Section 599.963 - Testing Process and StandardsSubstance 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(3) marijuana/cannabinoids (THC)(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.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).