide all employees with information on the misuse of alcohol on personal health, safety, and the work environment, and on the signs and symptoms that may indicate alcohol misuse.

The Employer shall ensure that all persons designated to supervise safety-sensitive employees receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use. The training information will be used by the supervisors to determine whether reasonable suspicion exists to require an employee to undergo testing. The training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and/or the use of controlled substances.

The Employer shall, under its own authority, require all supervisors and/or managers of non-safety-sensitive employees to undergo at least 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse, and 60 minutes of training on probable drug misuse. Such training is to educate supervisory staff in determining whether probable cause exists to require a non-safety-sensitive employee, under their supervision, to undergo a drug and/or alcohol test pursuant to this policy.

The Employer distributes this Drug and Alcohol Policy to all new employees during the probationary phase of employment. Upon receipt, each new employee must sign the “Acknowledgement of Receipt of the MBTA Drug and Alcohol Testing Policy” page, which will be maintained by Human Resources. Whenever available, email distribution and “read receipt” will be implemented by the Employer. Additionally, the Employer issues updates as needed by replacing specific pages, including the Appendices, or by redistributing the policy as a whole.

A copy of this policy is available in the Human Resources Department, Occupational Health Services Department, and the homepage of the MBTA intranet. This policy may be made available to other interested parties upon request.

The Employer provides training and individual counseling when necessary in order to help employees understand the policy, its applicable Federal Regulations, and their responsibility for complying with the policy. Additional educational materials are posted periodically in high traffic areas throughout the organization.

B. Prohibited Use of Alcohol

Federal regulations prohibit the following for DOT regulated employees:

1. Reporting for, or remaining on duty, requiring the performance of safety-sensitive functions, while having an alcohol concentration of 0.04 or greater;

2. No employer having knowledge that a driver/employee has an alcohol concentration of 0.04 or greater, shall permit the driver/employee to perform or continue to perform safety-sensitive functions;

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3. Consuming alcohol while performing safety-sensitive functions;

4. Performing safety-sensitive functions within four hours after consuming alcohol;

5. Consuming alcohol within eight hours after an accident or until the required test is administered, whichever occurs first, and;

6. During specified “on-call” hours.

On-call MBTA employees are prohibited from consuming alcohol during specific published on-call hours. Any MBTA employee not on the published on-call list who is called to report to duty shall have the opportunity to acknowledge the use of alcohol and the inability to perform his or her safety-sensitive function. If the MBTA employee has acknowledged the use of alcohol, but claims the ability to perform his/her safety-sensitive function, that employee is required to take and pass an alcohol test prior to performing any safety-sensitive functions. This test will be administered only if there is sufficient time within the work schedule for that day to complete any and all work activities without additional expenditure to the Employer. If the work cannot be completed due to the delay in testing, the next person on the on-call list shall be contacted and the process repeated.

DOT regulated employees found to have an alcohol concentration of 0.02 or greater but less than 0.04 will be immediately removed from safety-sensitive duties until: (1) The employee's alcohol concentration measures less than 0.02; or (2) The start of the employee's next regularly scheduled duty period, but not less than eight hours following administration of the test. The Employer under their own authority, will consider alcohol concentration of 0.02 or greater but less than 0.04 a positive test and will refer the employee to his/her Area for appropriate discipline.

See Part Two for MBTA discipline.

The Employer, under its own authority, also prohibits any employee from engaging in the following:

1. Consuming alcohol within four hours prior to reporting to work;

2. Consuming alcohol while on-call;

3. Reporting for, or remaining on duty while having an alcohol concentration of 0.02 or greater;

4. Consuming or possessing alcohol while on duty, (including breaks) or on the Employer’s premises or worksite.

This including prescription or over-the-counter medication containing alcohol without verification that the prescribed dosage of the medication will not have any adverse effects on the employee’s ability to perform his/her job;

5. Consuming alcohol within eight hours after an accident or until tested, whichever comes first.

No manager or supervisor having actual knowledge that any employee has misused alcohol in violation of this policy shall permit the employee to perform or continue to perform job duties including safety-sensitive functions. The employee shall be referred to OHS for a Reasonable Suspicion or Probable Cause test and a physical examination.

C. Prohibited Use of Controlled Substances/Illegal Drugs

Covered employees are prohibited from using the following drugs at all times: (1) Marijuana; (2) Cocaine; (3) Opioids;

(4) Amphetamines; and (5) Phencyclidine. No employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the employee uses any controlled substance, unless the following conditions have been met:

1. A licensed medical practitioner, as defined herein, has instructed and advised the employee that the substance will not adversely affect his/her ability to perform safety-sensitive functions; AND

2. The use of the controlled substance has been approved by OHS, with or without a job related restriction.

No manager or supervisor having actual knowledge that any employee has used a controlled substance shall permit the employee to perform or continue to perform job duties including safety-sensitive functions. The employee shall be referred to OHS for a Reasonable Suspicion test and a fitness for duty physical examination.

All MBTA employees in safety-sensitive positions must report their use of any Rx, OTC or alternative supplements (such as “natural or herbal remedies”) to OHS prior to performing safety-sensitive functions.

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D. Record Keeping

The Employer shall maintain employee drug and alcohol testing records in a secure and confidential manner, separate and apart from the employee’s personnel files, in accordance with the provisions of Title 49 CFR Parts 40 and 655.71.

E. Confidentiality and Right to Examine Drug and Alcohol Testing Results

Confidentiality of drug and alcohol test results will be maintained as required by 49 CFR Subpart P, §40.321-40.331, and 49 CFR Subpart H, 655.71.

An employee, upon written request is entitled to obtain copies of any records pertaining to the employee’s use of alcohol or controlled substances, including any of his/her alcohol or controlled substances tests. The Employer shall promptly provide the records requested by the employee. An employee’s access to his/her records shall not be contingent upon payment for records.

Individual test results may not be released to any other party or parties absent a specific written authorization by the tested person to release the results to others, except as follows:

1. Upon request of a Federal, (including any DOT agency), state or local safety agency with regulatory authority over the Employer or the employee;

2. When requested by the NTSB as part of a specific accident investigation;

3. The employee has been sent for testing under any of the circumstances outlined in this policy, and the Medical Review Officer (or designee) must inform the appropriate supervisory officials of a positive test result;

4. The Employer may disclose information in…