Common use of Drug and Alcohol Testing Programs Clause in Contracts

Drug and Alcohol Testing Programs. This Article contains the procedures and arrangements for drug and alcohol testing of employees and applicants as required by Executive Order 12564 and Omnibus Transportation Employee Testing Act of 1991 as amended (Public Law 102-143). The testing program will be administered in compliance with Public Law 100-71, and the Health and Human Service (HHS) Mandatory Guidelines, and the Department of Transportation Regulations, 49 CFR Parts 382 and 40, USDA Department Regulation (DR) 0000-000-0, and the USDA Plan for a Drug Free Workplace. • Marijuana (dope, herb, pot, hashish, hash, grass, weed, smoke) – A frequent user of marijuana will remain positive for 3-4 weeks after the last use of the drug. Prescriptions for medical marijuana will not be accepted as justification for a positive test for marijuana. • Cocaine (coke, crack) – Cocaine use generally can be detected within 24-48 hours of use. • Phencyclidine (PCP, angel dust) • Opiates (heroin, morphine – “designer drugs”) • Opioids - Oxycodone, Oxymorphone, Hydrocodone, Hydromorphone (OxyContin, Vicodin, Percocet, Dilaudid) • Amphetamines (speed, bennies, uppers, methamphetamine) • Alcohol (testing only under DOT regulations): Blood alcohol content, above 0.04 as determined by breath testing, shall be deemed a positive test. 1. Identification of Test Designated Positions (TDP): Management has the right to designate positions for applicant and random drug and alcohol testing (Test Designated Position or TDP). A. TDPs shall be only those positions that have duties and responsibilities documented in the position description, reflecting the assignment of actual work, which make the position subject to applicant and random testing. National Parties may agree to documentation other than the Position Description to identify TDPs. Employees may be designated for testing by: 1. Executive Order TDPs. Positions listed in Appendix A of the USDA DR4430-792-2, and/or 2. Department of Transportation TDPs. Position descriptions that include the operation of vehicles requiring the possession of a Commercial Driver’s License (CDL) are designated as TDPs. The Forest Service will not apply state CDL testing exemptions available under Department of Transportation (DOT) regulations; that is, USDA and Forest Service testing requirements take precedence over any State or local laws to the contrary. B. Changes to Existing Positions: Management will notify an employee of any change in their TDP status. If an employee’s position is newly included in the random testing program, or if the employee is detailed to a TDP, they are entitled to 30-days written notice prior to being subject to random testing, (not withstanding reasonable suspicion and post-accident testing). C. An employee’s TDP status will be reviewed by the supervisor and the employee annually at the time of the performance review for the purpose of determining if the testing designation is still appropriate. D. An employee may contest their TDP status through the grievance/arbitration procedures. An employee who has filed a grievance prior to being called for a random drug or alcohol test may receive a testing deferral until a final grievance/arbitration decision is made. This deferral does not apply to Reasonable Suspicion or Post-Accident testing. E. An employee who is not in a designated TDP may volunteer for inclusion in the Executive Order or Department of Transportation drug-testing program. Volunteers remain in the testing pool for the duration of the position which the employee holds, or until the employee withdraws from participation by notifying in writing their supervisor of such intent before being notified of a scheduled test.