POST-ACCIDENT TESTING PROCEDURES

District policy requires testing for prohibited drugs and alcohol in the case of certain commercial motor vehicle accidents. Post-accident testing is mandatory for accidents where there is a loss of human life and for other non-fatal accidents.

9. The supervisor ensures that all injured people receive proper medical care.

10. A post-accident test is determined by the following situations:

11.

3. The safety-sensitive employee will be taken to the collection site and tested as soon as practicable following the accident. The breath alcohol test should be performed within two hours of the accident. If the breath alcohol test is not performed within two hours, the supervisor shall prepare and maintain on file a record stating the reasons why the test was not administered. If the breath alcohol test still cannot be administered within eight hours following the accident, the supervisor shall cease all attempts and update the records accordingly. The safety-sensitive employee should remain readily available for breath alcohol testing for up to eight hours following an accident and for drug testing up to 32 hours after the accident, including notifying his/her location, or he/she may be deemed to have refused to submit to testing. Fallbrook P.U.D. will document all accidents of employees and their decision whether to test under Fallbrook P.U.D.’s authority.

12. If the safety-sensitive employee is injured and needs medical treatment, provisions will be made to perform an alcohol test within eight hours and a drug test within 32 hours of the accident.

13. The safety-sensitive employee is prohibited from using alcohol for eight hours, prior to testing.

14. Pending the results of a verified positive test, the safety-sensitive employee will be removed from their safety-sensitive position, if medically cleared to return to work, on a case-by-case basis.

15. If the safety-sensitive employee is tested for alcohol, and the test is positive (0.04 or greater), the safety-sensitive employee will be removed from duty and referred

Human fatality YES YES

NO YES

Bodily injury with YES YES immediate medical

treatment away from NO NO the scene.

Disabling damage to YES YES any motor vehicle

requiring tow away NO NO

Non-Regulated Post-Accident Testing

If an employee is in an accident that does not meet the above criteria for a accident test, Fallbrook P.U.D. may still require the employee to take a post-accident test under Fallbrook P.U.D.’s independent authority.

Type of Accident Involved Citation Issued: Test Must be Performed:

to the SAP. If the test is 0.02 -0.40, the safety-sensitive employee will be removed from duty for at least 24 hours.

16. If the safety-sensitive employee refuses to be tested or if the test is confirmed positive, the safety-sensitive employee is removed from duty and referred to the SAP.

17. Safety-sensitive employees who test positive for drugs or alcohol will be subject to disciplinary action up to and including termination.

F. RANDOM TESTING PROCEDURES

The District’s policy requires random testing for prohibited drugs and alcohol misuse for all safety-sensitive employees. Random testing identifies employees who are using drugs or misusing alcohol but are able to use the predictability of other testing methods to escape detection. More importantly, it is widely believed that random testing serves as a strong deterrent against employees beginning or continuing prohibited drug use and misuse of alcohol while on the job.

11. Random drug and alcohol testing only applies to safety-sensitive employees.

An identification number (commonly your SS #) will be included in a selection pool.

12. Random drug and alcohol testing is accomplished by a scientifically valid, tamper-proof, computer-generated selection process. Fallbrook P.U.D. will randomly select individuals for testing through National Safety Compliance, Inc.'s (Third Party Administrator) random test selection program without showing discrimination. The program uses a special algorithm that helps to avoid potential concerns an employee may have concerning selection for a random test. When selected by random, safety-sensitive employees will submit to testing immediately at a pre-established place or "On Location" testing site. A surplus will be randomized to allow for selected employees who are not available. “Not available” is limited to employees who are not at work due to vacation, sick leave, disability, or scheduled time off. This does not mean that the employee cannot be tested when they return to work.

13. At the time of a random selection, a primary list containing the names of the covered employees selected for random drug and/or breath alcohol test is transmitted confidentially to the DER from the Third Party Administrator. No employee will be removed from the random pools following selection, and every employee will continue to be subject to selection throughout the year. Every employee in the random pool has an equal chance of being selected every time.

14. Random testing will be conducted during all hours of operation, all shifts, and all days of the week including weekends so long as Fallbrook P.U.D. is in operation or a safety-sensitive employee is conducting safety-sensitive functions. No shift is exempt from testing.

15. The total number of alcohol tests completed annually must equal at a minimum of 10% of the eligible safety-sensitive employees in the random pool. The total number of drug tests completed each year must equal at a minimum of 50% of the number of safety-sensitive employees.

16. Random drug testing may be conducted concurrently with random alcohol testing or at any time during an employee’s shift. Random alcohol testing will be conducted just before the employee is scheduled to perform a safety-sensitive function, while the employee is performing safety-sensitive functions or just after the employee performs a safety-sensitive function. The employee must proceed to the test site immediately after being notified that he or she has been selected for testing.

17. A manager or supervisor will notify safety-sensitive employees of their random selection. If applicable, a supervisor shall document an employee’s random test notification. Once notified, the safety-sensitive employee must submit to a drug and/or alcohol test. Failure to cooperate with the collection procedures, or failure to submit to the test in any way constitutes a refusal to test, which results in the same consequences as a positive test result.

18. If there is a confirmation breath alcohol test of between 0.02% or greater but less than 0.04%, the safety-sensitive employee will be relieved from duty immediately.

The safety-sensitive employee will not be permitted to perform or continue to perform safety-sensitive functions, until the start of the safety-sensitive employee’s next regularly scheduled duty period, but not less than 24 hours following administration of the test.

19. If there is a confirmed positive breath alcohol test (0.04% or above) and/or confirmed positive drug test, the employee will be removed from safety-sensitive duty immediately. The safety-sensitive employee cannot return to work until he/she has been released by a SAP, successfully completes the required rehabilitation, and passes a return-to-duty test.

20. Safety-sensitive employees who test positive for drugs or alcohol will be subject to disciplinary action up to and including termination. If, for some reason an employee who has been selected for a random test, but is not able to take the test during the testing period, documentation will be made and forwarded to the Third Party Administrator for proper documentation of why the test was not performed.

G. RETURN-TO-DUTY AND FOLLOW-UP TESTING PROCEDURES Before any safety-sensitive employee can be allowed to return-to- duty to perform a safety-sensitive function following a verified positive drug test, a positive breath alcohol test, a refusal to submit to a test, or engaging in conduct prohibited by the regulations regarding alcohol misuse or controlled substance use, the safety-sensitive employee must first be evaluated by a Substance Abuse Professional (SAP) and pass the return-to-duty test ordered by the SAP.

Return-to-duty Testing

3. If a safety-sensitive employee tests positive (0.04 >) for alcohol or positive for prohibited drugs, refuses to test, or substitutes/adulterates his/her specimen, the SAP must evaluate the employee and prescribe a rehabilitation program the employee must complete. The employee will be re-evaluated by the SAP to determine whether the employee may be released to be considered for return to a safety-sensitive position.

4. The SAP or DER will schedule the safety-sensitive employee for a return-to-duty drug test and/or breath alcohol test. If the return to duty test(s) is negative, the employee can be returned back to perform safety-sensitive functions. If the return-to-duty drug and/or alcohol test is positive, it counts as a second positive.

5. If the return-to-duty drug test is positive, a split sample can be analyzed if requested by the safety-sensitive employee within 72 hours of being notified of the positive result. The result will be reviewed by the MRO. If it is verified positive, the safety-sensitive employee will not be returned to duty and the test is considered a second positive.

6. Safety-sensitive employees who test positive for drugs or alcohol on a return-to-duty test will be subject to disciplinary action up to and including termination.

Follow-up Testing

4. Once an employee returns to a safety-sensitive position, the employee shall be subject to unannounced follow-up testing for at least 1 year but no more than 60 months. The type, frequency and duration of the follow-up testing will be recommended by the SAP; however, a minimum of six tests shall be performed during the first 12 months after the safety-sensitive employee has been returned to duty. Follow-up testing does not exclude an employee from the random testing program. This means that a safety-sensitive employee is subject to random testing as well as follow-up testing and both could occur at the same time or the same day or thereafter.

5. Follow-up alcohol testing shall be performed either just before, during or just after the safety-sensitive employee performs a safety-sensitive function.

6. If any follow-up drug and/or alcohol test is verified positive, the safety-sensitive employee will be immediately removed from the safety-sensitive position.

Disciplinary action will be imposed up to and including termination.

EXHIBIT A

SIGNS AND SYMPTOMS OF PROHIBITED DRUGS

4. AMPHETAMINES are central nervous system stimulants that tend to make people

“hyper or jumpy”. They are often used by drivers to stay awake and to counteract the effects of drowsiness, and are especially dangerous to take while driving. They are taken either orally or injected.

Signs and Symptoms: hypersensitivity, exhaustion, dilated pupils, grinding teeth, sweating, loss of appetite, dry mouth, excessive talking.

Effects on Driving and Working Safely: impaired judgment, more likely to take risks, delayed reaction time, tendency to over-steer or over-brake, impaired coordination.

5. COCAINE is a stimulant to the central nervous system and gives the user an intense feeling of well-being or euphoria. A more potent form of cocaine is “crack cocaine”

which is especially dangerous, addicting, and can cause death the first time it is used.

Cocaine is used by inhaling, injecting or snorting.

Signs and Symptoms: mood swings, weight loss, depression, nosebleeds, bad breath, restlessness, irritability, euphoria, uncontrollable sniffing.

Effects on Driving and Working Safely: slowed reaction time, distorted vision and depth perception, unable to measure time and distance accurately.

6. MARIJUANA is a depressant and mind altering drug that causes hallucinations in the brain. Impairment of reflexes and thought processes can last more than 24 hours after use. When taken with alcohol, the effects of both are magnified greatly. Marijuana is either smoked or eaten.

Signs and Symptoms: dilated pupils, giddiness, mood swings, slowed reflexes, slowed thinking, short-term memory loss, and reduced concentration.

Effects on Driving and Working Safely: slowed reaction time, driving slower than speed limit, slows driver’s reflexes, poor concentration, impaired visual tracking and depth perception.

4. OPIATES are classified as a narcotic analgesic that tends to have a sedating, calming effect, and act as a depressant to the central nervous system. Opiates are prescribed for pain relief by doctors, however the abuser will use the drug to relax and escape. Some opiates have serious side effects such as nervousness, nausea and restlessness. Opiates are taken either orally, injected, or smoked.

Signs and Symptoms: mental confusion, memory loss, slurred speech, hostility, drowsiness, depression, euphoria, and reduced feeling of pain.

Effects on Driving and Working Safely: lack of concentration, distorted vision and distorted sense of time and distance.

5. PHENCYCLIDINE (PCP) is commonly called “Angel Dust” and is a disassociative anesthetic. Users of PCP may experience hallucinations, confusion, and lack of coordination with long-term effects of psychotic be- havior with violent acts. PCP may be smoked, snorted, or injected.

Signs and Symptoms: delusions, confusion, panic, anxiety and increased blood pressure.

Effects on Driving and Working Safely: impaired coordination, more likely to take risks, and aggressive actions with vehicle.

6. ALCOHOL is a socially accepted drug, however as a depressant it slows down physical responses and progressively impairs mental functions. When it is consumed for its physical and mood altering effects, it is a substance of abuse.

Long term abuse causes fatal organ diseases, cancer, decreased sexual functioning and birth defects. Impairment is related to many factors including: gender, body size and weight, being healthy, rested vs. tired and even location (altitude).

Signs and Symptoms: slowed reaction rate, slurred speech, odor of alcohol on breath, lack of coordination, dulled mental processes.

Effects on Driving and Working Safely: blurred vision, slowed reaction times, impaired judgment, aggressiveness, and drowsiness.

EXHIBIT B

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Third Party Administrator Medical Review Officer

SAMHSA-Certified Laboratory

Employee Assistance Program

On-Site Collector

Substance Abuse Professional Designated Employer Representative National Safety Compliance, Inc.

EXHIBIT C