Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.94-020 - Reg. 202

Current through Register Vol. 49, No. 6, June, 2024
DCP 3.2
DOC 202 Employee Drug Testing
I.
AUTHORITY
:
The Board of Correction and Community Punishment is vested with
			 the authority to promulgate Administrative Regulations by Act 50 of 1963, First
			 Extraordinary Session, as amended; Acts 548 and 549 of 1993, Regular Session
			 (Ark. Code Ann.
			 16-93-1203
			 and
			 12-27-105
			 of 1993) .
II.
PURPOSE
:
To establish the policy on drug testing for specified employees
			 of the Department of Correction/Community Punishment and testing of applicants
			 conditionally offered, employment.
III.
APPLICABILITY
:
To the Director, Deputy, Assistant Director, Warden/Center
			 Supervisors/Administrators, any employee involved in the process of drug
			 testing, all employees currently employed by the Department of
			 Correction/Community Punishment, and all applicants conditionally offered
			 employment.
IV.
DEFINITIONS
:
A.
Specified Employees
: Employees whose job duties may
		  require the use of a firearm; who are in contact with the general offender
		  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, and/or disorientation;
2. Information that an employee has caused or
		  contributed to a serious accident while on duty;
3. A pattern of abnormal conduct, erratic
		  behavior, or deterioration in work performance; or
4. Information of drug use provided by
		  reliable and credible sources and which has been independently corroborated and
		  documented.
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/Abuse of Drugs
: Any use of narcotics or
		  controlled substances not prescribed by a physician or abuse of legal drugs
		  that may interfere with one's performance of duty.
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.
H.
Offenders
: Persons sentenced to the Department of
		  Correction, persons sentenced to the Department of Correction for judicial
		  transfer to the Department of Community Punishment or persons confined in a
		  community punishment center as a condition of probation/ suspended imposition
		  of sentence, or post prison transfer.
V.
POLICY
:
It shall be the policy of the Board of Correction and Community
			 Punishment that a drug testing program be established for the testing of
			 applicants conditionally offered employment and for the testing of specified
			 employees of whom there is reasonable suspicion that the employee is under the
			 influence of, or using, illegal or controlled substances and/or abusing legal
			 drugs.
VI. PROCEDURE:
A. Americans with Disabilities Act
The Americans with Disabilities Act provides that an individual
			 currently engaging in the illegal 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 engaging in the illegal use of
			 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/Community Punishment 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. Testing of Individuals Conditionally
		  Offered Employment
1. Individuals 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 individuals
		  shall be notified of the Department's drug testing requirements and that the
		  conditional offer of employment will be withdrawn 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 individual, a confirmation test
			 of the positive preliminary result may occur.
3. If the individual refuses to sign the
		  consent form (F-202-1 or F-3.2-1), the refusal shall be documented and that
		  person 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 conditional hires
		  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.
C.
		  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 and documented 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, a hearing will be
		  conducted. Depending on the outcome of the hearing, 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 Referral
			 Program and encourages employees to seek this confidential service.
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.
D. General Procedures
1. Employees shall be provided with a copy of
		  this . Administrative Regulation and are required to sign the form (F-202-2 OR
		  F-3.2-2) 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 stamped "Confidential," sealed in a
		  envelope marked "Confidential" and mailed to-Central Office Personnel for
		  secure maintenance in the employee's personnel file.
4. Confirmed positive urine samples shall be
		  retained until the confirmation tests are complete.
5. The Training staff 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 Staff will coordinate the disbursement of any
			 updated materials on substance abuse to correctional supervisors and provide a
			 record of distribution.
E. Testing Procedures
Testing procedures to include but not limited to collection
			 &#9632; 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 Approval Date: 2/17/94
Reference: AD 93:25
Effective Date: 3/10/94
Supersedes: DCP 3.2 EMERG. DOC 20 2
Dated: 1/19/94 7/30/93