[Adopted 12-27-1995]
The purpose of this resolution shall be as follows:
A.
To establish a municipal alcohol and drug testing
program to help prevent accidents and injuries resulting from the
misuse of alcohol and drugs by covered drivers of commercial motor
vehicles in compliance with the Department of Transportation regulations
codified at 49 CFR Parts 40 and 382 and pursuant to the Omnibus Transportation
Employee Testing Act of 1991, enacted October 28, 1991.
B.
To establish rules and procedures to deter all illegal
drug use and deter on-duty, preduty and postaccident alcohol use,
as well as on-duty alcohol impairment stemming from preduty use, for
all employees who perform safety-sensitive functions.
C.
To detect and eliminate the possibility that municipal
employees will perform safety-sensitive functions after testing positive
for alcohol or drugs.
D.
To comply with applicable federal and state laws,
including the Omnibus Transportation Employee Testing Act of 1991.
E.
To provide reasonable measures for the early detection
of personnel not fit to perform activities within the scope of this
policy.
F.
To maintain a workplace free of drugs and alcohol.
G.
To inform employees, through education, in-service
training and other appropriate forums, about illegal drugs and alcohol
abuse, their use, possession and distribution and the effects of such
substances.
This policy applies to all municipal employees
who operate commercial motor vehicles and are subject to the commercial
driver's license (CDL) requirements established by the DOT. This also
includes all MEO and wing men operators.
There are several occasions when an individual
will be subject to drug and alcohol tests pursuant to this policy.
Prior to the administration of the following tests, the municipality
or its testing agent will notify the employee that the test is required
under the Code of Federal Regulations. The testing occasions shall
include:
A.
Preduty testing. Preduty testing is testing for alcohol
and drugs that the municipality will administer after a conditional
offer of employment has been extended and prior to any employee's
performance of a safety-sensitive function. The municipality will
not allow any employee to commence the performance of any safety-sensitive
function unless the alcohol testing reveals an alcohol concentration
of less than .02 and the drug testing reveals a verified negative
test result. If the preduty alcohol test reveals an alcohol concentration
of .02 or greater, it will result in a revocation of the conditional
offer of employment. Also independent of the Omnibus Transportation
Employee Testing Act of 1991 and the regulations thereunder, if the
preduty drug testing reveals a presence of drugs, it will result in
the revocation of the conditional offer of employment. The municipality
may, in its sole discretion, forgo preduty testing where the exceptions
promulgated at DOT 49 CFR Part 382.301(b) or (c), relating to drug
and alcohol testing of employees by their previous employers, are
satisfied and also forgo preduty testing in the event of an emergency
or severe storm where extra help is needed immediately.
B.
Reasonable-suspicion testing.
(1)
Reasonable-suspicion testing is alcohol and
drug testing that the municipality will conduct when it has reasonable
suspicion to believe that an employee has engaged in conduct prohibited
by this policy. (Reasonable-suspicion testing will not be conducted
based upon the suspicion that an employee has violated the provision
of this policy prohibiting employees from being on-duty or operating
commercial motor vehicles while the employee possesses unmanifested
alcohol.) Reasonable suspicion must be based upon specific, contemporaneous,
articulate observations concerning the appearance, behavior, speech
or body odors of an employee by a district supervisor who is specially
trained to recognize alcohol misuse or drug use.
(2)
The municipality shall not administer a reasonable-suspicion
alcohol test more than eight hours following a determination that
reasonable suspicion exists to believe that the alcohol prohibitions
of this policy have been violated. Notwithstanding the absence of
a reasonable-suspicion alcohol test, the municipality will not permit
any employee to report for duty or remain on duty requiring the performance
of a safety-sensitive function while the employee is under the influence
of or impaired by alcohol as shown by the behavioral, speech and performance
indicators of alcohol misuse, until an alcohol test is administered
and the employee's alcohol concentration measures less than .02 or
24 hours have elapsed following a determination that reasonable suspicion
exists to believe that the alcohol prohibitions of this policy have
been violated.
(3)
A written record shall be made of observations
leading to reasonable suspicion, signed by the supervisor or person
who made the observations, within 24 hours of the observed behavior
or before the results of the drug test are released, whichever is
earlier.
(4)
Employees are subject to reasonable-suspicion
alcohol testing as follows: immediately prior to performing safety-sensitive
functions, while performing safety-sensitive functions or immediately
following the performance of safety-sensitive functions. Reasonable-suspicion
drug testing may be conducted at any time the employee is on duty
for the municipality.
C.
Random testing.
(1)
Random testing is unannounced testing for alcohol
and drugs administered in a statistically random manner throughout
the year to employees employed by the municipality in ratios as required
by the DOT regulations, so that all employees have an equal probability
of selection each time a random test is administered.
(2)
Employees are subject to random alcohol testing
as follows: immediately prior to performing safety-sensitive functions
or while performing safety-sensitive functions or immediately following
the performance of safety sensitive functions. Random drug testing
may be conducted at any time the employee is on duty for the municipality.
D.
Postaccident testing.
(1)
A postaccident test is a test for alcohol and
drugs administered following an accident involving a commercial motor
vehicle to each surviving employee:
(a)
Who was performing safety-sensitive functions
with respect to the vehicle, if the accident involved the loss of
human life.
(b)
Who receives a citation under state or local
law for a moving violation arising from the accident.
(c)
If the accident resulted in one or more motor
vehicles incurring disabling damages as a result of the accident requiring
the vehicle(s) to be transported away from the scene by a tow truck
or other vehicle.
(d)
If the accident resulted in bodily injury to
a person who as a result of the injury immediately receives medical
treatment away from the scene of the accident.
(2)
The municipality will not administer a postaccident
alcohol test more than eight hours following the accident and will
not administer a postaccident drug test more than 32 hours following
the accident. An employee who is subject to postaccident testing shall
remain readily available for such testing or may be deemed by the
municipality to have refused to submit to testing. This shall not
be construed to require the delay of necessary medical attention for
injured individuals following an accident or to prohibit an employee
from leaving the scene of an accident for the period necessary to
obtain assistance in responding to the accident or to obtain necessary
emergency medical care.
E.
Return-to-duty testing. Return-to-duty testing is
alcohol and drug testing conducted after an employee has engaged in
prohibited conduct under this policy and completed counseling prescribed
by a substance abuse professional, if any; and prior to his return
to the performance of a safety-sensitive function, he/she must undergo
return-to-duty testing with an alcohol test result indicating an alcohol
concentration of less than .02 and/or a drug test indication a verified
negative result for illegal drugs. The expense of the counseling and
return testing is to be paid by the employee.
F.
Follow-up testing.
(1)
Follow-up tests are given following a determination
by the substance abuse professional (SAP) that an employee is in need
of assistance in resolving problems associated with misuses of alcohol
and/or drugs. This is an unannounced test, given at least six times
within 12 months with the actual frequency and number of tests determined
by the substance abuse professional (SAP), but in no event may the
follow up testing continue for a period beyond 60 months from the
employee's return to duty. The substance abuse professional may terminate
the requirement of follow-up testing at any time after the first six
tests have been administered it he/she determines that follow-up testing
is no longer necessary. All cost associated with the follow-up testing
is up to the employee.
(2)
Employees are subject to follow-up alcohol testing
as follows: immediately prior to performing safety-sensitive functions
or while performing safety-sensitive functions or immediately following
the performance of safety sensitive functions. Follow-up drug testing
may be conducted at any time the employee is on duty for the municipality.
A.
Alcohol.
(1)
Alcohol testing will be administered by a breath
alcohol technician (BAT) who has completed the equivalent of the DOT's
model course, as determined by the National Highway and Traffic Administration,
and who is trained in utilizing an evidential breath testing device
(EBT) that conforms to the DOT requirements. The EBT used for testing
shall meet the standards promulgated by the DOT and have a quality
assurance plan (QAP) developed by the manufacturer to ensure proper
calibration. Testing will be conducted in a location that affords
visual and aural privacy to individuals being tested.
(2)
If the initial test reveals an alcohol concentration
of .02 or greater, a confirmatory test must be performed. The confirmatory
test result is the final test result for the purposes of this policy.
If the final test result reveals an alcohol concentration greater
than .02 but less than .04, the employee will be suspended from performing
safety-sensitive functions for at least eight hours and will not return
to work until the next scheduled shift. If the alcohol concentration
is .04 or greater, the employee will be suspended from the performance
of safety-sensitive functions for an indefinite period.
B.
Drugs.
(2)
The cutoff level for these drugs will be those
set forth in the DOT regulations.
(3)
The municipality will contract with the certified
laboratory to ensure that the collection, shipment, testing and chain
of custody procedures ensure the integrity of the testing process
in accordance with the procedures set forth in the regulations.
(4)
The split-sample urine testing will be utilized.
This method requires that the urine specimen be divided into two samples
providing one sample for preliminary screening and initial confirmation
and a second sample for the second test if needed at a later date.
Independent of the requirements of the Omnibus Transportation Employee
Testing Act of 1991 and the regulations promulgated thereunder, the
municipality requires that the cost for testing this split sample
will be the employees responsibility if the employee elects to have
the second sample tested.
(5)
The MRO will conduct a final review of all positive
test results to assess possible alternative medical explanations for
the positive test results. (For an in-depth explanation of the drug
testing procedures, please refer to Appendix B Department of Transportation
49 CFR Part 40 Subpart B.)
C.
Alcohol and drugs.
(1)
The municipality will ensure that alcohol and
drug test information is maintained in a confidential manner in conformity
with the Department of Transportation Rule 49 CFR Part 40.
(2)
The municipality will ensure that all contracts
between the municipality and any other entity involved in the alcohol
and drug testing program will comply with the procedures set forth
in the Department of Transportation Rule 49 CFR Part 40.
(3)
The municipality will conform to the requirements
in the Department of Transportation 49 CFR Part 40 in all aspects.
D.
Uncompleted testing. If a screening or confirmation
test cannot be completed or if an event occurs that would invalidate
the test, the BAT shall, if practicable, begin a new screening or
confirmation test, as applicable, e.g., using a new breath alcohol
testing form with a new sequential test number (in the case of a screening
test conducted on an EBT that meets the requirements of Part 40.53(b)
or in the case of a confirmation test).
An employee shall not refuse to submit to a
postaccident alcohol or drug test required under this policy, a random
alcohol or drug test required under this policy, a reasonable-suspicion
alcohol or drug test required under this policy or a follow-up alcohol
or drug test required under this policy. The municipality will not
permit any employee to perform safety-sensitive functions subsequent
to a refusal to submit to a test required under the policy until the
individual is evaluated by a substance abuse professional and completes
a substance abuse program designed by a substance abuse professional,
if any, and undergoes a return-to-duty alcohol test revealing an alcohol
concentration of less than .02 and drug test with a verified negative
result. In other words, a refusal to submit to testing is the equivalent
of an alcohol test revealing an alcohol concentration of .04 or greater
or a drug test with a positive result. A refusal to be tested shall
be defined as a refusal by an employee to complete and sign the breath
alcohol testing form or to complete the drug screening chain of custody
form, to provide breath, to provide an adequate amount of breath,
to provide an adequate amount of urine or otherwise to cooperate with
the testing process in a way that prevents the completion of the test.
The BAT or collector shall record such refusal in the remarks section
of the form. The testing process shall then be terminated and the
BAT or collector shall immediately notify the municipality.
A.
Alcohol.
(1)
No employee shall report for duty or remain
on duty requiring the performance of safety-sensitive functions while
having an alcohol concentration of .02 or greater. The municipality
shall not permit an employee to perform or continue to perform safety-sensitive
functions if it has actual knowledge that an employee has an alcohol
concentration of .02 or greater.
(2)
An employee shall not be on duty or operate
a commercial motor vehicle while the employee possesses alcohol, unless
the alcohol is manifested and transported as part of a shipment. The
municipality shall not permit an employee to drive or continue to
drive a commercial motor vehicle if it has actual knowledge that an
employee possesses unmanifested alcohol.
(3)
An employee shall not use alcohol while performing
safety-sensitive functions. The municipality shall not permit an employee
to perform or continue to perform safety-sensitive functions if it
has actual knowledge that an employee is using alcohol while performing
safety-sensitive functions.
(4)
No employee shall perform safety-sensitive functions
within four hours after using alcohol. The municipality shall not
permit an employee to perform or continue to perform safety-sensitive
functions if it has actual knowledge that an employee has used alcohol
within four hours.
(5)
An employee required to take a postaccident
alcohol test shall not use alcohol for eight hours following the accident
or until he/she undergoes a postaccident alcohol test, whichever is
first.
(6)
Consequences of positive alcohol test. Independent
of the requirements of the Omnibus Transportation Employee Testing
Act of 1991 and the regulations promulgated thereunder, employees
who have been found to have violated the prohibited conduct under
this policy shall be subject to the following: A failure to observe
and abide by these policies will lead to discipline, including discharge.
B.
Drugs.
(1)
An employee shall not report for duty or remain
on duty requiring the performance of safety-sensitive functions when
the employee is using drugs, except when the use is pursuant to the
instructions of a physician who has advised the employee that the
drug does not affect the employee's ability to safely operate a commercial
motor vehicle. The municipality shall not permit an employee to report
for duty or remain on duty requiring the performance of safety-sensitive
functions if the municipality has actual knowledge that the employee
is using drugs, except when the use is pursuant to the instructions
of a physician who has advised the employee that the drug does not
affect the employee's ability to safely operate a commercial motor
vehicle.
(2)
Independent of the requirements of the Omnibus
Transportation Employee Testing Act of 1991 and the regulations promulgated
thereunder, the employee must notify the municipality that he/she
is using controlled substances pursuant to the instructions of the
physician who has advised the employee that the substance does not
adversely affect the employee's ability to safely operate a commercial
motor vehicle.
(3)
Consequences of a positive drug test. A failure
to observe and abide by these policies will lead to discipline, including
discharge.
A.
The municipality shall make available to the employee
information regarding the resources available for evaluating and resolving
problems associated with the misuse of alcohol and use of drugs, including
the names, addresses and telephone numbers of substance abuse professionals
and counseling and treatment programs.
B.
The municipality requires that each employee who engages
in conduct prohibited by this policy shall be evaluated by a substance
abuse professional, who shall determine what assistance, if any, the
employee needs in resolving problems associated with alcohol misuse
and drug use. The cost associated with this evaluation shall be the
responsibility of the employee. All costs for return-to-duty and follow-up
testing will be the employee's responsibility also.
C.
Each employee identified as needing assistance in
resolving problems associated with alcohol misuse or drug use shall:
(1)
Be evaluated by a substance abuse professional to determine if the employee has properly followed any rehabilitation program prescribed under Subsection B of this section.
(2)
Be subjected to unannounced follow-up alcohol
and drug tests administered by the municipality following the employee's
return to duty. The number and frequency of the follow-up tests shall
be as directed by the substance abuse professional and consist of
at least six tests in the first 12 months following the employees
return to duty. The municipality may direct the employee to undergo
return-to-duty and follow-up testing for both alcohol and drugs, if
the substance abuse professional determines that return-to-duty and
follow-up testing or both alcohol and drugs is necessary for that
particular employee. Such testing shall be in conformance with this
policy and the DOT regulations. Follow-up testing shall not exceed
60 months from the date of the employee's return to duty. The substance
abuse professional may terminate the requirement at any time after
the first six tests have been administered, if the substance abuse
professional determines that such testing is no longer necessary.
(3)
The evaluation and rehabilitation may be provided
by the municipality by a substance abuse professional under contract
with the municipality or by a substance abuse professional not affiliated
with the municipality. The choice of a substance abuse professional
shall be that of the municipality, and costs affiliated with evaluation
and treatment shall be the responsibility of the employee.
(4)
The municipality requires that a substance abuse
professional, who determines that an employee requires assistance
in solving problems with alcohol misuse or drug use does not refer
the employee to the substance abuse professionals private practice
or to a person or organization from which the substance abuse professional
has a financial interest.
(5)
The requirements of this section with respect
to referral, evaluation and rehabilitation do not apply to applicants
who refuse to submit to a preduty alcohol or drug test or who have
a preduty alcohol test with a result indicating an alcohol concentration
of .04 or a drug test with a verified positive test result.
