20 CAR pt. 835, Appendix F
| Page | |
|---|---|
| Purpose | F-1 |
| Scope | F-1 |
| Policy | F-1 |
| ARS Customer Responsibility | F-1 |
| Drug or Alcohol Screenings | F-2 |
| Remedial Actions | F-3 |
| ARS Substance Free Signature Form | F-4 |
| Substance Free Policy Definitions | F-5 |
ARS desires to create an environment that protects the public health and safety of ARS customers and staff as it relates to substance use. The purpose of this policy is to ensure that ARS customers have available vocational rehabilitation services to assist them in becoming employed without the risk of being affected by others utilizing drugs, alcohol or other substances. It is our obligation to customers as well as employees that the ARS experience is provided in the safest and most positive settings possible.
This policy is applicable to all customers seeking, applying for, or receiving assistance from ARS.
Unlawfully manufacturing, distributing, dispensing, possessing, or using a controlled or illegal substance while an ARS customer is participating in vocational-rehabilitation services is prohibited. Use of prescription drugs other than those prescribed to an ARS customer by a licensed health care professional is likewise prohibited. Any ARS customer violating this policy will be subject to remedial action.
ARS customers seeking, applying for, or receiving vocational rehabilitation services or pre-employment related services may receive a request from ARS to submit to a drug or alcohol test. ARS customers refusing to submit to testing may be subject to remedial action.
ARS customers residing at ACTI may be required to return to their field counselor for assistance with counseling and/or treatment.
ARS customers who reside at ACTI may randomly have their premises searched by a drug dog or designated personnel as deemed necessary by the ACTI Administrator. The customer will be asked to be present at the time of the search.
ARS customers are required to inform the agency within five (5) business days after a conviction related to substance use. A conviction means a pleading or finding of guilt (including a plea of nolo contendere) by a court of competent jurisdiction.
ARS customers may be required, as part of resuming services under their Individual Plan of Employment, to successfully finish a substance abuse rehabilitation program, sponsored by an approved private or governmental institution. ARS may, on a case-by-case basis and through agreement between the customer and counselor, provide financial assistance with such a program.
ARS customers entering a training, internship, apprenticeship or employment-related program that requires drug or alcohol screening as part of the process will be subject to remedial action if they fail the drug or alcohol screening.
ARS customers who are high school students are subject to both their school policies and this policy while actively participating in an ARS program.
Drug or alcohol screening may be conducted pursuant to the Substance Free Policy based on (1) the customer's self-disclosure that he or she is currently using illegal drugs, or (2) the reasonable suspicion of ARS staff, including the customer's counselor, that the customer is currently using illegal drugs. ARS staff will ensure that any drug or alcohol screens are performed by a certified laboratory and interpreted, if deemed necessary by the counselor, by a licensed health-care professional. ARS will cover the costs of required drug or alcohol screens. Such screens may involve urine, saliva, or blood samples, and breath analysis when screening for alcohol. Students at ACTI will have samples collected by the ACTI Hospital Laboratory during working hours, or by a certified laboratory after hours, with screening completed by a third-party, certified laboratory.
ARS customers found to have violated this policy may be subject to one or more of the following remedial actions:
As a customer of Arkansas Rehabilitation Services (ARS), I hereby certify, from my signature below, that I have received a copy of the agency's Substance Free Policy. I understand that the unlawful manufacturing, distributing, dispensing, possession of, or the use of a controlled substance, and the illegal use of substances like prescription drugs and alcohol, while actively participating in an ARS program is prohibited. I understand a violation of this policy will subject me to remedial action.
The policy has been explained to me clearly, I understand my responsibilities, and I agree to abide by its terms. I confirm that my guardian(s) or I have been provided a copy.
Customer's Signature: _______
Parent/Guardian _______
Customer's Printed Name:_______
SSN: _______
Date: _______
ARS refers to Arkansas Rehabilitation Services.
Customers refer to ARS customers with disabilities, which include referrals, applicants and those receiving VR services.
Drug means a controlled substance, as defined in Schedules I through V of section 202 of the Controlled Substances Act. See 29 U.S.C. § 705(10)(A).
Illegal use of drugs means -- the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. See 29 USC § 705 (10)(B).
Drug Screen or Test means any chemical, biological or physical instrument analysis administered by a laboratory authorized to do so for the purpose of determining the presence or absence of a drug or its metabolites pursuant to regulations governing drug testing adopted by the Department of Transportation or such other recognized authority approved by rule by the Commissioner.
Alcohol Screen or Test means an analysis of breath, urine or blood or any other analysis, which determines level or absence of alcohol as authorized by the Department of Transportation in it rules and guidelines concerning alcohol and drug testing. A breath test will consist of using an Evidential Breath Test Device approved by the National Highway Traffic Safety (NHTSA) for evidential testing of breath of alcohol content. (49 C.F.R. 40 Part 40.3)
Reasonable suspicion means a belief that an ARS customer is using or has used drugs, alcohol or other substances in violation of the covered policy drawn from specific objective, articulable facts, and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon:
Observable phenomena while on ARS premises such as observation of drug, alcohol or other substance use or of the physical symptoms or manifestation of being intoxicated as defined in ACA § 5-2-207
Abnormal conduct or erratic behavior while on ARS premises or a significant deterioration in performance as it relates to ARS services or causes a critical incident;
A report of drug, alcohol or other substance use provided by a reliable and credible source;
Evidence that an ARS customer tampered with a drug test, alcohol test or other substance test;
Information that the ARS customer has used, possessed, sold solicited, or transferred drugs, alcohol or other substances while being on ARS premises or while operating ARS vehicles, machinery or equipment.
Specimen means tissue, fluid, or a human product of the human body capable of revealing the presence of substance used or their metabolite levels.
Substance Abuse Rehabilitation Program means a service provider that provides confidential, timely and expert identification, assessment, and resolution to the ARS customer's substance abuse. This program will be an approved private or governmental institution for the treatment of substance abuse.