Chapter 3 – Personnel, Training, and Employee Relations

31040.5.3 Substance Abuse Programs – Defined

• Substance collecting and testing is conducted in accordance with standards established by the Substance Abuse and Mental Health Service Administration (SAMHSA), the Federal Motor Carrier Safety Administration and accepted industry standards approved by the CalHRCalifornia Department of Human Resources (formerly DPA and SPB). Alcohol testing is conducted using an evidential breath testing device and the method of determining the presence of a drug is by collection and analysis of a urine sample.

  • Federal Department of Transportation (Safety Sensitive Commercial Drivers)

    • Under the Federal DOTLabor Dictionary of Occupational Titles regulations, departmental employees who must possess a Commercial Driver’s License and are performing safety sensitive duties are subject to drug and alcohol testing requirements. These requirements include random, reasonable suspicion, pre-employment, post accident, pre-duty, return-to-duty, and follow-up testing. Employees whose vehicles meet the Federal requirements for testing for a commercial driver include those required to operate a vehicle with a gross vehicle weight rating in excess of 26,000 pounds; those required to drive a vehicle designed to carry 16 or more passengers (including the driver); or those required to operate a vehicle of any size when used in the transportation of a placardable amount of hazardous material.

    • CDCRCalifornia Department of Corrections and Rehabilitation employees in the DOTLabor Dictionary of Occupational Titles program are in a consortium pool of commercial drivers stored at the CalHRCalifornia Department of Human Resources (formerly DPA and SPB) with other State departments. Names are randomly selected by the CalHRCalifornia Department of Human Resources (formerly DPA and SPB)’s computer software program. The SATS obtains the testing notices from CalHRCalifornia Department of Human Resources (formerly DPA and SPB)’s Testing Program Coordinator and forwards them to the Local Substance Abuse Testing Coordinator for distribution.

    • In addition to random substance testing, a negative substance test result is required prior to assignment to safety sensitive functions as follows:

    • Pre-Duty

      • Prior to a current employee being assigned to a position requiring the operation of a commercial motor vehicle, they must submit to a controlled substance and alcohol test. The negative test result must be found prior to the first day in the assignment.

    • Pre-Employment

      • A pre-employment controlled substance test will be required of any new hire including list appointments, transfers, reinstatements, and retired annuitants following a break in service prior to appointment to a safety sensitive position. A negative test result must be found prior to the first day of performing a safety sensitive function.

      • Other types of safety sensitive driver testing:

    • Post-Accident

      • Following an accident involving a commercial motor vehicle, a post-accident test will be administered to the commercial driver if either of the following exists: 1) the driver was performing a safety sensitive function involving the vehicle and the accident involved a loss of human life; or 2) the driver received a citation under State or local law for a moving traffic violation arising from the accident and the accident resulted in bodily injury with immediate medical treatment away from the scene and/or resulted in disabling damage to any vehicle requiring the vehicle to be transported or towed.

    • Return-to-Duty

      • Employees who have engaged in prohibited conduct under the federal DOTLabor Dictionary of Occupational Titles regulations must submit to and pass a return-to-duty test prior to resuming the performance of safety sensitive duties.

    • Follow-Up

      • Following a determination that a driver is in need of assistance, each employer shall ensure that the driver is subject to a minimum of six unannounced follow-up alcohol and/or controlled substance tests during the first twelve months following their return to work as directed by a Substance Abuse Professional (SAP) service. DOTLabor Dictionary of Occupational Titles regulations require than an employee who tests positive for drugs and/or alcohol must be referred to a SAP for evaluation. If it is determined that education or treatment is needed, the SAP will refer the employee to an appropriate program and follow-up to ensure completion.

    • Bargaining Unit 6 Peace Officers

      • Random drug and alcohol testing conducted per prevailing MOUMemorandum Of Understanding or the State’s Implemented Terms.

    • Excluded and Exempt Peace Officers

      • California Code of Regulations (CCRCalifornia Code of Regulations) 599.960 – 599.966 require random drug and alcohol testing of excluded and exempt State employees who are peace officers under Part 2, Title 3, Chapter 4.5, Sections 830.2(d) and 830.5, of the Penal Code.

    • Reasonable Suspicion

      • Departmental employees designated by the CDCRCalifornia Department of Corrections and Rehabilitation as working in sensitive positions may be tested for reasonable suspicion. Reasonable suspicion is the good faith belief based on specific articulable facts or evidence that an employee may have violated the policy prescribed in CCRCalifornia Code of Regulations 599.960(b) and that
        substance testing could reveal evidence related to that violation. Reasonable suspicion provisions exist only when an employee is on duty or on standby for duty. A finding of reasonable suspicion is based on direct observation concerning the appearance, behavior, speech, and/or body odor of the employee. These findings must be documented using the Reasonable Suspicion Checklist (CDCRCalifornia Department of Corrections and Rehabilitation Form 1874).

      • Sensitive positions include all departmental peace officer positions, as defined beginning with Section 830 of the Penal Code, and all civil service positions located at a State correctional institution, juvenile facility, camp, correctional hospital, parole outpatient clinic, parole office, and community correctional facility.