Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 30 - Division of Facilities Management, Design and Construction › Chapter 7 - Drug and Alcohol Testing Program Contractual Requirement › Section 1 CSR 30-7.010 - Drug and Alcohol Testing Program Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the basis and legal
				  requirements, contractual requirements, testing requirements, substance abuse
				  testing protocols, threshold limits, consequences of refusal to submit to
				  testing/confirmed positive results, reinstatement procedures, and compliance
				  determination for a drug and alcohol program pursuant to section
				  161.371,
				  RSMo Supp. 2010.
(1) Basis
				and Legal Requirements. In an effort to create safe and healthy schools and
				workplaces, the state of Missouri requires that contractors and subcontractors
				shall maintain and enforce a written substance abuse testing program for public
				works construction projects on public and charter elementary and secondary
				education construction projects that are subject to the control of the state of
				Missouri. This policy is not intended to be a substitute for the contractor's
				or subcontractor's complete written substance abuse policy. These requirements
				shall be the minimum requirements for complying with section
				161.371,
				RSMo, and may be supplemented at the discretion of the contractor or
				subcontractor.
The state of Missouri has a vital interest in protecting the
				  safety of students and maintaining safe, healthful, and efficient working
				  conditions for both the state's and its contractors' and subcontractors'
				  employees; and has determined that the educational and work environment is
				  safer and more productive without the presence of illegal or inappropriate
				  drugs, alcohol, or other substances in the body or on state property on which
				  any state elementary or secondary school is located or being constructed or
				  improved.
The use of illegal drugs, on or off duty, is inconsistent
				  with law-abiding behavior expected of all persons. The use of illegal drugs, or
				  abuse of alcohol or prescription drugs, may impair the ability of employees to
				  perform tasks that are critical to proper work performance. The result is an
				  increase in accidents and failures that pose a serious threat to the safety of
				  all students, employees, visitors, and the general public. Impaired employees
				  also tend to be less productive, less reliable, and prone to greater
				  absenteeism, resulting in the potential for increased cost and delays in the
				  timely completion of contracts.
(2) Contractual Requirements.
(A) Each contract entered into for the
				performance of work on any public and charter elementary and secondary
				education construction project subject to the control of the state of Missouri
				shall require that each contractor or subcontractor have in place a drug and
				alcohol testing program consistent with this rule. These contractual
				requirements shall apply to contractor and subcontractor employees on public
				and charter elementary and secondary education construction projects that are
				subject to the control of the state of Missouri. The contractor and all
				subcontractors shall comply with this contractual requirement. The state of
				Missouri shall determine, in its sole discretion, when this contractual
				requirement shall be applicable; and in such instances, any bid submitted in
				response to a request for proposal shall comply with this contractual
				requirement.
(B) In order to be
				eligible to perform work on public and charter elementary and secondary
				education construction projects that are subject to the control by the state of
				Missouri, a contractor must have and enforce a written drug and alcohol testing
				program incorporating the following testing requirements and terms and
				conditions applicable to all its employees and subcontractors. No employee or
				prospective employee of a contractor or subcontractor shall be permitted to
				work on public and charter elementary and secondary education construction
				projects that are subject to this rule unless such employee submits to testing
				as required by the contractual requirement required by this rule.
(C) Each contractor and each subcontractor
				subject to this rule shall train its supervisory employees in methods that will
				allow them to recognize the signs and symptoms of substance abuse and to take
				action provided by this contractual requirement in a manner consistent with
				generally accepted safety training procedures.
(D) Each contractor and each subcontractor
				subject to this rule is responsible for the cost of developing, implementing,
				and enforcing its drug and alcohol testing program, including the cost of drug
				and alcohol testing of its employees provided by the contractual requirement
				required by this rule.
(E) The
				contractor shall furnish a copy of its drug and alcohol testing program and
				certify that it and its subcontractors are in compliance with the provisions of
				this rule to the state of Missouri at the time it submits a bid for any
				contract with the state of Missouri for work on public and charter elementary
				and secondary education construction projects that are subject to the control
				of the state of Missouri. Each contract of the prime contractor with a
				subcontractor and each contract of a subcontractor of any tier with another
				subcontractor shall include as a condition of subcontracting a requirement that
				the subcontractor has an established drug and alcohol testing program as
				provided by this rule and that the subcontractor shall include the same
				contract condition in any subcontract it may enter with another subcontractor.
				Additionally, each subcontractor, and each subcontractor of any tier with
				another subcontractor, shall furnish a copy of its drug and alcohol testing
				program to the prime contractor prior to commencement of work on public and
				charter elementary and secondary education construction projects that are
				subject to this contractual requirement. The awarding contractor or the
				Division of Facilities Management, Design and Con-struction may reject a
				subcontractor's program as noncompliant with the contractual requirement
				required by this rule.
(F) For
				purposes of this rule, performance of work on any public and charter elementary
				and secondary education construction project subject to the control of the
				state of Missouri shall mean construction projects contracted by the Division
				of Facilities Management, Design and Construction, or construction projects
				administered by the Division of Facilities Management, Design and
				Construction.