Section 6-B3906. MANDATORY DRUG AND ALCOHOL TESTING FOR SAFETY-SENSITIVE POSITIONS: TESTING METHODOLOGY

 

3906.1Testing for illegal drug use shall be conducted by collecting a urine sample from the individual being tested.

 

3906.2Testing for alcohol use shall be conducted utilizing an evidentiary breath-testing device or EBT, commonly referred to as a “breathalyzer.”

 

3906.3The vendor or vendors selected to conduct the testing shall conduct the breathalyzer test for alcohol use; or collect urine specimens on site for drug testing at a location designated by each personnel authority for such purposes.

 

3906.4In the case of drug testing, the vendor shall split each sample and perform enzyme-multiplied-immunossay technique (EMIT) testing on one (1) sample and store the split of that sample. A positive EMIT test shall be confirmed by the vendor, using the gas chromatography/mass spectrometry (GCMS) methodology.

 

3906.5The appropriate personnel authority shall notify, in writing, any appointee or employee in a safety-sensitive position found to have a confirmed positive urinalysis test result.  The appointee or employee may then authorize that the stored sample be sent to another HHS-certified laboratory of his or her choice, at his or her expense, for a confirmation, using the GCMS testing method.

 

3906.6Probable cause or reasonable suspicion and post-accident employee testing shall follow the same procedures set forth in this section.  In the case of a reasonable suspicion referral, as confirmed by a second supervisor, or a post-accident employee, a supervisor shall escort the employee to the vendor’s test site for specimen collection or a breathalyzer.

 

3906.7In the event that a covered employee may require medical care following an accident, medical care shall not be delayed for the purpose of testing.

 

3906.8A breathalyzer test shall be deemed positive if the vendor determines that one (1) milliliter of the employee’s breath (consisting of substantially alveolar air) contains .38 micrograms or more of alcohol.