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| Policy Summary COATS Substance Abuse Program |
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- Program Objectives
- Minimize the duplication of effort created by the multiple substance abuse programs currently in place in the Tri-State area.
- Set a minimum standard for substance abuse policy in the Tri-State area.
- Improve construction safety performance.
- Encourage the adoption of this substance abuse policy by owners, contractors and other industry participants as a condition of employment on the owner's site.
- Policy
- Any contractor performing work for participating owners shall participate in the COATS "Substance Abuse Prevention and Drug Testing Program" as a minimum standard.
- Participating owners shall include the drug testing requirements in all bid documents and/or contract documents.
- Owners will require all contractor and/or subcontractor employees to have a valid COATS Substance Abuse Testing Card by October 1, 2003 to start or continue performing work on the owner's work site(s).
- Contractors will agree to provide verification to the owner that their employees and their subcontractors are complying with the COAT's drug testing program by October 1, 2003.
- Drug Testing Requirements
- Testing will be required for the following reasons:
- Pre-employment - for all employees who do not have a current COATS card to be able to work on an owner's site.
- Current employees/workers test
- Testing can begin on June 1, 2003 for the COATS program.
- Any current qualifying test that was done after January 1, 2003, can be submitted to the database as the initial test for this program.
- All employees must have a valid test in the database by October 1, 2003.
- Annual test - all employees must complete an annual test.
- Random - all employees are subject to all random testing required by the owner or contractor.
- The COATS policy requires all participating owners to conduct a minimum 5% annual random testing rate.
- Reasonable Suspicion - required for all employees meeting the suspicion based definition described in the policy.
- Post-accident/Incident - required when an employee is involved in any accident/incident or event that
- was caused by them either directly or indirectly.
- that results in treatment by a health care provider.
- or that resulted in damage to property, including any serious near-miss incident.
- Return-to-duty and Follow-up testing - required when the Substance Abuse Professional has determined the employee is fit for duty and eligible to return to work after a positive test or a refusal to test.
- Alcohol Testing Requirements
- May be required for random testing.
- May be required for reasonable suspicion testing.
- Required for post-accident testing.
- May be required for return-to-duty and follow-up testing.
- Consequences for failing a drug or alcohol test
- Employee's current COATS cards will become invalid.
- Contractors must immediately remove the employee from the owner's site.
- Employee must complete the rehabilitation steps outlined on P. 5 of the COATS policy to be eligible to retest and obtain a valid COATS card.
- Drug Testing Procedures
- Urine collections procedures will follow the same protocol used by DOT (Department of Transportation) as outlined in 49 CFR Part 40 unless otherwise stated in this policy.
- The drug test will test for the presence of the compounds listed in Appendix B (look alike DOT 5-panel) or Alternate Appendix B (9-panel) of the policy.
- Tests must use the cutoff limits listed in Appendix B or Alternate Appendix B of the policy.
- All specimens must be tested in SAMHSA laboratories certified by DHHS to include:
- An initial screening test.
- Confirmation testing by GCMS if the screening test is positive.
- Validity testing to determine if the specimen is diluted, adulterated or substituted.
- Medical Review Officer (MRO) Review - all tests must be reviewed by a certified MRO who meets DOT credential requirements.
- MROs must follow the protocol outlined under MRO procedures on P. 6 of the COATS policy.
- Drug Test Results
- Negative Result - employee is in compliance with the COATS program.
- Negative but Diluted Result - employee will be required to take another test.
- Employee will be given instructions on fluid intake to prevent a subsequent diluted result.
- A second diluted test without a medical explanation will be treated the same as a positive result.
- Positive Result - a result verified by the MRO as positive will require:
- Immediate removal from owner site.
- Completion of the steps outlined on P. 5 of the COATS policy to qualify for retesting to obtain a valid COATS card.
- Refusals to Test - all refusals to tests will be treated the same as a positive test. Specific details of what constitutes a refusal are listed on P. 7 of the COATS policy.
- Employee Retest Protocol
- Any employee testing positive may request to have their specimen retested should they feel an error was made in the testing of their specimen.
- The cost of the retest will be the responsibility of the employee.
- The request to have their specimen retested must be made through the MRO within 72 hours (3 days) of being informed of their positive result.
- The specimen must be tested in a SAMHSA laboratory.
- NOTE: This is not giving a new specimen for testing. This is a retest of the specimen that was reported as positive by the MRO.
- Alcohol Testing Procedures
- Tests for alcohol shall be performed using a breathalyzer instrument to determine a BAC (blood alcohol content).
- If possible, the instrument should conform to DOT standards.
- If a DOT conforming instrument is not available, then an equivalent test may be used.
- Failure to provide a sufficient breath sample to complete a breath test or refusing to provide a sample for an equivalent test will be considered a "refusal to test" and have the same consequences as a positive test.
- A test is considered positive if the confirmation test BAC is at or above a .040 and carries the same consequences as a positive drug test.
- If the confirmation test BAC level is at .020 through .039, the employee must be removed from the worksite for twenty-four hours or until the next scheduled on-duty time, whichever is longer.
- COATS Database and ID Card
- Any qualifying drug test performed after January 1, 2003 may be used to establish data entry into COATS database.
- All tests are valid for one year unless a subsequent test invalidates the employee's card.
- Contractors will be required to submit test results to the database for all tests required by COATS to include:
- Pre-employment, annual, random, reasonable suspicion, post-accident/incident, return-to-duty and follow-up tests.
- The employee's annual test date will automatically be updated with the entry of any qualifying negative test result.
- A COATS Substance Abuse Testing Card will be issued to each employee with the first negative test result.
- The card shall be valid as long as the person meets the testing requirements of the COATS program.
- Owner/Contractor responsibility to verify card validity
- If an employee or a pre-hire employee presents a current COATS Substance Abuse Testing Card, the validity of that card and the employee's current status must be verified with the COATS database by the owner/contractor for accurate current status of the employee.
- Card status can be verified by:
- Calling the database administrator - a toll-free number will be provided
- Accessing the secure web site of the database - user ID and passwords must be established with the database prior to use.
- Faxing a list of names, ID numbers to database for verification.
- Education and Training for Employees and Supervisors
- A designated employer representative of the contractor is responsible to communicate the substance abuse policy to all employees who will be required to comply with the COATS policy.
- It is recommended a written acknowledgement of receiving this information be on file for each employee.
- All contractors should provide training to all supervisors who are responsible for determining reasonable suspicion testing situations. This training should, at a minimum, meet the same requirements of DOT supervisor training.
- All contractors working on state funded projects are required to meet the training requirements set forth by the Ohio Bureau of Worker Compensation Drug Free Workplace Program. These requirements are detailed in a separate part of this packet.
- Auditing
- All participating owners or owner designee may require unannounced audits of the contractor/subcontractor's compliance with the COATS program.
- All participating owners or owner designee may also audit compliance of all on-site employees by providing the COATS database administrator with a listing of employee names or social security numbers to verify testing.
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