True or False? White collar workers have fewer drug problems than blue collar workers. White collar workers have fewer drug problems than blue collar workers. Marijuana leaves the body with 28 days of smoking it. Marijuana leaves the body with 28 days of smoking it. Alcoholics drink every day. Alcoholics drink every day. Its safe to experiment with ice for a few months. Its safe to experiment with ice for a few months. Hawaii consumes more beer per person than any other state in the nation. Hawaii consumes more beer per person than any other state in the nation.

The ALCOHOL And DRUG TESTING (DAT) Program Mandatory Presentation to College Employees of HGEA Bargaining Units 02, 03, and 04 March 1, 2007, GT-105 Leeward Community College

Announcements: This presentation is an example ofpreaching to the choir. This presentation is an example ofpreaching to the choir. The program to be presented is NOT about Random Drug Testing. The program to be presented is NOT about Random Drug Testing.

PurposePurpose Keep the workplace free from the hazards of alcohol and controlled substance use. Keep the workplace free from the hazards of alcohol and controlled substance use. Promote employee performance of duty in a safe and productive manner. Promote employee performance of duty in a safe and productive manner. Provide due process for employees subject to: Provide due process for employees subject to: Drug and alcohol testing, and Drug and alcohol testing, and Disciplinary actions that may result. Disciplinary actions that may result. Keep the workplace free from the hazards of alcohol and controlled substance use. Keep the workplace free from the hazards of alcohol and controlled substance use. Promote employee performance of duty in a safe and productive manner. Promote employee performance of duty in a safe and productive manner. Provide due process for employees subject to: Provide due process for employees subject to: Drug and alcohol testing, and Drug and alcohol testing, and Disciplinary actions that may result. Disciplinary actions that may result.

Source Documents Memorandum of Agreement (MOA) Memorandum of Agreement (MOA) February 14, 2003 February 14, 2003 Hawaii Government Employees Association (HGEA) Hawaii Government Employees Association (HGEA) Hawaii State Government & County Governments Hawaii State Government & County Governments New collective bargaining provision New collective bargaining provision Bargaining units (BU) 02, 03, 04, 09, and 13 Bargaining units (BU) 02, 03, 04, 09, and 13 Executive Order Executive Order October 24, 2003 October 24, 2003 Excluded employees of BU 02, 03, 04, 09, and 13 Excluded employees of BU 02, 03, 04, 09, and 13

Definitions ALCOHOL: An intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight including methyl alcohol and isopropyl alcohol. ALCOHOL: An intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight including methyl alcohol and isopropyl alcohol. CONTROLLED SUBSTANCE (DRUG): Substance other than alcohol such as marijuana, cocaine, opiates, amphetamines, and phencyclidine. Other substances under the Controlled Substance Act may be added after consultation and mutual agreement with Union. CONTROLLED SUBSTANCE (DRUG): Substance other than alcohol such as marijuana, cocaine, opiates, amphetamines, and phencyclidine. Other substances under the Controlled Substance Act may be added after consultation and mutual agreement with Union.

DAT Categories of Employees Reasonable Suspicion: All Employees Reasonable Suspicion: All Employees Post-Accident: Regular Drivers Post-Accident: Regular Drivers Random: Health, Safety, or Public Trust (HSPT)* Random: Health, Safety, or Public Trust (HSPT)* Employees Employees Pre-Duty: Employees Applying For HSPT TA Pre-Duty: Employees Applying For HSPT TA Probationary: Initial/New HSPT Employees Probationary: Initial/New HSPT Employees Return to Work: Employees Who Test Positive Return to Work: Employees Who Test Positive Follow-Up: Employees Continuing Rehabilitation Follow-Up: Employees Continuing Rehabilitation After A Negative Return to Work Test After A Negative Return to Work Test * Deputy Sheriffs and Conservation & Resource Enforcement Officers Only

Categories of LCC Employees Reasonable Suspicion: All Employees Reasonable Suspicion: All Employees Return to Work: For Employees Who Have Tested Positive Return to Work: For Employees Who Have Tested Positive Follow-Up: Employees Continuing Rehabilitation After A Negative Return to Work Test Follow-Up: Employees Continuing Rehabilitation After A Negative Return to Work Test

Reasonable Suspicion BU 02 (Blue Collar Supervisor): Article 50 BU 02 (Blue Collar Supervisor): Article 50 BU 03 (White Collar Employee): Article 52 BU 03 (White Collar Employee): Article 52 BU 04 (White Collar Supervisor): Article 50 BU 04 (White Collar Supervisor): Article 50 The Union and Employer have reached an agreement on alcohol and controlled substance testing. Part one of the agreement pertains to alcohol and controlled substance testing for all Employees based on reasonable suspicion…

Prohibitions - Alcohol 1. Report to work and work with alcohol concentration of 0.04 or higher. 2. Possess alcohol while working. 3. Consume alcohol while working. 4. Work within 4 hours after using alcohol. 5. Use of alcohol for 8 hours after an accident, or until employees completes alcohol test. 6. Work after voluntarily admitting to alcohol problem until a negative return to work test is received. 7. Refuse to submit to a required alcohol test.

Prohibitions - Drugs 1. Report to work and work with a controlled substance in system EXCEPT when prescribed by employees physician and used as directed. 2. Possess alcohol while working EXCEPT when prescribed by employees physician and used as directed. 3. Work after voluntarily admitting to controlled substance problem until a negative return to work test is received. 4. Refuse to submit to a required alcohol test.

Reasonable Suspicion A supervisor* may direct an employee to submit to an alcohol and/or controlled substance test when that supervisor has reasonable suspicion to believe an employee have violated the prohibitions. _______________________________ * Employer designate (LCC Administrator or HR staff) who every 5 years has undergone training of at least 1 hour of alcohol misuse training and 1 hour of controlled substance use and indicators of probable use and misuse. LCC officials underwent 4 hours of DAT training in July 2006.

Reasonable Suspicion Based on specific contemporaneous*, articulable** observation by Supervisor of employees appearance, behavior, speech, or body odor. Based on specific contemporaneous*, articulable** observation by Supervisor of employees appearance, behavior, speech, or body odor. Observed employee witnessed by another employee. Observed employee witnessed by another employee. Written record of observation within 24 hours of observation with copy to employee. Written record of observation within 24 hours of observation with copy to employee.___________________________________________ * Current or recent; without unreasonable delay. ** Recognized symptom of impairment of alcohol or controlled substance use, and not reasonably explained by other causes.

Testing - General Should there be reasonable suspicion of a violation of the prohibitions, you will receive an Alcohol and/or Controlled Substance Test Notification. Should there be reasonable suspicion of a violation of the prohibitions, you will receive an Alcohol and/or Controlled Substance Test Notification. Purpose: Test for Alcohol and/or Controlled Substance Purpose: Test for Alcohol and/or Controlled Substance Type of Test: Reasonable Suspicion Type of Test: Reasonable Suspicion Employee to be Tested: Name and Department Employee to be Tested: Name and Department Test Information: Date, Time, and Location Test Information: Date, Time, and Location Other: I understand… Statement Other: I understand… Statement

Testing - Alcohol Comply with U.S. DOT rules (as defined) Comply with U.S. DOT rules (as defined) Protect employees privacy and be attributable to correct employee Protect employees privacy and be attributable to correct employee Method: Method: Evidential Breath Test Device (EBT) Evidential Breath Test Device (EBT) Conducted by a Breath Alcohol Technician (BAT) Conducted by a Breath Alcohol Technician (BAT) Vendor: Clinical Laboratories of Hawaii Vendor: Clinical Laboratories of Hawaii Positive: < 0.04 alcohol concentration level Positive: < 0.04 alcohol concentration level Confirmatory test mandatory Confirmatory test mandatory

Testing – Controlled Substances Comply with U.S. DOT rules (as defined) Comply with U.S. DOT rules (as defined) Protect employees privacy and be attributable to correct employee Protect employees privacy and be attributable to correct employee Method: Method: Split Sample Urinalysis Split Sample Urinalysis Immunoassay & Gas Chromatography Immunoassay & Gas Chromatography Vendor: Clinical Laboratories of Hawaii Vendor: Clinical Laboratories of Hawaii Positive: Detection of controlled substances at prohibited concentration levels Positive: Detection of controlled substances at prohibited concentration levels Medical Review Officer (MRO) Medical Review Officer (MRO) 3 rd Party Certified Laboratory 3 rd Party Certified Laboratory

Testing – Primary Question Is there a requirement that you submit to alcohol and drug testing if directed? YES An employee who refuses to submit to a required test shall be discharged.

Refusal to Test 1. Fails to provided adequate breath for alcohol testing without valid medical explanation. 2. Fails to provide adequate urine sample for controlled substance testing except as determined by medical evaluation.

Refusal to Test 1. Fails to provided adequate breath for alcohol testing without valid medical explanation. 2. Fails to provide adequate urine sample for controlled substance testing except as determined by medical evaluation. 3. Engages in conduct that obstructs the testing process such as: Refusal to take a test by statement or action. Refusal to take a test by statement or action. Refusal to sign appropriate forms as required. Refusal to sign appropriate forms as required.(Continued)

Refusal to Test -Continued 3. Engages in conduct that obstructs the testing process such as: (continued) Failure to report for a scheduled appointment. Failure to report for a scheduled appointment. Failure to report at collection site in allotted time. Failure to report at collection site in allotted time. Failure to provide adequate breath or urine specimen with reasonable time period. Failure to provide adequate breath or urine specimen with reasonable time period. Tampering with or attempting to adulterate specimen or collection procedure. Tampering with or attempting to adulterate specimen or collection procedure. Failure to cooperate or comply with BAT, MRO, or Substance Abuse Professional (SAP). Failure to cooperate or comply with BAT, MRO, or Substance Abuse Professional (SAP). Engages in conduct that clearly obstructs the testing process. Engages in conduct that clearly obstructs the testing process.

2 Strikes and Youre Out 1. First Positive Test: Employee Is Discharged… Unless…Signs Last Chance Agreement Unless…Signs Last Chance Agreement Will resign in event of 2 nd positive test; Will resign in event of 2 nd positive test; Accept an immediate 20 working day suspension; Accept an immediate 20 working day suspension; Submit to SAP evaluation and complete all educational and rehabilitation requirements; Submit to SAP evaluation and complete all educational and rehabilitation requirements; Submit to Return to Work and follow-up testing recommended by SAP; and Submit to Return to Work and follow-up testing recommended by SAP; and Pay for all treatment and rehabilitation costs. Pay for all treatment and rehabilitation costs.

2 Strikes and Youre Out 1. First Positive Test: Employee Is Discharged… Unless…Signs Last Chance Agreement Unless…Signs Last Chance Agreement Will resign in event of 2 nd positive test; Will resign in event of 2 nd positive test; Accept an immediate 20 working day suspension; Accept an immediate 20 working day suspension; Submit to SAP evaluation and complete all educational and rehabilitation requirements; Submit to SAP evaluation and complete all educational and rehabilitation requirements; Produce negative test result. Produce negative test result. Submit to Return to Work and follow-up testing recommended by SAP. Submit to Return to Work and follow-up testing recommended by SAP. 2. Second Positive Test: Employee Is Discharged.

Who Pays? Employer Expenses: Employer Expenses: All Required DAT Tests All Required DAT Tests SAP Evaluations & Services SAP Evaluations & Services Employee Expenses: Employee Expenses: Split Urinalysis Testing: 3 rd Party Laboratory Split Urinalysis Testing: 3 rd Party Laboratory Education and Rehabilitation Program Education and Rehabilitation Program Training Program Training Program Tests in Rehabilitation Program (as required) Tests in Rehabilitation Program (as required)

Employer MOA Requirements Obtain a signed statement from the employee that you have been provided Employees Handbook. Obtain a signed statement from the employee that you have been provided Employees Handbook. Explain the Drug & Alcohol Testing Program: Explain the Drug & Alcohol Testing Program: DAT employee categories; DAT employee categories; Prohibited conduct; Prohibited conduct; Circumstances that may result in D & A testing; Circumstances that may result in D & A testing; Procedures that will be used; Procedures that will be used; Refusal to Test definition and examples; Refusal to Test definition and examples; Consequences for violating Agreement; Consequences for violating Agreement; o Effects of alcohol and controlled substances; and o Employee designate information.

Effects of Drugs and Alcohol Employees Handbook Alcohol: Pages Alcohol: Pages Marijuana: Page 26 Marijuana: Page 26 Cocaine: Page 27 Cocaine: Page 27 Opiates: Pages Opiates: Pages Amphetamines: Page 28 Amphetamines: Page 28 Phencyclidine: Page 29 Phencyclidine: Page 29

Employer Designates Michael Pecsok, Interim Vice Chancellor for Academic Affairs/Chief Academic Officer Michael Pecsok, Interim Vice Chancellor for Academic Affairs/Chief Academic Officer James Goodman, Interim Dean, Arts & Sciences James Goodman, Interim Dean, Arts & Sciences Michael Tagawa, Dean, Career & Technical Education Michael Tagawa, Dean, Career & Technical Education Nicole Striegel, Dean, Student Services Nicole Striegel, Dean, Student Services Mark Lane, Vice Chancellor for Administrative Services Mark Lane, Vice Chancellor for Administrative Services_________________________________________________________________________________________________________________________________________ Michael Wong, Campus Personnel Officer Lori Lei Hayashi, Personnel Officer Darren Wastell, Personnel Officer

Questions?

True or False? White collar workers have fewer drug problems than blue collar workers. FALSE White collar workers have fewer drug problems than blue collar workers. FALSE Marijuana leaves the body with 28 days of smoking it. FALSE Marijuana leaves the body with 28 days of smoking it. FALSE Alcoholics drink every day. FALSE Alcoholics drink every day. FALSE Its safe to experiment with ice for a few months. FALSE Its safe to experiment with ice for a few months. FALSE Hawaii consumes more beer per person than any other state in the nation. TRUE Hawaii consumes more beer per person than any other state in the nation. TRUE

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