Indiana State Pipe Trades Association/Mechanical Contractors Association of Indiana Statewide Drug and Alcohol Testing

Effective March 1, 2003, this policy supersedes all prior policies, procedures, and practices related to the use and/or abuse of drugs and/or alcohol.

Collection Sites (updated May, 2014)

TABLE OF CONTENTS

**Click on a section title to go directly to that section.**

A.     POLICY STATEMENT 
B.     POLICY ADMINISTRATION
        1.     Prohibited Substances
        2.     Testing Procedures
        3.     Substance Abuse Policy Coordinator 
C.    VOLUNTARY IDENTIFICATION AND REHABILITATION/TREATMENT
D.    TESTING OF EMPLOYEES
        1.     Initial Testing
        2.     Random Testing
        3.     Annual Testing
        4.     Reasonable Cause Testing
        5.     Post-Accident Testing
        6.     Return To Work Testing
E.     PRESCRIPTION/NONPRESCRIPTION DRUGS OR MEDICATIONS
F.     SANCTIONS / CONSEQUENCES
G.    CONFIDENTIALITY
H.    DUTY TO COOPERATE
I.     AMENDMENTS TO POLICY
J.     DEFINITIONS

 

 

 

 

 

 

 

 

 

 

 

 

 


A.   POLICY STATEMENT

MECHANICAL CONTRACTORS ASSOCIATION OF INDIANA ("MCAI"), on behalf of its member contractors, and the INDIANA STATE PIPE TRADES and its affiliated United Association Local Union Nos. 136, 157, 166, 172, 440, 661 and 669 (collectively, the "Union"), together recognize that the use and abuse of drugs and alcohol can seriously impair an employee's ability to perform safely and efficiently his or her duties.  Drug and alcohol use and abuse not only jeopardize the public's and co-workers' safety, they undermine the public's confidence in the construction industry.

Because the use of drugs and alcohol in the work place pose a significant threat to the safety of the public and employees, the MCAI and the Union have established this policy as a part of their ongoing efforts to maintain a drug and alcohol-free work place.

All employees are expected to report to work free of alcohol and illegal drugs and not to sell, purchase, distribute, dispense, possess, or use or conspire to sell, purchase, distribute, dispense, possess, or use an illegal drug or alcohol on a job site or during working time.  Likewise, all employees are expected not to misuse or abuse any prescription or nonprescription medications.  MCAI and the Union look to all employees to support this policy to ensure quality service to the public and to better the overall safety, health, productivity, and welfare of all employees.  Employees are asked to discourage co-workers from violating this policy and are expected to cooperate in efforts to enforce this policy and in any investigation of its violation.

All employees and applicants for employment to positions covered by the collective bargaining agreements supplemented by this negotiated policy are subject to this policy.  All Contractor employees that are not covered by the collective bargaining agreementsare subject to this policy. Each individual will be issued an Identification Card, which reflects the results of the most recent negative drug/alcohol testing related to that employee.  To be eligible to work on a job site, an individual must possess a validIdentification Card, as defined in this policy.

Upon an employee's arrival at a job site or office, the contractor shall request the employee to present his Identification Card.  Contractors may verify with Midwest Toxicology Services, Inc. (Midwest Toxicology) the status of an individual, whether or not he presents a valid card.  If the individual does not possess a valid card, he must take, and pass, an initial test, as described in this policy, prior to commencing work.

[ Back to Top ]

B.   POLICY ADMINISTRATION

1.   Prohibited Substances

A drug is any substance which may impair mental or motor functioning including but not limited to illegal drugs, controlled substances, "designer" drugs, synthetic drugs, and, under certain circumstances described in this policy, prescription or nonprescription drugs and medications.  Alcohol includes all beverages, mixtures, substances, medications, inhalants, or preparations which contain alcohol.  Drugs and alcohol as defined above are prohibited substances.

Although this policy prohibits the use of any illegal drug, testing will be done for the following substances:

  • Marijuana

  • Cocaine

  • Opiates, including Morphine and Codeine

  • Amphetamines

  • Phencyclidine (PCP)

  • Barbiturates

  • Benzodiazepine Oxazepam

  • Methadone

Depending upon the circumstances, testing may also be done for alcohol.  Employees involved in an accident/incident, or who demonstrate a reasonable cause for testing, shall be required to take an alcohol and drug test.

Tests for alcohol shall be performed using breath, saliva or blood to determine a BAC (blood alcohol content).  If possible, a Breathalyzer type instrument conforming to DOT standards should be used.  If that is not available, then a blood draw may be used.

2.   Testing Procedures

  1. All urine and blood testing shall be performed only by a laboratory certified by the U.S. Department of Health and Human Services.

  2. All drug testing shall be conducted in accordance with the U.S. Department of Health and Human Services' "Mandatory Guidelines for Federal Workplace Drug Testing Programs."

  3. Any result on a screening test which exceeds the levels set forth below shall be confirmed by a subsequent test conducted using the Gas Chromatography/Mass Spectrometry assay recognized by the U.S. Department of Health and Human Services.  No adverse action or discipline shall be taken against any employee or applicant for employment on the basis of the result of a screening test which is not confirmed to be "positive" by such subsequent test.

  4. A "positive" drug test result shall mean test levels that are recognized as positive on both the screening test and the confirmatory test under the "Mandatory Guidelines for Federal Workplace Drug Testing Programs."

          The following levels will constitute a positive drug test:

 

Screening
Levels

-(ng/ml)-

Confirmation
Levels

 

 

 

 

Amphetamines

            1000

 

 

            Amphetamine

 

 

            500

            Methamphetamine

 

 

            500

 

 

 

 

Cocaine Metobolites

            300

 

            150

 

 

 

 

PCP-Phencyclidine

            25

 

            25

 

 

 

 

Opiate Metobolites

            2000

 

 

            6-Acetylmorphine

 

 

            10 ng/ml

            Morphine

 

 

            2000

            Codeine

 

 

            2000

 

 

 

 

Marijuana Metobolites

            50

 

            15

 

 

 

 

Barbiturates Diverse

            300

 

            200

 

 

 

 

Benzodiazepine Oxazepam

            300

 

            300

 

 

 

 

Methadone

            300

 

            300

          A "positive" alcohol test result shall mean alcohol concentration at or above .04%.

  1. In the case of a "positive" drug test result, the employee shall be so advised by the Medical Review Officer ("MRO"),[1] on a confidential basis, prior to the reporting of the results to the employer, and the employee shall have the right to discuss and explain the results including the right to advise the MRO of any medication prescribed by the employee's own physician which medication may have affected the results of the test.  After notification to the employee, the employer and the union shall be notified by 10:00 a.m. the following day.  The MRO may verify tests as positive without having communicated directly with an individual about the results if the individual expressly declines the opportunity to discuss the test.

  2. An employee testing "positive" shall have the right to have the balance of the original sample tested at another SAMSHA accredited lab if the employee makes written request to retest to the Policy Coordinator within 72 hours of receipt of notice of a positive drug test from MRO.  A retest is based on the presence of the controlled substance.  If no presence is detected, the test will be considered negative, and the employee shall be allowed to resume work immediately and be reimbursed for the cost of the test, and lost time, if any. A retest will not be conducted until the employee has paid for the test. The employee must submit a check for the cost of the retest at the time he/she requests the retest (in the 72 hour window). 

  3. Individuals subject to this policy continue to have access to the usual protections provided as a part of their union membership and/or as members of bargaining units covered by collective bargaining agreements.  Such individuals may request that a union representative be available or present prior to any action taken by an employer, if any, at any stage of the policy and its administration.  If an individual is aggrieved by any action taken under this Drug Policy and his/her complaint cannot be resolved, the complaint may, if the individual or Union requests, be referred as a grievance under the grievance and arbitration provisions of the individual’s collective bargaining agreement.  In the event the matter is referred to arbitration, the arbitrator shall be bound substantively by the provisions of this Drug Policy.

3.   Substance Abuse Policy Coordinator

Midwest Toxicology, an independent corporation with a history of managing drug testing programs, has been contracted to serve as the Substance Abuse Policy Coordinator.  It is the intent of the MCAI and the Union to outline the specific duties of the Substance Abuse Policy Coordinator and to govern those activities by serving as advisors to the Substance Abuse Policy Coordinator.

[ Back to Top ]

C.   VOLUNTARY IDENTIFICATION AND REHABILITATION/TREATMENT

Any employee who voluntarily identifies himself as having a drug- or alcohol-related problem will not be subject to discipline for volunteering that fact.  Rather, the employee must surrender his Card and pursue counseling, rehabilitation, or treatment to eliminate dependence on drugs or alcohol.

Employees who volunteer such information and participate in a counseling/rehabilitation/ treatment program are not relieved of their obligation to comply with this policy and applicable rules concerning alcohol and drugs.

Since the key to any rehabilitative effort is an employee's willingness to admit and seek to remedy the problem, this provision is not available to an employee who requests protection after being asked to submit to a test or after the employee's use of drugs or alcohol becomes a personnel issue based on direct observation or other reliable evidence, such as an arrest or criminal conviction for a drug- or alcohol-related offense.

If the employee is actively participating or has successfully completed the counseling/rehabilitation/ treatment program as verified in writing by the Employee Assistance Program (EAP), the employee will be eligible to work after passing a return-to-work test, as described in this policy.  Return from rehabilitation is also conditioned upon the employee's compliance with individual responsibilities, which may include obtaining follow-up counseling and/or treatment as recommended by the EAP.

Any costs associated with the voluntary counseling/rehabilitation/treatment program will be at the employee's expense unless the charge is specifically covered under the EAP or an applicable insurance policy, and the employee is an active participant in the insurance program.

MCAI and the Union encourage all participants troubled by their own or a family member’s drug or alcohol abuse to seek professional care and treatment.  Early recognition and treatment of alcohol and drug abuse provides the greatest opportunity for successful recovery.  MCAI and the Union provides an Employee Assistance Program (EAP) for all participants and their families who need professional guidance in assessing their substance abuse or alcohol-related problem and choosing an appropriate course of treatment.  Current participants will be referred to an EAP representative as a result of a positive drug test or upon an individual’s own request.  In either case, the content of discussion with the EAP will be totally protected and confidential to the extent it is allowed, by law.  A participant who seeks the services of the EAP on his/her own, will never have his/her use of the program brought to the attention of MCAI and the Union or any of its subscribing organizations or participants.  Individuals who use the EAP as a consequence of a positive drug test will be subject to the conditions established in the drug testing portion of this policy.

The Employee Assistance Program (EAP) is a member resource sponsored by MCAI and the Union.  The EAP provides confidential assistance to participants who are experiencing substance abuse or alcohol-related problems in their own lives, or who have family members with a similar problem that requires attention. Because alcohol and drug problems affect all areas of a person’s life and because individuals and families often recognize the consequences of alcohol and drug problems without attributing these problems to the alcohol and/or drug use, the EAP is also available to assist with family, marital, parenting, emotional health, mental health, stress and financial issues.  Addressing these issues not only uncovers cases of alcohol and drug abuse, but also provides preventive services to help families cope with issues in everyday living that can lead to substance abuse. The staff of the EAP have knowledge of the level and types of benefits available to MCAI and the Union participants.  Participants can access the service of the EAP through a hotline that is staffed twenty-four (24) hours a day, seven (7) days a week, throughout the entire year.  Participants calling the EAP hotline are put in touch with a counselor who will conduct a professional assessment and may meet with them to further assess the nature of the problem in order to provide the best and most appropriate level of care.  The EAP is staffed by certified and credentialed human services professionals who are sensitive to the needs of the individual.  Individuals who take the initiative to contact the EAP for assistance do so with the assurance that their calls will be treated respectfully and confidentially.  The direct services provided by the EAP are sponsored by MCAI and the Union.

[ Back to Top ]

D.   TESTING OF EMPLOYEES

The following are circumstances under which testing will be conducted:

1.   Initial Testing

All persons who are otherwise eligible to obtain an Identification Card will be instructed to report and provide a urine sample at an approved collection site at a specified time, under procedures that will be provided to the individual.

2.   Random Testing

In order to maintain a valid Identification Card, all individuals are subject to random testing.  The employees chosen for a random drug test will be selected anonymously, from a computerized selection program. If an individual is selected for testing, he/she will be notified to report immediately to an approved collection site at a specified time.  Random selection will test 1/12th of the then-current covered workforce of each participating local union, each month, without prior notice.

3.   Annual Testing

In order to maintain a valid Identification Card, each individual will be tested at least every twelve (12) months. 

4.   Reasonable Cause Testing

When there is reasonable cause to believe that an employee is under the influence of drugs, testing will be required.  When there is reasonable cause to believe that an employee has used alcohol, testing may be required.  The EAP will make available supervisory training in the signs and symptoms of alcohol and drug abuse in the workplace as well as in how to intervene with reasonable cause cases.  The EAP will be available 24 hours a day to consult with supervisors regarding probable cause cases.

"Reasonable cause" testing may be based upon such things as:

  1. Specific, contemporaneous, articulable obser­va­tions concerning the appearance, behavior, speech, or body odors of the employee, includ­ing observa­tion of drug use, drug possession, or possession of drug paraphernalia, physical signs or symptoms of being under the influence of a drug or alcohol, and signs and symptoms of chronic and/or withdrawal effects of drugs;

  2. A pattern of abnormal or erratic behavior as evidenced by the employee's work time actions, appearance, or conduct;

  3. Arrest for a drug-related offense while at the worksite or in company vehicle.

  4. Newly discovered evidence that the employee has tampered with a prior drug test.

If feasible, the employee's conduct will be witnessed by at least two supervisors.  If not feasible, one supervisor's observations are sufficient.  Reasonable cause can also be based upon a report received from a third party observer if the report is independently corroborated. A copy of report will be sent to the employer, employee and the union.

If an employee is suspected of using illegal drugs or alcohol, the appropriate supervisor (one who was involved in the reasonable cause determination) will gather all information, facts, and circumstances leading to and supporting the suspicion.  An employee who is required to submit to a reasonable cause drug screen will be suspended until the results of the test are disclosed to the employer.  If the test result is negative, the employee will be paid for the days of work missed.

When the supervisor(s) has reasonable cause to believe that the employee has used drugs or alcohol, a written report detailing the circumstances, which formed the basis to warrant testing, will be made, and the employee will be directed to submit to testing. A copy will be sent to the employer, employee and the union.

In any reasonable cause situation, the employer will ensure that the employee is transported to an appropriate facility.  The employee may request that a Union representative also be present.  In the absence or unavailability of a Union representative, the testing process will not be delayed. The employer will ensure the employee is transported back to the work site, where a spouse, family member, or other individual will be contacted to transport the employee to the employee's residence.  In the event no such individual is available, the employer will provide transportation to the employee's residence.  If the employee refuses to agree to any of these procedures and attempts to operate his or her own vehicle, the employer may take appropriate efforts to discourage the employee from doing so, up to and including contacting local law enforcement officials.  Any employee failing to cooperate with any of the procedures described above will be subject to discharge and revocation of the Identification Card.

5.   Post-Accident Testing

For purposes of this policy, an accident is an event that occurs while an employee is on working time or conducting a contractor's business, whether on or off a job site, when that event results in (1) death, (2) bodily injury to a person who receives medical treatment away from the scene of the accident, or (3) property damage.

As soon as possible, but no later than two (2) hours after an accident, each employee whose performance either may have contributed to the accident or cannot be completely discounted as a contributing factor to the accident, will be tested.  An employee who is seriously injured and cannot provide a specimen at the time of the accident shall provide the necessary authorization for obtaining samples, hospital reports, and/or other documents that would indicate whether there were drugs or alcohol in his or her system at the time of the accident.  An employee who refuses to provide such authorization will be considered to have refused to submit to testing.

If there is a reasonable cause basis for the post-accident test, the employee will be subject to all the reasonable cause provisions.

6.   Return To Work Testing

  1. Any employee returning to work after an absence of any duration for a positive test result and/or counseling/rehabilitation/treatment purposes must satisfactorily pass a drug screen to be eligible to work.

  2. For twelve (12) months after an employee returns to work from a positive test result and/or counseling/rehabilitation/treatment, the employee will be subject to not less than four (4) unannounced follow-up tests. The Substance Abuse Policy Coordinator will schedule any unannounced tests under this policy.  The Substance Abuse Policy Coordinator will give the employee notice of such unannounced tests by phone or mail.  The employee must take the test within twenty-four (24) hours after receiving notice; if not the employee will be considered to have failed the test.

  3. There will be no reimbursement for Return to Work and Follow-Up Testing.

[ Back to Top ]

E.   PRESCRIPTION/NONPRESCRIPTION DRUGS OR MEDICATIONS

The misuse of any prescription or nonprescription drug or medication is also prohibited.

If an individual is using a prescription drug that may impair his/her mental or motor functions so as to affect his/her ability to perform safely their duties and responsibilities, the individual must report the use of that prescription drug to his/her supervisor prior to reporting to work after its use.  Each contractor reserves the right to determine whether an individual can safely perform his/her duties and responsibilities while taking the prescription drug.  The contractor will determine the appropriate action to ensure workplace safety.

If an individual is using a non-prescription medication that has written warning that indicate use may impair mental or motor functions so as to affect his/her ability to perform safely their duties and responsibilities, the individual must report the use of that non-prescription medication to his/her supervisor if the medication is taken prior to or during work time.  The contractor will determine the appropriate action to ensure workplace safety.

[ Back to Top ]

F.   SANCTIONS / CONSEQUENCES

1.      Positive test results:

a)      An employee testing positive for the first time must surrender his/her Identification Card, will be ineligible to work, and will be discharged.  The employee will be ineligible for work for a period of thirty (30) days and, upon returning to work, is subject to unannounced Follow-Up testing for one (1) year.

b)      A second positive test will result in the employee being discharged and revocation of the Identification Card.  The employee will be ineligible for work for ninety (90) days and, upon returning to work, is subject to unannounced Follow-Up testing for one (1) year.

c)      A third positive test will result in the employee being discharged and revocation of the Identification Card.  The employee will be ineligible to retest or obtain the Identification Card for a period of one (1) year.  The employee will be ineligible for work for a period of one (1) year.  The employee may apply for reinstatement to the Drug Policy Committee after one (1) year.  If the employee is reinstated, he/she is subject to unannounced Follow-Up testing for one (1) year.  Any subsequent positive tests will be treated the same as the third positive test.

d)      The employee will be directed to contact the EAP for evaluation and recommendations for assistance.  The EAP can be reached at 317-962-8001.

e)      Before becoming eligible to work, the employee must complete an evaluation with the EAP, complete and/or continue to follow the treatment prescribed by the EAP, and obtain from the EAP a written report of compliance with the EAP's recommendations for assistance, which will be sent to Midwest Toxicology and will include a statement as so the participant's completion of EAP recommendations or the participant's required involvement in ongoing EAP recommendations as well as the recommended timing of the Return to Work test. 

f)        The employee must also submit to a return to work test, as described in this policy, and is subject to unannounced follow-up testing as recommended by the EAP, and as described in this policy.

g)      The costs of the above are to be borne by the EAP program or the employee.  The employee is responsible for all costs after the third positive test result.

2.      Employees whose test results show an alcoholic concentration of at least .04% shall be deemed as testing positive and shall be discharged pursuant to the Sanctions/Consequences (F. Sanctions/Consequences, 1. Positive test results: a through 

3.      A diluted specimen result will require a retest.  The Substance Abuse Policy Coordinator will report the dilute to the designated contractor and/or union representative.  An employee providing a diluted specimen shall be given the opportunity to retest the following day after notification.  The employee should refrain from consumption of fluids after 9:00 pm the night before recollection.  The employee should limit fluid intake to a minimum the day of and up to collection time.  If the employee cannot attend the retest the following day, the employee must receive approval from the Substance Abuse Policy Coordinator to retest at a later date.  A second diluted test without a medical reason carries the same consequences as testing positive.  The Substance Abuse Policy Coordinator can at their discretion reject the explanation.  If two parties cannot agree, the Drug Policy Committee may consider the matter further

4.      Employees who switch, tamper, or attempt to switch or tamper with any screening test or sample will be discharged and the Identification Card revoked.  The result will be treated as a positive drug test, having the same consequences as a positive drug test. 

5.      Employees who refuse to submit to a drug or alcohol test as required by this policy or to execute any relevant documentation such as consent of release of information forms are subject to discharge and revocation of the Identification Card.  The result will be treated as a positive drug test, having the same consequences as a positive drug test.

6.      An employee who is convicted of, or pleads guilty to, a drug or alcohol related offense that occurred in the workplace will be discharged.  The result will be treated as a positive drug test, having the same consequences as a positive drug test.

7.      Any employee who is convicted of, or pleads guilty to, an alcohol or drug related offense that occurred outside the workplace may be discharged if driving is apart of the employee’s duties and responsibilities.  If the employee is in his own vehicle and on his own time, it will not be treated as a positive as far as the consequences are concerned.

 

[ Back to Top ]

G.   CONFIDENTIALITY

Test results will be disclosed only to those management employees and union representatives with a "need to know."

Any information related to an employee's drug or alcohol test results will otherwise be disclosed only if:

  1. The employee gives written permission to release the information;
  2. The information is released as evidence in an arbitration hearing, administrative proceeding, or legal action;
  3. The information is released as part of a governmental investigation; or
  4. Required by law.

All records and information regarding the personnel actions taken with respect to employees with verified positive test results will be maintained in a confidential file in the Human Resources Department.

[ Back to Top ]

H.   DUTY TO COOPERATE

As a condition of employment, employees are expected to abide by the terms of this policy.  To enforce this policy, a contractor may, from time to time, as part of an investigation, inspect personal property and all contractor property and equipment.  This does not include an employee's personal vehicle.

An employee's failure to cooperate with action to investigate and enforce this policy will subject the employee to discharge.

[ Back to Top ]

I.   AMENDMENTS TO POLICY

The governing body of this Policy and Program is the Drug Testing Policy Committee, which is comprised of an equal number of labor and management representatives.  This body may institute negotiated changes to the policy outside the scope of any general collective bargaining negotiations.  This body will generally follow the DOT guidelines when periodically modifying preliminary cut off and confirmation levels and adding new drugs.

[ Back to Top ]

J.   DEFINITIONS

TO ENSURE COMMON UNDERSTANDING OF TERMS, THE FOLLOWING DEFINITIONS SHOULD BE CONSISTENTLY USED:

Accredited Laboratory (SAMHSA):  A federally certi