Substance testing under this article shall comply with
the following standards and procedures:
(a) The drug testing process shall be one
that is scientifically proven to be at least as accurate and valid as
urinalysis using an immunoassay screening test, with all positive screening
results being confirmed utilizing gas chromatography/mass spectrometry before a
sample is considered positive. The alcohol testing process shall be one that is
scientifically proven to be at least as accurate and valid as (1) urinalysis
using an enzymatic assay screening test, with all positive screening results
being confirmed using gas chromatography before a sample is considered
positive; or (2) breath sample testing using breath alcohol analyzing
instruments which meet the state Department of Public Health standards
specified in the California Code of Regulations, title 17, sections
1221.2 and
1221.3.
(b) Substances to be tested
for shall include the following:
(1)
amphetamines and methamphetamines
(2) cocaine
(3) marijuana/cannabinoids (THC)
(4) opiates (narcotics)
(5) phencyclidine (PCP)
(6) barbiturates
(7) benzodiazepines
(8) methaqualone
(9) alcohol
In addition, with the approval of the department testing
may be conducted for other controlled substances when the appointing power
reasonably suspects the use of other substances.
(c) After consulting with expert staff of the
laboratory or laboratories selected to perform the testing under this article,
the Department shall set test cutoff levels that will identify positive test
samples while minimizing false positive test results.
(d) Notwithstanding subsection (c), the
Department shall use cutoff levels for substances listed in subsections (b)(1)
through (5) as established by the federal Substance Abuse and Mental Health
Services Administration (SAMHSA) in, Mandatory Guidelines for Federal Workplace
Drug Testing Programs, Subpart B, Section 2.4, Part (e) and Part (f), 59 Fed.
Reg. 29916 (dated June 9, 1994), and 62 Fed. Reg.
51118 (dated September 30,
1997). For alcohol, subsection (b)(9), the Department shall use the Federal
Motor Carrier Safety Administration alcohol concentration cutoff level as
described in title 49 Code of Rederal Regulations part 382 -- Controlled
Substances and Alcohol Use and Testing, (dated July 25, 1995).
(e) Test samples will be collected in a
clinical setting such as a laboratory collection station, doctor's office,
hospital or clinic or in another setting approved by the Department on the
basis that it provides for at least an equally secure and professional
collection process. The Department shall specify procedures to ensure that true
samples are obtained.
(f) The
Department shall use chain of custody procedures similar to those used by
SAMHSA to ensure that a strict chain of custody is maintained for the sample
from the time it is taken, through the testing process, to its final
disposition. Chain of custody forms shall, at a minimum, include an entry
documenting date and purpose each time a specimen or sample is handled or
transferred and identifying every individual in the chain of custody.
(g) Drug tests shall be performed by a
commercial laboratory that is certified by SAMHSA (pursuant to Mandatory
Guidelines for Federal Workplace Drug Testing Program, 78 Fed. Reg.
2675
through
2676), or the latest version published by the federal government, or
which meets the standards used by the College of American Pathologists (CAP) to
accredit laboratories for forensic urine drug testing (Standards for
Accreditation, Forensic Urine Drug Testing Laboratories, College of American
Pathologists).
(h) For random
substance testing under this article, the Department will use a scientifically
valid method such as a random number table or a computer based random number
generator that is matched with social security numbers, payroll identification
numbers, or other comparable identifying numbers. A number not to exceed 35
percent of managers, supervisors, and exempt employees who are subject to
random substance testing will be randomly selected for substance testing
annually.
Notes
Cal. Code
Regs. Tit. 2, §
599.963
1. New
section filed 9-7-88; operative 10-7-88 (Register 88, No. 38).
2.
Amendment of subsection (a), new subsection (d), subsection relettering,
amendment of newly designated subsections (f) and (g), and new subsection (h)
filed 1-25-2001; operative 1-25-2001 pursuant to Government Code section
11343.4(c)
(Register 2001, No. 4).
3. Change without regulatory effect amending
section and NOTE filed 10-13-2014 pursuant to section 100, title 1, California
Code of Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
18502,
19815.4(d)
and
19820,
Government Code. Reference: Section
19261,
Government Code.
1. New
section filed 9-7-88; operative 10-7-88 (Register 88, No. 38).
2.
Amendment of subsection (a), new subsection (d), subsection relettering,
amendment of newly designated subsections (f) and (g), and new subsection (h)
filed 1-25-2001; operative 1-25-2001 pursuant to Government Code section
11343.4(c)
(Register 2001, No. 4).
3. Change without regulatory effect amending
section and Note filed 10-13-2014 pursuant to section 100, title 1, California
Code of Regulations (Register
2014, No. 42).