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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>

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