BONNEVILLE POWER ADMINISTRATION

**HUMAN RESOURCES**

**Portland, Oregon**

**PERSONNEL LETTER NO. 793-1 (Rev.) DATE:** July 23, 2004

**SUBJECT:** Alcohol Testing Implementation Plan

# I. PURPOSE

This Personnel Letter implements Department of Transportation
regulations requiring the implementation of alcohol testing procedures
effective January 1, 1995. This program is established to ensure that
employees who operate a commercial motor vehicle, or aviation employees
whose positions require a Federal Aviation Administration Certificate
and who perform safety-sensitive duties, are not impaired by alcohol. It
also aids in identifying any employee who is:

A. Suffering from alcoholism;

B. Violating the Department of Transportation rule that employees
operating equipment requiring a Commercial Driver's License (CDL)
abstain from consuming alcohol from any source for at least 4 hours
prior to duty as well as work periods, including meal breaks and
work-related activities; and/or

C. Violating the Federal Aviation Administration rule that aviation
employees whose positions require a Federal Aviation Administration
Certificate and who perform safety-sensitive duties, abstain from
consuming alcohol from any source for at least

> 8 hours prior to duty as well as work periods, including meal breaks
> and work-related activities.

## II. PURPOSE OF REVISION

This Personnel Letter revises Personnel Letter 793-1, dated May 10,
1999, to remove Celilo Maintenance Electrician and Electrical T&D
Craftsman jobs from coverage, and to clarify the voluntary coverage of
Construction Electricians (including Ross Complex Electricians) and
Cable Splicers. It also revises the protocol and the action to be taken
in connection with positive breath alcohol test for employees whose
positions require a Federal Aviation Administration Certificate,
consistent with revised regulations that apply to BPA.

## III. COVERAGE

The provisions of this program apply to employees in: (1) jobs that
require a CDL; (2) Cable Splicer, Construction Electrician (including
Ross Complex Electrician), and Construction Electrician Foreman I/II
jobs if the employees voluntarily maintain a CDL and for as long as they
choose to do so; and (3) jobs/positions that require a Federal Aviation
Administration Certificate. Appendix A (attached) contains a list of
these positions.

## IV. REFERENCES AND RELATED INFORMATION

A. [Authorities]{.underline}

-   Omnibus Transportation Employee Testing Act of 1991

-   49 CFR, Part 382, Controlled Substances and Alcohol Use and Testing

-   14 CFR, Part 61, Certification: Pilots and Flight Instructors

-   14 CFR, Part 63, Certification: Flight Crew-Members Other than
    Pilots

-   14 CFR, Part 91, General Operations and Flight Rules

-   14 CFR, Part 121, Certification and Operations

-   14 CFR, Part 135, Air Taxi Operators and Commercial Operators

-   5 U.S.C., Chapter 552a, Records Maintained on Individuals

B. [Related Information]{.underline}

-   BPA Manual Chapter 400/700A, Employee Relations Program

-   Personnel Letter 752-1, Discipline, Adverse Actions, and Alternative
    Discipline

-   Management Assistance Services Handbook, Chapter 13, Alcohol and
    Drug Issues

### V. POLICY

BPAM Chapter 400/700A, Employee Relations Program, contains BPA's policy
regarding alcohol testing. In general, all testing procedures must
comply with Department of Transportation regulations.

## VI. NOTIFICATION

Employees covered by this procedure will be notified in writing, 30 days
in advance, that they will be subject to alcohol testing. Upon receipt
of the notice, the employee, or his/her supervisor/foreman, will certify
that the written notification has been received. A copy of that receipt
will be returned to the Alcohol Testing Program Coordinator who will
retain it for the duration of the employee's employment in an occupation
covered by alcohol testing.

## VII. GENERAL REQUIREMENTS

> A. [Operation of Equipment Requiring a CDL or Performance of
> Safety-Sensitive Duties by Aviation Employees]{.underline}
>
> In general, Department of Transportation regulations prohibit covered
> employees from performing safety-sensitive functions (i.e., the
> operation of equipment requiring a CDL, or the performance of
> safety-sensitive duties by an employee whose position requires a
> Federal Aviation Administration Certificate):
>
> 1\. When test results indicate an alcohol concentration of 0.02 or
> greater;
>
> 2\. Within 4 hours of using alcohol, for employees operating equipment
> requiring a CDL;
>
> 3\. Within 8 hours of using alcohol, for aviation employees performing
> safety-sensitive duties;
>
> 4\. While using alcohol on the job;
>
> 5\. During 8 hours following an accident if their involvement, while
> performing safety-sensitive functions, has not been eliminated as a
> contributing factor in the accident or until they are tested;
>
> 6\. If they refuse to submit to required alcohol tests; and/or
>
> 7\. While in the possession of alcohol, unless the alcohol is
> manifested and transported as part of the shipment.

Any of these situations will result in an employee being tested before
being permitted to perform a safety-sensitive function.

B. [Action Based on Positive Test Result]{.underline}

1\. For employees operating equipment requiring a CDL, a confirmed test,
using an evidential breath-testing device, of 0.02 alcohol concentration
or higher is considered an impairment. A confirmed test result of 0.02
to 0.039 alcohol concentration will result in the employee being removed
from safety-sensitive functions and disciplinary action being
considered. A confirmed test of 0.04 alcohol concentration or higher
will result in the employee being removed from the workplace and
disciplinary action being proposed based upon misuse or abuse of alcohol
and violation of Department of Transportation regulations.

2\. If an employee whose position requires a Federal Aviation
Administration Certificate has an alcohol concentration level of 0.02 or
higher, but less than 0.04, using an evidential breath-testing device,
they will be asked to wait 15-30 minutes for a confirmation test. If the
confirmation test is still 0.02 but less than 0.04, the employee will be
asked to go home for the day, but it is not considered a violation. A
confirmed test of 0.04 alcohol concentration or higher is considered a
violation and will result in the employee being removed from the
workplace and disciplinary action being proposed based upon misuse or
abuse of alcohol and violation of Federal Aviation Administration (FAA)
regulations.

**VIII. POST-ACCIDENT TESTING**

A. Post-accident testing is required when an employee is involved in an
accident in which a person has been fatally injured, or the employee has
received a citation for a moving traffic violation arising from the
performance of safety-sensitive functions with respect to the accident.

B. A decision to not administer a test must be based on a determination
using the best information available at the time that a human being did
not die, or that the employee driver was not cited for a moving traffic
violation arising from the accident.

C. In lieu of administering a post-accident test, a breath test or blood
test may be used that was administered by on-site police or public
safety officials under separate authority.

D. If the alcohol test is not administered within 2 hours following the
accident, the supervisor shall prepare a record as to why the test was
not promptly administered. If a test required by this section is not
administered within 8 hours following the accident, the supervisor shall
cease attempts to administer an alcohol test and shall prepare a record
as outlined above.

**IX. RANDOM TESTING**

A. Employees shall be randomly selected by the Department of Energy
using a statistically valid method.

B. On the day of the testing, the supervisor will notify the employee
shortly before the test that he/she will be subject to a breath test for
the presence of alcohol. At the same time, the employee shall also
receive written notification from the BPA Alcohol Testing Program
Coordinator. The test will be performed by a Breath Alcohol Technician
who is certified to conduct the test and will be conducted at a facility
in the proximity of the employee's duty station or at their duty station
just prior to, during, or immediately following the performance of
safety-sensitive functions.

**X. REASONABLE SUSPICION TESTING**

A. Employees are subject to alcohol testing if a supervisor or other
appropriate management official has reason to believe that the employee
is impaired by alcohol.

B. A determination that reasonable suspicion exists must be based upon
specific contemporaneous observations that can be put into writing
concerning behavior, speech, or body odors of the employee, including
the time, date, and place where the determination was made.

C. An employee may be directed to only undergo reasonable suspicion
testing while the employee is performing safety-sensitive functions,
just before the employee is to perform safety-sensitive functions, or
just after the employee has ceased performing safety-sensitive
functions.

D. Efforts shall be made to conduct reasonable suspicion testing as soon
as practicable. The BPA Alcohol Testing Program Coordinator will assist
the supervisor with arrangements for the test to be conducted.

1\. If the test is not conducted within 2 hours following the
determination that testing is warranted, the supervisor shall prepare a
written record stating the reasons that the test could not be promptly
administered. A copy of that statement, signed by the supervisor, shall
be sent to the BPA Alcohol Testing Program Coordinator, where it will be
filed.

2\. If reasonable suspicion testing is not administered within 8 hours
following a determination of reasonable suspicion, efforts to conduct
the test will cease and the reason stated in writing as outlined is
X.B., above.

E. Notwithstanding the absence of reasonable suspicion test, no employee
shall report for duty or remain on duty requiring the performance of
safety-sensitive functions while the employee is impaired by alcohol.

F. Before an employee, who has been tested under this section with a
resulting alcohol concentration of 0.04 or greater, returns to duty
requiring the performance of safety-sensitive duties, the employee shall
undergo a return-to-duty test with the result indicating an alcohol
concentration of less than 0.02, or 24 hours must elapse following the
reasonable suspicion determination.

G. Reasonable suspicion determinations shall only be made by a
supervisor or other BPA official who has received at least 1 hour of
training concerning the physical, behavioral, speech, and performance
indicators of alcohol misuse.

**XI. RETURN-TO-DUTY TESTING**

An employee having a tested alcohol concentration of 0.04 or higher
shall undergo a return-to-duty alcohol test before performing
safety-sensitive functions. The results of that test would need to show
an alcohol concentration of less than 0.02.

**XII. FOLLOW-UP TESTING**

Following a determination by a substance abuse professional that an
employee is in need of assistance in resolving problems associated with
alcohol misuse, the employee is subject to unannounced follow-up
testing. The follow-up alcohol testing shall be conducted only when the
employee is performing safety-sensitive functions, just before the
employee is performing safety-sensitive functions, or just after the
employee has ceased performing safety-sensitive functions.

**XIII. SUPERVISORY TRAINING**

Supervisors and other appropriate managers who may have a need to
determine whether reasonable suspicion exists and, therefore, require an
employee to undergo reasonable suspicion testing, must receive at least
60 minutes of training on alcohol misuse. This includes all Foreman I,
II, and III employees, Aircraft Services Machinist Foreman, as well as
Chief Operator III employees, and the Aircraft Services Manager.

**XIV. RECORDKEEPING**

Retention of records will be consistent with Department of
Transportation regulations.

Godfrey C. Beckett

Manager, Human Resources, Diversity, and EEO

Attachment

**APPENDIX A**

**JOBS/POSITIONS COVERED BY ALCOHOL TESTING PROGRAM**

Note: The provisions of this alcohol testing program apply to all
employees in jobs and positions listed in the table below.

In addition to the jobs listed below, employees in the following jobs
are also covered if they voluntarily maintain a CDL for as long as they
choose to do so: Cable Splicer; Construction Electrician (including Ross
Complex Electricians); and Construction Electrician Foreman I/II.

+-----------------------------------+-----------------------------------+
| -   Aircraft Coordinator          | -   Heavy Mobile Equipment        |
|                                   |     Mechanic (Field)              |
+-----------------------------------+-----------------------------------+
| -   Aircraft Patrol Observer      | • Heavy Mobile Equipment Mechanic |
|                                   |                                   |
|                                   | (1-Mechanic Shop)                 |
+-----------------------------------+-----------------------------------+
| -   Airplane Pilot                | -   Heavy Mobile Equipment        |
|                                   |     Mechanic Foreman I (Ross)     |
+-----------------------------------+-----------------------------------+
| -   Aircraft Machinist            | -   Heavy Mobile Equipment        |
|                                   |     Mechanic Foreman I (Field)    |
+-----------------------------------+-----------------------------------+
| -   Aircraft Services Manager     | -   Heavy Mobile Equipment        |
|                                   |     Mechanic Foreman III          |
+-----------------------------------+-----------------------------------+
| -   Crane Operator                | -   Heavy Mobile Equipment        |
|                                   |     Mechanic Apprentice          |
+-----------------------------------+-----------------------------------+
| -                                 | -   Heavy Mobile Equipment        |
|                                   |     Mechanic Helper (Ross)        |
+-----------------------------------+-----------------------------------+
| -   Electrician (Maintenance)     | -   Heavy Mobile Equipment        |
|     (Does not                     |     Mechanic Helper (Field)       |
|                                   |                                   |
| apply to Electricians at Celilo)  |                                   |
+-----------------------------------+-----------------------------------+
| -   Electrician Apprentice       | -   Helicopter Pilot              |
+-----------------------------------+-----------------------------------+
| -                                 | -   Heavy Truck Driver            |
+-----------------------------------+-----------------------------------+
| -   Electrician Foreman I, II,    | -   Heavy Truck Driver Trainee    |
|     III\                          |                                   |
|     (Maintenance.) (Does not      |                                   |
|     apply to Electricians at      |                                   |
|     Celilo)                       |                                   |
+-----------------------------------+-----------------------------------+
| -   Electrician Helper            | -   Hydrolift Operator            |
+-----------------------------------+-----------------------------------+
| -   Electrical Mechanical Worker  | -   Line Equipment Operator A and |
|                                   |     B                             |
+-----------------------------------+-----------------------------------+
| -   Electrical Rigger Foreman I,  | -   Lineman                       |
|     II, III                       |                                   |
+-----------------------------------+-----------------------------------+
| -                                 | -   Lineman Apprentice           |
+-----------------------------------+-----------------------------------+
| -                                 | -   Lineman Foreman I, II, III    |
+-----------------------------------+-----------------------------------+
| -                                 | -   Rigger                        |
+-----------------------------------+-----------------------------------+
| -                                 | -   Rigger Apprentice            |
+-----------------------------------+-----------------------------------+
| -   Groundsman                    | -   Rigger Truck Driver           |
+-----------------------------------+-----------------------------------+
| • Heavy Equipment Operator        | -   Truck Foreman IA, III         |
+-----------------------------------+-----------------------------------+
| • Heavy Equipment Operator        | • Truck Driver IB                 |
|                                   |                                   |
| Trainee                          |                                   |
+-----------------------------------+-----------------------------------+
| • Heavy Mobile Equipment Mechanic | • Welder                          |
+-----------------------------------+-----------------------------------+
| • Heavy Mobile Equipment Mechanic | • Welder Foreman I                |
|                                   |                                   |
| (Ross)                            |                                   |
+-----------------------------------+-----------------------------------+

 Employees in these occupations are subject to the terms of this
program upon receiving a Commercial Driver's License.

 These positions are included on a case-by-case basis.