OFTC - FY13 Handbook A Unit of the Technical College ... - OFTC.edu
OFTC - FY13 Handbook A Unit of the Technical College ... - OFTC.edu
OFTC - FY13 Handbook A Unit of the Technical College ... - OFTC.edu
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<strong>OFTC</strong> - <strong>FY13</strong> <strong>Handbook</strong><br />
- 29 -<br />
notify <strong>the</strong> Medical Review Officer (MRO) <strong>of</strong> <strong>the</strong>ir desire<br />
to request a split sample “B” bottle challenge and<br />
subsequently change <strong>the</strong>ir mind, are responsible for<br />
<strong>the</strong> $300-$500 if <strong>the</strong>y do not contact <strong>the</strong> MRO within <strong>the</strong><br />
specified timeframe <strong>of</strong> <strong>the</strong>ir intent to cancel <strong>the</strong> request.<br />
Analytical urine drug testing and breath testing for alcohol may be<br />
conducted when circumstances warrant or as required by Federal<br />
regulations. While enrolled in <strong>the</strong> CTD program, all students shall<br />
be subject to drug testing, for reasonable suspicion, and following<br />
an accident as defined in <strong>the</strong> Post Accident Section <strong>of</strong> this policy.<br />
CTD students shall also be subject to drug and alcohol testing on<br />
a random, unannounced basis. Testing shall be conducted in a<br />
manner to assure a high degree <strong>of</strong> accuracy and reliability and<br />
using techniques, equipment, and laboratory facilities which have<br />
been approved by <strong>the</strong> U.S. Department <strong>of</strong> Health and Human<br />
Service (DHHS). All testing will be conducted consistent with <strong>the</strong><br />
proc<strong>edu</strong>res put forth in 49 CFR Part 40 as amended.<br />
Controlled Substance test will be a NIDA 5 split specimen. The<br />
drugs that will be tested for include marijuana, cocaine, opiates,<br />
amphetamines, and phencyclidine. An initial drug screen will be<br />
conducted on each urine specimen. For those specimens that are<br />
positive, a confirmatory Gas Chromatography/Mass Spectrometry<br />
(GC/MS) test will be performed. The test will be considered<br />
positive if <strong>the</strong> amounts present are above <strong>the</strong> minimum thresholds<br />
established in 49 CFR Part 40, as amended. In instances where<br />
<strong>the</strong>re is a reason to believe a student is abusing a substance<br />
o<strong>the</strong>r than <strong>the</strong> five drugs listed above, <strong>OFTC</strong> reserves <strong>the</strong> right<br />
to test for additional drugs under its own authority using standard<br />
laboratory testing protocols.<br />
Tests for breath alcohol concentration will be conducted utilizing a<br />
National Highway Traffic Safety Administration (NHTSA) approved<br />
testing device operated by a trained technician. If <strong>the</strong> initial test<br />
indicates an alcohol concentration <strong>of</strong> 0.02 or greater, a second<br />
test will be performed to confirm <strong>the</strong> results <strong>of</strong> <strong>the</strong> initial test. The<br />
confirmatory test will be performed using a NHTSA approved<br />
evidential breath testing device (EBT) operated by a trained<br />
breath alcohol technician.<br />
Any CTD student that has a confirmed positive drug or alcohol<br />
test will be dismissed from <strong>the</strong> CTD program, and informed <strong>of</strong><br />
<strong>edu</strong>cational and rehabilitation programs available. <strong>OFTC</strong> affirms<br />
<strong>the</strong> need to protect individual dignity, privacy, and confidentiality<br />
throughout <strong>the</strong> testing process. The privacy <strong>of</strong> individuals taking<br />
<strong>the</strong>se tests will be maintained consistent with policies <strong>of</strong> <strong>OFTC</strong>,<br />
and records will be maintained by <strong>the</strong> college. No student will be<br />
notified <strong>of</strong> any results until his/her identity has been verified.<br />
Student Requested Testing<br />
Any CTD student who questions <strong>the</strong> results <strong>of</strong> a required drug<br />
test may request that <strong>the</strong> split sample be tested. The student has<br />
to request <strong>the</strong> split specimen be sent to ano<strong>the</strong>r DHHS-certified<br />
laboratory for analysis. The test must be conducted on <strong>the</strong> split<br />
sample that was provided by <strong>the</strong> student at <strong>the</strong> same time as <strong>the</strong><br />
original sample. All costs for such testing are paid by <strong>the</strong> student.<br />
The method <strong>of</strong> collecting, storing, and testing <strong>the</strong> split sample will<br />
be consistent with <strong>the</strong> proc<strong>edu</strong>res set forth in 49 CFR Part 40, as<br />
amended.<br />
Students who test positive will be contacted by <strong>the</strong> Medical<br />
Review Officer. If <strong>the</strong> student is unavailable and an answering<br />
machine is available, a message will be left with a telephone<br />
number for <strong>the</strong> student to return <strong>the</strong> call. If no contact is made,<br />
<strong>the</strong> Medical Review Officer will attempt to call <strong>the</strong> student several<br />
times. If unsuccessful, <strong>the</strong> MRO will contact <strong>the</strong> designated<br />
<strong>OFTC</strong> Academic Affairs Office with <strong>the</strong> results. The student’s<br />
request for a split sample test must be made to <strong>the</strong> MRO within<br />
72 hours <strong>of</strong> notice <strong>of</strong> <strong>the</strong> original sample verified test result. The<br />
request may be verbal or in writing. Requests after 72 hours will<br />
only be accepted if <strong>the</strong> delay was due to documentable facts that<br />
were beyond <strong>the</strong> control <strong>of</strong> <strong>the</strong> student. Failure to respond to <strong>the</strong><br />
MRO regarding drug/alcohol test results will result in a positive<br />
reading which will result in dismissal from <strong>the</strong> program.<br />
Pre-Employment Drug Testing<br />
All CTD students will undergo testing for <strong>the</strong> presence <strong>of</strong> drugs.<br />
After acceptance into <strong>the</strong> program, students will be notified when<br />
to report for drug/alcohol testing.<br />
Students will be required to submit voluntarily to a urinalysis test,<br />
and by signing consent agreement attached to this policy will<br />
release <strong>OFTC</strong> from liability. The cost for this test will be paid by<br />
<strong>the</strong> student.<br />
Reasonable Suspicion Testing<br />
All CTD students may be subject to a “fitness for school”<br />
evaluation, and urine and/or breath testing when <strong>the</strong>re are<br />
reasons to believe that drug or alcohol use is adversely<br />
affecting class performance. A reasonable suspicion referral<br />
for testing will be made on <strong>the</strong> basis <strong>of</strong> documented objective<br />
facts and circumstances which are consistent with <strong>the</strong><br />
short-term effects <strong>of</strong> substance abuse or alcohol misuse.<br />
Examples <strong>of</strong> reasonable suspicion include, but are not limited<br />
to, <strong>the</strong> following:<br />
1. Physical signs and symptoms consistent with prohibited<br />
substance use or alcohol misuse.<br />
2. Evidence <strong>of</strong> <strong>the</strong> manufacture, distribution, dispensing,<br />
possession, or use <strong>of</strong> controlled substances, drugs,<br />
alcohol, or o<strong>the</strong>r prohibited substances.<br />
3. Occurrence <strong>of</strong> a serious or potentially serious accident<br />
that may have been caused by prohibited substance<br />
abuse or alcohol misuse.<br />
4. Fights (to mean physical contact), assaults, and flagrant<br />
disregard or violations <strong>of</strong> established safety, security, or<br />
o<strong>the</strong>r operating proc<strong>edu</strong>res.<br />
Reasonable suspicion referrals must be made by an <strong>OFTC</strong><br />
administrator and/or instructor who is trained to detect <strong>the</strong><br />
signs and symptoms <strong>of</strong> drug and alcohol use and who<br />
reasonably concludes that a student may be adversely<br />
affected or impaired in his/her classroom performance due to<br />
possible prohibited substance abuse or alcohol misuse. If <strong>the</strong>