(DeMarcay Continued from page 21)
duct tests to detect whether a job applicant is using illegal drugs without violating the Americans with Disabilities Act ("ADA"), because such tests are excluded from the ADA's definition of "medical examination." Although the administration of a drug test is not a per se violation of the ADA, an employer cannot conduct a meaningful drug test before making a conditional job offer, because neither the employer nor its agent can ask about prescription medication in the blood stream or medical impairments that may affect the drug test results. As such, the employer must wait until a conditional offer of employment has 2009 - 2010 VESSEL LEASE FOR been extended before requiring a drug PORT TOWNSEND - KEYSTONE FERRY ROUTE test. If the employer decides to conduct REQUEST FOR EXPRESSIONS OF INTEREST drug tests on potential employees, the employer should ensure that there is a The Washington State Department of Transportation, Ferries Division, operator of written policy regarding the program. Washington State Ferries (hereinafter called "WSF") is seeking expressions of interest for This written policy should detail the the following project: type of drugs for which it is testing and A lease of one (1) auto ferry for service on the Port Townsend - Keystone ferry route in set forth the procedures taken when an Puget Sound, Washington. The lease will be for an interim period of time while WSF conapplicant tests positive for the prohibit- tracts for the construction of new auto ferries to operate on that route. The requested lease ed drugs. Finally, to prevent defamation is for eight (8) months, from August 2009 through March 2010, with a possible earlier comlawsuits, employers should take steps to mencement date depending on vessel availability. The vessel will be operated by WSF crews, approximately sixteen (16) hours per day, seven (7) days per week. The route servensure that only those individuals with- ice distance is approximately 4.3 nautical miles each way. in the company who need pre-screening information are able to access the test The vessel must have the following minimum characteristics: results. These individuals should be � Minimum of 300 passengers and 50 vehicles; thoroughly versed on privacy issues and � Double ended vehicle loading and offloading (no side loading capability); required to maintain strict confidentiali- � Minimum service speed of 11.5 to 12.0 knots @ 85% maximum continuous rating of engine output; ty. Once the screening process is com- � USCG certified for Lakes, Bays, and Sounds with a current Certificate of Inspection; plete, it is important to dispose of the � Minimum two compartment subdivision; work product in a proper manner. The � Sea Keeping capability for operating in 4 to 6 feet sea conditions without water on deck; Fair and Accurate Credit Transactions � Capable of carrying vehicles of 80,000 to 100,000 lb weight; Act ("FACT Act") affects personal infor- � Clear vehicle deck height for tall vehicles - minimum 14 feet; � Maneuvering stopping distance from full speed to full stop within two boat lengths; mation, including telephone numbers, � Double ended propulsion; no backing into or out of Keystone Terminal; address, social security number and � Maximum draft 13.0 feet; medical information. While The FACT � Meets ADA accessibility requirements for passenger areas and restrooms; and Act Disposal Rule does not mandate that � Meets USCG 100% life raft capability. companies retain or dispose of any par- Subject to the above requirements, interested vessel owners should send a description of ticular consumer information after a cer- their vessels as soon as possible to the address listed below. The responses are non-bindtain length of time, it requires "any per- ing as to vessel availability. son who maintains or otherwise possessTim McGuigan es consumer information for a business Director of Legal Services & Contracts Washington State Ferries Phone: 206.515.3601 purpose" to properly dispose of con2901 Third Ave., Ste. 500 Fax: 206.515.3605 sumer information in a manner that is Seattle, WA 98121-3014 E-mail: mcguigan@wsdot.wa.gov both reasonable and appropriate to protect against unauthorized disclosure. WSF assumes no obligation of any kind for expenses incurred by a respondent to this Notice.
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Ensuring that the FACT Act Disposal Rule requirements are met is the final step to achieving a comprehensive and effective pre-employment screening program. Although we all realize that time is of the essence in the maritime world, a little extra time spent scrutinizing candidates during the employee screening process may save you from a serious liability claim later. As Ben Franklin stated, "An ounce of prevention is worth a pound of cure."
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