Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.93-010 - Employee Drug Testing

Current through Register Vol. 49, No. 6, June, 2024
202
		  Employee Drug Testing
I.
AUTHORITY
:
The Board of Correction is vested with the authority to
			 promulgate Administrative Regulations by Act 50 of 1968, First Extraordinary
			 Session, as amended.
II.
PURPOSE
:
To establish the policy on drug testing for specified employees
			 of the Department of Correction and testing of applicants for
			 employment.
III.
APPLICABILITY
:
To the Director, Warden/Center Supervisors/Administrators, any
			 employee involved in the process of drug testing, all employees currently
			 employed by the Department of Correction, and all applicants for
			 employment.
IV.
DEFINITIONS
:
A.
Specified Employees
: Employees whose job duties may
		  require the use of a firearm; who are in contact with the general inmate
		  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, direct involvement in a serious accident and/or
		  disorientation;
2. A pattern of
		  abnormal conduct or erratic behavior; or
3. Information provided either by reliable
		  and credible sources or which is independently corroborated.
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/Unlawful Drug Use
: Any use of narcotics or
		  controlled substances not prescribed by a physician or any other medications
		  that may interfere with one's performance of duty; refers both to the use of
		  unlawful drugs such as cocaine and the unlawful use' of prescription
		  drugs.
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.
V.
POLICY
:
It shall be the policy of the Board of Correction that a drug
			 testing program be established for the testing of applicants and for the
			 testing of specified employees of whom there is reasonable suspicion that the
			 employee is under the influence of, or using, illegal and/or unlawful
			 controlled substances.
VI.
		  PROCEDURE:
A. Americans with Disabilities Act
The Americans with Disabilities Act provides that an individual
			 currently engaging in the illegal/unlawful 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 illegally using 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 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. Applicant Testing
1. Applicants 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 applicants shall be notified of the Department's drug
		  testing requirements and that they will be denied employment 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 applicant, a confirmation test
			 of the positive preliminary result may occur.
3. If the applicant refuses to sign the
		  consent form (F-202-1), the refusal shall be documented and the applicant 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 applicants 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.
B. 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 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 and as a result of an investigation
		  and/or hearing, just cause is established, disciplinary action shall be
		  imposed. 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 Program and
			 encourages employees to seek the confidential services of the assistance
			 program.
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.
C. . General Procedures
1. Employees shall be provided with a copy of
		  this Administrative Regulation and are required to sign the form (F-202-2)
		  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 maintained confidentially in a specified,
		  secure location.
4. Confirmed
		  positive urine samples shall be retained until the confirmation tests are
		  complete.
5. The Training Academy
		  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 Academy will coordinate the disbursement of any
			 updated materials on substance abuse to correctional supervisors and provide a
			 record of distribution.
D. 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 of Correction Approval Date: 7/30/93
Attorney General Review Date: 7/30/93
Date Filed Secy, of State: 7/30/93