1. Welcome! Indiana State Personnel Department Human Resources Conference April 30 and May 1, 2008 Brown County Inn - Nashville, Indiana

2. DRUG AND ALCOHOL TESTING CDL Holders Reasonable Suspicion Testing Testing Designated Positions Sally L. Burnell State Personnel Department April 30-May 1, 2008

3. WHAT SUBSTANCES WILL TESTING REVEAL? Alcohol Cocaine Marijuana Phencyclidine (PCP) Opiates Amphetamines

4. CDL Holders Restates current policy in new format. Includes 2007 amendment that negative double- dilute results are reported as negative and disciplinary action is not appropriate. Will be accessible on SPD’s Web page from Standardized Policy page.

5. Limitations on State’s Ability to Test Employees State is not a private employer – State is a governmental entity whose actions are subject to the Fourth Amendment of the U.S. Constitution. The Fourth Amendment protects citizens against unreasonable searches by government. Drug/Alcohol Testing is a search.

6. Testing Designated Positions New category of employees (TDPs) subject to pre- employment and random testing. Designated by agency heads according to established criteria. Applies only to positions where the state’s interest in the employee is greater than its general interest on behalf of the public. –Just driving a car is not a sufficiently significant governmental interest.

7. TDP Criteria Factors to be considered are the extent to which the position: 1. Authorizes employees to carry firearms; 2. Requires regular contact with offenders; 3. Requires transportation of or decision-making with regard to the welfare of children or with regard to vulnerable adults who are committed to the care of the state; 4. Gives employees access to sensitive information related to homeland security or criminal justice activities; 5. Requires employees, as a condition of employment, to obtain a security clearance; (continued on next slide)

8. TDP Criteria, continued 6. Requires employees to engage in homeland security or emergency response activities; 7. Requires employees to directly inspect products or services where the failure of such products or services may directly endanger the safety of the public; 8. Involves the prosecution of criminal cases; or 9. Includes access to a controlled substance.

9. Effective Date: July 1, 2008 Agency duties prior to effective date: –Assign a Designated Employer Representative (DER) to coordinate application of this policy –Identify TDPs using criteria –Submit a list of TDPs showing which criteria applies –Notify affected employees of designation as TDP –Designate percentage of TDPs to be tested annually (continued on next slide)

10. Effective Date, continued SPD duties prior to effective date: –Review lists and discuss any concerns with agencies –Address any issues with third party administrator –Establish databases for random pools & process for updating such information

11. Reasonable Suspicion And Unsafe Practices Applies to all state employees. Identifies process and criteria for testing. Smell of alcohol is insufficient to justify testing. –Observation of additional behaviors required.

12. Reasonable Suspicion Criteria Reasonable suspicion shall be deemed to exist when any of the following occurs: Observable phenomena, such as direct observation of drug use or possession and/or the physical symptoms of being under the influence of a drug or alcohol; Abnormal conduct or erratic behavior; (continued on next slide)

13. Reasonable Suspicion Criteria, continued Arrest or conviction for a drug-related offense; or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use, or trafficking; Information provided by a credible source; or Evidence that the employee has tampered with a previous drug test. Although reasonable suspicion does not require certainty, mere “hunches” are not sufficient to meet this standard.

14. Accidents and Unsafe Practices Based on the circumstances of the accident or unsafe act, testing may be initiated when there is: –Evidence of an unsafe practice. –Significant damage to property. –Careless operation of a vehicle. –Significant injury to persons. –A pattern of erratic incidents.

15. Questions?