TABLE OF CONTENTS

PURPOSE

This Department Order establishes a standard for the Department to maintain a drug and alcohol free workplace. To promote the health and safety of its employees the Department has established random mandatory drug testing for designated safety-security sensitive positions and includes post offer testing as a condition of employment.

RESPONSIBILITY

Department employees and management share in the responsibility of ensuring that the workplace is free from drugs and alcohol. Use of illegal drugs, abuse of prescription drugs, and alcohol abuse shall not be tolerated. All employees are subject to reasonable suspicion drug and alcohol testing.

The Department shall provide applicants/volunteers with general information regarding the drug screen requirement during recruitment or advertisement for designated positions. Newspaper advertisements, Arizona State Service Job Opportunity Announcements, job application forms and job fair notices for designated positions shall include a statement regarding the drug testing requirement.

The Procurement Services Bureau and Program Managers shall ensure that all applicable contracts with the Department include a statement which requires contractors and volunteers to comply with the Department's drug and alcohol testing program.

The Private Prison Contract Monitor shall ensure that the private prison employee drug and alcohol testing program is approved by the Director and is in accordance with the Department contract.

PROCEDURES

522.01 TESTING GUIDELINES

1.1 Testing shall be conducted for:

1.1.1 Post offer drug testing for designated position shall include:

1.1.1.1 New and direct hires, which also include part-time hires.

1.1.1.2 Reinstatement and re-employment.

1.1.1.3 Promotional.

1.1.1.4 Competitive detail to special duty.

1.1.1.5 Extensions to non-competitive detail to special duty.

1.1.1.6 Volunteer and religious service providers.

1.1.2 Reasonable suspicion drug and/or alcohol testing.

1.1.3 Designated position, drug testing on a random basis.

1.2 The Department shall test for the following classes of drugs.

1.2.1 Marijuana.

1.2.2 Cocaine.

1.2.3 Amphetamines/Methamphetamine.

1.2.4 Opiates.

1.2.5 Phencyclidine (PCP).

1.3 The testing methods required by the Department include:

1.3.1 Drug Testing - A urine specimen is provided by the employee, applicant or volunteer to a contracted certified collector.

1.3.2 Alcohol Testing - To be performed by a contracted certified Breath Alcohol Technician using breath testing equipment or performed by a Arizona Department of Health Services (ADHS) approved operator, procedures and evidentiary devices.

1.4 Employment Application - Competitive Job Opportunity Announcements and Advertisements for designated positions shall advise applicants and volunteers that a drug test shall be required, which shall be used to screen for illegal drug use, and that an offer of employment is conditional upon a negative drug test.

522.02 DRUG/ALCOHOL TESTING GENERAL INFORMATION

1.1 Applicant/Volunteer Drug Testing Requirement - Following a conditional offer of employment, and prior to assuming the duties of the position, applicants and volunteers shall receive official notice of the drug test requirement from the Employment Unit or Volunteer Coordinator. Applicants and volunteers shall be directed to report for drug testing.

1.1.1 The applicant/volunteer shall sign the Pre-employment Drug Test Consent and Release of Liability, Form 522-1P, prior to testing.

1.1.2 When being scheduled for a drug test, the applicant/volunteer shall:

1.1.2.1 Be advised that the Department shall pay for the cost of drug testing.

1.1.2.2 Be advised of the Department's drug testing procedures upon receipt of a conditional offer of employment.

1.1.2.3 Be advised that the required drug test shall be taken within 48 hours of being notified to report to a collection facility.

1.1.2.4 Be directed to a collection facility and may be required to take the laboratory chain-of-custody form (Attachment B or C) provided by the Employment Unit to the collection site.

1.1.2.5 Be advised that the results of their drug test shall be forwarded directly to the Drug-Free Workplace Administrator.

1.1.3 Employment or a final employment offer may be denied as a result or combination of:

1.1.3.1 A confirmed positive drug test.

1.1.3.2 Refusal to submit to a drug test or to sign the consent forms.

1.1.3.3 Tampering with any part of the drug testing process, to include records and/or the specimens.

1.1.3.4 Providing an adulterated or substituted specimen.

1.1.3.5 Providing two consecutive diluted specimens.

1.1.3.6 Failure of the applicant/volunteer to report for a drug test at the scheduled time or for any unreasonable delay in reporting to the collection site.

1.1.3.7 Failure to provide sufficient urine for testing.

1.1.3.8 Refusal to allow the collection site person to measure his/her body temperature when the temperature of the urine is outside the acceptable temperature range.

1.2.2 Volunteer Applicants who do not report for the drug test within the mandatory 48 hour period and:

1.2.2.1 Have an acceptable reason for not reporting shall contact the Pastoral Activities Administrator within 72 hours for review and rescheduling. The Pastoral Activities Administrator may approve a second opportunity for a volunteer applicant to take a drug test, after reviewing the reason(s) for not reporting.

1.2.2.1 Do not have a legitimate and acceptable reason for failing to report shall be given an opportunity to re-apply after 30 calendar days from the date of the application denial.

1.2.3 Copies of section 522.02, 1.2.2 and the Pastoral Activities Administrator’s telephone number shall be included with the list of Southwest Laboratories collection sites given to each volunteer applicant at the time the individual is advised to report for the drug test.

1.2.4 Re-application shall not be considered if the individual has attempted to alter or tamper with the drug test or provide an adulterated or substituted specimen.

1.3 Drug Test Results - Automated test results shall be maintained by the Drug-Free Workplace Administrator.

1.3.1 If an applicant is denied employment due to reasons outlined in section 522.02, 1.1.3, the Personnel Services Bureau or Employment Unit shall notify the applicant in writing that the conditional offer of employment is revoked.

1.3.2 The Employment Unit shall track applicants who have been denied employment to ensure that re-application time frames are met.

1.3.3 Volunteers who have been denied a volunteer position shall be notified in writing by the Pastoral Activities Administrator that the conditional offer of employment is revoked.

1.3.4 The Pastoral Activities Administrator shall track applicants who have been denied employment to ensure that re-application time frames are met.

1.3.5 The Drug-Free Workplace Administrator shall notify the appropriate Warden or Bureau Administrator of test results.

1.4 Designated Positions - Employees, volunteers or prospective employees applying for or working in the following areas are subject to testing.

1.4.1 Designated positions encompass safety-security sensitive positions, which are assigned within the institutions and include positions where an employee has regular and frequent access to the inmate population in order to perform their job duties and responsibilities. These employees shall be assigned to positions which involve one or more of the following.

1.4.1.1 Work inside the secure perimeter of an institution.

1.4.1.2 Directly supervise inmate(s) work activities.

1.4.1.3 Responsible for or involved in the transportation of inmates.

1.4.1.4 Assigned to an armed post.

1.4.1.5 Required to possess a commercial drivers license by federal and/or state law.

1.4.2 Designated positions also include employees who:

1.4.2.1 Are certified as a Limited Correctional Peace Officer.

1.4.2.2 Carry a weapon pursuant to Arizona Peace Officer Standards and Training as a peace officer.

1.4.2.3 Are assigned to positions authorized by the Director to carry a weapon.

1.4.3 Post Offer Drug Testing.

1.4.3.1 An employment offer is conditional upon the applicant for a designated position or a volunteer successfully passing the required drug test.

1.4.3.2 Upon award of a contract or contract renewal, contractors shall have contractor applicants and/or volunteers drug tested who meet the criteria as outlined in section 522.02, 1.4.

1.5 Random Testing - Employees in designated positions shall be subject to random drug testing and shall be notified as outlined in section 522.03.

1.5.1 Information from the Department of Administration Human Resource Management System and the positions designated to be drug tested by the Director shall serve as the basis for the designated positions.

1.5.2 Volunteers and volunteer service providers in designated positions shall be subject to Department random drug testing.

1.5.3 Upon award of a contract or contract renewal, contractors shall have a random drug testing program in place for contractor employees who meet the criteria of a designated position as outlined in section 522.02, 1.4.

1.5.4 Annually, a percentage of the employee and volunteer population in designated positions shall be selected for testing. These percentages shall be determined by the Director.

1.5.5 The Drug-Free Workplace Administrator shall:

1.5.5.1 Use a computer program validated for randomness.

1.5.5.2 Ensure that random tests are unannounced and spread reasonably throughout the year. Due to the nature of random testing, an employee or volunteer may be selected more than once during the year.

1.5.6 Confidentiality in the notification process shall be maintained for and by all employees involved in the random selection process.

1.5.7 Random testing shall not be connected with reasonable suspicion testing.

1.5.8 Supervisors shall ensure that employees who have refused to submit to required testing are not assigned to or involved in any safety security sensitive positions pending an investigation and/or discipline in accordance with Department Order #508, Employee Discipline.

1.6 Reasonable Suspicion Testing

1.6.1 Employees and volunteers shall be required to submit to reasonable suspicion drug/alcohol testing.

1.6.2 Testing shall be initiated when there is reasonable suspicion to believe that an employee or volunteer has used illegal drugs and/or alcohol as provided in this Department Order.

1.6.3 Supervisors shall ensure that employees, who have refused to submit to reasonable suspicion testing, are removed from any safety security sensitive functions pending an investigation and/or discipline.

1.6.4 A volunteer who is suspected of using drugs and/or alcohol shall be immediately suspended pending the results of the reasonable suspicion testing.

1.6.5 The Department shall pay for costs incurred for reasonable suspicion drug and/or alcohol testing of employees.

1.7 Voluntary Drug/Alcohol Testing - An employee may request a drug and/or alcohol test at any time, which shall be paid for by the Department. An employee who requests a voluntary drug and/or alcohol test shall:

1.7.1 Request and complete the appropriate section of the Employee Test Notification Order, Form 522-2P, and submit it to his/her supervisor.

1.7.2 A request for a voluntary test may only be denied by the appropriate Warden. Regional Operations Director or Bureau Administrator.

1.7.3 Arrange for a collection site with the Employee Relations Unit or the Drug-Free Workplace Administrator.

1.7.4 Submit to a drug test during or immediately before or immediately after their normal duty hours on the day that they request a voluntary drug test.

1.7.5 Submit to an alcohol test immediately before or during their normal duty hours on the day that they request a voluntary test.

522.03 RANDOM DRUG TESTING EMPLOYEE NOTIFICATION

1.1 The Drug-Free Workplace Administrator shall:

1.1.1 Conduct a monthly random selection.

1.1.2 Notify each Division Personnel Liaison or the institution Deputy Warden of Operations with a list of employees or volunteers that have been randomly selected for drug testing.

1.2 The institution Deputy Warden of Operations shall advise the Warden of the number of employees per unit and shift to be tested.

1.2.1 The Warden shall:

1.2.1.1 If on-site collection is available, ensure that all employee random testing is completed at the institution as outlined in this Order.

1.2.1.2 Make arrangements for employees to be sent to the closest facility to be tested only when on-site testing is not available.

1.2.1.3 Determine the needs of the institution and advise the Drug-Free Workplace Administrator through the institution Deputy Warden of Operations of his/her decision by the close of business that day to include a list of the selected employees by shift assignment.

1.2.2 Once notified by the institution Deputy Warden of Operations of the Warden's decision, the Drug-Free Workplace Administrator shall determine where the collection/testing is to be conducted and, if appropriate, make arrangements for on-site collection/testing. If the collection/testing is to be conducted off-ste, the institution Deputy Warden of Operations shall complete the process as outlined in section 522.03, 1.2.3.

1.2.2.1 If operational circumstances of the institution preclude the Warden's decision/notification, the testing shall be conducted on-site at the institution as to not delay the testing/collecting process.

1.2.3 The institution Deputy Warden of Operations shall:

1.2.3.1 Notify the supervisor that an employee and/or volunteer has been randomly selected for drug testing.

1.2.3.2 After the selected employees/volunteer have been officially notified or excused, return the original Employee Test Notification Order forms and the list of selected employees to the Drug-Free Workplace Administrator.

1.3 The supervisor of the employee or volunteer shall:

1.3.1 Schedule the employee/volunteer for drug testing at the collection site for the same day that the employee is notified. Testing shall be scheduled:

1.3.1.1 Preferably immediately before or after the normal duty hours of the employee or volunteer.

1.3.1.2 During the normal duty hours of the employee or volunteer.

1.3.2 Complete the Employee Test Notification Order form and have the selected employee sign it.

1.3.3 Provide assignment coverage for the employee during the testing process.

1.3.4 Ensure that the time in which an employee is involved in the testing process is considered as work time for the purpose of compensatory time and benefits.

1.3.5 If applicable, ensure that employees are compensated for allowable transportation costs. Time shall include travel to and from the collection site and time spent completing the collection process.

1.3.6 Return the original Employee Test Notification Order form(s) to the institution Deputy Warden of Operations.

1.4 After receiving a notification to test order, if the employee fails to report to the collection site or reports to the collection site after the designated time frame:

1.4.1 The Drug-Free Workplace Administrator shall contact the appropriate institution Deputy Warden of Operations or Bureau Administrator to determine if the failure to report was excused. Approved excuses may include:

1.4.1.1 Authorized leave, previously scheduled and approved.

1.4.1.2 A Department emergency situation.

1.4.1.3 The employee's inability to leave their work assignment due to a critical incident occurrence.

1.4.1.4 A safety or hazardous situation involving the employee or public.

1.4.1.5 Required court appearance.

1.4.1.6 Other circumstances as approved by the Drug-Free Workplace Administrator.

1.4.2 The employee's supervisor shall determine the reason for the employee's absenteeism or delay in reporting to the collection site.

1.4.2.1 If the employee does not have an approved absence, the supervisor shall:

1.4.2.1.1 Immediately notify the appropriate Deputy Warden or Bureau Administrator through the appropriate chain-of-command.

1.4.2.1.2 When appropriate, assign the employee to a non-safety security sensitive position which does not have inmate contact and does not require the carrying of a weapon.

1.4.2.2 If the employee's absence is approved, the supervisor shall note the reason on the Employee Test Notification Order. The employee's name shall be placed into the random selection pool for the next unannounced random selection.

1.4.3 The employee shall, if requesting an approved absence:

1.4.3.1 Notify their supervisor prior to the scheduled test time and give the specific reason for not reporting. Failure to notify the supervisor of the absence prior to the scheduled test time shall be considered absence without approval.

1.4.3.2 Complete a memorandum and submit it within 24 hours, through their chain-of command, to the appropriate Deputy Warden/Bureau Administrator. The memorandum shall include:

1.4.3.2.1 The specific reason(s) for not reporting to the collection site.

1.4.3.2.2 The name of the supervisor notified prior to the scheduled test time.

1.4.3.2.3 Any instructions given by the supervisor, if any.

1.5 The failure to report or provide a urine specimen as ordered or an unreasonable delay in reporting to the collection site shall be considered a refusal to test and may result in disciplinary action up to and including dismissal.

1.6 The Deputy Warden or Bureau Administrator shall review the circumstances in coordination with the Drug-Free Workplace Administrator and initiate the appropriate corrective action or discipline in accordance with Department Order #508, Employee Discipline.

522.04 SPECIMEN COLLECTION AND TESTING PROCEDURES - Collection shall be conducted in private and shall not require or allow disrobing, unless otherwise stipulated.

1.1 Upon Arrival at the Collection Site - The applicant/employee/volunteer shall:

1.1.1 Provide to the collection site personnel:

1.1.1.1 Photo identification.

1.1.1.2 Social security number.

1.1.1.3 A day and evening telephone number where they can be reached.

1.1.1.4 A copy of the Pre-Employment Drug Test Consent and Release of Liability or the Employee Test Notification Order form, whichever is applicable, to validate that the individual is a Department applicant, employee or volunteer.

1.1.1.5 The laboratory chain-of-custody form and specimen container, if they have been provided one.

1.1.2 Complete the laboratory chain-of-custody form.

1.1.3 Remove unnecessary garments such as jackets or coats. All personal belongings such as a purse or briefcase shall not be permitted in the collection area. The applicant, employee or volunteer may retain his/her wallet.

1.1.4 Wash their hands prior to urination.

1.1.5 Not have access to water, faucet, soap dispenser, cleaning agent, or any other materials which may be used to adulterate the specimen.

1.1.6 Receive a clean specimen container from the collection site person.

1.1.7 Provide a urine specimen. The urine specimen shall be equal to or greater than 45 milliliters (ml), which is approximately 1.5 ounces.

1.1.7.1 If the specimen is less than 45 ml and the temperature is within the acceptable range, this specimen shall be discarded and a second specimen collected.

1.1.7.2 The applicant, employee or volunteer may drink liquids that shall not exceed a maximum of 40 ounces. The applicant, employee or volunteer shall not leave the collection site area.

1.1.8 Be permitted to wash their hands after the specimen has been provided and submitted to the collection site person.

1.2 Immediately After Collection - The collection site person shall process specimens in accordance with DHHS and SAMHSA procedures.

1.3 At this time, the applicant, employee or volunteer is free to leave the collection site.

1.4 The laboratory shall test the specimen and ensure that the chain-of-custody is maintained.

1.5 If the collection site personnel have information or suspect that the test may have been tampered with, they shall notify the Drug-Free Workplace Administrator and document the observations, information and suspicions.

1.6 The Medical Review Officer shall review and interpret drug test results as outlined in section 522.06, 1.6.

1.7 The applicant, employee or volunteer may wish to keep a list of medications taken within the last 14-30 days or other medical information in conjunction with a specimen collection should a positive result be reported. This information shall:

1.7.1 Be retained by the applicant, employee or volunteer.

1.7.2 Not be listed on the collection site chain-of-custody form.

1.7.3 Not be submitted to the collection site person.

1.8 Insufficient Urine Specimen

1.8.1 If the applicant, employee or volunteer is unable to provide a minimum sample of 45 milliliter (ml) of urine:

1.8.1.1 The collection site person shall instruct the applicant not to drink more than 40 ounces of fluid.

1.8.1.2 The applicant, employee or volunteer may attempt to provide another urine specimen using a fresh collection container.

1.8.1.3 If a sufficient urine specimen cannot be obtained after three hours the insufficient specimen shall be discarded and the collection process discontinued.

1.8.2 If the applicant, employee or volunteer leaves the collection site, fails to or can not provide sufficient urine the test shall be ruled as a refusal to test.

522.05 REASONABLE SUSPICION TESTING

1.1  Observation of specific, objective facts and reasonable inferences drawn from those fact, that suggest that an employee is using or has used drugs or alcohol and there are reasonable grounds for suspecting evidence of work related drug/alcohol use. This may include but is no limited to:

1.1.1    Physical appearance.

1.1.2    Deterioration of work performance.

1.1.3    Poor judgement.

1.1.4    Carelessness and erratic behavior.

1.1.5    Smell of marijuana or alcohol.

1.1.6    Behavior.

1.1.7    Speech and/or body odor.

1.1.8    Any such behavior in conjunction with an accident or weapons discharge.

1.2  Each employee or volunteer required to submit to reasonable suspicion drug and/or alcohol testing shall receive an Employee Test Notification Order form.

1.3 Searches may be conducted in accordance with Department Order #708, Searches.

1.4 An information report shall be filed immediately in accordance with Department Order #601, Administrative Investigations, for the following:

1.4.1 Any employee or volunteer possessing first hand information regarding possession, use or sale of any illegal or prescription drugs or alcohol abuse by another employee or volunteer.

1.4.2 Any supervisor receiving information regarding an employee or volunteer's illegal possession, use or sale of any drug or violation of alcohol use as defined in this Department Order.

1.4.3 An employee or volunteer who refuses to submit to drug and/or alcohol testing.

1.5 The supervisor shall:

1.5.1 Obtain prior approval from the Warden, Deputy Warden or, if appropriate, the On-Site or On-Call Duty Officer.

1.5.2 Consult with the Employee Relations Unit to determine if there is sufficient evidence to support reasonable suspicion testing for drugs and/or alcohol.

1.5.2.1 If reasonable suspicion testing is conducted after hours or on weekends or holidays, the Employee Relations Unit shall be contacted the next business day during normal business hours.

1.5.3 Contact the Employee Relations Unit or the Drug-Free Workplace Administrator for a collection site.

1.5.3.1 Drug testing shall only be conducted at contracted collection sites.

1.5.3.2 Alcohol testing shall only be conducted at contracted or ADHS sites.

1.5.4 Serve the Employee Test Notification Order form to the employee or volunteer in person.

1.5.5 Ensure that the employee or volunteer, with the Employee Test Notification Order, is immediately transported to the collection site by another Department employee in a state owned vehicle.

1.6 A collection site person of the same gender shall observe the employee or volunteer when providing a reasonable suspicion urine specimen for drug testing. See DEFINITIONS.

1.7 Reasonable Suspicion Alcohol Testing

1.7.1 Reasonable suspicion alcohol tests shall occur immediately before or during the employee or volunteer's normal duty hours on the day of the observed behaviors.

1.7.2 If the test was not administered within eight hours, the supervisor shall cease attempts to administer the test and submit a written report giving the reasons the alcohol test was not administered.

1.7.3 An insufficient sample of breath shall be considered a refusal of the breath alcohol test.

1.7.4 Test results shall be forwarded directly to the Drug-Free Workplace Administrator.

1.8 Alcohol Testing Procedures

1.8.1 The employee or volunteer, who has been transported to the collection site, shall be required to provide positive identification and the Employee Test Notification Order upon arriving at the contracted or ADHS approved test site.

1.8.2 Department of Transportation approved procedures, operators and Evidential Breath-Testing devices shall be used by the test site to detect and determine the concentration of alcohol from a breath specimen.

1.8.3 ADHS approved procedures, operators and evidentiary devices shall be used when an alcohol test is conducted at a law enforcement facility.

1.8.4 A screening test of a breath alcohol concentration:

1.8.4.1 Of less than .02%, shall be considered as negative and not require further testing to be preformed.

1.8.4.2 Of .02% or greater, shall require a confirmation test to be performed.

1.8.5 The Breath Alcohol Technician shall fax and send the original test results to the Drug-Free Workplace Administrator in a confidential manner.

1.8.6 When a law enforcement agency is utilized for alcohol testing, the supervisor shall ensure a copy of the alcohol test is transmitted to the Drug-Free Workplace Administrator in a timely and confidential manner.

1.9 Right of Appeal for Drug Testing

1.9.1 An applicant, employee or volunteer may challenge a drug test result that has been validated as positive by the Medical Review Officer.

1.9.1.1 The applicant, employee or volunteer shall, within 72 hours of notification of a positive drug test result, submit a written request to the Assistant Director for Human Resources/Development to have the original sealed split specimen of urine retested.

1.9.1.2 The retest shall be performed by a laboratory selected by the applicant, employee or volunteer, which meets the U.S. Department of Health and Human Services (DHHS) and the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) drug testing requirements.

1.9.1.3 The applicant, employee or volunteer may have the Medical Review Officer or the Drug-Free Workplace Administrator assist in locating an independent laboratory.

1.9.1.4 The retest shall be limited to those drug(s) which tested positive.

1.9.1.5 Degradation of the specimen may occur during storage. Therefore, there are no threshold limits which need to be satisfied for a confirmation of the original test result if the detected level of the drug or drug metabolite is below established threshold limits upon a retest.

1.9.1.6 The Drug-Free Workplace Administrator shall coordinate with the applicant, employee or volunteer, the Medical Review Officer and the laboratory selected by the applicant, employee or volunteer for the specimen to be retested.

1.9.1.7 The employee may be reassigned during the retest in accordance with Department Order #601, Administrative Investigations.

1.9.1.8 The employee, applicant or volunteer shall be responsible for all costs at the collection site/laboratory related to a retest of the specimen.

1.9.1.8.1 Payment shall be made at the collection site or laboratory, prior to the retest.

1.9.1.8.2 If the retest result is negative, the test result shall be considered as negative. Only an employee shall be reimbursed for the cost of the retest.

1.9.2 Applicants who have been denied employment based upon criteria outlined in sections 522.02, 1.1.3.2 through 1.1.3.8 and who wish to appeal this action shall, within 72 hours of notification of being denied employment, submit a written request to the Assistant Director for Human Resources/Development, whose decisions shall be final.

522.06 TEST ANALYSIS AND REPORTS

1.1 The Department and laboratories shall utilize the DHHS Mandatory Guidelines for Federal Workplace Drug Testing Programs to include the initial and confirmation cutoff levels for all tested drug classes (Attachment A) in determining whether a test result is positive or negative.

1.1.1 The laboratory shall perform an initial immunoassay test. If a specimen is screened as negative, no further testing of the specimen shall occur.

1.1.2 Confirmatory tests shall be conducted for specimens identified as positive on the initial test using a gas chromatography/mass spectrometry test.

1.1.3 Positive urine specimens shall be retained by the contracted laboratory in a secured long-term frozen storage for a minimum of one year.

1.1.3.1 The Drug-Free Workplace Administrator may request the laboratory to retain the specimen for an additional period of time.

1.1.3.2 If the laboratory does not receive a request to retain the specimen during the initial one year period the specimen shall be discarded.

1.2 Dilution, Adulteration or Substitution of Drug Test Results

1.2.1 Specimens shall be analyzed for creatinine, pH, specific gravity, glutaraldehyde and adulteration products, for example bleach and nitrites, to determine whether or not values are within normal ranges.

1.2.2 All drug and alcohol testing conducted by the Department is based on guidelines established by the Department of Health and Human Services/Substance Abuse and Mental Health Services Administration (DHHS/SAMHSA).

1.2.3 The collection site person shall note any visual observations of unusual color and/or odor of the specimen on the chain-of-custody form and submit the specimen for laboratory testing.

1.2.4 If the specimen is suspect or shows signs of tampering, the collection site person shall:

1.2.4.1 Document observations on the chain-of-custody form.

1.2.4.2 Collect second observed specimen.

1.2.4.3 Submit both specimens for testing.

1.2.5 Test results shall be confirmed and validated by the laboratory and Medical Review Officer when values are found outside normal ranges, then forwarded to the Drug-Free Workplace Administrator.

1.2.5.1 An adulterated/substituted specimen constitutes a refusal to test.

1.2.5.2 The applicant, employee or volunteer shall not be permitted to have the split specimen of an adulterated or substituted specimen retested.

1.2.5.3 The employee, applicant or volunteer shall be required to provide an observed collection specimen if the specimen is validated as diluted by the Medical Review Officer.

1.2.5.3.1 Failure to retest constitutes a refusal test.

1.2.5.3.2 A collection site person of the same gender shall observe the employee when providing a urine specimen for drug testing. See DEFINITIONS.

1.2.5.4 If the laboratory and the Medical Review Officer determine that the second test specimen result is diluted:

1.2.5.4.1 The applicant shall be denied employment.

1.2.5.4.2 The employee may submit a third retest if medical documentation is provided. If this test is determined to be diluted, it shall be considered a refusal to test.

1.2.5.4.3 The Medical Review Officer may review documentation and provide an opinion to the Employee Relations Unit.

1.3 Retest of Applicants

1.3.1 The Drug-Free Workplace Administrator shall notify the Employment Unit Administrator and the Pastoral Activities Administrator, in writing, if an applicant is required to retest as a condition of employment.

1.3.2 The Employment Unit or Volunteer Coordinator shall have the applicant sign another Pre-employment Drug Test Consent and Release of Liability form, which the applicant shall provide to the collection site.

1.3.2.1 The Employment Unit, Satellite Recruitment Center or Volunteer Coordinator shall write OBSERVED COLLECTION on the Pre-employment Drug Test Consent and Release of Liability form under the appropriate category. This is to inform the collection site that the urine collection is to be observed.

1.3.2.2 The applicant shall be required to retest within 48 hours of signing the Pre-employment Drug Test Consent and Release of Liability form. The applicant shall be advised to restrict the amount of fluids they drink prior to the test.

1.4 Retest of Employees

1.4.1 The Drug-Free Workplace Administrator shall provide written notification to the Personnel Liaison if an employee is required to retest.

1.4.2 The Division Personnel Liaison or the institution Deputy Warden for Operations shall coordinate with the employee's supervisor to ensure that the employee retests before, during or immediately after the employee's normal duty hours on the date the employee is notified.

1.4.2.1 The preferred testing time shall take place during the employee's normal duty hours.

1.4.2.2 The employee shall be advised to restrict the amount of fluids they drink prior to the test.

1.4.3 The Division Personnel Liaison, the institution Deputy Warden for Operations or Supervisor shall write OBSERVED COLLECTION on the Employee Test Notification Order. This is to inform the collection site that the urine collection is to be observed.

1.5 Retest of Volunteers

1.5.1 The Drug-Free Workplace Administrator shall provide written notification to the Pastoral Activities Administrator if a volunteer is required to retest for post offer of employment or the institution Deputy Warden for Operations if the retest is the result of a random selection drug test.

1.5.2 The Pastoral Activities Administrator or the institution Deputy Warden for Operations shall coordinate with the volunteer coordinator to ensure that the volunteer retests before, during or immediately after the volunteer's normal hours on the date that the volunteer is notified. The volunteer shall be advised to restrict the amount of fluids they drink.

1.5.3 The volunteer coordinator shall write OBSERVED COLLECTION on the Employee Test Notification Order. This is to inform the collection site that the urine collection is to be observed.

1.6 Medical Review Officer

1.6.1 The Medical Review Officer shall:

1.6.1.1 Review and interpret results of all positive, suspicious, adulterated, substituted, or diluted laboratory drug tests to look for alternate medical explanations before results are reported to the Drug-Free Workplace Administrator.

1.6.1.2 Review explanations for tests that were not performed or were canceled. This review may include conducting a medical interview with the employee, review of the employee's medical history, or of any other relevant biomedical factors.

1.6.1.3 Provide the employee with an opportunity to confidentially discuss the test result and verify the employee's statements, which may include contacting the involved pharmacist/physician.

1.6.1.4 Coordinate a retest with the Drug-Free Workplace Administrator if there are questions as to the accuracy or validity of a test result.

1.6.1.5 Report the test result as negative if there is a legitimate medical explanation for the positive test result.

1.6.1.6 Report the final result of the drug test in writing to the Drug-Free Workplace Administrator in a confidential manner.

1.6.1.7 Not have any vested interest with the contracted laboratory performing the urine test analysis.

1.6.2 If a discrepancy occurs, the Medical Review Officer shall:

1.6.2.1 Not attempt to ascertain the factual correctness of any claim of involuntary drug ingestion by the applicant, employee or volunteer.

1.6.2.2 Not attempt to resolve conflicting factual statements.

1.6.2.3 Report all discrepancies to the Drug-Free Workplace Administrator.

1.7 Reporting Test Results

1.7.1 The laboratory shall produce a laboratory report for each test specimen, which shall include the specimen number, laboratory accession number, specimen identifier and code, date received and date reported. It also may list the drugs tested, the results for each drug tested and the overall results (positive or negative) or no-test for the specimen.

1.7.2 All negative test results shall be available to the Drug-Free Workplace Administrator within 24 hours after laboratory receipt of the specimens, excluding weekends and holidays.

1.7.3 Results from specimens testing positive by the laboratory initial screen, confirmation tests and tests verified by the Medical Review Officer shall be available within 72 hours after laboratory receipt of the specimens, excluding weekends and holidays.

1.7.4 The laboratory shall report test results to the Drug-Free Workplace Administrator by a secure and confidential means such as secure fax, phone, electronically, and/or results may be confirmed in writing.

1.8 Confidentiality of Test Results and Records

1.8.1 All program files, records, testing information, results and reports relating to drug testing, to include all statistical reports created/maintained by/for the Drug- Free Workplace Program shall be confidential.

1.8.2 Test results shall be available to Department officials only on a need-to-know basis.

1.8.3 The employee may obtain a copy of his/her test results by submitting a written request to the Drug-Free Workplace Administrator.

1.8.3.1 The request shall include the employee's name, social security number, method of receiving the test results, signature and date.

1.8.3.2 The employee shall include a mailing address if the results are to be mailed.

1.8.4 All original drug test results and electronic data shall be maintained by the Drug-Free Workplace Administrator.

1.8.5 Validated drug test results for applicants or volunteers shall be maintained on the applicable data base by the Employment Unit Administrator and the Pastoral Services Administrator.

1.8.6 An applicant or volunteer who has been denied employment based upon the results of a drug/alcohol test shall be notified, in writing, by the Employment Unit Administrator or Pastoral Services Administrator. Denial of employment shall not be disclosed to the applicant/volunteer over the telephone.

1.8.7 Laboratory and Medical Review Officer reports shall be treated as confidential medical records and shall not be placed in an employee's personnel file.

1.8.8 Prior authorization from the Drug-Free Workplace Administrator shall be required before any statistical information may be released or reviewed.

1.8.8.1 Employees/applicants who wish to review statistical reports shall submit a written request for information to the Drug-Free Workplace Administrator.

1.8.8.2 Unauthorized dissemination of testing information/results is prohibited and shall result in disciplinary action.

1.8.9 All records, information of personnel actions and results shall be maintained in accordance with Department Order #507, Employee Records.

1.9 The Drug-Free Workplace Administrator shall be contacted if the Medical Review Officer is unable to make contact with the applicant/employee within the specified time frame.

1.9.1 The Drug-Free Workplace Administrator shall notify the appropriate institution Deputy Warden for Operations, Bureau Administrator, Employment Unit Administrator or Pastoral Activities Administrator, who shall ensure that the employee contacts the Medical Review Officer.

1.9.2 The Drug-Free Workplace Administrator shall obtain the employee's or applicant's phone number from the Employment Unit Administrator or Pastoral Activities Administrator and provide this information to the Medical Review Officer.

522.07 DISCIPLINE

1.1 An employee may receive disciplinary action up to and including dismissal, in accordance with Department Order #508, Employee Discipline, based upon evidence and documentation of drug and/or alcohol use which may include, but is not limited to:

1.1.1 Direct observation of the employee's behavior.

1.1.2 Evidence obtained from an arrest or criminal conviction.

1.1.3 A Medical Review Officer's verified:

1.1.3.1 Positive drug test result.

1.1.3.2 Adulterated or substituted urine specimen.

1.1.3.3 Two consecutive diluted specimens, original and retest, for applicants.

1.1.3.4 Three consecutive diluted specimens for employees, if medical documentation has been provided and validated.

1.1.4 A positive breath alcohol test result.

1.1.5 An employee's voluntary admission to the unauthorized use of drugs and/or alcohol. An employee who admits to drug and/or alcohol use after being notified shall be required to submit to the required testing.

1.1.6 Refusal to submit to required testing.

1.1.7 Failure to report for a drug and/or alcohol test at the scheduled time or any unreasonable delay in reporting to the collection site without an excused absence.

1.1.8 Tampering with any part of the drug testing process to include records or specimens.

1.1.9 Failure to provide sufficient urine for testing.

1.1.10 Refusal to allow the collection site person to measure body temperature when the temperature of the urine is outside the acceptable temperature range.

522.08 EMPLOYEE ASSISTANCE

1.1 Self Initiated Assistance - Employees are encouraged to refer to the Employee Assistance Program to obtain resource information and referral assistance in accordance with Department Order #521, Employee Assistance and Support Program.

1.2 To ensure compliance with the Federal Drug-Free Workplace Act of 1988, the following procedures shall be followed.

1.2.1 Any employee convicted of a violation of any criminal statute relating to illegal drug activity shall submit a report documenting the relevant circumstances of the conviction, to his/her supervisor within five days of such conviction.

1.2.2 If an employee fails to submit the required report, the immediate supervisor shall, within two days of notification or of personal knowledge of a conviction, prepare a written report and notify the Personnel Services Bureau.

1.2.3 Within two days of receipt of the supervisor's notification, the Personnel Services Bureau shall notify the contracting agency of the conviction and provide information regarding the discipline action taken.

                                              

DORA Schriro

Director

DELETED

Attachment B, Test Request Form & Chain of Custody (Southwest Laboratories)

Attachment C, Chain of Custody/Consent Form for Drug Testing (Clinical Reference Laboratory)

Attachment D, Breath Alcohol Testing Form (Southwest Laboratories)

FORMS LIST

522-1P - Pre-employment Drug Test Consent and Release of Liability

522-2P - Employee Test Notification Order

522-3P - Employee Drug and/or Alcohol Test Agreement

IMPLEMENTATION

Within 60 days of the effective date of this Department Order:

• The Staff Development and Training Bureau shall coordinate Department sponsored substance abuse awareness training for all employees and supervisors. Employees and supervisors directly impacted by this Department Order shall receive first priority in training.

• During training, all employees assigned to designated positions shall receive a copy of the Drug-Free Workplace Employee Drug and Alcohol Agreement, Form 522-3P. This form shall be signed by the employee and returned to the instructor for placement into their Personnel File.

Employee training shall include:

• Identification of the signs and symptoms of a drug or alcohol problem.

• Review of the Drug Free Workplace Department Order.

• Referral resources available through the Employee Assistance Program.

• Supervisor training shall include:

• Identification of the signs and symptoms of a drug or alcohol problem.

• Supervisor's/Manager's role in Drug-Free Workplace Program.

• Documentation of employee substance abuse.

• Review of the Drug Free Workplace Department Order.

• The use of required forms.

• Referral resources available to employees through the Employee Assistance Program.

The Drug-Free Workplace Administrator shall develop a Technical Manual which outlines the duties, responsibilities and functions of that position to include:

• Ensuring scheduled computer generation of random drug testing lists for employees are developed.

• Maintaining a secure environment to prevent unauthorized drug testing computer access.

• Ensuring that the employee who request copies of test results are provided them in accordance with this Order.

• Responding to questions concerning the Drug Free Workplace Program.

• Performing an annual review of this Department Order, Technical Manual and forms and making necessary updates as appropriate.

• Making recommendations for improvements of the program to the Director through the chain-of-command.

• Monitoring performance and services of the contracted laboratories, Medical Review Officer and collection site vendors.

• Performing the duties and responsibilities of a Department Liaison to contracted laboratories.

• Serving as technical advisor to program liaisons in the field.

• Ensuring records and reports are maintained, to include:

• Files, statistical reports and other program reports.

• Development and administration of program user surveys for employees, contract vendors and collection site persons, annually or as required.

• Compilation and analysis of user survey responses for reports to Department administration and program users.

• Preparation of information and statistical data on testing to be included in the annual report about the Drug Free Workplace Program.

• Annual evaluation of the Program's effectiveness, based on computer-produced program statistics, program costs, user surveys, complaints and/or other identified problems.

• Coordinating the development of forms as necessary.

• Preparation of written reports on contract deficiencies and problem for the Director.

• Writing proposal requests and assisting in the procurement process used to obtain services from testing laboratories, Medical Review Officer services and collection site services.

• Receiving notice of positive test results and coordinating further action with the Warden/Bureau Administrators through institution Deputy Warden for Operations and the Employment Unit/Pastoral Activities Administrator.

• Coordinating with and providing assistance to prison complex liaisons assigned by the Warden to administer the Drug Free Workplace Program.

DEFINITIONS

ADULTERATED SPECIMEN - A specimen that has been altered or a substitute provided by the applicant, volunteer or employee to be submitted as a specimen to be drug tested, and may include the use of a masking agent to prevent the detection of drug use in the testing sample.

ALCOHOL - Intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl and isopropyl alcohol and may include any medication that contains alcohol.

BREATH ALCOHOL TECHNICIAN - A contract person certified by the Department of Transportation to operate and read a breath analyzer or similar testing machine utilized to perform a breath alcohol test.

CHAIN-OF-CUSTODY - A process used to account for the integrity of each urine specimen by tracking the handling and storage from point of collection to the final disposition.

CHAIN-OF-CUSTODY FOR BREATH ALCOHOL TESTING - Breath alcohol determination that is printed on the breath testing instrument after testing is completed.

COLLECTION SITE - An area within an institution designated for the collection of urine specimens, a medical facility, doctor's office or hospital authorized by the Department to collect a urine specimen for analysis to detect the presence of drugs. Collection sites shall be contracted through the drug testing laboratory contractor.

COLLECTION SITE PERSON - A person employed by a collection agency or site, who may travel to different Department facilities, to assist and instruct individuals directed to provide a urine specimen. The collection site person is trained to receive and make the initial examination of urine specimens, to include the proper packaging and sealing of the specimen in front of the employee.

CONTROLLED SUBSTANCE - For the purpose of this Department Order the definition is the same as defined in A.R.S. 13-3401.

CUT-OFF LEVEL - A DHHS/SAMHSA established concentration level, usually in nanograms per milliliter (ng/mL), used to determine whether a specimen is positive or negative for the drug or drug class.

DANGEROUS DRUGS - For the purpose of this Department Order the definition is the same as defined in A.R.S. 13-3401.

DRUG FREE WORKPLACE PROGRAM ADMINISTRATOR - An employee assigned to the Human Resources/Development Division, Personnel Services Bureau who administers and coordinates activities of the Drug- Free Workplace Program.

EMPLOYEE - For the purpose of this Department Order employee refers to all full and part time employees and includes volunteers who provide services to the Department without compensation and religious services providers who contract with the Department.

EVIDENTIAL BREATH-TESTING DEVISES - Department of Transportation approved equipment utilized by the Breath Alcohol Technician to detect and determine the concentration of alcohol.

INSTITUTION DEPUTY WARDEN FOR OPERATIONS - For the purpose of this Department Order, a designated employee who acts as a Program Coordinator and point of contact for random testing within an institution.

MEDICAL REVIEW OFFICER - A certified, licensed physician who reviews laboratory positive drug test results. This officer has knowledge of substance abuse disorders and medical training to interpret and evaluate an individual's positive test result to include the medical history and any other relevant biomedical information.

METABOLITE - The body's process to eliminate a foreign chemical. These changed drugs are metabolites.

NANOGRAM - A unit of measurement in the detection of most drugs of abuse. Drug concentrations are expressed in nanograms per milliliter (ng/mL) of urine.

NARCOTIC DRUG - For the purpose of this Department Order the definition is the same as defined in A.R.S. 13-3401.

NEGATIVE DRUG TEST RESULT - Test results that conclude that the drug(s) and metabolite(s) tested for are either absent or below the cut-off levels.

OBSERVED COLLECTION - The collection of a urine specimen performed in a manner reasonably designed to preclude the possibility of sample contamination, adulteration or misidentification.

PERSONNEL LIAISON - A designated employee who acts as a Program Coordinator and point of contact for random testing within a Division.

POSITIVE DRUG TEST RESULT - Test results which conclude that, both the initial and confirmation test, drug(s) and metabolite(s) tested for are at or above the cut-off level(s).

POST OFFER DRUG TEST - A urine drug test taken by the applicant or volunteer as a condition of employment for designated Department positions to include: current employees applying for a competitive position to safety-security sensitive positions, new hires, promotional, direct hires, reinstatements, re-employment, part-time employees and volunteers to include religious services providers.

RANDOM TESTING - Selection of employees for testing based on a computer-generated random system. Random means that no personal characteristics of the employee other than job description are entered into the selection process.

DELETED

SPLIT SPECIMENS - The specimen is divided into two collection bottles in the presence of the applicant/employee/volunteer and collection site person. Thirty milliliters in specimen bottle A and approximately fifteen milliliters in specimen bottle B. One collection bottle remains sealed and analyzed only if the applicant/employee/volunteer requests retest by an independent SAMSHA/DHHA Certified laboratory.

VERIFIED DRUG TEST RESULTS - A positive test result verified by the Medical Review Officer as containing evidence of one or more targeted drugs for which, in their opinion, there is no legitimate medical explanation.

VOLUNTEER - A person who provides services to the Department without compensation. Volunteers may include off-duty employees, students in internships/practicums or religious services providers.

VOLUNTEER COORDINATORS - Staff members designated by an Assistant Director, Bureau Administrator, Warden or Deputy Warden, to supervise one or more volunteers.

AUTHORITY

A.R.S. 13-3401, Definitions, Drug Offenses

A.R.S 23 - 493, Drug Testing of Employees.

A.R.S. 38 - 532, Disclosure of Information by Public Employees

A.R.S. 41 - 770, Cause for Discipline or Dismissal from State Service.

A.R.S. 39-101 et seq, Public Records.

A.A.C. R2-5-105, Personnel Records

A.A.C. R2-5-501, Standards of Conduct.

A.A.C. R2-5-803, Dismissal.

ATTACHMENT B THROUGH D NOT AVAILABLE IN THIS FORMAT. SEE YOUR DEPARTMENT ORDER MANUAL OR CONTACT THE POLICY UNIT